E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION

Vol. 161 WASHINGTON, TUESDAY, DECEMBER 1, 2015 No. 173 House of Representatives The House met at 10 a.m. and was District, which I represent, since the prove the quality of water in our local called to order by the Speaker pro tem- streams and rivers in a large portion of rivers, streams, the Chesapeake Bay pore (Mr. KELLY of Mississippi). the district drain into it. This is also a Watershed, and the bay itself. I look f region which depends on agriculture, forward to working with the agri- the Commonwealth’s largest industry. culture community and many con- DESIGNATION OF SPEAKER PRO Among the topics of discussion at the servationists as we prepare for the next TEMPORE forum were the Chesapeake Steward- reauthorization of the farm bill. The SPEAKER pro tempore laid be- ship grants, which are funded by the f U.S. Environmental Protection Agency fore the House the following commu- CLIMATE CHANGE nication from the Speaker: and administered by the NFWF. This The SPEAKER pro tempore. The WASHINGTON, DC, funding goes toward the restoration of December 1, 2015. streams which flow into the bay and to Chair recognizes the gentleman from I hereby appoint the Honorable TRENT those that cut down on nutrient and Oregon (Mr. BLUMENAUER) for 5 min- KELLY to act as Speaker pro tempore on this sediment pollution. utes. day. This fall, I joined the NFWF in tour- Mr. BLUMENAUER. Mr. Speaker, PAUL D. RYAN, ing several sites across Pennsylvania’s the eyes of the world are on Paris as it Speaker of the House of Representatives. Fifth Congressional District, which recovers from one tragedy and when 150 f were all funded by these grant pro- world leaders gather to prevent an- other. They meet to secure a global MORNING-HOUR DEBATE grams. These sites show the direct con- nection between agriculture and the agreement on climate change. The SPEAKER pro tempore. Pursu- health of the Chesapeake Bay, with all Reliance on fossil fuels, especially ant to the order of the House of Janu- of them located on farmland. The coal, and wasteful, expensive energy ary 6, 2015, the Chair will now recog- projects range from those which keep consumption shortchanges today’s pri- nize Members from lists submitted by animal waste out of waterways to flood orities and threatens our future. Ten the majority and minority leaders for control and stream bank restoration, years from now, even many of the cur- morning-hour debate. all of which improve the overall health rent climate skeptics will wonder, The Chair will alternate recognition of local streams, local watersheds, and, ‘‘What were we thinking?’’ between the parties, with each party ultimately, the health of the Chesa- The scientific evidence and the over- limited to 1 hour and each Member peake Bay. whelming consensus it has created is other than the majority and minority As chairman of the House Agri- clear. The immediate impacts of record leaders and the minority whip limited culture Subcommittee on Conservation temperatures, erratic, very dangerous to 5 minutes, but in no event shall de- and Forestry, as well as a member of weather patterns, ocean acidification, bate continue beyond 11:50 a.m. the House National Resource Com- drought, disease, social disruption, and f mittee, the health of our watersheds is wildfires have predictable impacts that critically important. Healthy water- have already cost us dearly, with many NATIONAL FISH AND WILDLIFE sheds are needed for the sustainability more severe problems on the horizon. FOUNDATION of both agriculture and the land. It is sad that what should be a The SPEAKER pro tempore. The As I explained during the forum, the straightforward, scientific conclusion Chair recognizes the gentleman from commitment to agriculture and has become so emotionally charged and Pennsylvania (Mr. THOMPSON) for 5 healthy watersheds continues through politically volatile. It is embarrassing minutes. passage last year of a 5-year farm bill and ironic that in the middle of this Mr. THOMPSON of Pennsylvania. and the various conservation programs historic event on climate change, as Mr. Speaker, a few weeks ago, I partici- contained within title II of that bill. the world consensus is strengthening pated in a forum hosted by a Founda- The tour of the National Fish and and moving toward action, the best tion created in the 1980s by Congress: Wildlife Foundation watershed that our Republican Congress can do is the National Fish and Wildlife Founda- projects, along with this recent forum, voting on two pieces of legislation that tion, or NFWF. The forum was on the gave me the opportunity to hear first- would undo much of the progress we connection between agriculture and hand from farmers, agricultural lead- have already made. the Chesapeake Bay. ers, and those involved in the restora- The Republican leader in the Senate The health of the bay is important in tion of streams and rivers on what can argues that the carbon rule of the ad- Pennsylvania’s Fifth Congressional be done here in Washington to help im- ministration is a vast overreach and

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.000 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8650 CONGRESSIONAL RECORD — HOUSE December 1, 2015 yet that the Obama policies won’t ac- West Virginia (Mr. MOONEY) for 5 min- Kiwanis, and Military Officers Associa- complish anything, all while working utes. tion of America. to undermine their effectiveness. We Mr. MOONEY of West Virginia. Mr. Doug was preceded in death by his will then vote on H.R. 8, a fossil fuel Speaker, I rise today to recognize the first wife, Maria Laura Mae Fargo, and giveaway that will do nothing to com- lives of two outstanding Americans his second wife, Eileen Fargo, as well bat climate change, but only accel- who passed away in October. Both men as the last love of his life, Eunice erate the problem. were part of the Greatest Generation Steed. Additionally, Mr. Fargo lost his The best solution to the climate and served our country honorably dur- grandson, Adam Joseph Fargo, on July threat is not these foolish votes and ing the Second World War. 22, 2006, when he was killed in action obstructionism, but an action that has William Bostic Jr., also known as while fighting in Iraq. the potential to resolve other con- Bill, passed away on October 30. He was Doug will also be buried in the Ar- troversial issues while addressing our a native of West Virginia, born in lington National Cemetery. major climate challenges. Renick in 1922, lived most of his life in Bill and Doug were fantastic men It is past time for the Federal Gov- Ravenswood in the Second Congres- who served their country and their ernment to enact a revenue-neutral fee sional District, and was the son of Wil- communities with honor. on carbon emissions. This would not be liam Bostic Sr. and Nancy Lou Dale f an excuse to expand government spend- Bostic. ing and new programs, but instead sim- In 1943, he was called to serve his PARIS CLIMATE TALKS plify and solve current problems in a country, and serve it well he did. Bill The SPEAKER pro tempore. The cost-effective manner. served in the Pacific Theater, where he Chair recognizes the gentleman from Consider for a moment that high on was injured in the line of duty. Illinois (Mr. QUIGLEY) for 5 minutes. the list of problems, in addition to cli- On February 8, 1945, Corporal Bostic Mr. QUIGLEY. Mr. Speaker, this mate change, is that almost everyone was serving as a member of an artillery week, more than 40,000 negotiators thinks we should fix our broken cor- liaison party when the enemy began at- from 196 governments have descended porate Tax Code, avoiding the looming tacking with rocket, artillery, and on the French capital for the Paris cli- Social Security deficit, and stream- mortars in support of demolition units. mate summit. This summit provides lining the patchwork of uneven energy Bill, with complete disregard for his the world with a critical opportunity subsidy provisions. own safety, left his foxhole and crawled to take a significant step toward cre- A revenue-neutral carbon tax is a to a point where he could better com- ating an ambitious and effective global proven market mechanism to reduce municate with the supporting artillery. framework for addressing climate the devastating carbon pollution. We After establishing communications, change. could sweep away expensive and often he was struck by enemy mortar frag- Climate change is no longer a prob- conflicting clean energy subsidies and ments and, though seriously wounded, lem for future generations. It is our replace them with something much refused to leave his post until the problem, and we must act now. Paris more effective. We could use the carbon revenues not enemy attack had been repulsed. His gives us that opportunity. for new programs, but to eliminate the utter disregard for his own personal The science demonstrating the re- looming 25 percent cut in Social Secu- welfare and his devotion to duty as- ality of climate change advances by rity, acting quickly while a solution is sisted materially in the adjustment of the day. In fact, 14 of the 15 warmest more affordable and less disruptive to artillery fire that broke up the enemy years on record have occurred since the the lives of our seniors. attack. year 2000, and 2015 is on track to be the At the same time, we could adjust For this act of gallantry, Bill was warmest year of all. the Social Security tax downward to awarded the Silver Star. During his 11 No country, no matter how large or protect middle and lower income peo- years of service to our country, he also small, wealthy or poor, is immune to ple from impacts of the fee, and we earned six Bronze Stars, a Purple the detrimental effects we will face if could boost small business, shielding Heart, and a Good Conduct ribbon, just we do not address this global climate them from part of the cost and low- to name a few. crisis. ering the payroll tax they pay, making Bill is survived by his wife of 65 The good news is that there has been it cheaper for them to employ people. years, Pauline Bostic. She still lives in quite a bit of global action over the Finally, a portion of the revenues Jackson County, West Virginia. He will past few months leading up to the could be used to buy down the world’s be laid to rest at Arlington National Paris summit. Nearly 180 countries, highest corporate tax rate that the Cemetery. covering more than 95 percent of the United States currently has, which dis- Mr. Douglas Clayton Fargo, Doug, is global greenhouse gas emissions, have another true American hero who torts business decisions and places us pledged to take steps to reduce CO2 at a competitive disadvantage with passed away. emissions. other developed countries. Doug lived in Charles Town, West A U.N. report shows that the pledges Think about it. We could solve the Virginia, for over 25 years. After grad- submitted so far represent a substan- existential climate threat, make the uating from high school, Doug enlisted tial step in global action that will sig- tax system simpler, more fair, and ef- with the U.S. Army and served from nificantly curtail the world’s carbon fective, avoid the looming Social Secu- 1944 to 1946. He fought in nine major trajectory. battles and was quickly elevated in rity crisis, and shield individuals and b 1015 small business from the undue impact rank from a private to a sergeant as he from the carbon fee, while making our served under the great General George If those pledges are implemented, businesses more competitive. That is Patton. He was awarded the Bronze global warming would slow to roughly about as close as can you get to a non- Star and the Combat Infantry Badge 3 degrees by 2100. While this isn’t partisan, nonideological, grand-slam for his services. enough to meet U.N. targets, it is bet- policy home run. In 1951, he was recalled to Active ter than the 4- to 5-degree increase if Instead of policies of division and de- Duty and served another 2 years in the nothing were done. nial, it is time for us to come together Korean war, where he received his field With such a significant and impactful to support a revenue-neutral carbon commission as a lieutenant. He led 11 opportunity in front of us, many eyes tax to solve multiple problems and combat patrols and was awarded a sec- are on the U.S. What will we do? How meet our obligations to our children ond Bronze Star and a second Combat will we act? and grandchildren. Infantry Badge, as well as 18 other rib- As the world’s largest economy and f bons and decorations. the second largest emitter of carbon di- After his retirement, he remained ac- oxide, we cannot stand by and do noth- HONORING WILLIAM BOSTIC JR. tive in the community and stayed in- ing. Thanks to President Obama, we AND DOUGLAS CLAYTON FARGO volved with a number of veterans orga- have made real progress in advancing The SPEAKER pro tempore. The nizations, including the Korean War our goals of reducing emissions and im- Chair recognizes the gentleman from Veterans Association, Forty and Eight, proving our air quality.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.024 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8651 Earlier this year the administration duty as an officer with the Richmond Another resident stated that the finalized the Clean Power Plan, which Police Department. SAFE Act only makes it harder for establishes the first ever national As a father of a young family, my good people to flee from danger and standards to limit carbon pollution heart breaks for his wife, Katie, and being used by ISIL, and his hope is that from existing power plants. This is a their 3-year-old son, Luke. the Obama administration is able to plan that will prevent up to 3,600 pre- Officer Ellis was known by his friends provide what Congress needs to do its mature deaths, 90,000 asthma attacks and family to have a gentle spirit and job and that good Members reconsider in children, and 300,000 missed work- a servant’s heart. His death, while the SAFE Act and don’t vote to over- days and schooldays, all the while cre- tragic, has united Kentuckians in hon- ride the President’s impending veto. ating tens of thousands of jobs and sav- oring his service in Richmond. Other residents, like one in Arling- ing American families money on their My wife, Carol, and I were privileged ton, directly stated that this bill was energy bills. to attend the memorial service for Offi- wrong. Right now world leaders at the Paris cer Ellis on the campus of Eastern Ken- Let me be clear. I did not view the Climate Summit are working to forge tucky University. Thousands of people SAFE Act as a vote against Syrian or international progress on the climate lined the streets to show their support Iraqi refugees or the greater refugee community. But the constituents that crisis. So it comes as no surprise that during his funeral procession. I represent have sent a strong message my colleagues here in Congress are Blue ribbons and wreaths adorned the that any action that does not effec- taking action on this important topic windows of local businesses, and 7,000 tively balance national security with as well. Not so much. mourners packed Eastern Kentucky our national values is off course. University’s Alumni Coliseum, includ- In Paris, they are developing a road We must remember that the Statue map to gradually reduce greenhouse ing law enforcement officers from of Liberty is more than just a symbol gas emissions. In Washington, we are around the Commonwealth and the Na- of freedom. It is a symbol that America voting on resolutions that would nul- tion, to honor the life of Officer Ellis, is committed to welcoming and pro- lify the only national plan we have to a life, as was noted during the service, tecting those who seek and need ref- address carbon pollution. that was devoted to justice, kindness, uge. In Paris, the burden of slashing and service to others. Many of my Democratic colleagues greenhouse gases is being shared by ev- His death is a tragic reminder of the have joined me in supporting legisla- eryone, not just the wealthy countries. dangerous, selfless, and heroic work tion that echoes this sentiment. We In Washington, some, the majority, are done by law enforcement officers and have sent letters to the administration reluctant to take any blame for this first responders each and every day. and agencies supporting refugees this growing crisis. I thank Officer Ellis for his service past year. This all makes perfect sense. Right? and devotion to our community. We I have cosigned a letter to President At a time when the world is coming celebrate and honor his life. Obama urging him to convene inter- together to address one of the defining f national negotiations to stop the Syr- issues of our lifetime, some of my col- ian civil war. SYRIAN REFUGEE CRISIS leagues have decided to sabotage I cosponsored the Protecting Reli- American leadership on this critical The SPEAKER pro tempore. The gious Minorities Persecuted by ISIS topic. Chair recognizes the gentleman from Act of 2015. This legislation directs the This is not what American families Texas (Mr. VEASEY) for 5 minutes. Secretary of State to establish or use need, and this is certainly not what the Mr. VEASEY. Mr. Speaker, I rise existing refugee processing mecha- world needs to see from a global leader. today to respectfully share with my nisms to allow those with a credible Theodore Roosevelt once said, colleagues some of the thoughts and fear of persecution by ISIL for gender, ‘‘Knowing what’s right doesn’t mean concerns shared by residents in the religious, or ethnic membership to much unless you do what’s right.’’ Dallas-Fort Worth metroplex. These apply for refugee admission to the We know we are running out of time are heartfelt views expressed since we United States. to mitigate climate change. If we fail last met as a legislative body and voted But we can do more, as a Congress, to to take meaningful action now, that on the passage of the American SAFE support the goals of refugee resettle- knowledge will mean nothing. Act. ment and keep the American people As with any global challenge, climate A passionate public discussion is un- safe at the same time. If we vote to update the refugee re- change will not be solved in one fell derway about the role the United settlement program, we must also allo- swoop. No single action, no single gov- States should play during one of the cate appropriate funds to ensure that ernment, and no single summit will de- greatest humanitarian crises of our men, women, and children fleeing vio- cisively address one of the greatest time. I have received calls, emails, lence do not get caught in unnecessary global threats our world has ever seen. handwritten letters, texts, Facebook messages from fellow Texans back bureaucracy. But Paris does allow us the oppor- As a Congress, we can give legislative home. tunity to devise a common purpose to teeth to security enhancements to the Many have expressed clearly that create a better world for future genera- Visa Waiver Program implemented by they think that some of the enhanced tions. the Department of Homeland Security security clearances for Syrian and I urge my colleagues to do the right earlier this year. We can fully fund the thing, vote against these harmful envi- Iraqi refugees really means that Amer- President’s budget request for aviation ronmental riders on the floor this ica’s legacy as a Nation that shares its security. We can support and expedite week, and allow America to be the freedom and opportunity is in danger. our efforts to expand preclearance ca- leader on climate change. They have expressed their dis- pability of foreign airports around the f appointment, sometimes anger, that world. Doing so will provide with us a we may be allowing our national secu- greater ability to prevent those who HONORING THE LIFE OF OFFICER rity concerns to trump our Nation’s DANIEL N. ELLIS should not be flying here. history of standing for liberty and jus- I am committed to keeping Ameri- The SPEAKER pro tempore. The tice. cans safe, but I know that doing so is Chair recognizes the gentleman from I will take a moment to share their not inconsistent with providing refuge Kentucky (Mr. BARR) for 5 minutes. thoughts and views to ensure my col- to some of the world’s most vulnerable Mr. BARR. Mr. Speaker, I rise today leagues that we also consider their people. To turn our backs on refugees to celebrate the life and note the ‘‘End views when making any future decision would be to betray our values. of Watch’’ for Officer Daniel Ellis, about the Syrian refugee crisis. The United States is a welcoming originally of Campbellsville, Kentucky, One resident stated that voting for a country that knows diversity equals and more recently of Richmond, Ken- pause in accepting refugees from Iraq strength. Our resettlement program tucky. and Syria may not slow down the must continue to reflect this. Any leg- On November 6, Officer Ellis was sud- trickle that arrives here, but it is a islation that challenges this legacy denly and tragically killed while on huge symbolic vote. should be rejected.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.004 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8652 CONGRESSIONAL RECORD — HOUSE December 1, 2015 I will continue to keep residents’ I cannot tell you how often I hear the power of protest, nonviolence, and thoughts and concerns at the forefront from parents and students and teachers courage. of my decisionmaking, and I thank lamenting about not only the days As a member of the Ohio General As- them for reaching out to me over the spent testing, but the days spent pre- sembly, where I served as House leader, last week. I urge my colleagues to do paring to test. I was proud to have led the efforts that the same. The effort with the Student Success resulted in the 2005 passage of House f Act is to roll that back and have Bill 421 designating December 1 as Rosa States take a leadership role in that Parks Day, the first State in the Na- STUDENT SUCCESS ACT and the Federal Government retreat, tion to do so. Each year, the State of The SPEAKER pro tempore. The reduce the Federal footprint in edu- Ohio, spearheaded by the Central Ohio Chair recognizes the gentleman from cation in this country. Transit Authority, proudly celebrates Pennsylvania (Mr. COSTELLO) for 5 min- This is not a partisan issue. This is the life of Rosa Parks in our State cap- utes. an issue of fairness. It is only fair that ital, Columbus, Ohio. Mr. COSTELLO of Pennsylvania. Mr. teachers and parents get more say over It is important that we do not let her Speaker, I rise today to speak about public education and Washington, D.C., legacy of bravery die. I look forward to the issue of public education in Amer- gets less. joining my constituents when I travel ica and what we need to do here in A vote against this bill is a vote for back to the district on December 3 to Washington, D.C., to improve our pub- the status quo, and I don’t think any- celebrate the 11th annual statewide lic education system. one really, truly wants public edu- tribute to Rosa Parks, ‘‘The Power of I specifically rise today to urge pas- cation coming more out of Washington, One.’’ sage of the Student Success Act in the D.C. Mr. Speaker, I would like to thank name of putting students first. The Student Success Act ensures Congressman JOHN CONYERS, the dean The bottom line, Mr. Speaker, is that that States cannot be coerced into of this House, for agreeing to partici- right now the Federal education bu- Common Core. If we do not pass this pate in my Community Leaders Forum reaucracy has imposed more mandates bill, the Secretary of Education, at this year’s celebration. on local classrooms, on students, on through the waiver program, has more For five decades, Congressman CON- teachers, on administrators, than was ability to impose Common Core. By YERS has been a champion of civil ever intended or contemplated by our passing this bill, States cannot be co- rights and voting rights. His distin- Constitution and essentially runs afoul erced into the Common Core cur- guished career is highlighted by his of the principles of federalism. That riculum. work on important civil rights legisla- being that, if power is not vested upon The Student Success Act eliminates tion such as the Martin Luther King the Federal Government to do some- 49 duplicative, ineffective Federal pro- Holiday Act of 1983, the Motor Voter thing, it should be left to the States or grams. If we do not pass this bill, those bill of 1993, and the Help America Vote even more local subdivisions; in this 49 duplicative, ineffective programs Act of 2002. Today, he continues to case, our local school boards. stay on the books. fight for voting rights and civil rights The Student Success Act seeks to as the ranking member on the House 1030 empower teachers, administrators, par- b Judiciary Committee. ents, and students by sending control The Student Success Act provides I look forward to welcoming him to back to school boards and classrooms more flexible funding for school dis- our Rosa Parks celebration because he across this country. tricts to fund their priorities at the shared a personal relationship with Mr. Speaker, the Student Success local level. her. She worked for Congressman CON- Act accomplishes a great deal for the I want to thank Chairman KLINE, Mr. YERS from 1964 until 1988. However, be- sake of the student. I am going to ROKITA, and all my colleagues on the fore working with Congressman CON- spend a minute explaining how and Education and the Workforce Com- YERS, she took a stand for justice and why that is. But it is also important to mittee for their work on the Student equality. The power of one person point out what happens if we do not Success Act. changed our Nation forever. pass this bill: more curriculum man- Mr. Speaker, let’s put children first Our fight for racial equality and real dates out of Washington, D.C., more and pass this bill. inclusion is ongoing, as recently pub- testing mandates out of Washington, f licized tensions across our Nation have D.C. If we do not pass this bill, we get made clear. With the Supreme Court ROSA PARKS DAY more of that. decision to strike down section 4 of the If we do not pass this bill, we have The SPEAKER pro tempore. The Voting Rights Act of 1965 in Shelby more power and control administered Chair recognizes the gentlewoman from County v. Holder, we no longer have at the sole discretion of the Secretary Ohio (Mrs. BEATTY) for 5 minutes. the safety net that ensures that Ameri- of Education, as it stands right now. Mrs. BEATTY. Mr. Speaker, I rise cans, especially minorities, are able to The Secretary of Education has the today to honor and celebrate the mem- participate in our democratic process. power of the purse at his disposal, and ory of the great Rosa Parks, also Mr. Speaker, we should not be rolling we have a waiver program that essen- known as the mother of the modern back voting rights protection. Instead, tially plays out as follows: civil rights movement. we should honor the progress our coun- If the Secretary of Education at the Today, December 1, marks the 60th try has made to ensure and protect Federal level likes what you are doing anniversary of Rosa Parks’ arrest for equal rights and equal treatment for with your curriculum and your ac- refusing to surrender her seat on a city all. countability measures at the local bus in Montgomery, Alabama, to a That is why I am the cosponsor of the level, you get grant money. If he White male. Her arrest on this date in Voting Rights Advancement Act of doesn’t like it, you don’t get the grant 1955 put a face to Jim Crow and the dis- 2015, H.R. 2867, which enjoys bipartisan money. There is way too much discre- grace of segregation in this country and bicameral support. Congress should tion in Washington, D.C., over how and, in many ways, united a nation in immediately bring this legislation to public education is managed and ad- the struggle for civil rights for all. the floor to ensure that all Americans ministered in this country. That is not As many of you know the story, Rosa may cast ballots to choose their lead- the way it was intended to be. Parks refused to give up her seat, ers in public service. The waiver program, which is in ef- sparking the peaceful Montgomery bus Mr. Speaker, many of the policies fect right now, is acting as a top-down boycott, which lasted 381 days and led being pushed by the House Republican lever to dictate what is taught in the to the eventual desegregation of the leadership would adversely and classrooms, how it is taught, when and public transportation system across disproportionally affect people of color how much testing should be employed this Nation. and individuals in low-income commu- by teachers, how they teach in the Rosa Parks in every way embodies nities. classroom, and when students have to the tremendous difference a single per- When we talk about reform in Wash- take tests. son, Mr. Speaker, can make through ington and starting with a clean slate

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.005 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8653 without consideration of how these petence is abominable, and there needs affirming our determination to banish policies will affect all communities, we to be a shakeup at all levels. The agen- AIDS to the annals of history. We rec- do our Nation a disservice. I am con- cy needs to be led and staffed by people ognize that achieving an AIDS-free fident we can do better. I am hopeful who believe America has a duty and an generation requires our relentless, en- that we can do better. We have a re- obligation to help our veterans. ergetic, and undaunted commitment to sponsibility to do better. Right now, it seems there is no sense testing, treatment, and finding a cure. Today and every day, let us be in- of responsibility or concern from the The World AIDS Day theme this spired by Rosa Parks and remember Obama administration with the dis- year, ‘‘The time to act is now,’’ chal- that each person must live their life as graceful way our veterans are being lenges us to act with the urgency that a model for others. treated. It is time for President Obama this global epidemic demands. Mr. Speaker, I thank you for the op- to truly commit to reforming the VA AIDS, as we know, and the HIV virus portunity to speak on this important and give America’s veterans a mean- is a ferocious and resourceful disease, a issue. ingful, decisive plan to right the many resourceful virus, ever-mutating to es- f wrongs. cape our efforts to destroy it. There- Regardless of the outcome, my office fore, we have to be ferocious, resource- OUR VETERANS DESERVE BETTER will continue to leave no stone ful, and adaptable in our effort to suc- The SPEAKER pro tempore. The unturned when it comes to serving our ceed to end HIV. We must bring bold Chair recognizes the gentlewoman from veterans. thinking and deep commitment to test- North Carolina (Ms. FOXX) for 5 min- f ing, treatment, and the search for a utes. cure and a vaccine to prevent. Ms. FOXX. Mr. Speaker, last month, HIV/AIDS President Bush, with his PEPFAR we celebrated Veterans Day, a day The SPEAKER pro tempore. The initiative, took a big advance in how where we rightly single out the mem- Chair recognizes the gentlewoman from we can help prevent the spread of AIDS bers of our military, past and present, California (Ms. PELOSI) for 5 minutes. in the rest of the world. He and Mrs. and pay tribute to their service and Ms. PELOSI. Mr. Speaker, I come to Bush, with their Pink Ribbon Red Rib- sacrifice. the floor today to mark World AIDS bon Initiative to link cervical cancer When you stop to think about it, it is Day. prevention with HIV testing and treat- amazing that men and women choose I do so in great pride, following my ment in Africa, was a remarkable ini- to serve in our Armed Forces, knowing colleague from Ohio, Congresswoman tiative. full well that their sacrifice could be JOYCE BEATTY, who spoke on the floor So we salute the bipartisanship. We tremendous and even require their life. about the 60th anniversary of what supported, of course, President Bush But, still, they volunteer. They do so happened in Montgomery when Rosa with PEPFAR. We wanted it bigger, because America—her ideals, her peo- Parks, with great courage, refused to and he wanted it strong, and there we ple, and her way of life—are worth de- give up her seat on the bus. The cour- were with something that has saved fending. age of that woman and all of those who millions of lives and given hope to peo- The entire Nation owes our military supported her has made such an incred- ple. personnel and veterans a huge debt of ible difference in our country, and it is I visited some of the clinics in Africa gratitude, and ensuring that debt is indeed related to what I want to say where PEPFAR is being administered, properly repaid is one of my top prior- about HIV and AIDS. and some of the people I met there ities in Congress. Many of us had the privilege of know- said, ‘‘I would never have come in to be Mr. Speaker, as I travel North Caro- ing Rosa Parks when she worked for tested before because there was no rea- lina’s Fifth District, I hear a similar JOHN CONYERS. We honored her here in son. I had no hope that there would be refrain. No matter where I go, con- the House and are so proud that we any remedy or any maintaining of a stituents tell me horror stories of their have a statue of Rosa Parks in the Cap- quality of life that would have encour- experiences with the Department of itol of the United States. aged me to risk the stigma of saying Veterans Affairs. We think of her and we think of the that I was HIV-infected.’’ So, again, it Veterans from my district and across courage she had, which led to the Civil is all about the people. the country are frustrated with the Rights Act, the Voting Rights Act. And In New York today, Bono will be ob- lack of service they are receiving. They that Voting Rights Act and Civil serving the 10th anniversary of the are angry because they can’t get an ap- Rights Act led to our having a much ONE and (RED) initiatives that have pointment or a phone call returned. more diverse Congress of the United set out to alleviate poverty and eradi- And they are outraged, as I am, that States. cate disease, with a heavy focus on the Obama administration is doing From there came our Congressional HIV/AIDS. We know the work of the nothing to solve the multitude of prob- Black Caucus, the Hispanic Caucus, Melinda and Bill Gates Foundation and lems that have been revealed. and the Asian Pacific Caucus. The what they have done on this issue, par- My heart is always touched when Black Caucus directly related to Mr. ticularly in India. veterans and their families describe CONYERS, who was a founding member, I, today, also wish I could be in San their efforts to get service through the and Rosa Parks, who was an inspira- Francisco, where amfAR will be salut- VA and how the VA wouldn’t help them tion. They were responsible for so ing the work at University of Cali- until my office intervened. These sto- much change in the leadership of our fornia-San Francisco on HIV/AIDS by ries affect me more than words can Congress. And because so many issues establishing a new initiative there. say. spring from the Congressional Black I am just mentioning a few other ob- I am always happy to know that my Caucus, some say ‘‘the conscience of servances of World AIDS Day. It is hap- office has helped, and my staff is en- the Congress.’’ pening throughout the world. couraged when we get a problem So the relationship from Rosa Parks, If you go back a number of years, solved. However, these veterans through the caucus, to now we are ob- when I came to Congress, we were shouldn’t have to contact their con- serving the 25th anniversary of World going to two funerals a day. It was the gressional office to access the benefits AIDS Day, the link is Congresswoman saddest thing. Now we are going to they have earned. BARBARA LEE, who has been such a weddings and helping people make out To say I am fed up with this adminis- champion in the Congress on this sub- their wills and all the rest because tration’s treatment of veterans is an ject. We take great pride in the accom- they have a longer life ahead. understatement. How they can turn plishments she has had in her capacity The maintenance of life, the quality their backs on the veterans the way as a Member of Congress but also as of life is really important, but we do they do is unconscionable to me. our representative to the United Na- want a cure. It is past time to put an end to the tions General Assembly. So I said it was the 25th anniversary agency-wide pattern of mismanage- Each year, World AIDS Day is ob- of World AIDS Day; I meant to say the ment at the Department of Veterans served internationally to reflect the 25th anniversary of the Ryan White Affairs. The bureaucratic incom- progress that has been made in re- CARE Act. That young man, whose

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.006 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8654 CONGRESSIONAL RECORD — HOUSE December 1, 2015 name is something that is iconic to all Under current law, every email, they are online? Well, they shouldn’t of us, left us, but his mother carries on every text, every Google doc and be. That is why I have teamed up with the tradition, and it has made such a Facebook message, every photograph Representative ZOE LOFGREN on the tremendous difference. of our vacation is subject to govern- other side and lots of other Members of My colleague Henry Waxman, who is ment inspection without a warrant, Congress in both parties to introduce no longer in the Congress but is still a without probable cause, and without legislation to update the outdated champion on HIV/AIDS, was so instru- our knowledge if it is older than 6 ECPA law. mental in leading us to passing that months. There are several bills pending. In legislation. This is an invasion of privacy. Con- fact, these bills have over 300 sponsors So it has been bipartisan. It is global. stitutional protection for 6 months right now, bipartisan, to restore It is personal. It is urgent that we con- only? That is nonsense, Mr. Speaker. ECPA’s original purpose to protect the tinue so that, one day, 50 years from What is worse, some government privacy of American citizens. now, people will say, ‘‘What was AIDS? agencies don’t want the law changed. This legislation would protect the sa- What was that?’’, and the books will The Securities and Exchange Commis- cred right of privacy from ever-increas- show that it was a terrible, terrible sion is lobbying to keep the same law ing spying government trolls on Ameri- tragedy that befell the world’s popu- on the books so they can snoop around cans. Our mission is simple: extend lation regardless of status, of wealth, in emails after 6 months without a constitutional protections to commu- of gender or of race, and something warrant. The SEC is not even a law en- nications and records that Americans that is now buried in the news some- forcement agency, but yet they want store online for any amount of time. where as a terrible memory but not a to keep the ability to look at emails. Mr. Speaker, technology may change, part of our future. I suspect they want to be able to read but the Constitution remains the same. Again, as we observe World AIDS personal financial records and commu- Thomas Jefferson said in the Declara- Day, may we all wear our red ribbons nications without a warrant. Spying on tion of Independence, government is in sympathy with those who have lost citizens by government sounds like created to ensure our rights, not vio- their lives, sadly, before the science conduct reminiscent of the old Soviet late those rights. took us to a better place on this. Union. It is about time we make government The SEC is not the only government That is what we are counting on, re- protect the right of privacy rather agency that has access to emails over 6 search and science to take us to a bet- than violate the right of privacy. We months old. Any government agency ter place on this, and also the enthu- need to pass this ECPA law and get pri- can go in, confiscate emails that are siasm, determination, and relentless- vacy back in America. older than 6 months without a warrant, ness of so many people throughout the And that is just the way it is. without probable cause, and without world to make HIV/AIDS a horrible, f horrible memory, again, but not part of knowledge of the person that they are our future. snooping on. To me, this is a clear vio- RECESS lation of the spirit of the United States f The SPEAKER pro tempore. Pursu- Constitution. ant to clause 12(a) of rule I, the Chair 1045 Mr. Speaker, if we go back to the b declares the House in recess until noon days of snail mail and you write a let- THE RIGHT OF PRIVACY MUST EX- today. ter and you put it in an envelope and TEND TO ELECTRONIC COMMU- Accordingly (at 10 o’clock and 51 you put it in a mailbox and it floats NICATIONS minutes a.m.), the House stood in re- around the country from place to place cess. The SPEAKER pro tempore. The and finally ends up in somebody else’s chair recognizes the gentleman from mailbox, government cannot go and f Texas (Mr. POE) for 5 minutes. grab that letter and search it without a b 1200 Mr. POE of Texas. Mr. Speaker, like warrant under most circumstances, no AFTER RECESS most Americans, I store a lot on my matter where it goes in the U.S., be- computer and on my phone: family cause it is protected. It is the privacy The recess having expired, the House photographs, personal calendars, of the person who wrote the letter and was called to order by the Speaker pro emails, schedules, and even weekend the person who is receiving the letter. tempore (Mr. STEWART) at noon. to-do lists or, as my wife calls them, Why should government have the f honey-do lists. ability to snoop around in our personal PRAYER But this information stored on a emails? They don’t have that right, phone, like the one I have here in my even though they have the ability to do The Chaplain, the Reverend Patrick hand, is not private from the prying, so. J. Conroy, offered the following prayer: spying eyes of government—our gov- Mr. Speaker, the Fourth Amendment Loving God, we give You thanks for ernment. Most Americans have no idea makes us, the U.S., different than any giving us another day. that Big Brother can snoop on tweets, nation on Earth to protect the privacy As we face a new day, help us to dis- Gchats, texts, Instagrams, and even of American citizens. Government cover the power of resting in You. Send emails. agencies can’t raid homes or tap into Your Spirit down upon the Members of Anything that is stored in the cloud phones or read mail without showing a the people’s House. for over 6 months is available to be judge they have probable cause that a Grant them wisdom, insight and vi- spied on by government as long as it is crime was committed. They must ob- sion that the work they do will be for older than 180 days. Now, why is that? tain a search warrant. the betterment of our Nation during a Well, it goes all the way back to the Mr. Speaker, I was a judge in Texas time of struggle for so many Ameri- outdated Electronic Communications for 22 years, a criminal court judge, cans. Privacy Act of 1986. That act protects and saw 20,000 cases or more. Police of- In extraordinary times, people from privacy of emails that are less than 6 ficers would come to me at all times, around the world are coming together months old. day or night, with a search warrant. If and recognizing shared threats to peace In 1986, those were the days before it stated probable cause, I would sign and prosperity among all people of the World Wide Web even existed. the warrant, and then they would be goodwill. May the men and women of Many of us have staff that weren’t even instructed to go search whatever it was this House emerge as leading states- born before 1986. We stored letters in that they had probable cause to search. men and women to address issues that folders, filing cabinets, and desk draw- That is what the Constitution re- transcend the here and now of political ers. No one knew what the cloud was quires before you can snoop around and tides. because the cloud did not exist. There spy on Americans. If you want to Help them to identify policies that was not any broadband, no social search, get a warrant. That is the rule will redound to the benefit of our chil- media, no tablets, or no smartphones. under our law. dren and grandchildren. So, in 1986, lawmakers tried to protect Why should our possessions and com- May all that is done this day be for emails but only did so for 180 days. munications be less private because Your greater honor and glory.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.008 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8655 Amen. THE POLICE TRAINING AND heartily want to thank Principal Hope f INDEPENDENT REVIEW ACT for being an inspiration to students (Mr. COHEN asked and was given per- and teachers alike. His dedication to THE JOURNAL mission to address the House for 1 providing a quality education to each The SPEAKER pro tempore. The minute.) Hoosier that crosses his path is such an Chair has examined the Journal of the Mr. COHEN. Mr. Speaker, in the inspiration to all of us in Indiana. last day’s proceedings and announces wake of the shocking video from Chi- Mr. Speaker, please join me in con- to the House his approval thereof. cago showing the brutal shooting of gratulating Penn High School Prin- Pursuant to clause 1, rule I, the Jour- Laquan McDonald by a Chicago police cipal Steve Hope on receiving this pres- nal stands approved. officer, I rise today to encourage my tigious award. f colleagues to pass H.R. 2302, the Police f Training and Independent Review Act. PLEDGE OF ALLEGIANCE CONGRATULATIONS TO SOUTH Congressman LACY CLAY and I intro- PARK HIGH SCHOOL The SPEAKER pro tempore. Will the duced this bill earlier this year to stop (Mr. HIGGINS asked and was given gentleman from Illinois (Mr. DOLD) local prosecutors from being tasked permission to address the House for 1 come forward and lead the House in the with investigating and prosecuting the minute.) Pledge of Allegiance. same local police with whom they work Mr. HIGGINS. Mr. Speaker, last Fri- Mr. DOLD led the Pledge of Alle- so closely. day my alma mater, South Park High giance as follows: This is an inherent conflict of inter- School, made history as their football est. What happened in Chicago is just I pledge allegiance to the Flag of the team, the Sparks, brought home the United States of America, and to the Repub- the latest evidence that it needs to New York State Public High School lic for which it stands, one nation under God, end. Athletic Association Championship to indivisible, with liberty and justice for all. If enacted, the Police Training and Buffalo. f Independent Review Act would condi- The Sparks played in front of a crowd tion the receipt of full Byrne-JAG ANNOUNCEMENT BY THE SPEAKER of 3,000 at the Carrier Dome in Syra- funding on States adopting laws to re- PRO TEMPORE cuse. The team capped off a record- quire independent investigation and, if breaking 12–1 season by defeating Our The SPEAKER pro tempore. The necessary, prosecution of law enforce- Lady of Lourdes by a score of 49–46. Chair will entertain up to 15 requests ment officers in cases involving the use The team’s win was a storybook end- for 1-minute speeches from each side of of deadly force. ing to a historic season. Most members the aisle. If we are serious about restoring a of the team have been playing together sense of fairness and justice, we need to f since Little League, and this close-knit pass this bill and remove this conflict. group became the first ever Buffalo POSITIVE IMPROVEMENTS TO Law enforcement, police, and sheriffs City School to win a State champion- MENTAL HEALTH have a tough job, a dangerous job, and ship. (Mr. WILSON of South Carolina they bring cases to DAs and serve as I stand today as a proud South Park asked and was given permission to ad- witnesses. This hand-in-glove relation- graduate to congratulate the team, dress the House for 1 minute and to re- ship shouldn’t be upset, but it also coaches, parents, and Principal Terri vise and extend his remarks.) shouldn’t upset justice. Schuta, my friend and classmate, for Mr. WILSON of South Carolina. Mr. We have seen charges brought claiming the State title for Buffalo and Speaker, millions of Americans across against officers in certain cities, but South Park High School. more would be brought if there were the country know the benefits of evi- f dence-driven mental health care; yet, independent prosecutions. our national mental health system has f PRESIDENT OBAMA’S TIMID been harmed after years of bad policy. RESPONSE TO ISIS Yesterday The Wall Street Journal CONGRATULATING PRINCIPAL (Mrs. BLACKBURN asked and was stated, ‘‘As it happens, this month a STEVE HOPE, 2015 INDIANA HIGH given permission to address the House House subcommittee passed one of the SCHOOL PRINCIPAL OF THE for 1 minute and to revise and extend more consequential bills of this Repub- YEAR her remarks.) lican majority—the Helping Families (Mrs. WALORSKI asked and was Mrs. BLACKBURN. Mr. Speaker, it is in Mental Health Crisis Act. Recent given permission to address the House so disappointing that President Obama mass killers have nearly all had some for 1 minute and to revise and extend believes a climate change summit is kind of mental illness; yet, few receive her remarks.) somehow a rebuke of international ter- proper treatment. Representative TIM Mrs. WALORSKI. Mr. Speaker, I rise rorism. Think about that. MURPHY spent more than a year inves- today to recognize Principal Steve The President’s timid response about tigating dysfunction and writing an Hope of Penn High School in how to take on ISIS and how to define overhaul.’’ Mishawaka for earning the 2015 Indiana our enemy has emboldened our enemy, I am grateful to be a cosponsor of the High School Principal of the Year radical Islamists extremists. Helping Families in Mental Health Cri- Award by the Indiana Association of But he has not been timid in his re- sis Act developed by a dedicated profes- School Principals. sponse on global warming. At a meet- sional, TIM MURPHY. This legislation For nearly 20 years Principal Hope ing of world leaders right now in Paris, helps States to modernize involuntary has been more than just a teacher. He President Obama is choosing to pursue commitment laws and encourages as- has been a mentor, support system, and his climate change agenda instead of sisted outpatient treatment for pa- friend to countless people. addressing how we are going to destroy tients to remain active in their com- His passion for education has been in- ISIS. munities. strumental in preparing young Hoo- In fact, our President seems to be- This legislation determines funding siers for so much success later in life. lieve that global warming is a greater based on evidence-based care, putting Since he became the principal in 2008, threat than international terrorism. It critical resources into programs we Indiana’s Department of Education has is clear, in the wake of the horrific at- know work, not into vague or untested named Penn an A-rated school and a 4– tacks in Paris, that his priorities are theories. As the former president of the Star Award winner. gravely misplaced. Mid-Carolina Mental Health Associa- He has taught students more than When discussing ISIS, the President tion myself, I appreciate this reform. just curriculum. He has taught stu- reminded the Nation that ‘‘we’ve faced In conclusion, God bless our troops. dents life lessons they will remember greater threats to our way of life be- May the President by his actions never forever. fore.’’ True. But that doesn’t change forget September the 11th in the global On behalf of the people of the Second the fact that radical Islamic extre- war on terrorism. Congressional District of Indiana, I mism is the threat we face now.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.010 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8656 CONGRESSIONAL RECORD — HOUSE December 1, 2015 HONORING THE LIFE OF ROSA b 1215 bill to stop the government from stand- PARKS WORLD AIDS DAY ing in the way of this lifesaving relief. (Ms. HAHN asked and was given per- In honor of Epilepsy Awareness (Ms. LEE asked and was given per- Month, I call on my colleagues to join mission to address the House for 1 mission to address the House for 1 minute.) me so we can pass the Charlotte’s Web minute.) Medical Hemp Act of 2015 and ensure Ms. HAHN. Mr. Speaker, 60 years ago Ms. LEE. Mr. Speaker, I rise today to that no family has to endure the loss of today Rosa Parks was arrested for re- commemorate World AIDS Day. The a child as they wait for approval of this fusing to give up her bus seat to a theme this year is: The Time to Act is natural, lifesaving option. White man. Her simple act of defiance Now. and her quiet dignity in the face of First, I would like to thank Leader f daily injustice grabbed the attention of PELOSI for her steadfast commitment 9/11 HEALTH AND COMPENSATION activists and launched the civil rights to fighting HIV and AIDS and for guar- ACT movement. anteeing strong United States leader- In 2013, we unveiled a statue of Rosa ship in this area. (Mrs. CAROLYN B. MALONEY of Parks that stands just outside these As the cofounder and cochair along New York asked and was given permis- doors in the U.S. Capitol Statuary with my good friend from Florida, Con- sion to address the House for 1 minute.) Hall. This year I took my 11-year-old gresswoman ILEANA ROS-LEHTINEN of Mrs. CAROLYN B. MALONEY of New granddaughter to Rosa Parks Museum the bipartisan Congressional HIV/AIDS York. Mr. Speaker, let’s not play poli- in Montgomery, Alabama, so that the Caucus, we have seen the significant tics with the health and compensation next generation of young Americans progress that we have made in the bill for the 9/11 heroes and heroines. can understand the role that she global fight against HIV. There are over 70,000 9/11 first respond- played in shaping the history of our From PEPFAR and the Global Fund ers and survivors, the veterans of our country. to Fight AIDS, TB, and Malaria, which war on terror. They come from every I actually got the great honor of we were very proud to cosponsor, to the single State in the Union, and they are meeting Rosa Parks at an event once Ryan White CARE Act and the Minor- waiting to see if Congress will act for that my father held at the Martin Lu- ity AIDS Initiative, the U.S. has been a their health care. ther King, Jr. Community Hospital in global leader in committing the crit- There is broad bipartisan, bicameral Watts. What thrill it was to hold her ical resources needed to end this dis- support for a permanent reauthoriza- hand as the audience sang ‘‘We Shall ease. tion. There are 259 House cosponsors, Overcome.’’ Thanks to the leadership of people including 67 Republicans. Both Chair- It has been 60 years, but, unfortu- like Congresswoman MAXINE WATERS, man GOODLATTE and Chairman UPTON, nately, we know that the discrimina- former Congresswoman Donna along with Ranking Member CONYERS tion Rosa Parks faced still faces mi- Christensen, and the Congressional and Ranking Member PALLONE, support norities communities in this country Black Caucus, we are turning the tide this bill and want to pass it. today. in providing lifesaving prevention and There are just 7 legislative days left. On this anniversary, I hope we can treatment services to disproportion- This is something we all agree on, look to her example for inspiration in ately affected communities here at something that is clearly the right the ongoing struggle for justice for home. This has been a bipartisan effort thing to do. every American. which we must continue because we I urge my colleagues, Mr. Speaker, to still have a lot of work to do. get this done this year. Let’s keep our f Mr. Speaker, in the United States, promise to the 9/11 heroes and heroines, southern States are now the epicenter to the first responders, to the victims, HONORING MIAMI DADE COLLEGE of the HIV/AIDS epidemic. Stigma, dis- and to the survivors. Let’s pass this WOLFSON CAMPUS PRESIDENT crimination, and lack of education bill this year. DR. JOSE A. VICENTE about the disease continue to be sig- nificant barriers to care and preven- f (Ms. ROS-LEHTINEN asked and was tion. The time to act is now. given permission to address the House THE PROMISE ACT for 1 minute and to revise and extend f (Mr. BILIRAKIS asked and was given her remarks.) EPILEPSY AWARENESS MONTH permission to address the House for 1 Ms. ROS-LEHTINEN. Mr. Speaker, I (Mr. DOLD asked and was given per- minute and to revise and extend his re- rise today to honor Dr. Jose A. mission to address the House for 1 marks.) Vicente, who is retiring from his post minute and to revise and extend his re- Mr. BILIRAKIS. Mr. Speaker, I rise as president of Wolfson Campus of marks.) on behalf of our true American heroes, Miami Dade College, where each year Mr. DOLD. Mr. Speaker, I rise to our veterans, to highlight important 27,000 students receive a high-quality highlight November as Epilepsy Aware- legislation that will help those who education in the heart of downtown ness Month. Tragically, across the need it most. Last month I introduced Miami. country today thousands of families the PROMISE Act to continue my ef- Dr. Vicente’s retirement marks the dealing with epilepsy and other debili- forts to promote safety, patient advo- end of an amazing 42-year career at my tating seizure disorders have been cacy, and better access to quality care alma mater, Miami Dade College. Dr. forced to uproot their families as they for our veterans. Vicente’s commitment to education is travel to States where CBD oil is al- The PROMISE Act will increase safe- evident not only from his varied teach- ready legalized. ty for opioid therapy and pain manage- ing and administrative roles at Miami Especially in children, CBD oil helps ment, encourage more transparency at Dade College, but also through his ac- reduce the amount and the duration of the VA, encourage more outreach and tive involvement as a board member in seizures. But over and over again the awareness of the Patient Advocacy national education groups, including government has stood in the way of ac- Program for veterans, and help provide the American Association of Commu- cess to lifesaving care for these chil- alternative forms of care to address nity Colleges and the Hispanic Associa- dren. veterans’ health needs. tion of Colleges and Universities, Children across the country, like Our veterans sacrificed so much for known as HACU. Sophie Weiss, deserve better. Sophie is our country. It is up to us to provide Congratulations to Dr. Jose Vicente an inspiring young girl from the Tenth them with the care they have earned on his well-deserved retirement. I Congressional District in Illinois. She and deserve. We must encourage safe, thank him for his wonderful legacy of suffers from a severe form of epilepsy quality care for those who have fought enhanced educational opportunities and, without CBD oil, suffers upwards for our freedoms. that will continue to benefit our South of 200 seizures each and every day. Mr. Speaker, I urge my colleagues to Florida community for years to come. Mr. Speaker, for Sophie and children support this bill and help fulfill our Godspeed, Jose. suffering like her, I helped introduce a promise to our veterans.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.012 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8657 BOKO HARAM Ms. CLARKE of New York. Mr. WEAR RED WEDNESDAY (Ms. ADAMS asked and was given Speaker, I rise in commemoration of (Ms. WILSON of Florida asked and permission to address the House for 1 World AIDS Day and to honor those was given permission to address the minute.) who labor to end its spread. House for 1 minute.) Ms. ADAMS. Mr. Speaker, I rise Today is the day to raise our aware- Ms. WILSON of Florida. Mr. Speaker, today to shed light on the hundreds of ness of HIV/AIDS and our unwavering tomorrow is Wear Red Wednesday to Chibok schoolgirls who were abducted fight against it. New infections world- Bring Back Our Girls. by Boko Haram nearly 600 days ago. wide are down 35 percent since 2000, Boko Haram has been declared the Some girls have been recovered, but and AIDS-related deaths have been re- world’s deadliest terrorist organiza- many more are still missing. duced by 42 percent since 2004. tion. Boko Haram has actually mur- Boko Haram is now the most dan- Though HIV and AIDS are now con- dered more people than ISIS. This gerous terrorist organization in the sidered chronic illnesses, like with any means that Boko Haram’s attacks are world, killing more than 6,000 people in chronic illness, first you must know more lethal and more devastating than 2014 alone. that you have it in order to treat it. anything we have seen in the history of While our Nation and the world are We know that 35 million people are modern terrorism. reeling from the death and destruction living with HIV/AIDS globally, and Mr. Speaker, Boko Haram’s January ISIS has caused in recent weeks, we that is unacceptable. My own district, attack on Baga was the second dead- must not forget the terror that Boko the Ninth District of Brooklyn, New liest terrorist attack in modern history Haram brings every single day. York, has been particularly hard hit after 9/11. An organization capable of Mr. Speaker, I applaud our govern- over the past three decades by HIV/ this level of death and destruction ment’s efforts in helping provide Nige- AIDS. must be eradicated. ria with the support they need to fight Nearly 29,000 Brooklyn residents were I urge Congress to pass my bill, H.R. these militants. But there is more to living with HIV/AIDS since June of 3833, which would require the U.S. Gov- be done. We cannot turn a blind eye to 2014. Over 30 percent of new HIV diag- ernment to develop a regional strategy the destruction and bloodshed they noses in the first half of 2014 were made to assist Nigeria in defeating Boko have caused. We must continue to dedi- concurrent with AIDS diagnoses and Haram. Please continue to tweet, cate resources and support to wipe out years after infection. Surveys suggest tweet, tweet #bringbackourgirls and the world’s deadliest terror organiza- that 40 percent of Brooklyn adults have remember to wear something red to- tions. yet to receive an HIV screening. morrow, Wednesday, a tie, a pin, a There also needs to be a continuous Mr. Speaker, in the first half of 2014, flower. Just wear something red and effort to save so many lives from fall- Brooklyn had the highest percentages tweet, tweet, tweet ing into Boko Haram’s hands. of HIV/AIDS, so now is the time for us #bringbackourgirls, #joinrepwilson. I thank Representative WILSON of to act. Let us end HIV/AIDS. Help stop Tweet, tweet, tweet. Florida for leading the charge on this the spread today. f issue here in Congress. I am proud to IMPORTANT ISSUES OF THE DAY stand with you in the fight to Bring f (Ms. JACKSON LEE asked and was Back Our Girls and stop Boko Haram. given permission to address the House f CADILLAC TAX LETTER for 1 minute.) PROPER PROCESS FOR THE 9/11 (Mr. GUINTA asked and was given Ms. JACKSON LEE. Mr. Speaker, HEALTH AND COMPENSATION ACT permission to address the House for 1 first of all, let me say that I join my minute and to revise and extend his re- colleagues in asking for the James (Mr. BURGESS asked and was given Zadroga bill to be passed in honor and permission to address the House for 1 marks.) Mr. GUINTA. Mr. Speaker, I rise to tribute to our first responders after the minute and to revise and extend his re- tragedy and heinous terrorist act of 9/ marks.) request the President’s timely response to a bipartisan, bicameral letter from 11. Mr. BURGESS. Mr. Speaker, today I And then, of course, today is World congressional Members willing to work want to address the importance of AIDS Day. I want to congratulate my with him to repeal the Affordable Care passing the reauthorization of the constituents. I join the city of Hous- Act’s tax on middle class families’ James Zadroga 9/11 Health and Com- ton, Harris County, in honoring the healthcare benefits. pensation Act, H.R. 1786, and this needs President’s 2020 initiative, which is to to be done as a standalone bill. The re- This month I joined House and Sen- encourage all of us to surge back into authorization of this bill is far too im- ate Members, both Democrat and Re- education and prevention of HIV/AIDS. portant to be rolled into a package at publican, to express our constituents’ So many of us have lost too many. the end of the year. extreme concern about the 40 percent Today in my district as well, the Our country was attacked 14 years tax on employer-sponsored benefits Thomas Street Clinic and a number of ago, and these Americans responded coming in 2018. Public and private em- other organizations will be acknowl- without hesitation. First responders ployers and employees tell me that the edging those who still live with AIDS. are undoubtedly heroes in the eyes of tax will cost jobs and incomes across It is certainly our responsibility to America. They at least deserve to have New Hampshire as they cope with high- fight to ensure the stopping of HIV/ their bill heard individually. er taxes and premiums. AIDS in this Nation. Five years ago, in the last days of the Companies and municipalities are I also rise to speak of the intelligence 111th Congress, this bill was passed. It planning for the worst. Families will bill that will be on the floor today. was the last bill that Congress passed face lower wages and higher prices as What I would like to note is that I am that year in the lame-duck 2010 year. organizations shift costs to pay for new glad that some of the issues have been It is important that this bill be taxes. Our coalition asks the President resolved. brought up. It is important that each to meet with us as soon as possible so Particularly, I am concerned and of us put our cards in. Vote your con- we can find a solution to this so-called glad that it will provide critical re- science. Vote ‘‘yes’’ or ‘‘no.’’ But we Cadillac tax by the end of this year. sources for the fight against ISIL, em- deserve a chance to vote on this bill as I would like to thank Senators HELL- phasize collection to monitor and en- a standalone bill. ER, BROWN, and HEINRICH, as well as sure compliance with the Iranian nu- f Representative JOE COURTNEY, for their clear agreement, which some have been help. very concerned about, that intelligence WORLD AIDS DAY Mr. President, please respond to our is very important, and as well it pro- (Ms. CLARKE of New York asked and request to work together. If we act motes foreign partner capabilities such was given permission to address the now, we can avoid more unintended as helping our allies in France. House for 1 minute and to revise and consequences of the Affordable Care Mr. Speaker, as I close, let me say extend her remarks.) Act. my concern, however, still remains on

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.013 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8658 CONGRESSIONAL RECORD — HOUSE December 1, 2015 the authority limited of the Privacy tionary Sources: Electric Utility Generating S.J. Res. 23, disapproving of the Envi- and Civil Liberties Oversight Board. It Units’’. ronmental Protection Agency’s new is a bill that we all should consider. The SPEAKER pro tempore. The gen- greenhouse gas rules on new stationary tleman from Texas is recognized for 1 f sources—loosely translated, that hour. means the Nation’s power plants, keep- PROVIDING FOR CONSIDERATION ing the lights on in your home, the OF H.R. 8, NORTH AMERICAN EN- b 1230 heat on in the winter, and the air-con- ERGY SECURITY AND INFRA- Mr. BURGESS. Mr. Speaker, for the ditioning on in the summer—and S.J. STRUCTURE ACT OF 2015; PRO- purpose of debate only, I yield the cus- Res. 24, disapproving of the EPA’s new VIDING FOR CONSIDERATION OF tomary 30 minutes to the gentleman greenhouse gas rules on existing sta- S.J. RES. 23, PROVIDING FOR from Massachusetts (Mr. MCGOVERN), tionary sources, both of these joint res- CONGRESSIONAL DISAPPROVAL pending which I yield myself such time olutions passed in the Senate in Octo- OF A RULE SUBMITTED BY THE as I may consume. During consider- ber by a majority vote of 52–46. The ENVIRONMENTAL PROTECTION ation of this resolution, all time yield- Congressional Review Act, the law AGENCY; AND PROVIDING FOR ed is for the purpose of debate only. which allows for the process of dis- CONSIDERATION OF S.J. RES. 24, GENERAL LEAVE approval by Congress when an adminis- PROVIDING FOR CONGRESSIONAL Mr. BURGESS. Mr. Speaker, I ask tration goes too far with one of its DISAPPROVAL OF A RULE SUB- unanimous consent that all Members rules, allows us an up-or-down vote on MITTED BY THE ENVIRON- may have 5 legislative days to revise the resolution, which cannot be filibus- MENTAL PROTECTION AGENCY and extend their remarks. tered, thus allowing the measure to be Mr. BURGESS. Mr. Speaker, by di- The SPEAKER pro tempore. Is there considered in the Senate. It is now rection of the Committee on Rules, I objection to the request of the gen- time for the House to be heard on this call up House Resolution 539 and ask tleman from Texas? measure as well. for its immediate consideration. There was no objection. Mr. Speaker, the Environmental Pro- The Clerk read the resolution, as fol- Mr. BURGESS. Mr. Speaker, H. Res. tection Agency’s overreaching green- lows: 539 provides for a rule to consider three house gas rules have had an extensive H. RES. 539 important bills that will help millions number of hearings in the Energy and Resolved, That at any time after adoption of Americans and their families who Commerce Committee over the last few of this resolution the Speaker may, pursuant are having to pay or will soon be pay- years. The committee reviewed all as- to clause 2(b) of rule XVIII, declare the ing higher energy costs due to the ad- pects of the proposed rules, including House resolved into the Committee of the ministration’s misguided and ill-con- the impacts on reliability and the im- Whole House on the state of the Union for ceived energy policies. The rule pro- pacts on consumer costs, including consideration of the bill (H.R. 8) to mod- vides for 1 hour of debate, equally di- ernize energy infrastructure, build a 21st bringing the Federal Energy Regu- vided between the majority and the mi- latory Commission to discuss possible century energy and manufacturing work- nority of the Energy and Commerce force, bolster America’s energy security and impacts on reliability around the coun- diplomacy, and promote energy efficiency Committee, on each of the pieces of try due to these rules. and government accountability, and for legislation before us, including S.J. Already, in many States across the other purposes. The first reading of the bill Res. 23, a resolution of disapproval of a Nation, coal-fired power plants are shall be dispensed with. All points of order rule promulgated by the Environ- closing because they see that the against consideration of the bill are waived. mental Protection Agency on green- Obama administration’s EPA has made General debate shall be confined to the bill house gases from new stationary it clear that it will go after them re- and shall not exceed one hour equally di- sources; S.J. Res. 24, a resolution of lentlessly until they are shuttered. vided and controlled by the chair and rank- disapproval of a rule promulgated by ing minority member of the Committee on This means fewer cost-effective options Energy and Commerce. After general debate, the Environmental Protection Agency for consumers and also the potential the Committee of the Whole shall rise with- on greenhouse gases from existing sta- for brownouts and blackouts during out motion. No further consideration of the tionary sources; and H.R. 8, the North high-consumption times, like during bill shall be in order except pursuant to a American Energy Security and Infra- the peak of the summer in Texas, subsequent order of the House. structure Act of 2015, which will move where rolling brownouts are already SEC. 2. Upon adoption of this resolution it this country in a direction of greater shall be in order to consider in the House not uncommon. The Environmental energy independence. Protection Agency’s new rules will any joint resolution specified in section 3 of The rule before us today provides for this resolution. All points of order against only exacerbate this issue. consideration of each such joint resolution a closed rule on both resolutions of dis- Whether Members of this body sup- are waived. Each such joint resolution shall approval, as is standard for such meas- port these rules or oppose them, the be considered as read. All points of order ures, allowing for 1 hour of debate measures before us today will provide against provisions in each such joint resolu- equally divided between the majority each Member the opportunity to be of- tion are waived. The previous question shall and minority of the Committee on En- ficially registered on where they stand be considered as ordered on each such joint ergy and Commerce, while allowing the on these EPA rules, and that is what resolution and on any amendment thereto to minority a motion to commit on each we are all here to do. final passage without intervening motion ex- of the resolutions. cept: (1) one hour of debate equally divided H.R. 8, in contrast to the EPA’s regu- and controlled by the chair and ranking mi- Further, the rule provides for 1 hour lations, moves the country to a place nority member of the Committee on Energy of debate on H.R. 8, also equally di- of greater energy security and abun- and Commerce; and (2) one motion to com- vided between the chair and ranking dance. Over the past several years, the mit. member of the Committee on Energy Energy and Commerce Committee has SEC. 3. The joint resolutions referred to in and Commerce. A subsequent order worked towards modernizing the Na- section 2 of this resolution are as follows: from the Committee on Rules will like- tion’s energy laws, making the govern- (a) The joint resolution (S.J. Res. 23) pro- ly address any amendments to be made viding for congressional disapproval under ment more accountable, more account- chapter 8 of title 5, United States Code, of a in order later in the week. able to the people it is meant to rep- rule submitted by the Environmental Pro- The House, in taking up these meas- resent as it makes decisions which af- tection Agency relating to ‘‘Standards of ures, is doing so to reflect the will of fect literally every citizen in this coun- Performance for Greenhouse Gas Emissions the people so many of us represent who try and their pocketbooks. from New, Modified, and Reconstructed Sta- are opposed to the administration’s ac- The free market has long been the tionary Sources: Electric Utility Generating tions and wish to stop this out-of-con- guiding force in moving this country Units’’. trol Environmental Protection Agency ahead in the energy sector. Texas was (b) The joint resolution (S.J. Res. 24) pro- from doing further damage to the econ- one of the first major beneficiaries, viding for congressional disapproval under chapter 8 of title 5, United States Code, of a omy. Further, H.R. 8 reflects a broad with the oil boom in the last two cen- rule submitted by the Environmental Pro- consensus of energy stakeholders who turies. Now, as new technologies and tection Agency relating to ‘‘Carbon Pollu- are ready and willing to move the innovations emerge, Congress must tion Emission Guidelines for Existing Sta- country’s energy future into high gear. stand on the side of the free market

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.015 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8659 again, stopping the executive branch allow pipelines to be built and run markets operated by Regional Transmission from picking winners and losers in the right through our magnificent national Organizations (RTO5) and Independent Sys- energy market and allowing con- parks. tem Operators (ISOs). The Federal Energy sumers—allowing consumers—to make On December 11, our government will Regulatory Commission (FERC) and RTOs run out of money. During the 114th and ISOs are already well positioned, espe- those decisions for themselves. cially as technologies change over time, to When consumers choose what energy Congress, we have stood in this Cham- ensure that capacity market structures ade- sources and what technologies work ber debating Republican messaging quately provide for the procurement of suffi- best for them, the economy grows fast- bills to repeal the Affordable Care Act, cient capacity to efficiently and reliably ful- er and grows more efficiently than ever undermine the Dodd-Frank financial fill the resource-adequacy function that the government could possibly drive it. reform law, and weaken public health these markets are intended to perform. That is what the Architecture of Abun- and environmental regulations while H.R. 8 includes new, unnecessary provi- dance is all about. failing to consider meaningful legisla- sions that would broaden FERC’s authority to impose deadlines on other Federal agen- This country has the resources to be tion that would create jobs, boost the cies reviewing the environmental implica- energy independent. It has the ability economy, and help vulnerable Ameri- tions of natural gas pipeline applications. to end our reliability on oil and gas cans rise out of poverty. Instead of fo- H.R. 8 also would unnecessarily curtail from the Middle East, a region that is cusing on these priorities, this major- DOE’s ability to fully consider whether nat- perpetually in turmoil. But the Obama ity will bring to the floor three bills in- ural gas export projects are consistent with administration has stymied much of tended to prevent the EPA from effec- the public interest. the progress that was made in the first tively doing its job. Further, H.R. 8 would undermine the cur- decade of this century, slowing or stop- Now, if anyone is feeling de´ja` vu, rent hydropower licensing regulatory process in place under the Federal Power Act that ping leases on public lands for new ex- that is probably because what I just works to minimize negative impacts associ- ploration of our own resources and put- said is from a floor speech I gave on a ated with the siting of hydropower projects, ting up red tape and numerous barriers rule for three antiscience bills that the including negative impacts on safety, fish to allowing Americans to tap into what Republicans brought before us last No- and wildlife, water quality and conservation, is rightfully theirs. This is a bill that vember. The only difference is I and a range of additional natural resources is long overdue, and I certainly thank changed 113th to 114th Congress. And and cultural values. Among the ways that Chairman UPTON for his work on the while I hate to repeat myself, unfortu- H.R. 8 would undermine this process would bill, H.R. 8. nately, the majority is in a rut of be by creating a new exemption from licens- ing that would undercut bedrock environ- I encourage all of my colleagues to bringing before us the same old same mental statutes, including the Clean Water vote ‘‘yes’’ on the rule and ‘‘yes’’ on old: unproductive legislation that is Act, the National Environmental Policy Act, the three underlying bills. They are an going nowhere. and the Endangered Species Act. important first step in setting this We have 6 legislative days left to en- Finally, H.R. 8 presents certain constitu- country on the path to a modern, sta- sure that the government doesn’t run tional concerns. Sections 1104 and 3004 would ble, and abundant energy future. out of money, just 6 days; but instead impermissibly interfere with the President’s I reserve the balance of my time. of focusing on that, instead of working authorities with regard to the conduct of di- plomacy and in some cases diplomatic com- Mr. MCGOVERN. Mr. Speaker, I yield to ensure the government is funded, we munications, and sections 1109 and 1201 raise myself such time as I may consume. are on the floor debating more Repub- concerns under the Recommendations (Mr. MCGOVERN asked and was lican messaging bills that I think were Clause. given permission to revise and extend written in the National Republican If the President were presented with H.R. his remarks.) Congressional Committee because they 8, his senior advisors would recommend that Mr. MCGOVERN. Mr. Speaker, I want are poorly drafted. These bills have he veto the bill. to thank the gentleman from Texas drastic and devastating effects on pub- (Mr. BURGESS) for yielding me the cus- lic health and the environment, and STATEMENT OF ADMINISTRATION POLICY tomary 30 minutes. they will be vetoed by the President of S.J. RES. 23—DISAPPROVING EPA RULE ON Mr. Speaker, I rise in opposition to the United States. GREENHOUSE GAS EMISSIONS FROM NEW, MODIFIED, AND RECONSTRUCTED ELECTRIC this closed rule and the underlying leg- I include in the RECORD the State- UTILITY GENERATING UNITS islation. ments of Administration Policy on (Sen. McConnell, R–KY, Nov. 17, 2015) I want to begin by congratulating the these bills, expressing the administra- Republican majority for breaking a tion’s intent to veto these bills. The Administration strongly opposes S.J. Res. 23, which would undermine the public record today. Through their exem- STATEMENT OF ADMINISTRATION POLICY health protections of the Clean Air Act plary, heavyhanded, undemocratic H.R. 8—NORTH AMERICAN ENERGY SECURITY (CAA) and stop critical U.S. efforts to reduce leadership, this is now officially the AND INFRASTRUCTURE ACT OF 2015 dangerous carbon pollution from power most closed session of Congress in the (Rep. Upton, R–MI, Nov. 30, 2015) plants. In 2007, the Supreme Court ruled that entire history of the United States of The Administration is committed to tak- the CAA gives the U.S. Environmental Pro- America. I am not sure that is some- ing responsible steps to modernize the Na- tection Agency (EPA) the authority to regu- thing to be proud of, but that is the tion’s energy infrastructure in a way that late greenhouse gas (GHG) pollution. In 2009, title that they have earned. addresses climate change, promotes clean EPA determined that GHG pollution threat- Today, we are debating the 47th and energy and energy efficiency, drives innova- ens Americans’ health and welfare by leading to long-lasting changes to the climate that 48th closed rules of the 114th Congress. tion, and ensures a cleaner, more stable envi- ronment for future generations. The Admin- can, and are already, having a range of nega- We are in our third legislative week istration strongly opposes H.R. 8 because it tive effects on human health and the envi- since Speaker RYAN took the gavel, would undermine already successful initia- ronment. This finding is consistent with con- and we are already debating our third tives designed to modernize the Nation’s en- clusions of the U.S. National Academy of and fourth closed rules during his short ergy infrastructure and increase our energy Sciences, the Intergovernmental Panel on tenure. efficiency. Climate Change, and numerous other na- Speaker RYAN promised a more open, Increased energy efficiency offers savings tional and international scientific bodies. more inclusive, more deliberative, on energy bills, provides opportunities for Power plants account for roughly one-third more jobs, and improves industrial competi- of all domestic GHG emissions. While the more participatory process. I think he tiveness. H.R. 8 would stifle the Nation’s United States limits dangerous emissions of must have misspoken because, by any move toward energy efficiency by severely arsenic, mercury, lead, particulate matter, measure, the Republican leadership has hampering the Department of Energy’s and ozone precursor pollution from power already fallen short of that commit- (DOE) ability to provide technical support plants, the Carbon Pollution Standards and ment. for building code development and State im- the Clean Power Plan put into place the first Today, we are considering three bills: plementation. In addition, the bill would un- national limits on power plant carbon pollu- two that seek to undermine the EPA’s dercut DOE’s ability to enforce its appliance tion. The Carbon Pollution Standards will ability to protect our public health and standards and would weaken section 433 of ensure that new, modified, and reconstructed power plants deploy available systems of environment and a third that offers the Energy Independence and Security Act of 2007, which requires a reduction in fossil emission reduction to reduce carbon pollu- many troubling provisions, including fuel-generated energy in Federal buildings. tion. one which would hastily rush the nat- H.R. 8 includes a provision regarding cer- S.J. Res. 23 would nullify carbon pollution ural gas pipeline approval process and tain operational characteristics in capacity standards for future power plants and power

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.017 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8660 CONGRESSIONAL RECORD — HOUSE December 1, 2015 plants undertaking significant modifications Since it was enacted in 1970, and amended At some point, we must face the or reconstruction, thus slowing our coun- in 1977 and 1990, each time with strong bipar- facts, Mr. Speaker. try’s transition to cleaner, cutting-edge tisan support, the CAA has improved the Na- So I want to say something to my power generation technologies. Most impor- tion’s air quality and protected public colleagues on the Republican side. I tantly, the resolution could enable continued health. Over that same period of time, the know it may make you feel uncomfort- build-out of outdated, high-polluting, and economy has tripled in size while emissions long-lived power generation infrastructure of key pollutants have decreased by more able, but it is the truth: Climate and impede efforts to reduce carbon pollu- than 70 percent. Forty-five years of clean air change is real. tion from new and modified power plants— regulation have shown that a strong econ- The overwhelming science says it is when the need to act, and to act quickly, to omy and strong environmental and public real, yet a huge chunk of the Repub- mitigate climate change impacts on Amer- health protection go hand-in-hand. lican Conference is in denial. They ican communities has never been more clear. Because S.J. Res. 24 threatens the health don’t believe there is such a thing as Since it was enacted in 1970, and amended and economic welfare of future generations climate change. They don’t believe we in 1977 and 1990, each time with strong bipar- by blocking important standards to reduce have any responsibility to our children tisan support, the CAA has improved the Na- carbon pollution from the power sector that or to future generations to combat cli- tion’s air quality and protected public take a flexible, common sense approach to health. Over that same period of time, the addressing carbon pollution, if the President mate change. economy has tripled in size while emissions were presented with S.J. Res. 24, he would They are perfectly happy living in of key pollutants have decreased by more veto the bill. this fantasy world where you can rely on fossil fuels and rely on fossil fuels than 70 percent. Forty-five years of clean air Mr. MCGOVERN. But I guess from and rely on fossil fuels and can just regulation have shown that a strong econ- the Republican point of view, the posi- omy and strong environmental and public make believe that it has no impact at tive thing about these bills is that they health protection go hand-in-hand. all on the environment. Because S.J. Res. 23 threatens the health are yet another pander to big money Quite frankly, if climate change and economic welfare of future generations fossil fuel special interests. I urge my weren’t such a serious issue, it would by blocking important standards to reduce colleagues to follow the money because be comical, but climate change is a se- carbon pollution from the power sector that that is what this is all about here rious issue. It is a real issue. It is an take a flexible, common sense approach to today. It is not about serious legis- addressing carbon pollution, if the President issue not just for us; it is an issue for lating. It is about fundraising. future generations. So their denial, were presented with S.J. Res. 23, he would Mr. Speaker, S.J. Res. 23 and S.J. veto the bill. quite frankly, is frightening. Res. 24 look to stop commonsense regu- We shouldn’t be propping up coal and STATEMENT OF ADMINISTRATION POLICY lations that the EPA has put in place oil industries with taxpayer subsidies. S.J. RES. 24—DISAPPROVING EPA RULE ON CAR- that protect us from the harmful pollu- We shouldn’t be using taxpayer money BON POLLUTION EMISSION GUIDELINES FOR tion emitted by power plants. These to destroy our environment. When the EXISTING ELECTRIC UTILITY GENERATING joint resolutions are another clear scientific community reaches a clear UNITS message from the Republican majority consensus on an issue like climate (Sen. Capito, R–WV, Nov. 17, 2015) that they do not believe that climate change, Congress shouldn’t undermine The Administration strongly opposes S.J. change is real. Over 120 environmental, them with dangerous legislation like Res. 24, which would undermine the public faith-based, and public health organiza- this. health protections of the Clean Air Act tions have already come out opposing When we receive credible, peer-re- (CAA) and stop critical U.S. efforts to reduce these two resolutions, including the viewed study after study after study dangerous carbon pollution from power American Lung Association, the Al- plants. In 2007, the Supreme Court ruled that after study that tells us we are in the the CAA gives the U.S. Environmental Pro- lergy and Asthma Network, the League middle of a climate crisis and that tection Agency (EPA) the authority to regu- of Conservation Voters, the Natural something must be done about it, we late greenhouse gas (GHG) pollution. In 2009, Resources Defense Council, the Sierra need to listen, but the Republican ma- EPA determined that GHG pollution threat- Club, and Public Citizen. I can stand jority refuses to listen. ens Americans’ health and welfare by leading here forever and repeat the other orga- Climate change is often referred to as to long-lasting changes to the climate that nizations that have a lot of public sup- the most pressing issue of our time. We can, and are already, having a range of nega- port in this country that have come know that climate change is for real. tive effects on human health and the envi- out against these bills. We know that. We see it. We live it. ronment. This finding is consistent with con- clusions of the U.S. National Academy of Power plants account for 40 percent The scientific community has verified Sciences, the Intergovernmental Panel on of our annual carbon pollution emis- it. Climate Change, and numerous other na- sions. They are the single biggest Climate change is not a theory, it is tional and international scientific bodies. source of carbon pollution in the coun- not a hoax, and it is certainly not some Power plants account for roughly one-third try. Yet the Republican majority silly fantasy. When arctic ice is crash- of all domestic GHG emissions. While the wants to take away the greatest step ing into the oceans at record rates, United States limits dangerous emissions of we have taken to try to curb that that is not a hoax. When species are arsenic, mercury, lead, particulate matter, major source of pollution. These two going extinct at accelerated rates and ozone precursor pollution from power around the globe, that is not a fantasy. plants, the Clean Power Plan and the Carbon joint resolutions would permanently Pollution Standards put into place the first prevent the EPA from ever, ever lim- When extreme weather events are be- national limits on power plant carbon pollu- iting pollution from power plants in coming commonplace, that is not a tion. The Clean Power Plan empowers States the future as well. theory. When the global temperature of to cost-effectively reduce emissions from ex- H.R. 8 is also a deeply troubling piece the planet continues to increase every isting sources and provides States and power of legislation. It favors the use of fossil year for decades, we should pay atten- plants a great deal of flexibility in meeting fuels over renewable energy and favors tion. the requirements. EPA expects that under consumption over energy efficiency. These are the exact same scare tac- the Clean Power Plan, by 2030, carbon pollu- tics that have been used for over 45 tion from power plants will be reduced by 32 b 1245 years in opposition to climate change. percent from 2005 levels. It would ram pipeline applications By nullifying the Clean Power Plan, S.J. It is the same old stuff. Opponents of Res. 24 seeks to block progress towards through FERC in under 90 days even clean air have been claiming for half a cleaner energy, eliminating public health though most applications, by the way, century that clean air regulations and other benefits of up to $54 billion per are reviewed and approved in less than would kill jobs and hurt economic year by 2030, including thousands fewer pre- 1 year. growth, but they are wrong. mature deaths from air pollution and tens of It all but removes individuals from The truth is that the Clean Air Act thousands of fewer childhood asthma attacks the process, allowing big gas companies alone has created $57 trillion in bene- each year. Most importantly, the resolution to choose to build wherever they want, fits since it was enacted in 1970. The would impede efforts to reduce carbon pollu- regardless of the consequences for local tion from existing power plants—the largest Clean Power Plan will lead to a strong- source of carbon pollution in the country— communities. It would even allow them er economy, a safer climate, and better when the need to act, and to act quickly, to to build through our treasured national health for all of us. mitigate climate change impacts on Amer- parks. It is an early Christmas gift for Why is this so difficult? Maybe it is ican communities has never been more clear. big special interests. because my friends on the other side of

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.003 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8661 the aisle don’t like the President, so The SPEAKER pro tempore. The leaders are gathered in Paris trying to anything that he is for they have to be time of the gentleman has expired. figure out how to deal with this chal- against. You have got to move beyond Mr. BURGESS. Mr. Speaker, I yield lenge, the House of Representatives is your anger. You have got to look at the myself an additional 1 minute. dealing with this. I think that is sad issues, and you have to evaluate them I want to read a passage from col- and regrettable. based on the evidence. umnist George Will from earlier this I ask my colleagues to defeat the pre- The evidence is that climate change year, January 7, of his writing in the vious question. If we defeat the pre- is for real, but you would never know Washington Post. Mr. Will writes: vious question, I will offer an amend- that in listening to the majority. They ‘‘We know, because they often say so, ment to the rule to bring up bipartisan have no solutions, only denial. Let’s that those who think catastrophic legislation that would grant law en- keep on down the road of the same old, global warming is probable and perhaps forcement the authority to block the same old, and their ‘‘just say no’’ agen- imminent are exemplary empiricists. sale of firearms and explosives to indi- da is a recipe for disaster. They say those who disagree with them viduals who are suspected of inter- As we gather here, leaders from all are ‘climate change deniers’ disrespect- national or domestic terrorism. around the world are meeting in Paris ful of science. Mr. Speaker, I ask unanimous con- to talk about how to deal with the ‘‘Actually, however, something about sent to include in the RECORD the text issue of climate change. What we which everyone can agree is that, of of the amendment, along with extra- should be doing here is providing some course, the climate is changing—it al- neous material, immediately prior to wind at the backs of not only our ways is. And if climate Cassandras are the vote on the previous question. President but of all of the leaders of as conscientious as they claim to be The SPEAKER pro tempore. Is there the world who are gathering to try to about weighing evidence, how do they objection to the request of the gen- figure out how to deal with this chal- accommodate historical evidence of tleman from Massachusetts? lenge. enormously consequential episodes of There was no objection. Instead of doing that, we are doing climate change not produced by human Mr. MCGOVERN. Mr. Speaker, to me, this. It is really sad that this is what activity? Before wagering vast wealth this should not be controversial, but in we have come to. If we are going to say and curtailments of liberty on cor- this Chamber that is so beholden to the ‘‘no’’ to anything today, it should be to recting the climate,’’ perhaps they National Rifle Association, this has be- this closed rule and to S.J. Res. 23 and should consider the past. come a point of controversy. We are to S.J. Res. 24. Then he goes on to detail those epi- talking about people who are suspected I reserve the balance of my time. sodes in the past: the Little Ice Age of international or domestic terrorism. Mr. BURGESS. Mr. Speaker, I yield and the Medieval Warm Period. I don’t think any reasonable person myself 2 minutes. The SPEAKER pro tempore. The feels comfortable with selling those The Republican Party is in the ma- time of the gentleman has again ex- people weapons. jority today. There are a couple of rea- pired. We ought to be able to come together sons that is so. Mr. BURGESS. Mr. Speaker, I yield by putting the security interests of the There were bills passed in 2009 and myself an additional 30 seconds. people of this country first and enact- 2010, and the American people looked There are, indeed, recent episodes in ing this. I hope that there is a strong, at what was happening in their legisla- recorded history that can be looked to bipartisan vote to defeat the previous tive body and said: We need a change. where the climate has changed and, question so that we can actually bring We need a change from the direction in yes, has affected human behavior and this up, debate it, and pass it. which we are going. the human condition, but those were Mr. Speaker, I include for the One of those bills, I will submit, was not climate changes affected by the re- RECORD a letter from 120 organiza- the Waxman-Markey bill, the cap-and- sult of human activity. Those were tions—many environmental organiza- trade scheme that was drawn up in the caused by natural cycles, within the tions, many faith-based organiza- Energy and Commerce Committee, of Sun cycle, within things over which tions—all who oppose S.J. Res. 23 and which I am a member. I sat through none of us had any control. S.J. Res. 24. the debate on it. I remember it very Again, I would take the words of Mr. NOVEMBER 30, 2015. well. Will to heart. Before we wager vast DEAR REPRESENTATIVE: On behalf of our That bill was brought to this floor, amounts of wealth and curtailments of millions of members, the undersigned orga- and that bill was forced through this liberty, we would do well to consider nizations urge you to oppose Senators McConnell and Capito’s Congressional Re- House in June of 2009, right before those facts. view Act resolutions of disapproval (S.J. Res. Members went home for the 4th of July I reserve the balance of my time. 23 and 24) that would permanently block the weekend. Mr. MCGOVERN. Mr. Speaker, I in- EPA’s Clean Power Plan. A lot of people will look at the Af- quire of the gentleman as to how many These resolutions are an extreme assault fordable Care Act and say that is the more speakers he has, for I am pre- on public health, the clean energy economy, reason Congress changed from a major- pared to close. and modernizing our energy sector. The ity-Democrat institution to a major- Mr. BURGESS. Mr. Speaker, I believe Clean Power Plan puts in place common- ity-Republican institution. It is be- I am the only speaker. sense limits on power plant carbon pollution, developed with the input of thousands of cause of the passage of the Affordable Mr. MCGOVERN. Mr. Speaker, I yield stakeholders, and provides the flexibility Care Act. myself the balance of my time. states need to develop their own plans to Yet, Mr. Speaker, I submit that it With all due respect to George Will, meet pollution reduction targets. Blocking was actually that activity in June of with whom I don’t agree on very much these commonsense safeguards puts polluter 2009 that caused people to look at what of anything, quite frankly, if he or any- profits before the health of our children. was going on in their Congress and to body else really believes that there is Power plants are the country’s single larg- look at that bill that was drafted in no correlation between human activity est source of the pollution fueling climate the Energy and Commerce Committee and climate change, I would suggest change and the Clean Power Plan is the sin- gle biggest step we have ever taken to tackle by Chairman Waxman and Chairman that maybe he go back to school, be- climate change. This plan is expected to de- MARKEY and say: No, not for us. We are cause the overwhelming science tells liver billions of dollars in benefits and will not going along with this. This is not a us that there is a connection. The over- prevent nearly 3,000 premature deaths and direction in which we want you to take whelming science tells us that our reli- more than a hundred thousand asthma at- this country. ance on fossil fuels, in particular, has tacks per year by 2030. We still function under that quaint accelerated the climate change on this Not only would these resolutions undo all notion that we have government with planet. of the health and economic benefits of the the consent of the governed, but the Again, it just astounds me that, on Clean Power Plan, they would also bar EPA from issuing any standards in the future that governed did not consent to what they an issue on which the scientific com- are substantially similar. This means that saw being passed in Congress late in munity has come together overwhelm- Americans would continue to be exposed in- June of 2009. So it is no accident that ingly, there is such a disconnect. definitely to carbon pollution and the im- things are the way they are today. Again, at a time when all the world’s pacts of climate change.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.020 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8662 CONGRESSIONAL RECORD — HOUSE December 1, 2015 The world’s leading scientists agree that Law Center, Southern Oregon Climate Ac- preventing up to 3,600 premature deaths and failing to act on climate change will ensure tion Now, Sunshine State Interfaith Power & 90,000 asthma attacks every year by 2030. worsening extreme weather events, threaten Light, Tennessee Interfaith Power & Light. Please make your priority the health of food supplies and increase public health Texas Interfaith Power & Light, Texas your constituents and vote NO on these Con- risks. We strongly urge you to oppose these Physicians for Social Responsibility, The gressional Review Act resolutions, H.J. Res. resolutions that put the health of our chil- Climate Reality Project, Union of Concerned 71 and 72. dren and families at risk, threaten the qual- Scientists, Utah Interfaith Power & Light, Sincerely, ity of our air, and strip the EPA of the tools Vermont Interfaith Power and Light, Vir- Allergy and Asthma Network; American to address dangerous carbon pollution. ginia Interfaith Power & Light, Virginia Or- Lung Association; American Public Sincerely, ganizing, Voces Verdes, Voice for Progress, Health Association; American Thoracic 350.Org, ActionAid USA, Alliance of Nurses WE ACT for Environmental Justice, Western Society; Asthma and Allergy Founda- for Healthy Environments, American Rivers, Organization of Resource Councils, Wis- tion of America; Children’s Environ- Appalachian Voices, Arizona Interfaith consin Environment, Wisconsin Interfaith mental Health Network; Health Care Power & Light, Arkansas Public Policy Power & Light, Wisconsin League of Con- Without Harm; National Association of Panel, Center for Biological Diversity, Clean servation Voters, World Wildlife Fund. Hispanic Nurses; Trust for America’s Air Task Force, Clean Water Action, Climate Mr. MCGOVERN. Mr. Speaker, I in- Health. Action Alliance of the Valley. Mr. MCGOVERN. Mr. Speaker, I close Climate Law & Policy Project, Climate clude for the RECORD a letter that was Parents, Coalition on the Environment and sent to every Member of Congress who as I began, which is by reminding my Jewish Life, Colorado Interfaith Power & is opposed to these two bills. It is colleagues that we are at an important Light, Conservation Voters for Idaho, Con- signed by the Allergy and Asthma Net- crossroads. We still have an oppor- servation Voters of South Carolina, Defend- work, the American Lung Association, tunity to do something about climate ers of Wildlife, Delaware Interfaith Power & the American Public Health Associa- change. Light, Earthjustice, Earth Ministry/Wash- tion, the Children’s Environmental We still have an opportunity to be on ington Interfaith Power & Light, Elders Cli- Health Network, the Trust for Amer- the right side of history. We have the mate Action, opportunity to do something that is Environment America, Environment Ari- ica’s Health, the National Association zona, Environment California, Environment of Hispanic Nurses, the Asthma and Al- good not only for all of us but for our Colorado, Environment Connecticut, Envi- lergy Foundation of America, and the children, for our grandchildren, and for ronment Florida, Environment Georgia, En- Health Care Without Harm. generations to come. vironment Iowa, Environment Maine, Envi- Again, they are all opposed to the We have an opportunity to provide ronment Maryland, Environment Massachu- legislation that we are bringing before some wind at the backs of the leaders setts, Environment Michigan, Environment the House today. from all over the world who are gath- Minnesota, Environment Missouri. NOVEMBER 16, 2015. ered in Paris and who are trying to fig- Environment Montana, Environment Ne- ure out how to deal with the issue of vada, Environment New Mexico, Environ- DEAR REPRESENTATIVE: The undersigned ment New Hampshire, Environment New public health and medical organizations climate change. York, Environment North Carolina, Environ- strongly urge you to oppose Congressional If we want to take advantage of that ment Ohio, Environment Oregon, Environ- Review Act resolutions H.J. Res. 71 and 72. opportunity, we need to reject the ment Rhode Island, Environment Texas, En- The measures are excessive attacks on pub- same old, same old. We need to under- vironment Virginia, Environment Wash- lic health protections from carbon pollution stand that we need to transition from ington, Environmental Advocates of New from power plants. our historic reliance on fossil fuels. York. The Congressional Review Act resolutions are an extreme tool that would permanently There is a correlation between our Environmental Investigation Agency, En- reliance on these forms of energy and vironmental Justice Leadership Forum on block the U.S. Environmental Protection Climate Change, Environmental Law and Agency (EPA)’s actions to reduce dangerous what we are seeing right now in our en- Policy Center, Environmental and Energy carbon pollution from power plants. These vironment. It didn’t begin that way, Study Institute, Environmental Defense Ac- resolutions would prevent EPA from moving and we didn’t think we were doing tion Fund, Georgia Interfaith Power & forward with any substantially similar ac- harm to the environment when we were Light, GreenLatinos, Health Care Without tion in the future. Carbon pollution from utilizing these resources, but science, Harm, Hoosier Interfaith Power & Light, Illi- power plants greatly contributes to climate over the years, has shown us, undeni- nois Interfaith Power & Light, Interfaith change, which is widely recognized as one of the greatest threats to public health. To pro- ably, the damage that has been done to Power & Light, Interfaith Power & Light our planet. It is up to us to try to re- (DC. MD. NoVA), Iowa Interfaith Power & tect public health, it is vital that our nation Light, Iowa Chapter Physicians for Social make progress in the fight against climate verse this trend, not to bury our heads Responsibility. change. in the sand, not to deny science, not to International Forum on Globalization, As U.S. Surgeon General Vivek Murthy, deny climate change, but to do the KyotoUSA, League of Conservation Voters, MD, MBA, said during 2015 National Public right thing. League of Women Voters, Maine Interfaith Health Week, ‘‘We know that climate change I hope that my colleagues, even some Power & Light, Maine Conservation Voters, means higher temperatures overall, and it of my Republican colleagues, will join Maryland League of Conservation Voters, also means longer and hotter heat waves . . . with us in rejecting this legislation and higher temperatures can mean worse air in Massachusetts Interfaith Power & Light, will instead work with this White Michigan League of Conservation Voters, cities, and more smog and more ozone. We Minnesota Interfaith Power & Light, Mis- know that more intense wildfires will mean House and will work with other world souri Interfaith Power & Light, Montana increased smoke in the air. And we know leaders to deal with the issue of cli- Conservation Voters, Montana Environ- that earlier springs and longer summers mate change. mean longer allergy seasons.’’ mental Information Center, Natural Re- b 1300 sources Defense Council. The science is clear: communities across Nebraska Interfaith Power & Light, New the nation are experiencing the health ef- We all talk about national security Jersey League of Conservation Voters, New fects of climate change now. Climate change as being our top priority. Well, na- Mexico Interfaith Power & Light, New Vir- is impacting air pollution, which can cause tional security is more than just the ginia Majority, New York Interfaith Power & asthma attacks, cardiovascular disease and number of weapons we have in our ar- premature death, and fostering extreme Light, New York League of Conservation senal. It also includes the cleanliness Voters, North Carolina Interfaith Power & weather patterns, such as heat and severe Light, North Carolina Council of Churches, storms, droughts, wildfires and flooding, and the purity of our environment. It North Carolina League of Conservation Vot- that can harm low-income communities dis- is about time we become good stewards ers, Ohio Interfaith Power & Light, Okla- proportionately. Bold action is needed to of this planet. homa Interfaith Power & Light, Oregon protect public health, which is why our orga- I urge my colleagues to vote ‘‘no’’ on League of Conservation Voters, PDA, Tuc- nizations support the Clean Power Plan. the previous question and to vote ‘‘no’’ son, PennEnvironment, Pennsylvania Inter- EPA’s action to reduce carbon pollution on this backward-thinking legislation faith Power & Light. from power plants will help the nation take that really should not be on the floor Physicians for Social Responsibility, Phy- important steps toward protecting Ameri- today. sicians for Social Responsibility, Arizona, cans’ health from these threats. Not only Physicians for Social Responsibility Maine does the Clean Power Plan give states flexi- I yield back the balance of my time. Chapter, Polar Bears International, Protect ble tools to reduce the carbon pollution that Mr. BURGESS. Mr. Speaker, I yield Our Winters, Public Citizen, Rachel Carson causes climate change, these crucial tools myself the balance of my time. Council, Rhode Island Interfaith Power & will also have the co-benefit of reducing Mr. Speaker, I do feel obligated to Light, Sierra Club, Southern Environmental other deadly pollutants at the same time, point out that, in the absence of the

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.004 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8663 Waxman-Markey bill, during this ad- scribes the vote on the previous question on ANNOUNCEMENT BY THE SPEAKER ministration and the previous adminis- the rule as ‘‘a motion to direct or control the PRO TEMPORE tration, between 2005 and 2012, carbon consideration of the subject before the House being made by the Member in charge.’’ To The SPEAKER pro tempore. Pursu- emissions in this country fell by 10 per- defeat the previous question is to give the ant to clause 8 of rule XX, the Chair cent because of market-based activity. opposition a chance to decide the subject be- will postpone further proceedings That puts the United States halfway fore the House. Cannon cites the Speaker’s today on the motion to suspend the to the goal that it set for itself in the ruling of January 13, 1920, to the effect that rules on which a recorded vote or the United Nations agreement, a goal that ‘‘the refusal of the House to sustain the de- mand for the previous question passes the yeas and nays are ordered, or on which we would reduce carbon emissions by 20 the vote incurs objection under clause percent in the year 2020. control of the resolution to the opposition’’ in order to offer an amendment. On March 6 of rule XX. We are halfway there, a 10 percent re- 15, 1909, a member of the majority party of- Any record vote on the postponed duction. That is without Waxman-Mar- fered a rule resolution. The House defeated question will be taken later. key. That is without any international the previous question and a member of the agreement that the President might opposition rose to a parliamentary inquiry, f think he is entertaining or entering asking who was entitled to recognition. INTELLIGENCE AUTHORIZATION into over in Paris. Speaker Joseph G. Cannon (R–Illinois) said: ACT FOR FISCAL YEAR 2016 ‘‘The previous question having been refused, Mr. Speaker, today’s rule provides the gentleman from New York, Mr. Fitz- Mr. NUNES. Mr. Speaker, I move to for the consideration of three impor- gerald, who had asked the gentleman to suspend the rules and pass the bill tant bills for our energy future, two yield to him for an amendment, is entitled to (H.R. 4127) to authorize appropriations resolutions disapproving of the Envi- the first recognition.’’ for fiscal year 2016 for intelligence and ronmental Protection Agency’s green- The Republican majority may say ‘‘the intelligence-related activities of the vote on the previous question is simply a house gas regulations and a bill that is United States Government, the Com- forward looking that will set this coun- vote on whether to proceed to an immediate vote on adopting the resolution . . . [and] munity Management Account, and the try on the path to greater energy secu- has no substantive legislative or policy im- Central Intelligence Agency Retire- rity. plications whatsoever.’’ But that is not what ment and Disability System, and for The material previously referred to they have always said. Listen to the Repub- other purposes. by Mr. MCGOVERN of Massachusetts is lican Leadership Manual on the Legislative The Clerk read the title of the bill. as follows: Process in the United States House of Rep- The text of the bill is as follows: resentatives, (6th edition, page 135). Here’s AN AMENDMENT TO H. RES. 539 OFFERED BY how the Republicans describe the previous H.R. 4127 MR. MCGOVERN OF MASSACHUSETTS question vote in their own manual: ‘‘Al- Be it enacted by the Senate and House of Rep- Strike all after the resolved clause and in- though it is generally not possible to amend resentatives of the United States of America in sert: the rule because the majority Member con- Congress assembled, That immediately upon adoption of this trolling the time will not yield for the pur- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. resolution the Speaker shall, pursuant to pose of offering an amendment, the same re- (a) SHORT TITLE.—This Act may be cited as clause 2(b) of rule XVIII, declare the House sult may be achieved by voting down the pre- the ‘‘Intelligence Authorization Act for Fis- resolved into the Committee of the Whole vious question on the rule. . . . When the cal Year 2016’’. House on the state of the Union for consider- motion for the previous question is defeated, (b) TABLE OF CONTENTS.—The table of con- ation of the bill (H.R. 1076) to increase public control of the time passes to the Member tents for this Act is as follows: safety by permitting the Attorney General who led the opposition to ordering the pre- to deny the transfer of a firearm or the vious question. That Member, because he Sec. 1. Short title; table of contents. issuance of firearms or explosives licenses to then controls the time, may offer an amend- Sec. 2. Definitions. a known or suspected dangerous terrorist. ment to the rule, or yield for the purpose of Sec. 3. Budgetary effects. The first reading of the bill shall be dis- amendment.’’ TITLE I—INTELLIGENCE ACTIVITIES pensed with. All points of order against con- In Deschler’s Procedure in the U.S. House Sec. 101. Authorization of appropriations. sideration of the bill are waived. General de- of Representatives, the subchapter titled Sec. 102. Classified schedule of authoriza- bate shall be confined to the bill and shall ‘‘Amending Special Rules’’ states: ‘‘a refusal tions. not exceed one hour equally divided and con- to order the previous question on such a rule Sec. 103. Personnel ceiling adjustments. trolled by the chair and ranking minority [a special rule reported from the Committee Sec. 104. Intelligence Community Manage- member of the Committee on the Judiciary. on Rules] opens the resolution to amend- ment Account. After general debate the bill shall be consid- ment and further debate.’’ (Chapter 21, sec- Sec. 105. Clarification regarding authority ered for amendment under the five-minute tion 21.2) Section 21.3 continues: ‘‘Upon re- for flexible personnel manage- rule. All points of order against provisions in jection of the motion for the previous ques- ment among elements of intel- the bill are waived. At the conclusion of con- tion on a resolution reported from the Com- ligence community. sideration of the bill for amendment the mittee on Rules, control shifts to the Mem- TITLE II—CENTRAL INTELLIGENCE Committee shall rise and report the bill to ber leading the opposition to the previous AGENCY RETIREMENT AND DIS- the House with such amendments as may question, who may offer a proper amendment ABILITY SYSTEM have been adopted. The previous question or motion and who controls the time for de- shall be considered as ordered on the bill and bate thereon.’’ Sec. 201. Authorization of appropriations. amendments thereto to final passage with- Clearly, the vote on the previous question TITLE III—GENERAL PROVISIONS out intervening motion except one motion to on a rule does have substantive policy impli- cations. It is one of the only available tools Sec. 301. Increase in employee compensation recommit with or without instructions. If and benefits authorized by law. the Committee of the Whole rises and re- for those who oppose the Republican major- ity’s agenda and allows those with alter- Sec. 302. Restriction on conduct of intel- ports that it has come to no resolution on ligence activities. the bill, then on the next legislative day the native views the opportunity to offer an al- ternative plan. Sec. 303. Provision of information and as- House shall, immediately after the third sistance to Inspector General of daily order of business under clause 1 of rule Mr. BURGESS. Mr. Speaker, I yield the Intelligence Community. XIV, resolve into the Committee of the back the balance of my time, and I Sec. 304. Inclusion of Inspector General of Whole for further consideration of the bill. move the previous question on the res- Intelligence Community in SEC. 2. Clause 1(c) of rule XIX shall not olution. Council of Inspectors General apply to the consideration of H.R. 1076. The SPEAKER pro tempore (Mr. POE on Integrity and Efficiency. of Texas). The question is on ordering Sec. 305. Clarification of authority of Pri- THE VOTE ON THE PREVIOUS QUESTION: WHAT the previous question. vacy and Civil Liberties Over- IT REALLY MEANS The question was taken; and the sight Board. This vote, the vote on whether to order the Speaker pro tempore announced that Sec. 306. Enhancing government personnel previous question on a special rule, is not the ayes appeared to have it. security programs. merely a procedural vote. A vote against or- Sec. 307. Notification of changes to reten- Mr. MCGOVERN. Mr. Speaker, on dering the previous question is a vote tion of call detail record poli- against the Republican majority agenda and that I demand the yeas and nays. cies. a vote to allow the Democratic minority to The yeas and nays were ordered. Sec. 308. Personnel information notification offer an alternative plan. It is a vote about The SPEAKER pro tempore. Pursu- policy by the Director of Na- what the House should be debating. ant to clause 8 of rule XX, further pro- tional Intelligence. Mr. Clarence Cannon’s Precedents of the ceedings on this question will be post- Sec. 309. Designation of lead intelligence of- House of Representatives (VI, 308–311), de- poned. ficer for tunnels.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0655 E:\CR\FM\K01DE7.025 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8664 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Sec. 310. Reporting process required for TITLE VII—REPORTS AND OTHER (16) The Department of Homeland Secu- tracking certain requests for MATTERS rity. country clearance. Subtitle A—Reports SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- Sec. 311. Study on reduction of analytic du- Sec. 701. Repeal of certain reporting require- TIONS. (a) SPECIFICATIONS OF AMOUNTS AND PER- plication. ments. SONNEL LEVELS.—The amounts authorized to Sec. 312. Strategy for comprehensive inter- Sec. 702. Reports on foreign fighters. agency review of the United Sec. 703. Report on strategy, efforts, and re- be appropriated under section 101 and, sub- States national security over- sources to detect, deter, and de- ject to section 103, the authorized personnel head satellite architecture. grade Islamic State revenue ceilings as of September 30, 2016, for the con- duct of the intelligence activities of the ele- Sec. 313. Cyber attack standards of measure- mechanisms. ments listed in paragraphs (1) through (16) of ment study. Sec. 704. Report on United States counter- section 101, are those specified in the classi- TITLE IV—MATTERS RELATING TO ELE- terrorism strategy to disrupt, dismantle, and defeat the Is- fied Schedule of Authorizations prepared to MENTS OF THE INTELLIGENCE COMMU- accompany this bill. lamic State, al-Qai’da, and NITY (b) AVAILABILITY OF CLASSIFIED SCHEDULE their affiliated groups, associ- OF AUTHORIZATIONS.— Subtitle A—Office of the Director of ated groups, and adherents. (1) AVAILABILITY.—The classified Schedule National Intelligence Sec. 705. Report on effects of data breach of of Authorizations referred to in subsection Office of Personnel Manage- Sec. 401. Appointment and confirmation of (a) shall be made available to the Committee ment. the National Counterintel- on Appropriations of the Senate, the Com- Sec. 706. Report on hiring of graduates of ligence Executive. mittee on Appropriations of the House of Cyber Corps Scholarship Pro- Sec. 402. Technical amendments relating to Representatives, and to the President. gram by intelligence commu- pay under title 5, United States (2) DISTRIBUTION BY THE PRESIDENT.—Sub- nity. Code. ject to paragraph (3), the President shall pro- Sec. 403. Analytic objectivity review. Sec. 707. Report on use of certain business concerns. vide for suitable distribution of the classified Subtitle B—Central Intelligence Agency and Schedule of Authorizations, or of appropriate Subtitle B—Other Matters Other Elements portions of the Schedule, within the execu- Sec. 711. Use of homeland security grant tive branch. Sec. 411. Authorities of the Inspector Gen- funds in conjunction with De- (3) LIMITS ON DISCLOSURE.—The President eral for the Central Intelligence partment of Energy national shall not publicly disclose the classified Agency. laboratories. Schedule of Authorizations or any portion of Sec. 412. Prior congressional notification of Sec. 712. Inclusion of certain minority-serv- such Schedule except— transfers of funds for certain ing institutions in grant pro- (A) as provided in section 601(a) of the Im- intelligence activities. gram to enhance recruiting of plementing Recommendations of the 9/11 TITLE V—MATTERS RELATING TO intelligence community work- Commission Act of 2007 (50 U.S.C. 3306(a)); FOREIGN COUNTRIES force. (B) to the extent necessary to implement Subtitle A—Matters Relating to Russia SEC. 2. DEFINITIONS. the budget; or In this Act: (C) as otherwise required by law. Sec. 501. Notice of deployment or transfer of (a) CONGRESSIONAL INTELLIGENCE COMMIT- SEC. 103. PERSONNEL CEILING ADJUSTMENTS. Club–K container missile sys- TEES.—The term ‘‘congressional intelligence (a) AUTHORITY FOR INCREASES.—The Direc- tem by the Russian Federation. committees’’ means— tor of National Intelligence may authorize Sec. 502. Assessment on funding of political (1) the Select Committee on Intelligence of employment of civilian personnel in excess parties and nongovernmental the Senate; and of the number authorized for fiscal year 2016 organizations by the Russian (2) the Permanent Select Committee on In- by the classified Schedule of Authorizations Federation. telligence of the House of Representatives. referred to in section 102(a) if the Director of Sec. 503. Assessment on the use of political (b) INTELLIGENCE COMMUNITY.—The term National Intelligence determines that such assassinations as a form of ‘‘intelligence community’’ has the meaning action is necessary to the performance of im- statecraft by the Russian Fed- given that term in section 3(4) of the Na- portant intelligence functions, except that eration. tional Security Act of 1947 (50 U.S.C. 3003(4)). the number of personnel employed in excess Subtitle B—Matters Relating to Other SEC. 3. BUDGETARY EFFECTS. of the number authorized under such section Countries The budgetary effects of this Act, for the may not, for any element of the intelligence community, exceed 3 percent of the number Sec. 511. Report on resources and collection purpose of complying with the Statutory of civilian personnel authorized under such posture with regard to the Pay-As-You-Go-Act of 2010, shall be deter- schedule for such element. South China Sea and East mined by reference to the latest statement (b) TREATMENT OF CERTAIN PERSONNEL.— China Sea. titled ‘‘Budgetary Effects of PAYGO Legisla- tion’’ for this Act, submitted for printing in The Director of National Intelligence shall Sec. 512. Use of locally employed staff serv- the Congressional Record by the Chairman of establish guidelines that govern, for each ing at a United States diplo- the Senate Budget Committee, provided that element of the intelligence community, the matic facility in Cuba. such statement has been submitted prior to treatment under the personnel levels author- Sec. 513. Inclusion of sensitive compart- the vote on passage. ized under section 102(a), including any ex- mented information facilities emption from such personnel levels, of em- TITLE I—INTELLIGENCE ACTIVITIES in United States diplomatic fa- ployment or assignment in— cilities in Cuba. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (1) a student program, trainee program, or Sec. 514. Report on use by Iran of funds Funds are hereby authorized to be appro- similar program; made available through sanc- priated for fiscal year 2016 for the conduct of (2) a reserve corps or as a reemployed an- tions relief. the intelligence and intelligence-related ac- nuitant; or tivities of the following elements of the TITLE VI—MATTERS RELATING TO (3) details, joint duty, or long-term, full- United States Government: UNITED STATES NAVAL STATION, time training. (1) The Office of the Director of National GUANTANAMO BAY, CUBA (c) NOTICE TO CONGRESSIONAL INTELLIGENCE Intelligence. COMMITTEES.—The Director of National In- Sec. 601. Prohibition on use of funds for (2) The Central Intelligence Agency. telligence shall notify the congressional in- transfer or release of individ- (3) The Department of Defense. telligence committees in writing at least 15 uals detained at United States (4) The Defense Intelligence Agency. days prior to each exercise of an authority Naval Station, Guantanamo (5) The National Security Agency. described in subsection (a). Bay, Cuba, to the United (6) The Department of the Army, the De- SEC. 104. INTELLIGENCE COMMUNITY MANAGE- States. partment of the Navy, and the Department MENT ACCOUNT. Sec. 602. Prohibition on use of funds to con- of the Air Force. (a) AUTHORIZATION OF APPROPRIATIONS.— struct or modify facilities in (7) The Coast Guard. There is authorized to be appropriated for the United States to house de- (8) The Department of State. the Intelligence Community Management tainees transferred from United (9) The Department of the Treasury. Account of the Director of National Intel- States Naval Station, Guanta- (10) The Department of Energy. ligence for fiscal year 2016 the sum of namo Bay, Cuba. (11) The Department of Justice. $516,306,000. Within such amount, funds iden- Sec. 603. Prohibition on use of funds for (12) The Federal Bureau of Investigation. tified in the classified Schedule of Author- transfer or release to certain (13) The Drug Enforcement Administra- izations referred to in section 102(a) for ad- countries of individuals de- tion. vanced research and development shall re- tained at United States Naval (14) The National Reconnaissance Office. main available until September 30, 2017. Station, Guantanamo Bay, (15) The National Geospatial-Intelligence (b) AUTHORIZED PERSONNEL LEVELS.—The Cuba. Agency. elements within the Intelligence Community

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.006 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8665 Management Account of the Director of Na- (1) in subparagraph (A), by striking ‘‘any ideology, or that the covered individual tional Intelligence are authorized 785 posi- department, agency, or other element of the lacks good judgment, reliability, or trust- tions as of September 30, 2016. Personnel United States Government’’ and inserting worthiness; and serving in such elements may be permanent ‘‘any Federal, State (as defined in section ‘‘(D) data maintained on any terrorist or employees of the Office of the Director of 804), or local governmental agency or unit criminal watch list maintained by any agen- National Intelligence or personnel detailed thereof’’; and cy, State or local government, or inter- from other elements of the United States (2) in subparagraph (B), by inserting ‘‘from national organization. Government. a department, agency, or element of the Fed- ‘‘(c) REVIEWS OF COVERED INDIVIDUALS.— (c) CLASSIFIED AUTHORIZATIONS.— eral Government’’ before ‘‘under subpara- ‘‘(1) REVIEWS.— (1) AUTHORIZATION OF APPROPRIATIONS.—In graph (A)’’. ‘‘(A) IN GENERAL.—The enhanced personnel addition to amounts authorized to be appro- SEC. 304. INCLUSION OF INSPECTOR GENERAL security program of an agency shall require priated for the Intelligence Community Man- OF INTELLIGENCE COMMUNITY IN that, not less than 2 times every 5 years, the agement Account by subsection (a), there are COUNCIL OF INSPECTORS GENERAL head of the agency shall conduct or request authorized to be appropriated for the Com- ON INTEGRITY AND EFFICIENCY. the conduct of automated record checks and munity Management Account for fiscal year Section 11(b)(1)(B) of the Inspector General checks of information from sources under 2016 such additional amounts as are specified Act of 1978 (Public Law 95–452; 5 U.S.C. App.) subsection (b) to ensure the continued eligi- in the classified Schedule of Authorizations is amended by striking ‘‘the Office of the Di- bility of each covered individual to access referred to in section 102(a). Such additional rector of National Intelligence’’ and insert- classified information and hold a sensitive amounts for advanced research and develop- ing ‘‘the Intelligence Community’’. position unless more frequent reviews of ment shall remain available until September SEC. 305. CLARIFICATION OF AUTHORITY OF PRI- automated record checks and checks of in- 30, 2017. VACY AND CIVIL LIBERTIES OVER- formation from sources under subsection (b) (2) AUTHORIZATION OF PERSONNEL.—In addi- SIGHT BOARD. are conducted on the covered individual. tion to the personnel authorized by sub- Section 1061(g) of the Intelligence Reform ‘‘(B) SCOPE OF REVIEWS.—Except for a cov- section (b) for elements of the Intelligence and Terrorism Prevention Act of 2004 (42 ered individual who is subject to more fre- Community Management Account as of Sep- U.S.C. 2000ee(g)) is amended by adding at the quent reviews to ensure the continued eligi- tember 30, 2016, there are authorized such ad- end the following new paragraph: bility of the covered individual to access ditional personnel for the Community Man- ‘‘(5) ACCESS.—Nothing in this section shall classified information and hold a sensitive agement Account as of that date as are spec- be construed to authorize the Board, or any position, the reviews under subparagraph (A) ified in the classified Schedule of Authoriza- agent thereof, to gain access to information shall consist of random or aperiodic checks tions referred to in section 102(a). regarding an activity covered by section of covered individuals, such that each cov- SEC. 105. CLARIFICATION REGARDING AUTHOR- 503(a) of the National Security Act of 1947 (50 ered individual is subject to at least 2 re- ITY FOR FLEXIBLE PERSONNEL U.S.C. 3093(a)).’’. views during the 5-year period beginning on MANAGEMENT AMONG ELEMENTS SEC. 306. ENHANCING GOVERNMENT PERSONNEL the date on which the agency implements OF INTELLIGENCE COMMUNITY. SECURITY PROGRAMS. the enhanced personnel security program of (a) CLARIFICATION.—Section 102A(v) of the (a) ENHANCED SECURITY CLEARANCE PRO- an agency, and during each 5-year period National Security Act of 1947 (50 U.S.C. GRAMS.— thereafter. 3024(v)) is amended— (1) IN GENERAL.—Part III of title 5, United ‘‘(C) INDIVIDUAL REVIEWS.—A review of the (1) by redesignating paragraph (3) as para- States Code, is amended by adding at the end information relating to the continued eligi- graph (4); and the following: bility of a covered individual to access clas- (2) by inserting after paragraph (2) the fol- sified information and hold a sensitive posi- ‘‘Subpart J—Enhanced Personnel Security lowing new paragraph (3): tion under subparagraph (A) may not be con- Programs ‘‘(3) A covered department may appoint an ducted until after the end of the 120-day pe- individual to a position converted or estab- ‘‘CHAPTER 110—ENHANCED PERSONNEL riod beginning on the date the covered indi- lished pursuant to this subsection without SECURITY PROGRAMS vidual receives the notification required regard to the civil-service laws, including ‘‘Sec. under paragraph (3). parts II and III of title 5, United States ‘‘11001. Enhanced personnel security pro- ‘‘(2) RESULTS.—The head of an agency shall Code.’’. grams. take appropriate action if a review under (b) EFFECTIVE DATE.—The amendments ‘‘SEC. 11001. ENHANCED PERSONNEL SECURITY paragraph (1) finds relevant information that made by subsection (a) shall apply with re- PROGRAMS. may affect the continued eligibility of a cov- spect to an appointment under section ‘‘(a) ENHANCED PERSONNEL SECURITY PRO- ered individual to access classified informa- 102A(v) of the National Security Act of 1947 GRAM.—The Director of National Intelligence tion and hold a sensitive position. (50 U.S.C. 3024(v)) made on or after the date shall direct each agency to implement a pro- ‘‘(3) INFORMATION FOR COVERED INDIVID- of the enactment of the Intelligence Author- gram to provide enhanced security review of UALS.—The head of an agency shall ensure ization Act for Fiscal Year 2012 (Public Law covered individuals— that each covered individual is adequately 112–87) and to any proceeding pending on or ‘‘(1) in accordance with this section; and advised of the types of relevant security or filed after the date of the enactment of this ‘‘(2) not later than the earlier of— counterintelligence information the covered section that relates to such an appointment. ‘‘(A) the date that is 5 years after the date individual is required to report to the head TITLE II—CENTRAL INTELLIGENCE AGEN- of the enactment of the Intelligence Author- of the agency. CY RETIREMENT AND DISABILITY SYS- ization Act for Fiscal Year 2016; or ‘‘(4) LIMITATION.—Nothing in this sub- TEM ‘‘(B) the date on which the backlog of over- section shall be construed to affect the au- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. due periodic reinvestigations of covered indi- thority of an agency to determine the appro- There is authorized to be appropriated for viduals is eliminated, as determined by the priate weight to be given to information re- the Central Intelligence Agency Retirement Director of National Intelligence. lating to a covered individual in evaluating and Disability Fund for fiscal year 2016 the ‘‘(b) COMPREHENSIVENESS.— the continued eligibility of the covered indi- sum of $514,000,000. ‘‘(1) SOURCES OF INFORMATION.—The en- vidual. hanced personnel security program of an TITLE III—GENERAL PROVISIONS ‘‘(5) AUTHORITY OF THE PRESIDENT.—Noth- agency shall integrate relevant and appro- ing in this subsection shall be construed as SEC. 301. INCREASE IN EMPLOYEE COMPENSA- priate information from various sources, in- limiting the authority of the President to di- TION AND BENEFITS AUTHORIZED BY LAW. cluding government, publicly available, and rect or perpetuate periodic reinvestigations Appropriations authorized by this Act for commercial data sources, consumer report- of a more comprehensive nature or to dele- salary, pay, retirement, and other benefits ing agencies, social media, and such other gate the authority to direct or perpetuate for Federal employees may be increased by sources as determined by the Director of Na- such reinvestigations. such additional or supplemental amounts as tional Intelligence. ‘‘(6) EFFECT ON OTHER REVIEWS.—Reviews may be necessary for increases in such com- ‘‘(2) TYPES OF INFORMATION.—Information conducted under paragraph (1) are in addi- pensation or benefits authorized by law. obtained and integrated from sources de- tion to investigations and reinvestigations SEC. 302. RESTRICTION ON CONDUCT OF INTEL- scribed in paragraph (1) may include— conducted pursuant to section 3001 of the In- LIGENCE ACTIVITIES. ‘‘(A) information relating to any criminal telligence Reform and Terrorism Prevention The authorization of appropriations by or civil legal proceeding; Act of 2004 (50 U.S.C. 3341). this Act shall not be deemed to constitute ‘‘(B) financial information relating to the ‘‘(d) AUDIT.— authority for the conduct of any intelligence covered individual, including the credit wor- ‘‘(1) IN GENERAL.—Beginning 2 years after activity which is not otherwise authorized thiness of the covered individual; the date of the implementation of the en- by the Constitution or the laws of the United ‘‘(C) publicly available information, wheth- hanced personnel security program of an States. er electronic, printed, or other form, includ- agency under subsection (a), the Inspector SEC. 303. PROVISION OF INFORMATION AND AS- ing relevant security or counterintelligence General of the agency shall conduct at least SISTANCE TO INSPECTOR GENERAL information about the covered individual or 1 audit to assess the effectiveness and fair- OF THE INTELLIGENCE COMMUNITY. information that may suggest ill intent, vul- ness, which shall be determined in accord- Section 103H(j)(4) of the National Security nerability to blackmail, compulsive behav- ance with performance measures and stand- Act of 1947 (50 U.S.C. 3033(j)(4)) is amended— ior, allegiance to another country, change in ards established by the Director of National

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Intelligence, to covered individuals of the (b) DEFINITIONS.—In this section: (1) trends in the use of tunnels by foreign enhanced personnel security program of the (1) CALL DETAIL RECORD.—The term ‘‘call state and nonstate actors; and agency. detail record’’ has the meaning given that (2) collaboration efforts between the ‘‘(2) SUBMISSIONS TO DNI.—The results of term in section 501(k) of the Foreign Intel- United States and partner countries to ad- each audit conducted under paragraph (1) ligence Surveillance Act of 1978 (50 U.S.C. dress the use of tunnels by adversaries. shall be submitted to the Director of Na- 1861(k)). SEC. 310. REPORTING PROCESS REQUIRED FOR tional Intelligence to assess the effectiveness (2) ELECTRONIC COMMUNICATION SERVICE TRACKING CERTAIN REQUESTS FOR and fairness of the enhanced personnel secu- PROVIDER.—The term ‘‘electronic commu- COUNTRY CLEARANCE. rity programs across the Federal Govern- nication service provider’’ has the meaning (a) IN GENERAL.—By not later than Sep- ment. given that term in section 701(b)(4) of the tember 30, 2016, the Director of National In- ‘‘(e) DEFINITIONS.—In this section— Foreign Intelligence Surveillance Act of 1978 telligence shall establish a formal internal ‘‘(1) the term ‘agency’ has the meaning (50 U.S.C. 1881(b)(4)). reporting process for tracking requests for given that term in section 3001 of the Intel- SEC. 308. PERSONNEL INFORMATION NOTIFICA- country clearance submitted to overseas Di- ligence Reform and Terrorism Prevention TION POLICY BY THE DIRECTOR OF rector of National Intelligence representa- Act of 2004 (50 U.S.C. 3341); NATIONAL INTELLIGENCE. tives by departments and agencies of the ‘‘(2) the term ‘consumer reporting agency’ (a) DIRECTIVE REQUIRED.—The Director of United States. Such reporting process shall has the meaning given that term in section National Intelligence shall issue a directive include a mechanism for tracking the de- 603 of the Fair Credit Reporting Act (15 containing a written policy for the timely partment or agency that submits each such U.S.C. 1681a); notification to the congressional intelligence request and the date on which each such re- ‘‘(3) the term ‘covered individual’ means an committees of the identities of individuals quest is submitted. individual employed by an agency or a con- occupying senior level positions within the (b) CONGRESSIONAL BRIEFING.—By not later tractor of an agency who has been deter- intelligence community. than December 31, 2016, the Director of Na- mined eligible for access to classified infor- (b) SENIOR LEVEL POSITION.—In identifying tional Intelligence shall brief the congres- mation or eligible to hold a sensitive posi- positions that are senior level positions in sional intelligence committees on the tion; the intelligence community for purposes of progress of the Director in establishing the ‘‘(4) the term ‘enhanced personnel security the directive required under subsection (a), process required under subsection (a). program’ means a program implemented by the Director of National Intelligence shall consider whether a position— SEC. 311. STUDY ON REDUCTION OF ANALYTIC an agency at the direction of the Director of DUPLICATION. (1) constitutes the head of an entity or a National Intelligence under subsection (a); (a) STUDY AND REPORT.— significant component within an agency; and’’. (1) IN GENERAL.—Not later than January 31, (2) is involved in the management or over- (2) TECHNICAL AND CONFORMING AMEND- 2016, the Director of National Intelligence sight of matters of significant import to the MENT.—The table of chapters for part III of shall— leadership of an entity of the intelligence title 5, United States Code, is amended by (A) carry out a study to evaluate and community; adding at the end following: measure the incidence of duplication in fin- (3) provides significant responsibility on ‘‘Subpart J—Enhanced Personnel Security ished intelligence analysis products; and behalf of the intelligence community; Programs (B) submit to the congressional intel- (4) requires the management of a signifi- ‘‘110. Enhanced personnel security ligence committees a report on the findings cant number of personnel or funds; programs ...... 11001’’. of such study. (5) requires responsibility management or (b) RESOLUTION OF BACKLOG OF OVERDUE (2) METHODOLOGY REQUIREMENTS.—The oversight of sensitive intelligence activities; PERIODIC REINVESTIGATIONS.— methodology used to carry out the study re- and (1) IN GENERAL.—The Director of National quired by this subsection shall be able to be (6) is held by an individual designated as a Intelligence shall develop and implement a repeated for use in other subsequent studies. senior intelligence management official as plan to eliminate the backlog of overdue (b) ELEMENTS.—The report required by sub- periodic reinvestigations of covered individ- such term is defined in section 368(a)(6) of section (a)(1)(B) shall include— uals. the Intelligence Authorization Act for Fiscal (1) detailed information— (2) REQUIREMENTS.—The plan developed Year 2010 (Public Law 111–259; 50 U.S.C. 404i– (A) relating to the frequency of duplication under paragraph (1) shall— 1 note). of finished intelligence analysis products; (c) NOTIFICATION.—The Director shall en- (A) use a risk-based approach to— and sure that each notification under the direc- (i) identify high-risk populations; and (B) that describes the types of, and the rea- (ii) prioritize reinvestigations that are due tive issued under subsection (a) includes each of the following: sons for, any such duplication; and or overdue to be conducted; and (2) a determination as to whether to make (B) use random automated record checks of (1) The name of the individual occupying the position. the production of such information a routine covered individuals that shall include all part of the mission of the Analytic Integrity covered individuals in the pool of individuals (2) Any previous senior level position held by the individual, if applicable, or the posi- and Standards Group. subject to a one-time check. (c) CUSTOMER IMPACT PLAN.—Not later tion held by the individual immediately (3) DEFINITIONS.—In this subsection: than 180 days after the date of the enactment prior to the appointment. (A) The term ‘‘covered individual’’ means of this Act, the Director of National Intel- (3) The position to be occupied by the indi- an individual who has been determined eligi- ligence shall submit to the congressional in- vidual. ble for access to classified information or eli- telligence committees a plan for revising (4) Any other information the Director de- gible to hold a sensitive position. analytic practice, tradecraft, and standards termines appropriate. (B) The term ‘‘periodic reinvestigations’’ to ensure customers are able to clearly iden- has the meaning given such term in section (d) RELATIONSHIP TO OTHER LAWS.—The di- rective issued under subsection (a) and any tify— 3001(a)(7) of the Intelligence Reform and Ter- (1) the manner in which intelligence prod- rorism Prevention Act of 2004 (50 U.S.C. amendment to such directive shall be con- sistent with the provisions of the National ucts written on similar topics and that are 3341(a)(7)). Security Act of 1947 (50 U.S.C. 401 et seq.). produced contemporaneously differ from one SEC. 307. NOTIFICATION OF CHANGES TO RETEN- (e) SUBMISSION.—Not later than 90 days another in terms of methodology, sourcing, TION OF CALL DETAIL RECORD after the date of the enactment of this Act, or other distinguishing analytic characteris- POLICIES. the Director shall submit to the congres- tics; and (a) REQUIREMENT TO RETAIN.— sional intelligence committees the directive (2) the significance of that difference. (1) IN GENERAL.—Not later than 15 days issued under subsection (a). (d) CONSTRUCTION.—Nothing in this section after learning that an electronic commu- may be construed to impose any requirement nication service provider that generates call SEC. 309. DESIGNATION OF LEAD INTELLIGENCE OFFICER FOR TUNNELS. that would interfere with the production of detail records in the ordinary course of busi- (a) IN GENERAL.—The Director of National an operationally urgent or otherwise time- ness has changed the policy of the provider Intelligence shall designate an official to sensitive current intelligence product. on the retention of such call detail records manage the collection and analysis of intel- SEC. 312. STRATEGY FOR COMPREHENSIVE to result in a retention period of less than 18 ligence regarding the tactical use of tunnels INTERAGENCY REVIEW OF THE months, the Director of National Intel- by state and nonstate actors. UNITED STATES NATIONAL SECU- ligence shall notify, in writing, the congres- (b) ANNUAL REPORT.—Not later than the RITY OVERHEAD SATELLITE ARCHI- sional intelligence committees of such date that is 10 months after the date of the TECTURE. change. enactment of this Act, and biennially there- (a) REQUIREMENT FOR STRATEGY.—The Di- (2) REPORT.—Not later than 30 days after after until the date that is 4 years after the rector of National Intelligence shall collabo- the date of the enactment of this Act, the date of the enactment of this Act, the Direc- rate with the Secretary of Defense and the Director shall submit to the congressional tor of National Intelligence shall submit to Chairman of the Joint Chiefs of Staff to de- intelligence committees a report identifying the congressional intelligence committees velop a strategy, with milestones and bench- each electronic communication service pro- and the congressional defense committees marks, to ensure that there is a comprehen- vider that has, as of the date of the report, (as such term is defined in section 101(a)(16) sive interagency review of policies and prac- a policy to retain call detail records for a pe- of title 10, United States Code) a report de- tices for planning and acquiring national se- riod of 18 months or less. scribing— curity satellite systems and architectures,

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.006 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8667 including the capabilities of commercial sys- (4) The Committee on Homeland Security Subtitle B—Central Intelligence Agency and tems and partner countries, consistent with of the House of Representatives and the Other Elements the National Space Policy issued on June 28, Committee on Homeland Security and Gov- SEC. 411. AUTHORITIES OF THE INSPECTOR GEN- 2010. Such strategy shall, where applicable, ernmental Affairs of the Senate. ERAL FOR THE CENTRAL INTEL- account for the unique missions and authori- LIGENCE AGENCY. TITLE IV—MATTERS RELATING TO ELE- ties vested in the Department of Defense and (a) INFORMATION AND ASSISTANCE.—Para- MENTS OF THE INTELLIGENCE COMMU- the intelligence community. graph (9) of section 17(e) of the Central Intel- NITY (b) ELEMENTS.—The strategy required by ligence Agency Act of 1949 (50 U.S.C. subsection (a) shall ensure that the United Subtitle A—Office of the Director of National 3517(e)(9)) is amended to read as follows: States national security overhead satellite Intelligence ‘‘(9)(A) The Inspector General may request architecture— such information or assistance as may be (1) meets the needs of the United States in SEC. 401. APPOINTMENT AND CONFIRMATION OF necessary for carrying out the duties and re- peace time and is resilient in war time; THE NATIONAL COUNTERINTEL- LIGENCE EXECUTIVE. sponsibilities of the Inspector General pro- (2) is fiscally responsible; vided by this section from any Federal, (3) accurately takes into account cost and (a) IN GENERAL.—Section 902(a) of the State, or local governmental agency or unit performance tradeoffs; Counterintelligence Enhancement Act of thereof. (4) meets realistic requirements; 2002 (50 U.S.C. 3382) is amended to read as fol- ‘‘(B) Upon request of the Inspector General (5) produces excellence, innovation, com- lows: for information or assistance from a depart- petition, and a robust industrial base; ‘‘(a) ESTABLISHMENT.—There shall be a Na- ment or agency of the Federal Government, (6) aims to produce in less than 5 years in- tional Counterintelligence Executive who the head of the department or agency in- novative satellite systems that are able to shall be appointed by the President, by and volved, insofar as practicable and not in con- leverage common, standardized design ele- with the advice and consent of the Senate.’’. travention of any existing statutory restric- ments and commercially available tech- tion or regulation of such department or nologies; (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on agency, shall furnish to the Inspector Gen- (7) takes advantage of rapid advances in eral, or to an authorized designee, such in- commercial technology, innovation, and the date that is one year after the date of the enactment of this Act. formation or assistance. commercial-like acquisition practices; ‘‘(C) Nothing in this paragraph may be con- (8) is open to innovative concepts, such as SEC. 402. TECHNICAL AMENDMENTS RELATING strued to provide any new authority to the distributed, disaggregated architectures, TO PAY UNDER TITLE 5, UNITED Central Intelligence Agency to conduct in- that could allow for better resiliency, recon- STATES CODE. telligence activity in the United States. stitution, replenishment, and rapid techno- Section 5102(a)(1) of title 5, United States ‘‘(D) In this paragraph, the term ‘State’ logical refresh; and Code, is amended— means each of the several States, the Dis- (9) emphasizes deterrence and recognizes (1) in clause (vii), by striking ‘‘or’’; trict of Columbia, the Commonwealth of the importance of offensive and defensive (2) by inserting after clause (vii) the fol- Puerto Rico, the Commonwealth of the space control capabilities. lowing new clause: Northern Mariana Islands, and any territory (c) REPORT ON STRATEGY.—Not later than ‘‘(viii) the Office of the Director of Na- or possession of the United States.’’. February 28, 2016, the Director of National tional Intelligence;’’; and (b) TECHNICAL AMENDMENTS RELATING TO Intelligence, the Secretary of Defense, and (3) in clause (x), by striking the period and SELECTION OF EMPLOYEES.—Paragraph (7) of the Chairman of the Joint Chiefs of Staff inserting a semicolon. shall jointly submit to the congressional in- such section (50 U.S.C. 3517(e)(7)) is amend- telligence committees, the Committee on SEC. 403. ANALYTIC OBJECTIVITY REVIEW. ed— (1) by inserting ‘‘(A)’’ before ‘‘Subject to Armed Services of the Senate, and the Com- (a) ASSESSMENT.—The Director of National mittee on Armed Services of the House of applicable law’’; and Intelligence shall assign the Chief of the (2) by adding at the end the following new Representatives a report on the strategy re- Analytic Integrity and Standards Group to quired by subsection (a). subparagraph: conduct a review of finished intelligence ‘‘(B) Consistent with budgetary and per- SEC. 313. CYBER ATTACK STANDARDS OF MEAS- products produced by the Central Intel- sonnel resources allocated by the Director, UREMENT STUDY. ligence Agency to assess whether the reorga- (a) STUDY REQUIRED.—The Director of Na- the Inspector General has final approval of— nization of the Agency, announced publicly tional Intelligence, in consultation with the ‘‘(i) the selection of internal and external on March 6, 2015, has resulted in any loss of Secretary of Homeland Security, the Direc- candidates for employment with the Office of analytic objectivity. tor of the Federal Bureau of Investigation, Inspector General; and and the Secretary of Defense, shall carry out (b) SUBMISSION.—Not later than March 6, ‘‘(ii) all other personnel decisions con- a study to determine appropriate standards 2017, the Director of National Intelligence cerning personnel permanently assigned to that— shall submit to the congressional intel- the Office of Inspector General, including se- (1) can be used to measure the damage of ligence committees, in writing, the results of lection and appointment to the Senior Intel- cyber incidents for the purposes of deter- the review required under subsection (a), in- ligence Service, but excluding all security- mining the response to such incidents; and cluding— based determinations that are not within the (2) include a method for quantifying the (1) an assessment comparing the analytic authority of a head of other Central Intel- damage caused to affected computers, sys- objectivity of a representative sample of fin- ligence Agency offices.’’. tems, and devices. ished intelligence products produced by the SEC. 412. PRIOR CONGRESSIONAL NOTIFICATION (b) REPORTS TO CONGRESS.— Central Intelligence Agency before the reor- OF TRANSFERS OF FUNDS FOR CER- (1) PRELIMINARY FINDINGS.—Not later than ganization and a representative sample of TAIN INTELLIGENCE ACTIVITIES. 180 days after the date of the enactment of such finished intelligence products produced (a) LIMITATION.—Except as provided in sub- this Act, the Director of National Intel- after the reorganization, predicated on the section (b), none of the funds authorized to ligence shall submit to the appropriate con- products’ communication of uncertainty, ex- be appropriated by this Act or otherwise gressional committees the initial findings of pression of alternative analysis, and other made available for the intelligence commu- the study required under subsection (a). underlying evaluative criteria referenced in nity for fiscal year 2016 may be used to ini- (2) REPORT.—Not later than 360 days after the Strategic Evaluation of All-Source Anal- tiate a transfer of funds from the Joint Im- the date of the enactment of this Act, the ysis directed by the Director; provised Explosive Device Defeat Fund or Director of National Intelligence shall sub- (2) an assessment comparing the historical the Counterterrorism Partnerships Fund to mit to the appropriate congressional com- results of anonymous surveys of Central In- be used for intelligence activities unless the mittees a report containing the complete telligence Agency and customers conducted Director of National Intelligence or the Sec- findings of such study. before the reorganization and the results of retary of Defense, as appropriate, submits to (3) FORM OF REPORT.—The report required such anonymous surveys conducted after the the congressional intelligence committees, by paragraph (2) shall be submitted in un- reorganization, with a focus on the analytic by not later than 30 days before initiating classified form, but may contain a classified standard of objectivity; such a transfer, written notice of the trans- annex. (3) a metrics-based evaluation measuring fer. (c) APPROPRIATE CONGRESSIONAL COMMIT- the effect that the reorganization’s integra- (b) WAIVER.— TEES DEFINED.—In this section, the term tion of operational, analytic, support, tech- (1) IN GENERAL.—The Director of National ‘‘appropriate congressional committees’’ nical, and digital personnel and capabilities Intelligence or the Secretary of Defense, as means the following: into Mission Centers has had on analytic ob- appropriate, may waive subsection (a) with (1) The congressional intelligence commit- jectivity; and respect to the initiation of a transfer of tees. (4) any recommendations for ensuring that funds if the Director or Secretary, as the (2) The Committees on Armed Services of analysts of the Central Intelligence Agency case may be, determines that an emergency the House of Representatives and the Senate. perform their functions with objectivity, are situation makes it impossible or impractical (3) The Committee on Foreign Affairs of not unduly constrained, and are not influ- to provide the notice required under such the House of Representatives and the Com- enced by the force of preference for a par- subsection by the date that is 30 days before mittee on Foreign Relations of the Senate. ticular policy. such initiation.

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(2) NOTICE.—If the Director or Secretary (2) The Committees on Armed Services of key supervisory position at a United States issues a waiver under paragraph (1), the Di- the House of Representatives and the Senate. diplomatic facility in Cuba is occupied by a rector or Secretary, as the case may be, shall (3) The Committee on Foreign Affairs of citizen of the United States. submit to the congressional intelligence the House of Representatives and the Com- (2) EXTENSION.—The Secretary of State committees, by not later than 48 hours after mittee on Foreign Relations of the Senate. may extend the deadline to carry out para- the initiation of the transfer of funds cov- SEC. 503. ASSESSMENT ON THE USE OF POLIT- graph (1) by not more than one year if the ered by the waiver, written notice of the ICAL ASSASSINATIONS AS A FORM Secretary submits to the appropriate con- waiver and a justification for the waiver, in- OF STATECRAFT BY THE RUSSIAN gressional committees written notification cluding a description of the emergency situa- FEDERATION. and justification of such extension before tion that necessitated the waiver. (a) REQUIREMENT FOR ASSESSMENT.—Not making such extension. later than 180 days after the date of the en- (b) REPORT.—Not later than 180 days after TITLE V—MATTERS RELATING TO actment of this Act, the Director of National the date of the enactment of this Act, the FOREIGN COUNTRIES Intelligence shall submit to the appropriate Secretary of State, in coordination with the Subtitle A—Matters Relating to Russia congressional committees an intelligence heads of other appropriate departments or SEC. 501. NOTICE OF DEPLOYMENT OR TRANS- community assessment on the use of polit- agencies of the Federal Government, shall FER OF CLUB–K CONTAINER MIS- ical assassinations as a form of statecraft by submit to the appropriate congressional SILE SYSTEM BY THE RUSSIAN FED- the Russian Federation since January 1, 2000. committees a report on— ERATION. (b) CONTENT.—The assessment required by (1) the progress made by the Secretary (a) NOTICE TO CONGRESS.—The Director of subsection (a) shall include— with respect to carrying out subsection National Intelligence shall submit to the ap- (1) a list of Russian politicians, business- (a)(1); and propriate congressional committees written men, dissidents, journalists, current or (2) the use of locally employed staff in notice if the intelligence community re- former government officials, foreign heads- United States diplomatic facilities, includ- ceives intelligence that the Russian Federa- of-state, foreign political leaders, foreign ing— tion has— journalists, members of nongovernmental or- (A) the number of such staff; (1) deployed, or is about to deploy, the ganizations, and other relevant individuals (B) the responsibilities of such staff; Club–K container missile system through the that the intelligence community assesses (C) the manner in which such staff are se- Russian military; or were assassinated by Russian Security Serv- lected, including efforts to mitigate counter- (2) transferred or sold, or intends to trans- ices, or agents of such services, since Janu- intelligence threats to the United States; fer or sell, the Club–K container missile sys- ary 1, 2000; and and tem to another state or non-state actor. (2) for each individual described in para- (D) the potential cost and effect on the (b) NOTICE TO CONGRESSIONAL INTELLIGENCE graph (1), the country in which the assas- operational capacity of the diplomatic facil- COMMITTEES.—Not later than 30 days after sination took place, the means used, associ- ity if the number of such staff was reduced. the date on which the Director submits a no- ated individuals and organizations, and other (c) APPROPRIATE CONGRESSIONAL COMMIT- tice under subsection (a), the Director shall background information related to the assas- TEES DEFINED.—In this section, the term submit to the congressional intelligence sination of the individual. ‘‘appropriate congressional committees’’ committees a written update regarding any (c) APPROPRIATE CONGRESSIONAL COMMIT- means— intelligence community engagement with a TEES DEFINED.—In this section, the term (1) the congressional intelligence commit- foreign partner on the deployment and im- ‘‘appropriate congressional committees’’ tees; pacts of a deployment of the Club–K con- means the following: (2) the Committee on Foreign Relations tainer missile system to any potentially im- (1) The congressional intelligence commit- and the Committee on Appropriations of the pacted nation. tees. Senate; and (c) APPROPRIATE CONGRESSIONAL COMMIT- (2) The Committees on Armed Services of (3) the Committee on Foreign Affairs and TEES DEFINED.—In this section, the term the House of Representatives and the Senate. the Committee on Appropriations of the ‘‘appropriate congressional committees’’ (3) The Committee on Foreign Affairs of House of Representatives. means the following: the House of Representatives and the Com- SEC. 513. INCLUSION OF SENSITIVE COMPART- (1) The congressional intelligence commit- mittee on Foreign Relations of the Senate. MENTED INFORMATION FACILITIES tees. IN UNITED STATES DIPLOMATIC FA- Subtitle B—Matters Relating to Other CILITIES IN CUBA. (2) The Committees on Armed Services of Countries the House of Representatives and the Senate. (a) RESTRICTED ACCESS SPACE REQUIRE- SEC. 511. REPORT ON RESOURCES AND COLLEC- MENT.—The Secretary of State shall ensure (3) The Committee on Foreign Affairs of TION POSTURE WITH REGARD TO the House of Representatives and the Com- that each United States diplomatic facility THE SOUTH CHINA SEA AND EAST in Cuba that, after the date of the enactment mittee on Foreign Relations of the Senate. CHINA SEA. of this Act, is constructed or undergoes a SEC. 502. ASSESSMENT ON FUNDING OF POLIT- (a) IN GENERAL.—Not later than 180 days construction upgrade includes a sensitive ICAL PARTIES AND NONGOVERN- after the date of the enactment of this Act, compartmented information facility. MENTAL ORGANIZATIONS BY THE the Director of National Intelligence shall (b) NATIONAL SECURITY WAIVER.—The Sec- RUSSIAN FEDERATION. submit to the congressional intelligence retary of State may waive the requirement (a) IN GENERAL.—Not later than 180 days committees an intelligence community as- under subsection (a) if the Secretary— after the date of the enactment of this Act, sessment on the resources used for collection (1) determines that such waiver is in the the Director of National Intelligence shall efforts and the collection posture of the in- national security interest of the United submit to the appropriate congressional telligence community with regard to the States; committees an intelligence community as- South China Sea and East China Sea. (2) submits to the appropriate congres- sessment on the funding of political parties (b) ELEMENTS.—The intelligence commu- sional committees written justification for and nongovernmental organizations in nity assessment required by subsection (a) such waiver; and former Soviet states and countries in Europe shall provide detailed information related to (3) a period of 90 days elapses following the by the Russian Security Services since Janu- intelligence collection by the United States date of such submission. ary 1, 2006. Such assessment shall include the with regard to the South China Sea and East (c) APPROPRIATE CONGRESSIONAL COMMIT- following: China Sea, including— TEES DEFINED.—In this section, the term (1) The country involved, the entity fund- (1) a review of intelligence community col- ‘‘appropriate congressional committees’’ ed, the security service involved, and the in- lection activities and a description of these means— tended effect of the funding. activities, including the lead agency, key (1) the congressional intelligence commit- (2) An evaluation of such intended effects, partners, purpose of collection activity, an- tees; including with respect to— nual funding and personnel, the manner in (2) the Committee on Foreign Relations (A) undermining the political cohesion of which the collection is conducted, and types and the Committee on Appropriations of the the country involved; of information collected; Senate; and (B) undermining the missile defense of the (2) an explanation of how the intelligence (3) the Committee on Foreign Affairs and United States and the North Atlantic Treaty community prioritizes and coordinates col- the Committee on Appropriations of the Organization; and lection activities focused on such region; and House of Representatives. (C) undermining energy projects that could (3) a description of any collection and SEC. 514. REPORT ON USE BY IRAN OF FUNDS provide an alternative to Russian energy. resourcing gaps and efforts being made to ad- MADE AVAILABLE THROUGH SANC- (b) FORM.—The report under subsection (a) dress such gaps. TIONS RELIEF. shall be submitted in unclassified form, but SEC. 512. USE OF LOCALLY EMPLOYED STAFF (a) IN GENERAL.—At the times specified in may include a classified annex. SERVING AT A UNITED STATES DIP- subsection (b), the Director of National In- (c) APPROPRIATE CONGRESSIONAL COMMIT- LOMATIC FACILITY IN CUBA. telligence, in consultation with the Sec- TEES DEFINED.—In this section, the term (a) SUPERVISORY REQUIREMENT.— retary of the Treasury, shall submit to the ‘‘appropriate congressional committees’’ (1) IN GENERAL.—Except as provided in appropriate congressional committees a re- means the following: paragraph (2), not later than one year after port assessing the following: (1) The congressional intelligence commit- the date of the enactment of this Act, the (1) The monetary value of any direct or in- tees. Secretary of State shall ensure that each direct forms of sanctions relief that Iran has

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.006 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8669 received since the Joint Plan of Action first TITLE VI—MATTERS RELATING TO TITLE VII—REPORTS AND OTHER entered into effect. UNITED STATES NAVAL STATION, GUAN- MATTERS (2) How Iran has used funds made available TANAMO BAY, CUBA Subtitle A—Reports through sanctions relief, including the ex- SEC. 601. PROHIBITION ON USE OF FUNDS FOR SEC. 701. REPEAL OF CERTAIN REPORTING RE- tent to which any such funds have facilitated QUIREMENTS. the ability of Iran— TRANSFER OR RELEASE OF INDIVID- UALS DETAINED AT UNITED STATES (a) QUADRENNIAL AUDIT OF POSITIONS RE- (A) to provide support for— NAVAL STATION, GUANTANAMO BAY, QUIRING SECURITY CLEARANCES.—Section (i) any individual or entity designated for CUBA, TO THE UNITED STATES. 506H of the National Security Act of 1947 (50 the imposition of sanctions for activities re- No amounts authorized to be appropriated U.S.C. 3104) is amended— lating to international terrorism pursuant to (1) by striking subsection (a); an executive order or by the Office of For- or otherwise made available to an element of the intelligence community may be used (2) by redesignating subsections (b) and (c) eign Assets Control of the Department of the as subsections (a) and (b), respectively; and Treasury as of the date of the enactment of during the period beginning on the date of the enactment of this Act and ending on De- (3) in subsection (b), as so redesignated, by this Act; striking ‘‘The results required under sub- (ii) any organization designated by the cember 31, 2016, to transfer, release, or assist in the transfer or release, to or within the section (a)(2) and the reports required under Secretary of State as a foreign terrorist or- subsection (b)(1)’’ and inserting ‘‘The reports ganization under section 219(a) of the Immi- United States, its territories, or possessions, Khalid Sheikh Mohammed or any other de- required under subsection (a)(1)’’. gration and Nationality Act (8 U.S.C. 1189(a)) (b) REPORTS ON ROLE OF ANALYSTS AT as of the date of the enactment of this Act; tainee who— (1) is not a United States citizen or a mem- FBI.—Section 2001(g) of the Intelligence Re- (iii) any other terrorist organization; or form and Terrorism Prevention Act of 2004 (iv) the regime of Bashar al Assad in Syria; ber of the Armed Forces of the United States; and (Public Law 108–458; 118 Stat. 3700; 28 U.S.C. (B) to advance the efforts of Iran or any 532 note) is amended by striking paragraph other country to develop nuclear weapons or (2) is or was held on or after January 20, 2009, at United States Naval Station, Guan- (3) and redesignating paragraph (4) as para- ballistic missiles overtly or covertly; or graph (3). (C) to commit any violation of the human tanamo Bay, Cuba, by the Department of De- fense. (c) REPORT ON OUTSIDE EMPLOYMENT BY OF- rights of the people of Iran. FICERS AND EMPLOYEES OF INTELLIGENCE COM- (3) The extent to which any senior official SEC. 602. PROHIBITION ON USE OF FUNDS TO MUNITY.— of the Government of Iran has diverted any CONSTRUCT OR MODIFY FACILITIES (1) IN GENERAL.—Section 102A(u) of the Na- funds made available through sanctions re- IN THE UNITED STATES TO HOUSE tional Security Act of 1947 (50 U.S.C. 3024(u)) lief to be used by the official for personal DETAINEES TRANSFERRED FROM is amended— use. UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. (A) by striking ‘‘(1) The Director’’ and in- (b) SUBMISSION TO CONGRESS.— serting ‘‘The Director’’; and (a) IN GENERAL.—No amounts authorized to (1) IN GENERAL.—The Director shall submit (B) by striking paragraph (2). the report required by subsection (a) to the be appropriated or otherwise made available (2) CONFORMING AMENDMENT.—Subsection appropriate congressional committees— to an element of the intelligence community (a) of section 507 of such Act (50 U.S.C. 3106) (A) not later than 180 days after the date of may be used during the period beginning on is amended— the enactment of this Act and every 180 days the date of the enactment of this Act and (A) by striking paragraph (5); and thereafter during the period that the Joint ending on December 31, 2016, to construct or (B) by redesignating paragraph (6) as para- Plan of Action is in effect; and modify any facility in the United States, its graph (5). (B) not later than 1 year after a subsequent territories, or possessions to house any indi- (3) TECHNICAL AMENDMENT.—Subsection agreement with Iran relating to the nuclear vidual detained at Guantanamo for the pur- (c)(1) of such section 507 is amended by strik- program of Iran takes effect and annually poses of detention or imprisonment in the ing ‘‘subsection (a)(1)’’ and inserting ‘‘sub- thereafter during the period that such agree- custody or under the control of the Depart- section (a)’’. ment remains in effect. ment of Defense unless authorized by Con- (d) REPORTS ON NUCLEAR ASPIRATIONS OF gress. (2) NONDUPLICATION.—The Director may NON-STATE ENTITIES.—Section 1055 of the Na- submit the information required by sub- (b) EXCEPTION.—The prohibition in sub- tional Defense Authorization Act for Fiscal section (a) with a report required to be sub- section (a) shall not apply to any modifica- Year 2010 (50 U.S.C. 2371) is repealed. mitted to Congress under another provision tion of facilities at United States Naval Sta- (e) REPORTS ON ESPIONAGE BY PEOPLE’S RE- of law if— tion, Guantanamo Bay, Cuba. PUBLIC OF CHINA.—Section 3151 of the Na- (A) the Director notifies the appropriate tional Defense Authorization Act for Fiscal (c) INDIVIDUAL DETAINED AT GUANTANAMO Year 2000 (42 U.S.C. 7383e) is repealed. congressional committees of the intention of DEFINED.—In this section, the term ‘‘indi- making such submission before submitting (f) REPORTS ON SECURITY VULNERABILITIES vidual detained at Guantanamo’’ means any OF NATIONAL LABORATORY COMPUTERS.—Sec- that report; and individual located at United States Naval (B) all matters required to be covered by tion 4508 of the Atomic Energy Defense Act Station, Guantanamo Bay, Cuba, as of Octo- (50 U.S.C. 2659) is repealed. subsection (a) are included in that report. ber 1, 2009, who— SEC. 702. REPORTS ON FOREIGN FIGHTERS. (c) FORM OF REPORTS.—Each report re- (1) is not a citizen of the United States or (a) REPORTS REQUIRED.—Not later than 60 quired by subsection (a) shall be submitted a member of the Armed Forces of the United days after the date of the enactment of this in unclassified form, but may include a clas- States; and Act, and every 60 days thereafter, the Direc- sified annex. (2) is— tor of National Intelligence shall submit to (A) in the custody or under the control of (d) DEFINITIONS.—In this section: the congressional intelligence committees a the Department of Defense; or (1) APPROPRIATE CONGRESSIONAL COMMIT- report on foreign fighter flows to and from (B) otherwise under detention at United TEES.—The term ‘‘appropriate congressional Syria and to and from Iraq. The Director States Naval Station, Guantanamo Bay, committees’’ means— shall define the term ‘‘foreign fighter’’ in Cuba. (A) the Committee on Banking, Housing, such reports. and Urban Affairs, the Committee on Fi- SEC. 603. PROHIBITION ON USE OF FUNDS FOR (b) MATTERS TO BE INCLUDED.—Each report nance, the Committee on Foreign Relations, TRANSFER OR RELEASE TO CERTAIN submitted under subsection (a) shall include and the Select Committee on Intelligence of COUNTRIES OF INDIVIDUALS DE- each of the following: the Senate; and TAINED AT UNITED STATES NAVAL (1) The total number of foreign fighters (B) the Committee on Financial Services, STATION, GUANTANAMO BAY, CUBA. who have traveled to Syria or Iraq since Jan- the Committee on Foreign Affairs, the Com- No amounts authorized to be appropriated uary 1, 2011, the total number of foreign mittee on Ways and Means, and the Perma- or otherwise made available to an element of fighters in Syria or Iraq as of the date of the nent Select Committee on Intelligence of the the intelligence community may be used submittal of the report, the total number of House of Representatives. during the period beginning on the date of foreign fighters whose countries of origin (2) JOINT PLAN OF ACTION.—The term ‘‘Joint the enactment of this Act and ending on De- have a visa waiver program described in sec- Plan of Action’’ means the Joint Plan of Ac- cember 31, 2016, to transfer, release, or assist tion 217 of the Immigration and Nationality tion, signed at Geneva November 24, 2013, by in the transfer or release of any individual Act (8 U.S.C. 1187), the total number of for- Iran and by France, Germany, the Russian detained in the custody or under the control eign fighters who have left Syria or Iraq, the Federation, the People’s Republic of China, of the Department of Defense at United total number of female foreign fighters, and the United Kingdom, and the United States, States Naval Station, Guantanamo Bay, the total number of deceased foreign fight- and all implementing materials and agree- Cuba, to the custody or control of any coun- ers. ments related to the Joint Plan of Action, try, or any entity within such country, as (2) The total number of United States per- including the technical understandings follows: sons who have traveled or attempted to trav- reached on January 12, 2014, the extension (1) Libya. el to Syria or Iraq since January 1, 2011, the thereto agreed to on July 18, 2014, and the ex- (2) Somalia. total number of such persons who have ar- tension thereto agreed to on November 24, (3) Syria. rived in Syria or Iraq since such date, and 2014. (4) Yemen. the total number of such persons who have

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returned to the United States from Syria or (3) ELEMENTS.—The report under by para- (b) MATTERS INCLUDED.—The report under Iraq since such date. graph (1) shall include each of the following: subsection (a) shall include the following: (3) The total number of foreign fighters in (A) A definition of— (1) The effects, if any, of the data breach the Terrorist Identities Datamart Environ- (i) core al-Qa’ida, including a list of which on the operations of the intelligence commu- ment and the status of each such foreign known individuals constitute core al-Qa’ida; nity abroad, including the types of oper- fighter in that database, the number of such (ii) the Islamic State, including a list of ations, if any, that have been negatively af- foreign fighters who are on a watchlist, and which known individuals constitute Islamic fected or entirely suspended or terminated as the number of such foreign fighters who are State leadership; a result of the data breach. not on a watchlist. (iii) an affiliated group of the Islamic (2) An assessment of the effects of the data (4) The total number of foreign fighters State or al-Qa’ida, including a list of which breach on each element of the intelligence who have been processed with biometrics, in- known groups constitute an affiliate group community. cluding face images, fingerprints, and iris of the Islamic State or al-Qa’ida; (3) An assessment of how foreign persons, scans. (iv) an associated group of the Islamic groups, or countries may use the data col- (5) Any programmatic updates to the for- State or al-Qa’ida, including a list of which lected by the data breach (particularly re- eign fighter report since the last report was known groups constitute an associated group garding information included in background submitted, including updated analysis on of the Islamic State or al-Qa’ida; investigations for security clearances), in- foreign country cooperation, as well as ac- (v) an adherent of the Islamic State or al- cluding with respect to— tions taken, such as denying or revoking Qa’ida, including a list of which known (A) recruiting intelligence assets; visas. groups constitute an adherent of the Islamic (B) influencing decisionmaking processes (6) A worldwide graphic that describes for- State or al-Qa’ida; and within the Federal Government, including eign fighters flows to and from Syria, with (vi) a group aligned with the Islamic State regarding foreign policy decisions; and points of origin by country. or al-Qa’ida, including a description of what (C) compromising employees of the Federal (c) ADDITIONAL REPORT.—Not later than 180 actions a group takes or statements it Government and friends and families of such days after the date of the enactment of this makes that qualify it as a group aligned with employees for the purpose of gaining access Act, the Director of National Intelligence the Islamic State or al-Qa’ida. to sensitive national security and economic shall submit to the congressional intel- (B) An assessment of the relationship be- information. ligence committees a report that includes— tween all identified Islamic State or al- (4) An assessment of which departments or (1) with respect to the travel of foreign Qa’ida affiliated groups, associated groups, agencies of the Federal Government use the fighters to and from Iraq and Syria, a de- and adherents with Islamic State leadership best practices to protect sensitive data, in- scription of the intelligence sharing rela- or core al-Qa’ida. cluding a summary of any such best prac- tionships between the United States and (C) An assessment of the strengthening or tices that were not used by the Office of Per- member states of the European Union and weakening of the Islamic State or al-Qa’ida, sonnel Management. member states of the North Atlantic Treaty its affiliated groups, associated groups, and (5) An assessment of the best practices Organization; and adherents, from January 1, 2010, to the used by the departments or agencies identi- (2) an analysis of the challenges impeding present, including a description of the fied under paragraph (4) to identify and fix such intelligence sharing relationships. metrics that are used to assess strength- potential vulnerabilities in the systems of (d) FORM.—The reports submitted under ening or weakening and an assessment of the the department or agency. subsections (a) and (c) may be submitted in relative increase or decrease in violent at- (c) BRIEFING.—The Director of National In- classified form. tacks attributed to such entities. telligence shall provide to the congressional (e) TERMINATION.—The requirement to sub- (D) An assessment of whether an individual intelligence committees an interim briefing mit reports under subsection (a) shall termi- can be a member of core al-Qa’ida if such in- on the report under subsection (a), including nate on the date that is 3 years after the dividual is not located in Afghanistan or a discussion of proposals and options for re- date of the enactment of this Act. Pakistan. sponding to cyber attacks. SEC. 703. REPORT ON STRATEGY, EFFORTS, AND (E) An assessment of whether an individual (d) FORM.—The report under subsection (a) RESOURCES TO DETECT, DETER, can be a member of core al-Qa’ida as well as shall be submitted in unclassified form, but AND DEGRADE ISLAMIC STATE REV- a member of an al-Qa’ida affiliated group, as- may include a classified annex. ENUE MECHANISMS. sociated group, or adherent. SEC. 706. REPORT ON HIRING OF GRADUATES OF (a) SENSE OF CONGRESS.—It is the sense of (F) A definition of defeat of the Islamic CYBER CORPS SCHOLARSHIP PRO- Congress that the intelligence community State or core al-Qa’ida. GRAM BY INTELLIGENCE COMMU- NITY. should dedicate necessary resources to de- (G) An assessment of the extent or coordi- feating the revenue mechanisms of the Is- (a) IN GENERAL.—Not later than 90 days nation, command, and control between the after the date of the enactment of this Act, lamic State. Islamic State or core al-Qa’ida and their af- (b) REPORT.—Not later than 90 days after the Director of National Intelligence, in co- filiated groups, associated groups, and adher- ordination with the Director of the National the date of the enactment of this Act, the ents, specifically addressing each such enti- Director of National Intelligence shall sub- Science Foundation, shall submit to the con- ty. gressional intelligence committees a report mit to the congressional intelligence com- (H) An assessment of the effectiveness of mittees a report on the strategy, efforts, and on the employment by the intelligence com- counterterrorism operations against the Is- munity of graduates of the Cyber Corps resources of the intelligence community lamic State or core al-Qa’ida, their affiliated that are necessary to detect, deter, and de- Scholarship Program. The report shall in- groups, associated groups, and adherents, clude the following: grade the revenue mechanisms of the Islamic and whether such operations have had a sus- State. (1) The number of graduates of the Cyber tained impact on the capabilities and effec- Corps Scholarship Program hired by each SEC. 704. REPORT ON UNITED STATES COUNTER- tiveness of the Islamic State or core al- TERRORISM STRATEGY TO DISRUPT, element of the intelligence community. Qa’ida, their affiliated groups, associated (2) A description of how each element of DISMANTLE, AND DEFEAT THE IS- groups, and adherents. LAMIC STATE, AL-QA’IDA, AND THEIR the intelligence community recruits grad- AFFILIATED GROUPS, ASSOCIATED (4) FORM.—The report under paragraph (1) uates of the Cyber Corps Scholar Program. GROUPS, AND ADHERENTS. shall be submitted in unclassified form, but (3) A description of any processes available (a) REPORT.— may include a classified annex. to the intelligence community to expedite (1) IN GENERAL.—Not later than 180 days (b) APPROPRIATE CONGRESSIONAL COMMIT- the hiring or processing of security clear- after the date of the enactment of this Act, TEES DEFINED.—In this section, the term ances for graduates of the Cyber Corps the President shall transmit to the appro- ‘‘appropriate congressional committees’’ Scholar Program. priate congressional committees a com- means the following: (4) Recommendations by the Director of prehensive report on the counterterrorism (1) The congressional intelligence commit- National Intelligence to improve the hiring strategy of the United States to disrupt, dis- tees. by the intelligence community of graduates mantle, and defeat the Islamic State, al- (2) The Committees on Armed Services of of the Cyber Corps Scholarship Program, in- Qa’ida, and their affiliated groups, associ- the House of Representatives and the Senate. cluding any recommendations for legislative ated groups, and adherents. (3) The Committee on Foreign Affairs of action to carry out such improvements. (2) COORDINATION.—The report under para- the House of Representatives and the Com- (b) CYBER CORPS SCHOLARSHIP PROGRAM graph (1) shall be prepared in coordination mittee on Foreign Relations of the Senate. DEFINED.—In this section, the term ‘‘Cyber with the Director of National Intelligence, SEC. 705. REPORT ON EFFECTS OF DATA BREACH Corps Scholarship Program’’ means the Fed- the Secretary of State, the Secretary of the OF OFFICE OF PERSONNEL MANAGE- eral Cyber Scholarship-for-Service Program Treasury, the Attorney General, and the MENT. under section 302 of the Cybersecurity En- Secretary of Defense, and the head of any (a) REPORT.—Not later than 120 days after hancement Act of 2014 (15 U.S.C. 7442). other department or agency of the Federal the date of the enactment of this Act, the SEC. 707. REPORT ON USE OF CERTAIN BUSINESS Government that has responsibility for ac- President shall transmit to the congres- CONCERNS. tivities directed at combating the Islamic sional intelligence committees a report on (a) IN GENERAL.—Not later than 90 days State, al-Qa’ida, and their affiliated groups, the data breach of the Office of Personnel after the date of the enactment of this Act, associated groups, and adherents. Management disclosed in June 2015. the Director of National Intelligence shall

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.006 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8671 submit to the congressional intelligence tleman from California (Mr. SCHIFF) lies. Regrettably, we have not pre- committees a report on the representation, each will control 20 minutes. vented ISIS from establishing a safe as of the date of the report, of covered busi- The Chair recognizes the gentleman haven and the group has become ness concerns among the contractors that from California (Mr. NUNES). skilled at hiding from western intel- are awarded contracts by elements of the in- telligence community for goods, equipment, GENERAL LEAVE ligence services. tools, and services. Mr. NUNES. Mr. Speaker, I ask unan- ISIS members have used that breath- (b) MATTERS INCLUDED.—The report under imous consent that all Members may ing room to plan attacks in Europe, subsection (a) shall include the following: have 5 legislative days to revise and ex- North Africa, and the Middle East, and (1) The representation of covered business tend their remarks and include extra- they are undoubtedly planning attacks concerns as described in subsection (a), in- neous material on the bill, H.R. 4127. against the United States. cluding such representation by— The SPEAKER pro tempore. Is there (A) each type of covered business concern; We rightly demand that our intel- and objection to the request of the gen- ligence agencies provide policymakers (B) each element of the intelligence com- tleman from California? with the best and most timely informa- munity. There was no objection. tion possible on the threats we face. We (2) If, as of the date of the enactment of Mr. NUNES. Mr. Speaker, I yield my- ask them to track terrorists wherever this Act, the Director does not record and self such time as I may consume. they train, plan, and fundraise. We ask monitor the statistics required to carry out Mr. Speaker, when Ranking Member them to stop devastating cyber attacks this section, a description of the actions SCHIFF and I assumed the helm of the that steal American jobs. We ask them taken by the Director to ensure that such Intelligence Committee, we committed statistics are recorded and monitored begin- to track nuclear missile threats. We to carrying on the practice of passing demand that they get it right every ning in fiscal year 2016. annual intelligence authorization bills, (3) The actions the Director plans to take time. which is the most important tool Con- during fiscal year 2016 to enhance the award- This bill will ensure that the dedi- ing of contracts to covered business concerns gress can use to control the intel- ligence activities of the United States cated men and women of our intel- by elements of the intelligence community. ligence community have the funding, (c) COVERED BUSINESS CONCERNS DEFINED.— Government. Today, building on the authorities, and support they need to In this section, the term ‘‘covered business legacy of Chairman ROGERS and Rank- carry out their mission and to keep us concerns’’ means the following: ing Member RUPPERSBERGER, we are (1) Minority-owned businesses. bringing the sixth consecutive intel- safe. (2) Women-owned businesses. Before closing, I want to take a mo- (3) Small disadvantaged businesses. ligence authorization bill to the floor. Earlier this year the House passed its ment to thank the men and women of (4) Service-disabled veteran-owned busi- this country who serve in our intel- nesses. version of the bill with a strong vote. (5) Veteran-owned small businesses. Since then, the Senate Select Com- ligence community. I am honored to get to know so many of them in the Subtitle B—Other Matters mittee on Intelligence reported out its course of our oversight work. SEC. 711. USE OF HOMELAND SECURITY GRANT version of the bill by a unanimous con- FUNDS IN CONJUNCTION WITH DE- sent vote. I commend Chairman BURR I would also like to thank all the PARTMENT OF ENERGY NATIONAL and Vice Chairman FEINSTEIN for their staff of the committee, both majority LABORATORIES. leadership on the bill, and I look for- and minority, for their hard work on Section 2008(a) of the Homeland Security the bill and for their daily oversight of Act of 2002 (6 U.S.C. 609(a)) is amended in the ward to working with them in future matter preceding paragraph (1) by inserting years. the intelligence community. ‘‘including by working in conjunction with a The current bill contains text agreed I would especially like to thank Jeff National Laboratory (as defined in section to by both the House and the Senate Shockey, Shannon Stuart, Andy Peter- 2(3) of the Energy Policy Act of 2005 (42 committees. It preserves key House son, Jake Crisp, and Michael Ellis for U.S.C. 15801(3))),’’ after ‘‘plans,’’. initiatives while adding several impor- all the long hours they put in to get SEC. 712. INCLUSION OF CERTAIN MINORITY- tant provisions from the Senate. None this bill across the finish line. SERVING INSTITUTIONS IN GRANT of these provisions are considered con- PROGRAM TO ENHANCE RECRUIT- From the minority staff, I would like ING OF INTELLIGENCE COMMUNITY troversial. to thank Michael Bahar, Tim Bergreen, WORKFORCE. As most of the intelligence budget in- Carly Blake, and Wells Bennett for Section 1024 of the National Security Act volves highly classified programs, the their work on the bill. of 1947 (50 U.S.C. 3224) is amended— bulk of the direction is found in the Finally, thank you to the gentleman (1) in subsection (c)— bill’s classified annex, which has been (A) in paragraph (1), by striking ‘‘histori- from California (Mr. SCHIFF). It has available in HVC–304 for all Members been a pleasure to work with him on cally black colleges and universities and to review since yesterday. Predominantly Black Institutions’’ and in- this bill, and I look forward to con- At an unclassified level, I can report serting ‘‘historically black colleges and uni- tinuing the committee’s oversight that the classified annex is consistent versities, Predominantly Black Institutions, work with him over the next year. Hispanic-serving institutions, and Asian with the Bipartisan Budget Act of 2015. American and Native American Pacific Is- It reduces the President’s request by I would also like to recognize one lander-serving institutions’’; and less than 1 percent while still providing member of the committee staff, Bill (B) in the subsection heading, by striking an increase above last year’s level. Flanigan. Bill is undergoing surgery ‘‘HISTORICALLY BLACK’’ and inserting ‘‘CER- The agreed text preserves key com- today. We wish him all the best in his TAIN MINORITY-SERVING’’; and mittee and House funding initiatives recovery. (2) in subsection (g)— I urge passage of H.R. 4127. (A) by redesignating paragraph (5) as para- that are vital to national security. graph (7); and These initiatives are offset by reduc- I reserve the balance of my time. (B) by inserting after paragraph (4) the fol- tions to unnecessary programs and in- JOINT EXPLANATORY STATEMENT TO ACCOM- lowing new paragraphs (5) and (6): creased efficiencies. The agreement PANY THE INTELLIGENCE AUTHORIZATION ACT ‘‘(5) HISPANIC-SERVING INSTITUTION.—The also provides substantial intelligence FOR FISCAL YEAR 2016 term ‘Hispanic-serving institution’ has the resources to help defeat ISIS and other The following consists of the joint explana- meaning given that term in section 502(a)(5) terrorist groups. tory statement to accompany the Intel- of the Higher Education Act of 1965 (20 U.S.C. Mr. Speaker, today the threat facing ligence Authorization Act for Fiscal Year 1101a(a)(5)). America is higher than at any time 2016. ‘‘(6) ASIAN AMERICAN AND NATIVE AMERICAN This joint explanatory statement reflects PACIFIC ISLANDER-SERVING INSTITUTION.—The since 9/11. ISIS has established a safe term ‘Asian American and Native American haven across Iraq and Syria, and the the status of negotiations and disposition of Pacific Islander-serving institution’ has the group hopes to create a state stretch- issues reached between the House Permanent meaning given that term in section 320(b)(2) ing from Lebanon to Iraq, including Select Committee on Intelligence and the Senate Select Committee on Intelligence of the Higher Education Act of 1965 (20 U.S.C. Syria, Jordan, and Israel. 1059g(b)(2)).’’. (hereinafter, ‘‘the Agreement’’). The joint The goal of our counterterrorism explanatory statement shall have the same The SPEAKER pro tempore. Pursu- strategy should be to deny safe havens effect with respect to the implementation of ant to the rule, the gentleman from from which terrorists can plot attacks this Act as if it were a joint explanatory California (Mr. NUNES) and the gen- against the United States and our al- statement of a committee of conference.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.006 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8672 CONGRESSIONAL RECORD — HOUSE December 1, 2015 The joint explanatory statement comprises 3. Increase and formally track the number Countering Violent Extremism (CVE) pro- three parts: first, an overview of the applica- of competitive IC internship candidates from gram first detailed in the 2011 White House tion of the annex to accompany this state- IC CAE schools, starting with Fiscal Year strategy Empowering Local Partners to Pre- ment; second, select unclassified congres- 2016 IC summer internships, and provide a re- vent Violent Extremism in the United sional direction; and third, a section-by-sec- port, within 180 days of the enactment of this States, which was expanded following the tion analysis of the unclassified legislative Act, on its plan to do so; January 2015 White House Summit on Coun- text. 4. Develop metrics to ascertain whether IC tering Violent Extremism, and (2) the Ad- PART I: APPLICATION OF THE CLASSIFIED ANNEX CAE, the Pat Roberts Intelligence Scholars ministration’s Strategy to Counter the Is- The classified nature of U.S. intelligence Program, the Louis Stokes Educational lamic State of Iraq and the Levant, which activities prevents the congressional intel- Scholarship Program, and the Intelligence was announced in September 2014. ligence committees from publicly disclosing Officer Training Program reach a diverse de- Analytic Health Reports many details concerning the conclusions and mographic and serve as feeders to the IC The Agreement directs the Defense Intel- recommendations of the Agreement. There- workforce; ligence Agency (DIA) to provide Analytic fore, a classified Schedule of Authorizations 5. Include in the annual report on minority Health Reports to the congressional intel- and a classified annex have been prepared to hiring and retention a breakdown of the stu- ligence committees on a quarterly basis, in- describe in detail the scope and intent of the dents participating in these programs who cluding an update on the specific effect of congressional intelligence committees’ ac- serve as IC interns, applied for full-time IC analytic modernization on the health of the tions. The Agreement authorizes the Intel- employment, received offers of employment, Defense Intelligence Analysis Program ligence Community to obligate and expend and entered on duty in the IC; (DIAP) and its ability to reduce analytic 6. Conduct a feasibility study with nec- funds not altered or modified by the classi- risk. essary funding levels regarding how the IC fied Schedule of Authorizations as requested All-Source Analysis Standards CAE could be better tailored to serve under- in the President’s budget, subject to modi- resourced schools, and provide such study to The Agreement directs DIA to conduct a fication under applicable reprogramming the congressional intelligence committees comprehensive evaluation of the Defense In- procedures. telligence Enterprise’s (DIE) all-source anal- The classified annex is the result of nego- within 180 days of the enactment of this Act; 7. Publicize all IC elements’ recruitment ysis capability and production in Fiscal Year tiations between the House Permanent Se- activities, including the new Applicant Gate- 2015. The evaluation should assess the ana- lect Committee on Intelligence and the Sen- way and the IC Virtual Career Fair, to rural lytic output of both NIP and MIP funded all- ate Select Committee on Intelligence. It rec- schools, Historically Black Colleges and Uni- source analysts, separately and collectively, onciles the differences between the commit- and apply the following four criteria identi- versities, and other minority-serving institu- tees’ respective versions of the bill for Na- fied in the ODNI Strategic Evaluation Re- tions that have been contacted by IC recruit- tional Intelligence Program (NIP) and the port for all-source analysis: 1) integrated, 2) ers; Homeland Security Intelligence Program for 8. Contact new groups with the objective of objective, 3) timely, and 4) value-added. The Fiscal Year 2016. The Agreement also makes expanding the IC Heritage Community Liai- results of this evaluation shall be included as recommendations for the Military Intel- part of the Fiscal Year 2017 congressional son Council; and ligence Program (MIP), and the Information 9. Ensure that IC elements add such activi- budget justification book. Systems Security Program, consistent with ties listed above that may be appropriate to Terrorism Investigations the National Defense Authorization Act for their recruitment plans for Fiscal Year 2016. The Agreement directs the Federal Bureau Fiscal Year 2016, and provides certain direc- ODNI shall provide an interim update to of Investigation (FBI) to submit to the con- tion for these two programs the congressional intelligence committees gressional intelligence committees, within The Agreement supersedes the classified on its efforts within 90 days of the enact- 180 days of enactment of this Act, a report annexes to the reports accompanying H.R. ment of this Act and include final results in detailing how FBI has allocated resources 2596, as passed by the House on June 16, 2015, its annual report on minority hiring and re- between domestic and foreign terrorist and S. 1705, as reported by the Senate Select tention. threats based on numbers of investigations Committee on Intelligence on July 7, 2015. over the past 5 years. The report should be All references to the House-passed and Sen- Analytic Duplication & Improving Customer Im- pact submitted in unclassified form but may in- ate-reported annexes are solely to identify clude a classified annex. the heritage of specific provisions. The congressional intelligence committees Investigations of Minors Involved in The classified Schedule of Authorizations are concerned about potential duplication in Radicalization is incorporated into the bill pursuant to Sec- finished analytic products. Specifically, the tion 102. It has the status of law. The classi- congressional intelligence committees are The Agreement directs the FBI to provide fied annex supplements and adds detail to concerned that contemporaneous publication a briefing to the congressional intelligence clarify the authorization levels found in the of substantially similar intelligence prod- committees within 180 days of enactment of bill and the classified Schedule of Authoriza- ucts fosters confusion among intelligence this Act on investigations in which minors tions. The classified annex shall have the customers (including those in Congress), im- are encouraged to turn away from violent ex- same legal force as the report to accompany pedes analytic coherence across the IC, and tremism rather than take actions which that the bill. wastes time and effort. The congressional in- would lead to Federal terrorism indictments. telligence committees value competitive This briefing should place these rates in the PART II: SELECT UNCLASSIFIED CONGRESSIONAL context of all investigations of minors for DIRECTION analysis, but believe there is room to reduce duplicative analytic activity and improve violent extremist activity and should de- Enhancing Geographic and Demographic Diver- scribe any FBI engagement with minors’ sity customer impact. Therefore, the Agreement directs ODNI to families, law enforcement, or other individ- The Agreement directs the Office of the Di- pilot a repeatable methodology to evaluate uals or groups connected to the minor during rector for National Intelligence (ODNI) to potential duplication in finished intelligence or after investigations. conduct an awareness, outreach, and recruit- analytic products and to report the findings Furthermore, the Agreement directs the ment program to rural, under-represented to the congressional intelligence committees FBI to include how often undercover agents colleges and universities that are not part of within 60 days of the enactment of this Act. pursue investigations based on a location of the IC Centers of Academic Excellence (IC In addition, the Agreement directs ODNI to interest related to violent extremist activity CAE) program. Further, the Agreement di- report to the congressional intelligence com- compared to investigations of an individual rects that ODNI shall increase and formally mittees within 180 days of enactment of this or group believed to be engaged in such ac- track the number of competitive candidates Act how it will revise analytic practice, tivity. Included should be the number of lo- for IC employment or internships who stud- tradecraft, and standards to ensure cus- cations of interest associated with a reli- ied at IC CAE schools and other scholarship tomers can clearly identify how products gious group or entity. This briefing also programs supported by the IC. that are produced contemporaneously and should include trend analysis covering the Additionally, the Agreement directs that cover similar topics differ from one another last five years describing violent extremist ODNI, acting through the Executive Agent in their methodological, informational, or activity in the U.S. for the IC CAE program, the IC Chief Human temporal aspects, and the significance of PART III: SECTION-BY-SECTION ANALYSIS AND Capital Officer, and the Director, IC Equal those differences. This report is not intended EXPLANATION OF LEGISLATIVE TEXT Opportunity & Diversity, as appropriate, to cover operationally urgent analysis or The following is a section-by-section anal- shall: current intelligence. ysis and explanation of the Intelligence Au- 1. Add a criterion to the IC CAE selection thorization Act for Fiscal Year 2016. process that applicants must be part of a Countering Violent Extremism and the Islamic consortium or actively collaborate with State in Iraq and the Levant TITLE I—INTELLIGENCE ACTIVITIES under-resourced schools in their area; The Agreement directs ODNI, within 180 Section 101. Authorization of appropriations 2. Work with CAE schools to reach out to days of enactment of this Act and in con- Section 101 lists the United States Govern- rural and under-resourced schools, including sultation with appropriate interagency part- ment departments, agencies, and other ele- by inviting such schools to participate in the ners, to brief the congressional intelligence ments for which the Act authorizes appro- annual IC CAE colloquium and IC recruit- committees on how intelligence agencies are priations for intelligence and intelligence-re- ment events; supporting both (1) the Administration’s lated activities for Fiscal Year 2016.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.008 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8673 Section 102. Classified Schedule of Authoriza- came before the House in June, but I nity, Mr. CARSON’s provisions to better tions am proud to support it today. Many of understand FBI resource allocation Section 102 provides that the details of the the underlying issues have been re- against domestic and foreign threats amounts authorized to be appropriated for solved or significantly improved. This and the role of FBI and DNI in coun- intelligence and intelligence-related activi- annual bill, like those that came before tering violent extremism particularly ties and the applicable personnel levels by in minors, Ms. SPEIER’s provision to program for Fiscal Year 2016 are contained in it, funds, equips, and sets priorities for the classified Schedule of Authorizations and the U.S. intelligence community, provide greater human rights oversight that the classified Schedule of Authoriza- which is critical in the world that we of the IC’s relationships with certain tions shall be made available to the Commit- inhabit today. foreign partners, Mr. QUIGLEY’s provi- tees on Appropriations of the Senate and The recent Paris attacks drive home sion regarding intelligence support to House of Representatives and to the Presi- just how vigilant we need to be, and Ukraine, and Mr. SWALWELL’s provision dent. the bill before us provides urgent re- to ensure that Department of Energy’s Section 103. Personnel ceiling adjustments sources for the fight against ISIS and national labs can work with State and Section 103 is intended to provide addi- al Qaeda. At the same time, we must local government recipients of Home- tional flexibility to the Director of National never let our focus on any one threat land Security grants. Intelligence (DNI) in managing the civilian or terror group distract us from the As I said earlier, I was not able to personnel of the Intelligence Community support the prior version of the bill, (IC). Section 103 provides that the DNI may other challenges we face, like those posed by Iran, North Korea, Russia, but I am proud to support this version. authorize employment of civilian personnel I urge my colleagues to do the same. in Fiscal Year 2016 in excess of the number of and China. authorized positions by an amount not ex- This bill strikes the right balance by This version corrects the misguided ceeding three percent of the total limit ap- providing the necessary means to overreliance on short-term overseas plicable to each IC element under Section counter other wide-ranging threats contingency operations funding to 102. The DNI may do so only if necessary to from state and nonstate actors, par- evade the Budget Control Act caps at the performance of important intelligence the expense of our domestic programs. ticularly in cyberspace, outer space, functions. The bill still contains unwelcome re- and in the undersea environment. The Section 104. Intelligence Community Manage- strictions, in my view, on the closure ment Account bill also takes critical steps to shore up of our facility at Guantanamo Bay, but Section 104 authorizes appropriations for our counterintelligence capabilities. it modifies them to mirror the provi- the Intelligence Community Management This is of particular significance after sions, which passed in the National De- Account (ICMA) of the Director of National the devastating OPM breach. fense Authorization Act and which the Intelligence and sets the authorized per- Additionally, the intelligence au- President recently signed into law. To sonnel levels for the elements within the thorization continues to be the single the extent there are any intelligence ICMA for Fiscal Year 2016. most important means by which Con- funds which could be used to close the Section 105. Clarification regarding authority gress conducts oversight of the intel- prison, these IAA provisions would sub- for flexible personnel management among ligence community. We much support ject them to the same restrictions as elements of intelligence community the IC, but we also have to rigorously Section 105 clarifies that certain Intel- govern the spending of defense funds in oversee it and make sure that what it the NDAA. ligence Community elements may make hir- does in our name comports with our ing decisions based on the excepted service I remain strongly opposed to any re- designation. values. strictions on closing the prison at The bill, therefore, prioritizes and TITLE II—CENTRAL INTELLIGENCE AGENCY Guantanamo Bay. As these provisions RETIREMENT AND DISABILITY SYSTEM provides detailed guidance, strict au- reflect what is currently in law, I sup- Section 201. Authorization of appropriations thorizations, and precise limitations on port the larger bill. Especially with Section 201 authorizes appropriations in the activities of the intelligence com- what happened in Paris, we need to act the amount of $514,000,000 for Fiscal Year munity. It also fences funds to ensure now to fund and enable our intelligence 2016 for the Central Intelligence Agency Re- that throughout the year congressional agencies. tirement and Disability Fund. guidance is strictly followed. Once again, I want to thank Chair- Mr. SCHIFF. Mr. Speaker, I yield Some of the other highlights of the man NUNES, Chairman BURR, and Vice myself as much time as I may con- bill include emphasizing collection to Chairman FEINSTEIN, as well as the sume. monitor and ensure Iran’s compliance wonderful and hardworking staff of the First, I want to begin by thanking with the Joint Comprehensive Plan of HPSCI and the SSCI. I also want to Chairman NUNES. It has been a great Action—this is critical—funding our thank the administration for their pleasure to work with him. I greatly most important space programs, in- good work. appreciate his dedication to the re- vesting in space protection and resil- Mr. Speaker, I reserve the balance of sponsibilities that we have, the bipar- iency, preserving investments in cut- my time. tisan way that he has run this com- ting-edge technologies, and enhancing Mr. NUNES. Mr. Speaker, I insert in mittee, the professional way that he oversight of contracting and procure- the RECORD at this point the second part of the joint explanatory and his staff have conducted all the ment practices. I am particularly statement. business of the committee. It has just pleased with where the revised bill ends been an honor to work with him, and I up with respect to our space programs. TITLE III—GENERAL PROVISIONS am greatly appreciative of all he has Other highlights of the bill are pro- Section 301. Increase in employee compensation and benefits authorized by law done to bring this bill forward. moting enhancements to our foreign I also want to express my gratitude partner capabilities, which are crucial Section 301 provides that funds authorized to multiplying the reach and impact of to be appropriated by the Act for salary, pay, to Senators BURR and FEINSTEIN for retirement, and other benefits for federal their efforts at producing this bipar- our own intelligence efforts; enhancing employees may be increased by such addi- tisan, bicameral work product. human intelligence capabilities, which tional or supplemental amounts as may be Earlier this year the House passed its is often the key to understanding and necessary for increases in compensation or version of the Intelligence Authoriza- predicting global events; greatly inten- benefits authorized by law. tion Act for the fiscal year 2016. After sifying oversight of defense special op- Section 302. Restriction on conduct of intel- the Senate’s Intelligence Committee eration forces activities worldwide. ligence activities advanced its version out of committee, The revised bill also continues to in- Section 302 provides that the authorization we worked together to produce the bill corporate some of the excellent provi- of appropriations by the Act shall not be that is before us today. It is the result sions championed by many of the deemed to constitute authority for the con- Democratic members of the House In- duct of any intelligence activity that is not of careful negotiations and of a bipar- otherwise authorized by the Constitution or tisan and bicameral commitment to telligence Committee as well as Repub- laws of the United States. produce a strong intelligence bill for licans, in particular, Mr. HIMES’ effort Section 303. Provision of information and assist- the sake of our country and of our al- to enhance the quality of metrics we ance to Inspector General of the Intelligence lies. use to enable more thorough oversight, Community I was not able to vote for the intel- Ms. SEWELL’s provisions to enhance di- Section 303 amends the National Security ligence authorization when it first versity within the intelligence commu- Act of 1947 to clarify the Inspector General

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.009 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8674 CONGRESSIONAL RECORD — HOUSE December 1, 2015 of the Intelligence Community’s authority mal reporting process for tracking requests based upon all sources of available intel- to seek information and assistance from fed- for country clearance submitted to overseas ligence, and demonstrative of the standards eral, state, and local agencies or units there- DNI representatives. Section 310 also re- of proper analytic tradecraft. of. quires the DNI to brief the congressional in- Consistent with responsibilities prescribed Section 304. Inclusion of Inspector General of telligence committees on its progress. under IRTPA, Section 403 requires the AIS Intelligence Community in Council of In- Section 311. Study on reduction of analytic du- Chief to conduct a review of finished intel- ligence products produced by the CIA to as- spectors General on Integrity and Efficiency plication sess whether the reorganization of the Agen- Section 304 amends Section 11(b)(1)(B) of Sec. 311 requires DNI to carry out a study cy, announced publicly on March 6, 2015, has the Inspector General Act of 1978 to reflect to identify duplicative analytic products and resulted in any loss of analytic objectivity. the correct name of the Office of the Inspec- the reasons for such duplication, ascertain The report is due two years from the date tor General of the Intelligence Community. the frequency of and reasons for duplication, that the reorganization was announced, The section also clarifies that the Inspector and determine whether this review should be March 6, 2017. General of the Intelligence Community is a considered a part of the responsibilities as- SUBTITLE B—CENTRAL INTELLIGENCE AGENCY member of the Council of the Inspectors Gen- signed to the Analytic Integrity and Stand- AND OTHER ELEMENTS eral on Integrity and Efficiency. ards office inside the Office of the DNI. Sec. Section 411. Authorities of the Inspector General 311 also requires DNI to provide a plan for re- Section 305. Clarification of authority of Pri- for the Central Intelligence Agency vacy and Civil Liberties Oversight Board vising analytic practice, tradecraft and standards to ensure customers are able to Section 411 amends Section 17 of the Cen- Section 305 amends the Intelligence Re- tral Intelligence Agency Act of 1949 to con- form and Terrorism Prevention Act of 2004 readily identify how analytic products on similar topics that are produced contem- solidate the Inspector General’s personnel (IRTPA) to clarify that nothing in the stat- authorities and to provide the Inspector Gen- poraneously differ from one another and ute authorizing the Privacy and Civil Lib- eral with the same authorities as other In- what is the significance of those differences. erties Oversight Board should be construed spector Generals to request assistance and to allow that Board to gain access to infor- Section 312. Strategy for comprehensive inter- information from federal, state, and local mation regarding an activity covered by sec- agency review of the United States national agencies or units thereof. tion 503 of the National Security Act of 1947. security overhead satellite architecture Section 412. Prior congressional notification of Section 306. Enhancing government personnel Section 312 requires the Director of Na- transfers of funds for certain intelligence security programs tional Intelligence, in collaboration with the activities Section 306 directs the Director of National Secretary of Defense, and the Chairman of Section 412 requires notification to the Intelligence (DNI) to develop and implement the Joint Chiefs of Staff, to develop a strat- congressional intelligence committees before a plan for eliminating the backlog of overdue egy, with milestones and benchmarks, to en- transferring funds from the Joint Improvised periodic investigations, and further requires sure that there is a comprehensive inter- Explosive Device Defeat Fund or the the DNI to direct each agency to implement agency review of policies and practices for Counterterrorism Partnerships Fund that a program to provide enhanced security re- planning and acquiring national security are to be used for intelligence activities. view to individuals determined eligible for satellite systems and architectures, includ- TITLE V—MATTERS RELATING TO FOREIGN access to classified information or eligible to ing the capabilities of commercial systems COUNTRIES hold a sensitive position. and partner countries, consistent with the SUBTITLE A—MATTERS RELATING TO RUSSIA These enhanced personnel security pro- National Space Policy issued on June 28, grams will integrate information relevant 2010. Where applicable, this strategy shall ac- Section 501. Notice of deployment or transfer of and appropriate for determining an individ- count for the unique missions and authori- Club-K container missile system by the Rus- ual’s suitability for access to classified infor- ties vested in the Department of Defense and sian Federation mation; be conducted at least 2 times every the Intelligence Community. Section 501 requires the Director of Na- tional Intelligence to submit written notice 5 years; and commence not later than 5 years Section 313. Cyber attack standards of measure- to the appropriate congressional committees after the date of enactment of the Fiscal ment study Year 2016 Intelligence Authorization Act, or if the Intelligence Community receives intel- Section 313 directs the Director of National the elimination of the backlog of overdue ligence that the Russian Federation has de- Intelligence, in consultation with the Sec- periodic investigations, whichever occurs ployed, or is about to deploy, the Club-K con- retary of Homeland Security, the Director of first. tainer missile system through the Russian the Federal Bureau of Investigation, and the military, or transferred or sold, or intends to Section 307. Notification of changes to retention Secretary of Defense, to carry out a study to transfer or sell, such system to another state of call detail record policies determine the appropriate standards to or non-state actor. Section 307 requires the Director of Na- measure the damage of cyber incidents. Section 502. Assessment on funding of political tional Intelligence to notify the congres- TITLE IV—MATTERS RELATING TO ELEMENTS OF parties and nongovernmental organizations sional intelligence committees in writing THE INTELLIGENCE COMMUNITY by the Russian Federation not later than 15 days after learning that an Section 502 requires the Director of Na- electronic communication service provider SUBTITLE A—OFFICE OF THE DIRECTOR OF tional Intelligence to submit an Intelligence that generates call detail records in the ordi- NATIONAL INTELLIGENCE Community assessment to the appropriate nary course of business has changed its pol- Section 401. Appointment and confirmation of congressional committees concerning the icy on the retention of such call details the National Counterintelligence Executive funding of political parties and nongovern- records to result in a retention period of less Section 401 makes subject to Presidential mental organizations in the former Soviet than 18 months. Section 307 further requires appointment and Senate confirmation, the States and Europe by the Russian Security the Director to submit to the congressional executive branch position of National Coun- Services since January 1, 2006, not later than intelligence committees within 30 days of en- terintelligence Executive (NCIX), which was 180 days after the enactment of the Fiscal actment a report identifying each electronic created by the 2002 Counterintelligence En- Year 2016 Intelligence Authorization Act. communication service provider (if any) that hancement Act. Effective December 2014, the Section 503. Assessment on the use of political has a current policy in place to retain call NCIX was also dual-hatted as the Director of assassinations as a form of statecraft by the detail records for 18 months or less. the National Counterintelligence and Secu- Russian Federation Section 308. Personnel information notification rity Center. Section 503 requires the Director of Na- policy by the Director of National Intel- Section 402. Technical amendments relating to ligence tional Intelligence to submit an Intelligence pay under title 5, United States Code Community assessment concerning the use Section 308 requires the Director of Na- Section 402 amends 5 U.S.C. § 5102(a)(1) to of political assassinations as a form of tional Intelligence to establish a policy to expressly exclude the Office of the Director statecraft by the Russian Federation to the ensure timely notification to the congres- of National Intelligence (ODNI) from the appropriate congressional committees, not sional intelligence committees of the identi- provisions of chapter 51 of title 5, relating to later than 180 days after the enactment of ties of individuals occupying senior level po- position classification, pay, and allowances the Fiscal Year 2016 Intelligence Authoriza- sitions within the Intelligence Community. for General Schedule employees, which does tion Act. Section 309. Designation of lead intelligence of- not apply to ODNI by virtue of the National SUBTITLE B—MATTERS RELATING TO OTHER ficer for tunnels Security Act. This proposal would have no COUNTRIES Section 309 requires the Director of Na- substantive effect. Section 511. Report of resources and collection tional Intelligence to designate an official to Section 403. Analytic Objectivity Review posture with regard to the South China Sea manage the collection and analysis of intel- The ODNI’s Analytic Integrity and Stand- and East China Sea ligence regarding the tactical use of tunnels ards (AIS) office was established in response Section 511 requires the Director of Na- by State and non-State actors. to the requirement in IRTPA for the des- tional Intelligence to submit to the appro- Section 310. Reporting process for tracking ignation of an entity responsible for ensur- priate congressional committees an Intel- country clearance requests ing that the Intelligence Community’s fin- ligence Community assessment on Intel- Section 310 requires the Director of Na- ished intelligence products are timely, objec- ligence Community resourcing and collec- tional Intelligence (DNI) to establish a for- tive, independent of political considerations, tion posture with regard to the South China

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.011 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8675 Sea and East China Sea, not later than 180 Bay to the custody or control of any coun- taged, service-enabled veteran-owned, and days after the enactment of the Fiscal Year try, or any entity within such country, as veteran-owned small businesses—among con- 2016 Intelligence Authorization Act. follows: Libya, Somalia, Syria, or Yemen. tractors that are awarded contracts by the Section 512. Use of locally employed staff serv- TITLE VII—REPORTS AND OTHER MATTERS intelligence community for goods, equip- ment, tools and services. ing at a United States diplomatic facility in SUBTITLE A—REPORTS SUBTITLE B—OTHER MATTERS Cuba Section 701. Repeal of certain reporting require- Section 512 requires the Secretary of State, ments Section 711. Use of homeland security grant funds in conjunction with Department of not later than one year after the date of the Section 701 repeals certain reporting re- Energy national laboratories enactment of this Act, to ensure that every quirements. supervisory position at a United States dip- Section 711 amends Section 2008(a) of the Section 702. Reports on foreign fighters lomatic facility in Cuba is occupied by a cit- Homeland Security Act of 2002 to clarify izen of the United States who has passed a Section 702 requires the Director of Na- that the Department of Energy’s national thorough background check. Further, not tional Intelligence to submit a report every laboratories may seek access to homeland later than 180 days after the date of the en- 60 days for the three years following the en- security grant funds. actment of this Act, the provision requires actment of this Act to the congressional in- Section 712. Inclusion of certain minority-serv- the Secretary of State, in coordination with telligence committees on foreign fighter ing institutions in grant program to en- other appropriate government agencies, to flows to and from Syria and Iraq. Section 702 hance recruiting of intelligence community submit to the appropriate congressional requires information on the total number of workforce foreign fighters who have traveled to Syria committees a plan to further reduce the reli- Section 712 amends the National Security ance on locally employed staff in United or Iraq, the total number of United States Act of 1947 to include certain minority-serv- States diplomatic facilities in Cuba. The persons who have traveled or attempted to ing institutions in the intelligence officer plan shall, at a minimum, include cost esti- travel to Syria or Iraq, the total number of training programs established under Section mates, timelines, and numbers of employees foreign fighters in Terrorist Identities 1024 of the Act. to be replaced. Datamart Environment, the total number of foreign fighters who have been processed b 1315 Section 513. Inclusion of sensitive compart- with biometrics, any programmatic updates mented information facilities in United Mr. SCHIFF. Mr. Speaker, I yield to the foreign fighter report, and a world- States diplomatic facilities in Cuba myself the remainder of my time. wide graphic that describes foreign fighter The world is a dangerous place, and Section 513 requires that each United flows to and from Syria. States diplomatic facility in Cuba that is our intelligence agencies and profes- Section 703. Report on strategy, efforts, and re- sionals are on the front lines of keep- constructed, or undergoes a construction up- sources to detect, deter, and degrade Islamic grade, be constructed to include a sensitive State revenue mechanisms ing us, our allies, and our partners compartmented information facility. safe. We also have to ensure that no Section 703 requires the Director of Na- Section 514. Report on use by Iran of funds tional Intelligence to submit a report on the matter how dangerous the world be- made available through sanctions relief strategy, efforts, and resources of the intel- comes, the United States adheres to its Section 514 requires the Director of Na- ligence community that are necessary to de- values. What is done to protect Amer- tional Intelligence, in consultation with the tect, deter, and degrade the revenue mecha- ica cannot undermine America, and Secretary of the Treasury, to submit to the nisms of the Islamic State. this legislation ensures consistent and appropriate congressional committees a re- Section 704. Report on United States counterter- rigorous oversight. port assessing the monetary value of any di- rorism strategy to disrupt, dismantle, and To the men and women of our intel- rect or indirect form of sanctions relief Iran defeat the Islamic State, al-Qa’ida, and ligence community, you continue to has received since the Joint Plan of Action their affiliated groups, associated groups, have my sincerest gratitude and re- (JPOA) entered into effect, and how Iran has and adherents used funds made available through such spect for all that you do and my full Section 704 requires the President to sub- sanctions relief. This report shall be sub- appreciation of your dedication, your mit to the appropriated congressional com- mitted every 180 days while the JPOA is in patriotism, and your unparalleled mittees a comprehensive report on the effect, and not later than 1 year after an skills. counterterrorism strategy to disrupt, dis- agreement relating to Iran’s nuclear pro- We in Congress must now do our part mantle, and defeat the Islamic State, al- gram takes effect, and annually thereafter Qa’ida, and their affiliated groups, associ- by passing this bill, and then we must while that agreement remains in effect. ated groups, and adherents. turn to completing work on cyber leg- TITLE VI—MATTERS RELATING TO UNITED Section 705. Report on effects of data breach of islation and to beginning the urgent STATES NAVAL STATION, GUANTANAMO BAY, Office of Personnel Management task of preparing for the fiscal year CUBA Section 705 requires the President to trans- 2017 authorization bill. Section 601. Prohibition on use of funds for mit to the congressional intelligence com- To Chairman NUNES, Chairman BURR, transfer or release of individual detained at munities a report on the data breach of the and Vice Chair FEINSTEIN, thank you United States Naval Station, Guantanamo Office of Personnel Management. Section 705 again for your leadership, your biparti- Bay, Cuba, to the United States requires information on the impact of the sanship, and your determination to do Section 601 states that no amounts author- breach on intelligence community oper- what is right. ized to be appropriated or otherwise made ations abroad, in addition to an assessment To all the Members of the House Per- available to an element of the Intelligence of how foreign persons, groups, or countries manent Select Committee on Intel- Community may be used to transfer or re- may use data collected by the breach and ligence, I thank you for your good lease individuals detained at Guantanamo what Federal Government agencies use best Bay to or within the United States, its terri- practices to protect sensitive data. work as well. Finally, thank you to our very su- tories, or possessions. Section 706. Report on hiring of graduates of Section 602. Prohibition on use of funds to con- Cyber Corps Scholarship Program by intel- perb professional staff. You do a great struct or modify facilities in the United ligence community job each and every day, and often for States to house detainees transferred from Section 706 requires the Director of Na- very, very long hours. United States Naval Station, Guantanamo tional Intelligence (DNI) to submit to the Mr. Speaker, I yield back the balance Bay, Cuba congressional intelligence committees a re- of my time. Section 602 states that no amounts author- port on the employment by the intelligence Mr. NUNES. Mr. Speaker, before I ized to be appropriated or otherwise made community of graduates of the Cyber Corps close, I want to reiterate that the bill available to an element of the Intelligence Scholarship Program. Section 706 requires is the most effective way for Congress Community may be used to construct or information on the number of graduates to carry out oversight of intelligence modify facilities in the United States, its hired by each element of the intelligence activities. This bill forces the execu- territories, or possessions to house detainees community, the recruitment process for each tive branch to remain responsive to transferred from Guantanamo Bay. element of the intelligence community, and congressional direction and priorities. Section 603. Prohibition on use of funds for DNI recommendations to improve the hiring process. As the recent terrorist attacks in transfer or release to certain countries of in- Paris show, our enemies are rapidly dividuals detained at United States Naval Section 707. Report on use of certain business Station, Guantanamo Bay, Cuba concerns improving their ability to launch dead- ly strikes against the United States Section 603 states that no amounts author- Section 707 requires the Director of Na- ized to be appropriated or otherwise made tional Intelligence to submit to the congres- and our allies. Given these elevated available to an element of the Intelligence sional intelligence committees a report of threat levels, it is crucial that our in- Community may be used to transfer or re- covered business concerns—including minor- telligence professionals receive the re- lease an individual detained at Guantanamo ity-owned, women-owned, small disadvan- sources they need to keep Americans

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.013 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8676 CONGRESSIONAL RECORD — HOUSE December 1, 2015 safe. This bill will authorize those re- sight Board’s (PCLOB) ability to access infor- curity and diplomacy, and promote en- sources while ensuring full congres- mation regarding covert action, it does not ergy efficiency and government ac- sional oversight of the intelligence alter the PCLOB’s broader jurisdiction or mis- countability, and for other purposes; community. I urge my colleagues to sion to provide independent oversight and to providing for consideration of the joint vote for the bill. ensure that the U.S. appropriately protects pri- resolution (S.J. Res. 23) providing for In closing, Mr. Speaker, I want to vacy and civil liberties in its counter terrorism congressional disapproval under chap- again thank Mr. SCHIFF for his conge- programs. ter 8 of title 5, United States Code, of niality and all of his staff’s work and With respect to covert actions, the language a rule submitted by the Environmental our staff’s work on our side. of H.R. 4127 has been reworded to empha- Protection Agency relating to ‘‘Stand- Mr. Speaker, I urge passage of the size that such actions are subject to presi- ards of Performance for Greenhouse bill. dential approval and reporting to Congress Gas Emissions from New, Modified, and I yield back the balance of my time. pursuant to existing law. Reconstructed Stationary Sources: Ms. JACKSON LEE. Mr. Speaker, as a sen- The balance between liberty and security Electric Utility Generating Units’’; and ior member of the Homeland Security Com- must be respected to preserve our way of life providing for consideration of the joint mittee and Ranking member of the Judiciary and the values that countless generations resolution (S.J. Res. 24) providing for Committee’s Subcommittee on Crime, Ter- have fought to preserve. congressional disapproval under chap- rorism, Homeland Security, and Investigations, This includes taking precautionary measures ter 8 of title 5, United States Code, of I rise in support of H.R. 4127, the ‘‘Intelligence to ensure that lives are safe from eminent a rule submitted by the Environmental Authorization Act for Fiscal Year 2016,’’ for danger and terrorist threats both domestically Protection Agency relating to ‘‘Carbon several reasons. With bipartisan legislative changes nego- and abroad. Pollution Emission Guidelines for Ex- tiated and incorporated, H.R. 4127, is an im- On balance, Mr. Speaker, H.R. 4127 con- isting Stationary Sources: Electric proved and acceptable bill that will provide tains more salutary than objectionable provi- Utility Generating Units’’, on which critical funding for our nation’s 16 intelligence sions, and for that reason I support this bill. the yeas and nays were ordered. The SPEAKER pro tempore. The agencies. The Clerk read the title of the resolu- While this measure is not perfect, H.R. 4127 question is on the motion offered by tion. corrects many of the provisions that were ob- the gentleman from California (Mr. The SPEAKER pro tempore. The jectionable by providing a more balanced and NUNES) that the House suspend the question is on ordering the previous realistic budget for our Intelligence Commu- rules and pass the bill, H.R. 4127. question. nity. The question was taken; and (two- The vote was taken by electronic de- The revised Intelligence Authorization Act thirds being in the affirmative) the vice, and there were—yeas 242, nays makes cuts to less effective programs, adds rules were suspended and the bill was 179, not voting 12, as follows: passed. money to underfunded ones, and requires in- [Roll No. 646] telligence agencies to keep Congress abreast A motion to reconsider was laid on of their activities to ensure responsible and the table. YEAS—242 lawful spending practices. f Abraham Duncan (TN) Kelly (MS) Aderholt Ellmers (NC) Kelly (PA) More specifically, I am pleased that this bill ANNOUNCEMENT BY THE SPEAKER Allen Emmer (MN) King (IA) will: provide critical resources for the fight PRO TEMPORE Amash Farenthold King (NY) against ISIL; emphasize collection to monitor Amodei Fincher Kinzinger (IL) and ensure compliance with the Iranian nu- The SPEAKER pro tempore. Pursu- Babin Fitzpatrick Kline ant to clause 8 of rule XX, proceedings Barletta Fleischmann Knight clear agreement; provide the necessary Barr Fleming Labrador means to counter threats from nation-state ac- will resume on questions previously Barton Flores LaHood tors, particularly in cyberspace, space and the postponed. Benishek Forbes LaMalfa undersea environment, and furthermore helps Votes will be taken in the following Bilirakis Fortenberry Lamborn order: Bishop (MI) Foxx Lance to shore up our counter-proliferation and Bishop (UT) Franks (AZ) Latta counter-intelligence capabilities; support our Ordering the previous question on H. Black Frelinghuysen LoBiondo overhead architecture through the funding of Res. 539; Blackburn Garrett Long Adopting H. Res. 539, if ordered; and Blum Gibbs Loudermilk critical space programs, invests in space pro- Bost Gibson Love tection and resiliency, preserves investments Suspending the rules and passing S. Boustany Gohmert Lucas in cutting-edge technologies, and enhances 1170. Brady (TX) Goodlatte Luetkemeyer the oversight of contracting and procurement The first electronic vote will be con- Brat Gosar Lummis ducted as a 15-minute vote. Remaining Bridenstine Gowdy MacArthur practices; promotes foreign partner capabili- Brooks (AL) Granger Marchant ties; and enhance human intelligence capabili- electronic votes will be conducted as 5- Brooks (IN) Graves (GA) Marino ties and oversight throughout CIA’s reorga- minute votes. Buchanan Graves (LA) Massie Buck Graves (MO) McCarthy nization process. f Bucshon Griffith McCaul H.R. 4127 will provide funding that is 7% PROVIDING FOR CONSIDERATION Burgess Grothman McClintock above last year’s enacted budget level, and OF H.R. 8, NORTH AMERICAN EN- Byrne Guinta McHenry only 1% less than President Obama’s budget Calvert Guthrie McKinley ERGY SECURITY AND INFRA- Carter (GA) Hanna McMorris request. STRUCTURE ACT OF 2015; PRO- Carter (TX) Hardy Rodgers Importantly, this version of the bill corrects VIDING FOR CONSIDERATION OF Chabot Harper McSally Chaffetz Harris Meadows the over-reliance on short-term Overseas Con- S.J. RES. 23, PROVIDING FOR tingency Operations (OCO) funding to evade Clawson (FL) Hartzler Meehan CONGRESSIONAL DISAPPROVAL Cole Heck (NV) Messer Budget Control Act caps, which proved prob- OF A RULE SUBMITTED BY THE Collins (GA) Hensarling Mica lematic in the earlier version. ENVIRONMENTAL PROTECTION Collins (NY) Hice, Jody B. Miller (FL) I applaud my colleagues for working to- Comstock Hill Miller (MI) AGENCY; AND PROVIDING FOR gether to reach agreement on a fair and bal- Conaway Holding Moolenaar CONSIDERATION OF S.J. RES. 24, Cook Hudson Mooney (WV) anced budget framework that does not harm PROVIDING FOR CONGRESSIONAL Costello (PA) Huelskamp Mullin our economy or require draconian cuts. Cramer Huizenga (MI) Mulvaney DISAPPROVAL OF A RULE SUB- Additionally of concern in the prior measure, Crawford Hultgren Murphy (PA) MITTED BY THE ENVIRON- Crenshaw Hunter Neugebauer to the extent intelligence funds might be used MENTAL PROTECTION AGENCY Culberson Hurd (TX) Newhouse in an effort to shutter the Guantanamo facility, Curbelo (FL) Hurt (VA) Noem the Guantanamo-related language in the cur- The SPEAKER pro tempore. The un- Davis, Rodney Issa Nugent rent version will merely subject those funds to finished business is the vote on order- Denham Jenkins (KS) Nunes Dent Jenkins (WV) Olson restrictions identical to those imposed by the ing the previous question on the reso- DeSantis Johnson (OH) Palazzo FY 2016 National Defense Authorization Act, lution (H. Res. 539) providing for con- DesJarlais Johnson, Sam Palmer recently passed and signed into law by the sideration of the bill (H.R. 8) to mod- Diaz-Balart Jolly Paulsen ernize energy infrastructure, build a Dold Jones Pearce President. Donovan Jordan Perry Lastly, while a provision of H.R. 4127 still 21st century energy and manufacturing Duffy Joyce Pittenger curtails the Privacy and Civil Liberties Over- workforce, bolster America’s energy se- Duncan (SC) Katko Pitts

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.030 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8677 Poe (TX) Russell Upton California, and Mr. MEEKS changed Rouzer Stewart Webster (FL) Poliquin Salmon Valadao their vote from ‘‘yea’’ to ‘‘nay.’’ Royce Stivers Wenstrup Pompeo Sanford Wagner Russell Stutzman Westerman Posey Scalise Walberg Mr. PALAZZO changed his vote from Salmon Thompson (PA) Westmoreland Price, Tom Schweikert Walden ‘‘nay’’ to ‘‘yea.’’ Sanford Thornberry Whitfield Ratcliffe Scott, Austin Walker So the previous question was ordered. Scalise Tiberi Wilson (SC) Reed Sensenbrenner Walorski Schweikert Tipton The result of the vote was announced Wittman Reichert Sessions Walters, Mimi Scott, Austin Trott Womack Renacci Shimkus Weber (TX) Sensenbrenner Turner as above recorded. Woodall Ribble Shuster Webster (FL) Sessions Upton Stated for: Yoder Rice (SC) Simpson Wenstrup Shimkus Valadao Yoho Rigell Smith (MO) Westerman Mr. COFFMAN. Mr. Speaker, on rollcall No. Shuster Wagner Roby Smith (NE) Westmoreland 646, I was unavoidably detained. Had I been Simpson Walberg Young (AK) Roe (TN) Smith (NJ) Whitfield present, I would have voted ‘‘yes.’’ Smith (MO) Walden Young (IA) Young (IN) Rogers (AL) Smith (TX) Wilson (SC) The SPEAKER pro tempore. The Smith (NE) Walker Rogers (KY) Stefanik Wittman Smith (NJ) Walorski Zeldin Rohrabacher Stewart Womack question is on the resolution. Smith (TX) Walters, Mimi Zinke Rokita Stivers Woodall The question was taken; and the Stefanik Weber (TX) Rooney (FL) Stutzman Yoder Speaker pro tempore announced that NOES—181 Ros-Lehtinen Thompson (PA) Yoho the ayes appeared to have it. Roskam Thornberry Young (AK) Adams Foster Murphy (FL) Ross Tiberi Young (IA) RECORDED VOTE Aguilar Frankel (FL) Nadler Rothfus Tipton Young (IN) Mr. MCGOVERN. Mr. Speaker, I de- Ashford Gabbard Napolitano Rouzer Trott Zeldin mand a recorded vote. Bass Gallego Neal Royce Turner Zinke Beatty Garamendi Nolan A recorded vote was ordered. NAYS—179 Becerra Graham Norcross The SPEAKER pro tempore. This is a Bera Grayson O’Rourke Adams Frankel (FL) Murphy (FL) 5-minute vote. Beyer Green, Al Pallone Aguilar Fudge Nadler Bishop (GA) Green, Gene The vote was taken by electronic de- Pascrell Ashford Gabbard Napolitano Blumenauer Grijalva Payne Bass Gallego Neal vice, and there were—ayes 243, noes 181, Bonamici Gutie´rrez Pelosi Beatty Garamendi Nolan not voting 9, as follows: Boyle, Brendan Hahn Perlmutter Becerra Graham Norcross F. Hastings [Roll No. 647] Peters Bera Grayson O’Rourke Brady (PA) Heck (WA) Peterson Beyer Green, Al Pallone AYES—243 Brown (FL) Higgins Pingree Blumenauer Green, Gene Pascrell Brownley (CA) Himes Pocan Bonamici Grijalva Payne Abraham Fleming Loudermilk Bustos Hinojosa Polis Boyle, Brendan Gutie´rrez Pelosi Aderholt Flores Love Butterfield Honda Price (NC) F. Hahn Perlmutter Allen Forbes Lucas Capps Hoyer Quigley Brady (PA) Hastings Peters Amash Fortenberry Luetkemeyer Capuano Huffman Rangel Brown (FL) Heck (WA) Peterson Amodei Foxx Lummis Ca´ rdenas Israel Rice (NY) Brownley (CA) Higgins Pingree Babin Franks (AZ) MacArthur Carney Jackson Lee Richmond Bustos Himes Pocan Barletta Frelinghuysen Marchant Carson (IN) Jeffries Roybal-Allard Butterfield Hinojosa Polis Barr Garrett Marino Cartwright Johnson (GA) Ruiz Capps Honda Price (NC) Barton Gibbs Massie Castor (FL) Johnson, E. B. Ryan (OH) Capuano Hoyer Quigley Benishek Gibson McCarthy Castro (TX) Kaptur Sa´ nchez, Linda Carney Huffman Rangel Bilirakis Gohmert McCaul Chu, Judy Keating T. Carson (IN) Israel Rice (NY) Bishop (MI) Goodlatte McClintock Cicilline Kelly (IL) Sanchez, Loretta Cartwright Jackson Lee Richmond Bishop (UT) Gosar McHenry Clark (MA) Kennedy Sarbanes Castor (FL) Jeffries Roybal-Allard Black Gowdy McKinley Clarke (NY) Kildee Schakowsky Castro (TX) Johnson (GA) Ruiz Blackburn Granger McMorris Clay Kilmer Chu, Judy Johnson, E. B. Ryan (OH) Blum Graves (GA) Rodgers Cleaver Kind Schiff Cicilline Kaptur Sa´ nchez, Linda Bost Graves (LA) McSally Clyburn Kuster Schrader Clark (MA) Keating T. Boustany Graves (MO) Meadows Cohen Langevin Scott (VA) Clarke (NY) Kelly (IL) Sanchez, Loretta Brady (TX) Griffith Meehan Connolly Larsen (WA) Scott, David Clay Kennedy Sarbanes Brat Grothman Messer Conyers Larson (CT) Serrano Cleaver Kildee Schakowsky Bridenstine Guinta Mica Cooper Lawrence Sherman Clyburn Kilmer Schiff Brooks (AL) Guthrie Miller (FL) Costa Lee Sinema Cohen Kind Schrader Brooks (IN) Hanna Miller (MI) Courtney Levin Sires Connolly Kuster Scott (VA) Buchanan Hardy Moolenaar Crowley Lewis Smith (WA) Conyers Langevin Scott, David Buck Harper Mooney (WV) Cuellar Lieu, Ted Speier Cooper Larsen (WA) Serrano Bucshon Harris Mullin Cummings Lipinski Swalwell (CA) Costa Larson (CT) Sherman Burgess Hartzler Mulvaney Davis (CA) Loebsack Takano Courtney Lawrence Sinema Byrne Heck (NV) Murphy (PA) Davis, Danny Lofgren Thompson (CA) Crowley Lee Sires Calvert Hensarling Neugebauer DeFazio Lowenthal Thompson (MS) Cuellar Levin Smith (WA) Carter (GA) Hice, Jody B. Newhouse DeGette Lowey Titus Cummings Lewis Speier Carter (TX) Hill Noem Delaney Lujan Grisham Tonko Davis (CA) Lieu, Ted Swalwell (CA) Chabot Holding Nugent DeLauro (NM) Torres Davis, Danny Lipinski Takano Chaffetz Hudson Nunes DelBene Luja´ n, Ben Ray Tsongas DeFazio Loebsack Thompson (CA) Clawson (FL) Huelskamp Olson DeSaulnier (NM) Van Hollen DeGette Lofgren Thompson (MS) Coffman Huizenga (MI) Palazzo Deutch Lynch Vargas Delaney Lowenthal Titus Cole Hultgren Palmer Dingell Maloney, Veasey DeLauro Lowey Tonko Collins (GA) Hunter Paulsen Doggett Carolyn Vela DelBene Lujan Grisham Torres Collins (NY) Hurd (TX) Pearce Doyle, Michael Maloney, Sean Vela´ zquez DeSaulnier (NM) Tsongas Comstock Hurt (VA) Perry F. Matsui Visclosky Deutch Luja´ n, Ben Ray Van Hollen Conaway Issa Pittenger Duckworth McCollum Walz Dingell (NM) Vargas Cook Jenkins (KS) Pitts Edwards McDermott Wasserman Doggett Lynch Veasey Costello (PA) Jenkins (WV) Poe (TX) Ellison McGovern Schultz Doyle, Michael Maloney, Vela Cramer Johnson (OH) Poliquin Engel McNerney Waters, Maxine F. Carolyn Vela´ zquez Crawford Johnson, Sam Pompeo Eshoo Meeks Watson Coleman Duckworth Maloney, Sean Visclosky Crenshaw Jolly Posey Esty Meng Welch Edwards Matsui Walz Culberson Jones Price, Tom Farr Moore Wilson (FL) Ellison McDermott Wasserman Curbelo (FL) Jordan Ratcliffe Fattah Moulton Yarmuth Engel McGovern Schultz Davis, Rodney Joyce Reed Eshoo McNerney Waters, Maxine Denham Katko Reichert NOT VOTING—9 Dent Kelly (MS) Renacci Esty Meeks Watson Coleman Fudge Ruppersberger Slaughter DeSantis Kelly (PA) Ribble Farr Meng Welch Herrera Beutler Rush Takai DesJarlais King (IA) Rice (SC) Fattah Moore Wilson (FL) Kirkpatrick Sewell (AL) Williams Foster Moulton Yarmuth Diaz-Balart King (NY) Rigell Dold Kinzinger (IL) Roby ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE NOT VOTING—12 Donovan Kline Roe (TN) The SPEAKER pro tempore (during Duffy Knight Rogers (AL) Bishop (GA) Kirkpatrick Sewell (AL) the vote). There are 2 minutes remain- Ca´ rdenas McCollum Slaughter Duncan (SC) Labrador Rogers (KY) Coffman Ruppersberger Takai Duncan (TN) LaHood Rohrabacher ing. Herrera Beutler Rush Williams Ellmers (NC) LaMalfa Rokita Emmer (MN) Lamborn Rooney (FL) b 1359 b 1348 Farenthold Lance Ros-Lehtinen So the resolution was agreed to. Fincher Latta Roskam Messrs. ISRAEL, ELLISON, Ms. Fitzpatrick LoBiondo Ross The result of the vote was announced TSONGAS, Ms. MAXINE WATERS of Fleischmann Long Rothfus as above recorded.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.016 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8678 CONGRESSIONAL RECORD — HOUSE December 1, 2015 A motion to reconsider was laid on he got word that an officer was down. Cook Hudson Moore Cooper Huelskamp Moulton the table. These three innocent individuals and Costa Huffman Mullin f their families, friends, and loved ones Costello (PA) Huizenga (MI) Mulvaney were the victims of senseless violence. Courtney Hultgren Murphy (FL) PERMISSION TO VACATE PRO- I would like to extend my sincere Cramer Hunter Murphy (PA) CEEDINGS ON H.R. 4127, INTEL- Crawford Hurd (TX) Nadler thanks to the brave first responders LIGENCE AUTHORIZATION ACT Crenshaw Hurt (VA) Napolitano and law enforcement officers who re- FOR FISCAL YEAR 2016 Crowley Israel Neal sponded on that day. Their heroism Culberson Issa Neugebauer Mr. NUNES. Mr. Speaker, I ask unan- prevented a bad situation from being so Cummings Jackson Lee Newhouse imous consent that proceedings by Curbelo (FL) Jeffries Noem much worse. Davis (CA) Jenkins (KS) Nolan which the motion to reconsider was I would also like to thank everyone Davis, Danny Jenkins (WV) Norcross laid upon the table and by which the for their outpouring of support and Davis, Rodney Johnson (GA) Nugent motion that the House suspend the prayers for Colorado Springs. We are a DeFazio Johnson (OH) Nunes DeGette Johnson, E. B. O’Rourke rules and pass the bill (H.R. 4127) to au- resilient and supportive community Delaney Johnson, Sam Olson thorize appropriations for fiscal year that will come together and will pull DeLauro Jolly Palazzo 2016 for intelligence and intelligence- through this tragedy. DelBene Jones Pallone related activities of the United States Denham Jordan Palmer Mr. Speaker, I ask my colleagues to Dent Joyce Pascrell Government, the Community Manage- stand with me and my colleagues from DeSantis Kaptur Paulsen ment Account, and the Central Intel- the Colorado delegation and with the DeSaulnier Katko Payne ligence Agency Retirement and Dis- community of Colorado Springs for a Deutch Keating Pearce ability System, and for other purposes, Diaz-Balart Kelly (IL) Pelosi moment of silence and to reflect upon Dingell Kelly (MS) Perlmutter was adopted be vacated to the end that the lives that were lost and to pray for Doggett Kelly (PA) Perry the Chair put the question de novo. their families and loved ones. Dold Kennedy Peters The SPEAKER pro tempore. The The SPEAKER pro tempore. The Donovan Kildee Peterson Clerk will report the title of the bill. Doyle, Michael Kilmer Pingree House will observe a moment of si- F. Kind Pittenger The Clerk read the title of the bill. lence. Duckworth King (IA) Pitts The SPEAKER pro tempore. Is there Duffy King (NY) Pocan objection to the request of the gen- f Duncan (SC) Kinzinger (IL) Poe (TX) tleman from California? Duncan (TN) Kline Poliquin BREAST CANCER RESEARCH Edwards Knight Polis There was no objection. STAMP REAUTHORIZATION ACT Ellison Kuster Pompeo The SPEAKER pro tempore. Pro- OF 2015 Ellmers (NC) Labrador Posey ceedings whereby the motion to recon- Emmer (MN) LaHood Price (NC) The SPEAKER pro tempore. Without Engel LaMalfa Price, Tom sider was laid on the table and by Eshoo Lamborn Quigley which the House adopted the motion to objection, 5-minute voting will con- Esty Lance Rangel suspend the rules and pass H.R. 4127 are tinue. Farenthold Langevin Ratcliffe vacated, and the Chair will put the There was no objection. Farr Larsen (WA) Reed The SPEAKER pro tempore. The un- Fattah Larson (CT) Reichert question de novo. Fincher Latta Renacci The question is, Will the House sus- finished business is the vote on the mo- Fleischmann Lawrence Ribble pend the rules and pass the bill, H.R. tion to suspend the rules and pass the Fleming Lee Rice (NY) 4127? bill (S. 1170) to amend title 39, United Flores Levin Rice (SC) States Code, to extend the authority of Forbes Lewis Richmond The question was taken. Fortenberry Lieu, Ted Rigell The SPEAKER pro tempore. In the the United States Postal Service to Foster Lipinski Roby opinion of the Chair, two-thirds being issue a semipostal to raise funds for Foxx LoBiondo Roe (TN) breast cancer research, and for other Frankel (FL) Loebsack Rogers (KY) in the affirmative, the ayes have it. Franks (AZ) Lofgren Rohrabacher Mr. NUNES. Mr. Speaker, I demand a purposes, on which the yeas and nays Frelinghuysen Long Rokita recorded vote. were ordered. Gabbard Loudermilk Rooney (FL) A recorded vote was ordered. The Clerk read the title of the bill. Gallego Love Ros-Lehtinen The SPEAKER pro tempore. The Garamendi Lowenthal Roskam The SPEAKER pro tempore. Pursu- Garrett Lowey Ross ant to clause 8 of rule XX, further pro- question is on the motion offered by Gibbs Lucas Rothfus ceedings on this motion will be post- the gentleman from Utah (Mr. Gibson Luetkemeyer Rouzer poned. CHAFFETZ) that the House suspend the Gohmert Lujan Grisham Roybal-Allard Goodlatte (NM) Royce f rules and pass the bill. Gosar Luja´ n, Ben Ray Ruiz This is a 5-minute vote. Gowdy (NM) Russell MOMENT OF SILENCE IN RECOGNI- The vote was taken by electronic de- Graham Lummis Ryan (OH) TION OF THE AFTERMATH OF vice, and there were—yeas 422, nays 1, Granger Lynch Salmon Graves (GA) MacArthur Sa´ nchez, Linda TERRIBLE ACTS OF VIOLENCE IN not voting 10, as follows: COLORADO SPRINGS, COLORADO Graves (LA) Maloney, T. [Roll No. 648] Graves (MO) Carolyn Sanchez, Loretta (Mr. LAMBORN asked and was given Grayson Maloney, Sean Sanford YEAS—422 Green, Al Marchant Sarbanes permission to address the House for 1 Abraham Bonamici Carson (IN) Green, Gene Marino Scalise minute.) Adams Bost Carter (GA) Griffith Massie Schakowsky Mr. LAMBORN. Mr. Speaker, I rise Aderholt Boustany Carter (TX) Grijalva Matsui Schiff today with sadness in the aftermath of Aguilar Boyle, Brendan Cartwright Grothman McCarthy Schrader Allen F. Castor (FL) Guinta McCaul Schweikert a terrible act of violence that took the Amodei Brady (PA) Castro (TX) Guthrie McClintock Scott (VA) lives of three innocent victims and in- Ashford Brady (TX) Chabot Gutie´rrez McCollum Scott, Austin jured nine others in my hometown of Babin Brat Chaffetz Hahn McDermott Scott, David Barletta Bridenstine Chu, Judy Hanna McGovern Sensenbrenner Colorado Springs, Colorado, last Fri- Barr Brooks (AL) Cicilline Hardy McHenry Serrano day. Barton Brooks (IN) Clark (MA) Harper McKinley Sessions Among those lives that were trag- Bass Brown (FL) Clarke (NY) Harris McMorris Sherman ically lost was Iraq war veteran and fa- Beatty Brownley (CA) Clawson (FL) Hartzler Rodgers Shimkus Becerra Buchanan Clay Hastings McNerney Shuster ther of two, Ke’Arre Stewart; wife and Benishek Buck Cleaver Heck (NV) McSally Simpson mother of two, Jennifer Markovsky; Bera Bucshon Clyburn Heck (WA) Meadows Sinema and University of Colorado-Colorado Beyer Burgess Coffman Hensarling Meehan Sires Bilirakis Bustos Cohen Hice, Jody B. Meeks Smith (MO) Springs police officer, husband, father Bishop (GA) Butterfield Cole Higgins Meng Smith (NE) of two and the pastor at Hope Chapel, Bishop (MI) Byrne Collins (GA) Hill Messer Smith (NJ) Garrett Swasey, who bravely rushed to Bishop (UT) Calvert Collins (NY) Himes Mica Smith (TX) the scene to help save others. Officer Black Capps Comstock Hinojosa Miller (FL) Smith (WA) Blackburn Capuano Conaway Holding Miller (MI) Speier Swasey immediately left his own juris- Blum Ca´ rdenas Connolly Honda Moolenaar Stefanik diction and rushed to the scene when Blumenauer Carney Conyers Hoyer Mooney (WV) Stewart

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.035 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8679 Stivers Vargas Wenstrup Bost Gibson McKinley Stefanik Upton Wenstrup Stutzman Veasey Westerman Boustany Goodlatte McMorris Stewart Valadao Westerman Swalwell (CA) Vela Westmoreland Boyle, Brendan Gowdy Rodgers Stivers Van Hollen Westmoreland Takano Vela´ zquez Whitfield F. Graham McNerney Stutzman Vargas Whitfield Thompson (CA) Visclosky Wilson (FL) Brady (PA) Granger McSally Swalwell (CA) Veasey Wilson (FL) Thompson (MS) Wagner Wilson (SC) Brady (TX) Graves (GA) Meadows Thompson (CA) Vela Wilson (SC) Thompson (PA) Walberg Wittman Brat Graves (LA) Meehan Thompson (MS) Visclosky Wittman Thornberry Walden Womack Bridenstine Graves (MO) Meeks Thompson (PA) Wagner Womack Tiberi Walker Thornberry Walberg Woodall Brooks (AL) Green, Al Meng Woodall Tipton Walorski Tiberi Walden Yarmuth Brooks (IN) Green, Gene Messer Yoder Titus Walters, Mimi Brown (FL) Grothman Mica Tipton Walker Yoder Yoho Tonko Walz Brownley (CA) Guinta Miller (FL) Titus Walorski Yoho Young (AK) Torres Wasserman Buchanan Guthrie Miller (MI) Tonko Walters, Mimi Young (AK) Young (IA) Trott Schultz Buck Gutie´rrez Moolenaar Torres Walz Young (IA) Young (IN) Tsongas Waters, Maxine Bucshon Hanna Moulton Trott Wasserman Turner Watson Coleman Young (IN) Burgess Hardy Mullin Tsongas Schultz Zeldin Upton Weber (TX) Zeldin Bustos Harper Murphy (FL) Turner Webster (FL) Zinke Valadao Webster (FL) Zinke Butterfield Hartzler Murphy (PA) NOES—58 Van Hollen Welch Byrne Hastings Nadler Amash Griffith Moore NAYS—1 Calvert Heck (NV) Napolitano Capps Heck (WA) Neal Bass Grijalva Mulvaney Amash Ca´ rdenas Hensarling Neugebauer Blumenauer Hahn O’Rourke Carney Newhouse Capuano Harris NOT VOTING—10 Hice, Jody B. Pallone Carson (IN) Higgins Noem Clark (MA) Honda Perry Fudge Ruppersberger Takai Carter (GA) Hill Nolan Clarke (NY) Huelskamp Pingree Herrera Beutler Rush Williams Carter (TX) Himes Norcross Clawson (FL) Huffman Pocan Kirkpatrick Sewell (AL) Cartwright Hinojosa Nugent Conyers Jones Poe (TX) DelBene Jordan Rogers (AL) Slaughter Castor (FL) Holding Nunes Polis DesJarlais Labrador Castro (TX) Hoyer Olson Posey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Doyle, Michael Lee Chabot Hudson Palazzo Sanford The SPEAKER pro tempore (during Chaffetz Huizenga (MI) Palmer F. Lewis Duncan (SC) Lieu, Ted Schakowsky the vote). There are 2 minutes remain- Chu, Judy Hultgren Pascrell Takano Cicilline Hunter Paulsen Duncan (TN) Lofgren Vela´ zquez ing. Clay Hurd (TX) Payne Ellison Lowenthal Waters, Maxine Cleaver Hurt (VA) Pearce Fattah Lummis Watson Coleman b 1410 Clyburn Israel Pelosi Gabbard Massie Gohmert Weber (TX) So (two-thirds being in the affirma- Coffman Issa Perlmutter McDermott Cohen Jackson Lee Peters Gosar McGovern Welch tive) the rules were suspended and the Cole Jeffries Peterson Grayson Mooney (WV) Yarmuth bill was passed. Collins (GA) Jenkins (KS) Pittenger NOT VOTING—11 The result of the vote was announced Collins (NY) Jenkins (WV) Poliquin Davis, Danny Pitts Slaughter as above recorded. Comstock Johnson (GA) Pompeo Conaway Johnson (OH) Price (NC) Fudge Ruppersberger Takai A motion to reconsider was laid on Connolly Johnson, E. B. Price, Tom Herrera Beutler Rush Williams the table. Cook Johnson, Sam Quigley Kirkpatrick Sewell (AL) Stated for: Cooper Jolly Rangel ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. ROGERS of Alabama. Mr. Speaker, on Costa Joyce Ratcliffe Costello (PA) Kaptur Reed The SPEAKER pro tempore (Mr. rollcall No. 648 I was off the floor meeting with Courtney Katko Reichert CURBELO of Florida) (during the vote). an Air Force General when this vote was Cramer Keating Renacci There are 2 minutes remaining. called. By the time I reached the floor to vote, Crawford Kelly (IL) Ribble Crenshaw Kelly (MS) Rice (NY) the gavel had fallen and closed the vote. Had Crowley Kelly (PA) Rice (SC) b 1433 I been present, I would have voted ‘‘yes.’’ Cuellar Kennedy Richmond Mr. CONYERS changed his vote from Culberson Kildee Rigell f ‘‘aye’’ to ‘‘no.’’ Cummings Kilmer Roby ´ Curbelo (FL) Kind Roe (TN) Mr. GUTIERREZ changed his vote INTELLIGENCE AUTHORIZATION Davis (CA) King (IA) Rogers (AL) from ‘‘no’’ to ‘‘aye.’’ ACT FOR FISCAL YEAR 2016 Davis, Rodney King (NY) Rogers (KY) So (two-thirds being in the affirma- DeFazio Kinzinger (IL) Rohrabacher The SPEAKER pro tempore. Pursu- DeGette Kline Rokita tive) the rules were suspended and the ant to clause 8 of rule XX, the unfin- Delaney Knight Rooney (FL) bill was passed. ished business is the vote on the mo- DeLauro Kuster Ros-Lehtinen The result of the vote was announced Denham LaHood Roskam tion to suspend the rules and pass the Dent LaMalfa Ross as above recorded. bill (H.R. 4127) to authorize appropria- DeSantis Lamborn Rothfus A motion to reconsider was laid on tions for fiscal year 2016 for intel- DeSaulnier Lance Rouzer the table. Deutch Langevin Roybal-Allard ligence and intelligence-related activi- PERSONAL EXPLANATION Diaz-Balart Larsen (WA) Royce ties of the United States Government, Dingell Larson (CT) Ruiz Ms. SEWELL of Alabama. Mr. Speaker, dur- the Community Management Account, Doggett Latta Russell ing the votes held on December 1, 2015, I and the Central Intelligence Agency Dold Lawrence Ryan (OH) Donovan Levin Salmon was inescapably detained and away handling Retirement and Disability System, and Duckworth Lipinski Sa´ nchez, Linda important matters related to my District and for other purposes, on which a recorded Duffy LoBiondo T. the State of Alabama. If I had been present, vote has been ordered. Edwards Loebsack Sanchez, Loretta I would have voted ‘‘no’’ on the Motion on Or- The Clerk read the title of the bill. Ellmers (NC) Long Sarbanes Emmer (MN) Loudermilk Scalise dering the Previous Question on the Rule pro- The SPEAKER pro tempore. The Engel Love Schiff viding for consideration of H.R. 8, S.J. Res. 23 question is on the motion offered by Eshoo Lowey Schrader and S.J. Res 24. Also, I would have voted the gentleman from California (Mr. Esty Lucas Schweikert Farenthold Luetkemeyer Scott (VA) ‘‘no’’ on H. Res. 539. Finally, I would have NUNES) that the House suspend the Farr Lujan Grisham Scott, Austin voted ‘‘yes’’ on S. 1170, the Breast Cancer rules and pass the bill. Fincher (NM) Scott, David Research Stamp Reauthorization Act of 2015, The vote was taken by electronic de- Fitzpatrick Luja´ n, Ben Ray Sensenbrenner and ‘‘yes’’ on H.R. 4127, the Intelligence Au- vice, and there were—ayes 364, noes 58, Fleischmann (NM) Serrano Fleming Lynch Sessions thorization Act for Fiscal Year 2016. not voting 11, as follows: Flores MacArthur Sherman [Roll No. 649] Forbes Maloney, Shimkus f Fortenberry Carolyn Shuster AYES—364 Foster Maloney, Sean Simpson CONFERENCE REPORT ON H.R. 22, Abraham Barletta Bilirakis Foxx Marchant Sinema SURFACE TRANSPORTATION RE- Adams Barr Bishop (GA) Frankel (FL) Marino Sires AUTHORIZATION AND REFORM Aderholt Barton Bishop (MI) Franks (AZ) Matsui Smith (MO) Aguilar Beatty Bishop (UT) Frelinghuysen McCarthy Smith (NE) ACT OF 2015 Allen Becerra Black Gallego McCaul Smith (NJ) Mr. SHUSTER submitted the fol- Amodei Benishek Blackburn Garamendi McClintock Smith (TX) Ashford Bera Blum Garrett McCollum Smith (WA) lowing conference report and state- Babin Beyer Bonamici Gibbs McHenry Speier ment on the bill (H.R. 22) to authorize

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.015 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8680 CONGRESSIONAL RECORD — HOUSE December 1, 2015 funds for Federal-aid highways, high- Sec. 1303. Treatment of certain bridges under Sec. 1435. Appalachian development highway way safety programs, and transit pro- preservation requirements. system. grams, and for other purposes: Sec. 1304. Efficient environmental reviews for Sec. 1436. Appalachian regional development project decisionmaking. program. CONFERENCE REPORT (TO ACCOMPANY H.R. 22) Sec. 1305. Integration of planning and environ- Sec. 1437. Border State infrastructure. The committee of conference on the dis- mental review. Sec. 1438. Adjustments. agreeing votes of the two Houses on the Sec. 1306. Development of programmatic mitiga- Sec. 1439. Elimination of barriers to improve at- amendment of the House to the amendment tion plans. risk bridges. of the Senate to the bill (H.R. 22), to author- Sec. 1307. Technical assistance for States. Sec. 1440. At-risk project preagreement author- ize funds for Federal-aid highways, highway Sec. 1308. Surface transportation project deliv- ity. safety programs, and transmit programs, and ery program. Sec. 1441. Regional infrastructure accelerator for other purposes, having met, after full and Sec. 1309. Program for eliminating duplication demonstration program. free conference, have agreed to recommend of environmental reviews. Sec. 1442. Safety for users. and do recommend to their respective Houses Sec. 1310. Application of categorical exclusions Sec. 1443. Sense of Congress. as follows: for multimodal projects. Sec. 1444. Every Day Counts initiative. That the Senate recede from its disagree- Sec. 1311. Accelerated decisionmaking in envi- Sec. 1445. Water infrastructure finance and in- ment to the amendment of the House and ronmental reviews. novation. agree to the same with an amendment as fol- Sec. 1312. Improving State and Federal agency Sec. 1446. Technical corrections. lows: engagement in environmental re- TITLE II—INNOVATIVE PROJECT FINANCE In lieu of the matter proposed to be in- views. Sec. 2001. Transportation Infrastructure Fi- serted by the House amendment, insert the Sec. 1313. Aligning Federal environmental re- nance and Innovation Act of 1998 following: views. amendments. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 1314. Categorical exclusion for projects of Sec. 2002. Availability payment concession (a) SHORT TITLE.—This Act may be cited as limited Federal assistance. model. Sec. 1315. Programmatic agreement template. the ‘‘Fixing America’s Surface Transportation TITLE III—PUBLIC TRANSPORTATION Act’’ or the ‘‘FAST Act’’. Sec. 1316. Assumption of authorities. Sec. 3001. Short title. (b) TABLE OF CONTENTS.—The table of con- Sec. 1317. Modernization of the environmental Sec. 3002. Definitions. tents for this Act is as follows: review process. Sec. 1318. Assessment of progress on accel- Sec. 3003. Metropolitan and statewide transpor- Sec. 1. Short title; table of contents. erating project delivery. tation planning. DIVISION A—SURFACE TRANSPORTATION Sec. 3004. Urbanized area formula grants. Subtitle D—Miscellaneous Sec. 1001. Definitions. Sec. 3005. Fixed guideway capital investment Sec. 1401. Prohibition on the use of funds for Sec. 1002. Reconciliation of funds. grants. Sec. 1003. Effective date. automated traffic enforcement. Sec. 3006. Enhanced mobility of seniors and in- Sec. 1004. References. Sec. 1402. Highway Trust Fund transparency dividuals with disabilities. and accountability. Sec. 3007. Formula grants for rural areas. TITLE I—FEDERAL-AID HIGHWAYS Sec. 1403. Additional deposits into Highway Sec. 3008. Public transportation innovation. Subtitle A—Authorizations and Programs Trust Fund. Sec. 3009. Technical assistance and workforce Sec. 1101. Authorization of appropriations. Sec. 1404. Design standards. development. Sec. 1102. Obligation ceiling. Sec. 1405. Justification reports for access points Sec. 3010. Private sector participation. Sec. 1103. Definitions. on the Interstate System. Sec. 3011. General provisions. Sec. 1104. Apportionment. Sec. 1406. Performance period adjustment. Sec. 3012. Project management oversight. Sec. 1105. Nationally significant freight and Sec. 1407. Vehicle-to-infrastructure equipment. Sec. 3013. Public transportation safety program. highway projects. Sec. 1408. Federal share payable. Sec. 3014. Apportionments. Sec. 1106. National highway performance pro- Sec. 1409. Milk products. Sec. 3015. State of good repair grants. gram. Sec. 1410. Interstate weight limits. Sec. 3016. Authorizations. Sec. 1107. Emergency relief for federally owned Sec. 1411. Tolling; HOV facilities; Interstate re- Sec. 3017. Grants for buses and bus facilities. roads. construction and rehabilitation. Sec. 3018. Obligation ceiling. Sec. 1108. Railway-highway grade crossings. Sec. 1412. Projects for public safety relating to Sec. 3019. Innovative procurement. Sec. 1109. Surface transportation block grant idling trains. Sec. 3020. Review of public transportation safe- program. Sec. 1413. National electric vehicle charging ty standards. Sec. 1110. Highway use tax evasion projects. and hydrogen, propane, and nat- Sec. 3021. Study on evidentiary protection for Sec. 1111. Bundling of bridge projects. ural gas fueling corridors. public transportation safety pro- Sec. 1112. Construction of ferry boats and ferry Sec. 1414. Repeat offender criteria. gram information. terminal facilities. Sec. 1415. Administrative provisions to encour- Sec. 3022. Improved public transportation safety Sec. 1113. Highway safety improvement pro- age pollinator habitat and forage measures. gram. on transportation rights-of-way. Sec. 3023. Paratransit system under FTA ap- Sec. 1114. Congestion mitigation and air quality Sec. 1416. High priority corridors on National proved coordinated plan. improvement program. Highway System. Sec. 3024. Report on potential of Internet of Sec. 1115. Territorial and Puerto Rico highway Sec. 1417. Work zone and guard rail safety Things. program. training. Sec. 3025. Report on parking safety. Sec. 1116. National highway freight program. Sec. 1418. Consolidation of programs. Sec. 3026. Appointment of directors of Wash- Sec. 1117. Federal lands and tribal transpor- Sec. 1419. Elimination or modification of certain ington Metropolitan Area Transit tation programs. reporting requirements. Authority. Sec. 1118. Tribal transportation program Sec. 1420. Flexibility for projects. Sec. 3027. Effectiveness of public transportation amendment. Sec. 1421. Productive and timely expenditure of changes and funding. Sec. 1119. Federal lands transportation pro- funds. Sec. 3028. Authorization of grants for positive gram. Sec. 1422. Study on performance of bridges. train control. Sec. 1120. Federal lands programmatic activi- Sec. 1423. Relinquishment of park-and-ride lot Sec. 3029. Amendment to title 5. ties. facilities. Sec. 3030. Technical and conforming changes. Sec. 1121. Tribal transportation self-governance Sec. 1424. Pilot program. TITLE IV—HIGHWAY TRAFFIC SAFETY program. Sec. 1425. Service club, charitable association, Sec. 4001. Authorization of appropriations. Sec. 1122. State flexibility for National Highway or religious service signs. Sec. 4002. Highway safety programs. System modifications. Sec. 1426. Motorcyclist advisory council. Sec. 4003. Highway safety research and devel- Sec. 1123. Nationally significant Federal lands Sec. 1427. Highway work zones. opment. and tribal projects program. Sec. 1428. Use of durable, resilient, and sustain- Sec. 4004. High-visibility enforcement program. Subtitle B—Planning and Performance able materials and practices. Sec. 4005. National priority safety programs. Management Sec. 1429. Identification of roadside highway Sec. 4006. Tracking process. safety hardware devices. Sec. 1201. Metropolitan transportation plan- Sec. 4007. Stop motorcycle checkpoint funding. Sec. 1430. Use of modeling and simulation tech- Sec. 4008. Marijuana-impaired driving. ning. nology. Sec. 4009. Increasing public awareness of the Sec. 1202. Statewide and nonmetropolitan Sec. 1431. National Advisory Committee on dangers of drug-impaired driving. transportation planning. Travel and Tourism Infrastruc- Sec. 4010. National priority safety program Subtitle C—Acceleration of Project Delivery ture. grant eligibility. Sec. 1301. Satisfaction of requirements for cer- Sec. 1432. Emergency exemptions. Sec. 4011. Data collection. tain historic sites. Sec. 1433. Report on Highway Trust Fund ad- Sec. 4012. Study on the national roadside sur- Sec. 1302. Clarification of transportation envi- ministrative expenditures. vey of alcohol and drug use by ronmental authorities. Sec. 1434. Availability of reports. drivers.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 6343 E:\CR\FM\K01DE7.040 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8681 Sec. 4013. Barriers to data collection report. TITLE VI—INNOVATION Sec. 7311. Study and testing of electronically Sec. 4014. Technical corrections. Sec. 6001. Short title. controlled pneumatic brakes. Sec. 4015. Effective date for certain programs. Sec. 6002. Authorization of appropriations. TITLE VIII—MULTIMODAL FREIGHT TITLE V—MOTOR CARRIER SAFETY Sec. 6003. Technology and innovation deploy- TRANSPORTATION Subtitle A—Motor Carrier Safety Grant ment program. Sec. 8001. Multimodal freight transportation. Consolidation Sec. 6004. Advanced transportation and conges- TITLE IX—NATIONAL SURFACE TRANS- Sec. 5101. Grants to States. tion management technologies de- PORTATION AND INNOVATIVE FINANCE Sec. 5102. Performance and registration infor- ployment. BUREAU mation systems management. Sec. 6005. Intelligent transportation system Sec. 5103. Authorization of appropriations. goals. Sec. 9001. National Surface Transportation and Sec. 5104. Commercial driver’s license program Sec. 6006. Intelligent transportation system pur- Innovative Finance Bureau. implementation. poses. Sec. 9002. Council on Credit and Finance. Sec. 5105. Extension of Federal motor carrier Sec. 6007. Intelligent transportation system pro- TITLE X—SPORT FISH RESTORATION AND safety programs for fiscal year gram report. RECREATIONAL BOATING SAFETY 2016. Sec. 6008. Intelligent transportation system na- Sec. 10001. Allocations. Sec. 5106. Motor carrier safety assistance pro- tional architecture and standards. Sec. 10002. Recreational boating safety. gram allocation. Sec. 6009. Communication systems deployment TITLE XI—RAIL Sec. 5107. Maintenance of effort calculation. report. Sec. 11001. Short title. Subtitle B—Federal Motor Carrier Safety Sec. 6010. Infrastructure development. Administration Reform Sec. 6011. Departmental research programs. Subtitle A—Authorizations PART I—REGULATORY REFORM Sec. 6012. Research and Innovative Technology Sec. 11101. Authorization of grants to Amtrak. Administration. Sec. 11102. Consolidated rail infrastructure and Sec. 5201. Notice of cancellation of insurance. Sec. 6013. Web-based training for emergency re- Sec. 5202. Regulations. safety improvements. Sec. 5203. Guidance. sponders. Sec. 11103. Federal-State partnership for state Sec. 5204. Petitions. Sec. 6014. Hazardous materials research and de- of good repair. Sec. 5205. Inspector standards. velopment. Sec. 11104. Restoration and enhancement Sec. 5206. Applications. Sec. 6015. Office of Intermodalism. grants. Sec. 6016. University transportation centers. Sec. 11105. Authorization of appropriations for PART II—COMPLIANCE, SAFETY, Sec. 6017. Bureau of Transportation Statistics. Amtrak Office of Inspector Gen- ACCOUNTABILITY REFORM Sec. 6018. Port performance freight statistics eral. Sec. 5221. Correlation study. program. Sec. 11106. Definitions. Sec. 5222. Beyond compliance. Sec. 6019. Research planning. Sec. 5223. Data certification. Subtitle B—Amtrak Reforms Sec. 6020. Surface transportation system fund- Sec. 5224. Data improvement. Sec. 11201. Accounts. ing alternatives. Sec. 5225. Accident review. Sec. 11202. Amtrak grant process. Sec. 6021. Future interstate study. Sec. 11203. 5-year business line and asset plans. Subtitle C—Commercial Motor Vehicle Safety Sec. 6022. Highway efficiency. Sec. 5301. Windshield technology. Sec. 11204. State-supported route committee. Sec. 6023. Transportation technology policy Sec. 11205. Composition of Amtrak’s Board of Sec. 5302. Prioritizing statutory rulemakings. working group. Sec. 5303. Safety reporting system. Directors. Sec. 6024. Collaboration and support. Sec. 11206. Route and service planning deci- Sec. 5304. New entrant safety review program. Sec. 6025. GAO report. Sec. 5305. High risk carrier reviews. sions. Sec. 6026. Traffic congestion. Sec. 11207. Food and beverage reform. Sec. 5306. Post-accident report review. Sec. 6027. Smart cities transportation planning Sec. 5307. Implementing safety requirements. Sec. 11208. Rolling stock purchases. study. Subtitle D—Commercial Motor Vehicle Drivers Sec. 11209. Local products and promotional Sec. 6028. Performance management data sup- events. Sec. 5401. Opportunities for veterans. port program. Sec. 11210. Amtrak pilot program for passengers Sec. 5402. Drug-free commercial drivers. TITLE VII—HAZARDOUS MATERIALS transporting domesticated cats Sec. 5403. Medical certification of veterans for TRANSPORTATION and dogs. commercial driver’s licenses. Sec. 11211. Right-of-way leveraging. Sec. 5404. Commercial driver pilot program. Sec. 7001. Short title. Subtitle A—Authorizations Sec. 11212. Station development. Subtitle E—General Provisions Sec. 11213. Amtrak boarding procedures. Sec. 5501. Delays in goods movement. Sec. 7101. Authorization of appropriations. Sec. 11214. Amtrak debt. Sec. 5502. Emergency route working group. Subtitle B—Hazardous Material Safety and Sec. 11215. Elimination of duplicative reporting. Sec. 5503. Household goods consumer protection Improvement Subtitle C—Intercity Passenger Rail Policy working group. Sec. 7201. National emergency and disaster re- Sec. 5504. Technology improvements. Sec. 11301. Consolidated rail infrastructure and sponse. Sec. 5505. Notification regarding motor carrier safety improvements. Sec. 7202. Motor carrier safety permits. registration. Sec. 11302. Federal-State partnership for state Sec. 7203. Improving the effectiveness of plan- Sec. 5506. Report on commercial driver’s license of good repair. ning and training grants. skills test delays. Sec. 11303. Restoration and enhancement Sec. 5507. Electronic logging device require- Sec. 7204. Improving publication of special per- grants. ments. mits and approvals. Sec. 11304. Gulf Coast rail service working Sec. 5508. Technical corrections. Sec. 7205. Enhanced reporting. group. Sec. 5509. Minimum financial responsibility. Sec. 7206. Wetlines. Sec. 11305. Northeast Corridor Commission. Sec. 5510. Safety study regarding double-decker Sec. 7207. GAO study on acceptance of classi- Sec. 11306. Northeast corridor planning. motorcoaches. fication examinations. Sec. 11307. Competition. Sec. 5511. GAO review of school bus safety. Sec. 7208. Hazardous materials endorsement ex- Sec. 11308. Performance-based proposals. Sec. 5512. Access to National Driver Register. emption. Sec. 11309. Large capital project requirements. Sec. 5513. Report on design and implementation Subtitle C—Safe Transportation of Flammable Sec. 11310. Small business participation study. of wireless roadside inspection Liquids by Rail Sec. 11311. Shared-use study. systems. Sec. 7301. Community safety grants. Sec. 11312. Northeast Corridor through- Sec. 5514. Regulation of tow truck operations. Sec. 7302. Real-time emergency response infor- ticketing and procurement effi- Sec. 5515. Study on commercial motor vehicle mation. ciencies. driver commuting. Sec. 7303. Emergency response. Sec. 11313. Data and analysis. Sec. 5516. Additional State authority. Sec. 7304. Phase-out of all tank cars used to Sec. 11314. Amtrak Inspector General. Sec. 5517. Report on motor carrier financial re- Sec. 11315. Miscellaneous provisions. sponsibility. transport Class 3 flammable liq- uids. Sec. 11316. Technical and conforming amend- Sec. 5518. Covered farm vehicles. ments. Sec. 5519. Operators of hi-rail vehicles. Sec. 7305. Thermal blankets. Sec. 5520. Automobile transporter. Sec. 7306. Minimum requirements for top fit- Subtitle D—Safety Sec. 5521. Ready mix concrete delivery vehicles. tings protection for class DOT– Sec. 11401. Highway-rail grade crossing safety. Sec. 5522. Transportation of construction mate- 117R tank cars. Sec. 11402. Private highway-rail grade cross- rials and equipment. Sec. 7307. Rulemaking on oil spill response ings. Sec. 5523. Commercial delivery of light- and me- plans. Sec. 11403. Study on use of locomotive horns at dium-duty trailers. Sec. 7308. Modification reporting. highway-rail grade crossings. Sec. 5524. Exemptions from requirements for Sec. 7309. Report on crude oil characteristics re- Sec. 11404. Positive train control at grade cross- certain welding trucks used in search study. ings effectiveness study. pipeline industry. Sec. 7310. Hazardous materials by rail liability Sec. 11405. Bridge inspection reports. Sec. 5525. Report. study. Sec. 11406. Speed limit action plans.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 6343 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8682 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Sec. 11407. Alerters. Sec. 24333. Tire registration by independent Sec. 41008. Reports. Sec. 11408. Signal protection. sellers. Sec. 41009. Funding for governance, oversight, Sec. 11409. Commuter rail track inspections. Sec. 24334. Tire identification study and report. and processing of environmental Sec. 11410. Post-accident assessment. Sec. 24335. Tire recall database. reviews and permits. Sec. 11411. Recording devices. PART IV—ALTERNATIVE FUEL VEHICLES Sec. 41010. Application. Sec. 11412. Railroad police officers. Sec. 41011. GAO Report. Sec. 24341. Regulatory parity for natural gas Sec. 41012. Savings provision. Sec. 11413. Repair and replacement of damaged vehicles. track inspection equipment. Sec. 41013. Sunset. PART V—MOTOR VEHICLE SAFETY Sec. 41014. Placement. Sec. 11414. Report on vertical track deflection. WHISTLEBLOWER ACT Sec. 11415. Rail passenger liability. TITLE XLII—ADDITIONAL PROVISIONS Sec. 24351. Short title. Sec. 42001. GAO report on refunds to registered Subtitle E—Project Delivery Sec. 24352. Motor vehicle safety whistleblower vendors of kerosene used in non- Sec. 11501. Short title. incentives and protections. commercial aviation. Sec. 11502. Treatment of improvements to rail Subtitle D—Additional Motor Vehicle Provisions TITLE XLIII—PAYMENTS TO CERTIFIED and transit under preservation re- STATES AND INDIAN TRIBES quirements. Sec. 24401. Required reporting of NHTSA agen- Sec. 11503. Efficient environmental reviews. da. Sec. 43001. Payments from Abandoned Mine Sec. 11504. Railroad rights-of-way. Sec. 24402. Application of remedies for defects Reclamation Fund. and noncompliance. DIVISION E—EXPORT-IMPORT BANK OF Subtitle F—Financing Sec. 24403. Retention of safety records by man- THE UNITED STATES Sec. 11601. Short title; references. ufacturers. Sec. 50001. Short title. Sec. 11602. Definitions. Sec. 24404. Nonapplication of prohibitions relat- Sec. 11603. Eligible applicants. ing to noncomplying motor vehi- TITLE LI—TAXPAYER PROTECTION PROVI- Sec. 11604. Eligible purposes. cles to vehicles used for testing or SIONS AND INCREASED ACCOUNT- Sec. 11605. Program administration. evaluation. ABILITY Sec. 11606. Loan terms and repayment. Sec. 24405. Treatment of low-volume manufac- Sec. 51001. Reduction in authorized amount of Sec. 11607. Credit risk premiums. turers. outstanding loans, guarantees, Sec. 11608. Master credit agreements. Sec. 24406. Motor vehicle safety guidelines. and insurance. Sec. 11609. Priorities and conditions. Sec. 24407. Improvement of data collection on Sec. 51002. Increase in loss reserves. Sec. 11610. Savings provisions. child occupants in vehicle crash- Sec. 51003. Review of fraud controls. Sec. 51004. Office of Ethics. Sec. 11611. Report on leveraging RRIF. es. Sec. 51005. Chief Risk Officer. DIVISION B—COMPREHENSIVE TRANSPOR- DIVISION C—FINANCE Sec. 51006. Risk Management Committee. TATION AND CONSUMER PROTECTION TITLE XXXI—HIGHWAY TRUST FUND AND Sec. 51007. Independent audit of bank portfolio. ACT OF 2015 RELATED TAXES Sec. 51008. Pilot program for reinsurance. TITLE XXIV—MOTOR VEHICLE SAFETY Subtitle A—Extension of Trust Fund TITLE LII—PROMOTION OF SMALL Subtitle A—Vehicle Safety Expenditure Authority and Related Taxes BUSINESS EXPORTS Sec. 24101. Authorization of appropriations. Sec. 31101. Extension of Highway Trust Fund Sec. 52001. Increase in small business lending Sec. 24102. Inspector general recommendations. expenditure authority. requirements. Sec. 52002. Report on programs for small- and Sec. 24103. Improvements in availability of re- Sec. 31102. Extension of highway-related taxes. medium-sized businesses. call information. Subtitle B—Additional Transfers to Highway Sec. 24104. Recall process. Trust Fund TITLE LIII—MODERNIZATION OF OPERATIONS Sec. 24105. Pilot grant program for state notifi- Sec. 31201. Further additional transfers to trust cation to consumers of motor vehi- fund. Sec. 53001. Electronic payments and documents. cle recall status. Sec. 31202. Transfer to Highway Trust Fund of Sec. 53002. Reauthorization of information Sec. 24106. Recall obligations under bank- certain motor vehicle safety pen- technology updating. ruptcy. alties. TITLE LIV—GENERAL PROVISIONS Sec. 24107. Dealer requirement to check for open Sec. 31203. Appropriation from Leaking Under- Sec. 54001. Extension of authority. recall. ground Storage Tank Trust Fund. Sec. 54002. Certain updated loan terms and Sec. 24108. Extension of time period for remedy TITLE XXXII—OFFSETS amounts. of tire defects. Subtitle A—Tax Provisions TITLE LV—OTHER MATTERS Sec. 24109. Rental car safety. Sec. 55001. Prohibition on discrimination based Sec. 24110. Increase in civil penalties for viola- Sec. 32101. Revocation or denial of passport in case of certain unpaid taxes. on industry. tions of motor vehicle safety. Sec. 55002. Negotiations to end export credit fi- Sec. 24111. Electronic odometer disclosures. Sec. 32102. Reform of rules relating to qualified tax collection contracts. nancing. Sec. 24112. Corporate responsibility for NHTSA Sec. 55003. Study of financing for information reports. Sec. 32103. Special compliance personnel pro- gram. and communications technology Sec. 24113. Direct vehicle notification of recalls. systems. Sec. 24114. Unattended children warning. Sec. 32104. Repeal of modification of automatic DIVISION F—ENERGY SECURITY Sec. 24115. Tire pressure monitoring system. extension of return due date for Sec. 24116. Information regarding components certain employee benefit plans. Sec. 61001. Emergency preparedness for energy involved in recall. Subtitle B—Fees and Receipts supply disruptions. Sec. 61002. Resolving environmental and grid Sec. 32201. Adjustment for inflation of fees for Subtitle B—Research And Development And reliability conflicts. Vehicle Electronics certain customs services. Sec. 61003. Critical electric infrastructure secu- Sec. 32202. Limitation on surplus funds of Fed- Sec. 24201. Report on operations of the council rity. eral reserve banks. for vehicle electronics, vehicle Sec. 61004. Strategic Transformer Reserve. Sec. 32203. Dividends of Federal reserve banks. Sec. 61005. Energy security valuation. software, and emerging tech- Sec. 32204. Strategic Petroleum Reserve draw- DIVISION G—FINANCIAL SERVICES nologies. down and sale. Sec. 24202. Cooperation with foreign govern- Sec. 32205. Repeal. TITLE LXXI—IMPROVING ACCESS TO CAP- ments. ITAL FOR EMERGING GROWTH COMPA- Subtitle C—Outlays Subtitle C—Miscellaneous Provisions NIES Sec. 32301. Interest on overpayment. PART I—DRIVER PRIVACY ACT OF 2015 Sec. 71001. Filing requirement for public filing Subtitle D—Budgetary Effects Sec. 24301. Short title. prior to public offering. Sec. 32401. Budgetary effects. Sec. 71002. Grace period for change of status of Sec. 24302. Limitations on data retrieval from emerging growth companies. vehicle event data recorders. DIVISION D—MISCELLANEOUS Sec. 71003. Simplified disclosure requirements Sec. 24303. Vehicle event data recorder study. TITLE XLI—FEDERAL PERMITTING for emerging growth companies. IMPROVEMENT PART II—SAFETY THROUGH INFORMED TITLE LXXII—DISCLOSURE Sec. 41001. Definitions. CONSUMERS ACT OF 2015 MODERNIZATION AND SIMPLIFICATION Sec. 24321. Short title. Sec. 41002. Federal Permitting Improvement Council. Sec. 72001. Summary page for form 10–K. Sec. 24322. Passenger motor vehicle informa- Sec. 72002. Improvement of regulation S–K. tion. Sec. 41003. Permitting process improvement. Sec. 41004. Interstate compacts. Sec. 72003. Study on modernization and sim- PART III—TIRE EFFICIENCY, SAFETY, AND Sec. 41005. Coordination of required reviews. plification of regulation S–K. REGISTRATION ACT OF 2015 Sec. 41006. Delegated State permitting pro- TITLE LXXIII—BULLION AND COLLECT- Sec. 24331. Short title. grams. IBLE COIN PRODUCTION EFFICIENCY Sec. 24332. Tire fuel efficiency minimum per- Sec. 41007. Litigation, judicial review, and sav- AND COST SAVINGS formance standards. ings provision. Sec. 73001. Technical corrections.

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Sec. 73002. American Eagle Silver Bullion 30th (1) DEPARTMENT.—The term ‘‘Department’’ (aa) $268,000,000 for fiscal year 2016; Anniversary. means the Department of Transportation. (bb) $276,000,000 for fiscal year 2017; TITLE LXXIV—SBIC ADVISERS RELIEF (2) SECRETARY.—The term ‘‘Secretary’’ means (cc) $284,000,000 for fiscal year 2018; (dd) $292,000,000 for fiscal year 2019; and Sec. 74001. Advisers of SBICs and venture cap- the Secretary of Transportation. (ee) $300,000,000 for fiscal year 2020. ital funds. SEC. 1002. RECONCILIATION OF FUNDS. (II) the amount for the United States Fish and Sec. 74002. Advisers of SBICs and private The Secretary shall reduce the amount appor- Wildlife Service is $30,000,000 for each of fiscal funds. tioned or allocated for a program, project, or ac- years 2016 through 2020; and Sec. 74003. Relationship to State law. tivity under titles I and VI of this Act in fiscal year 2016 by amounts apportioned or allocated (III) the amount for the United States Forest TITLE LXXV—ELIMINATE PRIVACY Service is— NOTICE CONFUSION pursuant to any extension Act of MAP–21, in- cluding the amendments made by that extension (aa) $15,000,000 for fiscal year 2016; Sec. 75001. Exception to annual privacy notice Act, during the period beginning on October 1, (bb) $16,000,000 for fiscal year 2017; requirement under the Gramm- (cc) $17,000,000 for fiscal year 2018; 2015, and ending on the date of enactment of Leach-Bliley Act. (dd) $18,000,000 for fiscal year 2019; and this Act. For purposes of making such reduc- (ee) $19,000,000 for fiscal year 2020. TITLE LXXVI—REFORMING ACCESS FOR tions, funds set aside pursuant to section 133(h) (C) FEDERAL LANDS ACCESS PROGRAM.—For INVESTMENTS IN STARTUP ENTERPRISES of title 23, United States Code, as amended by the Federal lands access program under section Sec. 76001. Exempted transactions. this Act, shall be reduced by the amount set 204 of title 23, United States Code— aside pursuant to section 213 of such title, as in TITLE LXXVII—PRESERVATION ENHANCE- (i) $250,000,000 for fiscal year 2016; MENT AND SAVINGS OPPORTUNITY effect on the day before the date of enactment of (ii) $255,000,000 for fiscal year 2017; Sec. 77001. Distributions and residual receipts. this Act. (iii) $260,000,000 for fiscal year 2018; Sec. 77002. Future refinancings. SEC. 1003. EFFECTIVE DATE. (iv) $265,000,000 for fiscal year 2019; and Sec. 77003. Implementation. Except as otherwise provided, this division, (v) $270,000,000 for fiscal year 2020. TITLE LXXVIII—TENANT INCOME including the amendments made by this divi- (4) TERRITORIAL AND PUERTO RICO HIGHWAY VERIFICATION RELIEF sion, takes effect on October 1, 2015. PROGRAM.—For the territorial and Puerto Rico Sec. 78001. Reviews of family incomes. SEC. 1004. REFERENCES. highway program under section 165 of title 23, Except as expressly provided otherwise, any United States Code, $200,000,000 for each of fis- TITLE LXXIX—HOUSING ASSISTANCE reference to ‘‘this Act’’ contained in this divi- cal years 2016 through 2020. EFFICIENCY sion shall be treated as referring only to the pro- (5) NATIONALLY SIGNIFICANT FREIGHT AND Sec. 79001. Authority to administer rental as- visions of this division. HIGHWAY PROJECTS.—For nationally significant sistance. TITLE I—FEDERAL-AID HIGHWAYS freight and highway projects under section 117 Sec. 79002. Reallocation of funds. of title 23, United States Code— TITLE LXXX—CHILD SUPPORT Subtitle A—Authorizations and Programs (A) $800,000,000 for fiscal year 2016; ASSISTANCE SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. (B) $850,000,000 for fiscal year 2017; Sec. 80001. Requests for consumer reports by (a) IN GENERAL.—The following sums are au- (C) $900,000,000 for fiscal year 2018; State or local child support en- thorized to be appropriated out of the Highway (D) $950,000,000 for fiscal year 2019; and forcement agencies. Trust Fund (other than the Mass Transit Ac- (E) $1,000,000,000 for fiscal year 2020. count): (b) DISADVANTAGED BUSINESS ENTERPRISES.— TITLE LXXXI—PRIVATE INVESTMENT IN (1) FEDERAL-AID HIGHWAY PROGRAM.—For the (1) FINDINGS.—Congress finds that— HOUSING national highway performance program under (A) while significant progress has occurred Sec. 81001. Budget-neutral demonstration pro- section 119 of title 23, United States Code, the due to the establishment of the disadvantaged gram for energy and water con- surface transportation block grant program business enterprise program, discrimination and servation improvements at multi- under section 133 of that title, the highway safe- related barriers continue to pose significant ob- family residential units. ty improvement program under section 148 of stacles for minority- and women-owned busi- TITLE LXXXII—CAPITAL ACCESS FOR that title, the congestion mitigation and air nesses seeking to do business in federally as- SMALL COMMUNITY FINANCIAL INSTI- quality improvement program under section 149 sisted surface transportation markets across the TUTIONS of that title, the national highway freight pro- United States; Sec. 82001. Privately insured credit unions au- gram under section 167 of that title, and to (B) the continuing barriers described in sub- thorized to become members of a carry out section 134 of that title— paragraph (A) merit the continuation of the dis- Federal home loan bank. (A) $39,727,500,000 for fiscal year 2016; advantaged business enterprise program; Sec. 82002. GAO Report. (B) $40,547,805,000 for fiscal year 2017; (C) Congress has received and reviewed testi- mony and documentation of race and gender TITLE LXXXIII—SMALL BANK EXAM (C) $41,424,020,075 for fiscal year 2018; discrimination from numerous sources, includ- CYCLE REFORM (D) $42,358,903,696 for fiscal year 2019; and (E) $43,373,294,311 for fiscal year 2020. ing congressional hearings and roundtables, sci- Sec. 83001. Smaller institutions qualifying for (2) TRANSPORTATION INFRASTRUCTURE FINANCE entific reports, reports issued by public and pri- 18-month examination cycle. AND INNOVATION PROGRAM.—For credit assist- vate agencies, news stories, reports of discrimi- TITLE LXXXIV—SMALL COMPANY SIMPLE ance under the transportation infrastructure fi- nation by organizations and individuals, and REGISTRATION nance and innovation program under chapter 6 discrimination lawsuits, which show that race- Sec. 84001. Forward incorporation by reference of title 23, United States Code— and gender-neutral efforts alone are insufficient for Form S–1. (A) $275,000,000 for fiscal year 2016; to address the problem; TITLE LXXXV—HOLDING COMPANY REG- (B) $275,000,000 for fiscal year 2017; (D) the testimony and documentation de- ISTRATION THRESHOLD EQUALIZATION (C) $285,000,000 for fiscal year 2018; scribed in subparagraph (C) demonstrate that (D) $300,000,000 for fiscal year 2019; and discrimination across the United States poses a Sec. 85001. Registration threshold for savings (E) $300,000,000 for fiscal year 2020. barrier to full and fair participation in surface and loan holding companies. (3) FEDERAL LANDS AND TRIBAL TRANSPOR- transportation-related businesses of women TITLE LXXXVI—REPEAL OF TATION PROGRAMS.— business owners and minority business owners INDEMNIFICATION REQUIREMENTS (A) TRIBAL TRANSPORTATION PROGRAM.—For and has impacted firm development and many Sec. 86001. Repeal. the tribal transportation program under section aspects of surface transportation-related busi- TITLE LXXXVII—TREATMENT OF DEBT OR 202 of title 23, United States Code— ness in the public and private markets; and EQUITY INSTRUMENTS OF SMALLER IN- (i) $465,000,000 for fiscal year 2016; (E) the testimony and documentation de- STITUTIONS (ii) $475,000,000 for fiscal year 2017; scribed in subparagraph (C) provide a strong (iii) $485,000,000 for fiscal year 2018; basis that there is a compelling need for the con- Sec. 87001. Date for determining consolidated (iv) $495,000,000 for fiscal year 2019; and tinuation of the disadvantaged business enter- assets. (v) $505,000,000 for fiscal year 2020. prise program to address race and gender dis- TITLE LXXXVIII—STATE LICENSING (B) FEDERAL LANDS TRANSPORTATION PRO- crimination in surface transportation-related EFFICIENCY GRAM.— business. Sec. 88001. Short title. (i) IN GENERAL.—For the Federal lands trans- (2) DEFINITIONS.—In this subsection, the fol- Sec. 88002. Background checks. portation program under section 203 of title 23, lowing definitions apply: TITLE LXXXIX—HELPING EXPAND LEND- United States Code— (A) SMALL BUSINESS CONCERN.— ING PRACTICES IN RURAL COMMUNITIES (I) $335,000,000 for fiscal year 2016; (i) IN GENERAL.—The term ‘‘small business (II) $345,000,000 for fiscal year 2017; concern’’ means a small business concern (as the Sec. 89001. Short title. (III) $355,000,000 for fiscal year 2018; term is used in section 3 of the Small Business Sec. 89002. Designation of rural area. (IV) $365,000,000 for fiscal year 2019; and Act (15 U.S.C. 632)). Sec. 89003. Operations in rural areas. (V) $375,000,000 for fiscal year 2020. (ii) EXCLUSIONS.—The term ‘‘small business DIVISION A—SURFACE TRANSPORTATION (ii) ALLOCATION.—Of the amount made avail- concern’’ does not include any concern or group SEC. 1001. DEFINITIONS. able for a fiscal year under clause (i)— of concerns controlled by the same socially and In this division, the following definitions (I) the amount for the National Park Service economically disadvantaged individual or indi- apply: is— viduals that have average annual gross receipts

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8684 CONGRESSIONAL RECORD — HOUSE December 1, 2015 during the preceding 3 fiscal years in excess of contracts under laws and regulations adminis- (B) for which obligation authority was pro- $23,980,000, as adjusted annually by the Sec- tered by the Secretary; and vided in a previous fiscal year; retary for inflation. (B) such additional steps should include in- (3) shall determine the proportion that— (B) SOCIALLY AND ECONOMICALLY DISADVAN- creasing the Department’s ability to track and (A) the obligation authority provided by sub- TAGED INDIVIDUALS.—The term ‘‘socially and keep records of complaints and to make that in- section (a) for the fiscal year, less the aggregate economically disadvantaged individuals’’ has formation publicly available. of amounts not distributed under paragraphs (1) the meaning given the term in section 8(d) of the SEC. 1102. OBLIGATION CEILING. and (2) of this subsection; bears to (B) the total of the sums authorized to be ap- Small Business Act (15 U.S.C. 637(d)) and rel- (a) GENERAL LIMITATION.—Subject to sub- propriated for the Federal-aid highway and evant subcontracting regulations issued pursu- section (e), and notwithstanding any other pro- highway safety construction programs (other ant to that Act, except that women shall be pre- vision of law, the obligations for Federal-aid than sums authorized to be appropriated for sumed to be socially and economically disadvan- highway and highway safety construction pro- provisions of law described in paragraphs (1) taged individuals for purposes of this sub- grams shall not exceed— through (12) of subsection (b) and sums author- section. (1) $42,361,000,000 for fiscal year 2016; ized to be appropriated for section 119 of title 23, (3) AMOUNTS FOR SMALL BUSINESS CONCERNS.— (2) $43,266,100,000 for fiscal year 2017; United States Code, equal to the amount re- Except to the extent that the Secretary deter- (3) $44,234,212,000 for fiscal year 2018; ferred to in subsection (b)(13) for the fiscal mines otherwise, not less than 10 percent of the (4) $45,268,596,000 for fiscal year 2019; and year), less the aggregate of the amounts not dis- amounts made available for any program under (5) $46,365,092,000 for fiscal year 2020. tributed under paragraphs (1) and (2) of this titles I, II, III, and VI of this Act and section (b) EXCEPTIONS.—The limitations under sub- subsection; 403 of title 23, United States Code, shall be ex- section (a) shall not apply to obligations under pended through small business concerns owned (4) shall distribute the obligation authority or for— provided by subsection (a), less the aggregate and controlled by socially and economically dis- (1) section 125 of title 23, United States Code; advantaged individuals. amounts not distributed under paragraphs (1) (2) section 147 of the Surface Transportation and (2), for each of the programs (other than (4) ANNUAL LISTING OF DISADVANTAGED BUSI- Assistance Act of 1978 (23 U.S.C. 144 note; 92 NESS ENTERPRISES.—Each State shall annually— programs to which paragraph (1) applies) that Stat. 2714); are allocated by the Secretary under this Act (A) survey and compile a list of the small busi- (3) section 9 of the Federal-Aid Highway Act ness concerns referred to in paragraph (3) in the and title 23, United States Code, or apportioned of 1981 (95 Stat. 1701); by the Secretary under sections 202 or 204 of State, including the location of the small busi- (4) subsections (b) and (j) of section 131 of the ness concerns in the State; and that title, by multiplying— Surface Transportation Assistance Act of 1982 (A) the proportion determined under para- (B) notify the Secretary, in writing, of the (96 Stat. 2119); percentage of the small business concerns that graph (3); by (5) subsections (b) and (c) of section 149 of the (B) the amounts authorized to be appropriated are controlled by— Surface Transportation and Uniform Relocation (i) women; for each such program for the fiscal year; and Assistance Act of 1987 (101 Stat. 198); (5) shall distribute the obligation authority (ii) socially and economically disadvantaged (6) sections 1103 through 1108 of the Inter- provided by subsection (a), less the aggregate individuals (other than women); and modal Surface Transportation Efficiency Act of (iii) individuals who are women and are oth- amounts not distributed under paragraphs (1) 1991 (105 Stat. 2027); erwise socially and economically disadvantaged and (2) and the amounts distributed under (7) section 157 of title 23, United States Code individuals. paragraph (4), for Federal-aid highway and (as in effect on June 8, 1998); highway safety construction programs that are (5) UNIFORM CERTIFICATION.— (8) section 105 of title 23, United States Code (A) IN GENERAL.—The Secretary shall estab- apportioned by the Secretary under title 23, lish minimum uniform criteria for use by State (as in effect for fiscal years 1998 through 2004, United States Code (other than the amounts ap- governments in certifying whether a concern but only in an amount equal to $639,000,000 for portioned for the national highway performance qualifies as a small business concern for the each of those fiscal years); program in section 119 of title 23, United States purpose of this subsection. (9) Federal-aid highway programs for which Code, that are exempt from the limitation under obligation authority was made available under (B) INCLUSIONS.—The minimum uniform cri- subsection (b)(13) and the amounts apportioned teria established under subparagraph (A) shall the Transportation Equity Act for the 21st Cen- under sections 202 and 204 of that title) in the include, with respect to a potential small busi- tury (112 Stat. 107) or subsequent Acts for mul- proportion that— ness concern— tiple years or to remain available until ex- (A) amounts authorized to be appropriated for (i) on-site visits; pended, but only to the extent that the obliga- the programs that are apportioned under title (ii) personal interviews with personnel; tion authority has not lapsed or been used; 23, United States Code, to each State for the fis- (iii) issuance or inspection of licenses; (10) section 105 of title 23, United States Code cal year; bears to (iv) analyses of stock ownership; (as in effect for fiscal years 2005 through 2012, (B) the total of the amounts authorized to be (v) listings of equipment; but only in an amount equal to $639,000,000 for appropriated for the programs that are appor- (vi) analyses of bonding capacity; each of those fiscal years); tioned under title 23, United States Code, to all (vii) listings of work completed; (11) section 1603 of SAFETEA–LU (23 U.S.C. States for the fiscal year. (viii) examination of the resumes of principal 118 note; 119 Stat. 1248), to the extent that funds (d) REDISTRIBUTION OF UNUSED OBLIGATION owners; obligated in accordance with that section were AUTHORITY.—Notwithstanding subsection (c), (ix) analyses of financial capacity; and not subject to a limitation on obligations at the the Secretary shall, after August 1 of each of (x) analyses of the type of work preferred. time at which the funds were initially made fiscal years 2016 through 2020— (1) revise a distribution of the obligation au- (6) REPORTING.—The Secretary shall establish available for obligation; minimum requirements for use by State govern- (12) section 119 of title 23, United States Code thority made available under subsection (c) if ments in reporting to the Secretary— (as in effect for fiscal years 2013 through 2015, an amount distributed cannot be obligated dur- (A) information concerning disadvantaged but only in an amount equal to $639,000,000 for ing that fiscal year; and (2) redistribute sufficient amounts to those business enterprise awards, commitments, and each of those fiscal years); and States able to obligate amounts in addition to achievements; and (13) section 119 of title 23, United States Code those previously distributed during that fiscal (B) such other information as the Secretary (but, for fiscal years 2016 through 2020, only in year, giving priority to those States having large determines to be appropriate for the proper mon- an amount equal to $639,000,000 for each of unobligated balances of funds apportioned itoring of the disadvantaged business enterprise those fiscal years). under sections 144 (as in effect on the day before program. (c) DISTRIBUTION OF OBLIGATION AUTHOR- the date of enactment of MAP–21 (Public Law (7) COMPLIANCE WITH COURT ORDERS.—Noth- ITY.—For each of fiscal years 2016 through 2020, ing in this subsection limits the eligibility of an the Secretary— 112–141)) and 104 of title 23, United States Code. (e) APPLICABILITY OF OBLIGATION LIMITA- individual or entity to receive funds made avail- (1) shall not distribute obligation authority TIONS TO TRANSPORTATION RESEARCH PRO- able under titles I, II, III, and VI of this Act provided by subsection (a) for the fiscal year GRAMS.— and section 403 of title 23, United States Code, for— (1) IN GENERAL.—Except as provided in para- if the entity or person is prevented, in whole or (A) amounts authorized for administrative ex- graph (2), obligation limitations imposed by sub- in part, from complying with paragraph (3) be- penses and programs by section 104(a) of title 23, section (a) shall apply to contract authority for cause a Federal court issues a final order in United States Code; and transportation research programs carried out which the court finds that a requirement or the (B) amounts authorized for the Bureau of under— implementation of paragraph (3) is unconstitu- Transportation Statistics; (A) chapter 5 of title 23, United States Code; tional. (2) shall not distribute an amount of obliga- and (8) SENSE OF CONGRESS ON PROMPT PAYMENT tion authority provided by subsection (a) that is (B) title VI of this Act. OF DBE SUBCONTRACTORS.—It is the sense of equal to the unobligated balance of amounts— (2) EXCEPTION.—Obligation authority made Congress that— (A) made available from the Highway Trust available under paragraph (1) shall— (A) the Secretary should take additional steps Fund (other than the Mass Transit Account) for (A) remain available for a period of 4 fiscal to ensure that recipients comply with section Federal-aid highway and highway safety con- years; and 26.29 of title 49, Code of Federal Regulations struction programs for previous fiscal years the (B) be in addition to the amount of any limi- (the disadvantaged business enterprises prompt funds for which are allocated by the Secretary tation imposed on obligations for Federal-aid payment rule), or any corresponding regulation, (or apportioned by the Secretary under section highway and highway safety construction pro- in awarding federally funded transportation 202 or 204 of title 23, United States Code); and grams for future fiscal years.

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(f) REDISTRIBUTION OF CERTAIN AUTHORIZED ment remaining for the State under subsection ‘‘(2) STATE APPORTIONMENT.—On October 1 of FUNDS.— (c) after making the set aside in accordance fiscal years 2016 through 2020, the Secretary (1) IN GENERAL.—Not later than 30 days after with paragraph (5)’’; shall apportion the sums authorized to be ap- the date of distribution of obligation authority (5) by redesignating paragraph (5) as para- propriated for expenditure on the national high- under subsection (c) for each of fiscal years 2016 graph (6); way performance program under section 119, the through 2020, the Secretary shall distribute to (6) by inserting after paragraph (4) the fol- surface transportation block grant program the States any funds (excluding funds author- lowing: under section 133, the highway safety improve- ized for the program under section 202 of title 23, ‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.— ment program under section 148, the congestion United States Code) that— ‘‘(A) IN GENERAL.—For the national highway mitigation and air quality improvement program (A) are authorized to be appropriated for the freight program under section 167, the Secretary under section 149, the national highway freight fiscal year for Federal-aid highway programs; shall set aside from the base apportionment de- program under section 167, and to carry out sec- and termined for a State under subsection (c) an tion 134 in accordance with paragraph (1).’’. (B) the Secretary determines will not be allo- amount determined for the State under subpara- (d) SUPPLEMENTAL FUNDS.—Section 104 of title cated to the States (or will not be apportioned to graphs (B) and (C). 23, United States Code, is amended by adding at the States under section 204 of title 23, United ‘‘(B) TOTAL AMOUNT.—The total amount set the end the following: States Code), and will not be available for obli- aside for the national highway freight program ‘‘(h) SUPPLEMENTAL FUNDS.— gation, for the fiscal year because of the imposi- for all States shall be— ‘‘(1) SUPPLEMENTAL FUNDS FOR NATIONAL tion of any obligation limitation for the fiscal ‘‘(i) $1,150,000,000 for fiscal year 2016; HIGHWAY PERFORMANCE PROGRAM.— year. ‘‘(ii) $1,100,000,000 for fiscal year 2017; ‘‘(A) AMOUNT.—Before making an apportion- (2) RATIO.—Funds shall be distributed under ‘‘(iii) $1,200,000,000 for fiscal year 2018; ment for a fiscal year under subsection (c), the paragraph (1) in the same proportion as the dis- ‘‘(iv) $1,350,000,000 for fiscal year 2019; and Secretary shall reserve for the national highway tribution of obligation authority under sub- ‘‘(v) $1,500,000,000 for fiscal year 2020. performance program under section 119 for that section (c)(5). ‘‘(C) STATE SHARE.—For each fiscal year, the fiscal year an amount equal to— (3) AVAILABILITY.—Funds distributed to each Secretary shall distribute among the States the ‘‘(i) $53,596,122 for fiscal year 2019; and State under paragraph (1) shall be available for total set-aside amount for the national highway ‘‘(ii) $66,717,816 for fiscal year 2020. any purpose described in section 133(b) of title freight program under subparagraph (B) so that ‘‘(B) TREATMENT OF FUNDS.—Funds reserved 23, United States Code. each State receives the amount equal to the pro- under subparagraph (A) and apportioned to a SEC. 1103. DEFINITIONS. portion that— State under subsection (c) shall be treated as if ‘‘(i) the total base apportionment determined Section 101(a) of title 23, United States Code, apportioned under subsection (b)(1), and shall for the State under subsection (c); bears to is amended— be in addition to amounts apportioned under ‘‘(ii) the total base apportionments for all (1) by striking paragraph (29); that subsection. States under subsection (c). (2) by redesignating paragraphs (15) through ‘‘(2) SUPPLEMENTAL FUNDS FOR SURFACE ‘‘(D) METROPOLITAN PLANNING.—Of the (28) as paragraphs (16) through (29), respec- TRANSPORTATION BLOCK GRANT PROGRAM.— amount set aside under this paragraph for a ‘‘(A) AMOUNT.—Before making an apportion- tively; and State, the Secretary shall use to carry out sec- (3) by inserting after paragraph (14) the fol- ment for a fiscal year under subsection (c), the tion 134 an amount determined by multiplying lowing: Secretary shall reserve for the surface transpor- the set-aside amount by the proportion that— tation block grant program under section 133 for ‘‘(15) NATIONAL HIGHWAY FREIGHT NETWORK.— ‘‘(i) the amount apportioned to the State to The term ‘National Highway Freight Network’ that fiscal year an amount equal to— carry out section 134 for fiscal year 2009; bears means the National Highway Freight Network ‘‘(i) $835,000,000 for each of fiscal years 2016 to established under section 167.’’. and 2017 pursuant to section 133(h), plus— ‘‘(ii) the total amount of funds apportioned to ‘‘(I) $55,426,310 for fiscal year 2016; and SEC. 1104. APPORTIONMENT. the State for that fiscal year for the programs ‘‘(II) $89,289,904 for fiscal year 2017; and (a) ADMINISTRATIVE EXPENSES.—Section referred to in section 105(a)(2) (except for the ‘‘(ii) $850,000,000 for each of fiscal years 2018 104(a)(1) of title 23, United States Code, is high priority projects program referred to in sec- through 2020 pursuant to section 133(h), plus— amended to read as follows: tion 105(a)(2)(H)), as in effect on the day before ‘‘(I) $118,013,536 for fiscal year 2018; ‘‘(1) IN GENERAL.—There is authorized to be the date of enactment of MAP–21 (Public Law ‘‘(II) $130,688,367 for fiscal year 2019; and appropriated from the Highway Trust Fund 112–141; 126 Stat. 405).’’; and ‘‘(III) $170,053,448 for fiscal year 2020. (other than the Mass Transit Account) to be (7) in paragraph (6) (as so redesignated), in ‘‘(B) TREATMENT OF FUNDS.—Funds reserved made available to the Secretary for administra- the matter preceding subparagraph (A), by under subparagraph (A) and apportioned to a tive expenses of the Federal Highway Adminis- striking ‘‘the amount determined for the State State under subsection (c) shall be treated as if tration— under subsection (c)’’ and inserting ‘‘the apportioned under subsection (b)(2), and shall ‘‘(A) $453,000,000 for fiscal year 2016; amount of the base apportionment remaining for be in addition to amounts apportioned under ‘‘(B) $459,795,000 for fiscal year 2017; a State under subsection (c) after making the set that subsection. ‘‘(C) $466,691,925 for fiscal year 2018; aside in accordance with paragraph (5)’’. ‘‘(i) BASE APPORTIONMENT DEFINED.—In this ‘‘(D) $473,692,304 for fiscal year 2019; and (c) CALCULATION OF STATE AMOUNTS.—Section section, the term ‘base apportionment’ means— ‘‘(E) $480,797,689 for fiscal year 2020.’’. 104(c) of title 23, United States Code, is amended ‘‘(1) the combined amount authorized for ap- (b) DIVISION AMONG PROGRAMS OF STATE’S to read as follows: propriation for the national highway perform- SHARE OF BASE APPORTIONMENT.—Section 104(b) ‘‘(c) CALCULATION OF AMOUNTS.— ance program under section 119, the surface of title 23, United States Code, is amended— ‘‘(1) STATE SHARE.—For each of fiscal years transportation block grant program under sec- (1) by striking ‘‘(b) DIVISION OF’’ and all that 2016 through 2020, the amount for each State tion 133, the highway safety improvement pro- follows before paragraph (1) and inserting the shall be determined as follows: gram under section 148, the congestion mitiga- following: ‘‘(A) INITIAL AMOUNTS.—The initial amounts tion and air quality improvement program under ‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S for each State shall be determined by multi- section 149, the national highway freight pro- SHARE OF BASE APPORTIONMENT.—The Sec- plying— gram under section 167, and to carry out section retary shall distribute the amount of the base ‘‘(i) each of— 134; minus apportionment apportioned to a State for a fis- ‘‘(I) the base apportionment; ‘‘(2) supplemental funds reserved under sub- cal year under subsection (c) among the na- ‘‘(II) supplemental funds reserved under sub- section (h) for the national highway perform- tional highway performance program, the sur- section (h)(1) for the national highway perform- ance program and the surface transportation face transportation block grant program, the ance program; and block grant program.’’. highway safety improvement program, the con- ‘‘(III) supplemental funds reserved under sub- (e) CONFORMING AMENDMENTS.— gestion mitigation and air quality improvement section (h)(2) for the surface transportation (1) Section 104(d)(1)(A) of title 23, United program, the national highway freight program, block grant program; by States Code, is amended by striking ‘‘subsection and to carry out section 134 as follows:’’; ‘‘(ii) the share for each State, which shall be (b)(5)’’ each place it appears and inserting (2) in paragraphs (1), (2), and (3) by striking equal to the proportion that— ‘‘paragraphs (5)(D) and (6) of subsection (b)’’. ‘‘paragraphs (4) and (5)’’ each place it appears ‘‘(I) the amount of apportionments that the (2) Section 120(c)(3) of title 23, United States and inserting ‘‘paragraphs (4), (5), and (6)’’; State received for fiscal year 2015; bears to Code, is amended— (3) in paragraph (2)— ‘‘(II) the amount of those apportionments re- (A) in subparagraph (A) in the matter pre- (A) in the paragraph heading by striking ceived by all States for that fiscal year. ceding clause (i), by striking ‘‘or (5)’’ and in- ‘‘SURFACE TRANSPORTATION PROGRAM’’ and in- ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The initial serting ‘‘(5)(D), or (6)’’; and serting ‘‘SURFACE TRANSPORTATION BLOCK amounts resulting from the calculation under (B) in subparagraph (C)(i) by striking ‘‘and GRANT PROGRAM’’; and subparagraph (A) shall be adjusted to ensure (5)’’ and inserting ‘‘(5)(D), and (6)’’. (B) by striking ‘‘surface transportation pro- that each State receives an aggregate apportion- (3) Section 135(i) of title 23, United States gram’’ and inserting ‘‘surface transportation ment equal to at least 95 percent of the esti- Code, is amended by striking ‘‘section 104(b)(5)’’ block grant program’’; mated tax payments attributable to highway and inserting ‘‘paragraphs (5)(D) and (6) of sec- (4) in paragraph (4), in the matter preceding users in the State paid into the Highway Trust tion 104(b)’’. subparagraph (A), by striking ‘‘the amount de- Fund (other than the Mass Transit Account) in (4) Section 136(b) of title 23, United States termined for the State under subsection (c)’’ and the most recent fiscal year for which data are Code, is amended in the first sentence by strik- inserting ‘‘the amount of the base apportion- available. ing ‘‘paragraphs (1) through (5) of section

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8686 CONGRESSIONAL RECORD — HOUSE December 1, 2015 104(b)’’ and inserting ‘‘paragraphs (1) through ‘‘(II) a project in a national scenic area; ‘‘(2) the project will be cost effective; (6) of section 104(b)’’. ‘‘(iii) a freight project that is— ‘‘(3) the project will contribute to the accom- (5) Section 141(b)(2) of title 23, United States ‘‘(I) a freight intermodal or freight rail plishment of 1 or more of the national goals de- Code, is amended by striking ‘‘paragraphs (1) project; or scribed under section 150 of this title; through (5) of section 104(b)’’ and inserting ‘‘(II) within the boundaries of a public or pri- ‘‘(4) the project is based on the results of pre- ‘‘paragraphs (1) through (6) of section 104(b)’’. vate freight rail, water (including ports), or liminary engineering; (6) Section 505(a) of title 23, United States intermodal facility and that is a surface trans- ‘‘(5) with respect to related non-Federal fi- Code, is amended in the matter preceding para- portation infrastructure project necessary to fa- nancial commitments— graph (1) by striking ‘‘through (4)’’ and insert- cilitate direct intermodal interchange, transfer, ‘‘(A) 1 or more stable and dependable sources ing ‘‘through (5)’’. or access into or out of the facility; or of funding and financing are available to con- SEC. 1105. NATIONALLY SIGNIFICANT FREIGHT ‘‘(iv) a railway-highway grade crossing or struct, maintain, and operate the project; and AND HIGHWAY PROJECTS. grade separation project; and ‘‘(B) contingency amounts are available to (a) IN GENERAL.—Title 23, United States Code, ‘‘(B) has eligible project costs that are reason- cover unanticipated cost increases; is amended by inserting after section 116 the fol- ably anticipated to equal or exceed the lesser ‘‘(6) the project cannot be easily and effi- lowing: of— ciently completed without other Federal funding ‘‘§ 117. Nationally significant freight and ‘‘(i) $100,000,000; or or financial assistance available to the project highway projects ‘‘(ii) in the case of a project— sponsor; and ‘‘(I) located in 1 State, 30 percent of the ‘‘(7) the project is reasonably expected to ‘‘(a) ESTABLISHMENT.— amount apportioned under this chapter to the begin construction not later than 18 months ‘‘(1) IN GENERAL.—There is established a na- State in the most recently completed fiscal year; after the date of obligation of funds for the tionally significant freight and highway or project. projects program to provide financial assistance ‘‘(II) located in more than 1 State, 50 percent ‘‘(h) ADDITIONAL CONSIDERATIONS.—In mak- for projects of national or regional significance. of the amount apportioned under this chapter to ing a grant under this section, the Secretary ‘‘(2) GOALS.—The goals of the program shall the participating State with the largest appor- shall consider— be to— tionment under this chapter in the most recently ‘‘(1) utilization of nontraditional financing, ‘‘(A) improve the safety, efficiency, and reli- completed fiscal year. innovative design and construction techniques, ability of the movement of freight and people; ‘‘(2) LIMITATION.— or innovative technologies; ‘‘(B) generate national or regional economic ‘‘(A) IN GENERAL.—Not more than $500,000,000 ‘‘(2) utilization of non-Federal contributions; benefits and an increase in the global economic of the amounts made available for grants under and competitiveness of the United States; this section for fiscal years 2016 through 2020, in ‘‘(3) contributions to geographic diversity ‘‘(C) reduce highway congestion and bottle- the aggregate, may be used to make grants for among grant recipients, including the need for a necks; projects described in paragraph (1)(A)(iii) and balance between the needs of rural and urban ‘‘(D) improve connectivity between modes of such a project may only receive a grant under communities. freight transportation; ‘‘(i) RURAL AREAS.— ‘‘(E) enhance the resiliency of critical high- this section if— ‘‘(i) the project will make a significant im- ‘‘(1) IN GENERAL.—The Secretary shall reserve way infrastructure and help protect the envi- provement to freight movements on the National not less than 25 percent of the amounts made ronment; available for grants under this section, includ- ‘‘(F) improve roadways vital to national en- Highway Freight Network; and ‘‘(ii) the Federal share of the project funds ing the amounts made available under sub- ergy security; and section (e), each fiscal year to make grants for ‘‘(G) address the impact of population growth only elements of the project that provide public projects located in rural areas. on the movement of people and freight. benefits. ‘‘(B) EXCLUSIONS.—The limitation under sub- ‘‘(2) EXCESS FUNDING.—In any fiscal year in ‘‘(b) GRANT AUTHORITY.— which qualified applications for grants under ‘‘(1) IN GENERAL.—In carrying out the pro- paragraph (A)— gram established in subsection (a), the Secretary ‘‘(i) shall not apply to a railway-highway this subsection will not allow for the amount re- may make grants, on a competitive basis, in ac- grade crossing or grade separation project; and served under paragraph (1) to be fully utilized, cordance with this section. ‘‘(ii) with respect to a multimodal project, the Secretary shall use the unutilized amounts to make other grants under this section. ‘‘(2) GRANT AMOUNT.—Except as otherwise shall apply only to the non-highway portion or provided, each grant made under this section portions of the project. ‘‘(3) RURAL AREA DEFINED.—In this sub- shall be in an amount that is at least ‘‘(e) SMALL PROJECTS.— section, the term ‘rural area’ means an area $25,000,000. ‘‘(1) IN GENERAL.—The Secretary shall reserve that is outside an urbanized area with a popu- ‘‘(c) ELIGIBLE APPLICANTS.— 10 percent of the amounts made available for lation of over 200,000. ‘‘(1) IN GENERAL.—The Secretary may make a grants under this section each fiscal year to ‘‘(j) FEDERAL SHARE.— grant under this section to the following: make grants for projects described in subsection ‘‘(1) IN GENERAL.—The Federal share of the ‘‘(A) A State or a group of States. (d)(1)(A) that do not satisfy the minimum cost of a project assisted with a grant under this ‘‘(B) A metropolitan planning organization threshold under subsection (d)(1)(B). section may not exceed 60 percent. that serves an urbanized area (as defined by the ‘‘(2) GRANT AMOUNT.—Each grant made under ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed- Bureau of the Census) with a population of this subsection shall be in an amount that is at eral assistance other than a grant under this more than 200,000 individuals. least $5,000,000. section may be used to satisfy the non-Federal ‘‘(C) A unit of local government or a group of ‘‘(3) PROJECT SELECTION CONSIDERATIONS.—In share of the cost of a project for which such a local governments. addition to other applicable requirements, in grant is made, except that the total Federal as- ‘‘(D) A political subdivision of a State or local making grants under this subsection the Sec- sistance provided for a project receiving a grant government. retary shall consider— under this section may not exceed 80 percent of ‘‘(E) A special purpose district or public au- ‘‘(A) the cost effectiveness of the proposed the total project cost. thority with a transportation function, includ- project; and ‘‘(3) FEDERAL LAND MANAGEMENT AGENCIES.— ing a port authority. ‘‘(B) the effect of the proposed project on mo- Notwithstanding any other provision of law, ‘‘(F) A Federal land management agency that bility in the State and region in which the any Federal funds other than those made avail- applies jointly with a State or group of States. project is carried out. able under this title or title 49 may be used to ‘‘(G) A tribal government or a consortium of ‘‘(f) ELIGIBLE PROJECT COSTS.—Grant pay the non-Federal share of the cost of a tribal governments. amounts received for a project under this section project carried out under this section by a Fed- ‘‘(H) A multistate or multijurisdictional group may be used for— eral land management agency, as described of entities described in this paragraph. ‘‘(1) development phase activities, including under subsection (c)(1)(F). ‘‘(2) APPLICATIONS.—To be eligible for a grant planning, feasibility analysis, revenue fore- ‘‘(k) TREATMENT OF FREIGHT PROJECTS.—Not- under this section, an entity specified in para- casting, environmental review, preliminary engi- withstanding any other provision of law, a graph (1) shall submit to the Secretary an appli- neering and design work, and other freight project carried out under this section cation in such form, at such time, and con- preconstruction activities; and shall be treated as if the project is located on a taining such information as the Secretary deter- ‘‘(2) construction, reconstruction, rehabilita- Federal-aid highway. mines is appropriate. tion, acquisition of real property (including ‘‘(l) TIFIA PROGRAM.—At the request of an el- ‘‘(d) ELIGIBLE PROJECTS.— land related to the project and improvements to igible applicant under this section, the Secretary ‘‘(1) IN GENERAL.—Except as provided in sub- the land), environmental mitigation, construc- may use amounts awarded to the entity to pay section (e), the Secretary may make a grant tion contingencies, acquisition of equipment, subsidy and administrative costs necessary to under this section only for a project that— and operational improvements directly related to provide the entity Federal credit assistance ‘‘(A) is— improving system performance. under chapter 6 with respect to the project for ‘‘(i) a highway freight project carried out on ‘‘(g) PROJECT REQUIREMENTS.—The Secretary which the grant was awarded. the National Highway Freight Network estab- may select a project described under this section ‘‘(m) CONGRESSIONAL NOTIFICATION.— lished under section 167; (other than subsection (e)) for funding under ‘‘(1) NOTIFICATION.— ‘‘(ii) a highway or bridge project carried out this section only if the Secretary determines ‘‘(A) IN GENERAL.—At least 60 days before on the National Highway System, including— that— making a grant for a project under this section, ‘‘(I) a project to add capacity to the Interstate ‘‘(1) the project will generate national or re- the Secretary shall notify, in writing, the Com- System to improve mobility; or gional economic, mobility, or safety benefits; mittee on Transportation and Infrastructure of

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8687 the House of Representatives and the Committee of which would have a debilitating impact on cumstances and implement the most efficient so- on Environment and Public Works of the Senate national or regional economic security, national lutions; and of the proposed grant. The notification shall in- or regional energy security, national or regional (3) reforms of the program to promote flexi- clude an evaluation and justification for the public health or safety, or any combination of bility will enhance State and local control over project and the amount of the proposed grant those matters. transportation decisions. award. ‘‘(2) CONSIDERATION.—The asset management (b) SURFACE TRANSPORTATION BLOCK GRANT ‘‘(B) MULTIMODAL PROJECTS.—In addition to plan of a State may include consideration of PROGRAM.—Section 133 of title 23, United States the notice required under subparagraph (A), the critical infrastructure from among those facili- Code, is amended— Secretary shall notify the Committee on Com- ties in the State that are eligible under sub- (1) by striking subsections (a), (b), (c), and (d) merce, Science, and Transportation of the Sen- section (c). and inserting the following: ate before making a grant for a project described ‘‘(3) RISK REDUCTION.—A State may use funds ‘‘(a) ESTABLISHMENT.—The Secretary shall es- in subsection (d)(1)(A)(iii). apportioned under this section for projects in- tablish a surface transportation block grant pro- ‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Sec- tended to reduce the risk of failure of critical in- gram in accordance with this section to provide retary may not make a grant or any other obli- frastructure in the State.’’. flexible funding to address State and local transportation needs. gation or commitment to fund a project under SEC. 1107. EMERGENCY RELIEF FOR FEDERALLY this section if a joint resolution is enacted dis- OWNED ROADS. ‘‘(b) ELIGIBLE PROJECTS.—Funds apportioned to a State under section 104(b)(2) for the surface approving funding for the project before the last (a) ELIGIBILITY.—Section 125(d)(3) of title 23, transportation block grant program may be obli- day of the 60-day period described in paragraph United States Code, is amended— (1). (1) in subparagraph (A) by striking ‘‘or’’ at gated for the following: ‘‘(1) Construction of— ‘‘(n) REPORTS.— the end; ‘‘(A) highways, bridges, tunnels, including ‘‘(1) ANNUAL REPORT.—The Secretary shall (2) in subparagraph (B) by striking the period designated routes of the Appalachian develop- make available on the Web site of the Depart- at the end and inserting ‘‘; or’’; and ment highway system and local access roads ment of Transportation at the end of each fiscal (3) by adding at the end the following: under section 14501 of title 40; year an annual report that lists each project for ‘‘(C) projects eligible for assistance under this ‘‘(B) ferry boats and terminal facilities eligible which a grant has been provided under this sec- section located on tribal transportation facili- for funding under section 129(c); tion during that fiscal year. ties, Federal lands transportation facilities, or ‘‘(C) transit capital projects eligible for assist- ‘‘(2) COMPTROLLER GENERAL.— other federally owned roads that are open to ance under chapter 53 of title 49; ‘‘(A) ASSESSMENT.—The Comptroller General public travel (as defined in subsection (e)(1)).’’. ‘‘(D) infrastructure-based intelligent transpor- of the United States shall conduct an assess- (b) DEFINITIONS.—Section 125(e) of title 23, tation systems capital improvements; ment of the administrative establishment, solici- United States Code, is amended by striking ‘‘(E) truck parking facilities eligible for fund- tation, selection, and justification process with paragraph (1) and inserting the following: ing under section 1401 of MAP–21 (23 U.S.C. 137 respect to the funding of grants under this sec- ‘‘(1) DEFINITIONS.—In this subsection, the fol- note); and tion. lowing definitions apply: ‘‘(F) border infrastructure projects eligible for ‘‘(B) REPORT.—Not later than 1 year after the ‘‘(A) OPEN TO PUBLIC TRAVEL.—The term funding under section 1303 of SAFETEA–LU (23 initial awarding of grants under this section, ‘open to public travel’ means, with respect to a U.S.C. 101 note). the Comptroller General shall submit to the road, that, except during scheduled periods, ex- ‘‘(2) Operational improvements and capital Committee on Environment and Public Works of treme weather conditions, or emergencies, the and operating costs for traffic monitoring, man- the Senate, the Committee on Commerce, road— agement, and control facilities and programs. Science, and Transportation of the Senate, and ‘‘(i) is maintained; ‘‘(3) Environmental measures eligible under the Committee on Transportation and Infra- ‘‘(ii) is open to the general public; and sections 119(g), 328, and 329 and transportation structure of the House of Representatives a re- ‘‘(iii) can accommodate travel by a standard control measures listed in section 108(f)(1)(A) port that describes— passenger vehicle, without restrictive gates or (other than clause (xvi) of that section) of the ‘‘(i) the adequacy and fairness of the process prohibitive signs or regulations, other than for Clean Air Act (42 U.S.C. 7408(f)(1)(A)). by which each project was selected, if applica- general traffic control or restrictions based on ‘‘(4) Highway and transit safety infrastruc- ble; and size, weight, or class of registration. ture improvements and programs, including rail- ‘‘(ii) the justification and criteria used for the ‘‘(B) STANDARD PASSENGER VEHICLE.—The way-highway grade crossings. selection of each project, if applicable.’’. term ‘standard passenger vehicle’ means a vehi- ‘‘(5) Fringe and corridor parking facilities and (b) CLERICAL AMENDMENT.—The analysis for cle with 6 inches of clearance from the lowest programs in accordance with section 137 and chapter 1 of title 23, United States Code, is point of the frame, body, suspension, or dif- carpool projects in accordance with section 146. amended by inserting after the item relating to ferential to the ground.’’. ‘‘(6) Recreational trails projects eligible for section 116 the following: SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS. funding under section 206, pedestrian and bicy- ‘‘117. Nationally significant freight and high- Section 130(e)(1) of title 23, United States cle projects in accordance with section 217 (in- way projects.’’. Code, is amended to read as follows: cluding modifications to comply with accessi- bility requirements under the Americans with (c) REPEAL.—Section 1301 of SAFETEA–LU ‘‘(1) IN GENERAL.— Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), (23 U.S.C. 101 note), and the item relating to ‘‘(A) SET ASIDE.—Before making an appor- that section in the table of contents in section tionment under section 104(b)(3) for a fiscal and the safe routes to school program under sec- 1(b) of such Act, are repealed. year, the Secretary shall set aside, from tion 1404 of SAFETEA–LU (23 U.S.C. 402 note). ‘‘(7) Planning, design, or construction of bou- amounts made available to carry out the high- SEC. 1106. NATIONAL HIGHWAY PERFORMANCE levards and other roadways largely in the right- PROGRAM. way safety improvement program under section of-way of former Interstate System routes or 148 for such fiscal year, for the elimination of Section 119 of title 23, United States Code, is other divided highways. hazards and the installation of protective de- amended by adding at the end the following: ‘‘(8) Development and implementation of a vices at railway-highway crossings at least— ‘‘(h) TIFIA PROGRAM.—Upon Secretarial ap- State asset management plan for the National ‘‘(i) $225,000,000 for fiscal year 2016; proval of credit assistance under chapter 6, the Highway System and a performance-based man- ‘‘(ii) $230,000,000 for fiscal year 2017; Secretary, at the request of a State, may allow agement program for other public roads. the State to use funds apportioned under section ‘‘(iii) $235,000,000 for fiscal year 2018; ‘‘(9) Protection (including painting, scour 104(b)(1) to pay subsidy and administrative costs ‘‘(iv) $240,000,000 for fiscal year 2019; and countermeasures, seismic retrofits, impact pro- necessary to provide an eligible entity Federal ‘‘(v) $245,000,000 for fiscal year 2020. tection measures, security countermeasures, and credit assistance under chapter 6 with respect to ‘‘(B) INSTALLATION OF PROTECTIVE DEVICES.— protection against extreme events) for bridges 1 a project eligible for assistance under this sec- At least ⁄2 of the funds set aside each fiscal year (including approaches to bridges and other ele- tion. under subparagraph (A) shall be available for vated structures) and tunnels on public roads, ‘‘(i) ADDITIONAL FUNDING ELIGIBILITY FOR the installation of protective devices at railway- and inspection and evaluation of bridges and CERTAIN BRIDGES.— highway crossings. tunnels and other highway assets. ‘‘(1) IN GENERAL.—Funds apportioned to a ‘‘(C) OBLIGATION AVAILABILITY.—Sums set ‘‘(10) Surface transportation planning pro- State to carry out the national highway per- aside each fiscal year under subparagraph (A) grams, highway and transit research and devel- formance program may be obligated for a project shall be available for obligation in the same opment and technology transfer programs, and for the reconstruction, resurfacing, restoration, manner as funds apportioned under section workforce development, training, and education rehabilitation, or preservation of a bridge not on 104(b)(1).’’. under chapter 5 of this title. the National Highway System, if the bridge is SEC. 1109. SURFACE TRANSPORTATION BLOCK ‘‘(11) Surface transportation infrastructure on a Federal-aid highway. GRANT PROGRAM. modifications to facilitate direct intermodal ‘‘(2) LIMITATION.—A State required to make (a) FINDINGS.—Congress finds that— interchange, transfer, and access into and out obligations under subsection (f) shall ensure (1) the benefits of the surface transportation of a port terminal. such requirements are satisfied in order to use block grant program accrue principally to the ‘‘(12) Projects and strategies designed to sup- the flexibility under paragraph (1). residents of each State and municipality where port congestion pricing, including electronic toll ‘‘(j) CRITICAL INFRASTRUCTURE.— the funds are obligated; collection and travel demand management strat- ‘‘(1) CRITICAL INFRASTRUCTURE DEFINED.—In (2) decisions about how funds should be obli- egies and programs. this subsection, the term ‘critical infrastructure’ gated are best determined by the States and mu- ‘‘(13) At the request of a State, and upon Sec- means those facilities the incapacity or failure nicipalities to respond to unique local cir- retarial approval of credit assistance under

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(3) by striking subsection (e); ‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL ‘‘(14) The creation and operation by a State of (4) by redesignating subsections (f) through TRAILS PROJECTS.—For each fiscal year, a State an office to assist in the design, implementation, (h) as subsections (e) through (g), respectively; shall— and oversight of public-private partnerships eli- (5) in subsection (e)(1), as redesignated by this ‘‘(A) obligate an amount of funds reserved gible to receive funding under this title and subsection— under this section equal to the amount of the chapter 53 of title 49, and the payment of a sti- (A) by striking ‘‘104(b)(3)’’ and inserting funds apportioned to the State for fiscal year pend to unsuccessful private bidders to offset ‘‘104(b)(2)’’; and 2009 under section 104(h)(2), as in effect on the their proposal development costs, if necessary to (B) by striking ‘‘fiscal years 2011 through day before the date of enactment of MAP–21, for encourage robust competition in public-private 2014’’ and inserting ‘‘fiscal years 2016 through projects relating to recreational trails under sec- partnership procurements. 2020’’; tion 206; ‘‘(15) Any type of project eligible under this (6) in subsection (g)(1), as redesignated by this ‘‘(B) return 1 percent of those funds to the section as in effect on the day before the date of subsection, by striking ‘‘under subsection Secretary for the administration of that pro- enactment of the FAST Act, including projects (d)(1)(A)(iii) for each of fiscal years 2013 gram; and described under section 101(a)(29) as in effect on through 2014’’ and inserting ‘‘under subsection ‘‘(C) comply with the provisions of the admin- such day. (d)(1)(A)(ii) for each of fiscal years 2016 through istration of the recreational trails program ‘‘(c) LOCATION OF PROJECTS.—A surface trans- 2020’’; and under section 206, including the use of appor- portation block grant project may not be under- (7) by adding at the end the following: tioned funds described in subsection (d)(3)(A) of taken on a road functionally classified as a ‘‘(h) STP SET-ASIDE.— that section. local road or a rural minor collector unless the ‘‘(1) RESERVATION OF FUNDS.—Of the funds ‘‘(6) STATE FLEXIBILITY.— road was on a Federal-aid highway system on apportioned to a State under section 104(b)(2) ‘‘(A) RECREATIONAL TRAILS.—A State may opt January 1, 1991, except— for each fiscal year, the Secretary shall reserve out of the recreational trails program under ‘‘(1) for a bridge or tunnel project (other than an amount such that— paragraph (5) if the Governor of the State noti- the construction of a new bridge or tunnel at a ‘‘(A) the Secretary reserves a total under this fies the Secretary not later than 30 days prior to new location); subsection of— apportionments being made for any fiscal year. ‘‘(2) for a project described in paragraphs (4) ‘‘(i) $835,000,000 for each of fiscal years 2016 ‘‘(B) LARGE URBANIZED AREAS.—A metropoli- through (11) of subsection (b); and 2017; and tan planning area may use not to exceed 50 per- ‘‘(3) for a project described in section ‘‘(ii) $850,000,000 for each of fiscal years 2018 cent of the funds reserved under this subsection 101(a)(29), as in effect on the day before the through 2020; and for an urbanized area described in subsection date of enactment of the FAST Act; and ‘‘(B) the State’s share of that total is deter- (d)(1)(A)(i) for any purpose eligible under sub- ‘‘(4) as approved by the Secretary. mined by multiplying the amount under sub- section (b). ‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO paragraph (A) by the ratio that— ‘‘(7) ANNUAL REPORTS.— AREAS BASED ON POPULATION.— ‘‘(i) the amount apportioned to the State for ‘‘(A) IN GENERAL.—Each State or metropolitan ‘‘(1) CALCULATION.—Of the funds apportioned the transportation enhancements program for planning organization responsible for carrying to a State under section 104(b)(2) (after the res- fiscal year 2009 under section 133(d)(2), as in ef- out the requirements of this subsection shall ervation of funds under subsection (h))— fect on the day before the date of enactment of submit to the Secretary an annual report that ‘‘(A) the percentage specified in paragraph (6) MAP–21; bears to describes— for a fiscal year shall be obligated under this ‘‘(ii) the total amount of funds apportioned to ‘‘(i) the number of project applications re- section, in proportion to their relative shares of all States for the transportation enhancements ceived for each fiscal year, including— the population of the State— program for fiscal year 2009. ‘‘(I) the aggregate cost of the projects for ‘‘(i) in urbanized areas of the State with an ‘‘(2) ALLOCATION WITHIN A STATE.—Funds re- which applications are received; and urbanized area population of over 200,000; served for a State under paragraph (1) shall be ‘‘(II) the types of projects to be carried out, ‘‘(ii) in areas of the State other than urban obligated within that State in the manner de- expressed as percentages of the total apportion- areas with a population greater than 5,000; and scribed in subsection (d), except that, for pur- ment of the State under this subsection; and ‘‘(iii) in other areas of the State; and poses of this paragraph (after funds are made ‘‘(ii) the number of projects selected for fund- ‘‘(B) the remainder may be obligated in any available under paragraph (5))— area of the State. ‘‘(A) for each fiscal year, the percentage re- ing for each fiscal year, including the aggregate cost and location of projects selected. ‘‘(2) METROPOLITAN AREAS.—Funds attributed ferred to in paragraph (1)(A) of that subsection to an urbanized area under paragraph (1)(A)(i) shall be deemed to be 50 percent; and ‘‘(B) PUBLIC AVAILABILITY.—The Secretary may be obligated in the metropolitan area estab- ‘‘(B) the following provisions shall not apply: shall make available to the public, in a user- lished under section 134 that encompasses the ‘‘(i) Paragraph (3) of subsection (d). friendly format on the Web site of the Depart- urbanized area. ‘‘(ii) Subsection (e). ment of Transportation, a copy of each annual ‘‘(3) CONSULTATION WITH REGIONAL TRANSPOR- ‘‘(3) ELIGIBLE PROJECTS.—Funds reserved report submitted under subparagraph (A). TATION PLANNING ORGANIZATIONS.—For purposes under this subsection may be obligated for ‘‘(i) TREATMENT OF PROJECTS.—Notwith- of paragraph (1)(A)(iii), before obligating fund- projects or activities described in section standing any other provision of law, projects ing attributed to an area with a population 101(a)(29) or 213, as such provisions were in ef- funded under this section (excluding those car- greater than 5,000 and less than 200,000, a State fect on the day before the date of enactment of ried out under subsection (h)(5)) shall be treated shall consult with the regional transportation the FAST Act. as projects on a Federal-aid highway under this planning organizations that represent the area, ‘‘(4) ACCESS TO FUNDS.— chapter.’’. if any. ‘‘(A) IN GENERAL.—A State or metropolitan (c) TECHNICAL AND CONFORMING AMEND- ‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS planning organization required to obligate MENTS.— OF OVER 200,000 POPULATION.— funds in accordance with paragraph (2) shall (1) SECTION 126.—Section 126(b)(2) of title 23, ‘‘(A) IN GENERAL.—Except as provided in sub- develop a competitive process to allow eligible United States Code, is amended— paragraph (B), the amount of funds that a State entities to submit projects for funding that (A) by striking ‘‘section 213’’ and inserting is required to obligate under paragraph (1)(A)(i) achieve the objectives of this subsection. A met- ‘‘section 133(h)’’; and shall be obligated in urbanized areas described ropolitan planning organization for an area de- (B) by striking ‘‘section 213(c)(1)(B)’’ and in- in paragraph (1)(A)(i) based on the relative pop- scribed in subsection (d)(1)(A)(i) shall select serting ‘‘section 133(h)’’. ulation of the areas. projects under such process in consultation with (2) SECTION 213.—Section 213 of title 23, United ‘‘(B) OTHER FACTORS.—The State may obligate the relevant State. States Code, is repealed. the funds described in subparagraph (A) based ‘‘(B) ELIGIBLE ENTITY DEFINED.—In this para- (3) SECTION 322.—Section 322(h)(3) of title 23, on other factors if the State and the relevant graph, the term ‘eligible entity’ means— United States Code, is amended by striking metropolitan planning organizations jointly ‘‘(i) a local government; ‘‘surface transportation program’’ and inserting apply to the Secretary for the permission to base ‘‘(ii) a regional transportation authority; ‘‘surface transportation block grant program’’. the obligation on other factors and the Sec- ‘‘(iii) a transit agency; (4) SECTION 504.—Section 504(a)(4) of title 23, retary grants the request. ‘‘(iv) a natural resource or public land agen- United States Code, is amended— ‘‘(5) APPLICABILITY OF PLANNING REQUIRE- cy; (A) by striking ‘‘104(b)(3)’’ and inserting MENTS.—Programming and expenditure of funds ‘‘(v) a school district, local education agency, ‘‘104(b)(2)’’; and for projects under this section shall be con- or school; (B) by striking ‘‘surface transportation pro- sistent with sections 134 and 135. ‘‘(vi) a tribal government; gram’’ and inserting ‘‘surface transportation ‘‘(6) PERCENTAGE.—The percentage referred to ‘‘(vii) a nonprofit entity responsible for the block grant program’’. in paragraph (1)(A) is— administration of local transportation safety (5) CHAPTER 1.—Chapter 1 of title 23, United ‘‘(A) for fiscal year 2016, 51 percent; programs; and States Code, is amended by striking ‘‘surface ‘‘(B) for fiscal year 2017, 52 percent; ‘‘(viii) any other local or regional govern- transportation program’’ each place it appears ‘‘(C) for fiscal year 2018, 53 percent; mental entity with responsibility for or oversight and inserting ‘‘surface transportation block ‘‘(D) for fiscal year 2019, 54 percent; and of transportation or recreational trails (other grant program’’. ‘‘(E) for fiscal year 2020, 55 percent.’’; than a metropolitan planning organization or a (6) CHAPTER ANALYSES.—

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(A) CHAPTER 1.—The analysis for chapter 1 of (1) in subsection (a), in the subsection head- (b) NATIONAL FERRY DATABASE.—Section title 23, United States Code, is amended by strik- ing, by striking ‘‘IN GENERAL.—’’ and inserting 1801(e)(4) of SAFETEA–LU (23 U.S.C. 129 note) ing the item relating to section 133 and inserting ‘‘PROGRAM.—’’; and is amended by striking subparagraph (D) and the following: (2) by striking subsections (d) through (g) and inserting the following: ‘‘133. Surface transportation block grant pro- inserting the following: ‘‘(D) make available, from the amounts made gram.’’. ‘‘(d) FORMULA.—Of the amounts allocated available for each fiscal year to carry out chap- (B) CHAPTER 2.—The item relating to section under subsection (c)— ter 63 of title 49, not more than $500,000 to main- 213 in the analysis for chapter 2 of title 23, ‘‘(1) 35 percent shall be allocated among eligi- tain the database.’’. United States Code, is repealed. ble entities in the proportion that— (c) CONFORMING AMENDMENTS.—Section 129(c) (7) OTHER REFERENCES.—Any reference in any ‘‘(A) the number of ferry passengers, includ- of title 23, United States Code, is amended— other law, regulation, document, paper, or other ing passengers in vehicles, carried by each ferry (1) in paragraph (2), in the first sentence, by record of the United States to the surface trans- system in the most recent calendar year for inserting ‘‘or on a public transit ferry eligible portation program under section 133 of title 23, which data is available; bears to under chapter 53 of title 49’’ after ‘‘Interstate United States Code, shall be deemed to be a ref- ‘‘(B) the number of ferry passengers, includ- System’’; erence to the surface transportation block grant ing passengers in vehicles, carried by all ferry (2) in paragraph (3)— program under such section. systems in the most recent calendar year for (A) by striking ‘‘(3) Such ferry’’ and inserting SEC. 1110. HIGHWAY USE TAX EVASION which data is available; ‘‘(3)(A) The ferry’’; and PROJECTS. ‘‘(2) 35 percent shall be allocated among eligi- (B) by adding at the end the following: Section 143(b) of title 23, United States Code, ble entities in the proportion that— ‘‘(B) Any Federal participation shall not in- is amended— ‘‘(A) the number of vehicles carried by each volve the construction or purchase, for private (1) by striking paragraph (2)(A) and inserting ferry system in the most recent calendar year for ownership, of a ferry boat, ferry terminal facil- the following: which data is available; bears to ity, or other eligible project under this section.’’; ‘‘(A) IN GENERAL.—From administrative funds ‘‘(B) the number of vehicles carried by all (3) in paragraph (4) by striking ‘‘and repair,’’ made available under section 104(a), the Sec- ferry systems in the most recent calendar year and inserting ‘‘repair,’’; and retary may deduct such sums as are necessary, for which data is available; and (4) by striking paragraph (6) and inserting the not to exceed $4,000,000 for each of fiscal years ‘‘(3) 30 percent shall be allocated among eligi- following: 2016 through 2020, to carry out this section.’’; ble entities in the proportion that— ‘‘(6) The ferry service shall be maintained in (2) in the heading for paragraph (8) by insert- ‘‘(A) the total route nautical miles serviced by accordance with section 116. ing ‘‘BLOCK GRANT’’ after ‘‘SURFACE TRANSPOR- each ferry system in the most recent calendar ‘‘(7)(A) No ferry boat or ferry terminal with TATION’’; and year for which data is available; bears to Federal participation under this title may be (3) in paragraph (9) by inserting ‘‘, the Com- ‘‘(B) the total route nautical miles serviced by sold, leased, or otherwise disposed of, except in mittee on Transportation and Infrastructure of all ferry systems in the most recent calendar accordance with part 200 of title 2, Code of Fed- the House of Representatives, and the Com- year for which data is available. eral Regulations. mittee on Environment and Public Works of the ‘‘(e) REDISTRIBUTION OF UNOBLIGATED ‘‘(B) The Federal share of any proceeds from Senate’’ after ‘‘the Secretary’’. AMOUNTS.—The Secretary shall— a disposition referred to in subparagraph (A) shall be used for eligible purposes under this SEC. 1111. BUNDLING OF BRIDGE PROJECTS. ‘‘(1) withdraw amounts allocated to an eligi- Section 144 of title 23, United States Code, is ble entity under subsection (c) that remain un- title.’’. amended— obligated by the end of the third fiscal year fol- SEC. 1113. HIGHWAY SAFETY IMPROVEMENT PRO- (1) in subsection (c)(2)(A) by striking ‘‘the lowing the fiscal year for which the amounts GRAM. natural condition of the bridge’’ and inserting were allocated; and (a) IN GENERAL.—Section 148 of title 23, ‘‘the natural condition of the water’’; ‘‘(2) in the subsequent fiscal year, redistribute United States Code, is amended— (2) by redesignating subsection (j) as sub- the amounts referred to in paragraph (1) in ac- (1) in subsection (a)— section (k); cordance with the formula under subsection (d) (A) in paragraph (4)(B)— (3) by inserting after subsection (i) the fol- among eligible entities for which no amounts (i) in the matter preceding clause (i), by strik- lowing: were withdrawn under paragraph (1). ing ‘‘includes, but is not limited to,’’ and insert- ing ‘‘only includes’’; and ‘‘(j) BUNDLING OF BRIDGE PROJECTS.— ‘‘(f) MINIMUM AMOUNT.—Notwithstanding (ii) by adding at the end the following: ‘‘(1) PURPOSE.—The purpose of this subsection subsection (c), a State with an eligible entity ‘‘(xxv) Installation of vehicle-to-infrastructure is to save costs and time by encouraging States that meets the requirements of this section shall communication equipment. to bundle multiple bridge projects as 1 project. receive not less than $100,000 under this section ‘‘(2) ELIGIBLE ENTITY DEFINED.—In this sub- ‘‘(xxvi) Pedestrian hybrid beacons. for a fiscal year. ‘‘(xxvii) Roadway improvements that provide section, the term ‘eligible entity’ means an enti- ‘‘(g) IMPLEMENTATION.— ty eligible to carry out a bridge project under separation between pedestrians and motor vehi- ‘‘(1) DATA COLLECTION.— cles, including medians and pedestrian crossing section 119 or 133. ‘‘(A) NATIONAL FERRY DATABASE.—Amounts ‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli- islands. made available for a fiscal year under this sec- ‘‘(xxviii) A physical infrastructure safety gible entity may bundle 2 or more similar bridge tion shall be allocated using the most recent projects that are— project not described in clauses (i) through data available, as collected and imputed in ac- (xxvii).’’; ‘‘(A) eligible projects under section 119 or 133; cordance with the national ferry database es- ‘‘(B) included as a bundled project in a trans- (B) by striking paragraph (10); and tablished under section 1801(e) of SAFETEA–LU (C) by redesignating paragraphs (11) through portation improvement program under section (23 U.S.C. 129 note). 134(j) or a statewide transportation improvement (13) as paragraphs (10) through (12), respec- ‘‘(B) ELIGIBILITY FOR FUNDING.—To be eligible tively; program under section 135, as applicable; and to receive funds under subsection (c), data shall ‘‘(C) awarded to a single contractor or con- (2) in subsection (c)(1)(A) by striking ‘‘sub- have been submitted in the most recent collec- sultant pursuant to a contract for engineering sections (a)(12)’’ and inserting ‘‘subsections tion of data for the national ferry database and design or construction between the con- (a)(11)’’; under section 1801(e) of SAFETEA–LU (23 tractor and an eligible entity. (3) in subsection (d)(2)(B)(i) by striking ‘‘sub- U.S.C. 129 note) for at least 1 ferry service with- ‘‘(4) ITEMIZATION.—Notwithstanding any section (a)(12)’’ and inserting ‘‘subsection in the State. other provision of law (including regulations), a (a)(11)’’; and ‘‘(2) ADJUSTMENTS.—On review of the data bundling of bridge projects under this subsection (4) by adding at the end the following: submitted under paragraph (1)(B), the Secretary may be listed as— ‘‘(k) DATA COLLECTION ON UNPAVED PUBLIC ‘‘(A) 1 project for purposes of sections 134 and may make adjustments to the data as the Sec- ROADS.— 135; and retary determines necessary to correct ‘‘(1) IN GENERAL.—A State may elect not to ‘‘(B) a single project. misreported or inconsistent data. collect fundamental data elements for the model ‘‘(5) FINANCIAL CHARACTERISTICS.—Projects ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— inventory of roadway elements on public roads bundled under this subsection shall have the There is authorized to be appropriated out of that are gravel roads or otherwise unpaved if— same financial characteristics, including— the Highway Trust Fund (other than the Mass ‘‘(A) the State does not use funds provided to ‘‘(A) the same funding category or sub- Transit Account) to carry out this section carry out this section for a project on any such category; and $80,000,000 for each of fiscal years 2016 through roads until the State completes a collection of ‘‘(B) the same Federal share. 2020. the required model inventory of roadway ele- ‘‘(6) ENGINEERING COST REIMBURSEMENT.—The ‘‘(i) PERIOD OF AVAILABILITY.—Notwith- ments for the applicable road segment; and provisions of section 102(b) do not apply to standing section 118(b), funds made available to ‘‘(B) the State demonstrates that the State projects carried out under this subsection.’’; and carry out this section shall remain available consulted with affected Indian tribes before (4) in subsection (k)(2), as redesignated by until expended. ceasing to collect data with respect to such paragraph (2) of this section, by striking ‘‘(j) APPLICABILITY.—All provisions of this roads that are included in the National Tribal ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’. chapter that are applicable to the National Transportation Facility Inventory under section SEC. 1112. CONSTRUCTION OF FERRY BOATS AND Highway System, other than provisions relating 202(b)(1) of this title. FERRY TERMINAL FACILITIES. to apportionment formula and Federal share, ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this (a) CONSTRUCTION OF FERRY BOATS AND shall apply to funds made available to carry out subsection may be construed to allow a State to FERRY TERMINAL FACILITIES.—Section 147 of this section, except as determined by the Sec- cease data collection related to serious injuries title 23, United States Code, is amended— retary to be inconsistent with this section.’’. or fatalities.’’.

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(b) COMMERCIAL MOTOR VEHICLE SAFETY sions analysis of a metropolitan transportation the ability of States to address highway freight BEST PRACTICES.— plan or transportation improvement program; connectivity; and (1) REVIEW.—The Secretary shall conduct a and ‘‘(7) to reduce the environmental impacts of review of best practices with respect to the im- ‘‘(ii) regional motor vehicle emissions are an freight movement on the National Highway plementation of roadway safety infrastructure insignificant contributor to the air quality prob- Freight Network. improvements that— lem for PM2.5 in the nonattainment or mainte- ‘‘(c) ESTABLISHMENT OF NATIONAL HIGHWAY (A) are cost effective; and nance area. FREIGHT NETWORK.— (B) reduce the number or severity of accidents ‘‘(B) CALCULATION.—If subparagraph (A) ap- ‘‘(1) IN GENERAL.—The Administrator shall es- involving commercial motor vehicles. plies to a nonattainment or maintenance area in tablish a National Highway Freight Network in (2) CONSULTATION.—In conducting the review a State, the percentage of the PM2.5 set-aside accordance with this section to strategically di- under paragraph (1), the Secretary shall consult under paragraph (1) shall be reduced for that rect Federal resources and policies toward im- with State transportation departments and units State proportionately based on the weighted proved performance of the Network. of local government. population of the area in fine particulate matter ‘‘(2) NETWORK COMPONENTS.—The National (3) REPORT.—Not later than 1 year after the nonattainment. Highway Freight Network shall consist of— date of enactment of this Act, the Secretary ‘‘(4) PORT-RELATED EQUIPMENT AND VEHI- ‘‘(A) the primary highway freight system, as shall submit to the Committee on Transportation CLES.—To meet the requirements under para- designated under subsection (d); and Infrastructure of the House of Representa- graph (1), a State or metropolitan planning or- ‘‘(B) critical rural freight corridors established tives and the Committee on Environment and ganization may elect to obligate funds to the under subsection (e); Public Works of the Senate a report describing most cost-effective projects to reduce emissions ‘‘(C) critical urban freight corridors estab- the results of the review conducted under para- from port-related landside nonroad or on-road lished under subsection (f); and graph (1). equipment that is operated within the bound- ‘‘(D) the portions of the Interstate System not designated as part of the primary highway SEC. 1114. CONGESTION MITIGATION AND AIR aries of a PM2.5 nonattainment or maintenance freight system. QUALITY IMPROVEMENT PROGRAM. area.’’; ‘‘(d) DESIGNATION AND REDESIGNATION OF THE Section 149 of title 23, United States Code, is (6) in subsection (l)(1)(B) by inserting ‘‘air PRIMARY HIGHWAY FREIGHT SYSTEM.— amended— quality and traffic congestion’’ before ‘‘perform- ‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGH- (1) in subsection (b)— ance targets’’; and WAY FREIGHT SYSTEM.—The initial designation (A) in paragraph (1)(A)(i)(I) by inserting ‘‘in (7) in subsection (m) by striking ‘‘section of the primary highway freight system shall be the designated nonattainment area’’ after ‘‘air 104(b)(2)’’ and inserting ‘‘section 104(b)(4)’’. the 41,518-mile network identified during the quality standard’’; SEC. 1115. TERRITORIAL AND PUERTO RICO designation process for the primary freight net- (B) in paragraph (3) by inserting ‘‘or mainte- HIGHWAY PROGRAM. work under section 167(d) of this title, as in ef- nance’’ after ‘‘likely to contribute to the attain- Section 165(a) of title 23, United States Code, fect on the day before the date of enactment of ment’’; is amended— the FAST Act. (C) in paragraph (4) by striking ‘‘attainment (1) in paragraph (1) by striking ‘‘$150,000,000’’ ‘‘(2) REDESIGNATION OF PRIMARY HIGHWAY of’’ and inserting ‘‘attainment or maintenance and inserting ‘‘$158,000,000’’; and FREIGHT SYSTEM.— in the area of’’; (2) in paragraph (2) by striking ‘‘$40,000,000’’ ‘‘(A) IN GENERAL.—Beginning 5 years after the (D) in paragraph (7) by striking ‘‘or’’ at the and inserting ‘‘$42,000,000’’. date of enactment of the FAST Act, and every end; SEC. 1116. NATIONAL HIGHWAY FREIGHT PRO- 5 years thereafter, using the designation factors (E) in paragraph (8)— GRAM. described in subparagraph (E), the Adminis- (i) in subparagraph (A)(ii)— (a) IN GENERAL.—Section 167 of title 23, trator shall redesignate the primary highway (I) in the matter preceding subclause (I) by in- United States Code, is amended to read as fol- freight system. serting ‘‘or port-related freight operations’’ after lows: ‘‘(B) REDESIGNATION MILEAGE.—Each redesig- ‘‘construction projects’’; and ‘‘§ 167. National highway freight program nation may increase the mileage on the primary (II) in subclause (II) by inserting ‘‘or chapter highway freight system by not more than 3 per- 53 of title 49’’ after ‘‘this title’’; and ‘‘(a) IN GENERAL.— cent of the total mileage of the system. (ii) in subparagraph (B) by striking the period ‘‘(1) POLICY.—It is the policy of the United ‘‘(C) USE OF MEASURABLE DATA.—In redesig- at the end and inserting ‘‘; or’’; and States to improve the condition and performance nating the primary highway freight system, to (F) by adding at the end the following: of the National Highway Freight Network estab- the maximum extent practicable, the Adminis- ‘‘(9) if the project or program is for the instal- lished under this section to ensure that the Net- trator shall use measurable data to assess the lation of vehicle-to-infrastructure communica- work provides the foundation for the United significance of goods movement, including con- tion equipment.’’; States to compete in the global economy and sideration of points of origin, destinations, and (2) in subsection (c)(2) by inserting ‘‘(giving achieve the goals described in subsection (b). linking components of the United States global priority to corridors designated under section ‘‘(2) ESTABLISHMENT.—In support of the goals and domestic supply chains. 151)’’ after ‘‘at any location in the State’’; described in subsection (b), the Administrator of ‘‘(D) INPUT.—In redesignating the primary (3) in subsection (d)— the Federal Highway Administration shall es- highway freight system, the Administrator shall (A) by striking paragraph (1)(B) and inserting tablish a national highway freight program in provide an opportunity for State freight advi- the following: accordance with this section to improve the effi- sory committees, as applicable, to submit addi- ‘‘(B) is eligible under the surface transpor- cient movement of freight on the National High- tional miles for consideration. tation block grant program under section 133.’’; way Freight Network. ‘‘(E) FACTORS FOR REDESIGNATION.—In redes- (B) in paragraph (2)— ‘‘(b) GOALS.—The goals of the national high- ignating the primary highway freight system, (i) in subparagraph (A)— way freight program are— the Administrator shall consider— (I) in the matter preceding clause (i) by insert- ‘‘(1) to invest in infrastructure improvements ‘‘(i) changes in the origins and destinations of ing ‘‘would otherwise be eligible under sub- and to implement operational improvements on freight movement in, to, and from the United section (b) if the project were carried out in a the highways of the United States that— ‘‘(A) strengthen the contribution of the Na- States; nonattainment or maintenance area or’’ after ‘‘(ii) changes in the percentage of annual tional Highway Freight Network to the eco- ‘‘may use for any project that’’; and daily truck traffic in the annual average daily (II) in clause (i) by striking ‘‘paragraph (l)’’ nomic competitiveness of the United States; traffic on principal arterials; ‘‘(B) reduce congestion and bottlenecks on the and inserting ‘‘subsection (k)(1)’’; and ‘‘(iii) changes in the location of key facilities; (ii) in subparagraph (B)(i) by striking ‘‘MAP– National Highway Freight Network; ‘‘(iv) land and water ports of entry; 21t’’ and inserting ‘‘MAP–21’’; and ‘‘(C) reduce the cost of freight transportation; ‘‘(v) access to energy exploration, develop- (C) in paragraph (3) by inserting ‘‘, in a man- ‘‘(D) improve the year-round reliability of ment, installation, or production areas; ner consistent with the approach that was in ef- freight transportation; and ‘‘(vi) access to other freight intermodal facili- fect on the day before the date of enactment of ‘‘(E) increase productivity, particularly for ties, including rail, air, water, and pipelines fa- MAP–21,’’ after ‘‘the Secretary shall modify’’; domestic industries and businesses that create cilities; (4) in subsection (g)(2)(B) by striking ‘‘not high-value jobs; ‘‘(vii) the total freight tonnage and value later that’’ and inserting ‘‘not later than’’; ‘‘(2) to improve the safety, security, efficiency, moved via highways; (5) in subsection (k) by adding at the end the and resiliency of freight transportation in rural ‘‘(viii) significant freight bottlenecks, as iden- following: and urban areas; tified by the Administrator; ‘‘(3) PM2.5 NONATTAINMENT AND MAINTENANCE ‘‘(3) to improve the state of good repair of the ‘‘(ix) the significance of goods movement on IN LOW POPULATION DENSITY STATES.— National Highway Freight Network; principal arterials, including consideration of ‘‘(A) EXCEPTION.—In any State with a popu- ‘‘(4) to use innovation and advanced tech- global and domestic supply chains; lation density of 80 or fewer persons per square nology to improve the safety, efficiency, and re- ‘‘(x) critical emerging freight corridors and mile of land area, based on the most recent de- liability of the National Highway Freight Net- critical commerce corridors; and cennial census, the requirements under sub- work; ‘‘(xi) network connectivity. section (g)(3) and paragraphs (1) and (2) of this ‘‘(5) to improve the efficiency and productivity ‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.— subsection shall not apply to a nonattainment of the National Highway Freight Network; ‘‘(1) IN GENERAL.—A State may designate a or maintenance area in the State if— ‘‘(6) to improve the flexibility of States to sup- public road within the borders of the State as a ‘‘(i) the nonattainment or maintenance area port multi-State corridor planning and the cre- critical rural freight corridor if the public road does not have projects that are part of the emis- ation of multi-State organizations to increase is not in an urbanized area and—

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8691 ‘‘(A) is a rural principal arterial roadway and than 2 years after the date of enactment of the ‘‘(v) Environmental and community mitigation has a minimum of 25 percent of the annual aver- FAST Act, and biennially thereafter, the Ad- for freight movement. age daily traffic of the road measured in pas- ministrator shall prepare and submit to Con- ‘‘(vi) Railway-highway grade separation. senger vehicle equivalent units from trucks gress a report that describes the conditions and ‘‘(vii) Geometric improvements to interchanges (Federal Highway Administration vehicle class 8 performance of the National Highway Freight and ramps. to 13); Network in the United States. ‘‘(viii) Truck-only lanes. ‘‘(B) provides access to energy exploration, de- ‘‘(i) USE OF APPORTIONED FUNDS.— ‘‘(ix) Climbing and runaway truck lanes. velopment, installation, or production areas; ‘‘(1) IN GENERAL.—A State shall obligate funds ‘‘(x) Adding or widening of shoulders. ‘‘(C) connects the primary highway freight apportioned to the State under section 104(b)(5) ‘‘(xi) Truck parking facilities eligible for fund- system, a roadway described in subparagraph to improve the movement of freight on the Na- ing under section 1401 of MAP–21 (23 U.S.C. 137 (A) or (B), or the Interstate System to facilities tional Highway Freight Network. note). that handle more than— ‘‘(2) FORMULA.—The Administrator shall cal- ‘‘(xii) Real-time traffic, truck parking, road- ‘‘(i) 50,000 20-foot equivalent units per year; or culate for each State the proportion that— way condition, and multimodal transportation ‘‘(ii) 500,000 tons per year of bulk commodities; ‘‘(A) the total mileage in the State designated information systems. ‘‘(D) provides access to— as part of the primary highway freight system; ‘‘(xiii) Electronic screening and credentialing ‘‘(i) a grain elevator; bears to systems for vehicles, including weigh-in-motion ‘‘(ii) an agricultural facility; ‘‘(B) the total mileage of the primary highway truck inspection technologies. ‘‘(iii) a mining facility; freight system in all States. ‘‘(xiv) Traffic signal optimization, including ‘‘(iv) a forestry facility; or ‘‘(3) USE OF FUNDS.— synchronized and adaptive signals. ‘‘(v) an intermodal facility; ‘‘(A) STATES WITH HIGH PRIMARY HIGHWAY ‘‘(xv) Work zone management and information ‘‘(E) connects to an international port of FREIGHT SYSTEM MILEAGE.—If the proportion of systems. entry; a State under paragraph (2) is greater than or ‘‘(xvi) Highway ramp metering. ‘‘(F) provides access to significant air, rail, equal to 2 percent, the State may obligate funds ‘‘(xvii) Electronic cargo and border security water, or other freight facilities in the State; or apportioned to the State under section 104(b)(5) technologies that improve truck freight move- ‘‘(G) is, in the determination of the State, for projects on— ment. vital to improving the efficient movement of ‘‘(i) the primary highway freight system; ‘‘(xviii) Intelligent transportation systems that freight of importance to the economy of the ‘‘(ii) critical rural freight corridors; and would increase truck freight efficiencies inside State. ‘‘(iii) critical urban freight corridors. the boundaries of intermodal facilities. ‘‘(2) LIMITATION.—A State may designate as ‘‘(B) STATES WITH LOW PRIMARY HIGHWAY ‘‘(xix) Additional road capacity to address critical rural freight corridors a maximum of 150 FREIGHT SYSTEM MILEAGE.—If the proportion of highway freight bottlenecks. miles of highway or 20 percent of the primary a State under paragraph (2) is less than 2 per- ‘‘(xx) Physical separation of passenger vehi- highway freight system mileage in the State, cent, the State may obligate funds apportioned cles from commercial motor freight. whichever is greater. to the State under section 104(b)(5) for projects ‘‘(xxi) Enhancement of the resiliency of crit- ‘‘(f) CRITICAL URBAN FREIGHT CORRIDORS.— on any component of the National Highway ical highway infrastructure, including highway ‘‘(1) URBANIZED AREA WITH POPULATION OF Freight Network. infrastructure that supports national energy se- 500,000 OR MORE.—In an urbanized area with a ‘‘(4) FREIGHT PLANNING.—Notwithstanding population of 500,000 or more individuals, the curity, to improve the flow of freight. any other provision of law, effective beginning 2 representative metropolitan planning organiza- ‘‘(xxii) A highway or bridge project, other years after the date of enactment of the FAST tion, in consultation with the State, may des- than a project described in clauses (i) through Act, a State may not obligate funds apportioned ignate a public road within the borders of that (xxi), to improve the flow of freight on the Na- to the State under section 104(b)(5) unless the area of the State as a critical urban freight cor- tional Highway Freight Network. State has developed a freight plan in accord- ‘‘(xxiii) Any other surface transportation ridor. ance with section 70202 of title 49, except that project to improve the flow of freight into and ‘‘(2) URBANIZED AREA WITH A POPULATION the multimodal component of the plan may be out of a facility described in subparagraph (B). LESS THAN 500,000.—In an urbanized area with a population of less than 500,000 individuals, the incomplete before an obligation may be made ‘‘(6) OTHER ELIGIBLE COSTS.—In addition to State, in consultation with the representative under this section. the eligible projects identified in paragraph (5), metropolitan planning organization, may des- ‘‘(5) ELIGIBILITY.— a State may use funds apportioned under sec- ‘‘(A) IN GENERAL.—Except as provided in this ignate a public road within the borders of that tion 104(b)(5) for— subsection, for a project to be eligible for fund- ‘‘(A) carrying out diesel retrofit or alternative area of the State as a critical urban freight cor- ing under this section the project shall— fuel projects under section 149 for class 8 vehi- ridor. ‘‘(i) contribute to the efficient movement of cles; and ‘‘(3) REQUIREMENTS FOR DESIGNATION.—A des- ignation may be made under paragraph (1) or freight on the National Highway Freight Net- ‘‘(B) the necessary costs of— ‘‘(i) conducting analyses and data collection (2) if the public road— work; and ‘‘(A) is in an urbanized area, regardless of ‘‘(ii) be identified in a freight investment plan related to the national highway freight pro- population; and included in a freight plan of the State that is in gram; ‘‘(B)(i) connects an intermodal facility to— effect. ‘‘(ii) developing and updating performance ‘‘(I) the primary highway freight system; ‘‘(B) OTHER PROJECTS.—For each fiscal year, targets to carry out this section; and ‘‘(II) the Interstate System; or a State may obligate not more than 10 percent of ‘‘(iii) reporting to the Administrator to comply ‘‘(III) an intermodal freight facility; the total apportionment of the State under sec- with the freight performance target under sec- ‘‘(ii) is located within a corridor of a route on tion 104(b)(5) for freight intermodal or freight tion 150. the primary highway freight system and pro- rail projects, including projects— ‘‘(7) APPLICABILITY OF PLANNING REQUIRE- vides an alternative highway option important ‘‘(i) within the boundaries of public or private MENTS.—Programming and expenditure of funds to goods movement; freight rail or water facilities (including ports); for projects under this section shall be con- ‘‘(iii) serves a major freight generator, logistic and sistent with the requirements of sections 134 and center, or manufacturing and warehouse indus- ‘‘(ii) that provide surface transportation in- 135. trial land; or frastructure necessary to facilitate direct inter- ‘‘(j) STATE PERFORMANCE TARGETS.—If the ‘‘(iv) is important to the movement of freight modal interchange, transfer, and access into or Administrator determines that a State has not within the region, as determined by the metro- out of the facility. met or made significant progress toward meeting politan planning organization or the State. ‘‘(C) ELIGIBLE PROJECTS.—Funds apportioned the performance targets related to freight move- ‘‘(4) LIMITATION.—For each State, a maximum to the State under section 104(b)(5) for the na- ment of the State established under section of 75 miles of highway or 10 percent of the pri- tional highway freight program may be obli- 150(d) by the date that is 2 years after the date mary highway freight system mileage in the gated to carry out 1 or more of the following: of the establishment of the performance targets, State, whichever is greater, may be designated ‘‘(i) Development phase activities, including the State shall include in the next report sub- as a critical urban freight corridor under para- planning, feasibility analysis, revenue fore- mitted under section 150(e) a description of the graphs (1) and (2). casting, environmental review, preliminary engi- actions the State will undertake to achieve the ‘‘(g) DESIGNATION AND CERTIFICATION.— neering and design work, and other targets, including— ‘‘(1) DESIGNATION.—States and metropolitan preconstruction activities. ‘‘(1) an identification of significant freight planning organizations may designate corridors ‘‘(ii) Construction, reconstruction, rehabilita- system trends, needs, and issues within the under subsections (e) and (f) and submit the tion, acquisition of real property (including State; designated corridors to the Administrator on a land relating to the project and improvements to ‘‘(2) a description of the freight policies and rolling basis. land), construction contingencies, acquisition of strategies that will guide the freight-related ‘‘(2) CERTIFICATION.—Each State or metropoli- equipment, and operational improvements di- transportation investments of the State; tan planning organization that designates a rectly relating to improving system performance. ‘‘(3) an inventory of freight bottlenecks within corridor under subsection (e) or (f) shall certify ‘‘(iii) Intelligent transportation systems and the State and a description of the ways in which to the Administrator that the designated cor- other technology to improve the flow of freight, the State is allocating national highway freight ridor meets the requirements of the applicable including intelligent freight transportation sys- program funds to improve those bottlenecks; and subsection. tems. ‘‘(4) a description of the actions the State will ‘‘(h) HIGHWAY FREIGHT TRANSPORTATION CON- ‘‘(iv) Efforts to reduce the environmental im- undertake to meet the performance targets of DITIONS AND PERFORMANCE REPORTS.—Not later pacts of freight movement. the State.

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‘‘(k) INTELLIGENT FREIGHT TRANSPORTATION problem and develop appropriate counter- (2) in subsection (b)— SYSTEM.— measures, which may include effective transpor- (A) in paragraph (1)(B)— ‘‘(1) DEFINITION OF INTELLIGENT FREIGHT tation safety planning and programs aimed at— (i) in clause (iv) by striking ‘‘and’’ at the end; TRANSPORTATION SYSTEM.—In this section, the (i) driving under the influence (DUI) preven- (ii) in clause (v) by striking the period at the term ‘intelligent freight transportation system’ tion; end and inserting a semicolon; and means— (ii) pedestrian safety; (iii) by adding at the end the following: ‘‘(A) innovative or intelligent technological (iii) roadway safety improvements; ‘‘(vi) the Bureau of Reclamation; and transportation systems, infrastructure, or facili- (iv) seat belt usage; and ‘‘(vii) independent Federal agencies with nat- ties, including elevated freight transportation (v) proper use of child restraints. ural resource and land management responsibil- facilities— (2) REPORT TO CONGRESS.— ities.’’; and (A) IN GENERAL.—Not later than 1 year after ‘‘(i) in proximity to, or within, an existing (B) in paragraph (2)(B)— the date of enactment of this Act, the Secretary, right of way on a Federal-aid highway; or (i) in the matter preceding clause (i) by insert- after consultation with the Secretary of Interior, ‘‘(ii) that connect land ports-of entry to exist- ing ‘‘performance management, including’’ after the Secretary of Health and Human Services, ing Federal-aid highways; or ‘‘support’’; and the Attorney General, and Indian tribes, shall ‘‘(B) communications or information proc- (ii) in clause (i)(II) by striking ‘‘, and’’ and submit to the Committee on Environment and essing systems that improve the efficiency, secu- inserting ‘‘; and’’; and Public Works and the Committee on Indian Af- rity, or safety of freight movements on the Fed- (3) in subsection (c)(2)(B) by adding at the fairs of the Senate and the Committee on Trans- eral-aid highway system, including to improve end the following: portation and Infrastructure and the Committee the conveyance of freight on dedicated intel- ‘‘(vi) The Bureau of Reclamation.’’. ligent freight lanes. on Natural Resources of the House of Represent- atives a report describing the quality of trans- SEC. 1120. FEDERAL LANDS PROGRAMMATIC AC- ‘‘(2) OPERATING STANDARDS.—The Adminis- TIVITIES. trator shall determine whether there is a need portation safety data collected by States, coun- Section 201(c) of title 23, United States Code, for establishing operating standards for intel- ties, and Indian tribes for transportation safety is amended— ligent freight transportation systems. systems and the relevance of that data to im- (1) in paragraph (6)(A)— ‘‘(l) TREATMENT OF FREIGHT PROJECTS.—Not- proving the collection and sharing of data on (A) by redesignating clauses (i) and (ii) as withstanding any other provision of law, a crashes on Indian reservations. subclauses (I) and (II), respectively (and by freight project carried out under this section (B) PURPOSES.—The purposes of the report moving the subclauses 2 ems to the right); shall be treated as if the project were on a Fed- are— (B) in the matter preceding subclause (I) (as eral-aid highway.’’. (i) to improve the collection and sharing of so redesignated), by striking ‘‘The Secretaries’’ (b) CLERICAL AMENDMENT.—The analysis for data on crashes on Indian reservations; and and inserting the following: chapter 1 of title 23, United States Code, is (ii) to develop data that Indian tribes can use ‘‘(i) IN GENERAL.—The Secretaries’’; amended by striking the item relating to section to recover damages to tribal property caused by (C) by inserting a period after ‘‘tribal trans- 167 and inserting the following: motorists. (C) PAPERLESS DATA REPORTING.—In pre- portation program’’; and ‘‘167. National highway freight program.’’. paring the report, the Secretary shall provide (D) by striking ‘‘in accordance with’’ and all (c) REPEALS.—Sections 1116, 1117, and 1118 of States, counties, and Indian tribes with options that follows through ‘‘including—’’ and insert- MAP–21 (23 U.S.C. 167 note), and the items re- and best practices for transition to a paperless ing the following: lating to such sections in the table of contents transportation safety data reporting system ‘‘(ii) REQUIREMENT.—Data collected to imple- in section 1(c) of such Act, are repealed. that— ment the tribal transportation program shall be SEC. 1117. FEDERAL LANDS AND TRIBAL TRANS- (i) improves the collection of crash reports; in accordance with the Indian Self-Determina- PORTATION PROGRAMS. (ii) stores, archives, queries, and shares crash tion and Education Assistance Act (25 U.S.C. (a) TRIBAL DATA COLLECTION.—Section records; and 450 et seq.). 201(c)(6) of title 23, United States Code, is (iii) uses data exclusively— ‘‘(iii) INCLUSIONS.—Data collected under this amended by adding at the end the following: (I) to address traffic safety issues on Indian paragraph includes—’’; and ‘‘(C) TRIBAL DATA COLLECTION.—In addition reservations; and (2) by striking paragraph (7) and inserting the to the data to be collected under subparagraph (II) to identify and improve problem areas on following— (A), not later than 90 days after the last day of public roads on Indian reservations. ‘‘(7) COOPERATIVE RESEARCH AND TECHNOLOGY each fiscal year, any entity carrying out a (D) ADDITIONAL BUDGETARY RESOURCES.—The DEPLOYMENT.—The Secretary may conduct co- project under the tribal transportation program Secretary shall include in the report the identi- operative research and technology deployment under section 202 shall submit to the Secretary fication of Federal transportation funds pro- in coordination with Federal land management and the Secretary of the Interior, based on obli- vided to Indian tribes by agencies in addition to agencies, as determined appropriate by the Sec- gations and expenditures under the tribal trans- the Department and the Department of the Inte- retary. portation program during the preceding fiscal rior. ‘‘(8) FUNDING.— year, the following data: (c) STUDY ON BUREAU OF INDIAN AFFAIRS ‘‘(A) IN GENERAL.—To carry out the activities ‘‘(i) The names of projects and activities car- ROAD SAFETY.—Not later than 2 years after the described in this subsection for Federal lands ried out by the entity under the tribal transpor- date of enactment of this Act, the Secretary, in transportation facilities, Federal lands access tation program during the preceding fiscal year. consultation with the Secretary of Interior, the transportation facilities, and other federally ‘‘(ii) A description of the projects and activi- Attorney General, States, and Indian tribes owned roads open to public travel (as that term ties identified under clause (i). shall— is defined in section 125(e)), the Secretary shall ‘‘(iii) The current status of the projects and (1) complete a study that identifies and evalu- for each fiscal year combine and use not greater activities identified under clause (i). ates options for improving safety on public than 5 percent of the funds authorized for pro- ‘‘(iv) An estimate of the number of jobs cre- roads on Indian reservations; and grams under sections 203 and 204. ated and the number of jobs retained by the (2) submit to the Committee on Environment ‘‘(B) OTHER ACTIVITIES.—In addition to the projects and activities identified under clause and Public Works and the Committee on Indian activities described in subparagraph (A), funds (i).’’. Affairs of the Senate and the Committee on described under that subparagraph may be used (b) REPORT ON TRIBAL GOVERNMENT TRANS- Transportation and Infrastructure and the for— PORTATION SAFETY DATA.— Committee on Natural Resources of the House of ‘‘(i) bridge inspections on any federally owned (1) FINDINGS.—Congress finds that— Representatives a report describing the results of bridge even if that bridge is not included on the (A) in many States, the Native American pop- the study. inventory described under section 203; and ulation is disproportionately represented in fa- SEC. 1118. TRIBAL TRANSPORTATION PROGRAM ‘‘(ii) transportation planning activities carried talities and crash statistics; AMENDMENT. out by Federal land management agencies eligi- (B) improved crash reporting by tribal law en- Section 202 of title 23, United States Code, is ble for funding under this chapter.’’. forcement agencies would facilitate safety plan- amended— SEC. 1121. TRIBAL TRANSPORTATION SELF-GOV- ning and would enable Indian tribes to apply (1) in subsection (a)(6) by striking ‘‘6 percent’’ ERNANCE PROGRAM. more successfully for State and Federal funds and inserting ‘‘5 percent’’; and (a) IN GENERAL.—Chapter 2 of title 23, United for safety improvements; (2) in subsection (d)(2) in the matter preceding States Code, is amended by inserting after sec- (C) the causes of underreporting of crashes on subparagraph (A) by striking ‘‘2 percent’’ and tion 206 the following: Indian reservations include— inserting ‘‘3 percent’’. (i) tribal law enforcement capacity, includ- SEC. 1119. FEDERAL LANDS TRANSPORTATION ‘‘§ 207. Tribal transportation self-governance ing— PROGRAM. program (I) staffing shortages and turnover; and Section 203 of title 23, United States Code, is ‘‘(a) ESTABLISHMENT.—Subject to the require- (II) lack of equipment, software, and training; amended— ments of this section, the Secretary shall estab- and (1) in subsection (a)(1)— lish and carry out a program to be known as the (ii) lack of standardization in crash reporting (A) in subparagraph (B) by striking ‘‘oper- tribal transportation self-governance program. forms and protocols; and ation’’ and inserting ‘‘capital, operations,’’; and The Secretary may delegate responsibilities for (D) without more accurate reporting of crash- (B) in subparagraph (D) by striking ‘‘sub- administration of the program as the Secretary es on Indian reservations, it is difficult or im- paragraph (A)(iv)’’ and inserting ‘‘subpara- determines appropriate. possible to fully understand the nature of the graph (A)(iv)(I)’’; ‘‘(b) ELIGIBILITY.—

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‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘(bb) the State shall transfer the funds back ‘‘(5) CONSENT OF INDIAN TRIBE REQUIRED.— and (3), an Indian tribe shall be eligible to par- to the Secretary and the Secretary shall transfer The Secretary shall not revise, amend, or require ticipate in the program if the Indian tribe re- the funds to the Indian tribe in accordance with additional terms in a new or subsequent funding quests participation in the program by resolu- this section. agreement without the consent of the Indian tion or other official action by the governing ‘‘(III) RESPONSIBILITY FOR TRANSFERRED tribe that is subject to the agreement unless body of the Indian tribe, and demonstrates, for FUNDS.—Notwithstanding any other provision of such terms are required by Federal law. the preceding 3 fiscal years, financial stability law, if a State provides funds described in sub- ‘‘(e) GENERAL PROVISIONS.— and financial management capability, and clause (I) to an Indian tribe— ‘‘(1) REDESIGN AND CONSOLIDATION.— transportation program management capability. ‘‘(aa) the State shall not be responsible for ‘‘(A) IN GENERAL.—An Indian tribe, in any ‘‘(2) CRITERIA FOR DETERMINING FINANCIAL constructing or maintaining a project carried manner that the Indian tribe considers to be in STABILITY AND FINANCIAL MANAGEMENT CAPAC- out using the funds or for administering or su- the best interest of the Indian community being ITY.—For the purposes of paragraph (1), evi- pervising the project or funds during the appli- served, may— dence that, during the preceding 3 fiscal years, cable statute of limitations period related to the ‘‘(i) redesign or consolidate programs, services, an Indian tribe had no uncorrected significant construction of the project; and functions, and activities (or portions thereof) in- and material audit exceptions in the required ‘‘(bb) the Indian tribe shall be responsible for cluded in a funding agreement; and ‘‘(ii) reallocate or redirect funds for such pro- annual audit of the Indian tribe’s self-deter- constructing and maintaining a project carried grams, services, functions, and activities (or por- mination contracts or self-governance funding out using the funds and for administering and supervising the project and funds in accordance tions thereof), if the funds are— agreements with any Federal agency shall be ‘‘(I) expended on projects identified in a with this section during the applicable statute conclusive evidence of the required financial transportation improvement program approved of limitations period related to the construction stability and financial management capability. by the Secretary; and ‘‘(3) CRITERIA FOR DETERMINING TRANSPOR- of the project. ‘‘(II) used in accordance with the require- TATION PROGRAM MANAGEMENT CAPABILITY.— ‘‘(B) ADMINISTRATION OF TRIBAL SHARES.— ments in— The Secretary shall require an Indian tribe to The tribal shares referred to in subparagraph ‘‘(aa) appropriations Acts; demonstrate transportation program manage- (A) shall be provided without regard to the ‘‘(bb) this title and chapter 53 of title 49; and ment capability, including the capability to agency or office of the Department within ‘‘(cc) any other applicable law. manage and complete projects eligible under this which the program, service, function, or activity ‘‘(B) EXCEPTION.—Notwithstanding subpara- title and projects eligible under chapter 53 of (or portion thereof) is performed. graph (A), if, pursuant to subsection (d), an In- title 49, to gain eligibility for the program. ‘‘(C) FLEXIBLE AND INNOVATIVE FINANCING.— dian tribe receives a discretionary or competitive ‘‘(c) COMPACTS.— ‘‘(i) IN GENERAL.—A funding agreement en- grant from the Secretary or receives State appor- ‘‘(1) COMPACT REQUIRED.—Upon the request of tered into with an Indian tribe under paragraph tioned funds, the Indian tribe shall use the an eligible Indian tribe, and subject to the re- (1) shall include provisions pertaining to flexible funds for the purpose for which the funds were quirements of this section, the Secretary shall and innovative financing if agreed upon by the originally authorized. negotiate and enter into a written compact with parties. ‘‘(2) RETROCESSION.— the Indian tribe for the purpose of providing for ‘‘(ii) TERMS AND CONDITIONS.— ‘‘(A) IN GENERAL.— the participation of the Indian tribe in the pro- ‘‘(I) AUTHORITY TO ISSUE REGULATIONS.—The ‘‘(i) AUTHORITY OF INDIAN TRIBES.—An Indian gram. Secretary may issue regulations to establish the tribe may retrocede (fully or partially) to the ‘‘(2) CONTENTS.—A compact entered into terms and conditions relating to the flexible and Secretary programs, services, functions, or ac- under paragraph (1) shall set forth the general innovative financing provisions referred to in tivities (or portions thereof) included in a com- terms of the government-to-government relation- clause (i). pact or funding agreement. ship between the Indian tribe and the United ‘‘(II) TERMS AND CONDITIONS IN ABSENCE OF ‘‘(ii) REASSUMPTION OF REMAINING FUNDS.— States under the program and other terms that REGULATIONS.—If the Secretary does not issue Following a retrocession described in clause (i), will continue to apply in future fiscal years. regulations under subclause (I), the terms and the Secretary may— ‘‘(3) AMENDMENTS.—A compact entered into conditions relating to the flexible and innova- ‘‘(I) reassume the remaining funding associ- with an Indian tribe under paragraph (1) may tive financing provisions referred to in clause (i) ated with the retroceded programs, functions, be amended only by mutual agreement of the In- shall be consistent with— services, and activities (or portions thereof) in- dian tribe and the Secretary. ‘‘(aa) agreements entered into by the Depart- cluded in the applicable compact or funding ‘‘(d) ANNUAL FUNDING AGREEMENTS.— ment under— agreement; ‘‘(1) FUNDING AGREEMENT REQUIRED.—After ‘‘(AA) section 202(b)(7); and ‘‘(II) out of such remaining funds, transfer entering into a compact with an Indian tribe ‘‘(BB) section 202(d)(5), as in effect before the funds associated with Department of Interior under subsection (c), the Secretary shall nego- date of enactment of MAP–21 (Public Law 112– programs, services, functions, or activities (or tiate and enter into a written annual funding 141); or portions thereof) to the Secretary of the Interior agreement with the Indian tribe. ‘‘(bb) regulations of the Department of the In- to carry out transportation services provided by ‘‘(2) CONTENTS.— terior relating to flexible financing contained in the Secretary of the Interior; and ‘‘(A) IN GENERAL.— part 170 of title 25, Code of Federal Regulations, ‘‘(III) distribute funds not transferred under ‘‘(i) FORMULA FUNDING AND DISCRETIONARY as in effect on the date of enactment of the subclause (II) in accordance with applicable GRANTS.—A funding agreement entered into FAST Act. law. ‘‘(iii) CORRECTION OF PROGRAMS.—If the Sec- with an Indian tribe shall authorize the Indian ‘‘(3) TERMS.—A funding agreement shall set retary makes a finding under subsection tribe, as determined by the Indian tribe, to plan, forth— conduct, consolidate, administer, and receive ‘‘(A) terms that generally identify the pro- (f)(2)(B) and no funds are available under sub- full tribal share funding, tribal transit formula grams, services, functions, and activities (or por- section (f)(2)(A)(ii), the Secretary shall not be funding, and funding to tribes from discre- tions thereof) to be performed or administered by required to provide additional funds to complete tionary and competitive grants administered by the Indian tribe; and or correct any programs, functions, services, or the Department for all programs, services, func- ‘‘(B) for items identified in subparagraph activities (or portions thereof). ‘‘(B) EFFECTIVE DATE.—Unless the Indian tions, and activities (or portions thereof) that (A)— tribe rescinds a request for retrocession, the ret- are made available to Indian tribes to carry out ‘‘(i) the general budget category assigned; rocession shall become effective within the time- tribal transportation programs and programs, ‘‘(ii) the funds to be provided, including those frame specified by the parties in the compact or services, functions, and activities (or portions funds to be provided on a recurring basis; funding agreement. In the absence of such a thereof) administered by the Secretary that are ‘‘(iii) the time and method of transfer of the specification, the retrocession shall become ef- otherwise available to Indian tribes. funds; fective on— ‘‘(ii) TRANSFERS OF STATE FUNDS.— ‘‘(iv) the responsibilities of the Secretary and ‘‘(i) the earlier of— ‘‘(I) INCLUSION OF TRANSFERRED FUNDS IN the Indian tribe; and ‘‘(I) 1 year after the date of submission of the FUNDING AGREEMENT.—A funding agreement en- ‘‘(v) any other provision agreed to by the In- request; or tered into with an Indian tribe shall include dian tribe and the Secretary. ‘‘(II) the date on which the funding agree- Federal-aid funds apportioned to a State under ‘‘(4) SUBSEQUENT FUNDING AGREEMENTS.— ment expires; or chapter 1 if the State elects to provide a portion ‘‘(A) APPLICABILITY OF EXISTING AGREE- ‘‘(ii) such date as may be mutually agreed of such funds to the Indian tribe for a project MENT.—Absent notification from an Indian tribe upon by the parties and, with respect to Depart- eligible under section 202(a). The provisions of that the Indian tribe is withdrawing from or ret- ment of the Interior programs, functions, serv- this section shall be in addition to the methods roceding the operation of 1 or more programs, ices, and activities (or portions thereof), the Sec- for making funding contributions described in services, functions, or activities (or portions retary of the Interior. section 202(a)(9). Nothing in this section shall thereof) identified in a funding agreement, or ‘‘(f) PROVISIONS RELATING TO SECRETARY.— diminish the authority of the Secretary to pro- unless otherwise agreed to by the parties, each ‘‘(1) DECISIONMAKER.—A decision that relates vide funds to an Indian tribe under section funding agreement shall remain in full force to an appeal of the rejection of a final offer by 202(a)(9). and effect until a subsequent funding agreement the Department shall be made either— ‘‘(II) METHOD FOR TRANSFERS.—If a State is executed. ‘‘(A) by an official of the Department who elects to provide funds described in subclause (I) ‘‘(B) EFFECTIVE DATE OF SUBSEQUENT AGREE- holds a position at a higher organizational level to an Indian tribe— MENT.—The terms of the subsequent funding within the Department than the level of the de- ‘‘(aa) the transfer may occur in accordance agreement shall be retroactive to the end of the partmental agency in which the decision that is with section 202(a)(9); or term of the preceding funding agreement. the subject of the appeal was made; or

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‘‘(B) by an administrative judge. Any claim by the Federal Government against ‘‘(l) APPLICABILITY OF INDIAN SELF-DETER- ‘‘(2) TERMINATION OF COMPACT OR FUNDING the Indian tribe relating to funds received under MINATION AND EDUCATION ASSISTANCE ACT.—Ex- AGREEMENT.— a funding agreement based on any audit con- cept to the extent in conflict with this section ‘‘(A) AUTHORITY TO TERMINATE.— ducted pursuant to this subsection shall be sub- (as determined by the Secretary), the following ‘‘(i) PROVISION TO BE INCLUDED IN COMPACT ject to the provisions of section 106(f) of that Act provisions of the Indian Self-Determination and OR FUNDING AGREEMENT.—A compact or funding (25 U.S.C. 450j–1(f)). Education Assistance Act shall apply to com- agreement shall include a provision authorizing ‘‘(h) TRANSFER OF FUNDS.—The Secretary pact and funding agreements (except that any the Secretary, if the Secretary makes a finding shall provide funds to an Indian tribe under a reference to the Secretary of the Interior or the described in subparagraph (B), to— funding agreement in an amount equal to— Secretary of Health and Human Services in such ‘‘(I) terminate the compact or funding agree- ‘‘(1) the sum of the funding that the Indian provisions shall be treated as a reference to the ment (or a portion thereof); and tribe would otherwise receive for the program, Secretary of Transportation): ‘‘(II) reassume the remaining funding associ- function, service, or activity in accordance with ‘‘(1) Subsections (a), (b), (d), (g), and (h) of ated with the reassumed programs, functions, a funding formula or other allocation method section 506 of such Act (25 U.S.C. 458aaa–5), re- services, and activities included in the compact established under this title or chapter 53 of title lating to general provisions. or funding agreement. 49; and ‘‘(2) Subsections (b) through (e) and (g) of sec- ‘‘(ii) TRANSFERS OF FUNDS.—Out of any funds ‘‘(2) such additional amounts as the Secretary tion 507 of such Act (25 U.S.C.458aaa–6), relat- reassumed under clause (i)(II), the Secretary determines equal the amounts that would have ing to provisions relating to the Secretary of may transfer the funds associated with Depart- been withheld for the costs of the Bureau of In- Health and Human Services. ment of the Interior programs, functions, serv- dian Affairs for administration of the program ‘‘(3) Subsections (a), (b), (d), (e), (g), (h), (i), ices, and activities (or portions thereof) to the or project. and (k) of section 508 of such Act (25 U.S.C. Secretary of the Interior to provide continued ‘‘(i) CONSTRUCTION PROGRAMS.— 458aaa–7), relating to transfer of funds. ‘‘(4) Section 510 of such Act (25 U.S.C. 458aaa- transportation services in accordance with ap- ‘‘(1) STANDARDS.—Construction projects car- plicable law. ried out under programs administered by an In- 9), relating to Federal procurement laws and regulations. ‘‘(B) FINDINGS RESULTING IN TERMINATION.— dian tribe with funds transferred to the Indian ‘‘(5) Section 511 of such Act (25 U.S.C. 458aaa– The finding referred to in subparagraph (A) is a tribe pursuant to a funding agreement entered 10), relating to civil actions. specific finding of— into under this section shall be constructed pur- ‘‘(6) Subsections (a)(1), (a)(2), and (c) through ‘‘(i) imminent jeopardy to a trust asset, nat- suant to the construction program standards set (f) of section 512 of such Act (25 U.S.C. 458aaa– ural resources, or public health and safety that forth in applicable regulations or as specifically 11), relating to facilitation, except that sub- is caused by an act or omission of the Indian approved by the Secretary (or the Secretary’s section (c)(1) of that section shall be applied by tribe and that arises out of a failure to carry out designee). substituting ‘transportation facilities and other the compact or funding agreement, as deter- ‘‘(2) MONITORING.—Construction programs facilities’ for ‘school buildings, hospitals, and mined by the Secretary; or shall be monitored by the Secretary in accord- other facilities’. ‘‘(ii) gross mismanagement with respect to ance with applicable regulations. ‘‘(7) Subsections (a) and (b) of section 515 of funds or programs transferred to the Indian ‘‘(j) FACILITATION.— such Act (25 U.S.C. 458aaa–14), relating to dis- tribe under the compact or funding agreement, ‘‘(1) SECRETARIAL INTERPRETATION.—Except claimers. as determined by the Secretary in consultation as otherwise provided by law, the Secretary ‘‘(8) Subsections (a) and (b) of section 516 of with the Inspector General of the Department, shall interpret all Federal laws, Executive or- such Act (25 U.S.C. 458aaa–15), relating to ap- as appropriate. ders, and regulations in a manner that will fa- plication of title I provisions. ‘‘(C) PROHIBITION.—The Secretary shall not cilitate— ‘‘(9) Section 518 of such Act (25 U.S.C. 458aaa– terminate a compact or funding agreement (or ‘‘(A) the inclusion of programs, services, func- 17), relating to appeals. portion thereof) unless— tions, and activities (or portions thereof) and ‘‘(m) DEFINITIONS.— ‘‘(i) the Secretary has first provided written funds associated therewith, in compacts and ‘‘(1) IN GENERAL.—In this section, the fol- notice and a hearing on the record to the Indian funding agreements; and lowing definitions apply (except as otherwise ex- tribe that is subject to the compact or funding ‘‘(B) the implementation of the compacts and pressly provided): agreement; and funding agreements. ‘‘(A) COMPACT.—The term ‘compact’ means a ‘‘(ii) the Indian tribe has not taken corrective ‘‘(2) REGULATION WAIVER.— compact between the Secretary and an Indian action to remedy the mismanagement of funds or ‘‘(A) IN GENERAL.—An Indian tribe may sub- tribe entered into under subsection (c). programs or the imminent jeopardy to a trust mit to the Secretary a written request to waive ‘‘(B) DEPARTMENT.—The term ‘Department’ asset, natural resource, or public health and application of a regulation promulgated under means the Department of Transportation. safety. this section with respect to a compact or fund- ‘‘(C) ELIGIBLE INDIAN TRIBE.—The term ‘eligi- ‘‘(D) EXCEPTION.— ing agreement. The request shall identify the ble Indian tribe’ means an Indian tribe that is ‘‘(i) IN GENERAL.—Notwithstanding subpara- regulation sought to be waived and the basis for eligible to participate in the program, as deter- mined under subsection (b). graph (C), the Secretary, upon written notifica- the request. ‘‘(D) FUNDING AGREEMENT.—The term ‘fund- tion to an Indian tribe that is subject to a com- ‘‘(B) APPROVALS AND DENIALS.— ing agreement’ means a funding agreement be- pact or funding agreement, may immediately ‘‘(i) IN GENERAL.—Not later than 90 days after tween the Secretary and an Indian tribe entered terminate the compact or funding agreement (or the date of receipt of a written request under into under subsection (d). portion thereof) if— subparagraph (A), the Secretary shall approve ‘‘(E) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘(I) the Secretary makes a finding of immi- or deny the request in writing. means any Indian or Alaska Native tribe, band, nent substantial and irreparable jeopardy to a ‘‘(ii) REVIEW.—The Secretary shall review any nation, pueblo, village, or community that is trust asset, natural resource, or public health application by an Indian tribe for a waiver recognized as eligible for the special programs and safety; and bearing in mind increasing opportunities for and services provided by the United States to ‘‘(II) the jeopardy arises out of a failure to using flexible policy approaches at the Indian Indians because of their status as Indians. In carry out the compact or funding agreement. tribal level. any case in which an Indian tribe has author- ‘‘(ii) HEARINGS.—If the Secretary terminates a ‘‘(iii) DEEMED APPROVAL.—If the Secretary ized another Indian tribe, an intertribal consor- compact or funding agreement (or portion there- does not approve or deny a request submitted tium, or a tribal organization to plan for or of) under clause (i), the Secretary shall provide under subparagraph (A) on or before the last carry out programs, services, functions, or ac- the Indian tribe subject to the compact or agree- day of the 90-day period referred to in clause (i), tivities (or portions thereof) on its behalf under ment with a hearing on the record not later the request shall be deemed approved. this section, the authorized Indian tribe, inter- than 10 days after the date of such termination. ‘‘(iv) DENIALS.—If the application for a waiv- tribal consortium, or tribal organization shall ‘‘(E) BURDEN OF PROOF.—In any hearing or er is not granted, the agency shall provide the have the rights and responsibilities of the au- appeal involving a decision to terminate a com- applicant with the reasons for the denial as part thorizing Indian tribe (except as otherwise pro- pact or funding agreement (or portion thereof) of the written response required in clause (i). vided in the authorizing resolution or in this under this paragraph, the Secretary shall have ‘‘(v) FINALITY OF DECISIONS.—A decision by title). In such event, the term ‘Indian tribe’ as the burden of proof in demonstrating by clear the Secretary under this subparagraph shall be used in this section shall include such other au- and convincing evidence the validity of the final for the Department. thorized Indian tribe, intertribal consortium, or grounds for the termination. ‘‘(k) DISCLAIMERS.— tribal organization. ‘‘(g) COST PRINCIPLES.—In administering ‘‘(1) EXISTING AUTHORITY.—Notwithstanding ‘‘(F) PROGRAM.—The term ‘program’ means funds received under this section, an Indian any other provision of law, upon the election of the tribal transportation self-governance pro- tribe shall apply cost principles under the appli- an Indian tribe, the Secretary shall— gram established under this section. cable Office of Management and Budget cir- ‘‘(A) maintain current tribal transportation ‘‘(G) SECRETARY.—The term ‘Secretary’ means cular, except as modified by section 106 of the program funding agreements and program the Secretary of Transportation. Indian Self-Determination and Education As- agreements; or ‘‘(H) TRANSPORTATION PROGRAMS.—The term sistance Act (25 U.S.C. 450j–1), other provisions ‘‘(B) enter into new agreements under the au- ‘transportation programs’ means all programs of law, or by any exemptions to applicable Of- thority of section 202(b)(7). administered or financed by the Department fice of Management and Budget circulars subse- ‘‘(2) LIMITATION ON STATUTORY CONSTRUC- under this title and chapter 53 of title 49. quently granted by the Office of Management TION.—Nothing in this section may be construed ‘‘(2) APPLICABILITY OF OTHER DEFINITIONS.— and Budget. No other audit or accounting to impair or diminish the authority of the Sec- In this section, the definitions set forth in sec- standards shall be required by the Secretary. retary under section 202(b)(7). tions 4 and 505 of the Indian Self-Determination

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8695 and Education Assistance Act (25 U.S.C. 450b; (3) in the case of a State that requests the (A) a record of decision with respect to the 458aaa) apply, except as otherwise expressly withdrawal of reclassified roads from the Na- project; provided in this section. tional Highway System under section 103(b)(3) (B) a finding that the project has no signifi- ‘‘(n) REGULATIONS.— of title 23, United States Code, to carry out that cant impact; or ‘‘(1) IN GENERAL.— withdrawal if the inclusion of the reclassified (C) a determination that the project is cat- ‘‘(A) PROMULGATION.—Not later than 90 days road in the National Highway System is not egorically excluded; and after the date of enactment of the FAST Act, the consistent with the needs and priorities of the (3) having an estimated cost, based on the re- Secretary shall initiate procedures under sub- community or region in which the reclassified sults of preliminary engineering, equal to or ex- chapter III of chapter 5 of title 5 to negotiate road is located. ceeding $25,000,000, with priority consideration and promulgate such regulations as are nec- (c) NATIONAL HIGHWAY SYSTEM MODIFICATION given to projects with an estimated cost equal to essary to carry out this section. REGULATIONS.—The Secretary shall— or exceeding $50,000,000. UBLICATION OF PROPOSED REGULA ‘‘(B) P - (1) review the National Highway System modi- (d) ELIGIBLE ACTIVITIES.— TIONS.—Proposed regulations to implement this fication process described in appendix D of part (1) IN GENERAL.—Subject to paragraph (2), an section shall be published in the Federal Reg- 470 of title 23, Code of Federal Regulations (or eligible applicant receiving funds under the pro- ister by the Secretary not later than 21 months successor regulations); and gram may only use the funds for construction, after such date of enactment. (2) take any action necessary to ensure that a reconstruction, and rehabilitation activities. ‘‘(C) EXPIRATION OF AUTHORITY.—The author- State may submit to the Secretary a request to (2) INELIGIBLE ACTIVITIES.—An eligible appli- ity to promulgate regulations under subpara- modify the National Highway System by with- cant may not use funds received under the pro- graph (A) shall expire 30 months after such date drawing a road from the National Highway Sys- gram for activities relating to project design. of enactment. tem. (e) APPLICATIONS.—Eligible applicants shall ‘‘(D) EXTENSION OF DEADLINES.—A deadline (d) REPORT TO CONGRESS.—Not later than 1 submit to the Secretary an application at such set forth in subparagraph (B) or (C) may be ex- year after the date of enactment of this Act, and time, in such form, and containing such infor- tended up to 180 days if the negotiated rule- annually thereafter, the Secretary shall submit mation as the Secretary may require. making committee referred to in paragraph (2) to the Committee on Environment and Public (f) SELECTION CRITERIA.—In selecting a concludes that the committee cannot meet the Works of the Senate and the Committee on project to receive funds under the program, the deadline and the Secretary so notifies the ap- Transportation and Infrastructure of the House Secretary shall consider the extent to which the propriate committees of Congress. of Representatives a report that includes a de- ‘‘(2) COMMITTEE.— project— ‘‘(A) IN GENERAL.—A negotiated rulemaking scription of— (1) furthers the goals of the Department, in- committee established pursuant to section 565 of (1) each request for reclassification of Na- cluding state of good repair, economic competi- title 5 to carry out this subsection shall have as tional Highway System roads; tiveness, quality of life, and safety; its members only Federal and tribal government (2) the status of each request; and (2) improves the condition of critical transpor- representatives, a majority of whom shall be (3) if applicable, the justification for the de- tation facilities, including multimodal facilities; nominated by and be representatives of Indian nial by the Secretary of a request. (3) needs construction, reconstruction, or re- (e) MODIFICATIONS TO THE NATIONAL HIGHWAY tribes with funding agreements under this title. habilitation; YSTEM ‘‘(B) REQUIREMENTS.—The committee shall S .—Section 103(b)(3)(A) of title 23, United (4) has costs matched by funds that are not confer with, and accommodate participation by, States Code, is amended— provided under this section, with projects with a representatives of Indian tribes, inter-tribal con- (1) in the matter preceding clause (i)— greater percentage of other sources of matching (A) by striking ‘‘, including any modification sortia, tribal organizations, and individual trib- funds ranked ahead of lesser matches; consisting of a connector to a major intermodal al members. (5) is included in or eligible for inclusion in ‘‘(C) ADAPTATION OF PROCEDURES.—The Sec- terminal,’’; and the National Register of Historic Places; retary shall adapt the negotiated rulemaking (B) by inserting ‘‘, including any modification (6) uses new technologies and innovations procedures to the unique context of self-govern- consisting of a connector to a major intermodal that enhance the efficiency of the project; ance and the government-to-government rela- terminal or the withdrawal of a road from that (7) is supported by funds, other than the tionship between the United States and Indian system,’’ after ‘‘the National Highway System’’; funds received under the program, to construct, tribes. and maintain, and operate the facility; ‘‘(3) EFFECT.—The lack of promulgated regu- (2) in clause (ii)— (8) spans 2 or more States; and lations shall not limit the effect of this section. (A) by striking ‘‘(ii) enhances’’ and inserting (9) serves land owned by multiple Federal ‘‘(4) EFFECT OF CIRCULARS, POLICIES, MANU- ‘‘(ii)(I) enhances’’; agencies or Indian tribes. ALS, GUIDANCE, AND RULES.—Unless expressly (B) by striking the period at the end and in- (g) FEDERAL SHARE.— agreed to by the participating Indian tribe in serting ‘‘; or’’; and (1) IN GENERAL.—The Federal share of the cost the compact or funding agreement, the partici- (C) by adding at the end the following: of a project shall be up to 90 percent. pating Indian tribe shall not be subject to any ‘‘(II) in the case of the withdrawal of a road, (2) NON-FEDERAL SHARE.—Notwithstanding agency circular, policy, manual, guidance, or is reasonable and appropriate.’’. any other provision of law, any Federal funds rule adopted by the Department, except regula- SEC. 1123. NATIONALLY SIGNIFICANT FEDERAL other than those made available under title 23 tions promulgated under this section.’’. LANDS AND TRIBAL PROJECTS PRO- or title 49, United States Code, may be used to (b) CLERICAL AMENDMENT.—The analysis for GRAM. pay the non-Federal share of the cost of a chapter 2 of title 23, United States Code, is (a) PURPOSE.—The Secretary shall establish a project carried out under this section. amended by inserting after the item relating to nationally significant Federal lands and tribal (h) AUTHORIZATION OF APPROPRIATIONS.— section 206 the following: projects program (referred to in this section as There is authorized to be appropriated to carry ‘‘207. Tribal transportation self-governance pro- the ‘‘program’’) to provide funding to construct, out this section $100,000,000 for each of fiscal gram.’’. reconstruct, or rehabilitate nationally signifi- years 2016 through 2020. Such sums shall remain cant Federal lands and tribal transportation SEC. 1122. STATE FLEXIBILITY FOR NATIONAL available for a period of 3 fiscal years following HIGHWAY SYSTEM MODIFICATIONS. projects. the fiscal year for which the amounts are appro- LIGIBLE PPLICANTS (a) NATIONAL HIGHWAY SYSTEM FLEXI- (b) E A .— priated. (1) IN GENERAL.—Except as provided in para- BILITY.—Not later than 90 days after the date of graph (2), entities eligible to receive funds under Subtitle B—Planning and Performance enactment of this Act, the Secretary shall issue Management guidance relating to working with State depart- sections 201, 202, 203, and 204 of title 23, United ments of transportation that request assistance States Code, may apply for funding under the SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. from the division offices of the Federal Highway program. Section 134 of title 23, United States Code, is Administration— (2) SPECIAL RULE.—A State, county, or unit of (1) to review roads classified as principal arte- local government may only apply for funding amended— rials in the State that were added to the Na- under the program if sponsored by an eligible (1) in subsection (a)(1)— tional Highway System as of October 1, 2012, so Federal land management agency or Indian (A) by striking ‘‘people and freight and’’ and as to comply with section 103 of title 23, United tribe. inserting ‘‘people and freight,’’ and States Code; and (c) ELIGIBLE PROJECTS.—An eligible project (B) by inserting ‘‘and take into consideration (2) to identify any necessary functional classi- under the program shall be a single continuous resiliency needs’’ after ‘‘urbanized areas,’’; fication changes to rural and urban principal project— (2) in subsection (c)(2) by striking ‘‘and bicy- arterials. (1) on a Federal lands transportation facility, cle transportation facilities’’ and inserting ‘‘, bi- (b) ADMINISTRATIVE ACTIONS.—The Secretary a Federal lands access transportation facility, cycle transportation facilities, and intermodal shall direct the division offices of the Federal or a tribal transportation facility (as those terms facilities that support intercity transportation, Highway Administration to work with the appli- are defined in section 101 of title 23, United including intercity buses and intercity bus fa- cable State department of transportation that States Code), except that such facility is not re- cilities and commuter vanpool providers’’; requests assistance under this section— quired to be included in an inventory described (3) in subsection (d)— (1) to assist in the review of roads in accord- in section 202 or 203 of such title; (A) by redesignating paragraphs (3) through ance with guidance issued under subsection (a); (2) for which completion of activities required (6) as paragraphs (4) through (7), respectively; (2) to expeditiously review and facilitate re- under the National Environmental Policy Act of (B) by inserting after paragraph (2) the fol- quests from States to reclassify roads classified 1969 (42 U.S.C. 4321 et seq.) has been dem- lowing: as principal arterials; and onstrated through— ‘‘(3) REPRESENTATION.—

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‘‘(A) IN GENERAL.—Designation or selection of ‘‘(i) develop regional goals to reduce vehicle (A) in paragraph (1)— officials or representatives under paragraph (2) miles traveled during peak commuting hours (i) in subparagraph (G) by striking ‘‘and’’ at shall be determined by the metropolitan plan- and improve transportation connections between the end; ning organization according to the bylaws or areas with high job concentration and areas (ii) in subparagraph (H) by striking the period enabling statute of the organization. with high concentrations of low-income house- at the end and inserting a semicolon; and ‘‘(B) PUBLIC TRANSPORTATION REPRESENTA- holds; (iii) by adding at the end the following: TIVE.—Subject to the bylaws or enabling statute ‘‘(ii) identify existing public transportation ‘‘(I) improve the resiliency and reliability of of the metropolitan planning organization, a services, employer-based commuter programs, the transportation system and reduce or miti- representative of a provider of public transpor- and other existing transportation services that gate stormwater impacts of surface transpor- tation may also serve as a representative of a support access to jobs in the region; and tation; and ‘‘(J) enhance travel and tourism.’’; and local municipality. ‘‘(iii) identify proposed projects and programs (B) in paragraph (2)— ‘‘(C) POWERS OF CERTAIN OFFICIALS.—An offi- to reduce congestion and increase job access op- (i) in subparagraph (A) by striking ‘‘and in cial described in paragraph (2)(B) shall have re- portunities. section 5301(c) of title 49’’ and inserting ‘‘and sponsibilities, actions, duties, voting rights, and ‘‘(D) PARTICIPATION.—In developing the plan the general purposes described in section 5301 of any other authority commensurate with other under subparagraph (C), a metropolitan plan- title 49’’; officials described in paragraph (2).’’; and ning organization shall consult with employers, (ii) in subparagraph (B)(ii) by striking ‘‘ur- (C) in paragraph (5) as so redesignated by private and nonprofit providers of public trans- banized’’; and striking ‘‘paragraph (5)’’ and inserting ‘‘para- portation, transportation management organiza- (iii) in subparagraph (C) by striking ‘‘urban- graph (6)’’; tions, and organizations that provide job access ized’’; (4) in subsection (e)(4)(B) by striking ‘‘sub- reverse commute projects or job-related services (3) in subsection (f)— section (d)(5)’’ and inserting ‘‘subsection to low-income individuals.’’; (A) in paragraph (3)(A)(ii)— (d)(6)’’; (9) in subsection (l)— (i) by inserting ‘‘public ports,’’ before ‘‘freight (5) in subsection (g)(3)(A) by inserting ‘‘tour- (A) by adding a period at the end of para- shippers,’’; and ism, natural disaster risk reduction,’’ after ‘‘eco- graph (1); and (ii) by inserting ‘‘(including intercity bus op- nomic development,’’; (B) in paragraph (2)(D) by striking ‘‘of less erators, employer-based commuting programs, (6) in subsection (h)— than 200,000’’ and inserting ‘‘with a population such as a carpool program, vanpool program, (A) in paragraph (1)— of 200,000 or less’’; transit benefit program, parking cash-out pro- (i) in subparagraph (G) by striking ‘‘and’’ at (10) in subsection (n)(1) by inserting ‘‘49’’ gram, shuttle program, or telework program)’’ the end; after ‘‘chapter 53 of title’’; after ‘‘private providers of transportation’’; and (ii) in subparagraph (H) by striking the period (11) in subsection (p) by striking ‘‘Funds set (B) in paragraph (7), in the matter preceding at the end and inserting a semicolon; and aside under section 104(f)’’ and inserting subparagraph (A), by striking ‘‘should’’ and in- (iii) by adding at the end the following: ‘‘Funds apportioned under paragraphs (5)(D) serting ‘‘shall’’; and ‘‘(I) improve the resiliency and reliability of and (6) of section 104(b)’’; and (C) in paragraph (8), by inserting ‘‘, including the transportation system and reduce or miti- (12) by adding at the end the following: consideration of the role that intercity buses gate stormwater impacts of surface transpor- ‘‘(r) BI-STATE METROPOLITAN PLANNING OR- may play in reducing congestion, pollution, and tation; and GANIZATION.— energy consumption in a cost-effective manner ‘‘(J) enhance travel and tourism.’’; and ‘‘(1) DEFINITION OF BI-STATE MPO REGION.—In and strategies and investments that preserve (B) in paragraph (2)(A) by striking ‘‘and in this subsection, the term ‘Bi-State MPO Region’ and enhance intercity bus systems, including section 5301(c) of title 49’’ and inserting ‘‘and has the meaning given the term ‘region’ in sub- systems that are privately owned and operated’’ the general purposes described in section 5301 of section (a) of Article II of the Lake Tahoe Re- before the period at the end; and title 49’’; gional Planning Compact (Public Law 96–551; 94 (4) in subsection (g)(3)— (7) in subsection (i)— Stat. 3234). (A) by inserting ‘‘public ports,’’ before (A) in paragraph (2)— ‘‘(2) TREATMENT.—For the purpose of this ‘‘freight shippers’’; and (i) in subparagraph (A)(i) by striking ‘‘tran- title, the Bi-State MPO Region shall be treated (B) by inserting ‘‘(including intercity bus op- sit,’’ and inserting ‘‘public transportation facili- as— erators),’’ after ‘‘private providers of transpor- ties, intercity bus facilities,’’; ‘‘(A) a metropolitan planning organization; tation’’. (ii) in subparagraph (G)— ‘‘(B) a transportation management area under Subtitle C—Acceleration of Project Delivery (I) by striking ‘‘and provide’’ and inserting ‘‘, subsection (k); and SEC. 1301. SATISFACTION OF REQUIREMENTS provide’’; and ‘‘(C) an urbanized area, which is comprised of FOR CERTAIN HISTORIC SITES. (II) by inserting ‘‘, and reduce the vulner- a population of 145,000 in the State of California (a) HIGHWAYS.—Section 138 of title 23, United ability of the existing transportation infrastruc- and a population of 65,000 in the State of Ne- States Code, is amended by adding at the end ture to natural disasters’’ before the period at vada. the following: the end; and ‘‘(3) SUBALLOCATED FUNDING.— ‘‘(c) SATISFACTION OF REQUIREMENTS FOR (iii) in subparagraph (H) by inserting ‘‘includ- ‘‘(A) PLANNING.—In determining the amounts CERTAIN HISTORIC SITES.— ing consideration of the role that intercity buses under subparagraph (A) of section 133(d)(1) that ‘‘(1) IN GENERAL.—The Secretary shall— may play in reducing congestion, pollution, and shall be obligated for a fiscal year in the States ‘‘(A) align, to the maximum extent prac- energy consumption in a cost-effective manner of California and Nevada under clauses (i), (ii), ticable, with the requirements of the National and strategies and investments that preserve and (iii) of that subparagraph, the Secretary Environmental Policy Act of 1969 (42 U.S.C. 4321 and enhance intercity bus systems, including shall, for each of those States— et seq.) and section 306108 of title 54, including systems that are privately owned and operated’’ ‘‘(i) calculate the population under each of implementing regulations; and ‘‘(B) not later than 90 days after the date of before the period at the end; those clauses; (B) in paragraph (6)(A)— ‘‘(ii) decrease the amount under section enactment of this subsection, coordinate with (i) by inserting ‘‘public ports,’’ before ‘‘freight 133(d)(1)(A)(iii) by the population specified in the Secretary of the Interior and the Executive shippers,’’; and paragraph (2) of this subsection for the Bi-State Director of the Advisory Council on Historic (ii) by inserting ‘‘(including intercity bus op- MPO Region in that State; and Preservation (referred to in this subsection as erators, employer-based commuting programs, ‘‘(iii) increase the amount under section the ‘Council’) to establish procedures to satisfy such as a carpool program, vanpool program, 133(d)(1)(A)(i) by the population specified in the requirements described in subparagraph (A) transit benefit program, parking cash-out pro- paragraph (2) of this subsection for the Bi-State (including regulations). ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— gram, shuttle program, or telework program)’’ MPO Region in that State. ‘‘(A) IN GENERAL.—If, in an analysis required ‘‘(B) STBGP SET ASIDE.—In determining the after ‘‘private providers of transportation’’; and under the National Environmental Policy Act of (C) in paragraph (8) by striking ‘‘paragraph amounts under paragraph (2) of section 133(h) 1969 (42 U.S.C. 4321 et seq.), the Secretary deter- (2)(C)’’ and inserting ‘‘paragraph (2)(E)’’ each that shall be obligated for a fiscal year in the mines that there is no feasible or prudent alter- place it appears; States of California and Nevada, the Secretary native to avoid use of a historic site, the Sec- (8) in subsection (k)(3)— shall, for the purpose of that subsection, cal- culate the populations for each of those States retary may— (A) in subparagraph (A) by inserting ‘‘(in- ‘‘(i) include the determination of the Secretary in a manner consistent with subparagraph cluding intercity bus operators, employer-based in the analysis required under that Act; commuting programs such as a carpool program, (A).’’. ‘‘(ii) provide a notice of the determination to— vanpool program, transit benefit program, park- SEC. 1202. STATEWIDE AND NONMETROPOLITAN ‘‘(I) each applicable State historic preserva- ing cash-out program, shuttle program, or TRANSPORTATION PLANNING. tion officer and tribal historic preservation offi- telework program), job access projects,’’ after Section 135 of title 23, United States Code, is cer; ‘‘reduction’’; and amended— ‘‘(II) the Council, if the Council is partici- (B) by adding at the end the following: (1) in subsection (a)(2) by striking ‘‘and bicy- pating in the consultation process under section ‘‘(C) CONGESTION MANAGEMENT PLAN.—A met- cle transportation facilities’’ and inserting, ‘‘, 306108 of title 54; and ropolitan planning organization serving a trans- bicycle transportation facilities, and intermodal ‘‘(III) the Secretary of the Interior; and portation management area may develop a plan facilities that support intercity transportation, ‘‘(iii) request from the applicable preservation that includes projects and strategies that will be including intercity buses and intercity bus fa- officer, the Council, and the Secretary of the In- considered in the TIP of such metropolitan cilities and commuter van pool providers’’; terior a concurrence that the determination is planning organization. Such plan shall— (2) in subsection (d)— sufficient to satisfy subsection (a)(1).

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‘‘(B) CONCURRENCE.—If the applicable preser- ‘‘(ii) be posted on an appropriate Federal (1) by striking paragraph (5) and inserting the vation officer, the Council, and the Secretary of website by not later than 3 days after the date following: the Interior each provide a concurrence re- of receipt by the Secretary of all concurrences ‘‘(5) MULTIMODAL PROJECT.—The term quested under subparagraph (A)(iii), no further requested under subparagraph (A)(iii). ‘multimodal project’ means a project that re- analysis under subsection (a)(1) shall be re- ‘‘(3) ALIGNING HISTORICAL REVIEWS.— quires the approval of more than 1 Department quired. ‘‘(A) IN GENERAL.—If the Secretary, the appli- of Transportation operating administration or ‘‘(C) PUBLICATION.—A notice of a determina- cable preservation officer, the Council, and the secretarial office.’’; and tion, together with each relevant concurrence to Secretary of the Interior concur that no feasible (2) by striking paragraph (6) and inserting the that determination, under subparagraph (A) and prudent alternative exists as described in following: shall— paragraph (2), the Secretary may provide to the ‘‘(6) PROJECT.— ‘‘(i) be included in the record of decision or applicable preservation officer, the Council, and ‘‘(A) IN GENERAL.—The term ‘project’ means finding of no significant impact of the Sec- the Secretary of the Interior notice of the intent any highway project, public transportation cap- retary; and of the Secretary to satisfy subsection (c)(2) ital project, or multimodal project that, if imple- ‘‘(ii) be posted on an appropriate Federal through the consultation requirements of section mented as proposed by the project sponsor, website by not later than 3 days after the date 306108 of title 54. would require approval by any operating ad- of receipt by the Secretary of all concurrences ‘‘(B) SATISFACTION OF CONDITIONS.—To satisfy ministration or secretarial office within the De- requested under subparagraph (A)(iii). subsection (c)(2), the applicable preservation of- partment of Transportation. ‘‘(3) ALIGNING HISTORICAL REVIEWS.— ficer, the Council, and the Secretary of the Inte- ‘‘(B) CONSIDERATIONS.—In determining ‘‘(A) IN GENERAL.—If the Secretary, the appli- rior shall concur in the treatment of the appli- whether a project is a project under subpara- cable preservation officer, the Council, and the cable historic site described in the memorandum graph (A), the Secretary shall take into ac- Secretary of the Interior concur that no feasible of agreement or programmatic agreement devel- count, if known, any sources of Federal funding and prudent alternative exists as described in oped under section 306108 of title 54.’’. or financing identified by the project sponsor, paragraph (2), the Secretary may provide to the SEC. 1302. CLARIFICATION OF TRANSPORTATION including any discretionary grant, loan, and applicable preservation officer, the Council, and ENVIRONMENTAL AUTHORITIES. loan guarantee programs administered by the the Secretary of the Interior notice of the intent (a) TITLE 23 AMENDMENT.—Section 138 of title Department of Transportation.’’. of the Secretary to satisfy subsection (a)(2) 23, United States Code, as amended by section (b) APPLICABILITY.—Section 139(b)(3) of title through the consultation requirements of section 1301, is amended by adding at the end the fol- 23, United States Code, is amended— 306108 of title 54. lowing: (1) in subparagraph (A) in the matter pre- ‘‘(B) SATISFACTION OF CONDITIONS.—To satisfy ‘‘(d) REFERENCES TO PAST TRANSPORTATION ceding clause (i) by striking ‘‘initiate a rule- subsection (a)(2), each individual described in ENVIRONMENTAL AUTHORITIES.— making to’’; and paragraph (2)(A)(ii) shall concur in the treat- ‘‘(1) SECTION 4(F) REQUIREMENTS.—The re- (2) by striking subparagraph (B) and inserting ment of the applicable historic site described in quirements of this section are commonly referred the following: the memorandum of agreement or programmatic to as section 4(f) requirements (see section 4(f) of ‘‘(B) REQUIREMENTS.—In carrying out sub- agreement developed under section 306108 of the Department of Transportation Act (Public paragraph (A), the Secretary shall ensure that title 54.’’. Law 89–670; 80 Stat. 934) as in effect before the programmatic reviews— (b) PUBLIC TRANSPORTATION.—Section 303 of repeal of that section). ‘‘(i) promote transparency, including the title 49, United States Code, is amended by add- ‘‘(2) SECTION 106 REQUIREMENTS.—The require- transparency of— ing at the end the following: ments of section 306108 of title 54 are commonly ‘‘(I) the analyses and data used in the envi- ‘‘(e) SATISFACTION OF REQUIREMENTS FOR referred to as section 106 requirements (see sec- ronmental reviews; CERTAIN HISTORIC SITES.— tion 106 of the National Historic Preservation ‘‘(II) the treatment of any deferred issues ‘‘(1) IN GENERAL.—The Secretary shall— Act of 1966 (Public Law 89–665; 80 Stat. 917) as raised by agencies or the public; and ‘‘(A) align, to the maximum extent prac- in effect before the repeal of that section).’’. ‘‘(III) the temporal and spatial scales to be ticable, the requirements of this section with the (b) TITLE 49 AMENDMENT.—Section 303 of title used to analyze issues under subclauses (I) and requirements of the National Environmental 49, United States Code, as amended by section (II); Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 1301, is amended by adding at the end the fol- ‘‘(ii) use accurate and timely information, in- section 306108 of title 54, including implementing lowing: cluding through establishment of— regulations; and ‘‘(f) REFERENCES TO PAST TRANSPORTATION ‘‘(I) criteria for determining the general dura- ‘‘(B) not later than 90 days after the date of ENVIRONMENTAL AUTHORITIES.— tion of the usefulness of the review; and enactment of this subsection, coordinate with ‘‘(1) SECTION 4(F) REQUIREMENTS.—The re- ‘‘(II) a timeline for updating an out-of-date the Secretary of the Interior and the Executive quirements of this section are commonly referred review; Director of the Advisory Council on Historic to as section 4(f) requirements (see section 4(f) of ‘‘(iii) describe— Preservation (referred to in this subsection as the Department of Transportation Act (Public ‘‘(I) the relationship between any pro- the ‘Council’) to establish procedures to satisfy Law 89–670; 80 Stat. 934) as in effect before the grammatic analysis and future tiered analysis; the requirements described in subparagraph (A) repeal of that section). and (including regulations). ‘‘(2) SECTION 106 REQUIREMENTS.—The require- ‘‘(II) the role of the public in the creation of ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— ments of section 306108 of title 54 are commonly future tiered analysis; ‘‘(A) IN GENERAL.—If, in an analysis required referred to as section 106 requirements (see sec- under the National Environmental Policy Act of ‘‘(iv) are available to other relevant Federal tion 106 of the National Historic Preservation 1969 (42 U.S.C. 4321 et seq.), the Secretary deter- and State agencies, Indian tribes, and the pub- Act of 1966 (Public Law 89–665; 80 Stat. 917) as mines that there is no feasible or prudent alter- lic; and in effect before the repeal of that section).’’. ‘‘(v) provide notice and public comment oppor- native to avoid use of a historic site, the Sec- tunities consistent with applicable require- retary may— SEC. 1303. TREATMENT OF CERTAIN BRIDGES ‘‘(i) include the determination of the Secretary UNDER PRESERVATION REQUIRE- ments.’’. MENTS. in the analysis required under that Act; (c) FEDERAL LEAD AGENCY.—Section 139(c) of ‘‘(ii) provide a notice of the determination to— (a) PRESERVATION OF PARKLANDS.—Section title 23, United States Code, is amended— ‘‘(I) each applicable State historic preserva- 138 of title 23, United States Code, as amended (1) in paragraph (1)(A) by inserting ‘‘, or an tion officer and tribal historic preservation offi- by section 1302, is amended by adding at the end operating administration thereof designated by cer; the following: the Secretary,’’ after ‘‘Department of Transpor- ‘‘(II) the Council, if the Council is partici- ‘‘(e) BRIDGE EXEMPTION FROM CONSIDER- tation’’; and pating in the consultation process under section ATION.—A common post-1945 concrete or steel (2) in paragraph (6)— 306108 of title 54; and bridge or culvert (as described in 77 Fed. Reg. (A) in subparagraph (A) by striking ‘‘and’’ at ‘‘(III) the Secretary of the Interior; and 68790) that is exempt from individual review the end; ‘‘(iii) request from the applicable preservation under section 306108 of title 54 shall be exempt (B) in subparagraph (B) by striking the period officer, the Council, and the Secretary of the In- from consideration under this section.’’. at the end and inserting ‘‘; and’’; and terior a concurrence that the determination is (b) POLICY ON LANDS, WILDLIFE AND WATER- (C) by adding at the end the following: sufficient to satisfy subsection (c)(1). FOWL REFUGES, AND HISTORIC SITES.—Section ‘‘(C) to consider and respond to comments re- ‘‘(B) CONCURRENCE.—If the applicable preser- 303 of title 49, United States Code, as amended ceived from participating agencies on matters vation officer, the Council, and the Secretary of by section 1302, is amended by adding at the end within the special expertise or jurisdiction of the Interior each provide a concurrence re- the following: those agencies.’’. quested under subparagraph (A)(iii), no further ‘‘(g) BRIDGE EXEMPTION FROM CONSIDER- (d) PARTICIPATING AGENCIES.— analysis under subsection (c)(1) shall be re- ATION.—A common post-1945 concrete or steel (1) INVITATION.—Section 139(d)(2) of title 23, quired. bridge or culvert (as described in 77 Fed. Reg. United States Code, is amended by striking ‘‘(C) PUBLICATION.—A notice of a determina- 68790) that is exempt from individual review ‘‘The lead agency shall identify, as early as tion, together with each relevant concurrence to under section 306108 of title 54 shall be exempt practicable in the environmental review process that determination, under subparagraph (A) from consideration under this section.’’. for a project,’’ and inserting ‘‘Not later than 45 shall— SEC. 1304. EFFICIENT ENVIRONMENTAL REVIEWS days after the date of publication of a notice of ‘‘(i) be included in the record of decision or FOR PROJECT DECISIONMAKING. intent to prepare an environmental impact finding of no significant impact of the Sec- (a) DEFINITIONS.—Section 139(a) of title 23, statement or the initiation of an environmental retary; and United States Code, is amended— assessment, the lead agency shall identify’’.

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(2) SINGLE NEPA DOCUMENT.—Section 139(d) of to the submission not later than 45 days after ‘‘(I) the alternative was considered in a metro- title 23, United States Code, is amended by add- the date of receipt. politan planning process or a State environ- ing at the end the following: ‘‘(5) ENVIRONMENTAL CHECKLIST.— mental review process by a metropolitan plan- ‘‘(8) SINGLE NEPA DOCUMENT.— ‘‘(A) DEVELOPMENT.—The lead agency for a ning organization or a State or local transpor- ‘‘(A) IN GENERAL.—Except as inconsistent project, in consultation with participating agen- tation agency, as applicable; with paragraph (7), to the maximum extent cies, shall develop, as appropriate, a checklist to ‘‘(II) the lead agency provided guidance to the practicable and consistent with Federal law, all help project sponsors identify potential natural, metropolitan planning organization or State or Federal permits and reviews for a project shall cultural, and historic resources in the area of local transportation agency, as applicable, re- rely on a single environment document prepared the project. garding analysis of alternatives in the metro- under the National Environmental Policy Act of ‘‘(B) PURPOSE.—The purposes of the checklist politan planning process or State environmental 1969 (42 U.S.C. 4321 et seq.) under the leadership are— review process, including guidance on the re- of the lead agency. ‘‘(i) to identify agencies and organizations quirements of the National Environmental Pol- ‘‘(B) USE OF DOCUMENT.— that can provide information about natural, icy Act of 1969 (42 U.S.C. 4321 et seq.) and any ‘‘(i) IN GENERAL.—To the maximum extent cultural, and historic resources; other Federal law necessary for approval of the practicable, the lead agency shall develop an ‘‘(ii) to develop the information needed to de- project; environmental document sufficient to satisfy the termine the range of alternatives; and ‘‘(III) the applicable metropolitan planning requirements for any Federal approval or other ‘‘(iii) to improve interagency collaboration to process or State environmental review process Federal action required for the project, includ- help expedite the permitting process for the lead included an opportunity for public review and ing permits issued by other Federal agencies. agency and participating agencies.’’. comment; ‘‘(ii) COOPERATION OF PARTICIPATING AGEN- (f) PURPOSE AND NEED.—Section 139(f) of title ‘‘(IV) the applicable metropolitan planning CIES.—Other participating agencies shall co- 23, United States Code, is amended— organization or State or local transportation operate with the lead agency and provide timely (1) in the subsection heading by inserting ‘‘; agency rejected the alternative after considering information to help the lead agency carry out ALTERNATIVES ANALYSIS’’ after ‘‘NEED’’; and public comments; this subparagraph. (2) in paragraph (4)— ‘‘(V) the Federal lead agency independently ‘‘(C) TREATMENT AS PARTICIPATING AND CO- (A) by striking subparagraph (A) and insert- reviewed the alternative evaluation approved by OPERATING AGENCIES.—A Federal agency re- ing the following: the applicable metropolitan planning organiza- quired to make an approval or take an action ‘‘(A) PARTICIPATION.— tion or State or local transportation agency; and for a project, as described in subparagraph (B), ‘‘(i) IN GENERAL.—As early as practicable dur- ‘‘(VI) the Federal lead agency determined— shall work with the lead agency for the project ing the environmental review process, the lead ‘‘(aa) in consultation with Federal partici- to ensure that the agency making the approval agency shall provide an opportunity for involve- pating or cooperating agencies, that the alter- or taking the action is treated as being both a ment by participating agencies and the public in native to be eliminated from consideration is not participating and cooperating agency for the determining the range of alternatives to be con- necessary for compliance with the National En- project. sidered for a project. vironmental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(9) PARTICIPATING AGENCY RESPONSIBIL- ‘‘(ii) COMMENTS OF PARTICIPATING AGENCIES.— seq.); or ITIES.—An agency participating in the environ- To the maximum extent practicable and con- ‘‘(bb) with the concurrence of Federal agen- mental review process under this section shall— sistent with applicable law, each participating cies with jurisdiction over a permit or approval ‘‘(A) provide comments, responses, studies, or agency receiving an opportunity for involvement required for a project, that the alternative to be methodologies on those areas within the special under clause (i) shall limit the comments of the eliminated from consideration is not necessary expertise or jurisdiction of the agency; and agency to subject matter areas within the spe- for any permit or approval under any other ‘‘(B) use the process to address any environ- cial expertise or jurisdiction of the agency. Federal law.’’. mental issues of concern to the agency.’’. ‘‘(iii) EFFECT OF NONPARTICIPATION.—A par- (g) COORDINATION AND SCHEDULING.— (e) PROJECT INITIATION.—Section 139(e) of title ticipating agency that declines to participate in (1) COORDINATION PLAN.—Section 139(g)(1) of 23, United States Code, is amended— the development of the purpose and need and title 23, United States Code, is amended— (1) in paragraph (1) by inserting ‘‘(including range of alternatives for a project shall be re- (A) in subparagraph (A) by striking ‘‘The lead any additional information that the project quired to comply with the schedule developed agency’’ and inserting ‘‘Not later than 90 days sponsor considers to be important to initiate the under subsection (g)(1)(B).’’; after the date of publication of a notice of intent process for the proposed project)’’ after ‘‘general (B) in subparagraph (B)— to prepare an environmental impact statement location of the proposed project’’; and (i) by striking ‘‘Following participation under or the initiation of an environmental assess- (2) by adding at the end the following: paragraph (1)’’ and inserting the following: ment, the lead agency’’; and ‘‘(3) REVIEW OF APPLICATION.—Not later than ‘‘(i) DETERMINATION.—Following participation (B) in subparagraph (B)(i) by striking ‘‘may 45 days after the date on which the Secretary under subparagraph (A)’’; and establish as part of the coordination plan’’ and receives notification under paragraph (1), the (ii) by adding at the end the following: inserting ‘‘shall establish as part of such coordi- Secretary shall provide to the project sponsor a ‘‘(ii) USE.—To the maximum extent practicable nation plan’’. written response that, as applicable— and consistent with Federal law, the range of (2) DEADLINES FOR DECISIONS UNDER OTHER ‘‘(A) describes the determination of the Sec- alternatives determined for a project under LAWS.—Section 139(g)(3) of title 23, United retary— clause (i) shall be used for all Federal environ- States Code, is amended in the matter preceding ‘‘(i) to initiate the environmental review proc- mental reviews and permit processes required for subparagraph (A) by inserting ‘‘and publish on ess, including a timeline and an expected date the project unless the alternatives must be modi- the Internet’’ after ‘‘House of Representatives’’. for the publication in the Federal Register of the fied— (h) ISSUE IDENTIFICATION AND RESOLUTION.— relevant notice of intent; or ‘‘(I) to address significant new information or (1) ISSUE RESOLUTION.—Section 139(h) of title ‘‘(ii) to decline the application, including an circumstances, and the lead agency and partici- 23, United States Code, is amended— explanation of the reasons for that decision; or pating agencies agree that the alternatives must (A) by redesignating paragraphs (4) through ‘‘(B) requests additional information, and pro- be modified to address the new information or (7) as paragraphs (5) through (8), respectively; vides to the project sponsor an accounting re- circumstances; or and garding what documentation is necessary to ini- ‘‘(II) for the lead agency or a participating (B) by inserting after paragraph (3) the fol- tiate the environmental review process. agency to fulfill the responsibilities of the agen- lowing: ‘‘(4) REQUEST TO DESIGNATE A LEAD AGENCY.— cy under the National Environmental Policy Act ‘‘(4) ISSUE RESOLUTION.—Any issue resolved ‘‘(A) IN GENERAL.—Any project sponsor may of 1969 (42 U.S.C. 4321 et seq.) in a timely man- by the lead agency with the concurrence of par- submit to the Secretary a request to designate ner.’’; and ticipating agencies may not be reconsidered un- the operating administration or secretarial office (C) by adding at the end the following: less significant new information or cir- within the Department of Transportation with ‘‘(E) REDUCTION OF DUPLICATION.— cumstances arise.’’. the expertise on the proposed project to serve as ‘‘(i) IN GENERAL.—In carrying out this para- (2) FAILURE TO ASSURE.—Section 139(h)(5)(C) the Federal lead agency for the project. graph, the lead agency shall reduce duplication, of title 23, United States Code (as redesignated ‘‘(B) SECRETARIAL ACTION.— to the maximum extent practicable, between— by paragraph (1)(A)), is amended by striking ‘‘(i) IN GENERAL.—If the Secretary receives a ‘‘(I) the evaluation of alternatives under the ‘‘paragraph (5) and’’ and inserting ‘‘paragraph request under subparagraph (A), the Secretary National Environmental Policy Act of 1969 (42 (6)’’. shall respond to the request not later than 45 U.S.C. 4321 et seq.); and (3) FINANCIAL PENALTY PROVISIONS.—Section days after the date of receipt. ‘‘(II) the evaluation of alternatives in the met- 139(h)(7)(B) of title 23, United States Code (as ‘‘(ii) REQUIREMENTS.—The response under ropolitan transportation planning process under redesignated by paragraph (1)(A)), is amended— clause (i) shall— section 134 or an environmental review process (A) in clause (i)(I) by striking ‘‘under section ‘‘(I) approve the request; carried out under State law (referred to in this 106(i) is required’’ and inserting ‘‘is required ‘‘(II) deny the request, with an explanation of subparagraph as a ‘State environmental review under subsection (h) or (i) of section 106’’; and the reasons for the denial; or process’). (B) by striking clause (ii) and inserting the ‘‘(III) require the submission of additional in- ‘‘(ii) CONSIDERATION OF ALTERNATIVES.—The following: formation. lead agency may eliminate from detailed consid- ‘‘(ii) DESCRIPTION OF DATE.—The date referred ‘‘(iii) ADDITIONAL INFORMATION.—If addi- eration an alternative proposed in an environ- to in clause (i) is— tional information is submitted in accordance mental impact statement regarding a project if, ‘‘(I) the date that is 30 days after the date for with clause (ii)(III), the Secretary shall respond as determined by the lead agency— rendering a decision as described in the project

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8699 schedule established pursuant to subsection ‘‘(A) use the searchable Internet website ried out by a metropolitan planning organiza- (g)(1)(B); maintained under section 41003(b) of the FAST tion or a State, as appropriate, during metro- ‘‘(II) if no schedule exists, the later of— Act— politan or statewide transportation planning ‘‘(aa) the date that is 180 days after the date ‘‘(i) to make publicly available the status and under section 134 or 135, respectively. on which an application for the permit, license, progress of projects requiring an environmental ‘‘(4) PROJECT.—The term ‘project’ has the or approval is complete; and assessment or an environmental impact state- meaning given the term in section 139(a). ‘‘(bb) the date that is 180 days after the date ment with respect to compliance with applicable ‘‘(5) PROJECT SPONSOR.—The term ‘project on which the Federal lead agency issues a deci- requirements of the National Environmental sponsor’ has the meaning given the term in sec- sion on the project under the National Environ- Policy Act of 1969 (42 U.S.C. 4321 et seq.) and tion 139(a). mental Policy Act of 1969 (42 U.S.C. 4321 et any other Federal, State, or local approval re- ‘‘(6) RELEVANT AGENCY.—The term ‘relevant seq.); or quired for those projects; and agency’ means the agency with authority under ‘‘(III) a modified date in accordance with sub- ‘‘(ii) to make publicly available the names of subparagraph (A) or (B) of subsection (b)(1). section (g)(1)(D).’’. participating agencies not participating in the ‘‘(b) ADOPTION OR INCORPORATION BY REF- (i) ASSISTANCE TO AFFECTED STATE AND FED- development of a project purpose and need and ERENCE OF PLANNING PRODUCTS FOR USE IN ERAL AGENCIES.— NEPA PROCEEDINGS.— (1) IN GENERAL.—Section 139(j) of title 23, range of alternatives under subsection (f); and ‘‘(1) IN GENERAL.—Subject to subsection (d) United States Code, is amended by striking ‘‘(B) issue reporting standards to meet the re- and to the maximum extent practicable and ap- paragraph (1) and inserting the following: quirements of subparagraph (A). ‘‘(1) IN GENERAL.— ‘‘(2) FEDERAL, STATE, AND LOCAL AGENCY PAR- propriate, the following agencies may adopt or ‘‘(A) AUTHORITY TO PROVIDE FUNDS.—The TICIPATION.— incorporate by reference and use a planning Secretary may allow a public entity receiving fi- ‘‘(A) FEDERAL AGENCIES.—A Federal agency product in proceedings relating to any class of nancial assistance from the Department of participating in the environmental review or action in the environmental review process of Transportation under this title or chapter 53 of permitting process for a project shall provide to the project: title 49 to provide funds to Federal agencies (in- the Secretary information regarding the status ‘‘(A) The lead agency for a project, with re- cluding the Department), State agencies, and and progress of the approval of the project for spect to an environmental impact statement, en- Indian tribes participating in the environmental publication on the Internet website referred to vironmental assessment, categorical exclusion, review process for the project or program. in paragraph (1)(A), consistent with the stand- or other document prepared under the National ‘‘(B) USE OF FUNDS.—Funds referred to in ards established under paragraph (1)(B). Environmental Policy Act of 1969 (42 U.S.C. 4321 subparagraph (A) may be provided only to sup- ‘‘(B) STATE AND LOCAL AGENCIES.—The Sec- et seq.). port activities that directly and meaningfully retary shall encourage State and local agencies ‘‘(B) The cooperating agency with responsi- contribute to expediting and improving permit- participating in the environmental review per- bility under Federal law, with respect to the ting and review processes, including planning, mitting process for a project to provide informa- process for and completion of any environ- approval, and consultation processes for the tion regarding the status and progress of the ap- mental permit, approval, review, or study re- project or program.’’. proval of the project for publication on the quired for a project under any Federal law (2) ACTIVITIES ELIGIBLE FOR FUNDING.—Sec- Internet website referred to in paragraph (1)(A). other than the National Environmental Policy tion 139(j)(2) of title 23, United States Code, is ‘‘(3) STATES WITH DELEGATED AUTHORITY.—A Act of 1969 (42 U.S.C. 4321 et seq.), if consistent amended by inserting ‘‘activities directly related State with delegated authority for responsibil- with that law. to the environmental review process,’’ before ities under the National Environmental Policy ‘‘(2) IDENTIFICATION.—If the relevant agency ‘‘dedicated staffing,’’. Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to makes a determination to adopt or incorporate (3) AGREEMENT.—Section 139(j) of title 23, section 327 shall be responsible for supplying to by reference and use a planning product, the United States Code, is amended by striking the Secretary project development and compli- relevant agency shall identify the agencies that paragraph (6) and inserting the following: ance status for all applicable projects.’’. participated in the development of the planning GREEMENT ‘‘(6) A .—Prior to providing funds (2) CONFORMING AMENDMENT.—Section 1319 of products. approved by the Secretary for dedicated staffing MAP–21 (42 U.S.C. 4332a), and the item relating ‘‘(3) ADOPTION OR INCORPORATION BY REF- at an affected agency under paragraphs (1) and to that section in the table of contents contained ERENCE OF PLANNING PRODUCTS.—The relevant (2), the affected agency and the requesting pub- in section 1(c) of that Act, are repealed. agency may— lic entity shall enter into an agreement that es- (k) IMPLEMENTATION OF PROGRAMMATIC COM- ‘‘(A) adopt or incorporate by reference an en- tablishes the projects and priorities to be ad- PLIANCE.— tire planning product under paragraph (1); or dressed by the use of the funds.’’. (1) RULEMAKING.—Not later than 1 year after ‘‘(B) select portions of a planning project (j) ACCELERATED DECISIONMAKING; IMPROVING the date of enactment of this Act, the Secretary under paragraph (1) for adoption or incorpora- TRANSPARENCY IN ENVIRONMENTAL REVIEWS.— tion by reference. (1) IN GENERAL.—Section 139 of title 23, United shall complete a rulemaking to implement the ‘‘(4) TIMING.—A determination under para- States Code, is amended by adding at the end provisions of section 139(b)(3) of title 23, United States Code, as amended by this section. graph (1) with respect to the adoption or incor- the following: poration by reference of a planning product ‘‘(n) ACCELERATED DECISIONMAKING IN ENVI- (2) CONSULTATION.—Before initiating the rule- may— RONMENTAL REVIEWS.— making under paragraph (1), the Secretary shall ‘‘(A) be made at the time the relevant agencies ‘‘(1) IN GENERAL.—In preparing a final envi- consult with relevant Federal agencies, relevant ronmental impact statement under the National State resource agencies, State departments of decide the appropriate scope of environmental Environmental Policy Act of 1969 (42 U.S.C. 4321 transportation, Indian tribes, and the public on review for the project; or ‘‘(B) occur later in the environmental review et seq.), if the lead agency modifies the state- the appropriate use and scope of the pro- process, as appropriate. ment in response to comments that are minor grammatic approaches. ‘‘(c) APPLICABILITY.— and are confined to factual corrections or expla- (3) REQUIREMENTS.—In carrying out this sub- ‘‘(1) PLANNING DECISIONS.—The relevant agen- nations of why the comments do not warrant section, the Secretary shall ensure that the rule- cy in the environmental review process may additional agency response, the lead agency making meets the requirements of section adopt or incorporate by reference decisions from may write on errata sheets attached to the state- 139(b)(3)(B) of title 23, United States Code, as a planning product, including— ment instead of rewriting the draft statement, amended by this section. ‘‘(A) whether tolling, private financial assist- subject to the condition that the errata sheets— (4) COMMENT PERIOD.—The Secretary shall— ance, or other special financial measures are ‘‘(A) cite the sources, authorities, and reasons (A) allow not fewer than 60 days for public necessary to implement the project; that support the position of the agency; and notice and comment on the proposed rule; and ‘‘(B) if appropriate, indicate the cir- (B) address any comments received under this ‘‘(B) a decision with respect to general travel cumstances that would trigger agency re- subsection. corridor or modal choice, including a decision to implement corridor or subarea study rec- appraisal or further response. SEC. 1305. INTEGRATION OF PLANNING AND EN- ‘‘(2) SINGLE DOCUMENT.—To the maximum ex- VIRONMENTAL REVIEW. ommendations to advance different modal solu- tent practicable, the lead agency shall expedi- Section 168 of title 23, United States Code, is tions as separate projects with independent util- tiously develop a single document that consists amended to read as follows: ity; of a final environmental impact statement and a ‘‘(C) the purpose and the need for the pro- ‘‘§ 168. Integration of planning and environ- record of decision, unless— posed action; mental review ‘‘(A) the final environmental impact statement ‘‘(D) preliminary screening of alternatives and makes substantial changes to the proposed ac- ‘‘(a) DEFINITIONS.—In this section, the fol- elimination of unreasonable alternatives; tion that are relevant to environmental or safety lowing definitions apply: ‘‘(E) a basic description of the environmental concerns; or ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The setting; ‘‘(B) there is a significant new circumstance term ‘environmental review process’ has the ‘‘(F) a decision with respect to methodologies or information relevant to environmental con- meaning given the term in section 139(a). for analysis; and cerns that bears on the proposed action or the ‘‘(2) LEAD AGENCY.—The term ‘lead agency’ ‘‘(G) an identification of programmatic level impacts of the proposed action. has the meaning given the term in section mitigation for potential impacts of a project, in- ‘‘(o) IMPROVING TRANSPARENCY IN ENVIRON- 139(a). cluding a programmatic mitigation plan devel- MENTAL REVIEWS.— ‘‘(3) PLANNING PRODUCT.—The term ‘planning oped in accordance with section 169, that the ‘‘(1) IN GENERAL.—Not later than 18 months product’ means a decision, analysis, study, or relevant agency determines are more effectively after the date of enactment of this subsection, other documented information that is the result addressed on a national or regional scale, in- the Secretary shall— of an evaluation or decisionmaking process car- cluding—

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8700 CONGRESSIONAL RECORD — HOUSE December 1, 2015 ‘‘(i) measures to avoid, minimize, and mitigate ‘‘(10) The planning product was approved (2) in subsection (c)(4) by inserting ‘‘reason- impacts at a national or regional scale of pro- within the 5-year period ending on the date on ably’’ before ‘‘considers necessary’’; posed transportation investments on environ- which the information is adopted or incor- (3) in subsection (e) by inserting ‘‘and without mental resources, including regional ecosystem porated by reference. further approval of’’ after ‘‘in lieu of’’; and water resources; and ‘‘(e) EFFECT OF ADOPTION OR INCORPORATION (4) in subsection (g)— ‘‘(ii) potential mitigation activities, locations, BY REFERENCE.—Any planning product adopted (A) by striking paragraph (1) and inserting and investments. or incorporated by reference by the relevant the following: ‘‘(2) PLANNING ANALYSES.—The relevant agen- agency in accordance with this section may be— ‘‘(1) IN GENERAL.—To ensure compliance by a cy in the environmental review process may ‘‘(1) incorporated directly into an environ- State with any agreement of the State under adopt or incorporate by reference analyses from mental review process document or other envi- subsection (c) (including compliance by the a planning product, including— ronmental document; and State with all Federal laws for which responsi- ‘‘(A) travel demands; ‘‘(2) relied on and used by other Federal agen- bility is assumed under subsection (a)(2)), for ‘‘(B) regional development and growth; cies in carrying out reviews of the project. each State participating in the program under ‘‘(C) local land use, growth management, and ‘‘(f) RULES OF CONSTRUCTION.— this section, the Secretary shall— development; ‘‘(1) IN GENERAL.—This section does not make ‘‘(A) not later than 180 days after the date of ‘‘(D) population and employment; the environmental review process applicable to execution of the agreement, meet with the State ‘‘(E) natural and built environmental condi- the transportation planning process conducted to review implementation of the agreement and tions; under this title and chapter 53 of title 49. discuss plans for the first annual audit; ‘‘(F) environmental resources and environ- ‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.— ‘‘(B) conduct annual audits during each of mentally sensitive areas; Initiation of the environmental review process the first 4 years of State participation; and ‘‘(C) ensure that the time period for com- ‘‘(G) potential environmental effects, includ- as a part of, or concurrently with, transpor- pleting an annual audit, from initiation to com- ing the identification of resources of concern tation planning activities does not subject trans- pletion (including public comment and responses and potential direct, indirect, and cumulative portation plans and programs to the environ- to those comments), does not exceed 180 days.’’; effects on those resources; and mental review process. and ‘‘(H) mitigation needs for a proposed project, ‘‘(3) PLANNING PRODUCTS.—This section does (B) by adding at the end the following: or for programmatic level mitigation, for poten- not affect the use of planning products in the ‘‘(3) AUDIT TEAM.— tial effects that the lead agency determines are environmental review process pursuant to other ‘‘(A) IN GENERAL.—An audit conducted under most effectively addressed at a regional or na- authorities under any other provision of law or paragraph (1) shall be carried out by an audit tional program level. restrict the initiation of the environmental re- team determined by the Secretary, in consulta- ‘‘(d) CONDITIONS.—The relevant agency in the view process during planning.’’. tion with the State, in accordance with sub- environmental review process may adopt or in- SEC. 1306. DEVELOPMENT OF PROGRAMMATIC paragraph (B). corporate by reference a planning product MITIGATION PLANS. ‘‘(B) CONSULTATION.—Consultation with the under this section if the relevant agency deter- Section 169(f) of title 23, United States Code, State under subparagraph (A) shall include a mines, with the concurrence of the lead agency is amended— reasonable opportunity for the State to review and, if the planning product is necessary for a (1) by striking ‘‘may use’’ and inserting ‘‘shall and provide comments on the proposed members cooperating agency to issue a permit, review, or give substantial weight to’’; and of the audit team.’’; approval for the project, with the concurrence (2) by inserting ‘‘or other Federal environ- (5) in subsection (j) by striking paragraph (1) of the cooperating agency, that the following mental law’’ before the period at the end. and inserting the following: conditions have been met: SEC. 1307. TECHNICAL ASSISTANCE FOR STATES. ‘‘(1) TERMINATION BY SECRETARY.—The Sec- ‘‘(1) The planning product was developed Section 326 of title 23, United States Code, is retary may terminate the participation of any through a planning process conducted pursuant amended— State in the program if— to applicable Federal law. (1) in subsection (c)— ‘‘(A) the Secretary determines that the State is ‘‘(2) The planning product was developed in (A) by redesignating paragraphs (2) through not adequately carrying out the responsibilities consultation with appropriate Federal and State (4) as paragraphs (3) through (5), respectively; assigned to the State; resource agencies and Indian tribes. and ‘‘(B) the Secretary provides to the State— ‘‘(3) The planning process included broad (B) by inserting after paragraph (1) the fol- ‘‘(i) a notification of the determination of multidisciplinary consideration of systems-level lowing: noncompliance; ‘‘(ii) a period of not less than 120 days to take or corridor-wide transportation needs and po- ‘‘(2) ASSISTANCE TO STATES.—On request of a tential effects, including effects on the human Governor of a State, the Secretary shall provide such corrective action as the Secretary deter- and natural environment. to the State technical assistance, training, or mines to be necessary to comply with the appli- ‘‘(4) The planning process included public no- other support relating to— cable agreement; and ‘‘(iii) on request of the Governor of the State, tice that the planning products produced in the ‘‘(A) assuming responsibility under subsection a detailed description of each responsibility in planning process may be adopted during a sub- (a); need of corrective action regarding an inad- sequent environmental review process in accord- ‘‘(B) developing a memorandum of under- equacy identified under subparagraph (A); and ance with this section. standing under this subsection; or ‘‘(C) the State, after the notification and pe- ‘‘(5) During the environmental review process, ‘‘(C) addressing a responsibility in need of riod provided under subparagraph (B), fails to the relevant agency has— corrective action under subsection (d)(1)(B).’’; take satisfactory corrective action, as deter- ‘‘(A) made the planning documents available and for public review and comment by members of mined by the Secretary.’’; and (2) in subsection (d), by striking paragraph (1) (6) by adding at the end the following: the general public and Federal, State, local, and and inserting the following: ‘‘(k) CAPACITY BUILDING.—The Secretary, in tribal governments that may have an interest in ‘‘(1) TERMINATION BY SECRETARY.—The Sec- cooperation with representatives of State offi- the proposed project; retary may terminate the participation of any cials, may carry out education, training, peer- ‘‘(B) provided notice of the intention of the State in the program if— exchange, and other initiatives as appropriate— relevant agency to adopt or incorporate by ref- ‘‘(A) the Secretary determines that the State is ‘‘(1) to assist States in developing the capacity erence the planning product; and not adequately carrying out the responsibilities to participate in the assignment program under ‘‘(C) considered any resulting comments. assigned to the State; this section; and ‘‘(6) There is no significant new information ‘‘(B) the Secretary provides to the State— ‘‘(2) to promote information sharing and col- or new circumstance that has a reasonable like- ‘‘(i) a notification of the determination of laboration among States that are participating lihood of affecting the continued validity or ap- noncompliance; in the assignment program under this section. propriateness of the planning product. ‘‘(ii) a period of not less than 120 days to take ‘‘(l) RELATIONSHIP TO LOCALLY ADMINISTERED ‘‘(7) The planning product has a rational such corrective action as the Secretary deter- PROJECTS.—A State granted authority under basis and is based on reliable and reasonably mines to be necessary to comply with the appli- this section may, as appropriate and at the re- current data and reasonable and scientifically cable agreement; and quest of a local government— acceptable methodologies. ‘‘(iii) on request of the Governor of the State, ‘‘(1) exercise such authority on behalf of the ‘‘(8) The planning product is documented in a detailed description of each responsibility in local government for a locally administered sufficient detail to support the decision or the need of corrective action regarding an inad- project; or results of the analysis and to meet requirements equacy identified under subparagraph (A); and ‘‘(2) provide guidance and training on consoli- for use of the information in the environmental ‘‘(C) the State, after the notification and pe- dating and minimizing the documentation and review process. riod described in clauses (i) and (ii) of subpara- environmental analyses necessary for sponsors ‘‘(9) The planning product is appropriate for graph (B), fails to take satisfactory corrective of a locally administered project to comply with adoption or incorporation by reference and use action, as determined by the Secretary.’’. the National Environmental Policy Act of 1969 in the environmental review process for the SEC. 1308. SURFACE TRANSPORTATION PROJECT (42 U.S.C. 4321 et seq.) and any comparable re- project and is incorporated in accordance with, DELIVERY PROGRAM. quirements under State law.’’. and is sufficient to meet the requirements of, the Section 327 of title 23, United States Code, is SEC. 1309. PROGRAM FOR ELIMINATING DUPLICA- National Environmental Policy Act of 1969 (42 amended— TION OF ENVIRONMENTAL REVIEWS. U.S.C. 4321 et seq.) and section 1502.21 of title (1) in subsection (a)(2)(B)(iii) by striking ‘‘(42 (a) PURPOSE.—The purpose of this section is 40, Code of Federal Regulations (as in effect on U.S.C. 13 4321 et seq.)’’ and inserting ‘‘(42 to eliminate duplication of environmental re- the date of enactment of the FAST Act). U.S.C. 4321 et seq.)’’; views and approvals under State laws and the

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8701 National Environmental Policy Act of 1969 (42 the Secretary in consultation with the Chair, the claim is filed not later than 2 years after the U.S.C. 4321 et seq.). may require. date of publication in the Federal Register by (b) IN GENERAL.—Chapter 3 of title 23, United ‘‘(c) REVIEW OF APPLICATION.—In accordance the Secretary of a notice that the permit, li- States Code, is amended by adding at the end with subsection (d), the Secretary shall— cense, or approval is final pursuant to the law the following: ‘‘(1) review and accept public comments on an under which the action is taken. ‘‘§ 330. Program for eliminating duplication of application submitted under subsection (b); ‘‘(B) DEADLINES.— ‘‘(i) NOTIFICATION.—The State shall notify the environmental reviews ‘‘(2) approve or disapprove the application not later than 120 days after the date of receipt of Secretary of the final action of the State not ‘‘(a) ESTABLISHMENT.— an application that the Secretary determines is later than 10 days after the final action is ‘‘(1) IN GENERAL.—The Secretary shall estab- complete; and taken. lish a pilot program to authorize States that ‘‘(3) transmit to the State notice of the ap- ‘‘(ii) PUBLICATION.—The Secretary shall pub- have assumed responsibilities of the Secretary proval or disapproval, together with a statement lish the notice of final action in the Federal under section 327 and are approved to partici- of the reasons for the approval or disapproval. Register not later than 30 days after the date of pate in the program under this section to con- ‘‘(d) APPROVAL OF APPLICATION.— receipt of the notice under clause (i). duct environmental reviews and make approvals ‘‘(1) IN GENERAL.—The Secretary shall ap- ‘‘(C) SAVINGS PROVISION.—Nothing in this for projects under State environmental laws and prove an application submitted under subsection subsection creates a right to judicial review or regulations instead of the National Environ- (b) only if— places any limit on filing a claim that a person mental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(A) the Secretary, with the concurrence of has violated the terms of a permit, license, or seq.), consistent with the requirements of this the Chair and after considering any public com- approval. section. ments received pursuant to subsection (c), deter- ‘‘(3) NEW INFORMATION.— ‘‘(2) PARTICIPATING STATES.—The Secretary mines that the laws and regulations of the State ‘‘(A) IN GENERAL.—A State shall consider new may select not more than 5 States to participate described in the application are at least as strin- information received after the close of a com- in the program. gent as the Federal requirements described in ment period if the information satisfies the re- ‘‘(3) ALTERNATIVE ENVIRONMENTAL REVIEW subsection (a)(3); quirements for a supplemental environmental AND APPROVAL PROCEDURES DEFINED.—In this ‘‘(B) the Secretary, after considering any pub- impact statement under section 771.130 of title section, the term ‘alternative environmental re- lic comments received pursuant to subsection 23, Code of Federal Regulations (or successor view and approval procedures’ means— (c), determines that the State has the capacity, regulations). ‘‘(A) substitution of 1 or more State environ- including financial and personnel, to assume ‘‘(B) TREATMENT OF FINAL AGENCY ACTION.— ‘‘(i) IN GENERAL.—The final agency action mental laws for— the responsibility; that follows preparation of a supplemental envi- ‘‘(i) the National Environmental Policy Act of ‘‘(C) the State has executed an agreement ronmental impact statement, if required, shall be 1969 (42 U.S.C. 4321 et seq.); with the Secretary in accordance with section considered a separate final agency action, and ‘‘(ii) any provisions of section 139 establishing 327; and procedures for the implementation of the Na- ‘‘(D) the State has executed an agreement the deadline for filing a claim for judicial review tional Environmental Policy Act of 1969 (42 with the Secretary under this section that— of the action shall be 2 years after the date of U.S.C. 4321 et seq.) that are under the authority ‘‘(i) has been executed by the Governor or the publication in the Federal Register by the Sec- of the Secretary, as the Secretary, in consulta- top-ranking transportation official in the State retary of a notice announcing such action. ‘‘(ii) DEADLINES.— tion with the State, considers appropriate; and who is charged with responsibility for highway ‘‘(iii) related regulations and Executive or- ‘‘(I) NOTIFICATION.—The State shall notify the construction; Secretary of the final action of the State not ders; and ‘‘(ii) is in such form as the Secretary may pre- later than 10 days after the final action is ‘‘(B) substitution of 1 or more State environ- scribe; taken. mental regulations for— ‘‘(iii) provides that the State— ‘‘(i) the National Environmental Policy Act of ‘‘(II) PUBLICATION.—The Secretary shall pub- ‘‘(I) agrees to assume the responsibilities, as lish the notice of final action in the Federal 1969 (42 U.S.C. 4321 et seq.); identified by the Secretary, under this section; ‘‘(ii) any provisions of section 139 establishing Register not later than 30 days after the date of ‘‘(II) expressly consents, on behalf of the receipt of the notice under subclause (I). procedures for the implementation of the Na- State, to accept the jurisdiction of the Federal tional Environmental Policy Act of 1969 (42 ‘‘(f) ELECTION.—A State participating in the courts under subsection (e)(1) for the compli- programs under this section and section 327, at U.S.C. 4321 et seq.) that are under the authority ance, discharge, and enforcement of any respon- of the Secretary, as the Secretary, in consulta- the discretion of the State, may elect to apply sibility under this section; the National Environmental Policy Act of 1969 tion with the State, considers appropriate; and ‘‘(III) certifies that State laws (including reg- ‘‘(iii) related regulations and Executive or- (42 U.S.C. 4321 et seq.) instead of the alternative ulations) are in effect that— environmental review and approval procedures ders. ‘‘(aa) authorize the State to take the actions ‘‘(b) APPLICATION.—To be eligible to partici- of the State. necessary to carry out the responsibilities being ‘‘(g) ADOPTION OR INCORPORATION BY REF- pate in the program, a State shall submit to the assumed; and ERENCE OF DOCUMENTS.—To the maximum ex- Secretary an application containing such infor- ‘‘(bb) are comparable to section 552 of title 5, tent practicable and consistent with Federal mation as the Secretary may require, includ- including providing that any decision regarding law, other Federal agencies with authority over ing— the public availability of a document under a project subject to this section shall adopt or ‘‘(1) a full and complete description of the those State laws is reviewable by a court of com- incorporate by reference documents produced by proposed alternative environmental review and petent jurisdiction; and a participating State under this section to sat- approval procedures of the State, including— ‘‘(IV) agrees to maintain the financial re- ‘‘(A) the procedures the State uses to engage isfy the requirements of the National Environ- sources necessary to carry out the responsibil- mental Policy Act of 1969 (42 U.S.C. 4321 et the public and consider alternatives to the pro- ities being assumed; posed action; and seq.). ‘‘(iv) requires the State to provide to the Sec- ‘‘(h) RELATIONSHIP TO LOCALLY ADMINIS- ‘‘(B) the extent to which the State considers retary any information the Secretary reasonably TERED PROJECTS.— environmental consequences or impacts on re- considers necessary to ensure that the State is ‘‘(1) IN GENERAL.—A State with an approved sources potentially impacted by the proposed ac- adequately carrying out the responsibilities as- program under this section, at the request of a tion (such as air, water, or species); signed to the State; local government, may exercise authority under ‘‘(2) each Federal requirement described in ‘‘(v) has a term of not more than 5 years; and that program on behalf of up to 25 local govern- subsection (a)(3) that the State is seeking to sub- ‘‘(vi) is renewable. ments for locally administered projects. stitute; ‘‘(2) EXCLUSION.—The National Environ- ‘‘(2) SCOPE.—For up to 25 local governments ‘‘(3) each State law or regulation that the mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) selected by a State with an approved program State intends to substitute for such Federal re- shall not apply to a decision by the Secretary to under this section, the State shall be responsible quirement; approve or disapprove an application submitted for ensuring that any environmental review, ‘‘(4) an explanation of the basis for con- under this section. consultation, or other action required under the cluding that the State law or regulation is at ‘‘(e) JUDICIAL REVIEW.— National Environmental Policy Act of 1969 (42 least as stringent as the Federal requirement de- ‘‘(1) IN GENERAL.—The United States district U.S.C. 4321 et seq.) or the State program, or scribed in subsection (a)(3); courts shall have exclusive jurisdiction over any both, meets the requirements of such Act or pro- ‘‘(5) a description of the projects or classes of civil action against a State relating to the fail- gram. projects for which the State anticipates exer- ure of the State— ‘‘(i) REVIEW AND TERMINATION.— cising the authority that may be granted under ‘‘(A) to meet the requirements of this section; ‘‘(1) IN GENERAL.—A State program approved the program; or under this section shall at all times be in accord- ‘‘(6) verification that the State has the finan- ‘‘(B) to follow the alternative environmental ance with the requirements of this section. cial resources necessary to carry out the author- review and approval procedures approved pur- ‘‘(2) REVIEW.—The Secretary shall review ity that may be granted under the program; suant to this section. each State program approved under this section ‘‘(7) evidence of having sought, received, and ‘‘(2) LIMITATION ON REVIEW.— not less than once every 5 years. addressed comments on the proposed application ‘‘(A) IN GENERAL.—Notwithstanding any other ‘‘(3) PUBLIC NOTICE AND COMMENT.—In con- from the public; and provision of law, a claim seeking judicial review ducting the review process under paragraph (2), ‘‘(8) any such additional information as the of a permit, license, or approval issued by a the Secretary shall provide notice and an oppor- Secretary, or, with respect to section (d)(1)(A), State under this section shall be barred unless tunity for public comment.

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‘‘(4) WITHDRAWAL OF APPROVAL.—If the Sec- (1) in subsection (a)— tion that are relevant to environmental or safety retary, in consultation with the Chair, deter- (A) in paragraph (1)— concerns; or mines at any time that a State is not admin- (i) by striking ‘‘operating authority that’’ and ‘‘(2) there is a significant new circumstance or istering a State program approved under this inserting ‘‘operating administration or secre- information relevant to environmental concerns section in accordance with the requirements of tarial office that has expertise but’’; and that bears on the proposed action or the impacts this section, the Secretary shall so notify the (ii) by inserting ‘‘proposed multimodal’’ after of the proposed action. State, and if appropriate corrective action is not ‘‘with respect to a’’; and ‘‘(c) ADOPTION AND INCORPORATION BY REF- taken within a reasonable time, not to exceed 90 (B) by striking paragraph (2) and inserting ERENCE OF DOCUMENTS.— days, the Secretary shall withdraw approval of the following: ‘‘(1) AVOIDING DUPLICATION.—To prevent du- the State program. ‘‘(2) LEAD AUTHORITY.—The term ‘lead au- plication of analyses and support expeditious ‘‘(5) EXTENSIONS AND TERMINATIONS.—At the thority’ means a Department of Transportation and efficient decisions, the operating adminis- conclusion of the review process under para- operating administration or secretarial office trations of the Department of Transportation graph (2), the Secretary may extend for an addi- that has the lead responsibility for compliance shall use adoption and incorporation by ref- tional 5-year period or terminate the authority with the National Environmental Policy Act of erence in accordance with this subsection. of a State under this section to substitute the 1969 (42 U.S.C. 4321 et seq.) with respect to a ‘‘(2) ADOPTION OF DOCUMENTS OF OTHER OPER- laws and regulations of the State for the Na- proposed multimodal project.’’; ATING ADMINISTRATIONS.—An operating admin- tional Environmental Policy Act of 1969 (42 (2) in subsection (b) by inserting ‘‘or title 23’’ istration or a secretarial office within the De- U.S.C. 4321 et seq.). after ‘‘under this title’’; partment of Transportation may adopt a draft ‘‘(j) REPORT TO CONGRESS.—Not later than 2 (3) by striking subsection (c) and inserting the environmental impact statement, an environ- years after the date of enactment of this section, following: mental assessment, or a final environmental im- and annually thereafter, the Secretary shall ‘‘(c) APPLICATION OF CATEGORICAL EXCLU- pact statement of another operating administra- submit to the Committee on Transportation and SIONS FOR MULTIMODAL PROJECTS.—In consid- tion for the use of the adopting operating ad- Infrastructure of the House of Representatives ering the environmental impacts of a proposed ministration when preparing an environmental and the Committee on Environment and Public multimodal project, a lead authority may apply assessment or final environmental impact state- Works of the Senate a report that describes the categorical exclusions designated under the Na- ment for a project without recirculating the doc- administration of the program, including— tional Environmental Policy Act of 1969 (42 ument for public review, if— ‘‘(1) the number of States participating in the U.S.C. 4321 et seq.) in implementing regulations ‘‘(A) the adopting operating administration program; or procedures of a cooperating authority for a certifies that the proposed action is substan- ‘‘(2) the number and types of projects for proposed multimodal project, subject to the con- tially the same as the project considered in the which each State participating in the program ditions that— document to be adopted; has used alternative environmental review and ‘‘(1) the lead authority makes a determina- ‘‘(B) the other operating administration con- approval procedures; tion, with the concurrence of the cooperating curs with such decision; and ‘‘(3) a description and assessment of whether authority— ‘‘(C) such actions are consistent with the re- implementation of the program has resulted in ‘‘(A) on the applicability of a categorical ex- quirements of the National Environmental Pol- more efficient review of projects; and clusion to a proposed multimodal project; and icy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(B) that the project satisfies the conditions ‘‘(4) any recommendations for modifications to ‘‘(3) INCORPORATION BY REFERENCE.—An oper- for a categorical exclusion under the National the program. ating administration or secretarial office within Environmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(k) SUNSET.—The program shall terminate 12 the Department of Transportation may incor- et seq.) and this section; years after the date of enactment of this section. porate by reference all or portions of a draft en- ‘‘(2) the lead authority follows the imple- ‘‘(l) DEFINITIONS.—In this section, the fol- vironmental impact statement, an environmental menting regulations of the cooperating author- lowing definitions apply: assessment, or a final environmental impact ‘‘(1) CHAIR.—The term ‘Chair’ means the ity or procedures under that Act; and statement for the use of the adopting operating Chair of the Council on Environmental Quality. ‘‘(3) the lead authority determines that— administration when preparing an environ- ‘‘(2) MULTIMODAL PROJECT.—The term ‘‘(A) the proposed multimodal project does not ‘multimodal project’ has the meaning given that individually or cumulatively have a significant mental assessment or final environmental im- term in section 139(a). impact on the environment; and pact statement for a project if— ‘‘(3) PROGRAM.—The term ‘program’ means ‘‘(B) extraordinary circumstances do not exist ‘‘(A) the incorporated material is cited in the the pilot program established under this section. that merit additional analysis and documenta- environmental assessment or final environ- ‘‘(4) PROJECT.—The term ‘project’ means— tion in an environmental impact statement or mental impact statement and the contents of the ‘‘(A) a project requiring approval under this environmental assessment required under that incorporated material are briefly described; title, chapter 53 of subtitle III of title 49, or sub- Act.’’; and ‘‘(B) the incorporated material is reasonably title V of title 49; and (4) by striking subsection (d) and inserting the available for inspection by potentially interested ‘‘(B) a multimodal project.’’. following: persons within the time allowed for review and (c) RULEMAKING.— ‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A comment; and (1) IN GENERAL.—Not later than 270 days after cooperating authority shall provide expertise to ‘‘(C) the incorporated material does not in- the date of enactment of this Act, the Secretary, the lead authority on aspects of the multimodal clude proprietary data that is not available for in consultation with the Chair of the Council on project in which the cooperating authority has review and comment.’’. Environmental Quality, shall promulgate regu- expertise.’’. (b) CONFORMING AMENDMENT.—The analysis for chapter 3 of title 49, United States Code, is lations to implement the requirements of section SEC. 1311. ACCELERATED DECISIONMAKING IN 330 of title 23, United States Code, as added by ENVIRONMENTAL REVIEWS. amended by inserting after the item relating to this section. (a) IN GENERAL.—Title 49, United States Code, section 304 the following: (2) DETERMINATION OF STRINGENCY.—As part is amended by inserting after section 304 the fol- ‘‘304a. Accelerated decisionmaking in environ- of the rulemaking required under this sub- lowing: mental reviews.’’. section, the Chair shall— SEC. 1312. IMPROVING STATE AND FEDERAL (A) establish the criteria necessary to deter- ‘‘§ 304a. Accelerated decisionmaking in envi- ronmental reviews AGENCY ENGAGEMENT IN ENVIRON- mine that a State law or regulation is at least as MENTAL REVIEWS. ‘‘(a) IN GENERAL.—In preparing a final envi- stringent as a Federal requirement described in (a) IN GENERAL.—Title 49, United States Code, section 330(a)(3) of title 23, United States Code; ronmental impact statement under the National is amended by inserting after section 306 the fol- and Environmental Policy Act of 1969 (42 U.S.C. 4321 lowing: (B) ensure that the criteria, at a minimum— et seq.), if the lead agency modifies the state- (i) provide for protection of the environment; ment in response to comments that are minor ‘‘§ 307. Improving State and Federal agency (ii) provide opportunity for public participa- and are confined to factual corrections or expla- engagement in environmental reviews tion and comment, including access to the docu- nations of why the comments do not warrant ‘‘(a) IN GENERAL.— mentation necessary to review the potential im- additional agency response, the lead agency ‘‘(1) REQUESTS TO PROVIDE FUNDS.—A public pact of a project; and may write on errata sheets attached to the state- entity receiving financial assistance from the (iii) ensure a consistent review of projects that ment, instead of rewriting the draft statement, Department of Transportation for 1 or more would otherwise have been covered under the subject to the condition that the errata sheets— projects, or for a program of projects, for a pub- National Environmental Policy Act of 1969 (42 ‘‘(1) cite the sources, authorities, and reasons lic purpose may request that the Secretary allow U.S.C. 4321 et seq.). that support the position of the agency; and the public entity to provide funds to Federal (d) CLERICAL AMENDMENT.—The analysis for ‘‘(2) if appropriate, indicate the circumstances agencies, including the Department, State agen- chapter 3 of title 23, United States Code, is that would trigger agency reappraisal or further cies, and Indian tribes participating in the envi- amended by adding at the end the following: response. ronmental planning and review process for the ‘‘330. Program for eliminating duplication of en- ‘‘(b) SINGLE DOCUMENT.—To the maximum ex- project, projects, or program. vironmental reviews.’’. tent practicable, the lead agency shall expedi- ‘‘(2) USE OF FUNDS.—The funds may be pro- SEC. 1310. APPLICATION OF CATEGORICAL EX- tiously develop a single document that consists vided only to support activities that directly and CLUSIONS FOR MULTIMODAL of a final environmental impact statement and a meaningfully contribute to expediting and im- PROJECTS. record of decision, unless— proving permitting and review processes, includ- Section 304 of title 49, United States Code, is ‘‘(1) the final environmental impact statement ing planning, approval, and consultation proc- amended— makes substantial changes to the proposed ac- esses for the project, projects, or program.

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‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Ac- project’s purpose and need and range of alter- ‘‘(1) REPORT TO CONGRESS.—Not later than 2 tivities for which funds may be provided under natives for analysis that the lead agency and years after the date of enactment of this section subsection (a) include transportation planning agencies of jurisdiction will rely on for concur- and biennially thereafter, the Secretary of activities that precede the initiation of the envi- rent environmental reviews and permitting deci- Transportation shall submit to the Committee on ronmental review process, activities directly re- sions required for the proposed project; Commerce, Science, and Transportation of the lated to the environmental review process, dedi- ‘‘(2) achieve early concurrence or issue resolu- Senate and the Committee on Transportation cated staffing, training of agency personnel, in- tion during the NEPA scoping process on the and Infrastructure of the House of Representa- formation gathering and mapping, and develop- Department of Transportation’s statement of a tives a report that describes— ment of programmatic agreements. project’s purpose and need, and during develop- ‘‘(A) progress in aligning Federal environ- ‘‘(c) AMOUNTS.—A request under subsection ment of the environmental impact statement on mental reviews under this section; and (a) may be approved only for the additional the range of alternatives for analysis, that the ‘‘(B) the impact this section has had on accel- amounts that the Secretary determines are nec- lead agency and agencies of jurisdiction will erating the environmental review and permitting essary for the Federal agencies, State agencies, rely on for concurrent environmental reviews process. or Indian tribes participating in the environ- and permitting decisions required for the pro- ‘‘(2) INSPECTOR GENERAL REPORT.—Not later mental review process to timely conduct the re- posed project absent circumstances that require than 3 years after the date of enactment of this view. reconsideration in order to meet an agency of section, the Inspector General of the Depart- ‘‘(d) AGREEMENTS.—Prior to providing funds jurisdiction’s obligations under a statute or Ex- ment of Transportation shall submit to the Com- approved by the Secretary for dedicated staffing ecutive order; and mittee on Commerce, Science, and Transpor- at an affected Federal agency under subsection ‘‘(3) achieve concurrence or issue resolution in tation of the Senate and the Committee on (a), the affected Federal agency and the re- an expedited manner if circumstances arise that Transportation and Infrastructure of the House questing public entity shall enter into an agree- require a reconsideration of the purpose and of Representatives a report that describes— ment that establishes a process to identify need or range of alternatives considered during ‘‘(A) progress in aligning Federal environ- projects or priorities to be addressed by the use any Federal agency’s environmental or permit- mental reviews under this section; and of the funds. ting review in order to meet an agency of juris- ‘‘(B) the impact this section has had on accel- ‘‘(e) GUIDANCE.— diction’s obligations under a statute or Execu- erating the environmental review and permitting ‘‘(1) IN GENERAL.—Not later than 180 days tive order. process. after the date of enactment of this section, the ‘‘(c) ENVIRONMENTAL CHECKLIST.— ‘‘(g) SAVINGS PROVISION.—This section shall Secretary shall issue guidance to implement this ‘‘(1) IN GENERAL.—Not later than 90 days after not apply to any project subject to section 139 of section. the date of enactment of this section, the Sec- title 23.’’. ‘‘(2) FACTORS.—As part of the guidance issued retary of Transportation and Federal agencies (b) CONFORMING AMENDMENT.—The analysis under paragraph (1), the Secretary shall en- of jurisdiction likely to have substantive review for chapter 3 of title 49, United States Code, is sure— or approval responsibilities on transportation amended by inserting after the item relating to ‘‘(A) to the maximum extent practicable, that projects shall jointly develop a checklist to help section 309 the following: expediting and improving the process of envi- project sponsors identify potential natural, cul- ‘‘310. Aligning Federal environmental reviews.’’. ronmental review and permitting through the tural, and historic resources in the area of a SEC. 1314. CATEGORICAL EXCLUSION FOR use of funds accepted and expended under this proposed project. PROJECTS OF LIMITED FEDERAL AS- section does not adversely affect the timeline for ‘‘(2) PURPOSE.—The purpose of the checklist SISTANCE. review and permitting by Federal agencies, shall be to— (a) ADJUSTMENT FOR INFLATION.—Section 1317 State agencies, or Indian tribes of other entities ‘‘(A) identify agencies of jurisdiction and co- of MAP–21 (23 U.S.C. 109 note; Public Law 112– that have not contributed funds under this sec- operating agencies; 141) is amended— tion; ‘‘(B) develop the information needed for the (1) in paragraph (1)(A) by inserting ‘‘(as ad- ‘‘(B) that the use of funds accepted under this purpose and need and alternatives for analysis; justed annually by the Secretary to reflect any section will not impact impartial decisionmaking and increases in the Consumer Price Index prepared with respect to environmental reviews or per- ‘‘(C) improve interagency collaboration to by the Department of Labor)’’ after mits, either substantively or procedurally; and help expedite the permitting process for the lead ‘‘$5,000,000’’; and ‘‘(C) that the Secretary maintains, and makes agency and agencies of jurisdiction. (2) in paragraph (1)(B) by inserting ‘‘(as ad- publicly available, including on the Internet, a ‘‘(d) INTERAGENCY COLLABORATION.— justed annually by the Secretary to reflect any list of projects or programs for which such re- ‘‘(1) IN GENERAL.—Consistent with Federal en- increases in the Consumer Price Index prepared view or permits have been carried out using vironmental statutes, the Secretary of Transpor- by the Department of Labor)’’ after funds authorized under this section. tation shall facilitate annual interagency col- ‘‘$30,000,000’’. ‘‘(f) EXISTING AUTHORITY.—Nothing in this laboration sessions at the appropriate jurisdic- (b) RETROACTIVE APPLICATION.—The first ad- section may be construed to conflict with section tional level to coordinate business plans and fa- justment made pursuant to the amendments 139(j) of title 23.’’. cilitate coordination of workload planning and made by subsection (a) shall— (b) CONFORMING AMENDMENT.—The analysis workforce management. (1) be carried out not later than 60 days after for chapter 3 of title 49, United States Code, is ‘‘(2) PURPOSE OF COLLABORATION SESSIONS.— the date of enactment of this Act; and amended by inserting after the item relating to The interagency collaboration sessions shall en- (2) reflect the increase in the Consumer Price section 306 the following: sure that agency staff is— Index since July 1, 2012. ‘‘307. Improving State and Federal agency en- ‘‘(A) fully engaged; SEC. 1315. PROGRAMMATIC AGREEMENT TEM- gagement in environmental re- ‘‘(B) utilizing the flexibility of existing regula- PLATE. views.’’. tions, policies, and guidance; and (a) IN GENERAL.—Section 1318 of MAP–21 (23 ‘‘(C) identifying additional actions to facili- U.S.C. 109 note; Public Law 112–141) is amended SEC. 1313. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS. tate high quality, efficient, and targeted envi- by adding at the end the following: ronmental reviews and permitting decisions. ‘‘(e) PROGRAMMATIC AGREEMENT TEMPLATE.— (a) IN GENERAL.—Title 49, United States Code, ‘‘(3) FOCUS OF COLLABORATION SESSIONS.—The ‘‘(1) IN GENERAL.—The Secretary shall develop is amended by inserting after section 309 the fol- interagency collaboration sessions, and the a template programmatic agreement described in lowing: interagency collaborations generated by the ses- subsection (d) that provides for efficient and ‘‘§ 310. Aligning Federal environmental re- sions, shall focus on methods to— adequate procedures for evaluating Federal ac- views ‘‘(A) work with State and local transportation tions described in section 771.117(c) of title 23, ‘‘(a) COORDINATED AND CONCURRENT ENVI- entities to improve project planning, siting, and Code of Federal Regulations (as in effect on the RONMENTAL REVIEWS.—Not later than 1 year application quality; and date of enactment of this subsection). after the date of enactment of this section, the ‘‘(B) consult and coordinate with relevant ‘‘(2) USE OF TEMPLATE.—The Secretary— Department of Transportation, in coordination stakeholders and Federal, tribal, State, and ‘‘(A) on receipt of a request from a State, shall with the heads of Federal agencies likely to local representatives early in permitting proc- use the template programmatic agreement devel- have substantive review or approval responsibil- esses. oped under paragraph (1) in carrying out this ities under Federal law, shall develop a coordi- ‘‘(4) CONSULTATION.—The interagency col- section; and nated and concurrent environmental review and laboration sessions shall include a consultation ‘‘(B) on consent of the applicable State, may permitting process for transportation projects with groups or individuals representing State, modify the template as necessary to address the when initiating an environmental impact state- tribal, and local governments that are engaged unique needs and characteristics of the State. ment under the National Environmental Policy in the infrastructure permitting process. ‘‘(3) OUTCOME MEASUREMENTS.—The Secretary Act of 1969 (42 U.S.C. 4321 et seq.) (in this sec- ‘‘(e) PERFORMANCE MEASUREMENT.—Not later shall establish a method to verify that actions tion referred to as ‘NEPA’). than 1 year after the date of enactment of this described in section 771.117(c) of title 23, Code of ‘‘(b) CONTENTS.—The coordinated and concur- section, the Secretary of Transportation, in co- Federal Regulations (as in effect on the date of rent environmental review and permitting proc- ordination with relevant Federal agencies, shall enactment of this subsection), are evaluated and ess developed under subsection (a) shall— establish a program to measure and report on documented in a consistent manner by the State ‘‘(1) ensure that the Department of Transpor- progress toward aligning Federal reviews and that uses the template programmatic agreement tation and agencies of jurisdiction possess suffi- reducing permitting and project delivery time as under this subsection.’’. cient information early in the review process to outlined in this section. (b) CATEGORICAL EXCLUSION DETERMINA- determine a statement of a transportation ‘‘(f) REPORTS.— TIONS.—Not later than 30 days after the date of

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8704 CONGRESSIONAL RECORD — HOUSE December 1, 2015 enactment of this Act, the Secretary shall revise (4) how, and the extent to which, streamlining shall make available a report on funding appor- section 771.117(g) of title 23, Code of Federal provisions have improved and accelerated the tioned and allocated to the States under this Regulations, to allow a programmatic agreement process for permitting under the Federal Water title that describes— under this section to include responsibility for Pollution Control Act (33 U.S.C. 1251 et seq.), ‘‘(i) the amount of funding obligated by each making categorical exclusion determinations— the Endangered Species Act of 1973 (16 U.S.C. State, year-to-date, for the current fiscal year; (1) for actions described in subsections (c) and 1531 et seq.), and other applicable Federal laws; ‘‘(ii) the amount of funds remaining available (d) of section 771.117 of title 23, Code of Federal (5) what impact actions by the Council on En- for obligation by each State; Regulations; and vironmental Quality have had on accelerating ‘‘(iii) changes in the obligated, unexpended (2) that meet the criteria for a categorical ex- Federal-aid highway and highway safety con- balance for each State, year-to-date, during the clusion under section 1508.4 of title 40, Code of struction projects and public transportation current fiscal year, including the obligated, un- Federal Regulations (as in effect on the date of capital projects; expended balance at the end of the preceding enactment of this Act), and are identified in the (6) the number and percentage of projects that fiscal year and current fiscal year expenditures; programmatic agreement. proceed under a traditional environmental as- ‘‘(iv) the amount and program category of un- SEC. 1316. ASSUMPTION OF AUTHORITIES. sessment or environmental impact statement, obligated funding, year-to-date, available for (a) IN GENERAL.—The Secretary shall use the and the number and percentage of projects that expenditure at the discretion of the Secretary; authority under section 106(c) of title 23, United proceed under categorical exclusions; ‘‘(v) the rates of obligation on and off the Na- States Code, to the maximum extent practicable, (7) the extent to which the environmental re- tional Highway System, year-to-date, for the to allow a State to assume the responsibilities of view and permitting process remains a signifi- current fiscal year of funds apportioned, allo- the Secretary for project design, plans, speci- cant source of project delay and the sources of cated, or set aside under this section, according fications, estimates, contract awards, and in- delays; and to— spection of projects, on both a project-specific (8) the costs of conducting environmental re- ‘‘(I) program; and programmatic basis. views and issuing permits or licenses for a ‘‘(II) funding category or subcategory; (b) SUBMISSION OF RECOMMENDATIONS.—Not project, including the cost of contractors and ‘‘(III) type of improvement; later than 18 months after the date of enactment dedicated agency staff. ‘‘(IV) State; and of this Act, the Secretary, in cooperation with (c) RECOMMENDATIONS.—The assessment re- ‘‘(V) sub-State geographical area, including the States, shall submit to the Committee on quired under subsection (a) shall include rec- urbanized and rural areas, on the basis of the Transportation and Infrastructure of the House ommendations with respect to— population of each such area; and of Representatives and the Committee on Envi- (1) additional opportunities for streamlining ‘‘(vi) the amount of funds transferred by each ronment and Public Works of the Senate rec- the environmental review process, including reg- State, year-to-date, for the current fiscal year ommendations for legislation to permit the as- ulatory or statutory changes to accelerate the between programs under section 126. ‘‘(B) PROJECT DATA.—On an annual basis, the sumption of additional authorities by States, in- processes of Federal agencies (other than the Secretary shall make available a report that cluding with respect to real estate acquisition Department) with responsibility for reviewing provides, for any project funded under this title and project design. Federal-aid highway and highway safety con- struction projects and public transportation (excluding projects for which funds are trans- SEC. 1317. MODERNIZATION OF THE ENVIRON- ferred to agencies other than the Federal High- MENTAL REVIEW PROCESS. capital projects without negatively impacting way Administration) with an estimated total (a) IN GENERAL.—Not later than 180 days the environment; and cost as of the start of construction greater than after the date of enactment of this Act, the Sec- (2) best practices of other Federal agencies $25,000,000, and to the maximum extent prac- retary shall examine ways to modernize, sim- that should be considered for adoption by the ticable, other projects funded under this title, plify, and improve the implementation of the Department. project data describing— National Environmental Policy Act of 1969 (42 (d) REPORT TO CONGRESS.—The Comptroller ‘‘(i) the specific location of the project; U.S.C. 4321 et seq.) by the Department. General of the United States shall submit to the ‘‘(ii) the total cost of the project; (b) INCLUSIONS.—In carrying out subsection Committee on Transportation and Infrastruc- ‘‘(iii) the amount of Federal funding obligated (a), the Secretary shall consider— ture of the House of Representatives and the for the project; (1) the use of technology in the process, such Committee on Environment and Public Works of ‘‘(iv) the program or programs from which as— the Senate a report containing the assessment Federal funds have been obligated for the (A) searchable databases; and recommendations required under this sec- project; (B) geographic information system mapping tion. tools; ‘‘(v) the type of improvement being made, Subtitle D—Miscellaneous (C) integration of those tools with fiscal man- such as categorizing the project as— agement systems to provide more detailed data; SEC. 1401. PROHIBITION ON THE USE OF FUNDS ‘‘(I) a road reconstruction project; ‘‘(II) a new road construction project; and FOR AUTOMATED TRAFFIC EN- (D) other innovative technologies; FORCEMENT. ‘‘(III) a new bridge construction project; (2) ways to prioritize use of programmatic en- (a) PROHIBITION.—Except as provided in sub- ‘‘(IV) a bridge rehabilitation project; or ‘‘(V) a bridge replacement project; vironmental impact statements; section (b), for fiscal years 2016 through 2020, ‘‘(vi) the ownership of the highway or bridge; (3) methods to encourage cooperating agencies funds apportioned to a State under section ‘‘(vii) whether the project is located in an area to present analyses in a concise format; and 104(b)(3) of title 23, United States Code, may not (4) any other improvements that can be made be used to purchase, operate, or maintain an of the State with a population of— ‘‘(I) less than 5,000 individuals; to modernize process implementation. automated traffic enforcement system. ‘‘(II) 5,000 or more individuals but less than (c) REPORT.—Not later than 1 year after the (b) EXCEPTION.—Subsection (a) does not apply 50,000 individuals; date of enactment of this Act, the Secretary to an automated traffic enforcement system lo- ‘‘(III) 50,000 or more individuals but less than shall submit to the Committee on Transportation cated in a school zone. 200,000 individuals; or and Infrastructure of the House of Representa- (c) AUTOMATED TRAFFIC ENFORCEMENT SYS- ‘‘(IV) 200,000 or more individuals; and tives and the Committee on Environment and TEM DEFINED.—In this section, the term ‘‘auto- mated traffic enforcement system’’ means any ‘‘(viii) available information on the estimated Public Works of the Senate a report describing cost of the project as of the start of project con- the results of the review carried out under sub- camera that captures an image of a vehicle for the purposes of traffic law enforcement. struction, or the revised cost estimate based on section (a). a description of revisions to the scope of work or SEC. 1318. ASSESSMENT OF PROGRESS ON ACCEL- SEC. 1402. HIGHWAY TRUST FUND TRANS- PARENCY AND ACCOUNTABILITY. other factors affecting project cost other than ERATING PROJECT DELIVERY. cost overruns.’’. (a) IN GENERAL.—Section 104 of title 23, (a) IN GENERAL.—Not later than 2 years after (b) CONFORMING AMENDMENT.—Section 1503 of United States Code, is amended by striking sub- the date of enactment of this Act, the Comp- MAP–21 (23 U.S.C. 104 note; Public Law 112– section (g) and inserting the following: troller General of the United States shall assess 141) is amended by striking subsection (c). the progress made under this Act, MAP–21 (Pub- ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY SEC. 1403. ADDITIONAL DEPOSITS INTO HIGHWAY AND ACCOUNTABILITY REPORTS.— lic Law 112–141), and SAFETEA–LU (Public TRUST FUND. Law 109–59), including the amendments made by ‘‘(1) COMPILATION OF DATA.—Not later than (a) IN GENERAL.—Chapter 1 of title 23, United those Acts, to accelerate the delivery of Federal- 180 days after the date of enactment of the FAST Act, the Secretary shall compile data in States Code, is amended by inserting after sec- aid highway and highway safety construction tion 104 the following: projects and public transportation capital accordance with this subsection on the use of projects by streamlining the environmental re- Federal-aid highway funds made available ‘‘§ 105. Additional deposits into Highway view and permitting process. under this title. Trust Fund (b) CONTENTS.—The assessment required ‘‘(2) REQUIREMENTS.—The Secretary shall en- ‘‘(a) IN GENERAL.—If monies are deposited under subsection (a) shall evaluate— sure that the reports required under this sub- into the Highway Account or Mass Transit Ac- (1) how often the various streamlining provi- section are made available in a user-friendly count pursuant to a law enacted subsequent to sions have been used; manner on the public Internet website of the De- the date of enactment of the FAST Act, the Sec- (2) which of the streamlining provisions have partment of Transportation and can be searched retary shall make available additional amounts had the greatest impact on streamlining the en- and downloaded by users of the website. of contract authority under subsections (b) and vironmental review and permitting process; ‘‘(3) CONTENTS OF REPORTS.— (c). (3) what, if any, impact streamlining of the ‘‘(A) APPORTIONED AND ALLOCATED PRO- ‘‘(b) AMOUNT OF ADJUSTMENT.—If monies are process has had on environmental protection; GRAMS.—On a semiannual basis, the Secretary deposited into the Highway Account or the

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8705 Mass Transit Account as described in subsection ‘‘(C) the Federal Motor Carrier Safety Admin- Interstate System, excluding bridges on the (a), on October 1 of the fiscal year following the istration, as authorized under section 31110 of Interstate System, in a State falls’’ and insert- deposit of such monies, the Secretary shall— title 49. ing ‘‘If a State reports that the condition of the ‘‘(1) make available for programs authorized ‘‘(2) HIGHWAY ACCOUNT.—The term ‘Highway Interstate System, excluding bridges on the from such account for such fiscal year a total Account’ means the portion of the Highway Interstate System, has fallen’’. amount equal to— Trust Fund that is not the Mass Transit Ac- (b) HIGHWAY SAFETY IMPROVEMENT PRO- ‘‘(A) the amount otherwise authorized to be count. GRAM.—Section 148(i) of title 23, United States appropriated for such programs for such fiscal ‘‘(3) MASS TRANSIT ACCOUNT.—The term ‘Mass Code, is amended— year; plus Transit Account’ means the Mass Transit Ac- (1) in the matter preceding paragraph (1), by ‘‘(B) an amount equal to such monies depos- count of the Highway Trust Fund established striking ‘‘performance targets of the State estab- ited into such account during the previous fiscal under section 9503(e)(1) of the Internal Revenue lished under section 150(d) by the date that is 2 year as described in subsection (a); and Code of 1986.’’. years after the date of the establishment of the ‘‘(2) distribute the additional amount under (b) CLERICAL AMENDMENT.—The analysis for performance targets’’ and inserting ‘‘safety per- paragraph (1)(B) to each of such programs in such chapter is amended by inserting after the formance targets of the State established under accordance with subsection (c). item relating to section 104 the following: section 150(d)’’; and ‘‘(c) DISTRIBUTION OF ADJUSTMENT AMONG (2) in paragraphs (1) and (2), by inserting PROGRAMS.— ‘‘105. Additional deposits into Highway Trust ‘‘(1) IN GENERAL.—In making an adjustment Fund.’’. ‘‘safety’’ before ‘‘performance targets’’ each for programs authorized to be appropriated from SEC. 1404. DESIGN STANDARDS. place it appears. the Highway Account or the Mass Transit Ac- (a) IN GENERAL.—Section 109 of title 23, SEC. 1407. VEHICLE-TO-INFRASTRUCTURE EQUIP- count for a fiscal year under subsection (b), the United States Code, is amended— MENT. Secretary shall— (1) in subsection (c)— (a) NATIONAL HIGHWAY PERFORMANCE PRO- ‘‘(A) determine the ratio that— (A) in paragraph (1)— GRAM.—Section 119(d)(2)(L) of title 23, United ‘‘(i) the amount authorized to be appropriated (i) in the matter preceding subparagraph (A) States Code, is amended by inserting ‘‘, includ- for a program from the account for the fiscal by striking ‘‘may take into account’’ and insert- ing the installation of vehicle-to-infrastructure year; bears to ing ‘‘shall consider’’; communication equipment’’ after ‘‘capital im- ‘‘(ii) the total amount authorized to be appro- (ii) in subparagraph (B) by striking ‘‘and’’ at provements’’. priated for such fiscal year for all programs the end; (b) SURFACE TRANSPORTATION BLOCK GRANT under such account; (iii) by redesignating subparagraph (C) as PROGRAM.—Section 133(b)(1)(D) of title 23, ‘‘(B) multiply the ratio determined under sub- subparagraph (D); and United States Code, is amended by inserting ‘‘, paragraph (A) by the amount of the adjustment (iv) by inserting after subparagraph (B) the including the installation of vehicle-to-infra- determined under subsection (b)(1)(B); and following: structure communication equipment’’ after ‘‘(C) adjust the amount that the Secretary ‘‘(C) cost savings by utilizing flexibility that ‘‘capital improvements’’. would otherwise have allocated for the program exists in current design guidance and regula- SEC. 1408. FEDERAL SHARE PAYABLE. for such fiscal year by the amount calculated tions; and’’; and (a) INNOVATIVE PROJECT DELIVERY METH- under subparagraph (B). (B) in paragraph (2)— ODS.—Section 120(c)(3) of title 23, United States ‘‘(2) FORMULA PROGRAMS.—For a program for Code, is amended— which funds are distributed by formula, the Sec- (i) in subparagraph (C) by striking ‘‘and’’ at (1) in subparagraph (A)(ii)— retary shall add the adjustment to the amount the end; (ii) by redesignating subparagraph (D) as sub- (A) by inserting ‘‘engineering or design ap- authorized for the program but for this section paragraph (F); and proaches,’’ after ‘‘technologies,’’; and and make available the adjusted program (iii) by inserting after subparagraph (C) the (B) by inserting ‘‘or project delivery’’ after amount for such program in accordance with following: ‘‘or contracting’’; such formula. (2) in subparagraph (B)— ‘‘(3) AVAILABILITY FOR OBLIGATION.—Adjusted ‘‘(D) the publication entitled ‘Highway Safety (A) in clause (iii) by inserting ‘‘and alter- amounts under this subsection shall be available Manual’ of the American Association of State native bidding’’ before the semicolon at the end; for obligation and administered in the same Highway and Transportation Officials; (B) in clause (iv) by striking ‘‘or’’ at the end; manner as other amounts made available for the ‘‘(E) the publication entitled ‘Urban Street (C) by redesignating clause (v) as clause (vi); program for which the amount is adjusted. Design Guide’ of the National Association of and ‘‘(d) EXCLUSION OF EMERGENCY RELIEF PRO- City Transportation Officials; and’’; and (D) by inserting after clause (iv) the fol- GRAM AND COVERED ADMINISTRATIVE EX- (2) in subsection (f) by inserting ‘‘pedestrian lowing: PENSES.—The Secretary shall exclude the emer- walkways,’’ after ‘‘bikeways,’’. ‘‘(v) innovative pavement materials that have gency relief program under section 125 and cov- (b) DESIGN STANDARD FLEXIBILITY.—Notwith- a demonstrated life cycle of 75 or more years, are ered administrative expenses from an adjust- standing section 109(o) of title 23, United States manufactured with reduced greenhouse gas ment of funding under subsection (c)(1). Code, a State may allow a local jurisdiction to emissions, and reduce construction-related con- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— use a roadway design publication that is dif- There is authorized to be appropriated from the ferent from the roadway design publication used gestion by rapidly curing; or’’; and appropriate account or accounts of the Highway by the State in which the local jurisdiction is lo- (b) EMERGENCY RELIEF.—Section 120(e)(2) of Trust Fund an amount equal to the amount of cated for the design of a project on a roadway title 23, United States Code, is amended by strik- an adjustment for a fiscal year under subsection under the ownership of the local jurisdiction ing ‘‘Federal land access transportation facili- (b) for any of fiscal years 2017 through 2020. (other than a highway on the Interstate System) ties’’ and inserting ‘‘other Federally owned ‘‘(f) REVISION TO OBLIGATION LIMITATIONS.— if— roads that are open to public travel’’. ‘‘(1) IN GENERAL.—If the Secretary makes an (1) the local jurisdiction is a direct recipient of SEC. 1409. MILK PRODUCTS. adjustment under subsection (b) for a fiscal year Federal funds for the project; Section 127(a) of title 23, United States Code, to an amount subject to a limitation on obliga- (2) the roadway design publication— is amended by adding at the end the following: tions imposed by section 1102 or 3018 of the (A) is recognized by the Federal Highway Ad- ‘‘(13) MILK PRODUCTS.—A vehicle carrying FAST Act— ministration; and fluid milk products shall be considered a load ‘‘(A) such limitation on obligations for such (B) is adopted by the local jurisdiction; and that cannot be easily dismantled or divided.’’. fiscal year shall be revised by an amount equal (3) the design complies with all other applica- SEC. 1410. INTERSTATE WEIGHT LIMITS. to such adjustment; and ble Federal laws. Section 127 of title 23, United States Code, is ‘‘(B) the Secretary shall distribute such limi- SEC. 1405. JUSTIFICATION REPORTS FOR ACCESS amended by adding at the end the following: tation on obligations, as revised under subpara- POINTS ON THE INTERSTATE SYS- ‘‘(m) COVERED HEAVY-DUTY TOW AND RECOV- graph (A), in accordance with such sections. TEM. ERY VEHICLES.— ‘‘(2) EXCLUSION OF COVERED ADMINISTRATIVE Section 111(e) of title 23, United States Code, ‘‘(1) IN GENERAL.—The vehicle weight limita- EXPENSES.—The Secretary shall exclude covered is amended by inserting ‘‘(including new or tions set forth in this section do not apply to a administrative expenses from— modified freeway-to-crossroad interchanges in- covered heavy-duty tow and recovery vehicle. ‘‘(A) any calculation relating to a revision of side a transportation management area)’’ after ‘‘(2) COVERED HEAVY-DUTY TOW AND RECOV- a limitation on obligations under paragraph ‘‘the Interstate System’’. ERY VEHICLE DEFINED.—In this subsection, the (1)(A); and ‘‘(B) any distribution of a revised limitation SEC. 1406. PERFORMANCE PERIOD ADJUSTMENT. term ‘covered heavy-duty tow and recovery ve- on obligations under paragraph (1)(B). (a) NATIONAL HIGHWAY PERFORMANCE PRO- hicle’ means a vehicle that— ‘‘(g) DEFINITIONS.—In this section, the fol- GRAM.—Section 119 of title 23, United States ‘‘(A) is transporting a disabled vehicle from lowing definitions apply: Code, is amended— the place where the vehicle became disabled to ‘‘(1) COVERED ADMINISTRATIVE EXPENSES.— (1) in subsection (e)(7), by striking ‘‘for 2 con- the nearest appropriate repair facility; and The term ‘covered administrative expenses’ secutive reports submitted under this paragraph ‘‘(B) has a gross vehicle weight that is equal means the administrative expenses of— shall include in the next report submitted’’ and to or exceeds the gross vehicle weight of the dis- ‘‘(A) the Federal Highway Administration, as inserting ‘‘shall include as part of the perform- abled vehicle being transported. authorized under section 104(a); ance target report under section 150(e)’’; and ‘‘(n) OPERATION OF VEHICLES ON CERTAIN ‘‘(B) the National Highway Traffic Safety Ad- (2) in subsection (f)(1)(A) in the matter pre- HIGHWAYS IN THE STATE OF TEXAS.—If any seg- ministration, as authorized under section ceding clause (i) by striking ‘‘If, during 2 con- ment in the State of Texas of United States 4001(a)(6) of the FAST Act; and secutive reporting periods, the condition of the Route 59, United States Route 77, United States

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8706 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Route 281, United States Route 84, Texas State SEC. 1411. TOLLING; HOV FACILITIES; INTER- (5) in subsection (d)— Highway 44, or another roadway is designated STATE RECONSTRUCTION AND RE- (A) by striking ‘‘State agency’’ each place it as Interstate Route 69, a vehicle that could op- HABILITATION. appears and inserting ‘‘public authority’’; erate legally on that segment before the date of (a) TOLLING.—Section 129(a) of title 23, United (B) in paragraph (1)— the designation may continue to operate on that States Code, is amended— (i) by striking subparagraphs (D) and (E); and segment, without regard to any requirement (1) in paragraph (3)(A), in the matter pre- (ii) by inserting after subparagraph (C) the under this section. ceding clause (i)— following: (A) by striking ‘‘shall use’’ and inserting ‘‘(o) CERTAIN LOGGING VEHICLES IN THE STATE ‘‘(D) MAINTENANCE OF OPERATING PERFORM- ‘‘shall ensure that’’; and OF WISCONSIN.— ANCE.— (B) by inserting ‘‘are used’’ before ‘‘only for’’; ‘‘(i) SUBMISSION OF PLAN.—Not later than 180 ‘‘(1) IN GENERAL.—The Secretary shall waive, (2) by striking paragraph (4) and redesig- days after the date on which a facility is de- with respect to a covered logging vehicle, the nating paragraphs (5) through (9) as para- graded under paragraph (2), the public author- application of any vehicle weight limit estab- graphs (4) through (8), respectively; and ity with jurisdiction over the facility shall sub- lished under this section. (3) in subparagraph (B) of paragraph (4) (as mit to the Secretary for approval a plan that de- ‘‘(2) COVERED LOGGING VEHICLE DEFINED.—In so redesignated) by striking ‘‘Federal-aid sys- tails the actions the public authority will take this subsection, the term ‘covered logging vehi- tem’’ and inserting ‘‘Federal-aid highways’’; to make significant progress toward bringing the cle’ means a vehicle that— (4) by inserting after paragraph (8) (as so re- facility into compliance with the minimum aver- ‘‘(A) is transporting raw or unfinished forest designated)— age operating speed performance standard products, including logs, pulpwood, biomass, or ‘‘(9) EQUAL ACCESS FOR OVER-THE-ROAD through changes to the operation of the facility, wood chips; BUSES.—An over-the-road bus that serves the including— ‘‘(B) has a gross vehicle weight of not more public shall be provided access to a toll facility ‘‘(I) increasing the occupancy requirement for than 98,000 pounds; under the same rates, terms, and conditions as HOV lanes; ‘‘(C) has not less than 6 axles; and public transportation buses.’’; and ‘‘(II) varying the toll charged to vehicles al- ‘‘(D) is operating on a segment of Interstate (5) in paragraph (10)— lowed under subsection (b) to reduce demand; Route 39 in the State of Wisconsin from mile (A) by redesignating subparagraphs (C) and ‘‘(III) discontinuing allowing non-HOV vehi- marker 175.8 to mile marker 189. (D) as subparagraphs (D) and (E), respectively; cles to use HOV lanes under subsection (b); or ‘‘(p) OPERATION OF CERTAIN SPECIALIZED VE- and ‘‘(IV) increasing the available capacity of the HICLES ON CERTAIN HIGHWAYS IN THE STATE OF (B) by inserting after subparagraph (B) the HOV facility. ARKANSAS.—If any segment of United States following: ‘‘(ii) NOTICE OF APPROVAL OR DISAPPROVAL.— Route 63 between the exits for highways 14 and ‘‘(C) OVER-THE-ROAD BUS.—The term ‘over- Not later than 60 days after the date of receipt 75 in the State of Arkansas is designated as part the-road bus’ has the meaning given the term in of a plan under clause (i), the Secretary shall of the Interstate System, the single axle weight, section 301 of the Americans with Disabilities provide to the public authority a written notice tandem axle weight, gross vehicle weight, and Act of 1990 (42 U.S.C. 12181).’’. indicating whether the Secretary has approved bridge formula limits under subsection (a) and (b) HOV FACILITIES.—Section 166 of title 23, or disapproved the plan based on a determina- the width limitation under section 31113(a) of United States Code, is amended— tion of whether the implementation of the plan title 49 shall not apply to that segment with re- (1) by striking ‘‘the agency’’ each place it ap- will make significant progress toward bringing spect to the operation of any vehicle that could pears and inserting ‘‘the authority’’; the HOV facility into compliance with the min- operate legally on that segment before the date (2) in subsection (a)(1)— imum average operating speed performance of the designation. (A) by striking the paragraph heading and in- standard. ‘‘(q) CERTAIN LOGGING VEHICLES IN THE STATE serting ‘‘AUTHORITY OF PUBLIC AUTHORITIES’’; ‘‘(iii) ANNUAL PROGRESS UPDATES.—Until the OF MINNESOTA.— and date on which the Secretary determines that the (B) by striking ‘‘State agency’’ and inserting ‘‘(1) IN GENERAL.—The Secretary shall waive, public authority has brought the HOV facility with respect to a covered logging vehicle, the ‘‘public authority’’; into compliance with this subsection, the public (3) in subsection (b)— application of any vehicle weight limit estab- authority shall submit annual updates that de- (A) by striking ‘‘State agency’’ each place it lished under this section. scribe— appears and inserting ‘‘public authority’’; ‘‘(2) COVERED LOGGING VEHICLE DEFINED.—In ‘‘(I) the actions taken to bring the HOV facil- (B) in paragraph (3)— ity into compliance; and this subsection, the term ‘covered logging vehi- (i) in subparagraph (A) by striking ‘‘and’’ at cle’ means a vehicle that— ‘‘(II) the progress made by those actions. the end; ‘‘(E) COMPLIANCE.—If the public authority ‘‘(A) is transporting raw or unfinished forest (ii) in subparagraph (B) by striking the period fails to bring a facility into compliance under products, including logs, pulpwood, biomass, or at the end and inserting ‘‘; and’’; and subparagraph (D), the Secretary shall subject wood chips; (iii) by adding at the end the following: the public authority to appropriate program ‘‘(B) has a gross vehicle weight of not more ‘‘(C) provides equal access under the same sanctions under section 1.36 of title 23, Code of than 99,000 pounds; rates, terms, and conditions for all public trans- Federal Regulations (or successor regulations), ‘‘(C) has not less than 6 axles; and portation vehicles and over-the-road buses serv- until the performance is no longer degraded. ‘‘(D) is operating on a segment of Interstate ing the public.’’; ‘‘(F) WAIVER.— Route 35 in the State of Minnesota from mile (C) in paragraph (4)(C)— ‘‘(i) IN GENERAL.—Upon the request of a pub- marker 235.4 to mile marker 259.552. (i) in clause (i) by striking ‘‘and’’ at the end; lic authority, the Secretary may waive the com- ‘‘(r) EMERGENCY VEHICLES.— (ii) in clause (ii) by striking the period at the pliance requirements of subparagraph (E), if the ‘‘(1) IN GENERAL.—Notwithstanding subsection end and inserting ‘‘; and’’; and Secretary determines that— (a), a State shall not enforce against an emer- (iii) by adding at the end the following: ‘‘(I) the waiver is in the best interest of the gency vehicle a vehicle weight limit (up to a ‘‘(iii) ensure that over-the-road buses serving traveling public; maximum gross vehicle weight of 86,000 pounds) the public are provided access to the facility ‘‘(II) the public authority is meeting the con- of less than— under the same rates, terms, and conditions as ditions under subparagraph (D); and ‘‘(A) 24,000 pounds on a single steering axle; public transportation buses.’’; and ‘‘(III) the public authority has made a good ‘‘(B) 33,500 pounds on a single drive axle; (D) in paragraph (5)— faith effort to improve the performance of the ‘‘(C) 62,000 pounds on a tandem axle; or (i) by striking subparagraph (A) and inserting facility. the following: ‘‘(D) 52,000 pounds on a tandem rear drive ‘‘(ii) CONDITION.—The Secretary may require, ‘‘(A) SPECIAL RULE.—Before September 30, steer axle. as a condition of providing a waiver under this 2025, if a public authority establishes procedures ‘‘(2) EMERGENCY VEHICLE DEFINED.—In this subparagraph, that a public authority take ad- for enforcing the restrictions on the use of a subsection, the term ‘emergency vehicle’ means a ditional actions, as determined by the Secretary, HOV facility by vehicles described in clauses (i) vehicle designed to be used under emergency to maximize the operating speed performance of and (ii), the public authority may allow the use conditions— the facility, even if such performance is below of the HOV facility by— ‘‘(A) to transport personnel and equipment; the level set under paragraph (2).’’; ‘‘(i) alternative fuel vehicles; and (6) in subsection (f)— and ‘‘(ii) any motor vehicle described in section (A) in paragraph (1), in the matter preceding ‘‘(B) to support the suppression of fires and 30D(d)(1) of the Internal Revenue Code of subparagraph (A), by inserting ‘‘solely’’ before mitigation of other hazardous situations. 1986.’’; and ‘‘operating’’; ‘‘(s) NATURAL GAS VEHICLES.—A vehicle, if (ii) in subparagraph (B) by striking ‘‘2017’’ (B) in paragraph (4)(B)(iii) by striking ‘‘State operated by an engine fueled primarily by nat- and inserting ‘‘2019’’; agency’’ and inserting ‘‘public authority’’; ural gas, may exceed any vehicle weight limit (4) in subsection (c)— (C) by striking paragraph (5); (up to a maximum gross vehicle weight of 82,000 (A) by striking paragraph (1) and inserting (D) by redesignating paragraph (4) as para- pounds) under this section by an amount that is the following: graph (6); and equal to the difference between— ‘‘(1) IN GENERAL.—Notwithstanding section (E) by inserting after paragraph (3) the fol- ‘‘(1) the weight of the vehicle attributable to 301, tolls may be charged under paragraphs (4) lowing: the natural gas tank and fueling system carried and (5) of subsection (b), subject to the require- ‘‘(4) OVER-THE-ROAD BUS.—The term ‘over- by that vehicle; and ments of section 129.’’; and the-road bus’ has the meaning given the term in ‘‘(2) the weight of a comparable diesel tank (B) by striking paragraph (2) and redesig- section 301 of the Americans with Disabilities and fueling system.’’. nating paragraph (3) as paragraph (2); Act of 1990 (42 U.S.C. 12181).

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8707

‘‘(5) PUBLIC AUTHORITY.—The term ‘public au- any part of the application, was submitted be- infrastructure, propane fueling infrastructure, thority’ as used with respect to a HOV facility, fore the deadline specified in section 1604(c)(8) and natural gas fueling infrastructure in those means a State, interstate compact of States, of that Act. corridors by the end of fiscal year 2020.’’. public entity designated by a State, or local gov- SEC. 1412. PROJECTS FOR PUBLIC SAFETY RELAT- (b) CONFORMING AMENDMENT.—The analysis ernment having jurisdiction over the operation ING TO IDLING TRAINS. for chapter 1 of title 23, United States Code, is of the facility.’’; and Section 130(a) of title 23, United States Code, amended by inserting after the item relating to (7) by adding at the end the following: is amended by striking ‘‘and the relocation of section 150 the following: ‘‘(g) CONSULTATION OF MPO.—If a HOV facil- highways to eliminate grade crossings’’ and in- ‘‘151. National electric vehicle charging and hy- ity charging tolls under paragraph (4) or (5) of serting ‘‘the relocation of highways to eliminate drogen, propane, and natural gas subsection (b) is on the Interstate System and grade crossings, and projects at grade crossings fueling corridors.’’. located in a metropolitan planning area estab- to eliminate hazards posed by blocked grade (c) OPERATION OF BATTERY RECHARGING STA- lished in accordance with section 134, the public crossings due to idling trains’’. TIONS IN PARKING AREAS USED BY FEDERAL EM- authority shall consult with the metropolitan SEC. 1413. NATIONAL ELECTRIC VEHICLE CHARG- PLOYEES.— planning organization for the area concerning ING AND HYDROGEN, PROPANE, AND (1) AUTHORIZATION.— the placement and amount of tolls on the facil- NATURAL GAS FUELING CORRIDORS. (A) IN GENERAL.—The Administrator of Gen- ity.’’. (a) IN GENERAL.—Chapter 1 of title 23, United eral Services may install, construct, operate, (c) INTERSTATE SYSTEM RECONSTRUCTION AND States Code, is amended by inserting after sec- and maintain on a reimbursable basis a battery REHABILITATION PILOT PROGRAM.—Section tion 150 the following: recharging station (or allow, on a reimbursable 1216(b) of the Transportation Equity Act for the ‘‘§ 151. National electric vehicle charging and basis, the use of a 120-volt electrical receptacle 21st Century (Public Law 105–178) is amended— hydrogen, propane, and natural gas fueling for battery recharging) in a parking area that is (1) in paragraph (4)— corridors in the custody, control, or administrative juris- (A) in subparagraph (D) by striking ‘‘and’’ at diction of the General Services Administration the end; ‘‘(a) IN GENERAL.—Not later than 1 year after for the use of only privately owned vehicles of (B) in subparagraph (E) by striking the period the date of enactment of the FAST Act, the Sec- employees of the General Services Administra- and inserting ‘‘; and’’; and retary shall designate national electric vehicle tion, tenant Federal agencies, and others who (C) by adding at the end the following: charging and hydrogen, propane, and natural are authorized to park in such area to the ex- ‘‘(F) the State has the authority required for gas fueling corridors that identify the near- and tent such use by only privately owned vehicles the project to proceed.’’; long-term need for, and location of, electric ve- (2) by redesignating paragraphs (6) through hicle charging infrastructure, hydrogen fueling does not interfere with or impede access to the (8) as paragraphs (8) through (10), respectively; infrastructure, propane fueling infrastructure, equipment by Federal fleet vehicles. and and natural gas fueling infrastructure at stra- (B) AREAS UNDER OTHER FEDERAL AGENCIES.— (3) by inserting after paragraph (5) the fol- tegic locations along major national highways The Administrator of General Services (on the lowing: to improve the mobility of passenger and com- request of a Federal agency) or the head of a ‘‘(6) REQUIREMENTS FOR PROJECT COMPLE- mercial vehicles that employ electric, hydrogen Federal agency may install, construct, operate, TION.— fuel cell, propane, and natural gas fueling tech- and maintain on a reimbursable basis a battery ‘‘(A) GENERAL TERM FOR EXPIRATION OF PRO- nologies across the United States. recharging station (or allow, on a reimbursable VISIONAL APPLICATION.—An application provi- ‘‘(b) DESIGNATION OF CORRIDORS.—In desig- basis, the use of a 120-volt electrical receptacle sionally approved by the Secretary under this nating the corridors under subsection (a), the for battery recharging) in a parking area that is subsection shall expire 3 years after the date on Secretary shall— in the custody, control, or administrative juris- which the application was provisionally ap- ‘‘(1) solicit nominations from State and local diction of the requesting Federal agency, to the proved if the State has not— officials for facilities to be included in the cor- extent such use by only privately owned vehi- ‘‘(i) submitted a complete application to the ridors; cles does not interfere with or impede access to Secretary that fully satisfies the eligibility cri- ‘‘(2) incorporate existing electric vehicle the equipment by Federal fleet vehicles. teria under paragraph (3) and the selection cri- charging, hydrogen fueling, propane fueling, (C) USE OF VENDORS.—The Administrator of teria under paragraph (4); and natural gas fueling corridors designated by General Services, with respect to subparagraph ‘‘(ii) completed the environmental review and a State or group of States; and (A) or (B), or the head of a Federal agency, permitting process under the National Environ- ‘‘(3) consider the demand for, and location of, with respect to subparagraph (B), may carry out mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) existing electric vehicle charging stations, hy- such subparagraph through a contract with a for the pilot project; and drogen fueling stations, propane fueling sta- vendor, under such terms and conditions (in- ‘‘(iii) executed a toll agreement with the Sec- tions, and natural gas fueling infrastructure. cluding terms relating to the allocation between retary. ‘‘(c) STAKEHOLDERS.—In designating corridors the Federal agency and the vendor of the costs ‘‘(B) EXCEPTIONS TO EXPIRATION.—Notwith- under subsection (a), the Secretary shall in- of carrying out the contract) as the Adminis- standing subparagraph (A), the Secretary may volve, on a voluntary basis, stakeholders that trator or the head of the Federal agency, as the extend the provisional approval for not more include— case may be, and the vendor may agree to. than 1 additional year if the State demonstrates ‘‘(1) the heads of other Federal agencies; (2) IMPOSITION OF FEES TO COVER COSTS.— material progress toward implementation of the ‘‘(2) State and local officials; (A) FEES.—The Administrator of General project as evidenced by— ‘‘(3) representatives of— Services or the head of the Federal agency ‘‘(i) substantial progress in completing the en- ‘‘(A) energy utilities; under paragraph (1)(B) shall charge fees to the vironmental review and permitting process for ‘‘(B) the electric, fuel cell electric, propane, individuals who use the battery recharging sta- the pilot project under the National Environ- and natural gas vehicle industries; tion in such amount as is necessary to ensure mental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(C) the freight and shipping industry; that the respective agency recovers all of the seq.); ‘‘(D) clean technology firms; costs such agency incurs in installing, con- ‘‘(ii) funding and financing commitments for ‘‘(E) the hospitality industry; structing, operating, and maintaining the sta- the pilot project; ‘‘(F) the restaurant industry; tion. ‘‘(iii) expressions of support for the pilot ‘‘(G) highway rest stop vendors; and (B) DEPOSIT AND AVAILABILITY OF FEES.—Any project from State and local governments, com- ‘‘(H) industrial gas and hydrogen manufac- fees collected by the Administrator of General munity interests, and the public; and turers; and Services or the Federal agency, as the case may ‘‘(iv) submission of a facility management ‘‘(4) such other stakeholders as the Secretary be, under this paragraph shall be— plan pursuant to paragraph (3)(D). determines to be necessary. (i) deposited monthly in the Treasury to the ‘‘(C) CONDITIONS FOR PREVIOUSLY PROVISION- ‘‘(d) REDESIGNATION.—Not later than 5 years credit of the respective agency’s appropriations ALLY APPROVED APPLICATIONS.—A State with a after the date of establishment of the corridors account for the operations of the building where provisionally approved application for a pilot under subsection (a), and every 5 years there- the battery recharging station is located; and project as of the date of enactment of the FAST after, the Secretary shall update and redesig- (ii) available for obligation without further Act shall have 1 year after that date of enact- nate the corridors. appropriation during— ment to meet the requirements of subparagraph ‘‘(e) REPORT.—During designation and redes- (I) the fiscal year collected; and (A) or receive an extension from the Secretary ignation of the corridors under this section, the (II) the fiscal year following the fiscal year under subparagraph (B), or the application will Secretary shall issue a report that— collected. expire. ‘‘(1) identifies electric vehicle charging infra- (3) NO EFFECT ON EXISTING PROGRAMS FOR ‘‘(7) DEFINITION.—In this subsection, the term structure, hydrogen fueling infrastructure, pro- HOUSE AND SENATE.—Nothing in this subsection ‘provisional approval’ or ‘provisionally ap- pane fueling infrastructure, and natural gas affects the installation, construction, operation, proved’ means the approval by the Secretary of fueling infrastructure and standardization or maintenance of battery recharging stations a partial application under this subsection, in- needs for electricity providers, industrial gas by the Architect of the Capitol— cluding the reservation of a slot in the pilot pro- providers, natural gas providers, infrastructure (A) under Public Law 112–170 (2 U.S.C. 2171), gram.’’. providers, vehicle manufacturers, electricity relating to employees of the House of Represent- (d) APPROVAL OF APPLICATIONS.—The Sec- purchasers, and natural gas purchasers; and atives and individuals authorized to park in retary may approve an application submitted ‘‘(2) establishes an aspirational goal of any parking area under the jurisdiction of the under section 1604(c) of SAFETEA–LU (Public achieving strategic deployment of electric vehi- House of Representatives on the Capitol Law 109–59; 119 Stat. 1253) if the application, or cle charging infrastructure, hydrogen fueling Grounds; or

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8708 CONGRESSIONAL RECORD — HOUSE December 1, 2015 (B) under Public Law 112–167 (2 U.S.C. 2170), certifies that the general practice is that such (4) by adding at the end the following: relating to employees of the Senate and individ- an individual will receive 10 days of incarcer- ‘‘(81) United States Route 117/Interstate Route uals authorized to park in any parking area ation)’’; and 795 from United States Route 70 in Goldsboro, under the jurisdiction of the Senate on the Cap- (4) by adding at the end the following: Wayne County, North Carolina, to Interstate itol Grounds. ‘‘(6) SPECIAL EXCEPTION.—The term ‘special Route 40 west of Faison, Sampson County, (4) NO EFFECT ON SIMILAR AUTHORITIES.— exception’ means an exception under a State al- North Carolina. Nothing in this subsection— cohol-ignition interlock law for the following ‘‘(82) United States Route 70 from its intersec- (A) repeals or limits any existing authorities circumstances: tion with Interstate Route 40 in Garner, Wake of a Federal agency to install, construct, oper- ‘‘(A) The individual is required to operate an County, North Carolina, to the Port at More- ate, or maintain battery recharging stations; or employer’s motor vehicle in the course and scope head City, Carteret County, North Carolina. (B) requires a Federal agency to seek reim- of employment and the business entity that ‘‘(83) The Sonoran Corridor along State Route bursement for the costs of installing or con- owns the vehicle is not owned or controlled by 410 connecting Interstate Route 19 and Inter- structing a battery recharging station— the individual. state Route 10 south of the Tucson Inter- (i) that has been installed or constructed prior ‘‘(B) The individual is certified by a medical national Airport. to the date of enactment of this Act; doctor as being unable to provide a deep lung ‘‘(84) The Central Texas Corridor commencing (ii) that is installed or constructed for Federal breath sample for analysis by an ignition inter- at the logical terminus of Interstate Route 10, fleet vehicles, but that receives incidental use to lock device.’’. generally following portions of United States recharge privately owned vehicles; or SEC. 1415. ADMINISTRATIVE PROVISIONS TO EN- Route 190 eastward, passing in the vicinity Fort (iii) that is otherwise installed or constructed COURAGE POLLINATOR HABITAT Hood, Killeen, Belton, Temple, Bryan, College pursuant to appropriations for that purpose. AND FORAGE ON TRANSPORTATION Station, Huntsville, Livingston, and Woodville, (5) ANNUAL REPORT TO CONGRESS.—Not later RIGHTS-OF-WAY. to the logical terminus of Texas Highway 63 at than 2 years after the date of enactment of this (a) IN GENERAL.—Section 319 of title 23, the Sabine River Bridge at Burrs Crossing. Act, and annually thereafter for 10 years, the United States Code, is amended— ‘‘(85) Interstate Route 81 in New York from its Administrator of General Services shall submit (1) in subsection (a) by inserting ‘‘(including intersection with Interstate Route 86 to the to the Committee on Transportation and Infra- the enhancement of habitat and forage for polli- United States-Canadian border. structure of the House of Representatives and nators)’’ before ‘‘adjacent’’; and ‘‘(86) Interstate Route 70 from Denver, Colo- the Committee on Environment and Public (2) by adding at the end the following: rado, to Salt Lake City, Utah. Works of the Senate a report describing— ‘‘(c) ENCOURAGEMENT OF POLLINATOR HABI- ‘‘(87) The Oregon 99W Newberg-Dundee By- (A) the number of battery recharging stations TAT AND FORAGE DEVELOPMENT AND PROTEC- pass Route between Newberg, Oregon, and Day- installed by the Administrator on the Adminis- TION ON TRANSPORTATION RIGHTS-OF-WAY.—In ton, Oregon. trator’s own initiative under this subsection; carrying out any program administered by the ‘‘(88) Interstate Route 205 in Oregon from its (B) requests from other Federal agencies to in- Secretary under this title, the Secretary shall, in intersection with Interstate Route 5 to the Co- stall battery recharging stations; and conjunction with willing States, as appro- lumbia River.’’. (C) the status and disposition of requests from priate— (b) INCLUSION OF CERTAIN ROUTE SEGMENTS ‘‘(1) encourage integrated vegetation manage- other Federal agencies. ON INTERSTATE SYSTEM.—Section 1105(e)(5)(A) (6) FEDERAL AGENCY DEFINED.—In this sub- ment practices on roadsides and other transpor- of the Intermodal Surface Transportation Effi- section, the term ‘‘Federal agency’’ has the tation rights-of-way, including reduced mowing; ciency Act of 1991 (109 Stat. 597; 118 Stat. 293; meaning given the term ‘‘Executive agency’’ in and 119 Stat. 1213) is amended in the first sentence— section 105 of title 5, United States Code, and in- ‘‘(2) encourage the development of habitat (1) by inserting ‘‘subsection (c)(13),’’ after cludes— and forage for Monarch butterflies, other native ‘‘subsection (c)(9),’’; (A) the United States Postal Service; pollinators, and honey bees through plantings (2) by striking ‘‘subsections (c)(18)’’ and all (B) the Executive Office of the President; of native forbs and grasses, including that follows through ‘‘subsection (c)(36)’’ and (C) the military departments (as defined in noninvasive, native milkweed species that can inserting ‘‘subsection (c)(18), subsection (c)(20), section 102 of title 5, United States Code); and serve as migratory way stations for butterflies subparagraphs (A) and (B)(i) of subsection (D) the judicial branch. and facilitate migrations of other pollinators.’’. (c)(26), subsection (c)(36)’’; and (7) EFFECTIVE DATE.—This subsection shall (b) PROVISION OF HABITAT, FORAGE, AND MI- (3) by striking ‘‘and subsection (c)(57)’’ and apply with respect to fiscal year 2016 and each GRATORY WAY STATIONS FOR MONARCH BUTTER- inserting ‘‘subsection (c)(57), subsection succeeding fiscal year. FLIES, OTHER NATIVE POLLINATORS, AND HONEY (c)(68)(B), subsection (c)(81), subsection (c)(82), SEC. 1414. REPEAT OFFENDER CRITERIA. BEES.—Section 329(a)(1) of title 23, United and subsection (c)(83)’’. States Code, is amended by inserting ‘‘provision Section 164(a) of title 23, United States Code, (c) DESIGNATION.—Section 1105(e)(5)(C)(i) of is amended— of habitat, forage, and migratory way stations the Intermodal Surface Transportation Effi- (1) by redesignating paragraphs (1) through for Monarch butterflies, other native polli- ciency Act of 1991 (109 Stat. 598; 126 Stat. 427) (4) as paragraphs (2) through (5), respectively; nators, and honey bees,’’ before ‘‘and aesthetic is amended by striking the final sentence and (2) by inserting before paragraph (2), as redes- enhancement’’. inserting the following: ‘‘The routes referred to ignated, the following: SEC. 1416. HIGH PRIORITY CORRIDORS ON NA- in subparagraphs (A) and (B)(i) of subsection ‘‘(1) 24-7 SOBRIETY PROGRAM.—The term ‘24-7 TIONAL HIGHWAY SYSTEM. (c)(26) and in subsection (c)(68)(B) are des- sobriety program’ has the meaning given the (a) IDENTIFICATION OF HIGH PRIORITY COR- ignated as Interstate Route I–11. The route re- term in section 405(d)(7)(A).’’; RIDORS ON NATIONAL HIGHWAY SYSTEM.—Sec- ferred to in subsection (c)(84) is designated as (3) in paragraph (5), as redesignated— tion 1105(c) of the Intermodal Surface Transpor- Interstate Route I–14.’’. (A) in the matter preceding subparagraph (A), tation Efficiency Act of 1991 (105 Stat. 2032; 112 (d) FUTURE INTERSTATE DESIGNATION.—Sec- by inserting ‘‘or combination of laws or pro- Stat. 190; 119 Stat. 1213) is amended— tion 119(a) of the SAFETEA–LU Technical Cor- grams’’ after ‘‘State law’’; (1) by striking paragraph (13) and inserting rections Act of 2008 (122 Stat. 1608) is amended (B) by amending subparagraph (A) to read as the following: by striking ‘‘and, as a future Interstate Route 66 follows: ‘‘(13) Raleigh-Norfolk Corridor from Raleigh, Spur, the Natcher Parkway in Owensboro, Ken- ‘‘(A) receive, for a period of not less than 1 North Carolina, through Rocky Mount, tucky’’ and inserting ‘‘between Henderson, Ken- year— Williamston, and Elizabeth City, North Caro- tucky, and Owensboro, Kentucky, and, as a fu- ‘‘(i) a suspension of all driving privileges; lina, to Norfolk, Virginia.’’; ture Interstate Route 65 and 66 Spur, the Wil- ‘‘(ii) a restriction on driving privileges that (2) in paragraph (18)(D)— liam H. Natcher Parkway between Bowling limits the individual to operating only motor ve- (A) in clause (ii) by striking ‘‘and’’ at the end; Green, Kentucky, and Owensboro, Kentucky’’. hicles with an ignition interlock device in- (B) in clause (iii) by striking the period at the stalled, unless a special exception applies; end and inserting ‘‘; and’’; and SEC. 1417. WORK ZONE AND GUARD RAIL SAFETY TRAINING. ‘‘(iii) a restriction on driving privileges that (C) by adding at the end the following: limits the individual to operating motor vehicles ‘‘(iv) include Texas State Highway 44 from (a) IN GENERAL.—Section 1409 of SAFETEA– only if participating in, and complying with, a United States Route 59 at Freer, Texas, to Texas LU (23 U.S.C. 401 note) is amended— 24-7 sobriety program; or State Highway 358.’’; (1) by striking the section heading and insert- ‘‘(iv) any combination of clauses (i) through (3) by striking paragraph (68) and inserting ing ‘‘WORK ZONE AND GUARD RAIL SAFETY TRAIN- (iii);’’; the following: ING’’; and (C) by striking subparagraph (B); ‘‘(68) The Washoe County Corridor and the (2) in subsection (b) by adding at the end the (D) by redesignating subparagraphs (C) and Intermountain West Corridor, which shall gen- following: (D) as subparagraphs (B) and (C), respectively; erally follow— ‘‘(4) Development, updating, and delivery of and ‘‘(A) for the Washoe County Corridor, along training courses on guard rail installation, (E) in subparagraph (C), as redesignated— Interstate Route 580/United States Route 95/ maintenance, and inspection.’’. (i) in clause (i)(II) by inserting before the United States Route 95A from Reno, Nevada, to (b) CLERICAL AMENDMENT.—The table of con- semicolon the following: ‘‘(unless the State cer- Las Vegas, Nevada; and tents in section 1(b) of such Act is amended by tifies that the general practice is that such an ‘‘(B) for the Intermountain West Corridor, striking the item relating to section 1409 and in- individual will be incarcerated)’’; and from the vicinity of Las Vegas, Nevada, north serting the following: (ii) in clause (ii)(II) by inserting before the pe- along United States Route 95 terminating at ‘‘Sec. 1409. Work zone and guard rail safety riod at the end the following: ‘‘(unless the State Interstate Route 80.’’; and training.’’.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 6343 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8709 SEC. 1418. CONSOLIDATION OF PROGRAMS. (2) the reduction of maintenance costs and ministrator shall, not more than 1 year after the Section 1519(a) of MAP–21 (126 Stat. 574) is lifecycle costs of bridges, including the costs of completion of the pilot program, submit to the amended by striking ‘‘From administrative new construction, replacement, or rehabilitation Committee on Transportation and Infrastruc- funds’’ and all that follows through ‘‘shall be of deficient bridges; ture of the House of Representatives and the made available’’ and inserting ‘‘For each of fis- (3) the development of construction techniques Committee on Environment and Public Works of cal years 2016 through 2020, before making an to increase safety and reduce construction time the Senate a report on the results of the pilot apportionment under section 104(b)(3) of title 23, and traffic congestion; program. United States Code, the Secretary shall set (4) the development of engineering design cri- (d) SAVINGS PROVISION.—Nothing in this sec- aside, from amounts made available to carry out teria for innovative products and materials for tion may be construed to affect the requirements the highway safety improvement program under use in highway bridges and structures; of section 111 of title 23, United States Code. section 148 of such title for the fiscal year, (5) the development of cost-effective and inno- SEC. 1425. SERVICE CLUB, CHARITABLE ASSOCIA- $3,500,000’’. vative techniques to separate vehicle and pedes- TION, OR RELIGIOUS SERVICE SEC. 1419. ELIMINATION OR MODIFICATION OF trian traffic from railroad traffic; SIGNS. CERTAIN REPORTING REQUIRE- (6) the development of highway bridges and Notwithstanding section 131 of title 23, United MENTS. structures that will withstand natural disasters, States Code, and part 750 of title 23, Code of (a) FUNDAMENTAL PROPERTIES OF ASPHALTS including alternative processes for the seismic Federal Regulations (or successor regulations), REPORT.—Section 6016(e) of the Intermodal Sur- retrofit of bridges; and if a State notifies the Federal Highway Adminis- face Transportation Efficiency Act of 1991 (105 (7) the development of new nondestructive tration, the State may allow the maintenance of Stat. 2183) is repealed. bridge evaluation technologies and techniques. a sign of a service club, charitable association, (b) EXPRESS LANES DEMONSTRATION PROGRAM (b) CONTENTS.—The study commissioned or religious service organization— REPORTS.—Section 1604(b)(7)(B) of SAFETEA– under subsection (a) shall include— (1) that exists on the date of enactment of this LU (23 U.S.C. 129 note) is repealed. (1) an analysis of the performance of bridges Act (or was removed in the 3-year period ending SEC. 1420. FLEXIBILITY FOR PROJECTS. that received funding under the program in on such date of enactment); and (a) AUTHORITY.—With respect to projects eligi- meeting the goals described in paragraphs (1) (2) the area of which is less than or equal to ble for funding under title 23, United States through (7) of subsection (a); 32 square feet. Code, subject to subsection (b) and on request by (2) an analysis of the utility, compared to con- SEC. 1426. MOTORCYCLIST ADVISORY COUNCIL. a State, the Secretary may— ventional materials and technologies, of each of The Secretary, acting through the Adminis- (1) exercise all existing flexibilities under and the innovative materials and technologies used trator of the Federal Highway Administration, exceptions to— in projects for bridges under the program in shall appoint a Motorcyclist Advisory Council to (A) the requirements of title 23, United States meeting the needs of the United States in 2015 coordinate with and advise the Administrator Code; and and in the future for a sustainable and low on infrastructure issues of concern to motorcy- (B) other requirements administered by the lifecycle cost transportation system; clists, including— Secretary, in whole or part; and (3) recommendations to Congress on how the (1) barrier design; (2) otherwise provide additional flexibility or installed and lifecycle costs of bridges could be (2) road design, construction, and mainte- expedited processing with respect to the require- reduced through the use of innovative materials nance practices; and ments described in paragraph (1). and technologies, including, as appropriate, any (3) the architecture and implementation of in- (b) MAINTAINING PROTECTIONS.—Nothing in changes in the design and construction of telligent transportation system technologies. this section— bridges needed to maximize the cost reductions; SEC. 1427. HIGHWAY WORK ZONES. (1) waives the requirements of section 113 or and It is the sense of Congress that the Federal 138 of title 23, United States Code; (4) a summary of any additional research that Highway Administration should— (2) supersedes, amends, or modifies— may be needed to further evaluate innovative (A) the National Environmental Policy Act of (1) do all within its power to protect workers approaches to reducing the installed and in highway work zones; and 1969 (42 U.S.C. 4321 et seq.) or any other Federal lifecycle costs of highway bridges. environmental law; or (2) move rapidly to finalize regulations, as di- (c) PUBLIC COMMENT.—Before commissioning rected in section 1405 of MAP–21 (126 Stat. 560), (B) any requirement of title 23 or title 49, the study under subsection (a), the Adminis- United States Code; or to protect the lives and safety of construction trator shall provide an opportunity for public workers in highway work zones from vehicle in- (3) affects the responsibility of any Federal of- comment on the study proposal. ficer to comply with or enforce any law or re- trusions. (d) DATA FROM STATES.—Each State that re- quirement described in this subsection. SEC. 1428. USE OF DURABLE, RESILIENT, AND ceived funds under the program shall provide to SUSTAINABLE MATERIALS AND SEC. 1421. PRODUCTIVE AND TIMELY EXPENDI- the Transportation Research Board any rel- PRACTICES. TURE OF FUNDS. evant data needed to carry out the study com- To the extent practicable, the Secretary shall (a) IN GENERAL.—Not later than 1 year after missioned under subsection (a). the date of enactment of this Act, the Secretary encourage the use of durable, resilient, and sus- (e) DEADLINE.—The Administrator shall sub- tainable materials and practices, including the shall develop guidance that encourages the use mit to Congress the study commissioned under of programmatic approaches to project delivery, use of geosynthetic materials and other innova- subsection (a) not later than 3 years after the tive technologies, in carrying out the activities expedited and prudent procurement techniques, date of enactment of this Act. and other best practices to facilitate productive, of the Federal Highway Administration. effective, and timely expenditure of funds for SEC. 1423. RELINQUISHMENT OF PARK-AND-RIDE SEC. 1429. IDENTIFICATION OF ROADSIDE HIGH- LOT FACILITIES. projects eligible for funding under title 23, WAY SAFETY HARDWARE DEVICES. A State transportation agency may relinquish United States Code. (a) STUDY.—The Secretary shall conduct a park-and-ride lot facilities or portions of park- (b) IMPLEMENTATION.—The Secretary shall study on methods for identifying roadside high- work with States to ensure that any guidance and-ride lot facilities to a local government way safety hardware devices to improve the developed under subsection (a) is consistently agency for highway purposes if authorized to do data collected on the devices, as necessary for implemented by States and the Federal Highway so under State law if the agreement providing in-service evaluation of the devices. Administration to— for the relinquishment provides that— (b) CONTENTS.—In conducting the study under (1) avoid unnecessary delays in completing (1) rights-of-way on the Interstate System will subsection (a), the Secretary shall evaluate projects; remain available for future highway improve- identification methods based on the ability of (2) minimize cost overruns; and ments; and the method— (3) ensure the effective use of Federal fund- (2) modifications to the facilities that could (1) to convey information on the devices, in- ing. impair the highway or interfere with the free cluding manufacturing date, factory of origin, SEC. 1422. STUDY ON PERFORMANCE OF and safe flow of traffic are subject to the ap- product brand, and model; BRIDGES. proval of the Secretary. (2) to withstand roadside conditions; and (a) IN GENERAL.—Subject to subsection (c), the SEC. 1424. PILOT PROGRAM. (3) to connect to State and regional inven- Administrator of the Federal Highway Adminis- (a) IN GENERAL.—The Administrator of the tories of similar devices. tration (referred to in this section as the ‘‘Ad- Federal Highway Administration (referred to in (c) IDENTIFICATION METHODS.—The identifica- ministrator’’) shall commission the Transpor- this section as the ‘‘Administrator’’) may estab- tion methods to be studied under this section in- tation Research Board of the National Academy lish a pilot program that allows a State to uti- clude stamped serial numbers, radio-frequency of Sciences to conduct a study on the perform- lize innovative approaches to maintain the identification, and such other methods as the ance of bridges that received funding under the right-of-way of Federal-aid highways within Secretary determines appropriate. innovative bridge research and construction the State. (d) REPORT TO CONGRESS.—Not later than program (referred to in this section as the ‘‘pro- (b) LIMITATION.—A pilot program established January 1, 2018, the Secretary shall submit to gram’’) under section 503(b) of title 23, United under subsection (a) shall— Congress a report on the results of the study States Code (as in effect on the day before the (1) terminate after not more than 4 years; under subsection (a). date of enactment of SAFETEA–LU (Public Law (2) include not more than 5 States; and SEC. 1430. USE OF MODELING AND SIMULATION 109–59; 119 Stat. 1144)) in meeting the goals of (3) be subject to guidelines published by the TECHNOLOGY. that program, which included— Administrator. It is the sense of Congress that the Depart- (1) the development of new, cost-effective in- (c) REPORT.—If the Administrator establishes ment should utilize, to the fullest and most eco- novative material highway bridge applications; a pilot program under subsection (a), the Ad- nomically feasible extent practicable, modeling

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8710 CONGRESSIONAL RECORD — HOUSE December 1, 2015 and simulation technology to analyze highway (7) provide for development of transportation tion under subsection (a), and the reconstruc- and public transportation projects authorized by investment, data, and planning tools to assist tion shall be considered an emergency under this Act to ensure that these projects— Federal, State, and local officials in making in- that regulation. (1) will increase transportation capacity and vestment decisions relating to transportation (4) NATIONAL HISTORIC PRESERVATION ACT EX- safety, alleviate congestion, and reduce travel projects that improve travel and tourism; and EMPTION.—Reconstruction under subsection (a) time and environmental impacts; and (8) address other issues of transportation pol- is eligible for an exemption from the require- (2) are as cost effective as practicable. icy and programs impacting the movement of ments of the National Historic Preservation Act SEC. 1431. NATIONAL ADVISORY COMMITTEE ON travelers for tourism and recreational purposes, of 1966 pursuant to part 78 of title 36, Code of TRAVEL AND TOURISM INFRASTRUC- including by making legislative recommenda- Federal Regulations (as in effect on the date of TURE. tions. enactment of this Act). (a) FINDINGS.—Congress finds that— (e) NATIONAL TRAVEL AND TOURISM INFRA- (5) ENDANGERED SPECIES ACT EXEMPTION.—An (1) 1 out of every 9 jobs in the United States STRUCTURE STRATEGIC PLAN.—Not later than 3 exemption from the requirements of the Endan- depends on travel and tourism, and the industry years after the date of enactment of this Act, gered Species Act of 1973 (16 U.S.C. 1531 et seq.) supports 15,000,000 jobs in the United States; pursuant to section 7(p) of that Act (16 U.S.C. (2) the travel and tourism industry employs the Secretary, in consultation with the Com- mittee, State departments of transportation, and 1536(p)) shall apply to reconstruction under sub- individuals in all 50 States, the District of Co- section (a) and, if the President makes the de- lumbia, and all of the territories of the United other appropriate public and private transpor- tation stakeholders, shall develop and post on termination required under section 7(p) of that States; Act, the determinations required under sub- (3) international travel to the United States is the public Internet website of the Department a sections (g) and (h) of that section shall be the single largest export industry in the United national travel and tourism infrastructure stra- deemed to be made. States, generating a trade surplus balance of tegic plan that includes— (6) EXPEDITED CONSULTATION UNDER ENDAN- approximately $74,000,000,000; (1) an assessment of the condition and per- GERED SPECIES ACT.—Expedited consultation (4) travel and tourism provide significant eco- formance of the national transportation net- pursuant to section 402.05 of title 50, Code of nomic benefits to the United States by gener- work; Federal Regulations (as in effect on the date of ating nearly $2,100,000,000,000 in annual eco- (2) an identification of the issues on the na- enactment of this Act) shall apply to reconstruc- nomic output; and tional transportation network that create sig- (5) the United States intermodal transpor- nificant congestion problems and barriers to tion under subsection (a). (7) OTHER EXEMPTIONS.—Any reconstruction tation network facilitates the large-scale move- long-haul passenger travel and tourism, that is exempt under paragraph (5) shall also be ment of business and leisure travelers, and is the (3) forecasts of long-haul passenger travel and tourism volumes for the 20-year period begin- exempt from requirements under— most important asset of the travel industry. (A) the Migratory Bird Treaty Act (16 U.S.C. (b) ESTABLISHMENT.—Not later than 180 days ning in the year during which the plan is 703 et seq.); after the date of enactment of this Act, the Sec- issued; (B) the Wild and Scenic Rivers Act (16 U.S.C. retary shall establish an advisory committee to (4) an identification of the major transpor- 1271 et seq.); and be known as the National Advisory Committee tation facilities and corridors for current and (C) the Fish and Wildlife Coordination Act (16 on Travel and Tourism Infrastructure (referred forecasted long-haul travel and tourism vol- U.S.C. 661 et seq.). to in this section as the ‘‘Committee’’) to provide umes, the identification of which shall be re- SEC. 1433. REPORT ON HIGHWAY TRUST FUND AD- information, advice, and recommendations to vised, as appropriate, in subsequent plans; MINISTRATIVE EXPENDITURES. the Secretary on matters relating to the role of (5) an assessment of statutory, regulatory, (a) INITIAL REPORT.—Not later than 150 days intermodal transportation in facilitating mobil- technological, institutional, financial, and other after the date of enactment of this Act, the ity related to travel and tourism activities. barriers to improved long-haul passenger travel Comptroller General of the United States shall (c) MEMBERSHIP.—The Committee shall— performance (including opportunities for over- submit to Congress a report describing the ad- (1) be composed of members appointed by the coming the barriers); ministrative expenses of the Federal Highway Secretary for terms of not more than 3 years; (6) best practices for improving the perform- Administration funded from the Highway Trust and ance of the national transportation network; Fund during the 3 most recent fiscal years. (2) include a representative cross-section of and (b) UPDATES.—Not later than 5 years after the public and private sector stakeholders involved (7) strategies to improve intermodal date on which the report is submitted under in the travel and tourism industry, including connectivity for long-haul passenger travel and subsection (a) and every 5 years thereafter, the representatives of— tourism. Comptroller General shall submit to Congress a (A) the travel and tourism industry, product report that updates the information provided in and service providers, and travel and tourism- SEC. 1432. EMERGENCY EXEMPTIONS. the report under that subsection for the pre- related associations; (a) IN GENERAL.—Any road, highway, rail- (B) travel, tourism, and destination marketing way, bridge, or transit facility that is damaged ceding 5-year period. (c) INCLUSIONS.—Each report submitted under organizations; by an emergency that is declared by the Gov- (C) the travel and tourism-related workforce; ernor of the State, with the concurrence of the subsection (a) or (b) shall include a description (D) State tourism offices; Secretary of Homeland Security, or declared as of— (E) State departments of transportation; an emergency by the President pursuant to the (1) the types of administrative expenses of pro- (F) regional and metropolitan planning orga- Robert T. Stafford Disaster Relief and Emer- grams and offices funded by the Highway Trust nizations; and gency Assistance Act (42 U.S.C. 5121 et seq.), Fund; (G) local governments. and that is in operation or under construction (2) the tracking and monitoring of administra- (d) ROLE OF COMMITTEE.—The Committee on the date on which the emergency occurs may tive expenses; (3) the controls in place to ensure that fund- shall— be reconstructed in the same location with the ing for administrative expenses is used as effi- (1) advise the Secretary on current and emerg- same capacity, dimensions, and design as before ing priorities, issues, projects, and funding ciently as practicable; and the emergency subject to the exemptions and ex- (4) the flexibility of the Department to reallo- needs related to the use of the intermodal trans- pedited procedures under subsection (b). portation network of the United States to facili- cate amounts from the Highway Trust Fund be- (b) EXEMPTIONS AND EXPEDITED PROCE- tate travel and tourism; tween full-time equivalent employees and other DURES.— (2) serve as a forum for discussion for travel functions. (1) ALTERNATIVE ARRANGEMENTS.—Alternative and tourism stakeholders on transportation SEC. 1434. AVAILABILITY OF REPORTS. arrangements for an emergency under section issues affecting interstate and interregional mo- (a) IN GENERAL.—The Secretary shall make 1506.11 of title 40, Code of Federal Regulations bility of passengers; available to the public on the website of the De- (as in effect on the date of enactment of this (3) promote the sharing of information be- partment any report required to be submitted by Act) shall apply to reconstruction under sub- tween the private and public sectors on trans- the Secretary to Congress after the date of en- section (a), and the reconstruction shall be con- portation issues impacting travel and tourism; actment of this Act. (4) gather information, develop technical ad- sidered necessary to control the immediate im- (b) DEADLINE.—Each report described in sub- vice, and make recommendations to the Sec- pacts of the emergency. section (a) shall be made available on the retary on policies that improve the condition (2) STORMWATER DISCHARGE PERMITS.—A gen- website not later than 30 days after the report is and performance of an integrated national eral permit for stormwater discharges from con- submitted to Congress. transportation system that— struction activities, if available, issued by the SEC. 1435. APPALACHIAN DEVELOPMENT HIGH- (A) is safe, economical, and efficient; and Administrator of the Environmental Protection WAY SYSTEM. (B) maximizes the benefits to the United Agency or the director of a State program under Section 1528 of MAP–21 (40 U.S.C. 14501 note; States generated through the travel and tourism section 402(p) of the Federal Water Pollution Public Law 112–141) is amended— industry; Control Act (33 U.S.C. 1342(p)), as applicable, (1) by striking ‘‘2021’’ each place it appears (5) identify critical transportation facilities shall apply to reconstruction under subsection and inserting ‘‘2050’’; and and corridors that facilitate and support the (a), on submission of a notice of intent to be (2) by striking ‘‘shall be 100 percent’’ each interstate and interregional transportation of subject to the permit. place it appears and inserting ‘‘shall be up to passengers for tourism, commercial, and rec- (3) EMERGENCY PROCEDURES.—The emergency 100 percent, as determined by the State’’. reational activities; procedures for issuing permits in accordance SEC. 1436. APPALACHIAN REGIONAL DEVELOP- (6) provide for development of measures of with section 325.2(e)(4) of title 33, Code of Fed- MENT PROGRAM. condition, safety, and performance for transpor- eral Regulations (as in effect on the date of en- (a) HIGH-SPEED BROADBAND DEVELOPMENT tation related to travel and tourism; actment of this Act) shall apply to reconstruc- INITIATIVE.—

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(1) IN GENERAL.—Subchapter I of chapter 145 the Governor of a State that shares a land bor- (2) the unobligated balances as of September of subtitle IV of title 40, United States Code, is der with Canada or Mexico may designate for 30, 2019, for all programs to which the rescission amended by adding at the end the following: each fiscal year not more than 5 percent of the applies in such State. ‘‘§ 14509. High-speed broadband deployment funds made available to the State under section SEC. 1439. ELIMINATION OF BARRIERS TO IM- initiative 133(d)(1)(B) of title 23, United States Code, for PROVE AT-RISK BRIDGES. ‘‘(a) IN GENERAL.—The Appalachian Regional border infrastructure projects eligible under sec- (a) TEMPORARY AUTHORIZATION.— Commission may provide technical assistance, tion 1303 of SAFETEA–LU (23 U.S.C. 101 note; (1) IN GENERAL.—Until the Secretary of the make grants, enter into contracts, or otherwise 119 Stat. 1207). Interior takes the action described in subsection provide amounts to individuals or entities in the (b) USE OF FUNDS.—Funds designated under (b), the take of nesting swallows to facilitate a Appalachian region for projects and activities— this section shall be available under the require- construction project on a bridge eligible for ‘‘(1) to increase affordable access to ments of section 1303 of SAFETEA–LU (23 funding under title 23, United States Code, with broadband networks throughout the Appa- U.S.C. 101 note; 119 Stat. 1207). any component condition rating of 3 or less (as lachian region; (c) CERTIFICATION.—Before making a designa- defined by the National Bridge Inventory Gen- ‘‘(2) to conduct research, analysis, and train- tion under subsection (a), the Governor shall eral Condition Guidance issued by the Federal ing to increase broadband adoption efforts in certify that the designation is consistent with Highway Administration) is authorized under the Appalachian region; transportation planning requirements under the Migratory Bird Treaty Act (16 U.S.C. 703 et ‘‘(3) to provide technology assets, including title 23, United States Code. seq.) between April 1 and August 31. computers, smartboards, and video projectors to (d) NOTIFICATION.—Not later than 30 days (2) MEASURES TO MINIMIZE IMPACTS.— educational systems throughout the Appa- after making a designation under subsection (a), (A) NOTIFICATION BEFORE TAKING.—Prior to lachian region; the Governor shall submit to the relevant trans- the taking of nesting swallows authorized under ‘‘(4) to increase distance learning opportuni- portation planning organizations within the paragraph (1), any person taking that action ties throughout the Appalachian region; border region a written notification of any sub- shall submit to the Secretary of the Interior a ‘‘(5) to increase the use of telehealth tech- allocated or distributed amount of funds avail- document that contains— nologies in the Appalachian region; and able for obligation by jurisdiction. (i) the name of the person acting under the ‘‘(6) to promote e-commerce applications in the (e) LIMITATION.—This section applies only to authority of paragraph (1) to take nesting swal- Appalachian region. funds apportioned to a State after the date of lows; ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of enactment of this Act. (ii) a list of practicable measures that will be the cost of any activity eligible for a grant (f) DEADLINE FOR DESIGNATION.—A designa- undertaken to minimize or mitigate significant under this section— tion under subsection (a) shall— adverse impacts on the population of that spe- ‘‘(1) not more than 50 percent may be provided (1) be submitted to the Secretary not later cies; from amounts appropriated to carry out this than 30 days before the first day of the fiscal (iii) the time period during which activities section; and year for which the designation is being made; will be carried out that will result in the taking ‘‘(2) notwithstanding paragraph (1)— and of that species; and ‘‘(A) in the case of a project to be carried out (2) remain in effect for the funds designated (iv) an estimate of the number of birds, by spe- in a county for which a distressed county des- under subsection (a) for a fiscal year until the cies, to be taken in the proposed action. ignation is in effect under section 14526, not Governor of the State notifies the Secretary of (B) NOTIFICATION AFTER TAKING.—Not later more than 80 percent may be provided from the termination of the designation. than 60 days after the taking of nesting swal- amounts appropriated to carry out this section; (g) UNOBLIGATED FUNDS AFTER TERMI- lows authorized under paragraph (1), any per- and NATION.—Effective beginning on the date of a son taking that action shall submit to the Sec- ‘‘(B) in the case of a project to be carried out termination under subsection (f)(2), all remain- retary of the Interior a document that contains in a county for which an at-risk designation is ing unobligated funds that were designated the number of birds, by species, taken in the ac- in effect under section 14526, not more than 70 under subsection (a) for the fiscal year for tion. percent may be provided from amounts appro- which the designation is being terminated shall (b) AUTHORIZATION OF TAKE.— priated to carry out this section. be made available to the State for the purposes (1) IN GENERAL.—The Secretary of the Inte- ‘‘(c) SOURCES OF ASSISTANCE.—Subject to sub- described in section 133(d)(1)(B) of title 23, rior, in consultation with the Secretary, shall section (b), a grant provided under this section United States Code. promulgate a regulation under the authority of may be provided from amounts made available section 3 of the Migratory Bird Treaty Act (16 to carry out this section in combination with SEC. 1438. ADJUSTMENTS. U.S.C. 704) authorizing the take of nesting swal- amounts made available— (a) IN GENERAL.—On July 1, 2020, of the unob- ‘‘(1) under any other Federal program; or ligated balances of funds apportioned among lows to facilitate bridge repair, maintenance, or ‘‘(2) from any other source. the States under chapter 1 of title 23, United construction— ‘‘(d) FEDERAL SHARE.—Notwithstanding any States Code, a total of $7,569,000,000 is perma- (A) without individual permit requirements; provision of law limiting the Federal share nently rescinded. and under any other Federal program, amounts (b) EXCLUSIONS FROM RESCISSION.—The re- (B) under terms and conditions determined to made available to carry out this section may be scission under subsection (a) shall not apply to be consistent with treaties relating to migratory used to increase that Federal share, as the Ap- funds distributed in accordance with— birds that protect swallow species occurring in palachian Regional Commission determines to be (1) sections 104(b)(3) and 130(f) of title 23, the United States. appropriate.’’. United States Code; (2) TERMINATION.—On the effective date of a (2) CONFORMING AMENDMENT.—The analysis (2) section 133(d)(1)(A) of such title; final rule under this subsection by the Secretary for chapter 145 of title 40, United States Code, is (3) the first sentence of section 133(d)(3)(A) of of the Interior, subsection (a) shall have no amended by inserting after the item relating to such title, as in effect on the day before the date force or effect. section 14508 the following: of enactment of MAP–21 (Public Law 112–141); (c) SUSPENSION OR WITHDRAWAL OF TAKE AU- THORIZATION.—If the Secretary of the Interior, ‘‘14509. High-speed broadband deployment ini- (4) sections 133(d)(1) and 163 of such title, as in consultation with the Secretary, determines tiative.’’. in effect on the day before the date of enactment (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- of SAFETEA–LU (Public Law 109–59); and that taking of nesting swallows carried out tion 14703 of title 40, United States Code, is (5) section 104(b)(5) of such title, as in effect under the authority provided in subsection amended— on the day before the date of enactment of (a)(1) is having a significant adverse impact on (1) in subsection (a)(5), by striking ‘‘fiscal MAP–21 (Public Law 112–141). swallow populations, the Secretary of the Inte- year 2012’’ and inserting ‘‘each of fiscal years (c) DISTRIBUTION AMONG STATES.—The rior may suspend that authority through publi- 2012 through 2020’’; amount to be rescinded under this section from cation in the Federal Register. (2) by redesignating subsections (c) and (d) as a State shall be determined by multiplying the SEC. 1440. AT-RISK PROJECT PREAGREEMENT AU- subsections (d) and (e), respectively; and total amount of the rescission in subsection (a) THORITY. (3) by inserting after subsection (b) the fol- by the ratio that— (a) DEFINITION OF PRELIMINARY ENGINEER- lowing: (1) the unobligated balances subject to the re- ING.—In this section, the term ‘‘preliminary en- ‘‘(c) HIGH-SPEED BROADBAND DEPLOYMENT scission as of September 30, 2019, for the State; gineering’’ means allowable preconstruction INITIATIVE.—Of the amounts made available bears to project development and engineering costs. under subsection (a), $10,000,000 may be used to (2) the unobligated balances subject to the re- (b) AT-RISK PROJECT PREAGREEMENT AUTHOR- carry out section 14509 for each of fiscal years scission as of September 30, 2019, for all States. ITY.—A recipient or subrecipient of Federal-aid 2016 through 2020.’’. (d) DISTRIBUTION WITHIN EACH STATE.—The funds under title 23, United States Code, may— (c) TERMINATION.—Section 14704 of title 40, amount to be rescinded under this section from (1) incur preliminary engineering costs for an United States Code, is amended by striking each program to which the rescission applies eligible project under title 23, United States ‘‘2012’’ and inserting ‘‘2020’’. within a State shall be determined by multi- Code, before receiving project authorization (d) EFFECTIVE DATE.—This section and the plying the required rescission amount calculated from the State, in the case of a subrecipient, amendments made by this section take effect on under subsection (c) for such State by the ratio and the Secretary to proceed with the project; October 1, 2015. that— and SEC. 1437. BORDER STATE INFRASTRUCTURE. (1) the unobligated balance as of September (2) request reimbursement of applicable Fed- (a) IN GENERAL.—After consultation with rel- 30, 2019, for such program in such State; bears eral funds after the project authorization is re- evant transportation planning organizations, to ceived.

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(c) ELIGIBILITY.—The Secretary may reim- of infrastructure projects available for invest- identify and deploy proven innovative practices burse preliminary engineering costs incurred by ment; and products that— a recipient or subrecipient under subsection (F) to bundle smaller-scale and rural projects (1) accelerate innovation deployment; (b)— into larger proposals that may be more attrac- (2) shorten the project delivery process; (1) if the costs meet all applicable require- tive for investment; and (3) improve environmental sustainability; ments under title 23, United States Code, at the (G) to reduce transaction costs for public (4) enhance roadway safety; and time the costs are incurred and the Secretary project sponsors. (5) reduce congestion. concurs that the requirements have been met; (e) ANNUAL REPORT.—Not less frequently than (c) INNOVATION DEPLOYMENT.— (2) in the case of a project located within a once each year, the Secretary shall submit to (1) IN GENERAL.—At least every 2 years, the designated nonattainment or maintenance area Congress a report that describes the findings Administrator shall work collaboratively with for air quality, if the conformity requirements of and effectiveness of the program. stakeholders to identify a new collection of in- the Clean Air Act (42 U.S.C. 7401 et seq.) have (f) AUTHORIZATION OF APPROPRIATIONS.— novations, best practices, and data to be de- been met; and There is authorized to be appropriated to carry ployed to highway stakeholders through case (3) if the costs would have been allowable if out the program $12,000,000, of which the Sec- studies, webinars, and demonstration projects. incurred after the date of the project authoriza- retary shall use— (2) REQUIREMENTS.—In identifying a collec- tion by the Department. (1) $11,750,000 for initial grants to regional in- tion described in paragraph (1), the Secretary (d) AT-RISK.—A recipient or subrecipient that frastructure accelerators under subsection (b); shall take into account market readiness, im- elects to use the authority provided under this and pacts, benefits, and ease of adoption of the in- section shall— (2) $250,000 for administrative costs of car- novation or practice. (1) assume all risk for preliminary engineering rying out the program. (d) PUBLICATION.—Each collection identified costs incurred prior to project authorization; SEC. 1442. SAFETY FOR USERS. under subsection (c) shall be published by the and (a) IN GENERAL.—The Secretary shall encour- Administrator on a publicly available Web site. (2) be responsible for ensuring and dem- age each State and metropolitan planning orga- SEC. 1445. WATER INFRASTRUCTURE FINANCE onstrating to the Secretary that all applicable nization to adopt standards for the design of AND INNOVATION. cost eligibility conditions are met after the au- Federal surface transportation projects that Section 5028(a) of the Water Resources Reform thorization is received. provide for the safe and adequate accommoda- and Development Act of 2014 (33 U.S.C. 3907(a)) (e) RESTRICTIONS.—Nothing in this section— (1) allows a recipient or subrecipient to use tion (as determined by the State) of all users of is amended— the authority under this section to advance a the surface transportation network, including (1) by striking paragraph (5); and project beyond preliminary engineering prior to motorized and nonmotorized users, in all phases (2) by redesignating paragraphs (6) and (7) as the completion of the environmental review of project planning, development, and oper- paragraphs (5) and (6), respectively. process; ation. SEC. 1446. TECHNICAL CORRECTIONS. (2) waives the applicability of Federal require- (b) REPORT.—Not later than 2 years after the (a) TITLE 23.—Title 23, United States Code, is ments to a project other than the reimbursement date of enactment of this Act, the Secretary amended as follows: of preliminary engineering costs incurred prior shall make available to the public a report cata- (1) Section 119(d)(1)(A) is amended by striking to an authorization to proceed in accordance loging examples of State law or State transpor- ‘‘mobility,’’ and inserting ‘‘congestion reduc- with this section; or tation policy that provide for the safe and ade- tion, system reliability,’’. (3) guarantees Federal funding of the project quate accommodation of all users of the surface (2) Section 126(b)(1) is amended by striking or the eligibility of the project for future Fed- transportation network, in all phases of project ‘‘133(d)’’ and inserting ‘‘133(d)(1)(A)’’. eral-aid highway funding. planning, development, and operation. (3) Section 127(a)(3) is amended by striking SEC. 1441. REGIONAL INFRASTRUCTURE ACCEL- (c) BEST PRACTICES.—Based on the report ‘‘118(b)(2) of this title’’ and inserting ‘‘118(b)’’. ERATOR DEMONSTRATION PRO- under subsection (b), the Secretary shall iden- (4) Section 150(b)(5) is amended by striking GRAM. tify and disseminate examples of best practices ‘‘national freight network’’ and inserting ‘‘Na- (a) IN GENERAL.—The Secretary shall estab- where States have adopted measures that have tional Highway Freight Network’’. lish a regional infrastructure demonstration successfully provided for the safe and adequate (5) Section 150(c)(3)(B) is amended by striking program (referred to in this section as the ‘‘pro- accommodation of all users of the surface trans- the semicolon at the end and inserting a period. gram’’) to assist entities in developing improved portation network in all phases of project plan- (6) Section 150(e)(4) is amended by striking infrastructure priorities and financing strategies ning, development, and operation. ‘‘National Freight Strategic Plan’’ and inserting for the accelerated development of a project that SEC. 1443. SENSE OF CONGRESS. ‘‘national freight strategic plan’’. is eligible for funding under the TIFIA program It is the sense of Congress that the engineer- (7) Section 153(h)(2) is amended by striking under chapter 6 of title 23, United States Code. ing industry of the United States continues to ‘‘paragraphs (1) through (3)’’ and inserting (b) DESIGNATION OF REGIONAL INFRASTRUC- provide critical technical expertise, innovation, ‘‘paragraphs (1), (2), and (4)’’. TURE ACCELERATORS.—In carrying out the pro- and local knowledge to Federal and State agen- (8) Section 154(c) is amended— gram, the Secretary may designate regional in- cies in order to efficiently deliver surface trans- (A) in paragraph (1) by striking ‘‘paragraphs frastructure accelerators that will— portation projects to the public, and Congress (1), (3), and (4)’’ and inserting ‘‘paragraphs (1), (1) serve a defined geographic area; and recognizes the valuable contributions made by (2), and (4)’’; (2) act as a resource in the geographic area to the engineering industry of the United States (B) in paragraph (3)(A) by striking ‘‘trans- qualified entities in accordance with this sec- and urges the Secretary to reinforce those part- ferred’’ and inserting ‘‘reserved’’; and tion. nerships by encouraging State and local agen- (C) in paragraph (5)— (c) APPLICATION.—To be eligible for a designa- cies to take full advantage of engineering indus- (i) in the matter preceding subparagraph (A) tion under subsection (b), a proposed regional try capabilities to strengthen project perform- by inserting ‘‘or released’’ after ‘‘transferred’’; infrastructure accelerator shall submit to the ance, improve domestic competitiveness, and cre- and Secretary a proposal at such time, in such man- ate jobs. (ii) in subparagraph (A) by striking ‘‘under ner, and containing such information as the SEC. 1444. EVERY DAY COUNTS INITIATIVE. section 104(b)(l)’’ and inserting ‘‘under section Secretary may require. 104(b)(1)’’. (d) CRITERIA.—In evaluating a proposal sub- (a) IN GENERAL.—It is in the national interest (9) Section 163(f)(2) is amended by striking mitted under subsection (c), the Secretary shall for the Department, State departments of trans- ‘‘118(b)(2)’’ and inserting ‘‘118(b)’’. consider— portation, and all other recipients of Federal (1) the need for geographic diversity among transportation funds— (10) Section 164(b) is amended— regional infrastructure accelerators; and (1) to identify, accelerate, and deploy innova- (A) in paragraph (3)(A) by striking ‘‘trans- (2) the ability of the proposal to promote in- tion aimed at shortening project delivery, en- ferred’’ and inserting ‘‘reserved’’; and vestment in covered infrastructure projects, hancing the safety of the roadways of the (B) in paragraph (5) by inserting ‘‘or re- which shall include a plan— United States, and protecting the environment; leased’’ after ‘‘transferred’’. (A) to evaluate and promote innovative fi- (2) to ensure that the planning, design, engi- (11) Section 165(c)(7) is amended by striking nancing methods for local projects, including neering, construction, and financing of trans- ‘‘paragraphs (2), (4), (7), (8), (14), and (19) of the use of the TIFIA program under chapter 6 portation projects is done in an efficient and ef- section 133(b)’’ and inserting ‘‘paragraphs (1) of title 23, United States Code; fective manner; through (4) of section 133(c) and section (B) to build capacity of State, local, and tribal (3) to promote the rapid deployment of proven 133(b)(12)’’. governments to evaluate and structure projects solutions that provide greater accountability for (12) Section 202(b)(3) is amended— involving the investment of private capital; public investments and encourage greater pri- (A) in subparagraph (A)(i), in the matter pre- (C) to provide technical assistance and infor- vate sector involvement; and ceding subclause (I), by inserting ‘‘(a)(6),’’ after mation on best practices with respect to financ- (4) to create a culture of innovation within ‘‘subsections’’; and ing the projects; the highway community. (B) in subparagraph (C)(ii)(IV), by striking (D) to increase transparency with respect to (b) EVERY DAY COUNTS INITIATIVE.—To ad- ‘‘(III).]’’ and inserting ‘‘(III).’’. infrastructure project analysis and using inno- vance the policy described in subsection (a), the (13) Section 217(a) is amended by striking vative financing for public infrastructure Administrator of the Federal Highway Adminis- ‘‘104(b)(3)’’ and inserting ‘‘104(b)(4)’’. projects; tration shall continue the Every Day Counts (14) Section 515 is amended by striking ‘‘this (E) to deploy predevelopment capital programs initiative to work with States, local transpor- chapter’’ each place it appears and inserting designed to facilitate the creation of a pipeline tation agencies, and industry stakeholders to ‘‘sections 512 through 518’’.

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(b) TITLE 49.—Section 6302(b)(3)(B)(vi)(III) of ‘‘(i) the availability of future funds being ‘‘(i) $50,000,000; and’’; and title 49, United States Code, is amended by strik- made available to carry out the TIFIA program; (III) in clause (ii) by striking ‘‘assistance’’; ing ‘‘6310’’ and inserting ‘‘6309’’. and and (c) SAFETEA–LU.—Section 4407 of ‘‘(ii) the satisfaction of all of the conditions (iii) in subparagraph (B)— SAFETEA–LU (Public Law 109–59; 119 Stat. for the provision of credit assistance under the (I) by striking the subparagraph designation 1777) is amended by striking ‘‘hereby enacted TIFIA program, including section 603(b)(1);’’; and heading and all that follows through ‘‘In into law’’ and inserting ‘‘granted’’. and the case’’ and inserting the following: (d) MAP–21.—Effective as of July 6, 2012, and (C) in subparagraph (D)— ‘‘(B) EXCEPTIONS.— as if included therein as enacted, MAP–21 (Pub- (i) by redesignating clauses (ii) and (iii) as ‘‘(i) INTELLIGENT TRANSPORTATION SYSTEMS.— lic Law 112–141) is amended as follows: clauses (iii) and (iv), respectively; In the case’’; and (1) Section 1109(a)(2) (126 Stat. 444) is amend- (ii) by inserting after clause (i) the following: (II) by adding at the end the following: ed by striking ‘‘fourth’’ and inserting ‘‘fifth’’. ‘‘(ii) receiving an investment grade rating ‘‘(ii) TRANSIT-ORIENTED DEVELOPMENT (2) Section 1203 (126 Stat. 524) is amended— from a rating agency;’’; PROJECTS.—In the case of a project described in (A) in subsection (a) by striking ‘‘Section 150 (iii) in clause (iii) (as so redesignated) by section 601(a)(12)(E), eligible project costs shall of title 23, United States Code, is amended to striking ‘‘in section 602(c)’’ and inserting be reasonably anticipated to equal or exceed read as follows’’ and inserting ‘‘Title 23, United ‘‘under the TIFIA program, including sections $10,000,000. States Code, is amended by inserting after sec- 602(c) and 603(b)(1)’’; and ‘‘(iii) RURAL PROJECTS.—In the case of a rural tion 149 the following’’; and (iv) in clause (iv) (as so redesignated) by strik- infrastructure project or a project capitalizing a (B) in subsection (b) by striking ‘‘by striking ing ‘‘this chapter’’ and inserting ‘‘the TIFIA rural projects fund, eligible project costs shall be the item relating to section 150 and inserting’’ program’’; reasonably anticipated to equal or exceed and inserting ‘‘by inserting after the item relat- (5) in paragraph (12)— $10,000,000, but not to exceed $100,000,000. (A) in subparagraph (C) by striking ‘‘and’’ at ing to section 149’’. ‘‘(iv) LOCAL INFRASTRUCTURE PROJECTS.—Eli- the end; (3) Section 1313(a)(1) (126 Stat. 545) is amend- gible project costs shall be reasonably antici- (B) in subparagraph (D)(iv) by striking the ed to read as follows: pated to equal or exceed $10,000,000 in the case period at the end and inserting a semicolon; and ‘‘(1) in the section heading by striking ‘pilot’; of a project or program of projects— (C) by adding at the end the following: ‘‘(I) in which the applicant is a local govern- and’’. ‘‘(E) a project to improve or construct public (4) Section 1314(b) (126 Stat. 549) is amended— ment, public authority, or instrumentality of infrastructure that is located within walking local government; (A) by inserting ‘‘chapter 3 of’’ after ‘‘anal- distance of, and accessible to, a fixed guideway ysis for’’; and ‘‘(II) located on a facility owned by a local transit facility, passenger rail station, intercity government; or (B) by inserting a period at the end of the bus station, or intermodal facility, including a matter proposed to be inserted. ‘‘(III) for which the Secretary determines that transportation, public utility, or capital project a local government is substantially involved in (5) Section 1519(c) (126 Stat. 575) is amended— described in section 5302(3)(G)(v) of title 49, and (A) by striking paragraph (3); the development of the project.’’; related infrastructure; and (E) in paragraph (9), in the matter preceding (B) by redesignating paragraphs (4) through ‘‘(F) the capitalization of a rural projects (12) as paragraphs (3) through (11), respectively; subparagraph (A), by striking ‘‘this chapter’’ fund.’’; and inserting ‘‘the TIFIA program’’; and (C) in paragraph (7), as redesignated by sub- (6) in paragraph (15) by striking ‘‘means’’ and paragraph (B)— (F) in paragraph (10)— all that follows through the period at the end (i) by striking ‘‘To be eligible’’ and inserting (i) by striking the period at the end of the and inserting ‘‘means a surface transportation matter proposed to be struck; and the following: infrastructure project located in an area that is ‘‘(A) IN GENERAL.—Except as provided in sub- (ii) by adding a period at the end; and outside of an urbanized area with a population (D) in paragraph (8)(A)(i)(I), as redesignated paragraph (B), to be eligible’’; greater than 150,000 individuals, as determined (ii) by striking ‘‘this chapter’’ each place it by subparagraph (B), by striking ‘‘than rail’’ in by the Bureau of the Census.’’; the matter proposed to be struck and inserting appears and inserting ‘‘the TIFIA program’’; (7) by redesignating paragraphs (16), (17), (iii) by striking ‘‘not later than’’ and inserting ‘‘than on rail’’. (18), (19), and (20) as paragraphs (17), (18), (20), (e) TRANSPORTATION RESEARCH AND INNOVA- ‘‘no later than’’; and (21), and (22), respectively; (iv) by adding at the end the following: TIVE TECHNOLOGY ACT OF 2012.—Section (8) by inserting after paragraph (15) the fol- 51001(a)(1) of the Transportation Research and ‘‘(B) RURAL PROJECTS FUND.—In the case of a lowing: project capitalizing a rural projects fund, the Innovative Technology Act of 2012 (126 Stat. ‘‘(16) RURAL PROJECTS FUND.—The term ‘rural 864) is amended by striking ‘‘sections 503(b), State infrastructure bank shall demonstrate, not projects fund’ means a fund— later than 2 years after the date on which a se- 503(d), and 509’’ and inserting ‘‘section 503(b)’’. ‘‘(A) established by a State infrastructure cured loan is obligated for the project under the bank in accordance with section 610(d)(4); TITLE II—INNOVATIVE PROJECT FINANCE TIFIA program, that the bank has executed a ‘‘(B) capitalized with the proceeds of a se- SEC. 2001. TRANSPORTATION INFRASTRUCTURE loan agreement with a borrower for a rural in- cured loan made to the bank in accordance with FINANCE AND INNOVATION ACT OF frastructure project in accordance with section sections 602 and 603; and 1998 AMENDMENTS. 610. After the demonstration is made, the bank ‘‘(C) for the purpose of making loans to spon- (a) DEFINITIONS.—Section 601(a) of title 23, may draw upon the secured loan. At the end of sors of rural infrastructure projects in accord- United States Code, is amended— the 2-year period, to the extent the bank has not (1) in the matter preceding paragraph (1)— ance with section 610.’’; (9) by inserting after paragraph (18) (as so re- used the loan commitment, the Secretary may (A) by striking ‘‘In this chapter, the’’ and in- extend the term of the loan or withdraw the serting ‘‘The’’; and designated) the following: ‘‘(19) STATE INFRASTRUCTURE BANK.—The term loan commitment.’’; (B) by inserting ‘‘to sections 601 through 609’’ ‘State infrastructure bank’ means an infrastruc- (2) in subsection (b) by striking paragraph (2) after ‘‘apply’’; ture bank established under section 610.’’; and and inserting the following: (2) in paragraph (2)— (10) in paragraph (22) (as so redesignated), by ‘‘(2) MASTER CREDIT AGREEMENTS.— (A) in subparagraph (B) by striking ‘‘and’’ at inserting ‘‘established under sections 602 ‘‘(A) PROGRAM OF RELATED PROJECTS.—The the end; through 609’’ after ‘‘Department’’. Secretary may enter into a master credit agree- (B) in subparagraph (C) by striking the period (b) DETERMINATION OF ELIGIBILITY AND ment for a program of related projects secured at the end and inserting ‘‘; and’’; and PROJECT SELECTION.—Section 602 of title 23, by a common security pledge on terms accept- (C) by adding at the end the following: United States Code, is amended— able to the Secretary. ‘‘(D) capitalizing a rural projects fund.’’; (1) in subsection (a)— ‘‘(B) ADEQUATE FUNDING NOT AVAILABLE.—If (3) in paragraph (3) by striking ‘‘this chapter’’ (A) in paragraph (1) in the matter preceding the Secretary fully obligates funding to eligible and inserting ‘‘the TIFIA program’’; subparagraph (A), by striking ‘‘this chapter’’ projects for a fiscal year and adequate funding (4) in paragraph (10)— and inserting ‘‘the TIFIA program’’; is not available to fund a credit instrument, a (A) by striking ‘‘(10) MASTER CREDIT AGREE- (B) in paragraph (2)(A) by striking ‘‘this project sponsor of an eligible project may elect MENT.—’’ and all that follows before subpara- chapter’’ and inserting ‘‘the TIFIA program’’; to enter into a master credit agreement and wait graph (A) and inserting the following: (C) in paragraph (3) by striking ‘‘this chap- to execute a credit instrument until the fiscal ‘‘(10) MASTER CREDIT AGREEMENT.—The term ter’’ and inserting ‘‘the TIFIA program’’; year for which additional funds are available to ‘master credit agreement’ means a conditional (D) in paragraph (5)— receive credit assistance.’’; agreement to extend credit assistance for a pro- (i) by striking the paragraph heading and in- (3) in subsection (c)(1), in the matter pre- gram of related projects secured by a common serting ‘‘ELIGIBLE PROJECT COST PARAMETERS.— ceding subparagraph (A), by striking ‘‘this security pledge covered under section ’’; chapter’’ and inserting ‘‘the TIFIA program’’; 602(b)(2)(A) or for a single project covered under (ii) in subparagraph (A)— and section 602(b)(2)(B) that does not provide for a (I) in the matter preceding clause (i), by strik- (4) in subsection (e) by striking ‘‘this chapter’’ current obligation of Federal funds, and that ing ‘‘subparagraph (B), to be eligible for assist- and inserting ‘‘the TIFIA program’’. would—’’; ance under this chapter, a project’’ and insert- (c) SECURED LOAN TERMS AND LIMITATIONS.— (B) in subparagraph (A) by striking ‘‘subject ing ‘‘subparagraph (B), a project under the Section 603 of title 23, United States Code, is to the availability of future funds being made TIFIA program’’; amended— available to carry out this chapter;’’ and insert- (II) by striking clause (i) and inserting the fol- (1) in subsection (a) by striking paragraph (2) ing ‘‘subject to— lowing: and inserting the following:

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‘‘(2) LIMITATION ON REFINANCING OF INTERIM performance, such as a tax-backed revenue (D) by redesignating paragraphs (4) through CONSTRUCTION FINANCING.—A loan under para- pledge, tax increment financing, or a system- (6) as paragraphs (5) through (7), respectively; graph (1) shall not refinance interim construc- backed pledge of project revenues; and (E) by inserting after paragraph (3) the fol- tion financing under paragraph (1)(B)— ‘‘(C) repayment of the loan commences not lowing: ‘‘(A) if the maturity of such interim construc- later than 5 years after disbursement.’’. ‘‘(4) RURAL PROJECTS FUND.—Subject to sub- tion financing is later than 1 year after the sub- (d) PROGRAM ADMINISTRATION.—Section 605 of section (j), the Secretary may permit a State en- stantial completion of the project; and title 23, United States Code, is amended— tering into a cooperative agreement under this ‘‘(B) later than 1 year after the date of sub- (1) by striking ‘‘this chapter’’ each place it section to establish a State infrastructure bank stantial completion of the project.’’; appears and inserting ‘‘the TIFIA program’’; to deposit into the rural projects fund of the (2) in subsection (b)— and bank the proceeds of a secured loan made to the (A) in paragraph (2)— (2) by adding at the end the following: bank in accordance with sections 602 and 603.’’; (i) by striking ‘‘The amount of’’ and inserting ‘‘(f) ASSISTANCE TO SMALL PROJECTS.— and the following: ‘‘(1) RESERVATION OF FUNDS.—Of the funds (F) in paragraph (6) (as so redesignated) by ‘‘(A) IN GENERAL.—Except as provided in sub- made available to carry out the TIFIA program striking ‘‘section 133(d)(3)’’ and inserting ‘‘sec- paragraph (B), the amount of’’; and for each fiscal year, and after the set aside tion 133(d)(1)(A)(i)’’; (ii) by adding at the end the following: under section 608(a)(5), not less than $2,000,000 (3) by striking subsection (e) and inserting the ‘‘(B) RURAL PROJECTS FUND.—In the case of a shall be made available for the Secretary to use following: project capitalizing a rural projects fund, the in lieu of fees collected under subsection (b) for ‘‘(e) FORMS OF ASSISTANCE FROM STATE IN- maximum amount of a secured loan made to a projects under the TIFIA program having eligi- FRASTRUCTURE BANKS.— State infrastructure bank shall be determined in ble project costs that are reasonably anticipated ‘‘(1) IN GENERAL.—A State infrastructure bank accordance with section 602(a)(5)(B)(iii).’’; not to equal or exceed $75,000,000. established under this section may— (B) in paragraph (3)(A)(i)— ‘‘(2) RELEASE OF FUNDS.—Any funds not used ‘‘(A) with funds deposited into the highway (i) in subclause (III) by striking ‘‘or’’ at the under paragraph (1) in a fiscal year shall be account, transit account, or rail account of the end; made available on October 1 of the following fis- bank, make loans or provide other forms of cred- (ii) in subclause (IV) by striking ‘‘and’’ at the cal year to provide credit assistance to any it assistance to a public or private entity to end and inserting ‘‘or’’; and project under the TIFIA program.’’. carry out a project eligible for assistance under (iii) by adding at the end the following: (e) STATE AND LOCAL PERMITS.—Section 606 of this section; and ‘‘(V) in the case of a secured loan for a project title 23, United States Code, is amended in the ‘‘(B) with funds deposited into the rural capitalizing a rural projects fund, any other matter preceding paragraph (1) by striking ‘‘this projects fund, make loans to a public or private dedicated revenue sources available to a State chapter’’ and inserting ‘‘the TIFIA program’’. entity to carry out a rural infrastructure infrastructure bank, including repayments from (f) REGULATIONS.—Section 607 of title 23, project. loans made by the bank for rural infrastructure United States Code, is amended by striking ‘‘this ‘‘(2) SUBORDINATION OF LOAN.—The amount of projects; and’’; chapter’’ and inserting ‘‘the TIFIA program’’. a loan or other form of credit assistance pro- (C) in paragraph (4)(B)— (g) FUNDING.—Section 608 of title 23, United (i) in clause (i) by striking ‘‘under this chap- vided for a project described in paragraph (1) States Code, is amended— ter’’ and inserting ‘‘or a rural projects fund may be subordinated to any other debt financ- (1) by striking ‘‘this chapter’’ each place it under the TIFIA program’’; and ing for the project. appears and inserting ‘‘the TIFIA program’’; (ii) in clause (ii) by inserting ‘‘and rural ‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—A and project funds’’ after ‘‘rural infrastructure State infrastructure bank established under this (2) in subsection (a)— projects’’; section may— (A) in paragraph (2) by inserting ‘‘of’’ after (D) in paragraph (5)— ‘‘(A) with funds deposited into the highway (i) by redesignating subparagraphs (A) and ‘‘504(f)’’; account, transit account, or rail account of the (B) in paragraph (3)— (B) as clauses (i) and (ii), respectively, and in- bank, make loans or provide other forms of cred- (i) in subparagraph (A), by inserting ‘‘or rural denting appropriately; it assistance to a public or private entity in an (ii) in the matter preceding clause (i) (as so re- projects funds’’ after ‘‘rural infrastructure amount up to 100 percent of the cost of carrying designated) by striking ‘‘The final’’ and insert- projects’’; and out a project eligible for assistance under this (ii) in subparagraph (B), by inserting ‘‘or ing the following: section; and rural projects funds’’ after ‘‘rural infrastructure ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(B) with funds deposited into the rural paragraph (B), the final’’; and projects’’; projects fund, make loans to a public or private (iii) by adding at the end the following: (C) by striking paragraphs (4) and (6) and re- entity in an amount not to exceed 80 percent of ‘‘(B) RURAL PROJECTS FUND.—In the case of a designating paragraph (5) as paragraph (4); and the cost of carrying out a rural infrastructure project capitalizing a rural projects fund, the (D) by inserting at the end the following: project. final maturity date of the secured loan shall not ‘‘(5) ADMINISTRATIVE COSTS.—Of the amounts ‘‘(4) INITIAL ASSISTANCE.—Initial assistance exceed 35 years after the date on which the se- made available to carry out the TIFIA program, provided with respect to a project from Federal cured loan is obligated.’’; the Secretary may use not more than $6,875,000 funds deposited into a State infrastructure bank (E) in paragraph (8) by striking ‘‘this chap- for fiscal year 2016, $7,081,000 for fiscal year under this section may not be made in the form ter’’ and inserting ‘‘the TIFIA program’’; and 2017, $7,559,000 for fiscal year 2018, $8,195,000 for of a grant.’’; (F) in paragraph (9)— fiscal year 2019, and $8,441,000 for fiscal year (4) in subsection (g)— (i) by striking ‘‘The total Federal assistance 2020 for the administration of the TIFIA pro- (A) in paragraph (1) by striking ‘‘each ac- provided on a project receiving a loan under gram.’’. count’’ and inserting ‘‘the highway account, the this chapter’’ and inserting the following: (h) REPORTS TO CONGRESS.—Section 609 of transit account, and the rail account’’; and ‘‘(A) IN GENERAL.—The total Federal assist- title 23, United States Code, is amended by strik- (B) in paragraph (4) by inserting ‘‘, except ance provided for a project receiving a loan ing ‘‘this chapter (other than section 610)’’ each that any loan funded from the rural projects under the TIFIA program’’; and place it appears and inserting ‘‘the TIFIA pro- fund of the bank shall bear interest at or below (ii) by adding at the end the following: gram’’. the interest rate charged for the TIFIA loan ‘‘(B) RURAL PROJECTS FUND.—A project cap- (i) STATE INFRASTRUCTURE BANK PROGRAM.— provided to the bank under section 603’’ after italizing a rural projects fund shall satisfy sub- Section 610 of title 23, United States Code, is ‘‘feasible’’; and paragraph (A) through compliance with the amended— (5) in subsection (k) by striking ‘‘fiscal years Federal share requirement described in section (1) in subsection (a) by adding at the end the 2005 through 2009’’ and inserting ‘‘fiscal years 610(e)(3)(B).’’; and following: 2016 through 2020’’. (3) by adding at the end the following: ‘‘(11) RURAL INFRASTRUCTURE PROJECT.—The SEC. 2002. AVAILABILITY PAYMENT CONCESSION ‘‘(f) STREAMLINED APPLICATION PROCESS.— term ‘rural infrastructure project’ has the mean- MODEL. ‘‘(1) IN GENERAL.—Not later than 180 days ing given the term in section 601. (a) PAYMENT TO STATES FOR CONSTRUCTION.— after the date of enactment of the FAST Act, the ‘‘(12) RURAL PROJECTS FUND.—The term ‘rural Section 121(a) of title 23, United States Code, is Secretary shall make available an expedited ap- projects fund’ has the meaning given the term in amended by inserting ‘‘(including payments plication process or processes available at the section 601.’’; made pursuant to a long-term concession agree- request of entities seeking secured loans under (2) in subsection (d)— ment, such as availability payments)’’ after ‘‘a the TIFIA program that use a set or sets of con- (A) in paragraph (1)(A) by striking ‘‘each of project’’. ventional terms established pursuant to this sec- fiscal years’’ and all that follows through the (b) PROJECT APPROVAL AND OVERSIGHT.—Sec- tion. end of subparagraph (A) and inserting ‘‘each of tion 106(b)(1) of title 23, United States Code, is ‘‘(2) TERMS.—In establishing the streamlined fiscal years 2016 through 2020 under each of amended by inserting ‘‘(including payments application process required by this subsection, paragraphs (1), (2), and (5) of section 104(b); made pursuant to a long-term concession agree- the Secretary may include terms commonly in- and’’; ment, such as availability payments)’’ after cluded in prior credit agreements and allow for (B) in paragraph (2) by striking ‘‘fiscal years ‘‘construction of the project’’. an expedited application period, including— 2005 through 2009’’ and inserting ‘‘fiscal years ‘‘(A) the secured loan is in an amount of not 2016 through 2020’’; TITLE III—PUBLIC TRANSPORTATION greater than $100,000,000; (C) in paragraph (3) by striking ‘‘fiscal years SEC. 3001. SHORT TITLE. ‘‘(B) the secured loan is secured and payable 2005 through 2009’’ and inserting ‘‘fiscal years This title may be cited as the ‘‘Federal Public from pledged revenues not affected by project 2016 through 2020’’; Transportation Act of 2015’’.

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SEC. 3002. DEFINITIONS. ‘‘(B) PUBLIC TRANSPORTATION REPRESENTA- ‘‘(D) PARTICIPATION.—In developing the plan Section 5302 of title 49, United States Code, is TIVE.—Subject to the bylaws or enabling statute under subparagraph (C), a metropolitan plan- amended— of the metropolitan planning organization, a ning organization shall consult with employers, (1) in paragraph (1)— representative of a provider of public transpor- private and non-profit providers of public trans- (A) in subparagraph (C) by inserting ‘‘func- tation may also serve as a representative of a portation, transportation management organiza- tional’’ before ‘‘landscaping and’’; and local municipality. tions, and organizations that provide job access (B) in subparagraph (E) by striking ‘‘bicycle ‘‘(C) POWERS OF CERTAIN OFFICIALS.—An offi- reverse commute projects or job-related services storage facilities and installing equipment’’ and cial described in paragraph (2)(B) shall have re- to low-income individuals.’’; inserting ‘‘bicycle storage shelters and parking sponsibilities, actions, duties, voting rights, and (9) in subsection (l)— facilities and the installation of equipment’’; any other authority commensurate with other (A) by adding a period at the end of para- (2) in paragraph (3)— officials described in paragraph (2).’’; and graph (1); and (A) by striking subparagraph (F) and insert- (C) in paragraph (5), as so redesignated, by (B) in paragraph (2)(D) by striking ‘‘of less ing the following: striking ‘‘paragraph (5)’’ and inserting ‘‘para- than 200,000’’ and inserting ‘‘with a population ‘‘(F) leasing equipment or a facility for use in graph (6)’’; of 200,000 or less’’; public transportation;’’; (4) in subsection (e)(4)(B) by striking ‘‘sub- (10) in subsection (p) by striking ‘‘Funds set (B) in subparagraph (G)— section (d)(5)’’ and inserting ‘‘subsection aside under section 104(f)’’ and inserting (i) in clause (iv) by adding ‘‘and’’ at the end; (d)(6)’’; ‘‘Funds apportioned under section 104(b)(5)’’; (ii) in clause (v) by striking ‘‘and’’ at the end; (5) in subsection (g)(3)(A) by inserting ‘‘tour- and and ism, natural disaster risk reduction,’’ after ‘‘eco- (11) by adding at the end the following: (iii) by striking clause (vi); nomic development,’’; ‘‘(r) BI-STATE METROPOLITAN PLANNING OR- (C) by striking subparagraph (I) and inserting (6) in subsection (h)(1)— GANIZATION.— (A) in subparagraph (G) by striking ‘‘and’’ at the following: ‘‘(1) DEFINITION OF BI-STATE MPO REGION.—In ‘‘(I) the provision of nonfixed route para- the end; this subsection, the term ‘Bi-State Metropolitan (B) in subparagraph (H) by striking the period transit transportation services in accordance Planning Organization’ has the meaning given at the end and inserting ‘‘; and’’; and with section 223 of the Americans with Disabil- the term ‘region’ in subsection (a) of Article II ities Act of 1990 (42 U.S.C. 12143), but only for (C) by adding at the end the following: ‘‘(I) improve the resiliency and reliability of of the Lake Tahoe Regional Planning Compact grant recipients that are in compliance with ap- (Public Law 96–551; 94 Stat. 3234). plicable requirements of that Act, including both the transportation system.’’; (7) in subsection (i)— ‘‘(2) TREATMENT.—For the purpose of this fixed route and demand responsive service, and title, the Bi-State Metropolitan Planning Orga- only for amounts— (A) in paragraph (2)— (i) in subparagraph (A)(i) by striking ‘‘tran- nization shall be treated as— ‘‘(i) not to exceed 10 percent of such recipi- sit’’ and inserting ‘‘public transportation facili- ‘‘(A) a metropolitan planning organization; ent’s annual formula apportionment under sec- ties, intercity bus facilities’’; ‘‘(B) a transportation management area under tions 5307 and 5311; or (ii) in subparagraph (G)— subsection (k); and ‘‘(ii) not to exceed 20 percent of such recipi- (I) by striking ‘‘and provide’’ and inserting ‘‘, ‘‘(C) an urbanized area, which is comprised of ent’s annual formula apportionment under sec- provide’’; and a population of 145,000 in the State of California tions 5307 and 5311, if, consistent with guidance (II) by inserting before the period at the end and a population of 65,000 in the State of Ne- issued by the Secretary, the recipient dem- the following: ‘‘, and reduce the vulnerability of vada.’’. onstrates that the recipient meets at least 2 of the existing transportation infrastructure to (b) STATEWIDE AND NONMETROPOLITAN TRANS- the following requirements: natural disasters’’; and PORTATION PLANNING.—Section 5304 of title 49, ‘‘(I) Provides an active fixed route travel (iii) in subparagraph (H) by inserting before United States Code, is amended— training program that is available for riders the period at the end the following: ‘‘, including (1) in subsection (a)(2) by striking ‘‘and bicy- with disabilities. consideration of the role that intercity buses cle transportation facilities’’ and inserting ‘‘, bi- ‘‘(II) Provides that all fixed route and para- may play in reducing congestion, pollution, and cycle transportation facilities, and intermodal transit operators participate in a passenger energy consumption in a cost-effective manner facilities that support intercity transportation, safety, disability awareness, and sensitivity and strategies and investments that preserve including intercity buses and intercity bus fa- training class on at least a biennial basis. and enhance intercity bus systems, including cilities and commuter vanpool providers’’; ‘‘(III) Has memoranda of understanding in systems that are privately owned and oper- (2) in subsection (d)— place with employers and the American Job Cen- ated’’; (A) in paragraph (1)— ter to increase access to employment opportuni- (B) in paragraph (6)(A)— (i) in subparagraph (G) by striking ‘‘and’’ at ties for people with disabilities.’’; (i) by inserting ‘‘public ports,’’ before ‘‘freight the end; (D) in subparagraph (K) by striking ‘‘or’’ at shippers,’’; and (ii) in subparagraph (H) by striking the period the end; (ii) by inserting ‘‘(including intercity bus op- at the end and inserting ‘‘; and’’; and (E) in subparagraph (L) by striking the period erators, employer-based commuting programs, (iii) by adding at the end the following: at the end and inserting a semicolon; and such as a carpool program, vanpool program, ‘‘(I) improve the resiliency and reliability of (F) by adding at the end the following: transit benefit program, parking cash-out pro- the transportation system.’’; and ‘‘(M) associated transit improvements; or gram, shuttle program, or telework program)’’ ‘‘(N) technological changes or innovations to (B) in paragraph (2)— after ‘‘private providers of transportation’’; and (i) in subparagraph (B)(ii) by striking ‘‘ur- modify low or no emission vehicles (as defined in (C) in paragraph (8) by striking ‘‘paragraph section 5339(c)) or facilities.’’; and banized’’; and (2)(C)’’ each place it appears and inserting (ii) in subparagraph (C) by striking ‘‘urban- (3) by adding at the end the following: ‘‘paragraph (2)(E)’’; ‘‘(24) VALUE CAPTURE.—The term ‘value cap- ized’’; and (8) in subsection (k)(3)— (3) in subsection (f)(3)(A)(ii)— ture’ means recovering the increased property (A) in subparagraph (A) by inserting ‘‘(in- (A) by inserting ‘‘public ports,’’ before value to property located near public transpor- cluding intercity bus operators, employer-based ‘‘freight shippers,’’; and tation resulting from investments in public commuting programs, such as a carpool pro- (B) by inserting ‘‘(including intercity bus op- transportation.’’. gram, vanpool program, transit benefit program, erators, employer-based commuting programs, SEC. 3003. METROPOLITAN AND STATEWIDE parking cash-out program, shuttle program, or such as a carpool program, vanpool program, TRANSPORTATION PLANNING. telework program), job access projects,’’ after transit benefit program, parking cash-out pro- (a) IN GENERAL.—Section 5303 of title 49, ‘‘reduction’’; and gram, shuttle program, or telework program)’’ United States Code, is amended— (B) by adding at the end the following: after ‘‘private providers of transportation’’. (1) in subsection (a)(1) by inserting ‘‘resilient’’ ‘‘(C) CONGESTION MANAGEMENT PLAN.—A met- after ‘‘development of’’; ropolitan planning organization serving a trans- SEC. 3004. URBANIZED AREA FORMULA GRANTS. (2) in subsection (c)(2) by striking ‘‘and bicy- portation management area may develop a plan Section 5307 of title 49, United States Code, is cle transportation facilities’’ and inserting ‘‘, bi- that includes projects and strategies that will be amended— cycle transportation facilities, and intermodal considered in the TIP of such metropolitan (1) in subsection (a)— facilities that support intercity transportation, planning organization. Such plan shall— (A) in paragraph (2) by inserting ‘‘or demand including intercity buses and intercity bus fa- ‘‘(i) develop regional goals to reduce vehicle response service, excluding ADA complementary cilities and commuter vanpool providers’’; miles traveled during peak commuting hours paratransit service,’’ before ‘‘during’’ each place (3) in subsection (d)— and improve transportation connections between it appears; and (A) by redesignating paragraphs (3) through areas with high job concentration and areas (B) by adding at the end the following: (6) as paragraphs (4) through (7), respectively; with high concentrations of low-income house- ‘‘(3) EXCEPTION TO THE SPECIAL RULE.—Not- (B) by inserting after paragraph (2) the fol- holds; withstanding paragraph (2), if a public trans- lowing: ‘‘(ii) identify existing public transportation portation system described in such paragraph ‘‘(3) REPRESENTATION.— services, employer-based commuter programs, executes a written agreement with 1 or more ‘‘(A) IN GENERAL.—Designation or selection of and other existing transportation services that other public transportation systems within the officials or representatives under paragraph (2) support access to jobs in the region; and urbanized area to allocate funds for the pur- shall be determined by the metropolitan plan- ‘‘(iii) identify proposed projects and programs poses described in the paragraph by a method ning organization according to the bylaws or to reduce congestion and increase job access op- other than by measuring vehicle revenue hours, enabling statute of the organization. portunities. each public transportation system that is a

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8716 CONGRESSIONAL RECORD — HOUSE December 1, 2015 party to the written agreement may follow the (C) by striking paragraph (3)(A) and inserting and core capacity improvement projects that terms of the written agreement without regard the following: provide both public transportation and intercity to measured vehicle revenue hours referred to in ‘‘(A) PROJECT ADVANCEMENT.—A project re- passenger rail service. the paragraph.’’; and ceiving a grant under this section that is part of ‘‘(2) ELIGIBLE COSTS.—Eligible costs for a (2) in subsection (c)(1)— a program of interrelated projects may not ad- project under this subsection shall be limited to (A) in subparagraph (C), by inserting ‘‘in ac- vance— the net capital costs of the public transportation cordance with the recipient’s transit asset man- ‘‘(i) in the case of a small start project, from costs attributable to the project based on pro- agement plan’’ after ‘‘equipment and facilities’’; the project development phase to the construc- jected use of the new segment or expanded ca- and tion phase unless the Secretary determines that pacity of the project corridor, not including (B) in subparagraph (K), by striking ‘‘Cen- the program of interrelated projects meets the project elements designed to achieve or maintain sus—’’ and all that follows through clause (ii) applicable requirements of this section and there a state of good repair, as determined by the Sec- and inserting the following: ‘‘Census, will sub- is a reasonable likelihood that the program will retary under paragraph (4). mit an annual report listing projects carried out continue to meet such requirements; or ‘‘(3) PROJECT JUSTIFICATION AND LOCAL FINAN- in the preceding fiscal year under this section ‘‘(ii) in the case of a new fixed guideway cap- CIAL COMMITMENT.—A project under this sub- for associated transit improvements as defined ital project or a core capacity improvement section shall be evaluated for project justifica- in section 5302; and’’. project, from the project development phase to tion and local financial commitment under sub- SEC. 3005. FIXED GUIDEWAY CAPITAL INVEST- the engineering phase, or from the engineering sections (d), (e), (f), and (h), as applicable to the MENT GRANTS. phase to the construction phase, unless the Sec- project, based on— (a) IN GENERAL.—Section 5309 of title 49, retary determines that the program of inter- ‘‘(A) the net capital costs of the public trans- United States Code, is amended— related projects meets the applicable require- portation costs attributable to the project as de- (1) in subsection (a)— ments of this section and there is a reasonable termined under paragraph (4); and (A) in paragraph (3), by striking ‘‘and week- likelihood that the program will continue to ‘‘(B) the share of funds dedicated to the end days’’; meet such requirements.’’; project from sources other than this section in- (B) in paragraph (6)— (6) in subsection (l)— cluded in the unified finance plan for the (i) in subparagraph (A) by inserting ‘‘, small (A) by striking paragraph (1) and inserting project. start projects,’’ after ‘‘new fixed guideway cap- the following: ‘‘(4) CALCULATION OF NET CAPITAL PROJECT ital projects’’; and ‘‘(1) IN GENERAL.— COST.—The Secretary shall estimate the net cap- (ii) by striking subparagraph (B) and insert- ‘‘(A) ESTIMATION OF NET CAPITAL PROJECT ital costs of a project under this subsection ing the following: COST.—Based on engineering studies, studies of based on— ‘‘(B) 2 or more projects that are any combina- economic feasibility, and information on the ex- ‘‘(A) engineering studies; tion of new fixed guideway capital projects, pected use of equipment or facilities, the Sec- ‘‘(B) studies of economic feasibility; ‘‘(C) the expected use of equipment or facili- small start projects, and core capacity improve- retary shall estimate the net capital project cost. ties; and ment projects.’’; and ‘‘(B) GRANTS.— ‘‘(D) the public transportation costs attrib- (C) in paragraph (7)— ‘‘(i) GRANT FOR NEW FIXED GUIDEWAY CAPITAL utable to the project. (i) in subparagraph (A), by striking PROJECT.—A grant for a new fixed guideway ‘‘(5) GOVERNMENT SHARE OF NET CAPITAL ‘‘$75,000,000’’ and inserting ‘‘$100,000,000’’; and capital project shall not exceed 80 percent of the PROJECT COST.— (ii) in subparagraph (B), by striking net capital project cost. ‘‘$250,000,000’’ and inserting ‘‘$300,000,000’’; ‘‘(A) GOVERNMENT SHARE.—The Government ‘‘(ii) FULL FUNDING GRANT AGREEMENT FOR share shall not exceed 80 percent of the net cap- (2) in subsection (d)— NEW FIXED GUIDEWAY CAPITAL PROJECT.—A full (A) in paragraph (1)(B) by striking ‘‘, policies ital cost attributable to the public transpor- funding grant agreement for a new fixed guide- tation costs of a project under this subsection as and land use patterns that promote public way capital project shall not include a share of transportation,’’; and determined under paragraph (4). more than 60 percent from the funds made avail- ‘‘(B) NON-GOVERNMENT SHARE.—The remain- (B) in paragraph (2)(A)— able under this section. (i) in clause (iii) by adding ‘‘and’’ after the der of the net capital cost attributable to the ‘‘(iii) GRANT FOR CORE CAPACITY IMPROVE- semicolon; public transportation costs of a project under MENT PROJECT.—A grant for a core capacity im- (ii) by striking clause (iv); and this subsection shall be provided from an undis- (iii) by redesignating clause (v) as clause (iv); provement project shall not exceed 80 percent of tributed cash surplus, a replacement or depre- (3) in subsection (g)(2)(A)(i) by striking ‘‘the the net capital project cost of the incremental ciation cash fund or reserve, or new capital.’’. policies and land use patterns that support pub- cost to increase the capacity in the corridor (b) EXPEDITED PROJECT DELIVERY FOR CAP- ‘‘(iv) GRANT FOR SMALL START PROJECT.—. A lic transportation,’’; ITAL INVESTMENT GRANTS PILOT PROGRAM.— (4) in subsection (h)(6)— grant for a small start project shall not exceed (1) DEFINITIONS.—In this subsection, the fol- (A) by striking ‘‘In carrying out’’ and insert- 80 percent of the net capital project costs.’’; and lowing definitions shall apply: ing the following: (B) by striking paragraph (4) and inserting (A) APPLICANT.—The term ‘‘applicant’’ means ‘‘(A) IN GENERAL.—In carrying out’’; and the following: a State or local governmental authority that ap- (B) by adding at the end the following: ‘‘(4) REMAINING COSTS.—The remainder of the plies for a grant under this subsection. ‘‘(B) OPTIONAL EARLY RATING.—At the request net capital project costs shall be provided— (B) CAPITAL PROJECT; FIXED GUIDEWAY; LOCAL of the project sponsor, the Secretary shall evalu- ‘‘(A) in cash from non-Government sources; GOVERNMENTAL AUTHORITY; PUBLIC TRANSPOR- ate and rate the project in accordance with ‘‘(B) from revenues from the sale of adver- TATION; STATE; STATE OF GOOD REPAIR.—The paragraphs (4) and (5) and subparagraph (A) of tising and concessions; or terms ‘‘capital project’’, ‘‘fixed guideway’’, this paragraph upon completion of the analysis ‘‘(C) from an undistributed cash surplus, a re- ‘‘local governmental authority’’, ‘‘public trans- required under the National Environmental Pol- placement or depreciation cash fund or reserve, portation’’, ‘‘State’’, and ‘‘state of good repair’’ icy Act of 1969 (42 U.S.C. 4321 et seq.).’’; or new capital.’’; have the meanings given those terms in section (7) by striking subsection (n) and inserting the (5) in subsection (i)— 5302 of title 49, United States Code. (A) in paragraph (1) by striking ‘‘subsection following: (C) CORE CAPACITY IMPROVEMENT PROJECT.— (d) or (e)’’ and inserting ‘‘subsection (d), (e), or ‘‘(n) AVAILABILITY OF AMOUNTS.— The term ‘‘core capacity improvement project’’— ‘‘(1) IN GENERAL.—An amount made available (h)’’; (i) means a substantial corridor-based capital (B) in paragraph (2)— or appropriated for a new fixed guideway cap- investment in an existing fixed guideway system (i) in the matter preceding subparagraph (A) ital project or core capacity improvement project that increases the capacity of a corridor by not by inserting ‘‘new fixed guideway capital shall remain available to that project for 4 fiscal less than 10 percent; and project or core capacity improvement’’ after years, including the fiscal year in which the (ii) may include project elements designed to ‘‘federally funded’’; amount is made available or appropriated. Any aid the existing fixed guideway system in mak- (ii) by striking subparagraph (D) and insert- amounts that are unobligated to the project at ing substantial progress towards achieving a ing the following: the end of the 4-fiscal-year period may be used state of good repair. ‘‘(D) the program of interrelated projects, by the Secretary for any purpose under this sec- (D) CORRIDOR-BASED BUS RAPID TRANSIT when evaluated as a whole— tion. PROJECT.—The term ‘‘corridor-based bus rapid ‘‘(i) meets the requirements of subsection ‘‘(2) USE OF DEOBLIGATED AMOUNTS.—An transit project’’ means a small start project uti- (d)(2), subsection (e)(2), or paragraphs (3) and amount available under this section that is lizing buses in which the project represents a (4) of subsection (h), as applicable, if the pro- deobligated may be used for any purpose under substantial investment in a defined corridor as gram is comprised entirely of— this section.’’; and demonstrated by features that emulate the serv- ‘‘(I) new fixed guideway capital projects; (8) by adding at the end the following: ices provided by rail fixed guideway public ‘‘(II) core capacity improvement projects; or ‘‘(p) SPECIAL RULE.—For the purposes of cal- transportation systems— ‘‘(III) small start projects; or culating the cost effectiveness of a project de- (i) including— ‘‘(ii) meets the requirements of subsection scribed in subsection (d) or (e), the Secretary (I) defined stations; (d)(2) if the program is comprised of any com- shall not reduce or eliminate the capital costs of (II) traffic signal priority for public transpor- bination of new fixed guideway capital projects, art and non-functional landscaping elements tation vehicles; small start projects, and core capacity improve- from the annualized capital cost calculation. (III) short headway bidirectional services for ment projects;’’; and ‘‘(q) JOINT PUBLIC TRANSPORTATION AND a substantial part of weekdays; and (iii) in subparagraph (F), by inserting ‘‘or INTERCITY PASSENGER RAIL PROJECTS.— (IV) any other features the Secretary may de- subsection (h)(5), as applicable’’ after ‘‘sub- ‘‘(1) IN GENERAL.—The Secretary may make termine support a long-term corridor investment; section (f)’’; and grants for new fixed guideway capital projects and

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8717 (ii) the majority of which does not operate in (I) the legal, financial, and technical capacity (IV) any debt obligation that exists or is pro- a separated right-of-way dedicated for public to carry out the eligible project, including the posed by the applicant, for the proposed eligible transportation use during peak periods. safety and security aspects of the eligible project or other public transportation purpose; (E) ELIGIBLE PROJECT.—The term ‘‘eligible project; and project’’ means a new fixed guideway capital (II) satisfactory continuing control over the (V) private contributions to the eligible project, a small start project, or a core capacity use of the equipment or facilities; project, including cost-effective project delivery, improvement project that has not entered into a (III) the technical and financial capacity to management or transfer of project risks, expe- full funding grant agreement with the Federal maintain new and existing equipment and facili- dited project schedule, financial partnering, and Transit Administration before the date of enact- ties; and other public-private partnership strategies. ment of this Act. (IV) advisors providing guidance to the appli- (E) LABOR STANDARDS.—The requirements (F) FIXED GUIDEWAY BUS RAPID TRANSIT cant on the terms and structure of the project under section 5333 of title 49, United States PROJECT.—The term ‘‘fixed guideway bus rapid that are independent from investors in the Code, shall apply to each recipient of a grant transit project’’ means a bus capital project— project; under this subsection. (i) in which the majority of the project oper- (iii) the eligible project is supported, or will be (4) PROJECT ADVANCEMENT.—An applicant ates in a separated right-of-way dedicated for supported, in part, through a public-private that desires a grant under this subsection and public transportation use during peak periods; partnership, provided such support is deter- meets the requirements of paragraph (3) shall (ii) that represents a substantial investment in mined by local policies, criteria, and decision- submit to the Secretary, and the Secretary shall a single route in a defined corridor or subarea; making under section 5306(a) of title 49, United approve for advancement, a grant request that and States Code; contains— (iii) that includes features that emulate the (iv) the eligible project is justified based on (A) identification of an eligible project; (B) a schedule and finance plan for the con- services provided by rail fixed guideway public findings presented by the project sponsor to the struction and operation of the eligible project; transportation systems, including— Secretary, including— (I) mobility improvements attributable to the (C) an analysis of the efficiencies of the pro- (I) defined stations; posed eligible project development and delivery (II) traffic signal priority for public transpor- project; (II) environmental benefits associated with methods and innovative financing arrangement tation vehicles; for the eligible project, including any documents (III) short headway bidirectional services for the project; related to the— a substantial part of weekdays and weekend (III) congestion relief associated with the project; (i) public-private partnership required under days; and paragraph (3)(A)(iii); and (IV) any other features the Secretary may de- (IV) economic development effects derived as a result of the project; and (ii) project justification required under para- termine are necessary to produce high-quality graph (3)(A)(iv); and public transportation services that emulate the (V) estimated ridership projections; (v) the eligible project is supported by an ac- (D) a certification that the existing public services provided by rail fixed guideway public ceptable degree of local financial commitment transportation system of the applicant or, in the transportation systems. (including evidence of stable and dependable fi- event that the applicant does not operate a pub- (G) NEW FIXED GUIDEWAY CAPITAL PROJECT.— nancing sources); and lic transportation system, the public transpor- The term ‘‘new fixed guideway capital project’’ (vi) the eligible project will be operated and tation system to which the proposed project will means— maintained by employees of an existing provider be attached, is in a state of good repair. (i) a fixed guideway capital project that is a RITTEN NOTICE FROM THE SECRETARY.— of fixed guideway or bus rapid transit public (5) W minimum operable segment or extension to an (A) IN GENERAL.—Not later than 120 days transportation in the service area of the project, existing fixed guideway system; or after the date on which the Secretary receives a or if none exists, by employees of an existing (ii) a fixed guideway bus rapid transit project grant request of an applicant under paragraph public transportation provider in the service that is a minimum operable segment or an exten- (4), the Secretary shall provide written notice to area. sion to an existing bus rapid transit system. the applicant— (B) CERTIFICATION.—An applicant that has (H) RECIPIENT.—The term ‘‘recipient’’ means (i) of approval of the grant request; or submitted the certifications required under sub- a recipient of funding under chapter 53 of title (ii) if the grant request does not meet the re- paragraphs (A), (B), (C), and (H) of section 49, United States Code. quirements under paragraph (4), of disapproval 5307(c)(1) of title 49, United States Code, shall be (I) SMALL START PROJECT.—The term ‘‘small of the grant request, including a detailed expla- deemed to have provided sufficient information start project’’ means a new fixed guideway cap- nation of the reasons for the disapproval. upon which the Secretary may make the deter- ital project, a fixed guideway bus rapid transit (B) CONCURRENT NOTICE.—The Secretary shall minations required under this paragraph. project, or a corridor-based bus rapid transit provide concurrent notice of an approval or dis- (C) TECHNICAL CAPACITY.—The Secretary shall project for which— approval of a grant request under subparagraph use an expedited technical capacity review proc- (i) the Federal assistance provided or to be (A) to the Committee on Banking, Housing, and ess for applicants that have recently and suc- provided under this subsection is less than Urban Affairs of the Senate and the Committee cessfully completed not less than 1 new fixed $75,000,000; and on Transportation and Infrastructure of the guideway capital project, small start project, or (ii) the total estimated net capital cost is less House of Representatives. core capacity improvement project, if— than $300,000,000. (6) WAIVER.—The Secretary may grant a (i) the applicant achieved budget, cost, and waiver to an applicant that does not comply (2) GENERAL AUTHORITY.—The Secretary may ridership outcomes for the project that are con- make grants under this subsection to States and with paragraph (4)(D) if— sistent with or better than projections; and (A) the eligible project meets the definition of local governmental authorities to assist in fi- (ii) the applicant demonstrates that the appli- a core capacity improvement project; and nancing— cant continues to have the staff expertise and (B) the Secretary certifies that the eligible (A) new fixed guideway capital projects or other resources necessary to implement a new project will allow the applicant to make sub- small start projects, including the acquisition of project. stantial progress in achieving a state of good re- real property, the initial acquisition of rolling (D) FINANCIAL COMMITMENT.— pair. stock for the system, the acquisition of rights-of- (i) REQUIREMENTS.—In determining whether (7) SELECTION CRITERIA.—The Secretary may way, and relocation, for projects in the ad- an eligible project is supported by an acceptable enter into a full funding grant agreement with vanced stages of planning and design; and degree of local financial commitment and shows an applicant under this subsection for an eligi- (B) core capacity improvement projects, in- evidence of stable and dependable financing ble project for which an application has been cluding the acquisition of real property, the ac- sources for purposes of subparagraph (A)(v), the submitted and approved for advancement by the quisition of rights-of-way, double tracking, sig- Secretary shall require that— Secretary under paragraph (4), only if the ap- nalization improvements, electrification, ex- (I) each proposed source of capital and oper- plicant has completed the planning and activi- panding system platforms, acquisition of rolling ating financing is stable, reliable, and available ties required under the National Environmental stock associated with corridor improvements in- within the proposed eligible project timetable; Policy Act of 1969 (42 U.S.C. 4321 et seq.). creasing capacity, construction of infill stations, and (8) LETTERS OF INTENT AND FULL FUNDING and such other capacity improvement projects (II) resources are available to recapitalize, GRANT AGREEMENTS.— as the Secretary determines are appropriate to maintain, and operate the overall existing and (A) LETTERS OF INTENT.— increase the capacity of an existing fixed guide- proposed public transportation system, includ- (i) AMOUNTS INTENDED TO BE OBLIGATED.— way system corridor by not less than 10 percent. ing essential feeder bus and other services nec- The Secretary may issue a letter of intent to an Core capacity improvement projects do not in- essary, without degradation to the existing level applicant announcing an intention to obligate, clude elements to improve general station facili- of public transportation services. for an eligible project under this subsection, an ties or parking, or acquisition of rolling stock (ii) CONSIDERATIONS.—In assessing the sta- amount from future available budget authority alone. bility, reliability, and availability of proposed specified in law that is not more than the (3) GRANT REQUIREMENTS.— sources of financing under clause (i), the Sec- amount stipulated as the financial participation (A) IN GENERAL.—The Secretary may make not retary shall consider— of the Secretary in the eligible project. When a more than 8 grants under this subsection for eli- (I) the reliability of the forecasting methods letter is issued for an eligible project under this gible projects if the Secretary determines that— used to estimate costs and revenues made by the subsection, the amount shall be sufficient to (i) the eligible project is part of an approved applicant and the contractors to the applicant; complete at least an operable segment. transportation plan required under sections 5303 (II) existing grant commitments; (ii) TREATMENT.—The issuance of a letter and 5304 of title 49, United States Code; (III) the degree to which financing sources are under clause (i) is deemed not to be an obliga- (ii) the applicant has, or will have— dedicated to the proposed eligible project; tion under section 1108(c), 1501, or 1502(a) of

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8718 CONGRESSIONAL RECORD — HOUSE December 1, 2015 title 31, United States Code, or an administra- of intent or enters into a full funding grant (ii) describes and analyzes the consistency of tive commitment. agreement for an eligible project under this predicted and actual benefits and costs of the (B) FULL FUNDING GRANT AGREEMENTS.— paragraph, the Secretary shall notify, in writ- innovative project development and delivery (i) IN GENERAL.—Except as provided in clause ing, the Committee on Banking, Housing, and methods or innovative financing for the eligible (v), an eligible project shall be carried out under Urban Affairs and the Committee on Appropria- project; and this subsection through a full funding grant tions of the Senate and the Committee on Trans- (iii) identifies reasons for any differences be- agreement. portation and Infrastructure and the Committee tween predicted and actual outcomes for the eli- (ii) CRITERIA.—The Secretary shall enter into on Appropriations of the House of Representa- gible project. a full funding grant agreement, based on the re- tives of the proposed letter of intent or full (B) SUBMISSION OF REPORT.—Not later than 2 quirements of this subparagraph, with each ap- funding grant agreement. years after an eligible project that is selected plicant receiving assistance for an eligible (ii) CONTENTS.—The written notification under this subsection begins revenue operations, project that has received a written notice of ap- under clause (i) shall include a copy of the pro- the recipient shall submit to the Secretary a re- proval under paragraph (5)(A)(i). posed letter of intent or full funding grant port on the results of the study conducted under (iii) TERMS.—A full funding grant agreement agreement for the eligible project. subparagraph (A). shall— (9) GOVERNMENT SHARE OF NET CAPITAL (13) RULE OF CONSTRUCTION.—Nothing in this (I) establish the terms of participation by the PROJECT COST.— subsection shall be construed to— Federal Government in the eligible project; (A) IN GENERAL.—A grant for an eligible (A) require the privatization of the operation (II) establish the maximum amount of Federal project shall not exceed 25 percent of the net or maintenance of any project for which an ap- financial assistance for the eligible project; capital project cost. plicant seeks funding under this subsection; (III) include the period of time for completing (B) REMAINDER OF NET CAPITAL PROJECT (B) revise the determinations by local policies, construction of the eligible project, consistent COST.—The remainder of the net capital project criteria, and decisionmaking under section with the terms of the public-private partnership cost shall be provided from an undistributed 5306(a) of title 49, United States Code; agreement, even if that period extends beyond cash surplus, a replacement or depreciation cash (C) alter the requirements for locally devel- the period of an authorization; and fund or reserve, or new capital. oped, coordinated, and implemented transpor- (IV) make timely and efficient management of (C) LIMITATION ON STATUTORY CONSTRUC- tation plans under sections 5303 and 5304 of title the eligible project easier according to the law of TION.—Nothing in this subsection shall be con- 49, United States Code; or the United States. strued as authorizing the Secretary to require a (D) alter the eligibilities or priorities for assist- (iv) SPECIAL FINANCIAL RULES.— non-Federal financial commitment for a project ance under this subsection or section 5309 of (I) IN GENERAL.—A full funding grant agree- that is more than 75 percent of the net capital title 49, United States Code. ment under this subparagraph obligates an project cost. SEC. 3006. ENHANCED MOBILITY OF SENIORS AND amount of available budget authority specified (D) SPECIAL RULE FOR ROLLING STOCK INDIVIDUALS WITH DISABILITIES. in law and may include a commitment, contin- COSTS.—In addition to amounts allowed pursu- (a) IN GENERAL.—Section 5310 of title 49, gent on amounts to be specified in law in ad- ant to subparagraph (A), a planned extension to United States Code, is amended— vance for commitments under this subpara- a fixed guideway system may include the cost of (1) in subsection (a), by striking paragraph (1) graph, to obligate an additional amount from rolling stock previously purchased if the appli- and inserting the following: future available budget authority specified in cant satisfies the Secretary that only amounts ‘‘(1) RECIPIENT.—The term ‘recipient’ means— law. other than amounts provided by the Federal ‘‘(A) a designated recipient or a State that re- (II) STATEMENT OF CONTINGENT COMMIT- Government were used and that the purchase ceives a grant under this section directly; or MENT.—A full funding grant agreement shall was made for use on the extension. A refund or ‘‘(B) a State or local governmental entity that state that the contingent commitment is not an reduction of the remainder may be made only if operates a public transportation service.’’; and obligation of the Federal Government. a refund of a proportional amount of the grant (2) by adding at the end the following: (III) INTEREST AND OTHER FINANCING COSTS.— of the Federal Government is made at the same ‘‘(i) BEST PRACTICES.—The Secretary shall Interest and other financing costs of efficiently time. collect from, review, and disseminate to public carrying out a part of the eligible project within (E) FAILURE TO CARRY OUT PROJECT.—If an transportation agencies— a reasonable time are a cost of carrying out the applicant does not carry out an eligible project ‘‘(1) innovative practices; eligible project under a full funding grant agree- for reasons within the control of the applicant, ‘‘(2) program models; ment, except that eligible costs may not be more the applicant shall repay all Federal funds ‘‘(3) new service delivery options; than the cost of the most favorable financing awarded for the eligible project from all Federal ‘‘(4) findings from activities under subsection terms reasonably available for the eligible funding sources, for all eligible project activi- (h); and project at the time of borrowing. The applicant ties, facilities, and equipment, plus reasonable ‘‘(5) transit cooperative research program re- shall certify, in a way satisfactory to the Sec- interest and penalty charges allowable by law. ports.’’. retary, that the applicant has shown reasonable (F) CREDITING OF FUNDS RECEIVED.—Any (b) PILOT PROGRAM FOR INNOVATIVE COORDI- diligence in seeking the most favorable financ- funds received by the Federal Government NATED ACCESS AND MOBILITY.— ing terms. under this paragraph, other than interest and (1) DEFINITIONS.—In this subsection— (IV) COMPLETION OF OPERABLE SEGMENT.— penalty charges, shall be credited to the appro- (A) the term ‘‘eligible project’’ has the mean- The amount stipulated in an agreement under priation account from which the funds were ing given the term ‘‘capital project’’ in section this subparagraph for a new fixed guideway originally derived. 5302 of title 49, United States Code; and capital project, core capacity improvement (10) AVAILABILITY OF AMOUNTS.— (B) the term ‘‘eligible recipient’’ means a re- project, or small start project shall be sufficient (A) IN GENERAL.—An amount made available cipient or subrecipient, as those terms are de- to complete at least an operable segment. for an eligible project shall remain available to fined in section 5310 of title 49, United States (v) EXCEPTION.— that eligible project for 4 fiscal years, including Code. (I) IN GENERAL.—The Secretary, to the max- the fiscal year in which the amount is made (2) GENERAL AUTHORITY.—The Secretary may imum extent practicable, shall provide Federal available. Any amounts that are unobligated to make grants under this subsection to eligible re- assistance under this subsection for a small start the eligible project at the end of the 4-fiscal-year cipients to assist in financing innovative project in a single grant. If the Secretary cannot period may be used by the Secretary for any projects for the transportation disadvantaged provide such a single grant, the Secretary may purpose under this subsection. that improve the coordination of transportation execute an expedited grant agreement in order (B) USE OF DEOBLIGATED AMOUNTS.—An services and nonemergency medical transpor- to include a commitment on the part of the Sec- amount available under this subsection that is tation services, including— retary to provide funding for the project in fu- deobligated may be used for any purpose under (A) the deployment of coordination tech- ture fiscal years. this subsection. nology; (II) TERMS OF EXPEDITED GRANT AGREE- (11) ANNUAL REPORT ON EXPEDITED PROJECT (B) projects that create or increase access to MENTS.—In executing an expedited grant agree- DELIVERY FOR CAPITAL INVESTMENT GRANTS.— community One-Call/One-Click Centers; and ment under this clause, the Secretary may in- Not later than the first Monday in February of (C) such other projects as determined appro- clude in the agreement terms similar to those es- each year, the Secretary shall submit to the priate by the Secretary. tablished under clause (iii). Committee on Banking, Housing, and Urban Af- (3) APPLICATION.—An eligible recipient shall (C) LIMITATION ON AMOUNTS.— fairs and the Committee on Appropriations of submit to the Secretary an application that, at (i) IN GENERAL.—The Secretary may enter into the Senate and the Committee on Transpor- a minimum, contains— full funding grant agreements under this para- tation and Infrastructure and the Committee on (A) a detailed description of the eligible graph for eligible projects that contain contin- Appropriations of the House of Representatives project; gent commitments to incur obligations in such a report that includes a proposed amount to be (B) an identification of all eligible project amounts as the Secretary determines are appro- available to finance grants for anticipated partners and their specific role in the eligible priate. projects under this subsection. project, including— (ii) APPROPRIATION REQUIRED.—An obligation (12) BEFORE AND AFTER STUDY AND REPORT.— (i) private entities engaged in the coordination may be made under this paragraph only when (A) STUDY REQUIRED.—Each recipient shall of nonemergency medical transportation services amounts are appropriated for obligation. conduct a study that— for the transportation disadvantaged; or (D) NOTIFICATION TO CONGRESS.— (i) describes and analyzes the impacts of the (ii) nonprofit entities engaged in the coordina- (i) IN GENERAL.—Not later than 30 days before eligible project on public transportation services tion of nonemergency medical transportation the date on which the Secretary issues a letter and public transportation ridership; services for the transportation disadvantaged;

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8719 (C) a description of how the eligible project of the Council, including strategies for grantees (1) by striking the section designation and would— of programs that fund nonemergency medical heading and inserting the following: (i) improve local coordination or access to co- transportation, to use the cost-sharing policy in ‘‘§ 5312. Public transportation innovation’’; ordinated transportation services; a manner that does not violate applicable Fed- (2) by redesignating subsections (a) through (ii) reduce duplication of service, if applicable; eral laws; and (f) as subsections (b) through (g), respectively; and (B) incorporation of an allocated cost model to (iii) provide innovative solutions in the State (3) by inserting before subsection (b) (as so re- facilitate local coordination efforts that comply designated) the following: or community; and with applicable requirements of programs fund- (D) specific performance measures the eligible ‘‘(a) IN GENERAL.—The Secretary shall pro- ed by members of the Council, such as— vide assistance for projects and activities to ad- project will use to quantify actual outcomes (i) eligibility requirements; against expected outcomes. vance innovative public transportation research (ii) service delivery requirements; and and development in accordance with the re- (4) REPORT.—The Secretary shall make pub- (iii) reimbursement requirements. licly available an annual report on the pilot quirements of this section.’’; (4) REPORT.—The Council shall, concurrently (4) in subsection (e) (as so redesignated)— program carried out under this subsection for with submission to the President of a report con- each fiscal year, not later than December 31 of (A) in paragraph (3)— taining final recommendations of the Council, (i) in the matter preceding subparagraph (A), the calendar year in which that fiscal year transmit such report to the Committee on Trans- by inserting ‘‘demonstration, deployment, or ends. The report shall include a detailed de- portation and Infrastructure of the House of evaluation’’ before ‘‘project that’’; scription of the activities carried out under the Representatives and the Committee on Banking, (ii) in subparagraph (A), by striking ‘‘and’’ at pilot program, and an evaluation of the pro- Housing, and Urban Affairs of the Senate. the end; gram, including an evaluation of the perform- SEC. 3007. FORMULA GRANTS FOR RURAL AREAS. (iii) in subparagraph (B), by striking the pe- ance measures described in paragraph (3)(D). (a) IN GENERAL.—Section 5311 of title 49, riod at the end and inserting ‘‘; or’’; and (5) GOVERNMENT SHARE OF COSTS.— (iv) by adding at the end the following: (A) IN GENERAL.—The Government share of United States Code, is amended— ‘‘(C) the deployment of low or no emission ve- the cost of an eligible project carried out under (1) in subsection (c)(1), by striking subpara- hicles, zero emission vehicles, or associated ad- this subsection shall not exceed 80 percent. graphs (A) and (B) and inserting the following: vanced technology.’’; and (B) NON-GOVERNMENT SHARE.—The non-Gov- ‘‘(A) $5,000,000 for each fiscal year shall be ernment share of the cost of an eligible project distributed on a competitive basis by the Sec- (B) by striking paragraph (5) and inserting carried out under this subsection may be derived retary. the following: ‘‘(5) PROHIBITION.—The Secretary may not from in-kind contributions. ‘‘(B) $30,000,000 for each fiscal year shall be make grants under this subsection for the dem- (6) RULE OF CONSTRUCTION.—For purposes of apportioned as formula grants, as provided in this subsection, nonemergency medical transpor- subsection (j).’’; onstration, deployment, or evaluation of a vehi- tation services shall be limited to services eligible (2) in subsection (g)(3)— cle that is in revenue service unless the Sec- under Federal programs other than programs (A) by redesignating subparagraphs (A) retary determines that the project makes signifi- authorized under chapter 53 of title 49, United through (D) as subparagraphs (C) through (F), cant technological advancements in the vehicle. ‘‘(6) DEFINITIONS.—In this subsection— States Code. respectively; ‘‘(A) the term ‘direct carbon emissions’ means (c) COORDINATED MOBILITY.— (B) by inserting before subparagraph (C) (as (1) DEFINITIONS.—In this subsection, the fol- so redesignated) the following: the quantity of direct greenhouse gas emissions lowing definitions apply: ‘‘(A) may be provided in cash from non-Gov- from a vehicle, as determined by the Adminis- (A) ALLOCATED COST MODEL.—The term ‘‘allo- ernment sources; trator of the Environmental Protection Agency; cated cost model’’ means a method of deter- ‘‘(B) may be provided from revenues from the ‘‘(B) the term ‘low or no emission vehicle’ mining the cost of trips by allocating the cost to sale of advertising and concessions;’’; means— each trip purpose served by a transportation (C) in subparagraph (F) (as so redesignated) ‘‘(i) a passenger vehicle used to provide public provider in a manner that is proportional to the by inserting ‘‘, including all operating and cap- transportation that the Secretary determines level of transportation service that the transpor- ital costs of such service whether or not offset sufficiently reduces energy consumption or tation provider delivers for each trip purpose, to by revenue from such service,’’ after ‘‘the costs harmful emissions, including direct carbon emis- the extent permitted by applicable Federal laws. of a private operator for the unsubsidized seg- sions, when compared to a comparable standard (B) COUNCIL.—The term ‘‘Council’’ means the ment of intercity bus service’’; and vehicle; or Interagency Transportation Coordinating Coun- (3) in subsection (j)(1)— ‘‘(ii) a zero emission vehicle used to provide cil on Access and Mobility established under Ex- (A) in subparagraph (A)(iii), by striking ‘‘(as public transportation; and ecutive Order No. 13330 (49 U.S.C. 101 note). defined by the Bureau of the Census)’’ and in- ‘‘(C) the term ‘zero emission vehicle’ means a (2) STRATEGIC PLAN.—Not later than 1 year serting ‘‘(American Indian Areas, Alaska Native low or no emission vehicle that produces no car- after the date of enactment of this Act, the Areas, and Hawaiian Home Lands, as defined bon or particulate matter.’’; (5) by adding at the end the following: Council shall publish a strategic plan for the by the Bureau of the Census)’’; and ‘‘(h) LOW OR NO EMISSION VEHICLE COMPO- Council that— (B) by adding at the end the following: NENT ASSESSMENT.— (A) outlines the role and responsibilities of ‘‘(E) ALLOCATION BETWEEN MULTIPLE INDIAN ‘‘(1) DEFINITIONS.—In this subsection— each Federal agency with respect to local trans- TRIBES.—If more than 1 Indian tribe provides portation coordination, including nonemergency ‘‘(A) the term ‘covered institution of higher public transportation service on tribal lands in education’ means an institution of higher edu- medical transportation; a single Tribal Statistical Area, and the Indian (B) identifies a strategy to strengthen inter- cation with which the Secretary enters into a tribes do not determine how to allocate the contract or cooperative agreement, or to which agency collaboration; funds apportioned under clause (iii) of subpara- (C) addresses any outstanding recommenda- the Secretary makes a grant, under paragraph graph (A) between the Indian tribes, the Sec- (2)(B) to operate a facility selected under para- tions made by the Council in the 2005 Report to retary shall allocate the funds so that each In- the President relating to the implementation of graph (2)(A); dian tribe shall receive an amount equal to the ‘‘(B) the terms ‘direct carbon emissions’ and Executive Order No. 13330, including— total amount apportioned under such clause (iii) (i) a cost-sharing policy endorsed by the ‘low or no emission vehicle’ have the meanings multiplied by the ratio of the number of annual Council; and given those terms in subsection (e)(6); unlinked passenger trips provided by each In- (ii) recommendations to increase participation ‘‘(C) the term ‘institution of higher education’ dian tribe, as reported to the National Transit by recipients of Federal grants in locally devel- has the meaning given the term in section 102 of Database, to the total unlinked passenger trips oped, coordinated planning processes; the Higher Education Act of 1965 (20 U.S.C. (D) to the extent feasible, addresses rec- provided by all Indian tribes in the Tribal Sta- 1002); and ommendations by the Comptroller General con- tistical Area.’’. ‘‘(D) the term ‘low or no emission vehicle com- cerning local coordination of transportation (b) CONFORMING AMENDMENTS.—Section 5311 ponent’ means an item that is separately in- services; of such title is further amended— stalled in and removable from a low or no emis- (E) examines and proposes changes to Federal (1) in subsection (b) by striking sion vehicle. regulations that will eliminate Federal barriers ‘‘5338(a)(2)(E)’’ and inserting ‘‘5338(a)(2)(F)’’; ‘‘(2) ASSESSING LOW OR NO EMISSION VEHICLE to local transportation coordination, including (2) in subsection (c)– COMPONENTS.— non-emergency medical transportation; and (A) in paragraph (1), in the matter preceding ‘‘(A) IN GENERAL.—The Secretary shall com- (F) recommends to Congress changes to Fed- subparagraph (A), by striking ‘‘5338(a)(2)(E)’’ petitively select at least one facility to conduct eral laws, including chapter 7 of title 42, United and inserting ‘‘5338(a)(2)(F)’’; testing, evaluation, and analysis of low or no States Code, that will eliminate Federal barriers (B) in paragraph (2)(C), by striking emission vehicle components intended for use in to local transportation coordination, including ‘‘5338(a)(2)(E)’’ and inserting ‘‘5338(a)(2)(F)’’; low or no emission vehicles. nonemergency medical transportation. and ‘‘(B) OPERATION AND MAINTENANCE.— (3) DEVELOPMENT OF COST-SHARING POLICY IN (C) in paragraph (3)(A), by striking ‘‘(i) IN GENERAL.—The Secretary shall enter COMPLIANCE WITH APPLICABLE FEDERAL LAWS.— ‘‘5338(a)(2)(E)’’ and inserting ‘‘5338(a)(2)(F)’’. into a contract or cooperative agreement with, In establishing the cost-sharing policy required SEC. 3008. PUBLIC TRANSPORTATION INNOVA- or make a grant to, at least one institution of under paragraph (2), the Council may consider, TION. higher education to operate and maintain a fa- to the extent practicable— (a) CONSOLIDATION OF PROGRAMS.—Section cility selected under subparagraph (A). (A) the development of recommended strate- 5312 of title 49, United States Code, is amend- ‘‘(ii) REQUIREMENTS.—An institution of higher gies for grantees of programs funded by members ed— education described in clause (i) shall have—

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‘‘(I) capacity to carry out transportation-re- ‘‘(2) INDEPENDENT GOVERNING BOARD.— agreements to assist providers of public trans- lated advanced component and vehicle evalua- ‘‘(A) ESTABLISHMENT.—The Secretary shall es- portation to— tion; tablish an independent governing board for the ‘‘(A) comply with the Americans with Disabil- ‘‘(II) laboratories capable of testing and eval- program under this subsection. ities Act of 1990 (42 U.S.C. 12101 et seq.) through uation; and ‘‘(B) RECOMMENDATIONS.—The board shall technical assistance, demonstration programs, ‘‘(III) direct access to or a partnership with a recommend public transportation research, de- research, public education, and other activities testing facility capable of emulating real-world velopment, and technology transfer activities related to complying with such Act; circumstances in order to test low or no emission the Secretary considers appropriate. ‘‘(B) comply with human services transpor- vehicle components installed on the intended ve- ‘‘(3) FEDERAL ASSISTANCE.—The Secretary tation coordination requirements and to en- hicle. may make grants to, and enter into cooperative hance the coordination of Federal resources for ‘‘(C) FEES.—A covered institution of higher agreements with, the National Academy of human services transportation with those of the education shall establish and collect fees, which Sciences to carry out activities under this sub- Department of Transportation through tech- shall be approved by the Secretary, for the as- section that the Secretary considers appropriate. nical assistance, training, and support services sessment of low or no emission vehicle compo- ‘‘(4) GOVERNMENT SHARE OF COSTS.—If there related to complying with such requirements; nents at the applicable facility selected under would be a clear and direct financial benefit to ‘‘(C) meet the transportation needs of elderly subparagraph (A). an entity under a grant or contract financed individuals; ‘‘(D) increase transit ridership in coordination ‘‘(D) AVAILABILITY OF AMOUNTS TO PAY FOR under this subsection, the Secretary shall estab- with metropolitan planning organizations and ASSESSMENT.—The Secretary shall enter into a lish a Government share consistent with that other entities through development around pub- contract or cooperative agreement with, or make benefit. lic transportation stations through technical as- a grant to an institution of higher education ‘‘(5) LIMITATION ON APPLICABILITY.—Sub- sistance and the development of tools, guidance, under which— sections (f) and (g) shall not apply to activities and analysis related to market-based develop- ‘‘(i) the Secretary shall pay 50 percent of the carried out under this subsection.’’. cost of assessing a low or no emission vehicle ment around transit stations; (b) CONFORMING AMENDMENTS.—Section 5312 ‘‘(E) address transportation equity with re- component at the applicable facility selected of such title (as amended by subsection (a) of gard to the effect that transportation planning, under subparagraph (A) from amounts made this section) is further amended— investment, and operations have for low-income available to carry out this section; and (1) in subsection (c)(1) by striking ‘‘subsection and minority individuals; ‘‘(ii) the remaining 50 percent of such cost (a)(2)’’ and inserting ‘‘subsection (b)(2)’’; ‘‘(F) facilitate best practices to promote bus shall be paid from amounts recovered through (2) in subsection (d)— driver safety; the fees established and collected pursuant to (A) in paragraph (1) by striking ‘‘subsection ‘‘(G) meet the requirements of sections 5323(j) subparagraph (C). (a)(2)’’ and inserting ‘‘subsection (b)(2)’’; and and 5323(m); ‘‘(E) VOLUNTARY TESTING.—A manufacturer of (B) in paragraph (2)(A) by striking ‘‘sub- ‘‘(H) assist with the development and deploy- a low or no emission vehicle component is not section (b)’’ and inserting ‘‘subsection (c)’’; ment of low or no emission vehicles (as defined required to assess the low or no emission vehicle (3) in subsection (e)(2) in each of subpara- in section 5339(c)(1)) or low or no emission vehi- component at a facility selected under subpara- graphs (A) and (B) by striking ‘‘subsection cle components (as defined in section graph (A). (a)(2)’’ and inserting ‘‘subsection (b)(2)’’; and 5312(h)(1)); and ‘‘(F) COMPLIANCE WITH SECTION 5318.—Not- (4) in subsection (f)(2) by striking ‘‘subsection ‘‘(I) any other technical assistance activity withstanding whether a low or no emission vehi- (d)(4)’’ and inserting ‘‘subsection (e)(4)’’. that the Secretary determines is necessary to ad- cle component is assessed at a facility selected (c) CLERICAL AMENDMENT.—The analysis for vance the interests of public transportation. under subparagraph (A), each new bus model chapter 53 of such title is amended by striking ‘‘(3) ANNUAL REPORT ON TECHNICAL ASSIST- shall comply with the requirements under sec- the item relating to section 5312 and inserting ANCE.—Not later than the first Monday in Feb- tion 5318. the following: ruary of each year, the Secretary shall submit to ‘‘(G) SEPARATE FACILITY.—A facility selected ‘‘5312. Public transportation innovation.’’. the Committee on Banking, Housing, and Urban under subparagraph (A) shall be separate and SEC. 3009. TECHNICAL ASSISTANCE AND WORK- Affairs and the Committee on Appropriations of distinct from the facility operated and main- FORCE DEVELOPMENT. the Senate and the Committee on Transpor- tained under section 5318. (a) IN GENERAL.—Section 5314 of title 49, tation and Infrastructure, the Committee on ‘‘(3) LOW OR NO EMISSION VEHICLE COMPONENT United States Code, is amended to read as fol- Science, Space, and Technology, and the Com- PERFORMANCE REPORTS.—Not later than 2 years lows: mittee on Appropriations of the House of Rep- after the date of enactment of the Federal Pub- resentatives a report that includes— lic Transportation Act of 2015, and annually ‘‘§ 5314. Technical assistance and workforce ‘‘(A) a description of each project that re- thereafter, the Secretary shall issue a report on development ceived assistance under this subsection during low or no emission vehicle component assess- ‘‘(a) TECHNICAL ASSISTANCE AND STAND- the preceding fiscal year; ments conducted at each facility selected under ARDS.— ‘‘(B) an evaluation of the activities carried paragraph (2)(A), which shall include informa- ‘‘(1) TECHNICAL ASSISTANCE AND STANDARDS out by each organization that received assist- tion related to the maintainability, reliability, DEVELOPMENT.— ance under this subsection during the preceding performance, structural integrity, efficiency, ‘‘(A) IN GENERAL.—The Secretary may make fiscal year; and noise of those low or no emission vehicle grants and enter into contracts, cooperative ‘‘(C) a proposal for allocations of amounts for components. agreements, and other agreements (including assistance under this subsection for the subse- ‘‘(4) PUBLIC AVAILABILITY OF ASSESSMENTS.— agreements with departments, agencies, and in- quent fiscal year; and Each assessment conducted at a facility selected strumentalities of the Government) to carry out ‘‘(D) measurable outcomes and impacts of the under paragraph (2)(A) shall be made publicly activities that the Secretary determines will as- programs funded under subsections (b) and (c). OVERNMENT SHARE OF COSTS.— available, including to affected industries. sist recipients of assistance under this chapter ‘‘(4) G ‘‘(A) IN GENERAL.—The Government share of ‘‘(5) RULE OF CONSTRUCTION.—Nothing in this to— the cost of an activity carried out using a grant subsection shall be construed to require— ‘‘(i) more effectively and efficiently provide under this subsection may not exceed 80 percent. ‘‘(A) a low or no emission vehicle component public transportation service; ‘‘(B) NON-GOVERNMENT SHARE.—The non-Gov- to be tested at a facility selected under para- ‘‘(ii) administer funds received under this chapter in compliance with Federal law; and ernment share of the cost of an activity carried graph (2)(A); or out using a grant under this subsection may be ‘‘(B) the development or disclosure of a pri- ‘‘(iii) improve public transportation. ‘‘(B) ELIGIBLE ACTIVITIES.—The activities car- derived from in-kind contributions. vately funded component assessment.’’. UMAN RESOURCES AND TRAINING.— ried out under subparagraph (A) may include— ‘‘(b) H (6) in subsection (f) (as so redesignated)— ‘‘(1) IN GENERAL.—The Secretary may under- ‘‘(i) technical assistance; and (A) by striking ‘‘(f)’’ and all that follows be- take, or make grants and contracts for, pro- ‘‘(ii) the development of voluntary and con- fore paragraph (1) and inserting the following: grams that address human resource needs as sensus-based standards and best practices by ‘‘(g) ANNUAL REPORT ON RESEARCH.—Not later they apply to public transportation activities. A the public transportation industry, including than the first Monday in February of each year, program may include— the Secretary shall make available to the public standards and best practices for safety, fare col- ‘‘(A) an employment training program; on the Web site of the Department of Transpor- lection, intelligent transportation systems, ac- ‘‘(B) an outreach program to increase employ- tation, a report that includes—’’; and cessibility, procurement, security, asset manage- ment for veterans, females, individuals with a (B) in paragraph (1) by adding ‘‘and’’ at the ment to maintain a state of good repair, oper- disability, minorities (including American Indi- end; ations, maintenance, vehicle propulsion, com- ans or Alaska Natives, Asian, Black or African (C) in paragraph (2) by striking ‘‘; and’’ and munications, and vehicle electronics. Americans, native Hawaiians or other Pacific inserting a period; and ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary, Islanders, and Hispanics) in public transpor- (D) by striking paragraph (3); and through a competitive bid process, may enter tation activities; (7) by adding at the end the following: into contracts, cooperative agreements, and ‘‘(C) research on public transportation per- ‘‘(i) TRANSIT COOPERATIVE RESEARCH PRO- other agreements with national nonprofit orga- sonnel and training needs; GRAM.— nizations that have the appropriate dem- ‘‘(D) training and assistance for veteran and ‘‘(1) IN GENERAL.—The amounts made avail- onstrated capacity to provide public-transpor- minority business opportunities; and able under section 5338(a)(2)(G)(ii) are available tation-related technical assistance under this ‘‘(E) consensus-based national training stand- for a public transportation cooperative research subsection. The Secretary may enter into such ards and certifications in partnership with in- program. contracts, cooperative agreements, and other dustry stakeholders.

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‘‘(2) INNOVATIVE PUBLIC TRANSPORTATION scription of activities carried out under this (b) CLERICAL AMENDMENT.—The analysis for FRONTLINE WORKFORCE DEVELOPMENT PRO- paragraph, an evaluation of the program, and chapter 53 of such title is amended by striking GRAM.— policy recommendations to improve program ef- the item relating to section 5314 and inserting ‘‘(A) IN GENERAL.—The Secretary shall estab- fectiveness. the following: lish a competitive grant program to assist the ‘‘(3) GOVERNMENT’S SHARE OF COSTS.—The ‘‘5314. Technical assistance and workforce de- development of innovative activities eligible for Government share of the cost of a project car- velopment.’’. assistance under paragraph (1). ried out using a grant under paragraph (1) or SEC. 3010. PRIVATE SECTOR PARTICIPATION. ‘‘(B) ELIGIBLE PROGRAMS.—A program eligible (2) shall be 50 percent. (a) IN GENERAL.—Section 5315 of title 49, for assistance under paragraph (1) shall— ‘‘(4) AVAILABILITY OF AMOUNTS.—Not more United States Code, is amended by adding at the ‘‘(i) develop apprenticeships, on-the-job train- than 0.5 percent of amounts made available to a end the following: ing, and instructional training for public trans- recipient under sections 5307, 5337, and 5339 is ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this portation maintenance and operations occupa- available for expenditures by the recipient, with section shall be construed to alter— tions; the approval of the Secretary, to pay not more ‘‘(1) the eligibilities, requirements, or priorities ‘‘(ii) build local, regional, and statewide pub- than 80 percent of the cost of eligible activities for assistance provided under this chapter; or lic transportation training partnerships with under this subsection. ‘‘(2) the requirements of section 5306(a).’’. local public transportation operators, labor ‘‘(c) NATIONAL TRANSIT INSTITUTE.— (b) MAP–21 TECHNICAL CORRECTION.—Section union organizations, workforce development ‘‘(1) ESTABLISHMENT.—The Secretary shall es- 20013(d) of MAP–21 (Public Law 112–141; 126 boards, and State workforce agencies to identify tablish a national transit institute and award Stat. 694) is amended by striking ‘‘5307(c)’’ and and address workforce skill gaps; grants to a public 4-year degree-granting insti- inserting ‘‘5307(b)’’. ‘‘(iii) improve safety, security, and emergency tution of higher education, as defined in section SEC. 3011. GENERAL PROVISIONS. preparedness in local public transportation sys- 101(a) of the Higher Education Act of 1965 (20 Section 5323 of title 49, United States Code, is tems through improved safety culture and work- U.S.C. 1001(a)), in order to carry out the duties amended— force communication with first responders and of the institute. (1) in subsection (h)— the riding public; and ‘‘(2) DUTIES.— (A) in paragraph (1), by striking ‘‘or’’ at the ‘‘(iv) address current or projected workforce ‘‘(A) IN GENERAL.—In cooperation with the end; shortages by developing partnerships with high Federal Transit Administration, State transpor- (B) by redesignating paragraph (2) as para- schools, community colleges, and other commu- tation departments, public transportation au- graph (3); and nity organizations. thorities, and national and international enti- (C) by inserting after paragraph (1) the fol- ‘‘(C) SELECTION OF RECIPIENTS.—To the max- ties, the institute established under paragraph lowing: imum extent feasible, the Secretary shall select (1) shall develop and conduct training and edu- ‘‘(2) pay incremental costs of incorporating recipients that— cational programs for Federal, State, and local art or non-functional landscaping into facilities, ‘‘(i) are geographically diverse; transportation employees, United States citi- including the costs of an artist on the design ‘‘(ii) address the workforce and human re- zens, and foreign nationals engaged or to be en- team; or’’; sources needs of large public transportation pro- gaged in Government-aid public transportation (2) in subsection (j)— viders; work. (A) in paragraph (2), by striking subpara- ‘‘(iii) address the workforce and human re- ‘‘(B) TRAINING AND EDUCATIONAL PROGRAMS.— graph (C) and inserting the following: sources needs of small public transportation pro- The training and educational programs devel- ‘‘(C) when procuring rolling stock (including viders; oped under subparagraph (A) may include train control, communication, traction power ‘‘(iv) address the workforce and human re- courses in recent developments, techniques, and equipment, and rolling stock prototypes) under sources needs of urban public transportation procedures related to— this chapter— providers; ‘‘(i) intermodal and public transportation ‘‘(i) the cost of components and subcompo- ‘‘(v) address the workforce and human re- planning; nents produced in the United States— sources needs of rural public transportation pro- ‘‘(ii) management; ‘‘(I) for fiscal years 2016 and 2017, is more viders; ‘‘(iii) environmental factors; than 60 percent of the cost of all components of ‘‘(vi) advance training related to maintenance ‘‘(iv) acquisition and joint use rights-of-way; the rolling stock; of low or no emission vehicles and facilities used ‘‘(v) engineering and architectural design; ‘‘(II) for fiscal years 2018 and 2019, is more in public transportation; ‘‘(vi) procurement strategies for public trans- than 65 percent of the cost of all components of ‘‘(vii) target areas with high rates of unem- portation systems; the rolling stock; and ‘‘(III) for fiscal year 2020 and each fiscal year ployment; ‘‘(vii) turnkey approaches to delivering public thereafter, is more than 70 percent of the cost of ‘‘(viii) advance opportunities for minorities, transportation systems; all components of the rolling stock; and women, veterans, individuals with disabilities, ‘‘(viii) new technologies; ‘‘(ix) emission reduction technologies; ‘‘(ii) final assembly of the rolling stock has oc- low-income populations, and other underserved ‘‘(x) ways to make public transportation ac- curred in the United States; or’’; populations; and cessible to individuals with disabilities; (B) by redesignating paragraphs (5) through ‘‘(ix) address in-demand industry sector or oc- ‘‘(xi) construction, construction management, (9) as paragraphs (7) through (11), respectively; cupation, as such term is defined in section 3 of insurance, and risk management; (C) by inserting after paragraph (4) the fol- the Workforce Innovation and Opportunity Act ‘‘(xii) maintenance; lowing: (29 U.S.C. 3102). ‘‘(xiii) contract administration; ‘‘(5) ROLLING STOCK FRAMES OR CAR SHELLS.— ‘‘(D) PROGRAM OUTCOMES.—A recipient of as- ‘‘(xiv) inspection; In carrying out paragraph (2)(C) in the case of sistance under this subsection shall demonstrate ‘‘(xv) innovative finance; a rolling stock procurement receiving assistance outcomes for any program that includes skills ‘‘(xvi) workplace safety; and under this chapter in which the average cost of training, on-the-job training, and work-based ‘‘(xvii) public transportation security. a rolling stock vehicle in the procurement is learning, including— ‘‘(3) PROVISION FOR EDUCATION AND TRAIN- more than $300,000, if rolling stock frames or car ‘‘(i) the impact on reducing public transpor- ING.—Education and training of Government, shells are not produced in the United States, the tation workforce shortages in the area served; State, and local transportation employees under Secretary shall include in the calculation of the ‘‘(ii) the diversity of training participants; this subsection shall be provided— domestic content of the rolling stock the cost of ‘‘(iii) the number of participants obtaining ‘‘(A) by the Secretary at no cost to the States steel or iron that is produced in the United certifications or credentials required for specific and local governments for subjects that are a States and used in the rolling stock frames or types of employment; Government program responsibility; or car shells. ‘‘(iv) employment outcomes, including job ‘‘(B) when the education and training are ‘‘(6) CERTIFICATION OF DOMESTIC SUPPLY AND placement, job retention, and wages, using per- paid under paragraph (4), by the State, with the DISCLOSURE.— formance metrics established in consultation approval of the Secretary, through grants and ‘‘(A) CERTIFICATION OF DOMESTIC SUPPLY.—If with the Secretary and the Secretary of Labor contracts with public and private agencies, the Secretary denies an application for a waiver and consistent with metrics used by programs other institutions, individuals, and the institute. under paragraph (2), the Secretary shall provide under the Workforce Innovation and Oppor- ‘‘(4) AVAILABILITY OF AMOUNTS.— to the applicant a written certification that— tunity Act (29 U.S.C. 3101 et seq.); and ‘‘(A) IN GENERAL.—Not more than 0.5 percent ‘‘(i) the steel, iron, or manufactured goods, as ‘‘(v) to the extent practical, evidence that the of amounts made available to a recipient under applicable, (referred to in this subparagraph as program did not preclude workers who are par- sections 5307, 5337, and 5339 is available for ex- the ‘item’) is produced in the United States in a ticipating in skills training, on-the-job training, penditures by the recipient, with the approval of sufficient and reasonably available amount; and work-based learning from being referred to, the Secretary, to pay not more than 80 percent ‘‘(ii) the item produced in the United States is or hired on, projects funded under this chapter of the cost of eligible activities under this sub- of a satisfactory quality; and without regard to the length of time of their section. ‘‘(iii) includes a list of known manufacturers participation in the program. ‘‘(B) EXISTING PROGRAMS.—A recipient may in the United States from which the item can be ‘‘(E) REPORT TO CONGRESS.—The Secretary use amounts made available under subpara- obtained. shall make publicly available a report on the graph (A) to carry out existing local education ‘‘(B) DISCLOSURE.—The Secretary shall dis- Frontline Workforce Development Program for and training programs for public transportation close the waiver denial and the written certifi- each fiscal year, not later than December 31 of employees supported by the Secretary, the De- cation to the public in an easily identifiable lo- the calendar year in which that fiscal year partment of Labor, or the Department of Edu- cation on the website of the Department of ends. The report shall include a detailed de- cation.’’. Transportation.’’;

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8722 CONGRESSIONAL RECORD — HOUSE December 1, 2015 (D) in paragraph (8), as so redesignated, by ‘‘(D) minimum safety standards to ensure the (C) in subparagraph (D) by striking the period striking ‘‘Federal Public Transportation Act of safe operation of public transportation systems at the end and inserting ‘‘; and’’; and 2012’’ and inserting ‘‘Federal Public Transpor- that— (D) by adding at the end the following: tation Act of 2015’’; and ‘‘(i) are not related to performance standards ‘‘(E) withholding not more than 25 percent of (E) by inserting after paragraph (11), as so re- for public transportation vehicles developed financial assistance under section 5307.’’; designated, the following: under subparagraph (C); and (5) in subsection (g)(2)(A)— ‘‘(12) STEEL AND IRON.—For purposes of this ‘‘(ii) to the extent practicable, take into con- (A) by inserting after ‘‘funds’’ the following: subsection, steel and iron meeting the require- sideration— ‘‘or withhold funds’’; and ments of section 661.5(b) of title 49, Code of Fed- ‘‘(I) relevant recommendations of the National (B) by inserting ‘‘or (1)(E)’’ after ‘‘paragraph eral Regulations may be considered produced in Transportation Safety Board; (1)(D)’’; and the United States. ‘‘(II) best practices standards developed by the (6) by striking subsection (h) and inserting the ‘‘(13) DEFINITION OF SMALL PURCHASE.—For public transportation industry; following: purposes of determining whether a purchase ‘‘(III) any minimum safety standards or per- ‘‘(h) RESTRICTIONS AND PROHIBITIONS.— qualifies for a general public interest waiver formance criteria being implemented across the ‘‘(1) RESTRICTIONS AND PROHIBITIONS.—The under paragraph (2)(A) of this subsection, in- public transportation industry; Secretary shall issue restrictions and prohibi- cluding under any regulation promulgated ‘‘(IV) relevant recommendations from the re- tions by whatever means are determined nec- under that paragraph, the term ‘small purchase’ port under section 3020 of the Federal Public essary and appropriate, without regard to sec- means a purchase of not more than $150,000.’’; Transportation Act of 2015; and tion 5334(c), if, through testing, inspection, in- ‘‘(V) any additional information that the Sec- (3) in subsection (q)(1), by striking the second vestigation, audit, or research carried out under retary determines necessary and appropriate; sentence; and this chapter, the Secretary determines that an and’’; (4) by adding at the end the following: unsafe condition or practice, or a combination (2) in subsection (e)— of unsafe conditions and practices, exist such ‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR (A) by redesignating paragraphs (8) and (9) as LOCAL SHARE.—Notwithstanding any other pro- that there is a substantial risk of death or per- paragraphs (9) and (10), respectively; and sonal injury. vision of law, a recipient of assistance under (B) by inserting after paragraph (7) the fol- this chapter may use the revenue generated ‘‘(2) NOTICE.—The notice of restriction or pro- lowing: hibition shall describe the condition or practice, from value capture financing mechanisms as ‘‘(8) FEDERAL SAFETY MANAGEMENT.— the subsequent risk and the standards and pro- local matching funds for capital projects and ‘‘(A) IN GENERAL.—If the Secretary determines operating costs eligible under this chapter. that a State safety oversight program is not cedures required to address the restriction or ‘‘(t) SPECIAL CONDITION ON CHARTER BUS being carried out in accordance with this sec- prohibition. ‘‘(3) CONTINUED AUTHORITY.—Nothing in this TRANSPORTATION SERVICE.—If, in a fiscal year, tion, has become inadequate to ensure the en- subsection shall be construed as limiting the the Secretary is prohibited by law from enforc- forcement of Federal safety regulation, or is in- Secretary’s authority to maintain a restriction ing regulations related to charter bus service capable of providing adequate safety oversight or prohibition for as long as is necessary to en- under part 604 of title 49, Code of Federal Regu- consistent with the prevention of substantial sure that the risk has been substantially ad- lations, for any transit agency that during fis- risk of death, or personal injury, the Secretary dressed.’’. cal year 2008 was both initially granted a 60-day shall administer the State safety oversight pro- period to come into compliance with such part gram until the eligible State develops a State SEC. 3014. APPORTIONMENTS. 604, and then was subsequently granted an ex- safety oversight program certified by the Sec- Section 5336 of title 49, United States Code, is ception from such part— retary in accordance with this subsection. amended— ‘‘(1) the transit agency shall be precluded ‘‘(B) TEMPORARY FEDERAL OVERSIGHT.—In (1) in subsection (a) in the matter preceding from receiving its allocation of urbanized area making a determination under subparagraph paragraph (1) by striking ‘‘subsection (h)(4)’’ formula grant funds for such fiscal year; and (A), the Secretary shall— and inserting ‘‘subsection (h)(5)’’; ‘‘(2) any amounts withheld pursuant to para- ‘‘(i) transmit to the eligible State and affected (2) in subsection (b)(2)(E) by striking ‘‘22.27 graph (1) shall be added to the amount that the recipient or recipients, a written explanation of percent’’ and inserting ‘‘27 percent’’; and Secretary may apportion under section 5336 in the determination or subsequent finding, includ- (3) in subsection (h)— the following fiscal year.’’. ing any intention to withhold funding under (A) by striking paragraph (1) and inserting SEC. 3012. PROJECT MANAGEMENT OVERSIGHT. this section, the amount of funds proposed to be the following: ‘‘(1) $30,000,000 shall be set aside each fiscal Section 5327 of title 49, United States Code, is withheld, and if applicable, a formal notice of a year to carry out section 5307(h);’’; and amended— withdrawal of State safety oversight program (B) by striking paragraph (3) and inserting (1) in subsection (c) by striking ‘‘section approval; and the following: 5338(i)’’ and inserting section ‘‘5338(f)’’ ; and ‘‘(ii) require the State to submit a State safety oversight program or modification for certifi- ‘‘(3) of amounts not apportioned under para- (2) in subsection (d)— graphs (1) and (2)— (A) in paragraph (1)— cation by the Secretary that meets the require- ments of this subsection. ‘‘(A) for fiscal years 2016 through 2018, 1.5 (i) by striking ‘‘section 5338(i)’’ and inserting percent shall be apportioned to urbanized areas section 5338(f); and ‘‘(C) FAILURE TO CORRECT.—If the Secretary determines in accordance with subparagraph with populations of less than 200,000 in accord- (ii) by striking ‘‘and’’ at the end; and ance with subsection (i); and (B) by striking paragraph (2) and inserting (A), that a State safety oversight program or modification required pursuant to subparagraph ‘‘(B) for fiscal years 2019 and 2020, 2 percent the following: shall be apportioned to urbanized areas with ‘‘(2) a requirement that oversight— (B)(ii), submitted by a State is not sufficient, the Secretary may— populations of less than 200,000 in accordance ‘‘(A) begin during the project development with subsection (i);’’. phase of a project, unless the Secretary finds it ‘‘(i) withhold funds available under para- SEC. 3015. STATE OF GOOD REPAIR GRANTS. more appropriate to begin the oversight during graph (6) in an amount determined by the Sec- (a) IN GENERAL.—Section 5337 of title 49, another phase of the project, to maximize the retary; ‘‘(ii) beginning 1 year after the date of the de- United States Code, is amended— transportation benefits and cost savings associ- termination, withhold not more than 5 percent (1) in subsection (c)(2)(B), by inserting ‘‘the ated with project management oversight; and of the amount required to be appropriated for provisions of’’ before ‘‘section 5336(b)(1)’’; ‘‘(B) be limited to quarterly reviews of compli- use in a State or an urbanized area in the State (2) in subsection (d)— ance by the recipient with the project manage- under section 5307, until the State safety over- (A) in paragraph (2) by inserting ‘‘vehicle’’ ment plan approved under subsection (b) unless sight program or modification has been certified; after ‘‘motorbus’’; and the Secretary finds that the recipient requires and (B) by adding at the end the following: more frequent oversight because the recipient ‘‘(iii) use any other authorities authorized ‘‘(5) USE OF FUNDS.—Amounts apportioned has failed to meet the requirements of such plan under this chapter considered necessary and ap- under this subsection may be used for any and the project may be at risk of going over propriate. project that is an eligible project under sub- budget or becoming behind schedule; and ‘‘(D) ADMINISTRATIVE AND OVERSIGHT ACTIVI- section (b)(1).’’; and ‘‘(3) a process for recipients that the Secretary TIES.—To carry out administrative and over- (3) by adding at the end the following: has found require more frequent oversight to re- sight activities authorized by this paragraph, ‘‘(e) GOVERNMENT SHARE OF COSTS.— turn to quarterly reviews for purposes of para- the Secretary may use grant funds apportioned ‘‘(1) CAPITAL PROJECTS.—A grant for a capital graph (2)(B).’’. to an eligible State, under paragraph (6), to de- project under this section shall be for 80 percent SEC. 3013. PUBLIC TRANSPORTATION SAFETY velop or carry out a State safety oversight pro- of the net project cost of the project. The recipi- PROGRAM. gram.’’; ent may provide additional local matching Section 5329 of title 49, United States Code, is (3) in subsection (f)(2), by inserting ‘‘or the amounts. amended— public transportation industry generally’’ after ‘‘(2) REMAINING COSTS.—The remainder of the (1) in subsection (b)(2)— ‘‘recipients’’; net project cost shall be provided— (A) in subparagraph (C) by striking ‘‘and’’ at (4) in subsection (g)(1)— ‘‘(A) in cash from non-Government sources; the end; (A) in the matter preceding subparagraph (A) ‘‘(B) from revenues derived from the sale of (B) by redesignating subparagraph (D) as sub- by striking ‘‘an eligible State, as defined in sub- advertising and concessions; or paragraph (E); and section (e),’’ and inserting ‘‘a recipient’’; ‘‘(C) from an undistributed cash surplus, a re- (C) by inserting after subparagraph (C) the (B) in subparagraph (C) by striking ‘‘and’’ at placement or depreciation cash fund or reserve, following: the end; or new capital.’’.

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(b) CONFORMING AMENDMENTS.—Section 5337 ‘‘(J) $4,000,000 for each of fiscal years 2016 ‘‘(F) 0.5 percent of amounts made available to of such title is further amended— through 2020 shall be available to carry out sec- carry out section 5311. (1) in subsection (c)(1) by striking tion 5335; ‘‘(G) 1 percent of amounts made available to ‘‘5338(a)(2)(I)’’ and inserting ‘‘5338(a)(2)(K)’’; ‘‘(K) $2,507,000,000 for fiscal year 2016, carry out section 5337, of which not less than and $2,549,670,000 for fiscal year 2017, $2,593,703,558 0.25 percent of amounts made available for this (2) in subsection (d)(2) by striking for fiscal year 2018, $2,638,366,859 for fiscal year subparagraph shall be available to carry out ‘‘5338(a)(2)(I)’’ and inserting ‘‘5338(a)(2)(K)’’. 2019, and $2,683,798,369 for fiscal year 2020 shall section 5329. SEC. 3016. AUTHORIZATIONS. be available to carry out section 5337; ‘‘(H) 0.75 percent of amounts made available Section 5338 of title 49, United States Code, is ‘‘(L) $427,800,000 for fiscal year 2016, to carry out section 5339. amended to read as follows: $436,356,000 for fiscal year 2017, $445,519,476 for ‘‘(2) ACTIVITIES.—The activities described in fiscal year 2018, $454,964,489 for fiscal year 2019, this paragraph are as follows: ‘‘SEC. 5338. AUTHORIZATIONS. and $464,609,736 for fiscal year 2020 shall be ‘‘(A) Activities to oversee the construction of a ‘‘(a) GRANTS.— available for the bus and buses facilities pro- major capital project. ‘‘(1) IN GENERAL.—There shall be available gram under section 5339(a); ‘‘(B) Activities to review and audit the safety from the Mass Transit Account of the Highway ‘‘(M) $268,000,000 for fiscal year 2016, and security, procurement, management, and fi- Trust Fund to carry out sections 5305, 5307, $283,600,000 for fiscal year 2017, $301,514,000 for nancial compliance of a recipient or subrecipient 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and fiscal year 2018, $322,059,980 for fiscal year 2019, of funds under this chapter. 5340, section 20005(b) of the Federal Public and $344,044,179 for fiscal year 2020 shall be ‘‘(C) Activities to provide technical assistance Transportation Act of 2012, and sections 3006(b) available for buses and bus facilities competitive generally, and to provide technical assistance to of the Federal Public Transportation Act of grants under section 5339(b) and no or low emis- correct deficiencies identified in compliance re- 2015— sion grants under section 5339(c), of which views and audits carried out under this section. ‘‘(A) $9,347,604,639 for fiscal year 2016; $55,000,000 for each of fiscal years 2016 through ‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov- ‘‘(B) $9,534,706,043 for fiscal year 2017; 2020 shall be available to carry out section ernment shall pay the entire cost of carrying out ‘‘(C) $9,733,353,407 for fiscal year 2018; 5339(c); and a contract under this subsection. ‘‘(D) $9,939,380,030 for fiscal year 2019; and ‘‘(N) $536,261,539 for fiscal year 2016, ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds ‘‘(E) $10,150,348,462 for fiscal year 2020. $544,433,788 for fiscal year 2017, $552,783,547 for made available under paragraph (1)(C) shall be ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts fiscal year 2018, $561,315,120 for fiscal year 2019 made available to the Secretary before allo- made available under paragraph (1)— and $570,032,917 for fiscal year 2020, to carry out cating the funds appropriated to carry out any ‘‘(A) $130,732,000 for fiscal year 2016, section 5340 to provide financial assistance for project under a full funding grant agreement. $133,398,933 for fiscal year 2017, $136,200,310 for urbanized areas under section 5307 and rural ‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.— fiscal year 2018, $139,087,757 for fiscal year 2019, areas under section 5311, of which— ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST and $142,036,417 for fiscal year 2020, shall be ‘‘(i) $272,297,083 for fiscal year 2016, FUND.—A grant or contract that is approved by available to carry out section 5305; $279,129,510 for fiscal year 2017, $286,132,747 for the Secretary and financed with amounts made ‘‘(B) $10,000,000 for each of fiscal years 2016 fiscal year 2018, $293,311,066 for fiscal year 2019, available from the Mass Transit Account of the through 2020 shall be available to carry out sec- $300,668,843 for fiscal year 2020 shall be for Highway Trust Fund pursuant to this section is tion 20005(b) of the Federal Public Transpor- growing States under section 5340(c); and a contractual obligation of the Government to tation Act of 2012; ‘‘(ii) $263,964,457 for fiscal year 2016, pay the Government share of the cost of the ‘‘(C) $4,538,905,700 for fiscal year 2016, $265,304,279 for fiscal year 2017, $266,650,800 for project. $4,629,683,814 for fiscal year 2017, $4,726,907,174 fiscal year 2018, $268,004,054 for fiscal year 2019, ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— for fiscal year 2018, $4,827,117,606 for fiscal year $269,364,074 for fiscal year 2020 shall be for high A grant or contract that is approved by the Sec- 2019, and $4,929,452,499 for fiscal year 2020 shall density States under section 5340(d). retary and financed with amounts appropriated be allocated in accordance with section 5336 to ‘‘(b) RESEARCH, DEVELOPMENT, DEMONSTRA- in advance from the General Fund of the Treas- provide financial assistance for urbanized areas TION, AND DEPLOYMENT PROGRAM.—There are ury pursuant to this section is a contractual ob- under section 5307; authorized to be appropriated to carry out sec- ligation of the Government to pay the Govern- ‘‘(D) $262,949,400 for fiscal year 2016, tion 5312, other than subsections (h) and (i) of ment share of the cost of the project only to the $268,208,388 for fiscal year 2017, $273,840,764 for that section, $20,000,000 for each of fiscal years extent that amounts are appropriated for such fiscal year 2018, $279,646,188 for fiscal year 2019, 2016 through 2020. purpose by an Act of Congress. and $285,574,688 for fiscal year 2020 shall be ‘‘(c) TECHNICAL ASSISTANCE AND TRAINING.— ‘‘(h) AVAILABILITY OF AMOUNTS.—Amounts available to provide financial assistance for There are authorized to be appropriated to carry made available by or appropriated under this services for the enhanced mobility of seniors and out section 5314, $5,000,000 for each of fiscal section shall remain available until expended.’’. individuals with disabilities under section 5310; years 2016 through 2020. SEC. 3017. GRANTS FOR BUSES AND BUS FACILI- ‘‘(E) $2,000,000 for fiscal year 2016, $3,000,000 ‘‘(d) CAPITAL INVESTMENT GRANTS.—There are TIES. for fiscal year 2017, $3,250,000 for fiscal year authorized to be appropriated to carry out sec- (a) IN GENERAL.—Section 5339 of title 49, 2018, $3,500,000 for fiscal year 2019 and tion 5309 of this title and section 3005(b) of the United States Code, is amended to read as fol- $3,500,000 for fiscal year 2020 shall be available Federal Public Transportation Act of 2015, lows: $2,301,785,760 for each of fiscal years 2016 for the pilot program for innovative coordinated ‘‘§ 5339. Grants for buses and bus facilities access and mobility under section 3006(b) of the through 2020. ‘‘(a) FORMULA GRANTS.— Federal Public Transportation Act of 2015; ‘‘(e) ADMINISTRATION.— ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(F) $619,956,000 for fiscal year 2016, ‘‘(1) IN GENERAL.—There are authorized to be ‘‘(A) the term ‘low or no emission vehicle’ has $632,355,120 for fiscal year 2017, $645,634,578 for appropriated to carry out section 5334, the meaning given that term in subsection (c)(1); fiscal year 2018, $659,322,031 for fiscal year 2019, $115,016,543 for each of fiscal years 2016 through 2020. ‘‘(B) the term ‘State’ means a State of the and $673,299,658 for fiscal year 2020 shall be United States; and available to provide financial assistance for ‘‘(2) SECTION 5329.—Of the amounts authorized to be appropriated under paragraph (1), not less ‘‘(C) the term ‘territory’ means the District of rural areas under section 5311, of which not less Columbia, Puerto Rico, the Northern Mariana than— than $5,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out sec- Islands, Guam, American Samoa, and the ‘‘(i) $35,000,000 for each of fiscal years 2016 United States Virgin Islands. through 2020 shall be available to carry out sec- tion 5329. ‘‘(3) SECTION 5326.—Of the amounts made ‘‘(2) GENERAL AUTHORITY.—The Secretary may tion 5311(c)(1); and make grants under this subsection to assist eligi- ‘‘(ii) $20,000,000 for each of fiscal years 2016 available under paragraph (2), not less than $2,000,000 for each of fiscal years 2016 through ble recipients described in paragraph (4)(A) in through 2020 shall be available to carry out sec- financing capital projects— tion 5311(c)(2); 2020 shall be available to carry out section 5326. ‘‘(f) OVERSIGHT.— ‘‘(A) to replace, rehabilitate, and purchase ‘‘(G) $28,000,000 for each of fiscal years 2016 ‘‘(1) IN GENERAL.—Of the amounts made avail- buses and related equipment, including techno- through 2020 shall be available to carry out sec- able to carry out this chapter for a fiscal year, logical changes or innovations to modify low or tion 5312, of which— the Secretary may use not more than the fol- no emission vehicles or facilities; and ‘‘(i) $3,000,000 for each of fiscal years 2016 lowing amounts for the activities described in ‘‘(B) to construct bus-related facilities. through 2020 shall be available to carry out sec- paragraph (2): ‘‘(3) GRANT REQUIREMENTS.—The requirements tion 5312(h); and ‘‘(A) 0.5 percent of amounts made available to of— ‘‘(ii) $5,000,000 for each of fiscal years 2016 carry out section 5305. ‘‘(A) section 5307 shall apply to recipients of through 2020 shall be available to carry out sec- ‘‘(B) 0.75 percent of amounts made available grants made in urbanized areas under this sub- tion 5312(i); to carry out section 5307. section; and ‘‘(H) $9,000,000 for each of fiscal years 2016 ‘‘(C) 1 percent of amounts made available to ‘‘(B) section 5311 shall apply to recipients of through 2020 shall be available to carry out sec- carry out section 5309. grants made in rural areas under this sub- tion 5314; of which $5,000,000 shall be available ‘‘(D) 1 percent of amounts made available to section. for the national transit institute under section carry out section 601 of the Passenger Rail In- ‘‘(4) ELIGIBLE RECIPIENTS.— 5314(c); vestment and Improvement Act of 2008 (Public ‘‘(A) RECIPIENTS.—Eligible recipients under ‘‘(I) $3,000,000 for each of fiscal years 2016 Law 110-432; 126 Stat. 4968). this subsection are— through 2020 shall be available for bus testing ‘‘(E) 0.5 percent of amounts made available to ‘‘(i) designated recipients that allocate funds under section 5318; carry out section 5310. to fixed route bus operators; or

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‘‘(ii) State or local governmental entities that subparagraph (A), may submit to the Secretary ‘‘(7) AVAILABILITY OF FUNDS.—Any amounts operate fixed route bus service. a request for participation in the program under made available to carry out this subsection— ‘‘(B) SUBRECIPIENTS.—A recipient that re- procedures to be established by the Secretary. ‘‘(A) shall remain available for 3 fiscal years ceives a grant under this subsection may allo- An eligible recipient for a multistate area may after the fiscal year for which the amount is cate amounts of the grant to subrecipients that participate in only 1 State pool. made available; and are public agencies or private nonprofit organi- ‘‘(D) ALLOCATIONS TO PARTICIPATING ‘‘(B) that remain unobligated at the end of zations engaged in public transportation. STATES.—For each fiscal year, the Secretary the period described in subparagraph (A) shall ‘‘(5) DISTRIBUTION OF GRANT FUNDS.—Funds shall allocate to each State participating in the be added to the amount made available to an el- allocated under section 5338(a)(2)(L) shall be program the total amount of funds that other- igible project in the following fiscal year. distributed as follows: wise would be allocated to the urbanized areas ‘‘(8) LIMITATION.—Of the amounts made ‘‘(A) NATIONAL DISTRIBUTION.—$90,500,000 for of the eligible recipients participating in the available under this subsection, not more than each of fiscal years 2016 through 2020 shall be State’s pool for that fiscal year pursuant to the 10 percent may be awarded to a single grantee. allocated to all States and territories, with each formulas referred to in paragraph (5). ‘‘(c) LOW OR NO EMISSION GRANTS.— State receiving $1,750,000 for each such fiscal ‘‘(E) ALLOCATIONS TO ELIGIBLE RECIPIENTS IN ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(A) the term ‘direct carbon emissions’ means year and each territory receiving $500,000 for STATE POOLS.—A State shall distribute the the quantity of direct greenhouse gas emissions each such fiscal year. amount that is allocated to the State for a fiscal from a vehicle, as determined by the Adminis- ‘‘(B) DISTRIBUTION USING POPULATION AND year under subparagraph (D) among the eligible trator of the Environmental Protection Agency; SERVICE FACTORS.—The remainder of the funds recipients participating in the State’s pool in a ‘‘(B) the term ‘eligible project’ means a project not otherwise distributed under subparagraph manner that supports the transit asset manage- or program of projects in an eligible area for— ment plans of the recipients under section 5326. (A) shall be allocated pursuant to the formula ‘‘(i) acquiring low or no emission vehicles; ‘‘(F) ALLOCATION PLANS.—A State partici- set forth in section 5336 other than subsection ‘‘(ii) leasing low or no emission vehicles; (b). pating in the program shall develop an alloca- ‘‘(iii) acquiring low or no emission vehicles ‘‘(6) TRANSFERS OF APPORTIONMENTS.— tion plan for the period of fiscal years 2016 with a leased power source; ‘‘(A) TRANSFER FLEXIBILITY FOR NATIONAL through 2020 to ensure that an eligible recipient ‘‘(iv) constructing facilities and related equip- DISTRIBUTION FUNDS.—The Governor of a State participating in the State’s pool receives under ment for low or no emission vehicles; may transfer any part of the State’s apportion- the program an amount of funds that equals the ‘‘(v) leasing facilities and related equipment ment under paragraph (5)(A) to supplement amount of funds that would have otherwise for low or no emission vehicles; amounts apportioned to the State under section been available to the eligible recipient for that ‘‘(vi) constructing new public transportation 5311(c) or amounts apportioned to urbanized period pursuant to the formulas referred to in facilities to accommodate low or no emission ve- areas under subsections (a) and (c) of section paragraph (5). hicles; or 5336. ‘‘(G) GRANTS.—The Secretary shall make ‘‘(vii) rehabilitating or improving existing ‘‘(B) TRANSFER FLEXIBILITY FOR POPULATION grants under this subsection for a fiscal year to public transportation facilities to accommodate AND SERVICE FACTORS FUNDS.—The Governor of an eligible recipient participating in a State pool low or no emission vehicles; a State may expend in an urbanized area with following notification by the State of the alloca- ‘‘(C) the term ‘leased power source’ means a a population of less than 200,000 any amounts tion amount determined under subparagraph removable power source, as defined in sub- apportioned under paragraph (5)(B) that are (E). section (c)(3) of section 3019 of the Federal Pub- not allocated to designated recipients in urban- ‘‘(b) BUSES AND BUS FACILITIES COMPETITIVE lic Transportation Act of 2015 that is made ized areas with a population of 200,000 or more. GRANTS.— available through a capital lease under such ‘‘(7) GOVERNMENT SHARE OF COSTS.— ‘‘(1) IN GENERAL.—The Secretary may make section; ‘‘(A) CAPITAL PROJECTS.—A grant for a cap- grants under this subsection to eligible recipi- ‘‘(D) the term ‘low or no emission bus’ means ital project under this subsection shall be for 80 ents (as described in subsection (a)(4)) to assist a bus that is a low or no emission vehicle; percent of the net capital costs of the project. A in the financing of buses and bus facilities cap- ‘‘(E) the term ‘low or no emission vehicle’ recipient of a grant under this subsection may ital projects, including— means— provide additional local matching amounts. ‘‘(A) replacing, rehabilitating, purchasing, or ‘‘(i) a passenger vehicle used to provide public ‘‘(B) REMAINING COSTS.—The remainder of the leasing buses or related equipment; and transportation that the Secretary determines net project cost shall be provided— ‘‘(B) rehabilitating, purchasing, constructing, sufficiently reduces energy consumption or ‘‘(i) in cash from non-Government sources or leasing bus-related facilities. harmful emissions, including direct carbon emis- ‘‘(2) GRANT CONSIDERATIONS.—In making other than revenues from providing public sions, when compared to a comparable standard grants under this subsection, the Secretary shall transportation services; vehicle; or ‘‘(ii) from revenues derived from the sale of consider the age and condition of buses, bus ‘‘(ii) a zero emission vehicle used to provide advertising and concessions; fleets, related equipment, and bus-related facili- public transportation; ‘‘(iii) from an undistributed cash surplus, a ties. ‘‘(F) the term ‘recipient’ means a designated ‘‘(3) STATEWIDE APPLICATIONS.—A State may replacement or depreciation cash fund or re- recipient, a local governmental authority, or a submit a statewide application on behalf of a serve, or new capital; State that receives a grant under this subsection public agency or private nonprofit organization ‘‘(iv) from amounts received under a service for an eligible project; and engaged in public transportation in rural areas agreement with a State or local social service ‘‘(G) the term ‘zero emission vehicle’ means a or other areas for which the State allocates agency or private social service organization; or low or no emission vehicle that produces no car- ‘‘(v) from revenues generated from value cap- funds. The submission of a statewide applica- bon or particulate matter. ture financing mechanisms. tion shall not preclude the submission and con- ‘‘(2) GENERAL AUTHORITY.—The Secretary may ‘‘(8) PERIOD OF AVAILABILITY TO RECIPIENTS.— sideration of any application under this sub- make grants to recipients to finance eligible Amounts made available under this subsection section from other eligible recipients (as de- projects under this subsection. ‘‘(3) GRANT REQUIREMENTS.— may be obligated by a recipient for 3 fiscal years scribed in subsection (a)(4)) in an urbanized ‘‘(A) IN GENERAL.—A grant under this sub- after the fiscal year in which the amount is ap- area in a State. ‘‘(4) REQUIREMENTS FOR THE SECRETARY.—The section shall be subject to the requirements of portioned. Not later than 30 days after the end Secretary shall— section 5307. of the 3-fiscal-year period described in the pre- ‘‘(A) disclose all metrics and evaluation proce- ‘‘(B) GOVERNMENT SHARE OF COSTS FOR CER- ceding sentence, any amount that is not obli- dures to be used in considering grant applica- TAIN PROJECTS.—Section 5323(i) applies to eligi- gated on the last day of such period shall be tions under this subsection upon issuance of the ble projects carried out under this subsection, added to the amount that may be apportioned notice of funding availability in the Federal unless the recipient requests a lower grant per- under this subsection in the next fiscal year. Register; and centage. ‘‘(9) PILOT PROGRAM FOR COST-EFFECTIVE CAP- ‘‘(B) publish a summary of final scores for se- ‘‘(C) COMBINATION OF FUNDING SOURCES.— ITAL INVESTMENT.— lected projects, metrics, and other evaluations ‘‘(i) COMBINATION PERMITTED.—An eligible ‘‘(A) IN GENERAL.—For each of fiscal years used in awarding grants under this subsection project carried out under this subsection may re- 2016 through 2020, the Secretary shall carry out in the Federal Register. ceive funding under section 5307 or any other a pilot program under which an eligible recipi- ‘‘(5) RURAL PROJECTS.—Not less than 10 per- provision of law. ent (as described in paragraph (4)) in an urban- cent of the amounts made available under this ‘‘(ii) GOVERNMENT SHARE.—Nothing in this ized area with population of not less than subsection in a fiscal year shall be distributed to subparagraph shall be construed to alter the 200,000 and not more than 999,999 may elect to projects in rural areas. Government share required under paragraph participate in a State pool in accordance with ‘‘(6) GRANT REQUIREMENTS.— (7), section 5307, or any other provision of law. this paragraph. ‘‘(A) IN GENERAL.—A grant under this sub- ‘‘(4) COMPETITIVE PROCESS.—The Secretary ‘‘(B) PURPOSE OF STATE POOLS.—The purpose section shall be subject to the requirements of— shall— of a State pool shall be to allow for transfers of ‘‘(i) section 5307 for eligible recipients of ‘‘(A) not later than 30 days after the date on formula grant funds made available under this grants made in urbanized areas; and which amounts are made available for obliga- subsection among the designated recipients par- ‘‘(ii) section 5311 for eligible recipients of tion under this subsection for a full fiscal year, ticipating in the State pool in a manner that grants made in rural areas. solicit grant applications for eligible projects on supports the transit asset management plans of ‘‘(B) GOVERNMENT SHARE OF COSTS.—The Gov- a competitive basis; and the designated recipients under section 5326. ernment share of the cost of an eligible project ‘‘(B) award a grant under this subsection ‘‘(C) REQUESTS FOR PARTICIPATION.—A State, carried out under this subsection shall not ex- based on the solicitation under subparagraph and eligible recipients in the State described in ceed 80 percent. (A) not later than the earlier of—

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‘‘(i) 75 days after the date on which the solici- (B) GENERAL RULES.— (C) INFORMATION ON PROCUREMENTS.—The tation expires; or (i) PROCUREMENT NOT LIMITED TO INTRASTATE clearinghouse may include information on bus ‘‘(ii) the end of the fiscal year in which the PARTICIPANTS.—A grantee may participate in a size, engine type, floor type, and any other at- Secretary solicited the grant applications. cooperative procurement contract without re- tributes necessary to identify joint procurement ‘‘(5) CONSIDERATION.—In awarding grants gard to whether the grantee is located in the participants. under this subsection, the Secretary shall only same State as the parties to the contract. (D) LIMITATIONS.— consider eligible projects relating to the acquisi- (ii) VOLUNTARY PARTICIPATION.—Participation (i) ACCESS.—The clearinghouse shall only be tion or leasing of low or no emission buses or by grantees in a cooperative procurement con- accessible to the Federal Transit Administra- bus facilities that— tract shall be voluntary. tion, a nonprofit entity coordinating for such ‘‘(A) make greater reductions in energy con- (iii) CONTRACT TERMS.—The lead procurement clearinghouse with the Secretary, and grantees. sumption and harmful emissions, including di- agency or lead nonprofit entity for a cooperative (ii) PARTICIPATION.—No grantee shall be re- rect carbon emissions, than comparable stand- procurement contract shall develop the terms of quired to submit procurement information to the ard buses or other low or no emission buses; and the contract. database. ‘‘(B) are part of a long-term integrated fleet (iv) DURATION.—A cooperative procurement (c) LEASING ARRANGEMENTS.— management plan for the recipient. contract— (1) CAPITAL LEASE DEFINED.— ‘‘(6) AVAILABILITY OF FUNDS.—Any amounts (I) subject to subclauses (II) and (III), may be (A) IN GENERAL.—In this subsection, the term made available to carry out this subsection— for an initial term of not more than 2 years; ‘‘capital lease’’ means any agreement under ‘‘(A) shall remain available to an eligible (II) may include not more than 3 optional ex- which a grantee acquires the right to use rolling project for 3 fiscal years after the fiscal year for tensions for terms of not more than 1 year each; stock or related equipment for a specified period which the amount is made available; and and of time, in exchange for a periodic payment. (III) may be in effect for a total period of not ‘‘(B) that remain unobligated at the end of (B) MAINTENANCE.—A capital lease may re- more than 5 years, including each extension au- the period described in subparagraph (A) shall quire that the lessor provide maintenance of the thorized under subclause (II). be added to the amount made available to an el- rolling stock or related equipment covered by the (v) ADMINISTRATIVE EXPENSES.—A lead pro- igible project in the following fiscal year. lease. curement agency or lead nonprofit entity, as ap- ‘‘(7) GOVERNMENT SHARE OF COSTS.— (2) PROGRAM TO SUPPORT INNOVATIVE LEASING plicable, that enters into a cooperative procure- ‘‘(A) IN GENERAL.—The Federal share of the ARRANGEMENTS.— ment contract— (A) AUTHORITY.—A grantee may use assist- cost of an eligible project carried out under this (I) may charge the participants in the con- ance provided under chapter 53 of title 49, subsection shall not exceed 80 percent. tract for the cost of administering, planning, ‘‘(B) NON-FEDERAL SHARE.—The non-Federal United States Code, to enter into a capital lease and providing technical assistance for the con- share of the cost of an eligible project carried if— tract in an amount that is not more than 1 per- out under this subsection may be derived from (i) the rolling stock or related equipment cov- cent of the total value of the contract; and in-kind contributions.’’. (II) with respect to the cost described in sub- ered under the lease is eligible for capital assist- (b) TECHNICAL AND CONFORMING AMEND- clause (I), may incorporate the cost into the ance under such chapter; and MENT.—The analysis for chapter 53 of title 49, price of the contract or directly charge the par- (ii) there is or will be no Federal interest in United States Code, is amended by striking the ticipants for the cost, but not both. the rolling stock or related equipment covered item relating to section 5339 and inserting the (2) STATE COOPERATIVE PROCUREMENT SCHED- under the lease as of the date on which the following: ULES.— lease takes effect. ‘‘5339. Grants for buses and bus facilities.’’. (A) AUTHORITY.—A State government may (B) GRANTEE REQUIREMENTS.—A grantee that enters into a capital lease shall— SEC. 3018. OBLIGATION CEILING. enter into a cooperative procurement contract (i) maintain an inventory of the rolling stock Notwithstanding any other provision of law, with 1 or more vendors if— or related equipment acquired under the lease; the total of all obligations from amounts made (i) the vendors agree to provide an option to purchase rolling stock and related equipment to and available from the Mass Transit Account of the (ii) maintain on the accounting records of the Highway Trust Fund by subsection (a) of sec- the State government and any other participant; and grantee the liability of the grantee under the tion 5338 of title 49, United States Code, and sec- lease. tion 3028 of the Federal Public Transportation (ii) the State government acts throughout the term of the contract as the lead procurement (C) ELIGIBLE LEASE COSTS.—The costs for Act of 2015 shall not exceed— which a grantee may use assistance under chap- (1) $9,347,604,639 in fiscal year 2016; agency. (B) APPLICABILITY OF POLICIES AND PROCE- ter 53 of title 49, United States Code, with re- (2) $9,733,706,043 in fiscal year 2017; spect to a capital lease, include— (3) $9,733,353,407 in fiscal year 2018; DURES.—In procuring rolling stock and related equipment under a cooperative procurement (i) the cost of the rolling stock or related (4) $9,939,380,030 in fiscal year 2019; and equipment; (5) $10,150,348,462 in fiscal year 2020. contract under this subsection, a State govern- ment shall comply with the policies and proce- (ii) associated financing costs, including inter- SEC. 3019. INNOVATIVE PROCUREMENT. dures that apply to procurement by the State est, legal fees, and financial advisor fees; (a) DEFINITION.—In this section, the term government when using non-Federal funds, to (iii) ancillary costs such as delivery and in- ‘‘grantee’’ means a recipient or subrecipient of the extent that the policies and procedures are stallation charges; and assistance under chapter 53 of title 49, United in conformance with applicable Federal law. (iv) maintenance costs. States Code. (3) PILOT PROGRAM FOR NONPROFIT COOPERA- (D) TERMS.—A grantee shall negotiate the (b) COOPERATIVE PROCUREMENT.— TIVE PROCUREMENTS.— terms of any lease agreement that the grantee (1) DEFINITIONS; GENERAL RULES.— (A) ESTABLISHMENT.—The Secretary shall es- enters into. (A) DEFINITIONS.—In this subsection— tablish and carry out a pilot program to dem- (E) APPLICABILITY OF PROCUREMENT REQUIRE- (i) the term ‘‘cooperative procurement con- onstrate the effectiveness of cooperative pro- MENTS.— tract’’ means a contract— curement contracts administered by eligible non- (i) LEASE REQUIREMENTS.—Part 639 of title 49, (I) entered into between a State government or profit entities. Code of Federal Regulations, or any successor eligible nonprofit entity and 1 or more vendors; (B) DESIGNATION.—In carrying out the pro- regulation, and implementing guidance applica- and gram under this paragraph, the Secretary shall ble to leasing shall not apply to a capital lease. (II) under which the vendors agree to provide designate not less than 3 eligible nonprofit enti- (ii) BUY AMERICA.—The requirements under an option to purchase rolling stock and related ties to enter into a cooperative procurement con- section 5323(j) of title 49, United States Code, equipment to multiple participants; tract under which the eligible nonprofit entity shall apply to a capital lease. (ii) the term ‘‘eligible nonprofit entity’’ acts throughout the term of the contract as the (3) CAPITAL LEASING OF CERTAIN ZERO EMIS- means— lead nonprofit entity. SION VEHICLE COMPONENTS.— (I) a nonprofit cooperative purchasing organi- (C) NOTICE OF INTENT TO PARTICIPATE.—At a (A) DEFINITIONS.—In this paragraph— zation that is not a grantee; or time determined appropriate by the lead non- (i) the term ‘‘removable power source’’— (II) a consortium of entities described in sub- profit entity, each participant in a cooperative (I) means a power source that is separately in- clause (I); procurement contract under this paragraph stalled in, and removable from, a zero emission (iii) the terms ‘‘lead nonprofit entity’’ and shall submit to the lead nonprofit entity a non- vehicle; and ‘‘lead procurement agency’’ mean an eligible binding notice of intent to participate. (II) may include a battery, a fuel cell, an nonprofit entity or a State government, respec- (4) JOINT PROCUREMENT CLEARINGHOUSE.— ultra-capacitor, or other advanced power source tively, that acts in an administrative capacity (A) IN GENERAL.—The Secretary shall estab- used in a zero emission vehicle; and on behalf of each participant in a cooperative lish a clearinghouse for the purpose of allowing (ii) the term ‘‘zero emission vehicle’’ has the procurement contract; grantees to aggregate planned rolling stock pur- meaning given the term in section 5339(c) of title (iv) the term ‘‘participant’’ means a grantee chases and identify joint procurement partici- 49, United States Code. that participates in a cooperative procurement pants. (B) LEASED POWER SOURCES.—Notwith- contract; and (B) NONPROFIT CONSULTATION.—In estab- standing any other provision of law, for pur- (v) the term ‘‘participate’’ means to purchase lishing the clearinghouse under subparagraph poses of this subsection, the cost of a removable rolling stock and related equipment under a co- (A), the Secretary may consult with nonprofit power source that is necessary for the operation operative procurement contract using assistance entities with expertise in public transportation of a zero emission vehicle shall not be treated as provided under chapter 53 of title 49, United or procurement, and other stakeholders as the part of the cost of the vehicle if the removable States Code. Secretary determines appropriate. power source is acquired using a capital lease.

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(C) ELIGIBLE CAPITAL LEASE.—A grantee may (iii) fatigue management; and (4) existing experience, from both agencies and acquire a removable power source by itself (iv) crash avoidance and worthiness. operators that already are using or testing driv- through a capital lease. (b) EVALUATION.—After conducting the review er assault mitigation infrastructure; and (D) PROCUREMENT REGULATIONS.—For pur- under subsection (a), the Secretary shall, in (5) the impact of the rule on future rolling poses of this section, a removable power source consultation with representatives of the public stock procurements and vehicles currently in shall be subject to section 200.88 of title 2, Code transportation industry, evaluate the need to es- revenue service. of Federal Regulations. tablish additional Federal minimum public (c) SAVINGS CLAUSE.—Nothing in this section (4) REPORTING REQUIREMENT.—Not later than transportation safety standards. may be construed as prohibiting the Secretary 3 years after the date on which a grantee enters (c) REPORT.—After completing the review and from issuing different comprehensive worker into a capital lease under this subsection, the evaluation required under subsections (a) and protections, including standards for mitigating grantee shall submit to the Secretary a report (b), and not later than 1 year after the date of assaults. that contains— enactment of this Act, the Secretary shall make SEC. 3023. PARATRANSIT SYSTEM UNDER FTA AP- (A) an evaluation of the overall costs and ben- available on a publicly accessible Web site, a re- PROVED COORDINATED PLAN. efits of leasing rolling stock; and port that includes— Notwithstanding the provisions of section (B) a comparison of the expected short-term (1) findings based on the review conducted 37.131(c) of title 49, Code of Federal Regulations, and long-term maintenance costs of leasing under subsection (a); any paratransit system currently coordinating versus buying rolling stock. (2) the outcome of the evaluation conducted complementary paratransit service for more (5) REPORT.—The Secretary shall make pub- under subsection (b); than 40 fixed route agencies shall be permitted licly available an annual report on this sub- (3) a comprehensive set of recommendations to to continue using an existing tiered, distance- section for each fiscal year, not later than De- improve the safety of the public transportation based coordinated paratransit fare system, if the cember 31 of the calendar year in which that fis- industry, including recommendations for statu- fare for the existing tiered, distance-based co- cal year ends. The report shall include a de- tory changes if applicable; and ordinated paratransit fare system is not in- tailed description of the activities carried out (4) actions that the Secretary will take to ad- creased by a greater percentage than any in- under this subsection, and evaluation of the dress the recommendations provided under para- crease to the fixed route fare for the largest program including the evaluation of the data re- graph (3), including, if necessary, the authori- transit agency in the complementary paratransit ported in paragraph (4). ties under section 5329(b)(2)(D) of title 49, service area. (d) BUY AMERICA.—The requirements of sec- United States Code. SEC. 3024. REPORT ON POTENTIAL OF INTERNET tion 5323(j) of title 49, United States Code, shall SEC. 3021. STUDY ON EVIDENTIARY PROTECTION OF THINGS. apply to all procurements under this section. FOR PUBLIC TRANSPORTATION (a) REPORT.—Not later than 180 days after the SEC. 3020. REVIEW OF PUBLIC TRANSPORTATION SAFETY PROGRAM INFORMATION. date of enactment of this Act, the Secretary SAFETY STANDARDS. (a) STUDY.—The Secretary shall enter into an shall submit to Congress a report on the poten- (a) REVIEW REQUIRED.— agreement with the Transportation Research tial of the Internet of Things to improve trans- (1) IN GENERAL.—Not later than 90 days after Board of the National Academies of Sciences, portation services in rural, suburban, and urban the date of enactment of this Act, the Secretary Engineering, and Medicine, to conduct a study areas. shall begin a review of the safety standards and to evaluate whether it is in the public interest, (b) CONTENTS.—The report required under protocols used in public transportation systems including public safety and the legal rights of subsection (a) shall include— in the United States that examines the efficacy persons injured in public transportation acci- (1) a survey of the communities, cities, and of existing standards and protocols. dents, to withhold from discovery or admission States that are using innovative transportation (2) CONTENTS OF REVIEW.—In conducting the into evidence in a Federal or State court pro- systems to meet the needs of ageing populations; review under this paragraph, the Secretary ceeding any plan, report, data, or other infor- (2) best practices to protect privacy and secu- shall review— mation or portion thereof, submitted to, devel- rity, as determined as a result of such survey; (A) minimum safety performance standards oped, produced, collected, or obtained by the and developed by the public transportation industry; Secretary or the Secretary’s representative for (3) recommendations with respect to the po- (B) safety performance standards, practices, purposes of complying with the requirements tential of the Internet of Things to assist local, or protocols in use by rail fixed guideway public under section 5329 of title 49, United States State, and Federal planners to develop more ef- transportation systems, including— Code, including information related to a recipi- ficient and accurate projections of the transpor- (i) written emergency plans and procedures ent’s safety plan, safety risks, and mitigation tation needs of rural, suburban, and urban com- for passenger evacuations; measures. munities. (ii) training programs to ensure public trans- (b) COORDINATION.—In conducting the study portation personnel compliance and readiness in SEC. 3025. REPORT ON PARKING SAFETY. under subsection (a), the Transportation Re- emergency situations; (a) STUDY.—The Secretary shall conduct a search Board shall coordinate with the legal re- (iii) coordination plans approved by recipients study on the safety of certain transportation fa- search entities of the National Academies of with local emergency responders having juris- cilities and locations, focusing on any property Sciences, Engineering, and Medicine, including diction over a rail fixed guideway public trans- damage, injuries, deaths, and other incidents the Committee on Law and Justice and the Com- portation system, including— that occur or originate at locations intended to mittee on Science, Technology, and Law, and (I) emergency preparedness training, drills, encourage public use of alternative transpor- include members of those committees on the re- and familiarization programs for the first re- tation, including— search committee established for the purposes of sponders; and (1) carpool lots; (II) the scheduling of regular field exercises to this section (2) mass transit lots; ensure appropriate response and effective radio (c) INPUT.—In conducting the study under (3) local, State, or regional rail stations; and public safety communications; subsection (a), the relevant entities of the Na- (4) rest stops; (iv) maintenance, testing, and inspection pro- tional Academies of Sciences, Engineering, and (5) college or university lots; grams to ensure the proper functioning of— Medicine shall solicit input from the public (6) bike paths or walking trails; and (I) tunnel, station, and vehicle ventilation transportation recipients, public transportation (7) any other locations that the Secretary con- systems; nonprofit employee labor organizations, and im- siders appropriate. (II) signal and train control systems, track, pacted members of the general public. (b) REPORT.—Not later than 8 months after mechanical systems, and other infrastructure; (d) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary and the date of enactment of this Act, the National shall submit to the Committee on Transportation (III) other systems as necessary; Academies of Sciences, Engineering, and Medi- and Infrastructure of the House of Representa- (v) certification requirements for train and cine shall issue a report, with the findings of the tives and the Committee on Banking, Housing, bus operators and control center employees; study under subsection (a), including any rec- and Urban Affairs of the Senate a report on the (vi) consensus-based standards, practices, or ommendations on statutory changes regarding results of the study. protocols available to the public transportation evidentiary protections that will increase public (c) RECOMMENDATIONS.—The Secretary shall industry; and transportation safety. include in the report recommendations to Con- (vii) any other standards, practices, or proto- SEC. 3022. IMPROVED PUBLIC TRANSPORTATION gress on the best ways to use innovative tech- cols the Secretary determines appropriate; and SAFETY MEASURES. nologies to increase safety and ensure a better (C) rail and bus safety standards, practices, or (a) REQUIREMENTS.—Not later than 90 days response by transit security and local, State, protocols in use by public transportation sys- after publication of the report required in sec- and Federal law enforcement to address threats tems, regarding— tion 3020, the Secretary shall issue a notice of to public safety. (i) rail and bus design and the workstation of proposed rulemaking on protecting public trans- SEC. 3026. APPOINTMENT OF DIRECTORS OF rail and bus operators, as it relates to— portation operators from the risk of assault. WASHINGTON METROPOLITAN AREA (I) the reduction of blindspots that contribute (b) CONSIDERATION.—In the proposed rule- TRANSIT AUTHORITY. to accidents involving pedestrians; and making, the Secretary shall consider— (a) DEFINITIONS.—In this section, the fol- (II) protecting rail and bus operators from the (1) different safety needs of drivers of dif- lowing definitions apply: risk of assault; ferent modes; (1) COMPACT.—The term ‘‘Compact’’ means (ii) scheduling fixed route rail and bus service (2) differences in operating environments; the Washington Metropolitan Area Transit Au- with adequate time and access for operators to (3) the use of technology to mitigate driver as- thority Compact (Public Law 89–774; 80 Stat. use restroom facilities; sault risks; 1324).

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(2) FEDERAL DIRECTOR.—The term ‘‘Federal (h) AVAILABILITY OF AMOUNTS.—Notwith- (A) $137,800,000 for fiscal year 2016; Director’’ means— standing subsection (j), amounts made available (B) $140,700,000 for fiscal year 2017; (A) a voting member of the Board of Directors under this section shall remain available until (C) $143,700,000 for fiscal year 2018; of the Transit Authority who represents the expended. (D) $146,700,000 for fiscal year 2019; and Federal Government; and (i) OBLIGATION LIMITATION.—Funds made (E) $149,800,000 for fiscal year 2020. (B) a nonvoting member of the Board of Direc- available under this section shall be subject to (3) NATIONAL PRIORITY SAFETY PROGRAMS.— tors of the Transit Authority who serves as an obligation limit of section 3018 of the Federal For carrying out section 405 of title 23, United alternate for a member described in subpara- Public Transportation Act of 2015. States Code— graph (A). (j) SUNSET.—The Secretary of Transportation (A) $274,700,000 for fiscal year 2016; (3) TRANSIT AUTHORITY.—The term ‘‘Transit shall provide the grants, direct loans, and loan (B) $277,500,000 for fiscal year 2017; (C) $280,200,000 for fiscal year 2018; Authority’’ means the Washington Metropolitan guarantees under subsections (b) and (c) by Sep- Area Transit Authority established under Arti- (D) $283,000,000 for fiscal year 2019; and tember 30, 2018. (E) $285,900,000 for fiscal year 2020. cle III of the Compact. SEC. 3029. AMENDMENT TO TITLE 5. (b) APPOINTMENT BY SECRETARY OF TRANS- (4) NATIONAL DRIVER REGISTER.—For the Na- (a) IN GENERAL.—Section 5313 of title 5, PORTATION.— tional Highway Traffic Safety Administration to (1) IN GENERAL.—For any appointment made United States Code, is amended by adding at the carry out chapter 303 of title 49, United States on or after the date of enactment of this Act, the end the following: Code— Secretary of Transportation shall have sole au- ‘‘Federal Transit Administrator.’’. (A) $5,100,000 for fiscal year 2016; thority to appoint Federal Directors to the (b) CONFORMING AMENDMENT.—Section 5314 of (B) $5,200,000 for fiscal year 2017; Board of Directors of the Transit Authority. title 5, United States Code, is amended by strik- (C) $5,300,000 for fiscal year 2018; (2) AMENDMENT TO COMPACT.—The signatory ing ‘‘Federal Transit Administrator.’’. (D) $5,400,000 for fiscal year 2019; and parties to the Compact shall amend the Compact (c) EFFECTIVE DATE.—The amendments made (E) $5,500,000 for fiscal year 2020. as necessary in accordance with paragraph (1). by this section shall take effect on the first day (5) HIGH-VISIBILITY ENFORCEMENT PROGRAM.— For carrying out section 404 of title 23, United SEC. 3027. EFFECTIVENESS OF PUBLIC TRANS- of the first pay period beginning on or after the PORTATION CHANGES AND FUND- first day of the first fiscal year beginning after States Code— ING. the date of enactment of this Act. (A) $29,300,000 for fiscal year 2016; Not later than 18 months after the date of en- SEC. 3030. TECHNICAL AND CONFORMING (B) $29,500,000 for fiscal year 2017; actment of this Act, the Comptroller General CHANGES. (C) $29,900,000 for fiscal year 2018; shall examine and evaluate the impact of the (a) REPEAL.—Section 20008(b) of MAP-21 (49 (D) $30,200,000 for fiscal year 2019; and (E) $30,500,000 for fiscal year 2020. changes that MAP–21 had on public transpor- U.S.C. 5309 note) is repealed. (6) ADMINISTRATIVE EXPENSES.—For adminis- tation, including— (b) REPEAL SECTION 5313.—Section 5313 of title (1) the ability and effectiveness of public 49, United States Code, and the item relating to trative and related operating expenses of the transportation agencies to provide public trans- that section in the analysis for chapter 53 of National Highway Traffic Safety Administra- portation to low-income workers in accessing such title, are repealed. tion in carrying out chapter 4 of title 23, United States Code, and this title— jobs and being able to use reverse commute serv- (c) REPEAL OF SECTION 5319.—Section 5319 of (A) $25,832,000 for fiscal year 2016; ices; title 49, United States Code, and the item relat- (B) $26,072,000 for fiscal year 2017; (2) whether services to low-income riders de- ing to that section in the analysis for chapter 53 (C) $26,329,000 for fiscal year 2018; clined after MAP–21 was implemented; and of such title, are repealed. (3) if guidance provided by the Federal Tran- (D) $26,608,000 for fiscal year 2019; and (d) REPEAL OF SECTION 5322.—Section 5322 of (E) $26,817,000 for fiscal year 2020. sit Administration encouraged public transpor- title 49, United States Code, and the item relat- (b) PROHIBITION ON OTHER USES.—Except as tation agencies to maintain and support services ing to that section in the analysis for chapter 53 otherwise provided in chapter 4 of title 23, to low-income riders to allow them to access of such title, are repealed. United States Code, and chapter 303 of title 49, jobs, medical services, and other life necessities. (e) SECTION 5325.—Section 5325 of title 49, United States Code, the amounts made available SEC. 3028. AUTHORIZATION OF GRANTS FOR United States Code is amended— from the Highway Trust Fund (other than the POSITIVE TRAIN CONTROL. (1) in subsection (e)(2), by striking ‘‘at least Mass Transit Account) for a program under (a) IN GENERAL.—There shall be available two’’; and from the Mass Transit Account of the Highway such chapters— (2) in subsection (h), by striking ‘‘Federal (1) shall only be used to carry out such pro- Trust Fund to carry out this section $199,000,000 Public Transportation Act of 2012’’ and insert- gram; and for fiscal year 2017 to assist in financing the in- ing ‘‘Federal Public Transportation Act of (2) may not be used by States or local govern- stallation of positive train control systems re- 2015’’. ments for construction purposes. quired under section 20157 of title 49, United (f) SECTION 5340.—Section 5340 of title 49, (c) APPLICABILITY OF TITLE 23.—Except as States Code. United States Code, is amended— otherwise provided in chapter 4 of title 23, (b) USES.—The amounts made available under (1) by striking subsection (b); and United States Code, and chapter 303 of title 49, subsection (a) of this section shall be awarded (2) by inserting the following: United States Code, amounts made available by the Secretary on a competitive basis, and ‘‘(b) ALLOCATION.—The Secretary shall appor- under subsection (a) for fiscal years 2016 grant funds awarded under this section shall tion the amounts made available under section through 2020 shall be available for obligation in not exceed 80 percent of the total cost of a 5338(b)(2)(N) in accordance with subsection (c) the same manner as if such funds were appor- project. and subsection (d).’’. (c) CREDIT ASSISTANCE.—At the request of an tioned under chapter 1 of title 23, United States (g) CHAPTER 105 OF TITLE 49, UNITED STATES Code. eligible applicant under this section, the Sec- CODE.—Section 10501(c) of title 49, United States retary may use amounts awarded to the entity (d) REGULATORY AUTHORITY.—Grants award- Code, is amended— ed under this title shall be carried out in accord- to pay the subsidy and administrative costs nec- (1) in paragraph (1)— essary to provide the entity Federal credit as- ance with regulations issued by the Secretary. (A) in subparagraph (A)(i), by striking ‘‘sec- (e) STATE MATCHING REQUIREMENTS.—If a sistance under sections 502 through 504 of the tion 5302(a)’’ and inserting ‘‘section 5302’’; and grant awarded under chapter 4 of title 23, Railroad Revitalization and Regulatory Reform (B) in subparagraph (B)— United States Code, requires a State to share in Act of 1976 (45 U.S.C. 801 et seq.), with respect (i) by striking ‘‘mass transportation’’ and in- the cost, the aggregate of all expenditures for to the project for which the grant was awarded. serting ‘‘public transportation’’; and highway safety activities made during a fiscal (d) ELIGIBLE RECIPIENTS.—The amounts made (ii) by striking ‘‘section 5302(a)’’ and inserting available under subsection (a) of this section year by the State and its political subdivisions ‘‘section 5302’’; and (exclusive of Federal funds) for carrying out the may be used only to assist a recipient of funds (2) in paragraph (2)(A), by striking ‘‘mass under chapter 53 of title 49, United States Code. grant (other than planning and administration) transportation’’ and inserting ‘‘public transpor- shall be available for the purpose of crediting (e) PROJECT MANAGEMENT OVERSIGHT.—The tation’’. Secretary may withhold up to 1 percent from the the State during such fiscal year for the non- amounts made available under subsection (a) of TITLE IV—HIGHWAY TRAFFIC SAFETY Federal share of the cost of any other project this section for the costs of project management SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. carried out under chapter 4 of title 23, United oversight of grants authorized under that sub- (a) IN GENERAL.—The following sums are au- States Code (other than planning or administra- section. thorized to be appropriated out of the Highway tion), without regard to whether such expendi- (f) SAVINGS CLAUSE.—Nothing in this section Trust Fund (other than the Mass Transit Ac- tures were made in connection with such may be construed as authorizing the amounts count): project. appropriated under subsection (a) to be used for (1) HIGHWAY SAFETY PROGRAMS.—For carrying (f) GRANT APPLICATION AND DEADLINE.—To any purpose other than financing the installa- out section 402 of title 23, United States Code— receive a grant under chapter 4 of title 23, tion of positive train control systems. (A) $243,500,000 for fiscal year 2016; United States Code, a State shall submit an ap- (g) GRANTS FINANCED FROM HIGHWAY TRUST (B) $252,300,000 for fiscal year 2017; plication, and the Secretary shall establish a FUND.—A grant that is approved by the Sec- (C) $261,200,000 for fiscal year 2018; single deadline for such applications to enable retary and financed with amounts made avail- (D) $270,400,000 for fiscal year 2019; and the award of grants early in the next fiscal able from the Mass Transit Account of the High- (E) $279,800,000 for fiscal year 2020. year. way Trust Fund under this section is a contrac- (2) HIGHWAY SAFETY RESEARCH AND DEVELOP- SEC. 4002. HIGHWAY SAFETY PROGRAMS. tual obligation of the Government to pay the MENT.—For carrying out section 403 of title 23, Section 402 of title 23, United States Code, is Government share of the cost of the project. United States Code— amended—

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(1) in subsection (a)(2)(A)— (2) by adding at the end the following: ‘‘(2) STATE TRAFFIC SAFETY INFORMATION SYS- (A) in clause (vi) by striking ‘‘and’’ at the ‘‘(i) LIMITATION ON DRUG AND ALCOHOL SUR- TEM IMPROVEMENTS.—In each fiscal year, 14.5 end; VEY DATA.—The Secretary shall establish proce- percent of the funds provided under this section (B) in clause (vii) by inserting ‘‘and’’ after the dures and guidelines to ensure that any person shall be allocated among States that meet re- semicolon; and participating in a program or activity that col- quirements with respect to State traffic safety (C) by adding at the end the following: lects data on drug or alcohol use by drivers of information system improvements (as described ‘‘(viii) to increase driver awareness of commer- motor vehicles and is carried out under this sec- in subsection (c)). cial motor vehicles to prevent crashes and re- tion is informed that the program or activity is ‘‘(3) IMPAIRED DRIVING COUNTERMEASURES.— duce injuries and fatalities;’’; voluntary. In each fiscal year, 52.5 percent of the funds (2) in subsection (c)(4), by adding at the end ‘‘(j) FEDERAL SHARE.—The Federal share of provided under this section shall be allocated the following: the cost of any project or activity carried out among States that meet requirements with re- ‘‘(C) SURVEY.—A State in which an auto- under this section may be not more than 100 per- spect to impaired driving countermeasures (as mated traffic enforcement system is installed cent.’’. described in subsection (d)). shall expend funds apportioned to that State SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PRO- ‘‘(4) DISTRACTED DRIVING.—In each fiscal under this section to conduct a biennial survey GRAM. year, 8.5 percent of the funds provided under that the Secretary shall make publicly available (a) IN GENERAL.—Section 404 of title 23, this section shall be allocated among States that through the Internet Web site of the Department United States Code, is amended to read as fol- adopt and implement effective laws to reduce of Transportation that includes— lows: distracted driving (as described in subsection ‘‘(i) a list of automated traffic enforcement ‘‘§ 404. High-visibility enforcement program (e)). systems in the State; ‘‘(5) MOTORCYCLIST SAFETY.—In each fiscal ‘‘(a) IN GENERAL.—The Secretary shall estab- ‘‘(ii) adequate data to measure the trans- year, 1.5 percent of the funds provided under lish and administer a program under which not parency, accountability, and safety attributes of this section shall be allocated among States that less than 3 campaigns will be carried out in each each automated traffic enforcement system; and implement motorcyclist safety programs (as de- of fiscal years 2016 through 2020. ‘‘(iii) a comparison of each automated traffic scribed in subsection (f)). ‘‘(b) PURPOSE.—The purpose of each cam- enforcement system with— ‘‘(6) STATE GRADUATED DRIVER LICENSING paign carried out under this section shall be to ‘‘(I) Speed Enforcement Camera Systems Oper- LAWS.—In each fiscal year, 5 percent of the achieve outcomes related to not less than 1 of ational Guidelines (DOT HS 810 916, March funds provided under this section shall be allo- the following objectives: 2008); and cated among States that adopt and implement ‘‘(1) Reduce alcohol-impaired or drug-im- ‘‘(II) Red Light Camera Systems Operational graduated driver licensing laws (as described in paired operation of motor vehicles. Guidelines (FHWA–SA–05–002, January 2005).’’; subsection (g)). ‘‘(2) Increase use of seatbelts by occupants of (3) by striking subsection (g) and inserting the ‘‘(7) NONMOTORIZED SAFETY.—In each fiscal motor vehicles. following: year, 5 percent of the funds provided under this ‘‘(c) ADVERTISING.—The Secretary may use, or ‘‘(g) RESTRICTION.—Nothing in this section authorize the use of, funds available to carry section shall be allocated among States that may be construed to authorize the appropriation meet requirements with respect to nonmotorized or expenditure of funds for highway construc- out this section to pay for the development, pro- duction, and use of broadcast and print media safety (as described in subsection (h)). tion, maintenance, or design (other than design ‘‘(8) TRANSFERS.—Notwithstanding para- advertising and Internet-based outreach in car- of safety features of highways to be incor- graphs (1) through (7), the Secretary shall re- rying out campaigns under this section. In allo- porated into guidelines).’’; allocate, before the last day of any fiscal year, cating such funds, consideration shall be given (4) in subsection (k)— any amounts remaining available to carry out to advertising directed at non-English speaking (A) by redesignating paragraphs (3) through any of the activities described in subsections (b) populations, including those who listen to, read, (5) as paragraphs (4) through (6), respectively; through (h) to increase the amount made avail- or watch nontraditional media. (B) by inserting after paragraph (2) the fol- able under section 402, in order to ensure, to the ‘‘(d) COORDINATION WITH STATES.—The Sec- lowing: maximum extent possible, that all such amounts ‘‘(3) ELECTRONIC SUBMISSION.—The Secretary, retary shall coordinate with States in carrying out the campaigns under this section, including are obligated during such fiscal year. in coordination with the Governors Highway ‘‘(9) MAINTENANCE OF EFFORT.— advertising funded under subsection (c), with Safety Association, shall develop procedures to ‘‘(A) CERTIFICATION.—As part of the grant ap- consideration given to— allow States to submit highway safety plans plication required in section 402(k)(3)(F), a State ‘‘(1) relying on States to provide law enforce- under this subsection, including any attach- receiving a grant in any fiscal year under sub- ment resources for the campaigns out of funding ments to the plans, in electronic form.’’; and section (b), (c), or (d) of this section shall pro- made available under sections 402 and 405; and (C) in paragraph (6)(A), as so redesignated, by vide certification that the lead State agency re- ‘‘(2) providing, out of National Highway Traf- striking ‘‘60 days’’ and inserting ‘‘45 days’’; and sponsible for programs described in any of those fic Safety Administration resources, most of the (5) in subsection (m)(2)(B)— subsections is maintaining aggregate expendi- means necessary for national advertising and (A) in clause (vii) by striking ‘‘and’’ at the tures at or above the average level of such ex- education efforts associated with the campaigns. end; penditures in the 2 fiscal years prior to the date (B) in clause (viii) by striking the period at ‘‘(e) USE OF FUNDS.—Funds made available to carry out this section may be used only for ac- of enactment of the FAST Act. the end and inserting a semicolon; and AIVER.—Upon the request of a State, tivities described in subsection (c). ‘‘(B) W (C) by adding at the end the following: the Secretary may waive or modify the require- ‘‘(ix) increase driver awareness of commercial ‘‘(f) DEFINITIONS.—In this section, the fol- lowing definitions apply: ments under subparagraph (A) for not more motor vehicles to prevent crashes and reduce in- than 1 fiscal year if the Secretary determines ‘‘(1) CAMPAIGN.—The term ‘campaign’ means juries and fatalities; and that such a waiver would be equitable due to ex- ‘‘(x) support for school-based driver’s edu- a high-visibility traffic safety law enforcement campaign. ceptional or uncontrollable circumstances. cation classes to improve teen knowledge ‘‘(10) POLITICAL SUBDIVISIONS.—A State may about— ‘‘(2) STATE.—The term ‘State’ has the meaning given that term in section 401.’’. provide the funds awarded under this section to ‘‘(I) safe driving practices; and a political subdivision of the State or an Indian ‘‘(II) State graduated driving license require- (b) CLERICAL AMENDMENT.—The analysis for chapter 4 of title 23, United States Code, is tribal government.’’. ments, including behind-the-wheel training re- (b) HIGH SEATBELT USE RATE.—Section quired to meet those requirements.’’. amended by striking the item relating to section 404 and inserting the following: 405(b)(4)(B) of title 23, United States Code, is SEC. 4003. HIGHWAY SAFETY RESEARCH AND DE- amended by striking ‘‘75 percent’’ and inserting VELOPMENT. ‘‘404. High-visibility enforcement program.’’. ‘‘100 percent’’. Section 403 of title 23, United States Code, is SEC. 4005. NATIONAL PRIORITY SAFETY PRO- (c) IMPAIRED DRIVING COUNTERMEASURES.— amended— GRAMS. Section 405(d) of title 23, United States Code, is (1) in subsection (h)— (a) GENERAL AUTHORITY.—Section 405(a) of amended— (A) in paragraph (1) by striking ‘‘may’’ and title 23, United States Code, is amended to read (1) by striking paragraph (4) and inserting the inserting ‘‘shall’’; as follows: following: (B) by striking paragraph (2) and inserting ‘‘(a) GENERAL AUTHORITY.—Subject to the re- ‘‘(4) USE OF GRANT AMOUNTS.— the following: quirements of this section, the Secretary shall ‘‘(A) REQUIRED PROGRAMS.—High-range ‘‘(2) FUNDING.—The Secretary shall obligate manage programs to address national priorities States shall use grant funds for— from funds made available to carry out this sec- for reducing highway deaths and injuries. ‘‘(i) high-visibility enforcement efforts; and tion for the period covering fiscal years 2017 Funds shall be allocated according to the fol- ‘‘(ii) any of the activities described in sub- through 2020 not more than $21,248,000 to con- lowing: paragraph (B) if— duct the research described in paragraph (1).’’; ‘‘(1) OCCUPANT PROTECTION.—In each fiscal ‘‘(I) the activity is described in the statewide (C) in paragraph (3) by striking ‘‘If the Ad- year, 13 percent of the funds provided under plan; and ministrator utilizes the authority under para- this section shall be allocated among States that ‘‘(II) the Secretary approves the use of fund- graph (1), the’’ and inserting ‘‘The’’; and adopt and implement effective occupant protec- ing for such activity. (D) in paragraph (4) by striking ‘‘If the Ad- tion programs to reduce highway deaths and in- ‘‘(B) AUTHORIZED PROGRAMS.—Medium-range ministrator conducts the research authorized juries resulting from individuals riding unre- and low-range States may use grant funds for— under paragraph (1), the’’ and inserting ‘‘The’’; strained or improperly restrained in motor vehi- ‘‘(i) any of the purposes described in subpara- and cles (as described in subsection (b)). graph (A);

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8729 ‘‘(ii) hiring a full-time or part-time impaired to carry out this subsection in a fiscal year shall ‘‘(i) operating an emergency services vehicle; driving coordinator of the State’s activities to be made available by the Secretary for making and address the enforcement and adjudication of grants under subparagraph (A). ‘‘(ii) engaged in the performance of their du- laws regarding driving while impaired by alco- ‘‘(ii) FUNDING FOR GRANTS TO STATES WITH 24- ties as emergency services personnel; hol, drugs, or the combination of alcohol and 7 SOBRIETY PROGRAMS.—Not more than 3 percent ‘‘(C) an individual employed as a commercial drugs; of the amounts made available to carry out this motor vehicle driver or a school bus driver who ‘‘(iii) court support of high-visibility enforce- subsection in a fiscal year shall be made avail- uses a personal wireless communications device ment efforts, training and education of criminal able by the Secretary for making grants under within the scope of such individual’s employ- justice professionals (including law enforce- subparagraph (B).’’; and ment if such use is permitted under the regula- ment, prosecutors, judges, and probation offi- (H) by adding at the end the following: tions promulgated pursuant to section 31136 of cers) to assist such professionals in handling im- ‘‘(F) EXCEPTIONS.—A State alcohol-ignition title 49; and paired driving cases, hiring traffic safety re- interlock law under subparagraph (A) may in- ‘‘(D) any additional exceptions determined by source prosecutors, hiring judicial outreach liai- clude exceptions for the following cir- the Secretary through a rulemaking process. sons, and establishing driving while intoxicated cumstances: ‘‘(5) USE OF GRANT FUNDS.— courts; ‘‘(i) The individual is required to operate an ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(iv) alcohol ignition interlock programs; employer’s motor vehicle in the course and scope paragraph (B), amounts received by a State ‘‘(v) improving blood-alcohol concentration of employment and the business entity that under this subsection shall be used— testing and reporting; owns the vehicle is not owned or controlled by ‘‘(i) to educate the public through advertising ‘‘(vi) paid and earned media in support of the individual. containing information about the dangers of high-visibility enforcement efforts, conducting ‘‘(ii) The individual is certified by a medical texting or using a cell phone while driving; standardized field sobriety training, advanced doctor as being unable to provide a deep lung ‘‘(ii) for traffic signs that notify drivers about roadside impaired driving evaluation training, breath sample for analysis by an ignition inter- the distracted driving law of the State; or and drug recognition expert training for law en- lock device. ‘‘(iii) for law enforcement costs related to the forcement, and equipment and related expendi- ‘‘(iii) A State-certified ignition interlock pro- enforcement of the distracted driving law. tures used in connection with impaired driving vider is not available within 100 miles of the in- ‘‘(B) FLEXIBILITY.— ‘‘(i) Not more than 50 percent of amounts re- enforcement in accordance with criteria estab- dividual’s residence.’’; and ceived by a State under this subsection may be lished by the National Highway Traffic Safety (3) in paragraph (7)— used for any eligible project or activity under Administration; (A) in subparagraph (A)— section 402. ‘‘(vii) training on the use of alcohol and drug (i) in the matter preceding clause (i)— (I) by striking ‘‘or a State agency’’ and insert- ‘‘(ii) Not more than 75 percent of amounts re- screening and brief intervention; ceived by a State under this subsection may be ‘‘(viii) training for and implementation of im- ing ‘‘or an agency with jurisdiction’’; and (II) by inserting ‘‘bond,’’ before ‘‘sentence’’; used for any eligible project or activity under paired driving assessment programs or other (ii) in clause (i) by striking ‘‘who plead guilty section 402 if the State has conformed its dis- tools designed to increase the probability of or’’ and inserting ‘‘who was arrested for, plead tracted driving data to the most recent Model identifying the recidivism risk of a person con- guilty to, or’’; and Minimum Uniform Crash Criteria published by victed of driving under the influence of alcohol, (iii) in clause (ii)(I) by inserting ‘‘at a testing the Secretary. drugs, or a combination of alcohol and drugs location’’ after ‘‘per day’’; and ‘‘(6) ADDITIONAL DISTRACTED DRIVING and to determine the most effective mental (B) in subparagraph (D) by striking the sec- GRANTS.— health or substance abuse treatment or sanction ond period at the end. ‘‘(A) IN GENERAL.—Notwithstanding para- that will reduce such risk; (d) DISTRACTED DRIVING GRANTS.—Section graph (1), for each of fiscal years 2017 and 2018, ‘‘(ix) developing impaired driving information 405(e) of title 23, United States Code, is amended the Secretary shall use up to 25 percent of the systems; and to read as follows: amounts available for grants under this sub- ‘‘(x) costs associated with a 24-7 sobriety pro- ‘‘(e) DISTRACTED DRIVING GRANTS.— section to award grants to any State that— gram. ‘‘(1) IN GENERAL.—The Secretary shall award ‘‘(i) in fiscal year 2017— ‘‘(C) OTHER PROGRAMS.—Low-range States a grant under this subsection to any State that ‘‘(I) certifies that it has enacted a basic text may use grant funds for any expenditure de- includes distracted driving awareness as part of messaging statute that— signed to reduce impaired driving based on prob- the State’s driver’s license examination, and en- ‘‘(aa) is applicable to drivers of all ages; and lem identification and may use not more than 50 acts and enforces a law that meets the require- ‘‘(bb) makes violation of the basic text mes- percent of funds made available under this sub- ments set forth in paragraphs (2) and (3). saging statute a primary offense or secondary section for any project or activity eligible for ‘‘(2) PROHIBITION ON TEXTING WHILE DRIV- enforcement action as allowed by State statute; funding under section 402. Medium-range and ING.—A State law meets the requirements set and high-range States may use funds for any ex- forth in this paragraph if the law— ‘‘(II) is otherwise ineligible for a grant under penditure designed to reduce impaired driving ‘‘(A) prohibits a driver from texting through a this subsection; and based on problem identification upon approval personal wireless communications device while ‘‘(ii) in fiscal year 2018— by the Secretary.’’; driving; ‘‘(I) certifies that it has enacted a basic text (2) in paragraph (6)— ‘‘(B) makes violation of the law a primary of- messaging statute that— (A) by amending the paragraph heading to fense; ‘‘(aa) is applicable to drivers of all ages; and read as follows: ‘‘ADDITIONAL GRANTS.—’’; ‘‘(C) establishes a minimum fine for a viola- ‘‘(bb) makes violation of the basic text mes- (B) in subparagraph (A) by amending the sub- tion of the law; and saging statute a primary offense; paragraph heading to read as follows: ‘‘GRANTS ‘‘(D) does not provide for an exemption that ‘‘(II) imposes fines for violations; TO STATES WITH ALCOHOL-IGNITION INTERLOCK specifically allows a driver to text through a ‘‘(III) has a statute that prohibits drivers who LAWS.—’’; personal wireless communication device while are younger than 18 years of age from using a (C) by redesignating subparagraphs (B) stopped in traffic. personal wireless communications device while through (D) as subparagraphs (C) through (E), ‘‘(3) PROHIBITION ON YOUTH CELL PHONE USE driving; and respectively; WHILE DRIVING OR STOPPED IN TRAFFIC.—A State ‘‘(IV) is otherwise ineligible for a grant under (D) by inserting after subparagraph (A), the law meets the requirements set forth in this this subsection. following: paragraph if the law— ‘‘(B) USE OF GRANT FUNDS.— ‘‘(B) GRANTS TO STATES WITH 24-7 SOBRIETY ‘‘(A) prohibits a driver from using a personal ‘‘(i) IN GENERAL.—Notwithstanding paragraph PROGRAMS.—The Secretary shall make a sepa- wireless communications device while driving if (5) and subject to clauses (ii) and (iii) of this rate grant under this subsection to each State the driver is— subparagraph, amounts received by a State that— ‘‘(i) younger than 18 years of age; or under subparagraph (A) may be used for activi- ‘‘(i) adopts and is enforcing a law that re- ‘‘(ii) in the learner’s permit or intermediate li- ties related to the enforcement of distracted quires all individuals convicted of driving under cense stage set forth in subsection (g)(2)(B); driving laws, including for public information the influence of alcohol or of driving while in- ‘‘(B) makes violation of the law a primary of- and awareness purposes. toxicated to receive a restriction on driving fense; ‘‘(ii) FISCAL YEAR 2017.—In fiscal year 2017, up privileges; and ‘‘(C) establishes a minimum fine for a viola- to 15 percent of the amounts received by a State ‘‘(ii) provides a 24-7 sobriety program.’’; tion of the law; and under subparagraph (A) may be used for any el- (E) in subparagraph (C), as redesignated, by ‘‘(D) does not provide for an exemption that igible project or activity under section 402. inserting ‘‘and subparagraph (B)’’ after ‘‘sub- specifically allows a driver to text through a ‘‘(iii) FISCAL YEAR 2018.—In fiscal year 2018, paragraph (A)’’; personal wireless communication device while up to 25 percent of the amounts received by a (F) in subparagraph (D), as redesignated, by stopped in traffic. State under subparagraph (A) may be used for inserting ‘‘and subparagraph (B)’’ after ‘‘sub- ‘‘(4) PERMITTED EXCEPTIONS.—A law that any eligible project or activity under section 402. paragraph (A)’’; meets the requirements set forth in paragraph ‘‘(7) ALLOCATION TO SUPPORT STATE DIS- (G) by amending subparagraph (E), as redes- (2) or (3) may provide exceptions for— TRACTED DRIVING LAWS.—Of the amounts avail- ignated, to read as follows: ‘‘(A) a driver who uses a personal wireless able under this subsection in a fiscal year for ‘‘(E) FUNDING.— communications device to contact emergency distracted driving grants, the Secretary may ex- ‘‘(i) FUNDING FOR GRANTS TO STATES WITH AL- services; pend not more than $5,000,000 for the develop- COHOL-IGNITION INTERLOCK LAWS.—Not more ‘‘(B) emergency services personnel who use a ment and placement of broadcast media to re- than 12 percent of the amounts made available personal wireless communications device while— duce distracted driving of motor vehicles.

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‘‘(8) GRANT AMOUNT.—The allocation of grant (as defined in subsection (e)) while driving ex- ‘‘(3) ELIGIBILITY.—A State shall receive a funds to a State under this subsection for a fis- cept under an exception permitted under para- grant under this subsection in a fiscal year if cal year shall be in proportion to the State’s ap- graph (4) of that subsection, and makes a viola- the annual combined pedestrian and bicycle fa- portionment under section 402 for fiscal year tion of the prohibition a primary offense; talities in the State exceed 15 percent of the 2009. ‘‘(III) requires applicants to successfully pass total annual crash fatalities in the State, based ‘‘(9) DEFINITIONS.—In this subsection, the fol- a vision and knowledge assessment prior to re- on the most recently reported final data from lowing definitions apply: ceiving a learner’s permit; the Fatality Analysis Reporting System. ‘‘(A) DRIVING.—The term ‘driving’— ‘‘(IV) requires that the driver be accompanied ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds ‘‘(i) means operating a motor vehicle on a and supervised at all times while the driver is received by a State under this subsection may be public road; and operating a motor vehicle by a licensed driver used for— ‘‘(ii) does not include operating a motor vehi- who is at least 21 years of age or is a State-cer- ‘‘(A) training of law enforcement officials on cle when the vehicle has pulled over to the side tified driving instructor; State laws applicable to pedestrian and bicycle of, or off, an active roadway and has stopped in ‘‘(V) has a requirement that the driver— safety; a location where it can safely remain sta- ‘‘(aa) complete a State-certified driver edu- ‘‘(B) enforcement mobilizations and cam- tionary. cation or training course; or paigns designed to enforce State traffic laws ap- ‘‘(B) PERSONAL WIRELESS COMMUNICATIONS ‘‘(bb) obtain at least 50 hours of behind-the- plicable to pedestrian and bicycle safety; and DEVICE.—The term ‘personal wireless commu- wheel training, with at least 10 hours at night, ‘‘(C) public education and awareness pro- nications device’— with a licensed driver; and grams designed to inform motorists, pedestrians, ‘‘(i) means a device through which personal ‘‘(VI) remains in effect until the driver— and bicyclists of State traffic laws applicable to wireless services (as defined in section ‘‘(aa) reaches 16 years of age and enters the pedestrian and bicycle safety. 332(c)(7)(C)(i) of the Communications Act of 1934 intermediate stage; or ‘‘(5) GRANT AMOUNT.—The allocation of grant (47 U.S.C. 332(c)(7)(C)(i))) are transmitted; and ‘‘(bb) reaches 18 years of age; funds to a State under this subsection for a fis- ‘‘(ii) does not include a global navigation sat- ‘‘(ii) an intermediate stage that— cal year shall be in proportion to the State’s ap- ellite system receiver used for positioning, emer- ‘‘(I) commences immediately after the expira- portionment under section 402 for fiscal year gency notification, or navigation purposes. tion of the learner’s permit stage and successful 2009.’’. RIMARY OFFENSE ‘‘(C) P .—The term ‘primary completion of a driving skills assessment; SEC. 4006. TRACKING PROCESS. offense’ means an offense for which a law en- ‘‘(II) is at least 6 months in duration; Section 412 of title 23, United States Code, is forcement officer may stop a vehicle solely for ‘‘(III) prohibits the driver from using a per- amended by adding at the end the following: the purpose of issuing a citation in the absence sonal wireless communications device (as de- ‘‘(f) TRACKING PROCESS.—The Secretary shall of evidence of another offense. fined in subsection (e)) while driving except develop a process to identify and mitigate pos- ‘‘(D) PUBLIC ROAD.—The term ‘public road’ under an exception permitted under paragraph sible systemic issues across States and regional has the meaning given such term in section (4) of that subsection, and makes a violation of offices by reviewing oversight findings and rec- 402(c). the prohibition a primary offense; ommended actions identified in triennial State ‘‘(E) TEXTING.—The term ‘texting’ means ‘‘(IV) for the first 6 months of the inter- management reviews.’’. reading from or manually entering data into a mediate stage, restricts driving at night between personal wireless communications device, in- SEC. 4007. STOP MOTORCYCLE CHECKPOINT the hours of 10:00 p.m. and 5:00 a.m. when not FUNDING. cluding doing so for the purpose of SMS texting, supervised by a licensed driver 21 years of age or Notwithstanding section 153 of title 23, United emailing, instant messaging, or engaging in any older, excluding transportation to work, school, States Code, the Secretary may not provide a other form of electronic data retrieval or elec- religious activities, or emergencies; grant or any funds to a State, county, town, tronic data communication.’’. ‘‘(V) prohibits the driver from operating a (e) MOTORCYCLIST SAFETY.—Section 405(f) of township, Indian tribe, municipality, or other motor vehicle with more than 1 nonfamilial pas- local government that may be used for any pro- title 23, United States Code, is amended— senger younger than 21 years of age unless a li- (1) by striking paragraph (2) and inserting the gram— censed driver who is at least 21 years of age is following: (1) to check helmet usage; or in the motor vehicle; and ‘‘(2) GRANT AMOUNT.—The allocation of grant (2) to create checkpoints that specifically tar- ‘‘(VI) remains in effect until the driver funds to a State under this subsection for a fis- get motorcycle operators or motorcycle pas- reaches 17 years of age; and cal year shall be in proportion to the State’s ap- sengers. ‘‘(iii) learner’s permit and intermediate stages portionment under section 402 for fiscal year SEC. 4008. MARIJUANA-IMPAIRED DRIVING. that each require, in addition to any other pen- 2009, except that the amount of a grant awarded (a) STUDY.—The Secretary, in consultation alties imposed by State law, that the granting of to a State for a fiscal year may not exceed 25 with the heads of other Federal agencies as ap- an unrestricted driver’s license be automatically percent of the amount apportioned to the State propriate, shall conduct a study on marijuana- delayed for any individual who, during the under such section for fiscal year 2009.’’; impaired driving. (2) in paragraph (4) by adding at the end the learner’s permit or intermediate stage, is con- (b) ISSUES TO BE EXAMINED.—In conducting following: victed of a driving-related offense during the the study, the Secretary shall examine, at a ‘‘(C) FLEXIBILITY.—Not more than 50 percent first 6 months, including— minimum, the following: of grant funds received by a State under this ‘‘(I) driving while intoxicated; (1) Methods to detect marijuana-impaired subsection may be used for any eligible project ‘‘(II) misrepresentation of the individual’s driving, including devices capable of measuring or activity under section 402 if the State is in the age; marijuana levels in motor vehicle operators. lowest 25 percent of all States for motorcycle ‘‘(III) reckless driving; (2) A review of impairment standard research deaths per 10,000 motorcycle registrations based ‘‘(IV) driving without wearing a seat belt; for driving under the influence of marijuana. ‘‘(V) speeding; or on the most recent data that conforms with cri- (3) Methods to differentiate the cause of a ‘‘(VI) any other driving-related offense, as de- teria established by the Secretary.’’; and driving impairment between alcohol and mari- (3) by adding at the end the following: termined by the Secretary.’’; and juana. ‘‘(6) SHARE-THE-ROAD MODEL LANGUAGE.—Not (2) by adding at the end the following: (4) State-based policies on marijuana-impaired later than 1 year after the date of enactment of ‘‘(6) SPECIAL RULE.—Notwithstanding para- driving. this paragraph, the Secretary shall update and graph (5), up to 100 percent of grant funds re- (5) The role and extent of marijuana impair- provide to the States model language, for use in ceived by a State under this subsection may be ment in motor vehicle accidents. traffic safety education courses, driver’s manu- used for any eligible project or activity under (c) REPORT.— als, and other driver training materials, that section 402, if the State is in the lowest 25 per- (1) IN GENERAL.—Not later than 1 year after provides instruction for drivers of motor vehicles cent of all States for the number of drivers the date of enactment of this Act, the Secretary, on the importance of sharing the road safely under age 18 involved in fatal crashes in the in cooperation with other Federal agencies as with motorcyclists.’’. State per the total number of drivers under age appropriate, shall submit to the Committee on (f) MINIMUM REQUIREMENTS FOR STATE GRAD- 18 in the State based on the most recent data Transportation and Infrastructure of the House UATED DRIVER LICENSING INCENTIVE GRANT that conforms with criteria established by the of Representatives and the Committee on Com- PROGRAM.—Section 405(g) of title 23, United Secretary.’’. merce, Science, and Transportation of the Sen- States Code, is amended— (g) NONMOTORIZED SAFETY.—Section 405 of ate a report on the results of the study. (1) in paragraph (2)— title 23, United States Code, is amended by add- (2) CONTENTS.—The report shall include, at a (A) in subparagraph (A) by striking ‘‘21’’ and ing at the end the following: minimum, the following: inserting ‘‘18’’; and ‘‘(h) NONMOTORIZED SAFETY.— (A) FINDINGS.—The findings of the Secretary (B) by amending subparagraph (B) to read as ‘‘(1) GENERAL AUTHORITY.—Subject to the re- based on the study, including, at a minimum, follows: quirements under this subsection, the Secretary the following: ‘‘(B) LICENSING PROCESS.—A State is in com- shall award grants to States for the purpose of (i) An assessment of methodologies and tech- pliance with the 2-stage licensing process de- decreasing pedestrian and bicycle fatalities and nologies for measuring driver impairment result- scribed in this subparagraph if the State’s driv- injuries that result from crashes involving a ing from the use of marijuana, including the use er’s license laws include— motor vehicle. of marijuana in combination with alcohol. ‘‘(i) a learner’s permit stage that— ‘‘(2) FEDERAL SHARE.—The Federal share of (ii) A description and assessment of the role of ‘‘(I) is at least 6 months in duration; the cost of a project carried out by a State using marijuana as a causal factor in traffic crashes ‘‘(II) contains a prohibition on the driver amounts from a grant awarded under this sub- and the extent of the problem of marijuana-im- using a personal wireless communications device section may not exceed 80 percent. paired driving.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8731 (iii) A description and assessment of current (5) in subsection (d), as so redesignated— and inserting ‘‘in proportion to the State’s ap- State laws relating to marijuana-impaired driv- (A) in the subsection heading by striking ‘‘AU- portionment under section 402 for fiscal year ing. THORIZATION OF APPROPRIATIONS’’ and inserting 2009’’; and (iv) A determination whether an impairment ‘‘FUNDING’’; (B) in subsection (f)(4)(A)(iv)— standard for drivers under the influence of (B) by striking paragraph (1) and inserting (i) by striking ‘‘such as the’’ and inserting marijuana is feasible and could reduce vehicle the following: ‘‘including’’; and accidents and save lives. ‘‘(1) IN GENERAL.—From funds made available (ii) by striking ‘‘developed under subsection (B) RECOMMENDATIONS.—The recommenda- under section 403 of title 23, United States Code, (g)’’. tions of the Secretary based on the study, in- the Secretary shall set aside $7,500,000 for each SEC. 4015. EFFECTIVE DATE FOR CERTAIN PRO- cluding, at a minimum, the following: of fiscal years 2017 through 2020 to carry out GRAMS. (i) Effective and efficient methods for training this section.’’; law enforcement personnel, including drug rec- Notwithstanding any other provision of this (C) in paragraph (2)— Act, except for the technical corrections in sec- ognition experts, to detect or measure the level (i) by striking ‘‘authorized by’’ and inserting of impairment of a motor vehicle operator who is tion 4014, the amendments made by this Act to ‘‘made available under’’; and sections 164, 402, and 405 of title 23, United under the influence of marijuana by the use of (ii) by striking ‘‘percent,’’ and all that follows technology or otherwise. States Code, shall be effective on October 1, through the period at the end and inserting 2016. (ii) If feasible, an impairment standard for ‘‘percent.’’; and driving under the influence of marijuana. (D) by adding at the end the following: TITLE V—MOTOR CARRIER SAFETY (iii) Methodologies for increased data collec- ‘‘(3) OTHER USES.—The Secretary may reallo- Subtitle A—Motor Carrier Safety Grant tion regarding the prevalence and effects of cate, before the last day of any fiscal year, Consolidation marijuana-impaired driving. amounts remaining available under paragraph SEC. 5101. GRANTS TO STATES. (d) MARIJUANA DEFINED.—In this section, the (1) to increase the amounts made available to (a) MOTOR CARRIER SAFETY ASSISTANCE PRO- term ‘‘marijuana’’ includes all substances con- carry out any of other activities authorized taining tetrahydrocannabinol. GRAM.—Section 31102 of title 49, United States under section 403 of title 23, United States Code, Code, is amended to read as follows: SEC. 4009. INCREASING PUBLIC AWARENESS OF in order to ensure, to the maximum extent pos- THE DANGERS OF DRUG-IMPAIRED sible, that all such amounts are obligated during ‘‘§ 31102. Motor carrier safety assistance pro- DRIVING. such fiscal year.’’. gram (a) ADDITIONAL ACTIONS.—The Administrator of the National Highway Traffic Safety Admin- SEC. 4012. STUDY ON THE NATIONAL ROADSIDE ‘‘(a) IN GENERAL.—The Secretary of Transpor- istration, in consultation with the White House SURVEY OF ALCOHOL AND DRUG tation shall administer a motor carrier safety as- USE BY DRIVERS. Office of National Drug Control Policy, the Sec- sistance program funded under section 31104. retary of Health and Human Services, State Not later than 180 days after the date on ‘‘(b) GOAL.—The goal of the program is to en- highway safety offices, and other interested which the Comptroller General of the United sure that the Secretary, States, local govern- parties, as determined by the Administrator, States reviews and reports on the overall value ments, other political jurisdictions, federally shall identify and carry out additional actions of the National Roadside Survey to researchers recognized Indian tribes, and other persons that should be undertaken by the Administra- and other public safety stakeholders, the dif- work in partnership to establish programs to im- tion to assist States in their efforts to increase ferences between a National Roadside Survey prove motor carrier, commercial motor vehicle, public awareness of the dangers of drug-im- site and typical law enforcement checkpoints, and driver safety to support a safe and efficient paired driving, including the dangers of driving and the effectiveness of the National Roadside surface transportation system by— while under the influence of heroin or prescrip- Survey methodology at protecting the privacy of ‘‘(1) making targeted investments to promote tion opioids. the driving public, as requested by the Com- safe commercial motor vehicle transportation, (b) REPORT.—Not later than 60 days after the mittee on Appropriations of the Senate on June including the transportation of passengers and date of enactment of this Act, the Administrator 5, 2014 (Senate Report 113–182), the Secretary hazardous materials; shall submit to the Committee on Commerce, shall report to Congress on the National High- ‘‘(2) investing in activities likely to generate Science, and Transportation of the Senate and way Traffic Safety Administration’s progress to- maximum reductions in the number and severity the Committee on Transportation and Infra- ward reviewing that report and implementing of commercial motor vehicle crashes and in fa- structure of the House of Representatives a re- any recommendations made in that report. talities resulting from such crashes; port that describes the additional actions under- SEC. 4013. BARRIERS TO DATA COLLECTION RE- ‘‘(3) adopting and enforcing effective motor taken by the Administration pursuant to sub- PORT. carrier, commercial motor vehicle, and driver section (a). Not later than 180 days after the date of en- safety regulations and practices consistent with SEC. 4010. NATIONAL PRIORITY SAFETY PRO- actment of this Act, the Administrator of the Federal requirements; and GRAM GRANT ELIGIBILITY. National Highway Traffic Safety Administra- ‘‘(4) assessing and improving statewide per- Not later than 60 days after the date on which tion shall submit a report to the Committee on formance by setting program goals and meeting the Secretary awards grants under section 405 of Commerce, Science, and Transportation of the performance standards, measures, and bench- title 23, United States Code, the Secretary shall Senate and the Committee on Transportation marks. make available on a publicly available Internet and Infrastructure of the House of Representa- ‘‘(c) STATE PLANS.— Web site of the Department of Transportation— tives that— ‘‘(1) IN GENERAL.—In carrying out the pro- (1) an identification of— (1) identifies any legal and technical barriers gram, the Secretary shall prescribe procedures (A) the States that were awarded grants to capturing adequate data on the prevalence of for a State to submit a multiple-year plan, and under such section; the use of wireless communications devices while annual updates thereto, under which the State (B) the States that applied and were not driving; and agrees to assume responsibility for improving awarded grants under such section; and (2) provides recommendations on how to ad- motor carrier safety by adopting and enforcing (C) the States that did not apply for a grant dress such barriers. State regulations, standards, and orders that under such section; and SEC. 4014. TECHNICAL CORRECTIONS. are compatible with the regulations, standards, (2) a list of deficiencies that made a State in- Title 23, United States Code, is amended as and orders of the Federal Government on com- eligible for a grant under such section for each follows: mercial motor vehicle safety and hazardous ma- State under paragraph (1)(B). (1) Section 402 is amended— terials transportation safety. SEC. 4011. DATA COLLECTION. (A) in subsection (b)(1)— ‘‘(2) CONTENTS.—The Secretary shall approve Section 1906 of SAFETEA–LU (23 U.S.C. 402 (i) in subparagraph (C) by striking ‘‘para- a State plan if the Secretary determines that the note) is amended— graph (3)’’ and inserting ‘‘paragraph (2)’’; and plan is adequate to comply with the require- (1) in subsection (a)(1)— (ii) in subparagraph (E)— ments of this section, and the plan— (A) by striking ‘‘(A) has enacted’’ and all that (I) by striking ‘‘in which’’ and inserting ‘‘for ‘‘(A) implements performance-based activities, follows through ‘‘(B) is maintaining’’ and in- which’’; and including deployment and maintenance of tech- serting ‘‘is maintaining’’; and (II) by striking ‘‘under subsection (f)’’ and in- nology to enhance the efficiency and effective- (B) by striking ‘‘and any passengers’’; ness of commercial motor vehicle safety pro- (2) by striking subsection (b) and inserting the serting ‘‘under subsection (k)’’; and grams; following: (B) in subsection (k)(5), as redesignated by ‘‘(b) USE OF GRANT FUNDS.—A grant received this Act, by striking ‘‘under paragraph (2)(A)’’ ‘‘(B) designates a lead State commercial motor by a State under subsection (a) shall be used by and inserting ‘‘under paragraph (3)(A)’’. vehicle safety agency responsible for admin- the State for the costs of— (2) Section 403(e) is amended by striking istering the plan throughout the State; ‘‘(1) collecting and maintaining data on traf- ‘‘chapter 301’’ and inserting ‘‘chapter 301 of title ‘‘(C) contains satisfactory assurances that the fic stops; and 49’’. lead State commercial motor vehicle safety agen- ‘‘(2) evaluating the results of the data.’’; (3) Section 405 is amended— cy has or will have the legal authority, re- (3) by striking subsection (c) and redesig- (A) in subsection (d)— sources, and qualified personnel necessary to nating subsections (d) and (e) as subsections (c) (i) in paragraph (5) by striking ‘‘under section enforce the regulations, standards, and orders; and (d), respectively; 402(c)’’ and inserting ‘‘under section 402’’; and ‘‘(D) contains satisfactory assurances that the (4) in subsection (c)(2), as so redesignated, by (ii) in paragraph (6)(D), as redesignated by State will devote adequate resources to the ad- striking ‘‘A State’’ and inserting ‘‘On or after this Act, by striking ‘‘on the basis of the appor- ministration of the plan and enforcement of the October 1, 2015, a State’’; and tionment formula set forth in section 402(c)’’ regulations, standards, and orders;

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8732 CONGRESSIONAL RECORD — HOUSE December 1, 2015 ‘‘(E) provides a right of entry (or other meth- ‘‘(R) ensures consistent, effective, and reason- not later than 30 days after the date the Sec- od a State may use that the Secretary deter- able sanctions; retary approves the plan or update. mines is adequate to obtain necessary informa- ‘‘(S) ensures that roadside inspections will be ‘‘(B) LIMITATION.—Before publishing an ap- tion) and inspection to carry out the plan; conducted at locations that are adequate to pro- proved State multiple-year plan or annual up- ‘‘(F) provides that all reports required under tect the safety of drivers and enforcement per- date under subparagraph (A), the Secretary this section be available to the Secretary on re- sonnel; shall redact any information identified by the quest; ‘‘(T) provides that the State will include in State that, if disclosed— ‘‘(G) provides that the lead State commercial the training manuals for the licensing examina- ‘‘(i) would reasonably be expected to interfere motor vehicle safety agency will adopt the re- tion to drive noncommercial motor vehicles and with enforcement proceedings; or porting requirements and use the forms for rec- commercial motor vehicles information on best ‘‘(ii) would reveal enforcement techniques or ordkeeping, inspections, and investigations that practices for driving safely in the vicinity of procedures that would reasonably be expected to the Secretary prescribes; noncommercial and commercial motor vehicles; risk circumvention of the law. ‘‘(H) requires all registrants of commercial ‘‘(U) provides that the State will enforce the ‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The motor vehicles to demonstrate knowledge of ap- registration requirements of sections 13902 and requirement that a State conduct safety audits plicable safety regulations, standards, and or- 31134 by prohibiting the operation of any vehicle of new entrant motor carriers under subsection ders of the Federal Government and the State; discovered to be operated by a motor carrier (c)(2)(Y) does not apply to a territory of the ‘‘(I) provides that the State will grant max- without a registration issued under those sec- United States unless required by the Secretary. imum reciprocity for inspections conducted tions or to be operated beyond the scope of the ‘‘(e) INTRASTATE COMPATIBILITY.—The Sec- under the North American Inspection Standards motor carrier’s registration; retary shall prescribe regulations specifying tol- through the use of a nationally accepted system ‘‘(V) provides that the State will conduct com- erance guidelines and standards for ensuring that allows ready identification of previously prehensive and highly visible traffic enforce- compatibility of intrastate commercial motor ve- inspected commercial motor vehicles; ment and commercial motor vehicle safety in- hicle safety laws, including regulations, with ‘‘(J) ensures that activities described in sub- spection programs in high-risk locations and Federal motor carrier safety regulations to be section (h), if financed through grants to the corridors; enforced under subsections (b) and (c). To the State made under this section, will not diminish ‘‘(W) except in the case of an imminent haz- extent practicable, the guidelines and standards the effectiveness of the development and imple- ard or obvious safety hazard, ensures that an shall allow for maximum flexibility while ensur- mentation of the programs to improve motor car- inspection of a vehicle transporting passengers ing a degree of uniformity that will not diminish rier, commercial motor vehicle, and driver safety for a motor carrier of passengers is conducted at motor vehicle safety. as described in subsection (b); a bus station, terminal, border crossing, mainte- ‘‘(f) MAINTENANCE OF EFFORT.— ‘‘(K) ensures that the lead State commercial nance facility, destination, or other location ‘‘(1) BASELINE.—Except as provided under motor vehicle safety agency will coordinate the where a motor carrier may make a planned stop paragraphs (2) and (3) and in accordance with plan, data collection, and information systems (excluding a weigh station); section 5107 of the FAST Act, a State plan under with the State highway safety improvement pro- ‘‘(X) ensures that the State will transmit to its subsection (c) shall provide that the total ex- gram required under section 148(c) of title 23; roadside inspectors notice of each Federal ex- penditure of amounts of the lead State commer- ‘‘(L) ensures participation in appropriate Fed- emption granted under section 31315(b) of this cial motor vehicle safety agency responsible for eral Motor Carrier Safety Administration infor- title and sections 390.23 and 390.25 of title 49, administering the plan will be maintained at a mation technology and data systems and other Code of Federal Regulations, and provided to level each fiscal year that is at least equal to— information systems by all appropriate jurisdic- the State by the Secretary, including the name ‘‘(A) the average level of that expenditure for tions receiving motor carrier safety assistance of the person that received the exemption and fiscal years 2004 and 2005; or program funding; any terms and conditions that apply to the ex- ‘‘(B) the level of that expenditure for the year ‘‘(M) ensures that information is exchanged emption; in which the Secretary implements a new alloca- among the States in a timely manner; ‘‘(Y) except as provided in subsection (d), pro- tion formula under section 5106 of the FAST ‘‘(N) provides satisfactory assurances that the vides that the State— Act. State will undertake efforts that will emphasize ‘‘(i) will conduct safety audits of interstate ‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR and improve enforcement of State and local traf- and, at the State’s discretion, intrastate new en- 2017.—At the request of a State, the Secretary fic safety laws and regulations related to com- trant motor carriers under section 31144(g); and may evaluate additional documentation related mercial motor vehicle safety; ‘‘(ii) if the State authorizes a third party to to the maintenance of effort and may make rea- ‘‘(O) provides satisfactory assurances that the conduct safety audits under section 31144(g) on sonable adjustments to the maintenance of ef- State will address national priorities and per- its behalf, the State verifies the quality of the fort baseline after the year in which the Sec- formance goals, including— work conducted and remains solely responsible retary implements a new allocation formula ‘‘(i) activities aimed at removing impaired for the management and oversight of the activi- under section 5106 of the FAST Act, and this ad- commercial motor vehicle drivers from the high- ties; justed baseline will replace the maintenance of ways of the United States through adequate en- ‘‘(Z) provides that the State agrees to fully effort requirement under paragraph (1). forcement of regulations on the use of alcohol participate in the performance and registration ‘‘(3) WAIVERS.—At the request of a State, the and controlled substances and by ensuring information systems management under section Secretary may waive or modify the requirements ready roadside access to alcohol detection and 31106(b) not later than October 1, 2020, by com- of this subsection for a total of 1 fiscal year if measuring equipment; plying with the conditions for participation the Secretary determines that the waiver or ‘‘(ii) activities aimed at providing an appro- under paragraph (3) of that section, or dem- modification is reasonable, based on cir- priate level of training to State motor carrier onstrates to the Secretary an alternative ap- cumstances described by the State, to ensure the safety assistance program officers and employ- proach for identifying and immobilizing a motor continuation of commercial motor vehicle en- ees on recognizing drivers impaired by alcohol carrier with serious safety deficiencies in a man- forcement activities in the State. or controlled substances; and ner that provides an equivalent level of safety; ‘‘(4) LEVEL OF STATE EXPENDITURES.—In esti- ‘‘(iii) when conducted with an appropriate ‘‘(AA) in the case of a State that shares a mating the average level of a State’s expendi- commercial motor vehicle inspection, criminal land border with another country, provides that tures under paragraph (1), the Secretary— interdiction activities, and appropriate strate- the State— ‘‘(A) may allow the State to exclude State ex- gies for carrying out those interdiction activi- ‘‘(i) will conduct a border commercial motor penditures for federally sponsored demonstra- ties, including interdiction activities that affect vehicle safety program focusing on international tion and pilot programs and strike forces; the transportation of controlled substances (as commerce that includes enforcement and related ‘‘(B) may allow the State to exclude expendi- defined in section 102 of the Comprehensive projects; or tures for activities related to border enforcement Drug Abuse Prevention and Control Act of 1970 ‘‘(ii) will forfeit all funds calculated by the and new entrant safety audits; and (21 U.S.C. 802) and listed in part 1308 of title 21, Secretary based on border-related activities if ‘‘(C) shall require the State to exclude State Code of Federal Regulations, as updated and re- the State declines to conduct the program de- matching amounts used to receive Federal fi- published from time to time) by any occupant of scribed in clause (i) in its plan; and nancing under section 31104. a commercial motor vehicle; ‘‘(BB) in the case of a State that meets the ‘‘(g) USE OF UNIFIED CARRIER REGISTRATION ‘‘(P) provides that the State has established other requirements of this section and agrees to FEES AGREEMENT.—Amounts generated under and dedicated sufficient resources to a program comply with the requirements established in section 14504a and received by a State and used to ensure that— subsection (l)(3), provides that the State may for motor carrier safety purposes may be in- ‘‘(i) the State collects and reports to the Sec- fund operation and maintenance costs associ- cluded as part of the State’s match required retary accurate, complete, and timely motor car- ated with innovative technology deployment under section 31104 or maintenance of effort re- rier safety data; and under subsection (l)(3) with motor carrier safety quired by subsection (f). ‘‘(ii) the State participates in a national motor assistance program funds authorized under sec- ‘‘(h) USE OF GRANTS TO ENFORCE OTHER carrier safety data correction system prescribed tion 31104(a)(1). LAWS.—When approved as part of a State’s plan by the Secretary; ‘‘(3) PUBLICATION.— under subsection (c), the State may use motor ‘‘(Q) ensures that the State will cooperate in ‘‘(A) IN GENERAL.—Subject to subparagraph carrier safety assistance program funds received the enforcement of financial responsibility re- (B), the Secretary shall publish each approved under this section— quirements under sections 13906, 31138, and State multiple-year plan, and each annual up- ‘‘(1) if the activities are carried out in con- 31139 and regulations issued under those sec- date thereto, on a publically accessible Internet junction with an appropriate inspection of a tions; Web site of the Department of Transportation commercial motor vehicle to enforce Federal or

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00084 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8733 State commercial motor vehicle safety regula- this section is not being followed or has become ‘‘(H) otherwise improve commercial motor ve- tions, for— inadequate to ensure enforcement of State regu- hicle safety and compliance with commercial ‘‘(A) enforcement of commercial motor vehicle lations, standards, or orders described in sub- motor vehicle safety regulations. size and weight limitations at locations, exclud- section (c)(1), or the State is otherwise not in ‘‘(3) INNOVATIVE TECHNOLOGY DEPLOYMENT ing fixed-weight facilities, such as near steep compliance with the requirements of this sec- GRANT PROGRAM.— grades or mountainous terrains, where the tion, the Secretary may withdraw approval of ‘‘(A) IN GENERAL.—The Secretary shall estab- weight of a commercial motor vehicle can sig- the State plan and notify the State. Upon the lish an innovative technology deployment grant nificantly affect the safe operation of the vehi- receipt of such notice, the State plan shall no program to make discretionary grants to eligible cle, or at ports where intermodal shipping con- longer be in effect and the Secretary shall with- States for the innovative technology deployment tainers enter and leave the United States; and hold all funding to the State under this section. of commercial motor vehicle information systems ‘‘(B) detection of and enforcement actions ‘‘(B) NONCOMPLIANCE WITHHOLDING.—In lieu and networks. taken as a result of criminal activity, including of withdrawing approval of a State plan under ‘‘(B) PURPOSES.—The purposes of the program the trafficking of human beings, in a commer- subparagraph (A), the Secretary may, after pro- shall be— cial motor vehicle or by any occupant, including viding notice to the State and an opportunity to ‘‘(i) to advance the technological capability the operator, of the commercial motor vehicle; be heard, withhold funding from the State to and promote the deployment of intelligent trans- and which the State would otherwise be entitled portation system applications for commercial ‘‘(2) for documented enforcement of State traf- under this section for the period of the State’s motor vehicle operations, including commercial fic laws and regulations designed to promote the noncompliance. In exercising this option, the motor vehicle, commercial driver, and carrier- safe operation of commercial motor vehicles, in- Secretary may withhold— specific information systems and networks; and cluding documented enforcement of such laws ‘‘(i) up to 5 percent of funds during the fiscal ‘‘(ii) to support and maintain commercial and regulations relating to noncommercial year that the Secretary notifies the State of its motor vehicle information systems and net- motor vehicles when necessary to promote the noncompliance; works— ‘‘(ii) up to 10 percent of funds for the first full safe operation of commercial motor vehicles, if— ‘‘(I) to link Federal motor carrier safety infor- ‘‘(A) the number of motor carrier safety activi- fiscal year of noncompliance; ‘‘(iii) up to 25 percent of funds for the second mation systems with State commercial motor ve- ties, including roadside safety inspections, con- hicle systems; ducted in the State is maintained at a level at full fiscal year of noncompliance; and ‘‘(II) to improve the safety and productivity of least equal to the average level of such activities ‘‘(iv) not more than 50 percent of funds for the commercial motor vehicles and drivers; and conducted in the State in fiscal years 2004 and third and any subsequent full fiscal year of ‘‘(III) to reduce costs associated with commer- 2005; and noncompliance. cial motor vehicle operations and Federal and ‘‘(B) the State does not use more than 10 per- ‘‘(3) JUDICIAL REVIEW.—A State adversely af- State commercial motor vehicle regulatory re- cent of the basic amount the State receives fected by a determination under paragraph (2) quirements. under a grant awarded under section 31104(a)(1) may seek judicial review under chapter 7 of title for enforcement activities relating to non- 5. Notwithstanding the disapproval of a State ‘‘(C) ELIGIBILITY.—To be eligible for a grant commercial motor vehicles necessary to promote plan under paragraph (2)(A) or the withholding under this paragraph, a State shall— the safe operation of commercial motor vehicles of funds under paragraph (2)(B), the State may ‘‘(i) have a commercial motor vehicle informa- unless the Secretary determines that a higher retain jurisdiction in an administrative or a ju- tion systems and networks program plan ap- percentage will result in significant increases in dicial proceeding that commenced before the no- proved by the Secretary that describes the var- commercial motor vehicle safety. tice of disapproval or withholding if the issues ious systems and networks at the State level ‘‘(i) EVALUATION OF PLANS AND AWARD OF involved are not related directly to the reasons that need to be refined, revised, upgraded, or GRANTS.— for the disapproval or withholding. built to accomplish deployment of commercial ‘‘(1) AWARDS.—The Secretary shall establish ‘‘(l) HIGH PRIORITY PROGRAM.— motor vehicle information systems and networks criteria for the application, evaluation, and ap- ‘‘(1) IN GENERAL.—The Secretary shall admin- capabilities; proval of State plans under this section. Subject ister a high priority program funded under sec- ‘‘(ii) certify to the Secretary that its commer- to subsection (j), the Secretary may allocate the tion 31104(a)(2) for the purposes described in cial motor vehicle information systems and net- amounts made available under section paragraphs (2) and (3). works deployment activities, including hard- 31104(a)(1) among the States. ‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER ware procurement, software and system develop- SAFETY ‘‘(2) OPPORTUNITY TO CURE.—If the Secretary .—The Secretary may make discretionary ment, and infrastructure modifications— disapproves a plan under this section, the Sec- grants to and enter into cooperative agreements ‘‘(I) are consistent with the national intel- retary shall give the State a written explanation with States, local governments, federally recog- ligent transportation systems and commercial of the reasons for disapproval and allow the nized Indian tribes, other political jurisdictions motor vehicle information systems and networks State to modify and resubmit the plan for ap- as necessary, and any person to carry out high architectures and available standards; and proval. priority activities and projects that augment ‘‘(II) promote interoperability and efficiency ‘‘(j) ALLOCATION OF FUNDS.— motor carrier safety activities and projects to the extent practicable; and ‘‘(1) IN GENERAL.—The Secretary, by regula- planned in accordance with subsections (b) and ‘‘(iii) agree to execute interoperability tests de- tion, shall prescribe allocation criteria for funds (c), including activities and projects that— veloped by the Federal Motor Carrier Safety Ad- made available under section 31104(a)(1). ‘‘(A) increase public awareness and education ministration to verify that its systems conform ‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of on commercial motor vehicle safety; with the national intelligent transportation sys- ‘‘(B) target unsafe driving of commercial each fiscal year, or as soon as practicable there- tems architecture, applicable standards, and motor vehicles and noncommercial motor vehi- after, and after making a deduction under sec- protocols for commercial motor vehicle informa- cles in areas identified as high risk crash cor- tion 31104(c), the Secretary shall allocate tion systems and networks. ridors; amounts made available under section SE OF FUNDS.—Grant funds received ‘‘(C) improve the safe and secure movement of ‘‘(D) U 31104(a)(1) to carry out this section for the fiscal under this paragraph may be used— hazardous materials; year among the States with plans approved ‘‘(D) improve safe transportation of goods and ‘‘(i) for deployment activities and activities to under this section in accordance with the cri- persons in foreign commerce; develop new and innovative advanced tech- teria prescribed under paragraph (1). ‘‘(E) demonstrate new technologies to improve nology solutions that support commercial motor ‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to the commercial motor vehicle safety; vehicle information systems and networks; availability of funding and notwithstanding ‘‘(F) support participation in performance and ‘‘(ii) for planning activities, including the de- fluctuations in the data elements used by the registration information systems management velopment or updating of program or top level Secretary to calculate the annual allocation under section 31106(b)— design plans in order to become eligible or main- amounts, after the creation of a new allocation ‘‘(i) for entities not responsible for submitting tain eligibility under subparagraph (C); and formula under section 5106 of the FAST Act, the the plan under subsection (c); or ‘‘(iii) for the operation and maintenance costs Secretary may not make elective adjustments to ‘‘(ii) for entities responsible for submitting the associated with innovative technology. the allocation formula that decrease a State’s plan under subsection (c)— ‘‘(E) SECRETARY AUTHORIZATION.—The Sec- Federal funding levels by more than 3 percent in ‘‘(I) before October 1, 2020, to achieve compli- retary is authorized to award a State funding a fiscal year. The 3 percent limit shall not apply ance with the requirements of participation; and for the operation and maintenance costs associ- to the withholding provisions of subsection (k). ‘‘(II) beginning on October 1, 2020, or once ated with innovative technology deployment ‘‘(k) PLAN MONITORING.— compliance is achieved, whichever is sooner, for with funds made available under sections ‘‘(1) IN GENERAL.—On the basis of reports sub- special initiatives or projects that exceed routine 31104(a)(1) and 31104(a)(2).’’. mitted by the lead State agency responsible for operations required for participation; (b) COMMERCIAL MOTOR VEHICLE OPERATORS administering a State plan approved under this ‘‘(G) conduct safety data improvement GRANT PROGRAM.—Section 31103 of title 49, section and an investigation by the Secretary, projects— United States Code, is amended to read as fol- the Secretary shall periodically evaluate State ‘‘(i) that complete or exceed the requirements lows: implementation of and compliance with the under subsection (c)(2)(P) for entities not re- State plan. sponsible for submitting the plan under sub- ‘‘§ 31103. Commercial motor vehicle operators ‘‘(2) WITHHOLDING OF FUNDS.— section (c); or grant program ‘‘(A) DISAPPROVAL.—If, after notice and an ‘‘(ii) that exceed the requirements under sub- ‘‘(a) IN GENERAL.—The Secretary shall admin- opportunity to be heard, the Secretary finds section (c)(2)(P) for entities responsible for sub- ister a commercial motor vehicle operators grant that a State plan previously approved under mitting the plan under subsection (c); and program funded under section 31104.

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‘‘(b) PURPOSE.—The purpose of the grant pro- of a financial assistance agreement by the Sec- of SAFETEA–LU (49 U.S.C. 31106 note), and the gram is to train individuals in the safe oper- retary under section 31102, 31103, or 31313 is a item relating to that section in the table of con- ation of commercial motor vehicles (as defined contractual obligation of the Federal Govern- tents contained in section 1(b) of that Act, are in section 31301). ment for payment of the Federal Government’s repealed. ‘‘(c) VETERANS.—In administering grants share of costs in carrying out the provisions of (6) SAFETY DATA IMPROVEMENT PROGRAM.— under this section, the Secretary shall award the grant or cooperative agreement. Section 4128 of SAFETEA–LU (49 U.S.C. 31100 priority to grant applications for programs to ‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary note), and the item relating to that section in train former members of the armed forces (as de- shall establish criteria for eligible activities to be the table of contents contained in section 1(b) of fined in section 101 of title 10) in the safe oper- funded with financial assistance agreements that Act, are repealed. ation of such vehicles.’’. under this section and publish those criteria in (7) GRANT PROGRAM FOR COMMERCIAL MOTOR (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- a notice of funding availability before the finan- VEHICLE OPERATORS.—Section 4134 of tion 31104 of title 49, United States Code, as cial assistance program application period. SAFETEA–LU (49 U.S.C. 31301 note), and the amended by this Act, is further amended on the ‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL item relating to that section in the table of con- effective date set forth in subsection (f) to read ASSISTANCE AGREEMENT FUNDS FOR RECIPIENT tents contained in section 1(b) of that Act, are as follows: EXPENDITURES.—The period of availability for a repealed. ‘‘§ 31104. Authorization of appropriations recipient to expend funds under a grant or coop- (8) MAINTENANCE OF EFFORT AS CONDITION ON erative agreement authorized under subsection GRANTS TO STATES.—Section 103(c) of the Motor ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The (a) is as follows: Carrier Safety Improvement Act of 1999 (49 following sums are authorized to be appro- ‘‘(1) For grants made for carrying out section U.S.C. 31102 note) is repealed. priated from the Highway Trust Fund (other 31102, other than section 31102(l), for the fiscal (9) STATE COMPLIANCE WITH CDL REQUIRE- than the Mass Transit Account): year in which the Secretary approves the finan- MENTS.—Section 103(e) of the Motor Carrier ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO- cial assistance agreement and for the next fiscal Safety Improvement Act of 1999 (49 U.S.C. 31102 GRAM.—Subject to paragraph (2) and subsection year. note) is repealed. (c), to carry out section 31102 (except subsection ‘‘(2) For grants made or cooperative agree- (10) BORDER STAFFING STANDARDS.—Section (l))— ments entered into for carrying out section 218(d) of the Motor Carrier Safety Improvement ‘‘(A) $292,600,000 for fiscal year 2017; 31102(l)(2), for the fiscal year in which the Sec- Act of 1999 (49 U.S.C. 31133 note) is amended— ‘‘(B) $298,900,000 for fiscal year 2018; retary approves the financial assistance agree- (A) in paragraph (1) by striking ‘‘section ‘‘(C) $304,300,000 for fiscal year 2019; and ment and for the next 2 fiscal years. 31104(f)(2)(B) of title 49, United States Code’’ ‘‘(D) $308,700,000 for fiscal year 2020. ‘‘(3) For grants made for carrying out section and inserting ‘‘section 31104(a)(1) of title 49, ‘‘(2) HIGH PRIORITY ACTIVITIES PROGRAM.— 31102(l)(3), for the fiscal year in which the Sec- United States Code’’; and Subject to subsection (c), to carry out section retary approves the financial assistance agree- (B) by striking paragraph (3). 31102(l)— ment and for the next 4 fiscal years. (11) WINTER HOME HEATING OIL DELIVERY ‘‘(A) $42,200,000 for fiscal year 2017; ‘‘(4) For grants made for carrying out section STATE FLEXIBILITY PROGRAM.—Section 346 of the ‘‘(B) $43,100,000 for fiscal year 2018; 31103, for the fiscal year in which the Secretary National Highway System Designation Act of ‘‘(C) $44,000,000 for fiscal year 2019; and approves the financial assistance agreement and 1995 (49 U.S.C. 31166 note), and the item relating ‘‘(D) $44,900,000 for fiscal year 2020. for the next fiscal year. to that section in the table of contents in section ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS ‘‘(5) For grants made or cooperative agree- 1(b) of that Act, are repealed. GRANT PROGRAM.—To carry out section 31103— ments entered into for carrying out section (f) EFFECTIVE DATE.—The amendments made ‘‘(A) $1,000,000 for fiscal year 2017; 31313, for the fiscal year in which the Secretary by this section shall take effect on October 1, ‘‘(B) $1,000,000 for fiscal year 2018; approves the financial assistance agreement and 2016. ‘‘(C) $1,000,000 for fiscal year 2019; and for the next 4 fiscal years. (g) TRANSITION.—Notwithstanding the amend- ‘‘(D) $1,000,000 for fiscal year 2020. ‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF ments made by this section, the Secretary shall ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM AVAILABILITY.—Amounts authorized from the carry out sections 31102, 31103, and 31104 of title IMPLEMENTATION PROGRAM.—Subject to sub- Highway Trust Fund (other than the Mass 49, United States Code, and any sections re- section (c), to carry out section 31313— Transit Account) by this section shall be avail- pealed under subsection (e), as necessary, as ‘‘(A) $31,200,000 for fiscal year 2017; able for obligation on the date of their appor- those sections were in effect on the day before ‘‘(B) $31,800,000 for fiscal year 2018; tionment or allocation or on October 1 of the fis- October 1, 2016, with respect to applications for ‘‘(C) $32,500,000 for fiscal year 2019; and cal year for which they are authorized, which- grants, cooperative agreements, or contracts ‘‘(D) $33,200,000 for fiscal year 2020. ever occurs first. under those sections submitted before October 1, ‘‘(b) REIMBURSEMENT AND PAYMENT TO RE- ‘‘(h) AVAILABILITY OF FUNDING.—Amounts 2016. CIPIENTS FOR GOVERNMENT SHARE OF COSTS.— made available under this section shall remain SEC. 5102. PERFORMANCE AND REGISTRATION IN- ‘‘(1) IN GENERAL.—Amounts made available available until expended. FORMATION SYSTEMS MANAGE- under subsection (a) shall be used to reimburse ‘‘(i) REALLOCATION.—Amounts not expended MENT. financial assistance recipients proportionally for by a recipient during the period of availability Section 31106(b) of title 49, United States the Federal Government’s share of the costs in- shall be released back to the Secretary for re- Code, is amended in the subsection heading by curred. allocation for any purpose under section 31102, striking ‘‘PROGRAM’’ and inserting ‘‘SYSTEMS ‘‘(2) REIMBURSEMENT AMOUNTS.—The Sec- 31103, or 31313 or this section to ensure, to the MANAGEMENT’’. retary shall reimburse a recipient, in accordance maximum extent possible, that all such amounts SEC. 5103. AUTHORIZATION OF APPROPRIATIONS. with a financial assistance agreement made are obligated.’’. (a) IN GENERAL.—Subchapter I of chapter 311 under section 31102, 31103, or 31313, an amount (d) CLERICAL AMENDMENT.—The analysis for of title 49, United States Code, is amended by that is at least 85 percent of the costs incurred chapter 311 of title 49, United States Code, is adding at the end the following: by the recipient in a fiscal year in developing amended by striking the items relating to sec- and implementing programs under such sections. tions 31102, 31103, and 31104 and inserting the ‘‘§ 31110. Authorization of appropriations The Secretary shall pay the recipient an amount following: ‘‘(a) ADMINISTRATIVE EXPENSES.—There is au- not more than the Federal Government share of ‘‘31102. Motor carrier safety assistance program. thorized to be appropriated from the Highway the total costs approved by the Federal Govern- ‘‘31103. Commercial motor vehicle operators Trust Fund (other than the Mass Transit Ac- ment in the financial assistance agreement. The grant program. count) for the Secretary of Transportation to Secretary shall include a recipient’s in-kind ‘‘31104. Authorization of appropriations.’’. pay administrative expenses of the Federal contributions in determining the reimbursement. (e) CONFORMING AMENDMENTS.— Motor Carrier Safety Administration— ‘‘(3) VOUCHERS.—Each recipient shall submit (1) SAFETY FITNESS OF OWNERS AND OPERATOR; ‘‘(1) $267,400,000 for fiscal year 2016; vouchers at least quarterly for costs the recipi- SAFETY REVIEWS OF NEW OPERATORS.—Section ‘‘(2) $277,200,000 for fiscal year 2017; ent incurs in developing and implementing pro- 31144(g) of title 49, United States Code, is ‘‘(3) $283,000,000 for fiscal year 2018; grams under sections 31102, 31103, and 31313. amended by striking paragraph (5). ‘‘(4) $284,000,000 for fiscal year 2019; and ‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND (2) INFORMATION SYSTEMS; PERFORMANCE AND ‘‘(5) $288,000,000 for fiscal year 2020. PROGRAM SUPPORT.—On October 1 of each fiscal REGISTRATION INFORMATION PROGRAM.—Section ‘‘(b) USE OF FUNDS.—The funds authorized by year, or as soon after that date as practicable, 31106(b) of title 49, United States Code, is this section shall be used for— the Secretary may deduct from amounts made amended by striking paragraph (4). ‘‘(1) personnel costs; available under paragraphs (1), (2), and (4) of (3) BORDER ENFORCEMENT GRANTS.—Section ‘‘(2) administrative infrastructure; subsection (a) for that fiscal year not more than 31107 of title 49, United States Code, and the ‘‘(3) rent; 1.50 percent of those amounts for partner train- item relating to that section in the analysis for ‘‘(4) information technology; ing and program support in that fiscal year. chapter 311 of that title, are repealed. ‘‘(5) programs for research and technology, in- The Secretary shall use at least 75 percent of (4) PERFORMANCE AND REGISTRATION INFORMA- formation management, regulatory development, those deducted amounts to train non-Federal TION SYSTEM MANAGEMENT.—Section 31109 of and the administration of performance and reg- Government employees and to develop related title 49, United States Code, and the item relat- istration information systems management training materials in carrying out such pro- ing to that section in the analysis for chapter under section 31106(b); grams. 311 of that title, are repealed. ‘‘(6) programs for outreach and education ‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS (5) COMMERCIAL VEHICLE INFORMATION SYS- under subsection (c); AS CONTRACTUAL OBLIGATIONS.—The approval TEMS AND NETWORKS DEPLOYMENT.—Section 4126 ‘‘(7) other operating expenses;

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‘‘(8) conducting safety reviews of new opera- with the requirements of section 31311, to im- ‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS- tors; and prove the State’s implementation of its commer- TEMS AND NETWORKS DEPLOYMENT.—For car- ‘‘(9) such other expenses as may from time to cial driver’s license program, including ex- rying out the commercial vehicle information time become necessary to implement statutory penses— systems and networks deployment program mandates of the Federal Motor Carrier Safety ‘‘(i) for computer hardware and software; under section 4126 of this Act $25,000,000 for fis- Administration not funded from other sources. ‘‘(ii) for publications, testing, personnel, cal year 2016. ‘‘(c) OUTREACH AND EDUCATION PROGRAM.— training, and quality control; ‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For ‘‘(1) IN GENERAL.—The Secretary may con- ‘‘(iii) for commercial driver’s license program safety data improvement grants under section duct, through any combination of grants, con- coordinators; and 4128 of this Act $3,000,000 for fiscal year 2016.’’. tracts, cooperative agreements, and other activi- ‘‘(iv) to implement or maintain a system to no- (c) HIGH-PRIORITY ACTIVITIES.—Section ties, an internal and external outreach and edu- tify an employer of an operator of a commercial 31104(j)(2) of title 49, United States Code, as re- cation program to be administered by the Ad- motor vehicle of the suspension or revocation of designated by this subtitle, is amended by strik- ministrator of the Federal Motor Carrier Safety the operator’s commercial driver’s license con- ing ‘‘2015’’ the first place it appears and all that Administration. sistent with the standards developed under sec- follows through ‘‘for States,’’ and inserting ‘‘(2) FEDERAL SHARE.—The Federal share of tion 32303(b) of the Commercial Motor Vehicle ‘‘2016 for States,’’. an outreach and education project for which a Safety Enhancement Act of 2012 (49 U.S.C. 31304 (d) NEW ENTRANT AUDITS.—Section grant, contract, or cooperative agreement is note). 31144(g)(5)(B) of title 49, United States Code, is made under this subsection may be up to 100 ‘‘(3) PRIORITY ACTIVITIES.—The Secretary may amended to read as follows: percent of the cost of the project. make a grant to or enter into a cooperative ‘‘(B) SET ASIDE.—The Secretary shall set aside ‘‘(3) FUNDING.—From amounts made available agreement with a State agency, local govern- from amounts made available under section under subsection (a), the Secretary shall make ment, or any person in a fiscal year for re- 31104(a) up to $32,000,000 for fiscal year 2016 for available not more than $4,000,000 each fiscal search, development and testing, demonstration audits of new entrant motor carriers conducted year to carry out this subsection. projects, public education, and other special ac- under this paragraph.’’. ‘‘(d) CONTRACT AUTHORITY; INITIAL DATE OF tivities and projects relating to commercial driv- (e) GRANT PROGRAM FOR COMMERCIAL MOTOR AVAILABILITY.—Amounts authorized from the ers licensing and motor vehicle safety that— VEHICLE OPERATORS.—Section 4134(c) of Highway Trust Fund (other than the Mass ‘‘(A) benefit all jurisdictions of the United SAFETEA–LU (49 U.S.C. 31301 note) is amended Transit Account) by this section shall be avail- States; to read as follows: able for obligation on the date of their appor- ‘‘(B) address national safety concerns and cir- ‘‘(c) FUNDING.—From amounts made available tionment or allocation or on October 1 of the fis- cumstances; under section 31110 of title 49, United States cal year for which they are authorized, which- ‘‘(C) address emerging issues relating to com- Code, the Secretary shall make available, ever occurs first. mercial driver’s license improvements; $1,000,000 for fiscal year 2016 to carry out this ‘‘(e) FUNDING AVAILABILITY.—Amounts made ‘‘(D) support innovative ideas and solutions to section.’’. available under this section shall remain avail- commercial driver’s license program issues; or (f) COMMERCIAL VEHICLE INFORMATION SYS- able until expended. ‘‘(E) address other commercial driver’s license TEMS AND NETWORKS DEPLOYMENT.— ‘‘(f) CONTRACTUAL OBLIGATION.—The ap- issues, as determined by the Secretary. (1) IN GENERAL.—Section 4126 of SAFETEA– proval of funds by the Secretary under this sec- ‘‘(b) PROHIBITIONS.—A recipient may not use LU (49 U.S.C. 31106 note; 119 Stat. 1738; Public tion is a contractual obligation of the Federal financial assistance funds awarded under this Law 109–59) is amended— Government for payment of the Federal Govern- section to rent, lease, or buy land or buildings. (A) in subsection (c)— ment’s share of costs.’’. ‘‘(c) REPORT.—The Secretary shall issue an (i) in paragraph (2) by adding at the end the (b) CLERICAL AMENDMENT.—The analysis for annual report on the activities carried out following: ‘‘Funds deobligated by the Secretary chapter 311 of title 49, United States Code, is under this section. from previous year grants shall not be counted amended by adding at the end of the items relat- ‘‘(d) APPORTIONMENT.—All amounts made toward the $2,500,000 maximum aggregate ing to subchapter I the following: available to carry out this section for a fiscal amount for core deployment.’’; and year shall be apportioned to a recipient de- ‘‘31110. Authorization of appropriations.’’. (ii) in paragraph (3) by adding at the end the scribed in subsection (a)(3) according to criteria following: ‘‘Funds may also be used for plan- (c) CONFORMING AMENDMENTS.— prescribed by the Secretary. (1) ADMINISTRATIVE EXPENSES; AUTHORIZATION ning activities, including the development or up- ‘‘(e) FUNDING.—For fiscal years beginning OF APPROPRIATIONS.—Section 31104 of title 49, dating of program or top level design plans.’’; after September 30, 2016, this section shall be United States Code, is amended— and funded under section 31104.’’. (A) by striking subsection (i); and (B) in subsection (d)(4) by adding at the end (b) CLERICAL AMENDMENT.—The analysis for (B) by redesignating subsections (j) and (k) as the following: ‘‘Funds may also be used for chapter 313 of title 49, United States Code, is subsections (i) and (j), respectively. planning activities, including the development amended by striking the item relating to section (2) USE OF AMOUNTS MADE AVAILABLE UNDER or updating of program or top level design 31313 and inserting the following: SUBSECTION (i).—Section 4116(d) of SAFETEA– plans.’’. LU (49 U.S.C. 31104 note) is amended by striking ‘‘31313. Commercial driver’s license program im- (2) INNOVATIVE TECHNOLOGY DEPLOYMENT ‘‘section 31104(i)’’ and inserting ‘‘section 31110’’. plementation financial assistance PROGRAM.—For fiscal year 2016, the commercial (3) INTERNATIONAL COOPERATION.—Section program.’’. vehicle information systems and networks de- 31161 of title 49, United States Code, is amended SEC. 5105. EXTENSION OF FEDERAL MOTOR CAR- ployment program under section 4126 of by striking ‘‘section 31104(i)’’ and inserting RIER SAFETY PROGRAMS FOR FIS- SAFETEA–LU (119 Stat. 1738; Public Law 109– ‘‘section 31110’’. CAL YEAR 2016. 59) may also be referred to as the innovative (4) SAFETEA–LU; OUTREACH AND EDU- (a) MOTOR CARRIER SAFETY ASSISTANCE PRO- technology deployment program. CATION.—Section 4127 of SAFETEA–LU (119 GRAM GRANT EXTENSION.—Section 31104(a) of SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE Stat. 1741; Public Law 109–59), and the item re- title 49, United States Code, is amended by strik- PROGRAM ALLOCATION. lating to that section in the table of contents ing paragraphs (10) and (11) and inserting the (a) WORKING GROUP.— contained in section 1(b) of that Act, are re- following: (1) ESTABLISHMENT.—Not later than 180 days pealed. ‘‘(10) $218,000,000 for fiscal year 2015; and after the date of enactment of this Act, the Sec- ‘‘(11) $218,000,000 for fiscal year 2016.’’. retary shall establish a motor carrier safety as- SEC. 5104. COMMERCIAL DRIVER’S LICENSE PRO- (b) EXTENSION OF GRANT PROGRAMS.—Section GRAM IMPLEMENTATION. sistance program formula working group (in this 4101(c) of SAFETEA–LU (119 Stat. 1715; Public (a) IN GENERAL.—Section 31313 of title 49, section referred to as the ‘‘working group’’). Law 109–59) is amended to read as follows: United States Code, is amended to read as fol- (2) MEMBERSHIP.— ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (A) IN GENERAL.—Subject to subparagraph lows: The following sums are authorized to be appro- (B), the working group shall consist of rep- ‘‘§ 31313. Commercial driver’s license program priated from the Highway Trust Fund (other resentatives of the following: implementation financial assistance pro- than the Mass Transit Account): (i) The Federal Motor Carrier Safety Adminis- gram ‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM tration. ‘‘(a) FINANCIAL ASSISTANCE PROGRAM.— IMPROVEMENT GRANTS.—For carrying out the (ii) The lead State commercial motor vehicle ‘‘(1) IN GENERAL.—The Secretary of Transpor- commercial driver’s license program improve- safety agencies responsible for administering the tation shall administer a financial assistance ment grants program under section 31313 of title plan required by section 31102 of title 49, United program for commercial driver’s license program 49, United States Code, $30,000,000 for fiscal States Code. implementation for the purposes described in year 2016. (iii) An organization representing State agen- paragraphs (2) and (3). ‘‘(2) BORDER ENFORCEMENT GRANTS.—For bor- cies responsible for enforcing a program for in- ‘‘(2) STATE COMMERCIAL DRIVER’S LICENSE der enforcement grants under section 31107 of spection of commercial motor vehicles. PROGRAM IMPLEMENTATION GRANTS.—In car- that title $32,000,000 for fiscal year 2016. (iv) Such other persons as the Secretary con- rying out the program, the Secretary may make ‘‘(3) PERFORMANCE AND REGISTRATION INFOR- siders necessary. a grant to a State agency in a fiscal year— MATION SYSTEMS MANAGEMENT GRANT PRO- (B) COMPOSITION.—Representatives of State ‘‘(A) to assist the State in complying with the GRAM.—For the performance and registration commercial motor vehicle safety agencies shall requirements of section 31311; and information systems management grant program comprise at least 51 percent of the membership. ‘‘(B) in the case of a State that is making a under section 31109 of that title $5,000,000 for (3) NEW ALLOCATION FORMULA.—The working good faith effort toward substantial compliance fiscal year 2016. group shall analyze requirements and factors

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00087 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8736 CONGRESSIONAL RECORD — HOUSE December 1, 2015 for the establishment of a new allocation for- (C) new entrant audit grants awarded to the motor vehicle safety agency for fiscal years 2013, mula for the motor carrier safety assistance pro- State under section 31144(g)(5) of title 49, United 2014, and 2015 for motor carrier safety assistance gram under section 31102 of title 49, United States Code. grants established at 20 percent by section 31103 States Code. (3) IMMEDIATE RELIEF.—On the date of enact- of title 49, United States Code, as that section (4) RECOMMENDATION.—Not later than 1 year ment of this Act, and for the 3 fiscal years fol- was in effect on the day before the date of en- after the date the working group is established lowing the implementation of the new allocation actment of this Act. under paragraph (1), the working group shall formula, the Secretary shall terminate the with- (C) The Secretary shall calculate the esti- make a recommendation to the Secretary regard- holding of motor carrier safety assistance pro- mated match required under section 31104(b) of ing a new allocation formula for the motor car- gram funds from a State if the State was subject title 49, United States Code, as amended by this rier safety assistance program. to the withholding of such funds for matters of subtitle. (5) EXEMPTION.—The Federal Advisory Com- noncompliance immediately prior to the date of (D) The Secretary shall subtract the amount mittee Act (5 U.S.C. App.) shall not apply to the enactment of this Act. in subparagraph (B) from the amount in sub- working group established under this sub- (4) FUTURE WITHHOLDINGS.—Beginning on the paragraph (C) and— section. date that the new allocation formula for the (i) if the number is greater than 0, the Sec- (6) PUBLICATION.—The Administrator of the motor carrier safety assistance program is imple- retary shall subtract the number from the Federal Motor Carrier Safety Administration mented, the Secretary shall impose all future amount in subparagraph (A); or shall publish on a publicly accessible Internet withholdings in accordance with section (ii) if the number is not greater than 0, the Web site of the Federal Motor Carrier Safety 31102(k) of title 49, United States Code, as Secretary shall calculate the maintenance of ef- Administration— amended by this subtitle. fort using the methodology in subparagraph (A) detailed summaries of the meetings of the (e) TERMINATION OF WORKING GROUP.—The (A). working group; and working group established under subsection (a) (3) MAINTENANCE OF EFFORT AMOUNT.— (B) the final recommendation of the working shall terminate on the date of the implementa- (A) IN GENERAL.—The Secretary shall use the group provided to the Secretary. tion of the new allocation formula for the motor amount calculated under paragraph (2) as the (b) NOTICE OF PROPOSED RULEMAKING.—After carrier safety assistance program. baseline maintenance of effort required under receiving the recommendation of the working SEC. 5107. MAINTENANCE OF EFFORT CALCULA- section 31102(f) of title 49, United States Code, group under subsection (a)(4), the Secretary TION. as amended by this subtitle. shall publish in the Federal Register a notice (a) BEFORE NEW ALLOCATION FORMULA.— (B) DEADLINE.—If a State does not request a seeking public comment on the establishment of (1) FISCAL YEAR 2017.—If a new allocation for- waiver or modification under this subsection be- a new allocation formula for the motor carrier mula for the motor carrier safety assistance pro- fore September 30 during the first fiscal year safety assistance program. gram has not been established under this sub- that the Secretary implements a new allocation (c) BASIS FOR FORMULA.—The Secretary shall title for fiscal year 2017, the Secretary shall cal- formula for the motor carrier safety assistance ensure that the new allocation formula for the culate for fiscal year 2017 the maintenance of ef- program under this subtitle, the Secretary shall motor carrier safety assistance program is based fort baseline required under section 31102(f) of calculate the maintenance of effort using the on factors that reflect, at a minimum— title 49, United States Code, as amended by this methodology described in paragraph (2)(A). (1) the relative needs of the States to comply subtitle, by averaging the expenditures for fiscal (4) MAINTENANCE OF EFFORT DESCRIBED.—The with section 31102 of title 49, United States years 2004 and 2005 required by section maintenance of effort calculated under this sec- Code; 31102(b)(4) of title 49, United States Code, as tion is the amount required under section (2) the relative administrative capacities of that section was in effect on the day before the 31102(f) of title 49, United States Code, as and challenges faced by States in complying date of enactment of this Act. amended by this subtitle. with that section; (2) SUBSEQUENT FISCAL YEARS.—The Secretary (c) TERMINATION OF EFFECTIVENESS.—The au- (3) the average of each State’s new entrant may use the methodology for calculating the thority of the Secretary under this section shall motor carrier inventory for the 3-year period maintenance of effort baseline specified in para- terminate effective on the date that a new main- prior to the date of enactment of this Act; (4) the number of international border inspec- graph (1) for fiscal year 2018 and subsequent fis- tenance of effort baseline is calculated based on tion facilities and border crossings by commer- cal years if a new allocation formula for the a new allocation formula for the motor carrier cial vehicles in each State; and motor carrier safety assistance program has not safety assistance program implemented under (5) any other factors the Secretary considers been established for that fiscal year. section 31102 of title 49, United States Code. appropriate. (b) BEGINNING WITH NEW ALLOCATION FORMA- Subtitle B—Federal Motor Carrier Safety (d) FUNDING AMOUNTS PRIOR TO DEVELOP- TION.— Administration Reform (1) IN GENERAL.—Subject to paragraphs (2) MENT OF NEW ALLOCATION FORMULA.— PART I—REGULATORY REFORM (1) INTERIM FORMULA.—Prior to the develop- and (3)(B), beginning on the date that a new al- ment of the new allocation formula for the location formula for the motor carrier safety as- SEC. 5201. NOTICE OF CANCELLATION OF INSUR- ANCE. motor carrier safety assistance program, the Sec- sistance program is established under this sub- Section 13906(e) of title 49, United States Code, retary may calculate the interim funding title, upon the request of a State, the Secretary is amended by inserting ‘‘or suspend’’ after ‘‘re- amounts for that program in fiscal year 2017 may waive or modify the baseline maintenance voke’’. (and later fiscal years, as necessary) under sec- of effort required of the State by section 31102(f) tion 31104(a)(1) of title 49, United States Code, of title 49, United States Code, as amended by SEC. 5202. REGULATIONS. as amended by this subtitle, by using the fol- this subtitle, for the purpose of establishing a Section 31136 of title 49, United States Code, is lowing methodology: new baseline maintenance of effort if the Sec- amended— (A) The Secretary shall calculate the funding retary determines that a waiver or modifica- (1) by redesignating subsection (f) as sub- amount to a State using the allocation formula tion— section (g) and transferring such subsection to the Secretary used to award motor carrier safety (A) is equitable due to reasonable cir- appear at the end of section 31315 of such title; assistance program funding in fiscal year 2016 cumstances; and under section 31102 of title 49, United States (B) will ensure the continuation of commercial (2) by adding at the end the following: Code. motor vehicle enforcement activities in the State; ‘‘(f) REGULATORY IMPACT ANALYSIS.— (B) The Secretary shall average the funding and ‘‘(1) IN GENERAL.—Within each regulatory im- awarded or other equitable amounts to a State (C) is necessary to ensure that the total pact analysis of a proposed or final major rule in fiscal years 2013, 2014, and 2015 for— amount of State maintenance of effort and issued by the Federal Motor Carrier Safety Ad- (i) border enforcement grants under section matching expenditures required under sections ministration, the Secretary shall, whenever 31107 of title 49, United States Code; and 31102 and 31104 of title 49, United States Code, practicable— (ii) new entrant audit grants under section as amended by this subtitle, does not exceed a ‘‘(A) consider the effects of the proposed or 31144(g)(5) of that title. sum greater than the average of the total final rule on different segments of the motor (C) The Secretary shall add the amounts cal- amount of State maintenance of effort and carrier industry; and culated in subparagraphs (A) and (B). matching expenditures required under those sec- ‘‘(B) formulate estimates and findings based (2) ADJUSTMENTS.—Subject to the availability tions for the 3 fiscal years prior to the date of on the best available science. of funding and notwithstanding fluctuations in enactment of this Act. ‘‘(2) SCOPE.—To the extent feasible and appro- the data elements used by the Secretary, the ini- (2) ADJUSTMENT METHODOLOGY.—If requested priate, and consistent with law, an analysis de- tial amounts resulting from the calculation de- by a State, the Secretary may modify the main- scribed in paragraph (1) shall— scribed in paragraph (1) shall be adjusted to en- tenance of effort baseline referred to in para- ‘‘(A) use data that is representative of com- sure that, for each State, the amount shall not graph (1) for the State according to the fol- mercial motor vehicle operators or motor car- be less than 97 percent of the average amount of lowing methodology: riers, or both, that will be impacted by the pro- funding received or other equitable amounts in (A) The Secretary shall establish the mainte- posed or final rule; and fiscal years 2013, 2014, and 2015 for— nance of effort baseline for the State using the ‘‘(B) consider the effects on commercial truck (A) motor carrier safety assistance program average baseline of fiscal years 2004 and 2005, as and bus carriers of various sizes and types. funds awarded to the State under section 31102 required by section 31102(b)(4) of title 49, United ‘‘(g) PUBLIC PARTICIPATION.— of title 49, United States Code; States Code, as that section was in effect on the ‘‘(1) IN GENERAL.—If a proposed rule under (B) border enforcement grants awarded to the day before the date of enactment of this Act. this part is likely to lead to the promulgation of State under section 31107 of title 49, United (B) The Secretary shall calculate the average a major rule, the Secretary, before publishing States Code; and required match by a lead State commercial such proposed rule, shall—

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00088 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8737 ‘‘(A) issue an advance notice of proposed rule- (C) still necessary. (B) by striking the second sentence; making; or (2) NOTICE AND COMMENT.—Prior to beginning (2) by redesignating paragraphs (2) through ‘‘(B) proceed with a negotiated rulemaking. a review under paragraph (1), the Administrator (7) as paragraphs (4) through (9), respectively; ‘‘(2) REQUIREMENTS.—Each advance notice of shall publish in the Federal Register a notice and proposed rulemaking issued under paragraph (1) and request for comment that solicits input from (3) by inserting after paragraph (1) the fol- shall— stakeholders on which guidance documents lowing: ‘‘(A) identify the need for a potential regu- should be updated or eliminated. ‘‘(2) LENGTH OF EXEMPTION AND RENEWAL.— latory action; (3) REPORT.— An exemption may be granted under paragraph ‘‘(B) identify and request public comment on (A) IN GENERAL.—Not later than 60 days after (1) for no longer than 5 years and may be re- the best available science or technical informa- the date on which a review under paragraph (1) newed, upon request, for subsequent 5-year peri- tion relevant to analyzing potential regulatory is completed, the Administrator shall publish on ods if the Secretary continues to make the find- alternatives; a publicly accessible Internet Web site of the De- ing under paragraph (1). ‘‘(C) request public comment on the available partment a report detailing the review and a ‘‘(3) OPPORTUNITY FOR RESUBMISSION.—If the data and costs with respect to regulatory alter- full inventory of the guidance documents of the Secretary denies an application under para- natives reasonably likely to be considered as Administration. graph (1) and the applicant can reasonably ad- part of the rulemaking; and (B) CONTENTS.—A report under subparagraph dress the reason for the denial, the Secretary ‘‘(D) request public comment on available al- (A) shall include a summary of the response of may allow the applicant to resubmit the appli- ternatives to regulation. the Administration to comments received under cation.’’. ‘‘(3) WAIVER.—This subsection does not apply paragraph (2). (b) ADMINISTRATIVE EXEMPTIONS.— to a proposed rule if the Secretary, for good (d) GUIDANCE DOCUMENT DEFINED.—In this (1) IN GENERAL.—The Secretary shall make cause, finds (and incorporates the finding and a section, the term ‘‘guidance document’’ means a permanent the following limited exemptions: brief statement of reasons for such finding in document issued by the Federal Motor Carrier (A) Perishable construction products, as pub- the proposed or final rule) that an advance no- Safety Administration that— lished in the Federal Register on April 2, 2015 tice of proposed rulemaking is impracticable, (1) provides an interpretation of a regulation (80 Fed. Reg. 17819). unnecessary, or contrary to the public interest. of the Administration; or (B) Transport of commercial bee hives, as pub- lished in the Federal Register on June 19, 2015 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in (2) includes an enforcement policy of the Ad- subsection (f) or (g) may be construed to limit ministration available to the public. (80 Fed. Reg. 35425). (C) Safe transport of livestock, as published in the contents of an advance notice of proposed SEC. 5204. PETITIONS. the Federal Register on June 12, 2015 (80 Fed. rulemaking.’’. (a) IN GENERAL.—The Administrator of the Reg. 33584). Federal Motor Carrier Safety Administration SEC. 5203. GUIDANCE. (2) ADDITIONAL ADMINISTRATIVE EXEMP- shall— (a) IN GENERAL.— TIONS.—Any exemption from any provision of (1) publish on a publicly accessible Internet (1) DATE OF ISSUANCE AND POINT OF CON- the regulations under part 395 of title 49, Code Web site of the Department a summary of all pe- TACT.—Each guidance document issued by the of Federal Regulations, that is in effect on the titions for regulatory action submitted to the Federal Motor Carrier Safety Administration date of enactment of this Act— shall have a date of issuance or a date of revi- Administration; (A) except as otherwise provided in section sion, as applicable, and shall include the name (2) prioritize the petitions submitted based on 31315(b) of title 49, shall be valid for a period of and contact information of a point of contact at the likelihood of safety improvements resulting 5 years from the date such exemption was grant- the Administration who can respond to ques- from the regulatory action requested; ed; and tions regarding the guidance. (3) not later than 180 days after the date a (B) may be subject to renewal under section (2) PUBLIC ACCESSIBILITY.— summary of a petition is published under para- 31315(b)(2) of title 49, United States Code. (A) IN GENERAL.—Each guidance document graph (1), formally respond to such petition by indicating whether the Administrator will ac- PART II—COMPLIANCE, SAFETY, issued or revised by the Federal Motor Carrier ACCOUNTABILITY REFORM Safety Administration shall be published on a cept, deny, or further review the petition; publicly accessible Internet Web site of the De- (4) prioritize responses to petitions consistent SEC. 5221. CORRELATION STUDY. partment on the date of issuance or revision. with a petition’s potential to reduce crashes, im- (a) IN GENERAL.—The Administrator of the Federal Motor Carrier Safety Administration (B) REDACTION.—The Administrator of the prove enforcement, and reduce unnecessary bur- Federal Motor Carrier Safety Administration dens; and (referred to in this part as the ‘‘Administrator’’) may redact from a guidance document published (5) not later than 60 days after the date of re- shall commission the National Research Council under subparagraph (A) any information that ceipt of a petition, publish on a publicly acces- of the National Academies to conduct a study would reveal investigative techniques that sible Internet Web site of the Department an up- of— (1) the Compliance, Safety, Accountability would compromise Administration enforcement dated inventory of the petitions described in program of the Federal Motor Carrier Safety efforts. paragraph (1), including any applicable disposi- Administration (referred to in this part as the (3) INCORPORATION INTO REGULATIONS.—Not tion information for those petitions. ‘‘CSA program’’); and later than 5 years after the date on which a (b) TREATMENT OF MULTIPLE PETITIONS.—The (2) the Safety Measurement System utilized by guidance document is published under para- Administrator may treat multiple similar peti- the CSA program (referred to in this part as the graph (2) or during an applicable review under tions as a single petition for the purposes of sub- ‘‘SMS’’). subsection (c), whichever is earlier, the Sec- section (a). (b) SCOPE OF STUDY.—In carrying out the retary shall revise regulations to incorporate the (c) PETITION DEFINED.—In this section, the study commissioned pursuant to subsection (a), guidance document to the extent practicable. term ‘‘petition’’ means a request for— (1) a new regulation; the National Research Council— (4) REISSUANCE.—If a guidance document is (1) shall analyze— not incorporated into regulations in accordance (2) a regulatory interpretation or clarification; or (A) the accuracy with which the Behavior with paragraph (3), the Administrator shall— Analysis and Safety Improvement Categories (A) reissue an updated version of the guid- (3) a determination by the Administrator that a regulation should be modified or eliminated (referred to in this part as ‘‘BASIC’’)— ance document; and (i) identify high risk carriers; and (B) review and reissue an updated version of because it is— (A) no longer— (ii) predict or are correlated with future crash the guidance document every 5 years until the risk, crash severity, or other safety indicators date on which the guidance document is re- (i) consistent and clear; (ii) current with the operational realities of for motor carriers, including the highest risk moved or incorporated into applicable regula- carriers; tions. the motor carrier industry; or (iii) uniformly enforced; (B) the methodology used to calculate BASIC (b) INITIAL REVIEW.—Not later than 1 year percentiles and identify carriers for enforce- after the date of enactment of this Act, the Ad- (B) ineffective; or (C) overly burdensome. ment, including the weights assigned to par- ministrator shall review all guidance documents ticular violations and the tie between crash risk issued by the Federal Motor Carrier Safety Ad- SEC. 5205. INSPECTOR STANDARDS. and specific regulatory violations, with respect ministration and in effect on such date of enact- Not later than 90 days after the date of enact- to accurately identifying and predicting future ment to ensure that such documents are current, ment of this Act, the Administrator of the Fed- crash risk for motor carriers; are readily accessible to the public, and meet the eral Motor Carrier Safety Administration shall (C) the relative value of inspection informa- standards specified in subparagraphs (A), (B), revise the regulations under part 385 of title 49, tion and roadside enforcement data; and (C) of subsection (c)(1). Code of Federal Regulations, as necessary, to (D) any data collection gaps or data suffi- (c) REGULAR REVIEW.— incorporate by reference the certification stand- ciency problems that may exist and the impact (1) IN GENERAL.—Subject to paragraph (2), not ards for roadside inspectors issued by the Com- of those gaps and problems on the efficacy of less than once every 5 years, the Administrator mercial Vehicle Safety Alliance. the CSA program; shall conduct a comprehensive review of the SEC. 5206. APPLICATIONS. (E) the accuracy of safety data, including the guidance documents issued by the Federal (a) REVIEW PROCESS.—Section 31315(b) of title use of crash data from crashes in which a motor Motor Carrier Safety Administration to deter- 49, United States Code, is amended— carrier was free from fault; mine whether such documents are— (1) in paragraph (1)— (F) whether BASIC percentiles for motor car- (A) consistent and clear; (A) in the first sentence by striking ‘‘para- riers of passengers should be calculated sepa- (B) uniformly and consistently enforced; and graph (3)’’ and inserting ‘‘this subsection’’; and rately from motor carriers of freight;

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00089 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8738 CONGRESSIONAL RECORD — HOUSE December 1, 2015 (G) the differences in the rates at which safe- ministrator shall allow recognition, including CSA program may be made available to the gen- ty violations are reported to the Federal Motor credit or an improved SMS percentile, for a eral public until the Inspector General of the Carrier Safety Administration for inclusion in motor carrier that— Department certifies that— the SMS by various enforcement authorities, in- (1) installs advanced safety equipment; (1) the report required under section 5221(c) cluding States, territories, and Federal inspec- (2) uses enhanced driver fitness measures; has been submitted in accordance with that sec- tors; and (3) adopts fleet safety management tools, tech- tion; (H) how members of the public use the SMS nologies, and programs; or (2) any deficiencies identified in the report re- and what effect making the SMS information (4) satisfies other standards determined appro- quired under section 5221(c) have been ad- public has had on reducing crashes and elimi- priate by the Administrator. dressed; nating unsafe motor carriers from the industry; (b) IMPLEMENTATION.—The Administrator (3) if applicable, the corrective action plan and shall carry out subsection (a) by— under section 5221(d) has been implemented; (2) shall consider— (1) incorporating a methodology into the CSA (4) the Administrator of the Federal Motor (A) whether the SMS provides comparable pre- program; or Carrier Safety Administration has fully imple- cision and confidence, through SMS alerts and (2) establishing a safety BASIC in the SMS. mented or satisfactorily addressed the issues percentiles, for the relative crash risk of indi- (c) PROCESS.— raised in the report titled ‘‘Modifying the Com- vidual large and small motor carriers; (1) IN GENERAL.—The Administrator, after pliance, Safety, Accountability Program Would (B) whether alternatives to the SMS would providing notice and an opportunity for com- Improve the Ability to Identify High Risk Car- identify high risk carriers more accurately; and ment, shall develop a process for identifying and riers’’ of the Government Accountability Office (C) the recommendations and findings of the reviewing advanced safety equipment, enhanced and dated February 2014 (GAO–14–114); and Comptroller General of the United States and driver fitness measures, fleet safety management (5) the Secretary has initiated modification of the Inspector General of the Department, and tools, technologies, and programs, and other the CSA program in accordance with section independent review team reports, issued before standards for use by motor carriers to receive 5222. the date of enactment of this Act. recognition, including credit or an improved (b) LIMITATION ON THE USE OF CSA ANAL- (c) REPORT.—Not later than 18 months after SMS percentile, for purposes of subsection (a). YSIS.—Information regarding alerts and the rel- the date of enactment of this Act, the Adminis- (2) CONTENTS.—A process developed under ative percentile for each BASIC developed under trator shall— paragraph (1) shall— the CSA program may not be used for safety fit- (1) submit a report containing the results of (A) provide for a petition process for reviewing ness determinations until the Inspector General the study commissioned pursuant to subsection advanced safety equipment, enhanced driver fit- of the Department makes the certification under (a) to— (A) the Committee on Commerce, Science, and ness measures, fleet safety management tools, subsection (a). Transportation of the Senate; technologies, and programs, and other stand- (c) CONTINUED PUBLIC AVAILABILITY OF (B) the Committee on Transportation and In- ards; and DATA.—Notwithstanding any other provision of frastructure of the House of Representatives; (B) seek input and participation from indus- this section, inspection and violation informa- and try stakeholders, including commercial motor ve- tion submitted to the Federal Motor Carrier (C) the Inspector General of the Department; hicle drivers, technology manufacturers, vehicle Safety Administration by commercial motor ve- and manufacturers, motor carriers, law enforcement, hicle inspectors and qualified law enforcement (2) publish the report on a publicly accessible safety advocates, and the Motor Carrier Safety officials, out-of-service rates, and absolute Internet Web site of the Department. Advisory Committee. measures shall remain available to the public. (d) CORRECTIVE ACTION PLAN.— (d) QUALIFICATION.—The Administrator, after (d) EXCEPTIONS.— (1) IN GENERAL.—Not later than 120 days after providing notice and an opportunity for com- (1) IN GENERAL.—Notwithstanding any other the Administrator submits the report under sub- ment, shall develop technical or other perform- provision of this section— section (c), if that report identifies a deficiency ance standards with respect to advanced safety (A) the Federal Motor Carrier Safety Adminis- or opportunity for improvement in the CSA pro- equipment, enhanced driver fitness measures, tration and State and local commercial motor gram or in any element of the SMS, the Admin- fleet safety management tools, technologies, and vehicle enforcement agencies may use the infor- istrator shall submit to the Committee on Com- programs, and other standards for purposes of mation referred to in subsection (a) for purposes merce, Science, and Transportation of the Sen- subsection (a). of investigation and enforcement prioritization; ate and the Committee on Transportation and (e) MONITORING.—The Administrator may au- (B) a motor carrier and a commercial motor Infrastructure of the House of Representatives a thorize qualified entities to monitor motor car- vehicle driver may access information referred to corrective action plan that— riers that receive recognition, including credit or in subsection (a) that relates directly to the (A) responds to the deficiencies or opportuni- an improved SMS percentile, under this section motor carrier or driver, respectively; and ties identified by the report; through a no-cost contract structure. (C) a data analysis of motorcoach operators (B) identifies how the Federal Motor Carrier (f) DISSEMINATION OF INFORMATION.—The Ad- may be provided online with a notation indi- Safety Administration will address such defi- ministrator shall maintain on a publicly acces- cating that the ratings or alerts listed are not ciencies or opportunities; and sible Internet Web site of the Department infor- intended to imply any Federal safety rating of (C) provides an estimate of the cost, including mation on— the carrier. with respect to changes in staffing, enforcement, (1) the advanced safety equipment, enhanced (2) NOTATION.—The notation described in and data collection, necessary to address such driver fitness measures, fleet safety management paragraph (1)(C) shall include the following: deficiencies or opportunities. tools, technologies, and programs, and other ‘‘Readers should not draw conclusions about a (2) PROGRAM REFORMS.—The corrective action standards eligible for recognition, including carrier’s overall safety condition simply based plan submitted under paragraph (1) shall in- credit or an improved SMS percentile; on the data displayed in this system. Unless a clude an implementation plan that— (2) any petitions for review of advanced safety motor carrier has received an UNSATISFAC- (A) includes benchmarks; equipment, enhanced driver fitness measures, TORY safety rating under part 385 of title 49, (B) includes programmatic reforms, revisions fleet safety management tools, technologies, and Code of Federal Regulations, or has otherwise to regulations, or proposals for legislation; and programs, and other standards; and been ordered to discontinue operations by the (C) shall be considered in any rulemaking by (3) any relevant statistics relating to the use Federal Motor Carrier Safety Administration, it the Department that relates to the CSA pro- of advanced safety equipment, enhanced driver is authorized to operate on the Nation’s road- gram, including the SMS or data analysis under fitness measures, fleet safety management tools, ways.’’. the SMS. technologies, and programs, and other stand- (3) RULE OF CONSTRUCTION.—Nothing in this (e) INSPECTOR GENERAL REVIEW.—Not later than 120 days after the Administrator submits a ards. section may be construed to restrict the official corrective action plan under subsection (d), the (g) REPORT.—Not later than 3 years after the use by State enforcement agencies of the data Inspector General of the Department shall— date of enactment of this Act, the Administrator collected by State enforcement personnel. (1) review the extent to which such plan ad- shall submit to the Committee on Transportation SEC. 5224. DATA IMPROVEMENT. dresses— and Infrastructure of the House of Representa- (a) FUNCTIONAL SPECIFICATIONS.—The Admin- (A) recommendations contained in the report tives and the Committee on Commerce, Science, istrator shall develop functional specifications submitted under subsection (c); and and Transportation of the Senate a report on to ensure the consistent and accurate input of (B) relevant recommendations issued by the the— data into systems and databases relating to the Comptroller General or the Inspector General (1) number of motor carriers receiving recogni- CSA program. before the date of enactment of this Act; and tion, including credit or an improved SMS per- (b) FUNCTIONALITY.—The functional specifica- (2) submit to the Committee on Commerce, centile, under this section; and tions developed pursuant to subsection (a)— Science, and Transportation of the Senate and (2) safety performance of such carriers. (1) shall provide for the hardcoding and smart the Committee on Transportation and Infra- SEC. 5223. DATA CERTIFICATION. logic functionality for roadside inspection data structure of the House of Representatives a re- (a) IN GENERAL.—On and after the date that collection systems and databases; and port on the responsiveness of the corrective ac- is 1 day after the date of enactment of this Act, (2) shall be made available to public and pri- tion plan to the recommendations described in no information regarding analysis of violations, vate sector developers. paragraph (1). crashes in which a determination is made that (c) EFFECTIVE DATA MANAGEMENT.—The Ad- SEC. 5222. BEYOND COMPLIANCE. the motor carrier or the commercial motor vehi- ministrator shall ensure that internal systems (a) IN GENERAL.—Not later than 18 months cle driver is not at fault, alerts, or the relative and databases accept and effectively manage after the date of enactment of this Act, the Ad- percentile for each BASIC developed under the data using uniform standards.

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(d) CONSULTATION WITH THE STATES.—Before (b) CONTENTS.—The report required under (c) CONSIDERATIONS.—The working group implementing the functional specifications de- subsection (a) shall include— shall consider requiring additional data ele- veloped pursuant to subsection (a) or the stand- (1) an analysis of— ments, including— ards described in subsection (c), the Adminis- (A) alternatives for the reporting of equipment (1) the primary cause of the accident, if the trator shall seek input from the State agencies failures in real time, including an Internet Web primary cause can be determined; and responsible for enforcing section 31102 of title 49, site or telephone hotline; (2) the physical characteristics of the commer- United States Code. (B) the ability of a commercial motor vehicle cial motor vehicle and any other vehicle in- SEC. 5225. ACCIDENT REVIEW. driver or a motor carrier to provide to the Fed- volved in the accident, including— (a) IN GENERAL.—Not later than 1 year after eral Motor Carrier Safety Administration proof (A) the vehicle configuration; a certification under section 5223, the Secretary of repair of a self-reported equipment failure; (B) the gross vehicle weight, if the weight can shall task the Motor Carrier Safety Advisory (C) the ability of the Federal Motor Carrier be readily determined; Committee with reviewing the treatment of pre- Safety Administration to ensure that self-re- (C) the number of axles; and ventable crashes under the SMS. ported equipment failures proven to be repaired (D) the distance between axles, if the distance (b) DUTIES.—Not later than 6 months after are not used in the calculation of Behavior can be readily determined. being tasked under subsection (a), the Motor Analysis and Safety Improvement Category (d) REPORT.—Not later than 1 year after the Carrier Safety Advisory Committee shall make scores; date of enactment of this Act, the Secretary recommendations to the Secretary on a process (D) the ability of roadside inspectors to access shall— to allow motor carriers and drivers to request self-reported equipment failures; (1) review the findings of the working group; that the Administrator make a determination (E) the cost to establish and administer a self- (2) identify the best practices for State post- with respect to the preventability of a crash, if reporting system; accident reports that are reported to the Federal such a process has not yet been established by (F) the ability for a self-reporting system to Government, including identifying the data ele- the Secretary. track individual commercial motor vehicles ments that should be collected following a tow- (c) REPORT.—The Secretary shall— through unique identifiers; and away commercial motor vehicle accident; and (1) review and consider the recommendations (G) whether a self-reporting system would (3) recommend to the States the adoption of provided by the Motor Carrier Safety Advisory yield demonstrable safety benefits; new data elements to be collected following re- Committee; and (2) an identification of any regulatory or stat- portable commercial motor vehicle accidents. (2) report to Congress on how the Secretary utory impediments to the implementation of a (e) TERMINATION.—The working group shall intends to address the treatment of preventable self-reporting system; and terminate not more than 180 days after the date crashes. (3) recommendations on implementing a self- on which the Secretary makes recommendations (d) PREVENTABLE DEFINED.—In this section, reporting system. under subsection (d)(3). the term ‘‘preventable’’ has the meaning given SEC. 5304. NEW ENTRANT SAFETY REVIEW PRO- SEC. 5307. IMPLEMENTING SAFETY REQUIRE- that term in Appendix B of part 385 of title 49, GRAM. MENTS. Code of Federal Regulations, as in effect on the (a) IN GENERAL.—The Secretary shall conduct (a) IN GENERAL.—For each rulemaking de- date of enactment of this Act. an assessment of the new operator safety review scribed in subsection (c), not later than 30 days Subtitle C—Commercial Motor Vehicle Safety program under section 31144(g) of title 49, after the date of enactment of this Act and SEC. 5301. WINDSHIELD TECHNOLOGY. United States Code, including the program’s ef- every 180 days thereafter until the rulemaking is (a) IN GENERAL.—Not later than 180 days fectiveness in reducing crashes, fatalities, and complete, the Secretary shall submit to the Com- after the date of enactment of this Act, the Sec- injuries involving commercial motor vehicles and mittee on Transportation and Infrastructure of retary shall revise the regulations in section improving commercial motor vehicle safety. the House of Representatives and the Committee 393.60(e) of title 49, Code of Federal Regulations (b) REPORT.—Not later than 1 year after the on Commerce, Science, and Transportation of (relating to the prohibition on obstructions to date of enactment of this Act, the Secretary the Senate a written notification that includes— the driver’s field of view) to exempt from that shall publish on a publicly accessible Internet (1) for a rulemaking with a statutory dead- section the voluntary mounting on a windshield Web site of the Department and submit to the line— of vehicle safety technology likely to achieve a Committee on Commerce, Science, and Transpor- (A) an explanation of why the deadline was level of safety that is equivalent to or greater tation of the Senate and the Committee on not met; and than the level of safety that would be achieved Transportation and Infrastructure of the House (B) an expected date of completion of the rule- absent the exemption. of Representatives a report on the results of the making; and (b) VEHICLE SAFETY TECHNOLOGY DEFINED.— assessment conducted under subsection (a), in- (2) for a rulemaking without a statutory dead- In this section, the term ‘‘vehicle safety tech- cluding any recommendations for improving the line, an expected date of completion of the rule- nology’’ includes a fleet-related incident man- effectiveness of the program (including rec- making. agement system, performance or behavior man- ommendations for legislative changes). (b) ADDITIONAL CONTENTS.—A notification agement system, speed management system, lane SEC. 5305. HIGH RISK CARRIER REVIEWS. submitted under subsection (a) shall include— departure warning system, forward collision (a) IN GENERAL.—The Secretary shall ensure (1) an updated rulemaking timeline; warning or mitigation system, and active cruise that a review is completed on each motor carrier (2) a list of factors causing delays in the com- control system and any other technology that that demonstrates through performance data pletion of the rulemaking; and the Secretary considers applicable. that it poses the highest safety risk. At a min- (3) any other details associated with the sta- (c) RULE OF CONSTRUCTION.—For purposes of imum, a review shall be conducted whenever a tus of the rulemaking. this section, any windshield mounted tech- motor carrier is among the highest risk carriers (c) RULEMAKINGS.—The Secretary shall submit nology with a short term exemption under part for 4 consecutive months. a written notification under subsection (a) for 381 of title 49, Code of Federal Regulations, on (b) REPORT.—The Secretary shall post on a each of the following rulemakings: the date of enactment of this Act, shall be con- public Web site a report on the actions the Sec- (1) The rulemaking required under section sidered likely to achieve a level of safety that is retary has taken to comply with this section, in- 31306a(a)(1) of title 49, United States Code. equivalent to or greater than the level of safety cluding the number of high risk carriers identi- (2) The rulemaking required under section that would be achieved absent an exemption fied and the high risk carriers reviewed. 31137(a) of title 49, United States Code. under subsection (a). (c) CONFORMING AMENDMENT.—Section 4138 of (3) The rulemaking required under section 31305(c) of title 49, United States Code. SEC. 5302. PRIORITIZING STATUTORY SAFETEA–LU (49 U.S.C. 31144 note), and the RULEMAKINGS. item relating to that section in the table of con- (4) The rulemaking required under section The Administrator of the Federal Motor Car- tents in section 1(b) of that Act, are repealed. 31601 of division C of MAP–21 (49 U.S.C. 30111 note). rier Safety Administration shall prioritize the SEC. 5306. POST-ACCIDENT REPORT REVIEW. completion of each outstanding rulemaking re- (5) A rulemaking concerning motor carrier (a) IN GENERAL.—Not later than 120 days safety fitness determinations. quired by statute before beginning any other after the date of enactment of this Act, the Sec- rulemaking, unless the Secretary determines (6) A rulemaking concerning commercial motor retary shall convene a working group— vehicle safety required by an Act of Congress that there is a significant need for such other (1) to review the data elements of post-acci- rulemaking and notifies Congress of such deter- enacted on or after August 1, 2005, and incom- dent reports, for tow-away accidents involving plete for more than 2 years. mination. commercial motor vehicles, that are reported to SEC. 5303. SAFETY REPORTING SYSTEM. the Federal Government; and Subtitle D—Commercial Motor Vehicle (a) IN GENERAL.—Not later than 1 year after (2) to report to the Secretary its findings and Drivers the date of enactment of this Act, the Comp- any recommendations, including best practices SEC. 5401. OPPORTUNITIES FOR VETERANS. troller General of the United States shall submit for State post-accident reports to achieve the (a) STANDARDS FOR TRAINING AND TESTING OF to the Committee on Commerce, Science, and data elements described in subsection (c). VETERAN OPERATORS.—Section 31305 of title 49, Transportation of the Senate and the Committee (b) COMPOSITION.—Not less than 51 percent of United States Code, is amended by adding at the on Transportation and Infrastructure of the the working group should be composed of indi- end the following: House of Representatives a report on the cost viduals representing the States or State law en- ‘‘(d) STANDARDS FOR TRAINING AND TESTING and feasibility of establishing a self-reporting forcement officials. The remaining members of OF VETERAN OPERATORS.— system for commercial motor vehicle drivers or the working group shall represent industry, ‘‘(1) IN GENERAL.—Not later than December 31, motor carriers with respect to en route equip- labor, safety advocates, and other interested 2016, the Secretary shall modify the regulations ment failures. parties. prescribed under subsections (a) and (c) to—

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00091 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8740 CONGRESSIONAL RECORD — HOUSE December 1, 2015 ‘‘(A) exempt a covered individual from all or (2) in subsection (b)(2)— SEC. 5404. COMMERCIAL DRIVER PILOT PRO- a portion of a driving test if the covered indi- (A) in subparagraph (A) by striking ‘‘and’’ at GRAM. vidual had experience in the armed forces or re- the end; (a) IN GENERAL.—The Secretary shall estab- serve components driving vehicles similar to a (B) in subparagraph (B) by striking the period lish a pilot program under section 31315(c) of commercial motor vehicle; at the end and inserting ‘‘; and’’; and title 49, United States Code, to study the feasi- ‘‘(B) ensure that a covered individual may (C) by adding at the end the following: bility, benefits, and safety impacts of allowing a apply for an exemption under subparagraph (A) ‘‘(C) shall provide an exemption from hair covered driver to operate a commercial motor ve- during, at least, the 1-year period beginning on testing for commercial motor vehicle operators hicle in interstate commerce. the date on which such individual separates with established religious beliefs that prohibit (b) DATA COLLECTION.—The Secretary shall from service in the armed forces or reserve com- the cutting or removal of hair.’’; and collect and analyze data relating to accidents in ponents; and (3) in subsection (c)(2)— which— ‘‘(C) credit the training and knowledge a cov- (A) in the matter preceding subparagraph (A) (1) a covered driver participating in the pilot ered individual received in the armed forces or by inserting ‘‘for urine testing, and technical program is involved; and reserve components driving vehicles similar to a guidelines for hair testing,’’ before ‘‘including (2) a driver under the age of 21 operating a commercial motor vehicle for purposes of satis- mandatory guidelines’’; commercial motor vehicle in intrastate commerce (B) in subparagraph (B) by striking ‘‘and’’ at fying minimum standards for training and is involved. the end; knowledge. (c) LIMITATIONS.—A driver participating in (C) in subparagraph (C) by inserting ‘‘and’’ ‘‘(2) DEFINITIONS.—In this subsection, the fol- the pilot program may not— after the semicolon; and lowing definitions apply: (1) transport— (D) by adding at the end the following: (A) passengers; or ‘‘(A) ARMED FORCES.—The term ‘armed forces’ ‘‘(D) laboratory protocols and cut-off levels (B) hazardous cargo; or has the meaning given that term in section for hair testing to detect the use of a controlled (2) operate a vehicle in special configuration. 101(a) of title 10. substance;’’. (d) WORKING GROUP.— ‘‘(B) COVERED INDIVIDUAL.—The term ‘covered (b) GUIDELINES.—Not later than 1 year after (1) ESTABLISHMENT.—The Secretary shall con- individual’ means an individual over the age of the date of enactment of this Act, the Secretary duct, monitor, and evaluate the pilot program in 21 years who is— of Health and Human Services shall issue sci- consultation with a working group to be estab- ‘‘(i) a former member of the armed forces; or entific and technical guidelines for hair testing lished by the Secretary consisting of representa- ‘‘(ii) a former member of the reserve compo- as a method of detecting the use of a controlled tives of the armed forces, industry, drivers, safe- nents. substance for purposes of section 31306 of title ty advocacy organizations, and State licensing ‘‘(C) RESERVE COMPONENTS.—The term ‘re- 49, United States Code. and enforcement officials. serve components’ means— SEC. 5403. MEDICAL CERTIFICATION OF VET- (2) DUTIES.—The working group shall review ‘‘(i) the Army National Guard of the United ERANS FOR COMMERCIAL DRIVER’S States; LICENSES. the data collected under subsection (b) and pro- vide recommendations to the Secretary on the ‘‘(ii) the Army Reserve; (a) IN GENERAL.—In the case of a physician- ‘‘(iii) the Navy Reserve; approved veteran operator, the qualified physi- feasibility, benefits, and safety impacts of allow- ‘‘(iv) the Marine Corps Reserve; cian of such operator may, subject to the re- ing a covered driver to operate a commercial ‘‘(v) the Air National Guard of the United quirements of subsection (b), perform a medical motor vehicle in interstate commerce. States; examination and provide a medical certificate (e) REPORT.—Not later than 1 year after the ‘‘(vi) the Air Force Reserve; and for purposes of compliance with the require- date on which the pilot program is concluded, ‘‘(vii) the Coast Guard Reserve.’’. ments of section 31149 of title 49, United States the Secretary shall submit to Congress a report (b) IMPLEMENTATION OF ADMINISTRATIVE REC- Code. describing the findings of the pilot program and OMMENDATIONS.—Not later than 1 year after the (b) CERTIFICATION.—The certification de- the recommendations of the working group. date of enactment of this Act, the Secretary, in scribed under subsection (a) shall include— (f) DEFINITIONS.—In this section, the fol- consultation with the Secretary of Defense, (1) assurances that the physician performing lowing definitions apply: shall implement the recommendations contained the medical examination meets the requirements (1) ACCIDENT.—The term ‘‘accident’’ has the in the report submitted under section 32308 of of a qualified physician under this section; and meaning given that term in section 390.5 of title MAP–21 (49 U.S.C. 31301 note) that are not im- (2) certification that the physical condition of 49, Code of Federal Regulations, as in effect on plemented as a result of the amendment in sub- the operator is adequate to enable such operator the date of enactment of this Act. section (a). to operate a commercial motor vehicle safely. (2) ARMED FORCES.—The term ‘‘armed forces’’ (c) IMPLEMENTATION OF THE MILITARY COM- (c) NATIONAL REGISTRY OF MEDICAL EXAM- has the meaning given that term in section MERCIAL DRIVER’S LICENSE ACT.—Not later than INERS.—The Secretary, in consultation with the 101(a) of title 10, United States Code. December 31, 2015, the Secretary shall issue final Secretary of Veterans Affairs, shall develop a (3) COMMERCIAL MOTOR VEHICLE.—The term regulations to implement the exemption to the process for qualified physicians to perform a ‘‘commercial motor vehicle’’ has the meaning domicile requirement under section medical examination and provide a medical cer- given that term in section 31301 of title 49, 31311(a)(12)(C) of title 49, United States Code. tificate under subsection (a) and include such United States Code. (d) CONFORMING AMENDMENT.—Section physicians on the national registry of medical (4) COVERED DRIVER.—The term ‘‘covered driv- 31311(a)(12)(C)(ii) of title 49, United States Code, examiners established under section 31149(d) of er’’ means an individual who is— is amended to read as follows: title 49, United States Code. (A) between the ages of 18 and 21; ‘‘(ii) is an active duty member of— (d) DEFINITIONS.—In this section, the fol- (B) a member or former member of the— ‘‘(I) the armed forces (as that term is defined lowing definitions apply: (i) armed forces; or in section 101(a) of title 10); or (1) PHYSICIAN-APPROVED VETERAN OPER- (ii) reserve components (as defined in section ‘‘(II) the reserve components (as that term is ATOR.—The term ‘‘physician-approved veteran 31305(d)(2) of title 49, United States Code, as defined in section 31305(d)(2) of this title); and’’. operator’’ means an operator of a commercial added by this Act); and motor vehicle who— (C) qualified in a Military Occupational Spe- SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS. (A) is a veteran who is enrolled in the health cialty to operate a commercial motor vehicle or (a) IN GENERAL.—Section 31306 of title 49, care system established under section 1705(a) of similar vehicle. United States Code, is amended— title 38, United States Code; and Subtitle E—General Provisions (1) in subsection (b)(1)— (B) is required to have a current valid medical (A) by redesignating subparagraph (B) as sub- certificate pursuant to section 31149 of title 49, SEC. 5501. DELAYS IN GOODS MOVEMENT. paragraph (C); United States Code. (a) REPORT.— (B) in subparagraph (A) by striking ‘‘The reg- (2) QUALIFIED PHYSICIAN.—The term ‘‘quali- (1) IN GENERAL.—Not later than 1 year after ulations shall permit such motor carriers to con- fied physician’’ means a physician who— the date of enactment of this Act, the Inspector duct preemployment testing of such employees (A) is employed in the Department of Veterans General of the Department shall submit to the for the use of alcohol.’’; and Affairs; Committee on Transportation and Infrastruc- (C) by inserting after subparagraph (A) the (B) is familiar with the standards for, and ture of the House of Representatives and the following: physical requirements of, an operator certified Committee on Commerce, Science, and Transpor- ‘‘(B) The regulations prescribed under sub- pursuant to section 31149 of title 49, United tation of the Senate a report on the average paragraph (A) shall permit motor carriers— States Code; and length of time that operators of commercial ‘‘(i) to conduct preemployment testing of com- (C) has never, with respect to such section, motor vehicles are delayed before the loading mercial motor vehicle operators for the use of al- been found to have acted fraudulently, includ- and unloading of such vehicles and at other cohol; and ing by fraudulently awarding a medical certifi- points in the pick-up and delivery process. ‘‘(ii) to use hair testing as an acceptable alter- cate. (2) CONTENTS.—The report under paragraph native to urine testing— (3) VETERAN.—The term ‘‘veteran’’ has the (1) shall include— ‘‘(I) in conducting preemployment testing for meaning given the term in section 101 of title 38, (A) an assessment of how delays impact— the use of a controlled substance; and United States Code. (i) the economy; ‘‘(II) in conducting random testing for the use (e) STATUTORY CONSTRUCTION.—Nothing in (ii) the efficiency of the transportation system; of a controlled substance if the operator was this section shall be construed to change any (iii) motor carrier safety, including the extent subject to hair testing for preemployment test- statutory penalty associated with fraud or to which delays result in violations of motor ing.’’; abuse. carrier safety regulations; and

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00092 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8741 (iv) the livelihood of motor carrier drivers; and state transportation of household goods by SEC. 5505. NOTIFICATION REGARDING MOTOR (B) recommendations on how delays could be motor carrier. CARRIER REGISTRATION. mitigated. (b) MEMBERSHIP.—The Secretary shall ensure Not later than 30 days after the date of enact- (b) COLLECTION OF DATA.—Not later than 2 that the working group is comprised of individ- ment of this Act, the Secretary shall submit to years after the date of enactment of this Act, uals with expertise in consumer affairs, edu- the Committee on Transportation and Infra- the Secretary shall establish by regulation a cators with expertise in how people learn most structure of the House of Representatives and process to collect data on delays experienced by effectively, and representatives of the household the Committee on Commerce, Science, and operators of commercial motor vehicles before goods moving industry. Transportation of the Senate written notifica- the loading and unloading of such vehicles and (c) RECOMMENDATIONS.— tion of the actions the Secretary is taking to en- at other points in the pick-up and delivery proc- (1) CONTENTS.—The recommendations devel- sure, to the greatest extent practicable, that ess. oped by the working group shall include rec- each application for registration under section SEC. 5502. EMERGENCY ROUTE WORKING GROUP. ommendations on— 13902 of title 49, United States Code, is processed (a) IN GENERAL.— (A) condensing publication ESA 03005 of the not later than 30 days after the date on which (1) ESTABLISHMENT.—Not later than 1 year Federal Motor Carrier Safety Administration the application is received by the Secretary. after the date of enactment of this Act, the Sec- into a format that is more easily used by con- SEC. 5506. REPORT ON COMMERCIAL DRIVER’S LI- retary shall establish a working group to deter- sumers; CENSE SKILLS TEST DELAYS. mine best practices for expeditious State ap- (B) using state-of-the-art education tech- Not later than 18 months after the date of en- proval of special permits for vehicles involved in niques and technologies, including optimizing actment of this Act, and each year thereafter, emergency response and recovery. the use of the Internet as an educational tool; the Administrator of the Federal Motor Carrier (2) MEMBERS.—The working group shall in- and Safety Administration shall submit to the Com- clude representatives from— (C) reducing and simplifying the paperwork mittee on Commerce, Science, and Transpor- (A) State highway transportation departments required of motor carriers and shippers in inter- tation of the Senate and the Committee on or agencies; state transportation. Transportation and Infrastructure of the House (B) relevant modal agencies within the De- (2) DEADLINE.—Not later than 1 year after the of Representatives a report that— partment; date of enactment of this Act— (1) describes, for each State, the status of (C) emergency response or recovery experts; (A) the working group shall make the rec- skills testing for applicants for a commercial (D) relevant safety groups; and ommendations described in paragraph (1); and driver’s license, including— (E) entities affected by special permit restric- (B) the Secretary shall publish the rec- (A) the average wait time from the date an ap- tions during emergency response and recovery ommendations on a publicly accessible Internet plicant requests to take a skills test to the date efforts. Web site of the Department. the applicant has the opportunity to complete (b) CONSIDERATIONS.—In determining best (d) REPORT.—Not later than 1 year after the such test; practices under subsection (a), the working date on which the working group makes its rec- (B) the average wait time from the date an ap- group shall consider whether— ommendations under subsection (c)(2), the Sec- plicant, upon failure of a skills test, requests a (1) impediments currently exist that prevent retary shall issue a report to Congress on the retest to the date the applicant has the oppor- expeditious State approval of special permits for implementation of such recommendations. tunity to complete such retest; (C) the actual number of qualified commercial vehicles involved in emergency response and re- (e) TERMINATION.—The working group shall driver’s license examiners available to test appli- covery; terminate 1 year after the date the working cants; and (2) it is possible to pre-identify and establish group makes its recommendations under sub- (D) the number of testing sites available emergency routes between States through which section (c)(2). through the State department of motor vehicles infrastructure repair materials could be deliv- SEC. 5504. TECHNOLOGY IMPROVEMENTS. and whether this number has increased or de- ered following a natural disaster or emergency; (a) IN GENERAL.—Not later than 18 months creased from the previous year; and (3) a State could pre-designate an emergency after the date of enactment of this Act, the (2) describes specific steps that the Adminis- route identified under paragraph (2) as a cer- Comptroller General of the United States shall trator is taking to address skills testing delays tified emergency route if a motor vehicle that ex- conduct a comprehensive analysis of the infor- in States that have average skills test or retest ceeds the otherwise applicable Federal and State mation technology and data collection and man- wait times of more than 7 days from the date an truck length or width limits may safely operate agement systems of the Federal Motor Carrier applicant requests to test or retest to the date along such route during periods of declared Safety Administration. the applicant has the opportunity to complete emergency and recovery from such periods; and (b) REQUIREMENTS.—The study conducted such test or retest. (4) an online map could be created to identify under subsection (a) shall— each pre-designated emergency route under SEC. 5507. ELECTRONIC LOGGING DEVICE RE- (1) evaluate the efficacy of the existing infor- QUIREMENTS. paragraph (3), including information on specific mation technology, data collection, processing Section 31137(b) of title 49, United States limitations, obligations, and notification re- systems, data correction procedures, and data Code, is amended— quirements along that route. management systems and programs, including (1) in paragraph (1)(C) by striking ‘‘apply to’’ (c) REPORT.— their interaction with each other and their effi- and inserting ‘‘except as provided in paragraph (1) SUBMISSION.—Not later than 1 year after cacy in meeting user needs; (3), apply to’’; and the date of enactment of this Act, the working (2) identify any redundancies among the sys- (2) by adding at the end the following: group shall submit to the Secretary a report on tems, procedures, and programs described in ‘‘(3) EXCEPTION.—A motor carrier, when its findings under this section and any rec- paragraph (1); transporting a motor home or recreation vehicle ommendations for the implementation of best (3) explore the feasibility of consolidating data trailer within the definition of the term practices for expeditious State approval of spe- collection and processing systems; ‘driveaway-towaway operation’ (as defined in cial permits for vehicles involved in emergency (4) evaluate the ability of the systems, proce- section 390.5 of title 49, Code of Federal Regula- response and recovery. dures, and programs described in paragraph (1) tions), may comply with the hours of service re- (2) PUBLICATION.—Not later than 30 days to meet the needs of— quirements by requiring each driver to use— after the date the Secretary receives the report (A) the Federal Motor Carrier Safety Adminis- ‘‘(A) a paper record of duty status form; or under paragraph (1), the Secretary shall publish tration, at both the headquarters and State lev- ‘‘(B) an electronic logging device.’’. the report on a publicly accessible Internet Web els; SEC. 5508. TECHNICAL CORRECTIONS. site of the Department. (B) the State agencies that implement the (a) TITLE 49.—Title 49, United States Code, is (d) NOTIFICATION.—Not later than 6 months motor carrier safety assistance program under amended as follows: after the date the Secretary receives the report section 31102 of title 49, United States Code; and (1) Section 13902(i)(2) is amended by inserting under subsection (c)(1), the Secretary shall no- (C) other users; ‘‘except as’’ before ‘‘described’’. tify the Committee on Transportation and Infra- (5) evaluate the adaptability of the systems, (2) Section 13903(d) is amended by striking structure of the House of Representatives and procedures, and programs described in para- ‘‘(d) REGISTRATION AS MOTOR CARRIER RE- the Committee on Commerce, Science, and graph (1), in order to make necessary future QUIRED.—’’ and all that follows through ‘‘(1) IN Transportation of the Senate on the actions the changes to ensure user needs are met in an easi- GENERAL.—A freight forwarder’’ and inserting Secretary and the States have taken to imple- er, timely, and more cost-efficient manner; ‘‘(d) REGISTRATION AS MOTOR CARRIER RE- ment the recommendations included in the re- (6) investigate and make recommendations re- QUIRED.—A freight forwarder’’. port. garding— (3) Section 13905(d)(2)(D) is amended— (e) TERMINATION.—The working group shall (A) deficiencies in existing data sets impacting (A) by striking ‘‘the Secretary finds terminate 1 year after the date the Secretary re- program effectiveness; and that—’’ and all that follows through ‘‘(i) the ceives the report under subsection (c)(1). (B) methods to improve user interfaces; and motor carrier,’’ and inserting ‘‘the Secretary SEC. 5503. HOUSEHOLD GOODS CONSUMER PRO- (7) identify the appropriate role the Federal finds that the motor carrier,’’; and TECTION WORKING GROUP. Motor Carrier Safety Administration should (B) by adding a period at the end. (a) WORKING GROUP.—The Secretary shall es- take with respect to software and information (4) Section 14901(h) is amended by striking tablish a working group for the purpose of de- systems design, development, and maintenance ‘‘HOUSEHOLD GOODS’’ in the heading. veloping recommendations on how to best con- for the purpose of improving the efficacy of the (5) Section 14916 is amended by striking the vey to consumers relevant information with re- systems, procedures, and programs described in section designation and heading and inserting spect to the Federal laws concerning the inter- paragraph (1). the following:

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00093 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8742 CONGRESSIONAL RECORD — HOUSE December 1, 2015 ‘‘§ 14916. Unlawful brokerage activities’’. tries, including representatives of bus drivers; SEC. 5513. REPORT ON DESIGN AND IMPLEMEN- (b) MAP–21.—Effective as of July 6, 2012, and and TATION OF WIRELESS ROADSIDE IN- SPECTION SYSTEMS. as if included therein as enacted, MAP–21 (Pub- (B) insurers of motor carriers of passengers. (a) IN GENERAL.—Not later than 180 days lic Law 112–141) is amended as follows: (4) REPORT.—If the Secretary undertakes a after the date of enactment of this Act, the Sec- (1) Section 32108(a)(4) (126 Stat. 782) is amend- study under paragraph (1), the Secretary shall retary shall submit to the Committee on Com- ed by inserting ‘‘for’’ before ‘‘each additional submit to the Committee on Transportation and merce, Science, and Transportation of the Sen- day’’ in the matter proposed to be struck. Infrastructure of the House of Representatives (2) Section 32301(b)(3) (126 Stat. 786) is amend- and the Committee on Commerce, Science, and ate and the Committee on Transportation and ed by striking ‘‘by amending (a) to read as fol- Transportation of the Senate a report on the re- Infrastructure of the House of Representatives a lows:’’ and inserting ‘‘by striking subsection (a) sults of the study. report regarding the design, development, test- ing, and implementation of wireless roadside in- and inserting the following:’’. SEC. 5510. SAFETY STUDY REGARDING DOUBLE- (3) Section 32302(c)(2)(B) (126 Stat. 789) is DECKER MOTORCOACHES. spection systems. (b) ELEMENTS.—The report required under amended by striking ‘‘section 32303(c)(1)’’ and (a) STUDY.—The Secretary, in consultation subsection (a) shall include a determination as inserting ‘‘section 32302(c)(1)’’. with State transportation safety and law en- to whether Federal wireless roadside inspection (4) Section 32921(b) (126 Stat. 828) is amended, forcement officials, shall conduct a study re- systems— in the matter to be inserted, by striking ‘‘(A) In garding the safety operations, fire suppression (1) conflict with existing electronic screening addition’’ and inserting the following: capability, tire loads, and pavement impacts of systems, or create capabilities already available; ‘‘(A) IN GENERAL.—In addition’’. operating a double-decker motorcoach equipped (2) require additional statutory authority to (5) Section 32931(c) (126 Stat. 829) is amend- with a device designed by the motorcoach manu- ed— incorporate generated inspection data into the facturer to attach to the rear of the motorcoach safety measurement system or the safety fitness (A) by striking ‘‘Secretary’’ and inserting for use in transporting passenger baggage. ‘‘Secretary of Transportation’’ in the matter to determinations program; and (b) REPORT.—Not later than 180 days after the (3) provide appropriate restrictions to specifi- be struck; and date of enactment of this Act, the Secretary (B) by striking ‘‘Secretary’’ and inserting cally address privacy concerns of affected motor shall submit a report containing the results of carriers and operators. ‘‘Secretary of Transportation’’ in the matter to the study to— be inserted. SEC. 5514. REGULATION OF TOW TRUCK OPER- (1) the Committee on Transportation and In- ATIONS. (c) MOTOR CARRIER SAFETY IMPROVEMENT frastructure of the House of Representatives; Section 14501(c)(2)(C) of title 49, United States ACT OF 1999.—Section 229(a)(1) of the Motor and Carrier Safety Improvement Act of 1999 (49 Code, is amended by striking ‘‘the price of’’ and (2) the Committee on Commerce, Science, and all that follows through ‘‘transportation is’’ and U.S.C. 31136 note) is amended by inserting ‘‘of Transportation of the Senate. title 49, United States Code,’’ after ‘‘sections inserting ‘‘the regulation of tow truck oper- SEC. 5511. GAO REVIEW OF SCHOOL BUS SAFETY. 31136 and 31502’’. ations’’. Not later than 1 year after the date of enact- SEC. 5509. MINIMUM FINANCIAL RESPONSIBILITY. SEC. 5515. STUDY ON COMMERCIAL MOTOR VEHI- ment of this Act, the Comptroller General of the CLE DRIVER COMMUTING. (a) TRANSPORTING PROPERTY.—If the Sec- United States shall submit to the Committee on (a) EFFECTS OF COMMUTING.—The Adminis- retary proceeds with a rulemaking to determine Commerce, Science, and Transportation of the trator of the Federal Motor Carrier Safety Ad- whether to increase the minimum levels of fi- Senate and the Committee on Transportation ministration shall conduct a study on the safety nancial responsibility required under section and Infrastructure of the House of Representa- effects of motor carrier operator commutes ex- 31139 of title 49, United States Code, the Sec- tives a review of the following: ceeding 150 minutes. retary shall consider, prior to issuing a final (1) Existing Federal and State rules and guid- (b) REPORT.—Not later than 18 months after rule— ance, as of the date of the review, concerning the date of enactment of this Act, the Adminis- (1) the rulemaking’s potential impact on— school bus transportation of elementary school trator shall submit to Congress a report con- (A) the safety of motor vehicle transportation; and secondary school students engaging in taining the findings under the study. and home-to-school transport or other transport de- SEC. 5516. ADDITIONAL STATE AUTHORITY. (B) the motor carrier industry; termined by the Comptroller General to be a rou- (2) the ability of the insurance industry to Notwithstanding any other provision of law, tine part of kindergarten through grade 12 edu- provide the required amount of insurance; South Dakota shall be provided the opportunity cation, including regulations and guidance re- (3) the extent to which current minimum levels to update and revise the routes designated as garding driver training programs, capacity re- of financial responsibility adequately cover— qualifying Federal-aid Primary System high- quirements, programs for special needs students, (A) medical care; ways under section 31111(e) of title 49, United inspection standards, vehicle age requirements, (B) compensation; and States Code, as long as the update shifts routes (C) other identifiable costs; best practices, and public access to inspection to divided highways or does not increase center- (4) the frequency with which insurance claims results and crash records. line miles by more than 5 percent and is ex- exceed current minimum levels of financial re- (2) Any correlation between public or private pected to increase safety performance. sponsibility in fatal accidents; and school bus fleet operators whose vehicles are in- SEC. 5517. REPORT ON MOTOR CARRIER FINAN- (5) the impact of increased levels on motor volved in an accident as defined by section 390.5 CIAL RESPONSIBILITY. carrier safety and accident reduction. of title 49, Code of Federal Regulations, and (a) IN GENERAL.—Not later than January 1, (b) TRANSPORTING PASSENGERS.— each of the following: 2017, the Secretary shall publish on a publicly (1) IN GENERAL.—Prior to initiating a rule- (A) A failure by those same operators of State accessible Internet Web site of the Department a making to change the minimum levels of finan- or local safety inspections. report on the minimum levels of financial re- cial responsibility under section 31138 of title 49, (B) The average age or odometer readings of sponsibility required under section 31139 of title United States Code, the Secretary shall complete the school buses in the fleets of such operators. 49, United States Code. a study specific to the minimum financial re- (C) Violations of Federal laws administered by (b) CONTENTS.—The report required under sponsibility requirements for motor carriers of the Department of Transportation, or of State subsection (a) shall include, to the extent prac- passengers. law equivalents of such laws. ticable, an analysis of— (2) STUDY CONTENTS.—A study under para- (D) Violations of State or local law relating to (1) the differences between State insurance re- graph (1) shall include, to the extent prac- illegal passing of a school bus. quirements and Federal requirements; ticable— (3) A regulatory framework comparison of (2) the extent to which current minimum levels (A) a review of accidents, injuries, and fatali- public and private school bus operations. of financial responsibility adequately cover— ties in the over-the-road bus and school bus in- (4) Expert recommendations on best practices (A) medical care; dustries; for safe and reliable school bus transportation, (B) compensation; and (B) a review of insurance held by over-the- including driver training programs, inspection (C) other identifiable costs; and road bus and public and private school bus com- standards, school bus age and odometer reading (3) the frequency with which insurance claims panies, including companies of various sizes, maximums for retirement, the percentage of exceed the current minimum levels of financial and an analysis of whether such insurance is buses in a local bus fleet needed as spare buses, responsibility. adequate to cover claims; and capacity levels per school bus for different SEC. 5518. COVERED FARM VEHICLES. (C) an analysis of whether and how insurance age groups. Section 32934(b)(1) of MAP–21 (49 U.S.C. 31136 affects the behavior and safety record of motor SEC. 5512. ACCESS TO NATIONAL DRIVER REG- note) is amended by striking ‘‘from’’ and all carriers of passengers, including with respect to ISTER. that follows through the period at end and in- crash reduction; and Section 30305(b) of title 49, United States serting the following: ‘‘from— (D) an analysis of the anticipated impacts of Code, is amended by adding at the end the fol- ‘‘(A) a requirement described in subsection (a) an increase in financial responsibility on insur- lowing: or a compatible State requirement; or ance premiums for passenger carriers and serv- ‘‘(13) The Administrator of the Federal Motor ‘‘(B) any other minimum standard provided ice availability. Carrier Safety Administration may request the by a State relating to the operation of that vehi- (3) CONSULTATION.—In conducting a study chief driver licensing official of a State to pro- cle.’’. under paragraph (1), the Secretary shall consult vide information under subsection (a) of this SEC. 5519. OPERATORS OF HI-RAIL VEHICLES. with— section about an individual in connection with (a) IN GENERAL.—In the case of a commercial (A) representatives of the over-the-road bus a safety investigation under the Administrator’s motor vehicle driver subject to the hours of serv- and private school bus transportation indus- jurisdiction.’’. ice requirements in part 395 of title 49, Code of

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00094 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8743 Federal Regulations, who is driving a hi-rail ve- ‘‘(iv) the total time for the preceding driving tain and display a Department of Transpor- hicle, the maximum on duty time under section week the driver is used for the first time or tation number, established under chapters 139 395.3 of such title for such driver shall not in- intermittently. and 311 of title 49, United States Code. clude time in transportation to or from a duty ‘‘(2) DEFINITION.—In this section, the term (2) Any requirement relating to driver quali- assignment if such time in transportation— ‘driver of a ready mixed concrete delivery vehi- fications established under chapter 311 of title (1) does not exceed 2 hours per calendar day cle’ means a driver of a vehicle designed to de- 49, United States Code. or a total of 30 hours per calendar month; and liver ready mixed concrete on a daily basis and (3) Any requirement relating to driving of (2) is fully and accurately accounted for in is equipped with a mechanism under which the commercial motor vehicles established under records to be maintained by the motor carrier vehicle’s propulsion engine provides the power chapter 311 of title 49, United States Code. and such records are made available upon re- to operate a mixer drum to agitate and mix the (4) Any requirement relating to parts and ac- quest of the Federal Motor Carrier Safety Ad- product en route to the delivery site.’’. cessories and inspection, repair, and mainte- ministration or the Federal Railroad Adminis- SEC. 5522. TRANSPORTATION OF CONSTRUCTION nance of commercial motor vehicles established tration. MATERIALS AND EQUIPMENT. under chapter 311 of title 49, United States (b) HI-RAIL VEHICLE DEFINED.—In this sec- Section 229(e)(4) of the Motor Carrier Safety Code. tion, the term ‘‘hi-rail vehicle’’ means an inter- Improvement Act of 1999 (49 U.S.C. 31136 note) (5) Any requirement relating to hours of serv- nal rail flaw detection vehicle equipped with is amended— ice of drivers, including maximum driving and flange hi-rails. (1) by striking ‘‘50 air mile radius’’ and insert- on duty time, established under chapter 315 of SEC. 5520. AUTOMOBILE TRANSPORTER. ing ‘‘75 air mile radius’’; and title 49, United States Code. (a) AUTOMOBILE TRANSPORTER DEFINED.— (2) by striking ‘‘the driver.’’ and inserting SEC. 5525. REPORT. Section 31111(a)(1) of title 49, United States ‘‘the driver, except that a State, upon notice to (a) IN GENERAL.—Not later than 4 years after Code, is amended— the Secretary, may establish a different air mile the date of enactment of this Act, the Secretary (1) by striking ‘‘specifically’’; and radius limitation for purposes of this paragraph shall submit to the Committee on Commerce, (2) by adding at the end the following: ‘‘An if such limitation is between 50 and 75 air miles Science, and Transportation of the Senate and automobile transporter shall not be prohibited and applies only to movements that take place the Committee on Transportation and Infra- from the transport of cargo or general freight on entirely within the State.’’. structure of the House of Representatives a re- a backhaul, so long as it complies with weight SEC. 5523. COMMERCIAL DELIVERY OF LIGHT- port describing the safety and enforcement im- limitations for a truck tractor and semitrailer AND MEDIUM-DUTY TRAILERS. pacts of sections 5520, 5521, 5522, 5523, 5524, and combination.’’. (a) DEFINITIONS.—Section 31111(a) of title 49, 7208 of this Act. (b) TRUCK TRACTOR DEFINED.—Section United States Code, is amended by adding at the (b) CONSULTATION.—In preparing the report 31111(a)(3)(B) of title 49, United States Code, is end the following: required under subsection (a), the Secretary amended— ‘‘(6) TRAILER TRANSPORTER TOWING UNIT.— shall consult with States, State law enforcement (1) by striking ‘‘only’’; and The term ‘trailer transporter towing unit’ means agencies, entities impacted by the sections de- (2) by inserting before the period at the end a power unit that is not used to carry property scribed in subsection (a), and other entities the the following: ‘‘or any other commodity, includ- when operating in a towaway trailer trans- Secretary considers appropriate. ing cargo or general freight on a backhaul’’. porter combination. TITLE VI—INNOVATION ACKHAUL EFINED (c) B D .—Section 31111(a) of ‘‘(7) TOWAWAY TRAILER TRANSPORTER COM- SEC. 6001. SHORT TITLE. title 49, United States Code, is amended by add- BINATION.—The term ‘towaway trailer trans- This title may be cited as the ‘‘Transportation ing at the end the following: porter combination’ means a combination of ve- for Tomorrow Act of 2015’’. ‘‘(5) BACKHAUL.—The term ‘backhaul’ means hicles consisting of a trailer transporter towing SEC. 6002. AUTHORIZATION OF APPROPRIATIONS. the return trip of a vehicle transporting cargo or unit and 2 trailers or semitrailers— (a) IN GENERAL.—The following amounts are general freight, especially when carrying goods ‘‘(A) with a total weight that does not exceed authorized to be appropriated out of the High- back over all or part of the same route.’’. 26,000 pounds; and way Trust Fund (other than the Mass Transit (d) STINGER-STEERED AUTOMOBILE TRANS- ‘‘(B) in which the trailers or semitrailers carry Account): PORTERS.—Section 31111(b)(1) of title 49, United no property and constitute inventory property (1) HIGHWAY RESEARCH AND DEVELOPMENT States Code, is amended— of a manufacturer, distributor, or dealer of such PROGRAM.—To carry out section 503(b) of title (1) in subparagraph (E) by striking ‘‘or’’ at trailers or semitrailers.’’. 23, United States Code, $125,000,000 for each of the end; (b) GENERAL LIMITATIONS.—Section 31111(b)(1) fiscal years 2016 through 2020. (2) in subparagraph (F) by striking the period of such title is amended by adding at the end (2) TECHNOLOGY AND INNOVATION DEPLOYMENT at the end and inserting a semicolon; and the following: PROGRAM.—To carry out section 503(c) of title (3) by adding at the end the following: ‘‘(H) has the effect of imposing an overall 23, United States Code— ‘‘(G) imposes a vehicle length limitation of less length limitation of less than 82 feet on a than 80 feet on a stinger-steered automobile (A) $67,000,000 for fiscal year 2016; towaway trailer transporter combination.’’. (B) $67,500,000 for fiscal year 2017; transporter with a front overhang of less than 4 (c) CONFORMING AMENDMENTS.— (C) $67,500,000 for fiscal year 2018; feet and a rear overhang of less than 6 feet; or’’. (1) PROPERTY-CARRYING UNIT LIMITATION.— (D) $67,500,000 for fiscal year 2019; and SEC. 5521. READY MIX CONCRETE DELIVERY VEHI- Section 31112(a)(1) of such title is amended by (E) $67,500,000 for fiscal year 2020. CLES. inserting before the period at the end the fol- (3) TRAINING AND EDUCATION.—To carry out Section 31502 of title 49, United States Code, is lowing: ‘‘, but not including a trailer or a section 504 of title 23, United States Code, amended by adding at the end the following: semitrailer transported as part of a towaway $24,000,000 for each of fiscal years 2016 through ‘‘(f) READY MIXED CONCRETE DELIVERY VEHI- trailer transporter combination (as defined in 2020. CLES.— section 31111(a))’’. (4) INTELLIGENT TRANSPORTATION SYSTEMS ‘‘(1) IN GENERAL.—Notwithstanding any other (2) ACCESS TO INTERSTATE SYSTEM.—Section PROGRAM.—To carry out sections 512 through provision of law, regulations issued under this 31114(a)(2) of such title is amended by inserting 518 of title 23, United States Code, $100,000,000 section or section 31136 (including section ‘‘any towaway trailer transporter combination for each of fiscal years 2016 through 2020. 395.1(e)(1)(ii) of title 49, Code of Federal Regula- (as defined in section 31111(a)),’’ after ‘‘pas- (5) UNIVERSITY TRANSPORTATION CENTERS PRO- tions) regarding reporting, recordkeeping, or sengers,’’. GRAM.—To carry out section 5505 of title 49, documentation of duty status shall not apply to SEC. 5524. EXEMPTIONS FROM REQUIREMENTS United States Code— any driver of a ready mixed concrete delivery FOR CERTAIN WELDING TRUCKS (A) $72,500,000 for fiscal year 2016; vehicle if— USED IN PIPELINE INDUSTRY. (B) $75,000,000 for fiscal year 2017; ‘‘(A) the driver operates within a 100 air-mile (a) COVERED MOTOR VEHICLE DEFINED.—In (C) $75,000,000 for fiscal year 2018; radius of the normal work reporting location; this section, the term ‘‘covered motor vehicle’’ (D) $77,500,000 for fiscal year 2019; and ‘‘(B) the driver returns to the work reporting means a motor vehicle that— (E) $77,500,000 for fiscal year 2020. location and is released from work within 14 (1) is traveling in the State in which the vehi- (6) BUREAU OF TRANSPORTATION STATISTICS.— consecutive hours; cle is registered or another State; To carry out chapter 63 of title 49, United States ‘‘(C) the driver has at least 10 consecutive (2) is owned by a welder; Code, $26,000,000 for each of fiscal years 2016 hours off duty following each 14 hours on duty; (3) is a pick-up style truck; through 2020. ‘‘(D) the driver does not exceed 11 hours max- (4) is equipped with a welding rig that is used (b) ADMINISTRATION.—The Federal Highway imum driving time following 10 consecutive in the construction or maintenance of pipelines; Administration shall— hours off duty; and and (1) administer the programs described in para- ‘‘(E) the motor carrier that employs the driver (5) has a gross vehicle weight and combina- graphs (1), (2), and (3) of subsection (a); and maintains and retains for a period of 6 months tion weight rating and weight of 15,000 pounds (2) in consultation with relevant modal ad- accurate and true time records that show— or less. ministrations, administer the programs described ‘‘(i) the time the driver reports for duty each (b) FEDERAL REQUIREMENTS.—A covered in subsection (a)(4). day; motor vehicle, including the individual oper- (c) APPLICABILITY OF TITLE 23, UNITED ‘‘(ii) the total number of hours the driver is on ating such vehicle and the employer of such in- STATES CODE.—Funds authorized to be appro- duty each day; dividual, shall be exempt from the following: priated by subsection (a) shall— ‘‘(iii) the time the driver is released from duty (1) Any requirement relating to registration as (1) be available for obligation in the same each day; and a motor carrier, including the requirement to ob- manner as if those funds were apportioned

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under chapter 1 of title 23, United States Code, ‘‘(I) PLAN.—A plan to deploy and provide for ‘‘(III) the effectiveness of providing real-time except that the Federal share of the cost of a the long-term operation and maintenance of ad- integrated traffic, transit, and multimodal project or activity carried out using those funds vanced transportation and congestion manage- transportation information to the public to make shall be 80 percent, unless otherwise expressly ment technologies to improve safety, efficiency, informed travel decisions; and provided by this Act (including the amendments system performance, and return on investment. ‘‘(IV) lessons learned and recommendations by this Act) or otherwise determined by the Sec- ‘‘(II) OBJECTIVES.—Quantifiable system per- for future deployment strategies to optimize retary; and formance improvements, such as— transportation efficiency and multimodal system (2) remain available until expended and not ‘‘(aa) reducing traffic-related crashes, conges- performance. be transferable, except as otherwise provided in tion, and costs; ‘‘(G) REPORT.—Not later than 3 years after this Act. ‘‘(bb) optimizing system efficiency; and the date that the first grant is awarded under SEC. 6003. TECHNOLOGY AND INNOVATION DE- ‘‘(cc) improving access to transportation serv- this paragraph, and each year thereafter, the PLOYMENT PROGRAM. ices. Secretary shall make available to the public on Section 503(c)(3) of title 23, United States ‘‘(III) RESULTS.—Quantifiable safety, mobil- an Internet website a report that describes the Code, is amended— ity, and environmental benefit projections such effectiveness of grant recipients in meeting their (1) in subparagraph (C) by striking ‘‘2013 as data-driven estimates of how the project will projected deployment plans, including data pro- through 2014’’ and inserting ‘‘2016 through improve the region’s transportation system effi- vided under subparagraph (F) on how the pro- 2020’’; and ciency and reduce traffic congestion. gram has— (2) by adding at the end the following: ‘‘(IV) PARTNERSHIPS.—A plan for partnering ‘‘(i) reduced traffic-related fatalities and inju- ‘‘(D) PUBLICATION.— with the private sector or public agencies, in- ries; ‘‘(i) IN GENERAL.—Not less frequently than an- cluding multimodal and multijurisdictional enti- ‘‘(ii) reduced traffic congestion and improved nually, the Secretary shall issue and make ties, research institutions, organizations rep- travel time reliability; available to the public on an Internet website a resenting transportation and technology lead- ‘‘(iii) reduced transportation-related emis- report on the cost and benefits from deployment ers, or other transportation stakeholders. sions; of new technology and innovations that sub- ‘‘(V) LEVERAGING.—A plan to leverage and op- ‘‘(iv) optimized multimodal system perform- stantially and directly resulted from the pro- timize existing local and regional advanced ance; gram established under this paragraph. transportation technology investments. ‘‘(v) improved access to transportation alter- ‘‘(ii) INCLUSIONS.—The report under clause (i) ‘‘(D) GRANT SELECTION.— natives; may include an analysis of— ‘‘(i) GRANT AWARDS.—Not later than 1 year ‘‘(vi) provided the public with access to real- ‘‘(I) Federal, State, and local cost savings; after the date of enactment of this paragraph, time integrated traffic, transit, and multimodal ‘‘(II) project delivery time improvements; and for every fiscal year thereafter, the Sec- transportation information to make informed ‘‘(III) reduced fatalities; and retary shall award grants to not less than 5 and travel decisions; ‘‘(IV) congestion impacts.’’. not more than 10 eligible entities. ‘‘(vii) provided cost savings to transportation SEC. 6004. ADVANCED TRANSPORTATION AND ‘‘(ii) GEOGRAPHIC DIVERSITY.—In awarding a agencies, businesses, and the traveling public; CONGESTION MANAGEMENT TECH- grant under this paragraph, the Secretary shall or NOLOGIES DEPLOYMENT. ensure, to the extent practicable, that grant re- ‘‘(viii) provided other benefits to transpor- Section 503(c) of title 23, United States Code, cipients represent diverse geographic areas of tation users and the general public. is amended by adding at the end the following: the United States, including urban and rural ‘‘(H) ADDITIONAL GRANTS.—The Secretary ‘‘(4) ADVANCED TRANSPORTATION TECH- areas. may cease to provide additional grant funds to NOLOGIES DEPLOYMENT.— ECHNOLOGY DIVERSITY a recipient of a grant under this paragraph if— ‘‘(A) IN GENERAL.—Not later than 6 months ‘‘(iii) T .—In awarding a ‘‘(i) the Secretary determines from such recipi- after the date of enactment of this paragraph, grant under this paragraph, the Secretary shall ent’s report that the recipient is not carrying the Secretary shall establish an advanced trans- ensure, to the extent practicable, that grant re- out the requirements of the grant; and portation and congestion management tech- cipients represent diverse technology solutions. ‘‘(ii) the Secretary provides written notice 60 nologies deployment initiative to provide grants ‘‘(E) USE OF GRANT FUNDS.—A grant recipient days prior to withholding funds to the Commit- to eligible entities to develop model deployment may use funds awarded under this paragraph to tees on Transportation and Infrastructure and sites for large scale installation and operation of deploy advanced transportation and congestion Science, Space, and Technology of the House of advanced transportation technologies to im- management technologies, including— Representatives and the Committees on Environ- prove safety, efficiency, system performance, ‘‘(i) advanced traveler information systems; ‘‘(ii) advanced transportation management ment and Public Works and Commerce, Science, and infrastructure return on investment. technologies; and Transportation of the Senate. ‘‘(B) CRITERIA.—The Secretary shall develop ‘‘(I) FUNDING.— criteria for selection of an eligible entity to re- ‘‘(iii) infrastructure maintenance, monitoring, ‘‘(i) IN GENERAL.—From funds made available ceive a grant under this paragraph, including and condition assessment; to carry out subsection (b), this subsection, and how the deployment of technology will— ‘‘(iv) advanced public transportation systems; ‘‘(i) reduce costs and improve return on in- ‘‘(v) transportation system performance data sections 512 through 518, the Secretary shall set vestments, including through the enhanced use collection, analysis, and dissemination systems; aside for grants awarded under subparagraph of existing transportation capacity; ‘‘(vi) advanced safety systems, including vehi- (D) $60,000,000 for each of fiscal years 2016 ‘‘(ii) deliver environmental benefits that al- cle-to-vehicle and vehicle-to-infrastructure com- through 2020. leviate congestion and streamline traffic flow; munications, technologies associated with au- ‘‘(ii) EXPENSES FOR THE SECRETARY.—Of the ‘‘(iii) measure and improve the operational tonomous vehicles, and other collision avoid- amounts set aside under clause (i), the Secretary performance of the applicable transportation ance technologies, including systems using cel- may set aside $2,000,000 each fiscal year for pro- network; lular technology; gram reporting, evaluation, and administrative ‘‘(iv) reduce the number and severity of traffic ‘‘(vii) integration of intelligent transportation costs related to this paragraph. crashes and increase driver, passenger, and pe- systems with the Smart Grid and other energy ‘‘(J) FEDERAL SHARE.—The Federal share of destrian safety; distribution and charging systems; the cost of a project for which a grant is award- ‘‘(v) collect, disseminate, and use real-time ‘‘(viii) electronic pricing and payment sys- ed under this subsection shall not exceed 50 per- traffic, transit, parking, and other transpor- tems; or cent of the cost of the project. tation-related information to improve mobility, ‘‘(ix) advanced mobility and access tech- ‘‘(K) GRANT LIMITATION.—The Secretary may reduce congestion, and provide for more effi- nologies, such as dynamic ridesharing and in- not award more than 20 percent of the amount cient and accessible transportation; formation systems to support human services for described under subparagraph (I) in a fiscal ‘‘(vi) monitor transportation assets to improve elderly and disabled individuals. year to a single grant recipient. infrastructure management, reduce maintenance ‘‘(F) REPORT TO SECRETARY.—For each eligi- ‘‘(L) EXPENSES FOR GRANT RECIPIENTS.—A costs, prioritize investment decisions, and ensure ble entity that receives a grant under this para- grant recipient under this paragraph may use a state of good repair; graph, not later than 1 year after the entity re- not more than 5 percent of the funds awarded ‘‘(vii) deliver economic benefits by reducing ceives the grant, and each year thereafter, the each fiscal year to carry out planning and re- delays, improving system performance, and pro- entity shall submit a report to the Secretary that porting requirements. viding for the efficient and reliable movement of describes— ‘‘(M) GRANT FLEXIBILITY.— goods and services; or ‘‘(i) deployment and operational costs of the ‘‘(i) IN GENERAL.—If, by August 1 of each fis- ‘‘(viii) accelerate the deployment of vehicle-to- project compared to the benefits and savings the cal year, the Secretary determines that there are vehicle, vehicle-to-infrastructure, autonomous project provides; and not enough grant applications that meet the re- vehicles, and other technologies. ‘‘(ii) how the project has met the original ex- quirements described in subparagraph (C) to ‘‘(C) APPLICATIONS.— pectations projected in the deployment plan sub- carry out this section for a fiscal year, the Sec- ‘‘(i) REQUEST.—Not later than 6 months after mitted with the application, such as— retary shall transfer to the programs specified in the date of enactment of this paragraph, and for ‘‘(I) data on how the project has helped re- clause (ii)— every fiscal year thereafter, the Secretary shall duce traffic crashes, congestion, costs, and other ‘‘(I) any of the funds reserved for the fiscal request applications in accordance with clause benefits of the deployed systems; year under subparagraph (I) that the Secretary (ii). ‘‘(II) data on the effect of measuring and im- has not yet awarded under this paragraph; and ‘‘(ii) CONTENTS.—An application submitted proving transportation system performance ‘‘(II) an amount of obligation limitation equal under this subparagraph shall include the fol- through the deployment of advanced tech- to the amount of funds that the Secretary trans- lowing: nologies; fers under subclause (I).

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‘‘(ii) PROGRAMS.—The programs referred to in comprised of, and represent,’’ and inserting duct research into transportation service and in- clause (i) are— ‘‘memberships include representatives of’’. frastructure assurance and to carry out other ‘‘(I) the program under subsection (b); SEC. 6009. COMMUNICATION SYSTEMS DEPLOY- research activities of the Department of Trans- ‘‘(II) the program under this subsection; and MENT REPORT. portation; ‘‘(III) the programs under sections 512 Section 518(a) of title 23, United States Code, ‘‘(2) carry out, on a cost-shared basis, collabo- through 518. is amended in the matter preceding paragraph rative research and development to encourage ‘‘(iii) DISTRIBUTION.—Any transfer of funds (1) by striking ‘‘Not later than 3’’ and all that innovative solutions to multimodal transpor- and obligation limitation under clause (i) shall follows through ‘‘House of Representatives’’ and tation problems and stimulate the deployment of be divided among the programs referred to in inserting ‘‘Not later than July 6, 2016, the Sec- new technology with— that clause in the same proportions as the Sec- retary shall make available to the public on a ‘‘(A) non-Federal entities, including State and retary originally reserved funding from the pro- Department of Transportation website a re- local governments, foreign governments, institu- grams for the fiscal year under subparagraph port’’. tions of higher education, corporations, institu- (I). SEC. 6010. INFRASTRUCTURE DEVELOPMENT. tions, partnerships, sole proprietorships, and ‘‘(N) DEFINITIONS.—In this paragraph, the (a) IN GENERAL.—Chapter 5 of title 23, United trade associations that are incorporated or es- following definitions apply: States Code, is amended by adding at the end tablished under the laws of any State; ‘‘(i) ELIGIBLE ENTITY.—The term ‘eligible enti- the following: ‘‘(B) Federal laboratories; and ty’ means a State or local government, a transit ‘‘(C) other Federal agencies; and agency, metropolitan planning organization ‘‘§ 519. Infrastructure development ‘‘(3) directly initiate contracts, grants, cooper- representing a population of over 200,000, or ‘‘Funds made available to carry out this chap- ative research and development agreements (as other political subdivision of a State or local ter for operational tests of intelligent transpor- defined in section 12(d) of the Stevenson-Wydler government or a multijurisdictional group or a tation systems— Technology Innovation Act of 1980 (15 U.S.C. consortia of research institutions or academic ‘‘(1) shall be used primarily for the develop- 3710a(d))), and other agreements to fund, and institutions. ment of intelligent transportation system infra- accept funds from, the Transportation Research ‘‘(ii) ADVANCED AND CONGESTION MANAGEMENT structure, equipment, and systems; and Board of the National Academies, State depart- TRANSPORTATION TECHNOLOGIES.—The term ‘ad- ‘‘(2) to the maximum extent practicable, shall ments of transportation, cities, counties, institu- vanced transportation and congestion manage- not be used for the construction of physical sur- tions of higher education, associations, and the ment technologies’ means technologies that im- face transportation infrastructure unless the agents of those entities to carry out joint trans- prove the efficiency, safety, or state of good re- construction is incidental and critically nec- portation research and technology efforts. pair of surface transportation systems, includ- essary to the implementation of an intelligent ‘‘(f) FEDERAL SHARE.— ing intelligent transportation systems. transportation system project.’’. ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(iii) MULTIJURISDICTIONAL GROUP.—The term (b) TECHNICAL AND CONFORMING AMEND- the Federal share of the cost of an activity car- ‘multijurisdictional group’ means a any com- MENTS.— ried out under subsection (e)(3) shall not exceed bination of State governments, local govern- (1) CLERICAL AMENDMENT.—The analysis for 50 percent. ments, metropolitan planning agencies, transit chapter 5 of title 23, United States Code, is ‘‘(2) EXCEPTION.—If the Secretary determines agencies, or other political subdivisions of a amended by adding at the end the following: that the activity is of substantial public interest State for which each member of the group— ‘‘519. Infrastructure development.’’. or benefit, the Secretary may approve a greater ‘‘(I) has signed a written agreement to imple- (2) TECHNICAL AMENDMENT.—The item relating Federal share. ment the advanced transportation technologies to section 512 in the analysis for chapter 5 of ‘‘(3) NON-FEDERAL SHARE.—All costs directly deployment initiative across jurisdictional title 23, United States Code, is amended to read incurred by the non-Federal partners, including boundaries; and as follows: personnel, travel, facility, and hardware devel- ‘‘(II) is an eligible entity under this para- ‘‘512. National ITS program plan.’’. opment costs, shall be credited toward the non- graph.’’. SEC. 6011. DEPARTMENTAL RESEARCH PRO- Federal share of the cost of an activity described SEC. 6005. INTELLIGENT TRANSPORTATION SYS- GRAMS. in subsection (e)(3). TEM GOALS. (a) ASSISTANT SECRETARY FOR RESEARCH AND ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.— Section 514(a) of title 23, United States Code, TECHNOLOGY.—Section 102(e)(1) of title 49, For each of fiscal years 2016 through 2020, the is amended— United States Code, is amended— Secretary is authorized to expend not more than (1) in paragraph (4) by striking ‘‘and’’ at the (1) in the matter preceding subparagraph (A) 1 1⁄2 percent of the amounts authorized to be ap- end; by striking ‘‘5’’ and inserting ‘‘6’’; and propriated for the coordination, evaluation, and (2) in paragraph (5) by striking the period at (2) in subparagraph (A) by inserting ‘‘an As- oversight of the programs administered by the the end and inserting ‘‘; and’’; and sistant Secretary for Research and Tech- Office of the Assistant Secretary for Research (3) by adding at the end the following: nology,’’ after ‘‘Governmental Affairs,’’. and Technology. ‘‘(6) enhancement of the national freight sys- (b) RESEARCH ACTIVITIES.—Section 330 of title ‘‘(h) USE OF TECHNOLOGY.—The research, de- tem and support to national freight policy 49, United States Code, is amended— velopment, or use of a technology under a con- goals.’’. (1) in the section heading by striking ‘‘con- tract, grant, cooperative research and develop- SEC. 6006. INTELLIGENT TRANSPORTATION SYS- tracts’’ and inserting ‘‘activities’’; ment agreement, or other agreement entered into TEM PURPOSES. (2) in subsection (a) by striking ‘‘The Sec- under this section, including the terms under Section 514(b) of title 23, United States Code, retary of’’ and inserting ‘‘IN GENERAL.—The which the technology may be licensed and the is amended— Secretary of’’; resulting royalties may be distributed, shall be (1) in paragraph (8) by striking ‘‘and’’ at the (3) in subsection (b) by striking ‘‘In carrying’’ subject to the Stevenson-Wydler Technology In- end; and inserting ‘‘RESPONSIBILITIES.—In car- novation Act of 1980 (15 U.S.C. 3701 et seq.). (2) in paragraph (9) by striking the period at rying’’; ‘‘(i) WAIVER OF ADVERTISING REQUIRE- the end and inserting ‘‘; and’’; and (4) in subsection (c) by striking ‘‘The Sec- MENTS.—Section 6101 of title 41 shall not apply (3) by adding at the end the following: retary’’ and inserting ‘‘PUBLICATIONS.—The to a contract, grant, or other agreement entered ‘‘(10) to assist in the development of cyberse- Secretary’’; and into under this section.’’. curity research in cooperation with relevant (5) by adding at the end the following: (c) CLERICAL AMENDMENT.—The item relating modal administrations of the Department of ‘‘(d) DUTIES.—The Secretary shall provide for to section 330 in the analysis of chapter 3 of title Transportation and other Federal agencies to the following: 49, United States Code, is amended to read as help prevent hacking, spoofing, and disruption ‘‘(1) Coordination, facilitation, and review of follows: of connected and automated transportation ve- Department of Transportation research and de- ‘‘330. Research activities.’’. hicles.’’. velopment programs and activities. (d) TECHNICAL AND CONFORMING AMEND- SEC. 6007. INTELLIGENT TRANSPORTATION SYS- ‘‘(2) Advancement, and research and develop- MENTS.— TEM PROGRAM REPORT. ment, of innovative technologies, including in- (1) TITLE 5 AMENDMENTS.— Section 515(h)(4) of title 23, United States telligent transportation systems. (A) POSITIONS AT LEVEL II.—Section 5313 of Code, is amended in the matter preceding sub- ‘‘(3) Comprehensive transportation statistics title 5, United States Code, is amended by strik- paragraph (A)— research, analysis, and reporting. ing ‘‘The Under Secretary of Transportation for (1) by striking ‘‘February 1 of each year after ‘‘(4) Education and training in transportation Security.’’. the date of enactment of the Transportation Re- and transportation-related fields. (B) POSITIONS AT LEVEL IV.—Section 5315 of search and Innovative Technology Act of 2012’’ ‘‘(5) Activities of the Volpe National Trans- title 5, United States Code, is amended in the and inserting ‘‘May 1 of each year’’; and portation Systems Center. undesignated item relating to Assistant Secre- (2) by striking ‘‘submit to Congress’’ and in- ‘‘(6) Coordination in support of multimodal taries of Transportation by striking ‘‘(4)’’ and serting ‘‘make available to the public on a De- and multidisciplinary research activities. inserting ‘‘(5)’’. partment of Transportation website’’. ‘‘(e) ADDITIONAL AUTHORITIES.—The Sec- (C) POSITIONS AT LEVEL V.—Section 5316 of SEC. 6008. INTELLIGENT TRANSPORTATION SYS- retary may— title 5, United States Code, is amended by strik- TEM NATIONAL ARCHITECTURE AND ‘‘(1) enter into grants and cooperative agree- ing ‘‘Associate Deputy Secretary, Department of STANDARDS. ments with Federal agencies, State and local Transportation.’’. Section 517(a)(3) of title 23, United States government agencies, other public entities, pri- (2) BUREAU OF TRANSPORTATION STATISTICS.— Code, is amended by striking ‘‘memberships are vate organizations, and other persons to con- Section 6302 of title 49, United States Code, is

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RESEARCH AND INNOVATIVE TECH- leaders. vide to each applicant, upon request, any mate- NOLOGY ADMINISTRATION. ‘‘(b) COMPETITIVE SELECTION PROCESS.— rials, including copies of reviews (with any in- ‘‘(1) APPLICATIONS.—To receive a grant under (a) REPEAL.—Section 112 of title 49, United formation that would identify a reviewer re- States Code, is repealed. this section, a consortium of nonprofit institu- dacted), used in the evaluation process of the tions of higher education shall submit to the (b) CLERICAL AMENDMENT.—The analysis for proposal of the applicant. chapter 1 of title 49, United States Code, is Secretary an application that is in such form ‘‘(B) REPORTS.—The Secretary shall submit to amended by striking the item relating to section and contains such information as the Secretary the Committees on Transportation and Infra- 112. may require. structure and Science, Space, and Technology ‘‘(2) RESTRICTION.— of the House of Representatives and the Com- SEC. 6013. WEB-BASED TRAINING FOR EMER- ‘‘(A) LIMITATION.—A lead institution of a con- GENCY RESPONDERS. mittee on Environment and Public Works of the sortium of nonprofit institutions of higher edu- Senate a report describing the overall review Section 5115(a) of title 49, United States Code, cation, as applicable, may only receive 1 grant process under paragraph (4) that includes— is amended in the first sentence by inserting ‘‘, per fiscal year for each of the transportation ‘‘(i) specific criteria of evaluation used in the including online curriculum as appropriate,’’ centers described under paragraphs (2), (3), and review; after ‘‘a current curriculum of courses’’. (4) of subsection (c). ‘‘(ii) descriptions of the review process; and SEC. 6014. HAZARDOUS MATERIALS RESEARCH ‘‘(B) EXCEPTION FOR CONSORTIUM MEMBERS ‘‘(iii) explanations of the selected awards. AND DEVELOPMENT. THAT ARE NOT LEAD INSTITUTIONS.—Subpara- ‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary Section 5118 of title 49, United States Code, is graph (A) shall not apply to a nonprofit institu- shall, to the maximum extent practicable, con- amended— tion of higher education that is a member of a sult external stakeholders, including the Trans- (1) in subsection (a)(2)— consortium of nonprofit institutions of higher portation Research Board of the National Re- (A) in subparagraph (A) by striking ‘‘and’’ at education but not the lead institution of such search Council of the National Academies, to the end; consortium. evaluate and competitively review all proposals. (B) in subparagraph (B) by striking the period ‘‘(3) COORDINATION.—The Secretary shall so- ‘‘(c) GRANTS.— at the end and inserting ‘‘; and’’; and licit grant applications for national transpor- ‘‘(1) IN GENERAL.—Not later than 1 year after (C) by adding at the end the following: tation centers, regional transportation centers, the date of enactment of this section, the Sec- ‘‘(C) coordinate, as appropriate, with other and Tier 1 university transportation centers retary shall select grant recipients under sub- Federal agencies.’’; and with identical advertisement schedules and section (b) and make grant amounts available to (2) by adding at the end the following: deadlines. the selected recipients. ‘‘(c) COOPERATIVE RESEARCH.— ‘‘(4) GENERAL SELECTION CRITERIA.— ‘‘(2) NATIONAL TRANSPORTATION CENTERS.— ‘‘(1) IN GENERAL.—As part of the program es- ‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(A) IN GENERAL.—Subject to subparagraph tablished under subsection (a), the Secretary vided by this section, the Secretary shall award (B), the Secretary shall provide grants to 5 con- may carry out cooperative research on haz- grants under this section in nonexclusive can- sortia that the Secretary determines best meet ardous materials transport. didate topic areas established by the Secretary the criteria described in subsection (b)(4). ‘‘(2) NATIONAL ACADEMIES.—The Secretary that address the research priorities identified in ‘‘(B) RESTRICTIONS.— may enter into an agreement with the National chapter 65. ‘‘(i) IN GENERAL.—For each fiscal year, a Academies to support research described in ‘‘(B) CRITERIA.—The Secretary, in consulta- grant made available under this paragraph paragraph (1). tion with the Assistant Secretary for Research shall be not greater than $4,000,000 and not less ‘‘(3) RESEARCH.—Research conducted under and Technology and the Administrator of the than $2,000,000 per recipient. this subsection may include activities relating Federal Highway Administration and other ‘‘(ii) FOCUSED RESEARCH.—A consortium re- to— modal administrations as appropriate, shall se- ceiving a grant under this paragraph shall focus ‘‘(A) emergency planning and response, in- lect each recipient of a grant under this section research on 1 of the transportation issue areas cluding information and programs that can be through a competitive process based on the as- specified in section 6503(c). readily assessed and implemented in local juris- sessment of the Secretary relating to— ‘‘(C) MATCHING REQUIREMENT.— dictions; ‘‘(i) the demonstrated ability of the recipient ‘‘(i) IN GENERAL.—As a condition of receiving ‘‘(B) risk analysis and perception and data to address each specific topic area described in a grant under this paragraph, a grant recipient assessment; the research and strategic plans of the recipient; shall match 100 percent of the amounts made ‘‘(C) commodity flow data, including vol- ‘‘(ii) the demonstrated research, technology available under the grant. ‘‘(ii) SOURCES.—The matching amounts re- untary collaboration between shippers and first transfer, and education resources available to ferred to in clause (i) may include amounts responders for secure data exchange of critical the recipient to carry out this section; ‘‘(iii) the ability of the recipient to provide made available to the recipient under— information; leadership in solving immediate and long-range ‘‘(I) section 504(b) of title 23; or ‘‘(D) integration of safety and security; national and regional transportation problems; ‘‘(II) section 505 of title 23. ‘‘(E) cargo packaging and handling; ‘‘(iv) the ability of the recipient to carry out ‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION ‘‘(F) hazmat release consequences; and research, education, and technology transfer ac- CENTERS.— ‘‘(G) materials and equipment testing.’’. tivities that are multimodal and multidisci- ‘‘(A) LOCATION OF REGIONAL CENTERS.—One SEC. 6015. OFFICE OF INTERMODALISM. plinary in scope; regional university transportation center shall (a) REPEAL.—Section 5503 of title 49, United ‘‘(v) the demonstrated commitment of the re- be located in each of the 10 Federal regions that States Code, is repealed. cipient to carry out transportation workforce comprise the Standard Federal Regions estab- (b) CLERICAL AMENDMENT.—The analysis for development programs through— lished by the Office of Management and Budget chapter 55 of title 49, United States Code, is ‘‘(I) degree-granting programs or programs in the document entitled ‘Standard Federal Re- amended by striking the item relating to section that provide other industry-recognized creden- gions’ and dated April 1974 (circular A–105). 5503. tials; and ‘‘(B) SELECTION CRITERIA.—In conducting a SEC. 6016. UNIVERSITY TRANSPORTATION CEN- ‘‘(II) outreach activities to attract new en- competition under subsection (b), the Secretary TERS. trants into the transportation field, including shall provide grants to 10 consortia on the basis Section 5505 of title 49, United States Code, is women and underrepresented populations; of— amended to read as follows: ‘‘(vi) the demonstrated ability of the recipient ‘‘(i) the criteria described in subsection (b)(4); to disseminate results and spur the implementa- ‘‘(ii) the location of the lead center within the ‘‘§ 5505. University transportation centers pro- tion of transportation research and education Federal region to be served; and gram programs through national or statewide con- ‘‘(iii) whether the consortium of institutions ‘‘(a) UNIVERSITY TRANSPORTATION CENTERS tinuing education programs; demonstrates that the consortium has a well-es- PROGRAM.— ‘‘(vii) the demonstrated commitment of the re- tablished, nationally recognized program in ‘‘(1) ESTABLISHMENT AND OPERATION.—The cipient to the use of peer review principles and transportation research and education, as evi- Secretary shall make grants under this section other research best practices in the selection, denced by— to eligible nonprofit institutions of higher edu- management, and dissemination of research ‘‘(I) recent expenditures by the institution in cation to establish and operate university trans- projects; highway or public transportation research; portation centers. ‘‘(viii) the strategic plan submitted by the re- ‘‘(II) a historical track record of awarding ‘‘(2) ROLE OF CENTERS.—The role of each uni- cipient describing the proposed research to be graduate degrees in professional fields closely versity transportation center referred to in para- carried out by the recipient and the performance related to highways and public transportation; graph (1) shall be— metrics to be used in assessing the performance and ‘‘(A) to advance transportation expertise and of the recipient in meeting the stated research, ‘‘(III) an experienced faculty who specialize technology in the varied disciplines that com- technology transfer, education, and outreach in professional fields closely related to highways prise the field of transportation through edu- goals; and and public transportation. cation, research, and technology transfer activi- ‘‘(ix) the ability of the recipient to implement ‘‘(C) RESTRICTIONS.—For each fiscal year, a ties; the proposed program in a cost-efficient manner, grant made available under this paragraph

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shall be not greater than $3,000,000 and not less ‘‘(d) INDEPENDENCE OF BUREAU.— ‘‘(E) the Marine Transportation System Na- than $1,500,000 per recipient. ‘‘(1) IN GENERAL.—The Director shall not be tional Advisory Council; ‘‘(D) MATCHING REQUIREMENTS.— required— ‘‘(F) the Army Corps of Engineers; ‘‘(i) IN GENERAL.—As a condition of receiving ‘‘(A) to obtain the approval of any other offi- ‘‘(G) the Saint Lawrence Seaway Development a grant under this paragraph, a grant recipient cer or employee of the Department with respect Corporation; shall match 100 percent of the amounts made to the collection or analysis of any information; ‘‘(H) the Bureau of Labor Statistics; available under the grant. or ‘‘(I) the Maritime Advisory Committee for Oc- ‘‘(ii) SOURCES.—The matching amounts re- ‘‘(B) prior to publication, to obtain the ap- cupational Safety and Health; ferred to in clause (i) may include amounts proval of any other officer or employee of the ‘‘(J) the Advisory Committee on Supply Chain made available to the recipient under— United States Government with respect to the Competitiveness; ‘‘(I) section 504(b) of title 23; or substance of any statistical technical reports or ‘‘(K) 1 representative from the rail industry; ‘‘(II) section 505 of title 23. ‘‘(L) 1 representative from the trucking indus- ‘‘(E) FOCUSED RESEARCH.—The Secretary shall press releases lawfully prepared by the Director. make a grant to 1 of the 10 regional university ‘‘(2) BUDGET AUTHORITY.—The Director shall try; transportation centers established under this have a significant role in the disposition and al- ‘‘(M) 1 representative from the maritime ship- paragraph for the purpose of furthering the ob- location of the authorized budget of the Bureau, ping industry; jectives described in subsection (a)(2) in the field including— ‘‘(N) 1 representative from a labor organiza- of comprehensive transportation safety, conges- ‘‘(A) all hiring, grants, cooperative agree- tion for each industry described in subpara- tion, connected vehicles, connected infrastruc- ments, and contracts awarded by the Bureau to graphs (K) through (M); ture, and autonomous vehicles. carry out this section; and ‘‘(O) 1 representative from the International ‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CEN- ‘‘(B) the disposition and allocation of Longshoremen’s Association; TERS.— amounts paid to the Bureau for cost-reimburs- ‘‘(P) 1 representative from the International ‘‘(A) IN GENERAL.—The Secretary shall pro- able projects. Longshore and Warehouse Union; vide grants of not greater than $2,000,000 and ‘‘(3) EXCEPTIONS.—The Secretary shall direct ‘‘(Q) 1 representative from a port authority; not less than $1,000,000 to not more than 20 re- external support functions, such as the coordi- ‘‘(R) 1 representative from a terminal oper- cipients to carry out this paragraph. nation of activities involving multiple modal ad- ator; ‘‘(B) MATCHING REQUIREMENT.— ministrations. ‘‘(S) representatives of the National Freight ‘‘(i) IN GENERAL.—As a condition of receiving ‘‘(4) INFORMATION TECHNOLOGY.—The Depart- Advisory Committee of the Department; and a grant under this paragraph, a grant recipient ment Chief Information Officer shall consult ‘‘(T) representatives of the Transportation Re- shall match 50 percent of the amounts made with the Director to ensure decisions related to search Board of the National Academies of available under the grant. information technology guarantee the protec- Sciences, Engineering, and Medicine. ‘‘(ii) SOURCES.—The matching amounts re- tion of the confidentiality of information pro- ‘‘(3) RECOMMENDATIONS.—Not later than 1 ferred to in clause (i) may include amounts vided solely for statistical purposes, in accord- year after the date of the enactment of the made available to the recipient under— ance with the Confidential Information Protec- Transportation for Tomorrow Act of 2015, the ‘‘(I) section 504(b) of title 23; or tion and Statistical Efficiency Act of 2002 (44 working group commissioned under paragraph ‘‘(II) section 505 of title 23. U.S.C. 3501 note; Public Law 107–347).’’. (2) shall submit its recommendations to the Di- ‘‘(C) FOCUSED RESEARCH.—In awarding grants rector. under this section, consideration shall be given SEC. 6018. PORT PERFORMANCE FREIGHT STATIS- ‘‘(d) ACCESS TO DATA.—The Director shall en- to minority institutions, as defined by section TICS PROGRAM. sure that— 365 of the Higher Education Act of 1965 (20 (a) IN GENERAL.—Chapter 63 of title 49, ‘‘(1) the statistics compiled under this sec- U.S.C. 1067k), or consortia that include such in- United States Code, is amended by adding at the end the following: tion— stitutions that have demonstrated an ability in ‘‘(A) are readily accessible to the public; and ‘‘§ 6314. Port performance freight statistics transportation-related research. ‘‘(B) are consistent with applicable security ‘‘(d) PROGRAM COORDINATION.— program constraints and confidentiality interests; and ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(a) IN GENERAL.—The Director shall estab- ‘‘(A) coordinate the research, education, and ‘‘(2) the data acquired, regardless of source, lish, on behalf of the Secretary, a port perform- technology transfer activities carried out by shall be protected in accordance with the Con- ance statistics program to provide nationally grant recipients under this section; and fidential Information Protection and Statistical consistent measures of performance of, at a min- ‘‘(B) disseminate the results of that research Efficiency Act of 2002 (44 U.S.C. 3501 note; Pub- imum— through the establishment and operation of a lic Law 107–347).’’. ‘‘(1) the Nation’s top 25 ports by tonnage; publicly accessible online information clearing- (b) PROHIBITION ON CERTAIN DISCLOSURES; ‘‘(2) the Nation’s top 25 ports by 20-foot equiv- house. COPIES OF REPORTS.—Section 6307(b) of such alent unit; and ‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not title is amended, by inserting ‘‘or section less frequently than annually, and consistent ‘‘(3) the Nation’s top 25 ports by dry bulk. 6314(b)’’ after ‘‘section 6302(b)(3)(B)’’ each place with the plan developed under section 6503, the ‘‘(b) REPORTS.— it appears. ‘‘(1) PORT CAPACITY AND THROUGHPUT.—Not Secretary shall— (c) CLERICAL AMENDMENT.—The table of sec- ‘‘(A) review and evaluate the programs car- later than January 15 of each year, the Director tions for chapter 63 of such title is amended by ried out under this section by grant recipients; shall submit an annual report to Congress that adding at the end the following: and includes statistics on capacity and throughput at the ports described in subsection (a). ‘‘6314. Port performance freight statistics pro- ‘‘(B) submit to the Committees on Transpor- gram.’’. tation and Infrastructure and Science, Space, ‘‘(2) PORT PERFORMANCE MEASURES.—The Di- and Technology of the House of Representatives rector shall collect port performance measures SEC. 6019. RESEARCH PLANNING. and the Committees on Environment and Public for each of the United States ports referred to in (a) FINDINGS.—Congress finds that— Works and Commerce, Science, and Transpor- subsection (a) that— (1) Federal transportation research plan- tation of the Senate a report describing that re- ‘‘(A) receives Federal assistance; or ning— view and evaluation. ‘‘(B) is subject to Federal regulation to submit (A) should be coordinated by the Office of the ‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.— necessary information to the Bureau that in- Secretary; and For each of fiscal years 2016 through 2020, the cludes statistics on capacity and throughput as (B) should be, to the extent practicable, Secretary shall expend not more than 1 and a applicable to the specific configuration of the multimodal and not occur solely within the sub- half percent of the amounts made available to port. agencies of the Department; the Secretary to carry out this section for any ‘‘(c) RECOMMENDATIONS.— (2) managing a multimodal research portfolio coordination, evaluation, and oversight activi- ‘‘(1) IN GENERAL.—The Director shall obtain within the Office of the Secretary will— ties of the Secretary under this section. recommendations for— (A) help identify opportunities in which re- ‘‘(e) LIMITATION ON AVAILABILITY OF ‘‘(A) port performance measures, including search could be applied across modes; and AMOUNTS.—Amounts made available to the Sec- specifications and data measurements to be used (B) prevent duplication of efforts and waste of retary to carry out this section shall remain in the program established under subsection (a); limited Federal resources; available for obligation by the Secretary for a and (3) the Assistant Secretary for Research and period of 3 years after the last day of the fiscal ‘‘(B) a process for the Department to collect Technology at the Department of Transpor- year for which the amounts are authorized. timely and consistent data, including identi- tation will— ‘‘(f) INFORMATION COLLECTION.—Any survey, fying safeguards to protect proprietary informa- (A) give stakeholders a formal opportunity to questionnaire, or interview that the Secretary tion described in subsection (b)(2). address concerns; determines to be necessary to carry out report- ‘‘(2) WORKING GROUP.—Not later than 60 days (B) ensure unbiased research; and ing requirements relating to any program assess- after the date of the enactment of the Transpor- (C) improve the overall research products of ment or evaluation activity under this section, tation for Tomorrow Act of 2015, the Director the Department; and including customer satisfaction assessments, shall commission a working group composed of— (4) increasing transparency of transportation shall not be subject to chapter 35 of title 44.’’. ‘‘(A) operating administrations of the Depart- research and development efforts will— SEC. 6017. BUREAU OF TRANSPORTATION STATIS- ment; (A) build stakeholder confidence in the final TICS. ‘‘(B) the Coast Guard; product; and Section 6302 of title 49, United States Code, is ‘‘(C) the Federal Maritime Commission; (B) lead to the improved implementation of re- amended by adding at the end the following: ‘‘(D) U.S. Customs and Border Protection; search findings.

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(b) RESEARCH PLANNING.— ‘‘(2) CONTENTS.—The database published ‘‘(B) applied science and research; (1) IN GENERAL.—Subtitle III of title 49, United under paragraph (1) shall, to the extent prac- ‘‘(C) technology development research; and States Code, is amended by inserting after chap- ticable— ‘‘(D) social science research; and ter 63 the following: ‘‘(A) include the consolidated modal research ‘‘(3) for each research and development activ- ‘‘CHAPTER 65—RESEARCH PLANNING plans approved under section 6501(b)(1)(B)(i); ity— ‘‘(A) identify the anticipated annual funding ‘‘Sec. ‘‘(B) describe the research objectives, progress, ‘‘6501. Annual modal research plans. findings, and allocated funds for each research levels for the period covered by the strategic ‘‘6502. Consolidated research database. project; plan; and ‘‘6503. Transportation research and development ‘‘(C) identify research projects with ‘‘(B) describe the research findings the De- 5-year strategic plan. multimodal applications; partment expects to discover at the end of the period covered by the strategic plan. ‘‘SEC. 6501. ANNUAL MODAL RESEARCH PLANS. ‘‘(D) specify how relevant modal administra- tions have assisted, will contribute to, or plan to ‘‘(d) CONSIDERATIONS.—The Secretary shall ‘‘(a) MODAL PLANS REQUIRED.— ensure that the strategic plan developed under ‘‘(1) IN GENERAL.—Not later than May 1 of use the findings from the research projects iden- this section— each year, the head of each modal administra- tified under paragraph (1); ‘‘(1) reflects input from a wide range of exter- tion and joint program office of the Department ‘‘(E) identify areas in which more than 1 nal stakeholders; of Transportation shall submit to the Assistant modal administration is conducting research on a similar subject or a subject that has a bearing ‘‘(2) includes and integrates the research and Secretary for Research and Technology of the development programs of all of the modal ad- Department of Transportation (referred to in on more than 1 mode; ‘‘(F) indicate how the findings of research are ministrations of the Department of Transpor- this chapter as the ‘Assistant Secretary’) a com- tation, including aviation, transit, rail, and prehensive annual modal research plan for the being disseminated to improve the efficiency, ef- fectiveness, and safety of transportation sys- maritime and joint programs; upcoming fiscal year and a detailed outlook for ‘‘(3) takes into account research and develop- the following fiscal year. tems; and ‘‘(G) describe the public and stakeholder input ment by other Federal, State, local, private sec- ‘‘(2) RELATIONSHIP TO STRATEGIC PLAN.—Each tor, and nonprofit institutions; plan submitted under paragraph (1), after the to the research plans submitted under section 6501(a)(1). ‘‘(4) not later than December 31, 2016, is pub- plan required in 2016, shall be consistent with lished on a public website; and the strategic plan developed under section 6503. ‘‘(b) FUNDING REPORT.—In conjunction with each of the annual budget requests submitted by ‘‘(5) takes into account how research and de- ‘‘(b) REVIEW.— velopment by other Federal, State, private sec- ‘‘(1) IN GENERAL.—Not later than September 1 the President under section 1105 of title 31, the Secretary shall annually publish on a public tor, and nonprofit institutions— of each year, the Assistant Secretary, for each ‘‘(A) contributes to the achievement of the plan and outlook submitted pursuant to sub- website and submit to the appropriate commit- tees of Congress a report that describes— purposes identified under subsection (c)(1); and section (a), shall— ‘‘(B) avoids unnecessary duplication of those ‘‘(A) review the scope of the research; and ‘‘(1) the amount spent in the last full fiscal efforts. ‘‘(B)(i) approve the plan and outlook; or year on transportation research and develop- ‘‘(e) INTERIM REPORT.—Not later than 2 1⁄2 ‘‘(ii) request that the plan and outlook be re- ment with specific descriptions of projects fund- years after the date of enactment of this chap- vised and resubmitted for approval. ed at $5,000,000 or more; and ter, the Secretary may publish on a public ‘‘(2) PUBLICATIONS.—Not later than January ‘‘(2) the amount proposed in the current budg- website an interim report that— 30 of each year, the Secretary shall publish on et for transportation research and development ‘‘(1) provides an assessment of the 5-year re- a public website each plan and outlook that has with specific descriptions of projects funded at search and development strategic plan of the been approved under paragraph (1)(B)(i). $5,000,000 or more. Department of Transportation described in this ‘‘(3) REJECTION OF DUPLICATIVE RESEARCH EF- ‘‘(c) PERFORMANCE PLANS AND REPORTS.—In section; and FORTS.—The Assistant Secretary may not ap- the plans and reports submitted under sections ‘‘(2) includes a description of the extent to prove any plan submitted by the head of a 1115 and 1116 of title 31, the Secretary shall in- which the research and development is or is not modal administration or joint program office clude— successfully meeting the purposes described pursuant to subsection (a) if any of the projects ‘‘(1) a summary of the Federal transportation under subsection (c)(1).’’. described in the plan duplicate significant as- research and development activities for the pre- (c) TECHNICAL AND CONFORMING AMEND- pects of research efforts of any other modal ad- vious fiscal year in each topic area; MENT.—The table of chapters for subtitle III of ministration. ‘‘(2) the amount spent in each topic area; title 49, United States Code, is amended by add- ‘‘(c) FUNDING LIMITATIONS.—No funds may be ‘‘(3) a description of the extent to which the ing at the end the following: expended by the Department of Transportation research and development is meeting the expec- on research that has been determined by the As- tations described in section 6503(c)(1); and ‘‘63. Bureau of Transportation Statis- sistant Secretary under subsection (b)(3) to be ‘‘(4) any amendments to the strategic plan de- tics ...... 6301 duplicative unless— veloped under section 6503. ‘‘65. Research planning ...... 6501’’. ‘‘(1) the research is required by an Act of Con- ‘‘SEC. 6503. TRANSPORTATION RESEARCH AND (d) TECHNICAL AND CONFORMING AMEND- gress; DEVELOPMENT 5-YEAR STRATEGIC MENTS.— ‘‘(2) the research was part of a contract that PLAN. (1) CHAPTER 5 OF TITLE 23.—Chapter 5 of title was funded before the date of enactment of this ‘‘(a) IN GENERAL.—The Secretary shall de- 23, United States Code, is amended— chapter; velop a 5-year transportation research and de- (A) by striking section 508; ‘‘(3) the research updates previously commis- velopment strategic plan to guide future Federal (B) in the table of contents, by striking the sioned research; or transportation research and development activi- item relating to section 508; ‘‘(4) the Assistant Secretary certifies to Con- ties. (C) in section 502— gress that such research is necessary, and pro- ‘‘(b) CONSISTENCY.—The strategic plan devel- (i) in subsection (a)(9), by striking ‘‘transpor- vides justification for such certification. oped under subsection (a) shall be consistent tation research and technology development ‘‘(d) CERTIFICATION.— with— strategic plan developed under section 508’’ and ‘‘(1) IN GENERAL.—The Secretary shall annu- ‘‘(1) section 306 of title 5; inserting ‘‘transportation research and develop- ally certify to Congress that— ‘‘(2) sections 1115 and 1116 of title 31; and ment strategic plan under section 6503 of title ‘‘(A) each modal research plan has been re- ‘‘(3) any other research and development plan 49’’; and viewed; and within the Department of Transportation. (ii) in subsection (b)(4), by striking ‘‘transpor- ‘‘(B) there is no duplication of study for re- ‘‘(c) CONTENTS.—The strategic plan developed tation research and development strategic plan search directed, commissioned, or conducted by under subsection (a) shall— of the Secretary developed under section 508’’ the Department of Transportation. ‘‘(1) describe how the plan furthers the pri- and inserting ‘‘transportation research and de- ‘‘(2) CORRECTIVE ACTION PLAN.—If the Sec- mary purposes of the transportation research velopment strategic plan under section 6503 of retary, after submitting a certification under and development program, which shall in- title 49’’; and paragraph (1), identifies duplication of research clude— (D) in section 512(b), by striking ‘‘as part of within the Department of Transportation, the ‘‘(A) improving mobility of people and goods; the transportation research and development Secretary shall— ‘‘(B) reducing congestion; strategic plan developed under section 508’’. ‘‘(A) notify Congress of the duplicative re- ‘‘(C) promoting safety; (2) INTELLIGENT TRANSPORTATION SYSTEMS.— search; and ‘‘(D) improving the durability and extending The Intelligent Transportation Systems Act of ‘‘(B) submit to Congress a corrective action the life of transportation infrastructure; 1998 (23 U.S.C. 502 note; Public Law 105–178) is plan to eliminate the duplicative research. ‘‘(E) preserving the environment; and amended— ‘‘SEC. 6502. CONSOLIDATED RESEARCH DATA- ‘‘(F) preserving the existing transportation (A) in section 5205(b), by striking ‘‘as part of BASE. system; the Surface Transportation Research and Devel- ‘‘(a) RESEARCH ABSTRACT DATABASE.— ‘‘(2) for each of the purposes referred to in opment Strategic Plan developed under section ‘‘(1) IN GENERAL.—The Secretary shall annu- paragraph (1), list the primary proposed re- 508 of title 23’’ and inserting ‘‘as part of the ally publish on a public website a comprehensive search and development activities that the De- transportation research and development stra- database of all research projects conducted by partment of Transportation intends to pursue to tegic plan under section 6503 of title 49’’; and the Department of Transportation, including, to accomplish that purpose, which may include— (B) in section 5206(e)(2)(A), by striking ‘‘or the the extent practicable, research funded through ‘‘(A) fundamental research pertaining to the Surface Transportation Research and Develop- University Transportation Centers. applied physical and natural sciences; ment Strategic Plan developed under section 508

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(h) REPORT TO SECRETARY.—Not later than 1 tion needs; (3) INTELLIGENT TRANSPORTATION SYSTEM RE- year after the date on which the first eligible (3) features that would take advantage of SEARCH.—Section 5305(h)(3)(A) of SAFETEA–LU entity receives a grant under this section, and technological capabilities to address modern (23 U.S.C. 512 note; Public Law 109–59) is each year thereafter, each recipient of a grant standards of construction, maintenance, and amended by striking ‘‘the strategic plan under under this section shall submit to the Secretary operations, for purposes of safety, and system section 508 of title 23, United States Code’’ and a report that describes— management, taking into further consideration inserting ‘‘the 5-year strategic plan under 6503 (1) how the demonstration activities carried system performance and cost; of title 49, United States Code’’. out with grant funds meet the objectives de- (4) those National Highway System routes SEC. 6020. SURFACE TRANSPORTATION SYSTEM scribed in subsection (c); and that should be added to the existing Interstate FUNDING ALTERNATIVES. (2) lessons learned for future deployment of System to more efficiently serve national traffic (a) IN GENERAL.—The Secretary shall estab- alternative revenue mechanisms that utilize a flows; and lish a program to provide grants to States to user fee structure. (5) the resources necessary to maintain and demonstrate user-based alternative revenue (i) BIENNIAL REPORTS.—Not later than 2 years improve the Interstate System, including the re- mechanisms that utilize a user fee structure to after the date of enactment of this Act, and sources required to upgrade the National High- maintain the long-term solvency of the Highway every 2 years thereafter until the completion of way System routes identified in paragraph (4) to Trust Fund. the demonstration activities under this section, Interstate standards. (b) APPLICATION.—To be eligible for a grant the Secretary shall make available to the public (e) CONSULTATION.—In carrying out the under this section, a State or group of States on an Internet website a report describing the study, the Transportation Research Board— shall submit to the Secretary an application in progress of the demonstration activities. (1) shall convene and consult with a panel of such form and containing such information as (j) FUNDING.—Of the funds authorized to national experts, including operators and users the Secretary may require. carry out section 503(b) of title 23, United States of the Interstate System and private sector (c) OBJECTIVES.—The Secretary shall ensure Code— stakeholders; and that the activities carried out using funds pro- (1) $15,000,000 shall be used to carry out this (2) is encouraged to consult with— vided under this section meet the following ob- section for fiscal year 2016; and (A) the Federal Highway Administration; jectives: (2) $20,000,000 shall be used to carry out this (B) States; (1) To test the design, acceptance, and imple- section for each of fiscal years 2017 through (C) planning agencies at the metropolitan, mentation of 2 or more future user-based alter- 2020. State, and regional levels; native revenue mechanisms. (k) GRANT FLEXIBILITY.—If, by August 1 of (D) the motor carrier industry; (2) To improve the functionality of such user- each fiscal year, the Secretary determines that (E) freight shippers; (F) highway safety groups; and based alternative revenue mechanisms. there are not enough grant applications that (G) other appropriate entities. (3) To conduct outreach to increase public meet the requirements of this section for a fiscal (f) REPORT.—Not later than 3 years after the awareness regarding the need for alternative year, Secretary shall transfer to the program date of enactment of this Act, the Transpor- funding sources for surface transportation pro- under section 503(b) of title 23, United States tation Research Board shall submit to the Sec- grams and to provide information on possible Code— retary, the Committee on Environment and Pub- approaches. (1) any of the funds reserved for the fiscal lic Works of the Senate, and the Committee on (4) To provide recommendations regarding year under subsection (j) that the Secretary has Transportation and Infrastructure of the House adoption and implementation of user-based al- not yet awarded under this section; and of Representatives a report on the results of the ternative revenue mechanisms. (2) an amount of obligation limitation equal to study conducted under this section. (5) To minimize the administrative cost of any the amount of funds that the Secretary transfers (g) FUNDING.—From amounts authorized to potential user-based alternative revenue mecha- under paragraph (1). nisms. carry out the Highway Research and Develop- SEC. 6021. FUTURE INTERSTATE STUDY. (d) USE OF FUNDS.—A State or group of States ment Program, the Secretary shall use to carry (a) FUTURE INTERSTATE SYSTEM STUDY.—Not receiving funds under this section to test the de- out this section not more than $5,000,000 for fis- later than 180 days after the date of enactment sign, acceptance, and implementation of a user- cal year 2016. of this Act, the Secretary shall enter into an based alternative revenue mechanism— SEC. 6022. HIGHWAY EFFICIENCY. agreement with the Transportation Research (1) shall address— (a) STUDY.— Board of the National Academies to conduct a (A) the implementation, interoperability, pub- (1) IN GENERAL.—The Secretary may examine lic acceptance, and other potential hurdles to study on the actions needed to upgrade and re- the impact of pavement durability and sustain- the adoption of the user-based alternative rev- store the Dwight D. Eisenhower National Sys- ability on vehicle fuel consumption, vehicle enue mechanism; tem of Interstate and Defense Highways to its wear and tear, road conditions, and road re- (B) the protection of personal privacy; role as a premier system that meets the growing pairs. (C) the use of independent and private third- and shifting demands of the 21st century. (2) METHODOLOGY.—In carrying out the party vendors to collect fees and operate the (b) METHODOLOGIES.—In conducting the study, the Secretary shall— user-based alternative revenue mechanism; study, the Transportation Research Board shall (A) conduct a thorough review of relevant (D) market-based congestion mitigation, if ap- build on the methodologies examined and rec- peer-reviewed research published during at least propriate; ommended in the report prepared for the Amer- the past 5 years; (E) equity concerns, including the impacts of ican Association of State Highway and Trans- (B) analyze impacts of different types of pave- the user-based alternative revenue mechanism portation Officials titled ‘‘National Cooperative ment on all motor vehicle types, including com- on differing income groups, various geographic Highway Research Program Project 20–24(79): mercial vehicles; areas, and the relative burdens on rural and Specifications for a National Study of the Fu- (C) specifically examine the impact of pave- urban drivers; ture 3R, 4R, and Capacity Needs of the Inter- ment deformation and deflection; and (F) ease of compliance for different users of state System’’, dated December 2013. (D) analyze impacts of different types of pave- the transportation system; and (c) CONTENTS OF STUDY.—The study— ment on road conditions and road repairs. (G) the reliability and security of technology (1) shall include specific recommendations re- (3) CONSULTATION.—In carrying out the used to implement the user-based alternative garding the features, standards, capacity needs, study, the Secretary shall consult with— revenue mechanism; and application of technologies, and intergovern- (A) modal administrations of the Department (2) may address— mental roles to upgrade the Interstate System, and other Federal agencies, including the Na- (A) the flexibility and choices of user-based including any revisions to law (including regu- tional Institute of Standards and Technology; alternative revenue mechanisms, including the lations) that the Transportation Research (B) State departments of transportation; ability of users to select from various technology Board determines appropriate; and (C) industry stakeholders; and and payment options; (2) is encouraged to build on the institutional (D) appropriate academic experts. (B) the cost of administering the user-based knowledge in the highway industry in applying (b) REPORT.— alternative revenue mechanism; and the techniques involved in implementing the (1) IN GENERAL.—Not later than 1 year after (C) the ability of the administering entity to study. the date of enactment of this Act, the Secretary audit and enforce user compliance. (d) CONSIDERATIONS.—In carrying out the shall publish on a public website a report de- (e) CONSIDERATION.—The Secretary shall con- study, the Transportation Research Board shall scribing the results of the study. sider geographic diversity in awarding grants determine the need for reconstruction and im- (2) CONTENTS.—The report shall include— under this section. provement of the Interstate System by consid- (A) a summary of the different types of pave- (f) LIMITATIONS ON REVENUE COLLECTED.— ering— ments analyzed in the study and the impacts of Any revenue collected through a user-based al- (1) future demands on transportation infra- pavement durability and sustainability on safe- ternative revenue mechanism established using structure determined for national planning pur- ty, vehicle fuel consumption, vehicle wear and funds provided under this section shall not be poses, including commercial and private traffic tear, road conditions, and road repairs; and considered a toll under section 301 of title 23, flows to serve future economic activity and (B) recommendations for State and local gov- United States Code. growth; ernments on best practice methods for improving (g) FEDERAL SHARE.—The Federal share of the (2) the expected condition of the current Inter- pavement durability and sustainability to maxi- cost of an activity carried out under this section state System over the period of 50 years begin- mize vehicle fuel economy, improve safety, ride

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00101 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8750 CONGRESSIONAL RECORD — HOUSE December 1, 2015 quality, and road conditions, and to minimize (2) to assess future planning, infrastructure, chapter (except sections 5107(e), 5108(g)(2), 5113, the need for road and vehicle repairs. and investment needs; and 5115, 5116, and 5119)— SEC. 6023. TRANSPORTATION TECHNOLOGY POL- (3) to provide best practices to plan for smart ‘‘(1) $53,000,000 for fiscal year 2016; ICY WORKING GROUP. cities in which information and technology are ‘‘(2) $55,000,000 for fiscal year 2017; To improve the scientific pursuit and research used— ‘‘(3) $57,000,000 for fiscal year 2018; procedures concerning transportation, the Sec- (A) to improve city operations; ‘‘(4) $58,000,000 for fiscal year 2019; and retary may convene an interagency working (B) to grow the local economy; ‘‘(5) $60,000,000 for fiscal year 2020. group— (C) to improve response in times of emer- ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE- (1) to identify opportunities for coordination gencies and natural disasters; and PAREDNESS FUND.—From the Hazardous Mate- between the Department and universities and (D) to improve the lives of city residents. rials Emergency Preparedness Fund established the private sector; and (b) COMPONENTS.—The study conducted under under section 5116(h), the Secretary may ex- (2) to identify and develop a plan to address subsection (a) shall— pend, for each of fiscal years 2016 through (1) identify broad issues that influence the related workforce development needs. 2020— ability of the United States to plan for and in- SEC. 6024. COLLABORATION AND SUPPORT. ‘‘(1) $21,988,000 to carry out section 5116(a); vest in smart cities, including barriers to col- The Secretary may solicit the support of, and ‘‘(2) $150,000 to carry out section 5116(e); laboration and access to scientific information; identify opportunities to collaborate with, other ‘‘(3) $625,000 to publish and distribute the and Emergency Response Guidebook under section Federal research agencies and national labora- (2) review how the expanded use of digital tories to assist in the effective and efficient pur- 5116(h)(3); and technologies, mobile devices, and information ‘‘(4) $1,000,000 to carry out section 5116(i). suit and resolution of research challenges iden- may— ‘‘(c) HAZARDOUS MATERIALS TRAINING tified by the Secretary. (A) enhance the efficiency and effectiveness of GRANTS.—From the Hazardous Materials Emer- SEC. 6025. GAO REPORT. existing transportation networks; Not later than 2 years after the date of enact- (B) optimize demand management services; gency Preparedness Fund established pursuant ment of this Act, the Comptroller General of the (C) impact low-income and other disadvan- to section 5116(h), the Secretary may expend United States shall submit to Congress a report taged communities; $4,000,000 for each of fiscal years 2016 through that— (D) assess opportunities to share, collect, and 2020 to carry out section 5107(e). (1) assesses the status of autonomous trans- use data; ‘‘(d) COMMUNITY SAFETY GRANTS.—Of the portation technology policy developed by public (E) change current planning and investment amounts made available under subsection (a) to entities in the United States; strategies; and carry out this chapter, the Secretary shall with- (2) assesses the organizational readiness of the (F) provide opportunities for enhanced coordi- hold $1,000,000 for each of fiscal years 2016 Department to address autonomous vehicle tech- nation and planning. through 2020 to carry out section 5107(i). nology challenges, including consumer privacy (c) REPORTING.—Not later than 18 months ‘‘(e) CREDITS TO APPROPRIATIONS.— protections; and after the date of enactment of this Act, the Sec- ‘‘(1) EXPENSES.—In addition to amounts oth- (3) recommends implementation paths for au- retary may publish the report containing the re- erwise made available to carry out this chapter, tonomous transportation technology, applica- sults of the study conducted under subsection the Secretary may credit amounts received from tions, and policies that are based on the assess- (a) to a public website. a State, Indian tribe, or other public authority ment described in paragraph (2). SEC. 6028. PERFORMANCE MANAGEMENT DATA or private entity for expenses the Secretary in- SEC. 6026. TRAFFIC CONGESTION. SUPPORT PROGRAM. curs in providing training to the State, Indian (a) CONGESTION RESEARCH.—The Secretary (a) PERFORMANCE MANAGEMENT DATA SUP- tribe, authority, or entity. may conduct research on the reduction of traffic PORT.—The Administrator of the Federal High- ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts congestion. way Administration shall develop, use, and made available under this section shall remain (b) CONSIDERATION.—The Secretary may— maintain data sets and data analysis tools to available until expended.’’. (1) recommend research to accelerate the assist metropolitan planning organizations, Subtitle B—Hazardous Material Safety and adoption of transportation management systems States, and the Federal Highway Administra- Improvement that allow traffic to flow in the safest and most tion in carrying out performance management SEC. 7201. NATIONAL EMERGENCY AND DISASTER efficient manner possible while alleviating cur- analyses (including the performance manage- RESPONSE. rent and future traffic congestion challenges; ment requirements under section 150 of title 23, Section 5103 of title 49, United States Code, is (2) assess and analyze traffic, transit, and United States Code). amended— freight data from various sources relevant to ef- NCLUSIONS.—The data analysis activities (b) I (1) by redesignating subsections (c) and (d) as forts to reduce traffic congestion so as to maxi- authorized under subsection (a) may include— subsections (d) and (e), respectively; and mize mobility, efficiency, and capacity while de- (1) collecting and distributing vehicle probe (2) by inserting after subsection (b) the fol- creasing congestion and travel times; data describing traffic on Federal-aid highways; lowing: (3) examine the use and integration of mul- (2) collecting household travel behavior data ‘‘(c) FEDERALLY DECLARED DISASTERS AND tiple data types from multiple sources and tech- to assess local and cross-jurisdictional travel, EMERGENCIES.— nologies, including road weather data, arterial including to accommodate external and through ‘‘(1) IN GENERAL.—The Secretary may by order and highway traffic conditions, transit vehicle travel; waive compliance with any part of an applica- arrival and departure times, real time naviga- (3) enhancing existing data collection and ble standard prescribed under this chapter with- tion routing, construction zone information, and analysis tools to accommodate performance out prior notice and comment and on terms the reports of incidents, to suggest improvements in measures, targets, and related data, so as to bet- Secretary considers appropriate if the Secretary effective communication of such data and infor- ter understand trip origin and destination, trip determines that— mation in real time; time, and mode; ‘‘(A) it is in the public interest to grant the (4) develop and disseminate suggested strate- (4) enhancing existing data analysis tools to waiver; gies and solutions to reduce congestion for high- improve performance predictions and travel ‘‘(B) the waiver is not inconsistent with the density traffic regions and to provide mobility in models in reports described in section 150(e) of safety of transporting hazardous materials; and the event of an emergency or natural disaster; title 23, United States Code; and ‘‘(C) the waiver is necessary to facilitate the and (5) developing tools— (5) collaborate with other relevant Federal (A) to improve performance analysis; and safe movement of hazardous materials into, agencies, State and local agencies, industry and (B) to evaluate the effects of project invest- from, and within an area of a major disaster or industry associations, and university research ments on performance. emergency that has been declared under the centers to fulfill goals and objectives under this (c) FUNDING.—From amounts authorized to Robert T. Stafford Disaster Relief and Emer- section. carry out the Highway Research and Develop- gency Assistance Act (42 U.S.C. 5121 et seq.). (c) IDENTIFYING INFORMATION.—The Secretary ment Program, the Administrator of the Federal ‘‘(2) PERIOD OF WAIVER.—A waiver under this shall ensure that information used pursuant to Highway Administration may use up to subsection may be issued for a period of not this section does not contain identifying infor- $10,000,000 for each of fiscal years 2016 through more than 60 days and may be renewed upon mation of any individual. 2020 to carry out this section. application to the Secretary only after notice (d) REPORT.—Not later than 1 year after the TITLE VII—HAZARDOUS MATERIALS and an opportunity for a hearing on the waiver. completion of research under this section, the TRANSPORTATION The Secretary shall immediately revoke the waiver if continuation of the waiver would not Secretary may make available on a public SEC. 7001. SHORT TITLE. be consistent with the goals and objectives of website a report on any activities under this sec- This title may be cited as the ‘‘Hazardous Ma- this chapter. tion. terials Transportation Safety Improvement Act ‘‘(3) STATEMENT OF REASONS.—The Secretary SEC. 6027. SMART CITIES TRANSPORTATION of 2015’’. shall include in any order issued under this sec- PLANNING STUDY. Subtitle A—Authorizations (a) IN GENERAL.—The Secretary may conduct tion the reasons for granting the waiver.’’. a study of digital technologies and information SEC. 7101. AUTHORIZATION OF APPROPRIATIONS. SEC. 7202. MOTOR CARRIER SAFETY PERMITS. technologies, including shared mobility, data, Section 5128 of title 49, United States Code, is Section 5109(h) of title 49, United States Code, transportation network companies, and on-de- amended to read as follows: is amended to read as follows: mand transportation services— ‘‘§ 5128. Authorization of appropriations ‘‘(h) LIMITATION ON DENIAL.—The Secretary (1) to understand the degree to which cities ‘‘(a) IN GENERAL.—There are authorized to be may not deny a non-temporary permit held by a are adopting those technologies; appropriated to the Secretary to carry out this motor carrier pursuant to this section based on

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00102 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8751 a comprehensive review of that carrier triggered division of a State or Indian tribe, or a local ju- the public an opportunity to inspect the safety by safety management system scores or out-of- risdiction), subject to approval by the Secretary, analysis and comment on the application for a service disqualification standards, unless— to provide the training if— period of not more than 15 days.’’; and ‘‘(1) the carrier has the opportunity, prior to ‘‘(i) the agreement allows the Secretary and (2) in subsection (c)— the denial of such permit, to submit a written the State or Indian tribe to conduct random ex- (A) by striking ‘‘publish’’ and inserting ‘‘make description of corrective actions taken and other aminations, inspections, and audits of the train- available to the public’’; documentation the carrier wishes the Secretary ing without prior notice; (B) by striking ‘‘in the Federal Register’’; to consider, including a corrective action plan; ‘‘(ii) the person agrees to have an auditable (C) by striking ‘‘180’’ and inserting ‘‘120’’; and and accounting system; and (D) by striking ‘‘the special permit’’ each ‘‘(2) the Secretary determines the actions or ‘‘(iii) the State or Indian tribe conducts at place it appears and inserting ‘‘a special permit plan is insufficient to address the safety con- least one on-site observation of the training or approval’’; and cerns identified during the course of the com- each year. (3) by adding at the end the following: prehensive review.’’. ‘‘(6) The Secretary shall allocate amounts ‘‘(g) DISCLOSURE OF FINAL ACTION.—The Sec- SEC. 7203. IMPROVING THE EFFECTIVENESS OF made available for grants under this subsection retary shall periodically, but at least every 120 PLANNING AND TRAINING GRANTS. among eligible States and Indian tribes based on days— (a) PLANNING AND TRAINING GRANTS.—Section the needs of the States and Indian tribes for ‘‘(1) publish in the Federal Register notice of 5116 of title 49, United States Code, is amend- emergency response planning and training. In the final disposition of each application for a ed— making a decision about those needs, the Sec- new special permit, modification to an existing (1) by redesignating subsections (c) through retary shall consider— special permit, or approval during the preceding (k) as subsections (b) through (j), respectively, ‘‘(A) the number of hazardous material facili- quarter; and (2) by striking subsection (b); and ties in the State or on land under the jurisdic- ‘‘(2) make available to the public on the De- (3) by striking subsection (a) and inserting the tion of the Indian tribe; partment of Transportation’s Internet Web site following: ‘‘(B) the types and amounts of hazardous ma- notice of the final disposition of any other spe- ‘‘(a) PLANNING AND TRAINING GRANTS.—(1) terial transported in the State or on such land; The Secretary shall make grants to States and ‘‘(C) whether the State or Indian tribe imposes cial permit during the preceding quarter.’’. Indian tribes— and collects a fee for transporting hazardous SEC. 7205. ENHANCED REPORTING. ‘‘(A) to develop, improve, and carry out emer- material; Section 5121(h) of title 49, United States Code, gency plans under the Emergency Planning and ‘‘(D) whether such fee is used only to carry is amended by striking ‘‘transmit to the Com- Community Right-To-Know Act of 1986 (42 out a purpose related to transporting hazardous mittee on Transportation and Infrastructure of U.S.C. 11001 et seq.), including ascertaining flow material; the House of Representatives and the Committee patterns of hazardous material on lands under ‘‘(E) the past record of the State or Indian on Commerce, Science, and Transportation of the jurisdiction of a State or Indian tribe, and tribe in effectively managing planning and the Senate’’ and inserting ‘‘make available to between lands under the jurisdiction of a State training grants; and the public on the Department of Transpor- or Indian tribe and lands of another State or In- ‘‘(F) any other factors the Secretary deter- tation’s Internet Web site’’. dian tribe; mines are appropriate to carry out this sub- SEC. 7206. WETLINES. ‘‘(B) to decide on the need for regional haz- section.’’. ardous material emergency response teams; and (a) WITHDRAWAL.—Not later than 30 days (b) TECHNICAL AND CONFORMING AMEND- after the date of enactment of this Act, the Sec- ‘‘(C) to train public sector employees to re- MENTS.— spond to accidents and incidents involving haz- retary shall withdraw the proposed rule de- (1) Section 5108(g) of title 49, United States scribed in the notice of proposed rulemaking ardous material. Code, is amended by striking ‘‘5116(i)’’ each ‘‘(2) To the extent that a grant is used to train issued on January 27, 2011, entitled ‘‘Safety Re- place it appears and inserting ‘‘5116(h)’’. quirements for External Product Piping on emergency responders under paragraph (1)(C), (2) Section 5116 of such title is amended— Cargo Tanks Transporting Flammable Liquids’’ the State or Indian tribe shall provide written (A) in subsection (d), as so redesignated, by (76 Fed. Reg. 4847). certification to the Secretary that the emergency striking ‘‘subsections (a)(2)(A) and (b)(2)(A)’’ (b) SAVINGS CLAUSE.—Nothing in this section responders who receive training under the grant and inserting ‘‘subsection (a)(3)(A)’’; shall prohibit the Secretary from issuing stand- will have the ability to protect nearby persons, (B) in subsection (h), as so redesignated— ards or regulations regarding the safety of ex- property, and the environment from the effects (i) in paragraph (1) by inserting ‘‘and section ternal product piping on cargo tanks trans- of accidents or incidents involving the transpor- 5107(e)’’ after ‘‘section’’; tation of hazardous material in accordance with (ii) in paragraph (2) by striking ‘‘(f)’’ and in- porting flammable liquids after the withdrawal existing regulations or National Fire Protection serting ‘‘(e)’’; and is carried out pursuant to subsection (a). Association standards for competence of re- (iii) in paragraph (4) by striking ‘‘5108(g)(2) SEC. 7207. GAO STUDY ON ACCEPTANCE OF CLAS- sponders to accidents and incidents involving and 5115’’ and inserting ‘‘5107(e) and SIFICATION EXAMINATIONS. hazardous materials. 5108(g)(2)’’; (a) IN GENERAL.—Not later than 180 days ‘‘(3) The Secretary may make a grant to a (C) in subsection (i), as so redesignated, by after the date of enactment of this Act, the State or Indian tribe under paragraph (1) of this striking ‘‘subsection (b)’’ and inserting ‘‘sub- Comptroller General of the United States shall subsection only if— section (a)’’; and evaluate and transmit to the Secretary, the ‘‘(A) the State or Indian tribe certifies that (D) in subsection (j), as so redesignated— Committee on Transportation and Infrastruc- the total amount the State or Indian tribe ex- (i) by striking ‘‘planning grants allocated ture of the House of Representatives, and the pends (except amounts of the Federal Govern- under subsection (a), training grants under sub- Committee on Commerce, Science, and Transpor- ment) for the purpose of the grant will at least section (b), and grants under subsection (j) of tation of the Senate, a report on the standards, equal the average level of expenditure for the this section and under section 5107’’ and insert- metrics, and protocols that the Secretary uses to last 5 years; and ing ‘‘planning and training grants under sub- regulate the performance of persons approved to ‘‘(B) any emergency response training pro- section (a) and grants under subsection (i) of recommend hazard classifications pursuant to vided under the grant shall consist of— this section and under subsections (e) and (i) of section 173.56(b) of title 49, Code of Federal Reg- ‘‘(i) a course developed or identified under section 5107’’; and ulations (commonly referred to as ‘‘third-party section 5115 of this title; or (ii) by redesignating subparagraphs (A) labs’’). ‘‘(ii) any other course the Secretary deter- through (D) as paragraphs (1) through (4), re- (b) EVALUATION.—The evaluation required mines is consistent with the objectives of this spectively. under subsection (a) shall— section. (c) SAVINGS CLAUSE.—Nothing in this section (1) identify what standards and protocols are ‘‘(4) A State or Indian tribe receiving a grant may be construed to prohibit the Secretary from used to approve such persons, assess the ade- under this subsection shall ensure that planning recovering and deobligating funds from grants quacy of such standards and protocols to ensure and emergency response training under the that are not managed or expended in compli- that persons seeking approval are qualified and grant is coordinated with adjacent States and ance with a grant agreement. capable of performing classifications, and make Indian tribes. recommendations to address any deficiencies ‘‘(5) A training grant under paragraph (1)(C) SEC. 7204. IMPROVING PUBLICATION OF SPECIAL identified; may be used— PERMITS AND APPROVALS. ‘‘(A) to pay— Section 5117 of title 49, United States Code, is (2) assess the adequacy of the Secretary’s ‘‘(i) the tuition costs of public sector employ- amended— oversight of persons approved to perform the ees being trained; (1) in subsection (b)— classifications, including the qualification of in- ‘‘(ii) travel expenses of those employees to and (A) by striking ‘‘an application for a special dividuals engaged in the oversight of approved from the training facility; permit’’ and inserting ‘‘an application for a new persons, and make recommendations to enhance ‘‘(iii) room and board of those employees when special permit or a modification to an existing oversight sufficiently to ensure that classifica- at the training facility; and special permit’’; and tions are issued as required; ‘‘(iv) travel expenses of individuals providing (B) by inserting after the second sentence the (3) identify what standards and protocols the training; following: ‘‘The Secretary shall make available exist to rescind, suspend, or deny approval of ‘‘(B) by the State, political subdivision, or In- to the public on the Department of Transpor- persons who perform such classifications, assess dian tribe to provide the training; and tation’s Internet Web site any special permit the adequacy of such standards and protocols, ‘‘(C) to make an agreement with a person (in- other than a new special permit or a modifica- and make recommendations to enhance such cluding an authority of a State, a political sub- tion to an existing special permit and shall give standards and protocols if necessary; and

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00103 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8752 CONGRESSIONAL RECORD — HOUSE December 1, 2015 (4) include annual data for fiscal years 2005 (iv) an emergency response point of contact road’’, ‘‘Class II railroad’’, and ‘‘Class III rail- through 2015 on the number of applications re- designated by the Class I railroad; and road’’ have the meaning given those terms in ceived for new classifications pursuant to sec- (B) to enter into a memorandum of under- section 20102 of title 49, United States Code. tion 173.56(b) of title 49, Code of Federal Regula- standing with each applicable fusion center to (3) CLASS 3 FLAMMABLE LIQUID.—The term tions, of those applications how many classifica- provide the fusion center with secure and con- ‘‘Class 3 flammable liquid’’ has the meaning tions recommended by persons approved by the fidential access to the electronic train consist in- given the term flammable liquid in section Secretary were changed to another classification formation described in subparagraph (A) for 173.120(a) of title 49, Code of Federal Regula- and the reasons for the change, and how many each train transporting hazardous materials in tions. hazardous materials incidents have been attrib- the jurisdiction of the fusion center; (4) FUSION CENTER.—The term ‘‘fusion center’’ uted to a classification recommended by such (2) require each applicable fusion center to has the meaning given the term in section approved persons in the United States. provide the electronic train consist information 210A(j) of the Homeland Security Act of 2002 (6 (c) ACTION PLAN.—Not later than 180 days described in paragraph (1)(A) to State and local U.S.C. 124h(j)). after receiving the report required under sub- first responders, emergency response officials, (5) HAZARDOUS MATERIAL.—The term ‘‘haz- section (a), the Secretary shall make available and law enforcement personnel that are in- ardous material’’ means a substance or material to the public a plan describing any actions the volved in the response to or investigation of an the Secretary designates as hazardous under Secretary will take to establish standards, accident, incident, or public health or safety section 5103 of title 49, United States Code. metrics, and protocols based on the findings and emergency involving the rail transportation of (6) HIGH-HAZARD FLAMMABLE TRAIN.—The recommendations in the report to ensure that hazardous materials and that request such elec- term ‘‘high-hazard flammable train’’ means a persons approved to perform classification ex- tronic train consist information; single train transporting 20 or more tank cars aminations required under section 173.56(b) of (3) require each Class I railroad to provide ad- loaded with a Class 3 flammable liquid in a con- title 49, Code of Federal Regulations, can suffi- vanced notification and information on high- tinuous block or a single train transporting 35 ciently perform such examinations in a manner hazard flammable trains to each State emer- or more tank cars loaded with a Class 3 flam- that meets the hazardous materials regulations. gency response commission, consistent with the mable liquid throughout the train consist. (d) REGULATIONS.—If the report required notification content requirements in Emergency (7) TRAIN CONSIST.—The term ‘‘train consist’’ under subsection (a) recommends new regula- Order Docket No. DOT–OST–2014–0067, includ- includes, with regard to a specific train, the tions in order for the Secretary to have con- ing— number of rail cars and the commodity trans- fidence in the accuracy of classification rec- (A) a reasonable estimate of the number of im- ported by each rail car. ommendations rendered by persons approved to plicated trains that are expected to travel, per (c) SAVINGS CLAUSE.—Nothing in this section perform classification examinations required week, through each county within the applica- may be construed to prohibit a Class I railroad under section 173.56(b) of title 49, Code of Fed- ble State; from voluntarily entering into a memorandum of eral Regulations, the Secretary shall consider (B) updates to such estimate prior to making understanding, as described in subsection such recommendations, and if determined ap- any material changes to any volumes or fre- (a)(1)(B), with a State emergency response com- propriate, issue regulations to address the rec- quencies of trains traveling through a county; mission or an entity representing or including ommendations not later than 18 months after (C) identification and a description of the first responders, emergency response officials, the date of the publication of the plan under Class 3 flammable liquid being transported on and law enforcement personnel. subsection (c). such trains; SEC. 7303. EMERGENCY RESPONSE. SEC. 7208. HAZARDOUS MATERIALS ENDORSE- (D) applicable emergency response informa- (a) IN GENERAL.—The Comptroller General of MENT EXEMPTION. tion, as required by regulation; the United States shall conduct a study to deter- The Secretary shall allow a State, at the dis- (E) identification of the routes over which mine whether limitations or weaknesses exist in cretion of the State, to waive the requirement such liquid will be transported; and the emergency response information carried by for a holder of a Class A commercial driver’s li- (F) a point of contact at the Class I railroad train crews transporting hazardous materials. cense to obtain a hazardous materials endorse- responsible for serving as the point of contact (b) CONTENTS.—In conducting the study under ment under part 383 of title 49, Code of Federal for State emergency response centers and local subsection (a), the Comptroller General shall Regulations, if the license holder— emergency responders related to the Class I rail- evaluate the differences between the emergency (1) is acting within the scope of the license road’s transportation of such liquid. response information carried by train crews holder’s employment as an employee of a custom (4) require each applicable State emergency transporting hazardous materials and the emer- harvester operation, agrichemical business, farm response commission to provide to a political gency response guidance provided in the Emer- retail outlet and supplier, or livestock feeder; subdivision of a State, or public agency respon- gency Response Guidebook issued by the De- and sible for emergency response or law enforcement, partment of Transportation. (2) is operating a service vehicle that is— upon request of the political subdivision or pub- (c) REPORT.—Not later than 1 year after the (A) transporting diesel in a quantity of 3,785 lic agency, the information the commission re- date of enactment of this Act, the Comptroller liters (1,000 gallons) or less; and ceives from a Class I railroad pursuant to para- General shall transmit to the Committee on (B) clearly marked with a ‘‘flammable’’ or graph (3), including, for any such political sub- Commerce, Science, and Transportation of the ‘‘combustible’’ placard, as appropriate. division or public agency responsible for emer- Senate and the Committee on Transportation Subtitle C—Safe Transportation of gency response or law enforcement that makes and Infrastructure of the House of Representa- Flammable Liquids by Rail an initial request for such information, any up- tives a report of the findings of the study under SEC. 7301. COMMUNITY SAFETY GRANTS. dates received by the State emergency response subsection (a) and any recommendations for leg- Section 5107 of title 49, United States Code, is commission. islative action. (5) prohibit any Class I railroad, employee, or amended by adding at the end the following: SEC. 7304. PHASE-OUT OF ALL TANK CARS USED ‘‘(i) COMMUNITY SAFETY GRANTS.—The Sec- agent from withholding, or causing to be with- TO TRANSPORT CLASS 3 FLAMMABLE retary shall establish a competitive program for held, the train consist information from first re- LIQUIDS. making grants to nonprofit organizations for— sponders, emergency response officials, and law (a) IN GENERAL.—Except as provided for in ‘‘(1) conducting national outreach and train- enforcement personnel described in paragraph subsection (b), beginning on the date of enact- ing programs to assist communities in preparing (2) in the event of an incident, accident, or pub- ment of this Act, all DOT–111 specification rail- for and responding to accidents and incidents lic health or safety emergency involving the rail road tank cars used to transport Class 3 flam- involving the transportation of hazardous mate- transportation of hazardous materials; mable liquids shall meet the DOT–117, DOT– rials, including Class 3 flammable liquids by (6) establish security and confidentiality pro- 117P, or DOT–117R specifications in part 179 of rail; and tections, including protections from the public title 49, Code of Federal Regulations, regardless ‘‘(2) training State and local personnel re- release of proprietary information or security- of train composition. sponsible for enforcing the safe transportation sensitive information, to prevent the release to (b) PHASE-OUT SCHEDULE.—Certain tank cars of hazardous materials, including Class 3 flam- unauthorized persons any electronic train con- not meeting DOT–117, DOT–117P, or DOT–117R mable liquids.’’. sist information or advanced notification or in- specifications on the date of enactment of this SEC. 7302. REAL-TIME EMERGENCY RESPONSE IN- formation provided by Class I railroads under Act may be used, regardless of train composi- FORMATION. this section; and tion, until the following end-dates: (a) IN GENERAL.—Not later than 1 year after (7) allow each Class I railroad to enter into a (1) For transport of unrefined petroleum prod- the date of enactment of this Act, the Secretary, memorandum of understanding with any Class ucts in Class 3 flammable service, including in consultation with appropriate Federal agen- II railroad or Class III railroad that operates crude oil— cies, shall issue regulations that— trains over the Class I railroad’s line to incor- (A) January 1, 2018, for non-jacketed DOT–111 (1) require a Class I railroad transporting haz- porate the Class II railroad or Class III rail- tank cars; ardous materials— road’s train consist information within the ex- (B) March 1, 2018, for jacketed DOT–111 tank (A) to generate accurate, real-time, and elec- isting framework described in paragraph (1). cars; tronic train consist information, including— (b) DEFINITIONS.—In this section: (C) April 1, 2020, for non-jacketed CPC–1232 (i) the identity, quantity, and location of haz- (1) APPLICABLE FUSION CENTER.—The term tank cars; and ardous materials on a train; ‘‘applicable fusion center’’ means a fusion cen- (D) May 1, 2025, for jacketed CPC–1232 tank (ii) the point of origin and destination of the ter with responsibility for a geographic area in cars. train; which a Class I railroad operates. (2) For transport of ethanol— (iii) any emergency response information or (2) CLASS I RAILROAD; CLASS II RAILROAD; (A) May 1, 2023, for non-jacketed and jack- resources required by the Secretary; and CLASS III RAILROAD.—The terms ‘‘Class I rail- eted DOT–111 tank cars;

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00104 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8753 (B) July 1, 2023, for non-jacketed CPC–1232 (4) When connected to the nozzle or fittings (3) the total number of tank cars used or like- tank cars; and cover plate and subject to a horizontal force ap- ly to be used to transport Class 3 flammable liq- (C) May 1, 2025, for jacketed CPC–1232 tank plied perpendicular to and uniformly over the uids that have not been modified, specifying— cars. projected plane of the protective housing, the (A) the type or specification of each tank car (3) For transport of Class 3 flammable liquids tensile connection strength of the protective not modified, including the non-jacketed DOT– in Packing Group I, other than Class 3 flam- housing shall be designed to be— 111, jacketed DOT–111, non-jacketed DOT–111 mable liquids specified in paragraphs (1) and (A) no greater than 70 percent of the nozzle to meeting the CPC–1232 standard, or jacketed (2), May 1, 2025. tank tensile connection strength; DOT–111 meeting the CPC–1232 standard; and (4) For transport of Class 3 flammable liquids (B) no greater than 70 percent of the cover (B) the identification number of each Class 3 in Packing Groups II and III, other than Class plate to nozzle connection strength; and flammable liquid carried by each tank car in the 3 flammable liquids specified in paragraphs (1) (C) no less than either 40 percent of the nozzle past year. and (2), May 1, 2029. to tank tensile connection strength or the shear (c) TANK CAR SHOP DATA.—The Secretary (c) RETROFITTING SHOP CAPACITY.—The Sec- strength of twenty 1⁄2-inch bolts. shall conduct a survey of tank car facilities retary may extend the deadlines established (b) PRESSURE RELIEF DEVICES.— modifying tank cars to the DOT–117R specifica- under paragraphs (3) and (4) of subsection (b) (1) The pressure relief device shall be located tion, or equivalent, or building new tank cars to for a period not to exceed 2 years if the Sec- inside the protective housing, unless space does the DOT–117 specification, or equivalent, to retary determines that insufficient retrofitting not permit. If multiple pressure relief devices are generate statistically-valid estimates of the an- shop capacity will prevent the phase-out of tank equipped, no more than 1 may be located outside ticipated number of tank cars those facilities ex- cars not meeting the DOT–117, DOT–117P, or of a protective housing. pect to modify to DOT–117R specification, or DOT–117R specifications by the deadlines set (2) The highest point on any pressure relief equivalent, or build to the DOT–117 specifica- forth in such paragraphs. device located outside of a protective housing tion, or equivalent. (d) CONFORMING REGULATORY AMENDMENTS.— may not be more than 12 inches above the tank (d) FREQUENCY.—The Secretary shall collect (1) IN GENERAL.—Immediately after the date of jacket. the data under subsection (b) and conduct the enactment of this section, the Secretary— (3) The highest point on the closure of any survey under subsection (c) annually until May (A) shall remove or revise the date-specific unused pressure relief device nozzle may not be 1, 2029. deadlines in any applicable regulations or or- more than 6 inches above the tank jacket. (e) INFORMATION PROTECTIONS.— ders to the extent necessary to conform with the (c) ALTERNATIVE PROTECTION.—As an alter- (1) IN GENERAL.—The Secretary shall only re- requirements of this section; and native to the protective housing requirements in port data in industry-wide totals and shall treat (B) may not enforce any such date-specific subsection (a) of this section, the tank car may company-specific information as confidential deadlines or requirements that are inconsistent be equipped with a system that prevents the re- business information. with the requirements of this section. lease of product from any top fitting in the case (2) LEVEL OF CONFIDENTIALITY.—The Sec- (2) IMPLEMENTATION.—Nothing in this section of an incident where any top fitting would be retary shall ensure the data collected under sub- shall be construed to require the Secretary to sheared off. section (b) and the survey data under subsection issue regulations, except as required under (d) IMPLEMENTATION.—Nothing in this section (c) have the same level of confidentiality as re- paragraph (1), to implement this section. shall be construed to require the Secretary to quired by the Confidential Information Protec- (e) SAVINGS CLAUSE.—Nothing in this section issue regulations to implement this section. tion and Statistical Efficiency Act of 2002 (44 shall be construed to prohibit the Secretary from (e) SAVINGS CLAUSE.—Nothing in this section U.S.C. 3501 note), as administered by the Bu- implementing the final rule issued on May 08, shall prohibit the Secretary from approving new reau of Transportation Statistics. 2015, entitled ‘‘Enhanced Tank Car Standards technologies, methods or requirements that pro- (3) DESIGNEE.—The Secretary may— and Operational Controls for High-Hazard vide a level of safety equivalent to or greater (A) designate the Director of the Bureau of Flammable Trains’’ (80 Fed. Reg. 26643), other than the level of safety provided for in this sec- Transportation Statistics to collect data under than the provisions of the final rule that are in- tion. subsection (b) and the survey data under sub- consistent with this section. SEC. 7307. RULEMAKING ON OIL SPILL RESPONSE section (c); and (f) CLASS 3 FLAMMABLE LIQUID DEFINED.—In PLANS. (B) direct the Director to ensure the confiden- this section, the term ‘‘Class 3 flammable liquid’’ The Secretary shall, not later than 30 days tially of company-specific information to the has the meaning given the term flammable liquid after the date of enactment of this Act and maximum extent permitted by law. in section 173.120(a) of title 49, Code of Federal every 90 days thereafter until a final rule based (f) REPORT.—Each year, not later than 60 Regulations. on the advanced notice of proposed rulemaking days after the date that both the collection of SEC. 7305. THERMAL BLANKETS. issued on August 1, 2014, entitled ‘‘Hazardous the data under subsection (b) and the survey (a) REQUIREMENTS.—Not later than 180 days Materials: Oil Spill Response Plans for High- under subsection (c) are complete, the Secretary after the date of enactment of this Act, the Sec- Hazard Flammable Trains’’ (79 Fed. Reg. 45079) shall submit a written report on the aggregate retary shall issue such regulations as are nec- is promulgated, notify the Committee on Trans- results, without company-specific information, essary to require that each tank car built to portation and Infrastructure of the House of to— meet the DOT–117 specification and each non- Representatives and the Committee on Com- (1) the Committee on Commerce, Science, and jacketed tank car modified to meet the DOT– merce, Science, and Transportation of the Sen- Transportation of the Senate; and 117R specification be equipped with an insu- ate in writing of— (2) the Committee on Transportation and In- lating blanket with at least 1⁄2-inch-thick mate- (1) the status of such rulemaking; frastructure of the House of Representatives. rial that has been approved by the Secretary (2) any reasons why such final rule has not (g) DEFINITION OF CLASS 3 FLAMMABLE LIQ- pursuant to section 179.18(c) of title 49, Code of been implemented; UID.—In this section, the term ‘‘Class 3 flam- Federal Regulations. (3) a plan for completing such final rule as mable liquid’’ has the meaning given the term (b) SAVINGS CLAUSE.—Nothing in this section soon as practicable; and flammable liquid in section 173.120 of title 49, shall prohibit the Secretary from approving new (4) the estimated date of completion of such Code of Federal Regulations. or alternative technologies or materials as they final rule. SEC. 7309. REPORT ON CRUDE OIL CHARACTERIS- become available that provide a level of safety SEC. 7308. MODIFICATION REPORTING. TICS RESEARCH STUDY. at least equivalent to the level of safety provided (a) IN GENERAL.—Not later than 1 year after Not later than 180 days after the research for under subsection (a). the date of enactment of this Act, the Secretary completion of the comprehensive Crude Oil SEC. 7306. MINIMUM REQUIREMENTS FOR TOP shall implement a reporting requirement to mon- Characteristics Research Sampling, Analysis, FITTINGS PROTECTION FOR CLASS itor industry-wide progress toward modifying and Experiment Plan study at Sandia National DOT–117R TANK CARS. rail tank cars used to transport Class 3 flam- Laboratories, the Secretary of Energy, in co- (a) PROTECTIVE HOUSING.—Except as provided mable liquids by the applicable deadlines estab- operation with the Secretary of Transportation, in subsections (b) and (c), top fittings on DOT lished in section 7304. shall submit a report to the Committee on Com- specification 117R tank cars shall be located in- (b) TANK CAR DATA.—The Secretary shall col- merce, Science, and Transportation of the Sen- side a protective housing not less than 1⁄2-inch lect data from shippers and rail tank car owners ate, the Committee on Energy and Natural Re- in thickness and constructed of a material hav- on— sources of the Senate, the Committee on Trans- ing a tensile strength not less than 65 kilopound (1) the total number of tank cars modified to portation and Infrastructure of the House of per square inch and conform to the following meet the DOT–117R specification, or equivalent, Representatives, and the Committee on Energy specifications: specifying— and Commerce of the House of Representatives (1) The protective housing shall be as tall as (A) the type or specification of each tank car that contains— the tallest valve or fitting involved and the before it was modified, including non-jacketed (1) the results of the comprehensive Crude Oil height of a valve or fitting within the protective DOT–111, jacketed DOT–111, non-jacketed Characteristics Research Sampling, Analysis, housing must be kept to the minimum compat- DOT–111 meeting the CPC–1232 standard, or and Experiment Plan study; and ible with their proper operation. jacketed DOT–111 meeting the CPC–1232 stand- (2) recommendations, based on the findings of (2) The protective housing or cover may not ard; and the study, for— reduce the flow capacity of the pressure relief (B) the identification number of each Class 3 (A) regulations by the Secretary of Transpor- device below the minimum required. flammable liquid carried by each tank car in the tation or the Secretary of Energy to improve the (3) The protective housing shall provide a past year; safe transport of crude oil; and means of drainage with a minimum flow area (2) the total number of tank cars built to meet (B) legislation to improve the safe transport of equivalent to six 1-inch diameter holes. the DOT–117 specification, or equivalent; and crude oil.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00105 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8754 CONGRESSIONAL RECORD — HOUSE December 1, 2015 SEC. 7310. HAZARDOUS MATERIALS BY RAIL LI- Commerce, Science, and Transportation of the solicit public comment in the Federal Register ABILITY STUDY. Senate a report on the results of the inde- on the analysis for a period of not more than 30 (a) IN GENERAL.—Not later than 120 days pendent evaluation under paragraph (1). days; and after the date of enactment of this Act, the Sec- (b) EMERGENCY BRAKING APPLICATION TEST- (C) not later than 60 days after the end of the retary shall initiate a study on the levels and ING.— public comment period under subparagraph (B), structure of insurance for railroad carriers (1) IN GENERAL.—The Secretary shall enter post the final updated regulatory impact anal- transporting hazardous materials. into an agreement with the National Academy ysis on the Department of Transportation’s (b) CONTENTS.—ln conducting the study under of Sciences to— Internet Web site. subsection (a), the Secretary shall evaluate— (A) complete testing of ECP brake systems (2) DETERMINATION.—Not later than 2 years (1) the level and structure of insurance, in- during emergency braking application, includ- after the date of enactment of this Act, the Sec- cluding self-insurance, available in the private ing more than 1 scenario involving the uncou- retary shall— market against the full liability potential for pling of a train with 70 or more DOT–117 speci- (A) determine, based on whether the final reg- damages arising from an accident or incident in- fication or DOT–117R specification tank cars; ulatory impact analysis described in paragraph volving a train transporting hazardous mate- and (1)(C) demonstrates that the benefits, including rials; (B) transmit, not later than 18 months after safety benefits, of the applicable ECP brake sys- (2) the level and structure of insurance that the date of enactment of this Act, to the Com- tem requirements exceed the costs of such re- would be necessary and appropriate— mittee on Transportation and Infrastructure of quirements, whether the applicable ECP brake (A) to efficiently allocate risk and financial the House of Representatives and the Committee system requirements are justified; responsibility for claims; and on Commerce, Science, and Transportation of (B) if the applicable ECP brake system re- quirements are justified, publish in the Federal (B) to ensure that a railroad carrier trans- the Senate a report on the results of the testing. Register the determination and reasons for such porting hazardous materials can continue to op- (2) INDEPENDENT EXPERTS.—In completing the erate despite the risk of an accident or incident; testing under paragraph (1)(A), the National determination; and (C) if the Secretary does not publish the deter- and Academy of Sciences may contract with 1 or mination under subparagraph (B), repeal the (3) the potential applicability, for a train more engineering or rail experts, as appropriate, applicable ECP brake system requirements. transporting hazardous materials, of an alter- that— (3) SAVINGS CLAUSE.—Nothing in this section native insurance model, including— (A) are not railroad carriers, entities funded shall be construed to prohibit the Secretary from (A) a secondary liability coverage pool or by such carriers, or entities directly impacted by implementing the final rule described under sub- pools to supplement commercial insurance; and the final rule issued on May 8, 2015, entitled section (b)(2)(A) prior to the determination re- (B) other models administered by the Federal ‘‘Enhanced Tank Car Standards and Oper- quired under subsection (c)(2) of this section, or Government. ational Controls for High-Hazard Flammable require the Secretary to promulgate a new rule (c) REPORT.—Not later than 1 year after the Trains’’ (80 Fed. Reg. 26643); and on the provisions of such final rule, other than date the study under subsection (a) is initiated, (B) have relevant experience in conducting on the applicable ECP brake system require- the Secretary shall submit a report containing railroad safety technology tests or similar crash ments, if the Secretary does not determine that the results of the study and recommendations tests. the applicable ECP brake system requirements for addressing liability issues with rail transpor- (3) TESTING FRAMEWORK.—In completing the are justified pursuant to this subsection. tation of hazardous materials to— testing under paragraph (1), the National Acad- (d) DEFINITIONS.—In this section, the fol- (1) the Committee on Commerce, Science, and emy of Sciences and each contractor described lowing definitions apply: Transportation of the Senate; and in paragraph (2) shall ensure that the testing (1) APPLICABLE ECP BRAKE SYSTEM REQUIRE- (2) the Committee on Transportation and In- objectively, accurately, and reliably measures MENTS.—The term ‘‘applicable ECP brake system frastructure of the House of Representatives. the performance of ECP brake systems relative requirements’’ means sections 174.310(a)(3)(ii), (d) DEFINITIONS.—ln this section: to other braking technologies or systems, such 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.202–10, (1) HAZARDOUS MATERIAL.—The term ‘‘haz- as distributed power and 2-way end-of-train de- 179.202–12(g), and 179.202–13(i) of title 49, Code ardous material’’ means a substance or material vices, including differences in— of Federal Regulations, and any other regula- the Secretary designates as hazardous under (A) the number of cars derailed; tion in effect on the date of enactment of this section 5103 of title 49, United States Code. (B) the number of cars punctured; Act requiring the installation of ECP brakes or (2) RAILROAD CARRIER.—The term ‘‘railroad (C) the measures of in-train forces; and operation in ECP brake mode. carrier’’ has the meaning given the term in sec- (D) the stopping distance. (2) CLASS 3 FLAMMABLE LIQUID.—The term tion 20102 of title 49, United States Code. (4) FUNDING.—The Secretary shall provide ‘‘Class 3 flammable liquid’’ has the meaning SEC. 7311. STUDY AND TESTING OF ELECTRONI- funding, as part of the agreement under para- given the term flammable liquid in section CALLY CONTROLLED PNEUMATIC graph (1), to the National Academy of Sciences 173.120(a) of title 49, Code of Federal Regula- BRAKES. for the testing required under this section— tions. (a) GOVERNMENT ACCOUNTABILITY OFFICE (A) using sums made available to carry out (3) ECP.—The term ‘‘ECP’’ means electroni- STUDY.— sections 20108 and 5118 of title 49, United States cally controlled pneumatic when applied to a (1) IN GENERAL.—The Comptroller General of Code; and brake or brakes. the United States shall conduct an independent (B) to the extent funding under subparagraph (4) ECP BRAKE MODE.—The term ‘‘ECP brake evaluation of ECP brake systems, pilot program (A) is insufficient or unavailable to fund the mode’’ includes any operation of a rail car or an data, and the Department’s research and anal- testing required under this section, using such entire train using an ECP brake system. ysis on the costs, benefits, and effects of ECP sums as are necessary from the amounts appro- (5) ECP BRAKE SYSTEM.— brake systems. priated to the Secretary, the Federal Railroad (A) IN GENERAL.—The term ‘‘ECP brake sys- (2) STUDY ELEMENTS.—In completing the inde- Administration, or the Pipeline and Hazardous tem’’ means a train power braking system actu- pendent evaluation under paragraph (1), the Materials Safety Administration, or a combina- ated by compressed air and controlled by elec- Comptroller General shall examine the following tion thereof. tronic signals from the locomotive or an ECP– issues related to ECP brake systems: (5) EQUIPMENT.— EOT to the cars in the consist for service and (A) Data and modeling results on safety bene- (A) RECEIPT.—The National Academy of emergency applications in which the brake pipe fits relative to conventional brakes and to other Sciences and each contractor described in para- is used to provide a constant supply of com- braking technologies or systems, such as distrib- graph (2) may receive or use rolling stock, track, pressed air to the reservoirs on each car but does uted power and 2-way end-of-train devices. and other equipment or infrastructure from a not convey braking signals to the car. (B) Data and modeling results on business railroad carrier or other private entity for the (B) INCLUSIONS.—The term ‘‘ECP brake sys- benefits, including the effects of dynamic brak- purposes of conducting the testing required tem’’ includes dual mode and stand-alone ECP ing. under this section. brake systems. (6) RAILROAD CARRIER.—The term ‘‘railroad (C) Data on costs, including up-front capital (B) CONTRACTED USE.—Notwithstanding para- costs and on-going maintenance costs. graph (2)(A), to facilitate testing, the National carrier’’ has the meaning given the term in sec- (D) Analysis of potential operational benefits Academy of Sciences and each contractor may tion 20102 of title 49, United States Code. (7) REPORT DATE.—The term ‘‘report date’’ and challenges, including the effects of poten- contract with a railroad carrier or any other means the date that the reports under sub- tial locomotive and car segregation, technical private entity for the use of such carrier or enti- sections (a)(3) and (b)(1)(B) are required to be reliability issues, and network disruptions. ty’s rolling stock, track, or other equipment and transmitted pursuant to those subsections. (E) Analysis of potential implementation chal- receive technical assistance on their use. lenges, including installation time, positive train (c) EVIDENCE-BASED APPROACH.— TITLE VIII—MULTIMODAL FREIGHT control integration complexities, component (1) ANALYSIS.—The Secretary shall— TRANSPORTATION availability issues, and tank car shop capabili- (A) not later than 90 days after the report SEC. 8001. MULTIMODAL FREIGHT TRANSPOR- ties. date, fully incorporate the results of the evalua- TATION. (F) Analysis of international experiences with tion under subsection (a) and the testing under (a) IN GENERAL.—Subtitle IX of title 49, the use of advanced braking technologies. subsection (b) and update the regulatory impact United States Code, is amended to read as fol- (3) REPORT.—Not later than 18 months after analysis of the final rule described in subsection lows: the date of enactment of this Act, the Comp- (b)(2)(A) of the costs, benefits, and effects of the ‘‘Subtitle IX—Multimodal Freight troller General shall transmit to the Committee applicable ECP brake system requirements; Transportation on Transportation and Infrastructure of the (B) as soon as practicable after completion of ‘‘Chapter Sec. House of Representatives and the Committee on the updated analysis under subparagraph (A), ‘‘701. Multimodal freight policy ...... 70101

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‘‘702. Multimodal freight transportation ‘‘(1) an assessment of the condition and per- ‘‘(2) NETWORK COMPONENTS.—The interim Na- planning and information ...... 70201 formance of the National Multimodal Freight tional Multimodal Freight Network shall in- ‘‘CHAPTER 701—MULTIMODAL FREIGHT Network established under section 70103; clude— POLICY ‘‘(2) forecasts of freight volumes for the suc- ‘‘(A) the National Highway Freight Network, as established under section 167 of title 23; ‘‘Sec. ceeding 5-, 10-, and 20-year periods; ‘‘(B) the freight rail systems of Class I rail- ‘‘70101. National multimodal freight policy. ‘‘(3) an identification of major trade gateways ‘‘70102. National freight strategic plan. and national freight corridors that connect roads, as designated by the Surface Transpor- ‘‘70103. National Multimodal Freight Network. major population centers, trade gateways, and tation Board; other major freight generators; ‘‘(C) the public ports of the United States that ‘‘§ 70101. National multimodal freight policy ‘‘(4) an identification of bottlenecks on the have total annual foreign and domestic trade of ‘‘(a) IN GENERAL.—It is the policy of the National Multimodal Freight Network that cre- at least 2,000,000 short tons, as identified by the United States to maintain and improve the con- ate significant freight congestion, based on a Waterborne Commerce Statistics Center of the dition and performance of the National quantitative methodology developed by the Army Corps of Engineers, using the data from Multimodal Freight Network established under Under Secretary, which shall include, at a min- the latest year for which such data is available; section 70103 to ensure that the Network pro- imum— ‘‘(D) the inland and intracoastal waterways vides a foundation for the United States to com- ‘‘(A) information from the Freight Analysis of the United States, as described in section 206 pete in the global economy and achieve the Framework of the Federal Highway Administra- of the Inland Waterways Revenue Act of 1978 goals described in subsection (b). tion; and (33 U.S.C. 1804); ‘‘(b) GOALS.—The goals of the national ‘‘(B) to the maximum extent practicable, an ‘‘(E) the Great Lakes, the St. Lawrence Sea- multimodal freight policy are— estimate of the cost of addressing each bottle- way, and coastal and ocean routes along which ‘‘(1) to identify infrastructure improvements, neck and any operational improvements that domestic freight is transported; policies, and operational innovations that— could be implemented; ‘‘(F) the 50 airports located in the United ‘‘(A) strengthen the contribution of the Na- ‘‘(5) an assessment of statutory, regulatory, States with the highest annual landed weight, tional Multimodal Freight Network to the eco- technological, institutional, financial, and other as identified by the Federal Aviation Adminis- nomic competitiveness of the United States; barriers to improved freight transportation per- tration; and ‘‘(B) reduce congestion and eliminate bottle- formance, and a description of opportunities for ‘‘(G) other strategic freight assets, including necks on the National Multimodal Freight Net- overcoming the barriers; strategic intermodal facilities and freight rail work; and ‘‘(6) a process for addressing multistate lines of Class II and Class III railroads, des- ‘‘(C) increase productivity, particularly for projects and encouraging jurisdictions to col- ignated by the Under Secretary as critical to domestic industries and businesses that create laborate; interstate commerce. high-value jobs; ‘‘(7) strategies to improve freight intermodal ‘‘(c) FINAL NETWORK.— ‘‘(2) to improve the safety, security, efficiency, connectivity; ‘‘(1) IN GENERAL.—Not later than 1 year after and resiliency of multimodal freight transpor- ‘‘(8) an identification of corridors providing the date of enactment of this section, the Under tation; access to energy exploration, development, in- Secretary, after soliciting input from stake- ‘‘(3) to achieve and maintain a state of good stallation, or production areas; holders, including multimodal freight system repair on the National Multimodal Freight Net- ‘‘(9) an identification of corridors providing users, transportation providers, metropolitan work; access to major areas for manufacturing, agri- planning organizations, local governments, ‘‘(4) to use innovation and advanced tech- culture, or natural resources; ports, airports, railroads, and States, through a nology to improve the safety, efficiency, and re- ‘‘(10) an identification of best practices for im- public process to identify critical freight facili- liability of the National Multimodal Freight proving the performance of the National ties and corridors, including critical commerce Network; Multimodal Freight Network, including critical corridors, that are vital to achieve the national ‘‘(5) to improve the economic efficiency and commerce corridors and rural and urban access multimodal freight policy goals described in sec- productivity of the National Multimodal Freight to critical freight corridors; and tion 70101(b) of this title and the national high- Network; ‘‘(11) an identification of best practices to way freight program goals described in section ‘‘(6) to improve the reliability of freight trans- mitigate the impacts of freight movement on 167 of title 23, and after providing notice and an portation; communities. opportunity for comment on a draft system, ‘‘(7) to improve the short- and long-distance ‘‘(c) UPDATES.—Not later than 5 years after shall designate a National Multimodal Freight movement of goods that— the date of completion of the national freight Network with the goal of— ‘‘(A) travel across rural areas between popu- strategic plan under subsection (a), and every 5 ‘‘(A) improving network and intermodal lation centers; years thereafter, the Under Secretary shall up- connectivity; and ‘‘(B) travel between rural areas and popu- ‘‘(B) using measurable data as part of the as- lation centers; and date the plan and publish the updated plan on the public Internet Web site of the Department sessment of the significance of freight move- ‘‘(C) travel from the Nation’s ports, airports, ment, including the consideration of points of and gateways to the National Multimodal of Transportation. ‘‘(d) CONSULTATION.—The Under Secretary origin, destinations, and linking components of Freight Network; domestic and international supply chains. ‘‘(8) to improve the flexibility of States to sup- shall develop and update the national freight strategic plan— ‘‘(2) FACTORS.—In designating or redesig- port multi-State corridor planning and the cre- nating the National Multimodal Freight Net- ation of multi-State organizations to increase ‘‘(1) after providing notice and an opportunity for public comment; and work, the Under Secretary shall consider— the ability of States to address multimodal ‘‘(A) origins and destinations of freight move- freight connectivity; ‘‘(2) in consultation with State departments of transportation, metropolitan planning organiza- ment within, to, and from the United States; ‘‘(9) to reduce the adverse environmental im- ‘‘(B) volume, value, tonnage, and the strategic pacts of freight movement on the National tions, and other appropriate public and private transportation stakeholders. importance of freight; Multimodal Freight Network; and ‘‘(C) access to border crossings, airports, sea- ‘‘(10) to pursue the goals described in this sub- ‘‘§ 70103. National Multimodal Freight Net- ports, and pipelines; section in a manner that is not burdensome to work ‘‘(D) economic factors, including balance of State and local governments. ‘‘(a) IN GENERAL.—The Under Secretary of trade; ‘‘(c) IMPLEMENTATION.—The Under Secretary Transportation for Policy shall establish a Na- ‘‘(E) access to major areas for manufacturing, of Transportation for Policy, who shall be re- tional Multimodal Freight Network in accord- agriculture, or natural resources; sponsible for the oversight and implementation ance with this section— ‘‘(F) access to energy exploration, develop- of the national multimodal freight policy, ‘‘(1) to assist States in strategically directing ment, installation, and production areas; shall— resources toward improved system performance ‘‘(G) intermodal links and intersections that ‘‘(1) carry out sections 70102 and 70103; for the efficient movement of freight on the Net- promote connectivity; ‘‘(2) assist with the coordination of modal work; ‘‘(H) freight choke points and other impedi- freight planning; and ‘‘(2) to inform freight transportation plan- ments contributing to significant measurable ‘‘(3) identify interagency data sharing oppor- ning; congestion, delay in freight movement, or ineffi- tunities to promote freight planning and coordi- ‘‘(3) to assist in the prioritization of Federal cient modal connections; nation. investment; and ‘‘(I) impacts on all freight transportation ‘‘§ 70102. National freight strategic plan ‘‘(4) to assess and support Federal investments modes and modes that share significant freight ‘‘(a) IN GENERAL.—Not later than 2 years to achieve the national multimodal freight pol- infrastructure; after the date of enactment of this section, the icy goals described in section 70101(b) of this ‘‘(J) facilities and transportation corridors Under Secretary of Transportation for Policy title and the national highway freight program identified by a multi-State coalition, a State, a shall— goals described in section 167 of title 23. State freight advisory committee, or a metropoli- ‘‘(1) develop a national freight strategic plan ‘‘(b) INTERIM NETWORK.— tan planning organization, using national or in accordance with this section; and ‘‘(1) IN GENERAL.—Not later than 180 days local data, as having critical freight importance ‘‘(2) publish the plan on the public Internet after the date of enactment of this section, the to the region; Web site of the Department of Transportation. Under Secretary shall establish an interim Na- ‘‘(K) major distribution centers, inland inter- ‘‘(b) CONTENTS.—The national freight stra- tional Multimodal Freight Network in accord- modal facilities, and first- and last-mile facili- tegic plan shall include— ance with this subsection. ties; and

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00107 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8756 CONGRESSIONAL RECORD — HOUSE December 1, 2015 ‘‘(L) the significance of goods movement, in- ‘‘70201. State freight advisory committees. to carry out section 167 of title 23 would be in- cluding consideration of global and domestic ‘‘70202. State freight plans. vested and matched; and supply chains. ‘‘70203. Transportation investment data and ‘‘(10) consultation with the State freight advi- ‘‘(3) CONSIDERATIONS.—In designating or re- planning tools. sory committee, if applicable. designating the National Multimodal Freight ‘‘70204. Savings provision. ‘‘(c) RELATIONSHIP TO LONG-RANGE PLAN.— ‘‘(1) INCORPORATION.—A State freight plan de- Network, the Under Secretary shall— ‘‘§ 70201. State freight advisory committees ‘‘(A) use, to the extent practicable, measurable scribed in subsection (a) may be developed sepa- ‘‘(a) IN GENERAL.—The Secretary of Transpor- data to assess the significance of goods move- rately from or incorporated into the statewide tation shall encourage each State to establish a ment, including the consideration of points of strategic long-range transportation plan re- freight advisory committee consisting of a rep- origin, destinations, and linking components of quired by section 135 of title 23. resentative cross-section of public and private the United States global and domestic supply ‘‘(2) FISCAL CONSTRAINT.—The freight invest- sector freight stakeholders, including represent- chains; ment plan component of a freight plan shall in- ‘‘(B) consider— atives of ports, freight railroads, shippers, car- clude a project, or an identified phase of a ‘‘(i) the factors described in paragraph (2); riers, freight-related associations, third-party project, only if funding for completion of the and logistics providers, the freight industry work- project can reasonably be anticipated to be ‘‘(ii) any changes in the economy that affect force, the transportation department of the available for the project within the time period freight transportation network demand; and State, and local governments. identified in the freight investment plan. ‘‘(C) provide the States with an opportunity to ‘‘(b) ROLE OF COMMITTEE.—A freight advisory ‘‘(d) PLANNING PERIOD.—A State freight plan submit proposed designations in accordance committee of a State described in subsection (a) described in subsection (a) shall address a 5- with paragraph (4). shall— year forecast period. ‘‘(4) STATE INPUT.— ‘‘(1) advise the State on freight-related prior- ‘‘(e) UPDATES.— ‘‘(A) IN GENERAL.—Each State that proposes ities, issues, projects, and funding needs; ‘‘(1) IN GENERAL.—A State shall update a additional designations for the National ‘‘(2) serve as a forum for discussion for State State freight plan described in subsection (a) not Multimodal Freight Network shall— transportation decisions affecting freight mobil- less frequently than once every 5 years. ‘‘(i) consider nominations for additional des- ity; ‘‘(2) FREIGHT INVESTMENT PLAN.—A State may ignations from metropolitan planning organiza- ‘‘(3) communicate and coordinate regional pri- update a freight investment plan described in tions and State freight advisory committees, as orities with other organizations; subsection (b)(9) more frequently than is re- applicable, within the State; ‘‘(4) promote the sharing of information be- quired under paragraph (1). ‘‘(ii) consider nominations for additional des- tween the private and public sectors on freight ‘‘§ 70203. Transportation investment data and ignations from owners and operators of port, issues; and planning tools rail, pipeline, and airport facilities; and ‘‘(5) participate in the development of the ‘‘(iii) ensure that additional designations are ‘‘(a) IN GENERAL.—Not later than 1 year after freight plan of the State described in section the date of enactment of this section, the Sec- consistent with the State transportation im- 70202. provement program or freight plan. retary of Transportation shall— ‘‘§ 70202. State freight plans ‘‘(1) begin development of new tools and im- ‘‘(B) CRITICAL RURAL FREIGHT FACILITIES AND provement of existing tools to support an out- CORRIDORS.—As part of the designations under ‘‘(a) IN GENERAL.—Each State that receives subparagraph (A), a State may designate a funding under section 167 of title 23 shall de- come-oriented, performance-based approach to freight facility or corridor within the borders of velop a freight plan that provides a comprehen- evaluate proposed freight-related and other the State as a critical rural freight facility or sive plan for the immediate and long-range transportation projects, including— ‘‘(A) methodologies for systematic analysis of corridor if the facility or corridor— planning activities and investments of the State ‘‘(i) is a rural principal arterial; with respect to freight. benefits and costs on a national or regional ‘‘(ii) provides access or service to energy ex- ‘‘(b) PLAN CONTENTS.—A State freight plan basis; ploration, development, installation, or produc- described in subsection (a) shall include, at a ‘‘(B) tools for ensuring that the evaluation of tion areas; minimum— freight-related and other transportation projects ‘‘(iii) provides access or service to— ‘‘(1) an identification of significant freight could consider safety, economic competitiveness, ‘‘(I) a grain elevator; system trends, needs, and issues with respect to urban and rural access, environmental sustain- ‘‘(II) an agricultural facility; the State; ability, and system condition in the project se- ‘‘(III) a mining facility; ‘‘(2) a description of the freight policies, strat- lection process; ‘‘(IV) a forestry facility; or egies, and performance measures that will guide ‘‘(C) improved methods for data collection and ‘‘(V) an intermodal facility; the freight-related transportation investment de- trend analysis; ‘‘(iv) connects to an international port of ‘‘(D) encouragement of public-private collabo- cisions of the State; entry; ration to carry out data sharing activities while ‘‘(3) when applicable, a listing of— ‘‘(v) provides access to a significant air, rail, maintaining the confidentiality of all propri- water, or other freight facility in the State; or ‘‘(A) multimodal critical rural freight facilities and corridors designated within the State under etary data; and ‘‘(vi) has been determined by the State to be ‘‘(E) other tools to assist in effective transpor- section 70103 of this title; and vital to improving the efficient movement of tation planning; freight of importance to the economy of the ‘‘(B) critical rural and urban freight corridors ‘‘(2) identify transportation-related model State. designated within the State under section 167 of data elements to support a broad range of eval- ‘‘(C) LIMITATION.— title 23; uation methods and techniques to assist in mak- ‘‘(i) IN GENERAL.—A State may propose addi- ‘‘(4) a description of how the plan will im- ing transportation investment decisions; and tional designations to the National Multimodal prove the ability of the State to meet the na- ‘‘(3) at a minimum, in consultation with other Freight Network in the State in an amount that tional multimodal freight policy goals described relevant Federal agencies, consider any im- is not more than 20 percent of the total mileage in section 70101(b) of this title and the national provements to existing freight flow data collec- designated by the Under Secretary in the State. highway freight program goals described in sec- tion efforts that could reduce identified freight ‘‘(ii) DETERMINATION BY UNDER SECRETARY.— tion 167 of title 23; data gaps and deficiencies and help improve The Under Secretary shall determine how to ‘‘(5) a description of how innovative tech- forecasts of freight transportation demand. apply the limitation under clause (i) to the com- nologies and operational strategies, including ‘‘(b) CONSULTATION.—The Secretary shall con- ponents of the National Multimodal Freight freight intelligent transportation systems, that sult with Federal, State, and other stakeholders Network. improve the safety and efficiency of freight to develop, improve, and implement the tools ‘‘(D) SUBMISSION AND CERTIFICATION.—A State movement, were considered; and collect the data described in subsection (a). shall submit to the Under Secretary— ‘‘(6) in the case of roadways on which travel ‘‘§ 70204. Savings provision ‘‘(i) a list of any additional designations pro- by heavy vehicles (including mining, agricul- posed to be added under this paragraph; and tural, energy cargo or equipment, and timber ve- ‘‘Nothing in this subtitle provides additional ‘‘(ii) a certification that— hicles) is projected to substantially deteriorate authority to regulate or direct private activity ‘‘(I) the State has satisfied the requirements of the condition of the roadways, a description of on freight networks designated under this sub- subparagraph (A); and improvements that may be required to reduce or title.’’. (b) CLERICAL AMENDMENT.—The analysis of ‘‘(II) the designations referred to in clause (i) impede the deterioration; subtitles for title 49, United States Code, is address the factors for designation described in ‘‘(7) an inventory of facilities with freight mo- amended by striking the item relating to subtitle this subsection. bility issues, such as bottlenecks, within the IX and inserting the following: ‘‘(d) REDESIGNATION OF NATIONAL State, and for those facilities that are State MULTIMODAL FREIGHT NETWORK.—Not later owned or operated, a description of the strate- ‘‘IX. Multimodal Freight Transpor- than 5 years after the initial designation under gies the State is employing to address the freight tation ...... 70101’’. subsection (c), and every 5 years thereafter, the mobility issues; TITLE IX—NATIONAL SURFACE TRANS- Under Secretary, using the designation factors ‘‘(8) consideration of any significant conges- PORTATION AND INNOVATIVE FINANCE described in subsection (c), shall redesignate the tion or delay caused by freight movements and BUREAU National Multimodal Freight Network. any strategies to mitigate that congestion or SEC. 9001. NATIONAL SURFACE TRANSPORTATION ‘‘CHAPTER 702—MULTIMODAL FREIGHT delay; AND INNOVATIVE FINANCE BUREAU. TRANSPORTATION PLANNING AND IN- ‘‘(9) a freight investment plan that, subject to (a) IN GENERAL.—Chapter 1 of title 49, United FORMATION subsection (c)(2), includes a list of priority States Code, is amended by adding at the end ‘‘Sec. projects and describes how funds made available the following:

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00108 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8757 ‘‘§ 116. National Surface Transportation and application processes without diminishing Fed- ‘‘(i) requiring the sponsor of the project to un- Innovative Finance Bureau eral oversight; and dergo a value for money analysis or a com- ‘‘(a) ESTABLISHMENT.—The Secretary of ‘‘(C) describes how the Executive Director will parable analysis prior to deciding to advance Transportation shall establish a National Sur- implement administrative actions identified the project as a public-private partnership; face Transportation and Innovative Finance under subparagraph (B) that do not require an ‘‘(ii) requiring the analysis required under Bureau in the Department. Act of Congress. subparagraph (A), and other key terms of the ‘‘(b) PURPOSES.—The purposes of the Bureau ‘‘(6) PROCEDURES AND TRANSPARENCY.— relevant public-private partnership agreement, shall be— ‘‘(A) PROCEDURES.—With respect to the pro- to be made publicly available by the project ‘‘(1) to provide assistance and communicate grams referred to in paragraph (1), the Execu- sponsor at an appropriate time; best practices and financing and funding oppor- tive Director shall— ‘‘(iii) not later than 3 years after the date of tunities to eligible entities for the programs re- ‘‘(i) establish procedures for analyzing and completion of the project, requiring the sponsor ferred to in subsection (d)(1); evaluating applications and for utilizing the of the project to conduct a review regarding ‘‘(2) to administer the application processes recommendations of the Council on Credit and whether the private partner is meeting the terms for programs within the Department in accord- Finance; of the relevant public-private partnership agree- ance with subsection (d); ‘‘(ii) establish procedures for addressing late- ment; and ‘‘(3) to promote innovative financing best arriving applications, as applicable, and com- ‘‘(iv) providing a publicly available summary practices in accordance with subsection (e); municating the Bureau’s decisions for accepting of the total level of Federal assistance in such ‘‘(4) to reduce uncertainty and delays with re- or rejecting late applications to the applicant project; and spect to environmental reviews and permitting and the public; and ‘‘(B) develop guidance to implement this para- in accordance with subsection (f); and ‘‘(iii) document major decisions in the applica- graph that takes into consideration variations ‘‘(5) to reduce costs and risks to taxpayers in tion evaluation process through a decision in State and local laws and requirements related project delivery and procurement in accordance memorandum or similar mechanism that pro- to public-private partnerships. with subsection (g). vides a clear rationale for such decisions. ‘‘(4) SUPPORT TO PROJECT SPONSORS.—At the ‘‘(c) EXECUTIVE DIRECTOR.— ‘‘(B) REVIEW.— request of an eligible entity, the Bureau shall ‘‘(1) APPOINTMENT.—The Bureau shall be ‘‘(i) IN GENERAL.—The Comptroller General of provide technical assistance to the eligible entity headed by an Executive Director, who shall be the United States shall review the compliance of regarding proposed public-private partnership appointed in the competitive service by the Sec- the Executive Director with the requirements of agreements for transportation facilities, includ- retary, with the approval of the President. this paragraph. ing assistance in performing a value for money ‘‘(2) DUTIES.—The Executive Director shall— ‘‘(ii) RECOMMENDATIONS.—The Comptroller analysis or comparable analysis. ‘‘(A) report to the Under Secretary of Trans- General may make recommendations to the Ex- ‘‘(f) ENVIRONMENTAL REVIEW AND PERMIT- portation for Policy; ecutive Director in order to improve compliance TING.— ‘‘(B) be responsible for the management and with the requirements of this paragraph. ‘‘(1) IN GENERAL.—The Bureau shall take ac- oversight of the daily activities, decisions, oper- ‘‘(iii) REPORT.—Not later than 3 years after tions that are appropriate and consistent with ations, and personnel of the Bureau; the date of enactment of this section, the Comp- the Department’s goals and policies to improve ‘‘(C) support the Council on Credit and Fi- troller General shall submit to the Committee on the delivery timelines for projects carried out nance established under section 117 in accord- Transportation and Infrastructure of the House under the programs referred to in subsection ance with this section; and of Representatives and the Committee on Envi- (d)(1). ‘‘(D) carry out such additional duties as the ronment and Public Works, the Committee on ‘‘(2) ACTIVITIES.—The Bureau shall carry out Secretary may prescribe. Banking, Housing, and Urban Affairs, and the paragraph (1)— ‘‘(A) by serving as the Department’s liaison to ‘‘(d) ADMINISTRATION OF CERTAIN APPLICA- Committee on Commerce, Science, and Transpor- the Council on Environmental Quality; TION PROCESSES.— tation of the Senate a report on the results of ‘‘(B) by coordinating efforts to improve the ef- ‘‘(1) IN GENERAL.—The Bureau shall admin- the review conducted under clause (i), including ficiency and effectiveness of the environmental ister the application processes for the following findings and recommendations for improvement. review and permitting process; programs: ‘‘(e) INNOVATIVE FINANCING BEST PRAC- ‘‘(C) by providing technical assistance and ‘‘(A) The infrastructure finance programs au- TICES.— training to field and headquarters staff of Fed- thorized under chapter 6 of title 23. ‘‘(1) IN GENERAL.—The Bureau shall work eral agencies on policy changes and innovative ‘‘(B) The railroad rehabilitation and improve- with the modal administrations within the De- approaches to the delivery of projects; and ment financing program authorized under sec- partment, eligible entities, and other public and ‘‘(D) by identifying, developing, and tracking tions 501 through 503 of the Railroad Revitaliza- private interests to develop and promote best metrics for permit reviews and decisions by Fed- tion and Regulatory Reform Act of 1976 (45 practices for innovative financing and public- eral agencies for projects under the National U.S.C. 821–823). private partnerships. Environmental Policy Act of 1969. ‘‘(C) Amount allocations authorized under ‘‘(2) ACTIVITIES.—The Bureau shall carry out ‘‘(3) SUPPORT TO PROJECT SPONSORS.—At the section 142(m) of the Internal Revenue Code of paragraph (1)— request of an eligible entity that is carrying out 1986. ‘‘(A) by making Federal credit assistance pro- a project under a program referred to in sub- ‘‘(D) The nationally significant freight and grams more accessible to eligible recipients; section (d)(1), the Bureau, in coordination with highway projects program under section 117 of ‘‘(B) by providing advice and expertise to eli- the appropriate modal administrations within title 23. gible entities that seek to leverage public and the Department, shall provide technical assist- ‘‘(2) CONGRESSIONAL NOTIFICATION.—The Ex- private funding; ance with regard to the compliance of the ecutive Director shall ensure that the congres- ‘‘(C) by sharing innovative financing best project with the requirements of the National sional notification requirements for each pro- practices and case studies from eligible entities Environmental Policy Act 1969 and relevant gram referred to in paragraph (1) are followed with other eligible entities that are interested in Federal environmental permits. in accordance with the statutory provisions ap- utilizing innovative financing methods; and ‘‘(g) PROJECT PROCUREMENT.— plicable to the program. ‘‘(D) by developing and monitoring— ‘‘(1) IN GENERAL.—The Bureau shall promote ‘‘(3) REPORTS.—The Executive Director shall ‘‘(i) best practices with respect to standardized best practices in procurement for a project re- ensure that the reporting requirements for each State public-private partnership authorities and ceiving assistance under a program referred to program referred to in paragraph (1) are fol- practices, including best practices related to— in subsection (d)(1) by developing, in coordina- lowed in accordance with the statutory provi- ‘‘(I) accurate and reliable assumptions for tion with modal administrations within the De- sions applicable to the program. analyzing public-private partnership procure- partment as appropriate, procurement bench- ‘‘(4) COORDINATION.—In administering the ap- ments; marks in order to ensure accountable expendi- plication processes for the programs referred to ‘‘(II) procedures for the handling of unsolic- ture of Federal assistance over the life cycle of in paragraph (1), the Executive Director shall ited bids; the project. coordinate with appropriate officials in the De- ‘‘(III) policies with respect to noncompete ‘‘(2) PROCUREMENT BENCHMARKS.—To the partment and its modal administrations respon- clauses; and maximum extent practicable, the procurement sible for administering such programs. ‘‘(IV) other significant terms of public-private benchmarks developed under paragraph (1) ‘‘(5) STREAMLINING APPROVAL PROCESSES.— partnership procurements, as determined appro- shall— Not later than 1 year after the date of enact- priate by the Bureau; ‘‘(A) establish maximum thresholds for accept- ment of this section, the Executive Director shall ‘‘(ii) standard contracts for the most common able project cost increases and delays in project submit to the Committee on Transportation and types of public-private partnerships for trans- delivery; Infrastructure of the House of Representatives portation facilities; and ‘‘(B) establish uniform methods for States to and the Committee on Commerce, Science, and ‘‘(iii) analytical tools and other techniques to measure cost and delivery changes over the life Transportation, the Committee on Banking, aid eligible entities in determining the appro- cycle of a project; and Housing, and Urban Affairs, and the Committee priate project delivery model, including a value ‘‘(C) be tailored, as necessary, to various types on Environment and Public Works of the Senate for money analysis. of project procurements, including design-bid- a report that— ‘‘(3) TRANSPARENCY.—The Bureau shall— build, design-build, and public-private partner- ‘‘(A) evaluates the application processes for ‘‘(A) ensure the transparency of a project re- ships. the programs referred to in paragraph (1); ceiving credit assistance under a program re- ‘‘(3) DATA COLLECTION.—The Bureau shall— ‘‘(B) identifies administrative and legislative ferred to in subsection (d)(1) and procured as a ‘‘(A) collect information related to procure- actions that would improve the efficiency of the public-private partnership by— ment benchmarks developed under paragraph

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00109 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8758 CONGRESSIONAL RECORD — HOUSE December 1, 2015 (1), including project specific information de- tion under 1 or more of the programs referred to ‘‘(4) review, on a regular basis, projects that tailed under paragraph (2); and in subsection (d)(1) that was received by the received assistance under such programs; and ‘‘(B) provide on a publicly accessible Internet Secretary on or before the date of enactment of ‘‘(5) carry out such additional duties as the Web site of the Department a report on the in- this section. Secretary may prescribe.’’. formation collected under subparagraph (A). ‘‘(j) DEFINITIONS.—In this section, the fol- (b) CLERICAL AMENDMENT.—The analysis for ‘‘(h) ELIMINATION AND CONSOLIDATION OF DU- lowing definitions apply: such chapter is further amended by adding at PLICATIVE OFFICES.— ‘‘(1) BUREAU.—The term ‘Bureau’ means the the end the following: ‘‘(1) ELIMINATION OF OFFICES.—The Secretary National Surface Transportation and Innova- ‘‘117. Council on Credit and Finance.’’. may eliminate any office within the Department tive Finance Bureau of the Department. TITLE X—SPORT FISH RESTORATION AND if the Secretary determines that— ‘‘(2) DEPARTMENT.—The term ‘Department’ RECREATIONAL BOATING SAFETY ‘‘(A) the purposes of the office are duplicative means the Department of Transportation. SEC. 10001. ALLOCATIONS. of the purposes of the Bureau; and ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti- (a) AUTHORIZATION.—Section 3 of the Dingell- ‘‘(B) the elimination of the office does not ad- ty’ means an eligible applicant receiving finan- Johnson Sport Fish Restoration Act (16 U.S.C. versely affect the obligations of the Secretary cial or credit assistance under 1 or more of the 777b) is amended by striking ‘‘57 percent’’ and under any Federal law. programs referred to in subsection (d)(1). ‘‘(2) CONSOLIDATION OF OFFICES AND OFFICE inserting ‘‘58.012 percent’’. ‘‘(4) EXECUTIVE DIRECTOR.—The term ‘Execu- (b) IN GENERAL.—Section 4 of the Dingell- FUNCTIONS.—The Secretary may consolidate any tive Director’ means the Executive Director of office or office function within the Department Johnson Sport Fish Restoration Act (16 U.S.C. the Bureau. 777c) is amended— into the Bureau that the Secretary determines ‘‘(5) MULTIMODAL PROJECT.—The term has duties, responsibilities, resources, or exper- (1) in subsection (a)— ‘multimodal project’ means a project involving (A) in the matter preceding paragraph (1)— tise that support the purposes of the Bureau. the participation of more than 1 modal adminis- ‘‘(3) STAFFING AND BUDGETARY RESOURCES.— (i) by striking ‘‘For each’’ and all that follows tration or secretarial office within the Depart- ‘‘(A) IN GENERAL.—The Secretary shall ensure through ‘‘the balance’’ and inserting ‘‘For each ment. that the Bureau is adequately staffed and fund- fiscal year through fiscal year 2021, the bal- ‘‘(6) PROJECT.—The term ‘project’ means a ed. ance’’; and highway project, public transportation capital ‘‘(B) STAFFING.—The Secretary may transfer (ii) by striking ‘‘multistate conservation to the Bureau a position within the Department project, freight or passenger rail project, or grants under section 14’’ and inserting ‘‘activi- from any office that is eliminated or consoli- multimodal project.’’. ties under section 14(e)’’; dated under this subsection if the Secretary de- (b) CLERICAL AMENDMENT.—The analysis for (B) in paragraph (1), by striking ‘‘18.5 per- termines that the position is necessary to carry such chapter is amended by adding at the end cent’’ and inserting ‘‘18.673 percent’’; out the purposes of the Bureau. the following: (C) in paragraph (2) by striking ‘‘18.5 per- ‘‘(C) SAVINGS PROVISION.—If the Secretary ‘‘116. National Surface Transportation and In- cent’’ and inserting ‘‘17.315 percent’’; transfers a position to the Bureau under sub- novative Finance Bureau.’’. (D) by striking paragraphs (3) and (4); (E) by redesignating paragraph (5) as para- paragraph (B), the Secretary, in coordination SEC. 9002. COUNCIL ON CREDIT AND FINANCE. graph (4); and with the appropriate modal administration, (a) IN GENERAL.—Chapter 1 of title 49, United (F) by inserting after paragraph (2) the fol- shall ensure that the transfer of the position States Code, as amended by this Act, is further lowing: does not adversely affect the obligations of the amended by adding at the end the following: ‘‘(3) BOATING INFRASTRUCTURE IMPROVE- modal administration under any Federal law. ‘‘§ 117. Council on Credit and Finance MENT.— UDGETARY RESOURCES ‘‘(D) B .— ‘‘(A) IN GENERAL.—An amount equal to 4 per- ‘‘(i) TRANSFER OF FUNDS FROM ELIMINATED OR ‘‘(a) ESTABLISHMENT.—The Secretary of cent to the Secretary of the Interior for qualified CONSOLIDATED OFFICES.—During the 2-year pe- Transportation shall establish a Council on projects under section 5604(c) of the Clean Ves- riod beginning on the date of enactment of this Credit and Finance in accordance with this sec- sel Act of 1992 (33 U.S.C. 1322 note) and section section, the Secretary may transfer to the Bu- tion. 7404(d) of the Sportfishing and Boating Safety reau funds allocated to any office or office func- ‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Council shall be com- Act of 1998 (16 U.S.C. 777g–1(d)). tion that is eliminated or consolidated under ‘‘(B) LIMITATION.—Not more than 75 percent this subsection to carry out the purposes of the posed of the following members: ‘‘(A) The Deputy Secretary of Transportation. of the amount under subparagraph (A) shall be Bureau. available for projects under either of the sec- ‘‘(ii) TRANSFER OF FUNDS ALLOCATED TO AD- ‘‘(B) The Under Secretary of Transportation tions referred to in subparagraph (A).’’; MINISTRATIVE COSTS.—During the 2-year period for Policy. ‘‘(C) The Chief Financial Officer and Assist- (2) in subsection (b)— beginning on the date of enactment of this sec- (A) in paragraph (1)(A) by striking ‘‘for each’’ tion, the Secretary may transfer to the Bureau ant Secretary for Budget and Programs. ‘‘(D) The General Counsel of the Department and all that follows through ‘‘the Secretary’’ funds allocated to the administrative costs of and inserting ‘‘for each fiscal year through fis- processing applications for the programs re- of Transportation. ‘‘(E) The Assistant Secretary for Transpor- cal year 2021, the Secretary’’; ferred to in subsection (d)(1). (B) by redesignating paragraph (2) as para- ‘‘(4) NOTIFICATION.—Not later than 90 days tation Policy. ‘‘(F) The Administrator of the Federal High- graph (3); after the date of enactment of this section, and (C) by inserting after paragraph (1) the fol- every 90 days thereafter, the Secretary shall no- way Administration. ‘‘(G) The Administrator of the Federal Transit lowing: tify the Committee on Transportation and Infra- ‘‘(2) SET-ASIDE FOR COAST GUARD ADMINISTRA- structure of the House of Representatives and Administration. ‘‘(H) The Administrator of the Federal Rail- TION.— the Committee on Environment and Public ‘‘(A) IN GENERAL.—From the annual appro- road Administration. Works, the Committee on Banking, Housing, priation made in accordance with section 3, for ‘‘(2) ADDITIONAL MEMBERS.—The Secretary and Urban Affairs, and the Committee on Com- each of fiscal years 2016 through 2021, the Sec- may designate up to 3 additional officials of the merce, Science, and Transportation of the Sen- retary of the department in which the Coast Department to serve as at-large members of the ate of— Guard is operating may use no more than the Council. ‘‘(A) the offices eliminated under paragraph amount specified in subparagraph (B) for the ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— (1) and the rationale for elimination of the of- fiscal year for the purposes set forth in section ‘‘(A) CHAIRPERSON.—The Deputy Secretary of fices; 13107(c) of title 46, United States Code. The ‘‘(B) the offices and office functions consoli- Transportation shall serve as the chairperson of the Council. amount specified in subparagraph (B) for a fis- dated under paragraph (2) and the rationale for cal year may not be included in the amount of ‘‘(B) VICE CHAIRPERSON.—The Chief Financial consolidation of the offices and office functions; the annual appropriation distributed under sub- ‘‘(C) the actions taken under paragraph (3) Officer and Assistant Secretary for Budget and Programs shall serve as the vice chairperson of section (a) for the fiscal year. and the rationale for taking such actions; and ‘‘(B) AVAILABLE AMOUNTS.—The available the Council. ‘‘(D) any additional legislative actions that amount referred to in subparagraph (A) is— ‘‘(4) EXECUTIVE DIRECTOR.—The Executive Di- may be needed. ‘‘(i) for fiscal year 2016, $7,700,000; and ‘‘(i) SAVINGS PROVISIONS.— rector of the National Surface Transportation ‘‘(ii) for fiscal year 2017 and each fiscal year ‘‘(1) LAWS AND REGULATIONS.—Nothing in this and Innovative Finance Bureau shall serve as a thereafter, the sum of— section may be construed to change a law or nonvoting member of the Council. ‘‘(I) the available amount for the preceding regulation with respect to a program referred to ‘‘(c) DUTIES.—The Council shall— fiscal year; and in subsection (d)(1). ‘‘(1) review applications for assistance sub- ‘‘(II) the amount determined by multiplying— ‘‘(2) RESPONSIBILITIES.—Nothing in this sec- mitted under the programs referred to in sub- ‘‘(aa) the available amount for the preceding tion may be construed to abrogate the respon- paragraphs (A), (B), and (C) of section fiscal year; and sibilities of an agency, operating administration, 116(d)(1); ‘‘(bb) the change, relative to the preceding fis- or office within the Department otherwise ‘‘(2) review applications for assistance sub- cal year, in the Consumer Price Index for All charged by a law or regulation with other as- mitted under the program referred to in section Urban Consumers published by the Department pects of program administration, oversight, or 116(d)(1)(D), as determined appropriate by the of Labor.’’; and project approval or implementation for the pro- Secretary; (D) in paragraph (3), as so redesignated— grams and projects subject to this section. ‘‘(3) make recommendations to the Secretary (i) in subparagraph (A), by striking ‘‘until the ‘‘(3) APPLICABILITY.—Nothing in this section regarding the selection of projects to receive as- end of the fiscal year.’’ and inserting ‘‘until the may be construed to affect any pending applica- sistance under such programs; end of the subsequent fiscal year.’’; and

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00110 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8759 (ii) in subparagraph (B) by striking ‘‘under ‘‘(ii) not more than $1,500,000 is available to section 24407 of title 49, United States Code, (as subsection (e)’’ and inserting ‘‘under subsection conduct by grant or contract a survey of levels added by section 11301 of this Act), the fol- (c)’’; of recreational boating participation and related lowing amounts: (3) in subsection (c)— matters in the United States.’’; and (1) For fiscal year 2016, $98,000,000. (A) by striking ‘‘(c) The Secretary’’ and in- (B) in paragraph (2)— (2) For fiscal year 2017, $190,000,000. serting ‘‘(c)(1) The Secretary,’’; (i) by striking ‘‘No funds’’ and inserting ‘‘On (3) For fiscal year 2018, $230,000,000. (B) by striking ‘‘grants under section 14 of and after October 1, 2016, no funds’’; and (4) For fiscal year 2019, $255,000,000. this title’’ and inserting ‘‘activities under sec- (ii) by striking ‘‘traditionally’’. (5) For fiscal year 2020, $330,000,000. tion 14(e)’’; (b) PROJECT MANAGEMENT OVERSIGHT.—The TITLE XI—RAIL (C) by striking ‘‘57 percent’’ and inserting Secretary may withhold up to 1 percent from the ‘‘58.012 percent’’; and SEC. 11001. SHORT TITLE. amount appropriated under subsection (a) of (D) by adding at the end the following: This title may be cited as the ‘‘Passenger Rail this section for the costs of project management ‘‘(2) The Secretary shall deduct from the Reform and Investment Act of 2015’’. oversight of grants carried out under section amount to be apportioned under paragraph (1) Subtitle A—Authorizations 24407 of title 49, United States Code. the amounts used for grants under section SEC. 11103. FEDERAL-STATE PARTNERSHIP FOR 14(a).’’; and SEC. 11101. AUTHORIZATION OF GRANTS TO AM- TRAK. STATE OF GOOD REPAIR. (4) in subsection (e)(1), by striking ‘‘those sub- (a) NORTHEAST CORRIDOR.—There are author- (a) IN GENERAL.—There are authorized to be sections,’’ and inserting ‘‘those paragraphs,’’. ized to be appropriated to the Secretary for the appropriated to the Secretary for grants under (c) SUBMISSION AND APPROVAL OF PLANS AND section 24911 of title 49, United States Code, (as PROJECTS.—Section 6(d) of the Dingell-Johnson use of Amtrak for activities associated with the Northeast Corridor the following amounts: added by section 11302 of this Act), the fol- Sport Fish Restoration Act (16 U.S.C. 777e(d)) is lowing amounts: amended by striking ‘‘for appropriations’’ and (1) For fiscal year 2016, $450,000,000. (2) For fiscal year 2017, $474,000,000. (1) For fiscal year 2016, $82,000,000. inserting ‘‘from appropriations’’. (2) For fiscal year 2017, $140,000,000. (d) UNEXPENDED OR UNOBLIGATED FUNDS.— (3) For fiscal year 2018, $515,000,000. (4) For fiscal year 2019, $557,000,000. (3) For fiscal year 2018, $175,000,000. Section 8(b)(2) of the Dingell-Johnson Sport (4) For fiscal year 2019, $300,000,000. (5) For fiscal year 2020, $600,000,000. Fish Restoration Act (16 U.S.C. 777g(b)(2)) is (5) For fiscal year 2020, $300,000,000. (b) NATIONAL NETWORK.—There are author- amended by striking ‘‘57 percent’’ and inserting (b) PROJECT MANAGEMENT OVERSIGHT.—The ized to be appropriated to the Secretary for the ‘‘58.012 percent’’. Secretary may withhold up to 1 percent from the use of Amtrak for activities associated with the (e) COOPERATION.—Section 12 of the Dingell- amount appropriated under subsection (a) of National Network the following amounts: Johnson Sport Fish Restoration Act (16 U.S.C. this section for the costs of project management (1) For fiscal year 2016, $1,000,000,000. 777k) is amended— oversight of grants carried out under section (2) For fiscal year 2017, $1,026,000,000. (1) by striking ‘‘57 percent’’ and inserting 24911 of title 49, United States Code. ‘‘58.012 percent’’; and (3) For fiscal year 2018, $1,085,000,000. (4) For fiscal year 2019, $1,143,000,000. SEC. 11104. RESTORATION AND ENHANCEMENT (2) by striking ‘‘under section 4(b)’’ and in- GRANTS. serting ‘‘under section 4(c)’’. (5) For fiscal year 2020, $1,200,000,000. (a) IN GENERAL.—There are authorized to be (f) OTHER ACTIVITIES.—Section 14 of the Din- (c) PROJECT MANAGEMENT OVERSIGHT.—The appropriated to the Secretary for grants under gell-Johnson Sport Fish Restoration Act (16 Secretary may withhold up to one half of 1 per- section 24408 of title 49, United States Code, (as U.S.C. 777m) is amended— cent of the amount appropriated under sub- added by section 11303 of this Act), $20,000,000 (1) in subsection (a)(1), by striking ‘‘of each sections (a) and (b) for the costs of management for each of fiscal years 2016 through 2020. annual appropriation made in accordance with oversight of Amtrak. (b) PROJECT MANAGEMENT OVERSIGHT.—The the provisions of section 3’’; and (d) GULF COAST WORKING GROUP.—Of the Secretary may withhold up to 1 percent from the (2) in subsection (e)— total amount made available to the Office of the amount appropriated under subsection (a) of (A) in the matter preceding paragraph (1) by Secretary of Transportation and the Federal this section for the costs of project management striking ‘‘Of amounts made available under sec- Railroad Administration, for each of fiscal years oversight of grants carried out under section tion 4(b) for each fiscal year—’’ and inserting 2016 and 2017, $500,000 shall be used to convene 24408 of title 49, United States Code. ‘‘Not more than $1,200,000 of each annual ap- the Gulf Coast rail service working group estab- propriation made in accordance with the provi- lished under section 11304 of this Act and carry SEC. 11105. AUTHORIZATION OF APPROPRIA- sions of section 3 shall be distributed to the Sec- TIONS FOR AMTRAK OFFICE OF IN- out its responsibilities under such section. SPECTOR GENERAL. retary of the Interior for use as follows:’’; and (e) COMPETITION.—In administering grants to (B) in paragraph (1)(D) by striking ‘‘; and’’ There are authorized to be appropriated to the Amtrak under section 24319 of title 49, United Office of Inspector General of Amtrak the fol- and inserting a period. States Code, the Secretary may withhold, from (g) REPEAL.—The Dingell-Johnson Sport Fish lowing amounts: amounts that would otherwise be made avail- (1) For fiscal year 2016, $20,000,000. Restoration Act (16 U.S.C. 777 et seq.) is amend- able to Amtrak, such sums as are necessary from ed— (2) For fiscal year 2017, $20,500,000. the amount appropriated under subsection (b) of (3) For fiscal year 2018, $21,000,000. (1) by striking section 15; and this section to cover the operating subsidy de- (2) by redesignating section 16 as section 15. (4) For fiscal year 2019, $21,500,000. scribed in section 24711(b)(1)(E)(ii) of title 49, (5) For fiscal year 2020, $22,000,000. SEC. 10002. RECREATIONAL BOATING SAFETY. United States Code. SEC. 11106. DEFINITIONS. Section 13107 of title 46, United States Code, is (f) STATE-SUPPORTED ROUTE COMMITTEE.— (a) TITLE 49 AMENDMENTS.—Section 24102 of amended— The Secretary may withhold up to $2,000,000 (1) in subsection (a)— title 49, United States Code, is amended— from the amount appropriated in each fiscal (1) by redesignating paragraphs (5) through (A) by striking ‘‘(1) Subject to paragraph (2) year under subsection (b) of this section for the and subsection (c),’’ and inserting ‘‘Subject to (9) as paragraphs (7) through (11), respectively; use of the State-Supported Route Committee es- (2) by inserting after paragraph (4) the fol- subsection (c),’’; tablished under section 24712 of title 49, United (B) by striking ‘‘the sum of (A) the amount lowing new paragraphs: States Code. made available from the Boat Safety Account ‘‘(5) ‘long-distance route’ means a route de- (g) NORTHEAST CORRIDOR COMMISSION.—The scribed in subparagraph (C) of paragraph (7). for that fiscal year under section 15 of the Din- Secretary may withhold up to $5,000,000 from gell-Johnson Sport Fish Restoration Act and ‘‘(6) ‘National Network’ includes long-dis- the amount appropriated in each fiscal year tance routes and State-supported routes.’’; and (B)’’; and under subsection (a) of this section for the use (C) by striking paragraph (2); and (3) by adding at the end the following new of the Northeast Corridor Commission estab- (2) in subsection (c)— paragraphs: (A) by striking the subsection designation and lished under section 24905 of title 49, United ‘‘(12) ‘state-of-good-repair’ means a condition paragraph (1) and inserting the following: States Code. in which physical assets, both individually and ‘‘(c)(1)(A) The Secretary may use amounts (h) NORTHEAST CORRIDOR.—For purposes of as a system, are— made available each fiscal year under section this section, the term ‘‘Northeast Corridor’’ ‘‘(A) performing at a level at least equal to 4(b)(2) of the Dingell-Johnson Sport Fish Res- means the Northeast Corridor main line between that called for in their as-built or as-modified toration Act (16 U.S.C. 777c(b)(2)) for payment Boston, Massachusetts, and the District of Co- design specification during any period when the of expenses of the Coast Guard for investiga- lumbia, and facilities and services used to oper- life cycle cost of maintaining the assets is lower tions, personnel, and activities directly related ate and maintain that line. than the cost of replacing them; and to— (i) SMALL BUSINESS PARTICIPATION STUDY.— ‘‘(B) sustained through regular maintenance ‘‘(i) administering State recreational boating Of the total amount made available to the Office and replacement programs. safety programs under this chapter; or of the Secretary of Transportation and the Fed- ‘‘(13) ‘State-supported route’ means a route ‘‘(ii) coordinating or carrying out the national eral Railroad Administration, for each of fiscal described in subparagraph (B) or (D) of para- recreational boating safety program under this years 2016 and 2017, $1,500,000 shall be used to graph (7), or in section 24702, that is operated title. implement the small business participation by Amtrak, excluding those trains operated by ‘‘(B) Of the amounts used by the Secretary study authorized under section 11310 of this Act. Amtrak on the routes described in paragraph each fiscal year under subparagraph (A)— SEC. 11102. CONSOLIDATED RAIL INFRASTRUC- (7)(A).’’. ‘‘(i) not less than $2,100,000 is available to en- TURE AND SAFETY IMPROVEMENTS. (b) CONFORMING AMENDMENTS.— sure compliance with chapter 43 of this title; (a) IN GENERAL.—There are authorized to be (1) Section 217 of the Passenger Rail Invest- and appropriated to the Secretary for grants under ment and Improvement Act of 2008 (49 U.S.C.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00111 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8760 CONGRESSIONAL RECORD — HOUSE December 1, 2015 24702 note) is amended by striking ‘‘24102(5)(D)’’ ‘‘(E) other capital projects on the Northeast mittee and Northeast Corridor Commission a let- and inserting ‘‘24102(7)(D)’’. Corridor, determined appropriate by the Sec- ter that includes the information described (2) Section 209(a) of the Passenger Rail Invest- retary, and consistent with section under subparagraphs (A) and (B) of paragraph ment and Improvement Act of 2008 (49 U.S.C. 24905(c)(1)(A)(i); and (2). 24101 note) is amended by striking ‘‘24102(5)(B) ‘‘(F) if applicable, capital projects described in ‘‘(h) REPORT.—Not later than 2 years after the and (D)’’ and inserting ‘‘24102(7)(B) and (D)’’. section 24904(b). date of enactment of the Passenger Rail Reform Subtitle B—Amtrak Reforms ‘‘(2) For the National Network, all associated and Investment Act of 2015, Amtrak shall submit SEC. 11201. ACCOUNTS. costs, including— to the Secretary a report assessing the account ‘‘(A) operating activities; (a) IN GENERAL.—Chapter 243 of title 49, and reporting structure established under this United States Code, is amended by adding at the ‘‘(B) capital activities; and section and providing any recommendations for ‘‘(C) the payment of principal and interest on end the following: further action. Not later than 180 days after the loans or capital leases attributable to the Na- date of receipt of such report, the Secretary ‘‘§ 24317. Accounts tional Network. shall provide an assessment that supplements ‘‘(a) PURPOSE.—The purpose of this section is ‘‘(e) IMPLEMENTATION AND REPORTING.— Amtrak’s report and submit the Amtrak report to— ‘‘(1) IN GENERAL.—Not later than 1 year after with the supplemental assessment to the Com- ‘‘(1) promote the effective use and stewardship the date of enactment of the Passenger Rail Re- mittee on Commerce, Science, and Transpor- by Amtrak of Amtrak revenues, Federal, State, form and Investment Act of 2015, Amtrak, in tation of the Senate and the Committee on and third party investments, appropriations, consultation with the Secretary, shall implement Transportation and Infrastructure of the House grants and other forms of financial assistance, any account structures and improvements de- of Representatives. and other sources of funds; and fined under subsection (b) so that Amtrak is ‘‘(i) DEFINITION OF NORTHEAST CORRIDOR.— ‘‘(2) enhance the transparency of the assign- able to produce profit and loss statements for Notwithstanding section 24102, for purposes of ment of revenues and costs among Amtrak busi- each of the business lines described in section this section, the term ‘Northeast Corridor’ means ness lines while ensuring the health of the 24320(b)(1) and, as appropriate, each of the the Northeast Corridor main line between Bos- Northeast Corridor and National Network. asset categories described in section 24320(c)(1) ton, Massachusetts, and the District of Colum- ‘‘(b) ACCOUNT STRUCTURE.—Not later than 180 that identify sources and uses of— bia, and facilities and services used to operate days after the date of enactment of the Pas- ‘‘(A) revenues; and maintain that line.’’. senger Rail Reform and Investment Act of 2015, ‘‘(B) appropriations; and (b) CONFORMING AMENDMENT.—The table of the Secretary of Transportation, in consultation ‘‘(C) transfers between business lines. contents for chapter 243 is amended by adding with Amtrak, shall define an account structure ‘‘(2) UPDATED PROFIT AND LOSS STATEMENTS.— at the end the following: and improvements to accounting methodologies, Not later than 1 month after the implementation ‘‘24317. Accounts.’’. as necessary, to support, at a minimum, the under paragraph (1), and monthly thereafter, SEC. 11202. AMTRAK GRANT PROCESS. Northeast Corridor and the National Network. Amtrak shall submit updated profit and loss (a) REQUIREMENTS AND PROCEDURES.—Chap- ‘‘(c) FINANCIAL SOURCES.—In defining the ac- statements for each of the business lines and count structure and improvements to accounting ter 243 of title 49, United States Code, is further asset categories to the Secretary. amended by adding at the end the following: methodologies required under subsection (b), the ‘‘(f) ACCOUNT MANAGEMENT.—For the pur- Secretary shall ensure, to the greatest extent poses of account management, Amtrak may ‘‘§ 24318. Costs and revenues practicable, that Amtrak assigns the following: transfer funds between the Northeast Corridor ‘‘(a) ALLOCATION.—Not later than 180 days ‘‘(1) For the Northeast Corridor account, all account and National Network account without after the date of enactment of the Passenger revenues, appropriations, grants and other prior notification and approval under sub- Rail Reform and Investment Act of 2015, Amtrak forms of financial assistance, compensation, and section (g) if such transfers— shall establish and maintain internal controls to other sources of funds associated with the ‘‘(1) do not materially impact Amtrak’s ability ensure Amtrak’s costs, revenues, and other com- Northeast Corridor, including— to achieve its anticipated financial, capital, and pensation are appropriately allocated to the ‘‘(A) grant funds appropriated for the North- operating performance goals for the fiscal year; Northeast Corridor, including train services or east Corridor pursuant to section 11101(a) of the and infrastructure, or the National Network, includ- Passenger Rail Reform and Investment Act of ‘‘(2) would not materially change any grant ing proportional shares of common and fixed 2015 or any subsequent Act; agreement entered into pursuant to section costs. ‘‘(B) compensation received from commuter 24319(d), or other agreements made pursuant to ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this rail passenger transportation providers for such applicable Federal law. section shall be construed to limit the ability of providers’ share of capital and operating costs ‘‘(g) TRANSFER AUTHORITY.— Amtrak to enter into an agreement with 1 or on the Northeast Corridor provided to Amtrak ‘‘(1) IN GENERAL.—If Amtrak determines that more States to allocate operating and capital pursuant to section 24905(c); and a transfer between the accounts defined under costs under section 209 of the Passenger Rail In- ‘‘(C) any operating surplus of the Northeast subsection (b) does not meet the account man- vestment and Improvement Act of 2008 (49 Corridor, as allocated pursuant to section 24318. agement standards established under subsection U.S.C. 24101 note). ‘‘(2) For the National Network account, all (f), Amtrak may transfer funds between the ‘‘(c) DEFINITION OF NORTHEAST CORRIDOR.— revenues, appropriations, grants and other Northeast Corridor and National Network ac- Notwithstanding section 24102, for purposes of forms of financial assistance, compensation, and counts if— this section, the term ‘Northeast Corridor’ means other sources of funds associated with the Na- ‘‘(A) Amtrak notifies the Amtrak Board of Di- the Northeast Corridor main line between Bos- tional Network, including— rectors, including the Secretary, at least 10 days ton, Massachusetts, and the District of Colum- ‘‘(A) grant funds appropriated for the Na- bia, and facilities and services used to operate tional Network pursuant to section 11101(b) of prior to the expected date of transfer; and ‘‘(B) solely for a transfer that will materially and maintain that line. the Passenger Rail Reform and Investment Act change a grant agreement, the Secretary ap- of 2015 or any subsequent Act; ‘‘§ 24319. Grant process ‘‘(B) compensation received from States pro- proves. ‘‘(a) PROCEDURES FOR GRANT REQUESTS.—Not vided to Amtrak pursuant to section 209 of the ‘‘(2) REPORT.—Not later than 5 days after the later than 90 days after the date of enactment of Passenger Rail Investment and Improvement Act Amtrak Board of Directors receives notification the Passenger Rail Reform and Investment Act of 2008 (42 U.S.C. 24101 note); and from Amtrak under paragraph (1)(A), the Board of 2015, the Secretary of Transportation shall es- ‘‘(C) any operating surplus of the National shall transmit to the Secretary, the Committee tablish and transmit to the Committee on Com- Network, as allocated pursuant to section 24318. on Transportation and Infrastructure and the merce, Science, and Transportation and the ‘‘(d) FINANCIAL USES.—In defining the ac- Committee on Appropriations of the House of Committee on Appropriations of the Senate and count structure and improvements to accounting Representatives, and the Committee on Com- the Committee on Transportation and Infra- methodologies required under subsection (b), the merce, Science, and Transportation and the structure and the Committee on Appropriations Secretary shall ensure, to the greatest extent Committee on Appropriations of the Senate, a of the House of Representatives substantive and practicable, that amounts assigned to the North- report that includes— procedural requirements, including schedules, east Corridor and National Network accounts ‘‘(A) the amount of the transfer; and for grant requests under this section. shall be used by Amtrak for the following: ‘‘(B) a detailed explanation of the reason for ‘‘(b) GRANT REQUESTS.—Amtrak shall transmit ‘‘(1) For the Northeast Corridor, all associated the transfer, including— to the Secretary grant requests for Federal costs, including— ‘‘(i) the effects on Amtrak services funded by funds appropriated to the Secretary of Trans- ‘‘(A) operating activities; the account from which the transfer is drawn, portation for the use of Amtrak. ‘‘(B) capital activities as described in section in comparison to a scenario in which no transfer ‘‘(c) CONTENTS.—A grant request under sub- 24904(a)(2)(E); was made; and section (b) shall, as applicable— ‘‘(C) acquiring, rehabilitating, manufacturing, ‘‘(ii) the effects on Amtrak services funded by ‘‘(1) describe projected operating and capital remanufacturing, overhauling, or improving the account receiving the transfer, in compari- costs for the upcoming fiscal year for Northeast equipment and associated facilities used for son to a scenario in which no transfer was Corridor activities, including train services and intercity rail passenger transportation by North- made. infrastructure, and National Network activities, east Corridor train services; ‘‘(3) NOTIFICATIONS.—Not later than 5 days including State-supported routes and long-dis- ‘‘(D) payment of principal and interest on after the date that Amtrak notifies the Amtrak tance routes, in comparison to prior fiscal year loans for capital projects described in this para- Board of Directors of a transfer under para- actual financial performance; graph or for capital leases attributable to the graph (1) to or from an account, Amtrak shall ‘‘(2) describe the capital projects to be funded, Northeast Corridor; transmit to the State-Supported Route Com- with cost estimates and an estimated timetable

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00112 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8761 for completion of the projects covered by the re- ‘‘24318. Costs and revenues. ‘‘(H) specific performance measures that dem- quest; and ‘‘24319. Grant process.’’. onstrate year over year changes in the results of ‘‘(3) assess Amtrak’s financial condition. (c) REPEALS.— Amtrak’s operations; ‘‘(d) REVIEW AND APPROVAL.— (1) ESTABLISHMENT OF GRANT PROCESS.—Sec- ‘‘(I) financial performance for each route ‘‘(1) THIRTY-DAY APPROVAL PROCESS.— tion 206 of the Passenger Rail Investment and within each business line, including descriptions ‘‘(A) IN GENERAL.—Not later than 30 days Improvement Act of 2008 (49 U.S.C. 24101 note) of the cash operating loss or contribution and after the date that Amtrak submits a grant re- and the item relating to that section in the table productivity for each route; quest under this section, the Secretary of Trans- of contents of that Act are repealed. ‘‘(J) specific costs and savings estimates re- portation shall complete a review of the request (2) AUTHORIZATION OF APPROPRIATIONS.—Sec- sulting from reform initiatives; and provide notice to Amtrak that— tion 24104 of title 49, United States Code, and ‘‘(K) prior fiscal year and projected equipment ‘‘(i) the request is approved; or the item relating to that section in the table of reliability statistics; and ‘‘(ii) the request is disapproved, including the contents of chapter 241 are repealed. ‘‘(L) an identification and explanation of any reason for the disapproval and an explanation major adjustments made from previously-ap- of any incomplete or deficient items. SEC. 11203. 5-YEAR BUSINESS LINE AND ASSET PLANS. proved plans. ‘‘(B) GRANT AGREEMENT.—If a grant request is ‘‘(3) 5-YEAR BUSINESS LINE PLANS PROCESS.—In approved, the Secretary shall enter into a grant (a) AMTRAK 5-YEAR BUSINESS LINE AND ASSET PLANS.—Chapter 243 of title 49, United States meeting the requirements of this section, Amtrak agreement with Amtrak. shall— ‘‘(2) FIFTEEN-DAY MODIFICATION PERIOD.—Not Code, is further amended by inserting after sec- ‘‘(A) consult with the Secretary in the devel- later than 15 days after the date of a notice tion 24319 the following: opment of the business line plans; under paragraph (1)(A)(ii), Amtrak shall submit ‘‘§ 24320. Amtrak 5-year business line and ‘‘(B) for the Northeast Corridor business line a modified request for the Secretary’s review. asset plans plan, consult with the Northeast Corridor Com- ‘‘(3) MODIFIED REQUESTS.—Not later than 15 ‘‘(a) IN GENERAL.— mission and transmit to the Commission the days after the date that Amtrak submits a modi- ‘‘(1) FINAL PLANS.—Not later than February final plan under subsection (a)(1), and consult fied request under paragraph (2), the Secretary 15 of each year, Amtrak shall submit to Con- with other entities, as appropriate; shall either approve the modified request, or, if gress and the Secretary of Transportation final ‘‘(C) for the State-supported route business the Secretary finds that the request is still in- 5-year business line plans and 5-year asset plans line plan, consult with the State-Supported complete or deficient, the Secretary shall iden- prepared in accordance with this section. These Route Committee established under section tify in writing to the Committee on Commerce, final plans shall form the basis for Amtrak’s 24712; Science, and Transportation and the Committee general and legislative annual report to the ‘‘(D) for the long-distance route business line on Appropriations of the Senate and the Com- President and Congress required by section plan, consult with any States or Interstate Com- mittee on Transportation and Infrastructure 24315(b). Each plan shall cover a period of 5 fis- pacts that provide funding for such routes, as and the Committee on Appropriations of the cal years, beginning with the first fiscal year appropriate; House of Representatives the remaining defi- after the date on which the plan is completed. ‘‘(E) ensure that Amtrak’s general and legisla- ciencies and recommend a process for resolving ‘‘(2) FISCAL CONSTRAINT.—Each plan prepared tive annual report, required under section the outstanding portions of the request. under this section shall be based on funding lev- 24315(b), to the President and Congress is con- ‘‘(e) PAYMENTS TO AMTRAK.— els authorized or otherwise available to Amtrak sistent with the information in the 5-year busi- ‘‘(1) IN GENERAL.—A grant agreement entered in a fiscal year. In the absence of an authoriza- into under subsection (d) shall specify the oper- ness line plans; and tion or appropriation of funds for a fiscal year, ‘‘(F) identify the appropriate Amtrak officials ations, services, and other activities to be fund- the plans shall be based on the amount of fund- ed by the grant. The grant agreement shall in- that are responsible for each business line. ing available in the previous fiscal year, plus in- ‘‘(4) DEFINITION OF NORTHEAST CORRIDOR.— clude provisions, consistent with the require- flation. Amtrak may include an appendix to the Notwithstanding section 24102, for purposes of ments of this chapter, to measure Amtrak’s per- asset plan required in subsection (c) that de- this section, the term ‘Northeast Corridor’ means formance and ensure accountability in deliv- scribes any funding needs in excess of amounts the Northeast Corridor main line between Bos- ering the operations, services, or activities to be authorized or otherwise available to Amtrak in ton, Massachusetts, and the District of Colum- funded by the grant. a fiscal year. ‘‘(2) SCHEDULE.—Except as provided in para- bia, and facilities and services used to operate ‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.— graph (3), in each fiscal year for which amounts and maintain that line. ‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall ‘‘(c) AMTRAK 5-YEAR ASSET PLANS.— are appropriated to the Secretary for the use of prepare a 5-year business line plan for each of Amtrak, and for which the Secretary and Am- ‘‘(1) ASSET CATEGORIES.—Amtrak shall pre- the following business lines and services: pare a 5-year asset plan for each of the fol- trak have entered into a grant agreement under ‘‘(A) Northeast Corridor train services. subsection (d), the Secretary shall disburse lowing asset categories: ‘‘(B) State-supported routes operated by Am- ‘‘(A) Infrastructure, including all Amtrak- grant funds to Amtrak on the following sched- trak. controlled Northeast Corridor assets and other ule: ‘‘(C) Long-distance routes operated by Am- ‘‘(A) 50 percent on October 1. Amtrak-owned infrastructure, and the associ- trak. ‘‘(B) 25 percent on January 1. ated facilities that support the operation, main- ‘‘(C) 25 percent on April 1. ‘‘(D) Ancillary services operated by Amtrak, tenance, and improvement of those assets. ‘‘(3) EXCEPTIONS.—The Secretary may make a including commuter operations and other rev- ‘‘(B) Passenger rail equipment, including all payment to Amtrak of appropriated funds— enue generating activities as determined by the Amtrak-controlled rolling stock, locomotives, ‘‘(A) more frequently than the schedule under Secretary in coordination with Amtrak. and mechanical shop facilities that are used to paragraph (2) if Amtrak, for good cause, re- ‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE overhaul equipment. quests more frequent payment before the end of PLANS.—The 5-year business line plan for each ‘‘(C) Stations, including all Amtrak-controlled a payment period; or business line shall include, at a minimum— passenger rail stations and elements of other ‘‘(B) with a different frequency or in different ‘‘(A) a statement of Amtrak’s objectives, goals, stations for which Amtrak has legal responsi- percentage allocations in the event of a con- and service plan for the business line, in con- bility or intends to make capital investments. tinuing resolution or in the absence of an ap- sultation with any entities that are contributing ‘‘(D) National assets, including national res- propriations Act for the duration of a fiscal capital or operating funding to support pas- ervations, security, training and training cen- year. senger rail services within those business lines, ters, and other assets associated with Amtrak’s ‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY and aligned with Amtrak’s Strategic Plan and national rail passenger transportation system. APPROPRIATIONS.—Amounts appropriated to the 5-year asset plans under subsection (c); ‘‘(2) CONTENTS OF 5-YEAR ASSET PLANS.—Each Secretary for the use of Amtrak shall remain ‘‘(B) all projected revenues and expenditures asset plan shall include, at a minimum— available until expended. Amounts for capital for the business line, including identification of ‘‘(A) a summary of Amtrak’s 5-year strategic acquisitions and improvements may be appro- revenues and expenditures incurred by— plan for each asset category, including goals, priated for a fiscal year before the fiscal year in ‘‘(i) passenger operations; objectives, any relevant performance metrics, which the amounts will be obligated. ‘‘(ii) non-passenger operations that are di- and statutory or regulatory actions affecting ‘‘(g) LIMITATIONS ON USE.—Amounts appro- rectly related to the business line; and the assets; priated to the Secretary for the use of Amtrak ‘‘(iii) governmental funding sources, including ‘‘(B) an inventory of existing Amtrak capital may not be used to cross-subsidize operating revenues and other funding received from assets, to the extent practicable, including infor- losses or capital costs of commuter rail pas- States; mation regarding shared use or ownership, if senger or freight rail transportation. ‘‘(C) projected ridership levels for all pas- applicable; ‘‘(h) DEFINITION OF NORTHEAST CORRIDOR.— senger operations; ‘‘(C) a prioritized list of proposed capital in- Notwithstanding section 24102, for purposes of ‘‘(D) estimates of long-term and short-term vestments that— this section, the term ‘Northeast Corridor’ means debt and associated principal and interest pay- ‘‘(i) categorizes each capital project as being the Northeast Corridor main line between Bos- ments (both current and forecasts); primarily associated with— ton, Massachusetts, and the District of Colum- ‘‘(E) annual profit and loss statements and ‘‘(I) normalized capital replacement; bia, and facilities and services used to operate forecasts and balance sheets; ‘‘(II) backlog capital replacement; and maintain that line.’’. ‘‘(F) annual cash flow forecasts; ‘‘(III) improvements to support service en- (b) CONFORMING AMENDMENTS.—The table of ‘‘(G) a statement describing the methodologies hancements or growth; contents for chapter 243 is further amended by and significant assumptions underlying esti- ‘‘(IV) strategic initiatives that will improve adding at the end the following: mates and forecasts; overall operational performance, lower costs, or

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otherwise improve Amtrak’s corporate effi- ‘‘(2) use the categories specified in the finan- ‘‘(5) COMMITTEE DECISIONS.—Decisions made ciency; or cial accounting and reporting system developed by the Committee in accordance with the Com- ‘‘(V) statutory, regulatory, or other legal man- under section 203 of the Passenger Rail Invest- mittee’s rules and procedures, once established, dates; ment and Improvement Act of 2008 (49 U.S.C. are binding on all Committee members. ‘‘(ii) identifies each project or program that is 24101 note).’’. ‘‘(6) COST ALLOCATION METHODOLOGY.— associated with more than 1 category described (b) EFFECTIVE DATES.—The requirement for ‘‘(A) IN GENERAL.—Subject to subparagraph in clause (i); and Amtrak to submit 5-year business line plans (B), the Committee may amend the cost alloca- ‘‘(iii) describes the anticipated business out- under section 24320(a)(1) of title 49, United tion methodology required and previously ap- come of each project or program identified under States Code, shall take effect on February 15, proved under section 209 of the Passenger Rail this subparagraph, including an assessment of— 2017, the due date of the first business line Investment and Improvement Act of 2008 (49 ‘‘(I) the potential effect on passenger oper- plans. The requirement for Amtrak to submit 5- U.S.C. 24101 note). ations, safety, reliability, and resilience; year asset plans under section 24320(a)(1) of ‘‘(B) PROCEDURES FOR CHANGING METHOD- ‘‘(II) the potential effect on Amtrak’s ability such title shall take effect on February 15, 2019, OLOGY.—The rules and procedures implemented to meet regulatory requirements if the project or the due date of the first asset plans. under paragraph (4) shall include procedures program is not funded; and (c) CONFORMING AMENDMENTS.—The table of for changing the cost allocation methodology. ‘‘(III) the benefits and costs; and contents for chapter 243 of title 49, United States ‘‘(C) REQUIREMENTS.—The cost allocation ‘‘(D) annual profit and loss statements and Code, is amended by adding at the end the fol- methodology shall— forecasts and balance sheets for each asset cat- lowing: ‘‘(i) ensure equal treatment in the provision of egory. ‘‘24320. Amtrak 5-year business line and asset like services of all States and groups of States; ‘‘(3) 5-YEAR ASSET PLAN PROCESS.—In meeting and the requirements of this subsection, Amtrak plans.’’. (d) REPEAL OF 5-YEAR FINANCIAL PLAN.—Sec- ‘‘(ii) allocate to each route the costs incurred shall— only for the benefit of that route and a propor- ‘‘(A) consult with each business line described tion 204 of the Passenger Rail Investment and tionate share, based upon factors that reason- in subsection (b)(1) in the preparation of each 5- Improvement Act of 2008 (49 U.S.C. 24101 note), ably reflect relative use, of costs incurred for the year asset plan and ensure integration of each and the item relating to that section in the table common benefit of more than 1 route. 5-year asset plan with the 5-year business line of contents of that Act, are repealed. SEC. 11204. STATE-SUPPORTED ROUTE COM- ‘‘(b) INVOICES AND REPORTS.—Not later than plans; April 15, 2016, and monthly thereafter, Amtrak ‘‘(B) as applicable, consult with the Northeast MITTEE. shall provide to each State that sponsors a Corridor Commission, the State-Supported Route (a) AMENDMENT.—Chapter 247 of title 49, State-supported route a monthly invoice of the Committee, and owners of assets affected by 5- United States Code, is amended by adding at the cost of operating such route, including fixed year asset plans; and end the following: costs and third-party costs. The Committee shall ‘‘(C) identify the appropriate Amtrak officials ‘‘§ 24712. State-supported routes operated by determine the frequency and contents of finan- that are responsible for each asset category. Amtrak ‘‘(4) EVALUATION OF NATIONAL ASSETS cial and performance reports that Amtrak shall ‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— provide to the States, as well as the planning COSTS.—The Secretary shall— ‘‘(1) ESTABLISHMENT.—Not later than 180 days ‘‘(A) evaluate the costs and scope of all na- and demand reports that the States shall pro- after the date of enactment of the Passenger vide to Amtrak. tional assets; and Rail Reform and Investment Act of 2015, the ‘‘(B) determine the activities and costs that ‘‘(c) DISPUTE RESOLUTION.— Secretary of Transportation shall establish the ‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If a are— State-Supported Route Committee (referred to in ‘‘(i) required in order to ensure the efficient dispute arises with respect to the rules and pro- this section as the ‘Committee’) to promote mu- operations of a national rail passenger system; cedures implemented under subsection (a)(4), an tual cooperation and planning pertaining to the ‘‘(ii) appropriate for allocation to 1 of the invoice or a report provided under subsection rail operations of Amtrak and related activities other Amtrak business lines; and (b), implementation or compliance with the cost ‘‘(iii) extraneous to providing an efficient na- of trains operated by Amtrak on State-supported allocation methodology developed under section tional rail passenger system or are too costly rel- routes and to further implement section 209 of 209 of the Passenger Rail Investment and Im- ative to the benefits or performance outcomes the Passenger Rail Investment and Improvement provement Act of 2008 (49 U.S.C. 24101 note) or they provide. Act of 2008 (49 U.S.C. 24101 note). amended under subsection (a)(6) of this section, ‘‘(2) MEMBERSHIP.— ‘‘(5) DEFINITION OF NATIONAL ASSETS.—In this either Amtrak or the State may request that the ‘‘(A) IN GENERAL.—The Committee shall con- section, the term ‘national assets’ means the Na- Surface Transportation Board conduct dispute sist of— resolution under this subsection. tion’s core rail assets shared among Amtrak ‘‘(i) members representing Amtrak; ROCEDURES.—The Surface Transpor- services, including national reservations, secu- ‘‘(ii) members representing the Department of ‘‘(2) P tation Board shall establish procedures for reso- rity, training and training centers, and other Transportation, including the Federal Railroad lution of disputes brought before it under this assets associated with Amtrak’s national rail Administration; and passenger transportation system. ‘‘(iii) members representing States. subsection, which may include provision of pro- ‘‘(6) RESTRUCTURING OF NATIONAL ASSETS.— ‘‘(B) NON-VOTING MEMBERS.—The Committee fessional mediation services. Not later than 1 year after the date of comple- may invite and accept other non-voting members ‘‘(3) BINDING EFFECT.—A decision of the Sur- tion of the evaluation under paragraph (4), the to participate in Committee activities, as appro- face Transportation Board under this subsection Administrator of the Federal Railroad Adminis- priate. shall be binding on the parties to the dispute. tration, in consultation with the Amtrak Board ‘‘(3) DECISIONMAKING.—The Committee shall ‘‘(4) OBLIGATION.—Nothing in this subsection of Directors, the governors of each relevant establish a bloc voting system under which, at a shall affect the obligation of a State to pay an State, and the Mayor of the District of Colum- minimum— amount not in dispute. bia, or their designees, shall restructure or re- ‘‘(A) there are 3 separate voting blocs to rep- ‘‘(d) ASSISTANCE.— allocate, or both, the national assets costs in ac- resent the Committee’s voting members, includ- ‘‘(1) IN GENERAL.—The Secretary may provide cordance with the determination under that sec- ing— assistance to the parties in the course of nego- tion, including making appropriate updates to ‘‘(i) 1 voting bloc to represent the members de- tiations for a contract for operation of a State- Amtrak’s cost accounting methodology and sys- scribed in paragraph (2)(A)(i); supported route. tem. ‘‘(ii) 1 voting bloc to represent the members de- ‘‘(2) FINANCIAL ASSISTANCE.—From among ‘‘(7) EXEMPTION.— scribed in paragraph (2)(A)(ii); and available funds, the Secretary shall provide— ‘‘(A) IN GENERAL.—Upon written request from ‘‘(iii) 1 voting bloc to represent the members ‘‘(A) financial assistance to Amtrak or 1 or the Amtrak Board of Directors, the Secretary described in paragraph (2)(A)(iii); more States to perform requested independent may exempt Amtrak from including in a plan re- ‘‘(B) each voting bloc has 1 vote; technical analysis of issues before the Com- quired under this subsection any information ‘‘(C) the vote of the voting bloc representing mittee; and described in paragraphs (1) and (2). the members described in paragraph (2)(A)(iii) ‘‘(B) administrative expenses that the Sec- ‘‘(B) PUBLIC AVAILABILITY.—The Secretary requires the support of at least two-thirds of retary determines necessary. shall make available to the public on the De- that voting bloc’s members; and ‘‘(e) PERFORMANCE METRICS.—In negotiating partment’s Internet Web site any exemption ‘‘(D) the Committee makes decisions by unani- a contract for operation of a State-supported granted under subparagraph (A) and a detailed mous consent of the 3 voting blocs. route, Amtrak and the State or States that spon- justification for granting such exemption. ‘‘(4) MEETINGS; RULES AND PROCEDURES.—The sor the route shall consider including provisions ‘‘(C) INCLUSION IN PLAN.—Amtrak shall in- Committee shall convene a meeting and shall de- that provide penalties and incentives for per- clude in the plan required under this subsection fine and implement the rules and procedures formance. any request granted under subparagraph (A) governing the Committee’s proceedings not later ‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— and justification under subparagraph (B). than 180 days after the date of establishment of ‘‘(1) IN GENERAL.—The Committee shall de- ‘‘(d) STANDARDS TO PROMOTE FINANCIAL STA- the Committee by the Secretary. The rules and velop a statement of goals, objectives, and asso- BILITY.—In preparing plans under this section, procedures shall— ciated recommendations concerning the future Amtrak shall— ‘‘(A) incorporate and further describe the de- of State-supported routes operated by Amtrak. ‘‘(1) apply sound budgetary practices, includ- cisionmaking procedures to be used in accord- The statement shall identify the roles and re- ing reducing costs and other expenditures, im- ance with paragraph (3); and sponsibilities of Committee members and any proving productivity, increasing revenues, or ‘‘(B) be adopted in accordance with such deci- other relevant entities, such as host railroads, in combinations of such practices; and sionmaking procedures. meeting the identified goals and objectives, or

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The Com- ‘‘(3) the transportation needs of communities the Committee on Transportation and Infra- mittee may consult with such relevant entities, and populations that are not well served by structure of the House of Representatives and as the Committee considers appropriate, when intercity rail passenger transportation service or the Committee on Commerce, Science, and developing the statement. by other forms of intercity transportation; Transportation of the Senate a report con- ‘‘(2) TRANSMISSION OF STATEMENT OF GOALS ‘‘(4) the methodologies of Amtrak and major taining the plan developed pursuant to sub- AND OBJECTIVES.—Not later than 2 years after intercity rail passenger transportation service section (a) and a description of progress in the the date of enactment of the Passenger Rail Re- providers in other countries for determining implementation of the plan.’’. form and Investment Act of 2015, the Committee intercity passenger rail routes and services; (b) CONFORMING AMENDMENT.—The table of shall transmit the statement developed under ‘‘(5) the financial and operational effects on sections for chapter 243 of title 49, United States paragraph (1) to the Committee on Commerce, the overall network, including the effects on di- Code, is further amended by adding at the end Science, and Transportation of the Senate and rect and indirect costs; the following new item: the Committee on Transportation and Infra- ‘‘(6) the views of States, rail carriers that own ‘‘24321. Food and beverage reform.’’. structure of the House of Representatives. infrastructure over which Amtrak operates, SEC. 11208. ROLLING STOCK PURCHASES. ‘‘(g) RULE OF CONSTRUCTION.—The decisions Interstate Compacts established by Congress (a) AMENDMENT.—Chapter 243 of title 49, of the Committee— and States, Amtrak employee representatives, United States Code, is further amended by add- ‘‘(1) shall pertain to the rail operations of Am- stakeholder organizations, and other interested ing at the end the following new section: trak and related activities of trains operated by parties; and Amtrak on State-sponsored routes; and ‘‘(7) the funding levels that will be available ‘‘§ 24322. Rolling stock purchases ‘‘(2) shall not pertain to the rail operations or under authorization levels that have been en- ‘‘(a) IN GENERAL.—Prior to entering into any related activities of services operated by other acted into law. contract in excess of $100,000,000 for rolling rail carriers on State-supported routes. ‘‘(c) RECOMMENDATIONS.—Not later than 1 stock and locomotive procurements Amtrak shall ‘‘(h) DEFINITION OF STATE.—In this section, year after the date of enactment of the Pas- submit a business case analysis to the Secretary the term ‘State’ means any of the 50 States, in- senger Rail Reform and Investment Act of 2015, of Transportation, the Committee on Commerce, cluding the District of Columbia, that sponsor Amtrak shall transmit to the Committee on Com- Science, and Transportation and the Committee the operation of trains by Amtrak on a State- merce, Science, and Transportation of the Sen- on Appropriations of the Senate and the Com- supported route, or a public entity that sponsors ate and the Committee on Transportation and mittee on Transportation and Infrastructure such operation on such a route.’’. Infrastructure of the House of Representatives and the Committee on Appropriations of the (b) TECHNICAL AND CONFORMING AMEND- the recommendations developed by the inde- House of Representatives, on the utility of such MENTS.— pendent entity under subsection (a). procurements. (1) TABLE OF CONTENTS.—The table of con- ‘‘(d) CONSIDERATION OF RECOMMENDATIONS.— ‘‘(b) CONTENTS.—The business case analysis tents for chapter 247 of title 49, United States Not later than 90 days after the date on which shall— Code, is amended by adding at the end the fol- the recommendations are transmitted under sub- ‘‘(1) include a cost and benefit comparison lowing: section (c), the Amtrak Board of Directors shall that describes the total lifecycle costs and the anticipated benefits related to revenue, oper- ‘‘24712. State-supported routes operated by Am- consider the adoption of each recommendation ational efficiency, reliability, and other factors; trak.’’. and transmit to the Committee on Commerce, ‘‘(2) set forth the total payments by fiscal (2) PASSENGER RAIL INVESTMENT AND IMPROVE- Science, and Transportation of the Senate and the Committee on Transportation and Infra- year; MENT ACT.—Section 209 of the Passenger Rail ‘‘(3) identify the specific source and amounts Investment and Improvement Act of 2008 (49 structure of the House of Representatives a re- port explaining the reasons for adopting or not of funding for each payment, including Federal U.S.C. 24101 note) is amended— funds, State funds, Amtrak profits, Federal, (A) by striking subsection (b); and adopting each recommendation.’’. State, or private loans or loan guarantees, and (B) by redesignating subsections (c) and (d) as SEC. 11207. FOOD AND BEVERAGE REFORM. other funding; subsections (b) and (c), respectively. (a) AMENDMENT.—Chapter 243 of title 49, ‘‘(4) include an explanation of whether any SEC. 11205. COMPOSITION OF AMTRAK’S BOARD United States Code, is further amended by add- payment under the contract will increase Am- OF DIRECTORS. ing at the end the following new section: trak’s funding request in its general and legisla- Section 24302 of title 49, United States Code, is ‘‘§ 24321. Food and beverage reform tive annual report required under section amended— ‘‘(a) PLAN.—Not later than 90 days after the 24315(b) in a particular fiscal year; and (1) in subsection (a)(1)— date of enactment of the Passenger Rail Reform ‘‘(5) describe how Amtrak will adjust the pro- (A) by striking ‘‘9 directors’’ and inserting ‘‘10 and Investment Act of 2015, Amtrak shall de- curement if future funding is not available. directors’’; velop and begin implementing a plan to elimi- ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this (B) in subparagraph (B) by inserting ‘‘, who nate, within 5 years of such date of enactment, section shall be construed as requiring Amtrak shall serve as a nonvoting member of the the operating loss associated with providing to disclose confidential information regarding a Board’’ after ‘‘Amtrak’’; and food and beverage service on board Amtrak potential vendor’s proposed pricing or other sen- (C) in subparagraph (C) by striking ‘‘7’’ and trains. sitive business information prior to contract exe- inserting ‘‘8’’; and ‘‘(b) CONSIDERATIONS.—In developing and im- cution or prohibiting Amtrak from entering into (2) in subsection (e), by inserting ‘‘who are el- plementing the plan, Amtrak shall consider a a contract after submission of a business case igible to vote’’ after ‘‘serving’’. combination of cost management and revenue analysis under subsection (a).’’. SEC. 11206. ROUTE AND SERVICE PLANNING DECI- generation initiatives, including— (b) CONFORMING AMENDMENT.—The table of SIONS. ‘‘(1) scheduling optimization; sections for chapter 243 of title 49, United States Section 208 of the Passenger Rail Investment ‘‘(2) on-board logistics; Code, is further amended by adding at the end and Improvement Act of 2008 (49 U.S.C. 24101 ‘‘(3) product development and supply chain the following new item: note) is amended to read as follows: efficiency; ‘‘24322. Rolling stock purchases.’’. ‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE ‘‘(4) training, awards, and accountability; SEC. 11209. LOCAL PRODUCTS AND PRO- AND SERVICE PLANNING DECISIONS. ‘‘(5) technology enhancements and process im- MOTIONAL EVENTS. ‘‘(a) METHODOLOGY DEVELOPMENT.—Not later provements; and (a) IN GENERAL.—Not later than 6 months than 180 days after the date of enactment of the ‘‘(6) ticket revenue allocation. after the date of enactment of this Act, Amtrak Passenger Rail Reform and Investment Act of ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure shall establish a pilot program for a State or 2015, Amtrak shall obtain the services of an that no Amtrak employee holding a position as States that sponsor a State-supported route op- independent entity to develop and recommend of the date of enactment of the Passenger Rail erated by Amtrak to facilitate— objective methodologies for Amtrak to use in de- Reform and Investment Act of 2015 is involun- (1) onboard purchase and sale of local food termining what intercity rail passenger trans- tarily separated because of— and beverage products; and portation routes and services it should provide, ‘‘(1) the development and implementation of (2) partnerships with local entities to hold including the establishment of new routes, the the plan required under subsection (a); or promotional events on trains or in stations. elimination of existing routes, and the contrac- ‘‘(2) any other action taken by Amtrak to im- (b) PROGRAM DESIGN.—The pilot program tion or expansion of services or frequencies over plement this section. under paragraph (1) shall— such routes. ‘‘(d) NO FEDERAL FUNDING FOR OPERATING (1) allow a State or States to nominate and se- ‘‘(b) CONSIDERATIONS.—Amtrak shall require LOSSES.—Beginning on the date that is 5 years lect a local food and beverage products supplier the independent entity, in developing the meth- after the date of enactment of the Passenger or suppliers or local promotional event partner; odologies described in subsection (a), to con- Rail Reform and Investment Act of 2015, no Fed- (2) allow a State or States to charge a reason- sider— eral funds may be used to cover any operating able price or fee for local food and beverage ‘‘(1) the current and expected performance loss associated with providing food and bev- products or promotional events and related ac- and service quality of intercity rail passenger erage service on a route operated by Amtrak or tivities to help defray the costs of program ad- transportation operations, including cost recov- a rail carrier that operates a route in lieu of ministration and State-supported routes; and ery, on-time performance, ridership, on-board Amtrak pursuant to section 24711. (3) provide a mechanism to ensure that State services, stations, facilities, equipment, and ‘‘(e) REPORT.—Not later than 120 days after products can effectively be handled and inte- other services; the date of enactment of the Passenger Rail Re- grated into existing food and beverage services, ‘‘(2) the connectivity of a route with other form and Investment Act of 2015, and annually including compliance with all applicable regula- routes; thereafter for 5 years, Amtrak shall transmit to tions and standards governing such services.

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(c) PROGRAM ADMINISTRATION.—The pilot pro- (1) SERVICE ANIMALS.—The pilot program a Request for Information for 1 or more owners gram shall— under subsection (a) shall be separate from and of stations served by Amtrak to formally express (1) for local food and beverage products, en- in addition to the policy governing Amtrak pas- an interest in completing the requirements of sure the products are integrated into existing sengers traveling with service animals. Nothing this section. food and beverage services, including compli- in this section may be interpreted to limit or (c) PROPOSALS.— ance with all applicable regulations and stand- waive the rights of passengers to transport serv- (1) REQUEST FOR PROPOSALS.—Not later than ards; ice animals. 180 days after the date the Request for Informa- (2) for promotional events, ensure the events (2) ADDITIONAL TRAIN CARS.—Nothing in this tion is issued under subsection (b), Amtrak shall are held in compliance with all applicable regu- section may be interpreted to require Amtrak to issue a Request for Proposals from qualified per- lations and standards, including terms to ad- add additional train cars or modify existing sons, including small business concerns owned dress insurance requirements; and train cars. and controlled by socially and economically dis- (3) require an annual report that documents (3) FEDERAL FUNDS.—No Federal funds may advantaged individuals and veteran-owned revenues and costs and indicates whether the be used to implement the pilot program required small businesses, to lead, participate, or partner products or events resulted in a reduction in the under this section. with Amtrak, a station owner that responded under subsection (b), and other entities in en- financial contribution of a State or States to the SEC. 11211. RIGHT-OF-WAY LEVERAGING. applicable State-supported route. hancing development in and around such sta- (a) REQUEST FOR PROPOSALS.— (d) REPORT.—Not later than 4 years after the tions and terminals using applicable options (1) IN GENERAL.—Not later than 1 year after date of enactment of this Act, Amtrak shall re- identified under subsection (a) at facilities se- the date of enactment of this Act, Amtrak shall port to the Committee on Commerce, Science, lected by Amtrak. issue a Request for Proposals seeking qualified and Transportation of the Senate and the Com- (2) CONSIDERATION OF PROPOSALS.—Not later persons or entities to utilize right-of-way and mittee on Transportation and Infrastructure of than 1 year after the date the Request for Pro- real estate owned, controlled, or managed by the House of Representatives on which States posals is issued under paragraph (1), the Am- Amtrak for telecommunications systems, energy have participated in the pilot programs under trak Board of Directors shall review and con- distribution systems, and other activities consid- this section. The report shall summarize the fi- sider qualified proposals submitted under para- ered appropriate by Amtrak. nancial and operational outcomes of the pilot graph (1). Amtrak or a station owner that re- (2) CONTENTS.—The Request for Proposals programs and include any plan for future ac- sponded under subsection (b) may enter into shall provide sufficient information on the tion. such agreements as are necessary to implement right-of-way and real estate assets to enable re- (e) RULE OF CONSTRUCTION.—Nothing in this any qualified proposal. section shall be construed as limiting Amtrak’s spondents to propose an arrangement that will (d) REPORT.—Not later than 4 years after the ability to operate special trains in accordance monetize or generate additional revenue from date of enactment of this Act, Amtrak shall with section 216 of the Passenger Rail Invest- such assets through revenue sharing or leasing transmit to the Committee on Commerce, ment and Improvement Act of 2008 (49 U.S.C. agreements with Amtrak, to the extent possible. Science, and Transportation of the Senate and 24308 note). (3) DEADLINE.—Amtrak shall set a deadline the Committee on Transportation and Infra- for the submission of proposals that is not later structure of the House of Representatives a re- SEC. 11210. AMTRAK PILOT PROGRAM FOR PAS- SENGERS TRANSPORTING DOMES- than 1 year after the issuance of the Request for port on the Request for Proposals process re- TICATED CATS AND DOGS. Proposals under paragraph (1). quired under this section, including summary (a) IN GENERAL.—Not later than 1 year after (b) CONSIDERATION OF PROPOSALS.—Not later information of any qualified proposals sub- the date of enactment of this Act, Amtrak shall than 180 days after the deadline for the receipt mitted to Amtrak and any proposals acted upon develop a pilot program that allows passengers of proposals under subsection (a), the Amtrak by Amtrak or a station owner that responded to transport domesticated cats or dogs on cer- Board of Directors shall review and consider under subsection (b). tain trains operated by Amtrak. each qualified proposal. Amtrak may enter into (e) DEFINITIONS.—In this section, the terms (b) PET POLICY.—In developing the pilot pro- such agreements as are necessary to implement ‘‘small business concern’’, ‘‘socially and eco- gram required under subsection (a), Amtrak any qualified proposal. nomically disadvantaged individual’’, and ‘‘vet- shall— (c) REPORT.—Not later than 1 year after the eran-owned small business’’ have the meanings (1) in the case of a passenger train that is deadline for the receipt of proposals under sub- given the terms in section 11310(c) of this Act. comprised of more than 1 car, designate, where section (a), Amtrak shall transmit to the Com- (f) SAVINGS CLAUSE.—Nothing in this section feasible, at least 1 car in which a ticketed pas- mittee on Commerce, Science, and Transpor- shall be construed to limit Amtrak’s ability to senger may transport a domesticated cat or dog tation of the Senate and the Committee on develop its stations, terminals, or other assets, to in the same manner as carry-on baggage if— Transportation and Infrastructure of the House constrain Amtrak’s ability to enter into and (A) the cat or dog is contained in a pet ken- of Representatives a report on the Request for carry out agreements with other parties to en- nel; Proposals required by this section, including hance development at or around Amtrak sta- (B) the pet kennel complies with Amtrak size summary information of any proposals sub- tions or terminals, or to affect any station devel- requirements for carriage of carry-on baggage; mitted to Amtrak and any proposals accepted by opment initiatives ongoing as of the date of en- (C) the passenger is traveling on a train oper- the Amtrak Board of Directors. actment of this Act. ating on a route described in subparagraph (A), (d) SAVINGS CLAUSE.—Nothing in this section SEC. 11213. AMTRAK BOARDING PROCEDURES. (B), or (D) of section 24102(7) of title 49, United shall be construed to limit Amtrak’s ability to (a) REPORT.—Not later than 9 months after States Code; and utilize right-of-way or real estate assets that it the date of enactment of this Act, the Amtrak (D) the passenger pays a fee described in currently owns, controls, or manages or con- Office of Inspector General shall submit a report paragraph (3); strain Amtrak’s ability to enter into agreements to the Committee on Commerce, Science, and (2) allow a ticketed passenger to transport a with other parties to utilize such assets. Transportation of the Senate and the Committee domesticated cat or dog on a train in the same SEC. 11212. STATION DEVELOPMENT. on Transportation and Infrastructure of the manner as cargo if— House of Representatives that— (a) REPORT ON DEVELOPMENT OPTIONS.—Not (A) the cat or dog is contained in a pet ken- (1) evaluates Amtrak’s boarding procedures later than 1 year after the date of enactment of nel; for passengers, including passengers using or this Act, Amtrak shall submit a report to the (B) the pet kennel complies with Amtrak size transporting nonmotorized transportation, such Committee on Commerce, Science, and Transpor- requirements for carriage of carry-on baggage; as bicycles, at its 15 stations through which the tation of the Senate and the Committee on (C) the passenger is traveling on a train oper- most people pass; ating on a route described in subparagraph (A), Transportation and Infrastructure of the House (2) compares Amtrak’s boarding procedures (B), or (D) of section 24102(7) of title 49, United of Representatives that describes— to— States Code; (1) options to enhance economic development (A) boarding procedures of providers of com- (D) the cargo area is temperature controlled in and accessibility of and around Amtrak stations muter railroad passenger transportation at sta- a manner protective of cat and dog safety and and terminals, for the purposes of— tions shared with Amtrak; health; and (A) improving station condition, functionality, (B) international intercity passenger rail (E) the passenger pays a fee described in capacity, and customer amenities; boarding procedures; and paragraph (3); and (B) generating additional investment capital (C) fixed guideway transit boarding proce- (3) collect fees for each cat or dog transported and development-related revenue streams; dures; and by a ticketed passenger in an amount that, in (C) increasing ridership and revenue; and (3) makes recommendations, as appropriate, to the aggregate and at a minimum, covers the full (D) strengthening multimodal connections, in- improve Amtrak’s boarding procedures, includ- costs of the pilot program. cluding transit, intercity buses, roll-on and roll- ing recommendations regarding the queuing of (c) REPORT.—Not later than 1 year after the off bicycles, and airports, as appropriate; and passengers and free-flow of all station users and pilot program required under subsection (a) is (2) options for additional Amtrak stops that facility improvements needed to achieve the rec- first implemented, Amtrak shall transmit to the would have a positive incremental financial im- ommendations. Committee on Commerce, Science, and Transpor- pact to Amtrak, based on Amtrak feasibility (b) CONSIDERATION OF RECOMMENDATIONS.— tation of the Senate and the Committee on studies that demonstrate a financial benefit to Not later than 6 months after the report is sub- Transportation and Infrastructure of the House Amtrak by generating additional revenue that mitted under subsection (a), the Amtrak Board of Representatives a report containing an eval- exceeds any incremental costs. of Directors shall consider each recommendation uation of the pilot program. (b) REQUEST FOR INFORMATION.—Not later provided under subsection (a)(3) for implementa- (d) LIMITATION ON STATUTORY CONSTRUC- than 90 days after the date the report is sub- tion at appropriate locations across the Amtrak TION.— mitted under subsection (a), Amtrak shall issue system.

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SEC. 11214. AMTRAK DEBT. ‘‘(c) ELIGIBLE PROJECTS.—The following ‘‘(D) If applicable, the consistency of the pro- Section 205 of the Passenger Rail Investment projects are eligible to receive grants under this posed project with planning guidance and docu- and Improvement Act of 2008 (49 U.S.C. 24101 section: ments set forth by the Secretary or required by note) is amended— ‘‘(1) Deployment of railroad safety tech- law or State rail plans developed under chapter (1) by striking ‘‘as of the date of enactment of nology, including positive train control and rail 227. this Act’’ each place it appears; integrity inspection systems. ‘‘(E) If applicable, any technical evaluation (2) in subsection (a)— ‘‘(2) A capital project as defined in section ratings the proposed project received under pre- (A) by inserting ‘‘, to the extent provided in 24401(2), except that a project shall not be re- vious competitive grant programs administered advance in appropriations Acts’’ after ‘‘Am- quired to be in a State rail plan developed under by the Secretary. trak’s indebtedness’’; and chapter 227. ‘‘(F) Such other factors as the Secretary con- (B) by striking the second sentence; ‘‘(3) A capital project identified by the Sec- siders relevant to the successful delivery of the (3) in subsection (b) by striking ‘‘The Sec- retary as being necessary to address congestion project. retary of the Treasury, in consultation’’ and in- challenges affecting rail service. ‘‘(3) BENEFITS.—The benefits described in serting ‘‘To the extent amounts are provided in ‘‘(4) A capital project identified by the Sec- paragraph (1)(B) may include the effects on sys- advance in appropriations Acts, the Secretary of retary as being necessary to reduce congestion tem and service performance, including meas- the Treasury, in consultation’’; and facilitate ridership growth in intercity pas- ures such as improved safety, competitiveness, (4) in subsection (d), by inserting ‘‘, to the ex- senger rail transportation along heavily traveled reliability, trip or transit time, resilience, effi- tent provided in advance in appropriations rail corridors. ciencies from improved integration with other Acts’’ after ‘‘as appropriate’’; ‘‘(5) A highway-rail grade crossing improve- modes, the ability to meet existing or anticipated (5) in subsection (e)— (A) in paragraph (1) by striking ‘‘by section ment project, including installation, repair, or demand, and any other benefits. 102 of this division’’; and improvement of grade separations, railroad ‘‘(f) PERFORMANCE MEASURES.—The Secretary (B) in paragraph (2) by striking ‘‘by section crossing signals, gates, and related technologies, shall establish performance measures for each 102’’ and inserting ‘‘for Amtrak’’; highway traffic signalization, highway lighting grant recipient to assess progress in achieving (6) in subsection (g) by inserting ‘‘, unless and crossing approach signage, roadway im- strategic goals and objectives. The Secretary that debt receives credit assistance, including provements such as medians or other barriers, may require a grant recipient to periodically re- direct loans and loan guarantees, under chapter railroad crossing panels and surfaces, and safe- port information related to such performance 6 of title 23, United States Code or title V of the ty engineering improvements to reduce risk in measures. Railroad Revitalization and Regulatory Reform quiet zones or potential quiet zones. ‘‘(g) RURAL AREAS.— Act of 1976 (45 U.S.C. 821 et seq.)’’ after ‘‘Sec- ‘‘(6) A rail line relocation and improvement ‘‘(1) IN GENERAL.—Of the amounts appro- retary’’; and project. priated under this section, at least 25 percent (7) by striking subsection (h). ‘‘(7) A capital project to improve short-line or shall be available for projects in rural areas. SEC. 11215. ELIMINATION OF DUPLICATIVE RE- regional railroad infrastructure. The Secretary shall consider a project to be in a PORTING. ‘‘(8) The preparation of regional rail and cor- rural area if all or the majority of the project Not later than 1 year after the date of enact- ridor service development plans and cor- (determined by the geographic location or loca- ment of this Act, the Secretary shall— responding environmental analyses. tions where the majority of the project funds (1) review existing Amtrak reporting require- ‘‘(9) Any project that the Secretary considers will be spent) is located in a rural area. ments and identify where the existing require- necessary to enhance multimodal connections or ‘‘(2) DEFINITION OF RURAL AREA.—In this sub- ments are duplicative with the business line and facilitate service integration between rail service section, the term ‘rural area’ means any area asset plans required by section 24320 of title 49, and other modes, including between intercity not in an urbanized area, as defined by the Bu- United States Code, or any other planning or re- rail passenger transportation and intercity bus reau of the Census. porting requirements under Federal law or regu- service or commercial air service. ‘‘(h) FEDERAL SHARE OF TOTAL PROJECT lation; ‘‘(10) The development and implementation of COSTS.— (2) if the duplicative requirements identified a safety program or institute designed to im- ‘‘(1) TOTAL PROJECT COSTS.—The Secretary under paragraph (1) are administrative, elimi- prove rail safety. shall estimate the total costs of a project under nate such requirements; and ‘‘(11) Any research that the Secretary con- this section based on the best available informa- (3) submit to Congress a report with any rec- siders necessary to advance any particular as- tion, including any available engineering stud- ommendations for repealing any other duplica- pect of rail-related capital, operations, or safety ies, studies of economic feasibility, environ- tive requirements. improvements. mental analyses, and information on the ex- Subtitle C—Intercity Passenger Rail Policy ‘‘(12) Workforce development and training ac- pected use of equipment or facilities. tivities, coordinated to the extent practicable ‘‘(2) FEDERAL SHARE.—The Federal share of SEC. 11301. CONSOLIDATED RAIL INFRASTRUC- TURE AND SAFETY IMPROVEMENTS. with the existing local training programs sup- total project costs under this section shall not (a) IN GENERAL.—Chapter 244 of title 49, ported by the Department of Transportation, exceed 80 percent. United States Code, is amended by adding at the the Department of Labor, and the Department ‘‘(3) TREATMENT OF PASSENGER RAIL REV- end the following: of Education. ENUE.—If Amtrak or another rail carrier is an ‘‘(d) APPLICATION PROCESS.—The Secretary applicant under this section, Amtrak or the ‘‘§ 24407. Consolidated rail infrastructure and shall prescribe the form and manner of filing an other rail carrier, as applicable, may use ticket safety improvements application under this section. and other revenues generated from its oper- ‘‘(a) GENERAL AUTHORITY.—The Secretary ‘‘(e) PROJECT SELECTION CRITERIA.— ations and other sources to satisfy the non-Fed- may make grants under this section to an eligi- ‘‘(1) IN GENERAL.—In selecting a recipient of a eral share requirements. ble recipient to assist in financing the cost of grant for an eligible project, the Secretary ‘‘(i) APPLICABILITY.—Except as specifically improving passenger and freight rail transpor- shall— provided in this section, the use of any amounts tation systems in terms of safety, efficiency, or ‘‘(A) give preference to a proposed project for appropriated for grants under this section shall reliability. which the proposed Federal share of total be subject to the requirements of this chapter. ‘‘(b) ELIGIBLE RECIPIENTS.—The following en- project costs does not exceed 50 percent; and ‘‘(j) AVAILABILITY.—Amounts appropriated for tities are eligible to receive a grant under this ‘‘(B) after factoring in preference to projects carrying out this section shall remain available section: under subparagraph (A), select projects that until expended. ‘‘(1) A State. will maximize the net benefits of the funds ap- ‘‘(k) LIMITATION.—The requirements of sec- ‘‘(2) A group of States. propriated for use under this section, consid- tions 24402, 24403, and 24404 and the definition ‘‘(3) An Interstate Compact. ‘‘(4) A public agency or publicly chartered au- ering the cost-benefit analysis of the proposed contained in 24401(1) shall not apply to this sec- thority established by 1 or more States. project, including anticipated private and public tion. ‘‘(5) A political subdivision of a State. benefits relative to the costs of the proposed ‘‘(l) SPECIAL TRANSPORTATION CIR- ‘‘(6) Amtrak or another rail carrier that pro- project and factoring in the other considerations CUMSTANCES.— vides intercity rail passenger transportation (as described in paragraph (2). ‘‘(1) IN GENERAL.—In carrying out this chap- defined in section 24102). ‘‘(2) OTHER CONSIDERATIONS.—The Secretary ter, the Secretary shall allocate an appropriate ‘‘(7) A Class II railroad or Class III railroad shall also consider the following: portion of the amounts available to programs in (as those terms are defined in section 20102). ‘‘(A) The degree to which the proposed this chapter to provide grants to States— ‘‘(8) Any rail carrier or rail equipment manu- project’s business plan considers potential pri- ‘‘(A) in which there is no intercity passenger facturer in partnership with at least 1 of the en- vate sector participation in the financing, con- rail service, for the purpose of funding freight tities described in paragraphs (1) through (5). struction, or operation of the project. rail capital projects that are on a State rail plan ‘‘(9) The Transportation Research Board and ‘‘(B) The recipient’s past performance in de- developed under chapter 227 that provide public any entity with which it contracts in the devel- veloping and delivering similar projects, and benefits (as defined in chapter 227), as deter- opment of rail-related research, including coop- previous financial contributions. mined by the Secretary; or erative research programs. ‘‘(C) Whether the recipient has or will have ‘‘(B) in which the rail transportation system ‘‘(10) A University transportation center en- the legal, financial, and technical capacity to is not physically connected to rail systems in the gaged in rail-related research. carry out the proposed project, satisfactory con- continental United States or may not otherwise ‘‘(11) A non-profit labor organization rep- tinuing control over the use of the equipment or qualify for a grant under this section due to the resenting a class or craft of employees of rail facilities, and the capability and willingness to unique characteristics of the geography of that carriers or rail carrier contractors. maintain the equipment or facilities. State or other relevant considerations, for the

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purpose of funding transportation-related cap- ‘‘(B) is contained in the planning document ‘‘(1) TOTAL PROJECT COST.—The Secretary ital projects. developed under section 24904 and for which a shall estimate the total cost of a project under ‘‘(2) DEFINITION.—For the purposes of this cost-allocation policy has been developed under this section based on the best available informa- subsection, the term ‘appropriate portion’ means section 24905(c), or is contained in an equivalent tion, including engineering studies, studies of a share, for each State subject to paragraph (1), planning document and for which a similar economic feasibility, environmental analyses, not less than the share of the total railroad cost-allocation policy has been developed; and and information on the expected use of equip- route miles in such State of the total railroad ‘‘(C) was not in a state of good repair on the ment or facilities. route miles in the United States, excluding from date of enactment of the Passenger Rail Reform ‘‘(2) FEDERAL SHARE.—The Federal share of all totals the route miles exclusively used for and Investment Act of 2015. total costs for a project under this section shall tourist, scenic, and excursion railroad oper- ‘‘(b) GRANT PROGRAM AUTHORIZED.—The Sec- not exceed 80 percent. ations.’’. retary of Transportation shall develop and im- ‘‘(3) TREATMENT OF AMTRAK REVENUE.—If Am- (b) CONFORMING AMENDMENT.—The table of plement a program for issuing grants to appli- trak is an applicant under this section, Amtrak contents of chapter 244 of title 49, United States cants, on a competitive basis, to fund capital may use ticket and other revenues generated Code, is amended by adding after the item relat- projects that reduce the state of good repair from its operations and other sources to satisfy ing to section 24406 the following: backlog with respect to qualified railroad assets. the non-Federal share requirements. ‘‘24407. Consolidated rail infrastructure and ‘‘(c) ELIGIBLE PROJECTS.—Projects eligible for ‘‘(g) LETTERS OF INTENT.— safety improvements.’’. grants under this section include capital ‘‘(1) IN GENERAL.—The Secretary shall, to the (c) REPEALS.— projects to replace or rehabilitate qualified rail- maximum extent practicable, issue a letter of in- (1) Sections 20154 and 20167 of chapter 201 of road assets, including— tent to a grantee under this section that— title 49, United States Code, and the items relat- ‘‘(1) capital projects to replace existing assets ‘‘(A) announces an intention to obligate, for a ing to such sections in the table of contents of in-kind; major capital project under this section, an such chapter, are repealed. ‘‘(2) capital projects to replace existing assets amount from future available budget authority (2) Section 24105 of chapter 241 of title 49, with assets that increase capacity or provide a specified in law that is not more than the United States Code, and the item relating to higher level of service; amount stipulated as the financial participation such section in the table of contents of such ‘‘(3) capital projects to ensure that service can of the Secretary in the project; and chapter, is repealed. be maintained while existing assets are brought ‘‘(B) states that the contingent commitment— (3) Chapter 225 of title 49, United States Code, to a state of good repair; and ‘‘(i) is not an obligation of the Federal Gov- and the item relating to such chapter in the ‘‘(4) capital projects to bring existing assets ernment; and table of contents of subtitle V of such title, is re- into a state of good repair. ‘‘(ii) is subject to the availability of appropria- pealed. ‘‘(d) PROJECT SELECTION CRITERIA.—In select- tions for grants under this section and subject to (4) Section 22108 of chapter 221 of title 49, ing an applicant for a grant under this section, Federal laws in force or enacted after the date United States Code, and the item relating to the Secretary shall— of the contingent commitment. such section in the table of contents of such ‘‘(1) give preference to eligible projects for ‘‘(2) CONGRESSIONAL NOTIFICATION.— chapter, are repealed. which— ‘‘(A) IN GENERAL.—Not later than 30 days be- ‘‘(A) Amtrak is not the sole applicant; fore issuing a letter under paragraph (1), the SEC. 11302. FEDERAL-STATE PARTNERSHIP FOR ‘‘(B) applications were submitted jointly by STATE OF GOOD REPAIR. Secretary shall submit written notification to— multiple applicants; and (a) AMENDMENT.—Chapter 249 of title 49, ‘‘(i) the Committee on Commerce, Science, and ‘‘(C) the proposed Federal share of total United States Code, is amended by inserting Transportation of the Senate; project costs does not exceed 50 percent; and after section 24910 the following: ‘‘(ii) the Committee on Appropriations of the ‘‘(2) take into account— Senate; ‘‘§ 24911. Federal-State partnership for state ‘‘(A) the cost-benefit analysis of the proposed ‘‘(iii) the Committee on Transportation and of good repair project, including anticipated private and public Infrastructure of the House of Representatives; ‘‘(a) DEFINITIONS.—In this section: benefits relative to the costs of the proposed and ‘‘(1) APPLICANT.—The term ‘applicant’ project, including— ‘‘(iv) the Committee on Appropriations of the means— ‘‘(i) effects on system and service performance; House of Representatives. ‘‘(A) a State (including the District of Colum- ‘‘(ii) effects on safety, competitiveness, reli- ‘‘(B) CONTENTS.—The notification submitted bia); ability, trip or transit time, and resilience; pursuant to subparagraph (A) shall include— ‘‘(B) a group of States; ‘‘(iii) efficiencies from improved integration ‘‘(i) a copy of the proposed letter; ‘‘(C) an Interstate Compact; with other modes; and ‘‘(ii) the criteria used under subsection (d) for ‘‘(D) a public agency or publicly chartered ‘‘(iv) ability to meet existing or anticipated de- selecting the project for a grant award; and authority established by 1 or more States; mand; ‘‘(iii) a description of how the project meets ‘‘(E) a political subdivision of a State; ‘‘(B) the degree to which the proposed such criteria. ‘‘(F) Amtrak, acting on its own behalf or project’s business plan considers potential pri- ‘‘(3) APPROPRIATIONS REQUIRED.—An obliga- under a cooperative agreement with 1 or more vate sector participation in the financing, con- tion or administrative commitment may be made States; or struction, or operation of the proposed project; under this section only when amounts are ap- ‘‘(G) any combination of the entities described ‘‘(C) the applicant’s past performance in de- propriated for such purpose. in subparagraphs (A) through (F). veloping and delivering similar projects, and ‘‘(h) AVAILABILITY.—Amounts appropriated ‘‘(2) CAPITAL PROJECT.—The term ‘capital previous financial contributions; for carrying out this section shall remain avail- project’ means— ‘‘(D) whether the applicant has, or will able until expended. ‘‘(A) a project primarily intended to replace, have— ‘‘(i) GRANT CONDITIONS.—Except as specifi- rehabilitate, or repair major infrastructure as- ‘‘(i) the legal, financial, and technical capac- cally provided in this section, the use of any sets utilized for providing intercity rail pas- ity to carry out the project; amounts appropriated for grants under this sec- senger service, including tunnels, bridges, sta- ‘‘(ii) satisfactory continuing control over the tion shall be subject to the grant conditions tions, and other assets, as determined by the use of the equipment or facilities; and under section 24405.’’. Secretary; or ‘‘(iii) the capability and willingness to main- (b) CONFORMING AMENDMENT.—The table of ‘‘(B) a project primarily intended to improve tain the equipment or facilities; contents for chapter 249 is amended by inserting intercity passenger rail performance, including ‘‘(E) if applicable, the consistency of the after the item relating to section 24910 the fol- reduced trip times, increased train frequencies, project with planning guidance and documents lowing: higher operating speeds, and other improve- set forth by the Secretary or required by law; ‘‘24911. Federal-State partnership for state of ments, as determined by the Secretary. and good repair.’’. ‘‘(3) INTERCITY RAIL PASSENGER TRANSPOR- ‘‘(F) any other relevant factors, as determined TATION.—The term ‘intercity rail passenger by the Secretary. SEC. 11303. RESTORATION AND ENHANCEMENT transportation’ has the meaning given the term ‘‘(e) NORTHEAST CORRIDOR PROJECTS.— GRANTS. in section 24102. ‘‘(1) COMPLIANCE WITH USAGE AGREEMENTS.— (a) IN GENERAL.—Chapter 244 of title 49, ‘‘(4) NORTHEAST CORRIDOR.—The term ‘North- Grant funds may not be provided under this sec- United States Code, is further amended by add- east Corridor’ means— tion to an eligible recipient for an eligible ing at the end the following: ‘‘(A) the main rail line between Boston, Mas- project located on the Northeast Corridor unless ‘‘§ 24408. Restoration and enhancement grants sachusetts and the District of Columbia; Amtrak and the public authorities providing ‘‘(a) APPLICANT DEFINED.—Notwithstanding ‘‘(B) the branch rail lines connecting to Har- commuter rail passenger transportation on the section 24401(1), in this section, the term ‘appli- risburg, Pennsylvania, Springfield, Massachu- Northeast Corridor are in compliance with sec- cant’ means— setts, and Spuyten Duyvil, New York; and tion 24905(c)(2). ‘‘(1) a State, including the District of Colum- ‘‘(C) facilities and services used to operate ‘‘(2) CAPITAL INVESTMENT PLAN.—When select- bia; and maintain lines described in subparagraphs ing projects located on the Northeast Corridor, ‘‘(2) a group of States; (A) and (B). the Secretary shall consider the appropriate se- ‘‘(3) an Interstate Compact; ‘‘(5) QUALIFIED RAILROAD ASSET.—The term quence and phasing of projects as contained in ‘‘(4) a public agency or publicly chartered au- ‘qualified railroad asset’ means infrastructure, the Northeast Corridor capital investment plan thority established by 1 or more States; equipment, or a facility that— developed pursuant to section 24904(a). ‘‘(5) a political subdivision of a State; ‘‘(A) is owned or controlled by an eligible ap- ‘‘(f) FEDERAL SHARE OF TOTAL PROJECT ‘‘(6) Amtrak or another rail carrier that pro- plicant; COSTS.— vides intercity rail passenger transportation;

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00118 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8767 ‘‘(7) Any rail carrier in partnership with at ‘‘(7) that would foster economic development, (B) in the chapter heading by striking least 1 of the entities described in paragraphs (1) particularly in rural communities and for dis- ‘‘INTERCITY PASSENGER RAIL SERVICE through (5); and advantaged populations; CORRIDOR CAPITAL ASSISTANCE’’ and in- ‘‘(8) any combination of the entities described ‘‘(8) that would provide other non-transpor- serting ‘‘RAIL IMPROVEMENT GRANTS’’; in paragraphs (1) through (7). tation benefits; and (C) in section 24402 by striking subsection (j); ‘‘(b) GRANTS AUTHORIZED.—The Secretary of ‘‘(9) that would enhance connectivity and ge- and Transportation shall develop and implement a ographic coverage of the existing national net- (D) in section 24405— program for issuing operating assistance grants work of intercity rail passenger service. (i) in subsection (b)(2) by striking ‘‘(43’’ and to applicants, on a competitive basis, for the ‘‘(e) LIMITATIONS.— inserting ‘‘(45’’; purpose of initiating, restoring, or enhancing ‘‘(1) DURATION.—Federal operating assistance (ii) in subsection (c)(2)(B) by striking ‘‘protec- intercity rail passenger transportation. grants authorized under this section for any in- tive arrangements established’’ and inserting ‘‘(c) APPLICATION.—An applicant for a grant dividual intercity rail passenger transportation ‘‘protective arrangements that are equivalent to under this section shall submit to the Sec- route may not provide funding for more than 3 the protective arrangements established’’; retary— years and may not be renewed. (iii) in subsection (d)(1), in the matter pre- ‘‘(1) a capital and mobilization plan that— ‘‘(2) LIMITATION.—Not more than 6 of the op- ceding subparagraph (A), by inserting ‘‘or un- ‘‘(A) describes any capital investments, service erating assistance grants awarded pursuant to less Amtrak ceased providing intercity passenger planning actions (such as environmental re- subsection (b) may be simultaneously active. railroad transportation over the affected route views), and mobilization actions (such as quali- ‘‘(3) MAXIMUM FUNDING.—Grants described in more than 3 years before the commencement of fication of train crews) required for initiation of paragraph (1) may not exceed— new service’’ after ‘‘unless such service was pro- intercity rail passenger transportation; and ‘‘(A) 80 percent of the projected net operating vided solely by Amtrak to another entity’’; and ‘‘(B) includes the timeline for undertaking costs for the first year of service; (iv) in subsection (f) by striking ‘‘under this and completing each of the investments and ac- ‘‘(B) 60 percent of the projected net operating chapter for commuter rail passenger transpor- tions referred to in subparagraph (A); costs for the second year of service; and tation, as defined in section 24102(4) of this ‘‘(2) an operating plan that describes the ‘‘(C) 40 percent of the projected net operating title.’’ and inserting ‘‘under this chapter for planned operation of the service, including— costs for the third year of service. commuter rail passenger transportation (as de- ‘‘(A) the identity and qualifications of the ‘‘(f) USE WITH CAPITAL GRANTS AND OTHER fined in section 24102(3)).’’; and train operator; FEDERAL FUNDING.—A recipient of an operating ABLE OF CHAPTERS AMENDMENT.—The ‘‘(B) the identity and qualifications of any (2) T assistance grant under subsection (b) may use item relating to chapter 244 in the table of chap- other service providers; that grant in combination with other Federal ‘‘(C) service frequency; ters of subtitle V of title 49, United States Code, ‘‘(D) the planned routes and schedules; grants awarded that would benefit the applica- is amended by striking ‘‘Intercity passenger rail ‘‘(E) the station facilities that will be utilized; ble service. service corridor capital assistance’’ and insert- ‘‘(F) projected ridership, revenues, and costs; ‘‘(g) AVAILABILITY.—Amounts appropriated ing ‘‘Rail improvement grants’’. ‘‘(G) descriptions of how the projections under for carrying out this section shall remain avail- SEC. 11304. GULF COAST RAIL SERVICE WORKING subparagraph (F) were developed; able until expended. GROUP. ‘‘(H) the equipment that will be utilized, how ‘‘(h) COORDINATION WITH AMTRAK.—If the (a) IN GENERAL.—Not later than 90 days after such equipment will be acquired or refurbished, Secretary awards a grant under this section to the date of enactment of this Act, the Secretary and where such equipment will be maintained; a rail carrier other than Amtrak, Amtrak may shall convene a working group to evaluate the and be required consistent with section 24711(c)(1) of restoration of intercity rail passenger service in ‘‘(I) a plan for ensuring safe operations and this title to provide access to its reservation sys- the Gulf Coast region between New Orleans, compliance with applicable safety regulations; tem, stations, and facilities that are directly re- Louisiana, and Orlando, Florida. ‘‘(3) a funding plan that— lated to operations to such carrier, to the extent (b) MEMBERSHIP.—The working group con- ‘‘(A) describes the funding of initial capital necessary to carry out the purposes of this sec- vened pursuant to subsection (a) shall consist of costs and operating costs for the first 3 years of tion. The Secretary may award an appropriate representatives of— operation; portion of the grant to Amtrak as compensation (1) the Federal Railroad Administration, ‘‘(B) includes a commitment by the applicant for this access. which shall serve as chair of the working group; to provide the funds described in subparagraph ‘‘(i) CONDITIONS.— (2) Amtrak; (A) to the extent not covered by Federal grants ‘‘(1) GRANT AGREEMENT.—The Secretary shall (3) the States along the proposed route or and revenues; and require a grant recipient under this section to routes; ‘‘(C) describes the funding of operating costs enter into a grant agreement that requires such (4) regional transportation planning organiza- and capital costs, to the extent necessary, after recipient to provide similar information regard- tions and metropolitan planning organizations, the first 3 years of operation; and ing the route performance, financial, and rider- municipalities, and communities along the pro- ‘‘(4) a description of the status of negotiations ship projections, and capital and business plans posed route or routes, which shall be selected by and agreements with— that Amtrak is required to provide, and such the Administrator; ‘‘(A) each of the railroads or regional trans- other data and information as the Secretary (5) the Southern Rail Commission; portation authorities whose tracks or facilities considers necessary. (6) railroad carriers whose tracks may be used would be utilized by the service; ‘‘(2) INSTALLMENTS; TERMINATION.—The Sec- ‘‘(B) the anticipated railroad carrier, if such for such service; and retary may— (7) other entities determined appropriate by entity is not part of the applicant group; and ‘‘(A) award grants under this section in in- ‘‘(C) any other service providers or entities ex- the Secretary, which may include other railroad stallments, as the Secretary considers appro- pected to provide services or facilities that will carriers that express an interest in Gulf Coast priate; and be used by the service, including any required service. ‘‘(B) terminate any grant agreement upon— access to Amtrak systems, stations, and facilities (c) RESPONSIBILITIES.—The working group ‘‘(i) the cessation of service; or shall— if Amtrak is not part of the applicant group. ‘‘(ii) the violation of any other term of the ‘‘(d) PRIORITIES.—In awarding grants under (1) evaluate all options for restoring intercity grant agreement. this section, the Secretary shall give priority to rail passenger service in the Gulf Coast region, ‘‘(3) GRANT CONDITIONS.—The Secretary shall applications— including options outlined in the report trans- require each recipient of a grant under this sec- ‘‘(1) for which planning, design, any environ- mitted to Congress pursuant to section 226 of the tion to comply with the grant requirements of mental reviews, negotiation of agreements, ac- Passenger Rail Investment and Improvement Act section 24405. quisition of equipment, construction, and other of 2008 (division B of Public Law 110–432); ‘‘(j) REPORT.—Not later than 4 years after the actions necessary for initiation of service have (2) select a preferred option for restoring such date of enactment of the Passenger Rail Reform been completed or nearly completed; service; ‘‘(2) that would restore service over routes for- and Investment Act of 2015, the Secretary, after (3) develop a prioritized inventory of capital merly operated by Amtrak, including routes de- consultation with grant recipients under this projects and other actions required to restore scribed in section 11304 of the Passenger Rail section, shall submit to Congress a report that such service and cost estimates for such projects Reform and Investment Act of 2015; describes— or actions; and ‘‘(3) that would provide daily or daytime serv- ‘‘(1) the implementation of this section; (4) identify Federal and non-Federal funding ice over routes where such service did not pre- ‘‘(2) the status of the investments and oper- sources required to restore such service, includ- viously exist; ations funded by such grants; ing options for entering into public-private part- ‘‘(4) that include funding (including funding ‘‘(3) the performance of the routes funded by nerships to restore such service. from railroads), or other significant participa- such grants; (d) REPORT.—Not later than 9 months after tion by State, local, and regional governmental ‘‘(4) the plans of grant recipients for contin- the date of enactment of this Act, the working and private entities; ued operation and funding of such routes; and group shall submit a report to the Committee on ‘‘(5) that include a funding plan that dem- ‘‘(5) any legislative recommendations.’’. Commerce, Science, and Transportation of the onstrates the intercity rail passenger service will (b) CONFORMING AMENDMENTS.— Senate and the Committee on Transportation be financially sustainable beyond the 3-year (1) CHAPTER 244.—Chapter 244 of title 49, and Infrastructure of the House of Representa- grant period; United States Code, is further amended— tives that includes— ‘‘(6) that would provide service to regions and (A) in the table of contents by adding at the (1) the preferred option selected under sub- communities that are underserved or not served end the following: section (c)(2) and the reasons for selecting such by other intercity public transportation; ‘‘24408. Restoration and enhancement grants.’’; option;

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(2) the information described in subsection Transportation Board, the Committee on Com- ‘‘(1) REQUIREMENT.—Not later than May 1 of (c)(3); merce, Science, and Transportation of the Sen- each year, the Northeast Corridor Commission (3) the funding sources identified under sub- ate, and the Committee on Transportation and established under section 24905 (referred to in section (c)(4); Infrastructure of the House of Representatives; this section as the ‘Commission’) shall— (4) the costs and benefits of restoring intercity ‘‘(D) not later than October 1, 2015, adopt and ‘‘(A) develop a capital investment plan for the rail passenger transportation in the region; and implement the policy in accordance with the Northeast Corridor; and (5) any other information the working group timetable; and ‘‘(B) submit the capital investment plan to the determines appropriate. ‘‘(E) with the consent of a majority of its Secretary of Transportation and the Committee (e) FUNDING.—From funds made available members, petition the Surface Transportation on Commerce, Science, and Transportation of under section 11101(d), the Secretary shall pro- Board to appoint a mediator to assist the Com- the Senate and the Committee on Transpor- vide— mission members through nonbinding mediation tation and Infrastructure of the House of Rep- (1) financial assistance to the working group to reach an agreement under this section.’’; resentatives. to perform requested independent technical (3) in paragraph (2)— ‘‘(2) CONTENTS.—The capital investment plan analysis of issues before the working group; and (A) by striking ‘‘formula proposed in’’ and in- shall— (2) administrative expenses that the Secretary serting ‘‘policy developed under’’; and ‘‘(A) reflect coordination and network optimi- determines necessary. (B) in the second sentence— zation across the entire Northeast Corridor; (i) by striking ‘‘the timetable, the Commission SEC. 11305. NORTHEAST CORRIDOR COMMISSION. ‘‘(B) integrate the individual capital and serv- shall petition the Surface Transportation Board ice plans developed by each operator using the (a) COMPOSITION.—Section 24905(a) of title 49, to’’ and inserting ‘‘paragraph (1)(D) or fail to United States Code, is amended— methods described in the cost allocation policy comply with the policy thereafter, the Surface (1) in paragraph (1)— developed under section 24905(c); Transportation Board shall’’; and (A) in the matter preceding subparagraph (A) ‘‘(C) cover a period of 5 fiscal years, beginning (ii) by striking ‘‘amounts for such services in with the first fiscal year after the date on which by inserting ‘‘, infrastructure investments,’’ accordance with section 24904(c) of this title’’ after ‘‘rail operations’’; the plan is completed; and inserting ‘‘for such usage in accordance ‘‘(D) notwithstanding section 24902(b), iden- (B) by striking subparagraph (B) and insert- with the procedures and procedural schedule tify, prioritize, and phase the implementation of ing the following: applicable to a proceeding under section projects and programs to achieve the service ‘‘(B) members representing the Department of 24903(c), after taking into consideration the pol- outcomes identified in the Northeast Corridor Transportation, including the Office of the Sec- icy developed under paragraph (1)(A), as appli- service development plan and the asset condi- retary, the Federal Railroad Administration, cable’’; tion needs identified in the Northeast Corridor and the Federal Transit Administration;’’; and (4) in paragraph (3), by striking ‘‘formula’’ (C) in subparagraph (D) by inserting ‘‘and asset management plans, once available, and and inserting ‘‘policy’’; and commuter’’ after ‘‘freight’’; and consider— (5) by adding at the end the following: ‘‘(i) the benefits and costs of capital invest- (2) by amending paragraph (6) to read as fol- ‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If a ments in the plan; lows: dispute arises with the implementation of, or ‘‘(ii) project and program readiness; ‘‘(6) The members of the Commission shall compliance with, the policy developed under ‘‘(iii) the operational impacts; and elect co-chairs consisting of 1 member described paragraph (1), the Commission, Amtrak, or pub- ‘‘(iv) Federal and non-Federal funding avail- in paragraph (1)(B) and 1 member described in lic authorities providing commuter rail pas- ability; paragraph (1)(C).’’. senger transportation on the Northeast Corridor ‘‘(E) categorize capital projects and programs (b) STATEMENT OF GOALS AND RECOMMENDA- may request that the Surface Transportation as primarily associated with— TIONS.—Section 24905(b) of title 49, United Board conduct dispute resolution. The Surface ‘‘(i) normalized capital replacement and basic States Code, is amended— Transportation Board shall establish procedures infrastructure renewals; (1) in paragraph (1) by inserting ‘‘and periodi- for resolution of disputes brought before it ‘‘(ii) replacement or rehabilitation of major cally update’’ after ‘‘develop’’; under this paragraph, which may include the Northeast Corridor infrastructure assets, includ- (2) in paragraph (2)(A) by striking ‘‘beyond provision of professional mediation services.’’. ing tunnels, bridges, stations, and other assets; those specified in the state-of-good-repair plan (d) CONFORMING AMENDMENTS.— ‘‘(iii) statutory, regulatory, or other legal under section 211 of the Passenger Rail Invest- (1) TITLE 49.—Section 24905 of title 49, United mandates; ment and Improvement Act of 2008’’; and States Code, is amended— ‘‘(iv) improvements to support service en- (3) by adding at the end the following: (A) in the section heading by striking ‘‘INFRA- hancements or growth; or ‘‘(3) SUBMISSION OF STATEMENT OF GOALS, STRUCTURE AND OPERATIONS ADVISORY’’; ‘‘(v) strategic initiatives that will improve RECOMMENDATIONS, AND PERFORMANCE RE- (B) in subsection (a)— overall operational performance or lower costs; PORTS.—The Commission shall submit to the (i) in the heading by striking ‘‘INFRASTRUC- ‘‘(F) identify capital projects and programs Committee on Commerce, Science, and Transpor- TURE AND OPERATIONS ADVISORY’’; and that are associated with more than 1 category tation of the Senate and the Committee on (ii) by striking ‘‘Infrastructure and Oper- described in subparagraph (E); Transportation and Infrastructure of the House ations Advisory’’; ‘‘(G) describe the anticipated outcomes of each of Representatives— (C) by striking subsection (d); project or program, including an assessment of— ‘‘(A) any updates made to the statement of (D) by redesignating subsections (e) and (f) as ‘‘(i) the potential effect on passenger accessi- goals developed under paragraph (1) not later subsections (d) and (e), respectively; bility, operations, safety, reliability, and resil- than 60 days after such updates are made; and (E) in subsection (d), as so redesignated— iency; ‘‘(B) annual performance reports and rec- (i) by striking ‘‘to the Commission’’ and in- ‘‘(ii) the ability of infrastructure owners and ommendations for improvements, as appropriate, serting ‘‘to the Secretary for the use of the Com- operators to meet regulatory requirements if the issued not later than March 31 of each year, for mission and the Northeast Corridor Safety Com- project or program is not funded; and ‘‘(iii) the benefits and costs; and the prior fiscal year, which summarize— mittee’’; and (ii) by striking ‘‘for the period encompassing ‘‘(H) include a financial plan. ‘‘(i) the operations and performance of com- fiscal years 2009 through 2013 to carry out this ‘‘(3) FINANCIAL PLAN.—The financial plan muter, intercity, and freight rail transportation section’’ and inserting ‘‘to carry out this section under paragraph (2)(H) shall— along the Northeast Corridor; and during fiscal years 2016 through 2020, in addi- ‘‘(A) identify funding sources and financing ‘‘(ii) the delivery of the capital investment methods; plan described in section 24904.’’. tion to any amounts withheld under section 11101(g) of the Passenger Rail Reform and In- ‘‘(B) identify the expected allocated shares of (c) COST ALLOCATION POLICY.—Section costs pursuant to the cost allocation policy de- 24905(c) of title 49, United States Code, is vestment Act of 2015’’; and (F) in subsection (e)(2), as so redesignated, by veloped under section 24905(c); amended— striking ‘‘on the main line.’’ and inserting ‘‘on ‘‘(C) identify the projects and programs that (1) in the subsection heading by striking ‘‘AC- the main line and meet annually with the Com- the Commission expects will receive Federal fi- CESS COSTS’’ and inserting ‘‘ALLOCATION OF mission on the topic of Northeast Corridor safe- nancial assistance; and COSTS’’; ‘‘(D) identify the eligible entity or entities ty and security.’’. (2) in paragraph (1)— (2) TABLE OF CONTENTS.—The table of con- that the Commission expects will receive the (A) in the paragraph heading by striking tents for chapter 249 of title 49, United States Federal financial assistance described under ‘‘FORMULA’’ and inserting ‘‘POLICY’’; Code, is amended by striking the item relating to subparagraph (C) and implement each capital (B) in the matter preceding subparagraph (A) section 24905 and inserting the following: project. by striking ‘‘Within 2 years after the date of en- ‘‘(b) FAILURE TO DEVELOP A CAPITAL INVEST- ‘‘24905. Northeast Corridor Commission.’’. actment of the Passenger Rail Investment and MENT PLAN.—If a capital investment plan has Improvement Act of 2008, the Commission’’ and SEC. 11306. NORTHEAST CORRIDOR PLANNING. not been developed by the Commission for a inserting ‘‘The Commission’’; (a) AMENDMENT.—Chapter 249 of title 49, given fiscal year, then the funds assigned to the (C) in subparagraph (A) by striking ‘‘for- United States Code, is amended— Northeast Corridor account established under mula’’ and inserting ‘‘policy’’; and (1) by redesignating section 24904 as section section 24317(b) for that fiscal year may be spent (D) by striking subparagraphs (B) through 24903; and only on— (D) and inserting the following: (2) by inserting after section 24903, as so re- ‘‘(1) capital projects described in clause (i) or ‘‘(B) develop a proposed timetable for imple- designated, the following: (iii) of subsection (a)(2)(E) of this section; or menting the policy; ‘‘§ 24904. Northeast Corridor planning ‘‘(2) capital projects described in subsection ‘‘(C) submit the policy and the timetable de- ‘‘(a) NORTHEAST CORRIDOR CAPITAL INVEST- (a)(2)(E)(iv) or (v) of this section that are for veloped under subparagraph (B) to the Surface MENT PLAN.— the sole benefit of Amtrak.

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‘‘(c) NORTHEAST CORRIDOR ASSET MANAGE- tance route described in subsection (a) for an governance entity responsible for provision of MENT.— operation period of 4 years from the date of com- intercity rail passenger transportation and a ‘‘(1) CONTENTS.—With regard to its infrastruc- mencement of service by the winning bidder rail carrier with a written agreement with an- ture, Amtrak and each State and public trans- and, at the option of the Secretary, consistent other rail carrier or rail carriers that own the portation entity that owns infrastructure that with the rule promulgated under subsection (a), infrastructure over which Amtrak operates a supports or provides for intercity rail passenger allow the contract to be renewed for 1 addi- long-distance route and that host or would host transportation on the Northeast Corridor shall tional operation period of 4 years; the intercity rail passenger transportation. develop an asset management system and de- ‘‘(B) require the Secretary to— ‘‘(4) PERFORMANCE STANDARDS.—The perform- velop and update, as necessary, a Northeast ‘‘(i) notify the petitioner and Amtrak of re- ance standards required under paragraph Corridor asset management plan for each service ceipt of the petition under subparagraph (A) (1)(E)(i) shall meet or exceed the performance territory described in subsection (a) that— and to publish in the Federal Register a notice required of or achieved by Amtrak on the appli- ‘‘(A) is consistent with the Federal Transit of receipt not later than 30 days after the date cable route during the last fiscal year. Administration process, as authorized under of receipt; ‘‘(5) AGREEMENT GOVERNING ACCESS ISSUES.— section 5326, when implemented; and ‘‘(ii) establish a deadline, of not more than 120 Unless the winning bidder already has applica- ‘‘(B) includes, at a minimum— days after the notice of receipt is published in ble access rights or agreements in place or in- ‘‘(i) an inventory of all capital assets owned the Federal Register under clause (i), by which cludes a rail carrier that owns the infrastruc- by the developer of the asset management plan; both the petitioner and Amtrak, if Amtrak ture used in the operation of the route, a win- ‘‘(ii) an assessment of asset condition; chooses to do so, would be required to submit a ning bidder that is not or does not include Am- ‘‘(iii) a description of the resources and proc- complete bid to provide intercity rail passenger trak shall enter into a written agreement gov- esses necessary to bring or maintain those assets transportation over the applicable route; and erning access issues between the winning bidder in a state of good repair, including decision-sup- ‘‘(iii) upon selecting a winning bid, publish in and the rail carrier or rail carriers that own the port tools and investment prioritization meth- the Federal Register the identity of the winning infrastructure over which the winning bidder ods; and bidder, the long distance route that the bidder would operate and that host or would host the ‘‘(iv) a description of changes in asset condi- will operate, a detailed justification of the rea- intercity rail passenger transportation. tion since the previous version of the plan. sons why the Secretary selected the bid, and ‘‘(c) ACCESS TO FACILITIES; EMPLOYEES.—If ‘‘(2) TRANSMITTAL.—Each entity described in any other information the Secretary determines the Secretary awards the right and obligation to paragraph (1) shall transmit to the Commis- appropriate for public comment for a reasonable provide intercity rail passenger transportation sion— period of time not to exceed 30 days after the over a route described in this section to an eligi- ‘‘(A) not later than 2 years after the date of date on which the Secretary selects the bid; ble petitioner— enactment of the Passenger Rail Reform and In- ‘‘(C) require that each bid— ‘‘(1) the Secretary shall, if necessary to carry vestment Act of 2015, a Northeast Corridor asset ‘‘(i) describe the capital needs, financial pro- out the purposes of this section, require Amtrak management plan developed under paragraph jections, and operational plans, including staff- to provide access to the Amtrak-owned reserva- (1); and ing plans, for the service, and such other factors tion system, stations, and facilities directly re- ‘‘(B) at least biennially thereafter, an update as the Secretary considers appropriate; and lated to operations of the awarded routes to the ‘‘(ii) be made available by the winning bidder to such plan. eligible petitioner awarded a contract under this to the public after the bid award with any ap- ‘‘(d) NORTHEAST CORRIDOR SERVICE DEVELOP- section, in accordance with subsection (g); MENT PLAN UPDATES.—Not less frequently than propriate redactions for confidential or propri- ‘‘(2) an employee of any person, except as pro- once every 10 years, the Commission shall up- etary information; vided in a collective bargaining agreement, used ‘‘(D) for a route that receives funding from a date the Northeast Corridor service development by such eligible petitioner in the operation of a State or States, require that for each bid re- plan. route under this section shall be considered an ceived from a petitioner described in paragraph ‘‘(e) DEFINITION OF NORTHEAST CORRIDOR.— employee of that eligible petitioner and subject (3), other than such State or States, the Sec- In this section, the term ‘Northeast Corridor’ to the applicable Federal laws and regulations retary have the concurrence of the State or means the main line between Boston, Massachu- governing similar crafts or classes of employees setts, and the District of Columbia, and the States that provide funding for that route; and ‘‘(E) for a winning bidder that is not or does of Amtrak; and Northeast Corridor branch lines connecting to ‘‘(3) the winning bidder shall provide hiring not include Amtrak, require the Secretary to Harrisburg, Pennsylvania, Springfield, Massa- preference to qualified Amtrak employees dis- execute a contract not later than 270 days after chusetts, and Spuyten Duyvil, New York, in- placed by the award of the bid, consistent with the deadline established under subparagraph cluding the facilities and services used to oper- the staffing plan submitted by the bidder, and (B)(ii) and award to the winning bidder— ate and maintain those lines.’’. ‘‘(i) subject to paragraphs (4) and (5), the shall be subject to the grant conditions under (b) CONFORMING AMENDMENTS.— right and obligation to provide intercity rail section 24405. (1) NOTE AND MORTGAGE.—Section 24907(a) of ‘‘(d) CESSATION OF SERVICE.—If an eligible pe- passenger transportation over that route subject title 49, United States Code, is amended by strik- titioner awarded a route under this section to such performance standards as the Secretary ing ‘‘section 24904 of this title’’ and inserting ceases to operate the service or fails to fulfill an may require; and ‘‘section 24903’’. ‘‘(ii) an operating subsidy, as determined by obligation under a contract required under sub- (2) TABLE OF CONTENTS.—The table of con- the Secretary, for— section (b)(1)(E), the Secretary, in collaboration tents for chapter 249 of title 49, United States ‘‘(I) the first year at a level that does not ex- with the Surface Transportation Board, shall Code, is amended— ceed 90 percent of the level in effect for that spe- take any necessary action consistent with this (A) by redesignating the item relating to sec- cific route during the fiscal year preceding the title to enforce the contract and ensure the con- tion 24904 as relating to section 24903; and fiscal year in which the petition was received, tinued provision of service, including— (B) by inserting after the item relating to sec- adjusted for inflation; and ‘‘(1) the installment of an interim rail carrier; tion 24903, as so redesignated, the following: ‘‘(II) any subsequent years at the level cal- ‘‘(2) providing to the interim rail carrier under ‘‘24904. Northeast Corridor planning.’’. culated under subclause (I), adjusted for infla- paragraph (1) an operating subsidy necessary to (3) REPEAL.—Section 211 of the Passenger Rail tion. provide service; and Investment and Improvement Act of 2008 (49 ‘‘(2) LIMITATION.—The requirements under ‘‘(3) rebidding the contract to operate the U.S.C. 24902 note) is repealed. paragraph (1)(E), including the amounts of op- intercity rail passenger transportation. ‘‘(e) BUDGET AUTHORITY.— SEC. 11307. COMPETITION. erating subsidies in the first and any subsequent years under paragraph (1)(E)(ii), shall not ‘‘(1) IN GENERAL.—The Secretary shall provide (a) COMPETITIVE PASSENGER RAIL SERVICE to a winning bidder that is not or does not in- PILOT PROGRAM.—Section 24711 of title 49, apply to a winning bidder that is or includes Amtrak. clude Amtrak and that is selected under this United States Code, is amended to read as fol- section any appropriations withheld under sec- lows: ‘‘(3) ELIGIBLE PETITIONERS.—The following parties are eligible to submit petitions under tion 11101(e) of the Passenger Rail Reform and ‘‘§ 24711. Competitive passenger rail service paragraph (1): Investment Act of 2015, or any subsequent ap- pilot program ‘‘(A) A rail carrier or rail carriers that own propriation for the same purpose, necessary to ‘‘(a) IN GENERAL.—Not later than 18 months the infrastructure over which Amtrak operates a cover the operating subsidy described in sub- after the date of enactment of the Passenger long-distance route, or another rail carrier that section (b)(1)(E)(ii). Rail Reform and Investment Act of 2015, the has a written agreement with a rail carrier or ‘‘(2) ATTRIBUTABLE COSTS.—If the Secretary Secretary of Transportation shall promulgate a rail carriers that own such infrastructure. selects a winning bidder that is not or does not rule to implement a pilot program for competi- ‘‘(B) A State, group of States, or State-sup- include Amtrak, the Secretary shall provide to tive selection of eligible petitioners described in ported joint powers authority or other sub-State Amtrak an appropriate portion of the appro- subsection (b)(3) in lieu of Amtrak to operate governance entity responsible for provision of priations under section 11101(b) of the Passenger not more than 3 long-distance routes (as defined intercity rail passenger transportation with a Rail Reform and Investment Act of 2015, or any in section 24102) operated by Amtrak on the date written agreement with the rail carrier or rail subsequent appropriation for the same purpose, of enactment of such Act. carriers that own the infrastructure over which to cover any cost directly attributable to the ter- ‘‘(b) PILOT PROGRAM REQUIREMENTS.— Amtrak operates a long-distance route and that mination of Amtrak service on the route and ‘‘(1) IN GENERAL.—The pilot program shall— host or would host the intercity rail passenger any indirect costs to Amtrak imposed on other ‘‘(A) allow a petitioner described in paragraph transportation. Amtrak routes as a result of losing service on (3) to petition the Secretary to provide intercity ‘‘(C) A State, group of States, or State-sup- the route operated by the winning bidder. Any rail passenger transportation over a long-dis- ported joint powers authority or other sub-State amount provided by the Secretary to Amtrak

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00121 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8770 CONGRESSIONAL RECORD — HOUSE December 1, 2015 under this paragraph shall not be deducted from (C) the Empire Corridor; project will accommodate and allow for future or have any effect on the operating subsidy de- (D) the Pacific Northwest Corridor; growth of existing and projected intercity, com- scribed in subsection (b)(1)(E)(ii). (E) the South Central Corridor; muter, and freight rail service; ‘‘(f) REPORTING.—If the Secretary does not (F) the Gulf Coast Corridor; (K) a description of how the project would promulgate the final rule before the deadline (G) the Chicago Hub Network; comply with Federal and State environmental under subsection (a), the Secretary shall, not (H) the Florida Corridor; laws and regulations, of what environmental later than 19 months after the date of enactment (I) the Keystone Corridor; impacts would result from the project, and of of the Passenger Rail Reform and Investment (J) the Northern New England Corridor; and how any adverse impacts would be mitigated; (K) the Southeast Corridor. Act of 2015 and every 90 days thereafter until and (2) SUBMISSION.—Proposals shall be submitted the rule is complete, notify the Committee on (L) a description of the project’s impacts on to the Secretary not later than 180 days after Commerce, Science, and Transportation of the highway and aviation congestion, energy con- the publication of the request for proposals Senate and the Committee on Transportation sumption, land use, and economic development under paragraph (1). and Infrastructure of the House of Representa- in the service area. (3) PERFORMANCE STANDARD.—Proposals sub- (b) DETERMINATION AND ESTABLISHMENT OF tives in writing— mitted under paragraph (2) shall meet any COMMISSIONS.—Not later than 90 days after re- ‘‘(1) the reasons why the rule has not been standards established by the Secretary. For cor- ceipt of the proposals under subsection (a), the issued; ridors with existing intercity passenger rail serv- Secretary shall— ‘‘(2) a plan for completing the rule as soon as ice, proposals shall also be designed to achieve (1) make a determination as to whether any reasonably practicable; and a reduction of existing minimum intercity rail such proposals— ‘‘(3) the estimated date of completion of the service trip times between the main corridor city (A) contain the information required under rule. pairs by a minimum of 25 percent. In the case of ISPUTES.— paragraphs (3) and (4) of subsection (a); ‘‘(g) D a proposal submitted with respect to paragraph ‘‘(1) PETITIONING SURFACE TRANSPORTATION (B) are sufficiently credible to warrant further (1)(A), the proposal shall be designed to achieve BOARD.—If Amtrak and the eligible petitioner consideration; a 2-hour or less express service between Wash- awarded a route under this section cannot agree (C) are likely to result in a positive impact on ington, District of Columbia, and New York upon terms to carry out subsection (c)(1), either the Nation’s transportation system; and City, New York. party may petition the Surface Transportation (D) are cost-effective and in the public inter- (4) CONTENTS.—A proposal submitted under est; Board for a determination as to— this subsection shall include— (2) establish a commission for each corridor ‘‘(A) whether access to Amtrak’s facility or (A) the names and qualifications of the per- with 1 or more proposals that the Secretary de- equipment, or the provisions of services by Am- sons submitting the proposal and the entities termines satisfy the requirements of paragraph trak, is necessary under subsection (c)(1); and proposed to finance, design, construct, operate, (1); and ‘‘(B) whether the operation of Amtrak’s other and maintain the railroad, railroad equipment, (3) forward to each commission established services will not be unreasonably impaired by and related facilities, stations, and infrastruc- under paragraph (2) the applicable proposals for such access. ture; review and consideration. ‘‘(2) SURFACE TRANSPORTATION BOARD DETER- (B) a detailed description of the proposed rail (c) COMMISSIONS.— MINATION.—If the Surface Transportation Board service, including possible routes, required in- (1) MEMBERS.—Each commission established determines access to Amtrak’s facilities or equip- frastructure investments and improvements, under subsection (b)(2) shall include— ment, or the provision of services by Amtrak, is equipment needs and type, train frequencies, (A) the Governors of the affected States, or necessary under paragraph (1)(A) and the oper- peak and average operating speeds, and trip ation of Amtrak’s other services will not be un- their respective designees; times; (B) mayors of appropriate municipalities with reasonably impaired under paragraph (1)(B), (C) a description of how the project would stops along the proposed corridor, or their re- the Board shall issue an order that— comply with all applicable Federal rail safety spective designees; ‘‘(A) requires Amtrak to provide the applicable and security laws, orders, and regulations; (C) a representative from each freight railroad facilities, equipment, and services; and (D) the locations of proposed stations, which carrier using the relevant corridor, if applicable; ‘‘(B) determines reasonable compensation, li- maximize the usage of existing infrastructure to (D) a representative from each transit author- ability, and other terms for the use of the facili- the extent possible, and the populations such ity using the relevant corridor, if applicable; ties and equipment and the provision of the stations are intended to serve; (E) representatives of nonprofit employee services. (E) the type of equipment to be used, includ- labor organizations representing affected rail- ‘‘(h) LIMITATION.—Not more than 3 long-dis- ing any technologies, to achieve trip time goals; tance routes may be selected under this section (F) a description of any proposed legislation road employees; and for operation by a winning bidder that is not or needed to facilitate all aspects of the project; (F) the President of Amtrak or his or her des- does not include Amtrak. (G) a financing plan identifying— ignee. ‘‘(i) PRESERVATION OF RIGHT TO COMPETITION (i) projected revenue, and sources thereof; (2) APPOINTMENT AND SELECTION.—The Sec- ON STATE-SUPPORTED ROUTES.—Nothing in this (ii) the amount of any requested public con- retary shall appoint the members under para- section shall be construed as prohibiting a State tribution toward the project, and proposed graph (1). In selecting each commission’s mem- from introducing competition for intercity rail sources; bers to fulfill the requirements under subpara- passenger transportation or services on its (iii) projected annual ridership projections for graphs (B) and (E) of paragraph (1), the Sec- State-supported route or routes. the first 10 years of operations; retary shall consult with the Chairperson and ‘‘(j) SAVINGS CLAUSE.—Nothing in this section (iv) annual operations and capital costs; Ranking Member of the Committee on Com- shall affect Amtrak’s access rights to railroad (v) the projected levels of capital investments merce, Science, and Transportation of the Sen- rights-of-way and facilities.’’. required both initially and in subsequent years ate and of the Committee on Transportation and (b) CONFORMING AMENDMENT.—The table of to maintain a state-of-good-repair necessary to Infrastructure of the House of Representatives. contents for section 24711 of title 49, United provide the initially proposed level of service or (3) CHAIRPERSON AND VICE-CHAIRPERSON SE- States Code, is amended to read as follows: higher levels of service; LECTION.—The Chairperson and Vice-Chair- (vi) projected levels of private investment and person shall be elected from among members of ‘‘24711. Competitive passenger rail service pilot sources thereof, including the identity of any each commission. program.’’. person or entity that has made or is expected to (4) QUORUM AND VACANCY.— (c) REPORT.—Not later than 4 years after the make a commitment to provide or secure funding (A) QUORUM.—A majority of the members of date of implementation of the pilot program and the amount of such commitment; and each commission shall constitute a quorum. under section 24711 of title 49, United States (vii) projected funding for the full fair market (B) VACANCY.—Any vacancy in each commis- Code, and quadrennially thereafter until the compensation for any asset, property right or sion shall not affect its powers and shall be pilot program is discontinued, the Secretary interest, or service acquired from, owned, or filled in the same manner in which the original shall submit to the Committee on Commerce, held by a private person or Federal entity that appointment was made. Science, and Transportation of the Senate and would be acquired, impaired, or diminished in (d) COMMISSION CONSIDERATION.— the Committee on Transportation and Infra- value as a result of a project, except as other- (1) IN GENERAL.—Each commission established structure of the House of Representatives a re- wise agreed to by the private person or entity; under subsection (b)(2) shall be responsible for port on the results of the pilot program to date (H) a description of how the project would reviewing the proposal or proposals forwarded and any recommendations for further action. contribute to the development of a national to it under that subsection and, not later than SEC. 11308. PERFORMANCE-BASED PROPOSALS. high-speed passenger rail system and an inter- 90 days after the establishment of the commis- (a) SOLICITATION OF PROPOSALS.— modal plan describing how the system will fa- sion, shall transmit to the Secretary a report, in- (1) IN GENERAL.—Not later than 30 days after cilitate convenient travel connections with other cluding— the date of enactment of this Act, the Secretary transportation services; (A) a summary of each proposal received; shall issue a request for proposals for projects (I) a description of how the project will ensure (B) services to be provided under each pro- for the financing, design, construction, oper- compliance with Federal laws governing the posal, including projected ridership, revenues, ation, and maintenance of a high-speed pas- rights and status of employees associated with and costs; senger rail system operating within a high-speed the route and service, including those specified (C) proposed public and private contributions rail corridor, including— in section 24405 of title 49, United States Code; for each proposal; (A) the Northeast Corridor; (J) a description of how the design, construc- (D) the advantages offered by the proposal (B) the California Corridor; tion, implementation, and operation of the over existing intercity passenger rail services;

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00122 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8771 (E) public operating subsidies or assets needed are adequate to undertake the program estab- such term in section 3 of the Small Business Act for the proposed project; lished under this section. (15 U.S.C. 632), except that the term does not in- (F) possible risks to the public associated with (h) DEFINITIONS.—In this section: clude any concern or group of concerns con- the proposal, including risks associated with (1) INTERCITY PASSENGER RAIL.—The term trolled by the same socially and economically project financing, implementation, completion, ‘‘intercity passenger rail’’ has the meaning disadvantaged individual or individuals that safety, and security; given the term in section 24102 of title 49, United have average annual gross receipts during the (G) a ranked list of the proposals rec- States Code. preceding 3 fiscal years in excess of $22,410,000, ommended for further consideration under sub- (2) STATE.—The term ‘‘State’’ means any of as adjusted annually by the Secretary for infla- section (e) in accordance with each proposal’s the 50 States or the District of Columbia. tion. projected positive impact on the Nation’s trans- SEC. 11309. LARGE CAPITAL PROJECT REQUIRE- (2) SOCIALLY AND ECONOMICALLY DISADVAN- portation system; MENTS. TAGED INDIVIDUAL.—The term ‘‘socially and eco- (H) an identification of any proposed Federal Section 24402 of title 49, United States Code, is nomically disadvantaged individual’’ has the legislation that would facilitate implementation amended by inserting after subsection (i) the fol- meaning given such term in section 8(d) of the of the projects and Federal legislation that lowing: Small Business Act (15 U.S.C. 637(d)) and rel- would be required to implement the projects; and ‘‘(j) LARGE CAPITAL PROJECT REQUIRE- evant subcontracting regulations issued pursu- (I) any other recommendations by the commis- MENTS.— ant to such Act, except that women shall be pre- sion concerning the proposed projects. ‘‘(1) IN GENERAL.—For a grant awarded under sumed to be socially and economically disadvan- (2) VERBAL PRESENTATION.—Proposers shall be this chapter for an amount in excess of taged individuals for purposes of this section. given an opportunity to make a verbal presen- $1,000,000,000, the following conditions shall (3) VETERAN-OWNED SMALL BUSINESS.—The tation to the commission to explain their pro- apply: term ‘‘veteran-owned small business’’ has the posals. ‘‘(A) The Secretary may not obligate any meaning given the term ‘‘small business concern (3) AUTHORIZATION OF APPROPRIATIONS.— funding unless the applicant demonstrates, to owned and controlled by veterans’’ in section There is authorized to be appropriated to the the satisfaction of the Secretary, that the appli- 3(q)(3) of the Small Business Act (15 U.S.C. Secretary for the use of each commission estab- cant has committed, and will be able to fulfill, 632(q)(3)), except that the term does not include lished under subsection (b)(2) such sums as are the non-Federal share required for the grant any concern or group of concerns controlled by necessary to carry out this section. within the applicant’s proposed project comple- the same veterans that have average annual (e) SELECTION BY SECRETARY.— tion timetable. gross receipts during the preceding 3 fiscal years (1) IN GENERAL.—Not later than 60 days after ‘‘(B) The Secretary may not obligate any in excess of $22,410,000, as adjusted annually by receiving the recommended proposals of the com- funding for work activities that occur after the the Secretary for inflation. missions established under subsection (b)(2), the completion of final design unless— SEC. 11311. SHARED-USE STUDY. Secretary shall— ‘‘(i) the applicant submits a financial plan to (a) IN GENERAL.—Not later than 3 years after (A) review such proposals and select any pro- the Secretary that generally identifies the the date of enactment of this Act, the Secretary, posal that provides substantial benefits to the sources of the non-Federal funding required for in consultation with Amtrak, commuter rail pas- public and the national transportation system, any subsequent segments or phases of the cor- senger transportation authorities, other railroad is cost-effective, offers significant advantages ridor service development program covering the carriers, railroad carriers that own rail infra- over existing services, and meets other relevant project for which the grant is awarded; structure over which both passenger and freight factors determined appropriate by the Secretary; ‘‘(ii) the grant will result in a useable seg- trains operate, States, the Surface Transpor- and ment, a transportation facility, or equipment, tation Board, the Northeast Corridor Commis- (B) submit to the Committee on Commerce, that has operational independence; and sion established under section 24905 of title 49, Science, and Transportation of the Senate and ‘‘(iii) the intercity passenger rail benefits an- United States Code, the State-Supported Route the Committee on Transportation and Infra- ticipated to result from the grant, such as in- Committee established under section 24712 of structure of the House of Representatives a re- creased speed, improved on-time performance, such title, and groups representing rail pas- port containing any proposal with respect to reduced trip time, increased frequencies, new sengers and customers, as appropriate, shall subsection (a)(1)(A) that is selected by the Sec- service, safety improvements, improved accessi- complete a study that evaluates— retary under subparagraph (A) of this para- bility, or other significant enhancements, are (1) the shared use of right-of-way by pas- graph, all the information regarding the pro- detailed by the grantee and approved by the senger and freight rail systems; and posal provided to the Secretary under subsection Secretary. (2) the operational, institutional, and legal (d), and any other information the Secretary ‘‘(C)(i) The Secretary shall ensure that the structures that would best support improvements considers relevant. project is maintained to the level of utility that to the systems referred to in paragraph (1). (2) SUBSEQUENT REPORT.—Following the sub- is necessary to support the benefits approved (b) AREAS OF STUDY.—In conducting the mission of the report under paragraph (1)(B), under subparagraph (B)(iii) for a period of 20 study under subsection (a), the Secretary shall the Secretary shall submit to the Committee on years from the date on which the useable seg- evaluate— Commerce, Science, and Transportation of the ment, transportation facility, or equipment de- (1) the access and use of railroad right-of-way Senate and the Committee on Transportation scribed in subparagraph (B)(ii) is placed in serv- by a rail carrier that does not own the right-of- and Infrastructure of the House of Representa- ice. way, such as passenger rail services that oper- tives a report containing any proposal with re- ‘‘(ii) If the project property is not maintained ate over privately-owned right-of-way, includ- spect to subparagraphs (B) through (K) of sub- as required under clause (i) for a 12-month pe- ing an analysis of— section (a)(1) that are selected by the Secretary riod, the grant recipient shall refund a pro-rata (A) access agreements; under paragraph (1) of this subsection, all the share of the Federal contribution, based upon (B) costs of access; and information regarding the proposal provided to the percentage remaining of the 20-year period (C) the resolution of disputes relating to such the Secretary under subsection (d), and any that commenced when the project property was access or costs; other information the Secretary considers rel- placed in service. (2) the effectiveness of existing contractual, evant. ‘‘(2) EARLY WORK.—The Secretary may allow statutory, and regulatory mechanisms for estab- (3) LIMITATION ON REPORT SUBMISSION.—The a grantee subject to this subsection to engage in lishing, measuring, and enforcing train perform- report required under paragraph (2) shall not be at-risk work activities subsequent to the conclu- ance standards, including— submitted by the Secretary until the report sub- sion of final design if the Secretary determines (A) the manner in which passenger train mitted under paragraph (1)(B) has been consid- that such work activities are reasonable and delays are recorded; ered through a hearing by the Committee on necessary.’’. (B) the assignment of responsibility for such Commerce, Science, and Transportation of the SEC. 11310. SMALL BUSINESS PARTICIPATION delays; and Senate and the Committee on Transportation STUDY. (C) the use of incentives and penalties for per- and Infrastructure of the House of Representa- (a) STUDY.—The Secretary shall conduct a na- formance; tives on the report submitted under paragraph tionwide disparity and availability study on the (3) the strengths and weaknesses of the exist- (1)(B). availability and use of small business concerns ing mechanisms described in paragraph (2) and (f) NO ACTIONS WITHOUT ADDITIONAL AU- owned and controlled by socially and economi- possible approaches to address the weaknesses; THORITY.—No Federal agency may take any ac- cally disadvantaged individuals and veteran- (4) mechanisms for measuring and maintain- tion to implement, establish, facilitate, or other- owned small businesses in publicly funded inter- ing public benefits resulting from publicly fund- wise act upon any proposal submitted under city rail passenger transportation projects. ed freight or passenger rail improvements, in- this section, other than those actions specifi- (b) REPORT.—Not later than 2 years after the cluding improvements directed towards shared- cally authorized by this section, without explicit date of enactment of this Act, the Secretary use right-of-way by passenger and freight rail; statutory authority enacted after the date of en- shall submit a report containing the results of (5) approaches to operations, capacity, and actment of this Act. the study conducted under subsection (a) to the cost estimation modeling that— (g) ADEQUATE RESOURCES.—Before taking any Committee on Commerce, Science, and Transpor- (A) allow for transparent decisionmaking; and action authorized under this section the Sec- tation of the Senate and the Committee on (B) protect the proprietary interests of all par- retary shall certify to the Committee on Com- Transportation and Infrastructure of the House ties; merce, Science, and Transportation of the Sen- of Representatives. (6) liability requirements and arrangements, ate and the Committee on Transportation and (c) DEFINITIONS.—In this section: including— Infrastructure of the House of Representatives (1) SMALL BUSINESS CONCERN.—The term (A) whether to expand statutory liability lim- that the Secretary has sufficient resources that ‘‘small business concern’’ has the meaning given its to additional parties;

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(B) whether to revise the current statutory li- (b) JOINT PROCUREMENT STUDY.— project benefits and costs, including non-propri- ability limits; (1) IN GENERAL.—Not later than 3 years after etary information on— (C) whether current insurance levels of pas- the date of enactment of this Act, the Secretary, (A) assumptions underlying calculations; senger rail operators are adequate and whether in cooperation with the Commission, Amtrak, (B) strengths and limitations of data used; to establish minimum insurance requirements for and commuter rail transportation authorities on and such passenger rail operators; and the Northeast Corridor, shall complete a study (C) the level of uncertainty in estimates of (D) whether to establish alternative insurance of the potential benefits resulting from Amtrak project benefits and costs; and models, including other models administered by and such authorities undertaking select joint (4) ensuring that applicants receive clear and the Federal Government; procurements for common materials, assets, and consistent guidance on values to apply for key (7) the effect on rail passenger services, oper- equipment when expending Federal funds for assumptions used to estimate potential project ations, liability limits, and insurance levels of such joint procurements. benefits and costs. (c) CONFIDENTIAL DATA.—The Secretary shall the assertion of sovereign immunity by a State; (2) CONTENTS.—In completing the study under protect all sensitive and confidential informa- and paragraph (1), the Secretary shall consider— (8) other issues identified by the Secretary. (A) the types of materials, assets, and equip- tion to the greatest extent permitted by law. (c) REPORT.—Not later than 60 days after the ment that are regularly purchased by Amtrak Nothing in this section shall require any entity study under subsection (a) is complete, the Sec- and such authorities that are similar and could to provide information to the Secretary in the retary shall submit to the Committee on Com- be jointly procured; absence of a voluntary agreement. merce, Science, and Transportation of the Sen- (B) the potential benefits of such joint pro- SEC. 11314. AMTRAK INSPECTOR GENERAL. ate and the Committee on Transportation and curements, including lower procurement costs, (a) AUTHORITY.— Infrastructure of the House of Representatives a better pricing, greater market relevancy, and (1) IN GENERAL.—The Inspector General of report that includes— other efficiencies; Amtrak shall have the authority available to (1) the results of the study; and (C) the potential costs of such joint procure- other Inspectors General, as necessary in car- (2) any recommendations for further action, ments; rying out the duties specified in the Inspector including any legislative proposals consistent (D) any significant impediments to under- General Act of 1978 (5 U.S.C. App.), to inves- with such recommendations. taking joint procurements, including any nec- tigate any alleged violation of sections 286, 287, (d) IMPLEMENTATION.—The Secretary shall in- essary harmonization and reconciliation of Fed- 371, 641, 1001, 1002 and 1516 of title 18, United tegrate, as appropriate, the recommendations eral and State procurement or safety regulations States Code. submitted under subsection (c) into the financial or standards and other requirements; and (2) AGENCY.—For purposes of sections 286, 287, assistance programs under subtitle V of title 49, (E) whether to create Federal incentives or re- 371, 641, 1001, 1002, and 1516 of title 18, United United States Code, and section 502 of the Rail- quirements relating to considering or carrying States Code, Amtrak and the Amtrak Office of road Revitalization and Regulatory Reform Act out joint procurements when expending Federal Inspector General, shall be considered a cor- of 1976 (45 U.S.C. 822). funds. poration in which the United States has a pro- SEC. 11312. NORTHEAST CORRIDOR THROUGH- (3) TRANSMISSION.—Not later than 60 days prietary interest as set forth in section 6 of such TICKETING AND PROCUREMENT EF- after completing the study required under this title. FICIENCIES. subsection, the Secretary shall submit to the (b) ASSESSMENT.—The Inspector General of (a) THROUGH-TICKETING STUDY.— Committee on Commerce, Science, and Transpor- Amtrak shall— (1) IN GENERAL.—Not later than 3 years after (1) not later than 60 days after the date of en- tation of the Senate and the Committee on the date of enactment of this Act, the Northeast actment of this Act, initiate an assessment to de- Transportation and Infrastructure of the House Corridor Commission established under section termine whether current expenditures or pro- of Representatives a report that includes— 24905(a) of title 49, United States Code (referred curements involving Amtrak’s fulfillment of the (A) the results of the study; and to in this section as the ‘‘Commission’’), in con- (B) any recommendations for further action. Americans with Disabilities Act of 1990 (42 sultation with Amtrak and the commuter rail U.S.C. 12101 et seq.) utilize competitive, market- (c) NORTHEAST CORRIDOR.—In this section, passenger transportation providers along the the term ‘‘Northeast Corridor’’ means the North- driven provisions that are applicable throughout Northeast Corridor, shall complete a study on east Corridor main line between Boston, Massa- the entire term of such related expenditures or the feasibility of and options for permitting chusetts, and the District of Columbia, and the procurements; and through-ticketing between Amtrak service and (2) not later than 6 months after the date of Northeast Corridor branch lines connecting to commuter rail services on the Northeast Cor- enactment of this Act, transmit to the Committee Harrisburg, Pennsylvania, Springfield, Massa- ridor. on Commerce, Science, and Transportation of chusetts, and Spuyten Duyvil, New York, in- (2) CONTENTS.—In completing the study under the Senate and the Committee on Transpor- cluding the facilities and services used to oper- paragraph (1), the Northeast Corridor Commis- tation and Infrastructure of the House of Rep- ate and maintain those lines. sion shall— resentatives the assessment under paragraph (A) examine the current state of intercity and SEC. 11313. DATA AND ANALYSIS. (1). commuter rail ticketing technologies, policies, (a) DATA.—Not later than 3 years after the (c) LIMITATION.—The authority provided by and other relevant aspects on the Northeast date of enactment of this Act, the Secretary, in subsection (a) shall be effective only with re- Corridor; consultation with the Surface Transportation spect to a fiscal year for which Amtrak receives (B) consider and recommend technology, proc- Board, Amtrak, freight railroads, State and a Federal subsidy. ess, policy, or other options that would permit local governments, and regional business, tour- SEC. 11315. MISCELLANEOUS PROVISIONS. through-ticketing to allow intercity and com- ism, and economic development agencies shall (a) TITLE 49 AMENDMENTS.— muter rail passengers to purchase, in a single conduct a data needs assessment to— (1) AUTHORITY.—Section 22702(b)(4) of title 49, transaction, travel that utilizes Amtrak and (1) support the development of an efficient United States Code, is amended by striking ‘‘5 connecting commuter rail services; and effective intercity passenger rail network; years for reapproval by the Secretary’’ and in- (C) consider options to expand through- (2) identify the data needed to conduct cost- serting ‘‘4 years for acceptance by the Sec- ticketing to include local transit services; effective modeling and analysis for intercity retary’’. (D) summarize costs, benefits, opportunities, passenger rail development programs; (2) CONTENTS OF STATE RAIL PLANS.—Section and impediments to developing such through- (3) determine limitations to the data used for 22705(a) of title 49, United States Code, is ticketing options; and inputs; amended by striking paragraph (12). (E) develop a proposed methodology, includ- (4) develop a strategy to address such limita- (b) PASSENGER RAIL INVESTMENT AND IM- ing cost and schedule estimates, for carrying out tions; PROVEMENT ACT AMENDMENTS.—Section 305 of a pilot program on through-ticketing on the (5) identify barriers to accessing existing data; the Passenger Rail Investment and Improvement Northeast Corridor. (6) develop recommendations regarding wheth- Act of 2008 (49 U.S.C. 24101 note) is amended— (3) REPORT.—Not later than 60 days after the er the authorization of additional data collec- (1) in subsection (a) by inserting after ‘‘equip- date the study under paragraph (1) is complete, tion for intercity passenger rail travel is war- ment manufacturers,’’ the following: ‘‘nonprofit the Commission shall submit to the Secretary, ranted; and organizations representing employees who per- the Committee on Commerce, Science, and (7) determine which entities should be respon- form overhaul and maintenance of passenger Transportation of the Senate, and the Com- sible for generating or collecting needed data. railroad equipment,’’; mittee on Transportation and Infrastructure of (b) BENEFIT-COST ANALYSIS.—Not later than (2) in subsection (c) by striking ‘‘, and may es- the House of Representatives a report that in- 180 days after the date of enactment of this Act, tablish a corporation, which may be owned or cludes— the Secretary shall enhance the usefulness of jointly-owned by Amtrak, participating States, (A) the results of the study; and assessments of benefits and costs for intercity or other entities, to perform these functions’’; (B) any recommendations for further action. passenger rail and freight rail projects by— and (4) REVIEW.—Not later than 180 days after re- (1) providing ongoing guidance and training (3) in subsection (e) by striking ‘‘and estab- ceipt of the report under paragraph (3), the Sec- on developing benefit and cost information for lishing a jointly-owned corporation to manage retary shall review the report and recommend rail projects; that equipment’’. best practices in developing through ticketing (2) providing more direct and consistent re- (c) CERTAIN PROJECTS.—A project described in for other areas outside of the Northeast Cor- quirements for assessing benefits and costs 1307(a)(3) of SAFETEA–LU (Public Law 109–59) ridor. The Secretary shall transmit the best across transportation funding programs, includ- may be eligible for the Railroad Rehabilitation practices to the State-Supported Route Com- ing the appropriate use of discount rates; and Improvement Financing program if the Sec- mittee established under section 24712 of title 49, (3) requiring applicants to clearly commu- retary determines such project meets the require- United States Code. nicate the methodology used to calculate the ments of sections 502 and 503 of the Railroad

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00124 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8773 Revitalization and Regulatory Reform Act of (2) in paragraph (1), by striking ‘‘accident ed by striking ‘‘Public Service Announcements’’ 1976. and incidence reporting’’ and inserting ‘‘acci- and inserting ‘‘public service announcements’’. (d) CLARIFICATION.— dent and incident reporting’’; (5) UPDATE OF FEDERAL RAILROAD ADMINIS- (1) AMENDMENT.—Section 20157(g) of title 49, (3) in paragraph (2)(G), by inserting ‘‘and’’ at TRATION’S WEB SITE.—Section 307 of title III of United States Code, is amended by adding at the the end; and division A of the Rail Safety Improvement Act of end the following new paragraph: (4) in paragraph (5)(B), by striking ‘‘Adminis- 2008 (49 U.S.C. 103 note) is amended— ‘‘(4) CLARIFICATION.— trative Hearing Officer or Administrative Law (A) in the heading by striking ‘‘FEDERAL RAIL- ‘‘(A) PROHIBITIONS.—The Secretary is prohib- Judge’’ and inserting ‘‘administrative hearing ROAD ADMINISTRATION’S WEBSITE’’ and inserting ited from— officer or administrative law judge’’. ‘‘FEDERAL RAILROAD ADMINISTRATION WEB ‘‘(i) approving or disapproving a revised plan (e) RAILROAD SAFETY RISK REDUCTION PRO- SITE’’; submitted under subsection (a)(1); GRAM.—Section 20156 of title 49, United States (B) by striking ‘‘website’’ each place it ap- ‘‘(ii) considering a revised plan under sub- Code, is amended— pears and inserting ‘‘Web site’’; and section (a)(1) as a request for amendment under (1) in subsection (c), by inserting a comma (C) by striking ‘‘website’s’’ and inserting section 236.1021 of title 49, Code of Federal Reg- after ‘‘In developing its railroad safety risk re- ‘‘Web site’s’’. ulations; or duction program’’; and (6) ALCOHOL AND CONTROLLED SUBSTANCE ‘‘(iii) requiring the submission, as part of the (2) in subsection (g)(1)— TESTING FOR MAINTENANCE-OF-WAY EMPLOY- revised plan under subsection (a)(1), of— (A) by inserting a comma after ‘‘good faith’’; EES.—Section 412 of title IV of division A of the ‘‘(I) only a schedule and sequence under sub- and Rail Safety Improvement Act of 2008 (49 U.S.C. section (a)(2)(A)(iii)(VII); or (B) by striking ‘‘non-profit’’ and inserting 20140 note) is amended by striking ‘‘Secretary of ‘‘(II) both a schedule and sequence under sub- ‘‘nonprofit’’. Transportation’’ and inserting ‘‘Secretary’’. section (a)(2)(A)(iii)(VII) and an alternative (f) ROADWAY USER SIGHT DISTANCE AT HIGH- (7) TUNNEL INFORMATION.—Section 414 of title schedule and sequence under subsection WAY-RAIL GRADE CROSSINGS.—Section 20159 of IV of division A of the Rail Safety Improvement (a)(2)(B). title 49, United States Code, is amended by strik- Act of 2008 (49 U.S.C. 20103 note) is amended— ‘‘(B) CIVIL PENALTY AUTHORITY.—Except as ing ‘‘the Secretary’’ and inserting ‘‘the Sec- (A) by striking ‘‘parts 171.8, 173.115’’ and in- provided in paragraph (2) and this paragraph, retary of Transportation’’. serting ‘‘sections 171.8, 173.115’’; and nothing in this subsection shall be construed to (g) NATIONAL CROSSING INVENTORY.—Section (B) by striking ‘‘part 1520.5’’ and inserting limit the Secretary’s authority to assess civil 20160 of title 49, United States Code, is amend- ‘‘section 1520.5’’. penalties pursuant to subsection (e), consistent ed— (8) SAFETY INSPECTIONS IN MEXICO.—Section with the requirements of this section. (1) in subsection (a)(1), by striking ‘‘con- 416 of title IV of division A of the Rail Safety ‘‘(C) RETAINED REVIEW AUTHORITY.—The Sec- cerning each previously unreported crossing Improvement Act of 2008 (49 U.S.C. 20107 note) retary retains the authority to review revised through which it operates or with respect to the is amended— plans submitted under subsection (a)(1) and is trackage over which it operates’’ and inserting (A) in the matter preceding paragraph (1), by authorized to require modifications of those ‘‘concerning each previously unreported cross- striking ‘‘Secretary of Transportation’’ and in- plans to the extent necessary to ensure that ing through which it operates with respect to serting ‘‘Secretary’’; and such plans include the descriptions under sub- the trackage over which it operates’’; and (B) in paragraph (4), by striking ‘‘subsection’’ section (a)(2)(A)(i), the contents under sub- (2) in subsection (b)(1)(A), by striking ‘‘con- and inserting ‘‘section’’. section (a)(2)(A)(ii), and the year or years, to- cerning each crossing through which it operates (9) HEADING OF TITLE VI.—The heading of title tals, and summary under subsection or with respect to the trackage over which it op- VI of division A of the Rail Safety Improvement (a)(2)(A)(iii)(I) through (VI).’’. erates’’ and inserting ‘‘concerning each crossing Act of 2008 (122 Stat. 4900) is amended by strik- (2) CONFORMING AMENDMENT.—Section through which it operates with respect to the ing ‘‘SOLID WASTE FACILITIES’’ and insert- 20157(g)(3) of title 49, United States Code, is trackage over which it operates’’. ing ‘‘SOLID WASTE RAIL TRANSFER FA- amended by striking ‘‘by paragraph (2) and sub- (h) MINIMUM TRAINING STANDARDS AND CILITIES’’. section (k)’’ and inserting ‘‘to conform with this PLANS.—Section 20162(a)(3) of title 49, United (10) HEADING OF SECTION 602.—The heading of section’’. States Code, is amended by striking ‘‘railroad section 602 of title VI of division A of the Rail SEC. 11316. TECHNICAL AND CONFORMING compliance with Federal standards’’ and insert- Safety Improvement Act of 2008 (122 Stat. 4900) AMENDMENTS. ing ‘‘railroad carrier compliance with Federal is amended by striking ‘‘SOLID WASTE TRANSFER (a) ASSISTANCE TO FAMILIES OF PASSENGERS standards’’. FACILITIES’’ and inserting ‘‘SOLID WASTE RAIL INVOLVED IN RAIL PASSENGER ACCIDENTS.—Sec- (i) DEVELOPMENT AND USE OF RAIL SAFETY TRANSFER FACILITIES’’. tion 1139 of title 49, United States Code, is TECHNOLOGY.—Section 20164(a) of title 49, (k) CONTINGENT INTEREST RECOVERIES.—Sec- amended— United States Code, is amended by striking tion 22106(b) of title 49, United States Code, is (1) in subsection (a)(1), by striking ‘‘phone ‘‘after enactment of the Railroad Safety En- amended by striking ‘‘interest thereof’’ and in- number’’ and inserting ‘‘telephone number’’; hancement Act of 2008’’ and inserting ‘‘after the serting ‘‘interest thereon’’. (2) in subsection (a)(2), by striking ‘‘post trau- date of enactment of the Rail Safety Improve- (l) MISSION.—Section 24101(b) of title 49, ma communication with families’’ and inserting ment Act of 2008’’. United States Code, is amended by striking ‘‘of ‘‘post-trauma communication with families’’; (j) RAIL SAFETY IMPROVEMENT ACT OF 2008.— subsection (d)’’ and inserting ‘‘set forth in sub- and (1) TABLE OF CONTENTS.—Section 1(b) of divi- section (c)’’. (3) in subsection (j), by striking ‘‘railroad pas- sion A of the Rail Safety Improvement Act of (m) TABLE OF CONTENTS AMENDMENT.—The senger accident’’ each place it appears and in- 2008 (Public Law 110–432; 122 Stat. 4848) is table of contents for chapter 243 of title 49, serting ‘‘rail passenger accident’’. amended— United States Code, is amended by striking the (b) SOLID WASTE RAIL TRANSFER FACILITY (A) in the item relating to section 307 by strik- item relating to section 24316 and inserting the LAND-USE EXEMPTION.—Section 10909 of title 49, ing ‘‘website’’ and inserting ‘‘Web site’’; following: United States Code, is amended— (B) in the item relating to title VI by striking ‘‘24316. Plans to address the needs of families of (1) in subsection (b), in the matter preceding ‘‘solid waste facilities’’ and inserting ‘‘solid passengers involved in rail pas- paragraph (1), by striking ‘‘Clean Railroad Act waste rail transfer facilities’’; and senger accidents.’’. of 2008’’ and inserting ‘‘Clean Railroads Act of (C) in the item relating to section 602 by strik- (n) AMTRAK.—Chapter 247 of title 49, United 2008’’; and ing ‘‘solid waste transfer facilities’’ and insert- States Code, is amended— (2) in subsection (e), by striking ‘‘Upon the ing ‘‘solid waste rail transfer facilities’’. (1) in section 24706— granting of petition from the State’’ and insert- (2) DEFINITIONS.—Section 2(a)(1) of division A (A) in subsection (a)— ing ‘‘Upon the granting of a petition from the of the Rail Safety Improvement Act of 2008 (i) in paragraph (1) by striking ‘‘a discontinu- State’’. (Public Law 110–432; 122 Stat. 4849) is amended ance under section 24704 or or’’; and (c) RULEMAKING PROCESS.—Section 20116 of in the matter preceding subparagraph (A), by (ii) in paragraph (2) by striking ‘‘section 24704 title 49, United States Code, is amended— inserting a comma after ‘‘at grade’’. or’’; and (1) by inserting ‘‘(2)’’ before ‘‘the code, rule, (3) RAILROAD SAFETY STRATEGY.—Section (B) in subsection (b) by striking ‘‘section 24704 standard, requirement, or practice has been sub- 102(a)(6) of title I of division A of the Rail Safe- or’’; and ject to notice and comment under a rule or order ty Improvement Act of 2008 (49 U.S.C. 20101 (2) in section 24709 by striking ‘‘The Secretary issued under this part.’’ and indenting accord- note) is amended by striking ‘‘Improving the of the Treasury and the Attorney General,’’ and ingly; safety of railroad bridges, tunnels, and related inserting ‘‘The Secretary of Homeland Secu- (2) by inserting ‘‘(1)’’ after ‘‘unless’’ and in- infrastructure to prevent accidents, incidents, rity,’’. denting accordingly; injuries, and fatalities caused by catastrophic (o) RAIL COOPERATIVE RESEARCH PROGRAM.— (3) in paragraph (1), as redesignated, by strik- failures and other bridge and tunnel failures.’’ Section 24910(b) of title 49, United States Code, ing ‘‘order, or’’ and inserting ‘‘order; or’’; and and inserting ‘‘Improving the safety of railroad is amended— (4) in the matter preceding paragraph (1), as bridges, tunnels, and related infrastructure to (1) in paragraph (12) by striking ‘‘and’’ at the redesignated, by striking ‘‘unless’’ and inserting prevent accidents, incidents, injuries, and fa- end; ‘‘unless—’’. talities caused by catastrophic and other fail- (2) in paragraph (13) by striking the period at (d) ENFORCEMENT REPORT.—Section 20120(a) ures of such infrastructure.’’. the end and inserting ‘‘; and’’; and of title 49, United States Code, is amended— (4) OPERATION LIFESAVER.—Section 206(a) of (3) by adding at the end the following: (1) in the matter preceding paragraph (1), by title II of division A of the Rail Safety Improve- ‘‘(14) to improve overall safety of intercity striking ‘‘website’’ and inserting ‘‘Web site’’; ment Act of 2008 (49 U.S.C. 22501 note) is amend- passenger and freight rail operations.’’.

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(p) SECRETARIAL OVERSIGHT.—Section 24403 of (4) PUBLIC AVAILABILITY.—Each State shall (b) CONTENTS.—In conducting the study under title 49, United States Code, is amended by strik- submit a final State plan under this subsection subsection (a), the Secretary shall make rec- ing subsection (b). to the Administrator for publication. The Ad- ommendations as necessary to improve— Subtitle D—Safety ministrator shall make each approved State plan (1) the utility of the data on private highway- publicly available on an official Internet Web rail grade crossings; and SEC. 11401. HIGHWAY-RAIL GRADE CROSSING SAFETY. site. (2) the implementation of private highway-rail (a) MODEL STATE HIGHWAY-RAIL GRADE (5) CONDITIONS.—The Secretary may condition crossing safety measures, including signage and CROSSING ACTION PLAN.— the awarding of a grant to a State under chap- warning systems. (1) IN GENERAL.—Not later than 1 year after ter 244 of title 49, United States Code, on that (c) REPORT.—Not later than 3 years after the the date of enactment of this Act, the Adminis- State submitting an acceptable State action plan date of enactment of this Act, the Secretary trator of the Federal Railroad Administration under this subsection. shall transmit to the Committee on Commerce, shall develop a model of a State-specific high- (6) REVIEW OF ACTION PLANS.—Not later than Science, and Transportation of the Senate and way-rail grade crossing action plan and dis- 60 days after the date of receipt of a State ac- the Committee on Transportation and Infra- tribute the plan to each State. tion plan under this subsection, the Adminis- structure of the House of Representatives a re- (2) CONTENTS.—The plan developed under trator shall— port of the findings of the study and any rec- paragraph (1) shall include— (A) if the State action plan is approved, notify ommendations for further action. (A) methodologies, tools, and data sources for the State and publish the State action plan SEC. 11403. STUDY ON USE OF LOCOMOTIVE identifying and evaluating highway-rail grade under paragraph (4); and HORNS AT HIGHWAY-RAIL GRADE crossing safety risks, including the public safety (B) if the State action plan is incomplete or CROSSINGS. risks posed by blocked highway-rail grade cross- deficient, notify the State of the specific areas (a) STUDY.—The Comptroller General of the ings due to idling trains; in which the plan is deficient and allow the United States shall submit a report to Congress (B) best practices to reduce the risk of high- State to complete the plan or correct the defi- containing the results of a study evaluating the way-rail grade crossing accidents or incidents ciencies and resubmit the plan under paragraph final rule issued on August 17, 2006, entitled and to alleviate the blockage of highway-rail (1). ‘‘Use of Locomotive Horns at Highway-Rail grade crossings due to idling trains, including (7) DEADLINE.—Not later than 60 days after Grade Crossings’’ (71 Fed. Reg. 47614), includ- strategies for— the date of a notice under paragraph (6)(B), a ing— (i) education, including model stakeholder en- State shall complete the plan or correct the defi- (1) the effectiveness of such final rule; gagement plans or tools; ciencies and resubmit the plan. (2) the benefits and costs of establishing quiet (ii) engineering, including the benefits and (8) FAILURE TO COMPLETE OR CORRECT PLAN.— zones; and costs of different designs and technologies used If a State fails to meet the deadline under para- (3) any barriers to establishing quiet zones. to mitigate highway-rail grade crossing safety graph (7), the Administrator shall post on the (b) SAVINGS CLAUSE.—Nothing in this section risks; and Web site under paragraph (4) a notice that the shall be construed to limit or preclude any (iii) enforcement, including the strengths and State has an incomplete or deficient highway- planned retrospective review by the Secretary of weaknesses associated with different enforce- rail grade crossing action plan. the final rule described in subsection (a). ment methods; (c) REPORT.—Not later than the date that is 3 SEC. 11404. POSITIVE TRAIN CONTROL AT GRADE (C) for each State, a customized list and data years after the Administrator publishes the final CROSSINGS EFFECTIVENESS STUDY. set of the highway-rail grade crossing accidents rule under subsection (b)(1), the Administrator After the Secretary certifies that each Class I or incidents in that State over the past 3 years, shall submit to the Committee on Commerce, railroad carrier and each entity providing regu- including the location, number of deaths, and Science, and Transportation of the Senate and larly scheduled intercity or commuter rail pas- number of injuries for each accident or incident, the Committee on Transportation and Infra- senger transportation is in compliance with the and a list of highway-rail grade crossings in structure of the House of Representatives a re- positive train control requirements under section that State that have experienced multiple acci- port on— 20157(a) of title 49, United States Code, the Sec- dents or incidents over the past 3 years; and (1) the specific strategies identified by States retary shall— (D) contact information of a Department of to improve safety at highway-rail grade cross- (1) conduct a study of the possible effective- Transportation safety official available to assist ings, including crossings with multiple accidents ness of positive train control and related tech- the State in adapting the model plan to satisfy or incidents; and nologies on reducing collisions at highway-rail the requirements under subsection (b). (2) the progress each State described under grade crossings; and (b) STATE HIGHWAY-RAIL GRADE CROSSING AC- subsection (b)(1)(B) has made in implementing (2) submit a report containing the results of TION PLANS.— its action plan. the study conducted under paragraph (1) to the (1) REQUIREMENTS.—Not later than 18 months (d) RAILWAY-HIGHWAY CROSSINGS FUNDS.— Committee on Commerce, Science, and Transpor- after the Administrator develops and distributes The Secretary may use funds made available to tation of the Senate and the Committee on the model plan under subsection (a), the Admin- carry out section 130 of title 23, United States Transportation and Infrastructure of the House istrator shall promulgate a rule that requires— Code, to provide States with funds to develop a of Representatives. (A) each State, except the 10 States identified State highway-rail grade crossing action plan SEC. 11405. BRIDGE INSPECTION REPORTS. under section 202 of the Rail Safety Improve- under subsection (b)(1)(A) or to update a State Section 417(d) of the Rail Safety Improvement ment Act of 2008 (49 U.S.C. 22501 note), to de- action plan under subsection (b)(1)(B). Act of 2008 (49 U.S.C. 20103 note) is amended— velop and implement a State highway-rail grade (e) DEFINITIONS.—In this section: (1) by striking ‘‘The Secretary’’ and inserting crossing action plan; and (1) HIGHWAY-RAIL GRADE CROSSING.—The term the following: (B) each State identified under section 202 of ‘‘highway-rail grade crossing’’ means a location ‘‘(1) IN GENERAL.—The Secretary’’; and the Rail Safety Improvement Act of 2008 (49 within a State, other than a location where 1 or (2) by adding at the end the following: U.S.C. 22501 note) to— more railroad tracks cross 1 or more railroad (i) update the State action plan under such ‘‘(2) AVAILABILITY OF BRIDGE CONDITION.— tracks at grade, where— section; and ‘‘(A) IN GENERAL.—A State or political sub- (A) a public highway, road, or street, or a pri- (ii) submit to the Administrator— division of a State may file a request with the (I) the updated State action plan; and vate roadway, including associated sidewalks Secretary for a public version of a bridge inspec- (II) a report describing what the State did to and pathways, crosses 1 or more railroad tracks tion report generated under subsection (b)(5) for implement its previous State action plan under either at grade or grade-separated; or a bridge located in such State or political sub- such section and how the State will continue to (B) a pathway explicitly authorized by a pub- division’s jurisdiction. reduce highway-rail grade crossing safety risks. lic authority or a railroad carrier that is dedi- ‘‘(B) PUBLIC VERSION OF REPORT.—If the Sec- (2) CONTENTS.—Each State plan required cated for the use of non-vehicular traffic, in- retary determines that the request is reasonable, under this subsection shall— cluding pedestrians, bicyclists, and others, that the Secretary shall require a railroad to submit (A) identify highway-rail grade crossings that is not associated with a public highway, road, a public version of the most recent bridge in- have experienced recent highway-rail grade or street, or a private roadway, crosses 1 or more spection report, such as a summary form, for a crossing accidents or incidents or multiple high- railroad tracks either at grade or grade-sepa- bridge subject to a request under subparagraph way-rail grade crossing accidents or incidents, rated. (A). The public version of a bridge inspection re- or are at high-risk for accidents or incidents; (2) STATE.—The term ‘‘State’’ means a State of port shall include the date of last inspection, (B) identify specific strategies for improving the United States or the District of Columbia. length of bridge, location of bridge, type of safety at highway-rail grade crossings, includ- SEC. 11402. PRIVATE HIGHWAY-RAIL GRADE bridge, type of structure, feature crossed by ing highway-rail grade crossing closures or CROSSINGS. bridge, and railroad contact information, along grade separations; and (a) IN GENERAL.—The Secretary, in consulta- with a general statement on the condition of the (C) designate a State official responsible for tion with railroad carriers, shall conduct a bridge. managing implementation of the State action study to— ‘‘(C) PROVISION OF REPORT.—The Secretary plan under subparagraph (A) or (B) of para- (1) determine whether limitations or weak- shall provide to a State or political subdivision graph (1), as applicable. nesses exist regarding the availability and use- of a State a public version of a bridge inspection (3) ASSISTANCE.—The Administrator shall pro- fulness for safety purposes of data on private report submitted under subparagraph (B). vide assistance to each State in developing and highway-rail grade crossings; and ‘‘(D) TECHNICAL ASSISTANCE.—The Secretary, carrying out, as appropriate, the State action (2) evaluate existing engineering practices on upon the reasonable request of State or political plan under this subsection. private highway-rail grade crossings. subdivision of a State, shall provide technical

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assistance to such State or political subdivision requirements of this section to other segments of (b) ELEMENTS.—The assessment conducted of a State to facilitate the understanding of a track at high risk of overspeed derailment. pursuant to subsection (a) shall include— bridge inspection report.’’. SEC. 11407. ALERTERS. (1) a review of Amtrak’s compliance with the SEC. 11406. SPEED LIMIT ACTION PLANS. (a) IN GENERAL.—The Secretary shall promul- plan for addressing the needs of the families of (a) IN GENERAL.—Not later than 90 days after gate a rule to require a working alerter in the passengers involved in any rail passenger acci- the date of enactment of this Act, each railroad controlling locomotive of each passenger train in dent, which was submitted pursuant to section carrier providing intercity rail passenger trans- intercity rail passenger transportation (as de- 24316 of title 49, United States Code; portation or commuter rail passenger transpor- fined in section 24102 of title 49, United States (2) a review of Amtrak’s compliance with the tation, in consultation with any applicable host Code) or commuter rail passenger transportation emergency preparedness plan required under railroad carrier, shall survey its entire system (as defined in section 24102 of title 49, United section 239.101(a) of title 49, Code of Federal and identify each main track location where States Code). Regulations; there is a reduction of more than 20 miles per (b) RULEMAKING.— (3) a determination of any additional action hour from the approach speed to a curve, (1) IN GENERAL.—The Secretary may promul- items that should be included in the plans re- bridge, or tunnel and the maximum authorized gate a rule to specify the essential ferred to in paragraphs (1) and (2) to meet the operating speed for passenger trains at that functionalities of a working alerter, including needs of the passengers involved in the crash curve, bridge, or tunnel. the manner in which the alerter can be reset. and their families, including— (2) ALTERNATE PRACTICE OR TECHNOLOGY.— (b) ACTION PLANS.—Not later than 120 days (A) notification of emergency contacts; after the date that the survey under subsection The Secretary may require or allow a tech- (B) dedicated and trained staff to manage (a) is complete, a railroad carrier described in nology or practice in lieu of a working alerter if family assistance; subsection (a) shall submit to the Secretary an the Secretary determines that the technology or (C) the establishment of a family assistance action plan that— practice would achieve an equivalent or greater center at the accident locale or other appro- (1) identifies each main track location where level of safety in enhancing or ensuring appro- priate location; there is a reduction of more than 20 miles per priate locomotive control. (D) a system for identifying and recovering hour from the approach speed to a curve, SEC. 11408. SIGNAL PROTECTION. items belonging to passengers that were lost in bridge, or tunnel and the maximum authorized (a) IN GENERAL.—Not later than 18 months the crash; and (E) the establishment of a single customer operating speed for passenger trains at that after the date of enactment of this Act, the Sec- service entity within Amtrak to coordinate the curve, bridge, or tunnel; retary shall initiate a rulemaking to require that response to the needs of the passengers involved (2) describes appropriate actions to enable on-track safety regulations, whenever prac- in the crash and their families; and warning and enforcement of the maximum au- ticable and consistent with other safety require- (4) recommendations for any additional train- thorized speed for passenger trains at each loca- ments and operational considerations, include ing needed by Amtrak staff to better implement tion identified under paragraph (1), including— requiring implementation of redundant signal the plans referred to in paragraphs (1) and (2), (A) modification to automatic train control protection for maintenance-of-way work crews including the establishment of a regular sched- systems, if applicable, or other signal systems; who depend on a train dispatcher to provide sig- ule for training drills and exercises. (B) increased crew size; nal protection. (b) ALTERNATIVE SAFETY MEASURES.—The (c) REPORT TO CONGRESS.—Not later than 1 (C) installation of signage alerting train crews Secretary shall consider exempting from any year after the date of enactment of this Act, of the maximum authorized speed for passenger final requirements of this section each segment Amtrak shall submit to the Committee on Com- trains in each location identified under para- of track for which operations are governed by a merce, Science, and Transportation of the Sen- graph (1); positive train control system certified under sec- ate and the Committee on Transportation and (D) installation of alerters; tion 20157 of title 49, United States Code, or any Infrastructure of the House of Representatives a (E) increased crew communication; and other safety technology or practice that would report that describes— (F) other practices; achieve an equivalent or greater level of safety (1) Amtrak’s plan to achieve the recommenda- (3) contains milestones and target dates for in providing additional signal protection. tions referred to in subsection (b)(4); and implementing each appropriate action described (2) any steps that have been taken to address under paragraph (2); and SEC. 11409. COMMUTER RAIL TRACK INSPEC- TIONS. any deficiencies identified through the assess- (4) ensures compliance with the maximum au- (a) IN GENERAL.—The Secretary shall evaluate ment. thorized speed at each location identified under track inspection regulations to determine if a paragraph (1). SEC. 11411. RECORDING DEVICES. railroad carrier providing commuter rail pas- (c) APPROVAL.—Not later than 90 days after (a) IN GENERAL.—Subchapter II of chapter 201 senger transportation on high density commuter the date on which an action plan is submitted of title 49, United States Code, is amended by railroad lines should be required to inspect the under subsection (b), the Secretary shall ap- adding at the end the following: lines in the same manner as is required for other prove, approve with conditions, or disapprove ‘‘§ 20168. Installation of audio and image re- commuter railroad lines. the action plan. cording devices (b) RULEMAKING.—Considering safety, includ- (d) ALTERNATIVE SAFETY MEASURES.—The ing railroad carrier employee and contractor ‘‘(a) IN GENERAL.—Not later than 2 years Secretary may exempt from the requirements of safety, system capacity, and other relevant fac- after the date of enactment of the Passenger this section each segment of track for which op- tors, the Secretary may promulgate a rule for Rail Reform and Investment Act of 2015, the erations are governed by a positive train control high density commuter railroad lines. If, after Secretary of Transportation shall promulgate system certified under section 20157 of title 49, the evaluation under subsection (a), the Sec- regulations to require each railroad carrier that United States Code, or any other safety tech- retary determines that it is necessary to promul- provides regularly scheduled intercity rail pas- nology or practice that would achieve an equiv- gate a rule, the Secretary shall specifically con- senger or commuter rail passenger transpor- alent or greater level of safety in reducing de- sider the following regulatory requirements for tation to the public to install inward- and out- railment risk. high density commuter railroad lines: ward-facing image recording devices in all con- (e) REPORT.—Not later than 6 months after (1) At least once every 2 weeks— trolling locomotive cabs and cab car operating the date of enactment of this Act, the Secretary (A) traverse each main line by vehicle; or compartments in such passenger trains. shall submit to the Committee on Commerce, (B) inspect each main line on foot. ‘‘(b) DEVICE STANDARDS.—Each inward- and Science, and Transportation of the Senate and (2) At least once each month, traverse and in- outward-facing image recording device shall— the Committee on Transportation and Infra- spect each siding by vehicle or by foot. ‘‘(1) have a minimum 12-hour continuous re- structure of the House of Representatives a re- (c) REPORT.—If, after the evaluation under cording capability; port that describes— subsection (a), the Secretary determines it is not ‘‘(2) have crash and fire protections for any (1) the actions railroad carriers have taken in necessary to revise the regulations under this in-cab image recordings that are stored only response to Safety Advisory 2013–08, entitled section, the Secretary, not later than 18 months within a controlling locomotive cab or cab car ‘‘Operational Tests and Inspections for Compli- after the date of enactment of this Act, shall operating compartment; and ance With Maximum Authorized Train Speeds transmit to the Committee on Commerce, ‘‘(3) have recordings accessible for review dur- and Other Speed Restrictions’’; Science, and Transportation of the Senate and ing an accident or incident investigation. (2) the actions railroad carriers have taken in the Committee on Transportation and Infra- ‘‘(c) REVIEW.—The Secretary shall establish a response to Safety Advisory 2015–03, entitled structure of the House of Representatives a re- process to review and approve or disapprove an ‘‘Operational and Signal Modifications for Com- port explaining the reasons for not revising the inward- or outward-facing image recording de- pliance with Maximum Authorized Passenger regulations. vice for compliance with the standards described Train Speeds and Other Speed Restrictions’’; (d) CONSTRUCTION.—Nothing in this section in subsection (b). and may be construed to limit the authority of the ‘‘(d) USES.—A railroad carrier subject to the (3) the actions the Federal Railroad Adminis- Secretary to promulgate regulations or issue or- requirements of subsection (a) that has installed tration has taken to evaluate or incorporate the ders under any other law. an inward- or outward-facing image recording information and findings arising from the safety SEC. 11410. POST-ACCIDENT ASSESSMENT. device approved under subsection (c) may use advisories referred to in paragraphs (1) and (2) (a) IN GENERAL.—The Secretary, in coopera- recordings from that inward- or outward-facing into the development of regulatory action and tion with the National Transportation Safety image recording device for the following pur- oversight activities. Board and Amtrak, shall conduct a post-acci- poses: (f) SAVINGS CLAUSE.—Nothing in this section dent assessment of the Amtrak Northeast Re- ‘‘(1) Verifying that train crew actions are in shall prohibit the Secretary from applying the gional Train #188 crash on May 12, 2015. accordance with applicable safety laws and the

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REPORT ON VERTICAL TRACK DE- ‘‘(2) Assisting in an investigation into the certified or commissioned as a police office FLECTION. causation of a reportable accident or incident. under the laws of the State of new primary em- (a) REPORT.—Not later than 9 months after ‘‘(3) Documenting a criminal act or moni- ployment or residence. the date of enactment of this Act, the Secretary toring unauthorized occupancy of the control- ‘‘(2) INTERIM PERIOD.—During the period be- shall transmit to the Committee on Transpor- ling locomotive cab or car operating compart- ginning on the date of transfer and ending 1 tation and Infrastructure of the House of Rep- ment. year after the date of transfer, a railroad police resentatives and the Committee on Commerce, ‘‘(4) Other purposes that the Secretary con- officer directly employed by or contracted by a Science, and Transportation of the Senate a re- siders appropriate. rail carrier and certified or commissioned as a port detailing research conducted or procured ‘‘(e) DISCRETION.— police officer under the laws of a State may en- by the Federal Railroad Administration on de- ‘‘(1) IN GENERAL.—The Secretary may— force the laws of the new jurisdiction in which veloping a system that measures vertical track ‘‘(A) require in-cab audio recording devices the railroad police officer resides, to the same deflection (in this section referred to as ‘‘VTD’’) for the purposes described in subsection (d); and extent as provided in subsection (a). from a moving rail car, including the ability of ‘‘(B) define in appropriate technical detail the ‘‘(d) TRAINING.— such system to identify poor track support from essential features of the devices required under ‘‘(1) IN GENERAL.—A State may recognize as fouled ballast, deteriorated cross ties, or other subparagraph (A). meeting that State’s basic police officer certifi- conditions. ‘‘(2) EXEMPTIONS.—The Secretary may exempt cation or commissioning requirements for quali- (b) CONTENTS.—The report required under any railroad carrier subject to the requirements fication as a rail police officer under this section subsection (a) shall include— of subsection (a) or any part of the carrier’s op- any individual who successfully completes a (1) the findings and results of testing of VTD erations from the requirements under subsection program at a State-recognized police training instrumentation during field trials on revenue (a) if the Secretary determines that the carrier academy in another State or at a Federal law service track; has implemented an alternative technology or enforcement training center and who is certified (2) the findings and results of subsequent test- practice that provides an equivalent or greater or commissioned as a police officer by that other ing of VTD instrumentation on a Federal Rail- safety benefit or that is better suited to the risks State. road Administration automated track inspection of the operation. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this program geometry car; ‘‘(f) TAMPERING.—A railroad carrier subject to subsection shall be construed as superseding or (3) if considered appropriate by the Secretary the requirements of subsection (a) may take ap- affecting any State training requirements re- based on the report and related research, a plan propriate enforcement or administrative action lated to criminal law, criminal procedure, motor for developing quantitative inspection criteria against any employee that tampers with or dis- vehicle code, any other State law, or State-man- for poor track support using existing VTD in- ables an audio or inward- or outward-facing dated comparative or annual in-service training strumentation on Federal Railroad Administra- image recording device installed by the railroad academy or Federal law enforcement training tion automated track inspection program geom- carrier. center.’’. etry cars; and ‘‘(g) PRESERVATION OF DATA.—Each railroad (b) REGULATIONS.—Not later than 1 year after (4) if considered appropriate by the Secretary carrier subject to the requirements of subsection the date of enactment of this Act, the Secretary based on the report and related research, a plan (a) shall preserve recording device data for 1 shall revise the regulations in part 207 of title for installing VTD instrumentation on all re- year after the date of a reportable accident or 49, Code of Federal Regulations (relating to rail- maining Federal Railroad Administration auto- incident. road police officers), to permit a railroad to des- mated track inspection program geometry cars ‘‘(h) INFORMATION PROTECTIONS.—The Sec- ignate an individual, who is commissioned in not later than 3 years after the date of enact- retary may not disclose publicly any part of an the individual’s State of legal residence or State ment of this Act. in-cab audio or image recording or transcript of of primary employment and directly employed SEC. 11415. RAIL PASSENGER LIABILITY. oral communications by or among train employ- by or contracted by a railroad to enforce State (a) AMTRAK INCIDENT.—Notwithstanding any ees or other operating employees responsible for laws for the protection of railroad property, per- other provision of law, the aggregate allowable the movement and direction of the train, or be- sonnel, passengers, and cargo, to serve in the awards to all rail passengers, against all de- tween such operating employees and company States in which the railroad owns property. fendants, for all claims, including claims for pu- communication centers, related to an accident (c) CONFORMING AMENDMENTS.— nitive damages, arising from a single accident or or incident investigated by the Secretary. The (1) AMTRAK RAIL POLICE.—Section 24305(e) of incident involving Amtrak occurring on May 12, Secretary may make public any part of a tran- title 49, United States Code, is amended— 2015, shall not exceed $295,000,000. script or any written depiction of visual infor- (A) by striking ‘‘may employ’’ and inserting (b) ADJUSTMENT BASED ON CONSUMER PRICE mation that the Secretary determines is relevant ‘‘may directly employ or contract with’’; INDEX.—The liability cap under section to the accident at the time a majority of the (B) by striking ‘‘employed by’’ and inserting 28103(a)(2) of title 49, United States Code, shall other factual reports on the accident or incident ‘‘directly employed by or contracted by’’; and be adjusted on the date of enactment of this Act are released to the public. (C) by striking ‘‘employed without’’ and in- to reflect the change in the Consumer Price ‘‘(i) PROHIBITED USE.—An in-cab audio or serting ‘‘directly employed or contracted with- Index-All Urban Consumers between such date image recording obtained by a railroad carrier out’’. and December 2, 1997, and the Secretary shall under this section may not be used to retaliate (2) EXCEPTIONS.—Section 922(z)(2)(B) of title provide appropriate public notice of such ad- against an employee. 18, United States Code, is amended by striking justment. The adjustment of the liability cap ‘‘(j) SAVINGS CLAUSE.—Nothing in this section ‘‘employed by’’ and inserting ‘‘directly employed shall be effective 30 days after such notice. may be construed as requiring a railroad carrier by or contracted by’’. Every fifth year after the date of enactment of to cease or restrict operations upon a technical SEC. 11413. REPAIR AND REPLACEMENT OF DAM- this Act, the Secretary shall adjust such liability failure of an inward- or outward-facing image AGED TRACK INSPECTION EQUIP- cap to reflect the change in the Consumer Price recording device or in-cab audio device. Such MENT. Index-All Urban Consumers since the last ad- railroad carrier shall repair or replace the failed (a) IN GENERAL.—Subchapter I of chapter 201 justment. The Secretary shall provide appro- inward- or outward-facing image recording de- of title 49, United States Code, is amended by priate public notice of each such adjustment, vice as soon as practicable.’’. adding at the end the following: and the adjustment shall become effective 30 (b) CONFORMING AMENDMENT.—The table of ‘‘§ 20121. Repair and replacement of damaged days after such notice. contents for subchapter II of chapter 201 of title track inspection equipment Subtitle E—Project Delivery 49, United States Code, is amended by adding at ‘‘The Secretary of Transportation may receive the end the following: SEC. 11501. SHORT TITLE. and expend cash, or receive and utilize spare This subtitle may be cited as the ‘‘Track, Rail- ‘‘20168. Installation of audio and image record- parts and similar items, from non-United States road, and Infrastructure Network Act’’ or the ing devices.’’. Government sources to repair damages to or re- ‘‘TRAIN Act’’. SEC. 11412. RAILROAD POLICE OFFICERS. place United States Government-owned auto- SEC. 11502. TREATMENT OF IMPROVEMENTS TO (a) IN GENERAL.—Section 28101 of title 49, mated track inspection cars and equipment as a RAIL AND TRANSIT UNDER PRESER- United States Code, is amended— result of third-party liability for such damages, VATION REQUIREMENTS. (1) by striking ‘‘employed by’’ each place it and any amounts collected under this section (a) TITLE 23 AMENDMENT.—Section 138 of title appears and inserting ‘‘directly employed by or shall be credited directly to the Railroad Safety 23, United States Code, is further amended by contracted by’’; and Operations account of the Federal Railroad adding at the end the following: (2) in subsection (b), by inserting ‘‘or agent, Administration and shall remain available until ‘‘(f) RAIL AND TRANSIT.— as applicable,’’ after ‘‘an employee’’; and expended for the repair, operation, and mainte- ‘‘(1) IN GENERAL.—Improvements to, or the (3) by adding at the end the following: nance of automated track inspection cars and maintenance, rehabilitation, or operation of, ‘‘(c) TRANSFERS.— equipment in connection with the automated railroad or rail transit lines or elements thereof ‘‘(1) IN GENERAL.—If a railroad police officer track inspection program.’’. that are in use or were historically used for the directly employed by or contracted by a rail car- (b) CONFORMING AMENDMENT.—The table of transportation of goods or passengers shall not rier and certified or commissioned as a police of- contents for subchapter I of chapter 201 of title be considered a use of a historic site under sub- ficer under the laws of a State transfers primary 49, United States Code, is amended by adding at section (a), regardless of whether the railroad or employment or residence from the certifying or the end the following: rail transit line or element thereof is listed on, or

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eligible for listing on, the National Register of ‘‘(4) APPLICABILITY.—Subsection (l) of section (a) to the Council, the Council shall issue a Historic Places. 139 of title 23 shall apply to railroad projects de- final exemption of railroad rights-of-way from ‘‘(2) EXCEPTIONS.— scribed in paragraph (1), except that the limita- review under chapter 3061 of title 54 consistent ‘‘(A) IN GENERAL.—Paragraph (1) shall not tion on claims of 150 days shall be 2 years. with the exemption for interstate highways ap- apply to— ‘‘(b) ADDITIONAL CATEGORICAL EXCLUSIONS.— proved on March 10, 2005 (70 Fed. Reg. ‘‘(i) stations; or Not later than 6 months after the date of enact- 11,928).’’. ‘‘(ii) bridges or tunnels located on— ment of the Passenger Rail Reform and Invest- (b) CONFORMING AMENDMENT.—The table of ‘‘(I) railroad lines that have been abandoned; ment Act of 2015, the Secretary shall— contents for chapter 242 of title 49, United States or ‘‘(1) survey the use by the Federal Railroad Code, (as added by this Act) is amended by add- ‘‘(II) transit lines that are not in use. Administration of categorical exclusions in ing at the end the following: ‘‘(B) CLARIFICATION WITH RESPECT TO CERTAIN transportation projects since 2005; and ‘‘24202. Railroad rights-of-way.’’. BRIDGES AND TUNNELS.—The bridges and tunnels ‘‘(2) publish in the Federal Register for notice Subtitle F—Financing referred to in subparagraph (A)(ii) do not in- and public comment a review of the survey that clude bridges or tunnels located on railroad or includes a description of— SEC. 11601. SHORT TITLE; REFERENCES. transit lines— ‘‘(A) the types of actions categorically ex- (a) SHORT TITLE.—This subtitle may be cited ‘‘(i) over which service has been discontinued; cluded; and as the ‘‘Railroad Infrastructure Financing Im- or ‘‘(B) any actions the Secretary is considering provement Act’’. ‘‘(ii) that have been railbanked or otherwise for new categorical exclusions, including those (b) REFERENCES TO THE RAILROAD REVITAL- reserved for the transportation of goods or pas- that would conform to those of other modal ad- IZATION AND REGULATORY REFORM ACT OF sengers.’’. ministrations. 1976.—Except as otherwise expressly provided, (b) TITLE 49 AMENDMENT.—Section 303 of title ‘‘(c) NEW CATEGORICAL EXCLUSIONS.—Not wherever in this subtitle an amendment or re- 49, United States Code, is further amended— later than 1 year after the date of enactment of peal is expressed in terms of an amendment to, (1) in subsection (c), in the matter preceding the Passenger Rail Reform and Investment Act or repeal of, a section or other provision, the paragraph (1), by striking ‘‘subsection (d)’’ and of 2015, the Secretary shall publish a notice of reference shall be considered to be made to a inserting ‘‘subsections (d) and (h)’’; and proposed rulemaking to propose new and exist- section or other provision of the Railroad Revi- (2) by adding at the end the following: ing categorical exclusions for railroad projects talization and Regulatory Reform Act of 1976 (45 ‘‘(h) RAIL AND TRANSIT.— that require the approval of the Secretary under U.S.C. 801 et seq.). ‘‘(1) IN GENERAL.—Improvements to, or the SEC. 11602. DEFINITIONS. maintenance, rehabilitation, or operation of, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including those identi- Section 501 (45 U.S.C. 821) is amended— railroad or rail transit lines or elements thereof (1) by redesignating paragraph (8) as para- that are in use or were historically used for the fied under subsection (b), and develop a process for considering new categorical exclusions to the graph (10); transportation of goods or passengers shall not (2) by redesignating paragraphs (6) and (7) as extent that the categorical exclusions meet the be considered a use of a historic site under sub- paragraphs (7) and (8), respectively; criteria for a categorical exclusion under section section (c), regardless of whether the railroad or (3) by inserting after paragraph (5) the fol- 1508.4 of title 40, Code of Federal Regulations. rail transit line or element thereof is listed on, or lowing: ‘‘(d) TRANSPARENCY.—The Secretary shall eligible for listing on, the National Register of ‘‘(6) The term ‘investment-grade rating’ means maintain and make publicly available, including Historic Places. a rating of BBB minus, Baa 3, bbb minus, on the Internet, a database that identifies ‘‘(2) EXCEPTIONS.— BBB(low), or higher assigned by a rating agen- project-specific information on the use of a cat- ‘‘(A) IN GENERAL.—Paragraph (1) shall not cy.’’; apply to— egorical exclusion on any railroad project car- (4) by inserting after paragraph (8), as redes- ‘‘(i) stations; or ried out under this title. ignated, the following: ‘‘(ii) bridges or tunnels located on— ‘‘(e) PROTECTIONS FOR EXISTING AGREEMENTS ‘‘(9) The term ‘master credit agreement’ means ‘‘(I) railroad lines that have been abandoned; AND NEPA.—Nothing in subtitle E of the Pas- an agreement to make 1 or more direct loans or or senger Rail Reform and Investment Act of 2015, loan guarantees at future dates for a program of ‘‘(II) transit lines that are not in use. or any amendment made by such subtitle, shall related projects on terms acceptable to the Sec- ‘‘(B) CLARIFICATION WITH RESPECT TO CERTAIN affect any existing environmental review proc- retary.’’; and BRIDGES AND TUNNELS.—The bridges and tunnels ess, program, agreement, or funding arrange- (5) by adding at the end the following: referred to in subparagraph (A)(ii) do not in- ment approved by the Secretary under title 49, ‘‘(11) The term ‘project obligation’ means a clude bridges or tunnels located on railroad or as that title was in effect on the day preceding note, bond, debenture, or other debt obligation transit lines— the date of enactment of such subtitle.’’. issued by a borrower in connection with the fi- ‘‘(i) over which service has been discontinued; (b) SAVINGS CLAUSE.—Except as expressly pro- nancing of a project, other than a direct loan or or vided in section 41003(f) and subsection (o) of loan guarantee under this title. ‘‘(ii) that have been railbanked or otherwise section 139 of title 23, United States Code, the ‘‘(12) The term ‘railroad’ has the meaning reserved for the transportation of goods or pas- requirements and other provisions of title 41 of given the term ‘railroad carrier’ in section 20102 sengers.’’. this Act shall not apply to— of title 49, United States Code. SEC. 11503. EFFICIENT ENVIRONMENTAL RE- (1) programs administered now and in the fu- ‘‘(13) The term ‘rating agency’ means a credit VIEWS. ture by the Department of Transportation or its rating agency registered with the Securities and (a) AMENDMENT.—Title 49, United States operating administrations under title 23, 46, or Exchange Commission as a nationally recog- Code, is amended by inserting after chapter 241 49, United States Code, including direct loan nized statistical rating organization (as defined the following new chapter: and loan guarantee programs, or other Federal in section 3(a) of the Securities Exchange Act of ‘‘CHAPTER 242—PROJECT DELIVERY statutes or programs or projects administered by 1934 (15 U.S.C. 78c(a))). an agency pursuant to their authority under ‘‘(14) The term ‘substantial completion’ ‘‘Sec. title 49, United States Code; or ‘‘24201. Efficient environmental reviews. means— (2) any project subject to section 2045 of the ‘‘(A) the opening of a project to passenger or ‘‘§ 24201. Efficient environmental reviews Water Resources Development Act of 2007 (33 freight traffic; or ‘‘(a) EFFICIENT ENVIRONMENTAL REVIEWS.— U.S.C. 2348). ‘‘(B) a comparable event, as determined by the ‘‘(1) IN GENERAL.—The Secretary of Transpor- (c) TABLE OF CHAPTERS AMENDMENT.—The Secretary and specified in the terms of the direct tation shall apply the project development pro- table of chapters of subtitle V of title 49, United loan or loan guarantee provided by the Sec- cedures, to the greatest extent feasible, described States Code, is amended by inserting after the retary.’’. in section 139 of title 23 to any railroad project item relating to chapter 241 the following: SEC. 11603. ELIGIBLE APPLICANTS. that requires the approval of the Secretary ‘‘242. Project delivery ...... 24201’’. Section 502(a) (45 U.S.C. 822(a)) is amended— under the National Environmental Policy Act of SEC. 11504. RAILROAD RIGHTS-OF-WAY. (1) in paragraph (5), by striking ‘‘one rail- 1969 (42 U.S.C. 4321 et seq.). road’’ and inserting ‘‘1 of the entities described (a) AMENDMENT.—Chapter 242 of title 49, ‘‘(2) REGULATIONS AND PROCEDURES.—In car- United States Code, (as added by this Act) is in paragraph (1), (2), (3), (4), or (6)’’; and rying out paragraph (1), the Secretary shall in- (2) by amending paragraph (6) to read as fol- amended by adding at the end the following: corporate into agency regulations and proce- lows: dures pertaining to railroad projects described ‘‘§ 24202. Railroad rights-of-way ‘‘(6) solely for the purpose of constructing a in paragraph (1) aspects of such project develop- ‘‘(a) IN GENERAL.—Not later than 1 year after rail connection between a plant or facility and ment procedures, or portions thereof, determined the date of enactment of the Passenger Rail Re- a railroad, limited option freight shippers that appropriate by the Secretary in a manner con- form and Investment Act of 2015, the Secretary own or operate a plant or other facility.’’. sistent with this section, that increase the effi- shall submit a proposed exemption of railroad SEC. 11604. ELIGIBLE PURPOSES. ciency of the review of railroad projects. rights-of-way from the review under section (a) IN GENERAL.—Section 502(b)(1) (45 U.S.C. ‘‘(3) DISCRETION.—The Secretary may choose 306108 of title 54 to the Advisory Council on His- 822(b)(1)) is amended— not to incorporate into agency regulations and toric Preservation for consideration, consistent (1) in subparagraph (A), by inserting ‘‘, and procedures pertaining to railroad projects de- with the exemption for interstate highways ap- costs related to these activities, including pre- scribed in paragraph (1) such project develop- proved on March 10, 2005 (70 Fed. Reg. 11,928). construction costs’’ after ‘‘shops’’; ment procedures that could only feasibly apply ‘‘(b) FINAL EXEMPTION.—Not later than 180 (2) in subparagraph (B), by striking ‘‘sub- to highway projects, public transportation cap- days after the date on which the Secretary sub- paragraph (A); or’’ and inserting ‘‘subpara- ital projects, and multimodal projects. mits the proposed exemption under subsection graph (A) or (C);’’;

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(3) in subparagraph (C), by striking the period ‘‘(5) DASHBOARD.—The Secretary shall post on striking ‘‘35 years from the date of its execu- at the end and inserting a semicolon; and the Department of Transportation’s Internet tion’’ and inserting the following: ‘‘the lesser (4) by adding at the end the following: Web site a monthly report that includes, for of— ‘‘(D) reimburse planning and design expenses each application— ‘‘(A) 35 years after the date of substantial relating to activities described in subparagraph ‘‘(A) the applicant type; completion of the project; or (A) or (C); or ‘‘(B) the location of the project; ‘‘(B) the estimated useful life of the rail equip- ‘‘(E) finance economic development, including ‘‘(C) a brief description of the project, includ- ment or facilities to be acquired, rehabilitated, commercial and residential development, and re- ing its purpose; improved, developed, or established’’. lated infrastructure and activities, that— ‘‘(D) the requested direct loan or loan guar- (b) REPAYMENT SCHEDULES.—Section 502(j) (45 ‘‘(i) incorporates private investment; antee amount; U.S.C. 822(j)) is amended— ‘‘(ii) is physically or functionally related to a ‘‘(E) the date on which the Secretary provided (1) in paragraph (1) by striking ‘‘the sixth an- passenger rail station or multimodal station that application status notice under paragraph (1); niversary date of the original loan disburse- includes rail service; and ment’’ and inserting ‘‘5 years after the date of ‘‘(iii) has a high probability of the applicant ‘‘(F) the date that the Secretary provided no- substantial completion’’; and commencing the contracting process for con- tice of approval or disapproval under paragraph (2) by adding at the end the following: ‘‘(3) DEFERRED PAYMENTS.— struction not later than 90 days after the date (3).’’. ‘‘(A) IN GENERAL.—If at any time after the on which the direct loan or loan guarantee is (b) ADMINISTRATION OF DIRECT LOANS AND date of substantial completion the obligor is un- obligated for the project under this title; and LOAN GUARANTEES.—Section 503 (45 U.S.C. 823) able to pay the scheduled loan repayments of ‘‘(iv) has a high probability of reducing the is amended— principal and interest on a direct loan provided need for financial assistance under any other (1) in subsection (a) by striking the period at under this section, the Secretary, subject to sub- Federal program for the relevant passenger rail the end and inserting ‘‘, including a program paragraph (B), may allow, for a maximum ag- station or service by increasing ridership, tenant guide, a standard term sheet, and specific time- gregate time of 1 year over the duration of the lease payments, or other activities that generate tables.’’; direct loan, the obligor to add unpaid principal revenue exceeding costs.’’. (2) by redesignating subsections (c) through (l) and interest to the outstanding balance of the (b) REQUIRED NON-FEDERAL MATCH FOR as subsections (d) through (m), respectively; SSIGNMENT OF OAN direct loan. TRANSIT-ORIENTED DEVELOPMENT PROJECTS.— (3) by striking ‘‘(b) A L ‘‘(B) INTEREST.—A payment deferred under Section 502(h) (45 U.S.C. 822(h)) is amended by GUARANTEES.—’’ and inserting ‘‘(c) ASSIGNMENT OF LOAN GUARANTEES.—’’; subparagraph (A) shall— adding at the end the following: ‘‘(i) continue to accrue interest under para- ‘‘(4) The Secretary shall require each recipient (4) in subsection (d), as so redesignated— (A) in paragraph (1) by striking ‘‘; and’’ and graph (2) until the loan is fully repaid; and of a direct loan or loan guarantee under this inserting a semicolon; ‘‘(ii) be scheduled to be amortized over the re- section for a project described in subsection (B) in paragraph (2) by striking the period at maining term of the loan. (b)(1)(E) to provide a non-Federal match of not the end and inserting ‘‘; and’’; and ‘‘(4) PREPAYMENTS.— less than 25 percent of the total amount ex- (C) by adding at the end the following: ‘‘(A) USE OF EXCESS REVENUES.—With respect pended by the recipient for such project.’’. ‘‘(3) the modification cost has been covered to a direct loan provided by the Secretary under UNSET.—Section 502(b) (45 U.S.C. 822(b)) (c) S under section 502(f).’’; and this section, any excess revenues that remain is amended by adding at the end the following: (5) by striking subsection (l), as so redesig- after satisfying scheduled debt service require- ‘‘(3) SUNSET.—The Secretary may provide a nated, and inserting the following: ments on the project obligations and direct loan direct loan or loan guarantee under this section ‘‘(l) CHARGES AND LOAN SERVICING.— and all deposit requirements under the terms of for a project described in paragraph (1)(E) only ‘‘(1) PURPOSES.—The Secretary may collect any trust agreement, bond resolution, or similar during the 4-year period beginning on the date from each applicant, obligor, or loan party a agreement securing project obligations may be of enactment of the Passenger Rail Reform and reasonable charge for— applied annually to prepay the direct loan with- Investment Act of 2015.’’. ‘‘(A) the cost of evaluating the application, out penalty. SEC. 11605. PROGRAM ADMINISTRATION. amendments, modifications, and waivers, in- ‘‘(B) USE OF PROCEEDS OF REFINANCING.—The (a) APPLICATION PROCESSING PROCEDURES.— cluding for evaluating project viability, appli- direct loan may be prepaid at any time without Section 502(i) (45 U.S.C. 822(i)) is amended to cant creditworthiness, and the appraisal of the penalty from the proceeds of refinancing from read as follows: value of the equipment or facilities for which non-Federal funding sources.’’. ‘‘(i) APPLICATION PROCESSING PROCEDURES.— the direct loan or loan guarantee is sought, and (c) SALE OF DIRECT LOANS.—Section 502 (45 ‘‘(1) APPLICATION STATUS NOTICES.—Not later for making necessary determinations and find- U.S.C. 822) is amended by adding at the end the than 30 days after the date that the Secretary ings; following: receives an application under this section, or ‘‘(B) the cost of award management and ‘‘(k) SALE OF DIRECT LOANS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2) additional information and material under project management oversight; and as soon as practicable after substantial paragraph (2)(B), the Secretary shall provide ‘‘(C) the cost of services from expert firms, in- completion of a project, the Secretary, after no- the applicant written notice as to whether the cluding counsel, and independent financial ad- tifying the obligor, may sell to another entity or application is complete or incomplete. visors to assist in the underwriting, auditing, reoffer into the capital markets a direct loan for ‘‘(2) INCOMPLETE APPLICATIONS.—If the Sec- servicing, and exercise of rights with respect to the project if the Secretary determines that the retary determines that an application is incom- direct loans and loan guarantees; and sale or reoffering has a high probability of being plete, the Secretary shall— ‘‘(D) the cost of all other expenses incurred as made on favorable terms. ‘‘(A) provide the applicant with a description a result of a breach of any term or condition or ‘‘(2) CONSENT OF OBLIGOR.—In making a sale of all of the specific information or material that any event of default on a direct loan or loan or reoffering under paragraph (1), the Secretary is needed to complete the application, including guarantee. may not change the original terms and condi- any information required by an independent fi- ‘‘(2) STANDARDS.—The Secretary may charge tions of the secured loan without the prior writ- nancial analyst; and different amounts under this subsection based ten consent of the obligor.’’. ‘‘(B) allow the applicant to resubmit the ap- on the different costs incurred under paragraph (d) NONSUBORDINATION.—Section 502 (45 (1). plication with the information and material de- U.S.C. 822) is further amended by adding at the ‘‘(3) SERVICER.— scribed under subparagraph (A) to complete the end the following: ‘‘(A) IN GENERAL.—The Secretary may appoint application. ‘‘(l) NONSUBORDINATION.— a financial entity to assist the Secretary in serv- ‘‘(3) APPLICATION APPROVALS AND DIS- ‘‘(1) IN GENERAL.—Except as provided in para- APPROVALS.— icing a direct loan or loan guarantee under this graph (2), a direct loan provided by the Sec- ‘‘(A) IN GENERAL.—Not later than 60 days title. retary under this section shall not be subordi- after the date the Secretary notifies an appli- ‘‘(B) DUTIES.—A servicer appointed under nated to the claims of any holder of project obli- cant that an application is complete under subparagraph (A) shall act as the agent of the gations in the event of bankruptcy, insolvency, paragraph (1), the Secretary shall provide the Secretary in serving a direct loan or loan guar- or liquidation of the obligor. applicant written notice as to whether the Sec- antee under this title. ‘‘(2) PREEXISTING INDENTURES.— retary has approved or disapproved the applica- ‘‘(C) FEES.—A servicer appointed under sub- ‘‘(A) IN GENERAL.—The Secretary may waive tion. paragraph (A) shall receive a servicing fee from the requirement under paragraph (1) for a pub- ‘‘(B) ACTIONS BY THE OFFICE OF MANAGEMENT the obligor or other loan party, subject to ap- lic agency borrower that is financing ongoing AND BUDGET.—In order to enable compliance proval by the Secretary. capital programs and has outstanding senior with the time limit under subparagraph (A), the ‘‘(4) SAFETY AND OPERATIONS ACCOUNT.— bonds under a preexisting indenture if— Office of Management and Budget shall take Amounts collected under this subsection shall— ‘‘(i) the direct loan is rated in the A category any action required with respect to the applica- ‘‘(A) be credited directly to the Safety and Op- or higher; tion within that 60-day period. erations account of the Federal Railroad Ad- ‘‘(ii) the direct loan is secured and payable ‘‘(4) EXPEDITED PROCESSING.—The Secretary ministration; and from pledged revenues not affected by project shall implement procedures and measures to ‘‘(B) remain available until expended to pay performance, such as a tax-based revenue economize the time and cost involved in obtain- for the costs described in this subsection.’’. pledge or a system-backed pledge of project reve- ing an approval or a disapproval of an applica- SEC. 11606. LOAN TERMS AND REPAYMENT. nues; and tion for a direct loan or loan guarantee under (a) PREREQUISITES FOR ASSISTANCE.—Section ‘‘(iii) the program share, under this title, of el- this title. 502(g)(1) (45 U.S.C. 822(g)(1)) is amended by igible project costs is 50 percent or less.

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‘‘(B) LIMITATION.—The Secretary may impose that is contingent on all of the conditions for user fees, tolls, and other dedicated revenue limitations for the waiver of the nonsubordina- the provision of a direct loan or loan guarantee, sources; and tion requirement under this paragraph if the as applicable, under this title and other applica- (3) estimated costs and benefits of using the Secretary determines that such limitations ble requirements being satisfied prior to the Program relative to other options, including a would be in the financial interest of the Federal issuance of the direct loan or loan guarantee. comparison of the length of time such projects Government.’’. ‘‘(2) CONDITIONS.—Each master credit agree- would likely be completed without Federal cred- SEC. 11607. CREDIT RISK PREMIUMS. ment shall— it assistance. (a) INFRASTRUCTURE PARTNERS.—Section ‘‘(A) establish the maximum amount and gen- DIVISION B—COMPREHENSIVE TRANS- 502(f) (45 U.S.C. 822(f)) is amended— eral terms and conditions of each applicable di- PORTATION AND CONSUMER PROTEC- (1) in paragraph (1) by striking the first sen- rect loan or loan guarantee; TION ACT OF 2015 tence and inserting the following: ‘‘In lieu of or ‘‘(B) identify 1 or more dedicated non-Federal revenue sources that will secure the repayment TITLE XXIV—MOTOR VEHICLE SAFETY in combination with appropriations of budget Subtitle A—Vehicle Safety authority to cover the costs of direct loans and of each applicable direct loan or loan guar- loan guarantees as required under section antee; SEC. 24101. AUTHORIZATION OF APPROPRIA- ‘‘(C) provide for the obligation of funds for TIONS. 504(b)(1) of the Federal Credit Reform Act of the direct loans or loan guarantees contingent (a) IN GENERAL.—Subject to subsection (b), 1990 (2 U.S.C. 661c(b)(1)), including the cost of on and after all requirements have been met for there is authorized to be appropriated to the a modification thereof, the Secretary may accept the projects subject to the master credit agree- Secretary to carry out chapter 301 of title 49, on behalf of an applicant for assistance under ment; and and part C of subtitle VI of title 49, United this section a commitment from a non-Federal ‘‘(D) provide 1 or more dates, as determined by States Code, amounts as follows: source, including a State or local government or the Secretary, before which the master credit (1) $132,730,000 for fiscal year 2016. agency or public benefit corporation or public agreement results in each of the direct loans or (2) $135,517,330 for fiscal year 2017. authority thereof, to fund in whole or in part loan guarantees or in the release of the master (3) $138,363,194 for fiscal year 2018. credit risk premiums and modification costs with credit agreement.’’. (4) $141,268,821 for fiscal year 2019. respect to the loan that is the subject of the ap- SEC. 11609. PRIORITIES AND CONDITIONS. (5) $144,235,466 for fiscal year 2020. plication or modification.’’; (a) PRIORITY PROJECTS.—Section 502(c) (45 (b) ADDITIONAL AUTHORIZATION OF APPRO- (2) in paragraph (2)— U.S.C. 822(c)) is amended— PRIATIONS IF A CERTIFICATION IS MADE.— (A) in subparagraph (D), by adding ‘‘and’’ (1) in paragraph (1), by inserting ‘‘, including (1) IN GENERAL.—In addition to the amounts after the semicolon; projects for the installation of a positive train authorized to be appropriated under subsection (B) by striking subparagraph (E); and control system (as defined in section 20157(i) of (a) to carry out chapter 301 of title 49, and part (C) by redesignating subparagraph (F) as sub- title 49, United States Code)’’ after ‘‘public safe- C of subtitle VI of title 49, United States Code, paragraph (E); ty’’; if the certification described in paragraph (2) is (3) by striking paragraph (4); (2) by moving paragraph (3) to appear before made during a fiscal year there is authorized to (4) by redesignating paragraph (3) as para- paragraph (2), and redesignating those para- be appropriated to the Secretary for that pur- graph (4); graphs accordingly; pose for that fiscal year and subsequent fiscal (5) by inserting after paragraph (2) the fol- (3) in paragraph (5), by inserting ‘‘or chapter years an additional amount as follows: lowing: 227 of title 49’’ after ‘‘section 135 of title 23’’; (A) $46,270,000 for fiscal year 2016. ‘‘(3) CREDITWORTHINESS.—An applicant may (4) by redesignating paragraphs (6) through (B) $51,537,670 for fiscal year 2017. propose and the Secretary shall accept as a (8) as paragraphs (7) through (9), respectively; (C) $57,296,336 for fiscal year 2018. basis for determining the amount of the credit and (D) $62,999,728 for fiscal year 2019. risk premium under paragraph (2) any of the (5) by inserting after paragraph (5) the fol- (E) $69,837,974 for fiscal year 2020. following in addition to the value of any tan- lowing: (2) CERTIFICATION DESCRIBED.—The certifi- gible asset: ‘‘(6) improve railroad stations and passenger cation described in this paragraph is a certifi- ‘‘(A) The net present value of a future stream facilities and increase transit-oriented develop- cation made by the Secretary and submitted to of State or local subsidy income or other dedi- ment;’’. Congress that the National Highway Traffic cated revenues to secure the direct loan or loan (b) CONDITIONS OF ASSISTANCE.—Section Safety Administration has implemented all of guarantee. 502(h)(2) (45 U.S.C. 822(h)(2)) is amended by in- the recommendations in the Office of Inspector ‘‘(B) Adequate coverage requirements to en- serting ‘‘, if applicable’’ after ‘‘project’’. General Audit Report issued June 18, 2015 (ST– sure repayment, on a non-recourse basis, from SEC. 11610. SAVINGS PROVISIONS. 2015–063). As part of the certification, the Sec- cash flows generated by the project or any other (a) IN GENERAL.—Except as provided in sub- retary shall review the actions the National dedicated revenue source, including— section (b) and section 11607(b), this subtitle, Highway Traffic Safety Administration has ‘‘(i) tolls; and the amendments made by this subtitle, shall taken to implement the recommendations and ‘‘(ii) user fees; or not affect any direct loan (or direct loan obliga- issue a report to Congress detailing how the rec- ‘‘(iii) payments owing to the obligor under a tion) or an outstanding loan guarantee (or loan ommendations were implemented. The Secretary public-private partnership. guarantee commitment) that was in effect prior shall not delegate or assign the responsibility ‘‘(C) An investment-grade rating on the direct to the date of enactment of this Act. Any such under this paragraph. loan or loan guarantee, as applicable, except transaction entered into before the date of en- SEC. 24102. INSPECTOR GENERAL RECOMMENDA- that if the total amount of the direct loan or actment of this Act shall be administered until TIONS. loan guarantee is greater than $75,000,000, the completion under its terms as if this Act were (a) IN GENERAL.—Not later than 90 days after applicant shall have an investment-grade rating not enacted. the date of enactment of this Act, and periodi- from at least 2 rating agencies on the direct loan (b) MODIFICATION COSTS.—At the discretion of cally thereafter until the completion date, the or loan guarantee.’’; and the Secretary, the authority to accept modifica- Department of Transportation Inspector Gen- (6) in paragraph (4), as redesignated, by strik- tion costs on behalf of an applicant under sec- eral shall report to the appropriate committees ing ‘‘amounts’’ and inserting ‘‘amounts (and in tion 502(f) of the Railroad Revitalization and of Congress on whether and what progress has the case of a modification, before the modifica- Regulatory Reform Act of 1976 (45 U.S.C. 822(f)), been made to implement the recommendations in tion is executed), to the extent appropriations as amended by section 11607 of this Act, may the Office of Inspector General Audit Report are not available to the Secretary to meet the apply with respect to any direct loan (or direct issued June 18, 2015 (ST–2015–063). costs of direct loans and loan guarantees, in- loan obligation) or an outstanding loan guar- (b) IMPLEMENTATION PROGRESS.—The Admin- cluding costs of modifications thereof’’. antee (or loan guarantee commitment) that was istrator of the National Highway Traffic Safety (b) SAVINGS CLAUSE.—All provisions under in effect prior to the date of enactment of this Administration shall— sections 502 through 504 of the Railroad Revital- Act. (1) not later than 90 days after the date of en- ization and Regulatory Reform Act of 1976 (45 SEC. 11611. REPORT ON LEVERAGING RRIF. actment of this Act, and periodically thereafter U.S.C. 801 et seq.) as they existed on the day be- (a) IN GENERAL.—Not later than 180 days until the completion date, provide a briefing to fore enactment of this Act shall apply to direct after the date of enactment of this Act, the the appropriate committees of Congress on the loans provided by the Secretary prior to the date Comptroller General of the United States shall actions the Administrator has taken to imple- of enactment of this Act, and nothing in this transmit to the Committee on Transportation ment the recommendations in the audit report title may be construed to limit the payback of a and Infrastructure of the House of Representa- described in subsection (a), including a plan for credit risk premium, with interest accrued there- tives and the Committee on Commerce, Science, implementing any remaining recommendations; on, if a direct loan provided by the Secretary and Transportation of the Senate a report that and under such sections has been paid back in full, analyzes how the Railroad Rehabilitation and (2) not later than 1 year after the date of en- prior to the date of enactment of this Act. Improvement Financing Program can be used to actment of this Act, issue a final report to the SEC. 11608. MASTER CREDIT AGREEMENTS. improve passenger rail infrastructure. appropriate committees of Congress on the im- Section 502 (45 U.S.C. 822) is further amended (b) REPORT CONTENTS.—The report required plementation of all of the recommendations in by adding at the end the following: under subsection (a) shall include— the audit report described in subsection (a). ‘‘(m) MASTER CREDIT AGREEMENTS.— (1) illustrative examples of projects that could (c) DEFINITIONS.—In this section: ‘‘(1) IN GENERAL.—Subject to subsection (d) be financed under such Program; (1) APPROPRIATE COMMITTEES OF CONGRESS.— and paragraph (2) of this subsection, the Sec- (2) potential repayment sources for such The term ‘‘appropriate committees of Congress’’ retary may enter into a master credit agreement projects, including tax-increment financing, means the Committee on Commerce, Science, and

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Transportation of the Senate and the Committee (1) IN GENERAL.—Not later than 270 days after (3) provide the open motor vehicle recall infor- on Energy and Commerce of the House of Rep- the date of enactment of this Act, the Secretary mation at no cost to each owner or lessee of a resentatives. shall prescribe a final rule revising the regula- motor vehicle presented for registration in the (2) COMPLETION DATE.—The term ‘‘completion tions under section 577.7 of title 49, Code of Fed- State; and date’’ means the date that the National High- eral Regulations, to include notification by elec- (4) provide such other information as the Sec- way Traffic Safety Administration has imple- tronic means in addition to notification by first retary may require. mented all of the recommendations in the Office class mail. (d) AWARDS.—In selecting an applicant for an of Inspector General Audit Report issued June (2) DEFINITION OF ELECTRONIC MEANS.—In this award under this section, the Secretary shall 18, 2015 (ST–2015–063). subsection, the term ‘‘electronic means’’ includes consider the State’s methodology for deter- SEC. 24103. IMPROVEMENTS IN AVAILABILITY OF electronic mail and may include such other mining open recalls on a motor vehicle, for in- RECALL INFORMATION. means of electronic notification, such as social forming consumers of the open recalls, and for (a) VEHICLE RECALL INFORMATION.—Not later media or targeted online campaigns, as deter- determining performance. than 2 years after the date of enactment of this mined by the Secretary. (e) PERFORMANCE PERIOD.—Each grant Act, the Secretary shall implement current in- (b) NOTIFICATION BY MANUFACTURER.—Sec- awarded under this section shall require a 2- formation technology, web design trends, and tion 30118(c) of title 49, United States Code, is year performance period. best practices that will help ensure that motor amended by inserting ‘‘or electronic mail’’ after (f) REPORT.—Not later than 90 days after the vehicle safety recall information available to the ‘‘certified mail’’. completion of the performance period under sub- public on the Federal website is readily acces- (c) RECALL COMPLETION RATES REPORT.— section (e), a grantee shall provide to the Sec- sible and easy to use, including— (1) IN GENERAL.—Not later than 1 year after retary a report of performance containing such (1) by improving the organization, avail- the date of enactment of this Act, and bienni- information as the Secretary considers necessary ability, readability, and functionality of the ally thereafter for 4 years, the Secretary shall— to evaluate the extent to which open recalls website; (A) conduct an analysis of vehicle safety re- have been remedied. (2) by accommodating high-traffic volume; call completion rates to assess potential actions (g) EVALUATION.—Not later than 180 days and by the National Highway Traffic Safety Admin- after the completion of the pilot program, the (3) by establishing best practices for sched- istration to improve vehicle safety recall comple- Secretary shall evaluate the extent to which uling routine website maintenance. tion rates; and open recalls identified have been remedied. (b) GOVERNMENT ACCOUNTABILITY OFFICE (B) submit to the Committee on Commerce, (h) DEFINITIONS.—In this section: PUBLIC AWARENESS REPORT.— Science, and Transportation of the Senate and (1) CONSUMER.—The term ‘‘consumer’’ in- (1) IN GENERAL.—The Comptroller General the Committee on Energy and Commerce of the shall study the current use by consumers, deal- cludes owner and lessee. House of Representatives a report on the results (2) MOTOR VEHICLE.—The term ‘‘motor vehi- ers, and manufacturers of the safety recall in- of the analysis. cle’’ has the meaning given the term under sec- formation made available to the public, includ- (2) CONTENTS.—Each report shall include— tion 30102(a) of title 49, United States Code. ing the usability and content of the Federal and (A) the annual recall completion rate by man- (3) OPEN RECALL.—The term ‘‘open recall’’ manufacturers’ websites and the National High- ufacturer, model year, component (such as means a recall for which a notification by a way Traffic Safety Administration’s efforts to brakes, fuel systems, and air bags), and vehicle manufacturer has been provided under section publicize and educate consumers about safety type (passenger car, sport utility vehicle, pas- 30119 of title 49, United States Code, and that recall information. senger van, and pick-up truck) for each of the has not been remedied under section 30120 of (2) REPORT.—Not later than 2 years after the 5 years before the year the report is submitted; date of enactment of this Act, the Comptroller (B) the methods by which the Secretary has that title. (4) REGISTRATION.—The term ‘‘registration’’ General shall issue a report with the findings of conducted analyses of these recall completion means the process for registering motor vehicles the study under paragraph (1), including recom- rates to determine trends and identify risk fac- in the State. mending any actions the Secretary can take to tors associated with lower recall rates; and improve public awareness and use of the (C) the actions the Secretary has planned to (5) STATE.—The term ‘‘State’’ has the meaning websites for safety recall information. improve recall completion rates based on the re- given the term under section 101(a) of title 23, (c) PROMOTION OF PUBLIC AWARENESS.—Sec- sults of this data analysis. United States Code. tion 31301(c) of the Moving Ahead for Progress (d) INSPECTOR GENERAL AUDIT OF VEHICLE SEC. 24106. RECALL OBLIGATIONS UNDER BANK- in the 21st Century Act (49 U.S.C. 30166 note) is RECALLS.— RUPTCY. amended to read as follows: (1) IN GENERAL.—The Department of Trans- Section 30120A of title 49, United States Code, ‘‘(c) PROMOTION OF PUBLIC AWARENESS.—The portation Inspector General shall conduct an is amended by striking ‘‘chapter 11 of title 11,’’ Secretary shall improve public awareness of audit of the National Highway Traffic Safety and inserting ‘‘chapter 7 or chapter 11 of title safety recall information made publicly avail- Administration’s management of vehicle safety 11’’. able by periodically updating the method of con- recalls. SEC. 24107. DEALER REQUIREMENT TO CHECK veying that information to consumers, dealers, (2) CONTENTS.—The audit shall include a de- FOR OPEN RECALL. and manufacturers, such as through public termination of whether the National Highway Section 30120(f) of title 49, United States Code, service announcements.’’. Traffic Safety Administration— is amended— (d) CONSUMER GUIDANCE.—Not later than 1 (A) appropriately monitors recalls to ensure (1) by inserting ‘‘(1) IN GENERAL. A manufac- year after the date of enactment of this Act, the the appropriateness of scope and adequacy of turer’’ and indenting appropriately; Secretary shall make available to the public on recall completion rates and remedies; (2) in paragraph (1), as redesignated, by strik- the Internet detailed guidance for consumers (B) ensures manufacturers provide safe rem- ing the period at the end and inserting the fol- submitting safety complaints, including— edies, at no cost to consumers; lowing: ‘‘if— (1) a detailed explanation of what information (C) is capable of coordinating recall remedies ‘‘(A) at the time of providing service for each a consumer should include in a complaint; and and processes; and of the manufacturer’s motor vehicles it services, (2) a detailed explanation of the possible ac- (D) can improve its policy on consumer notice the dealer notifies the owner or the individual tions the National Highway Traffic Safety Ad- to combat effects of recall fatigue. requesting the service of any open recall; and ministration can take to address a complaint SEC. 24105. PILOT GRANT PROGRAM FOR STATE ‘‘(B) the notification requirement under sub- and respond to the consumer, including infor- NOTIFICATION TO CONSUMERS OF paragraph (A) is specified in a franchise, oper- mation on— MOTOR VEHICLE RECALL STATUS. ating, or other agreement between the dealer (a) IN GENERAL.—Not later than October 1, (A) the consumer records, such as photo- and the manufacturer.’’; and graphs and police reports, that could assist with 2016, the Secretary shall implement a 2-year (3) by adding at the end the following: pilot program to evaluate the feasibility and ef- an investigation; and ‘‘(2) DEFINITION OF OPEN RECALL.—In this (B) the length of time a consumer should re- fectiveness of a State process for informing con- subsection, the term ‘open recall’ means a recall tain the records described in subparagraph (A). sumers of open motor vehicle recalls at the time for which a notification by a manufacturer has IN SEARCH.— (e) V of motor vehicle registration in the State. been provided under section 30119 and that has (1) IN GENERAL.—The Secretary, in coordina- (b) GRANTS.—To carry out this program, the not been remedied under this section.’’. tion with industry, including manufacturers Secretary may make a grant to each eligible and dealers, shall study— State, but not more than 6 eligible States in SEC. 24108. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE DEFECTS. (A) the feasibility of searching multiple vehi- total, that agrees to comply with the require- cle identification numbers at a time to retrieve ments under subsection (c). Funds made avail- Section 30120(b) of title 49, United States motor vehicle safety recall information; and able to a State under this section shall be used Code, is amended— (B) the feasibility of making the search mech- by the State for the pilot program described in (1) in paragraph (1), by striking ‘‘60 days’’ anism described under subparagraph (A) pub- subsection (a). and inserting ‘‘180 days’’; and licly available. (c) ELIGIBILITY.—To be eligible for a grant, a (2) in paragraph (2), by striking ‘‘60-day’’ (2) CONSIDERATIONS.—In conducting the study State shall— each place it appears and inserting ‘‘180-day’’. under paragraph (1), the Secretary shall con- (1) submit an application in such form and SEC. 24109. RENTAL CAR SAFETY. sider the potential costs, and potential risks to manner as the Secretary prescribes; (a) SHORT TITLE.—This section may be cited privacy and security in implementing such a (2) agree to notify, at the time of registration, as the ‘‘Raechel and Jacqueline Houck Safe search mechanism. each owner or lessee of a motor vehicle pre- Rental Car Act of 2015’’. SEC. 24104. RECALL PROCESS. sented for registration in the State of any open (b) DEFINITIONS.—Section 30102(a) of title 49, (a) NOTIFICATION IMPROVEMENT.— recall on that vehicle; United States Code, is amended—

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00132 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8781 (1) by redesignating paragraphs (10) and (11) becomes available to the rental company, the (1) may be construed to create or increase any as paragraphs (12) and (13), respectively; rental company may not rent the vehicle until liability, including for loss of use, for a manu- (2) by redesignating paragraphs (1) through the vehicle has been remedied, as provided in facturer as a result of having manufactured or (9) as paragraphs (2) through (10), respectively; subsection (a). imported a motor vehicle subject to a notifica- (3) by inserting before paragraph (2), as redes- ‘‘(D) INAPPLICABILITY TO JUNK AUTO- tion of defect or noncompliance under sub- ignated, the following: MOBILES.—Notwithstanding paragraph (1), this section (b) or (c) of section 30118 of title 49, ‘‘(1) ‘covered rental vehicle’ means a motor ve- subsection does not prohibit a rental company United States Code; or hicle that— from selling a covered rental vehicle if such ve- (2) shall supersede or otherwise affect the con- ‘‘(A) has a gross vehicle weight rating of hicle— tractual obligations, if any, between such a 10,000 pounds or less; ‘‘(i) meets the definition of a junk automobile manufacturer and a rental company (as defined ‘‘(B) is rented without a driver for an initial under section 201 of the Anti-Car Theft Act of in section 30102(a) of title 49, United States term of less than 4 months; and 1992 (49 U.S.C. 30501); Code). ‘‘(C) is part of a motor vehicle fleet of 35 or ‘‘(ii) is retitled as a junk automobile pursuant (j) RULEMAKING.—The Secretary may promul- more motor vehicles that are used for rental pur- to applicable State law; and gate rules, as appropriate, to implement this sec- poses by a rental company.’’; and ‘‘(iii) is reported to the National Motor Vehi- tion and the amendments made by this section. (4) by inserting after paragraph (10), as redes- cle Information System, if required under sec- (k) EFFECTIVE DATE.—The amendments made ignated, the following: tion 204 of such Act (49 U.S.C. 30504).’’. by this section shall take effect on the date that ‘‘(11) ‘rental company’ means a person who— (d) MAKING SAFETY DEVICES AND ELEMENTS is 180 days after the date of enactment of this ‘‘(A) is engaged in the business of renting cov- INOPERATIVE.—Section 30122(b) of title 49, Act. ered rental vehicles; and United States Code, is amended by inserting SEC. 24110. INCREASE IN CIVIL PENALTIES FOR ‘‘(B) uses for rental purposes a motor vehicle ‘‘rental company,’’ after ‘‘dealer,’’ each place VIOLATIONS OF MOTOR VEHICLE fleet of 35 or more covered rental vehicles, on such term appears. SAFETY. average, during the calendar year.’’. (e) INSPECTIONS, INVESTIGATIONS, AND (a) INCREASE IN CIVIL PENALTIES.—Section (c) REMEDIES FOR DEFECTS AND NONCOMPLI- RECORDS.—Section 30166 of title 49, United 30165(a) of title 49, United States Code, is ANCE.—Section 30120(i) of title 49, United States States Code, is amended— amended— Code, is amended— (1) in subsection (c)(2), by striking ‘‘or dealer’’ (1) in paragraph (1)— (1) in the subsection heading, by adding ‘‘, OR each place such term appears and inserting (A) by striking ‘‘$5,000’’ and inserting RENTAL’’ at the end; ‘‘dealer, or rental company’’; ‘‘$21,000’’; and (2) in paragraph (1)— (2) in subsection (e), by striking ‘‘or dealer’’ (B) by striking ‘‘$35,000,000’’ and inserting (A) by striking ‘‘(1) If notification’’ and in- each place such term appears and inserting ‘‘$105,000,000’’; and serting the following: ‘‘dealer, or rental company’’; and (2) in paragraph (3)— ‘‘(1) IN GENERAL.—If notification’’; (3) in subsection (f), by striking ‘‘or to own- (A) by striking ‘‘$5,000’’ and inserting (B) by indenting subparagraphs (A) and (B) ers’’ and inserting ‘‘, rental companies, or other ‘‘$21,000’’; and four ems from the left margin; owners’’. (B) by striking ‘‘$35,000,000’’ and inserting (C) by inserting ‘‘or the manufacturer has (f) RESEARCH AUTHORITY.—The Secretary of ‘‘$105,000,000’’. provided to a rental company notification about Transportation may conduct a study of— (b) EFFECTIVE DATE.—The amendments made a covered rental vehicle in the company’s pos- (1) the effectiveness of the amendments made by subsection (a) of this section take effect on session at the time of notification’’ after ‘‘time by this section; and the date that the Secretary certifies to Congress of notification’’; (2) other activities of rental companies (as de- that the National Highway Traffic Safety Ad- (D) by striking ‘‘the dealer may sell or lease,’’ fined in section 30102(a)(11) of title 49, United ministration has issued the final rule required and inserting ‘‘the dealer or rental company States Code) related to their use and disposition by section 31203(b) of the Moving Ahead for may sell, lease, or rent’’; and of motor vehicles that are the subject of a notifi- Progress In the 21st Century Act (Public Law (E) in subparagraph (A), by striking ‘‘sale or cation required under section 30118 of title 49, 112–141; 126 Stat. 758; 49 U.S.C. 30165 note). lease’’ and inserting ‘‘sale, lease, or rental United States Code. (c) PUBLICATION OF EFFECTIVE DATE.—The agreement’’; (g) STUDY.— Secretary shall publish notice of the effective (3) by amending paragraph (2) to read as fol- (1) ADDITIONAL REQUIREMENT.—Section date under subsection (b) of this section in the lows: 32206(b)(2) of the Moving Ahead for Progress in Federal Register. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this the 21st Century Act (Public Law 112–141; 126 subsection may be construed to prohibit a dealer SEC. 24111. ELECTRONIC ODOMETER DISCLO- Stat. 785) is amended— SURES. or rental company from offering the vehicle or (A) in subparagraph (E), by striking ‘‘and’’ at equipment for sale, lease, or rent.’’; and Section 32705(g) of title 49, United States the end; Code, is amended— (4) by adding at the end the following: (B) by redesignating subparagraph (F) as sub- ‘‘(3) SPECIFIC RULES FOR RENTAL COMPANIES.— (1) by inserting ‘‘(1)’’ before ‘‘Not later than’’ paragraph (G); and and indenting appropriately; and ‘‘(A) IN GENERAL.—Except as otherwise pro- (C) by inserting after subparagraph (E) the vided under this paragraph, a rental company (2) by adding at the end the following: following: ‘‘(2) Notwithstanding paragraph (1) and sub- shall comply with the limitations on sale, lease, ‘‘(F) evaluate the completion of safety recall ject to paragraph (3), a State, without approval or rental set forth in subparagraph (C) and remedies on rental trucks; and’’. from the Secretary under subsection (d), may paragraph (1) as soon as practicable, but not (2) REPORT.—Section 32206(c) of such Act is allow for written disclosures or notices and re- later than 24 hours after the earliest receipt of amended— lated matters to be provided electronically if— the notice to owner under subsection (b) or (c) (A) in paragraph (1), by striking ‘‘subsection ‘‘(A) in compliance with— of section 30118 (including the vehicle identifica- (b)’’ and inserting ‘‘subparagraphs (A) through ‘‘(i) the requirements of subchapter 1 of chap- tion number for the covered vehicle) by the rent- (E) and (G) of subsection (b)(2)’’; ter 96 of title 15; or al company, whether by electronic means or (B) by redesignating paragraphs (1) and (2) as ‘‘(ii) the requirements of a State law under first class mail. subparagraphs (A) and (B), respectively; section 7002(a) of title 15; and ‘‘(B) SPECIAL RULE FOR LARGE VEHICLE (C) by striking ‘‘REPORT. Not later’’ and in- ‘‘(B) the disclosures or notices otherwise meet FLEETS.—Notwithstanding subparagraph (A), if serting the following: the requirements under this section, including a rental company receives a notice to owner cov- ‘‘(c) REPORTS.— appropriate authentication and security meas- ering more than 5,000 motor vehicles in its fleet, ‘‘(1) INITIAL REPORT.—Not later’’; and the rental company shall comply with the limi- (D) by adding at the end the following: ures. tations on sale, lease, or rental set forth in sub- ‘‘(2) SAFETY RECALL REMEDY REPORT.—Not ‘‘(3) Paragraph (2) ceases to be effective on paragraph (C) and paragraph (1) as soon as later than 1 year after the date of the enactment the date the regulations under paragraph (1) be- practicable, but not later than 48 hours after the of the ‘Raechel and Jacqueline Houck Safe come effective.’’. earliest receipt of the notice to owner under sub- Rental Car Act of 2015’, the Secretary shall sub- SEC. 24112. CORPORATE RESPONSIBILITY FOR section (b) or (c) of section 30118 (including the mit a report to the congressional committees set NHTSA REPORTS. vehicle identification number for the covered ve- forth in paragraph (1) that contains— Section 30166(o) of title 49, United States hicle) by the rental company, whether by elec- ‘‘(A) the findings of the study conducted pur- Code, is amended— tronic means or first class mail. suant to subsection (b)(2)(F); and (1) in paragraph (1), by striking ‘‘may’’ and ‘‘(C) SPECIAL RULE FOR WHEN REMEDIES NOT ‘‘(B) any recommendations for legislation that inserting ‘‘shall’’; and IMMEDIATELY AVAILABLE.—If a notification re- the Secretary determines to be appropriate.’’. (2) by adding at the end the following: quired under subsection (b) or (c) of section (h) PUBLIC COMMENTS.—The Secretary shall ‘‘(3) DEADLINE.—Not later than 1 year after 30118 indicates that the remedy for the defect or solicit comments regarding the implementation the date of enactment of the Comprehensive noncompliance is not immediately available and of this section from members of the public, in- Transportation and Consumer Protection Act of specifies actions to temporarily alter the vehicle cluding rental companies, consumer organiza- 2015, the Secretary shall issue a final rule under that eliminate the safety risk posed by the defect tions, automobile manufacturers, and auto- paragraph (1).’’. or noncompliance, the rental company, after mobile dealers. SEC. 24113. DIRECT VEHICLE NOTIFICATION OF causing the specified actions to be performed, (i) RULE OF CONSTRUCTION.—Nothing in this RECALLS. may rent (but may not sell or lease) the motor section or the amendments made by this sec- (a) RECALL NOTIFICATION REPORT.—Not later vehicle. Once the remedy for the rental vehicle tion— than 1 year after the date of enactment of this

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00133 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8782 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Act, the Secretary shall issue a report on the components, include in such report, with respect which the event data recorder is installed un- feasibility of a technical system that would op- to such component or components, the following less— erate in each new motor vehicle to indicate information: (1) a court or other judicial or administrative when the vehicle is subject to an open recall. ‘‘(1) The name of the component or compo- authority having jurisdiction— (b) DEFINITION OF OPEN RECALL.—In this sec- nents. (A) authorizes the retrieval of the data; and tion the term ‘‘open recall’’ means a recall for ‘‘(2) A description of the component or compo- (B) to the extent that there is retrieved data, which a notification by a manufacturer has nents. the data is subject to the standards for admis- been provided under section 30119 of title 49, ‘‘(3) The part number of the component or sion into evidence required by that court or United States Code, and that has not been rem- components, if any.’’. other administrative authority; edied under section 30120 of that title. Subtitle B—Research And Development And (2) an owner or a lessee of the motor vehicle SEC. 24114. UNATTENDED CHILDREN WARNING. Vehicle Electronics provides written, electronic, or recorded audio Section 31504(a) of the Moving Ahead for consent to the retrieval of the data for any pur- SEC. 24201. REPORT ON OPERATIONS OF THE pose, including the purpose of diagnosing, serv- Progress in the 21st Century Act (49 U.S.C. 30111 COUNCIL FOR VEHICLE ELEC- note) is amended by striking ‘‘may’’ and insert- TRONICS, VEHICLE SOFTWARE, AND icing, or repairing the motor vehicle, or by ing ‘‘shall’’. EMERGING TECHNOLOGIES. agreeing to a subscription that describes how data will be retrieved and used; SEC. 24115. TIRE PRESSURE MONITORING SYS- Not later than 1 year after the date of enact- TEM. ment of this Act, the Secretary shall submit to (3) the data is retrieved pursuant to an inves- tigation or inspection authorized under section (a) PROPOSED RULE.—Not later than 1 year the Committee on Commerce, Science, and after the date of enactment of this Act, the Sec- Transportation of the Senate and the Committee 1131(a) or 30166 of title 49, United States Code, retary shall publish a proposed rule that— on Energy and Commerce of the House of Rep- and the personally identifiable information of (1) updates the standards pertaining to tire resentatives a report regarding the operations of an owner or a lessee of the vehicle and the vehi- pressure monitoring systems to ensure that a tire the Council for Vehicle Electronics, Vehicle cle identification number is not disclosed in con- pressure monitoring system that is installed in a Software, and Emerging Technologies estab- nection with the retrieved data, except that the new motor vehicle after the effective date of lished under section 31401 of the Moving Ahead vehicle identification number may be disclosed such updated standards cannot be overridden, for Progress in the 21st Century Act (49 U.S.C. to the certifying manufacturer; reset, or recalibrated in such a way that the sys- 105 note). The report shall include information (4) the data is retrieved for the purpose of de- tem will no longer detect when the inflation about the accomplishments of the Council, the termining the need for, or facilitating, emer- pressure in one or more of the vehicle’s tires has role of the Council in integrating and aggre- gency medical response in response to a motor fallen to or below a significantly underinflated gating electronic and emerging technologies ex- vehicle crash; or (5) the data is retrieved for traffic safety re- pressure level; and pertise across the National Highway Traffic search, and the personally identifiable informa- (2) does not contain any provision that has Safety Administration, the role of the Council in tion of an owner or a lessee of the vehicle and the effect of prohibiting the availability of direct coordinating with other Federal agencies, and the vehicle identification number is not dis- or indirect tire pressure monitoring systems that the priorities of the Council over the next 5 closed in connection with the retrieved data. meet the requirements of the standards updated years. SEC. 24303. VEHICLE EVENT DATA RECORDER pursuant to paragraph (1). SEC. 24202. COOPERATION WITH FOREIGN GOV- STUDY. (b) FINAL RULE.—Not later than 2 years after ERNMENTS. (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, after pro- (a) TITLE 49 AMENDMENT.—Section 30182(b) of the date of enactment of this Act, the Adminis- viding the public with sufficient opportunity for title 49, United States Code, is amended— trator of the National Highway Traffic Safety notice and comment on the proposed rule pub- (1) in paragraph (4), by striking ‘‘; and’’ and Administration shall submit to Congress a report lished pursuant to subsection (a), the Secretary inserting a semicolon; that contains the results of a study conducted shall issue a final rule based on the proposed (2) in paragraph (5), by striking the period at by the Administrator to determine the amount of rule described in subsection (a) that— the end and inserting ‘‘; and’’; and time event data recorders installed in passenger (1) allows a manufacturer to install a tire (3) by inserting after paragraph (5) the fol- motor vehicles should capture and record for re- pressure monitoring system that can be reset or lowing: trieval vehicle-related data in conjunction with recalibrated to accommodate— ‘‘(6) in coordination with Department of an event in order to provide sufficient informa- (A) the repositioning of tire sensor locations State, enter into cooperative agreements and tion to investigate the cause of motor vehicle on vehicles with split inflation pressure rec- collaborative research and development agree- crashes. ommendations; ments with foreign governments.’’. (b) RULEMAKING.—Not later than 2 years after (B) tire rotation; or (b) TITLE 23 AMENDMENT.—Section 403 of title submitting the report required under subsection (C) replacement tires or wheels of a different 23, United States Code, is amended— (a), the Administrator of the National Highway size than the original equipment tires or wheels; (1) in subsection (b)(2)(C), by inserting ‘‘for- Traffic Safety Administration shall promulgate and eign government (in coordination with the De- regulations to establish the appropriate period (2) to address the accommodations described partment of State)’’ after ‘‘institution,’’; and during which event data recorders installed in in subparagraphs (A), (B), and (C) of para- (2) in subsection (c)(1)(A), by inserting ‘‘for- passenger motor vehicles may capture and graph (1), ensures that a tire pressure moni- eign governments,’’ after ‘‘local governments,’’. record for retrieval vehicle-related data to the toring system that is reset or recalibrated ac- (c) AUDIT.—The Department of Transpor- time necessary to provide accident investigators cording to the manufacturer’s instructions tation Inspector General shall conduct an audit with vehicle-related information pertinent to would illuminate the low tire pressure warning of the Secretary of Transportation’s manage- crashes involving such motor vehicles. telltale when a tire is significantly under- ment and oversight of cooperative agreements inflated until the tire is no longer significantly and collaborative research and development PART II—SAFETY THROUGH INFORMED underinflated. agreements, including any cooperative agree- CONSUMERS ACT OF 2015 (c) SIGNIFICANTLY UNDERINFLATED PRESSURE ments between the Secretary of Transportation SEC. 24321. SHORT TITLE. LEVEL DEFINED.—In this section, the term ‘‘sig- and foreign governments under section This part may be cited as the ‘‘Safety nificantly underinflated pressure level’’ means a 30182(b)(6) of title 49, United States Code, and Through Informed Consumers Act of 2015’’. pressure level that is— subsections (b)(2)(C) and (c)(1)(A) of title 23, SEC. 24322. PASSENGER MOTOR VEHICLE INFOR- (1) below the level at which the low tire pres- United States Code. MATION. sure warning telltale must illuminate, consistent Subtitle C—Miscellaneous Provisions Section 32302 of title 49, United States Code, is with the TPMS detection requirements con- PART I—DRIVER PRIVACY ACT OF 2015 amended by inserting after subsection (b) the tained in S4.2(a) of section 571.138 of title 49, following: Code of Federal Regulations, or any cor- SEC. 24301. SHORT TITLE. ‘‘(c) CRASH AVOIDANCE.—Not later than 1 year responding similar or successor regulation or This part may be cited as the ‘‘Driver Privacy after the date of enactment of the Safety ruling (as determined by the Secretary); and Act of 2015’’. Through Informed Consumers Act of 2015, the (2) in the case of a replacement wheel or tire, SEC. 24302. LIMITATIONS ON DATA RETRIEVAL Secretary shall promulgate a rule to ensure that below the recommended cold inflation pressure FROM VEHICLE EVENT DATA RE- crash avoidance information is indicated next to of the wheel or tire manufacturer. CORDERS. crashworthiness information on stickers placed SEC. 24116. INFORMATION REGARDING COMPO- (a) OWNERSHIP OF DATA.—Any data retained on motor vehicles by their manufacturers.’’. NENTS INVOLVED IN RECALL. by an event data recorder (as defined in section Section 30119 of title 49, United States Code, is 563.5 of title 49, Code of Federal Regulations), PART III—TIRE EFFICIENCY, SAFETY, AND amended by adding at the end the following: regardless of when the motor vehicle in which it REGISTRATION ACT OF 2015 ‘‘(g) INFORMATION REGARDING COMPONENTS is installed was manufactured, is the property of SEC. 24331. SHORT TITLE. INVOLVED IN RECALL.—A manufacturer that is the owner, or, in the case of a leased vehicle, This part may be cited as the ‘‘Tire Efficiency, required to furnish a report under section 573.6 the lessee of the motor vehicle in which the Safety, and Registration Act of 2015’’ or the of title 49, Code of Federal Regulations (or any event data recorder is installed. ‘‘TESR Act’’. successor regulation) for a defect or noncompli- (b) PRIVACY.—Data recorded or transmitted by SEC. 24332. TIRE FUEL EFFICIENCY MINIMUM ance in a motor vehicle or in an item of original an event data recorder described in subsection PERFORMANCE STANDARDS. or replacement equipment shall, if such defect or (a) may not be accessed by a person other than Section 32304A of title 49, United States Code, noncompliance involves a specific component or an owner or a lessee of the motor vehicle in is amended—

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00134 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8783 (1) in the section heading, by inserting ‘‘AND ter-type snow tires, space-saver or temporary 600.510-12(c)(2) (vii)(A) of title 40, Code of Fed- STANDARDS’’ after ‘‘CONSUMER TIRE IN- use spare tires, or tires with nominal rim diame- eral Regulations, to replace references to the FORMATION’’; ters of 12 inches or less. year ‘‘2019’’ with the year ‘‘2016’’. (2) in subsection (a)— ‘‘(d) COORDINATION AMONG REGULATIONS.— PART V—MOTOR VEHICLE SAFETY (A) in the heading, by striking ‘‘Rulemaking’’ ‘‘(1) COMPATIBILITY.—The Secretary shall en- WHISTLEBLOWER ACT and inserting ‘‘Consumer Tire Information’’; sure that the test procedures and requirements SEC. 24351. SHORT TITLE. and promulgated under subsections (a), (b), and (c) This part may be cited as the ‘‘Motor Vehicle (B) in paragraph (1), by inserting ‘‘(referred are compatible and consistent. Safety Whistleblower Act’’. to in this section as the ‘Secretary’)’’ after ‘‘Sec- ‘‘(2) COMBINED EFFECT OF RULES.—The Sec- retary of Transportation’’; retary shall evaluate the regulations promul- SEC. 24352. MOTOR VEHICLE SAFETY WHISTLE- BLOWER INCENTIVES AND PROTEC- (3) by redesignating subsections (b) through gated under subsections (b) and (c) to ensure (e) as subsections (e) though (h), respectively; TIONS. that compliance with the minimum performance (a) IN GENERAL.—Subchapter IV of chapter and standards promulgated under subsection (b) will (4) by inserting after subsection (a) the fol- 301 of title 49, United States Code, is amended not diminish wet traction performance of af- by adding at the end the following: lowing: fected tires. ‘‘§ 30172. Whistleblower incentives and protec- ‘‘(b) PROMULGATION OF REGULATIONS FOR ‘‘(3) RULEMAKING DEADLINES.—The Secretary TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE shall promulgate— tions STANDARDS.— ‘‘(A) the regulations under subsections (b) and ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) IN GENERAL.—The Secretary, after con- (c) not later than 24 months after the date of en- ‘‘(1) COVERED ACTION.—The term ‘covered ac- sultation with the Secretary of Energy and the actment of this Act; and tion’ means any administrative or judicial ac- Administrator of the Environmental Protection ‘‘(B) the regulations under subsection (c) not tion, including any related administrative or ju- Agency, shall promulgate regulations for tire later than the date of promulgation of the regu- dicial action, brought by the Secretary or the fuel efficiency minimum performance standards lations under subsection (b).’’. Attorney General under this chapter that in the for— SEC. 24333. TIRE REGISTRATION BY INDE- aggregate results in monetary sanctions exceed- ‘‘(A) passenger car tires with a maximum PENDENT SELLERS. ing $1,000,000. speed capability equal to or less than 149 miles Paragraph (3) of section 30117(b) of title 49, ‘‘(2) MONETARY SANCTIONS.—The term ‘mone- per hour or 240 kilometers per hour; and United States Code, is amended to read as fol- tary sanctions’ means monies, including pen- ‘‘(B) passenger car tires with a maximum lows: alties and interest, ordered or agreed to be paid. speed capability greater than 149 miles per hour ‘‘(3) ORIGINAL INFORMATION.—The term ‘origi- ‘‘(3) RULEMAKING.— or 240 kilometers per hour. nal information’ means information that— ‘‘(A) IN GENERAL.—The Secretary shall ini- ‘‘(2) TIRE FUEL EFFICIENCY MINIMUM PER- ‘‘(A) is derived from the independent knowl- tiate a rulemaking to require a distributor or FORMANCE STANDARDS.— edge or analysis of an individual; dealer of tires that is not owned or controlled by ‘‘(A) STANDARD BASIS AND TEST PROCE- ‘‘(B) is not known to the Secretary from any a manufacturer of tires to maintain records of— DURES.—The minimum performance standards other source, unless the individual is the origi- ‘‘(i) the name and address of tire purchasers promulgated under paragraph (1) shall be ex- nal source of the information; and pressed in terms of the rolling resistance coeffi- and lessors; ‘‘(C) is not exclusively derived from an allega- ‘‘(ii) information identifying the tire that was cient measured using the test procedure speci- tion made in a judicial or an administrative ac- purchased or leased; and fied in section 575.106 of title 49, Code of Federal tion, in a governmental report, a hearing, an ‘‘(iii) any additional records the Secretary Regulations (as in effect on the date of enact- audit, or an investigation, or from the news considers appropriate. ment of this Act). media, unless the individual is a source of the ‘‘(B) ELECTRONIC TRANSMISSION.—The rule- ‘‘(B) NO DISPARATE EFFECT ON HIGH PERFORM- information. making carried out under subparagraph (A) ANCE TIRES.—The Secretary shall ensure that ‘‘(4) PART SUPPLIER.—The term ‘part supplier’ shall require a distributor or dealer of tires that the minimum performance standards promul- means a manufacturer of motor vehicle equip- is not owned or controlled by a manufacturer of gated under paragraph (1) will not have a dis- ment. tires to electronically transmit the records de- proportionate effect on passenger car high per- ‘‘(5) SUCCESSFUL RESOLUTION.—The term ‘suc- scribed in clauses (i), (ii), and (iii) of subpara- formance tires with a maximum speed capability cessful resolution’, with respect to a covered ac- graph (A) to the manufacturer of the tires or the greater than 149 miles per hour or 240 kilometers tion, includes any settlement or adjudication of designee of the manufacturer by secure means per hour. the covered action. at no cost to tire purchasers or lessors. ‘‘(C) APPLICABILITY.— ‘‘(6) WHISTLEBLOWER.—The term ‘whistle- ‘‘(i) IN GENERAL.—This subsection applies to ‘‘(C) SATISFACTION OF REQUIREMENTS.—A reg- blower’ means any employee or contractor of a new pneumatic tires for use on passenger cars. ulation promulgated under subparagraph (A) motor vehicle manufacturer, part supplier, or ‘‘(ii) EXCEPTIONS.—This subsection does not may be considered to satisfy the requirements of dealership who voluntarily provides to the Sec- apply to light truck tires, deep tread tires, win- paragraph (2)(B).’’. retary original information relating to any ter-type snow tires, space-saver or temporary SEC. 24334. TIRE IDENTIFICATION STUDY AND RE- motor vehicle defect, noncompliance, or any vio- use spare tires, or tires with nominal rim diame- PORT. lation or alleged violation of any notification or ters of 12 inches or less. (a) STUDY.—The Secretary shall conduct a reporting requirement of this chapter, which is ‘‘(c) PROMULGATION OF REGULATIONS FOR study to examine the feasibility of requiring all likely to cause unreasonable risk of death or se- TIRE WET TRACTION MINIMUM PERFORMANCE manufacturers of tires subject to section 30117(b) rious physical injury. STANDARDS.— of title 49, United States Code, to— ‘‘(b) AWARDS.— ‘‘(1) IN GENERAL.—The Secretary shall pro- (1) include electronic identification on every ‘‘(1) IN GENERAL.—If the original information mulgate regulations for tire wet traction min- tire that reflects all of the information currently that a whistleblower provided to the Secretary imum performance standards to ensure that pas- required in the tire identification number; and leads to the successful resolution of a covered senger tire wet traction capability is not reduced (2) ensure that the same type and format of action, the Secretary, subject to subsection (c), to achieve improved tire fuel efficiency. electronic information technology is used on all may pay an award or awards to one or more ‘‘(2) TIRE WET TRACTION MINIMUM PERFORM- tires. whistleblowers in an aggregate amount of— ANCE STANDARDS.— (b) REPORT.—The Secretary shall submit to ‘‘(A) not less than 10 percent, in total, of col- ‘‘(A) BASIS OF STANDARD.—The minimum per- the Committee on Commerce, Science, and lected monetary sanctions; and formance standards promulgated under para- Transportation of the Senate and the Committee ‘‘(B) not more than 30 percent, in total, of col- graph (1) shall be expressed in terms of peak co- on Energy and Commerce of the House of Rep- lected monetary sanctions. efficient of friction. resentatives a report on the results of the study ‘‘(2) PAYMENT OF AWARDS.—Any amount pay- ‘‘(B) TEST PROCEDURES.—Any test procedure required by paragraph (1). able under paragraph (1) shall be paid from the promulgated under this subsection shall be con- SEC. 24335. TIRE RECALL DATABASE. monetary sanctions collected, and any monetary sistent with any test procedure promulgated (a) IN GENERAL.—The Secretary shall estab- sanctions so collected shall be available for such under subsection (a). lish a publicly available and searchable elec- payment. ‘‘(C) BENCHMARKING.—The Secretary shall tronic database of tire recall information that is ‘‘(c) DETERMINATION OF AWARDS; DENIAL OF conduct testing to benchmark the wet traction reported to the Administrator of the National AWARDS.— performance of tire models available for sale in Highway Traffic Safety Administration. ‘‘(1) DETERMINATION OF AWARDS.— ‘‘(A) DISCRETION.—The determination of the United States as of the date of enactment of (b) TIRE IDENTIFICATION NUMBER.—The data- whether, to whom, or in what amount to make this Act to ensure that the minimum perform- base established under subsection (a) shall be an award shall be in the discretion of the Sec- ance standards promulgated under paragraph searchable by Tire Identification Number (TIN) retary subject to the provisions in subsection (1) are tailored to— and any other criteria that assists consumers in (b)(1). ‘‘(i) tires sold in the United States; and determining whether a tire is subject to a recall. ‘‘(ii) the needs of consumers in the United ‘‘(B) CRITERIA.—In determining an award States. PART IV—ALTERNATIVE FUEL VEHICLES made under subsection (b), the Secretary shall ‘‘(D) APPLICABILITY.— SEC. 24341. REGULATORY PARITY FOR NATURAL take into consideration— ‘‘(i) IN GENERAL.—This subsection applies to GAS VEHICLES. ‘‘(i) if appropriate, whether a whistleblower new pneumatic tires for use on passenger cars. The Administrator of the Environmental Pro- reported or attempted to report the information ‘‘(ii) EXCEPTIONS.—This subsection does not tection Agency shall revise the regulations internally to an applicable motor vehicle manu- apply to light truck tires, deep tread tires, win- issued in sections 600.510-12(c)(2)(vi) and facturer, part supplier, or dealership;

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00135 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8784 CONGRESSIONAL RECORD — HOUSE December 1, 2015 ‘‘(ii) the significance of the original informa- eral to present such evidence to a grand jury or Infrastructure of the House of Representatives tion provided by the whistleblower to the suc- to share such evidence with potential witnesses and the Committee on Commerce, Science, and cessful resolution of the covered action; or defendants in the course of an ongoing crimi- Transportation of the Senate an annual plan ‘‘(iii) the degree of assistance provided by the nal investigation. for the following calendar year detailing the whistleblower and any legal representative of ‘‘(5) AVAILABILITY TO GOVERNMENT AGEN- Administration’s projected activities, includ- the whistleblower in the covered action; and CIES.— ing— ‘‘(iv) such additional factors as the Secretary ‘‘(A) IN GENERAL.—Without the loss of its sta- (1) the Administrator’s policy priorities; considers relevant. tus as confidential in the hands of the Sec- (2) any rulemakings projected to be com- ‘‘(2) DENIAL OF AWARDS.—No award under retary, all information referred to in paragraph menced; subsection (b) shall be made— (1) may, in the discretion of the Secretary, when (3) any plans to develop guidelines; ‘‘(A) to any whistleblower who is convicted of determined by the Secretary to be necessary or (4) any plans to restructure the Administra- a criminal violation related to the covered ac- appropriate to accomplish the purposes of this tion or to establish or alter working groups; tion for which the whistleblower otherwise chapter and in accordance with subparagraph (5) any planned projects or initiatives of the could receive an award under this section; (B), be made available to the following: Administration, including the working groups ‘‘(B) to any whistleblower who, acting with- ‘‘(i) The Department of Justice. and advisory committees of the Administration; out direction from an applicable motor vehicle ‘‘(ii) An appropriate department or agency of and manufacturer, part supplier, or dealership, or the Federal Government, acting within the (6) any projected dates or timetables associ- agent thereof, deliberately causes or substan- scope of its jurisdiction. ated with any of the items described in para- tially contributes to the alleged violation of a re- ‘‘(B) MAINTENANCE OF INFORMATION.—Each graphs (1) through (5). quirement of this chapter; entity described in subparagraph (A) shall ‘‘(C) to any whistleblower who submits infor- SEC. 24402. APPLICATION OF REMEDIES FOR DE- maintain information described in that subpara- FECTS AND NONCOMPLIANCE. mation to the Secretary that is based on the graph as confidential, in accordance with the Section 30120(g)(1) of title 49, United States facts underlying the covered action submitted requirements in paragraph (1). previously by another whistleblower; Code, is amended by striking ‘‘10 calendar ‘‘(g) PROVISION OF FALSE INFORMATION.—A years’’ and inserting ‘‘15 calendar years’’. ‘‘(D) to any whistleblower who fails to provide whistleblower who knowingly and intentionally the original information to the Secretary in such SEC. 24403. RETENTION OF SAFETY RECORDS BY makes any false, fictitious, or fraudulent state- MANUFACTURERS. form as the Secretary may require by regulation; ment or representation, or who makes or uses (a) RULE.—Not later than 18 months after the or any false writing or document knowing the ‘‘(E) if the applicable motor vehicle manufac- date of enactment of this Act, the Secretary of same to contain any false, fictitious, or fraudu- Transportation shall issue a final rule pursuant turer, parts supplier, or dealership has an inter- lent statement or entry, shall not be entitled to nal reporting mechanism in place to protect em- to section 30117 of title 49, United States Code, an award under this section and shall be subject requiring each manufacturer of motor vehicles ployees from retaliation, to any whistleblower to prosecution under section 1001 of title 18. who fails to report or attempt to report the in- or motor vehicle equipment to retain all motor ‘‘(h) APPEALS.— vehicle safety records required to be maintained formation internally through such mechanism, ‘‘(1) IN GENERAL.—Any determination made by manufacturers under section 576.6 of title 49, unless— under this section, including whether, to whom, ‘‘(i) the whistleblower reasonably believed Code of Federal Regulations, for a period of not or in what amount to make an award, shall be that such an internal report would have re- less than 10 calendar years from the date on in the discretion of the Secretary. sulted in retaliation, notwithstanding section which they were generated or acquired by the ‘‘(2) APPEALS.—Any determination made by manufacturer. 30171(a); the Secretary under this section may be ap- ‘‘(ii) the whistleblower reasonably believed (b) APPLICATION.—The rule required by sub- pealed by a whistleblower to the appropriate that the information— section (a) shall apply with respect to any court of appeals of the United States not later ‘‘(I) was already internally reported; record described in such subsection that is in the than 30 days after the determination is issued ‘‘(II) was already subject to or part of an in- possession of a manufacturer on the effective by the Secretary. ternal inquiry or investigation; or date of such rule. ‘‘(3) REVIEW.—The court shall review the de- ‘‘(III) was otherwise already known to the SEC. 24404. NONAPPLICATION OF PROHIBITIONS motor vehicle manufacturer, part supplier, or termination made by the Secretary in accord- ance with section 706 of title 5. RELATING TO NONCOMPLYING dealership; or MOTOR VEHICLES TO VEHICLES ‘‘(iii) the Secretary has good cause to waive ‘‘(i) REGULATION.—Not later than 18 months USED FOR TESTING OR EVALUATION. this requirement. after the date of enactment of this section, the Section 30112(b) of title 49, United States ‘‘(d) REPRESENTATION.—A whistleblower may Secretary shall promulgate regulations on the Code, is amended— be represented by counsel. requirements of this section, consistent with this (1) in paragraph (8), by striking ‘‘; or’’ and ‘‘(e) NO CONTRACT NECESSARY.—No contract section.’’. inserting a semicolon; (b) RULE OF CONSTRUCTION.— with the Secretary is necessary for any whistle- (2) in paragraph (9), by striking the period at (1) ORIGINAL INFORMATION.—Information sub- blower to receive an award under subsection (b). the end and inserting ‘‘; or’’; and mitted to the Secretary of Transportation by a ‘‘(f) PROTECTION OF WHISTLEBLOWERS; CON- (3) by adding at the end the following new whistleblower in accordance with the require- FIDENTIALITY.— paragraph: ‘‘(1) IN GENERAL.—Notwithstanding section ments of section 30172 of title 49, United States ‘‘(10) the introduction of a motor vehicle in 30167, and except as provided in paragraphs (4) Code, shall not lose its status as original infor- interstate commerce solely for purposes of test- and (5) of this subsection, the Secretary, and mation solely because the whistleblower sub- ing or evaluation by a manufacturer that agrees any officer or employee of the Department of mitted the information prior to the effective date not to sell or offer for sale the motor vehicle at Transportation, shall not disclose any informa- of the regulations issued under subsection (i) of the conclusion of the testing or evaluation and tion, including information provided by a whis- that section if that information was submitted that prior to the date of enactment of this para- tleblower to the Secretary, which could reason- after the date of enactment of this Act. graph— ably be expected to reveal the identity of a whis- (2) AWARDS.—A whistleblower may receive an ‘‘(A) has manufactured and distributed motor tleblower, except in accordance with the provi- award under section 30172 of title 49, United vehicles into the United States that are certified sions of section 552a of title 5, unless— States Code, regardless of whether the violation to comply with all applicable Federal motor ve- ‘‘(A) required to be disclosed to a defendant or underlying the covered action occurred prior to hicle safety standards; respondent in connection with a public pro- the date of enactment of this Act, and may re- ‘‘(B) has submitted to the Secretary appro- ceeding instituted by the Secretary or any entity ceive an award prior to the Secretary of Trans- priate manufacturer identification information described in paragraph (5); portation promulgating the regulations under under part 566 of title 49, Code of Federal Regu- ‘‘(B) the whistleblower provides prior written subsection (i) of that section. lations; and consent for the information to be disclosed; or (c) CONFORMING AMENDMENTS.—The table of ‘‘(C) if applicable, has identified an agent for ‘‘(C) the Secretary, or other officer or em- contents of subchapter IV of chapter 301 of title service of process in accordance with part 551 of ployee of the Department of Transportation, re- 49, United States Code, is amended by adding at such title.’’. ceives the information through another source, the end the following: such as during an inspection or investigation SEC. 24405. TREATMENT OF LOW-VOLUME MANU- ‘‘30172. Whistleblower incentives and protec- FACTURERS. under section 30166, and has authority under tions.’’. other law to release the information. (a) EXEMPTION FROM VEHICLE SAFETY STAND- ‘‘(2) REDACTION.—The Secretary, and any of- Subtitle D—Additional Motor Vehicle ARDS FOR LOW-VOLUME MANUFACTURERS.—Sec- ficer or employee of the Department of Trans- Provisions tion 30114 of title 49, United States Code, is portation, shall take reasonable measures to not SEC. 24401. REQUIRED REPORTING OF NHTSA amended— reveal the identity of the whistleblower when AGENDA. (1) by striking ‘‘The’’ and inserting ‘‘(A) VEHI- disclosing any information under paragraph (1). Not later than December 1 of the year begin- CLES USED FOR PARTICULAR PURPOSES. The’’; ‘‘(3) SECTION 552(B)(3)(B).—For purposes of sec- ning after the date of enactment of this Act, and and tion 552 of title 5, paragraph (1) of this sub- each year thereafter, the Administrator of the (2) by adding at the end the following new section shall be considered a statute described in National Highway Traffic Safety Administra- subsection: subsection (b)(3)(B) of that section. tion shall publish on the public website of the ‘‘(b) EXEMPTION FOR LOW-VOLUME MANUFAC- ‘‘(4) EFFECT.—Nothing in this subsection is in- Administration, and file with the Committees on TURERS.— tended to limit the ability of the Attorney Gen- Energy and Commerce and Transportation and ‘‘(1) IN GENERAL.—The Secretary shall—

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00136 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8785 ‘‘(A) exempt from section 30112(a) of this title ability to any person or entity under Federal or ‘‘(B) A motor vehicle containing an engine not more than 325 replica motor vehicles per State statute, regulation, local ordinance, or compliant with the requirements of subpara- year that are manufactured or imported by a under any Federal or State common law for graph (A) shall be treated as meeting the re- low-volume manufacturer; and such license or assignment to a low-volume man- quirements of section 202 applicable to new vehi- ‘‘(B) except as provided in paragraph (4) of ufacturer. cles produced or imported in the model year in this subsection, limit any such exemption to the ‘‘(7) DEFINITIONS.—In this subsection: which the exempted specially produced motor Federal Motor Vehicle Safety Standards appli- ‘‘(A) LOW-VOLUME MANUFACTURER.—The term vehicle is produced or imported. cable to motor vehicles and not motor vehicle ‘low-volume manufacturer’ means a motor vehi- ‘‘(C) Engine installations that are not per- equipment. cle manufacturer, other than a person who is formed in accordance with installation instruc- ‘‘(2) REGISTRATION REQUIREMENT.—To qualify registered as an importer under section 30141 of tions provided by the manufacturer and alter- for an exemption under paragraph (1), a low- this title, whose annual worldwide production, ations to the engine not in accordance with the volume manufacturer shall register with the including by a parent or subsidiary of the man- installation instructions shall— Secretary at such time, in such manner, and ufacturer, if applicable, is not more than 5,000 ‘‘(i) be treated as prohibited acts by the in- under such terms that the Secretary determines motor vehicles. staller under section 203 and any applicable reg- appropriate. The Secretary shall establish terms ‘‘(B) REPLICA MOTOR VEHICLE.—The term ‘rep- ulations; and that ensure that no person may register as a lica motor vehicle’ means a motor vehicle pro- ‘‘(ii) subject to civil penalties under section low-volume manufacturer if the person is reg- duced by a low-volume manufacturer and that— 205(a), civil actions under section 205(b), and istered as an importer under section 30141 of this ‘‘(i) is intended to resemble the body of an- administrative assessment of penalties under title. other motor vehicle that was manufactured not section 205(c). ‘‘(3) PERMANENT LABEL REQUIREMENT.— less than 25 years before the manufacture of the ‘‘(D) The manufacturer of an exempted spe- ‘‘(A) IN GENERAL.—The Secretary shall require replica motor vehicle; and cially produced motor vehicle that has an en- a low-volume manufacturer to affix a perma- ‘‘(ii) is manufactured under a license for the gine compliant with the requirements of sub- nent label to a motor vehicle exempted under product configuration, trade dress, trademark, paragraph (A) shall provide to the purchaser of paragraph (1) that identifies the specified stand- or patent, for the motor vehicle that is intended such vehicle all information received by the ards and regulations for which such vehicle is to be replicated from the original manufacturer, manufacturer from the engine manufacturer, in- its successors or assignees, or current owner of exempt from section 30112(a), states that the ve- cluding information regarding emissions war- such product configuration, trade dress, trade- hicle is a replica, and designates the model year ranties from the engine manufacturer and all mark, or patent rights. such vehicle replicates. emissions-related recalls by the engine manufac- ‘‘(8) CONSTRUCTION.—Except as provided in ‘‘(B) WRITTEN NOTICE.—The Secretary may re- turer. paragraphs (1) and (4), a registrant shall be quire a low-volume manufacturer of a motor ve- ‘‘(E) To qualify to install an engine under this considered a motor vehicle manufacturer for hicle exempted under paragraph (1) to deliver paragraph, and sell, offer for sale, introduce purposes of parts A and C of subtitle VI of this written notice of the exemption to— into commerce, deliver for introduction into title. Nothing shall be construed to exempt a ‘‘(i) the dealer; and commerce or import an exempted specially pro- registrant from complying with the requirements ‘‘(ii) the first purchaser of the motor vehicle, duced motor vehicle, a manufacturer of exempt- under sections 30116 through 30120A of this title if the first purchaser is not an individual that ed specially produced motor vehicles shall reg- if the motor vehicle excepted under paragraph purchases the motor vehicle for resale. ister with the Administrator at such time and in (1) contains a defect related to motor vehicle ‘‘(C) REPORTING REQUIREMENT.—A low-volume such manner as the Administrator determines safety. manufacturer shall annually submit a report to appropriate. The manufacturer shall submit an ‘‘(9) STATE REGISTRATION.—Nothing in this the Secretary including the number and descrip- subsection shall be construed to preempt, affect, annual report to the Administrator that in- tion of the motor vehicles exempted under para- or supersede any State titling or registration law cludes— ‘‘(i) a description of the exempted specially graph (1) and a list of the exemptions described or regulation for a replica motor vehicle, or ex- produced motor vehicles and engines installed in on the label affixed under subparagraph (A). empt a person from complying with such law or ‘‘(4) EFFECT ON OTHER PROVISIONS.—Any such vehicles; regulation.’’. ‘‘(ii) the certificate of conformity number motor vehicle exempted under this subsection (b) VEHICLE EMISSION COMPLIANCE STANDARDS issued to the motor vehicle in which the engine shall also be exempted from sections 32304, 32502, FOR LOW-VOLUME MOTOR VEHICLE MANUFAC- was originally intended or the applicable Execu- and 32902 of this title and from section 3 of the TURERS.—Section 206(a) of the Clean Air Act (42 tive order number for the engine; and Automobile Information Disclosure Act (15 U.S.C. 7525(a)) is amended by adding at the end ‘‘(iii) a certification that it produced all ex- U.S.C. 1232). the following new paragraph: empted specially produced motor vehicles ac- ‘‘(5) LIMITATION AND PUBLIC NOTICE.—The ‘‘(5)(A) A motor vehicle engine (including all cording to the written instructions from the en- Secretary shall have 90 days to review and ap- engine emission controls) may be installed in an gine manufacturer, and otherwise that the en- prove or deny a registration submitted under exempted specially produced motor vehicle if the gine conforms in all material respects to the de- paragraph (2). If the Secretary determines that motor vehicle engine is from a motor vehicle that scription in the application for the applicable any such registration submitted is incomplete, is covered by a certificate of conformity issued certificate of conformity or Executive order. the Secretary shall have an additional 30 days by the Administrator for the model year in ‘‘(F) Exempted specially produced motor vehi- for review. Any registration not approved or de- which the exempted specially produced motor cles compliant with this paragraph shall be ex- nied within 90 days after initial submission, or vehicle is produced, or the motor vehicle engine empted from— 120 days if the registration submitted is incom- is covered by an Executive order subject to regu- plete, shall be deemed approved. The Secretary ‘‘(i) motor vehicle certification testing under lations promulgated by the California Air Re- this section; and shall have the authority to revoke an existing sources Board for the model year in which the registration based on a failure to comply with ‘‘(ii) vehicle emission control inspection and exempted specially produced motor vehicle is maintenance programs required under section requirements set forth in this subsection or a produced, and— finding by the Secretary of a safety-related de- 110. ‘‘(i) the manufacturer of the engine supplies ‘‘(G)(i) Except as provided in subparagraphs fect or unlawful conduct under this chapter written instructions to the Administrator and (A) through (F), a person engaged in the manu- that poses a significant safety risk. The reg- the manufacturer of the exempted specially pro- facturing or assembling of exempted specially istrant shall be provided a reasonable oppor- duced motor vehicle explaining how to install produced motor vehicles shall be considered a tunity to correct all deficiencies, if such are cor- the engine and maintain functionality of the manufacturer for purposes of this Act. rectable based on the sole discretion of the Sec- engine’s emission control system and the on- ‘‘(ii) Nothing in this paragraph shall be con- retary. An exemption granted by the Secretary board diagnostic system (commonly known as strued to exempt any person from the prohibi- to a low-volume manufacturer under this sub- ‘OBD’), except with respect to evaporative emis- tions in section 203(a)(3) or the requirements in section may not be transferred to any other per- sions; sections 208, 206(c), or 202(m)(5). son, and shall expire at the end of the calendar ‘‘(ii) the manufacturer of the exempted spe- ‘‘(H) In this paragraph: year for which it was granted with respect to cially produced motor vehicle installs the engine ‘‘(i) The term ‘exempted specially produced any volume authorized by the exemption that in accordance with such instructions and cer- motor vehicle’ means a light-duty vehicle or was not applied by the low-volume manufac- tifies such installation in accordance with sub- light-duty truck produced by a low-volume man- turer to vehicles built during that calendar paragraph (E); ufacturer and that— year. The Secretary shall maintain an up-to- ‘‘(iii) the installation instructions include ‘‘(I) is intended to resemble the body of an- date list of registrants and a list of the make emission control warranty information from the other motor vehicle that was manufactured not and model of motor vehicles exempted under engine manufacturer in compliance with section less than 25 years before the manufacture of the paragraph (1) on at least an annual basis and 207, including where warranty repairs can be exempted specially produced motor vehicle; and publish such list in the Federal Register or on a made, emission control labels to be affixed to the ‘‘(II) is manufactured under a license for the website operated by the Secretary. vehicle, and the certificate of conformity num- product configuration, trade dress, trademark, ‘‘(6) LIMITATION OF LIABILITY FOR ORIGINAL ber for the applicable vehicle in which the en- or patent, for the motor vehicle that is intended MANUFACTURERS, LICENSORS OR OWNERS OF gine was originally intended or the applicable to be replicated from the original manufacturer, PRODUCT CONFIGURATION, TRADE DRESS, OR DE- Executive order number for the engine; and its successors or assignees, or current owner of SIGN PATENTS.—The original manufacturer, its ‘‘(iv) the manufacturer of the exempted spe- such product configuration, trade dress, trade- successor or assignee, or current owner, who cially produced motor vehicle does not produce mark, or patent rights. grants a license or otherwise transfers rights to more than 325 such vehicles in the calendar year ‘‘(ii) The term ‘low-volume manufacturer’ a low-volume manufacturer shall incur no li- in which the vehicle is produced. means a motor vehicle manufacturer, other than

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00137 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8786 CONGRESSIONAL RECORD — HOUSE December 1, 2015 a person who is registered as an importer under (1) by striking ‘‘December 5, 2015’’ in sub- (ii) by striking ‘‘October 1, 2016’’ and inserting section 30141 of title 49, United States Code, sections (b)(6)(B), (c)(1), and (e)(3) and insert- ‘‘October 1, 2022’’. whose annual worldwide production, including ing ‘‘October 1, 2020’’, and (f) EFFECTIVE DATE.—The amendments made by a parent or subsidiary of the manufacturer, (2) by striking ‘‘Surface Transportation Ex- by this section shall take effect on October 1, if applicable, is not more than 5,000 motor vehi- tension Act of 2015, Part II’’ in subsections 2016. cles.’’. (c)(1) and (e)(3) and inserting ‘‘FAST Act’’. (c) IMPLEMENTATION.—Not later than 12 (b) SPORT FISH RESTORATION AND BOATING Subtitle B—Additional Transfers to Highway months after the date of enactment of this Act, TRUST FUND.—Section 9504 of such Code is Trust Fund the Secretary of Transportation and the Admin- amended— SEC. 31201. FURTHER ADDITIONAL TRANSFERS istrator of the Environmental Protection Agency (1) by striking ‘‘Surface Transportation Ex- TO TRUST FUND. shall issue such regulations as may be necessary tension Act of 2015, Part II’’ each place it ap- Subsection (f) of section 9503 of the Internal to implement the amendments made by sub- pears in subsection (b)(2) and inserting ‘‘FAST Revenue Code of 1986 is amended by redesig- sections (a) and (b), respectively. Act’’, and nating paragraph (8) as paragraph (10) and in- SEC. 24406. MOTOR VEHICLE SAFETY GUIDE- (2) by striking ‘‘December 5, 2015’’ in sub- serting after paragraph (7) the following new LINES. section (d)(2) and inserting ‘‘October 1, 2020’’. paragraphs: (c) LEAKING UNDERGROUND STORAGE TANK Section 30111 of title 49, United States Code, is ‘‘(8) FURTHER TRANSFERS TO TRUST FUND.— amended by adding at the end the following TRUST FUND.—Section 9508(e)(2) of such Code is amended by striking ‘‘December 5, 2015’’ and in- Out of money in the Treasury not otherwise ap- new subsection: propriated, there is hereby appropriated— ‘‘(f) MOTOR VEHICLE SAFETY GUIDELINES.— serting ‘‘October 1, 2020’’. ‘‘(A) $51,900,000,000 to the Highway Account ‘‘(1) IN GENERAL.—No guidelines issued by the SEC. 31102. EXTENSION OF HIGHWAY-RELATED (as defined in subsection (e)(5)(B)) in the High- Secretary with respect to motor vehicle safety TAXES. way Trust Fund; and shall confer any rights on any person, State, or (a) IN GENERAL.— locality, nor shall operate to bind the Secretary (1) Each of the following provisions of the In- ‘‘(B) $18,100,000,000 to the Mass Transit Ac- or any person to the approach recommended in ternal Revenue Code of 1986 is amended by count in the Highway Trust Fund. such guidelines. In any enforcement action with striking ‘‘September 30, 2016’’ and inserting ‘‘(9) ADDITIONAL INCREASE IN FUND BAL- respect to motor vehicle safety, the Secretary ‘‘September 30, 2022’’: ANCE.—There is hereby transferred to the High- shall allege a violation of a provision of this (A) Section 4041(a)(1)(C)(iii)(I). way Account (as defined in subsection (e)(5)(B)) subtitle, a motor vehicle safety standard issued (B) Section 4041(m)(1)(B). in the Highway Trust Fund amounts appro- under this subtitle, or another relevant statute (C) Section 4081(d)(1). priated from the Leaking Underground Storage or regulation. The Secretary may not base an (2) Each of the following provisions of such Tank Trust Fund under section 9508(c)(4).’’. enforcement action on, or execute a consent Code is amended by striking ‘‘October 1, 2016’’ and inserting ‘‘October 1, 2022’’: SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND order based on, practices that are alleged to be OF CERTAIN MOTOR VEHICLE SAFE- inconsistent with any such guidelines, unless (A) Section 4041(m)(1)(A). TY PENALTIES. (B) Section 4051(c). the practices allegedly violate a provision of this (a) IN GENERAL.—Paragraph (5) of section subtitle, a motor vehicle safety standard issued (C) Section 4071(d). (D) Section 4081(d)(3). 9503(b) of the Internal Revenue Code of 1986 is under this subtitle, or another relevant statute (b) EXTENSION OF TAX, ETC., ON USE OF CER- amended— or regulation. TAIN HEAVY VEHICLES.—Each of the following (1) by striking ‘‘There are hereby’’ and insert- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this provisions of the Internal Revenue Code of 1986 ing the following: subsection shall be construed to confer any au- is amended by striking ‘‘2017’’ each place it ap- thority upon or negate any authority of the Sec- ‘‘(A) IN GENERAL.—There are hereby’’, and pears and inserting ‘‘2023’’: retary to issue guidelines under this chapter.’’. (2) by adding at the end the following new (1) Section 4481(f). paragraph: SEC. 24407. IMPROVEMENT OF DATA COLLECTION (2) Subsections (c)(4) and (d) of section 4482. ON CHILD OCCUPANTS IN VEHICLE ‘‘(B) PENALTIES RELATED TO MOTOR VEHICLE (c) FLOOR STOCKS REFUNDS.—Section CRASHES. SAFETY.— 6412(a)(1) of the Internal Revenue Code of 1986 (a) IN GENERAL.—Not later than 1 year after is amended— ‘‘(i) IN GENERAL.—There are hereby appro- the date of enactment of this Act, the Secretary (1) by striking ‘‘October 1, 2016’’ each place it priated to the Highway Trust Fund amounts shall revise the crash investigation data collec- appears and inserting ‘‘October 1, 2022’’; equivalent to covered motor vehicle safety pen- tion system of the National Highway Traffic (2) by striking ‘‘March 31, 2017’’ each place it alty collections. Safety Administration to include the collection appears and inserting ‘‘March 31, 2023’’; and ‘‘(ii) COVERED MOTOR VEHICLE SAFETY PEN- of the following data in connection with vehicle (3) by striking ‘‘January 1, 2017’’ and insert- ALTY COLLECTIONS.—For purposes of this sub- crashes whenever a child restraint system was ing ‘‘January 1, 2023’’. paragraph, the term ‘covered motor vehicle safe- in use in a vehicle involved in a crash: (d) EXTENSION OF CERTAIN EXEMPTIONS.— ty penalty collections’ means any amount col- (1) The type or types of child restraint systems (1) Section 4221(a) of the Internal Revenue lected in connection with a civil penalty under in use during the crash in any vehicle involved Code of 1986 is amended by striking ‘‘October 1, section 30165 of title 49, United States Code, re- in the crash, including whether a five-point 2016’’ and inserting ‘‘October 1, 2022’’. duced by any award authorized by the Sec- harness or belt-positioning booster. (2) Section 4483(i) of such Code is amended by retary of Transportation to be paid to any per- (2) If a five-point harness child restraint sys- striking ‘‘October 1, 2017’’ and inserting ‘‘Octo- son in connection with information provided by tem was in use during the crash, whether the ber 1, 2023’’. such person related to a violation of chapter 301 child restraint system was forward-facing or (e) EXTENSION OF TRANSFERS OF CERTAIN of such title which is a predicate to such civil rear-facing in the vehicle concerned. TAXES.— penalty.’’. (b) CONSULTATION.—In implementing sub- (1) IN GENERAL.—Section 9503 of the Internal (b) EFFECTIVE DATE.—The amendments made section (a), the Secretary shall work with law Revenue Code of 1986 is amended— by this section shall apply to amounts collected enforcement officials, safety advocates, the med- (A) in subsection (b)— after the date of the enactment of this Act. ical community, and research organizations to (i) by striking ‘‘October 1, 2016’’ each place it improve the recordation of data described in appears in paragraphs (1) and (2) and inserting SEC. 31203. APPROPRIATION FROM LEAKING UN- subsection (a) in police and other applicable in- ‘‘October 1, 2022’’; DERGROUND STORAGE TANK TRUST FUND. cident reports. (ii) by striking ‘‘OCTOBER 1, 2016’’ in the head- (c) REPORT.—Not later than 3 years after the ing of paragraph (2) and inserting ‘‘OCTOBER 1, (a) IN GENERAL.—Subsection (c) of section date of enactment of this Act, the Secretary 2022’’; 9508 of the Internal Revenue Code of 1986 is shall submit to the Committee on Commerce, (iii) by striking ‘‘September 30, 2016’’ in para- amended by adding at the end the following Science, and Transportation of the Senate and graph (2) and inserting ‘‘September 30, 2022’’; new paragraph: the Committee on Energy and Commerce of the and ‘‘(4) ADDITIONAL TRANSFER TO HIGHWAY TRUST House of Representatives a report on child occu- (iv) by striking ‘‘July 1, 2017’’ in paragraph FUND.—Out of amounts in the Leaking Under- pant crash data collection in the crash inves- (2) and inserting ‘‘July 1, 2023’’; and ground Storage Tank Trust Fund there is here- tigation data collection system of the National (B) in subsection (c)(2), by striking ‘‘July 1, by appropriated— Highway Traffic Safety Administration pursu- 2017’’ and inserting ‘‘July 1, 2023’’. ‘‘(A) on the date of the enactment of the ant to the revision required by subsection (a). (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX FAST Act, $100,000,000, DIVISION C—FINANCE TRANSFERS.— ‘‘(B) on October 1, 2016, $100,000,000, and (A) IN GENERAL.—Paragraphs (3)(A)(i) and TITLE XXXI—HIGHWAY TRUST FUND AND (4)(A) of section 9503(c) of such Code are each ‘‘(C) on October 1, 2017, $100,000,000, RELATED TAXES amended by striking ‘‘October 1, 2016’’ and in- to be transferred under section 9503(f)(9) to the Subtitle A—Extension of Trust Fund serting ‘‘October 1, 2022’’. Highway Account (as defined in section Expenditure Authority and Related Taxes (B) CONFORMING AMENDMENTS TO LAND AND 9503(e)(5)(B)) in the Highway Trust Fund.’’. SEC. 31101. EXTENSION OF HIGHWAY TRUST WATER CONSERVATION FUND.—Section 200310 of (b) CONFORMING AMENDMENT.—Section FUND EXPENDITURE AUTHORITY. title 54, United States Code, is amended— 9508(c)(1) of the Internal Revenue Code of 1986 (a) HIGHWAY TRUST FUND.—Section 9503 of (i) by striking ‘‘October 1, 2017’’ each place it is amended by striking ‘‘paragraphs (2) and (3)’’ the Internal Revenue Code of 1986 is amended— appears and inserting ‘‘October 1, 2023’’; and and inserting ‘‘paragraphs (2), (3), and (4)’’.

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TITLE XXXII—OFFSETS ‘‘(e) JUDICIAL REVIEW OF CERTIFICATION.— paragraph (F)(ii) and in the matter preceding Subtitle A—Tax Provisions ‘‘(1) IN GENERAL.—After the Commissioner no- subparagraph (A) and inserting ‘‘, (10), or (11)’’. tifies an individual under subsection (d), the (d) TIME FOR CERTIFICATION OF SERIOUSLY SEC. 32101. REVOCATION OR DENIAL OF PASS- PORT IN CASE OF CERTAIN UNPAID taxpayer may bring a civil action against the DELINQUENT TAX DEBT POSTPONED BY REASON TAXES. United States in a district court of the United OF SERVICE IN COMBAT ZONE.—Section 7508(a) (a) IN GENERAL.—Subchapter D of chapter 75 States or the Tax Court to determine whether of such Code is amended by striking the period of the Internal Revenue Code of 1986 is amended the certification was erroneous or whether the at the end of paragraph (2) and inserting ‘‘; by adding at the end the following new section: Commissioner has failed to reverse the certifi- and’’ and by adding at the end the following ‘‘SEC. 7345. REVOCATION OR DENIAL OF PASS- cation. new paragraph: PORT IN CASE OF CERTAIN TAX DE- ‘‘(2) DETERMINATION.—If the court determines ‘‘(3) Any certification of a seriously delin- LINQUENCIES. that such certification was erroneous, then the quent tax debt under section 7345.’’. ‘‘(a) IN GENERAL.—If the Secretary receives court may order the Secretary to notify the Sec- (e) AUTHORITY TO DENY OR REVOKE PASS- certification by the Commissioner of Internal retary of State that such certification was erro- PORT.— Revenue that an individual has a seriously de- neous. (1) DENIAL.— linquent tax debt, the Secretary shall transmit ‘‘(f) ADJUSTMENT FOR INFLATION.—In the case (A) IN GENERAL.—Except as provided under such certification to the Secretary of State for of a calendar year beginning after 2016, the dol- subparagraph (B), upon receiving a certification action with respect to denial, revocation, or lim- lar amount in subsection (a) shall be increased described in section 7345 of the Internal Revenue itation of a passport pursuant to section 32101 of by an amount equal to— Code of 1986 from the Secretary of the Treasury, the FAST Act. ‘‘(1) such dollar amount, multiplied by the Secretary of State shall not issue a passport ‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.— ‘‘(2) the cost-of-living adjustment determined to any individual who has a seriously delin- ‘‘(1) IN GENERAL.—For purposes of this sec- under section 1(f)(3) for the calendar year, de- quent tax debt described in such section. tion, the term ‘seriously delinquent tax debt’ termined by substituting ‘calendar year 2015’ for (B) EMERGENCY AND HUMANITARIAN SITUA- means an unpaid, legally enforceable Federal ‘calendar year 1992’ in subparagraph (B) there- TIONS.—Notwithstanding subparagraph (A), the tax liability of an individual— of. Secretary of State may issue a passport, in emer- gency circumstances or for humanitarian rea- ‘‘(A) which has been assessed, If any amount as adjusted under the preceding sons, to an individual described in such sub- ‘‘(B) which is greater than $50,000, and sentence is not a multiple of $1,000, such amount paragraph. ‘‘(C) with respect to which— shall be rounded to the nearest multiple of (2) REVOCATION.— ‘‘(i) a notice of lien has been filed pursuant to $1,000. section 6323 and the administrative rights under (A) IN GENERAL.—The Secretary of State may ‘‘(g) DELEGATION OF CERTIFICATION.—A cer- section 6320 with respect to such filing have revoke a passport previously issued to any indi- tification under subsection (a) or reversal of cer- vidual described in paragraph (1)(A). been exhausted or have lapsed, or tification under subsection (c) may only be dele- ‘‘(ii) a levy is made pursuant to section 6331. (B) LIMITATION FOR RETURN TO UNITED gated by the Commissioner of Internal Revenue ‘‘(2) EXCEPTIONS.—Such term shall not in- STATES.—If the Secretary of State decides to re- to the Deputy Commissioner for Services and clude— voke a passport under subparagraph (A), the ‘‘(A) a debt that is being paid in a timely man- Enforcement, or the Commissioner of an oper- Secretary of State, before revocation, may— ner pursuant to an agreement to which the indi- ating division, of the Internal Revenue Serv- (i) limit a previously issued passport only for vidual is party under section 6159 or 7122, and ice.’’. return travel to the United States; or ‘‘(B) a debt with respect to which collection is (b) INFORMATION INCLUDED IN NOTICE OF LIEN (ii) issue a limited passport that only permits suspended with respect to the individual— AND LEVY.— return travel to the United States. ‘‘(i) because a due process hearing under sec- (1) NOTICE OF LIEN.—Section 6320(a)(3) of (3) HOLD HARMLESS.—The Secretary of the tion 6330 is requested or pending, or such Code is amended by striking ‘‘and’’ at the Treasury, the Secretary of State, and any of ‘‘(ii) because an election under subsection (b) end of subparagraph (C), by striking the period their designees shall not be liable to an indi- or (c) of section 6015 is made or relief under sub- at the end of subparagraph (D) and inserting ‘‘; vidual for any action with respect to a certifi- section (f) of such section is requested. and’’, and by adding at the end the following cation by the Commissioner of Internal Revenue ‘‘(c) REVERSAL OF CERTIFICATION.— new subparagraph: under section 7345 of the Internal Revenue Code ‘‘(1) IN GENERAL.—In the case of an individual ‘‘(E) the provisions of section 7345 relating to of 1986. with respect to whom the Commissioner makes a the certification of seriously delinquent tax (f) REVOCATION OR DENIAL OF PASSPORT IN certification under subsection (a), the Commis- debts and the denial, revocation, or limitation of CASE OF INDIVIDUAL WITHOUT SOCIAL SECURITY sioner shall notify the Secretary (and the Sec- passports of individuals with such debts pursu- ACCOUNT NUMBER.— retary shall subsequently notify the Secretary of ant to section 32101 of the FAST Act.’’. (1) DENIAL.— State) if such certification is found to be erro- (2) NOTICE OF LEVY.—Section 6331(d)(4) of (A) IN GENERAL.—Except as provided under neous or if the debt with respect to such certifi- such Code is amended by striking ‘‘and’’ at the subparagraph (B), upon receiving an applica- cation is fully satisfied or ceases to be a seri- end of subparagraph (E), by striking the period tion for a passport from an individual that ei- ously delinquent tax debt by reason of sub- at the end of subparagraph (F) and inserting ‘‘, ther— section (b)(2). and’’, and by adding at the end the following (i) does not include the social security account ‘‘(2) TIMING OF NOTICE.— new subparagraph: number issued to that individual, or ‘‘(A) FULL SATISFACTION OF DEBT.—In the ‘‘(G) the provisions of section 7345 relating to (ii) includes an incorrect or invalid social se- case of a debt that has been fully satisfied or the certification of seriously delinquent tax curity number willfully, intentionally, neg- has become legally unenforceable, such notifica- debts and the denial, revocation, or limitation of ligently, or recklessly provided by such indi- tion shall be made not later than the date re- passports of individuals with such debts pursu- vidual, quired for issuing the certificate of release of ant to section 32101 of the FAST Act.’’. the Secretary of State is authorized to deny lien with respect to such debt under section (c) AUTHORITY FOR INFORMATION SHARING.— such application and is authorized to not issue 6325(a). (1) IN GENERAL.—Section 6103(k) of such Code a passport to the individual. ‘‘(B) INNOCENT SPOUSE RELIEF.—In the case of is amended by adding at the end the following (B) EMERGENCY AND HUMANITARIAN SITUA- an individual who makes an election under sub- new paragraph: TIONS.—Notwithstanding subparagraph (A), the section (b) or (c) of section 6015, or requests re- ‘‘(11) DISCLOSURE OF RETURN INFORMATION TO Secretary of State may issue a passport, in emer- lief under subsection (f) of such section, such DEPARTMENT OF STATE FOR PURPOSES OF PASS- gency circumstances or for humanitarian rea- notification shall be made not later than 30 days PORT REVOCATION UNDER SECTION 7345.— sons, to an individual described in subpara- after any such election or request. ‘‘(A) IN GENERAL.—The Secretary shall, upon graph (A). ‘‘(C) INSTALLMENT AGREEMENT OR OFFER-IN- receiving a certification described in section (2) REVOCATION.— COMPROMISE.—In the case of an installment 7345, disclose to the Secretary of State return in- (A) IN GENERAL.—The Secretary of State may agreement under section 6159 or an offer-in-com- formation with respect to a taxpayer who has a revoke a passport previously issued to any indi- promise under section 7122, such notification seriously delinquent tax debt described in such vidual described in paragraph (1)(A). shall be made not later than 30 days after such section. Such return information shall be limited (B) LIMITATION FOR RETURN TO UNITED agreement is entered into or such offer is accept- to— STATES.—If the Secretary of State decides to re- ed by the Secretary. ‘‘(i) the taxpayer identity information with re- voke a passport under subparagraph (A), the ‘‘(D) ERRONEOUS CERTIFICATION.—In the case spect to such taxpayer, and Secretary of State, before revocation, may— of a certification found to be erroneous, such ‘‘(ii) the amount of such seriously delinquent (i) limit a previously issued passport only for notification shall be made as soon as practicable tax debt. return travel to the United States; or after such finding. ‘‘(B) RESTRICTION ON DISCLOSURE.—Return in- (ii) issue a limited passport that only permits ‘‘(d) CONTEMPORANEOUS NOTICE TO INDI- formation disclosed under subparagraph (A) return travel to the United States. VIDUAL.—The Commissioner shall contempora- may be used by officers and employees of the (g) REMOVAL OF CERTIFICATION FROM RECORD neously notify an individual of any certification Department of State for the purposes of, and to WHEN DEBT CEASES TO BE SERIOUSLY DELIN- under subsection (a), or any reversal of certifi- the extent necessary in, carrying out the re- QUENT.—If pursuant to subsection (c) or (e) of cation under subsection (c), with respect to such quirements of section 32101 of the FAST Act.’’. section 7345 of the Internal Revenue Code of individual. Such notice shall include a descrip- (2) CONFORMING AMENDMENT.—Paragraph (4) 1986 the Secretary of State receives from the Sec- tion in simple and nontechnical terms of the of section 6103(p) of such Code is amended by retary of the Treasury a notice that an indi- right to bring a civil action under subsection (e). striking ‘‘or (10)’’ each place it appears in sub- vidual ceases to have a seriously delinquent tax

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00139 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8788 CONGRESSIONAL RECORD — HOUSE December 1, 2015 debt, the Secretary of State shall remove from the Secretary shall utilize private collection con- ‘‘(B) a measurement plan that includes a com- the individual’s record the certification with re- tractors and debt collection centers on the parison of the best practices used by the private spect to such debt. schedule required under section 3711(g) of title collectors to the collection techniques used by (h) CLERICAL AMENDMENT.—The table of sec- 31, United States Code, including the technology the Internal Revenue Service and mechanisms to tions for subchapter D of chapter 75 of the In- and communications infrastructure established identify and capture information on successful ternal Revenue Code of 1986 is amended by add- therein, to the extent such private collection collection techniques used by the contractors ing at the end the following new item: contractors and debt collection centers are ap- that could be adopted by the Internal Revenue ‘‘Sec. 7345. Revocation or denial of passport in propriate to carry out the purposes of this sec- Service.’’. case of certain tax delin- tion.’’. (2) REPEAL OF EXISTING REPORTING REQUIRE- quencies.’’. (d) DISCLOSURE OF RETURN INFORMATION.— MENTS WITH RESPECT TO QUALIFIED TAX COLLEC- (i) EFFECTIVE DATE.—The provisions of, and Section 6103(k) of the Internal Revenue Code of TION CONTRACTS.—Section 881 of the American amendments made by, this section shall take ef- 1986, as amended by section 32101, is amended Jobs Creation Act of 2004 is amended by striking fect on the date of the enactment of this Act. by adding at the end the following new para- subsection (e). graph: (g) EFFECTIVE DATES.— SEC. 32102. REFORM OF RULES RELATING TO UALIFIED TAX COLLECTION CONTRAC QUALIFIED TAX COLLECTION CON- ‘‘(12) Q - (1) IN GENERAL.—The amendments made by TRACTS. TORS.—Persons providing services pursuant to a subsections (a) and (b) shall apply to tax receiv- (a) REQUIREMENT TO COLLECT CERTAIN INAC- qualified tax collection contract under section ables identified by the Secretary after the date TIVE TAX RECEIVABLES UNDER QUALIFIED TAX 6306 may, if speaking to a person who has iden- of the enactment of this Act. COLLECTION CONTRACTS.—Section 6306 of the tified himself or herself as having the name of (2) CONTRACTING PRIORITY.—The Secretary Internal Revenue Code of 1986 is amended by re- the taxpayer to which a tax receivable (within shall begin entering into contracts and agree- designating subsections (c) through (f) as sub- the meaning of such section) relates, identify ments as described in the amendment made by sections (d) through (g), respectively, and by in- themselves as contractors of the Internal Rev- subsection (c) within 3 months after the date of serting after subsection (b) the following new enue Service and disclose the business name of the enactment of this Act. subsection: the contractor, and the nature, subject, and rea- (3) DISCLOSURES.—The amendment made by ‘‘(c) COLLECTION OF INACTIVE TAX RECEIV- son for the contact. Disclosures under this para- subsection (d) shall apply to disclosures made ABLES.— graph shall be made only in such situations and after the date of the enactment of this Act. ‘‘(1) IN GENERAL.—Notwithstanding any other under such conditions as have been approved by (4) PROCEDURES; REPORT TO CONGRESS.—The provision of law, the Secretary shall enter into the Secretary.’’. amendments made by subsections (e) and (f) one or more qualified tax collection contracts for (e) TAXPAYERS AFFECTED BY FEDERALLY DE- shall take effect on the date of the enactment of the collection of all outstanding inactive tax re- CLARED DISASTERS.—Section 6306 of the Internal this Act. ceivables. Revenue Code of 1986, as amended by the pre- SEC. 32103. SPECIAL COMPLIANCE PERSONNEL ceding provisions of this section, is amended by ‘‘(2) INACTIVE TAX RECEIVABLES.—For pur- PROGRAM. poses of this section— redesignating subsection (i) as subsection (j) and (a) IN GENERAL.—Subsection (e) of section by inserting after subsection (h) the following ‘‘(A) IN GENERAL.—The term ‘inactive tax re- 6306 of the Internal Revenue Code of 1986, as re- ceivable’ means any tax receivable if— new subsection: designated by section 52106, is amended by strik- ‘‘(i) TAXPAYERS IN PRESIDENTIALLY DECLARED ‘‘(i) at any time after assessment, the Internal ing ‘‘for collection enforcement activities of the DISASTER AREAS.—The Secretary may prescribe Revenue Service removes such receivable from Internal Revenue Service’’ in paragraph (2) and procedures under which a taxpayer determined the active inventory for lack of resources or in- inserting ‘‘to fund the special compliance per- to be affected by a Federally declared disaster ability to locate the taxpayer, sonnel program account under section 6307’’. (as defined by section 165(i)(5)) may request— ‘‘(ii) more than 1⁄3 of the period of the applica- (b) SPECIAL COMPLIANCE PERSONNEL PROGRAM ‘‘(1) relief from immediate collection measures ble statute of limitation has lapsed and such re- ACCOUNT.—Subchapter A of chapter 64 of the by contractors under this section, and ceivable has not been assigned for collection to Internal Revenue Code of 1986 is amended by ‘‘(2) a return of the inactive tax receivable to any employee of the Internal Revenue Service, adding at the end the following new section: the inventory of the Internal Revenue Service to or be collected by an employee thereof.’’. ‘‘SEC. 6307. SPECIAL COMPLIANCE PERSONNEL ‘‘(iii) in the case of a receivable which has PROGRAM ACCOUNT. (f) REPORT TO CONGRESS.— been assigned for collection, more than 365 days (1) IN GENERAL.—Section 6306 of the Internal ‘‘(a) ESTABLISHMENT OF A SPECIAL COMPLI- have passed without interaction with the tax- Revenue Code of 1986, as amended by the pre- ANCE PERSONNEL PROGRAM ACCOUNT.—The Sec- payer or a third party for purposes of furthering ceding provisions of this section, is amended by retary shall establish an account within the De- the collection of such receivable. redesignating subsection (j) as subsection (k) partment for carrying out a program consisting ‘‘(B) TAX RECEIVABLE.—The term ‘tax receiv- and by inserting after subsection (i) the fol- of the hiring, training, and employment of spe- able’ means any outstanding assessment which lowing new subsection: cial compliance personnel, and shall transfer to the Internal Revenue Service includes in poten- ‘‘(j) REPORT TO CONGRESS.—Not later than 90 such account from time to time amounts re- tially collectible inventory.’’. days after the last day of each fiscal year (be- tained by the Secretary under section 6306(e)(2). (b) CERTAIN TAX RECEIVABLES NOT ELIGIBLE ginning with the first such fiscal year ending ‘‘(b) RESTRICTIONS.—The program described in FOR COLLECTION UNDER QUALIFIED TAX COL- after the date of the enactment of this sub- subsection (a) shall be subject to the following LECTION CONTRACTS.—Section 6306 of the Inter- section), the Secretary shall submit to the Com- restrictions: nal Revenue Code of 1986, as amended by sub- mittee on Ways and Means of the House of Rep- ‘‘(1) No funds shall be transferred to such ac- section (a), is amended by redesignating sub- resentatives and the Committee on Finance of count except as described in subsection (a). sections (d) through (g) as subsections (e) the Senate a report with respect to qualified tax ‘‘(2) No other funds from any other source through (h), respectively, and by inserting after collection contracts under this section which shall be expended for special compliance per- subsection (c) the following new subsection: shall include— sonnel employed under such program, and no ‘‘(d) CERTAIN TAX RECEIVABLES NOT ELIGIBLE ‘‘(1) annually, with respect to such fiscal funds from such account shall be expended for FOR COLLECTION UNDER QUALIFIED TAX COL- year— the hiring of any personnel other than special LECTIONS CONTRACTS.—A tax receivable shall ‘‘(A) the total number and amount of tax re- compliance personnel. not be eligible for collection pursuant to a quali- ceivables provided to each contractor for collec- ‘‘(3) Notwithstanding any other authority, the fied tax collection contract if such receivable— tion under this section, Secretary is prohibited from spending funds out ‘‘(1) is subject to a pending or active offer-in- ‘‘(B) the total amounts collected (and amounts of such account for any purpose other than for compromise or installment agreement, of installment agreements entered into under costs under such program associated with the ‘‘(2) is classified as an innocent spouse case, subsection (b)(1)(B)) with respect to each con- employment of special compliance personnel and ‘‘(3) involves a taxpayer identified by the Sec- tractor and the collection costs incurred (di- the retraining and reassignment of current non- retary as being— rectly and indirectly) by the Internal Revenue collections personnel as special compliance per- ‘‘(A) deceased, Service with respect to such amounts, sonnel, and to reimburse the Internal Revenue ‘‘(B) under the age of 18, ‘‘(C) the impact of such contracts on the total Service or other government agencies for the ‘‘(C) in a designated combat zone, or number and amount of unpaid assessments, and cost of administering qualified tax collection ‘‘(D) a victim of tax-related identity theft, on the number and amount of assessments col- contracts under section 6306. ‘‘(4) is currently under examination, litiga- lected by Internal Revenue Service personnel ‘‘(c) REPORTING.—Not later than March of tion, criminal investigation, or levy, or after initial contact by a contractor, each year, the Commissioner of Internal Rev- ‘‘(5) is currently subject to a proper exercise of ‘‘(D) the amount of fees retained by the Sec- enue shall submit a report to the Committees on a right of appeal under this title.’’. retary under subsection (e) and a description of Finance and Appropriations of the Senate and (c) CONTRACTING PRIORITY.—Section 6306 of the use of such funds, and the Committees on Ways and Means and Appro- the Internal Revenue Code of 1986, as amended ‘‘(E) a disclosure safeguard report in a form priations of the House of Representatives con- by the preceding provisions of this section, is similar to that required under section 6103(p)(5), sisting of the following: amended by redesignating subsection (h) as sub- and ‘‘(1) For the preceding fiscal year, all funds section (i) and by inserting after subsection (g) ‘‘(2) biannually (beginning with the second received in the account established under sub- the following new subsection: report submitted under this subsection)— section (a), administrative and program costs for ‘‘(h) CONTRACTING PRIORITY.—In contracting ‘‘(A) an independent evaluation of contractor the program described in such subsection, the for the services of any person under this section, performance, and number of special compliance personnel hired

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00140 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8789 and employed under the program, and the the percentage (if any) of the increase in the av- (1) by amending subparagraph (A) to read as amount of revenue actually collected by such erage of the Consumer Price Index for the pre- follows: personnel. ceding 12-month period compared to the Con- ‘‘(A) DIVIDEND AMOUNT.—After all necessary ‘‘(2) For the current fiscal year, all actual and sumer Price Index for fiscal year 2014. expenses of a Federal reserve bank have been estimated funds received or to be received in the ‘‘(2) SPECIAL RULES FOR CALCULATION OF AD- paid or provided for, the stockholders of the account, all actual and estimated administrative JUSTMENT.—In adjusting under paragraph (1) bank shall be entitled to receive an annual divi- and program costs, the number of all actual and the amount of the fees established under sub- dend on paid-in capital stock of— estimated special compliance personnel hired section (a), and the limitations on such fees ‘‘(i) in the case of a stockholder with total and employed under the program, and the ac- under paragraphs (2), (3), (5), (6), (8), and (9) of consolidated assets of more than $10,000,000,000, tual and estimated revenue actually collected or subsection (b), the Secretary— the smaller of— to be collected by such personnel. ‘‘(A) shall round the amount of any increase ‘‘(I) the rate equal to the high yield of the 10- ‘‘(3) For the following fiscal year, an estimate in the Consumer Price Index to the nearest dol- year Treasury note auctioned at the last auc- of all funds to be received in the account, all es- lar; and tion held prior to the payment of such dividend; timated administrative and program costs, the ‘‘(B) may ignore any such increase of less and estimated number of special compliance per- than 1 percent. ‘‘(II) 6 percent; and sonnel hired and employed under the program, ‘‘(3) CONSUMER PRICE INDEX DEFINED.—For ‘‘(ii) in the case of a stockholder with total and the estimated revenue to be collected by purposes of this subsection, the term ‘Consumer consolidated assets of $10,000,000,000 or less, 6 such personnel. Price Index’ means the Consumer Price Index percent.’’; and ‘‘(d) DEFINITIONS.—For purposes of this sec- for All Urban Consumers published by the Bu- (2) by adding at the end the following: tion— reau of Labor Statistics of the Department of ‘‘(C) INFLATION ADJUSTMENT.—The Board of ‘‘(1) SPECIAL COMPLIANCE PERSONNEL.—The Labor.’’. Governors of the Federal Reserve System shall term ‘special compliance personnel’ means indi- (b) USE OF FEES.—The fees collected as a re- annually adjust the dollar amounts of total con- viduals employed by the Internal Revenue Serv- sult of the amendments made by this section solidated assets specified under subparagraph ice as field function collection officers or in a shall be deposited in the Customs User Fee Ac- (A) to reflect the change in the Gross Domestic similar position, or employed to collect taxes count, shall be available for reimbursement of Product Price Index, published by the Bureau of using the automated collection system or an customs services and inspections costs, and shall Economic Analysis.’’. equivalent replacement system. be available only to the extent provided in ap- (b) EFFECTIVE DATE.—The amendments made ‘‘(2) PROGRAM COSTS.—The term ‘program propriations Acts. by subsection (a) shall take effect on January 1, costs’ means— (c) CONFORMING AMENDMENTS.—Section 13031 2016. ‘‘(A) total salaries (including locality pay and of the Consolidated Omnibus Budget Reconcili- SEC. 32204. STRATEGIC PETROLEUM RESERVE bonuses), benefits, and employment taxes for ation Act of 1985 (19 U.S.C. 58c), as amended by DRAWDOWN AND SALE. special compliance personnel employed or subsections (a) and (b), is further amended— (a) DRAWDOWN AND SALE.— trained under the program described in sub- (1) in subsection (a), in the matter preceding (1) IN GENERAL.—Notwithstanding section 161 section (a), and paragraph (1), by inserting ‘‘(subject to adjust- of the Energy Policy and Conservation Act (42 ‘‘(B) direct overhead costs, salaries, benefits, ment under subsection (l))’’ after ‘‘following U.S.C. 6241), except as provided in subsections and employment taxes relating to support staff, fees’’; and (b) and (c), the Secretary of Energy shall draw- rental payments, office equipment and fur- (2) in subsection (b)— down and sell from the Strategic Petroleum Re- niture, travel, data processing services, vehicle (A) in paragraph (2), by inserting ‘‘(subject to serve— costs, utilities, telecommunications, postage, adjustment under subsection (l))’’ after ‘‘in (A) the quantity of barrels of crude oil that printing and reproduction, supplies and mate- fees’’; the Secretary of Energy determines to be appro- rials, lands and structures, insurance claims, (B) in paragraph (3), by inserting ‘‘(subject to priate to maximize the financial return to and indemnities for special compliance per- adjustment under subsection (l))’’ after ‘‘in United States taxpayers for each of fiscal years sonnel hired and employed under this section. fees’’; 2016 and 2017; For purposes of subparagraph (B), the cost of (C) in paragraph (5)(A), by inserting ‘‘(subject (B) 16,000,000 barrels of crude oil during fiscal management and supervision of special compli- to adjustment under subsection (l))’’ after ‘‘in year 2023; ance personnel shall be taken into account as fees’’; (C) 25,000,000 barrels of crude oil during fiscal direct overhead costs to the extent such costs, (D) in paragraph (6), by inserting ‘‘(subject to year 2024; and when included in total program costs under this adjustment under subsection (l))’’ after ‘‘in (D) 25,000,000 barrels of crude oil during fiscal paragraph, do not represent more than 10 per- fees’’; year 2025. cent of such total costs.’’. (E) in paragraph (8)(A)— (2) DEPOSIT OF AMOUNTS RECEIVED FROM (c) CLERICAL AMENDMENT.—The table of sec- (i) in clause (i), by inserting ‘‘or (l)’’ after SALE.—Amounts received from a sale under tions for subchapter A of chapter 64 of the In- ‘‘subsection (a)(9)(B)’’; and paragraph (1) shall be deposited in the general ternal Revenue Code of 1986 is amended by in- (ii) in clause (ii), by inserting ‘‘(subject to ad- fund of the Treasury during the fiscal year in serting after the item relating to section 6306 the justment under subsection (l))’’ after ‘‘$3’’; and which the sale occurs. following new item: (F) in paragraph (9)— (b) EMERGENCY PROTECTION.—The Secretary shall not draw down and sell crude oil under ‘‘Sec. 6307. Special compliance personnel pro- (i) in subparagraph (A)— this section in quantities that would limit the gram account.’’. (I) in the matter preceding clause (i), by in- authority to sell petroleum products under sec- (d) EFFECTIVE DATE.—The amendment made serting ‘‘and subject to adjustment under sub- tion 161(h) of the Energy Policy and Conserva- by subsection (a) shall apply to amounts col- section (l)’’ after ‘‘Tariff Act of 1930’’; and tion Act (42 U.S.C. 6241(h)) in the full quantity lected and retained by the Secretary after the (II) in clause (ii)(I), by inserting ‘‘(subject to authorized by that subsection. date of the enactment of this Act. adjustment under subsection (l))’’ after ‘‘bill of (c) INCREASE; LIMITATION.— lading’’; and SEC. 32104. REPEAL OF MODIFICATION OF AUTO- (1) INCREASE.—The Secretary of Energy may (ii) in subparagraph (B)(i), by inserting ‘‘(sub- MATIC EXTENSION OF RETURN DUE increase the drawdown and sales under sub- DATE FOR CERTAIN EMPLOYEE BEN- ject to adjustment under subsection (l))’’ after paragraphs (A) through (I) of subsection (a)(1) EFIT PLANS. ‘‘bill of lading’’. as the Secretary of Energy determines to be ap- (a) IN GENERAL.—Section 2006(b) of the Sur- SEC. 32202. LIMITATION ON SURPLUS FUNDS OF propriate to maximize the financial return to face Transportation and Veterans Health Care FEDERAL RESERVE BANKS. Choice Improvement Act of 2015 is amended by United States taxpayers. Section 7(a) of the Federal Reserve Act (12 (2) LIMITATION.—The Secretary of Energy striking paragraph (3). U.S.C. 289(a)) is amended by adding at the end shall not drawdown or conduct sales of crude (b) EFFECTIVE DATE.—The amendment made the following: oil under this section after the date on which a by this section shall apply to returns for taxable ‘‘(3) LIMITATION ON SURPLUS FUNDS.— years beginning after December 31, 2015. total of $6,200,000,000 has been deposited in the ‘‘(A) IN GENERAL.—The aggregate amount of general fund of the Treasury from sales author- Subtitle B—Fees and Receipts the surplus funds of the Federal reserve banks ized under this section. may not exceed $10,000,000,000. SEC. 32201. ADJUSTMENT FOR INFLATION OF SEC. 32205. REPEAL. ‘‘(B) TRANSFER TO THE GENERAL FUND.—Any FEES FOR CERTAIN CUSTOMS SERV- Effective as of November 2, 2015, the date of ICES. amounts of the surplus funds of the Federal re- the enactment of the Bipartisan Budget Act of (a) IN GENERAL.—Section 13031 of the Consoli- serve banks that exceed, or would exceed, the limitation under subparagraph (A) shall be 2015 (Public Law 114–74), section 201 of such Act dated Omnibus Budget Reconciliation Act of and the amendments made by such section are 1985 (19 U.S.C. 58c) is amended by adding at the transferred to the Board of Governors of the Federal Reserve System for transfer to the Sec- repealed, and the provisions of law amended by end the following: such section are hereby restored to appear as if ‘‘(l) ADJUSTMENT OF FEES FOR INFLATION.— retary of the Treasury for deposit in the general such section had not been enacted into law. ‘‘(1) IN GENERAL.—The Secretary of the Treas- fund of the Treasury.’’. ury shall adjust the fees established under sub- SEC. 32203. DIVIDENDS OF FEDERAL RESERVE Subtitle C—Outlays section (a), and the limitations on such fees BANKS. SEC. 32301. INTEREST ON OVERPAYMENT. under paragraphs (2), (3), (5), (6), (8), and (9) of (a) IN GENERAL.—Section 7(a)(1) of the Fed- Section 111 of the Federal Oil and Gas Roy- subsection (b), on April 1, 2016, and at the be- eral Reserve Act (12 15 U.S.C. 289(a)(1)) is alty Management Act of 1982 (30 U.S.C. 1721) is ginning of each fiscal year thereafter, to reflect amended— amended—

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00141 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8790 CONGRESSIONAL RECORD — HOUSE December 1, 2015 (1) by striking subsections (h) and (i); responsible under section 1508.9 of title 40, Code (i) The Secretary of Agriculture. (2) by redesignating subsections (j) through (l) of Federal Regulations (or successor regula- (ii) The Secretary of the Army. as subsections (h) through (j), respectively; and tions). (iii) The Secretary of Commerce. (3) in subsection (h) (as so redesignated), by (9) ENVIRONMENTAL DOCUMENT.— (iv) The Secretary of the Interior. striking the fourth sentence. (A) IN GENERAL.—The term ‘‘environmental (v) The Secretary of Energy. Subtitle D—Budgetary Effects document’’ means an environmental assessment, (vi) The Secretary of Transportation. finding of no significant impact, notice of in- (vii) The Secretary of Defense. SEC. 32401. BUDGETARY EFFECTS. tent, environmental impact statement, or record (viii) The Administrator of the Environmental The budgetary effects of this Act shall not be of decision. Protection Agency. entered on either PAYGO scorecard maintained (B) INCLUSIONS.—The term ‘‘environmental (ix) The Chairman of the Federal Energy Reg- pursuant to section 4(d) of the Statutory Pay- document’’ includes— ulatory Commission. As-You-Go Act of 2010. (i) any document that is a supplement to a (x) The Chairman of the Nuclear Regulatory DIVISION D—MISCELLANEOUS document described in subparagraph (A); and Commission. TITLE XLI—FEDERAL PERMITTING (ii) a document prepared pursuant to a court (xi) The Secretary of Homeland Security. IMPROVEMENT order. (xii) The Secretary of Housing and Urban De- (10) ENVIRONMENTAL IMPACT STATEMENT.— velopment. SEC. 41001. DEFINITIONS. The term ‘‘environmental impact statement’’ (xiii) The Chairman of the Advisory Council In this title: means the detailed written statement required on Historic Preservation. (1) AGENCY.—The term ‘‘agency’’ has the under section 102(2)(C) of NEPA. (xiv) Any other head of a Federal agency that meaning given the term in section 551 of title 5, (11) ENVIRONMENTAL REVIEW.—The term ‘‘en- the Executive Director may invite to participate United States Code. vironmental review’’ means the agency proce- as a member of the Council. (2) AGENCY CERPO.—The term ‘‘agency dures and processes for applying a categorical (3) ADDITIONAL MEMBERS.—In addition to the CERPO’’ means the chief environmental review exclusion or for preparing an environmental as- members listed in paragraphs (1) and (2), the and permitting officer of an agency, as des- sessment, an environmental impact statement, or Chairman of the Council on Environmental ignated by the head of the agency under section other document required under NEPA. Quality and the Director of the Office of Man- 41002(b)(2)(A)(iii)(I). (12) EXECUTIVE DIRECTOR.—The term ‘‘Execu- agement and Budget shall also be members of (3) AUTHORIZATION.—The term ‘‘authoriza- tive Director’’ means the Executive Director ap- the Council. tion’’ means any license, permit, approval, find- pointed by the President under section (c) DUTIES.— ing, determination, or other administrative deci- 41002(b)(1)(A). (1) EXECUTIVE DIRECTOR.— sion issued by an agency that is required or au- (13) FACILITATING AGENCY.—The term ‘‘facili- (A) INVENTORY DEVELOPMENT.—The Executive thorized under Federal law in order to site, con- tating agency’’ means the agency that receives Director, in consultation with the Council, struct, reconstruct, or commence operations of a the initial notification from the project sponsor shall— covered project administered by a Federal agen- required under section 41003(a). (i) not later than 180 days after the date of cy or, in the case of a State that chooses to par- (14) INVENTORY.—The term ‘‘inventory’’ enactment of this Act, establish an inventory of ticipate in the environmental review and au- means the inventory of covered projects estab- covered projects that are pending the environ- thorization process in accordance with section lished by the Executive Director under section mental review or authorization of the head of 41003(c)(3)(A), a State agency. 41002(c)(1)(A). any Federal agency; (4) COOPERATING AGENCY.—The term ‘‘cooper- (15) LEAD AGENCY.—The term ‘‘lead agency’’ (ii)(I) categorize the projects in the inventory ating agency’’ means any agency with— means the agency with principal responsibility as appropriate, based on sector and project type; (A) jurisdiction under Federal law; or for an environmental review of a covered project and (B) special expertise as described in section under NEPA and parts 1500 through 1508 of title (II) for each category, identify the types of 1501.6 of title 40, Code of Federal Regulations 40, Code of Federal Regulations (or successor environmental reviews and authorizations most (as in effect on the date of enactment of this regulations). commonly involved; and Act). (16) NEPA.—The term ‘‘NEPA’’ means the Na- (iii) add a covered project to the inventory (5) COUNCIL.—The term ‘‘Council’’ means the tional Environmental Policy Act of 1969 (42 after receiving a notice described in section Federal Infrastructure Permitting Improvement U.S.C. 4321 et seq.). 41003(a)(1). Steering Council established under section (17) PARTICIPATING AGENCY.—The term ‘‘par- (B) FACILITATING AGENCY DESIGNATION.—The 41002(a). ticipating agency’’ means an agency partici- Executive Director, in consultation with the (6) COVERED PROJECT.— pating in an environmental review or authoriza- Council, shall— (A) IN GENERAL.—The term ‘‘covered project’’ tion for a covered project in accordance with (i) designate a facilitating agency for each means any activity in the United States that re- section 41003. category of covered projects described in sub- quires authorization or environmental review by (18) PROJECT SPONSOR.—The term ‘‘project paragraph (A)(ii); and a Federal agency involving construction of in- sponsor’’ means an entity, including any pri- (ii) publish the list of designated facilitating frastructure for renewable or conventional en- vate, public, or public-private entity, seeking an agencies for each category of projects in the in- ergy production, electricity transmission, sur- authorization for a covered project. ventory on the Dashboard in an easily acces- face transportation, aviation, ports and water- SEC. 41002. FEDERAL PERMITTING IMPROVEMENT sible format. ways, water resource projects, broadband, pipe- COUNCIL. (C) PERFORMANCE SCHEDULES.— lines, manufacturing, or any other sector as de- (a) ESTABLISHMENT.—There is established the (i) IN GENERAL.—Not later than 1 year after termined by a majority vote of the Council Federal Permitting Improvement Steering Coun- the date of enactment of this Act, the Executive that— cil. Director, in consultation with the Council, shall (i)(I) is subject to NEPA; (b) COMPOSITION.— develop recommended performance schedules, (II) is likely to require a total investment of (1) CHAIR.—The Executive Director shall— including intermediate and final completion more than $200,000,000; and (A) be appointed by the President; and dates, for environmental reviews and authoriza- (III) does not qualify for abbreviated author- (B) serve as Chair of the Council. tions most commonly required for each category ization or environmental review processes under (2) COUNCIL MEMBERS.— of covered projects described in subparagraph any applicable law; or (A) IN GENERAL.— (A)(ii). (ii) is subject to NEPA and the size and com- (i) DESIGNATION BY HEAD OF AGENCY.—Each (ii) REQUIREMENTS.— plexity of which, in the opinion of the Council, individual listed in subparagraph (B) shall des- (I) IN GENERAL.—The performance schedules make the project likely to benefit from enhanced ignate a member of the agency in which the in- shall reflect employment of the use of the most oversight and coordination, including a project dividual serves to serve on the Council. efficient applicable processes, including the likely to require— (ii) QUALIFICATIONS.—A councilmem-ber de- alignment of Federal reviews of projects and re- (I) authorization from or environmental re- scribed in clause (i) shall hold a position in the duction of permitting and project delivery time. view involving more than 2 Federal agencies; or agency of deputy secretary (or the equivalent) (II) LIMIT.— (II) the preparation of an environmental im- or higher. (aa) IN GENERAL.—The final completion dates pact statement under NEPA. (iii) SUPPORT.— in any performance schedule for the completion (B) EXCLUSION.—The term ‘‘covered project’’ (I) IN GENERAL.—Consistent with guidance of an environmental review or authorization does not include— provided by the Director of the Office of Man- under clause (i) shall not exceed the average (i) any project subject to section 139 of title 23, agement and Budget, each individual listed in time to complete an environmental review or au- United States Code; or subparagraph (B) shall designate 1 or more ap- thorization for a project within that category. (ii) any project subject to section 2045 of the propriate members of the agency in which the (bb) CALCULATION OF AVERAGE TIME.—The av- Water Resources Development Act of 2007 (33 individual serves to serve as an agency CERPO. erage time referred to in item (aa) shall be cal- U.S.C. 2348). (II) REPORTING.—In carrying out the duties of culated on the basis of data from the preceding (7) DASHBOARD.—The term ‘‘Dashboard’’ the agency CERPO under this title, an agency 2 calendar years and shall run from the period means the Permitting Dashboard required under CERPO shall report directly to a deputy sec- beginning on the date on which the Executive section 41003(b). retary (or the equivalent) or higher. Director must make a specific entry for the (8) ENVIRONMENTAL ASSESSMENT.—The term (B) HEADS OF AGENCIES.—The individuals that project on the Dashboard under section ‘‘environmental assessment’’ means a concise shall each designate a councilmember under this 41003(b)(2) (except that, for projects initiated be- public document for which a Federal agency is subparagraph are as follows: fore that duty takes effect, the period beginning

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00142 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8791 on the date of filing of a completed application), ties and make recommendations to the respective before the deadline under paragraph (2)(B) that and ending on the date of the issuance of a agency councilmember for ways to standardize, the agency— record of decision or other final agency action simplify, and improve the efficiency of the proc- (i) has no jurisdiction or authority with re- on the review or authorization. esses, policies, and authorities, including by im- spect to the proposed project; or (cc) COMPLETION DATE.—Each performance plementing guidance issued under paragraph (ii) does not intend to exercise authority re- schedule shall specify that any decision by an (1)(D) and other best practices, including the lated to, or submit comments on, the proposed agency on an environmental review or author- use of information technology and geographic project. ization must be issued not later than 180 days information system tools within the agency and (B) CHANGED CIRCUMSTANCES.—On request after the date on which all information needed across agencies, to the extent consistent with ex- and a showing of changed circumstances, the to complete the review or authorization (includ- isting law; and Executive Director may designate an agency ing any hearing that an agency holds on the (D) review and develop training programs for that has opted out under subparagraph (A)(ii) matter) is in the possession of the agency. agency staff that support and conduct environ- to be a participating or cooperating agency, as (iii) REVIEW AND REVISION.—Not later than 2 mental reviews or authorizations. appropriate. years after the date on which the performance (d) ADMINISTRATIVE SUPPORT.—The Director (4) EFFECT OF DESIGNATION.—The designation schedules are established under this subpara- of the Office of Management and Budget shall described in paragraph (3) shall not— graph, and not less frequently than once every designate a Federal agency, other than an (A) give the participating agency authority or 2 years thereafter, the Executive Director, in agency that carries out or provides support only jurisdiction over the covered project; or consultation with the Council, shall review and for projects that are not covered projects, to pro- (B) expand any jurisdiction or authority a co- revise the performance schedules. vide administrative support for the Executive operating agency may have over the proposed (D) GUIDANCE.—The Executive Director, in Director, and the designated agency shall, as project. consultation with the Council, may recommend reasonably necessary, provide support and staff (5) LEAD AGENCY DESIGNATION.— to the Director of the Office of Management and to enable the Executive Director to fulfill the (A) IN GENERAL.—On establishment of the lead Budget or to the Council on Environmental duties of the Executive Director under this title. agency, the lead agency shall assume the re- Quality, as appropriate, that guidance be issued SEC. 41003. PERMITTING PROCESS IMPROVE- sponsibilities of the facilitating agency under as necessary for agencies— MENT. this title. (i) to carry out responsibilities under this title; (a) PROJECT INITIATION AND DESIGNATION OF (B) REDESIGNATION OF FACILITATING AGEN- and PARTICIPATING AGENCIES.— CY.—If the lead agency assumes the responsibil- (ii) to effectuate the adoption by agencies of (1) NOTICE.— ities of the facilitating agency under subpara- the best practices and recommendations of the (A) IN GENERAL.—A project sponsor of a cov- graph (A), the facilitating agency may be des- Council described in paragraph (2). ered project shall submit to the Executive Direc- ignated as a cooperative or participating agen- (2) COUNCIL.— tor and the facilitating agency notice of the ini- cy. (A) RECOMMENDATIONS.— tiation of a proposed covered project. (6) CHANGE OF FACILITATING OR LEAD AGEN- (i) IN GENERAL.—The Council shall make rec- (B) DEFAULT DESIGNATION.—If, at the time of CY.— ommendations to the Executive Director with re- submission of the notice under subparagraph (A) IN GENERAL.—On the request of a partici- spect to the designations under paragraph (A), the Executive Director has not designated a pating agency or project sponsor, the Executive (1)(B) and the performance schedules under facilitating agency under section 41002(c)(1)(B) Director may designate a different agency as the paragraph (1)(C). for the categories of projects noticed, the agency facilitating or lead agency, as applicable, for a (ii) UPDATE.—The Council may update the that receives the notice under subparagraph (A) covered project, if the facilitating or lead agency recommendations described in clause (i). shall be designated as the facilitating agency. or the Executive Director receives new informa- (B) BEST PRACTICES.—Not later than 1 year (C) CONTENTS.—Each notice described in sub- tion regarding the scope or nature of a covered after the date of enactment of this Act, and not paragraph (A) shall include— project that indicates that the project should be less frequently than annually thereafter, the (i) a statement of the purposes and objectives placed in a different category under section Council shall issue recommendations on the best of the proposed project; 41002(c)(1)(B). practices for— (ii) a concise description, including the gen- (B) RESOLUTION OF DISPUTE.—The Chairman (i) enhancing early stakeholder engagement, eral location of the proposed project and a sum- of the Council on Environmental Quality shall including fully considering and, as appropriate, mary of geospatial information, if available, il- resolve any dispute over designation of a facili- incorporating recommendations provided in pub- lustrating the project area and the locations, if tating or lead agency for a particular covered lic comments on any proposed covered project; any, of environmental, cultural, and historic re- project. (ii) ensuring timely decisions regarding envi- sources; (b) PERMITTING DASHBOARD.— ronmental reviews and authorizations, includ- (iii) a statement regarding the technical and (1) REQUIREMENT TO MAINTAIN.— ing through the development of performance financial ability of the project sponsor to con- (A) IN GENERAL.—The Executive Director, in metrics; coordination with the Administrator of General (iii) improving coordination between Federal struct the proposed project; (iv) a statement of any Federal financing, en- Services, shall maintain an online database to and non-Federal governmental entities, includ- vironmental reviews, and authorizations antici- be known as the ‘‘Permitting Dashboard’’ to ing through the development of common data pated to be required to complete the proposed track the status of Federal environmental re- standards and terminology across agencies; views and authorizations for any covered (iv) increasing transparency; project; and (v) reducing information collection require- (v) an assessment that the proposed project project in the inventory described in section ments and other administrative burdens on meets the definition of a covered project under 41002(c)(1)(A). (B) SPECIFIC AND SEARCHABLE ENTRY.—The agencies, project sponsors, and other interested section 41001 and a statement of reasons sup- Dashboard shall include a specific and search- parties; porting the assessment. (vi) developing and making available to appli- (2) INVITATION.— able entry for each covered project. cants appropriate geographic information sys- (A) IN GENERAL.—Not later than 45 days after (2) ADDITIONS.— tems and other tools; the date on which the Executive Director must (A) IN GENERAL.— (vii) creating and distributing training mate- make a specific entry for the project on the (i) EXISTING PROJECTS.—Not later than 14 rials useful to Federal, State, tribal, and local Dashboard under subsection (b)(2)(A), the fa- days after the date on which the Executive Di- permitting officials; and cilitating agency or lead agency, as applicable, rector adds a project to the inventory under sec- (viii) addressing other aspects of infrastruc- shall— tion 41002(c)(1)(A), the Executive Director shall ture permitting, as determined by the Council. (i) identify all Federal and non-Federal agen- create a specific entry on the Dashboard for the (C) MEETINGS.—The Council shall meet not cies and governmental entities likely to have fi- covered project. less frequently than annually with groups or in- nancing, environmental review, authorization, (ii) NEW PROJECTS.—Not later than 14 days dividuals representing State, tribal, and local or other responsibilities with respect to the pro- after the date on which the Executive Director governments that are engaged in the infrastruc- posed project; and receives a notice under subsection (a)(1), the Ex- ture permitting process. (ii) invite all Federal agencies identified under ecutive Director shall create a specific entry on (3) AGENCY CERPOS.—An agency CERPO clause (i) to become a participating agency or a the Dashboard for the covered project, unless shall— cooperating agency, as appropriate, in the envi- the Executive Director, facilitating agency, or (A) advise the respective agency ronmental review and authorization manage- lead agency, as applicable, determines that the councilmember on matters related to environ- ment process described in section 41005. project is not a covered project. mental reviews and authorizations; (B) DEADLINES.—Each invitation made under (B) EXPLANATION.—If the facilitating agency (B) provide technical support, when requested subparagraph (A) shall include a deadline for a or lead agency, as applicable, determines that to facilitate efficient and timely processes for response to be submitted to the facilitating or the project is not a covered project, the project environmental reviews and authorizations for lead agency, as applicable. sponsor may submit a further explanation as to covered projects under the jurisdictional respon- (3) PARTICIPATING AND COOPERATING AGEN- why the project is a covered project not later sibility of the agency, including supporting CIES.— than 14 days after the date of the determination timely identification and resolution of potential (A) IN GENERAL.—An agency invited under under subparagraph (A). disputes within the agency or between the agen- paragraph (2) shall be designated as a partici- (C) FINAL DETERMINATION.—Not later than 14 cy and other Federal agencies; pating or cooperating agency for a covered days after receiving an explanation described in (C) analyze agency environmental review and project, unless the agency informs the facili- subparagraph (B), the Executive Director authorization processes, policies, and authori- tating or lead agency, as applicable, in writing shall—

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00143 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8792 CONGRESSIONAL RECORD — HOUSE December 1, 2015 (i) make a final and conclusive determination (iv) Plans and a schedule for public and tribal described under subparagraph (B), whether to as to whether the project is a covered project; outreach and coordination, to the extent re- grant the facilitating or lead agency, as applica- and quired by applicable law. ble, authority to make such modification. (ii) if the Executive Director determines that (C) MEMORANDUM OF UNDERSTANDING.—The (ii) COMPLETION DATE.—A completion date in the project is a covered project, create a specific coordinated project plan described in subpara- the permitting timetable may not be modified entry on the Dashboard for the covered project. graph (A) may be incorporated into a memo- within 30 days of the completion date. (3) POSTINGS BY AGENCIES.— randum of understanding. (iii) LIMITATION ON LENGTH OF MODIFICA- (A) IN GENERAL.—For each covered project (2) PERMITTING TIMETABLE.— TIONS.— added to the Dashboard under paragraph (2), (A) ESTABLISHMENT.—As part of the coordina- (I) IN GENERAL.—Except as provided in sub- the facilitating or lead agency, as applicable, tion project plan under paragraph (1), the fa- clause (II), the total length of all modifications and each cooperating and participating agency cilitating or lead agency, as applicable, in con- to a permitting timetable authorized or made shall post to the Dashboard— sultation with each cooperating and partici- under this subparagraph, other than for reasons (i) a hyperlink that directs to a website that pating agency, the project sponsor, and any outside the control of Federal, State, local, or contains, to the extent consistent with applica- State in which the project is located, and, sub- tribal governments, may not extend the permit- ble law— ject to subparagraph (C), with the concurrence ting timetable for a period of time greater than (I) the notification submitted under subsection of each cooperating agency, shall establish a half of the amount of time from the establish- (a)(1); permitting timetable that includes intermediate ment of the permitting timetable under subpara- (II)(aa) where practicable, the application and final completion dates for action by each graph (A) to the last final completion date origi- and supporting documents, if applicable, that participating agency on any Federal environ- nally established under subparagraph (A). have been submitted by a project sponsor for mental review or authorization required for the (II) ADDITIONAL EXTENSIONS.—The Director of any required environmental review or author- project. the Office of Management and Budget, after ization; or (B) FACTORS FOR CONSIDERATION.—In estab- consultation with the project sponsor, may per- (bb) a notice explaining how the public may lishing the permitting timetable under subpara- mit the Executive Director to authorize addi- obtain access to such documents; graph (A), the facilitating or lead agency shall tional extensions of a permitting timetable be- (III) a description of any Federal agency ac- follow the performance schedules established yond the limit prescribed by subclause (I). In tion taken or decision made that materially af- under section 41002(c)(1)(C), but may vary the such a case, the Director of the Office of Man- fects the status of a covered project; timetable based on relevant factors, including— agement and Budget shall transmit, not later (IV) any significant document that supports (i) the size and complexity of the covered than 5 days after making a determination to the action or decision described in subclause project; permit an authorization of extension under this (III); and (ii) the resources available to each partici- subclause, a report to Congress explaining why (V) a description of the status of any litiga- pating agency; such modification is required. Such report shall tion to which the agency is a party that is di- (iii) the regional or national economic signifi- explain to Congress with specificity why the rectly related to the project, including, if prac- cance of the project; original permitting timetable and the modifica- ticable, any judicial document made available (iv) the sensitivity of the natural or historic tions authorized by the Executive Director failed on an electronic docket maintained by a Fed- resources that may be affected by the project; to be adequate. The lead or facilitating agency, eral, State, or local court; and (v) the financing plan for the project; and as applicable, shall transmit to Congress, the (ii) any document described in clause (i) that (vi) the extent to which similar projects in ge- Director of the Office of Management and is not available by hyperlink on another ographic proximity to the project were recently Budget, and the Executive Director a supple- website. subject to environmental review or similar proce- mental report on progress toward the final com- (B) DEADLINE.—The information described in dures under State law. pletion date each year thereafter, until the per- subparagraph (A) shall be posted to the website (C) DISPUTE RESOLUTION.— mit review is completed or the project sponsor made available by hyperlink on the Dashboard (i) IN GENERAL.—The Executive Director, in withdraws its notice or application or other re- not later than 5 business days after the date on consultation with appropriate agency CERPOs quest to which this title applies under section which the Federal agency receives the informa- and the project sponsor, shall, as necessary, me- 41010. tion. diate any disputes regarding the permitting (iv) LIMITATION ON JUDICIAL REVIEW.—The (4) POSTINGS BY THE EXECUTIVE DIRECTOR.— timetable referred to under subparagraph (A). following shall not be subject to judicial review: The Executive Director shall publish to the (ii) DISPUTES.—If a dispute remains unre- (I) A determination by the Executive Director Dashboard— solved 30 days after the date on which the dis- under clause (i)(III). (A) the permitting timetable established under pute was submitted to the Executive Director, (II) A determination under clause (iii)(II) by subparagraph (A) or (C) of subsection (c)(2); the Director of the Office of Management and the Director of the Office of Management and (B) the status of the compliance of each agen- Budget, in consultation with the Chairman of Budget to permit the Executive Director to au- cy with the permitting timetable; the Council on Environmental Quality, shall fa- thorize extensions of a permitting timetable. (C) any modifications of the permitting time- cilitate a resolution of the dispute and direct the (E) CONSISTENCY WITH OTHER TIME PERIODS.— table; agencies party to the dispute to resolve the dis- A permitting timetable established under sub- (D) an explanation of each modification de- pute by the end of the 60-day period beginning paragraph (A) shall be consistent with any scribed in subparagraph (C); and on the date of submission of the dispute to the other relevant time periods established under (E) any memorandum of understanding estab- Executive Director. Federal law and shall not prevent any cooper- lished under subsection (c)(3)(B). (iii) FINAL RESOLUTION.—Any action taken by ating or participating agency from discharging (c) COORDINATION AND TIMETABLES.— the Director of the Office of Management and any obligation under Federal law in connection (1) COORDINATED PROJECT PLAN.— Budget in the resolution of a dispute under with the project. (A) IN GENERAL.—Not later than 60 days after clause (ii) shall— (F) CONFORMING TO PERMITTING TIME- the date on which the Executive Director must (I) be final and conclusive; and TABLES.— make a specific entry for the project on the (II) not be subject to judicial review. (i) IN GENERAL.—Each Federal agency shall Dashboard under subsection (b)(2)(A), the fa- (D) MODIFICATION AFTER APPROVAL.— conform to the completion dates set forth in the cilitating or lead agency, as applicable, in con- (i) IN GENERAL.—The facilitating or lead agen- permitting timetable established under subpara- sultation with each coordinating and partici- cy, as applicable, may modify a permitting time- graph (A), or with any completion date modified pating agency, shall establish a concise plan for table established under subparagraph (A) only under subparagraph (D). coordinating public and agency participation if— (ii) FAILURE TO CONFORM.—If a Federal agen- in, and completion of, any required Federal en- (I) the facilitating or lead agency, as applica- cy fails to conform with a completion date for vironmental review and authorization for the ble, and the affected cooperating agencies, after agency action on a covered project or is at sig- project. consultation with the participating agencies nificant risk of failing to conform with such a (B) REQUIRED INFORMATION.—The Coordi- and the project sponsor, agree to a different completion date, the agency shall— nated Project Plan shall include the following completion date; (I) promptly submit to the Executive Director information and be updated by the facilitating (II) the facilitating agency or lead agency, as for publication on the Dashboard an expla- or lead agency, as applicable, at least once per applicable, or the affected cooperating agency nation of the specific reasons for failing or sig- quarter: provides a written justification for the modifica- nificantly risking failing to conform to the com- (i) A list of, and roles and responsibilities for, tion; and pletion date and a proposal for an alternative all entities with environmental review or au- (III) in the case of a modification that would completion date; thorization responsibility for the project. necessitate an extension of a final completion (II) in consultation with the facilitating or (ii) A permitting timetable, as described in date under a permitting timetable established lead agency, as applicable, establish an alter- paragraph (2), setting forth a comprehensive under subparagraph (A) to a date more than 30 native completion date; and schedule of dates by which all environmental re- days after the final completion date originally (III) each month thereafter until the agency views and authorizations, and to the maximum established under subparagraph (A), the facili- has taken final action on the delayed author- extent practicable, State permits, reviews and tating or lead agency submits a request to mod- ization or review, submit to the Executive Direc- approvals must be made. ify the permitting timetable to the Executive Di- tor for posting on the Dashboard a status report (iii) A discussion of potential avoidance, mini- rector, who shall consult with the project spon- describing any agency activity related to the mization, and mitigation strategies, if required sor and make a determination on the record, project. by applicable law and known. based on consideration of the relevant factors (G) ABANDONMENT OF COVERED PROJECT.—

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(i) IN GENERAL.—If the facilitating or lead in accordance with part 1501 of title 40, Code of sequences, and other required analyses that are agency, as applicable, has a reasonable basis to Federal Regulations (or successor regulations). substantially equivalent to what would have doubt the continuing technical or financial abil- (2) EFFECT ON OTHER DESIGNATION.—The des- been available had the documents and analysis ity of the project sponsor to construct the cov- ignation described in paragraph (1) shall not af- been prepared by a Federal agency pursuant to ered project, the facilitating or lead agency may fect any designation under subsection (a)(3). NEPA. request the project sponsor provide an updated (3) LIMITATION ON DESIGNATION.—Any agency (ii) GUIDANCE BY CEQ.—The Council on Envi- statement regarding the ability of the project not designated as a participating agency under ronmental Quality may issue guidance to carry sponsor to complete the project. subsection (a)(3) shall not be designated as a co- out this subsection. (ii) FAILURE TO RESPOND.—If the project spon- operating agency under paragraph (1). (B) NEPA OBLIGATIONS.—An environmental sor fails to respond to a request described in (f) REPORTING STATUS OF OTHER PROJECTS ON document adopted under subparagraph (A) or a clause (i) by the date that is 30 days after re- DASHBOARD.— document that includes documentation incor- ceiving the request, the lead or facilitating (1) IN GENERAL.—On request of the Executive porated under subparagraph (A) may serve as agency, as applicable, shall notify the Executive Director, the Secretary and the Secretary of the the documentation required for an environ- Director, who shall publish an appropriate no- Army shall use best efforts to provide informa- mental review or a supplemental environmental tice on the Dashboard. tion for inclusion on the Dashboard on projects review required to be prepared by a lead agency (iii) PUBLICATION TO DASHBOARD.—On publi- subject to section 139 of title 23, United States under NEPA. cation of a notice under clause (ii), the comple- Code, and section 2045 of the Water Resources (C) SUPPLEMENTATION OF STATE DOCU- tion dates in the permitting timetable shall be Development Act of 2007 (33 U.S.C. 2348) likely MENTS.—If the lead agency adopts or incor- tolled and agencies shall be relieved of the obli- to require— porates analysis and documentation described gation to comply with subparagraph (F) until (A) a total investment of more than in subparagraph (A), the lead agency shall pre- pare and publish a supplemental document if such time as the project sponsor submits to the $200,000,000; and the lead agency determines that during the pe- facilitating or lead agency, as applicable, an (B) an environmental impact statement under riod after preparation of the analysis and docu- updated statement regarding the technical and NEPA. mentation and before the adoption or incorpora- financial ability of the project sponsor to con- (2) EFFECT OF INCLUSION ON DASHBOARD.—In- tion— struct the project. clusion on the Dashboard of information regard- (i) a significant change has been made to the (3) COOPERATING STATE, LOCAL, OR TRIBAL ing projects subject to section 139 of title 23, covered project that is relevant for purposes of GOVERNMENTS.— United States Code, or section 2045 of the Water environmental review of the project; or (A) STATE AUTHORITY.—If the Federal envi- Resources Development Act of 2007 (33 U.S.C. (ii) there has been a significant circumstance ronmental review is being implemented within 2348) shall not subject those projects to any re- or new information has emerged that is relevant the boundaries of a State, the State, consistent quirements of this title. to the environmental review for the covered with State law, may choose to participate in the SEC. 41004. INTERSTATE COMPACTS. project. environmental review and authorization process (a) IN GENERAL.—The consent of Congress is (D) COMMENTS.—If a lead agency prepares under this subsection and to make subject to the given for 3 or more contiguous States to enter and publishes a supplemental document under process all State agencies that— into an interstate compact establishing regional subparagraph (C), the lead agency shall solicit (i) have jurisdiction over the covered project; infrastructure development agencies to facilitate comments from other agencies and the public on (ii) are required to conduct or issue a review, authorization and review of covered projects, the supplemental document for a period of not analysis, opinion, or statement for the covered under State law or in the exercise of delegated more than 45 days, beginning on the date on project; or permitting authority described under section which the supplemental document is published, (iii) are required to make a determination on 41006, that will advance infrastructure develop- unless— issuing a permit, license, or other approval or ment, production, and generation within the (i) the lead agency, the project sponsor, and decision for the covered project. States that are parties to the compact. any cooperating agency agree to a longer dead- (B) COORDINATION.—To the maximum extent (b) REGIONAL INFRASTRUCTURE.—For the pur- line; or practicable under applicable law, the facili- pose of this title, a regional infrastructure devel- (ii) the lead agency extends the deadline for tating or lead agency, as applicable, shall co- opment agency referred to in subsection (a) good cause. ordinate the Federal environmental review and (E) NOTICE OF OUTCOME OF ENVIRONMENTAL shall have the same authorities and responsibil- authorization processes under this subsection REVIEW.—A lead agency shall issue a record of ities of a State agency. with any State, local, or tribal agency respon- decision or finding of no significant impact, as sible for conducting any separate review or au- SEC. 41005. COORDINATION OF REQUIRED RE- appropriate, based on the document adopted thorization of the covered project to ensure time- VIEWS. under subparagraph (A) and any supplemental ly and efficient completion of environmental re- (a) CONCURRENT REVIEWS.—To integrate envi- document prepared under subparagraph (C). views and authorizations. ronmental reviews and authorizations, each (c) ALTERNATIVES ANALYSIS.— (C) MEMORANDUM OF UNDERSTANDING.— agency shall, to the maximum extent prac- (1) PARTICIPATION.— (i) IN GENERAL.—Any coordination plan be- ticable— (A) IN GENERAL.—As early as practicable dur- tween the facilitating or lead agency, as appli- (1) carry out the obligations of the agency ing the environmental review, but not later than cable, and any State, local, or tribal agency with respect to a covered project under any the commencement of scoping for a project re- shall, to the maximum extent practicable, be in- other applicable law concurrently, and in con- quiring the preparation of an environmental im- cluded in a memorandum of understanding. junction with, other environmental reviews and pact statement, the lead agency shall engage the (ii) SUBMISSION TO EXECUTIVE DIRECTOR.—The authorizations being conducted by other cooper- cooperating agencies and the public to deter- facilitating or lead agency, as applicable, shall ating or participating agencies, including envi- mine the range of reasonable alternatives to be submit to the Executive Director each memo- ronmental reviews and authorizations required considered for a covered project. randum of understanding described in clause under NEPA, unless the agency determines that (B) DETERMINATION.—The determination (i). doing so would impair the ability of the agency under subparagraph (A) shall be completed not later than the completion of scoping. (D) APPLICABILITY.—The requirements under to carry out the statutory obligations of the (2) RANGE OF ALTERNATIVES.— this title shall only apply to a State or an au- agency; and (2) formulate and implement administrative, (A) IN GENERAL.—Following participation thorization issued by a State if the State has under paragraph (1) and subject to subpara- chosen to participate in the environmental re- policy, and procedural mechanisms to enable the agency to ensure completion of the environ- graph (B), the lead agency shall determine the view and authorization process pursuant to this range of reasonable alternatives for consider- paragraph. mental review process in a timely, coordinated, and environmentally responsible manner. ation in any document that the lead agency is (d) EARLY CONSULTATION.—The facilitating or responsible for preparing for the covered project. (b) ADOPTION, INCORPORATION BY REFERENCE, lead agency, as applicable, shall provide an ex- (B) ALTERNATIVES REQUIRED BY LAW.—In de- AND USE OF DOCUMENTS.— peditious process for project sponsors to confer termining the range of alternatives under sub- (1) STATE ENVIRONMENTAL DOCUMENTS; SUP- with each cooperating and participating agency paragraph (A), the lead agency shall include all involved and, not later than 60 days after the PLEMENTAL DOCUMENTS.— alternatives required to be considered by law. date on which the project sponsor submits a re- (A) USE OF EXISTING DOCUMENTS.— (3) METHODOLOGIES.— quest under this subsection, to have each such (i) IN GENERAL.—On the request of a project (A) IN GENERAL.—The lead agency shall deter- agency provide to the project sponsor informa- sponsor, a lead agency shall consider and, as mine, in collaboration with each cooperating tion concerning— appropriate, adopt or incorporate by reference, agency at appropriate times during the environ- (1) the availability of information and tools, the analysis and documentation that has been mental review, the methodologies to be used and including pre-application toolkits, to facilitate prepared for a covered project under State laws the level of detail required in the analysis of early planning efforts; and procedures as the documentation, or part of each alternative for a covered project. (2) key issues of concern to each agency and the documentation, required to complete an en- (B) ENVIRONMENTAL REVIEW.—A cooperating to the public; and vironmental review for the covered project, if agency shall use the methodologies referred to (3) issues that must be addressed before an en- the analysis and documentation were, as deter- in subparagraph (A) when conducting any re- vironmental review or authorization can be com- mined by the lead agency in consultation with quired environmental review, to the extent con- pleted. the Council on Environmental Quality, pre- sistent with existing law. (e) COOPERATING AGENCY.— pared under circumstances that allowed for op- (4) PREFERRED ALTERNATIVE.—With the con- (1) IN GENERAL.—A lead agency may designate portunities for public participation and consid- currence of the cooperating agencies with juris- a participating agency as a cooperating agency eration of alternatives, environmental con- diction under Federal law and at the discretion

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00145 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8794 CONGRESSIONAL RECORD — HOUSE December 1, 2015 of the lead agency, the preferred alternative for the Federal agency with authority to carry out (2) creates a presumption that a covered a project, after being identified, may be devel- the statute shall— project will be approved or favorably reviewed oped to a higher level of detail than other alter- (1) on publication by the Council of best prac- by any agency. natives to facilitate the development of mitiga- tices under section 41002(c)(2)(B), initiate a na- (e) LIMITATIONS.—Nothing in this section pre- tion measures or concurrent compliance with tional process, with public participation, to de- empts, limits, or interferes with— other applicable laws if the lead agency deter- termine whether and the extent to which any of (1) any practice of seeking, considering, or re- mines that the development of the higher level the best practices are generally applicable on a sponding to public comment; or of detail will not prevent— delegation- or authorization-wide basis to per- (2) any power, jurisdiction, responsibility, or (A) the lead agency from making an impartial mitting under the statute; and authority that a Federal, State, or local govern- decision as to whether to accept another alter- (2) not later than 2 years after the date of en- mental agency, metropolitan planning organiza- native that is being considered in the environ- actment of this Act, make model recommenda- tion, Indian tribe, or project sponsor has with mental review; and tions for State modifications of the applicable respect to carrying out a project or any other (B) the public from commenting on the pre- permit program to reflect the best practices de- provisions of law applicable to any project, ferred and other alternatives. scribed in section 41002(c)(2)(B), as appropriate. plan, or program. (d) ENVIRONMENTAL REVIEW COMMENTS.— (b) BEST PRACTICES.—Lead and cooperating SEC. 41008. REPORTS. (1) COMMENTS ON DRAFT ENVIRONMENTAL IM- agencies may share with State, tribal, and local (a) REPORT TO CONGRESS.— PACT STATEMENT.—For comments by an agency authorities best practices involved in review of (1) IN GENERAL.—Not later than April 15 of or the public on a draft environmental impact covered projects and invite input from State, each year for 10 years beginning on the date of statement, the lead agency shall establish a tribal, and local authorities regarding best prac- enactment of this Act, the Executive Director comment period of not less than 45 days and not tices. shall submit to Congress a report detailing the more than 60 days after the date on which a no- SEC. 41007. LITIGATION, JUDICIAL REVIEW, AND progress accomplished under this title during tice announcing availability of the environ- SAVINGS PROVISION. the previous fiscal year. mental impact statement is published in the (a) LIMITATIONS ON CLAIMS.— (2) CONTENTS.—The report described in para- graph (1) shall assess the performance of each Federal Register, unless— (1) IN GENERAL.—Notwithstanding any other (A) the lead agency, the project sponsor, and provision of law, a claim arising under Federal participating agency and lead agency based on any cooperating agency agree to a longer dead- law seeking judicial review of any authorization the best practices described in section line; or issued by a Federal agency for a covered project 41002(c)(2)(B), including— (A) agency progress in making improvements (B) the lead agency, in consultation with each shall be barred unless— consistent with those best practices; and cooperating agency, extends the deadline for (A) the action is filed not later than 2 years after the date of publication in the Federal Reg- (B) agency compliance with the performance good cause. schedules established under section (2) OTHER REVIEW AND COMMENT PERIODS.— ister of the final record of decision or approval or denial of a permit, unless a shorter time is 41002(c)(1)(C). For all other review or comment periods in the (3) OPPORTUNITY TO INCLUDE COMMENTS.— specified in the Federal law under which judi- environmental review process described in parts Each councilmember, with input from the re- cial review is allowed; and 1500 through 1508 of title 40, Code of Federal spective agency CERPO, shall have the oppor- Regulations (or successor regulations), the lead (B) in the case of an action pertaining to an environmental review conducted under NEPA— tunity to include comments concerning the per- agency shall establish a comment period of not formance of the agency in the report described more than 45 days after the date on which the (i) the action is filed by a party that submitted a comment during the environmental review; in paragraph (1). materials on which comment is requested are (b) COMPTROLLER GENERAL REPORT.—Not made available, unless— and (ii) any commenter filed a sufficiently detailed later than 3 years after the date of enactment of (A) the lead agency, the project sponsor, and comment so as to put the lead agency on notice this Act, the Comptroller General of the United any cooperating agency agree to a longer dead- of the issue on which the party seeks judicial re- States shall submit to Congress a report that de- line; or view, or the lead agency did not provide a rea- scribes— (B) the lead agency extends the deadline for (1) agency progress in making improvements sonable opportunity for such a comment on that good cause. consistent with the best practices issued under issue. (e) ISSUE IDENTIFICATION AND RESOLUTION.— section 41002(c)(2)(B); and (2) NEW INFORMATION.— (1) COOPERATION.—The lead agency and each (2) agency compliance with the performance (A) IN GENERAL.—The head of a lead agency cooperating and participating agency shall or participating agency shall consider new in- schedules established under section work cooperatively in accordance with this sec- formation received after the close of a comment 41002(c)(1)(C). tion to identify and resolve issues that could period if the information satisfies the require- SEC. 41009. FUNDING FOR GOVERNANCE, OVER- delay completion of an environmental review or SIGHT, AND PROCESSING OF ENVI- ments under regulations implementing NEPA. an authorization required for the project under RONMENTAL REVIEWS AND PER- (B) SEPARATE ACTION.—If Federal law re- applicable law or result in the denial of any ap- MITS. quires the preparation of a supplemental envi- (a) IN GENERAL.—The heads of agencies listed proval under applicable law. ronmental impact statement or other supple- EAD AGENCY RESPONSIBILITIES.— in section 41002(b)(2)(B), with the guidance of (2) L mental environmental document, the prepara- (A) IN GENERAL.—The lead agency shall make the Director of the Office of Management and tion of such document shall be considered a sep- information available to each cooperating and Budget and in consultation with the Executive arate final agency action and the deadline for participating agency and project sponsor as Director, may, after public notice and oppor- filing a claim for judicial review of the agency early as practicable in the environmental review tunity for comment, issue regulations estab- action shall be 2 years after the date on which regarding the environmental, historic, and so- lishing a fee structure for project proponents to a notice announcing the final agency action is cioeconomic resources located within the project reimburse the United States for reasonable costs published in the Federal Register, unless a area and the general locations of the alter- incurred in conducting environmental reviews shorter time is specified in the Federal law natives under consideration. and authorizations for covered projects. under which judicial review is allowed. (b) REASONABLE COSTS.—As used in this sec- (B) SOURCES OF INFORMATION.—The informa- (3) RULE OF CONSTRUCTION.—Nothing in this tion described in subparagraph (A) may be tion, the term ‘‘reasonable costs’’ shall include subsection creates a right to judicial review or costs to implement the requirements and au- based on existing data sources, including geo- places any limit on filing a claim that a person thorities required under sections 41002 and graphic information systems mapping. has violated the terms of an authorization. 41003, including the costs to agencies and the (3) COOPERATING AND PARTICIPATING AGENCY (b) PRELIMINARY INJUNCTIVE RELIEF.—In ad- costs of operating the Council. RESPONSIBILITIES.—Each cooperating and par- dition to considering any other applicable equi- (c) FEE STRUCTURE.—The fee structure estab- ticipating agency shall— table factors, in any action seeking a temporary lished under subsection (a) shall— (A) identify, as early as practicable, any restraining order or preliminary injunction (1) be developed in consultation with affected issues of concern regarding any potential envi- against an agency or a project sponsor in con- project proponents, industries, and other stake- ronmental impacts of the covered project, in- nection with review or authorization of a cov- holders; cluding any issues that could substantially ered project, the court shall— (2) exclude parties for which the fee would im- delay or prevent an agency from completing any (1) consider the potential effects on public pose an undue financial burden or is otherwise environmental review or authorization required health, safety, and the environment, and the determined to be inappropriate; and for the project; and potential for significant negative effects on jobs (3) be established in a manner that ensures (B) communicate any issues described in sub- resulting from an order or injunction; and that the aggregate amount of fees collected for paragraph (A) to the project sponsor. (2) not presume that the harms described in a fiscal year is estimated not to exceed 20 per- (f) CATEGORIES OF PROJECTS.—The authorities paragraph (1) are reparable. cent of the total estimated costs for the fiscal granted under this section may be exercised for (c) JUDICIAL REVIEW.—Except as provided in year for the resources allocated for the conduct an individual covered project or a category of subsection (a), nothing in this title affects the of the environmental reviews and authorizations covered projects. reviewability of any final Federal agency action covered by this title, as determined by the Direc- SEC. 41006. DELEGATED STATE PERMITTING PRO- in a court of competent jurisdiction. tor of the Office of Management and Budget. GRAMS. (d) SAVINGS CLAUSE.—Nothing in this title— (d) ENVIRONMENTAL REVIEW AND PERMITTING (a) IN GENERAL.—If a Federal statute permits (1) supersedes, amends, or modifies any Fed- IMPROVEMENT FUND.— a Federal agency to delegate to or otherwise au- eral statute or affects the responsibility of any (1) IN GENERAL.—All amounts collected pursu- thorize a State to issue or otherwise administer Federal officer to comply with or enforce any ant to this section shall be deposited into a sep- a permit program in lieu of the Federal agency, statute; or arate fund in the Treasury of the United States

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00146 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8795 to be known as the ‘‘Environmental Review Im- (C) the number of vendors described in sub- that is one year after the date of the enactment provement Fund’’ (referred to in this section as paragraph (A) who receive payments under sec- of this Act. the ‘‘Fund’’). tion 6427(l)(4)(C)(ii) of such Code; SEC. 51003. REVIEW OF FRAUD CONTROLS. (2) AVAILABILITY.—Amounts in the Fund shall (D) the excess of— Section 17(b) of the Export-Import Bank Re- be available to the Executive Director, without (i) the amount of payments which would be authorization Act of 2012 (12 U.S.C. 635a–6(b)) is appropriation or fiscal year limitation, solely for made under section 6427(l)(4)(C)(ii) of such Code amended to read as follows: the purposes of administering, implementing, if all vendors of kerosene used in noncommercial ‘‘(b) REVIEW OF FRAUD CONTROLS.—Not later and enforcing this title, including the expenses aviation were registered and filed claims for than 4 years after the date of the enactment of of the Council. such payments, over the Export-Import Bank Reform and Reauthor- (3) TRANSFER.—The Executive Director, with (ii) the amount of payments actually made ization Act of 2015, and every 4 years thereafter, the approval of the Director of the Office of under such section; and the Comptroller General of the United States Management and Budget, may transfer amounts (E) the number of cases of diesel truck opera- shall— in the Fund to other agencies to facilitate timely tors fraudulently using kerosene taxed for use ‘‘(1) review the adequacy of the design and ef- and efficient environmental reviews and author- in aviation. fectiveness of the controls used by the Export- izations for proposed covered projects. TITLE XLIII—PAYMENTS TO CERTIFIED Import Bank of the United States to prevent, de- (e) EFFECT ON PERMITTING.—The regulations STATES AND INDIAN TRIBES tect, and investigate fraudulent applications for adopted pursuant to subsection (a) shall ensure SEC. 43001. PAYMENTS FROM ABANDONED MINE loans and guarantees and the compliance by the that the use of funds accepted under subsection RECLAMATION FUND. Bank with the controls, including by auditing a (d) will not impact impartial decision-making Section 411(h) of the Surface Mining Control sample of Bank transactions; and with respect to environmental reviews or au- and Reclamation Act of 1977 (30 U.S.C. 1240a(h)) ‘‘(2) submit a written report regarding the thorizations, either substantively or proce- is amended— findings of the review and providing such rec- durally. (1) in paragraph (1)(C)— ommendations with respect to the controls de- (f) TRANSFER OF APPROPRIATED FUNDS.— (A) by striking ‘‘Payments’’ and inserting the scribed in paragraph (1) as the Comptroller Gen- (1) IN GENERAL.—The heads of agencies listed following: eral deems appropriate to— in section 41002(b)(2)(B) shall have the author- ‘‘(i) IN GENERAL.—Payments’’; and ‘‘(A) the Committee on Banking, Housing, and ity to transfer, in accordance with section 1535 (B) by adding at the end the following: Urban Affairs and the Committee on Appropria- of title 31, United States Code, funds appro- ‘‘(ii) CERTAIN PAYMENTS REQUIRED.—Not with- tions of the Senate; and priated to those agencies and not otherwise obli- standing any other provision of this Act, as ‘‘(B) the Committee on Financial Services and gated to other affected Federal agencies for the soon as practicable, but not later than December the Committee on Appropriations of the House purpose of implementing the provisions of this 10, 2015, of the 7 equal installments referred to of Representatives.’’. title. in clause (i), the Secretary shall pay to any cer- SEC. 51004. OFFICE OF ETHICS. (2) LIMITATION.—Appropriations under title tified State or Indian tribe to which the total Section 3 of the Export-Import Bank Act of 23, United States Code and appropriations for annual payment under this subsection was lim- 1945 (12 U.S.C. 635a) is amended by adding at the civil works program of the Army Corps of ited to $15,000,000 in 2013 and $28,000,000 in fis- the end the following: Engineers shall not be available for transfer cal year 2014— ‘‘(k) OFFICE OF ETHICS.— under paragraph (1). ‘‘(I) the final 2 installments in 2 separate pay- ‘‘(1) ESTABLISHMENT.—There is established an SEC. 41010. APPLICATION. ments of $82,700,000 each; and Office of Ethics within the Bank, which shall This title applies to any covered project for ‘‘(II) 2 separate payments of $38,250,000 oversee all ethics issues within the Bank. which— each.’’; and ‘‘(2) HEAD OF OFFICE.— (1) a notice is filed under section 41003(a)(1); (2) by striking paragraphs (5) and (6). ‘‘(A) IN GENERAL.—The head of the Office of or DIVISION E—EXPORT-IMPORT BANK OF Ethics shall be the Chief Ethics Officer, who (2) an application or other request for a Fed- THE UNITED STATES shall report to the Board of Directors. eral authorization is pending before a Federal PPOINTMENT SEC. 50001. SHORT TITLE. ‘‘(B) A .—Not later than 180 days agency 90 days after the date of enactment of after the date of the enactment of the Export- This division may be cited as the ‘‘Export-Im- this Act. Import Bank Reform and Reauthorization Act port Bank Reform and Reauthorization Act of SEC. 41011. GAO REPORT. of 2015, the Chief Ethics Officer shall be— 2015’’. Not later than 3 years after the date of enact- ‘‘(i) appointed by the President of the Bank ment of this Act, the Comptroller General of the TITLE LI—TAXPAYER PROTECTION PROVI- from among persons— United States shall submit to Congress a report SIONS AND INCREASED ACCOUNT- ‘‘(I) with a background in law who have expe- that includes an analysis of whether the provi- ABILITY rience in the fields of law and ethics; and sions of this title could be adapted to streamline SEC. 51001. REDUCTION IN AUTHORIZED AMOUNT ‘‘(II) who are not serving in a position requir- the Federal permitting process for smaller OF OUTSTANDING LOANS, GUARAN- ing appointment by the President of the United projects that are not covered projects. TEES, AND INSURANCE. States before being appointed to be Chief Ethics SEC. 41012. SAVINGS PROVISION. Section 6(a) of the Export-Import Bank Act of Officer; and 1945 (12 U.S.C. 635e(a)) is amended— Nothing in this title amends the National En- ‘‘(ii) approved by the Board. (1) by redesignating paragraph (3) as para- vironmental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(C) DESIGNATED AGENCY ETHICS OFFICIAL.— graph (4); and seq.). The Chief Ethics Officer shall serve as the des- (2) by striking paragraph (2) and inserting the ignated agency ethics official for the Bank pur- SEC. 41013. SUNSET. following: suant to the Ethics in Government Act of 1978 (5 This title shall terminate 7 years after the ‘‘(2) APPLICABLE AMOUNT DEFINED.—In this U.S.C. App. 101 et seq.). date of enactment of this Act. subsection, the term ‘applicable amount’, for ‘‘(3) DUTIES.—The Office of Ethics has juris- SEC. 41014. PLACEMENT. each of fiscal years 2015 through 2019, means diction over all employees of, and ethics matters The Office of the Law Revision Counsel is di- $135,000,000,000. relating to, the Bank. With respect to employees rected to place sections 41001 through 41013 of ‘‘(3) FREEZING OF LENDING CAP IF DEFAULT of the Bank, the Office of Ethics shall— this title in chapter 55 of title 42, United States RATE IS 2 PERCENT OR MORE.—If the rate cal- ‘‘(A) recommend administrative actions to es- Code, as subchapter IV. culated under section 8(g)(1) is 2 percent or more tablish or enforce standards of official conduct; TITLE XLII—ADDITIONAL PROVISIONS for a quarter, the Bank may not exceed the ‘‘(B) refer to the Office of the Inspector Gen- amount of loans, guarantees, and insurance SEC. 42001. GAO REPORT ON REFUNDS TO REG- eral of the Bank alleged violations of— ISTERED VENDORS OF KEROSENE outstanding on the last day of that quarter ‘‘(i) the standards of ethical conduct applica- USED IN NONCOMMERCIAL AVIA- until the rate calculated under section 8(g)(1) is ble to employees of the Bank under parts 2635 TION. less than 2 percent.’’. and 6201 of title 5, Code of Federal Regulations; Not later than 180 days after the date of the SEC. 51002. INCREASE IN LOSS RESERVES. ‘‘(ii) the standards of ethical conduct estab- enactment of this Act, the Comptroller General (a) IN GENERAL.—Section 6 of the Export-Im- lished by the Chief Ethics Officer; and of the United States shall— port Bank Act of 1945 (12 U.S.C. 635e) is amend- ‘‘(iii) any other laws, rules, or regulations (1) conduct a study regarding payments made ed— governing the performance of official duties or to vendors of kerosene used in noncommercial (1) by redesignating subsection (b) as sub- the discharge of official responsibilities that are aviation under section 6427(l)(4)(C)(ii) of the In- section (c); and applicable to employees of the Bank; ternal Revenue Code of 1986; and (2) by inserting after subsection (a) the fol- ‘‘(C) report to appropriate Federal or State (2) submit to the appropriate committees of lowing: authorities substantial evidence of a violation of Congress a report describing the results of such ‘‘(b) RESERVE REQUIREMENT.—The Bank shall any law applicable to the performance of offi- study, which shall include estimates of— build to and hold in reserve, to protect against cial duties that may have been disclosed to the (A) the number of vendors of kerosene used in future losses, an amount that is not less than 5 Office of Ethics; and noncommercial aviation who are registered percent of the aggregate amount of disbursed ‘‘(D) render advisory opinions regarding the under section 4101 of such Code; and outstanding loans, guarantees, and insur- propriety of any current or proposed conduct of (B) the number of vendors of kerosene used in ance of the Bank.’’. an employee or contractor of the Bank, and noncommercial aviation who are not so reg- (b) EFFECTIVE DATE.—The amendment made issue general guidance on such matters as nec- istered; by subsection (a) shall take effect on the date essary.’’.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00147 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8796 CONGRESSIONAL RECORD — HOUSE December 1, 2015 SEC. 51005. CHIEF RISK OFFICER. ment of this Act, the Board of Directors of the report of the Export-Import Bank of the United Section 3 of the Export-Import Bank Act of Export-Import Bank of the United States shall States submitted to Congress under section 8 of 1945 (12 U.S.C. 635a), as amended by section revise the bylaws of the Bank to terminate the the Export-Import Bank Act of 1945 (12 U.S.C. 91004, is further amended by adding at the end Audit Committee established by section 7 of the 635g) for the first year that begins after the date the following: bylaws. of the enactment of this Act. ‘‘(l) CHIEF RISK OFFICER.— SEC. 51007. INDEPENDENT AUDIT OF BANK PORT- TITLE LIII—MODERNIZATION OF ‘‘(1) IN GENERAL.—There shall be a Chief Risk FOLIO. OPERATIONS Officer of the Bank, who shall— (a) AUDIT.—The Inspector General of the Ex- SEC. 53001. ELECTRONIC PAYMENTS AND DOCU- ‘‘(A) oversee all issues relating to risk within port-Import Bank of the United States shall MENTS. the Bank; and conduct an audit or evaluation of the portfolio Section 2(b)(1) of the Export-Import Bank Act ‘‘(B) report to the President of the Bank. risk management procedures of the Bank, in- of 1945 (12 U.S.C. 635(b)(1)) is amended by add- ‘‘(2) APPOINTMENT.—Not later than 180 days cluding a review of the implementation by the ing at the end the following: after the date of the enactment of the Export- Bank of the duties assigned to the Chief Risk ‘‘(M) Not later than 2 years after the date of Import Bank Reform and Reauthorization Act Officer under section 3(l) of the Export-Import the enactment of the Export-Import Bank Re- of 2015, the Chief Risk Officer shall be— Bank Act of 1945, as amended by section 51005. form and Reauthorization Act of 2015, the Bank ‘‘(A) appointed by the President of the Bank (b) REPORT.—Not later than 1 year after the shall implement policies— from among persons— date of the enactment of this Act, and not less ‘‘(i) to accept electronic documents with re- ‘‘(i) with a demonstrated ability in the general frequently than every 3 years thereafter, the In- spect to transactions whenever possible, includ- management of, and knowledge of and extensive spector General shall submit to the Committee ing copies of bills of lading, certifications, and practical experience in, financial risk evalua- on Banking, Housing, and Urban Affairs of the compliance documents, in such manner so as not tion practices in large governmental or business Senate and the Committee on Financial Services to undermine any potential civil or criminal en- entities; and of the House of Representatives a written report forcement related to the transactions; and containing all findings and determinations ‘‘(ii) who are not serving in a position requir- ‘‘(ii) to accept electronic payments in all of its made in carrying out subsection (a). ing appointment by the President of the United programs.’’. States before being appointed to be Chief Risk SEC. 51008. PILOT PROGRAM FOR REINSURANCE. Officer; and SEC. 53002. REAUTHORIZATION OF INFORMATION (a) IN GENERAL.—Notwithstanding any provi- TECHNOLOGY UPDATING. ‘‘(B) approved by the Board. sion of the Export-Import Bank Act of 1945 (12 Section 3(j) of the Export-Import Act of 1945 ‘‘(3) DUTIES.—The duties of the Chief Risk Of- U.S.C. 635 et seq.), the Export-Import Bank of (12 U.S.C. 635a(j)) is amended— ficer are— the United States (in this section referred to as (1) in paragraph (1), in the matter preceding ‘‘(A) to be responsible for all matters related to the ‘‘Bank’’) may establish a pilot program subparagraph (A), by striking ‘‘2012, 2013, and managing and mitigating all risk to which the under which the Bank may enter into contracts 2014’’ and inserting ‘‘2015 through 2019’’; Bank is exposed, including the programs and and other arrangements to share risks associ- (2) in paragraph (2)(B), by striking ‘‘(I) the operations of the Bank; ated with the provision of guarantees, insur- funds’’ and inserting ‘‘(i) the funds’’; and ‘‘(B) to establish policies and processes for ance, or credit, or the participation in the exten- (3) in paragraph (3), by striking ‘‘2012, 2013, risk oversight, the monitoring of management sion of credit, by the Bank under that Act. and 2014’’ and inserting ‘‘2015 through 2019’’. compliance with risk limits, and the manage- (b) LIMITATIONS ON AMOUNT OF RISK-SHAR- ment of risk exposures and risk controls across ING.— TITLE LIV—GENERAL PROVISIONS the Bank; (1) PER CONTRACT OR OTHER ARRANGEMENT.— SEC. 54001. EXTENSION OF AUTHORITY. ‘‘(C) to be responsible for the planning and The aggregate amount of liability the Bank may (a) IN GENERAL.—Section 7 of the Export-Im- execution of all Bank risk management activi- transfer through risk-sharing pursuant to a port Bank Act of 1945 (12 U.S.C. 635f) is amend- ties, including policies, reporting, and systems contract or other arrangement entered into ed by striking ‘‘2014’’ and inserting ‘‘2019’’. to achieve strategic risk objectives; under subsection (a) may not exceed (b) DUAL-USE EXPORTS.—Section 1(c) of Pub- ‘‘(D) to develop an integrated risk manage- $1,000,000,000. lic Law 103–428 (12 U.S.C. 635 note) is amended ment program that includes identifying, (2) PER YEAR.—The aggregate amount of li- by striking ‘‘September 30, 2014’’ and inserting prioritizing, measuring, monitoring, and man- ability the Bank may transfer through risk- ‘‘the date on which the authority of the Export- aging internal control and operating risks and sharing during a fiscal year pursuant to con- Import Bank of the United States expires under other identified risks; tracts or other arrangements entered into under section 7 of the Export-Import Bank Act of 1945 ‘‘(E) to ensure that the process for risk assess- subsection (a) during that fiscal year may not (12 U.S.C. 635f)’’. ment and underwriting for individual trans- exceed $10,000,000,000. (c) SUB-SAHARAN AFRICA ADVISORY COM- actions considers how each such transaction (c) ANNUAL REPORTS.—Not later than 1 year MITTEE.—Section 2(b)(9)(B)(iii) of the Export- considers the effect of the transaction on the after the date of the enactment of this Act, and Import Bank Act of 1945 (12 U.S.C. concentration of exposure in the overall port- annually thereafter through 2019, the Bank 635(b)(9)(B)(iii)) is amended by striking ‘‘Sep- folio of the Bank, taking into account fees, shall submit to Congress a written report that tember 30, 2014’’ and inserting ‘‘the date on collateralization, and historic default rates; and contains a detailed analysis of the use of the which the authority of the Bank expires under ‘‘(F) to review the adequacy of the use by the pilot program carried out under subsection (a) section 7’’. Bank of qualitative metrics to assess the risk of during the year preceding the submission of the (d) EFFECTIVE DATE.—The amendments made default under various scenarios.’’. report. by this section shall take effect on the earlier of SEC. 51006. RISK MANAGEMENT COMMITTEE. (d) RULE OF CONSTRUCTION.—Nothing in this the date of the enactment of this Act or June 30, (a) IN GENERAL.—Section 3 of the Export-Im- section shall be construed to affect, impede, or 2015. port Bank Act of 1945 (12 U.S.C. 635a), as revoke any authority of the Bank. SEC. 54002. CERTAIN UPDATED LOAN TERMS AND amended by sections 91004 and 91005, is further (e) TERMINATION.—The pilot program carried AMOUNTS. amended by adding at the end the following: out under subsection (a) shall terminate on Sep- (a) LOAN TERMS FOR MEDIUM-TERM FINANC- ‘‘(m) RISK MANAGEMENT COMMITTEE.— tember 30, 2019. ING.—Section 2(a)(2)(A) of the Export-Import ‘‘(1) ESTABLISHMENT.—There is established a TITLE LII—PROMOTION OF SMALL Bank Act of 1945 (12 U.S.C. 635(a)(2)(A)) is management committee to be known as the ‘Risk BUSINESS EXPORTS amended— Management Committee’. SEC. 52001. INCREASE IN SMALL BUSINESS LEND- (1) in clause (i), by striking ‘‘; and’’ and in- ‘‘(2) MEMBERSHIP.—The membership of the ING REQUIREMENTS. serting a semicolon; and Risk Management Committee shall be the mem- (a) IN GENERAL.—Section 2(b)(1)(E)(v) of the (2) by adding at the end the following: bers of the Board of Directors, with the Presi- Export-Import Bank Act of 1945 (12 U.S.C. ‘‘(iii) with principal amounts of not more than dent and First Vice President of the Bank serv- 635(b)(1)(E)(v)) is amended by striking ‘‘20 per- $25,000,000; and’’. ing as ex officio members. cent’’ and inserting ‘‘25 percent’’. (b) COMPETITIVE OPPORTUNITIES RELATING TO ‘‘(3) DUTIES.—The duties of the Risk Manage- (b) EFFECTIVE DATE.—The amendment made INSURANCE.—Section 2(d)(2) of the Export-Im- ment Committee shall be— by subsection (a) shall apply with respect to fis- port Bank Act of 1945 (12 U.S.C. 635(d)(2)) is ‘‘(A) to oversee, in conjunction with the Office cal year 2016 and each fiscal year thereafter. amended by striking ‘‘$10,000,000’’ and inserting of the Chief Financial Officer of the Bank— SEC. 52002. REPORT ON PROGRAMS FOR SMALL- ‘‘$25,000,000’’. ‘‘(i) periodic stress testing on the entire Bank AND MEDIUM-SIZED BUSINESSES. (c) EXPORT AMOUNTS FOR SMALL BUSINESS portfolio, reflecting different market, industry, (a) IN GENERAL.—Section 8 of the Export-Im- LOANS.—Section 3(g)(3) of the Export-Import and macroeconomic scenarios, and consistent port Bank Act of 1945 (12 U.S.C. 635g) is amend- Bank Act of 1945 (12 U.S.C. 635a(g)(3)) is with common practices of commercial and multi- ed by adding at the end the following: amended by striking ‘‘$10,000,000’’ and inserting lateral development banks; and ‘‘(k) REPORT ON PROGRAMS FOR SMALL- AND ‘‘$25,000,000’’. ‘‘(ii) the monitoring of industry, geographic, MEDIUM-SIZED BUSINESSES.—The Bank shall in- (d) CONSIDERATION OF ENVIRONMENTAL EF- and obligor exposure levels; and clude in its annual report to Congress under FECTS.—Section 11(a)(1)(A) of the Export-Import ‘‘(B) to review all required reports on the de- subsection (a) a report on the programs of the Bank Act of 1945 (12 U.S.C. 635i–5(a)(1)(A)) is fault rate of the Bank before submission to Con- Bank for United States businesses with less amended by striking ‘‘$10,000,000 or more’’ and gress under section 8(g).’’. than $250,000,000 in annual sales.’’. inserting the following: ‘‘$25,000,000 (or, if less (b) TERMINATION OF AUDIT COMMITTEE.—Not (b) EFFECTIVE DATE.—The amendment made than $25,000,000, the threshold established pur- later than 180 days after the date of the enact- by subsection (a) shall apply with respect to the suant to international agreements, including the

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Common Approaches for Officially Supported Services of the House of Representatives a report (b) AUTHORIZATION FOR ACTIVITIES TO EN- Export Credits and Environmental and Social on the progress of any negotiations described in HANCE EMERGENCY PREPAREDNESS FOR NATURAL Due Diligence, as adopted by the Organisation subsection (d).’’. DISASTERS.—The Secretary of Energy shall de- for Economic Co-operation and Development (b) EFFECTIVE DATE.—The amendments made velop and adopt procedures to— Council on June 28, 2012, and the risk-manage- by paragraphs (1) and (2) of subsection (a) shall (1) improve communication and coordination ment framework adopted by financial institu- apply with respect to reports required to be sub- between the Department of Energy’s energy re- tions for determining, assessing, and managing mitted under section 11(b) of the Export-Import sponse team, Federal partners, and industry; environmental and social risk in projects (com- Bank Reauthorization Act of 2012 (12 U.S.C. (2) leverage the Energy Information Adminis- monly referred to as the ‘Equator Principles’)) 635a–5(b)) after the date of the enactment of this tration’s subject matter expertise within the De- or more’’. Act. partment’s energy response team to improve sup- (e) EFFECTIVE DATE.—The amendments made SEC. 55003. STUDY OF FINANCING FOR INFORMA- ply chain situation assessments; by this section shall apply with respect to fiscal TION AND COMMUNICATIONS TECH- (3) establish company liaisons and direct com- year 2016 and each fiscal year thereafter. NOLOGY SYSTEMS. munication with the Department’s energy re- (a) ANALYSIS OF INFORMATION AND COMMU- TITLE LV—OTHER MATTERS sponse team to improve situation assessments; NICATIONS TECHNOLOGY INDUSTRY USE OF BANK (4) streamline and enhance processes for ob- SEC. 55001. PROHIBITION ON DISCRIMINATION PRODUCTS.—The Export-Import Bank of the taining temporary regulatory relief to speed up BASED ON INDUSTRY. United States (in this section referred to as the emergency response and recovery; Section 2 of the Export-Import Bank Act of ‘‘Bank’’) shall conduct a study of the extent to (5) facilitate and increase engagement among 1945 (6 U.S.C. 635 et seq.) is amended by adding which the products offered by the Bank are States, the oil and natural gas industry, and the at the end the following: available and used by companies that export in- Department in developing State and local en- ‘‘(k) PROHIBITION ON DISCRIMINATION BASED formation and communications technology serv- ergy assurance plans; ON INDUSTRY.— ices and related goods. (6) establish routine education and training ‘‘(1) IN GENERAL.—Except as provided in this (b) ELEMENTS.—In conducting the study re- programs for key government emergency re- Act, the Bank may not— quired by subsection (a), the Bank shall exam- sponse positions with the Department and ‘‘(A) deny an application for financing based ine the following: States; and solely on the industry, sector, or business that (1) The number of jobs in the United States (7) involve States and the oil and natural gas the application concerns; or that are supported by the export of information industry in comprehensive drill and exercise ‘‘(B) promulgate or implement policies that and communications technology services and re- programs. discriminate against an application based solely lated goods, and the degree to which access to (c) COOPERATION.—The activities carried out on the industry, sector, or business that the ap- financing will increase exports of such services under subsection (b) shall include collaborative plication concerns. and related goods. efforts with State and local government officials ‘‘(2) APPLICABILITY.—The prohibitions under (2) The reduction in the financing by the and the private sector. paragraph (1) apply only to applications for fi- Bank of exports of information and communica- (d) REPORT.—Not later than 180 days after the nancing by the Bank for projects concerning the tions technology services from 2003 through date of enactment of this Act, the Secretary of exploration, development, production, or export 2014. Energy shall submit to Congress a report de- of energy sources and the generation or trans- (3) The activities of foreign export credit agen- scribing the effectiveness of the activities au- mission of electrical power, or combined heat cies to facilitate the export of information and thorized under this section. and power, regardless of the energy source in- communications technology services and related SEC. 61002. RESOLVING ENVIRONMENTAL AND volved.’’. goods. GRID RELIABILITY CONFLICTS. SEC. 55002. NEGOTIATIONS TO END EXPORT (4) Specific proposals for how the Bank could (a) COMPLIANCE WITH OR VIOLATION OF ENVI- CREDIT FINANCING. provide additional financing for the exportation RONMENTAL LAWS WHILE UNDER EMERGENCY (a) IN GENERAL.—Section 11 of the Export-Im- of information and communications technology ORDER.—Section 202(c) of the Federal Power port Bank Reauthorization Act of 2012 (12 services and related goods through risk-sharing Act (16 U.S.C. 824a(c)) is amended— U.S.C. 635a–5) is amended— with other export credit agencies and other (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and (1) in subsection (a)— third parties. (2) by adding at the end the following: (A) in the matter preceding paragraph (1), by (5) Proposals for new products the Bank could ‘‘(2) With respect to an order issued under this striking ‘‘Secretary of the Treasury (in this sec- offer to provide financing for exports of infor- subsection that may result in a conflict with a tion referred to as the ‘Secretary’)’’ and insert- mation and communications technology services requirement of any Federal, State, or local envi- ing ‘‘President’’; and and related goods, including— ronmental law or regulation, the Commission (B) in paragraph (1)— (A) the extent to which the Bank is author- shall ensure that such order requires genera- (i) by striking ‘‘(OECD)’’ and inserting ‘‘(in ized to offer new products; tion, delivery, interchange, or transmission of this section referred to as the ‘OECD’)’’; and (B) the extent to which the Bank would need electric energy only during hours necessary to (ii) by striking ‘‘ultimate goal of eliminating’’ additional authority to offer new products to meet the emergency and serve the public inter- and inserting ‘‘possible goal of eliminating, be- meet the needs of the information and commu- est, and, to the maximum extent practicable, is fore the date that is 10 years after the date of nications technology industry; consistent with any applicable Federal, State, or the enactment of the Export-Import Bank Re- (C) specific proposals for changes in law that local environmental law or regulation and mini- form and Reauthorization Act of 2015,’’; would enable the Bank to provide increased fi- mizes any adverse environmental impacts. (2) in subsection (b), by striking ‘‘Secretary’’ nancing for exports of information and commu- ‘‘(3) To the extent any omission or action each place it appears and inserting ‘‘President’’; nications technology services and related goods taken by a party, that is necessary to comply and in compliance with the credit and risk standards with an order issued under this subsection, in- (3) by adding at the end the following: of the Bank; cluding any omission or action taken to volun- ‘‘(c) REPORT ON STRATEGY.—Not later than (D) specific proposals that would enable the tarily comply with such order, results in non- 180 days after the date of the enactment of the Bank to provide increased outreach to the infor- compliance with, or causes such party to not Export-Import Bank Reform and Reauthoriza- mation and communications technology indus- comply with, any Federal, State, or local envi- tion Act of 2015, the President shall submit to try about the products the Bank offers; and ronmental law or regulation, such omission or Congress a proposal, and a strategy for achiev- (E) specific proposals for changes in law that action shall not be considered a violation of ing the proposal, that the United States Govern- would enable the Bank to provide the financing such environmental law or regulation, or subject ment will pursue with other major exporting to build information and communications tech- such party to any requirement, civil or criminal countries, including OECD members and non- nology infrastructure, in compliance with the liability, or a citizen suit under such environ- OECD members, to eliminate over a period of credit and risk standards of the Bank, to allow mental law or regulation. not more than 10 years subsidized export-financ- for market access opportunities for United ‘‘(4)(A) An order issued under this subsection ing programs, tied aid, export credits, and all States information and communications tech- that may result in a conflict with a requirement other forms of government-supported export sub- nology companies to provide services on the in- of any Federal, State, or local environmental sidies. frastructure being financed by the Bank. law or regulation shall expire not later than 90 ‘‘(d) NEGOTIATIONS WITH NON-OECD MEM- (c) REPORT.—Not later than 180 days after the days after it is issued. The Commission may BERS.—The President shall initiate and pursue date of the enactment of this Act, the Bank renew or reissue such order pursuant to para- negotiations with countries that are not OECD shall submit to Congress a report that contains graphs (1) and (2) for subsequent periods, not to members to bring those countries into a multilat- the results of the study required by subsection exceed 90 days for each period, as the Commis- eral agreement establishing rules and limitations (a). sion determines necessary to meet the emergency on officially supported export credits. DIVISION F—ENERGY SECURITY and serve the public interest. ‘‘(e) ANNUAL REPORTS ON PROGRESS OF NEGO- SEC. 61001. EMERGENCY PREPAREDNESS FOR EN- ‘‘(B) In renewing or reissuing an order under TIATIONS.—Not later than 180 days after the ERGY SUPPLY DISRUPTIONS. subparagraph (A), the Commission shall consult date of the enactment of the Export-Import (a) FINDING.—Congress finds that recent nat- with the primary Federal agency with expertise Bank Reform and Reauthorization Act of 2015, ural disasters have underscored the importance in the environmental interest protected by such and annually thereafter through calendar year of having resilient oil and natural gas infra- law or regulation, and shall include in any such 2019, the President shall submit to the Com- structure and effective ways for industry and renewed or reissued order such conditions as mittee on Banking, Housing, and Urban Affairs government to communicate to address energy such Federal agency determines necessary to of the Senate and the Committee on Financial supply disruptions. minimize any adverse environmental impacts to

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The Commission may ex- ware, and data, that are essential to the reli- owners, operators, or users, the Commission clude such a condition from the renewed or re- ability of critical electric infrastructure or of de- shall, consistent with the requirements of sec- issued order if it determines that such condition fense critical electric infrastructure; and tion 205, after notice and an opportunity for would prevent the order from adequately ad- ‘‘(ii) disruption of the operation of such de- comment, establish a mechanism that permits dressing the emergency necessitating such order vices or networks, with significant adverse ef- such owners, operators, or users to recover such and provides in the order, or otherwise makes fects on the reliability of critical electric infra- costs. publicly available, an explanation of such deter- structure or of defense critical electric infra- ‘‘(B) DEFENSE CRITICAL ELECTRIC INFRASTRUC- mination. structure, as a result of such act or event; or TURE.—To the extent the owner or operator of ‘‘(5) If an order issued under this subsection is ‘‘(B)(i) a direct physical attack on critical defense critical electric infrastructure is re- subsequently stayed, modified, or set aside by a electric infrastructure or on defense critical elec- quired to take emergency measures pursuant to court pursuant to section 313 or any other provi- tric infrastructure; and an order issued under this subsection, the own- sion of law, any omission or action previously ‘‘(ii) significant adverse effects on the reli- ers or operators of a critical defense facility or taken by a party that was necessary to comply ability of critical electric infrastructure or of de- facilities designated by the Secretary pursuant with the order while the order was in effect, in- fense critical electric infrastructure as a result to subsection (c) that rely upon such infrastruc- cluding any omission or action taken to volun- of such physical attack. ture shall bear the full incremental costs of the tarily comply with the order, shall remain sub- ‘‘(8) SECRETARY.—The term ‘Secretary’ means measures. ject to paragraph (3).’’. the Secretary of Energy. ‘‘(7) TEMPORARY ACCESS TO CLASSIFIED INFOR- (b) TEMPORARY CONNECTION OR CONSTRUC- ‘‘(b) AUTHORITY TO ADDRESS GRID SECURITY MATION.—The Secretary, and other appropriate TION BY MUNICIPALITIES.—Section 202(d) of the EMERGENCY.— Federal agencies, shall, to the extent practicable Federal Power Act (16 U.S.C. 824a(d)) is amend- ‘‘(1) AUTHORITY.—Whenever the President and consistent with their obligations to protect ed by inserting ‘‘or municipality’’ before ‘‘en- issues and provides to the Secretary a written classified information, provide temporary access gaged in the transmission or sale of electric en- directive or determination identifying a grid se- to classified information related to a grid secu- ergy’’. curity emergency, the Secretary may, with or rity emergency for which emergency measures without notice, hearing, or report, issue such or- SEC. 61003. CRITICAL ELECTRIC INFRASTRUC- are issued under paragraph (1) to key personnel TURE SECURITY. ders for emergency measures as are necessary in of any entity subject to such emergency meas- the judgment of the Secretary to protect or re- (a) CRITICAL ELECTRIC INFRASTRUCTURE SECU- ures to enable optimum communication between store the reliability of critical electric infrastruc- RITY.—Part II of the Federal Power Act (16 the entity and the Secretary and other appro- U.S.C. 824 et seq.) is amended by adding after ture or of defense critical electric infrastructure priate Federal agencies regarding the grid secu- section 215 the following new section: during such emergency. As soon as practicable rity emergency. but not later than 180 days after the date of en- ‘‘(c) DESIGNATION OF CRITICAL DEFENSE FA- ‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUC- actment of this section, the Secretary shall, TURE SECURITY. CILITIES.—Not later than 180 days after the date after notice and opportunity for comment, estab- of enactment of this section, the Secretary, in ‘‘(a) DEFINITIONS.—For purposes of this sec- lish rules of procedure that ensure that such au- tion: consultation with other appropriate Federal thority can be exercised expeditiously. agencies and appropriate owners, users, or oper- ‘‘(1) BULK-POWER SYSTEM; ELECTRIC RELI- ‘‘(2) NOTIFICATION OF CONGRESS.—Whenever ators of infrastructure that may be defense crit- ABILITY ORGANIZATION; REGIONAL ENTITY.—The the President issues and provides to the Sec- terms ‘bulk-power system’, ‘Electric Reliability ical electric infrastructure, shall identify and retary a written directive or determination designate facilities located in the 48 contiguous Organization’, and ‘regional entity’ have the under paragraph (1), the President shall meanings given such terms in paragraphs (1), States and the District of Columbia that are— promptly notify congressional committees of rel- ‘‘(1) critical to the defense of the United (2), and (7) of section 215(a), respectively. evant jurisdiction, including the Committee on States; and ‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.— Energy and Commerce of the House of Rep- ‘‘(2) vulnerable to a disruption of the supply The term ‘critical electric infrastructure’ means resentatives and the Committee on Energy and of electric energy provided to such facility by an a system or asset of the bulk-power system, Natural Resources of the Senate, of the contents external provider. whether physical or virtual, the incapacity or of, and justification for, such directive or deter- The Secretary may, in consultation with appro- destruction of which would negatively affect mination. priate Federal agencies and appropriate owners, national security, economic security, public ‘‘(3) CONSULTATION.—Before issuing an order users, or operators of defense critical electric in- health or safety, or any combination of such for emergency measures under paragraph (1), frastructure, periodically revise the list of des- matters. the Secretary shall, to the extent practicable in ignated facilities as necessary. ‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE IN- light of the nature of the grid security emer- ‘‘(d) PROTECTION AND SHARING OF CRITICAL FORMATION.—The term ‘critical electric infra- gency and the urgency of the need for action, ELECTRIC INFRASTRUCTURE INFORMATION.— structure information’ means information re- consult with appropriate governmental authori- ‘‘(1) PROTECTION OF CRITICAL ELECTRIC INFRA- lated to critical electric infrastructure, or pro- ties in Canada and Mexico, entities described in STRUCTURE INFORMATION.—Critical electric in- posed critical electrical infrastructure, gen- paragraph (4), the Electricity Sub-sector Coordi- frastructure information— erated by or provided to the Commission or other nating Council, the Commission, and other ap- ‘‘(A) shall be exempt from disclosure under Federal agency, other than classified national propriate Federal agencies regarding implemen- section 552(b)(3) of title 5, United States Code; security information, that is designated as crit- tation of such emergency measures. and ical electric infrastructure information by the ‘‘(4) APPLICATION.—An order for emergency ‘‘(B) shall not be made available by any Fed- Commission or the Secretary pursuant to sub- measures under this subsection may apply to— eral, State, political subdivision or tribal au- section (d). Such term includes information that ‘‘(A) the Electric Reliability Organization; thority pursuant to any Federal, State, political qualifies as critical energy infrastructure infor- ‘‘(B) a regional entity; or subdivision or tribal law requiring public disclo- mation under the Commission’s regulations. ‘‘(C) any owner, user, or operator of critical sure of information or records. ‘‘(4) DEFENSE CRITICAL ELECTRIC INFRASTRUC- electric infrastructure or of defense critical elec- ‘‘(2) DESIGNATION AND SHARING OF CRITICAL TURE.—The term ‘defense critical electric infra- tric infrastructure within the United States. ELECTRIC INFRASTRUCTURE INFORMATION.—Not structure’ means any electric infrastructure lo- ‘‘(5) EXPIRATION AND REISSUANCE.— later than one year after the date of enactment cated in any of the 48 contiguous States or the ‘‘(A) IN GENERAL.—Except as provided in sub- of this section, the Commission, after consulta- District of Columbia that serves a facility des- paragraph (B), an order for emergency measures tion with the Secretary, shall promulgate such ignated by the Secretary pursuant to subsection issued under paragraph (1) shall expire no later regulations as necessary to— (c), but is not owned or operated by the owner than 15 days after its issuance. ‘‘(A) establish criteria and procedures to des- or operator of such facility. ‘‘(B) EXTENSIONS.—The Secretary may reissue ignate information as critical electric infrastruc- ‘‘(5) ELECTROMAGNETIC PULSE.—The term an order for emergency measures issued under ture information; ‘electromagnetic pulse’ means 1 or more pulses paragraph (1) for subsequent periods, not to ex- ‘‘(B) prohibit the unauthorized disclosure of of electromagnetic energy emitted by a device ceed 15 days for each such period, provided that critical electric infrastructure information; capable of disabling or disrupting operation of, the President, for each such period, issues and ‘‘(C) ensure there are appropriate sanctions in or destroying, electronic devices or communica- provides to the Secretary a written directive or place for Commissioners, officers, employees, or tions networks, including hardware, software, determination that the grid security emergency agents of the Commission or the Department of and data, by means of such a pulse. identified under paragraph (1) continues to exist Energy who knowingly and willfully disclose ‘‘(6) GEOMAGNETIC STORM.—The term ‘geo- or that the emergency measure continues to be critical electric infrastructure information in a magnetic storm’ means a temporary disturbance required. manner that is not authorized under this sec- of the Earth’s magnetic field resulting from ‘‘(6) COST RECOVERY.— tion; and solar activity. ‘‘(A) CRITICAL ELECTRIC INFRASTRUCTURE.—If ‘‘(D) taking into account standards of the ‘‘(7) GRID SECURITY EMERGENCY.—The term the Commission determines that owners, opera- Electric Reliability Organization, facilitate vol- ‘grid security emergency’ means the occurrence tors, or users of critical electric infrastructure untary sharing of critical electric infrastructure or imminent danger of— have incurred substantial costs to comply with information with, between, and by— ‘‘(A)(i) a malicious act using electronic com- an order for emergency measures issued under ‘‘(i) Federal, State, political subdivision, and munication or an electromagnetic pulse, or a this subsection and that such costs were pru- tribal authorities; geomagnetic storm event, that could disrupt the dently incurred and cannot reasonably be recov- ‘‘(ii) the Electric Reliability Organization;

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‘‘(iii) regional entities; ‘‘(e) SECURITY CLEARANCES.—The Secretary (I) critical electric infrastructure owners and ‘‘(iv) information sharing and analysis centers shall facilitate and, to the extent practicable, operators; and established pursuant to Presidential Decision expedite the acquisition of adequate security (II) as appropriate— Directive 63; clearances by key personnel of any entity sub- (aa) independent regulatory agencies; and ‘‘(v) owners, operators, and users of critical ject to the requirements of this section, to enable (bb) State, local, tribal, and territorial enti- electric infrastructure in the United States; and optimum communication with Federal agencies ties; ‘‘(vi) other entities determined appropriate by regarding threats to the security of the critical (cc) serving as a day-to-day Federal interface the Commission. electric infrastructure. The Secretary, the Com- for the dynamic prioritization and coordination ‘‘(3) AUTHORITY TO DESIGNATE.—Information mission, and other appropriate Federal agencies of sector-specific activities; may be designated by the Commission or the shall, to the extent practicable and consistent (dd) carrying out incident management re- Secretary as critical electric infrastructure in- with their obligations to protect classified and sponsibilities consistent with applicable law (in- formation pursuant to the criteria and proce- critical electric infrastructure information, cluding regulations) and other appropriate poli- dures established by the Commission under share timely actionable information regarding cies or directives; paragraph (2)(A). grid security with appropriate key personnel of (ee) providing, supporting, or facilitating ‘‘(4) CONSIDERATIONS.—In exercising their re- spective authorities under this subsection, the owners, operators, and users of the critical elec- technical assistance and consultations for the Commission and the Secretary shall take into tric infrastructure. energy sector to identify vulnerabilities and help consideration the role of State commissions in ‘‘(f) CLARIFICATIONS OF LIABILITY.— mitigate incidents, as appropriate; and ‘‘(1) COMPLIANCE WITH OR VIOLATION OF THIS reviewing the prudence and cost of investments, (ff) supporting the reporting requirements of determining the rates and terms of conditions ACT.—Except as provided in paragraph (4), to the Department of Homeland Security under ap- for electric services, and ensuring the safety and the extent any action or omission taken by an plicable law by providing, on an annual basis, reliability of the bulk-power system and dis- entity that is necessary to comply with an order sector-specific critical electric infrastructure in- tribution facilities within their respective juris- for emergency measures issued under subsection formation. dictions. (b)(1), including any action or omission taken to SEC. 61004. STRATEGIC TRANSFORMER RESERVE. ‘‘(5) PROTOCOLS.—The Commission and the voluntarily comply with such order, results in (a) FINDING.—Congress finds that the storage Secretary shall, in consultation with Canadian noncompliance with, or causes such entity not of strategically located spare large power trans- and Mexican authorities, develop protocols for to comply with any rule, order, regulation, or formers and emergency mobile substations will the voluntary sharing of critical electric infra- provision of this Act, including any reliability reduce the vulnerability of the United States to structure information with Canadian and Mexi- standard approved by the Commission pursuant multiple risks facing electric grid reliability, in- can authorities and owners, operators, and to section 215, such action or omission shall not cluding physical attack, cyber attack, electro- users of the bulk-power system outside the be considered a violation of such rule, order, magnetic pulse, geomagnetic disturbances, se- United States. regulation, or provision. vere weather, and seismic events. ‘‘(2) RELATION TO SECTION 202(c).—Except as ‘‘(6) NO REQUIRED SHARING OF INFORMATION.— (b) DEFINITIONS.—In this section: provided in paragraph (4), an action or omission Nothing in this section shall require a person or (1) BULK-POWER SYSTEM.—The term ‘‘bulk- entity in possession of critical electric infra- taken by an owner, operator, or user of critical power system’’ has the meaning given such term structure information to share such information electric infrastructure or of defense critical elec- in section 215(a) of the Federal Power Act (16 with Federal, State, political subdivision, or tric infrastructure to comply with an order for U.S.C. 824o(a)). emergency measures issued under subsection tribal authorities, or any other person or entity. (2) CRITICALLY DAMAGED LARGE POWER TRANS- ‘‘(7) SUBMISSION OF INFORMATION TO CON- (b)(1) shall be treated as an action or omission FORMER.—The term ‘‘critically damaged large GRESS.—Nothing in this section shall permit or taken to comply with an order issued under sec- power transformer’’ means a large power trans- authorize the withholding of information from tion 202(c) for purposes of such section. former that— Congress, any committee or subcommittee there- ‘‘(3) SHARING OR RECEIPT OF INFORMATION.— (A) has sustained extensive damage such of, or the Comptroller General. No cause of action shall lie or be maintained in that— ‘‘(8) DISCLOSURE OF NONPROTECTED INFORMA- any Federal or State court for the sharing or re- (i) repair or refurbishment is not economically TION.—In implementing this section, the Com- ceipt of information under, and that is con- viable; or mission and the Secretary shall segregate crit- ducted in accordance with, subsection (d). (ii) the extensive time to repair or refurbish ical electric infrastructure information or infor- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this the large power transformer would create an ex- mation that reasonably could be expected to subsection shall be construed to require dis- tended period of instability in the bulk-power lead to the disclosure of the critical electric in- missal of a cause of action against an entity system; and frastructure information within documents and that, in the course of complying with an order (B) prior to sustaining such damage, was part electronic communications, wherever feasible, to for emergency measures issued under subsection of the bulk-power system. facilitate disclosure of information that is not (b)(1) by taking an action or omission for which (3) CRITICAL ELECTRIC INFRASTRUCTURE.—The designated as critical electric infrastructure in- they would be liable but for paragraph (1) or (2 term ‘‘critical electric infrastructure’’ has the formation. ), takes such action or omission in a grossly neg- meaning given that term in section 215A of the ‘‘(9) DURATION OF DESIGNATION.—Information ligent manner.’’. Federal Power Act. may not be designated as critical electric infra- (b) CONFORMING AMENDMENTS.— (4) ELECTRIC RELIABILITY ORGANIZATION.—The structure information for longer than 5 years, (1) JURISDICTION.—Section 201(b)(2) of the unless specifically re-designated by the Commis- Federal Power Act (16 U.S.C. 824(b)(2)) is term ‘‘Electric Reliability Organization’’ has the sion or the Secretary, as appropriate. amended by inserting ‘‘215A,’’ after ‘‘215,’’ each meaning given such term in section 215(a) of the ‘‘(10) REMOVAL OF DESIGNATION.—The Com- place it appears. Federal Power Act (16 U.S.C. 824o(a)). mission or the Secretary, as appropriate, shall (2) PUBLIC UTILITY.—Section 201(e) of the (5) EMERGENCY MOBILE SUBSTATION.—The remove the designation of critical electric infra- Federal Power Act (16 U.S.C. 824(e)) is amended term ‘‘emergency mobile substation’’ means a structure information, in whole or in part, from by inserting ‘‘215A,’’ after ‘‘215,’’. mobile substation or mobile transformer that is— a document or electronic communication if the (c) ENHANCED GRID SECURITY.— (A) assembled and permanently mounted on a Commission or the Secretary, as appropriate, de- (1) DEFINITIONS.—In this subsection: trailer that is capable of highway travel and termines that the unauthorized disclosure of (A) CRITICAL ELECTRIC INFRASTRUCTURE; CRIT- meets relevant Department of Transportation such information could no longer be used to im- ICAL ELECTRIC INFRASTRUCTURE INFORMATION.— regulations; and pair the security or reliability of the bulk-power The terms ‘‘critical electric infrastructure’’ and (B) intended for express deployment and ca- system or distribution facilities. ‘‘critical electric infrastructure information’’ pable of being rapidly placed into service. ‘‘(11) JUDICIAL REVIEW OF DESIGNATIONS.— have the meanings given those terms in section (6) LARGE POWER TRANSFORMER.—The term Notwithstanding section 313(b), with respect to 215A of the Federal Power Act. ‘‘large power transformer’’ means a power a petition filed by a person to which an order (B) SECTOR-SPECIFIC AGENCY.—The term ‘‘Sec- transformer with a maximum nameplate rating under this section applies, any determination by tor-Specific Agency’’ has the meaning given of 100 megavolt-amperes or higher, including re- the Commission or the Secretary concerning the that term in the Presidential Policy Directive lated critical equipment, that is, or is intended designation of critical electric infrastructure in- entitled ‘‘Critical Infrastructure Security and to be, a part of the bulk-power system. formation under this subsection shall be subject Resilience’’, numbered 21, and dated February (7) SECRETARY.—The term ‘‘Secretary’’ means to review under chapter 7 of title 5, United 12, 2013. the Secretary of Energy. States Code, except that such review shall be (2) SECTOR-SPECIFIC AGENCY FOR CYBERSECU- (8) SPARE LARGE POWER TRANSFORMER.—The brought in the district court of the United States RITY FOR THE ENERGY SECTOR.— term ‘‘spare large power transformer’’ means a in the district in which the complainant resides, (A) IN GENERAL.—The Department of Energy large power transformer that is stored within or has his principal place of business, or in the shall be the lead Sector-Specific Agency for cy- the Strategic Transformer Reserve to be avail- District of Columbia. In such a case the court bersecurity for the energy sector. able to temporarily replace a critically damaged shall examine in camera the contents of docu- (B) DUTIES.—As head of the designated Sec- large power transformer. ments or electronic communications that are the tor-Specific Agency for cybersecurity, the duties (c) STRATEGIC TRANSFORMER RESERVE PLAN.— subject of the determination under review to de- of the Secretary of Energy shall include— (1) PLAN.—Not later than 1 year after the date termine whether such documents or any part (i) coordinating with the Department of of enactment of this Act, the Secretary, acting thereof were improperly designated or not des- Homeland Security and other relevant Federal through the Office of Electricity Delivery and ignated as critical electric infrastructure infor- departments and agencies; Energy Reliability, shall, in consultation with mation. (ii) collaborating with— the Federal Energy Regulatory Commission, the

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Electricity Sub-sector Coordinating Council, the (iv) availability of appropriate transformer (b) PARTICIPATION.—In developing the report Electric Reliability Organization, and owners mounting pads; referred to in subsection (a), the Secretaries may and operators of critical electric infrastructure (v) flexibility of the spare large power trans- consult with relevant Federal, State, private and defense and military installations, prepare formers as described in subparagraph (E); and sector, and international participants, as appro- and submit to Congress a plan to establish a (vi) ability to rapidly transition a spare large priate and consistent with applicable law. power transformer from storage to energization; Strategic Transformer Reserve for the storage, DIVISION G—FINANCIAL SERVICES in strategically located facilities, of spare large (I) eligibility criteria for withdrawal of equip- power transformers and emergency mobile sub- ment from the Strategic Transformer Reserve; TITLE LXXI—IMPROVING ACCESS TO CAP- stations in sufficient numbers to temporarily re- (J) the process by which owners or operators ITAL FOR EMERGING GROWTH COMPA- place critically damaged large power trans- of critically damaged large power transformers NIES formers and substations that are critical electric or substations that are critical electric infra- SEC. 71001. FILING REQUIREMENT FOR PUBLIC infrastructure or serve defense and military in- structure or serve defense and military installa- FILING PRIOR TO PUBLIC OFFERING. stallations. tions may apply for a withdrawal from the Stra- Section 6(e)(1) of the Securities Act of 1933 (15 (2) INCLUSIONS.—The Strategic Transformer tegic Transformer Reserve; U.S.C. 77f(e)(1)) is amended by striking ‘‘21 Reserve plan shall include a description of— (K) the process by which equipment with- days’’ and inserting ‘‘15 days’’. (A) the appropriate number and type of spare drawn from the Strategic Transformer Reserve is SEC. 71002. GRACE PERIOD FOR CHANGE OF STA- large power transformers necessary to provide or returned to the Strategic Transformer Reserve or is replaced; TUS OF EMERGING GROWTH COMPA- restore sufficient resiliency to the bulk-power NIES. system, critical electric infrastructure, and de- (L) possible fees to be paid by users of equip- ment withdrawn from the Strategic Transformer Section 6(e)(1) of the Securities Act of 1933 (15 fense and military installations to mitigate sig- U.S.C. 77f(e)(1)) is further amended by adding nificant impacts to the electric grid resulting Reserve; (M) possible fees to be paid by owners and op- at the end the following: ‘‘An issuer that was an from— emerging growth company at the time it sub- (i) physical attack; erators of large power transformers and sub- mitted a confidential registration statement or, (ii) cyber attack; stations that are critical electric infrastructure in lieu thereof, a publicly filed registration (iii) electromagnetic pulse attack; or serve defense and military installations to statement for review under this subsection but (iv) geomagnetic disturbances; cover operating costs of the Strategic Trans- ceases to be an emerging growth company there- (v) severe weather; or former Reserve; (vi) seismic events; (N) the domestic and international large after shall continue to be treated as an emerging (B) other critical electric grid equipment for power transformer supply chain; market growth company for the purposes of this which an inventory of spare equipment, includ- (O) the potential reliability, cost, and oper- subsection through the earlier of the date on ing emergency mobile substations, is necessary ational benefits of including emergency mobile which the issuer consummates its initial public to provide or restore sufficient resiliency to the substations in any Strategic Transformer Re- offering pursuant to such registrations state- bulk-power system, critical electric infrastruc- serve established under this section; and ment or the end of the 1-year period beginning ture, and defense and military installations; (P) other considerations for designing, con- on the date the company ceases to be an emerg- (C) the degree to which utility sector actions structing, stocking, funding, and managing the ing growth company.’’. or initiatives, including individual utility own- Strategic Transformer Reserve. SEC. 71003. SIMPLIFIED DISCLOSURE REQUIRE- ership of spare equipment, joint ownership of (d) DISCLOSURE OF INFORMATION.—Any infor- MENTS FOR EMERGING GROWTH spare equipment inventory, sharing agreements, mation included in the Strategic Transformer COMPANIES. or other spare equipment reserves or arrange- Reserve plan, or shared in the preparation and Section 102 of the Jumpstart Our Business ments, satisfy the needs identified under sub- development of such plan, the disclosure of Startups Act (Public Law 112–106) is amended paragraphs (A) and (B); which could cause harm to critical electric in- by adding at the end the following: (D) the potential locations for, and feasibility frastructure, shall be exempt from disclosure ‘‘(d) SIMPLIFIED DISCLOSURE REQUIRE- and appropriate number of, strategic storage lo- under section 552(b)(3) of title 5, United States MENTS.—With respect to an emerging growth cations for reserve equipment, including consid- Code, and any State, tribal, or local law requir- company (as such term is defined under section eration of— ing disclosure of information or records. 2 of the Securities Act of 1933): (i) the physical security of such locations; SEC. 61005. ENERGY SECURITY VALUATION. ‘‘(1) REQUIREMENT TO INCLUDE NOTICE ON (ii) the protection of the confidentiality of (a) ESTABLISHMENT OF ENERGY SECURITY FORMS S–1 AND F–1.—Not later than 30 days after such locations; and VALUATION METHODS.—Not later than 1 year the date of enactment of this subsection, the Se- (iii) the proximity of such locations to sites of after the date of enactment of this Act, the Sec- curities and Exchange Commission shall revise potentially critically damaged large power retary of Energy, in collaboration with the Sec- its general instructions on Forms S–1 and F–1 to transformers and substations that are critical retary of State, shall develop and transmit, after indicate that a registration statement filed (or electric infrastructure or serve defense and mili- public notice and comment, to the Committee on submitted for confidential review) by an issuer tary installations, so as to enable efficient deliv- Energy and Commerce and the Committee on prior to an initial public offering may omit fi- ery of equipment to such sites; Foreign Affairs of the House of Representatives nancial information for historical periods other- (E) the necessary degree of flexibility of spare and the Committee on Energy and Natural Re- wise required by regulation S–X (17 CFR 210.1– large power transformers to be included in the sources and the Committee on Foreign Relations 01 et seq.) as of the time of filing (or confidential Strategic Transformer Reserve to conform to dif- of the Senate a report that includes rec- submission) of such registration statement, pro- ferent substation configurations, including con- ommended United States energy security valu- vided that— sideration of transformer— ation methods. In developing the report, the ‘‘(A) the omitted financial information relates (i) power and voltage rating for each winding; Secretaries may consider the recommendations to a historical period that the issuer reasonably (ii) overload requirements; of the Administration’s Quadrennial Energy Re- believes will not be required to be included in (iii) impedance between windings; view released on April 21, 2015. The report the Form S–1 or F–1 at the time of the con- (iv) configuration of windings; and shall— templated offering; and (v) tap requirements; (1) evaluate and define United States energy ‘‘(B) prior to the issuer distributing a prelimi- (F) an estimate of the direct cost of the Stra- security to reflect modern domestic and global nary prospectus to investors, such registration tegic Transformer Reserve, as proposed, includ- energy markets and the collective needs of the statement is amended to include all financial in- ing— United States and its allies and partners; formation required by such regulation S–X at (i) the cost of storage facilities; (2) identify transparent and uniform or co- the date of such amendment. (ii) the cost of the equipment; and ordinated procedures and criteria to ensure that ‘‘(2) RELIANCE BY ISSUERS.—Effective 30 days (iii) management, maintenance, and operation energy-related actions that significantly affect after the date of enactment of this subsection, costs; the supply, distribution, or use of energy are an issuer filing a registration statement (or sub- (G) the funding options available to establish, evaluated with respect to their potential impact mitting the statement for confidential review) on stock, manage, and maintain the Strategic on energy security, including their impact on— Form S–1 or Form F–1 may omit financial infor- Transformer Reserve, including consideration of (A) consumers and the economy; fees on owners and operators of bulk-power sys- (B) energy supply diversity and resiliency; mation for historical periods otherwise required tem facilities, critical electric infrastructure, (C) well-functioning and competitive energy by regulation S–X (17 CFR 210.1–01 et seq.) as of and defense and military installations relying markets; the time of filing (or confidential submission) of on the Strategic Transformer Reserve, use of (D) United States trade balance; and such registration statement, provided that— Federal appropriations, and public-private cost- (E) national security objectives; and ‘‘(A) the omitted financial information relates sharing options; (3) include a recommended implementation to a historical period that the issuer reasonably (H) the ease and speed of transportation, in- strategy that identifies and aims to ensure that believes will not be required to be included in stallation, and energization of spare large power the procedures and criteria referred to in para- the Form S–1 or Form F–1 at the time of the con- transformers to be included in the Strategic graph (2) are— templated offering; and Transformer Reserve, including consideration of (A) evaluated consistently across the Federal ‘‘(B) prior to the issuer distributing a prelimi- factors such as— Government; and nary prospectus to investors, such registration (i) transformer transportation weight; (B) weighed appropriately and balanced with statement is amended to include all financial in- (ii) transformer size; environmental considerations required by Fed- formation required by such regulation S–X at (iii) topology of critical substations; eral law. the date of such amendment.’’.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00152 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8801 TITLE LXXII—DISCLOSURE (1) in section 5112— ‘‘(1) provides nonpublic personal information MODERNIZATION AND SIMPLIFICATION (A) in subsection (q)— only in accordance with the provisions of sub- SEC. 72001. SUMMARY PAGE FOR FORM 10–K. (i) by striking paragraphs (3) and (8); and section (b)(2) or (e) of section 502 or regulations Not later than the end of the 180-day period (ii) by redesignating paragraphs (4), (5), (6), prescribed under section 504(b), and beginning on the date of the enactment of this and (7) as paragraphs (3), (4), (5), and (6), re- ‘‘(2) has not changed its policies and practices Act, the Securities and Exchange Commission spectively; with regard to disclosing nonpublic personal in- shall issue regulations to permit issuers to sub- (B) in subsection (t)(6)(B), by striking ‘‘90 per- formation from the policies and practices that mit a summary page on form 10–K (17 CFR cent silver and 10 percent copper’’ and inserting were disclosed in the most recent disclosure sent 249.310), but only if each item on such summary ‘‘not less than 90 percent silver’’; and to consumers in accordance with this section, page includes a cross-reference (by electronic (C) in subsection (v)— shall not be required to provide an annual dis- link or otherwise) to the material contained in (i) in paragraph (1), by striking ‘‘Subject to’’ closure under this section until such time as the form 10–K to which such item relates. and all that follows through ‘‘the Secretary financial institution fails to comply with any SEC. 72002. IMPROVEMENT OF REGULATION S–K. shall’’ and inserting ‘‘The Secretary shall’’; criteria described in paragraph (1) or (2).’’. Not later than the end of the 180-day period (ii) in paragraph (2)(A), by striking ‘‘The Sec- TITLE LXXVI—REFORMING ACCESS FOR beginning on the date of the enactment of this retary’’ and inserting ‘‘To the greatest extent INVESTMENTS IN STARTUP ENTERPRISES Act, the Securities and Exchange Commission possible, the Secretary’’; SEC. 76001. EXEMPTED TRANSACTIONS. (iii) in paragraph (5), by inserting after ‘‘may shall take all such actions to revise regulation (a) EXEMPTED TRANSACTIONS.—Section 4 of S–K (17 CFR 229.10 et seq.)— issue’’ the following: ‘‘collectible versions of’’; the Securities Act of 1933 (15 U.S.C. 77d) is (1) to further scale or eliminate requirements and amended— of regulation S–K, in order to reduce the burden (iv) by striking paragraph (8); and (1) in subsection (a), by adding at the end the on emerging growth companies, accelerated fil- (2) in section 5132(a)(2)(B)(i), by striking ‘‘90 following new paragraph: ers, smaller reporting companies, and other percent silver and 10 percent copper’’ and in- ‘‘(7) transactions meeting the requirements of smaller issuers, while still providing all material serting ‘‘not less than 90 percent silver’’. subsection (d).’’; information to investors; SEC. 73002. AMERICAN EAGLE SILVER BULLION (2) by redesignating the second subsection (b) (2) to eliminate provisions of regulation S–K, 30TH ANNIVERSARY. (relating to securities offered and sold in compli- required for all issuers, that are duplicative, Proof and uncirculated versions of coins ance with Rule 506 of Regulation D) as sub- overlapping, outdated, or unnecessary; and issued by the Secretary of the Treasury pursu- section (c); and (3) for which the Commission determines that ant to subsection (e) of section 5112 of title 31, (3) by adding at the end the following: no further study under section 72203 is nec- United States Code, during calendar year 2016 ‘‘(d) CERTAIN ACCREDITED INVESTOR TRANS- essary to determine the efficacy of such revi- shall have a smooth edge incused with a des- ACTIONS.—The transactions referred to in sub- sions to regulation S–K. ignation that notes the 30th anniversary of the section (a)(7) are transactions meeting the fol- SEC. 72003. STUDY ON MODERNIZATION AND SIM- first issue of coins under such subsection. lowing requirements: PLIFICATION OF REGULATION S–K. TITLE LXXIV—SBIC ADVISERS RELIEF ‘‘(1) ACCREDITED INVESTOR REQUIREMENT.— (a) STUDY.—The Securities and Exchange Each purchaser is an accredited investor, as Commission shall carry out a study of the re- SEC. 74001. ADVISERS OF SBICS AND VENTURE that term is defined in section 230.501(a) of title CAPITAL FUNDS. quirements contained in regulation S–K (17 CFR 17, Code of Federal Regulations (or any suc- Section 203(l) of the Investment Advisers Act 229.10 et seq.). Such study shall— cessor regulation). (1) determine how best to modernize and sim- of 1940 (15 U.S.C. 80b–3(l)) is amended— ‘‘(2) PROHIBITION ON GENERAL SOLICITATION plify such requirements in a manner that re- (1) by striking ‘‘No investment adviser’’ and OR ADVERTISING.—Neither the seller, nor any duces the costs and burdens on issuers while inserting the following: person acting on the seller’s behalf, offers or still providing all material information; ‘‘(1) IN GENERAL.—No investment adviser’’; sells securities by any form of general solicita- (2) emphasize a company by company ap- and tion or general advertising. proach that allows relevant and material infor- (2) by adding at the end the following: ‘‘(3) INFORMATION REQUIREMENT.—In the case mation to be disseminated to investors without ‘‘(2) ADVISERS OF SBICS.—For purposes of this of a transaction involving the securities of an boilerplate language or static requirements subsection, a venture capital fund includes an issuer that is neither subject to section 13 or while preserving completeness and com- entity described in subparagraph (A), (B), or (C) 15(d) of the Securities Exchange Act of 1934 (15 parability of information across registrants; and of subsection (b)(7) (other than an entity that U.S.C. 78m; 78o(d)), nor exempt from reporting (3) evaluate methods of information delivery has elected to be regulated or is regulated as a pursuant to section 240.12g3–2(b) of title 17, and presentation and explore methods for dis- business development company pursuant to sec- Code of Federal Regulations, nor a foreign gov- couraging repetition and the disclosure of imma- tion 54 of the Investment Company Act of ernment (as defined in section 230.405 of title 17, terial information. 1940).’’. Code of Federal Regulations) eligible to register (b) CONSULTATION.—In conducting the study SEC. 74002. ADVISERS OF SBICS AND PRIVATE securities under Schedule B, the seller and a required under subsection (a), the Commission FUNDS. prospective purchaser designated by the seller shall consult with the Investor Advisory Com- Section 203(m) of the Investment Advisers Act obtain from the issuer, upon request of the sell- mittee and the Advisory Committee on Small of 1940 (15 U.S.C. 80b–3(m)) is amended by add- er, and the seller in all cases makes available to and Emerging Companies. ing at the end the following: a prospective purchaser, the following informa- (c) REPORT.—Not later than the end of the ‘‘(3) ADVISERS OF SBICS.—For purposes of this tion (which shall be reasonably current in rela- 360-day period beginning on the date of enact- subsection, the assets under management of a tion to the date of resale under this section): ment of this Act, the Commission shall issue a private fund that is an entity described in sub- ‘‘(A) The exact name of the issuer and the report to the Congress containing— paragraph (A), (B), or (C) of subsection (b)(7) issuer’s predecessor (if any). (1) all findings and determinations made in (other than an entity that has elected to be reg- ‘‘(B) The address of the issuer’s principal ex- carrying out the study required under sub- ulated or is regulated as a business development ecutive offices. section (a); company pursuant to section 54 of the Invest- ‘‘(C) The exact title and class of the security. (2) specific and detailed recommendations on ment Company Act of 1940) shall be excluded ‘‘(D) The par or stated value of the security. modernizing and simplifying the requirements in from the limit set forth in paragraph (1).’’. ‘‘(E) The number of shares or total amount of regulation S–K in a manner that reduces the the securities outstanding as of the end of the costs and burdens on companies while still pro- SEC. 74003. RELATIONSHIP TO STATE LAW. Section 203A(b)(1) of the Investment Advisers issuer’s most recent fiscal year. viding all material information; and ‘‘(F) The name and address of the transfer (3) specific and detailed recommendations on Act of 1940 (15 U.S.C. 80b–3a(b)(1)) is amended— agent, corporate secretary, or other person re- ways to improve the readability and naviga- (1) in subparagraph (A), by striking ‘‘or’’ at sponsible for transferring shares and stock cer- bility of disclosure documents and to discourage the end; tificates. repetition and the disclosure of immaterial in- (2) in subparagraph (B), by striking the period at the end and inserting ‘‘; or’’; and ‘‘(G) A statement of the nature of the business formation. of the issuer and the products and services it of- (d) RULEMAKING.—Not later than the end of (3) by adding at the end the following: fers, which shall be presumed reasonably cur- the 360-day period beginning on the date that ‘‘(C) that is not registered under section 203 rent if the statement is as of 12 months before the report is issued to the Congress under sub- because that person is exempt from registration as provided in subsection (b)(7) of such section, the transaction date. section (c), the Commission shall issue a pro- ‘‘(H) The names of the officers and directors or is a supervised person of such person.’’. posed rule to implement the recommendations of of the issuer. the report issued under subsection (c). TITLE LXXV—ELIMINATE PRIVACY NOTICE ‘‘(I) The names of any persons registered as a (e) RULE OF CONSTRUCTION.—Revisions made CONFUSION broker, dealer, or agent that shall be paid or to regulation S–K by the Commission under sec- given, directly or indirectly, any commission or tion 202 shall not be construed as satisfying the SEC. 75001. EXCEPTION TO ANNUAL PRIVACY NO- TICE REQUIREMENT UNDER THE remuneration for such person’s participation in rulemaking requirements under this section. GRAMM-LEACH-BLILEY ACT. the offer or sale of the securities. TITLE LXXIII—BULLION AND COLLECT- Section 503 of the Gramm-Leach-Bliley Act (15 ‘‘(J) The issuer’s most recent balance sheet IBLE COIN PRODUCTION EFFICIENCY U.S.C. 6803) is amended by adding at the end and profit and loss statement and similar finan- AND COST SAVINGS the following: cial statements, which shall— SEC. 73001. TECHNICAL CORRECTIONS. ‘‘(f) EXCEPTION TO ANNUAL NOTICE REQUIRE- ‘‘(i) be for such part of the 2 preceding fiscal Title 31, United States Code, is amended— MENT.—A financial institution that— years as the issuer has been in operation;

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00153 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8802 CONGRESSIONAL RECORD — HOUSE December 1, 2015 ‘‘(ii) be prepared in accordance with generally (4) by adding at the end the following new SEC. 77003. IMPLEMENTATION. accepted accounting principles or, in the case of subparagraph: The Secretary of Housing and Urban Develop- a foreign private issuer, be prepared in accord- ‘‘(G) section 4(a)(7).’’. ment shall issue any guidance that the Sec- ance with generally accepted accounting prin- TITLE LXXVII—PRESERVATION ENHANCE- retary considers necessary to carry out the pro- ciples or the International Financial Reporting MENT AND SAVINGS OPPORTUNITY visions added by the amendments made by this Standards issued by the International Account- title not later than the expiration of the 120-day SEC. 77001. DISTRIBUTIONS AND RESIDUAL RE- period beginning on the date of the enactment ing Standards Board; CEIPTS. ‘‘(iii) be presumed reasonably current if— of this Act. ‘‘(I) with respect to the balance sheet, the bal- Section 222 of the Low-Income Housing Pres- ervation and Resident Homeownership Act of TITLE LXXVIII—TENANT INCOME ance sheet is as of a date less than 16 months VERIFICATION RELIEF before the transaction date; and 1990 (12 U.S.C. 4112) is amended by adding at ‘‘(II) with respect to the profit and loss state- the end the following new subsection: SEC. 78001. REVIEWS OF FAMILY INCOMES. (a) IN GENERAL.—The second sentence of ment, such statement is for the 12 months pre- ‘‘(e) DISTRIBUTION AND RESIDUAL RECEIPTS.— paragraph (1) of section 3(a) of the United ceding the date of the issuer’s balance sheet; ‘‘(1) AUTHORITY.—After the date of the enact- States Housing Act of 1937 (42 U.S.C. and ment of this subsection, the owner of a property ‘‘(iv) if the balance sheet is not as of a date subject to a plan of action or use agreement pur- 1437a(a)(1)) is amended by inserting before the less than 6 months before the transaction date, suant to this section shall be entitled to dis- period at the end the following: ‘‘; except that, be accompanied by additional statements of tribute— in the case of any family with a fixed income, profit and loss for the period from the date of ‘‘(A) annually, all surplus cash generated by as defined by the Secretary, after the initial re- such balance sheet to a date less than 6 months the property, but only if the owner is in mate- view of the family’s income, the public housing before the transaction date. rial compliance with such use agreement includ- agency or owner shall not be required to con- ‘‘(K) To the extent that the seller is a control ing compliance with prevailing physical condi- duct a review of the family’s income for any person with respect to the issuer, a brief state- tion standards established by the Secretary; and year for which such family certifies, in accord- ment regarding the nature of the affiliation, ‘‘(B) notwithstanding any conflicting provi- ance with such requirements as the Secretary and a statement certified by such seller that sion in such use agreement, any funds accumu- shall establish, which shall include policies to they have no reasonable grounds to believe that lated in a residual receipts account, but only if adjust for inflation-based income changes, that the issuer is in violation of the securities laws or the owner is in material compliance with such 90 percent or more of the income of the family regulations. use agreement and has completed, or set aside consists of fixed income, and that the sources of ‘‘(4) ISSUERS DISQUALIFIED.—The transaction sufficient funds for completion of, any capital such income have not changed since the pre- is not for the sale of a security where the seller repairs identified by the most recent third party vious year, except that the public housing agen- is an issuer or a subsidiary, either directly or in- capital needs assessment. cy or owner shall conduct a review of each such directly, of the issuer. ‘‘(2) OPERATION OF PROPERTY.—An owner family’s income not less than once every 3 ‘‘(5) BAD ACTOR PROHIBITION.—Neither the that distributes any amounts pursuant to para- years’’. seller, nor any person that has been or will be graph (1) shall— (b) HOUSING CHOICE VOUCHER PROGRAM.— paid (directly or indirectly) remuneration or a ‘‘(A) continue to operate the property in ac- Subparagraph (A) of section 8(o)(5) of the commission for their participation in the offer or cordance with the affordability provisions of the United States Housing Act of 1937 (42 U.S.C. sale of the securities, including solicitation of use agreement for the property for the remain- 1437f(o)(5)(A)) is amended by striking ‘‘not less purchasers for the seller is subject to an event ing useful life of the property; than annually’’ and inserting ‘‘as required by that would disqualify an issuer or other covered ‘‘(B) as required by the plan of action for the section 3(a)(1) of this Act’’. person under Rule 506(d)(1) of Regulation D (17 property, continue to renew or extend any TITLE LXXIX—HOUSING ASSISTANCE CFR 230.506(d)(1)) or is subject to a statutory project-based rental assistance contract for a EFFICIENCY disqualification described under section 3(a)(39) term of not less than 20 years; and SEC. 79001. AUTHORITY TO ADMINISTER RENTAL of the Securities Exchange Act of 1934. ‘‘(C) if the owner has an existing multi-year ASSISTANCE. ‘‘(6) BUSINESS REQUIREMENT.—The issuer is project-based rental assistance contract for less Subsection (g) of section 423 of the McKinney- engaged in business, is not in the organizational than 20 years, have the option to extend the Vento Homeless Assistance Act (42 U.S.C. stage or in bankruptcy or receivership, and is contract to a 20-year term.’’. 11383(g)) is amended by inserting ‘‘private non- not a blank check, blind pool, or shell company SEC. 77002. FUTURE REFINANCINGS. profit organization,’’ after ‘‘unit of general local that has no specific business plan or purpose or Section 214 of the Low-Income Housing Pres- government,’’. has indicated that the issuer’s primary business ervation and Resident Homeownership Act of SEC. 79002. REALLOCATION OF FUNDS. plan is to engage in a merger or combination of 1990 (12 U.S.C. 4104) is amended by adding at Paragraph (1) of section 414(d) of the McKin- the business with, or an acquisition of, an un- the end the following new subsection: ney-Vento Homeless Assistance Act (42 U.S.C. identified person. ‘‘(c) FUTURE FINANCING.—Neither this section, 11373(d)(1)) is amended by striking ‘‘twice’’ and ‘‘(7) UNDERWRITER PROHIBITION.—The trans- nor any plan of action or use agreement imple- inserting ‘‘once’’. action is not with respect to a security that con- menting this section, shall restrict an owner TITLE LXXX—CHILD SUPPORT stitutes the whole or part of an unsold allotment from obtaining a new loan or refinancing an ex- ASSISTANCE to, or a subscription or participation by, a isting loan secured by the project, or from dis- broker or dealer as an underwriter of the secu- tributing the proceeds of such a loan; except SEC. 80001. REQUESTS FOR CONSUMER REPORTS rity or a redistribution. BY STATE OR LOCAL CHILD SUP- that, in conjunction with such refinancing— PORT ENFORCEMENT AGENCIES. ‘‘(8) OUTSTANDING CLASS REQUIREMENT.—The ‘‘(1) the owner shall provide for adequate re- Paragraph (4) of section 604(a) of the Fair transaction is with respect to a security of a habilitation pursuant to a capital needs assess- Credit Reporting Act (15 U.S.C. 1681b(a)(4)) is class that has been authorized and outstanding ment to ensure long-term sustainability of the amended— for at least 90 days prior to the date of the property satisfactory to the lender or bond (1) in subparagraph (A), by striking ‘‘or deter- transaction. issuance agency; mining the appropriate level of such payments’’ ‘‘(e) ADDITIONAL REQUIREMENTS.— ‘‘(2) any resulting budget-based rent increase ‘‘(1) IN GENERAL.—With respect to an exempt- and inserting ‘‘, determining the appropriate shall include debt service on the new financing, level of such payments, or enforcing a child sup- ed transaction described under subsection (a)(7): commercially reasonable debt service coverage, ‘‘(A) Securities acquired in such transaction port order, award, agreement, or judgment’’; and replacement reserves as required by the shall be deemed to have been acquired in a (2) in subparagraph (B)— lender; and transaction not involving any public offering. (A) by striking ‘‘paternity’’ and inserting ‘‘(3) for tenants of dwelling units not covered ‘‘(B) Such transaction shall be deemed not to ‘‘parentage’’; and by a project- or tenant-based rental subsidy, be a distribution for purposes of section 2(a)(11). (B) by adding ‘‘and’’ at the end; ‘‘(C) Securities involved in such transaction any rent increases resulting from the refi- (3) by striking subparagraph (C); and (4) by redesignating subparagraph (D) as sub- shall be deemed to be restricted securities within nancing transaction may not exceed 10 percent paragraph (C). the meaning of Rule 144 (17 CFR 230.144). per year, except that— ‘‘(2) RULE OF CONSTRUCTION.—The exemption ‘‘(A) any tenant occupying a dwelling unit as TITLE LXXXI—PRIVATE INVESTMENT IN provided by subsection (a)(7) shall not be the ex- of time of the refinancing may not be required HOUSING clusive means for establishing an exemption to pay for rent and utilities, for the duration of SEC. 81001. BUDGET-NEUTRAL DEMONSTRATION from the registration requirements of section 5.’’. such tenancy, an amount that exceeds the PROGRAM FOR ENERGY AND WATER (b) EXEMPTION IN CONNECTION WITH CERTAIN greater of— CONSERVATION IMPROVEMENTS AT EXEMPT OFFERINGS.—Section 18(b)(4) of the Se- ‘‘(i) 30 percent of the tenant’s income; or MULTIFAMILY RESIDENTIAL UNITS. curities Act of 1933 (15 U.S.C. 77r(b)(4)) is ‘‘(ii) the amount paid by the tenant for rent (a) ESTABLISHMENT.—The Secretary of Hous- amended— and utilities immediately before such refi- ing and Urban Development (in this section re- (1) by redesignating the second subparagraph nancing; and ferred to as the ‘‘Secretary’’) shall establish a (D) and subparagraph (E) as subparagraphs (E) ‘‘(B) this paragraph shall not apply to any demonstration program under which the Sec- and (F), respectively; tenant who does not provide the owner with retary may execute budget-neutral, perform- (2) in subparagraph (E), as so redesignated, proof of income. ance-based agreements in fiscal years 2016 by striking ‘‘; or’’ and inserting a semicolon; Paragraph (3) may not be construed to limit any through 2019 that result in a reduction in en- (3) in subparagraph (F), as so redesignated, rent increases resulting from increased oper- ergy or water costs with such entities as the Sec- by striking the period and inserting ‘‘; or’’; and ating costs for a project.’’. retary determines to be appropriate under which

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the entities shall carry out projects for energy or (ii) oversight of energy or water conservation ‘‘(C) SECURITY INTERESTS OF FEDERAL HOME water conservation improvements at not more programs, including oversight of contractors; LOAN BANK NOT AVOIDABLE.—Notwithstanding than 20,000 residential units in multifamily and any provision of State law authorizing a conser- buildings participating in— (iii) raising capital for energy or water con- vator or liquidating agent of a credit union to (1) the project-based rental assistance program servation improvements from charitable organi- repudiate contracts, no such provision shall under section 8 of the United States Housing zations or private investors. apply with respect to— Act of 1937 (42 U.S.C. 1437f), other than assist- (4) GEOGRAPHICAL DIVERSITY.—Each agree- ‘‘(i) any extension of credit from any Federal ance provided under section 8(o) of that Act; ment entered into under this section shall pro- home loan bank to any credit union which is a (2) the supportive housing for the elderly pro- vide for the inclusion of properties with the member of any such bank pursuant to this para- gram under section 202 of the Housing Act of greatest feasible regional and State variance. graph; or 1959 (12 U.S.C. 1701q); or (5) PROPERTIES.—A property may only be in- ‘‘(ii) any security interest in the assets of such (3) the supportive housing for persons with cluded in the demonstration under this section credit union securing any such extension of disabilities program under section 811(d)(2) of only if the property is subject to affordability credit. the Cranston-Gonzalez National Affordable restrictions for at least 15 years after the date of ‘‘(D) PROTECTION FOR CERTAIN FEDERAL HOME Housing Act (42 U.S.C. 8013(d)(2)). the completion of any conservation improve- LOAN BANK ADVANCES.—Notwithstanding any (b) REQUIREMENTS.— ments made to the property under the dem- State law to the contrary, if a Bank makes an (1) PAYMENTS CONTINGENT ON SAVINGS.— onstration program. Such restrictions may be advance under section 10 to a State-chartered (A) IN GENERAL.—The Secretary shall provide credit union that is not federally insured— made through an extended affordability agree- to an entity a payment under an agreement ‘‘(i) the Bank’s interest in any collateral se- ment for the property under a new housing as- under this section only during applicable years curing such advance has the same priority and for which an energy or water cost savings is sistance payments contract with the Secretary is afforded the same standing and rights that achieved with respect to the applicable multi- of Housing and Urban Development or through the security interest would have had if the ad- family portfolio of properties, as determined by an enforceable covenant with the owner of the vance had been made to a federally insured the Secretary, in accordance with subparagraph property. credit union; and (c) PLAN AND REPORTS.— (B). ‘‘(ii) the Bank has the same right to access (B) PAYMENT METHODOLOGY.— (1) PLAN.—Not later than 90 days after the such collateral that the Bank would have had if (i) IN GENERAL.—Each agreement under this date of enactment of this Act, the Secretary the advance had been made to a federally in- section shall include a pay-for-success provision shall submit to the Committees on Appropria- sured credit union.’’. that— tions and Financial Services of the House of (b) COPIES OF AUDITS OF PRIVATE INSURERS (I) shall serve as a payment threshold for the Representatives and the Committees on Appro- OF CERTAIN DEPOSITORY INSTITUTIONS RE- term of the agreement; and priations and Banking, Housing, and Urban Af- QUIRED TO BE PROVIDED TO SUPERVISORY AGEN- (II) requires that payments shall be contin- fairs of the Senate a detailed plan for the imple- CIES.—Section 43(a)(2)(A) of the Federal Deposit gent on realized cost savings associated with re- mentation of this section. Insurance Act (12 U.S.C. 1831t(a)(2)(A)) is duced utility consumption in the participating (2) REPORTS.—Not later than 1 year after the amended— properties. date of enactment of this Act, and annually (1) in clause (i), by striking ‘‘and’’ at the end; (ii) LIMITATIONS.—A payment made by the thereafter, the Secretary shall— (2) in clause (ii), by striking the period at the Secretary under an agreement under this sec- (A) conduct an evaluation of the program end and inserting ‘‘; and’’; and tion— under this section; and (3) by inserting at the end the following new (I) shall be contingent on documented utility (B) submit to Congress a report describing clause: savings; and each evaluation conducted under subparagraph ‘‘(iii) in the case of depository institutions de- (II) shall not exceed the utility savings (A). scribed in subsection (e)(2)(A) the deposits of achieved by the date of the payment, and not (d) FUNDING.—For each fiscal year during which are insured by the private insurer which previously paid, as a result of the improvements which an agreement under this section is in ef- are members of a Federal home loan bank, to made under the agreement. fect, the Secretary may use to carry out this sec- the Federal Housing Finance Agency, not later (C) THIRD-PARTY VERIFICATION.—Savings pay- tion any funds appropriated to the Secretary for than 7 days after the audit is completed.’’. ments made by the Secretary under this section the renewal of contracts under a program de- SEC. 82002. GAO REPORT. shall be based on a measurement and scribed in subsection (a). Not later than 18 months after the date of en- verification protocol that includes at least— TITLE LXXXII—CAPITAL ACCESS FOR actment of this Act, the Comptroller General of (i) establishment of a weather-normalized and the United States shall conduct a study and occupancy-normalized utility consumption base- SMALL COMMUNITY FINANCIAL INSTI- TUTIONS submit a report to Congress— line established pre-retrofit; (1) on the adequacy of insurance reserves held (ii) annual third-party confirmation of actual SEC. 82001. PRIVATELY INSURED CREDIT UNIONS by a private deposit insurer that insures depos- utility consumption and cost for utilities; AUTHORIZED TO BECOME MEMBERS its in an entity described in section 43(e)(2)(A) OF A FEDERAL HOME LOAN BANK. (iii) annual third-party validation of the ten- of the Federal Deposit Insurance Act (12 U.S.C. ant utility allowances in effect during the appli- (a) IN GENERAL.—Section 4(a) of the Federal 1831t(e)(2)(A)); and cable year and vacancy rates for each unit type; Home Loan Bank Act (12 U.S.C. 1424(a)) is (2) for an entity described in paragraph (1) and amended by adding at the end the following the deposits of which are insured by a private (iv) annual third-party determination of sav- new paragraph: deposit insurer, information on the level of com- ings to the Secretary. ‘‘(5) CERTAIN PRIVATELY INSURED CREDIT pliance with Federal regulations relating to the An agreement under this section with an entity UNIONS.— disclosure of a lack of Federal deposit insur- shall provide that the entity shall cover costs as- ‘‘(A) IN GENERAL.—Subject to the requirements ance. sociated with third-party verification under this of subparagraph (B), a credit union shall be TITLE LXXXIII—SMALL BANK EXAM CYCLE subparagraph. treated as an insured depository institution for REFORM (2) TERMS OF PERFORMANCE-BASED AGREE- purposes of determining the eligibility of such MENTS.—A performance-based agreement under credit union for membership in a Federal home SEC. 83001. SMALLER INSTITUTIONS QUALIFYING this section shall include— loan bank under paragraphs (1), (2), and (3). FOR 18-MONTH EXAMINATION (A) the period that the agreement will be in ef- CYCLE. ‘‘(B) CERTIFICATION BY APPROPRIATE SUPER- Section 10(d) of the Federal Deposit Insurance fect and during which payments may be made, VISOR.— which may not be longer than 12 years; Act (12 U.S.C. 1820(d)) is amended— ‘‘(i) IN GENERAL.—For purposes of this para- (1) in paragraph (4)— (B) the performance measures that will serve graph and subject to clause (ii), a credit union as payment thresholds during the term of the (A) in subparagraph (A), by striking which lacks Federal deposit insurance and ‘‘$500,000,000’’ and inserting ‘‘$1,000,000,000’’; agreement; which has applied for membership in a Federal (C) an audit protocol for the properties cov- and home loan bank may be treated as meeting all ered by the agreement; (B) in subparagraph (C)(ii), by striking the eligibility requirements for Federal deposit (D) a requirement that payments shall be con- ‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’; and insurance only if the appropriate supervisor of (2) in paragraph (10)— tingent on realized cost savings associated with the State in which the credit union is chartered (A) by striking ‘‘$100,000,000’’ and inserting reduced utility consumption in the participating has determined that the credit union meets all ‘‘$200,000,000’’; and properties; and (B) by striking ‘‘$500,000,000’’ and inserting (E) such other requirements and terms as de- the eligibility requirements for Federal deposit ‘‘$1,000,000,000’’. termined to be appropriate by the Secretary. insurance as of the date of the application for (3) ENTITY ELIGIBILITY.—The Secretary membership. TITLE LXXXIV—SMALL COMPANY SIMPLE shall— ‘‘(ii) CERTIFICATION DEEMED VALID.—If, in the REGISTRATION (A) establish a competitive process for entering case of any credit union to which clause (i) ap- SEC. 84001. FORWARD INCORPORATION BY REF- into agreements under this section; and plies, the appropriate supervisor of the State in ERENCE FOR FORM S–1. (B) enter into such agreements only with enti- which such credit union is chartered fails to Not later than 45 days after the date of the ties that, either jointly or individually, dem- make a determination pursuant to such clause enactment of this Act, the Securities and Ex- onstrate significant experience relating to— by the end of the 6-month period beginning on change Commission shall revise Form S–1 so as (i) financing or operating properties receiving the date of the application, the credit union to permit a smaller reporting company (as de- assistance under a program identified in sub- shall be deemed to have met the requirements of fined in section 230.405 of title 17, Code of Fed- section (a); clause (i). eral Regulations) to incorporate by reference in

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a registration statement filed on such form any (d) EFFECTIVE DATE.—The amendments made strued to require the Bureau, during the public documents that such company files with the by this section shall take effect as if enacted as comment period with respect to an application Commission after the effective date of such reg- part of the Dodd-Frank Wall Street Reform and submitted under subsection (a), to accept an ad- istration statement. Consumer Protection Act (Public Law 111–203). ditional application with respect to the area TITLE LXXXV—HOLDING COMPANY REG- TITLE LXXXVII—TREATMENT OF DEBT OR that is the subject of the initial application. ISTRATION THRESHOLD EQUALIZATION EQUITY INSTRUMENTS OF SMALLER IN- (e) DECISION ON DESIGNATION.—Not later than 90 days after the end of the public comment pe- SEC. 85001. REGISTRATION THRESHOLD FOR SAV- STITUTIONS riod under subsection (d)(1) for an application, INGS AND LOAN HOLDING COMPA- SEC. 87001. DATE FOR DETERMINING CONSOLI- NIES. DATED ASSETS. the Bureau shall— The Securities Exchange Act of 1934 (15 U.S.C. Section 171(b)(4)(C) of the Financial Stability (1) grant or deny such application, in whole 78a et seq.) is amended— Act of 2010 (12 U.S.C. 5371(b)(4)(C)) is amended or in part; and (1) in section 12(g)— by inserting ‘‘or March 31, 2010,’’ after ‘‘Decem- (2) publish such grant or denial in the Federal (A) in paragraph (1)(B), by inserting after ‘‘is ber 31, 2009,’’. Register, along with an explanation of what a bank’’ the following: ‘‘, a savings and loan factors the Bureau relied on in making such de- holding company (as defined in section 10 of the TITLE LXXXVIII—STATE LICENSING termination. EFFICIENCY Home Owners’ Loan Act),’’; and (f) SUBSEQUENT APPLICATIONS.—A decision by (B) in paragraph (4), by inserting after ‘‘case SECTION 88001. SHORT TITLE. the Bureau under subsection (e) to deny an ap- of a bank’’ the following: ‘‘, a savings and loan This title may be cited as the ‘‘State Licensing plication for an area to be designated as a rural holding company (as defined in section 10 of the Efficiency Act of 2015’’. area shall not preclude the Bureau from accept- Home Owners’ Loan Act),’’; and SEC. 88002. BACKGROUND CHECKS. ing a subsequent application submitted under (2) in section 15(d), by striking ‘‘case of bank’’ Section 1511(a) of the S.A.F.E. Mortgage Li- subsection (a) for such area to be so designated, and inserting the following: ‘‘case of a bank, a censing Act of 2008 (12 U.S.C. 5110(a)) is amend- so long as such subsequent application is made savings and loan holding company (as defined ed— after the end of the 90-day period beginning on in section 10 of the Home Owners’ Loan Act),’’. (1) by inserting ‘‘and other financial service the date that the Bureau denies the application TITLE LXXXVI—REPEAL OF providers’’ after ‘‘State-licensed loan origina- under subsection (e). INDEMNIFICATION REQUIREMENTS tors’’; and (g) SUNSET.—This section shall cease to have SEC. 86001. REPEAL. (2) by inserting ‘‘or other financial service any force or effect after the end of the 2-year (a) DERIVATIVES CLEARING ORGANIZATIONS.— providers’’ before the period at the end. period beginning on the date of the enactment Section 5b(k)(5) of the Commodity Exchange Act TITLE LXXXIX—HELPING EXPAND LEND- of this Act. (7 U.S.C. 7a–1(k)(5)) is amended to read as fol- ING PRACTICES IN RURAL COMMU- SEC. 89003. OPERATIONS IN RURAL AREAS. lows: NITIES The Truth in Lending Act (15 U.S.C. 1601 et ‘‘(5) CONFIDENTIALITY AGREEMENT.—Before SEC. 89001. SHORT TITLE. seq.) is amended— the Commission may share information with any This title may be cited as the ‘‘Helping Ex- (1) in section 129C(b)(2)(E)(iv)(I), by striking entity described in paragraph (4), the Commis- pand Lending Practices in Rural Communities ‘‘predominantly’’; and sion shall receive a written agreement from each Act of 2015’’ or the ‘‘HELP Rural Communities (2) in section 129D(c)(1), by striking ‘‘predomi- entity stating that the entity shall abide by the Act of 2015’’. nantly’’. confidentiality requirements described in section SEC. 89002. DESIGNATION OF RURAL AREA. And the House agree to the same. From the Committee on Transportation and 8 relating to the information on swap trans- (a) APPLICATION.—Not later than 90 days Infrastructure, for consideration of the actions that is provided.’’. after the date of the enactment of this Act, the WAP DATA REPOSITORIES.—Section 21 of House amendment and the Senate amend- (b) S Bureau of Consumer Financial Protection shall the Commodity Exchange Act (7 U.S.C. 24a(d)) ment, and modifications committed to con- establish an application process under which a is amended— ference: person who lives or does business in a State (1) in subsection (c)(7)— BILL SHUSTER, may, with respect to an area identified by the (A) in the matter preceding subparagraph (A), JOHN J. DUNCAN, Jr., person in such State that has not been des- by striking ‘‘all’’ and inserting ‘‘swap’’; and SAM GRAVES, ignated by the Bureau as a rural area for pur- (B) in subparagraph (E)— CANDICE S. MILLER, poses of a Federal consumer financial law (as (i) in clause (ii), by striking ‘‘and’’ at the end; ERIC A. ‘‘RICK’’ CRAWFORD, defined under section 1002 of the Consumer Fi- and LOU BARLETTA, nancial Protection Act of 2010), apply for such (ii) by adding at the end the following: BLAKE FARENTHOLD, ‘‘(iv) other foreign authorities; and’’; and area to be so designated. BOB GIBBS, (2) by striking subsection (d) and inserting the (b) EVALUATION CRITERIA.—When evaluating JEFF DENHAM, following: an application submitted under subsection (a), REID J. RIBBLE, ‘‘(d) CONFIDENTIALITY AGREEMENT.—Before the Bureau shall take into consideration the fol- SCOTT PERRY, the swap data repository may share information lowing factors: ROB WOODALL, with any entity described in subsection (c)(7), (1) Criteria used by the Director of the Bureau JOHN KATKO, the swap data repository shall receive a written of the Census for classifying geographical areas BRIAN BABIN, agreement from each entity stating that the en- as rural or urban. CRESENT HARDY, tity shall abide by the confidentiality require- (2) Criteria used by the Director of the Office GARRET GRAVES, ments described in section 8 relating to the in- of Management and Budget to designate coun- PETER A. DEFAZIO, formation on swap transactions that is pro- ties as metropolitan or micropolitan or neither. ELEANOR HOLMES NORTON, vided.’’. (3) Criteria used by the Secretary of Agri- JERROLD NADLER, (c) SECURITY-BASED SWAP DATA REPOSI- culture to determine property eligibility for rural CORRINE BROWN, TORIES.—Section 13(n)(5) of the Securities Ex- development programs. EDDIE BERNICE JOHNSON, change Act of 1934 (15 U.S.C. 78m(n)(5)) is (4) The Department of Agriculture rural- ELIJAH E. CUMMINGS, amended— urban commuting area codes. (1) in subparagraph (G)— (5) A written opinion provided by the State’s RICK LARSEN, (A) in the matter preceding clause (i), by bank supervisor, as defined under section 3(r) of MICHAEL E. CAPUANO, striking ‘‘all’’ and inserting ‘‘security-based the Federal Deposit Insurance Act (12 U.S.C. GRACE F. NAPOLITANO, swap’’; and 1813(r)). DANIEL LIPINSKI, (B) in clause (v)— (6) Population density. STEVE COHEN, (i) in subclause (II), by striking ‘‘; and’’ and (c) RULE OF CONSTRUCTION.—If, at any time ALBIO SIRES, inserting a semicolon; prior to the submission of an application under As additional conferees from the Committee (ii) in subclause (III), by striking the period at subsection (a), the area subject to review has on Armed Services, for consideration of sec. the end and inserting ‘‘; and’’; and been designated as nonrural by any Federal 1111 of the House amendment, and modifica- (iii) by adding at the end the following: agency described under subsection (b) using any tions committed to conference: ‘‘(IV) other foreign authorities.’’; and of the criteria described under subsection (b), MAC THORNBERRY, (2) by striking subparagraph (H) and inserting the Bureau shall not be required to consider LORETTA SANCHEZ, the following: such designation in its evaluation. As additional conferees from the Committee ‘‘(H) CONFIDENTIALITY AGREEMENT.—Before (d) PUBLIC COMMENT PERIOD.— on Energy and Commerce, for consideration the security-based swap data repository may (1) IN GENERAL.—Not later than 60 days after of secs. 1109, 1201, 1202, 3003, Division B, secs. share information with any entity described in receiving an application submitted under sub- 31101, 31201, and Division F of the House subparagraph (G), the security-based swap data section (a), the Bureau shall— amendment and secs. 11005, 11006, 11013, 21003, repository shall receive a written agreement (A) publish such application in the Federal 21004, subtitles B and D of title XXXIV, secs. from each entity stating that the entity shall Register; and 51101 and 51201 of the Senate amendment, abide by the confidentiality requirements de- (B) make such application available for public and modifications committed to conference: scribed in section 24 relating to the information comment for not fewer than 90 days. FRED UPTON, on security-based swap transactions that is pro- (2) LIMITATION ON ADDITIONAL APPLICA- MARKWAYNE MULLIN, vided.’’. TIONS.—Nothing in this section shall be con- FRANK PALLONE, Jr.,

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00156 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.023 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8805 As additional conferees from the Committee The Senate amendment struck all of the creases the amount of STP funding that is on Financial Services, for consideration of House bill after the enacting clause and in- distributed to local governments from 50 per- sec. 32202 and Division G of the House serted a substitute text. cent to 55 percent over the life of the bill. amendment and secs. 52203 and 52205 of the The House amendment struck out that The Act provides states and local govern- Senate amendment, and modifications com- matter proposed to be inserted by the Senate ments with increased flexibility by rolling mitted to conference: amendment and inserted a substitute text. the Transportation Alternatives Program MAXINE WATERS, The Senate recedes from its disagreement into STP, and allowing 50 percent of certain As additional conferees from the Committee to the amendment of the House with an transportation alternatives funding suballo- on the Judiciary, for consideration of secs. amendment that is a substitute for the cated to local areas to be used on any STP- 1313, 24406, and 43001 of the House amendment House bill, the Senate amendment, and the eligible project. and secs. 32502 and 35437 of the Senate House amendment. The differences between The FAST Act expands eligibility for the amendment, and modifications committed to the House bill, the Senate amendment, the Transportation Infrastructure Finance and conference: House amendment, and the substitute agreed Innovation Act (TIFIA) program by allowing BOB GOODLATTE, to in conference are noted below, except for states to use National Highway Performance TOM MARINO, clerical corrections, conforming changes Program, STP block grant, and NSFHP ZOE LOFGREN, made necessary by agreements reached by funds to pay the subsidy and administrative As additional conferees from the Committee the conferees, and minor drafting and clari- costs associated with providing TIFIA credit on Natural Resources, for consideration of fying changes. assistance. secs. 1114–16, 1120, 1301, 1302, 1304, 1305, 1307, Joint Explanatory Statement of the Streamlines Reviews, Reduces Bureaucracy, & 1308, 1310–13, 1316, 1317, 10001, and 10002 of the Committee of the Conference Increases Transparency House amendment and secs. 11024–27, 11101– H.R. 22, Fixing America’s Surface Trans- The FAST Act streamlines the environ- 13, 11116–18, 15006, 31103–05, and 73103 of the portation Act (FAST Act) authorizes federal mental review and permitting process to ac- Senate amendment and modifications com- surface transportation programs through fis- celerate project approvals. The Act includes mitted to conference: cal year (FY) 2020. The FAST Act improves important reforms to align environmental GLENN THOMPSON, our Nation’s infrastructure, reforms federal reviews for historic properties. In addition, DARIN LAHOOD, surface transportation programs, refocuses it establishes a new pilot program to allow As additional conferees from the Committee those programs on addressing national prior- up to five states to substitute their own en- on Oversight and Government Reform, for ities, and encourages innovation to make the vironmental laws and regulations for the Na- consideration of secs. 5106, 5223, 5504, 5505, surface transportation system safer and tional Environmental Policy Act (NEPA) if 61003, and 61004 of the House amendment and more efficient. the state’s laws and regulations are at least secs. 12004, 21019, 31203, 32401, 32508, 32606, DIVISION A—SURFACE TRANSPORTATION as stringent as NEPA. The Act also requires 35203, 35311, and 35312 of the Senate amend- an assessment of previous efforts to accel- ment, and modifications committed to con- TITLE I—FEDERAL-AID HIGHWAYS erate the environmental review process, as ference: Title I of the FAST Act reauthorizes the well as recommendations on additional JOHN L. MICA, Federal-aid Highway and highway safety means of accelerating the project delivery WILL HURD, construction programs through FY 2020, es- process in a responsible manner. GERALD E. CONNOLLY, tablishes new programs to promote the effi- The FAST Act increases the transparency As additional conferees from the Committee cient movement of freight and support large- of the Federal-aid Highway Program by re- on Science, Space, and Technology, for con- scale projects of national or regional signifi- quiring Federal Highway Administration sideration of secs. 3008, 3015, 4003, and title VI cance, and makes other policy changes and (FHWA) to provide project-level information of the House amendment and secs. 11001, reforms. to Congress and the public. This information 12001, 12002, 12004, 12102, 21009, 21017, subtitle Refocuses on National Priorities permits monitoring of projects for cost over- B of title XXXI, secs. 35105 and 72003 of the runs and assists Congress in understanding Senate amendment, and modifications com- The FAST Act focuses on the importance of goods movement to the U.S. economy by how states are using their Federal-aid High- mitted to conference: way funds. LAMAR SMITH, establishing a new formula program for high- BARBARA COMSTOCK, way freight projects, and emphasizes the Promotes Innovative Technologies DONNA F. EDWARDS, need to address large-scale projects of na- The FAST Act provides for the deployment As additional conferees from the Committee tional or regional importance by estab- of transportation technologies and conges- on Ways and Means, for consideration of lishing a new competitive grant program, tion management tools that support an effi- secs. 31101, 31201, and 31203 of the House the Nationally Significant Freight and High- cient and safe surface transportation system. amendment, and secs. 51101, 51201, 51203, way Projects (NSFHP) program. Both pro- It encourages the installation of vehicle-to- 52101, 52103–05, 52108, 62001, and 74001 of the grams provide limited eligibility for inter- infrastructure equipment to reduce conges- Senate amendment, and modifications com- modal and freight rail projects. The Act also tion and improve safety. mitted to conference: modifies the National Highway Freight Net- Focus on Highway Safety work created by the Moving Ahead for KEVIN BRADY, The FAST Act increases the focus on road- DAVID G. REICHERT, Progress in the 21st Century Act (MAP–21), and requires the redesignation of the Net- way safety infrastructure and on the safety SANDER LEVIN, needs of pedestrians. In addition, there is an Managers on the Part of the House. work every five years to reflect changes in freight flows, including emerging freight cor- increase in funding to improve the safety of JAMES M. INHOFE, ridors and critical commerce corridors. railway-highway grade crossings. JOHN THUNE, The NSFHP program will facilitate the Additional Provisions ORRIN G. HATCH, construction of infrastructure projects that The FAST Act removes a requirement LISA MURKOWSKI, are difficult to complete solely using exist- which would have required states to collect DEB FISCHER, ing federal, state, local, and private funds. superfluous data on unpaved and gravel JOHN BARRASSO, Among other purposes, projects supported by roads. It also bans the use of funding for JOHN CORNYN, this program will reduce the impact of con- automated traffic enforcement systems. BARBARA BOXER, gestion, generate national and regional eco- Additional Explanatory Language BILL NELSON, nomic benefits, and facilitate the efficient The conferees intend that a wide range of RICHARD J. DURBIN, movement of freight. This program empha- freight projects be eligible under the new Managers on the Part of the Senate. sizes the importance of addressing transpor- formula and competitive grant programs, in- tation impediments, which significantly JOINT EXPLANATORY STATEMENT OF cluding projects that eliminate freight bot- slow interstate commerce. Across the coun- THE COMMITTEE OF CONFERENCE tlenecks, use new technologies to improve try there are significant bottlenecks that the efficiency of freight movement, and mod- The managers on the part of the House and could benefit from this program, which ify highways to provide additional freight the Senate at the conference on the dis- would provide substantial grant funding for capacity, including by physically separating infrastructure projects. agreeing votes of the two Houses on the passenger vehicles from commercial trucks. To address deficient bridges, the FAST Act amendment of the House to the amendment The conference report expands the flexi- continues the set-aside for off-system of the Senate to the bill (H.R. 22), to author- bility for the use of Congestion Mitigation bridges, and expands funding available for ize funds for Federal-aid highways, highway and Air Quality Improvement Program on-system bridges located off the National safety programs, and transit programs, and (CMAQ) funds for rural states and for the use Highway System. for other purposes, submit the following of CMAQ funds for port-related freight oper- joint statement to the House and the Senate Increases Flexibility ations and vehicle-infrastructure commu- in explanation of the effect of the action The FAST Act converts the Surface Trans- nications equipment. agreed upon by the managers and rec- portation Program (STP) to a block grant The conferees intend that none of the ommended in the accompanying conference program, maximizing the flexibility of STP amendments made by section 1308 affect the report: for states and local governments. It also in- authority of the U.S. Department of Justice

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00157 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.024 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8806 CONGRESSIONAL RECORD — HOUSE December 1, 2015 related to an approved state’s implementa- Promotes Wise Investments plus interest and penalty charges allowed by tion of NEPA that existed prior to the date The FAST Act includes a number of re- law if a project is not completed. This provi- of enactment of this Act. forms to the rolling stock procurement proc- sion is intended to ensure that all federal in- Pursuant to section 1403 of the conference ess in an effort to facilitate more cost-effec- terest is protected and returned plus interest report, conferees intend that additional mon- tive investments by public transportation if a public-private partnership fails to de- ies deposited into the Highway Trust Fund agencies. The conferees are aware that one of liver a project. by subsequent Acts shall automatically be the biggest challenges to capital asset acqui- Section 3005(b) requires the Secretary to made available for obligation to states, with- sition, particularly for small and rural pub- deliver an annual report on expedited project out further action by Congress. These adjust- lic transportation providers, is the high pur- delivery for capital grants. As with full fund- ments to contract authority, which will be chasing costs attributable to the relatively ing grant agreements under section 5309, this distributed among authorized programs in small size of the procurement. The Act ad- pilot program requires each recipient to con- the same manner as set forth in the FAST dresses current purchasing power issues for duct a before and after study report, with an Act, will ensure that any funding that flows smaller public transportation providers by additional description and analysis of pre- into the Highway Trust Fund can imme- supporting cooperative procurements and dicted and actual benefits and costs of the diately be used to fund necessary surface leasing. innovative project delivery and financing transportation investments. methods. Additional Explanatory Language The conference report includes a provision TITLE II—INNOVATIVE PROJECT FINANCE The conference report includes language to promote the local coordination of all Title II of the FAST Act makes additional clarifying the program of interrelated transportation services in an area. The pur- modifications to improve access to the projects under the Capital Investment Grant pose of this provision is to ensure that all TIFIA program and expand leveraging oppor- program. The conferees intend to ensure that transportation providers receiving federal tunities. Specifically, it updates the TIFIA project sponsors have the option to seek assistance coordinate the provision of serv- program to enable it to be better utilized by funding for a program that blends new fixed ice to improve mobility for the transpor- rural areas and more accessible for small guideway capital projects, core capacity im- tation disadvantaged, achieve service effi- projects. This is accomplished by using the provement projects, and small start projects ciencies, and reduce or eliminate the dupli- leveraging ability of TIFIA to support state as well as a program of projects that are cation of transportation services. Section infrastructure banks and allowing the U.S. only new fixed guideway capital projects, 3006(b) establishes the ‘‘Pilot Program for In- Department of Transportation (USDOT) to core capacity improvement projects, or novative Coordinated Access and Mobility’’ set-aside TIFIA funding in order to replace small start projects. to provide grants for innovative projects the fees typically collected from TIFIA bor- The conferees note the ongoing efforts of that improve the coordination of transpor- rowers to pay for independent financial anal- the USDOT in coordination with the U.S. De- tation services and non-emergency medical ysis and outside counsel for rural projects. partment of Treasury to advance the Build transportation, including the deployment of The conference report also directs USDOT America Investment Initiative (Initiative). technology. In section 3006(c), the conferees to establish a streamlined application proc- This Initiative is intended to increase infra- direct the members of the Interagency ess for use by an eligible applicant under cer- structure investment and economic growth Transportation Coordinating Council on Ac- tain circumstances. It also makes transit- by engaging with state and local govern- cess and Mobility (Council) to undertake ac- oriented development projects eligible to ments and private sector investors to en- tion to improve local coordination, establish apply for TIFIA loans and reinstates the courage collaboration, expand the market a cost-sharing policy, provide recommenda- ability of a state to capitalize their state in- for public-private partnerships and put fed- tions to Congress on eliminating federal bar- frastructure bank with their federal-aid eral credit programs to greater use. The con- riers to local coordination, and address rec- highway funds for fiscal years 2016 through ferees encourage the USDOT to utilize all ommendations made previously to the Coun- 2020. available tools, including the National Sur- cil by the Government Accountability Office Lastly, the conference report codifies an face Transportation and Innovative Finance (GAO) for member federal agencies. existing USDOT practice of allowing costs Bureau and the Expedited Project Delivery Section 3011 of the conference report in- related to highway projects delivered by a for Capital Investment Grants Pilot Program cludes a provision to allow rolling stock public-private partnership that uses an ad- established in section 3005(b) for public manufacturers that procure iron and steel vance construction authorization coupled transportation infrastructure projects. produced in the United States, as defined in with the availability payment concession Section 3005(b) establishes a program for 49 CFR 661.5(b), to include the cost of that model to be eligible for federal-aid reim- the expedited project delivery of projects iron and steel in the domestic content cal- bursement. utilizing public-private partnerships. The culation made pursuant to section TITLE III—PUBLIC TRANSPORTATION program streamlines the project delivery 5323(j)(2)(C), when such iron or steel is used Title III of the FAST Act reauthorizes the process for up to eight grants for new fixed in rolling stock frames and car shells. The programs of the Federal Transit Administra- guideway capital projects, core capacity im- conferees intend for this provision to apply tion (FTA) through FY 2020 and includes a provement projects, or small start projects. to rolling stock frames or car shells, regard- number of reforms to improve mobility, The conferees seek to expedite projects that less of where they are produced, provided the streamline capital project construction and have a federal interest of less than 25 per- iron or steel is produced in the United acquisition, and increase the safety of public cent. The conferees intend state and local States. transportation systems across the country. governments, as well as private investors to To increase accountability, section 3011 re- Invests in Public Transportation complete their due diligence for a project quires the Secretary, upon denial of a Buy prior to their agreement to commit to the The FAST Act provides stable, robust America waiver, to issue a written certifi- project. This pilot program maintains the funding for FTA’s state and local partners. cation that the item is produced in the Secretary’s discretion to determine that the The five years of predictable formula funding United States in a sufficient and reasonably eligible project is a part of an approved provided by this Act will enable recipients to available amount, the item is of satisfactory transportation plan; that the applicant has better manage their long-term capital assets quality, and includes a list of known manu- the legal, financial, and technical capacity and address the backlog of state of good re- facturers in the United States from which to carry out the project; that the project will pair needs. It also includes funding for new the item can be obtained. This section subse- be supported by a public-private partnership; competitive grant programs for buses and quently requires the Secretary to disclose that the project is supported by an accept- bus facilities, innovative transportation co- any waiver denial and subsequent written able degree of local financial commitment; ordination, frontline workforce training, and certification on the website of the USDOT. and that the project will be operated by ex- The conference report includes a definition public transportation research activities. isting public transportation providers. The of a small purchase to mean a purchase of Overall, the investments made by this Act conferees do not intend for public-private not more than $150,000 for the application of will promote greater mobility and access to partnerships to be a means to privatization, Buy America requirements in section 5323(j). public transportation services throughout rather the pilot program is intended to en- Section 3013 provides the Secretary with the Nation. sure that the FTA has all of the tools nec- increased authority to assist public trans- Improves Safety essary to allow public transportation infra- portation systems with severe safety needs. The FAST Act clarifies FTA’s safety au- structure projects to more effectively lever- MAP–21 granted the Secretary permission to thority with respect to the oversight of, and age public dollars and encourage private in- take enforcement actions against recipients responsibilities for, the safe operation of rail vestment through an innovative expedited that are noncompliant with federal transit fixed guideway public transportation sys- project delivery method. safety law. The conferees expect the Sec- tems. It also requires the Secretary of Trans- The conferees expect that all projects re- retary to utilize this authority to issue di- portation (Secretary) to undertake a review ceiving funding through this expedited proc- rectives, require more frequent oversight, of safety standards and protocols and evalu- ess enter into revenue service. Therefore, the impose more frequent reporting require- ate the need to establish federal minimum conference report includes a provision speci- ments, require that formula grant funds be public transportation safety standards. Fi- fying that an applicant must repay all fed- spent to correct safety deficiencies before nally, the Act requires the Secretary to pro- eral funds awarded for the project from all funds are spent on other projects, withdraw mote workforce safety through a rulemaking federal funding sources, for all eligible funds from a recipient, and provide direct process. project activities, facilities, and equipment, safety oversight when deemed necessary. In

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00158 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.026 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8807 addition, the conferees intend to provide tered by the National Highway Traffic Safe- process under which the public or the motor clarification that the FTA’s authority ex- ty Administration (NHTSA) through FY 2020 carrier industry can petition FMCSA to re- tends to each of the states in which a multi- and makes several reforms to existing law to vise or repeal regulations if they are no state fixed guideway public transportation help keep drivers, pedestrians, and our roads longer current, consistent, and uniformly en- system operates. safer. forced. The Act also consolidates nine exist- Section 3017 amends FTA’s Buses and Bus Prioritizes Emerging Safety Needs ing FMCSA grant programs into four and Facilities grant program to reflect a number streamlines program requirements to reduce of changes. This section allows recipients in The FAST Act enables states to spend more funds on the pressing safety needs administrative costs and regulatory burdens a state to pool formula funds to accommo- on states. date larger scale procurements. Subsection unique to their states by reallocating Provides Opportunities for Veterans (b) reinstitutes a competitive grant bus pro- unspent National Priority Safety Program gram to address the capital investment funds and increasing the percentage of such The FAST Act awards grant priority to needs of public transportation systems funds that can be flexed to each state’s tradi- programs that train veterans for careers in across the country. This competitive grant tional safety programs. It also requires the the trucking industry and reduces regu- program includes a 10 percent rural set-aside Secretary to study the feasibility of estab- latory barriers faced by veterans seeking and a limitation that not more than 10 per- lishing an impairment standard for drivers employment as commercial truck and bus cent of all grant amounts be awarded to a under the influence of marijuana and provide drivers. It also establishes a pilot program single grantee. States may also submit a recommendations on how to implement such for younger veterans and reserve members statewide application for bus needs to allow a standard. Finally, the Act requires NHTSA that received training during their service in the state, rather than the federal govern- to take additional actions to improve aware- the military to drive certain commercial ment to distribute competitively awarded ness of the dangers of drug impaired driving. motor vehicles in interstate commerce. grant funds. Improves Safety Reform of Compliance, Safety, Accountability The conference report also incorporates The FAST Act reforms the Impaired Driv- Program grants for low or no emission buses and bus ing Countermeasures, Distracted Driving, facilities, previously included in the research The FAST Act requires a thorough review and State Graduated Driver License incen- program, into the competitive bus program. and reform of the current enforcement tive grants to reduce unreasonable barriers The conferees note that these grants are ap- prioritization program to ensure that propriately situated in the bus program and to state eligibility, while strengthening in- FMCSA’s Compliance, Safety, Account- have included language to ensure that any centives for states to adopt laws and regula- ability analysis is the most reliable possible vehicles or facilities financed under this pro- tions to improve highway safety. It encour- for the public and for enforcement purposes. gram are ready for full integration into a ages states to increase driver awareness of Following reviews by the GAO, the U.S. De- public transportation system. Additionally, commercial motor vehicles. Finally, the Act partment of Transportation Inspector Gen- the new low or no emissions buses and bus creates a state grant to enhance safety for eral and various law enforcement organiza- facilities grant program includes project eli- bicyclists, pedestrians, and other non-motor- tions, the Act requires that FMCSA analysis gibility for rehabilitating or improving ex- ized users. of enforcement data be temporarily removed isting public transportation facilities to ac- Additional Explanatory Language from public websites on the day after enact- commodate low or no emission vehicles to The conferees are concerned about the dan- ment, until the agency has completed re- account for such things as retrofitting to in- gers posed by unsecured loads on non-com- forms required by this Act. Enforcement and clude charging stations. mercial vehicles. Federal grant funds for inspection data reported by states and en- The conferees are aware that one of the state-run safety campaigns raising aware- forcement agencies will remain available for biggest challenges to capital asset acquisi- ness about the dangers posed by unsecured public view. tion, particularly for small and rural public loads are currently eligible for funding under Additional Explanatory Language transportation providers, is the high pur- State Highway Safety Programs (23 U.S.C. chasing costs attributable to the relatively Section 5101 requires that states grant 402). Therefore, the conferees encourage small size of the procurement. The conferees maximum reciprocity for inspections con- states to address unsecured loads the next intend to address current purchasing power ducted using a nationally accepted system time they submit their State Highway Safe- issues for smaller public transportation pro- that allows ready identification of pre- ty Program for approval by the Secretary or viders in a variety of ways. First, the con- viously inspected commercial motor vehi- through other state initiatives. ference report includes a provision allowing cles. The conferees believe that decals used The conferees are concerned with the num- multiple states and providers to purchase to meet this requirement should adhere to ber of deaths due to impaired driving. The capital assets through cooperative procure- design and functional requirements as speci- conference report includes Senate language ments. These procurements allow one state fied by the Secretary. Section 5101 also pro- to create an incentive grant for states that to act as a lead procurement agency in an vides additional flexibility for states to exer- administrative capacity on behalf of each provide a 24–7 sobriety program available for cise the ‘‘Right of Entry’’ requirement pro- participant to the contract. These voluntary use within a state. vided by the Motor Carrier Safety Assistance As a condition of receiving grant funds, cooperative procurements will enable pro- Program to ensure that alternate methods NHTSA currently requires states to sign cer- viders purchasing similar capital assets to for gaining access to motor carriers can be pool their procurement requests, which will tifications and assurances that they comply used to satisfy inspection or enforcement re- increase the size of the request and result in with applicable statutes and regulations quirements. the procurement receiving a more competi- with regard to maintenance of effort require- The FMCSA has informed the conferees tive bid from the manufacturers. This provi- ments. The conference report provides addi- and the conferees agree that nothing in sec- sion will not only support the needs of small tional flexibility to allow states to certify tion 5402 authorizes the use of hair testing as and rural public transportation providers, compliance with maintenance of effort re- an alternative to urine tests until the U.S. but also provide additional purchasing op- quirements. Therefore, the conferees expect Department of Health and Human Services portunities for large and medium-sized pub- that NHTSA should reasonably defer to state establishes federal standards for hair testing. lic transportation providers. interpretations and analyses that underpin The conferees intend section 5501 to be car- In addition, the conference report creates a such certifications. ried out to identify delays experienced by pilot program to allow up to three geo- TITLE V—MOTOR CARRIERS commercial motor vehicle drivers, including graphically diverse nonprofits to host coop- Title V of the FAST Act reauthorizes the during the loading and unloading of goods at erative procurement contracts. These are in- programs of the Federal Motor Carrier Safe- shipper and receiver facilities. The conferees tended to be separate from the state coopera- ty Administration (FMCSA) through FY 2020 do not intend this provision to measure pro- tive purchasing contracts and provide an- and includes several reforms to improve ductivity at ports. other opportunity for public transportation truck and bus safety, while reducing regu- Section 5515 requires the Administrator of systems of all sizes to enhance their pur- latory burdens. the FMCSA to conduct a study on the safety chasing options. Improves Safety effects of a motor carrier operator com- Section 3019 of the conference report re- muting more than 150 minutes. On June 17, duces the barriers for transit agencies to de- The FAST Act incentivizes the adoption of 2014, a tractor-trailer struck a van near velop and enter into leasing arrangements innovative truck and bus safety technologies Cranbury, New Jersey, killing one person for public transportation equipment or fa- and accelerates the implementation of safety and injuring several others. According to the cilities by removing existing regulatory re- regulations required by law. The Act also au- National Transportation Safety Board, the quirements that have impeded the authority thorizes a new testing method to detect the truck driver had been awake more than 24 of transit agencies seeking to reduce long- use of drugs and alcohol by commercial hours at the time of the crash. In addition, term capital costs. The conference report en- motor vehicle drivers. the Georgia-based driver had driven 12 hours sures that the terms of a lease agreement are Reduces Regulatory Burdens overnight to his job in Delaware before start- negotiated by the grantee to best suit their The FAST Act reforms the regulatory ing his shift. The study shall address the short- and long-term needs. process by requiring FMCSA to use the best prevalence of long commutes in the industry TITLE IV—HIGHWAY TRAFFIC SAFETY available science and data on various seg- and the impact on safety. Title IV of the FAST Act reauthorizes ments of the trucking industry when devel- Conferees expect that the implementation highway traffic safety programs adminis- oping rulemakings and by establishing a of section 5516 will provide the maximum

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00159 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.027 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8808 CONGRESSIONAL RECORD — HOUSE December 1, 2015 flexibility possible to re-route longer com- nisms that preserve a user fee structure to Emergency Response Commissions (SERCs). bination vehicles in the affected state to di- maintain the long-term solvency of the It prohibits the withholding of train com- vided highways, highway facilities designed Highway Trust Fund. It is essential that the position information from first responders in for freight transportation, or along routes federal government properly invest in our in- the event of an accident, incident, or emer- that will enhance overall highway safety. frastructure by looking to alternative rev- gency. The Act requires the USDOT to estab- In implementing section 32934 of MAP–21, enue sources. lish security and confidentiality protections FMCSA determined that the language in The conferees believe that federal, state, for the release of any information intended subsection (b), which ensures that federal and local agencies must be prepared for the for fusion centers, SERCs, or other author- transportation funds to a state would ‘‘not future growth and adoption of innovative ized persons. It also requires a GAO study on be terminated, limited, or otherwise inter- technologies such as autonomous vehicles the quality of emergency response informa- fered with,’’ only applied with respect to the and that the ITS program should support re- tion carried by train crews. exemptions enumerated in subsection (a) and search initiatives that are engaged in the re- Improves Tank Car Safety Requirements not with respect to any further exemption or search, development, testing, and validation The FAST Act enhances safety by requir- other minimum standard imposed by state of autonomous vehicle technologies. ing new tank cars to be equipped with ‘‘ther- Subtitle C of Title V of the Water Re- law or regulation. Section 5518 clarifies that mal blankets,’’ mandating all legacy DOT– sources Reform and Development Act of 2014 states which enact laws or regulations that 111 tank cars in flammable liquids service (128 Stat. 1332–1345) established the ‘‘Water exempt or impose other minimum standards are upgraded to new retrofit standards re- Infrastructure Finance and Innovation Act’’ beyond those enumerated in subsection (a) gardless of the product shipped, and setting (WIFIA), a program designed to assist a wide for farm vehicles and the drivers of such ve- minimum requirements for the protection of array of water resources infrastructure hicles will not lose federal transportation certain valves. Further, it requires reporting projects intended to attract private capital, funds. FMCSA reviewed this section and in- on the industry-wide progress and capacity along with state and local public capital, formed the conferees that it will be imple- to modify DOT–111 tank cars. Finally, the alongside federal investment.Section 1445 of mented in the manner described above. Act requires a derailment test and an inde- the conference report modifies the WIFIA TITLE VI—INNOVATION pendent evaluation to investigate braking program to ensure both public and private technology requirements for the movement Title VI of the FAST Act reauthorizes the capital have an equal opportunity to partici- of trains carrying certain hazardous mate- programs for the research activities of the pate, thereby ensuring financing is ade- rials, and it requires the Secretary to deter- USDOT through FY 2020 and includes several quately leveraged. Some have expressed con- mine, fully incorporating the results of the provisions to promote innovation and the cerns that modifying the prohibition on the testing and evaluation, whether recent elec- use and deployment of transportation tech- use of tax exempt debt financing may inad- tronically-controlled pneumatic braking sys- nologies to address various surface transpor- vertently disadvantage private capital being tem requirements are justified. tation needs. used in financing projects.The conferees Invests in Innovation would request that as the Environmental TITLE VIII—MULTIMODAL FREIGHT The FAST Act provides dedicated Highway Protection Agency and the US Army Corps TRANSPORTATION Trust Fund authorizations to carry out re- of Engineers continue to implement the Title VIII of the FAST Act focuses atten- search and development, technology deploy- WIFIA program, the agencies include speci- tion on the importance of multimodal ment, training and education, intelligent fications that will ensure private capital has freight transportation as a foundation for transportation systems activities, grants to an equal opportunity to engage in the fi- the United States to compete in the global University Transportation Centers, and to nancing of these projects. economy. The Act establishes a multimodal administer the Bureau of Transportation TITLE VII—HAZARDOUS MATERIAL freight policy and a national multimodal Statistics (BTS). TRANSPORTATION freight strategic plan and designates a Na- tional Multimodal Freight Network to assist Emphasizes Technology Title VII of the FAST Act strengthens and states in strategically directing resources advances the safe and efficient movement of The FAST Act ensures that these programs and informing freight transportation plan- hazardous materials through a number of re- areimplemented and Intelligent Transpor- ning. tation Systems (ITS) are deployed in a tech- forms and safety improvements. It also au- The FAST Act encourages each state to es- nology neutral manner.The Act promotes thorizes hazardous materials safety and tablish a freight advisory committee com- technology neutral policies that accelerate grant programs for fiscal years 2016 through prised of freight stakeholders to provide vehicle and transportation safety research, 2020. input on freight projects and funding needs. development and deployment by promoting Enhances Emergency Preparedness and Re- Further, states will be required to develop a innovation and competitive market-based sponse fiscally-constrained freight plan, either inde- outcomes, while using federal funds effi- The FAST Act reforms an underutilized pendently or incorporated into the broader ciently and leveraging private sector invest- grant program to get more resources to transportation planning process. ment across the automotive, transportation states and Indian tribes for emergency re- Additional Explanatory Language and technology sectors. sponse, while also granting states more The conferees intend for states to solicit Promotes Safety power to decide how to spend their planning input from a broad range of freight stake- The FAST Act encourages FHWA and and training grants to improve emergency holders in adding mileage to the National other federal agencies, states, local govern- response. It helps better leverage training Multimodal Freight Network, including crit- ments, and stakeholders to examine addi- funding for hazardous materials employees ical rural freight corridors. The conferees in- tional ways that they can safely and expedi- and those enforcing hazardous material regu- tend for states to take a strong lead in desig- ently drive the adoption, deployment, and lations. nating facilities for inclusion in the final Na- delivery of innovative technology and tech- Streamlines Processes and Creates Certainty tional Multimodal Freight Network. niques that would enhance the safety and ef- and Transparency for Industry The conferees emphasize the importance of ficiency of the Nation’s roadways. The FAST Act accelerates the administra- the national strategic freight plan, which Establishes a Competitive Deployment Program tive process and reduces inefficiencies to cre- will now be multimodal in scope, and, among The FAST Act establishes a competitive ate certainty for the hazardous materials in- other things, will assess the conditions and advanced transportation and congestion dustry with special permits and approvals. performance of the National Multimodal management technologies deployment grant The Act requires a full review of third-party Freight Network, and develop best practices program to promote the use of innovative classification labs to ensure the labs can per- for improving the performance of the Net- transportation solutions. The deployment of form such examinations in a manner that work, including critical commerce corridors these technologies will provide Congress and meets the hazardous materials regulations. and critical urban and rural access to crit- USDOT with valuable real life data and feed- Furthermore, it allows the Pipelines and ical freight corridors. back to inform future decision making. Hazardous Materials Safety Administration TITLE IX—NATIONAL SURFACE TRANSPOR- (PHMSA) to respond more effectively during TATION AND INNOVATIVE FINANCE BUREAU Updates Federal Regulations national emergencies. Finally, it requires Title IX of the FAST Act establishes the The use of transportation technologies by PHMSA to withdraw a rulemaking on National Surface Transportation and Innova- state and local partners is growing, and the ‘‘wetlines’’ consistent with a GAO study rec- tive Finance Bureau (Bureau) within FAST Act makes several changes to ensure ommending that PHMSA collect more data USDOT. The Bureau will serves as a one- that federal regulations promote innovation, before proceeding further. stop-shop for states and local governments not stand in its way. Enhances Information Available to First Re- to receive federal financing or funding as- Additional Explanatory Language sponders sistance, as well as technical assistance, in The conference report provides for the col- The FAST Act requires Class I railroads to order to move forward with complex surface lection of statistics on port capacity and generate accurate, real-time, electronic transportation projects. The Act directs the throughput for the 25 largest ports to be re- train composition information for first re- Bureau to administer the application process ported annually by the BTS. sponders through agreements with fusion for various credit assistance programs and The conference report focuses on research centers and to provide information about the NSFHP program; promote innovative fi- for user based alternative revenue mecha- certain flammable liquid shipments to State nancing best practices; reduce uncertainty

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00160 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.028 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8809 and delays with environmental reviews and east Corridor net operating revenues to be The FAST Act also establishes a process permitting; reduce costs and risks to tax- re-invested into the Corridor’s substantial for obtaining a public version of a bridge in- payers in project delivery; and procurement. capital investment needs, while ensuring spection report, such as a summary form. The Act also gives the Secretary the author- Amtrak has the tools and resources needed However, it does not require a railroad to ity to consolidate or eliminate different of- to efficiently operate its National Network. provide, or authorize the FRA to provide, fices within USDOT. These targeted im- The Act also creates a State-Supported any copy of any bridge inspection report pre- provements are based on previous congres- Route Committee to encourage a more col- pared in accordance with section 417 of the sionally initiated reforms, oversight, and laborative relationship between states, Am- Rail Safety Improvement Act of 2008 to any USDOT led pilot projects that seek to reduce trak, and USDOT regarding state-supported state, political subdivision of a state, or project delays and maximize taxpayer fund- routes for which states provide financial re- other unauthorized persons. ing. sources. Finally, the Act encourages non-fed- Finally, the FAST Act establishes a Coun- eral participation in certain elements of Am- Project Delivery cil on Credit and Finance (Council) within trak’s system by creating station develop- Moving projects through the federal review USDOT. It requires the Council to review ap- ment opportunities for the private sector; process can be challenging given the number plications for various credit assistance pro- exploring the potential for new revenue of agencies and entities involved. Subtitle E grams and the NSFHP program, as appro- streams through right-of-way development; of this title, the Train, Railroad, and Infra- priate, and then make recommendations to and facilitating the use of local products on structure Network Act, streamlines the the Secretary about which applications Amtrak routes. process for approving rail projects without should receive federal financing or funding Intercity Passenger Rail Policy compromising our historic and natural re- assistance. The FAST Act includes provisions to im- sources. It does so by applying important prove the Nation’s rail infrastructure and its TITLE X—SPORT FISH RESTORATION AND provisions already in law for other modes of intercity passenger rail service, while ensur- RECREATIONAL BOATING SAFETY transportation to rail projects. It directs the ing sound use of taxpayer investments in Title X of the FAST Act reauthorizes ex- Secretary to apply to rail—to the greatest passenger rail projects. The subtitle author- penditure authority for the Dingell-Johnson extent feasible—the expedited environmental izes a new Consolidated Rail Infrastructure Sport Fish Restoration Act through FY 2020 review procedures already used for highways and Safety Improvements grant program to and reforms grant programs to reduce ad- and transit. It also requires the Secretary to support a broad array of rail projects and ac- ministrative costs and increase flexibility engage in a process to identify additional tivities, using cost-benefit analysis prin- for states. The Act also provides parity for categorical exclusions used in transportation ciples for project selection, and repeals du- the Coast Guard by establishing a set-aside projects and to propose new and existing ex- for the Service’s administrative expenses. plicative grant programs. It authorizes a Federal-State Partnership for State of Good clusions for rail. With respect to historic Additional Explanatory Language Repair grant program designed to improve sites, it preserves existing requirements for The conferees understand that funds pro- critical rail assets with a backlog of deferred important historic sites, such as historic sta- vided under section 10001 are sufficient to maintenance, such as Northeast Corridor in- tions, while ensuring expedited delivery of pay the salaries and expenses of some, but frastructure. It also authorizes a Restoration critical improvements to rail infrastructure. not all, of the personnel whose duties exclu- and Enhancement Grant program to assist It ensures that improvements to certain sively involve boating safety, but who are with, on a competitive basis, the initiation bridges and tunnels over which common-car- currently funded out of the Service’s Oper- or restoration of routes formerly operated by rier service has been discontinued or ating Expenses account. Under the authority Amtrak, including the rail service discon- railbanked, but not those bridges and tun- provided by section 10002, the conferees ex- tinued in the wake of Hurricane Katrina. nels abandoned from the interstate rail net- pect the Coast Guard to use any additional This program is paired with funding for a work, are not considered a use of a historic funds provided under section 10001 to pay Gulf Coast Working Group to study the re- site. This will create an improved and more only the salaries and expenses of personnel turn of this service. equitable way for the USDOT to manage fed- whose duties exclusively involve boating The Act also includes provisions to en- eral permitting and reviews for all surface safety. hance collaborative capital planning efforts transportation programs, regardless of mode. The majority of the U.S. Fish and Wildlife amongst all Northeast Corridor users. The Financing Service’s (USFWS) grants management work Act creates competitive opportunities for with state fish and wildlife agencies occurs intercity passenger rail routes and strength- Innovative financing programs are a meth- at the regional level. As a result, the con- ens requirements for large capital projects od to advance major infrastructure. The ferees direct the USFWS to prioritize the use funded with federal dollars. All grant pro- Railroad Rehabilitation Improvement and of administrative funds by regional offices to grams are subject to the grant conditions Financing (RRIF) program is authorized to improve grant administration timeliness and contained in section 24405 of title 49, United provide loans and loan guarantees to rail- responsiveness to state fish and wildlife States Code. road projects, ranging from short-line rail- agencies. Rail Safety road equipment to passenger rail facilities. TITLE XI—RAIL The safe movement of goods and people by While this program provides attractive low- Title XI of the FAST Act reforms Amtrak rail remains the top rail policy priority of interest, long-term financing, it has not been to improve its business operations and plan- both the Committee on Transportation and extensively utilized, and its inflexible terms ning; improves rail infrastructure; strength- Infrastructure of the House of Representa- and limited consideration of project-finance ens freight and passenger rail safety; acceler- tives and the Committee on Commerce, style lending features limit its utility to ates project delivery; and leverages innova- Science, and Transportation of the Senate. large-scale infrastructure projects. Subtitle tive rail financing, including potential pri- The Federal Railroad Administration (FRA) F of this title, the Railroad Infrastructure vate sector capital, by reforming an under- recently reported that fiscal year 2014 was Financing Improvement Act (RIFIA), in- utilized loan program. one of the safest years on record, and the cludes several provisions designed to unlock Authorizations agency noted that, since fiscal year 2005, this program by streamlining USDOT’s ap- total train accidents have declined by 46 per- proval processes; mirroring programmatic The FAST Act authorizes fiscally-respon- cent, total derailments have declined by 47 features similar to the successful TIFIA pro- sible levels for Amtrak, under a new struc- percent, and total highway-rail grade cross- gram to make RRIF a more flexible lender; ture that provides separate funding author- ing incidents have declined by 24 percent. and making it easier to develop partnerships izations for the Northeast Corridor and the The FAST Act aims to further increase safe- that combine RRIF loans with other types of National Network. It also authorizes three ty. financing, including private financing. It grant programs to help improve the Nation’s The FAST Act includes several provisions also requires the Secretary to pay back the rail infrastructure to meet the future needs to improve the safety of highway-rail grade credit risk premium, with interest, to a bor- of freight and passenger movement. crossings, including grade crossing safety ac- rower that has repaid its RRIF loan, regard- Amtrak Reforms tion plans, a private grade crossing study, less of whether the loan is or was included in The FAST Act makes significant reforms and an evaluation on the use of locomotive a cohort. The intent of this provision is for to the way Amtrak structures its financial horns at grade crossings. Additionally, the the Secretary to pay back such credit risk reporting and planning functions. This Act Act includes requirements to strengthen the premium, with interest, as soon as feasible aligns these critical functions along Am- safety of passenger rail, including loco- but not later than three months after the trak’s core operating business lines. All of motive recording devices, speed limit action date of enactment. Finally, subtitle F in- Amtrak’s financial, business, and asset ac- plans, and locomotive alerters. It also in- cludes language that modifies general au- tivities are required to be organized in a way cludes a post-accident assessment for the thority to provide direct loans under RRIF that supports the corporation’s major busi- Amtrak accident on May 12, 2015, in Phila- to include at least one of the eligible appli- ness lines. These provisions will allow North- delphia, Pennsylvania. cants in a joint venture.

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DIVISION A—SURFACE TRANSPORTATION 1 1 Short title; table of contents ...... Senate recedes with modifications. 2 2 3 Definitions...... Senate recedes. 3 4 Effective date...... Senate recedes. 4 ...... References ...... Senate recedes. TITLE I—FEDERAL-AID HIGHWAYS Subtitle A—Authorizations and Programs 1101 11001 Authorization of appropriations ...... Senate recedes with modifications. 1102 11002 Obligation ceiling...... Senate recedes with modifications. 1103 ...... Definitions ...... Senate recedes. 1104 11003 Apportionment ...... Senate recedes with modifications. 1105 ...... National highway performance program ...... Senate recedes. 1106 11004 Surface transportation block grant program ...... Senate recedes with modifications. 11014 1107 35401 Railway-highway grade crossings ...... Senate recedes. 1108 11011 Highway safety improvement program ...... Senate recedes with modifications. 11012 1109 11013 Congestion mitigation and air quality improvement program ...... House recedes with modifications. 1110 43001 National highway freight policy ...... Senate recedes with modifications. 1111 44001 Nationally significant freight and highway projects ...... Senate recedes with modifications. 44002 1112 ...... Territorial and Puerto Rico highway program ...... Senate recedes. 1113 12101 Federal lands and tribal transportation program ...... Senate recedes with modifications. 1114 11024 Tribal transportation program amendment ...... House recedes. 1115 11027 Federal lands transportation program ...... Senate recedes with modifications. 1116 ...... Tribal transportation self-governance program ...... Senate recedes. 1117 11020 Emergency relief for federally owned roads ...... House recedes. 1118 11007 Highway use tax evasion projects ...... Senate recedes with modifications. 1119 11008 Bundling of bridge projects ...... Senate recedes. 1120 ...... Tribal High Priority Projects program ...... House recedes. 1121 11010 Construction of ferry boats and ferry terminal facilities ...... House recedes. Subtitle B—Planning and Performance Management 1201 11005 Metropolitan transportation planning ...... House recedes with modifications. 1202 11006 Statewide and nonmetropolitan transportation planning ...... House recedes with modifications. Subtitle C—Acceleration of Project Delivery 1301 11116 Satisfaction of requirements for certain historic sites ...... Senate recedes. 1302 ...... Treatment of improvements to rail and transit under preservation requirements ...... Senate recedes. 1303 ...... Clarification of transportation environmental authorities ...... Senate recedes. 1304 11117 Bridge exemption from consideration under certain provisions ...... House recedes. 1305 11103 Efficient environmental reviews for project decisionmaking ...... Senate recedes with modifications. 11104 11105 11106 1306 11107 Improving transparency in environmental reviews ...... Senate recedes with modifications. 1307 11108 Integration of planning and environmental review ...... House recedes with modifications. 31106 1308 11109 Development of programmatic mitigation plans ...... Senate recedes with modifications. 1309 ...... Delegation of authorities ...... Senate recedes with modifications. 1310 11101 Categorical exclusion for projects of limited Federal assistance ...... Senate recedes. 1311 11113 Application of categorical exclusions for multimodal projects ...... Senate recedes. 31105 1312 11112 Surface transportation project delivery program ...... Senate recedes with modifications. 1313 ...... Program for eliminating duplication of environmental reviews ...... Senate recedes with modifications. 1314 12202 Assessment of progress on accelerating project delivery ...... Senate recedes. 1315 ...... Improving State and Federal agency engagement in environmental reviews ...... Senate recedes with modifications. 1316 31103 Accelerated decisionmaking in environmental reviews ...... Senate recedes. 11110 1317 31104 Aligning Federal environmental reviews ...... Senate recedes with modifications...... 31101 Delegation of authority ...... Senate recedes...... 31102 Infrastructure Permitting Improvement Center ...... Senate recedes. Subtitle D—Miscellaneous 1401 11017 Tolling; HOV facilities; Interstate reconstruction and rehabilitation ...... Senate recedes with modifications. 11018 11019 1402 ...... Prohibition on the use of funds for automated traffic enforcement ...... Senate recedes. 1403 11205 Repeat offender criteria ...... House recedes with modifications. 34104 1404 12204 Highway Trust Fund transparency and accountability ...... Senate recedes with modifications. 1405 11204 High priority corridors on National Highway System ...... Senate recedes. 1406 11009 Flexibility for projects ...... Senate recedes. 1407 11009 Productive and timely expenditure of funds ...... Senate recedes. 1408 11015 Consolidation of programs ...... Senate recedes. 1409 11028 Federal share payable ...... Senate recedes with modifications. 1410 ...... Elimination or modification of certain reporting requirements ...... Senate recedes. 1411 14001 Technical corrections...... Senate recedes with modifications. 1412 12208 Safety for users ...... Senate recedes. 14001 1413 12208 Design standards...... Senate recedes. 1414 ...... Reserve fund...... Senate recedes with modifications. 1415 ...... Adjustments ...... Senate recedes with modifications. 1416 11022 National electric vehicle charging, hydrogen, propane, and natural gas fueling corridors ...... Senate recedes with modifications. 1417 ...... Ferries ...... House recedes. 1418 15005 Study on performance of bridges ...... House recedes. 1419 11207 Relinquishment of park-and-ride lot facilities ...... Senate recedes. 1420 ...... Pilot program...... Senate recedes with modifications. 1421 ...... Innovative project delivery examples ...... Senate recedes. 1422 15004 Administrative provisions to encourage pollinator habitat and forage on transportation rights-of-way ...... Senate recedes. 1423 ...... Milk products...... Senate recedes. 1424 11203 Interstate weight limits for emergency vehicles ...... House recedes. 1425 11203 Vehicle weight limitations—Interstate System ...... Senate recedes with modifications. 1426 ...... New national goal, performance measure, and performance target ...... House recedes. 1427 11115 Service club, charitable association, or religious service signs ...... Senate recedes. 1428 ...... Work zone and guard rail safety training ...... Senate recedes. 1429 ...... Motorcyclist advisory council ...... Senate recedes with modification. 1431 ...... Highway work zones ...... Senate recedes with modifications. 1432 ...... Study on State procurement of culvert and storm sewer materials ...... House recedes. 1433 ...... Use of durable, resilient, and sustainable materials and practices ...... Senate recedes. 1434 ...... Strategy to address structurally deficient bridges ...... House recedes. 1435 ...... Sense of Congress ...... Senate recedes. 1436 ...... Identification of roadside highway safety hardware devices ...... Senate recedes.

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1437 ...... Use of modeling and simulation technology ...... Senate recedes. 1438 ...... National Advisory Committee on Travel and Tourism Infrastructure ...... Senate recedes. 1439 ...... Regulation of motor carriers of property ...... Senate recedes. 1440 ...... Emergency exemptions...... Senate recedes with modifications. 1441 ...... Program to assist veterans to acquire commercial driver’s licenses ...... Senate recedes with modifications. 1442 ...... Operation of certain specialized vehicles on certain highways in the State of Arkansas ...... Senate recedes. 1444 ...... Exemptions from requirements for certain welding trucks used in pipeline industry ...... Senate recedes. 1443 ...... Projects for public safety relating to idling trains ...... Senate recedes with modifications. 1445 ...... Waiver ...... Senate recedes. 1446 ...... Federal authority...... House recedes...... 11016 State flexibility for National Highway System modifications ...... House recedes...... 11021 Bridges requiring closure or load restrictions ...... Senate recedes...... 11023 Asset management...... House recedes with modifications...... 11025 Nationally significant Federal lands and Tribal projects program ...... House recedes with modifications...... 11026 Federal lands programmatic activities ...... House recedes...... 11029 Obligation and release of funds ...... Senate recedes...... 11102 Programmatic agreement template ...... House recedes...... 11110 Adopting of Departmental environmental documents ...... Senate recedes...... 11111 Technical assistance for States ...... House recedes...... 11114 Modernization of the environmental review process ...... House recedes...... 11118 Elimination of barriers to improve at-risk bridges ...... House recedes...... 11119 At-risk project preagreement authority ...... House recedes...... 11201 Credits for untaxed transportation fuels ...... Senate recedes...... 11202 Justification reports for access points on the Interstate System ...... House recedes...... 11206 Vehicle-to-infrastructure equipment...... House recedes with modifications...... 11208 Transfer and sale of toll credits ...... Senate recedes...... 11209 Regional infrastructure accelerator demonstration program ...... House recedes...... 11210 Sonoran Corridor Interstate development ...... Senate recedes...... 12102 Performance management data support program ...... House recedes...... 12201 Every Day Counts initiative ...... Senate recedes...... 12203 Grant program for achievement in transportation for performance and innovation ...... Senate recedes...... 12205 Report on highway trust fund administrative expenditures ...... House recedes...... 12206 Availability of reports ...... House recedes...... 12207 Performance period adjustment ...... House recedes...... 15001 Appalachian regional development highway system ...... House recedes...... 15002 Appalachian regional development program ...... House recedes...... 15003 Water infrastructure finance and innovation ...... House recedes. TITLE II—INNOVATIVE PROJECT FINANCE 2001 13001 Transportation Infrastructure Finance and Innovation Act of 1998 amendments ...... House recedes with modifications. 2002 13001 State infrastructure bank program ...... House recedes with modifications. 2003 ...... Availability payment concession model ...... Senate recedes. 2004 ...... Streamlined application process ...... House recedes with modifications. TITLE III—PUBLIC TRANSPORTATION 3001 21001 Short title...... Senate recedes. 3002 21002 Definitions ...... Senate recedes with modifications. 3003 21003 Metropolitan and statewide transportation planning ...... House recedes with modifications. 21004 3004 21005 Urbanized area formula grants ...... Senate recedes with modifications. 3005 21006 Fixed guideway capital investment grants ...... House recedes with modifications. 3006 ...... Formula grants for enhanced mobility of seniors and individuals with disabilities ...... Senate recedes. 3007 21008 Formula grants for rural areas ...... House recedes with modifications. 3008 21009 Research, development, demonstration, and deployment program ...... House recedes with modifications. 3009 21012 Human resources and training ...... House recedes with modifications. 3010 21020 Bicycle facilities...... House recedes with modifications. 3011 21013 General provisions...... Senate recedes with modifications. 3012 21015 Public transportation safety program ...... Senate recedes with modifications. 3013 ...... Apportionments ...... Senate recedes with modifications. 3014 21016 State of good repair grants ...... Senate recedes with modifications. 3015 21017 Authorizations...... House recedes with modifications. 3016 21018 Bus and bus facility grants ...... Senate recedes with modifications. 3017 ...... Obligation ceiling...... Senate recedes with modifications. 3018 21011 Innovative procurement...... Senate recedes with modifications. 3019 ...... Review of public transportation safety standards ...... Senate recedes. 3020 ...... Study on evidentiary protection for public transportation safety program information ...... Senate recedes with modifications. 3021 21007 Mobility of seniors and individuals with disabilities ...... Senate recedes with modifications. 3022 ...... Improved transit safety measures ...... Senate recedes. 3023 ...... Paratransit system under FTA approved coordinated plan ...... Senate recedes with modifications. 3024 ...... Report on potential of Internet of Things ...... Senate recedes. 3025 ...... Report on parking safety ...... Senate recedes with modifications. 3026 ...... Appointment of directors of the Washington Metropolitan Area Transit Authority ...... Senate recedes. 3027 ...... Effectiveness of public transportation changes and funding ...... Senate recedes. 3028 ...... Increase support for Growing States ...... House recedes...... 21010 Private sector participation ...... House recedes...... 21014 Project management oversight ...... House recedes with modifications...... 21019 Salary of Federal Transit Administrator ...... House recedes with modifications...... 21020 Technical and conforming amendments ...... House recedes with modifications...... 31108 Authorization of grants for positive train control ...... House recedes with modifications. TITLE IV—HIGHWAY TRAFFIC SAFETY 4001 34101 Authorization of appropriations ...... House recedes with modifications. 4002 34102 Highway safety programs ...... Senate recedes with modifications. 4003 ...... Highway safety research and development ...... Senate recedes with modifications. 4004 ...... High-visibility enforcement program ...... Senate recedes with modifications. 4005 34102 National priority safety programs ...... Senate recedes with modifications. 34103 34132 34134 4006 34122 Stop motorcycle checkpoint funding...... House recedes. 4007 ...... Marijuana-impaired driving...... Senate recedes...... 34106 Increasing public awareness of the dangers of drug-impaired driving ...... House recedes. 4008 ...... National priority safety program grant eligibility ...... Senate recedes. 4009 ...... Data collection...... Senate recedes with modifications 4010 34141 Technical corrections...... Senate recedes...... 34105 Study on the national roadside survey of alcohol and drug use by drivers ...... House recedes...... 34121 Short title ...... Senate recedes. 34131 ...... 34133 Barriers to Data Collection Report ...... House recedes with modifications. TITLE V—MOTOR CARRIER SAFETY Subtitle A—Motor Carrier Safety Grant Consolidation 5101 32502 Grants to States ...... Senate recedes with modifications. 5102 32504 Performance and registration information systems management ...... Senate recedes. 5103 32505 Authorization of appropriations ...... Senate recedes with modifications. 5104 32506 Commercial driver’s license program implementation ...... Senate recedes.

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5105 32507 Extension of Federal motor carrier safety programs for fiscal year 2016 ...... Senate recedes with modifications. 5106 32508 Motor carrier safety assistance program allocation ...... Senate recedes with modifications. 5107 32509 Maintenance of effort calculation ...... Senate recedes...... 32501 Definitions ...... Senate recedes. Subtitle B—Federal Motor Carrier Safety Administration Reform Part I—Regulatory Reform 5201 32603 Notice of cancellation of insurance ...... Senate recedes. 5202 32305 Regulations ...... Senate recedes with modifications. 5203 32303 Guidance ...... Senate recedes with modifications. 5204 32304 Petitions ...... Senate recedes with modifications...... 32201 Petitions for regulatory relief ...... House recedes with modifications...... 32202 Inspector standards...... House recedes. Part II—Compliance, Safety, Accountability Reform 5221 32001 Correlation study...... Senate recedes with modifications. 5222 32002 Beyond compliance...... Senate recedes with modifications. 5223 32003 Data certification...... Senate recedes with modifications. 5224 ...... Interim hiring standard ...... House recedes...... 32004 Data improvement...... House recedes...... 32005 Accident report information ...... House recedes with modifications. Subtitle C—Commercial Motor Vehicle Safety 5301 32301 Update on statutory requirements ...... House recedes with modifications. 5302 32601 Windshield technology...... House recedes. 5303 32302 Prioritizing statutory rulemakings ...... Senate recedes with modifications. 5304 ...... Safety reporting system ...... Senate recedes. 5305 32503 New entrant safety review program ...... Senate recedes. 5306 32201 Ready mixed concrete trucks ...... House recedes...... 32006 Post-accident report review ...... House recedes with modifications ...... 32007 Recognizing excellence in safety ...... Senate recedes...... 32008 High risk carrier reviews ...... House recedes. Subtitle D—Commercial Motor Vehicle Drivers 5401 ...... Opportunities for veterans ...... Senate recedes with modification. 5402 32611 Drug-free commercial drivers ...... Senate recedes. 5403 ...... Certified medical examiners ...... House recedes. 5404 32403 Commercial driver access ...... House recedes with modifications. 5405 ...... Veterans expanded trucking opportunities ...... Senate recedes with modifications. Subtitle E—General Provisions 5501 ...... Minimum financial responsibility ...... Senate recedes with modifications. 5502 ...... Delays in goods movement ...... Senate recedes. 5503 ...... Report on motor carrier financial responsibility ...... Senate recedes with modifications. 5504 32401 Emergency route working group ...... Senate recedes. 5505 32606 Household goods consumer protection working group ...... Senate recedes with modifications. 5506 32203 Technology improvements...... Senate recedes with modifications. 5507 ...... Notification regarding motor carrier registration ...... Senate recedes. 5508 ...... Report on commercial driver’s license skills test delays ...... Senate recedes with modifications. 5509 ...... Covered farm vehicles ...... Senate recedes. 5510 ...... Operators of hi-rail vehicles ...... Senate recedes with modifications. 5511 32602 Electronic logging device requirements ...... Senate recedes. 5512 ...... Technical corrections...... Senate recedes. 5513 ...... Automobile transporter...... Senate recedes. 5514 ...... Ready mix concrete delivery vehicles ...... Senate recedes. 5515 ...... Safety study regarding double-decker motorcoaches ...... Senate recedes with modifications. 5516 ...... Transportation of construction materials and equipment...... Senate recedes. 5517 ...... Commercial delivery of light- and medium-duty trailers ...... Senate recedes. 5518 32610 GAO Review of school bus safety ...... Senate recedes...... 32402 Additional State Authority ...... House recedes with modifications...... 32604 Access to National Driver Register ...... House recedes...... 32605 Study on Commercial Motor Vehicle Driver Commuting ...... House recedes with modifications...... 32607 Interstate Van Operations ...... 1Senate recedes...... 32608 Report on Design and Implementation of Wireless Roadside Inspection Systems ...... House recedes with modifications...... 32609 Motorcoach Hours of Service Study ...... Senate recedes. TITLE VI—INNOVATION 6001 ...... Short title...... Senate recedes. 6002 ...... Authorization of appropriations ...... Senate recedes with modifications. 6003 12002 Advanced transportation and congestion management technologies deployment ...... Senate recedes with modifications. 6004 ...... Technology and innovation deployment program ...... Senate recedes with modifications. 6005 ...... Intelligent transportation system goals ...... Senate recedes with modifications. 6006 ...... Intelligent transportation system program report ...... Senate recedes. 6007 ...... Intelligent transportation system national architecture and standards ...... Senate recedes. 6008 ...... Communication systems deployment report ...... Senate recedes. 6009 ...... Infrastructure development...... Senate recedes with modifications. 6010 31207 Departmental research programs ...... Senate recedes. 6011 31207 Research and Innovative Technology Administration ...... Senate recedes. 6012 31208 Office of Intermodalism ...... Senate recedes. 6013 ...... University transportation centers ...... Senate recedes. 6014 31206 Bureau of Transportation Statistics independence ...... House recedes. 6015 12004 Surface transportation system funding alternatives ...... Senate recedes. 6016 12003 Future interstate study ...... Senate recedes with modifications. 6017 ...... Highway efficiency...... Senate recedes with modifications. 6018 ...... Motorcycle safety...... House recedes. 6019 ...... Hazardous materials research and development ...... Senate recedes. 6020 ...... Web-based training for emergency responders ...... Senate recedes. 6021 ...... Transportation technology policy working group ...... Senate recedes with modifications. 6022 ...... Collaboration and support ...... Senate recedes. 6023 ...... Prize competitions...... House recedes. 6024 ...... GAO report...... Senate recedes. 6025 ...... Intelligent transportation system purposes ...... Senate recedes. 6026 12001 Infrastructure integrity...... No agreement. 6027 31203 Consolidated research prospectus and strategic plan ...... House recedes with modifications. 6028 ...... Traffic congestion...... Senate recedes with modifications 6029 ...... Rail safety...... House recedes 6030 ...... Study and report on reducing the amount of vehicles owned by certain Federal departments and increasing the use of com- House recedes. mercial ride-sharing by those departments...... 12001 Research, technology, and education ...... Senate recedes...... 31201 Findings ...... House recedes with modifications...... 31202 Modal research plans ...... House recedes with modifications...... 31204 Research Ombudsman...... Senate recedes...... 31205 Smart cities transportation planning study ...... House recedes with modifications...... 31301 Short title...... Senate recedes.

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...... 31302 Findings ...... Senate recedes...... 31303 Port performance freight statistics program ...... House recedes with modifications. TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 7001 ...... Short title: Hazardous Materials Safety and Improvement Act of 2015 ...... Senate recedes. Subtitle A—Authorizations 7002 33105 Authorization of appropriations ...... Senate recedes with modifications. Subtitle B—Hazardous Material Safety and Improvement 7003 33104 National emergency and disaster response ...... Senate recedes. 7009 ...... Motor carrier safety permits ...... Senate recedes. 7008 ...... Improving the effectiveness of planning and training grants ...... Senate recedes with modifications. 7006 ...... Improving publication of special permits and approvals ...... Senate recedes with modifications. 7004 33102 Enhanced reporting...... Senate recedes. 7005 ...... Wetlines ...... Senate recedes. 7007 ...... GAO study on acceptance of classification examinations ...... Senate recedes with modifications. 7018 33101 Hazardous materials endorsement exemption ...... Senate recedes. Subtitle C—Safe Transportation of Class 3 Flammable Liquids By Rail ...... Community Safety Grants ...... Senate recedes with modifications 7012 35431 Real-time emergency response information ...... House recedes with modifications...... 35408 Emergency response...... House recedes with modifications. 7015 ...... Phase-out of all tank cars used to transport Class 3 flammable liquids ...... Senate recedes with modifications. 7010 35432 Thermal blankets...... Senate recedes. 7017 ...... Minimum requirements for top fittings protection for class DOT–117R tank cars ...... Senate recedes. 7011 35433 Rulemaking oil spill response plans ...... Senate recedes with modifications...... 35438 Modification reporting...... House recedes with modifications...... 35439 Report on crude oil characteristics research study ...... House recedes with modifications. 7019 35434 Hazardous materials by rail liability study ...... House recedes with modifications. 7013 35435 Study and testing of electronically controlled pneumatic brakes ...... Senate recedes with modifications. 7014 ...... Study on the efficacy and implementation of the European Train Control System ...... House recedes...... 33103 Hazardous material information ...... Senate recedes. TITLE VIII—MULTIMODAL FREIGHT TRANSPORTATION 8001 41001 Mulitmodal freight transportation ...... Senate recedes with modifications. 41002 41003 42001 42002 42003 42004 ...... 42005 Savings provision...... House recedes with modifications. TITLE IX—NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU 9001 ...... National Surface Transportation and Innovative Finance Bureau ...... Senate recedes with modifications. 9002 ...... Council on Credit and Finance ...... Senate recedes with modifications. TITLE X—SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY 10001 15006 Allocations ...... Senate recedes with modifications. 10002 ...... Recreational boating safety ...... Senate recedes with modifications. TITLE XI—RAIL 1* 35001 Short Titles and table of contents ...... Senate recedes with modifications. 35501 35601 Subtitle A—Authorizations 101 35101 Authorization of grants to Amtrak ...... Senate recedes with modifications. 102 35104 Authorization of appropriations for Amtrak Office of Inspector General ...... House recedes with modifications. 104 35002 Definitions ...... Senate recedes with modifications. 501 502 103 ...... National infrastructure investments ...... House recedes...... 35103 Authorization of appropriations for National Transportation Safety Board rail investigations ...... Senate recedes...... 35102 National Infrastructure Investments ...... Senate recedes...... 35105 National cooperative rail research programs ...... Senate recedes. Subtitle B—Amtrak Reforms 201 35201 Accounts...... Senate recedes with modifications. 201 35201 Amtrak Grant Process ...... House recedes with modifications. 202 35202 5-year business line and assets plans ...... House recedes with modifications. 203 35203 State-supported route committee ...... House recedes with modifications...... 35213 Amtrak board of directors ...... House recedes with modifications. 204 35204 Route and Service Planning Decisions ...... Senate recedes with modifications. 206 35207 Food and beverage reform ...... Senate recedes. 201 35206 Rolling stock purchases ...... House recedes with modifications...... 35208 Local products and promotional events ...... House recedes. 210 35212 Amtrak pilot program for passengers transporting domesticated cats and dogs ...... Senate recedes with modifications. 207 35209 Right-of-way leveraging...... Senate recedes with modifications. 208 35210 Station Development...... House recedes with modifications. 211 35214 Amtrak boarding procedures ...... Senate recedes with modifications. 209 35211 Amtrak debt...... House recedes. 202 35202 Elimination of duplicative reporting ...... Senate recedes. Subtitle C—Intercity Passenger Rail Policy ...... 35421 Consolidated rail infrastructure and safety improvements ...... House recedes with modifications. 301 35302 Federal-state partnership for state of good repair ...... Senate recedes with modifications...... 35301 Restoration and Enhancement Grants ...... House recedes with modifications. 306 35305 Gulf coast rail service working group ...... House recedes with modifications. 201 35308 Northeast Corridor Commission ...... House recedes with modifications. 205 35205 Competition...... House recedes with modifications...... 35311 Performance-based proposals...... House recedes with modifications. 304 35303 Large capital project requirements ...... Senate recedes with modifications. 305 35304 Small business participation study ...... Senate recedes with modifications...... 35307 Shared-use study...... House recedes with modifications...... 35309 Northeast Corridor through-ticketing and procurement efficiencies ...... House recedes with modifications...... 35310 Data and analysis ...... House recedes with modifications.

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H.R. H.R. 22 22 Titles Conference Agreement EAH EAS

...... 35312 Amtrak Inspector General ...... House recedes with modifications. 307 36313 Miscellaneous Provisions...... Senate recedes with modifications...... 35414 Technical and conforming amendments ...... House recedes with modifications. 302 ...... RRIF Improvements...... House recedes. 303 ...... NEC Fast Forward ...... House recedes...... 35306 Integrated passenger rail study ...... Senate recedes. Subtitle D—Rail Safety 503 35401 Highway-rail grade crossing safety ...... House recedes with modifications...... 35409 Private highway-rail grade crossings ...... House recedes with modifications. 504 35415 GAO study on use of locomotive horns at highway-rail grade crossings ...... House recedes with modifications...... 35444 Positive Train Control at grade crossings effectiveness study ...... House recedes with modifications...... 35416 Bridge inspection reports ...... House recedes with modifications...... 35402 Speed limit action plans ...... House recedes with modifications...... 35404 Alerters ...... House recedes...... 35405 Signal protection...... House recedes with modifications...... 35407 Commuter rail track inspections ...... House recedes with modifications...... 35413 Post-accident assessment...... House recedes...... 35436 Recording devices...... House recedes with modifications...... 35411 Railroad police officers ...... House recedes with modifications...... 35410 Repair and replacement of damaged track ...... House recedes with modifications. 7016 ...... Track safety: Vertical Track Deflection ...... Senate recedes with modifications...... 35437 Rail passengers liability ...... House recedes with modifications...... 35403 Signage ...... Senate recedes...... 35406 Technology implementation plans ...... Senate recedes...... 35412 Operation Deep Dive ...... Senate recedes. Senate Part IV—Positive Train Control ...... 35441 Coordination of Spectrum ...... Senate recedes...... 35442 Updated plans...... Senate recedes...... 35443 Early adoption and interoperability ...... Senate recedes. Subtitle E—Project Delivery ...... 35501 Short title: Train, Railroad and Infrastructure Network (TRAIN) Act ...... House recedes. 1302 35502 Treatment of improvements to rail under preservation requirements ...... Senate recedes. 401 35503 Efficient environmental reviews ...... House recedes with modifications. 402 35505 Railroad rights-of-way...... House recedes with modifications...... 35507 Protections for existing agreements and NEPA ...... House recedes. 402 35502 Preservation of public lands ...... Senate recedes...... 35504 Advance acquisition...... Senate recedes...... 35506 Savings clause...... Senate recedes. Subtitle F—Finance ...... 35601 Short Title, References ...... House recedes with modifications...... 35602 Definitions ...... House recedes with modifications...... 35603 Eligible applicants...... House recedes with modifications...... 35604 Eligible purposes...... House recedes with modifications...... 35605 Program administration...... House recedes with modifications...... 35606 Loan terms and repayment ...... House recedes with modifications...... 35607 Credit risk premiums ...... House recedes with modifications...... 35608 Master credit agreements ...... House recedes with modifications...... 35609 Priorities and conditions ...... House recedes with modifications...... 35610 Savings provision...... House recedes with modifications. 303 ...... Reporting on leveraging RRIF ...... Senate recedes with modifications. * House section numbers for Title XI correspond to H.R. 749, Passenger Rail Reform and Investment Act (EH).

DIVISION B—COMPREHENSIVE TRANS- technologies that can help reduce the sever- remedy. To encourage future adoption of di- PORTATION AND CONSUMER PROTEC- ity of accidents, or prevent accidents alto- rect vehicle notification of open recalls, the TION ACT OF 2015 gether. It also directs a study on unattended Title also includes a study on the feasibility The Motor Vehicle Safety Title of the con- children warning systems. One section di- of such technology. ference report includes numerous provisions rects NHTSA to update standards related to The Safety Title includes a provision ad- intended to improve vehicle and roadway Tire Pressure Monitoring Systems. This sec- dressing regulatory parity between electric safety over the next five years and into the tion should not be interpreted as precluding and natural gas vehicles. This provision future. The incorporated provisions establish the use of indirect tire pressure monitoring would modify the manner in which the fuel a means of reducing fatalities, injuries, and systems or technologies. Both the House and economy of natural gas dual-fueled vehicles the associated economic and societal costs the Senate have been informed that NHTSA is calculated, beginning in 2016, so as to more resulting from motor vehicle defects and has not identified any safety concerns with closely match the way it is done for electric roadway accidents. Specifically, the Title the indirect systems currently in use in the vehicles. would modernize and improve the National United States. The Title also requires An essential part of improving vehicle and Highway Traffic Safety Administration NHTSA to promulgate a rule for registration roadway safety is increasing accountability (NHTSA) by improving the vehicle safety re- of tires sold by independent retailers. among automotive companies. To that end, call processes, enhancing agency trans- To improve the motor vehicle safety recall the Safety Title extends the time period for parency, and increasing efficiency in current process, the Title expands the availability automakers to pay for defect remedies from regulatory processes. The Title would also and accessibility of vehicle safety recall in- 10 years to 15 years; it extends the period increase accountability among automakers formation to consumers and establishes a companies must retain safety records from 5 and other stakeholders in the automotive in- pilot grant program for States to notify con- years to 10 years; and increases the max- dustry, promote entrepreneurship and inno- sumers of vehicle recalls. These provisions imum cap on civil penalties for violations of vation within the automotive industry, and are intended to help improve recall aware- motor vehicle safety standards and laws foster greater attention to vehicle safety ness among motorists and encourage quick from $35 million to $105 million upon issues from both automakers and regulators. repair of defective vehicles. In addition to NHTSA’s certification that its final rule on To modernize and enhance transparency at these provisions, the Safety Title civil penalty factors has been completed. NHTSA, the Title includes good-government incentivizes dealers to check for open recalls These provisions reflect the greater lon- provisions that would require the agency to at the time of service for all patrons and re- gevity of cars on the road and will prompt submit an annual agenda to Congress on its quires rental car companies to ground vehi- NHTSA and automakers to identify safety activities for the upcoming year and author- cles that are subject to an open safety recall issues earlier so that recalls can be issued to izes additional funding for NHTSA’s vehicle until they are fixed. The rental car safety ensure that motor vehicle owners can have safety program if the agency implements provision contains a rule of construction the necessary repairs made as quickly as recommendations made by the Department stating that this section should not be con- possible. The Title also broadens a com- of Transportation Inspector General to im- strued to create or increase liability under pany’s recall obligations in the event of prove the agency’s efficacy. State and local law for damages related to bankruptcy and increases corporate respon- The Title also incentivizes the develop- the commercial loss of use of a recalled rent- sibility for documents submitted to NHTSA. ment and utilization of new crash avoidance al vehicle pending completion of the recall It also incentivizes industry employees to

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00166 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.030 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8815 come forward with original information was in effect on the date of enactment of the poses for which monies in the Highway Trust about possible motor vehicle safety viola- Surface Transportation Extension Act of Fund may be spent are updated to include tions by allowing the Secretary of Transpor- 2015, Part II. the conference agreement bill, the FAST tation to pay awards from a portion of recov- Highway Trust Fund expenditure purposes Act. ered sanctions. The Highway Trust Fund has a separate Extension of Highway-Related Taxes (sec. Entrepreneurship and experimentation account for mass transit, the Mass Transit 51102 of the Senate amendment, sec. 31102 within the manufacturing sector are also es- Account.3 The Highway Trust Fund and the of the House amendment, sec. 31102 of the sential components to the automotive indus- Mass Transit Account are funding sources conference agreement, and secs. 4041, 4051, try’s development. To promote sustained for specific programs. 4071, 4081, 4221, 4481, 4483, and 6412 of the growth and ingenuity within the low-volume Highway Trust Fund expenditure purposes Code) manufacturing industry, the Safety Title in- have been revised with each authorization Present Law Highway Trust Fund Excise Taxes cludes a section that creates a framework for Act enacted since establishment of the High- In general low-volume manufacturers to produce rep- way Trust Fund in 1956. In general, expendi- Six separate excise taxes are imposed to fi- lica vehicles. One section directs the manu- tures authorized under those Acts (as the nance the Federal Highway Trust Fund pro- facturer of the engine installed within rep- Acts were in effect on the date of enactment gram. Three of these taxes are imposed on lica vehicles to provide instructions to the of the most recent such authorizing Act) are highway motor fuels. The remaining three EPA Administrator and the vehicle manufac- specified by the Code as Highway Trust Fund are a retail sales tax on heavy highway vehi- turer explaining how to install the engine expenditure purposes. The Code provides cles, a manufacturers’ excise tax on heavy and maintain its functionality such that it that the authority to make expenditures vehicle tires, and an annual use tax on heavy complies with certain environmental laws from the Highway Trust Fund expires after vehicles. A substantial majority of the reve- and regulations. While the instructions must December 4, 2015. Thus, no Highway Trust nues produced by the Highway Trust Fund be submitted to the Administrator, nothing Fund expenditures may occur after Decem- excise taxes are derived from the taxes on in the legislative language contemplates an ber 4, 2015, without an amendment to the motor fuels. The annual use tax on heavy ve- approval process by the EPA Administrator. Code. hicles expires October 1, 2017. Except for 4.3 Further, this provision explicitly preserves Section 9503 of the Code appropriates to cents per gallon of the Highway Trust Fund state registration and licensing authorities the Highway Trust Fund amounts equivalent fuels tax rates, the remaining taxes are over the use of such vehicles. to the taxes received from the following: the scheduled to expire after October 1, 2016. The DIVISION C—FINANCE taxes on diesel, gasoline, kerosene and spe- 4.3-cents-per-gallon portion of the fuels tax Tax Complexity Analysis cial motor fuel, the tax on tires, the annual rates is permanent.8 The six taxes are sum- Section 4022(b) of the Internal Revenue heavy vehicle use tax, and the tax on the re- marized below. 4 Service Restructuring and Reform Act of tail sale of heavy trucks and trailers. Sec- Highway motor fuels taxes 1998 (the ‘IRS Reform Act’) requires the staff tion 9601 provides that amounts appropriated The Highway Trust Fund motor fuels tax of the Joint Committee on Taxation (in con- to a trust fund pursuant to sections 9501 rates are as follows: 9 sultation with the Internal Revenue Service through 9511, are to be transferred at least and the Treasury Department) to provide a monthly from the General Fund of the Gasoline ...... 18.3 cents per gallon. tax complexity analysis. The complexity Treasury to such trust fund on the basis of Diesel fuel and kerosene ...... 24.3 cents per gallon. analysis is required for all legislation re- estimates made by the Secretary of the Alternative fuels ...... 18.3 or 24.3 cents per gallon gen- erally.10 ported by the Senate Committee on Finance, Treasury of the amounts referred to in the Code section appropriating the amounts to the House Committee on Ways and Means, or Non-fuel Highway Trust Fund excise taxes any committee of conference if the legisla- such trust fund. The Code requires that prop- tion includes a provision that directly or in- er adjustments be made in amounts subse- In addition to the highway motor fuels ex- directly amends the Internal Revenue Code quently transferred to the extent prior esti- cise tax revenues, the Highway Trust Fund receives revenues produced by three excise and has widespread applicability to individ- mates were in excess of, or less than, the taxes imposed exclusively on heavy highway uals or small businesses. amounts required to be transferred. Pursuant to clause 11(a) of rule XXII of the SENATE AMENDMENT vehicles or tires. These taxes are: A 12-percent excise tax imposed on the Rules of the House of Representatives, the The expenditure authority for the Highway first retail sale of heavy highway vehicles, staff of the Joint Committee on Taxation Trust Fund is extended through September tractors, and trailers (generally, trucks hav- has determined that a complexity analysis is 30, 2021. The Code provisions governing the ing a gross vehicle weight in excess of 33,000 not required under section 4022(b) of the IRS purposes for which monies in the Highway pounds and trailers having such a weight in Reform Act because the bill contains no pro- Trust Fund may be spent are updated to in- excess of 26,000 pounds);11 visions that amend the Code and that have clude the reauthorization bill, the DRIVE An excise tax imposed on highway tires ‘widespread applicability’ to individuals or Act.5 with a rated load capacity exceeding 3,500 small businesses, within the meaning of the Effective date.—The provision is effective pounds, generally at a rate of 0.945 cents per rule. on August 1, 2015. 10 pounds of excess; 12 and TITLE XXXI—HIGHWAY TRUST FUND AND HOUSE AMENDMENT An annual use tax imposed on highway ve- RELATED TAXES The expenditure authority for the Highway hicles having a taxable gross weight of 55,000 Extension of Highway Trust Fund Expendi- Trust Fund is extended through September pounds or more.13 (The maximum rate for ture Authority (sec. 51101 of the Senate 30, 2021. The Code provisions governing the this tax is $550 per year, imposed on vehicles amendment, sec. 31101 of the House amend- purposes for which monies in the Highway having a taxable gross weight over 75,000 ment, sec. 31101 of the conference agree- Trust Fund may be spent are updated to in- pounds.) ment, and secs. 9503, 9504, and 9508 of the clude the reauthorization bill, the Surface The taxable year for the annual use tax is Code) 1 Transportation and Reauthorization and Re- from July 1st through June 30th of the fol- form Act of 2015.6 lowing year. For the period July 1, 2016, Present Law Highway Trust Fund Expenditure through September 30, 2016, the amount of Provisions In general Effective date.—The provision is effective November 21, 2015. the annual use tax is reduced by 75 percent.14 Under present law, revenues from the high- SENATE AMENDMENT way excise taxes, as imposed through Octo- CONFERENCE AGREEMENT Present-law taxes are generally extended ber 1, 2016, generally are dedicated to the The conference agreement provides for ex- through September 30, 2023. The heavy vehi- Highway Trust Fund. Dedication of excise penditure authority through September 30, cle use tax is extended through September tax revenues to the Highway Trust Fund and 2020.7 The Code provisions governing the pur- 30, 2024. expenditures from the Highway Trust Fund Effective date.—The provision is effective are governed by the Code.2 The Code author- 3 Sec. 9503(e)(1). on October 1, 2016. izes expenditures (subject to appropriations) 4 Sec. 9503(b)(1). from the Highway Trust Fund through De- 5 The provision also updates the Code provisions cember 4, 2015, for the purposes provided in governing the Leaking Underground Storage Tank 8 This portion of the tax rates was enacted as a def- authorizing legislation, as such legislation Trust Fund, and the Sport Fish Restoration and icit reduction measure in 1993. Receipts from it were Boating Trust Fund. retained in the General Fund until 1997 legislation 6 The provision also updates the Code provisions provided for their transfer to the Highway Trust 1 Except where otherwise stated, all section ref- governing the Leaking Underground Storage Tank Fund. erences are to the Internal Revenue Code of 1986, as Trust Fund, and the Sport Fish Restoration and 9 Secs. 4081(a)(2)(A)(i), 4081(a)(2)(A)(iii), 4041(a)(2), amended (the ‘‘Code’’). All references to the House Boating Trust Fund. 4041(a)(3), and 4041(m). Some of these fuels also are amendment refer to the House Amendment to the 7 Cross-references to the reauthorization bill in the subject to an additional 0.1-cent-per-gallon excise Senate Amendment to H.R. 22 (the ‘‘DRIVE Act’’), Code provisions governing the Sport Fish Restora- tax to fund the Leaking Underground Storage Tank the Surface Transportation Reauthorization and Re- tion and Boating Trust Fund are also updated to in- Trust Fund (secs. 4041(d) and 4081(a)(2)(B)). form Act of 2015, as passed by the House of Rep- clude the conference agreement bill. In addition the 10 See secs. 4041(a)(2), 4041(a)(3), and 4041(m). resentatives on November 5, 2015. date references in the Code provisions governing the 11 Sec. 4051. 2 Sec. 9503. The Highway Trust Fund statutory pro- Leaking Underground Storage Tank Trust Fund, 12 Sec. 4071. visions were placed in the Internal Revenue Code in and the Sport Fish Restoration and Boating Trust 13 Sec. 4481. 1982. Fund are also updated. 14 Sec. 4482(c)(4) and (d).

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HOUSE AMENDMENT HOUSE AMENDMENT 2016 and an additional $100 million on Octo- Present-law taxes are generally extended The House amendment provides that out of ber 1, 2017, from the LUST Trust Fund to the through September 30, 2023. The heavy vehi- money in the Treasury not otherwise appro- Highway Account of the Highway Trust cle use tax is extended through September priated, the following transfers are to be Fund. 30, 2024. made from the General Fund to the Highway Effective date.—The provision is effective Effective date.—The provision is effective Trust Fund: $25,976,000,000 to the Highway on the date of enactment. October 1, 2016. Account and $9 billion to the Mass Transit HOUSE AMENDMENT CONFERENCE AGREEMENT account. The House amendment is the same as the The conference agreement generally ex- Effective date.—The provision is effective Senate amendment. tends present-law taxes through September on the date of enactment. CONFERENCE AGREEMENT 30, 2022. The heavy vehicle use tax is ex- CONFERENCE AGREEMENT The conference agreement follows the tended through September 30, 2023. The conference agreement provides that Effective date.—The provision is effective House amendment and Senate amendment. out of money in the Treasury not otherwise October 1, 2016. Effective date.—The provision is effective appropriated, the following transfers are to on the date of enactment. Additional Transfers to the Highway Trust be made from the General Fund to the High- Fund (sec. 31201 of the House amendment, way Trust Fund: $51,900,000,000 to the High- TITLE XXXII—OFFSETS sec. 51201 of the Senate amendment, sec. way Account and $18,100,000,000 to the Mass A. Revocation or denial of passport in case of 31201 of the conference agreement, and sec. Transit account. certain unpaid taxes (sec. 52101 of the Sen- 9503 of the Code) Effective date.—The provision is effective ate amendment, sec. 32102 of the House PRESENT LAW on the date of enactment. amendment, sec. 32101 of the conference Public Law No. 110–318, ‘‘an Act to amend Transfer to Highway Trust Fund of Certain agreement and secs. 6320 and 6331 and new the Internal Revenue Code of 1986 to restore Motor Vehicle Safety Penalties (sec. 51202 secs. 7345 and 6103(k)(11) of the Internal the Highway Trust Fund balance’’ trans- of the Senate amendment, sec. 31202 of the Revenue Code) ferred, out of money in the Treasury not oth- House amendment, sec. 31202 of the con- PRESENT LAW erwise appropriated, $8,017,000,000 to the ference agreement, and section 9503 of the The administration of passports is the re- Highway Trust Fund effective September 15, Code) sponsibility of the Department of State.19 2008. Public Law No. 111–46, ‘‘an Act to re- The Secretary of State may refuse to issue store sums to the Highway Trust Fund and PRESENT LAW or renew a passport if the applicant owes for other purposes,’’ transferred, out of Present law imposes certain civil penalties child support in excess of $2,500 or owes cer- money in the Treasury not otherwise appro- related to violations of motor vehicle safety. tain types of Federal debts. The scope of this priated, $7 billion to the Highway Trust SENATE AMENDMENT authority does not extend to rejection or Fund effective August 7, 2009. The Hiring In- The provision deposits the civil penalties revocation of a passport on the basis of de- centives to Restore Employment Act trans- related to motor vehicle safety in the High- linquent Federal taxes. Although issuance of ferred, out of money in the Treasury not oth- way Trust Fund instead of in the Treasury’s a passport does not require a social security erwise appropriated, $14,700,000,000 to the General Fund. number or taxpayer identification number Highway Trust Fund and $4,800,000,000 to the Effective date.—The provision is effective (‘‘TIN’’), the applicant is required under the Mass Transit Account in the Highway Trust for amounts collected after the date of en- Code to provide such number. Failure to pro- Fund.15 The HIRE Act provisions generally actment. vide a TIN is reported by the State Depart- were effective as of March 18, 2010. Moving HOUSE AMENDMENT ment to the Internal Revenue Service Ahead for Progress in the 21st Century (‘‘IRS’’) and may result in a $500 fine.20 (‘‘MAP–21’’) 16 provided that, out of money in The House amendment is the same as the Returns and return information are con- the Treasury not otherwise appropriated, the Senate amendment. fidential and may not be disclosed by the following transfers were to be made from the CONFERENCE AGREEMENT IRS, other Federal employees, State employ- General Fund to the Highway Trust Fund: The conference agreement follows the ees, and certain other individuals having ac- House amendment and Senate amendment. FY 2013 FY 2014 cess to such information except as provided Appropriation From Leaking Underground in the Code.21 There are a number of excep- Highway Account ...... $6.2 billion ...... $10.4 billion Storage Tank Trust Fund (sec. 51203 of the tions to the general rule of nondisclosure Mass Transit Account ...... $2.2 billion Senate amendment, sec. 31203 of the House that authorize disclosure in specifically MAP–21 also transferred $2.4 billion from amendment, sec. 31203 of the conference identified circumstances, including disclo- the Leaking Underground Storage Tank agreement, and secs. 9503 and 9508 of the sure of information about Federal tax debts Trust Fund to the Highway Account in the Code) for purposes of reviewing an application for a 22 and for purposes of enhancing Highway Trust Fund. The Highway and PRESENT LAW Federal loan the integrity of the Medicare program.23 Transportation Funding Act of 2014 trans- Fuels of a type subject to other trust fund ferred $7.765 billion from the General Fund to excise taxes generally are subject to an add- SENATE AMENDMENT the Highway Account of the Highway Trust on excise tax of 0.1-cent-per-gallon to fund Under the Senate Amendment, the Sec- Fund, $2 billion from the General Fund to the Leaking Underground Storage Tank retary of State is required to deny a passport the Mass Transit Account of the Highway (‘‘LUST’’) Trust Fund.18 For example, the (or renewal of a passport) to a seriously de- Trust Fund, and $1 billion from the Leaking LUST excise tax applies to gasoline, diesel linquent taxpayer and is permitted to revoke Underground Storage Tank Trust Fund to fuel, kerosene, and most alternative fuels any passport previously issued to such per- the Highway Account of the Highway Trust subject to highway and aviation fuels excise son. In addition to the revocation or denial Fund.17 Signed into law on July 30, 2015, the taxes, and to fuels subject to the inland wa- of passports to delinquent taxpayers, the Surface Transportation and Veterans Health terways fuel excise tax. This excise tax is Secretary of State is authorized to deny an Care Choice Improvement Act of 2015 trans- imposed on both uses and parties subject to application for a passport if the applicant ferred $6.068 billion from the General Fund to the other taxes, and to situations (other fails to provide a social security number or the Highway Account of the Highway Trust than export) in which the fuel otherwise is provides an incorrect or invalid social secu- Fund and $2 billion from the General Fund to tax-exempt. For example, off-highway busi- rity number. With respect to an incorrect or the Mass Transit Account of the Highway ness use of gasoline and off-highway use of invalid number, the inclusion of an erro- Trust Fund. diesel fuel and kerosene generally are ex- neous number is a basis for rejection of the SENATE AMENDMENT empt from highway motor fuels excise tax. application only if the erroneous number was The Senate amendment provides that out Similarly, States and local governments and provided willfully, intentionally, recklessly of money in the Treasury not otherwise ap- certain other parties are exempt from such or negligently. Exceptions to these rules are propriated, the following transfers are to be tax. Nonetheless, all such uses and parties permitted for emergency or humanitarian made from the General Fund to the Highway are subject to the 0.1-cent-per-gallon LUST circumstances, including the issuance of a Trust Fund: $34,401,000,000 to the Highway excise tax. passport for short-term use to return to the Account and $11,214,000,000 to the Mass Tran- Liquefied natural gas, compressed natural United States by the delinquent taxpayer. sit account. gas, and liquefied petroleum gas are exempt The provision authorizes limited sharing of Effective date.—The provision is effective from the LUST tax. Additionally, methanol information between the Secretary of State on the date of enactment. and ethanol fuels produced from coal (includ- and Secretary of the Treasury. If the Com- ing peat) are taxed at a reduced rate of 0.05 missioner of Internal Revenue certifies to cents per gallon. the Secretary of the Treasury the identity of 15 The Hiring Incentives to Restore Employment Act (the ‘‘HIRE’’ Act), Pub. L. No. 111–147, sec. 442. SENATE AMENDMENT 16 Moving Ahead for Progress in the 21st Century The provision transfers $100 million on the 19 ‘‘Passport Act of 1926,’’ 22 U.S.C. sec. 211a et seq. Act (‘‘MAP–21’’), Pub. L. No. 112–141, sec. 40201(a)(2), date of enactment, $100 million on October 1, 20 Sec. 6039E. and sec. 40251. 21 Sec. 6103. 17 Highway and Transportation Funding Act of 22 Sec. 6103(l)(3). 2014, Pub. L. No. 113–159, sec. 2002. 18 Secs. 4041, 4042, and 4081. 23 Sec. 6103(l)(22).

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00168 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.032 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8817 persons who have seriously delinquent Fed- ment under section 6159, (3) the IRS accepts the outstanding tax liability in full over a eral tax debts as defined in this provision, an offer in compromise under section 7122, or five-year period, the private debt collection the Secretary of the Treasury or his delegate (4) a spouse files for relief from joint liabil- company obtains financial information from is authorized to transmit such certification ity, the Commissioner must notify the Sec- the taxpayer and will provide this informa- to the Secretary of State for use in deter- retary that the taxpayer is not seriously de- tion to the IRS for further processing and ac- mining whether to issue, renew, or revoke a linquent. In each instance, the ‘‘decertifica- tion by the IRS. The Code specifies several passport. Applicants whose names are in- tion’’ is limited to the taxpayer who is the procedural conditions under which the provi- cluded on the certifications provided to the subject of one of the above actions. In the sion would operate. First, provisions of the Secretary of State are ineligible for a pass- case of a claim for innocent spouse relief, the Fair Debt Collection Practices Act apply to port. The Secretary of State and Secretary decertification is only with respect to the the private debt collection company. Second, of the Treasury are held harmless with re- spouse claiming relief, not both. The Com- taxpayer protections that are statutorily ap- spect to any certification issued pursuant to missioner must generally decertify within 30 plicable to the IRS are also made statutorily this provision. days of the event that requires decertifica- applicable to the private sector debt collec- A seriously delinquent tax debt generally tion. The Commissioner must provide the no- tion companies. In addition, taxpayer protec- includes any outstanding debt for Federal tice of decertification to the Secretary of the tions that are statutorily applicable to em- taxes in excess of $50,000, including interest Treasury, who must in turn promptly notify ployees of the IRS are made statutorily ap- and any penalties, for which a notice of lien the Secretary of State of the decertification. plicable to employees of private sector debt or a notice of levy has been filed. This The Secretary of State must delete the cer- collection companies. Third, subcontractors amount is to be adjusted for inflation annu- tification from the records regarding that are prohibited from having contact with tax- ally, using calendar year 2014 as a base year, taxpayer. payers, providing quality assurance services, and a cost-of-living adjustment. Even if a tax The provision as amended limits the Com- and composing debt collection notices; any other service provided by a subcontractor debt otherwise meets the statutory thresh- missioner’s authority to delegate duties under this section. As amended, the author- must receive prior approval from the IRS. old, it may not be considered seriously delin- The Code creates a revolving fund from the ity to certify or decertify a seriously delin- quent if (1) the debt is being paid in a timely amounts collected by the private debt collec- quent tax debt is delegable only to the Dep- manner pursuant to an installment agree- tion companies. The private debt collection uty Commissioner for Services and Enforce- ment or offer-in-compromise, or (2) collec- companies are paid out of this fund. The ment, or to a Division Commissioner (the tion action with respect to the debt is sus- Code prohibits the payment of fees for all pended because a collection due process head of an IRS operating division). services in excess of 25 percent of the amount Finally, the amendments to the provision hearing or innocent spouse relief has been re- collected under a tax collection contract. quested or is pending. permit limited judicial review of the certifi- The Code provides that up to 25 percent of Effective date.—The provision is effective cation or a failure to reverse a certification. the amount collected may be used for IRS EFFECTIVE DATE.—The provision as amend- on January 1, 2015. collection enforcement activities. The law ed is effective upon date of enactment. HOUSE AMENDMENT also requires the Treasury Department to The House amendment is the same as the B. Reform of rules related to qualified tax provide a biennial report to the Committee Senate amendment. collection contracts, and special compli- on Finance and the Committee on Ways and ance personnel program (secs. 52102 and CONFERENCE AGREEMENT Means. The report is to include, among other 52103 of the Senate amendment, secs. 32106 items, a cost benefit analysis, the impact of The following changes are included in the and 32107 of the House amendment, secs. the debt collection contracts on collection conference agreement to ensure that there is 32102 and 32103 of the conference agree- enforcement staff levels in the IRS, and an a mechanism allowing the IRS to correct er- ment, and sec. 6306 of the Code) evaluation of contractor performance. The rors and to take into account actions taken PRESENT LAW Omnibus Appropriations Act of 2009 (the by a taxpayer to come into compliance after Code section 6306 permits the IRS to use ‘‘Act’’), which made appropriations for the procedures has been initiated to inform the private debt collection companies to locate fiscal year ending September 30, 2009, in- Secretary of State that the taxpayer is seri- and contact taxpayers owing outstanding tax cluded a provision stating that none of the ously delinquent. As explained below, these liabilities of any type24 and to arrange pay- funds made available in the Act could be measures include clarification of the defini- 28 ment of those taxes by the taxpayers. There used to fund or administer section 6306. tion of a seriously delinquent tax debt, noti- must be an assessment pursuant to section Around the same time, the IRS announced fication requirements, standards under 6201 in order for there to be an outstanding that the IRS would not renew its contracts which the Commissioner may reverse the 29 tax liability. An assessment is the formal re- with private debt collection agencies. certification of serious delinquency, and lim- cording of the taxpayer’s tax liability that SENATE AMENDMENT its on authority to delegate the certification fixes the amount payable. An assessment Qualified tax collection contracts process. A limited right to seek injunctive must be made before the IRS is permitted to relief by a taxpayer who is wrongly certified The provision requires the Secretary to commence enforcement actions to collect as seriously delinquent is also provided. enter into qualified tax collection contracts The provision clarifies the definition of the amount payable. In general, an assess- for the collection of inactive tax receivables. ‘‘seriously delinquent tax debt’’ to permit ment is made at the conclusion of all exam- Inactive tax receivables are defined as any revocation of a passport only after the IRS ination and appeals processes within the tax receivable (1) removed from the active 25 inventory for lack of resources or inability has followed its examination and collection IRS. Several steps are involved in the deploy- to locate the taxpayer, (2) for which more procedures under current law and the tax- ment of private debt collection companies. than 1/3 of the applicable limitations period payer’s administrative and judicial rights First, the private debt collection company has lapsed and no IRS employee has been as- have been exhausted or lapsed. 26 signed to collect the receivable; or (3) for The provision requires notice to taxpayers contacts the taxpayer by letter. If the tax- which, a receivable has been assigned for col- regarding the procedures. First, the provi- payer’s last known address is incorrect, the lection but more than 365 days have passed sion adds the possible loss of a passport to private debt collection company searches for the correct address. Second, the private debt without interaction with the taxpayer or a the list of matters required to be included in third party for purposes of furthering the notices to taxpayer of potential collection collection company telephones the taxpayer 27 collection. Tax receivables are defined as activity under sections 6320 or 6331. Second, to request full payment. If the taxpayer cannot pay in full immediately, the private any outstanding assessment that the IRS in- the provision requires that the Commis- cludes in potentially collectible inventory. sioner provide contemporaneous notice to debt collection company offers the taxpayer an installment agreement providing for full The provision designates certain tax re- the taxpayer(s) when the Commissioner ceivables as not eligible for collection under sends a certification of serious delinquency payment of the taxes over a period of as long as five years. If the taxpayer is unable to pay qualified tax collection contracts, specifi- to the Secretary of the Treasury. Finally, in cally a contract that: (1) is subject to a pend- instances in which the Commissioner decer- ing or active offer-in-compromise or install- tifies the taxpayer’s status as a delinquent 24 This provision generally applies to any type of ment agreement; (2) is classified as an inno- taxpayer, he is required to provide notice to tax imposed under the Internal Revenue Code. cent spouse case; (3) involves a taxpayer 25 the taxpayer contemporaneous with the no- An amount of tax reported as due on the tax- identified by the Secretary as being (a) de- tice to the Secretary of the Treasury. payer’s tax return is considered to be self-assessed. If the IRS determines that the assessment or collec- ceased, (b) under the age of 18, (c) in a des- The decertification process included in the tion of tax will be jeopardized by delay, it has the ignated combat zone, or (d) a victim of iden- conference agreement provides a mechanism authority to assess the amount immediately (sec. tity theft; (4) is currently under examina- under which the Commissioner can correct 6861), subject to several procedural safeguards. tion, litigation, criminal investigation, or an erroneous certification or end the certifi- 26 The provision requires that the IRS disclose con- levy; or (5) is currently subject to a proper cation because the debt is no longer seri- fidential taxpayer information to the private debt exercise of a right of appeal. The provision ously delinquent, due to certain events sub- collection company. Section 6103(n) permits disclo- grants authority to the Secretary to pre- sequent to the certification. If after certi- sure of returns and return information for ‘‘the pro- scribe procedures for taxpayers in presi- viding of other services . . . for purposes of tax ad- dentially declared disaster areas to request fying the delinquency to the Secretary of the ministration.’’ Treasury, (1) the IRS receives full payment 27 The private debt collection company is not per- of the seriously delinquent tax debt, (2) the mitted to accept payment directly. Payments are 28 Pub. L. No. 111–8, March 11, 2009. taxpayer enters into an installment agree- required to be processed by IRS employees. 29 IR–2009–19, March 5, 2009.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00169 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.033 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8818 CONGRESSIONAL RECORD — HOUSE December 1, 2015 relief from immediate collection measures Similar information for the current and fol- ply with these ERISA filing requirements by under the provision. lowing fiscal year, using both actual and es- filing Form 5500. The provision requires the Secretary to timated amounts, is required. Forms 5500 are filed with DOL, and infor- give priority to private collection contrac- Effective date.—The provision relating to mation from Forms 5500 is shared with the tors and debt collection centers currently qualified tax collection contracts applies to IRS and PBGC.35 Form 5500 is due by the last approved by the Treasury Department’s Bu- tax receivables identified by the Secretary day of the seventh month following the close reau of the Fiscal Service (previously the Fi- after the date of enactment. The require- of the plan year.36 DOL and IRS rules allow nancial Management Service) on the sched- ment to give priority to certain private col- the due date to be automatically extended by ule required under section 3711(g) of title 31 lection contractors and debt collection cen- 21⁄2 months if a request for extension is of the United States Code, to the extent ap- ters applies to contracts and agreements en- filed.37 Thus, in the case of a plan that uses propriate to carry out the purposes of the tered into within three months after the the calendar year as the plan year, the ex- provision. date of enactment, and the new exception to tended due date for Form 5500 is October 15. The provision adds an additional exception section 6103 applies to disclosures made after Under the Surface Transportation and Vet- to section 6103 to allow contractors to iden- the date of enactment. The requirement of erans Health Care Choice Improvement Act tify themselves as such and disclose the na- the reports to Congress is effective on the of 2015, in the case of returns for taxable ture, subject, and reason for the contact. date of enactment. years beginning after December 31, 2015, the The provision relating to the special com- Disclosures are permitted only in situations Secretary of the Treasury is directed to mod- pliance personnel program applies to and under conditions approved by the Sec- ify appropriate regulations to provide that amounts collected and retained by the Sec- retary. the maximum extension for the returns of retary after date of enactment. The provision requires the Secretary to employee benefit plans filing Form 5500 is an HOUSE AMENDMENT prepare two reports for the House Committee automatic 31⁄2-month period ending on No- on Ways and Means and the Senate Com- The House amendment is the same as the vember 15 for calendar-year plans.38 Senate amendment. mittee on Finance. The first report is re- SENATE AMENDMENT quired annually and due not later than 90 CONFERENCE AGREEMENT Under the provision, in the case of returns days after each fiscal year and is required to The conference agreement follows the for any taxable period beginning after De- include: (1) the total number and amount of House amendment and the Senate amend- cember 31, 2015, the Secretary of the Treas- tax receivables provided to each contractor ment provision. It is intended that the IRS ury or the Secretary’s delegate is directed to for collection under this section, (2) the total will implement the proposal without delay modify appropriate regulations to provide amounts collected by and installment agree- to facilitate the collection of taxes, which that the maximum extension for the returns ments resulting from the collection efforts are owed to the Government but are not of employee benefit plans filing Form 5500 is of each contractor and the collection costs being actively pursued by the IRS for collec- an automatic 31⁄2-month period beginning on incurred by the IRS; (3) the impact of such tion, while protecting taxpayer rights and privacy. To carry out these goals of expedi- the due date for filing the return, without re- contacts on the total number and amount of 39 tious tax collection and taxpayer rights, it is gard to any extensions. unpaid assessments, and on the number and Effective date.—The provision in the Sen- amount of assessments collected by IRS per- intended that the IRS will make it a priority to use collection contractors and debt collec- ate amendment is effective on the date of en- sonnel after initial contact by a contractor, actment. (4) the amount of fees retained by the Sec- tion centers currently approved by the retary under subsection (e) and a description Treasury Department. HOUSE AMENDMENT of the use of such funds; and (5) a disclosure C. Repeal of Modification of Automatic Ex- No provision. safeguard report in a form similar to that re- tension of Return Due Date for Certain CONFERENCE AGREEMENT quired under section 6103(p)(5). Employee Benefit Plans (sec. 52105(b)(3) of The conference agreement does not include the Senate amendment, sec. 32104 of the The second report is required biannually the Senate amendment provision. The con- conference agreement and secs. 6058 and and is required to include: (i) an independent ference agreement repeals the provision in 6059 of the Code) evaluation of contactor performance; and (ii) the Surface Transportation and Veterans a measurement plan that includes a com- PRESENT LAW Health Care Choice Improvement Act of 2015 parison of the best practices used by private An employer that maintains a pension, an- that provides for an automatic 31⁄2-month ex- debt collectors to the collection techniques nuity, stock bonus, profit-sharing or other tension of the due date for filing Form 5500. used by the IRS and mechanisms to identify funded deferred compensation plan (or the Thus, the extended due date for Form 5500 is and capture information on successful col- plan administrator of the plan) is required to lection techniques used by the contractors file an annual return containing information that could be adopted by the IRS. required under regulations with respect to ERISA, including the ERISA reporting require- ments. ERISA section 3004 requires that, when the Special compliance personnel program the qualification, financial condition, and IRS and DOL carry out provisions relating to the operation of the plan.30 The plan adminis- The provision requires that the amount same subject matter, they must consult with each trator of a defined benefit plan subject to the that, under current law, is to be retained and other and develop rules, regulations, practices and minimum funding requirements 31 is required used by the IRS for collection enforcement forms designed to reduce duplication of effort, dupli- to file an annual actuarial report.32 These fil- cation of reporting, and the burden of compliance by activities under section 6306 of the Code be ing requirements are met by filing an An- plan administrators and employers. Under ERISA instead used to fund a newly created special nual Return/Report of Employee Benefit section 4065, the PBGC is required to work with the compliance personnel program. The provi- Plan, Form 5500, and providing the informa- IRS and DOL to combine the annual report to PBGC sion also requires the Secretary to establish with reports required to be made to those agencies. tion as required on the form and related in- 35 an account for the hiring, training, and em- 33 Form 5500 filings are also publicly released in ac- structions. Similarly, the Employee Retire- cordance with sec. 6104(b) and Treas. Reg. sec. ployment of special compliance personnel. ment Income Security Act of 1974 (‘‘ERISA’’) No other source of funding for the program is 301.6104(b)–1 and ERISA secs. 104(a)(1) and 106(a). requires the administrator of certain pension 36 Under ERISA section 104(a)(1), the annual report permitted, and funds deposited in the special and welfare benefit plans to file annual re- is due within 210 days after the close of the plan account are restricted to use for the pro- ports disclosing certain information to the year or within such time as provided by regulations gram, including reimbursement of the IRS Department of Labor (‘‘DOL’’) and, with re- to reduce duplicative filings. DOL and IRS regula- and other agencies for the cost of admin- spect to some defined benefit plans, to the tions provide for filing at the time required by the istering the qualified debt collection pro- Pension Benefit Guaranty Corporation forms and instructions issued by the agencies. 29 gram and all costs associated with employ- (‘‘PBGC’’).34 Plan administrators also com- C.F.R. sec. 2520.104a–5(a)(2) and Treas. Reg. secs. ment of special compliance personnel and 301.6058–1(a)(4) and 301.6059–1(a). 37 Treas. Reg. sec. 1.6081–11(a). Instructions for the retraining and reassignment of other 30 Sec. 6058. Form 5500 also provide for an automatic extension of personnel as special compliance personnel. 31 Sec. 412. Most governmental plans (defined in time to file the Form 5500 until the due date of the Special compliance personnel are individuals section 414(d)) and church plans (defined in section Federal income tax return of the employer main- employed by the IRS to serve either as rev- 414(e)) are exempt from the minimum funding re- taining the plan if (1) the plan year and the employ- enue officers performing field collection quirements. er’s tax year are the same; (2) the employer has been functions or as persons operating the auto- 32 Sec. 6059. granted an extension of time to file its federal in- mated collection system. 33 Treas. Reg. secs. 301.6058–1(a) and 301.6059–1. come tax return to a date later than the normal due Form 5500 consists of a main form and various date for filing the Form 5500; and (3) a copy of the The provision requires the Secretary to schedules, some of which require additional informa- application for extension of time to file the Federal prepare annually a report for the House tion to be included. The schedules that must be filed income tax return is maintained with the records of Committee on Ways and Means and the Sen- and the additional information that must be in- the Form 5500 filer. An extension granted by using ate Committee on Finance, to be submitted cluded with Form 5500 depend on the type and size of this automatic extension procedure cannot be ex- no later than March of each year. In the re- plan. A simplified annual reporting form, Annual tended beyond a total of 91⁄2 months beyond the close port, the Secretary is to describe for the pre- Return/Report of Small Employee Benefit Plan, of the plan year. 38 ceding fiscal year accounting of all funds re- Form 5500–SF, is available to certain plans (covering Section 2006(b)(3) of Pub. L. No. 114–41 (July 31, fewer than 100 employees) that are subject to report- 2015). ceived in the account, administrative and ing requirements under ERISA and the Code. Ref- 39 The provision in the Senate amendment is simi- program costs, number of special compliance erences herein to Form 5500 include Form 5500–SF. lar to section 2006(b)(3) of Pub. L. No. 114–41, which personnel hired and employed as well as ac- 34 ERISA secs. 103, 104, and 4065. Most govern- was enacted after the Senate amendment was passed tual revenue collected by such personnel. mental plans and church plans are exempt from by the Senate.

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determined under DOL and IRS rules as in Section 32203—Dividends of the Federal Reserve SENATE AMENDMENT effect before enactment of the Surface Bank Section 80001 of the Senate amendment to Transportation and Veterans Health Care SENATE AMENDMENT H.R. 22 provides the budgetary effects to be Choice Improvement Act of 2015. Section 52203 of the Senate amendment to entered into the PAYGO scorecard main- Effective date.—The provision in the con- H.R. 22 modified Section 7(a)(1)(A) of the tained pursuant to section 4(d) of the Statu- ference agreement is effective for returns for Federal Reserve Act (12 U.S.C. 289(a)(1)(A)) tory Pay-As-You-Go Act of 2010 (Public Law taxable years beginning after December 31, by reducing the interest rate from 6 percent 111–139) shall be determined by the submis- 2015. to 1.5 percent on capital paid into the Fed- sion printed for the Congressional Record by Section 32201—Adjustment for Inflation of Fees eral Reserve System by member banks with the Chairman of the Senate Budget Com- for Certain Customs Services consolidated assets over $1,000,000,000. mittee. PRESENT LAW HOUSE AMENDMENT CONFERENCE SUBSTITUTE Section 13031 of the Consolidated Omnibus The House amendment to the Senate The conference substituteprovides that the Budget Reconciliation Act of 1985 establishes amendment to H.R. 22 contains no provisions budgetary effects of this Act shall not be en- certain fees for customs services. These fees comparable to the Senate position. tered on either PAYGO scorecard maintained are not currently adjusted for inflation. CONFERENCE SUBSTITUTE pursuant to section 4(d) of the Statutory HOUSE BILL The House recedes from its position and Pay-As-You-Go Act of 2010 (Public Law 111– The House bill provides that the Secretary concurs in the Senate position with certain 139). of Treasury shall annually adjust the fees modifications. Specifically, the conference DIVISION D—MISCELLANEOUS collected under Section 13031(a) of the Con- substitute retains the 6 percent dividend in TITLE XLI—FEDERAL PERMITTING solidated Omnibus Budget Reconciliation current law for Federal Reserve System IMPROVEMENTS Act of 1985 and the limitations on fees under member banks with consolidated assets of paragraphs (2), (3), (5), (6), (8), and (9) of sub- $10,000,000,000 or less, indexed to inflation. Title XLI of the conference report seeks to section (b), on, to reflect any increase in the For member banks with consolidated assets make more efficient the process for federal average of the Consumer Price Index. greater than that amount, the conference approval for major infrastructure projects. It Effective date.—The provision is effective substitute replaces the 1.5 percent interest creates a council composed of the relevant on October 1, 2015. rate with the smaller of: the rate equal to permitting agencies to establish best prac- tices and model timelines for review, des- SENATE AMENDMENT the high yield of the 10-year Treasury note auctioned at the last auction held prior to ignate individuals within agencies with pri- The Senate amendment is the same as the the payment of a dividend, and 6 percent. Fi- mary responsibility for coordinating reviews House bill. nally, the conference substitute delays the and agency decisions, and shorten the time Effective date.—The provision is effective effective date of the modification to January in which challenges can be made to final de- on October 1, 2015. 1, 2016. cisions. CONFERENCE AGREEMENT Section 32204—Strategic Petroleum Reserve The Senate recedes with an amendment. The conference agreement follows the Drawdown and Sale TITLE XLII—ADDITIONAL PROVISIONS House bill and the Senate amendment provi- Drawdown and Sale. Subsection (a) would Title XLII directs the GAO to study the sion with two changes. First, changes to sub- direct the Department of Energy to draw payments made to vendors of kerosene that section (b) reaffirm Congressional intent down and sell 66 million barrels of crude oil is used in noncommercial aviation and sub- that revenue from the adjustments are to be from the Strategic Petroleum Reserve mit the results of that study in a report to deposited into the Customs User Fee Ac- (SPR). Congress. count, subject to appropriations acts. Sec- Emergency Protection. Subsection (b) would TITLE XLIII—REQUIREMENTS REGARDING ond, it sets the first adjustment on April 1, provide that Secretary shall not draw down RULE MAKINGS 2016 instead of October 1, 2015. and sell crude oil under this section in quan- Effective date.—The provision is effective tities that would limit the authority to sell The House amendment includes a provision on April 1, 2016. petroleum products under section 161(h) of requiring that for any publication in the Extension of Enterprise Guarantee Fees the Energy Policy and Conservation Act. Federal Register pertaining to a rule re- SENATE AMENDMENT This subsection conditions the 66 million quired pursuant to this Act, the agency mak- ing the rule shall include the information Section 52205 of the Senate amendment to barrels of oil authorized to be sold in a) upon that the rule is based upon, including data H.R. 22 modifies Section 1327(f) of the Hous- the maintenance of a 530 million barrel floor and studies, and indicate how the public can ing and Community Development Act of 1992 generally in the Reserve. Forthcoming access that information online. to extend enterprise guarantee fees from Oc- drawdowns previously authorized by the Bi- The Senate amendment contains no simi- tober 1, 2021 to October 1, 2025. partisan Budget Act of 2015 would take prec- edence. lar provision. HOUSE AMENDMENT Increase; Limitation. Subsection (c) would The Senate recedes. The House amendment to the Senate authorize the increase of drawdown and sales TITLE XLIV—PAYMENTS TO CERTIFIED amendment to H.R. 22 contains no provisions under subsection (b) in order to maximize STATES AND INDIAN TRIBES comparable to the Senate position. the financial return to the United States In the Moving Ahead for Progress in the taxpayers, but limits the drawdown and sales CONFERENCE AGREEMENT 21st Century Act (MAP–21), payments based The Senate recedes from its position and under this section to a maximum of $6,200,000,000 of revenue to the Treasury. upon Abandoned Mine Land (AML) funds set concurs in the House position. forth in the Surface Mining Control and Rec- Sec. 32205—Repeal Section 32202—Limitation on Surplus Funds of lamation Act of 1977 due to certified states Federal Reserve Banks Section 32205 would repeal Section 201 of were capped at $15,000,000.00 annually, re- the Bipartisan Budget Act of 2015. Section HOUSE AMENDMENT gardless of the amounts actually due to 201 of the Bipartisan Budget Act of 2015 re- those certified states. The amounts due the Section 32202 of the House amendment to quired the U.S. Department of Agriculture to certified states in excess of the $15,000,000.00 the Senate amendment to H.R. 22 modifies renegotiate the Standard Reinsurance Agree- were used as offsets for different purposes. In Section 7 of the Federal Reserve Act (12 ment by December 31, 2016, and would have certain instances, the $15,000,000.00 payments U.S.C. 289) to execute a liquidation of the placed a cap on the overall rate of return were insufficient to meet the amounts cer- Federal Reserve surplus account and a re- such that the target rate of return did not tified states were owed by the Federal gov- mittance of funds to the U.S. Treasury. Sec- exceed 8.9 percent of the retained premium. ernment. This provision requires payment of tion 32202 also dissolves the existence of the Sec. 32301—Interest Overpayments those excess funds owed by the Federal gov- surplus account on a go-forward basis. Fi- Section 32301 strikes the requirement that ernment to those certified states, but not nally, Section 32202 ensures future net earn- the Office of National Resources Revenue paid. ings of the Federal Reserve, in excess of divi- (ONRR) pay interest on overpayments. dend paid, are remitted to the U.S. Treasury. DIVISION E—EXPORT-IMPORT BANK OF ONRR, which is part of the Department of THE UNITED STATES SENATE AMENDMENT the Interior, believes that some lessees over- The Senate amendment to H.R. 22 contains pay deliberately in order to engage in ‘‘bank- Division E reauthorizes and reforms the no provisions comparable to the House posi- ing with ONRR’’ and that the ONRR interest Export-Import Bank of the United States. tion. rate is in some cases greater than that of- There was no disagreement between the Sen- ate amendment and the House amendment. CONFERENCE SUBSTITUTE fered by other interest earning mechanisms. DIVISION F—ENERGY SECURITY The Senate recedes from its position and This provision is part of the President’s FY 2016 budget. Offset estimate: $300 million. concurs in the House position with certain Sec. 61001—Emergency Preparedness for Energy modifications. Specifically, the conference Section 32401—Budgetary Effects Supply Disruptions substitute retains the Federal Reserve sur- HOUSE AMENDMENT Section 61001 would include the finding plus account, but caps it at $10,000,000,000. The House amendment to the Senate that recent natural disasters have under- Any amounts which exceed the cap are re- amendment to H.R. 22 contains no provisions scored the importance of having resilient oil mitted to the U.S. Treasury. compared to the Senate position. and natural gas infrastructure and effective

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00171 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.035 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8820 CONGRESSIONAL RECORD — HOUSE December 1, 2015 ways for industry and government to com- ability Organization, regional entities, and dated, or unnecessary Regulation S–K disclo- municate to address energy supply disrup- owners, operators and users of the bulk- sure requirements for all issuers. Finally, tions. This section also would direct the Sec- power system in the U.S.; and (3) estab- Title LXXII directs the SEC to further study retary of Energy to develop and adopt proce- lishing sanctions for the unauthorized disclo- Reg. S–K and engage in rulemaking to imple- dures to enhance communication and coordi- sure of shared information. ment additional reforms to simplify and nation between the Department of Energy Section 61003 would also codify DOE as the modernize Regulation S–K disclosure rules (DOE), Federal partners, State and local gov- Sector-Specific Agency for cyber security for within 360 days of enactment of this title. ernment, and the private sector to improve the energy sector and specify DOE’s duties The House passed legislation identical to the emergency response and recovery. with regard to that role. provisions contained in Title LXXII by voice Sec. 61002—Resolving Environmental and Grid Sec. 61004—Strategic Transformer Reserve vote on October 6, 2015. Reliability Conflicts Section 61004 would require DOE to submit Title LXXIII—Bullion and Collectible Coin Pro- Section 61002 would resolve conflicts be- a plan to Congress evaluating the feasibility duction Efficiency and Cost Savings tween orders issued pursuant to the Federal of establishing a Strategic Transformer Re- Title LXXIII eliminates a requirement for Power Act and compliance with environ- serve for the storage, in strategically-lo- special packaging of gold investment-grade mental laws and regulations. Administration cated facilities, of spare large power trans- coins made by the United States Mint, al- of section 202(c) has led owners of electric formers and emergency mobile substations lows the Mint to purchase blanks for silver generating units (EGUs) to conclude that in sufficient numbers to temporarily replace coins made of standard coinage silver in- they can be forced to choose between com- critically damaged large power transformers stead of a custom silver alloy, and removes plying with an emergency order from DOE and substations. Strategically-located spare the requirement for an already-completed under that section or violating an obligation large power transformers and emergency mo- study leading to the Mint issuing invest- imposed by environmental laws or regula- bile substations would diminish the vulner- ment-grade coins of palladium. This title tions. Left unresolved, therefore, the current ability of the United States to multiple risks also allows for the collector version of the statutory structure presents the potential facing electric grid reliability, including 30th anniversary American Eagle Siler Bul- for conflicting legal mandates that could physical attack, cyber-attack, electro- lion Coin to be edge-lettered to denote such threaten the reliability of the grid. magnetic pulse, geomagnetic disturbances, anniversary. The House passed legislation To ensure that EGUs and other facilities severe weather, and seismic events. identical to the provisions contained in Title critical to electric reliability are available LXXIII by voice vote on June 24, 2015. for service as needed and to remove the po- Sec. 61005—Energy Security Evaluation tential for conflict between obligations im- Section 61005 would direct the Secretary of Title LXXIV—SBIC Advisers Relief posed by law, section 61002 would amend sec- Energy, in collaboration with the Secretary Title LXXIV amends the Investment Ad- tion 202(c) of the FPA to clarify that when a of State, to establish U.S. energy security visers Act of 1940 to reduce unnecessary reg- party is under an emergency directive to op- valuation methods to ensure that energy-re- ulatory costs and eliminate duplicative regu- erate pursuant to section 202(c), it would not lated actions that significantly affect the lation of advisers to Small Business Invest- be deemed in violation of environmental supply, distribution, or use of energy are ment Companies (SBICs). This title preempts laws or regulations or subject to civil or evaluated with respect to their potential im- state registration requirements of advisers criminal liability, or citizen enforcement ac- pact on energy security, including their im- solely advising SBIC funds, allows advisers tions, as a result of actions taken that are pact on consumers and the economy; energy to venture capital funds to continue to be necessary to comply with a DOE-issued supply, diversity and resiliency; well-func- ‘‘exempt reporting advisers’’ if they also ad- emergency order. The section further pro- tioning and competitive energy markets; vise an SBIC fund, and prevents the inclu- vides that after an initial order, not to ex- United States trade balance; and national se- sion of the assets of an SBIC fund in the SEC ceed 90 days duration, DOE may renew or re- curity objectives. registration calculation of assets under man- issue an order for subsequent 90-day periods DIVISION G—FINANCIAL SERVICES agement for those advisers that advise pri- as it determines necessary. However, in re- HOUSE AMENDMENT vate funds in addition to SBIC funds. The newing or reissuing any such order, DOE House passed legislation identical to the pro- Division G (Financial Services) of the must consult with the primary federal agen- visions contained in Title LXXIV by voice House amendment to the Senate amendment cy with expertise in the environmental inter- vote on July 14, 2015. to H.R. 22 is comprised of 15 titles that pro- est protected by a potentially conflicting en- vide regulatory relief to facilitate capital Title LXXV—Eliminate Privacy Notice Confu- vironmental law and include in such order formation, ensure greater consumer access sion conditions determined by such agency to be to financial products and services, and pro- Title LXXV amends the Gramm-Leach-Bli- necessary to minimize any adverse environ- vide for certain reforms relating to mint op- ley Act to reduce confusion among con- mental impacts that may result from such erations and housing. The titles within Divi- sumers that can occur when they receive an- order, to the extent practicable. DOE may sion G are derived from measures passed by nual privacy notices by clarifying that an- exclude such a condition from the renewed or the House on a bipartisan basis in the 114th nual privacy notices are only required when reissued order if it determines that such con- Congress. disclosure policies change after the relation- dition would prevent the order from ade- ship begins, and to the extent an institution quately addressing the emergency necessi- Title LXXI—Improving Access to Capital for Emerging Growth Companies shares sensitive personal information with tating such order and provides in the order, third parties for marketing purposes. The Title LXXI makes changes related to the or otherwise makes publicly available, an ex- House passed legislation identical to the pro- treatment of Emerging Growth Companies planation of such determination. visions contained in Title LXXV by voice (EGCs), as defined by the Jumpstart Our Sec. 61003—Critical Electric Infrastructure Secu- vote on April 13, 2015. rity Business Startups Act (JOBS Act). Specifi- cally, this title reduces the number of days Title LXXVI—Reforming Access for Investments Section 61003 would establish a new section in Startup Enterprises 215A of the Federal Power Act that would an EGC must have a confidential registra- Title LXXVI amends Section 4 of the Secu- provide the Secretary of Energy with the au- tion statement on file with the Securities rities Act of 1933 to facilitate the sale of thority to address grid security emergencies and Exchange Commission (SEC) before it company-issued securities by employees of if the President provides a written directive may conduct a ‘‘road show’’ from 21 days to private companies. Under current law, a or determination identifying a grid security 15 days. Title LXXI also clarifies that an holder of securities issued in a private place- emergency. The Secretary would be author- issuer that was an EGC at the time it filed a ment may resell the securities on a public ized to take emergency measures to protect confidential registration statement but is no market after a holding period. However, the bulk power system or defense critical longer an EGC will continue to be treated as there is not a legal framework providing for electric infrastructure located in the contig- an EGC through the date of its IPO. Finally, the private resale of such securities. Accord- uous 48 States and the District of Columbia, Title LXXI requires the SEC to revise its ingly, this title establishes a legal frame- including ordering critical electric infra- general instructions on Form S–1 regarding work for such transactions. The House structure owners and operators to take ap- the financial information an issuer must dis- passed legislation identical to the provisions propriate actions, with such measures to ex- close prior to its IPO. The House passed leg- contained in Title LXXVI by a vote of 404–0 pire no later than fifteen days from issuance. islation identical to the provisions contained on October 6, 2015. The new section 215A would also facilitate in Title LXXI by voice vote on July 14, 2015. the protection and voluntary sharing of crit- Title LXXII—Disclosure Modernization and Title LXXVII—Preservation Enhancement and ical electric infrastructure information be- Simplification Savings Opportunity tween private sector asset owners and the Title LXXII directs the SEC to simplify its Title LXXVII amends the Low Income Federal government by: (1) exempting des- disclosure regime for issuers and investors Housing Preservation and Resident Home- ignated Critical Electric Infrastructure In- by permitting issuers to submit a summary ownership Act of 1990 (LIHPRHA) to permit formation from certain Federal and State page on Form 10–K with cross-references to property owners (including nonprofits) of disclosure laws for a period up to 5 years; (2) the content of the report. This title also di- multifamily developments subsidized by the requiring FERC to facilitate voluntary infor- rects the SEC to revise Regulation S–K to Department of Housing and Urban Develop- mation sharing between Federal, State, local scale disclosure rules for EGCs and smaller ment (HUD) to access income derived from and tribal authorities, the Electric Reli- issuers, and to eliminate duplicative, out- such developments provided that the owners

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00172 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.036 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8821 adhere to HUD’s affordability and compli- censed in that state. The House passed legis- tain bank holding companies with less than ance standards. This title also provides for lation identical to the provisions contained $15 billion in assets. The title permits bank certain reforms under LIHPRHA relating to in Title LXXXII by voice vote on April 13, holding companies to continue counting hy- obtaining or refinancing a loan secured by a 2015. brid capital instruments issued before May low-income housing project. The House Title LXXXIII—Small Bank Exam Cycle Reform 19, 2010, as Tier 1 capital so long as the com- passed legislation identical to the provisions pany held less than $15 billion in assets as of Title LXXXIII amends the Federal Deposit contained in Title LXXVII by voice vote on either December 31, 2009 or March 31, 2010. Insurance Act to increase the qualifying July 14, 2015. asset threshold for insured depository insti- Title LXXXIII—State Licensing Efficiency Title LXXVIII—Tenant Income Verification Re- tutions eligible for 18-month on-site exam- Title LXXXIII amends the Secure and Fair lief ination cycles from $500 million to $1 billion. Mortgage Licensing Act of 2008 (SAFE Act) Title LXXVIII permits HUD to allow pub- The House passed legislation identical to the by directing the Attorney General to provide lic and assisted housing administrators to provisions contained in Title LXXXIII by a appropriate state officials responsible for verify income once every three years—in- vote of 411–0 on October 6, 2015. regulating financial service providers with stead of annually—for low-income tenants Title LXXXIV—Small Company Simple Reg- access to criminal history information to the that have fixed incomes, such as incomes de- istration extent that criminal history background rived from social security payments. The checks are required under state law for the Title LXXXIV simplifies the registration House passed legislation identical to the pro- licensing of such parties. In 2006, the states, process by amending the SEC’s Form S–1 visions contained in Title LXXVIII by voice under the auspices of the Conference of State registration statement, which is the basic vote on March 24, 2015. Bank Supervisors (CSBS), developed the Na- registration form for new securities offer- tionwide Mortgage Licensing System and Title LXXVIX—Housing Assistance Efficiency ings, to allow smaller reporting companies Registry (NMLS). According to CSBS, the Title LXXVIX amends the McKinney- to incorporate by reference any documents NMLS platform was designed to provide ‘‘im- Vento Homeless Assistance Act to allow a filed with the SEC after the effective date of proved coordination and information sharing private nonprofit organization to administer the Form S–1. The House passed legislation among regulators, increased efficiencies for permanent housing rental assistance pro- identical to the provisions contained in Title industry, and enhanced consumer protec- vided through the Continuum of Care Pro- LXXXIV by a vote of 426–0 on July 14, 2015. tion.’’ Congress codified the NMLS in 2008 gram under the Act. This title also requires Title LXXXV—Holding Company Registration through the SAFE Act. Title LXXXIII is in- that the HUD Secretary reallocate, at least Threshold Equalization tended to authorize the NMLS to process once during each fiscal year, any housing as- Title LXXXV amends Title VI of the JOBS criminal background checks for non-deposi- sistance provided from the Emergency Solu- Act to raise the threshold for mandatory tory licensees beyond mortgage loan origina- tions Grants Program that is unused or re- SEC registration of savings and loan compa- tors. The House passed legislation identical turned, or that becomes available after the nies from 500 shareholders of record to 2,000 to the provisions contained in Title LXXXIII minimum allocation requirements under the shareholders of record (with no limitation on by voice vote on October 28, 2015. Act. The House passed legislation identical the number of non-accredited investors) and to the provisions contained in Title LXXVIX Title LXXXIX—Helping Expand Lending Prac- to raise the threshold for a savings and loan by voice vote on July 14, 2015. tices in Rural Communities company to terminate its registration from Title LXXX—Child Support Assistance Title LXXXIX amends the Dodd-Frank 300 to 1,200 shareholders of record. The House Wall Street Reform and Consumer Protec- Title LXXX amends the Fair Credit Re- passed legislation identical to the provisions tion Act to require the Bureau of Consumer porting Act to eliminate the requirement contained in Title LXXXV by voice vote on Financial Protection (Bureau) to create a pe- that state and local child support agencies July 14, 2015. tition process for interested parties to apply and courts notify an obligor ten days before SENATE AMENDMENT for an area not designated by the Bureau as retrieving a consumer report for purposes of The Senate amendment to H.R. 22 contains rural for purposes of federal consumer finan- determining the appropriate level of child no provisions comparable to the House posi- cial law to be so designated. Under this title, support payments, or enforcing a child sup- tion. the Bureau is required to publish applica- port order, award, agreement, or judgment. CONFERENCE SUBSTITUTE tions in the Federal Register within 60 days The House passed legislation identical to the and make them available for public com- The Senate recedes from its position and provisions contained in Title LXXX by voice ment for no fewer than 90 days. When evalu- concurs in the House position with certain vote on October 6, 2015. ating the application, the Bureau would be modifications. Specifically, the conference Title LXXXI—Private Investment in Housing required to take into consideration: substitute consists of the above-described fif- Title LXXXI authorizes the HUD Secretary Criteria used by the U.S. Census Bureau teen titles, as adopted by the House without to establish a demonstration program under when classifying geographical areas as rural further modification, and five additional ti- which the Secretary may enter into budget- or urban; tles providing for regulatory relief and re- neutral, performance-based agreements (for Criteria used by the Office of Management lated financial services reforms. These five up to 12 years each) that result in a reduc- and Budget when designating counties as titles are the following: tion in energy or water costs with appro- metropolitan or micropolitan or neither; priate entities. Specifically, such agree- Title LXXXVI—Repeal of Indemnification Re- Criteria used by the Department of Agri- ments shall facilitate energy or water con- quirements culture when determining property eligi- servation improvements at up to 20,000 resi- Title LXXXVI amends the Securities Ex- bility for rural development programs; dential units in multifamily buildings par- change Act of 1934 and the Commodity Ex- The Department of Agriculture rural- ticipating in Section 8 rental assistance pro- change Act to repeal the indemnification re- urban commuting area codes; grams, supportive housing for the elderly, or quirements added by the Dodd-Frank Wall A written opinion of the State banking supportive housing for people with disabil- Street Reform and Consumer Protection Act regulator; and ities. This title mirrors a request by the Ad- for regulatory authorities to obtain access to Population density. Title LXXXIX further requires the Bureau ministration in its 2015 Budget proposal. The swap data. Foreign regulators and regu- to grant or deny any application within 90 House passed legislation identical to the pro- latory entities have indicated concerns re- days following the expiration of the com- visions contained in Title LXXXI by voice garding the indemnification requirements of ment period. The grant or denial must be vote on July 14, 2015. Dodd-Frank. The title removes such require- published in the Federal Register, along with ments so data can be shared with foreign au- Title LXXXII—Capital Access for Small Com- an explanation of what factors the Bureau thorities. The title would still require the munity Financial Institutions relied upon in making the decision. regulatory agencies requesting the informa- Title LXXXII amends the Federal Home Title LXXXIX contains a rule of construc- tion to agree to certain confidentiality re- Loan Bank Act to allow privately insured tion providing that the Bureau is not re- quirements prior to receiving the data. The credit unions to be eligible for membership quired to consider, in connection with the House passed legislation identical to the pro- in the Federal Home Loan Bank (FHLB) Sys- above-described evaluation, any previous visions contained in Title LXXXVI by voice tem. In order to be eligible for membership, designation of the area as non-rural by cer- vote on July 14, 2015. a privately insured credit union must receive tain other Federal agencies. Title LXXXXIX a certification from its state supervisor stat- Title LXXXVII—Treatment of Debt or Equity also includes a sunset provision providing ing that it is eligible to apply for Federal de- Instruments of Smaller Institutions that the designation review process estab- posit insurance. Additionally, the private in- Title LXXXVII amends the Financial Sta- lished under such title shall cease to have surer of the credit union must provide a copy bility Act of 2010 to adjust the date on which force or effect after the end of the two-year of the credit union’s annual audit report to consolidated assets are determined for pur- period beginning on the date of the title’s en- the National Credit Union Administration poses of exempting certain instruments of actment. In addition, Title LXXXIX amends (NCUA) and the Federal Housing Finance smaller institutions from capital deductions. the Truth in Lending Act to provide the Bu- Agency. Further, a state supervisor must The purpose of this title is to provide regu- reau with authority to treat a balloon loan provide to the NCUA, upon request, the re- latory relief from the requirements of Sec- as a ‘‘qualified mortgage’’ if such loan was sults of any examination and reports con- tion 171 of the Dodd-Frank Wall Street Re- extended by any creditor operating in rural cerning a private insurer of credit unions li- form and Consumer Protection Act to cer- or underserved areas, even if the creditor

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00173 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.037 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8822 CONGRESSIONAL RECORD — HOUSE December 1, 2015 does not operate predominantly in such 1313, 24406, and 43001 of the House amendment The SPEAKER pro tempore. Pursu- areas. Finally, Title LXXXIX provides ex- and secs. 32502 and 35437 of the Senate ant to House Resolution 539, the joint panded authority for the Bureau to exempt amendment, and modifications committed to resolution is considered read. creditors serving rural or underserved areas conference: The text of the joint resolution is as from requirements applicable to escrow and BOB GOODLATTE, impound accounts relating to certain con- TOM MARINO, follows: sumer credit transactions. The House passed ZOE LOFGREN, S.J. RES. 23 legislation substantially similar to the pro- As additional conferees from the Committee Resolved by the Senate and House of Rep- visions contained in Title LXXXIX by a vote on Natural Resources, for consideration of resentatives of the United States of America in of 401–1 on April 13, 2015. secs. 1114–16, 1120, 1301, 1302, 1304, 1305, 1307, Congress assembled, That Congress dis- ADVISORY OF EARMARKS 1308, 1310–13, 1316, 1317, 10001, and 10002 of the approves the rule submitted by the Environ- Pursuant to clause 9 of rule XXI of the House amendment and secs. 11024–27, 11101– mental Protection Agency relating to Rules of the House of Representatives, it 13, 11116–18, 15006, 31103–05, and 73103 of the ‘‘Standards of Performance for Greenhouse shall not be in order to consider in the House Senate amendment and modifications com- Gas Emissions from New, Modified, and Re- of Representative a conference report to ac- mitted to conference: constructed Stationary Sources: Electric company a bill or joint resolution unless the GLENN THOMPSON, Utility Generating Units’’ (published at 80 joint explanatory statement includes a list DARIN LAHOOD, Fed. Reg. 64510 (October 23, 2015)), and such of congressional earmarks, limited tax bene- As additional conferees from the Committee rule shall have no force or effect. fits, or limited tariff benefits as defined in on Oversight and Government Reform, for The SPEAKER pro tempore. The clause 9(e), 9(f), and 9(g) of rule XXI of the consideration of secs. 5106, 5223, 5504, 5505, 61003, and 61004 of the House amendment and joint resolution shall be debatable for 1 Rules of the House of Representatives or a hour, equally divided and controlled by statement that the proposition contains no secs. 12004, 21019, 31203, 32401, 32508, 32606, congressional earmarks, limited tax bene- 35203, 35311, and 35312 of the Senate amend- the chair and ranking minority mem- fits, or limited tariff benefits. No provision ment, and modifications committed to con- ber of the Committee on Energy and in the conference report accompanying H.R. ference: Commerce. 22 includes an earmark, limited tax benefit, JOHN L. MICA, The gentleman from Kentucky (Mr. or limited tariff benefit under clause 9(e), WILL HURD, WHITFIELD) and the gentleman from GERALD E. CONNOLLY, 9(f), or 9(g) of rule XXI. New Jersey (Mr. PALLONE) each will From the Committee on Transportation and As additional conferees from the Committee on Science, Space, and Technology, for con- control 30 minutes. Infrastructure, for consideration of the The Chair recognizes the gentleman House amendment and the Senate amend- sideration of secs. 3008, 3015, 4003, and title VI ment, and modifications committed to con- of the House amendment and secs. 11001, from Kentucky. ference. 12001, 12002, 12004, 12102, 21009, 21017, subtitle GENERAL LEAVE BILL SHUSTER, B of title XXXI, secs. 35105 and 72003 of the Mr. WHITFIELD. Mr. Speaker, I ask JOHN J. DUNCAN, Jr., Senate amendment, and modifications com- unanimous consent that all Members SAM GRAVES, mitted to conference: LAMAR SMITH, may have 5 legislative days to revise CANDICE S. MILLER, and extend their remarks and to in- ERIC A. ‘‘RICK’’ CRAWFORD, BARBARA COMSTOCK, LOU BARLETTA, DONNA F. EDWARDS, clude extraneous material on S.J. Res. BLAKE FARENTHOLD, As additional conferees from the Committee 23. BOB GIBBS, on Ways and Means, for consideration of The SPEAKER pro tempore. Is there JEFF DENHAM, secs. 31101, 31201, and 31203 of the House objection to the request of the gen- REID J. RIBBLE, amendment and secs. 51101, 51201, 51203, 52101, tleman from Kentucky? SCOTT PERRY, 52103–05, 52108, 62001, and 74001 of the Senate There was no objection. ROB WOODALL, amendment, and modifications committed to conference: Mr. WHITFIELD. Mr. Speaker, I JOHN KATKO, yield myself such time as I may con- BRIAN BABIN, KEVIN BRADY, CRESENT HARDY, DAVID G. REICHERT, sume. GARRET GRAVES, SANDER LEVIN, Today, we will debate resolutions of PETER A. DEFAZIO, Managers on the Part of the House. disapproval under the Congressional ELEANOR HOLMES NORTON, JAMES M. INHOFE, Review Act for the two EPA rules regu- JERROLD NADLER, JOHN THUNE, lating greenhouse gas emissions from CORRINE BROWN, ORRIN G. HATCH, new and existing electric generating EDDIE BERNICE JOHNSON, LISA MURKOWSKI, units. ELIJAH E. CUMMINGS, DEB FISCHER, I might say that it is appropriate RICK LARSEN, JOHN BARRASSO, MICHAEL E. CAPUANO, that we are debating these resolutions JOHN CORNYN, today. As we know, the President and GRACE F. NAPOLITANO, BARBARA BOXER, DANIEL LIPINSKI, BILL NELSON, other leaders are meeting in France as STEVE COHEN, RICHARD J. DURBIN, we speak. They are speaking in gener- ALBIO SIRES, Managers on the Part of the Senate. alities; they are not being detailed in As additional conferees from the Committee their plans. Yet, in America, we are be- on Armed Services, for consideration of sec. coming aware more each day of exactly 1111 of the House amendment, and modifica- f the impact the EPA’s regulations are tions committed to conference: MAC THORNBERRY, having on the American people. PROVIDING FOR CONGRESSIONAL I remind everyone that Congress was LORETTA SANCHEZ, DISAPPROVAL OF A RULE SUB- As additional conferees from the Committee not a part of any of this. The White on Energy and Commerce, for consideration MITTED BY THE ENVIRON- House did not talk to us about any of of secs. 1109, 1201, 1202, 3003, Division B, secs. MENTAL PROTECTION AGENCY this. The clean energy plan comes from 31101, 31201, and Division F of the House Mr. WHITFIELD. Mr. Speaker, pur- the White House and is being imple- amendment and secs. 11005, 11006, 11013, 21003, suant to House Resolution 539, I call up mented by the EPA. 21004, subtitles B and D of title XXXIV, secs. the joint resolution (S.J. Res. 23) pro- Mr. Speaker, I yield 21⁄2 minutes to 51101 and 51201 of the Senate amendment, and modifications committed to conference: viding for congressional disapproval the gentleman from Oklahoma (Mr. FRED UPTON, under chapter 8 of title 5, United MULLIN). MARKWAYNE MULLIN, States Code, of a rule submitted by the Mr. MULLIN. I thank the chairman. FRANK PALLONE, Jr., Environmental Protection Agency re- Mr. Speaker, I rise today to encour- As additional conferees from the Committee lating to ‘‘Standards of Performance age Members to support these resolu- on Financial Services, for consideration of for Greenhouse Gas Emissions from tions. sec. 32202 and Division G of the House New, Modified, and Reconstructed Sta- In 1996, Congress passed and the amendment and secs. 52203 and 52205 of the tionary Sources: Electric Utility Gen- President signed into law an important Senate amendment, and modifications com- mitted to conference: erating Units’’, and ask for its imme- tool for ensuring our three branches of MAXINE WATERS, diate consideration in the House. government stay true to the vision of As additional conferees from the Committee The Clerk read the title of the joint our Founding Fathers that was set over on the Judiciary, for consideration of secs. resolution. 200 years ago. Today, we are here to use

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00174 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.038 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8823 this tool to rein in a President who has ply, the United States exercises its generating rules. I might add that, in forgotten that the legislative branch leadership, giving assurance to other the last 5 years, this administration makes the laws and that the executive nations to follow our example. has spent a total of $77 billion on cli- branch enforces them. This resolution and its companion mate change. The final rules regarding emissions will block the EPA and this adminis- People ask why we have not taken from new and existing power plants are tration from taking prudent steps to action. This administration has been so a clear executive overreach. In issuing reduce carbon pollution from one of the extreme, so aggressive—and view this these rules, the EPA has acted outside highest emitting sectors, the power as the number one priority facing man- the authority it was granted by Con- sector. kind—that we don’t have enough gress in the Clean Air Act. That is not all. The Congressional money to act. Also, there are 61 sepa- Electricity generation has always Review Act stipulates that the passage rate Federal programs under the been the responsibility of States, but of a resolution to block a final rule Obama administration that address cli- with these rules the President is also bars the Agency from issuing any mate change. threatening communities, businesses, rules that are substantially similar. So Mr. Speaker, I yield 3 minutes to the and families by attempting to put the these resolutions prevent any future gentlewoman from Indiana (Mrs. Federal Government in charge. These administration from developing similar BROOKS). rules are unworkable, and they put the rules to control carbon emissions from b 1445 reliability of our electric grid at risk. power plants. I ask my colleagues to seriously con- The irony is that this sector already Mrs. BROOKS of Indiana. Mr. Speak- sider the consequences of allowing such is poised to make many of the changes er, back in October I had the oppor- clear executive overreach to stand, and that are contained within these EPA tunity to attend the Indiana Industrial I urge them to support this resolution rules. These changes are being driven Energy Consumers annual conference of disapproval. by a combination of factors, only one in Indianapolis. There I heard from Mr. PALLONE. Mr. Speaker, I yield of which is Federal regulation. State stakeholders across the energy supply myself such time as I may consume. policies, changes in the relative price chain about the serious economic and I rise in strong opposition to this res- of natural gas and coal, smart grid reliability issues emanating from the olution, and I oppose the other resolu- technologies, consumer demand, and EPA Clean Power Plan. tion that we will also consider this the further expansion of wind and solar For instance, John Hughes with the afternoon. generation all are factors that are re- Electricity Consumers Resource Coun- Once again, Republicans are attempt- shaping the grid and redefining rela- cil presented findings showing that In- ing to stop any action by this adminis- tionships within the electricity sector. diana alone stands to lose 12,500 jobs tration to reduce carbon emissions, Instead of trying to hold back these because of these rules. This comes on and, once again, the opponents of the forces, we should be helping States, top of the previous Obama administra- EPA’s regulations have no constructive local governments, consumers, grid op- tion regulations that have severely re- alternative to offer that would improve erators, utilities, and displaced work- stricted my State’s economic competi- the environmental performance of the ers to make this transition easier. tiveness and has dramatically in- electricity sector. Every significant effort to improve creased electricity bills for Hoosiers. In fact, this week, the House of Rep- air quality through the Clean Air Act In fact, Indiana’s electric rates have resentatives will not only consider regulations has met the same tired, old gone from the fifth lowest in the Na- these two unnecessary, ill-conceived arguments from the GOP—that it will tion in 2003 to the twenty-sixth lowest resolutions, but it will also consider an cost too much, that it will jeopardize in 2014. When these rules take effect, energy bill that is dedicated to rolling the reliability of our electricity sys- electricity rates in my State will con- back gains that have been made in en- tem, that we don’t have the technology tinue to climb to the tune of up to 20 ergy efficiency, grid modernization, to meet these new standards. Every percent each year. and renewable energy. time these dire predictions by my Re- As a result, Hoosier manufacturers, Mr. Speaker, governments and many publican colleagues are put forward, who drive more than 30 percent of our of the world’s largest private sector they have failed to materialize. economy, will be forced to shutter as- companies are gathered in Paris this We have already had delayed action sembly lines and lay off employees week. They are putting forward inno- on climate change, Mr. Speaker, for simply to pay their utility bills. vative ideas, and they are making com- too long. The EPA’s rules to set green- Congress needs to think about the mitments to forge a different energy house gas emissions standards for new very real consequences of this, even if path—one that will prevent us from and reconstructed generating units is the EPA and the Obama administra- further overheating the Earth and an essential first step toward a more tion are not thinking about this. The causing major disruptions to people’s sustainable energy future. This rule EPA Clean Power Plan means lost jobs, lives, their property, and the global sends a strong signal to the market in lost economic growth, and higher util- economy. favor of technologies that provide im- ity costs for both individuals and busi- We know that climate change is proved environmental performance. nesses. harming us today through droughts, These EPA rules—this one and the That is why I strongly support both fires, floods, and storms, and we know one that will be mentioned later of the bills before us, which put an end that it will endanger our children’s fu- today—should move forward, and this to the executive overreach, protect the ture if we don’t act now. joint resolution should be defeated. I American ratepayer, and allow us to Some of the opposition to these reso- urge a ‘‘no’’ vote on the resolution. truly pursue an all-of-the-above energy lutions is based on the assertion that I reserve the balance of my time. strategy that will transform our econ- they will not solve the world’s carbon Mr. WHITFIELD. Mr. Speaker, I omy and lay that strong foundation for emissions problems or ensure that we yield myself such time as I may con- our energy future. will avoid increased warming and cata- sume. Mr. PALLONE. Mr. Speaker, I yield 2 strophic climate change, but that is We are taking this action today to minutes to the gentlewoman from Cali- not true. Reducing carbon pollution protect the American people. The fornia (Ms. JUDY CHU). from the power sector through the im- American people do not expect Ms. JUDY CHU of California. Mr. plementation of performance standards unelected bureaucrats, acting at the Speaker, this week something historic for new power plants and improving discretion and the direction of the is happening. Leaders from 195 coun- the overall environmental performance President of the United States, to uni- tries are meeting in Paris to discuss a of our grid will reduce carbon emis- laterally adopt regulations that are global solution to a global problem: cli- sions here in the United States. questionably illegal. mate change. By making a commitment to this ef- We have 23 States that are filing law- There is no denying it anymore. Cli- fort and demonstrating that reducing suits on the new coal plant rules, and mate change is real. Human activity is pollution is consistent with maintain- we have 27 States that have already contributing to it. Without action, the ing a reliable, resilient electricity sup- filed lawsuits on the existing electric results will be catastrophic.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00175 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.042 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8824 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Yet, while the nations of the world including national as well as State and tive—that would address the issue of gather in agreement and concern, what local organizations in 36 States, writes climate change. are the House Republicans doing? They of EPA’s rule for new plants, which is So when my colleague from Ken- are rejecting science and reversing precisely what we are discussing today: tucky says, ‘‘Well, we are not denying what progress we have made. The EPA set a regulation so strict that that this exists. We just don’t think it These disapproval resolutions effec- the only technology that meets the re- is a priority,’’ well, it is not only not a tively gut EPA’s Clean Power Plan and quirement for a coal-fired power plant, priority. It is not something we have carbon pollution standards for power carbon capture and sequestration is addressed at all in any way anytime plants. By attacking the EPA, Repub- not commercially available. the Democrats or myself have tried to licans are opening the smokestacks to There is no technology available to raise this issue. release more of the dangerous emis- meet the stringent emissions standard To suggest that it shouldn’t be a pri- sions we know contribute to global set by EPA. Yet, China, India, and ority—and maybe that is not what he warming. This is reckless. every other country in the world can is saying, but it sounded that way— Not only do these resolutions ignore build a new coal plant if they decide to well, I come from a district where we the warnings of the scientific commu- do so. had Hurricane Sandy that devastated nity by reversing progress, they also We are not mandating that a plant be our district. We have droughts in Cali- block the EPA from issuing any stand- built, but we are recognizing the in- fornia—we were just discussing it with ards in the future that are substan- creased need for electricity in America my California colleagues who will be tially similar. Republicans must accept and that it must be affordable and it speaking soon—and all kinds of weath- that our country is evolving. must be abundant. For us to compete er extremes that are causing all kinds In fact, many States are already run- in the global marketplace, we simply of problems—loss of jobs, destruction ning on an increasing amount of renew- want that option, and that is what this around the country that has to be able energy, reducing energy waste, is about. made up for later by FEMA and other and decreasing carbon pollution. My I yield 2 minutes to the distinguished Federal agencies that come in and own State of California has set a goal gentleman from Georgia (Mr. CARTER). spend billions of dollars to try to cor- of 50 percent renewable energy by 2030, Mr. CARTER of Georgia. Mr. Speak- rect these problems. To suggest that and others are developing their own er, I rise today in support of S.J. Res. this is not a priority I think is wrong. plans to meet pollution reduction tar- 23, which disapproves of the EPA’s car- To suggest that somehow maybe the gets. bon standard rules for power plants. Republicans are dealing with it is sim- Each new goal towards a cleaner en- Our country is blessed with an abun- ply not the case. vironment only encourages the invest- dance of energy sources. Reliable, af- Again, I know you don’t particularly ments and innovations that will help fordable, and secured energy is critical like the President’s power plan, but at get us there. That is a benefit to our to our national security, and a diverse least he is trying to do something. I economy and our world, which is why energy portfolio adds to our strength. don’t see the GOP addressing this at two-thirds of Americans support a cli- While new technologies have allowed all. I yield 2 minutes to the gentleman mate change pact. us to tap into sustainable sources of from California (Mr. TED LIEU). It is time we listen to our constitu- energy, we lack the infrastructure to Mr. TED LIEU of California. Mr. ents, to the vast majority of scientists use that energy nationwide. Clean coal, Speaker, I am Congressman TED LIEU and experts, and to the tens of thou- natural gas, and nuclear produce the from California. I rise in opposition to sands of world leaders, experts, and ad- bulk of America’s energy for a reason. the Republican resolution opposing the vocates who are seeking a path toward They are affordable, reliable, and the Clean Power Plan. a sustainable future for our children most available. This is just another example of the and grandchildren. The carbon capture and storage tech- Republican majority denying the ur- I oppose these resolutions and these nologies mandated by this rule are not gency and severity of carbon pollution. reckless attacks on our environment. commercially viable. Make no mistake. At a time when the entire world is Mr. WHITFIELD. Mr. Speaker, I The EPA is seeking to ban the con- meeting in Paris to address carbon pol- yield myself such time as I may con- struction of any new fossil fuel power lution, you now have the Republican sume. plants and severely limit the produc- majority doing exactly the opposite. I might say that no one on our side of tion of the others. With its companion Now, America is an exceptional coun- the aisle has denied climate change. I rule on greenhouse gases, the EPA will try, the best in the world. One reason think we still live in a country where simultaneously force the closure of we got here is because we believe in we all can express our views and we many existing power plants. science. We believe in facts. simply disagree with the President on Until alternative sources of energy So if 9 out of 10 doctors said that the urgency of the issue. The President are affordable and available from coast your child is showing the symptoms of has even told the world that climate to coast, we must ensure that Ameri- diabetes, would you ignore that and change is a more pressing issue to man- cans can continue to affordably light keep feeding your child doughnuts? No. kind than terrorism. and heat their homes. Under this rule, You would go seek treatment. When we talk to people in the devel- we will be unable to achieve this. So listen to 9 out of 10 scientists that oping world, when we talk to people in I urge my colleagues to protect fami- are saying carbon pollution is real and Europe and around the globe, rep- lies and the economy by supporting it is going to kill us as a species if we resentatives come here and they stress this bill. don’t do anything about it. to us that they are more concerned Mr. PALLONE. Mr. Speaker, I yield If you don’t want to listen to those about clean water, a job, electricity, myself such time as I may consume. scientists, listen to some of the most health, hygiene, issues like that, than I just have to say, I listened to my conservative companies and organiza- they are about climate change. colleague from Kentucky (Mr. WHIT- tions in America. Listen to Even in the polls here in America, FIELD), who I respect a great deal. I ExxonMobil today. They say carbon only about 5 percent of the American think he is suggesting that somehow pollution is real, it is being caused by people view climate change as one of the Republicans on our committee or humankind, and they support putting a the most pressing issues facing man- maybe the leadership in the House do price on carbon emissions. kind. So that is why we have over 180 want to address climate change. Listen to the U.S. military. I served separate groups around the country Every time that I have tried in the in Active Duty, and I am still in the that support these joint resolutions to committee to bring up the issue of cli- Reserves. I am very proud of our mili- turn back what President Obama is mate change, nothing has happened. tary. They take the world as it is, not doing in an extreme and unprecedented We haven’t had a hearing. We haven’t as they think it should be, not as they way. had a bill. We haven’t had any initia- hope it will be, but as it is. They rely I would also just like to read that the tive since I have been on the com- on facts and science. Partnership for a Better Energy Fu- mittee, let alone served as the ranking They are telling us carbon pollution ture, which is a 181-member coalition, member, in the last year—any initia- is a national security threat and it is

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00176 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.043 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8825 going to flood our bases, it is going to gentleman from New York (Mr. TONKO) benefits. Businesses understand the cause more extreme weather events, will control the time on behalf of the economic consequences of inaction, and it is going to make it much worse gentleman from New Jersey (Mr. PAL- that they are severe, and that we need for humanity if we don’t do something LONE). to prepare for climate change today. about it. There was no objection. They know the regulations are pro- At the end of the day, America is Mr. TONKO. Mr. Speaker, I yield 3 jected to create over 300,000 new clean going to lead and the history books are minutes to the gentlewoman from Cali- energy jobs. going to say we led the way in saving fornia (Mrs. CAPPS). She serves as a On the central coast of California, humanity and dealing with carbon pol- member of the Subcommittee on Envi- my congressional district, we have seen lution or there will be no history ronment and the Economy. She is an firsthand how important the jobs asso- books. outspoken voice for defending the envi- ciated with the clean energy tech- Mr. WHITFIELD. Mr. Speaker, I ronment and calling for our sound nologies are. Renewable energy yield 2 minutes to the gentleman from stewardship of the environment. projects in my district have created South Carolina (Mr. DUNCAN). Mrs. CAPPS. Mr. Speaker, I rise in hundreds of new jobs, and provide Mr. DUNCAN of South Carolina. Mr. unwavering opposition to these resolu- enough energy for over 100,000 homes. Speaker, I wish President Obama took tions which deny the real effects of cli- Instead, here we are today, debating the threat of radical Islamic jihadists mate change and express opposition to and voting on resolutions of dis- as seriously as he takes the pseudo our Nation’s effort to address it. approval that deny these facts and science behind the manmade climate These resolutions are particularly show again the willingness of the ma- change threat. embarrassing because they come at a jority to bury its head in the sand Folks, these EPA rules affect jobs time when the rest of the world is com- when faced with the need for action on and they affect the amount of money ing together in Paris to identify solu- climate change. in the pockets of moms and dads all tions to climate change. There is over- Just a few months ago, we all sat in across this great country. Now, trans- whelming consensus around the globe this Chamber together as the Pope portation fuel costs are down for moms that climate change is one of the most spoke of our world’s most pressing and dads, but the power to heat and critical issues facing our world, not challenges. In that speech, he reminded cool their homes, the power to run the just for the environment, but for us that it is our moral obligation to re- engines of the economy—the cost of human health and for our local econo- spond to climate change. I couldn’t that power has gone up because of the mies. agree more. We must band together to EPA regulations and rule writing that Our climate is changing. Our actions enact meaningful and lasting change we have seen. are emitting the greenhouse gasses What does that mean? Well, whole- for our people and our planet. I urge that are contributing to this problem. sale electricity prices in South Caro- my colleagues to oppose these resolu- Climate change is threatening public lina will spike as high as 13.9 percent. tions. health, people’s livelihoods, and the Mr. WHITFIELD. Mr. Speaker, I Households will pay as much as $84.19 very environment that we live in. yield myself such time as I may con- more a year. Industrial customers will While we should be determining a sume. pay as much as $40,200 more a year just course forward to protect our constitu- One of the great things about having in South Carolina. It will cause 11,700 ents and safeguard our planet for gen- a debate in this body is that we all get manufacturing jobs to be impacted. erations to come, we are instead send- Since 2012, 27 coal mining companies to express our different views, and the ing a signal to the rest of the world of with core operations in West Virginia world benefits when different views can willful negligence and disregard. In- have filed for bankruptcy protection. be expressed. stead of arguing about whether the cli- One of the reasons that we brought But you know what? The TPP trade mate is changing, which it is, or if we these resolutions to the House floor deal will allow West Virginia coal and are responsible, which we are, it is high today is because of the climate change Wyoming coal to be shipped to China time that we work together to deter- conference in France going on today. to be burned. Now, where is the hypoc- mine solutions. We want the world to know that there risy in that? Let me tell you this: We rely on 24/7, The new source carbon pollution is disagreement with the President on always on, baseload power to run the standards and the Clean Power Plan this issue, not about the fact that the engines of our society to heat and cool will not solve all of the problems asso- climate is changing, but about the pri- our homes. We can’t do that with inter- ciated with greenhouse gasses, but it is ority that is being placed on it. mittent solar and wind. You can do a necessary step in the right direction. Why should this President penalize that with nuclear, hydro, and fossil- In addition to enacting meaningful America and put us in jeopardy com- fuel-fired power plants. change to curb emissions from the pared to other countries of the world Think about the morality of 24/7 power sector, which is the largest and require us to do more than other baseload power. That means the incu- source of greenhouse gas emissions in countries of the world are doing just so bators in the hospitals are there to pro- this country, these regulations also that he can go to France and claim to vide the incubation for the preemie send a signal to people across America be the world leader on climate change? children. That means that you can and across the world that we are work- According to the Energy Information keep food from spoiling. That means ing to address this broader issue. Administration, energy-related CO2 you can heat your homes with some Curbing carbon emissions from new emissions in America will remain sort of source that doesn’t cause pollu- and existing power plants in the coun- below 2005 levels through 2040. Our CO2 tion inside your home like it does, say, try signifies that we are serious about emissions today are roughly the same in Latin America or Africa, where they working toward a cleaner, healthier fu- as they were 20 years ago. America are burning wood or coal. ture. does not have to take a backseat to We have the ability through nuclear, In addition to providing for a anyone on addressing climate change. hydro, and through fossil-fuel-fired healthier environment for current and That is the point that we want the power plants to provide that 24/7 base- future generations, these regulations world to understand. We are doing a load power. You can’t do it with regu- are important for both our public lot. We would like to help other coun- lations that continue to kill the indus- health and our business community tries do more, but why should we be pe- try. You can’t do it with intermittent alike. EPA’s carbon regulations will nalized? 1 energy sources like wind and solar. lead to billions of dollars of public At this time, I yield 1 ⁄2 minutes to These regulations and these rules, health benefits, potentially averting the distinguished gentleman from written because of those regulations, thousands of premature deaths and Georgia (Mr. ALLEN). are killing job creation in this country. tens of thousands of asthma attacks in Mr. ALLEN. Mr. Speaker, you have children. heard the facts from the gentleman b 1500 The private sector has also stressed from Kentucky just now. What we are The SPEAKER pro tempore (Mr. the need to take action because they dealing with here on the other side is HULTGREN). Without objection, the understand the long-term costs and an ideology.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00177 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.044 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8826 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Today I rise in support of the two As a global leader, we must reduce household budget on energy costs resolutions that work to keep elec- carbon emissions. To simply ignore our alone. tricity affordable and reliable for responsibility is misguided and will To stand up for middle-income fami- Americans. S.J. Res. 23 and S.J. Res. 24 harm generations to come. We can’t lies, we have an obligation to fight for are a response to harmful regulations solve climate change by ourselves, but policies that will keep energy costs established by the EPA under the we must lead and be part of a larger ef- down. Unfortunately, the administra- President’s Clean Power Plan. The fort. tion’s new regulations do exactly the EPA’s regulations implement the first- I know that fossil fuels—and in par- opposite, which is why I introduced ever caps on carbon emissions, which ticular, liquid fuels—will be needed in resolutions to combat these regula- will result in higher energy costs for the years ahead, but we can still move tions immediately after they were an- American families, businesses, and toward a more efficient and sustainable nounced and garnered the support of consumers. Some experts have said energy system. cosponsors from 15 different States. that the Clean Power Plan could be the For example, I have actually had coal Americans across every corner of this most expensive regulation ever im- plants in my region shut down, shift to country are impacted by this adminis- posed on Americans. biomass, and become very successful tration’s overregulatory zeal, and we Congress must protect Americans while also benefiting the climate. I have got to do everything we can to from legacy-driven agendas that tram- would also note that California is again stop it. ple the rights of our citizens, hurt our leading the world in efforts to promote The facts are clear. These regulations economy, and hinder job growth. These cleaner energy with a 50 percent renew- will shut down vital power plants two resolutions work to provide protec- able energy goal by 2050. across the country, costing thousands tion for existing and future American I represent part of the Central Val- of hardworking Americans their jobs, power plants and safeguard Americans ley, which has some of the worst air and in the process driving up elec- from higher energy costs. quality in the Nation. While this comes tricity costs for every American. To The Senate has already passed this from a variety of sources, it impacts that point, the Electric Reliability legislation. As the people’s House, it is everyone. In an area that is already Council of Texas anticipates that these imperative that we vote to protect hurt economically, dirty air affects regulations will increase retail power Americans from these destructive regu- school- and workdays and dispropor- prices in Texas by up to 16 percent; and lations. tionately hurts children and other when family budgets are already I will continue to fight against the adults. This makes me more deter- stretched so thin, they simply can’t af- EPA’s power grab. That is why I mined than ever to develop green en- ford this increase. In developing these strongly support these two pieces of ergy. regulations, the Obama administration legislation. This vote will again show that most Mr. TONKO. Mr. Speaker, I yield my- once again has ignored everyday Amer- or all House Republicans deny the obvi- self such time as I may consume. icans and instead doubled down on its Mr. Speaker, I have great respect for ous: climate change is taking place as extreme ideological agenda. our colleague from Kentucky. However, a result of human activity. I expect Making matters worse, the EPA when he talks about being in disagree- that many of my Republican colleagues itself admits that these regulations ment with the President of the United know and believe that climate change come at a cost of anywhere between States, I should point out also that he is real and is a long-term threat, and $5.1 billion and $8.4 billion in year 2030 is in disagreement with 97 percent of yet we are voting on these two resolu- alone. the scientist community that professes tions today. What are the benefits of these regula- that we need to do something tremen- Lastly, one argument we hear is that tions, you may ask? In exchange for dously strong in response to climate the Clean Power Plan is administrative crushing American families, losing change. overreach and that it was never au- American jobs at a cost of billions and In regard to our role in this whole thorized by Congress. But this is ex- billions of dollars, what profound effect arena, putting ourselves at a competi- actly what the Clean Air Act does. The will these regulations have on our envi- tive disadvantage, one of the respon- Supreme Court has ruled that carbon ronment? sibilities that befalls the leading na- emissions can be regulated by the Well, the scientific experts estimate tion like the United States is that, in Clean Air Act. that these regulations would only re- fact, we must be that inspiration that I urge my colleagues to support our duce the global temperature by one inspires the international community. future, reject efforts that increase pol- one-hundredth of a degree Fahrenheit We have been able to bring some 150 lution, and oppose this measure. and reduce sea levels by a mere two- countries to the fold to speak to their Mr. WHITFIELD. Mr. Speaker, may I tenths of 1 millimeter. Mr. Speaker, we efforts of climate change, and we have inquire how much time is remaining on simply can’t let the Obama administra- inspired efforts from major nations both sides. tion force Americans to sacrifice so like that of China, Brazil, and Mexico The SPEAKER pro tempore. The gen- much when even the most optimistic of so as to begin that process. tleman from Kentucky has 161⁄2 min- calculations predict that the return When I met in my office with rep- utes remaining. The gentleman from would be negligible at best. resentatives from the EU—I think New York has 141⁄2 minutes remaining. I urge my colleagues to support both there were 13 nations represented— Mr. WHITFIELD. Mr. Speaker, I pieces of legislation which are so crit- they all wanted to know where the yield 3 minutes to the distinguished ical to stopping these regulations dead giant was on this issue. The world is gentleman from Texas (Mr. in their tracks. looking to the United States for its RATCLIFFE). b 1515 leadership, and that is a role that we Mr. RATCLIFFE. I thank the gen- should not take lightly, and it is one tleman from Kentucky for his leader- Mr. TONKO. Mr. Speaker, I yield my- that we should move forward with in ship on this important issue. self such time as I may consume. bold fashion. Mr. Speaker, every day Washington Mr. Speaker, there is much talk of With that being said, I now yield 3 hits the American people with more the impact the President has on this minutes to the gentleman from Cali- regulations that hurt families, but issue and that it is a one-person force fornia (Mr. MCNERNEY), who has been very few will hurt these families more driving this country in a given direc- an outstanding voice on the Sub- than President Obama’s so-called Clean tion, but a memo has been brought to committee on Environment and the Power Plan because, according to the my attention from Cassandra Car- Economy. U.S. Energy Information Agency, the michael, Executive Director of the Na- Mr. MCNERNEY. Mr. Speaker, I rise average electricity cost for a Texas tional Religious Partnership for the to oppose S.J. Res. 23 and S.J. Res. 24. household each year is $1,800, which is Environment, and the faith-based com- Frankly, this effort to deny climate already 26 percent higher than the na- munity, which incorporates several change reminds me of the 50-plus votes tional average. To put this in perspec- faiths, who have written very strongly we have taken to try to eliminate the tive, almost half of all Texans spend about their belief that we need to move Affordable Care Act. more than 15 percent of their annual forward with climate change action.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00178 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.045 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8827 They are disappointed in the lack of And what are we here in Congress bills. But that is what we are going to foresight and leadership reflected in doing? We are trying to scuttle the get if EPA’s proposed rules for new and these two resolutions. They make it plans that have been made by this existing power plants go into effect. abundantly clear that their commu- country to try to reduce carbon pollu- Many families in Texas are already nities are on the front lines of issues tion. We are trying to scuttle it. We living paycheck to paycheck. They are like health care, disaster relief, refugee are using the argument that it is too looking for ways to put a little extra resettlement, and development work. costly to the big businesses that are al- aside so they can have a nice Christ- These are all issues that are somewhat ready making billions. mas. But the EPA’s rule for power connected in the external measure- Don’t you know that, regardless of plants will do more than just raise ments of the fight on climate change. the cost to the big businesses, they are their electricity rates. Higher rates in- They also talk about their beliefs going to transfer those costs on down crease the cost of many other products that the Clean Power Plan is a solution to you and me? Well, I think the health and services that families need to buy. that they have been advocating for of our babies, the health of our elderly, During this weak economic recovery, over the course of many years, and and our own health is something that families struggling to pay bills or still that they believe that we can do this most Americans are willing to pay for. looking for good-paying jobs simply by assignment to the individual States, We have got to have leadership in can’t afford for their cost of living to not imposing heavy economic pressure this Congress. We can’t allow ourselves go up. Folks in my district have had on some of our poorest neighborhoods, to put our heads in the sand and let cli- enough of this kind of executive over- and that there is a way to be sound mate change just rape and pillage the reach by the White House. They have stewards of the environment and at the world. 195 world leaders say that we had enough of the excessive red tape same time grow our economy. can’t do that. That is what they are that just seems to keep on coming I believe that it is a very powerful working on now, today, and we should from Federal bureaucracies like the statement that should motivate all of be supporting that effort. EPA. They know it destroys jobs and us to think twice about our actions Unfortunately, we are going in the economic growth; and in this case, it here, that we should move forward in a wrong direction here in this particular also puts our national security at risk. progressive fashion. They indicate body by trying to kill it. I don’t know This new red tape by the EPA will God’s creation is sacred and that we whether or not that is because Presi- hamper American energy security, and are called on to be responsible stewards dent Obama represents this country. American energy security is a critical of the gifts of creation while protecting He has been the most mistreated Presi- component of American national secu- our vulnerable neighbors. It doesn’t get dent during my lifetime, certainly. I rity. stronger than that. don’t know whether or not it is the ha- The EPA’s plan is an unnecessary at- So with that, I just think it needs to tred for him that causes people to deny tempt to eliminate reliable and afford- be brought into the discussion that it science. But whatever it is, let’s get off able energy. Let’s help make sure our is not a one-person operation, a one- of it. Let’s do the right thing, and let’s families, our veterans, and our senior person show that is drawing us down oppose these two resolutions. citizens don’t face higher energy bills. this certain route of response to cli- Mr. WHITFIELD. Mr. Speaker, I I encourage my colleagues to support mate change but, rather, a large uni- yield myself such time as I may con- S.J. Res. 23 and 24. Mr. TONKO. Mr. Speaker, I yield my- verse of support there that speaks to sume. Mr. Speaker, I might say that this is self such time as I may consume. the wisdom of sound stewardship. Mr. Speaker, when it comes to the really not a debate about science Mr. Speaker, I yield 3 minutes to the policies, I believe that the many, many today. I have said repeatedly and most gentleman from Georgia (Mr. JOHN- hearings on the many issues, in a way, people have said, yes, we agree the cli- SON), who is a passionate voice on be- provide for a doable, workable plan. mate is changing, but this is a debate half of the environment and economic But opposition to a policy or just say- recovery. about the solution and about the poli- ing ‘‘no’’ isn’t public policy. It isn’t a Mr. JOHNSON of Georgia. I thank cies being advanced by this administra- strong response. It isn’t a substantive the gentleman for yielding the time. tion. That is why for both rules you response. To just disagree with what is Mr. Speaker, I rise today to oppose have a total of 50 States and a mul- being offered here without having via- S.J. Res. 23 and 24, which constitute titude of other entities that have filed ble solutions, without addressing car- the latest salvo by my friends on the lawsuits—because we believe it is ille- bon emissions, without speaking to the other side of the aisle attacking our gal. In fact, on the existing rule, which nuances of greening up our power sup- Nation’s commitment to cut carbon we will discuss in the next hour, EPA plies and growing energy independence, pollution and slow climate change. changed 30 years of its legal opinions, we are failing to respond in an effective Now, I do realize that some of us saying that they could not regulate manner. really don’t care whether or not man- under 111(d) the way they intend to do Mr. Speaker, I yield 3 minutes to the kind’s actions contribute to climate it now. gentlewoman from Massachusetts (Ms. change. Some of us really don’t care. So I have the greatest respect for TSONGAS), a very strong voice and pro- Some of us don’t care to consider every Member of this body, and cer- gressive voice for the environment, that 95 percent of scientists recognize tainly those on the Energy and Power who is strong in her beliefs about cli- that it is man’s activities that are con- Subcommittee and the Energy and mate change. tributing to the astronomical rate of Commerce Committee, but I think it is Ms. TSONGAS. I thank my colleague climate change that is occurring that important that we be able to have the for yielding. has the potential to render our planet debate. And that is what we are doing: Mr. Speaker, I rise in strong opposi- uninhabitable by human beings. You showing how we disagree with the tion to the misguided resolutions be- can laugh, you can smile, you can joke, President’s policies and his solutions. fore the House that seek to block the but 95 percent of the scientists agree I yield 2 minutes to the distinguished Clean Power Plan and undermine that if we continue along the same gentleman from Texas (Mr. HURD), who United States global leadership on cli- path that we are continuing along, it is has been involved on this issue. mate change. the demise of humankind itself that is Mr. HURD of Texas. Mr. Speaker, I Climate change is no longer an aca- the end result. rise in support of the two disapproval demic question for scientists to ponder. Now, some say you can adapt. Well, resolutions that the House will con- It is a very real crisis that, if left un- what we should be adapting to is the sider today. touched, will cause irreparable harm to reality of the fact that we can change Mr. Speaker, many of our bellies are current and future generations. this. We can make things better for our still full from Thanksgiving and now Should the resolutions we are consid- children. That is why 195 progressive- we are thinking about what we are ering today become law, our country thinking leaders of 195 countries rep- going to buy our loved ones and family would be prevented from taking nec- resented in Paris today—right now, as for Christmas. Let me tell you what essary steps to safeguard our future. we speak—are working on this very families in Texas do not want for The Clean Power Plan calls for a 32 profound issue that affects humankind. Christmas, and that is higher energy percent reduction in carbon dioxide

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00179 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.047 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8828 CONGRESSIONAL RECORD — HOUSE December 1, 2015 emissions below 2005 levels by 2030 and cused on this issue for his entire con- I also would like to point out that, sets individual goals for each State in gressional career. long before it was cool, we were siting order to meet this national standard. It Mr. CRAMER. Mr. Speaker, I thank wind farms. I sited over 1,000 is a reasonable, commonsense approach the chairman for yielding the time and megawatts of wind farms when I was that gives States the flexibility to re- for his leadership. on the Commission. Now there are duce carbon pollution with strategies I might add that, prior to being in nearly 2,000 megawatts of installed that work best in their State while bol- Congress, I was focused on the issue for wind in North Dakota. stering clean energy investments and nearly 10 years as a regulator of the en- We don’t even have a mandate. We economic development. ergy industry in North Dakota. I don’t need to be lectured to by people Efforts to block the Clean Power served nearly 10 years on the North Da- who don’t know a thing about where we Plan not only ignore overwhelming sci- kota Public Service Commission, live, a thing about our economy. We entific consensus—we only have to where I regulated not only the siting of will do the right thing because it is the turn on the radio today to hear it time coal plants, the reclamation of coal right thing. We will do the right thing after time, moment after moment—but mines, but the cost of electricity to because it is good for our families. they ignore the global consensus that consumers. And, by the way, the rule that we are disapproving, the two rules we are dis- we must take action to address climate b 1530 change. approving, disproportionately hurt the Right now, leaders from over 190 I have to address some of the com- poor and the middle income. Do you countries are gathered in Paris to out- ments made by the gentleman from think it is the poor people that can af- line long-term strategies to reduce Georgia. I am sure they were sincere. I ford to buy an Energy Star refrigerator greenhouse gas emissions and stave off am sure they were well-intentioned. at the end of the month? Is it the poor the worst impacts of climate change. But to stand here, Mr. Speaker, and people that can afford to wrap their While at the summit, President Obama lecture us that we are somehow moti- house in new insulation? Of course not. personally met with other heads of vated by hatred for the President of We need to pass these resolutions and state, including the leaders of China the United States is so beneath the dig- reject these rules. Mr. TONKO. Mr. Speaker, I yield my- and India, to reaffirm their commit- nity of this Chamber, and I am embar- self the balance of my time. ment to reducing carbon emissions. rassed for him. Let me tell you that Barack Obama The whole effort to make certain America must be at the forefront and that we move forward with carbon lead by example. We must embrace has the right to his opinion, and he is entitled to have it be different than emission reduction and the claims that modern policies that cut emissions, in- we have dropped since 2005 levels—well, crease the use of renewable energy, re- mine. He perfectly has the right to be wrong even, if he wants to be. there was a drop in 2008 and 2009 be- duce our dependence on foreign oil, and cause of the recession, a wind-down of encourage the development of innova- But he doesn’t have the right to break the law because he couldn’t get a activity, of less use of electricity. But tive green technologies. If we are suc- then, again, we had climbed in 2012 and cessful, the economic, security, and en- law changed when he had a Democratic House and a Democratic Senate. And 2013, the last measurements on record. vironmental benefits to our Nation will So we need to be real about this ef- that is what we are here to talk about, be widespread, long-lasting, and sig- fort. We know that if we do nothing we the violation of the law, as the chair- nificant. will see drops by 2040 of only 9 percent, man has pointed to earlier. I urge my colleagues to reject these when efforts here to make certain that I don’t even want to deal with the harmful resolutions. The cost of inac- we can reduce that carbon emission by merits of climate change or global tion on the critical generational chal- 80 percent by 2050 are a strong con- lenge is simply unacceptable and the warming. I want to deal with the solu- trast, and the goals here are laudable price of delay too high. tion. and noble. Mr. WHITFIELD. Mr. Speaker, I We have heard today that Repub- I would also make mention that we yield myself such time as I may con- licans don’t have a solution. Well, let have it within our power to provide for sume. me tell you about my little rectangular issues that, with technology, enable us Mr. Speaker, it raises the question spot in the middle of the North Amer- to respond to these goals. We need to once again. As I said, we have been ican continent, North Dakota, best do that. I think we need to set the very successful in America under the known now, of course, for producing a standards in a way that pronounce our Clean Air Act. Our CO2 emissions are whole bunch of oil. stewardship as very noble for the envi- as low as they were 20 years ago, and But long before we produced oil, we ronment. they are projected to be below 2005 lev- produced coal, 30 million tons a year, Mr. Speaker, I again encourage us to els through 2040. We are making great as a matter of fact. Seventy-nine per- reject these resolutions. I think they progress. cent of our electricity is generated by set us back. It would nullify opportuni- So why is the President committing coal. We generate coal-generated elec- ties to policy standards that would re- America to being a country that can- tricity for many States in our region. quire stronger response. not build a new coal-powered plant? We But we also are one of the seven We would allow for build-out that are not saying you should build one, States that meet all ambient air qual- provides for additional construction, but the President said he is for an all- ity standards as prescribed by the EPA. additional pollution that would accom- of-the-above energy policy; yet he is We have a grade A, perfect, year after pany that opportunity that would be prohibiting, through regulation, the year after year for our air by the dangerous to our environment. building of a new coal-powered plant American Lung Association. The coun- It would nullify our efforts to address because the technology is not available ties that have the greatest concentra- carbon pollution, so that this is a dan- to meet the emissions standards. tion of coal-fired power plants get an A gerous thing, and I think it is why the You don’t think the Chinese would grade. President has indicated that, should agree to not build a coal plant, do you? Our utilities have been investing they come to his desk, he would veto They are providing money for Pakistan hundreds of millions of dollars over the these measures, and why we are having to build coal plants. They are providing years in clean coal technologies and this debate today while we should be money for India to build coal plants. scrubbers and everything that we can championing the cause in a bipartisan, And even in Europe, with the natural do to make our environment cleaner. bicameral way to show the world that gas prices from Russia so high, they We live there. We love it. No bureau- we care significantly about carbon are building new coal plants as they crat in Washington, D.C., is going to emission reduction and that we want close down some gas plants. love the air that we breathe in North to stand as a world leader. That is So that is the kind of policy that we Dakota more than those of us who live where we should place ourselves and are discussing here today. in North Dakota. posit ourselves in that noble dimen- Mr. Speaker, I yield 3 minutes to the We also enjoy, like other coal-pro- sion. distinguished gentleman from North ducing States, some of the lowest- Mr. Speaker, I yield back the balance Dakota (Mr. CRAMER), who has been fo- priced electricity in the country. of my time.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00180 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.048 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8829 Mr. WHITFIELD. Mr. Speaker, I ciency. It was developed with extensive stake- 64662 (October 23, 2015)), and such rule shall yield myself the balance of my time. holder outreach. And it will create jobs, reduce have no force or effect. Mr. Speaker, I want to thank Mr. the toxic pollution that is a leading contributor The SPEAKER pro tempore. The TONKO, who does a great job on our to climate change, and protect public health. joint resolution shall be debatable for 1 committee, and I certainly respect his The resolutions on the Floor today would hour equally divided and controlled by views. stop this common sense plan and prohibit any the chair and ranking minority mem- I wanted to just touch previously on similar measure. And Congressional Repub- ber of the Committee on Energy and and reiterate why we are here today. licans are not offering any plan to replace it. Commerce. The Senate has already passed both of They continue to deny the problem of climate The gentleman from Kentucky (Mr. these resolutions by a vote of 52–46 of change, even in the face of overwhelming sci- WHITFIELD) and the gentleman from disapproval of the President’s clean en- entific evidence and the damaging storms, in- New York (Mr. TONKO) each will con- ergy plan and his regulation relating to creased flooding, and drought that are already trol 30 minutes. new coal-fired plants. impacting our communities. They are ignoring The Chair recognizes the gentleman We wanted this on the floor today be- the warnings from our Department of Defense, from Kentucky. cause we want to send a message to the who call climate change a threat multiplier GENERAL LEAVE climate change conference in Paris throughout the world. that in America there is serious dis- We have the opportunity to lead, to expand Mr. WHITFIELD. Mr. Speaker, I ask agreement with the extreme policies of opportunities in 21st century energy, and to unanimous consent that all Members this President. protect our environment for future generations. may have 5 legislative days to revise I would like to just point out briefly The world is watching. We must reject these and extend their remarks and to in- one of the reasons why we are so upset shameful, regressive resolutions and act to clude extraneous material on S.J. Res. with this particular resolution about prevent climate change. 24. the emission standards for new coal- The SPEAKER pro tempore. All time The SPEAKER pro tempore. Is there fired plants if one is going to be built. for debate has expired. objection to the request of the gen- EPA went to great detail of setting Pursuant to the rule, the previous tleman from Kentucky? an emission standard, and they based question is ordered on the joint resolu- There was no objection. that standard on four plants. And guess tion. Mr. WHITFIELD. Mr. Speaker, I what? None of the three plants in The question is on the third reading yield myself such time as I may con- America are even in operation. of the joint resolution. sume. In fact, the one in Texas, it looks The joint resolution was ordered to Mr. Speaker, even more sweeping like it is not going to be built at all. be read a third time, and was read the than EPA’s new source performance The one in California, DOE has sus- third time. standard for power plant greenhouse pended funding for it. The one in Mis- The SPEAKER pro tempore. The gas emissions is the rule governing ex- sissippi has already experienced a $4.2 question is on the joint resolution. isting sources. And that is what S.J. billion cost overrun. And it is close to The question was taken; and the Res. 24 is about, and the impact that an oil field for enhanced oil recovery to Speaker pro tempore announced that this rule is going to have on every ex- make it work, but it is not in oper- the ayes appeared to have it. isting coal plant in America and the ation. Mr. TONKO. Mr. Speaker, on that, I impact that it could have on the elec- The only plant that is operating, on demand the yeas and nays. tricity rates and the impediments that which EPA set this emission standard, The yeas and nays were ordered. it could establish for future economic is a very small project in Canada that The SPEAKER pro tempore. Pursu- growth in America. would not have been built without the ant to clause 8 of rule XX, further pro- I yield 3 minutes to the distinguished Canadian Government funding. And it ceedings on this question will be post- gentleman from Texas (Mr. OLSON), looks like it will never achieve a tech- poned. who is vice chair of the Energy and nical readiness level that would show it f Power Subcommittee. is available for commercial demonstra- Mr. OLSON. I thank the chair and tion. PROVIDING FOR CONGRESSIONAL my good friend from Kentucky for the So here you have EPA taking this DISAPPROVAL OF A RULE SUB- time to speak on this important resolu- drastic step based on emissions of MITTED BY THE ENVIRON- tion. plants that really are not even in oper- MENTAL PROTECTION AGENCY Mr. Speaker, today is a sad day for ation. Mr. WHITFIELD. Mr. Speaker, pur- America when our administration Why should America be the only suant to House Resolution 539, I call up harms our country without a valid rea- country where you cannot build a new the joint resolution (S.J. Res. 24) pro- son, and yet that is exactly what Presi- coal plant because EPA has set an viding for congressional disapproval dent Obama’s EPA has done with their emission standard that commercially under chapter 8 of title 5, United clean power rules. and technically is not feasible? States Code, of a rule submitted by the That is what we are talking about Without input from Congress and Environmental Protection Agency re- here, just the policy, just the disagree- with only small, limited public meet- lating to ‘‘Carbon Pollution Emission ment on the solution. I would urge our ings, EPA rammed through new rules Guidelines for Existing Stationary Members to support this resolution, to limit CO2. These rules destroy new Sources: Electric Utility Generating and let’s send a message to the White coal power in America. Units’’ and ask for its immediate con- House and to those conferees in Paris. In my home State of Texas, our grid sideration in the House. I yield back the balance of my time. is regulated by ERCOT, 90 percent. The Clerk read the title of the joint Mr. VAN HOLLEN. Mr. Speaker, this week, They say they lose 4,000 megawatts of resolution. world leaders are meeting in Paris to address power, at a minimum, with the early The SPEAKER pro tempore. Pursu- the serious threat of climate change. Across retirements of coal plants because of ant to House Resolution 539, the joint the globe and here at home, there is broad the Clean Power Plan. Energy costs for resolution is considered read. recognition of the need to act decisively to customers may be up by 60 percent by The text of the joint resolution is as curb the climate crisis that threatens our com- 2030 due to the CPP. follows: munities. And yet today we are considering EPA’s actions violate the words and legislation that would allow continued carbon S.J. RES. 24 the intent of the Clean Air Act, and pollution, jeopardizing public health and the Resolved by the Senate and House of Rep- that is why a majority of States have environment. resentatives of the United States of America in sued in Federal court to stop its imple- Congress assembled, That Congress dis- mentation. The President’s Clean Power Plan limits approves the rule submitted by the Environ- carbon pollution from new and existing power mental Protection Agency relating to ‘‘Car- EPA’s actions have Texans scratch- plants for the first time ever. It is a flexible, bon Pollution Emission Guidelines for Exist- ing their heads and saying, ‘‘What the meaningful plan that will help states transition ing Stationary Sources: Electric Utility Gen- heck?’’ Why is EPA’s CPP tougher on to clean energy sources and greater effi- erating Units’’ (published at 80 Fed. Reg. newer coal plants than older ones?

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00181 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.049 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8830 CONGRESSIONAL RECORD — HOUSE December 1, 2015 b 1545 Mr. Speaker, I understand the con- mate change. The United States’ ac- Newer is always cleaner than up- cerns of the individuals, families, and tion alone won’t stop climate change, graded, retrofitted older plants. What communities that may have their jobs but action by the rest of the world the heck? lost or displaced due to this energy without the United States’ action also This is all done in the name of cli- transition. We share those concerns. will not succeed. mate change. Climate change has hap- I agree that these people who have Other countries will have an excuse pened since God created our Earth. dedicated their lives to providing us to delay action as long as the giant, Over 66 million years ago my home with reliable power deserve a lot more the United States, does as well. This is State of Texas was under water. Texas, than a pink slip, but we do these people the dynamic that has prevented us as an ocean, is huge climate change un- no favors by promising job security from action in the past. But now we likely due to human campfires set at that the economy will no longer de- have seen major commitments from that time. liver. the world’s largest developed and de- In September 2014, a high ranking Instead of working together to find veloping nations. former Obama administration member, ways to ease the transition for States Mr. Speaker, the Clean Power Plan the under secretary for science at the and communities that already are chal- demonstrates United States leadership Department of Education, Dr. Steven lenged by the many changes that are and is key to our effort to secure an Koonin, wrote this in The Wall Street happening in the electric utility sector, ambitious and lasting international Journal: ‘‘The climate has always we are spending time trying to turn climate agreement. changed and always will.’’ back the clock. It cannot be done. We cannot fool ourselves that the The SPEAKER pro tempore. The EPA is a convenient scapegoat here, Clean Power Plan, an agreement in time of the gentleman has expired. but the transition that is occurring is Paris, or any one action alone will Mr. WHITFIELD. Mr. Speaker, I driven by much more than EPA regula- solve all of our climate crises. But yield the gentleman from Texas an ad- tions. Natural gas—its abundance and these rules will deliver substantial ben- ditional 30 seconds. low price—is out-competing coal with- efits to our society, and they will move Mr. OLSON. Mr. Speaker, I will quote in the utility sector. Power plants are us in the right direction. Mr. Speaker, I urge my colleagues to from Dr. Koonin: ‘‘There isn’t a useful aging. consensus at the level of detail rel- Even more important, the economy reject these resolutions. Let’s work to- evant to assess human influence on cli- has changed. Many of the older plants gether in a meaningful strategy to ad- dress the problems that are emerging mate change.’’ are located in areas that once had far from the transition in our own elec- Yet, here we are, fighting for Amer- more demand for electricity, demand tricity sector while promoting a clean- ican jobs and commonsense regulations from large manufacturing plants and er, more sustainable Nation and grow- while world leaders are in Paris mak- heavy industry. Those factories have ing significant jobs that are not yet on ing promises they can’t keep. Enough closed or modernized, both resulting in the radar screen. of the Band-Aids from EPA. far less electricity use. Mr. Speaker, I urge my colleagues to Mr. Speaker, I reserve the balance of There are new technologies. Wind vote for S.J. Res. 24 and S.J. Res. 23 my time. and solar generation is growing, and and for American jobs. Mr. WHITFIELD. Mr. Speaker, I Mr. TONKO. Mr. Speaker, I yield my- those renewable energy sources have yield 2 minutes to the distinguished self such time as I may consume. strong, broad-based, public support. gentleman from Indiana (Mr. BUCSHON). Mr. Speaker, it is unfortunate that Other technologies that enable the He is a member of the Energy and Com- we are considering two resolutions electric grid to be smarter, more flexi- merce Committee. today that are designed to prevent the ble, and more resilient are being de- Mr. BUCSHON. Mr. Speaker, I rise in Environmental Protection Agency ployed now, and more are in develop- support of S.J. Res. 24, which expresses from moving forward with critical reg- ment. State policies to encourage en- congressional disapproval under the ulations to reduce carbon emissions ergy efficiency and to diversify energy Congressional Review Act of the EPA’s from existing and new power plants. sources are also driving this transition. rule on existing power plants. I also That previous resolution that was As I have said before, Mr. Speaker, support S.J. Res. 23 that was just de- just aired in the House and now this was the transition from wire to wire- bated. resolution should be called exactly less communication a war on copper? According to the EPA’s own cost- what they are, that being an attack on Was the transition to the automobile a benefit analysis, these regulations EPA’s Clean Air Act authority. These war on horses? No, of course not. would do very little to impact global resolutions would block this adminis- EPA’s regulations are playing some temperatures, but these regulations tration or any future administration role in driving the changes we see. will, without a doubt, be devastating from taking meaningful action to curb That is true. But the Agency is doing for Hoosier businesses and families carbon emissions from our power what Congress directed it to do on be- that rely on affordable energy. Those plants. half of all Americans: to act in defense hurt the most will be the poor and sen- We have ample evidence from more of public health and to act in defense of iors on a fixed income. than four decades’ worth of clean air our environment. Mr. Speaker, advances in how we regulation that shows that a strong Let’s put aside the EPA scapegoating produce energy should be achieved economy and strong environmental and and have a real dialogue on our chang- through innovation, technology, and public health protections do indeed go ing power sector and what can be done efficient business practices, not by hand in hand. So let’s stop promoting to support those working in impacted unobtainable Federal Government this false notion that we cannot im- industries. Meanwhile, we are debating mandates from the EPA. prove the air we breathe while simulta- these resolutions as our negotiators Mr. Speaker, Indiana disapproves of neously growing our economy and, yes, are in Paris working on an inter- the EPA’s attack on our State’s econ- creating jobs. national climate agreement. omy and our State’s jobs. The EPA’s Clean Power Plan will The bottom line is there is an over- Mr. Speaker, I urge my colleagues to promote public health. The EPA esti- whelming scientific consensus that cli- reject this overreach by supporting mates that the Clean Power Plan will mate change is happening and is pri- S.J. Res. 23 and 24. reduce carbon pollution from the power marily caused by human activity, par- Mr. TONKO. Mr. Speaker, I yield 2 sector by 32 percent—32 percent—below ticularly the burning of fossil fuels. minutes to the gentleman from Vir- 2005 levels. There will also be signifi- Climate change is no longer a prob- ginia (Mr. CONNOLLY), my colleague cant reductions in sulfur dioxide and lem for future generations. We are al- and friend. He is the cochair of the NOX emissions. ready feeling its effects in every corner SEEC Coalition in the House, the Sus- This is a tremendous public health of our Nation and across the globe, tainable Energy and Environment Coa- victory. It will avoid thousands of pre- which threaten our economic and our lition. He is an outstanding leader with mature deaths and an estimated 90,000 national security. SEEC, and he is an outstanding leader asthma attacks in children in 2030 The Clean Power Plan will play a sig- for his district and the Commonwealth alone. nificant role in the fight against cli- of Virginia.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00182 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.054 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8831 Mr. CONNOLLY. Mr. Speaker, I For this reason, I ask, I beg, and I We must unleash American ingenuity thank my dear friend from New York, plead: Vote for S.J. Res. 24. to reduce carbon pollution. So much is who is the cochair of the Sustainable Mr. TONKO. Mr. Speaker, I yield 3 already happening. Technology today Energy and Environment Coalition and minutes to the gentlewoman from helps consumers conserve energy and does such a superlative job. Florida (Ms. CASTOR). She is a member save on their electric bills. I rise to support him in opposing this of the Subcommittee on Energy and Smartphones and smart meters can legislative effort which argues over- Power, and that reports to the greater help you control your thermostat. reach, but what it is really all about is Committee on Energy and Commerce Renewable energy, such as solar and making sure that the government does that we both serve. I have witnessed wind power, hold great promise and are not protect the public, that we live in her straightforward thinking and her growing by leaps and bounds. I have a Darwinian world where you appar- very strong, passionate response on be- seen it at home, where local businesses ently take your chances, whether it is half of climate change. like IKEA and the big beer distributor- asthma, other respiratory illnesses, Ms. CASTOR of Florida. I thank the ship have put solar panels on the roofs cancer, and all kinds of other ailments gentleman from New York for his kind of their huge buildings to save on their that can affect communities that suffer words and his leadership on this issue. electric bills. from this pollution. We, as a country, Mr. Speaker, I rise in opposition to Roughly 20,000 megawatts of solar ca- can do better. We can create jobs, not this resolution that seeks to hamstring pacity is forecasted to come on line lose them. America’s ability to combat carbon over the next 2 years, doubling the The arguments on the other side pollution and the impacts of the chang- country’s existing solar capacity. have always been that the Clean Air ing climate. And industrial energy and heat that Act costs jobs and raises costs, neither In Paris today, 195 nations from was once wasted is being turned into of which are true. We have gotten lots around the world are meeting to tackle fuel. of experience since 1970 with the Clean the challenges of the changing climate. The SPEAKER pro tempore. The Air Act. I can tell you that, in my I am proud to see that America is lead- time of the gentlewoman has expired. home State of Virginia, electric costs ing this effort. Mr. TONKO. I yield the gentlewoman an additional 1 minute. came down. They didn’t go up. Jobs got America’s willingness to tackle the Ms. CASTOR of Florida. Mr. Speaker, created, not lost. economic and environmental impacts I thank the gentleman. I end, Mr. Speaker, by reminding us of climate change is a reflection of our All of these efforts are creating the of what His Holiness Pope Francis has values. We do not cower in the face of jobs of tomorrow in clean energy, in argued. When Pope Francis came to the difficult circumstances. That is the es- engineering, in energy efficiency and White House, before he spoke to this sence of the United States of America. green building. body, he personally thanked the Presi- b 1600 So, colleagues, I urge you to defeat dent for these rules in protecting clean Yet that is what this Republican ma- this resolution. It is largely a symbolic air. vote. A ‘‘yes’’ vote is one to ignore the His first encyclical is on climate jority in the Congress would have us do—ignore the problem, pretend it costs and consequences of the changing change, which he believes is one of the climate, but if it passes, it will also be most important and imperative moral doesn’t exist, hope it goes away. Well, we cannot do that. Scientific another low point for this Congress, a issues facing mankind today. That is Congress that has demonstrated time what the Pope has to say about this consensus is clear: The Earth’s climate is changing, temperatures are getting and again an inability to deal with the subject. We ought to heed his words complicated and thorny problems that and his moral warning as we debate warmer, and it is the greenhouse gases that are the primary drivers. Over the face America. I predict that many will this subject. come to regret that legacy. long term, the consequences will be Mr. Speaker, I oppose the legislation Mr. WHITFIELD. Mr. Speaker, I re- and support the amendments with re- very serious and the costs will be very spectfully disagree with the distin- spect to the Clean Air Act. high, indeed, unless we take action. guished gentlewoman from Florida who My neighbors back home in Florida Mr. WHITFIELD. Mr. Speaker, I says this is a symbolic vote. yield 11⁄2 minutes to the gentleman are particularly vulnerable. Florida We want this vote to be held because from Illinois (Mr. BOST). has more private property at risk from the Senate has already adopted this Mr. BOST. Mr. Speaker, I thank the flooding linked to climate change than resolution. We want the House to adopt gentleman from Kentucky and my any other State, an amount that could this resolution while the climate neighbor across the river. double in the next 4 years. change conference is going on in Mr. Speaker, the Obama administra- Already, local governments and tax- France so that the world will know tion’s Clean Power Plan rule is a dag- payers are being asked to pay more for that in America there is a disagree- ger aimed at the heart of the coal in- stormwater drainage, drinking water ment about the extreme power grab dustry and affordable, American-made initiatives, and beach renourishment. that this President is initiating under energy. Extreme weather events will likely his clean energy plan. According to recent studies, the reg- cause increases in property insurance At this time, I yield 3 minutes to the ulation will increase electric costs in and flood insurance. gentleman from Ohio (Mr. JOHNSON), my home State of Illinois by 27 per- We just experienced, colleagues, one who has been a real leader for Ohio in cent. That is an unbearable burden on of the warmest Novembers on record in this issue and in the Congress. working families, seniors, and those central Florida. Because of the heat, Mr. JOHNSON of Ohio. Mr. Speaker, people who are on set incomes. we had to run our air conditioners a lot I thank the chairman, and I couldn’t On top of that, Mr. Speaker, the min- longer than we are used to. We are used agree with my chairman more on his ing industry employs thousands of to turning them off in November, so we comments. workers in southern Illinois and sup- are paying more on our electric bills. I rise today in strong support of S.J. ports thousands more in union retirees. For my friends in agriculture, the to- Res. 24, a joint resolution disapproving I have heard here today on this floor mato crop was harvested earlier this of the EPA’s regulations targeting ex- that it doesn’t affect jobs. Well, tell year because of the heat, and while the isting power plants. that to the people of my district who yield was comparable to past years, the If the administration allows the have watched the coal mines close and size was affected. The increase in the Clean Power Plan to move forward, who have watched the suffering. These number of days with extreme heat is countless coal and coal-related jobs people don’t have the opportunity to sure to impact other crops in Florida’s across the country will be eliminated, keep their children working near their economy. families and small businesses will be own homes. They have to move away. We are not alone. We are going to forced to pay higher electricity prices, Mr. Speaker, if this regulation takes continue to see the impacts all across and grid reliability will be seriously effect, the local coal mines that are America. So we have a challenge before jeopardized. left and coal generation plants will us. We cannot shirk our responsibility It is estimated that, to comply with close down. Our priority must be af- to this great country or to future gen- the EPA’s existing power plant regula- fordable energy and American jobs. erations. tions, energy sector expenditures

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00183 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.055 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8832 CONGRESSIONAL RECORD — HOUSE December 1, 2015 would increase from $220 billion to $292 awful in the rest of the world. We have It is like that FRAM commercial billion, with retail electricity prices to think about a larger issue than our when I was a kid. The FRAM commer- doubling in 40 States. In fact, by 2030, own. cial was you either clean your air filter one study predicts Ohio’s wholesale I have heard the same arguments on your car now or you are going to electricity prices will increase by 31.2 that I am hearing today when we said, pay me later by having to have the percent due to this regulation. The reg- ‘‘You got to stop smoking on the air- motor redone. ulation will force consumers to absorb planes.’’ Why, we heard the tobacco That is what this is about. We are a $64 billion cost just to replace the boys running in here saying, ‘‘Oh, this talking about a President who says, power plants shut down by the rule. is the end of the Earth. There will be let’s put some new FRAM filters in This resolution of disapproval sends a nobody smoking tobacco.’’ here and see if we can’t cut down the clear message to the President that a And look what has happened. The air pollution and save both the people and majority of the Senate, the House, and is cleaned up on planes, it is cleaned up the economy. America do not approve of higher elec- in restaurants, it is cleaned up on this Mr. WHITFIELD. Mr. Speaker, I tricity prices and an unreliable electric floor because we had rules and regula- yield 2 minutes to the gentleman from grid. tions. Louisiana (Mr. SCALISE), the distin- At least 27 States, including Ohio, This is a public health problem as guished majority whip. are now challenging the regulations in much as it is an economic problem. Mr. SCALISE. Mr. Speaker, I want to court. Ohio EPA Director Craig Butler Since I got out of the military in 1968, thank the gentleman from Kentucky is correct; it would be irresponsible for 76,000 miners have died of black lung for yielding and for bringing this legis- the U.S. EPA to force immediate com- disease—76,000. We have appropriated lation to the floor. pliance until the legal issues are re- in this House $45 billion in money to I rise in strong support of S.J. Res. solved. those miners because of their problems. 24. America faces real challenges. ISIS Our ravenous appetite for fossil fuels Mr. Speaker, what we are talking and other terrorist groups are plotting continues to be a real problem, and it about is rejecting this radical plan by is getting worse. And yet, with all the to attack us. We have a staggering na- President Obama’s EPA that is going reckless bills, the Republicans are once tional debt that our children and to actually impact every power plant again turning a blind eye to these grandchildren will be buried under if in this country. costs. ‘‘They don’t mean anything. We we don’t address it. We have a Tax The President has a war on coal. He want the mine owners to have freedom Code and regulatory framework that declared a war on coal years ago, and to do whatever they want and the are stifling and strangling innovation we are seeing the results of it. The re- power companies to do whatever they and job creation. And our education sults of it here in America are thou- want. We don’t want anybody to tell system isn’t keeping pace with those of sands of good jobs lost, thousands of them you have to clean it up.’’ middle class families that are now un- our rivals. In Seattle, we have a steel plant employed and trying to fight to get These are real problems. America’s right in the middle of town. It is run by back in the middle class. And even air and water have never been cleaner. Nucor. The Nucor Steel rebar plant is more than that, Mr. Speaker, what you For the President to continue his cru- right in the middle of the city. It has see is millions of people across this sade to shut down the coal industry been cleaned up, and you can do it. and all the jobs that go with it is short- But the coal boys and the power country paying more for electricity sighted, foolish, and wrong. boys, they don’t want to spend any costs because of these regulations. And it won’t just be the coal miners money cleaning anything up. They So what is President Obama’s an- who pay for the President’s policy on don’t want anybody telling them, with swer? It is to go to Paris and say that coal, Mr. Speaker. It will be every fam- regulations, you have to reduce the the biggest threat to national security ily and small business who end up pay- amount of particulates in the air. So is global warming. For goodness’ sake, ing more for their electricity as a re- we have this problem that is going on doesn’t he see what is going on across sult. and on and on. the world? I strongly urge my colleagues to sup- Now, as industry and the industry- We are here focusing on national se- port S.J. Res. 24. bought Republicans fight tooth and curity, Mr. Speaker. We are also focus- Mr. TONKO. Mr. Speaker, I yield 3 nail against any effort to reduce de- ing on energy security, and we are minutes to the gentleman from Wash- pendence on fossil fuels, they are not standing up against a radical regula- ington (Mr. MCDERMOTT), a member of just condemning future generations to tion that is going to increase costs on the Ways and Means Committee and, a world battered by increasing extreme the most needy in this country. more important to this discussion, an and erratic weather patterns—we are When you look at the impact, this outstanding, passionate voice con- seeing them all over the world. proposal by President Obama’s EPA cerning climate change and carbon The SPEAKER pro tempore. The would have a $29-billion-per-year cost emission. time of the gentleman has expired. on middle class families. The people (Mr. MCDERMOTT asked and was Mr. TONKO. I yield the gentleman an that are going to be hit the hardest are given permission to revise and extend additional 1 minute. low-income families, Mr. Speaker. In his remarks.) Mr. MCDERMOTT. They are really Louisiana alone, nearly 1 million mid- Mr. MCDERMOTT. Mr. Speaker, betraying a generation of Americans dle-and low-income families will be hit Members of Congress, the Republican who are already reeling from the im- by this radical regulation. propaganda machine is out here push- pact of all of this. Coal miners and the At Christmas season, I think families ing a false choice: You either have no communities they live in are bearing would much rather be spending their regulations or you have no economy. the brunt of this irresponsible action hard-earned dollars going and buying That is what it is. You have to get rid by the coal owners. Christmas presents for their families of all the regulations, or you won’t We had the same thing in Wash- instead of seeing a 13-percent increase have an economy. ington State with the forests. People in their utility bills for a regulation Now, that simply is not true. The said, ‘‘You have to keep cutting trees. that is not going to do anything to facts are piling up worldwide that we Cut every tree you can see that is clean the air. cannot continue what we are doing. standing anywhere.’’ And we said, ‘‘If We are already seeing a reduction in Now, on the front page of today’s you do that, you destroy the environ- carbon emissions because of the Amer- Washington Post is a picture of a Chi- ment.’’ So we stopped, and we helped ican innovation. When some of these nese city where you can’t see a guy the loggers find another way to make a European countries signed Kyoto and riding a bicycle in the street. That is living, and they are doing just fine. some of these other accords that are true in Delhi. That is true in Beijing. It Now, if we keep this up and keep re- wrecking their economies, we didn’t do is all over the world. sisting and keep exposing the Amer- it. Because we are actually doing bet- And, unfortunately, climate is all ican public, both in the mines and in ter than them without signing an ac- over the world. We can’t just have it the cities, to this kind of environment, cord because we used great American clean in our neighborhood and have it we are going to pay for it. innovation.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00184 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.056 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8833 And, instead, the President wants to There is a reason for that. The reason Maybe then we can all get back to this come behind and bring a regulation is that they want to protect the ability Nation’s historic, all-of-the-above en- that is going to strangle small busi- of polluters to just pollute at will and ergy policy. nesses, it is going to strangle families, to continue to make all of the money Mr. Speaker, if we want to leave our and it is going to increase electricity at the expense of people’s health, with successors a better future, supporting costs on those that can least afford to our paying them exorbitant amounts the two resolutions that have been de- pay it. for the energy that they are creating. bated here on the floor today is a real- Again, let them keep the money in When are we going to do something ly good first step. their own pockets. Let’s innovate, let’s about this? If not now, then when? If it Mr. PALLONE. Mr. Speaker, may I create jobs in this economy, not use is not America that is leading, then inquire as to the time that remains on radical regulations to strangle our who? both sides? economy and our middle class. Let’s They talk about President Obama The SPEAKER pro tempore. The gen- pass this resolution. going to Paris. There are 185 nations tleman from New Jersey has 101⁄2 min- Mr. TONKO. Mr. Speaker, I ask unan- being represented in Paris that are utes remaining. The gentleman from imous consent to yield the balance of working on this problem, which is a Kentucky has 161⁄2 minutes remaining. my time to the gentleman from New profound problem not just for America, Mr. PALLONE. Mr. Speaker, I re- Jersey (Mr. PALLONE), our distin- but for the world. We all live in this serve the balance of my time. Mr. WHITFIELD. Mr. Speaker, I guished ranking member of the Energy same ship together, and we have got to yield 2 minutes to the gentleman from and Commerce Committee, who has led take care of it. a fight for carbon emission and climate Mr. WHITFIELD. Mr. Speaker, I Texas (Mr. WEBER). Mr. WEBER of Texas. I thank the change on behalf of the Democrats in yield myself such time as I may con- gentleman. the House, and that he may control sume. Mr. Speaker, I rise today in strong that time. I will reiterate and make sure that support of both joint resolutions, The SPEAKER pro tempore. Is there everyone understands that S.J. Res. 24 which will block the Obama adminis- objection to the request of the gen- does not eliminate the EPA. It refers tration’s so-called Clean Power Plan, a tleman from New York? only to the President’s existing coal There was no objection. regulation, I will add, that was never plant rule. authorized by Congress, that will hurt Mr. Speaker, I yield 2 minutes to the b 1615 our economy, lower our standard of liv- gentleman from Arkansas (Mr. Mr. PALLONE. Mr. Speaker, I yield 3 ing, and have absolutely no impact on WOMACK), who has been very involved minutes to the gentleman from Geor- the climate. in this issue in his career in Congress. gia (Mr. JOHNSON). Mr. Speaker, I often say the things Mr. JOHNSON of Georgia. I thank Mr. WOMACK. I thank the distin- that make America great are the the chairman. guished gentleman from Kentucky for things that America makes. Now, how Mr. Speaker, my colleague Congress- his leadership on the issue. do we do that? We do that with an af- Mr. Speaker, I rise today in support man MCDERMOTT pointed to this pic- fordable, dependable, reliable energy of S.J. Res. 24 and to echo the senti- ture in today’s edition of The Wash- supply. ington Post. This is during the day- ments of my colleagues. According to the Electric Reliability light. It is outside. It is in China. There is no question that we are all Council of Texas, which operates my I have been over there about four searching for a brighter future for gen- State’s electric grid, energy costs times, and I can relate to this picture erations to come. We disagree, how- would increase protections by up to 16 in case nobody has been over there. ever, on how to get there and, in this percent due to this Clean Power Plan. Anybody who has been over there case, on the effects that our decisions This will have a disproportionate im- knows how the environment, the air could have on the environment and on pact on the poor and on those on fixed quality, and people’s health are im- the American family in the process. incomes. Sadly, most of those folks pacted by the lack of regulations that Frankly, the EPA’s Clean Power don’t even see it coming. have existed over in China. They have Plan will result in little to no environ- According to testimony we heard an acute air pollution problem. mental benefit at the expense of thou- today, Mr. Speaker, in the Science, The fact is we don’t have air pollu- sands of jobs and countless dollars and Space, and Technology Committee, the tion like that here in America because hours spent on compliance, all for the Clean Power Plan will reduce global we have had regulations promulgated sake of an unrelenting government temperatures by just .023 degrees Fahr- by agencies like the EPA, particularly agency’s agenda and the desired envi- enheit by the year 2100. the EPA, that have resulted in, yes, ronmental legacy of this administra- Furthermore, the EPA’s claimed pub- some increased costs to Americans, but tion. It is as simple as that. lic health benefits from this regulation the result of that cost is air quality Not only will the Clean Power Plan are due solely to reductions in air pol- that does not look like this. fail to achieve the results intended, but lutants that are already regulated by This is worth paying for, and the peo- the administration’s very authority to the Agency under existing standards. ple will continue to pay. We will con- implement it is questionable at best. The reduction of carbon dioxide on its tinue to pay. I mean, life is not free. It The letter of the law itself denies the own has no public health benefits. is true, though, that, with companies EPA this authority to regulate power I mentioned that the things that making so much money these days due plants under section 111(d), something make America great are the way that to the misbalance in the economy, peo- specifically cited under section 112. we have a reliable, affordable power ple are being squeezed. Twenty-seven States’ attorneys gen- supply. I guess we could say that the I hate to ask people to pay more, but eral, including our very own Leslie EPA stands for an ‘‘energy and power I myself cannot live just based on the Rutledge in Arkansas, agree and have assault.’’ price that businesses have to pay to filed suit in response. Mr. Speaker, the facts are clear. This make sure that they are not polluting The Constitution clearly states that regulation will hurt our economy, and our environment. They should pay, and legislative powers are vested in the it will have none of the stated benefits we have to pay our fair share, too. Congress. The Clean Power Plan is a the administration claims. I often say The question is: Are we going to be clear attempt to take policymaking that the EPA seems to stand for ‘‘even- able to save our planet from countries out of the hands of Congress. That is tually paralyzing America.’’ that don’t have regulations? unacceptable. President Obama’s We must adopt these resolutions of We are going in the opposite direc- never-ending regulatory overreach has disapproval and hold this administra- tion here. We are talking about doing to be stopped. tion accountable for its regulatory as- away with the EPA. Why is it that the If the EPA will not halt, Congress sault on our economy and on our low- first thing my friends on the other side must act to prevent this egregious income families. That is how I see it of the aisle and all of their Presidential power grab. This resolution will stop here in America. candidates talk about is getting rid of the EPA in its tracks and return the Mr. PALLONE. Mr. Speaker, I yield the EPA? power to where it rightfully exists. myself such time as I may consume.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00185 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.057 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8834 CONGRESSIONAL RECORD — HOUSE December 1, 2015 I have heard my Republican col- you reduce air pollution, you eliminate represents five co-ops in my district, leagues say over and over again that the consequences of people having bad and it is what we see. the President’s Clean Power Plan won’t health, of dying, of getting sick. The SPEAKER pro tempore. The have any impact on air quality and At the same time, the economy has time of the gentleman has expired. that it won’t do anything to improve improved because we have come up Mr. WHITFIELD. Mr. Speaker, I the environment. Nothing could be fur- with alternatives to the awful pollu- yield an additional 30 seconds to the ther from the truth. tion that has resulted which this Clean gentleman. The rule that we are discussing in Power Plan is designed to thwart. Mr. YOHO. The EPA’s own report this joint resolution and that the joint Again, I keep hearing my colleagues says that their new emissions stand- resolution would seek to disapprove es- saying all of these things, but the fact ards will not reduce the CO2 emissions tablishes State-by-State targets for of the matter is you can have clean air, or improve air quality or human lowering carbon emissions. When it is you can have a good environment, and health, but they are going ahead with implemented, the rule will reduce you can have a good economy and grow it anyway to the detriment of Amer- emissions from the power sector by 32 jobs. That is exactly what this rule ican manufacturing jobs and costs to percent over the next 15 years as com- that the President has put forward is the American taxpayers. pared to emissions in 2005. designed to achieve. I stand in strong support of S.J. Res. The final rule has public health and I reserve the balance of my time. 24. other benefits of up to $54 billion per Mr. WHITFIELD. Mr. Speaker, I Mr. PALLONE. Mr. Speaker, I yield year by 2030, and this includes thou- yield 2 minutes to the distinguished myself such time as I may consume. sands of fewer premature deaths from gentleman from Florida (Mr. YOHO). Again, I listened to the previous air pollution and tens of thousands of Mr. YOHO. I thank my good friend speaker. House Republicans keep tell- fewer childhood asthma attacks each from Kentucky for allowing me to ing us that greenhouse gas emissions year—emphasizing again, thousands of speak. are falling in the United States. The Mr. Speaker, we are as concerned fewer premature deaths from air pollu- previous speaker suggested that the about our environment and jobs and tion and tens of thousands of fewer United States doesn’t need to do much the economy as anybody else is, and childhood asthma attacks each year. more about climate change. That there was a point in time when we I keep hearing from my GOP col- couldn’t be more wrong. needed this. We saw those pictures of leagues about the costs. What are the U.S. greenhouse gas emissions did China with the red glow and where you costs to society of air pollution and of fall in 2008 and 2009 during the eco- couldn’t see the bicycle rider. China people suffering from asthma and of nomic recession. Since that time, our has got a problem, and they need to ad- premature deaths and of hospitaliza- overall emissions have grown. Cumula- dress that. tions and of all of the costs? None of tively, U.S. emissions grew, not fell, in We have addressed that in this coun- these things are calculated by the Re- 2012 and 2013, the two most recent try, but it gets to a point at which you publicans in their speeches. They just years for which data is available. cross a line and you can’t squeeze any assume that somehow none of this What matters really is whether U.S. more out of the rock. Back 40 years ago matters. emissions are on track to decline in the the mercury coming out of the smoke- Some of my Democratic colleagues future by the amount needed to pre- stacks of the coal-fired power plants have said over and over again that this vent dangerous climate change. Sci- was about 50 pounds of mercury a year. is sort of a wasted debate because we entists say we need to reduce carbon Now it is less than 2 pounds of mercury know that the President has said he is pollution by 80 percent by 2050 to avoid a year. So how much more can you in- going to veto the bill and that there catastrophic climate change. The EPA crease that? already predicts that, without any new wouldn’t be enough votes in the House Mr. Speaker, this administration has policies to control carbon pollution, or in the Senate to overcome the Presi- proven that it is no friend to the hard- policies like the Clean Power Plan, the dent’s veto. working American families across our The theme that you are getting from U.S. will only see a 2 percent drop in country or to the power-producing the Republicans is somehow a clean en- CO emissions by 2040 compared to 2005 companies that supply power to all 2 vironment and a good economy don’t levels. Americans. go together. In fact, the opposite is Instead, this administration is plac- So this data highlights the impor- true. ing added requirements on our Nation’s tance of the Clean Power Plan and the The fact of the matter is that, ever energy producers, requirements that Obama administration’s overall push since the Clean Air Act was imple- will increase costs to all Americans, af- to cut greenhouse gas emissions. To mented years ago, we have seen reduc- fecting those most who can least afford suggest the United States doesn’t need tions in air pollution. We have seen it. It will increase costs, it will de- to do any more, that is just not the people’s lives saved. We have seen crease the grid’s reliability, and it will case. We need to do a lot more, and fewer people suffer from asthma at- jeopardize our national security. that is what the Clean Power Plan is tacks and the other consequences of As we speak, nations across the designed to do. pollution. At the same time, the econ- world are meeting in Paris to discuss I reserve the balance of my time. omy has improved. further restrictions on energy pro- Mr. WHITFIELD. Mr. Speaker, I In the Statement of Administration ducers. As Americans, we do not bow to yield 2 minutes to the distinguished Policy, in which the President says foreign pressure or influence. America gentleman from Florida (Mr. BILI- that he will veto this resolution, he needs to do what is best for America, RAKIS), a member of the Energy and specifically says that, since it was en- especially when it is a foreign country Commerce Committee. acted in 1970 and amended in 1977 and that is putting out more than 50 per- Mr. BILIRAKIS. Mr. Speaker, I rise 1990, each time with strong bipartisan cent of the carbon emitted into the at- in support of S.J. Res. 23 and 24, resolu- support, the Clean Air Act has im- mosphere. tions that would protect my constitu- proved the Nation’s air quality and has Instead of limiting our energy pro- ents from egregious EPA overreach. protected public health. duction, which, again, hits hard- This burdensome regulation is pro- Over that same period of time, the working Americans especially at the jected to raise electric rates in Florida economy has tripled in size while emis- lower economic scales, why don’t we annually between 11 and 15 percent for sions of key pollutants have decreased use all of the resources that America over 10 years while providing virtually by more than 70 percent. Forty-five has been blessed with and take a com- no environmental benefits. years of clean air regulation have monsense approach in making our The regulations for existing power shown that a strong economy and economy stronger and more competi- plants, commonly called the Clean strong environmental and public tive rather than in crippling it? Power Plan, could have disastrous con- health protections go hand in hand. sequences for the safety, affordability, I just keep hearing these negative b 1630 and reliability of my constituents’ comments from the other side of the The issue is near and dear to my electricity. In my district, there are aisle. The fact of the matter is, when heart as a Member from Florida who over 200,000 residents who get their

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00186 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.059 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8835 electricity from rural electric coopera- this many jobs lost. This resolution PUBLIC CITIZEN—CENTER FOR AC- tives, utilities formed during the Great would prevent this rule from having CESSIBLE TECHNOLOGY—CITIZENS ACTION COALITION—CITIZENS COA- Depression to serve rural, traditionally any effect and would prohibit the EPA LITION—CONSUMERS UNION—EN- underserved areas with electricity. from reissuing this rule in a similar If the Clean Power Plan continues ERGY COORDINATING AGENCY OF form. PHILADELPHIA—FRIENDSHIP FOUN- without serious alterations, it has the DATION—GREENLINING INSTITUTE— I urge my colleagues to support this potential to negatively affect these un- LOW-INCOME ENERGY AFFORD- derserved areas the most. The Clean bill so we can assure Americans are not ABILITY NETWORK—NATIONAL CON- Power Plan could close down power disadvantaged by another costly regu- SUMER LAW CENTER—NW ENERGY plants in rural areas that provide jobs lation. COALITION—NUCLEAR INFORMA- and economic activity. TION AND RESOURCE SERVICE— In Florida, the Seminole Electric Co- Mr. PALLONE. Mr. Speaker, I yield OHIO PARTNERS FOR AFFORDABLE operative operates two power plants myself such time as I may consume. ENERGY—PUBLIC UTILITY LAW whose baseload generating units do not In closing, I just want to comment on PROJECT OF NEW YORK—TURN meet the emission rate requirements. THE UTILITY REFORM NETWORK— two issues that keep coming up on the VERMONT ENERGY INVESTMENT Their Seminole generating station em- Republican side. One is this notion, CORPORATION—VIRGINIA CITIZENS ploys over 300 individuals. If the EPA which I think the GOP Whip SCALISE CONSUMER COUNCIL—WA STATE forces the plant to close prematurely, talked about, of the President’s war on COMMUNITY ACTION PARTNER- these jobs are at risk, and rural elec- SHIP—A WORLD INSTITUTE FOR A coal. Nothing could be further from the tric cooperative members, like my con- SUSTAINABLE HUMANITY (A stituents, will still have to pay for the truth. W.I.S.H), closed plant in their rates through 2042 I agree that the transition away from November 24, 2015. while also paying for a new electricity RE: Consumer Groups Oppose S.J. Res. 23 coal is contributing to job losses in the and S.J. Res. 24. source. coal industry, but setting aside these DEAR REPRESENTATIVE: We urge you to op- The Congressional Review Act was rules will not alter this trend. There pose S.J. Res. 23 and S.J. Res. 24. These reso- created for a reason: to give this body are too many other changes occurring lutions would effectively repeal the EPA the authority to check the executive Clean Power Plan, which curbs carbon pollu- branch when it oversteps its bounds in the power sector that are impacting tion from power plants. Opponents of the and enacts policy against the will of these workers. Clean Power Plan often argue that they are the people. Technologies—including distributed protecting consumers, but they are mis- taken. The Clean Power Plan is good for con- I urge my colleagues to support these generation, smart grid, energy storage, resolutions, both of them, to protect sumers because it will mitigate climate energy efficiency, microgrids, and com- change and can lower household electricity my constituents from needless rate in- bined heat and power systems—are ma- costs. creases and to protect the powers of turing and being incorporated at a fast- The Clean Power Plan will benefit con- this institution. sumers. Climate change poses a severe threat Mr. PALLONE. Mr. Speaker, I re- er pace. In some areas, they call into to American consumers and in particular to serve the balance of my time. question the old grid model that was vulnerable populations. A few of the most sa- Mr. WHITFIELD. May I inquire as to dominated by large, centralized gen- lient risks include: higher taxes and market the time remaining. eration. prices to cover the costs of widespread dam- The SPEAKER pro tempore. The gen- age to property and infrastructure from ex- Concern for these displaced energy treme weather; diminished quality and high- tleman from Kentucky has 10 minutes workers should be motivating us to do er prices for food and water, heightening remaining, and the gentleman from food insecurity for America’s most vulner- 1 something to help these people and New Jersey has 5 ⁄2 minutes remaining. able populations; and increased illness and Mr. WHITFIELD. Mr. Speaker, I their communities to transition to disease from extreme heat events, reduced yield 2 minutes to the gentleman from other good-paying jobs in new indus- air quality, increased food-borne, water- Georgia (Mr. CARTER). tries. Setting aside this rule is not borne, and insect-borne pathogens. Mr. CARTER of Georgia. Mr. Speak- going to replace the job security that By curbing carbon pollution, the Clean Power Plan will benefit consumers by miti- er, I rise today in support of S.J. Res. they had in the past. 24, which expresses Congress’ dis- gating these harms. Instead of wasting time trying to The Clean Power Plan should lower con- approval of the EPA’s carbon emission sumer electricity bills. The Clean Power rule for existing power plants. The ad- hold back progress and ignore climate Plan is likely to lower consumer costs, not ministration’s unprecedented rule change, we should be working together raise them, because it will spur improve- would inhibit our ability to produce af- to address this challenge. This rule ments in energy efficiency. Although elec- fordable and reliable electricity. moves us forward, and it represents our tricity prices may rise modestly under the A robust energy supply is essential to Nation’s commitment to addressing a Plan, consumers will use less electricity. This should result in lower bills overall. The national security, public health, and serious global problem that we helped the economy, yet the administration EPA projects that the rule will lower con- to create. sumer bills by 7.0 to 7.7 percent by 2030. A continues to wage war on the source of I constantly hear this about job Public Citizen analysis of the proposed rule 85 percent of America’s energy. Until found that the EPA’s projection of bill re- our energy infrastructure can support losses. The fact is that job losses are ductions was conservative because it over- widespread use of alternate energy occurring regardless of anything that estimated the cost of efficiency programs sources, we cannot arbitrarily force the the Clean Power Plan would do. In- and underestimated how much progress the closure of plants that are keeping stead of saying job losses, the Repub- states can make on efficiency. These points lights on for millions of Americans. remain valid with respect to the final rule, licans should be thinking about ways for which the EPA’s analysis is similar. Con- Implementing this rule would result of trying to help these workers. in the loss of over 125,000 jobs, as well sumer costs are likely to decline by more The other thing I would mention is I than the agency projects. as significantly higher electric bills in We strongly encourage members to support 48 States. Forty of these States would kept hearing from the other side this the Clean Power Plan and to oppose the reso- see double-digit electricity price in- whole notion that electricity rates, lutions disapproving it. Thank you for con- creases. prices, and bills are going to go up. sidering our views, and please feel free to Our Nation is still in a period of eco- contact David Arkush for further informa- I include in the RECORD a letter from nomic recovery. Low- and middle-in- tion at [email protected] or (202) 454–5132. Public Citizen and a number of other come American families already spend Sincerely, 17 percent of their household budget on consumers groups. David Arkush, Managing Director; Pub- lic Citizen’s Climate Program; Dmitri electric bills. These families cannot af- Belser, Executive Director; Center for ford to have another costly mandate Accessible Technology; Kerwin Olson, forced upon them. Executive Director; Citizens Action Co- Our economy cannot recover, much alition; Joseph Patrick Meissner, Legal less compete on a global level, with Counsel; Citizens Coalition; Friendship

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00187 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.060 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8836 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Foundation; Shannon Baker- military is seriously concerned about Now, the President in 2013 went to Branstetter, Policy Counsel, Energy the impacts of climate change and sea Georgetown University and gave a and Environment; Consumers Union; level rise. When we were there, the su- speech on climate change, and he set Liz Robinson, Executive Director; En- perintendent of the Naval Academy out his clean energy plan. I might say ergy Coordinating Agency of Philadel- phia; Stephanie Chen, Energy and Tele- was talking about hundreds of millions that he never consulted with Congress. communications Policy Director; The of dollars that were being spent just at He never talked to Congress. He never Greenlining Institute; Elliott Annapolis to deal with sea level rise at asked for any input from Congress on Jacobson, Chair; Low-Income Energy the academy and went on to talk about this issue. That is his prerogative. But Affordability Network; Charlie Harak, the impact of climate change on naval the EPA took him at his word, and Attorney; National Consumer Law Cen- operations and so many other things. then they started the process of adopt- ter, on behalf of its low-income clients; Again, I don’t want to emphasize the ing these final regulations. Michael Mariotte, President; Nuclear impact on our national security, but it Information and Resource Service; b 1645 Wendy Gerlitz, Policy Director; NW is there. To suggest that somehow there is no impact is simply not true. We have already talked about the Energy Coalition; David C. Rinebolt, regulation relating to new coal power Executive Director and Counsel; Ohio Climate change is very much in the Partners for Affordable Energy; Rich- minds of the admirals and the generals plants so that America finds itself to ard A. Berkley, Esq., Executive Direc- at the Pentagon. They are very worried be one of the only countries in the tor; Public Utility Law Project of New about the impact and what it is going world today where you cannot build a York; Mark W. Toney, Ph.D., Execu- to mean in terms of our national secu- new plant. tive Director; TURN—The Utility Re- rity and what we have to do to address But right now we are talking about form Network; Beth Sachs, Founder; the regulation on existing plants. The Vermont Energy Investment Corpora- those concerns over the next few years. The main thing I wanted to stress, reason we have such concern about it is tion; Irene E. Leech, President; Vir- that, first of all, EPA’s own legal team, ginia Citizens Consumer Council; Mer- Mr. Speaker, if I could, is that this rule ritt Mount, Executive Director; WA that the Republicans are trying to get their lawyers, reversed 20 years of legal State Community Action Partnership; rid of provides States with a lot of opinion when they said that they could Michael Karp, President & CEO; A flexibility to find the best path forward regulate under 111(d) of the Clean Air World Institute for a Sustainable Hu- to meet their emission reduction goals. Act. Prior to that, they had always manity (A W.I.S.H). In fact, many States are already imple- made the decision that, on this type of Mr. PALLONE. I would like to just menting policies that are consistent scale, they could not do it under 111(d). read some sections from the letter. The with these regulations. I might also add that Professor Larry letter is from Public Citizen and a The fact of the matter is that the Tribe of Harvard Law School, who number of other consumers groups. EPA spent several years talking to taught Barack Obama while Barack They say in the letter that ‘‘the States, talking to stakeholders, and Obama was a student at Harvard, came Clean Power Plan will benefit con- talking to consumers. They have not to Congress and testified on this clean sumers. Climate change poses a severe put together some kind of straight- energy plan that, in his view, it was threat to American consumers and in jacket here that says that the States like tearing up the Constitution. In particular to vulnerable populations have to implement these reductions in other words, the President exceeded his . . . The Clean Power Plan should carbon emissions in a certain way. legal authority. In other words, it was lower consumer electricity bills. The They are giving States a tremendous a power grab. Clean Power Plan is likely to lower amount of flexibility. They had a lot of Now, some people say, well, the end consumer costs, not raise them, be- public hearings. They had millions of justifies the means. There are a lot of cause it will spur improvements in en- people who commented on the rule. people who feel that way. But we are ergy efficiency. Although electricity Somehow, when you listen to my col- still a nation of laws. We believe—and prices may rise modestly under the leagues here today, they suggest that not only we believe—every time the Plan, consumers will use less elec- this rule came out of nowhere without EPA has testified about this existing tricity. This should result in lower considering all of the economic im- coal plant rule, they have stressed how bills overall. The EPA projects that the pacts, without considering the costs. they have met with the States, they rule will lower consumer bills by 7.0 to None of that is true. In fact, there were give the States maximum flexibility to 7.7 percent by 2030. A Public Citizen a lot of discussions about the costs and try to address this regulation. If that is analysis of the proposed rule found about the economic impact. the case, why have 27 States already that the EPA’s projection of bill reduc- The bottom line is that there is every filed lawsuits against the EPA and a tions was conservative because it over- reason to believe that this rule will im- multitude of other entities as well? estimated the cost of efficiency pro- prove the public health, will improve This is even a violation of the Fed- grams and underestimated how much the lives of Americans in terms of the eral Power Act because States, gen- progress the states can make on effi- negative impact that air pollution has erally speaking, have jurisdiction over ciency. These points remain valid with on their health, and, in the long run, electric generation and intrastate dis- respect to the final rule, for which the will improve the economy and lower tribution. But under this regulation of EPA’s analysis is similar. Consumers costs for the consumer. existing coal plants, EPA will have costs are likely to decline by more I yield back the balance of my time. that authority. than the agency projects.’’ Mr. WHITFIELD. Mr. Speaker, I Guess what. Normally, when EPA has Again, we keep hearing from the yield myself such time as I may con- a major rule like this, they will give other side of the aisle, oh, electricity sume. the States 3 years to come up with bills are going to go up. They are not. I certainly want to thank Mr. PAL- their State implementation plan. But, They are going to go down. We keep LONE and the great job he does as rank- in this instance, the rule came out and hearing we are going to lose jobs. Well, ing member of the Energy and Com- was finalized in September or October a lot of those jobs are going to be lost merce Committee. I am delighted that of this year. The States have until Sep- anyway because of the change in the we have the opportunity to come to the tember, basically 1 year, to come up types of generation of electricity. We House floor to debate things like S.J. with a State implementation plan. should be thinking of ways to try to Res. 24. They wanted to finalize this rule so deal with that rather than saying that The Congressional Review Act is an that the President could go and tell the somehow we are going to stop it, be- instrument that is available to Con- world leaders in France that America cause we are not going to be able to. gress to try to stop the President when was doing more than anyone else, and I also want to say that I heard the we believe that the President has ex- we already were doing more than any- national security argument. We had, in ceeded his legal authority, and that is one else. the Energy and Commerce Committee, precisely why we are here today on S.J. With all due great respect to every- a minority hearing a couple of months Res. 23 as well as S.J. Res. 24. We be- one, whether you agree with our posi- ago at Annapolis. One of the reasons lieve the President has exceeded his tion or not, we have the right to ex- we went there is we know that our legal authority. press that view. We decided explicitly

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00188 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.047 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8837 to bring these resolutions to the floor Frelinghuysen Love Rohrabacher McGovern Quigley Takano as the climate change conference is Garrett Lucas Rokita McNerney Rangel Thompson (CA) Gibbs Luetkemeyer Rooney (FL) Meeks Rice (NY) Thompson (MS) taking place in Paris because we want Gibson Lummis Ros-Lehtinen Meng Richmond Titus the world to know that there are dif- Gohmert MacArthur Roskam Moore Roybal-Allard Tonko ferences of opinion between the Con- Goodlatte Marchant Ross Moulton Ruiz Torres Gosar Marino Rothfus Murphy (FL) Ryan (OH) Tsongas gress and the President on this issue ´ Gowdy Massie Rouzer Nadler Sanchez, Linda Van Hollen Napolitano T. and on his clean energy plan. Granger McCarthy Royce Vargas Graves (LA) McCaul Russell Neal Sanchez, Loretta I would respectfully ask every Mem- Veasey Graves (MO) McClintock Salmon Nolan Sarbanes Vela ber of Congress to vote for this resolu- Griffith McHenry Sanford Norcross Schakowsky Vela´ zquez tion. As we said earlier, the U.S. Sen- Grothman McKinley Scalise O’Rourke Schiff ate has already passed both of these Guinta McMorris Schweikert Pallone Schrader Visclosky Walz resolutions because they are concerned Guthrie Rodgers Scott, Austin Pascrell Scott (VA) Hardy McSally Sensenbrenner Payne Scott, David Wasserman about the President exceeding his legal Harper Meadows Sessions Pelosi Serrano Schultz authority, his power grab, his extreme Harris Meehan Shimkus Perlmutter Sherman Waters, Maxine plan. Even Democrats in the Senate Hartzler Messer Shuster Peters Sinema Watson Coleman supported these resolutions. Heck (NV) Mica Simpson Pingree Sires Welch Hensarling Miller (FL) Smith (MO) Pocan Smith (WA) Wilson (FL) That is all we are trying to do today. Hice, Jody B. Miller (MI) Smith (NE) Polis Speier Yarmuth We are not debating climate change. Hill Moolenaar Smith (NJ) Price (NC) Swalwell (CA) We are not debating the science of cli- Holding Mooney (WV) Smith (TX) Hudson Mullin Stefanik NOT VOTING—11 mate change. But we are debating the Huelskamp Mulvaney Stivers Graves (GA) Rush Stutzman President’s view on the way you ad- Huizenga (MI) Murphy (PA) Thompson (PA) Herrera Beutler Sewell (AL) Takai dress it and the fact that he is jeopard- Hultgren Neugebauer Thornberry Kirkpatrick Slaughter Williams Hunter Newhouse Tiberi Ruppersberger Stewart izing America because he is making us Hurd (TX) Noem Tipton jump through more severe obstacles Hurt (VA) Nugent Trott b 1716 and hoops than any other country is Issa Nunes Turner being asked to do. That is why we are Jenkins (KS) Olson Upton Mr. HANNA changed his vote from Jenkins (WV) Palazzo Valadao here today. ‘‘yea’’ to ‘‘nay.’’ Johnson (OH) Palmer Wagner Mr. MEEHAN changed his vote from Mr. Speaker, I yield back the balance Johnson, Sam Paulsen Walberg of my time. Jolly Pearce Walden ‘‘nay’’ to ‘‘yea.’’ Jones Perry Walker So the joint resolution was passed. The SPEAKER pro tempore. All time Jordan Peterson Walorski The result of the vote was announced for debate has expired. Joyce Pittenger Walters, Mimi as above recorded. Pursuant to the rule, the previous Katko Pitts Weber (TX) A motion to reconsider was laid on question is ordered on the joint resolu- Kelly (MS) Poe (TX) Webster (FL) Kelly (PA) Poliquin Wenstrup the table. tion. King (IA) Pompeo Westerman The question is on third reading of King (NY) Posey Westmoreland f the joint resolution. Kinzinger (IL) Price, Tom Whitfield Kline Ratcliffe Wilson (SC) PROVIDING FOR CONGRESSIONAL The joint resolution was ordered to Knight Reed Wittman DISAPPROVAL OF A RULE SUB- be read a third time, and was read the Labrador Reichert Womack MITTED BY THE ENVIRON- third time. LaHood Renacci Woodall LaMalfa Ribble Yoder MENTAL PROTECTION AGENCY The SPEAKER pro tempore. The Lamborn Rice (SC) Yoho question is on the passage of the joint Lance Rigell Young (AK) The SPEAKER pro tempore. The un- resolution. Latta Roby Young (IA) finished business is the vote on passage The question was taken; and the LoBiondo Roe (TN) Young (IN) of the joint resolution (S.J. Res. 23) Long Rogers (AL) Zeldin providing for congressional disapproval Speaker pro tempore announced that Loudermilk Rogers (KY) Zinke the ayes appeared to have it. under chapter 8 of title 5, United Mr. PALLONE. Mr. Speaker, on that NAYS—180 States Code, of a rule submitted by the I demand the yeas and nays. Adams Davis, Danny Honda Environmental Protection Agency re- The yeas and nays were ordered. Aguilar DeFazio Hoyer lating to ‘‘Standards of Performance Bass DeGette Huffman for Greenhouse Gas Emissions from The SPEAKER pro tempore. Pursu- Beatty Delaney Israel ant to clause 8 of rule XX, this 15- Becerra DeLauro Jackson Lee New, Modified, and Reconstructed Sta- minute vote on the passage of S.J. Res. Bera DelBene Jeffries tionary Sources: Electric Utility Gen- 24 will be followed by a 5-minute vote Beyer DeSaulnier Johnson (GA) erating Units’’, on which the yeas and Blumenauer Deutch Johnson, E. B. nays were ordered. on the passage of S.J. Res. 23. Bonamici Dingell Kaptur The vote was taken by electronic de- Boyle, Brendan Doggett Keating The Clerk read the title of the joint vice, and there were—yeas 242, nays F. Dold Kelly (IL) resolution. 180, not voting 11, as follows: Brady (PA) Doyle, Michael Kennedy The SPEAKER pro tempore. The Brown (FL) F. Kildee question is on the joint resolution. [Roll No. 650] Brownley (CA) Duckworth Kilmer Bustos Edwards Kind This is a 5-minute vote. YEAS—242 Butterfield Ellison Kuster The vote was taken by electronic de- Abraham Brooks (IN) Culberson Capps Engel Langevin vice, and there were—yeas 235, nays Aderholt Buchanan Curbelo (FL) Capuano Eshoo Larsen (WA) Allen Buck Davis, Rodney Ca´ rdenas Esty Larson (CT) 188, not voting 10, as follows: Amash Bucshon Denham Carney Farr Lawrence [Roll No. 651] Amodei Burgess Dent Carson (IN) Fattah Lee Ashford Byrne DeSantis Cartwright Foster Levin YEAS—235 Babin Calvert DesJarlais Castor (FL) Frankel (FL) Lewis Abraham Bost Coffman Barletta Carter (GA) Diaz-Balart Castro (TX) Fudge Lieu, Ted Aderholt Boustany Cole Barr Carter (TX) Donovan Chu, Judy Gabbard Lipinski Allen Brady (TX) Collins (GA) Barton Chabot Duffy Cicilline Gallego Loebsack Amash Brat Collins (NY) Benishek Chaffetz Duncan (SC) Clark (MA) Garamendi Lofgren Amodei Bridenstine Comstock Bilirakis Clawson (FL) Duncan (TN) Clarke (NY) Graham Lowenthal Ashford Brooks (AL) Conaway Bishop (GA) Coffman Ellmers (NC) Clay Grayson Lowey Babin Brooks (IN) Cook Bishop (MI) Cole Emmer (MN) Cleaver Green, Al Lujan Grisham Barletta Buchanan Crawford Bishop (UT) Collins (GA) Farenthold Clyburn Green, Gene (NM) Barr Buck Crenshaw Black Collins (NY) Fincher Cohen Grijalva Luja´ n, Ben Ray Barton Bucshon Cuellar Blackburn Comstock Fitzpatrick Connolly Gutie´rrez (NM) Benishek Burgess Culberson Blum Conaway Fleischmann Conyers Hahn Lynch Bilirakis Byrne Davis, Rodney Bost Cook Fleming Cooper Hanna Maloney, Bishop (GA) Calvert Denham Boustany Costello (PA) Flores Costa Hastings Carolyn Bishop (MI) Carter (GA) Dent Brady (TX) Cramer Forbes Courtney Heck (WA) Maloney, Sean Bishop (UT) Carter (TX) DeSantis Brat Crawford Fortenberry Crowley Higgins Matsui Black Chabot DesJarlais Bridenstine Crenshaw Foxx Cummings Himes McCollum Blackburn Chaffetz Diaz-Balart Brooks (AL) Cuellar Franks (AZ) Davis (CA) Hinojosa McDermott Blum Clawson (FL) Donovan

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00189 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.062 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8838 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Duffy Labrador Roe (TN) Lieu, Ted Nolan Scott, David Mr. DOGGETT. Mr. Speaker, is that Duncan (SC) LaHood Rogers (AL) Lipinski Norcross Serrano time divided equally, as is normally Duncan (TN) LaMalfa Rogers (KY) LoBiondo O’Rourke Sherman Ellmers (NC) Lamborn Rohrabacher Loebsack Pallone Sinema done on proposals under our rules? Emmer (MN) Lance Rokita Lofgren Pascrell Sires The SPEAKER pro tempore. It is de- Farenthold Latta Rooney (FL) Lowenthal Payne Smith (WA) batable under the hour rule. Fincher Long Roskam Lowey Pelosi Speier Fleischmann Loudermilk Ross Lujan Grisham Perlmutter Swalwell (CA) Mr. DOGGETT. So it can be debated Fleming Love Rothfus (NM) Peters Takano without yielding any time to those of Flores Lucas Rouzer Luja´ n, Ben Ray Pingree Thompson (CA) us who are opposed to this motion Forbes Luetkemeyer Royce (NM) Pocan Thompson (MS) under the rules of the House? Fortenberry Lummis Russell Lynch Polis Titus Foxx MacArthur Salmon Maloney, Price (NC) Tonko The SPEAKER pro tempore. The gen- Franks (AZ) Marchant Sanford Carolyn Quigley Torres tleman from Texas (Mr. BRADY) will be Frelinghuysen Marino Scalise Maloney, Sean Rangel Tsongas recognized for 1 hour. Garrett Massie Schweikert Matsui Rice (NY) Van Hollen McCollum Richmond Vargas Mr. DOGGETT. Further parliamen- Gibbs McCarthy Scott, Austin McDermott Ros-Lehtinen Veasey Gohmert McCaul Sensenbrenner tary inquiry, Mr. Speaker. McGovern Roybal-Allard Vela Goodlatte McClintock Sessions The SPEAKER pro tempore. The gen- Gosar McHenry McNerney Ruiz Vela´ zquez Shimkus Gowdy McKinley Meehan Ryan (OH) Visclosky tleman will state his parliamentary in- Shuster Granger McMorris Meeks Sa´ nchez, Linda Walz Simpson quiry. Graves (GA) Rodgers Meng T. Wasserman Smith (MO) Mr. DOGGETT. Under the new, open, Graves (LA) McSally Moore Sanchez, Loretta Schultz Smith (NE) Graves (MO) Meadows Moulton Sarbanes Waters, Maxine inclusive policies that Speaker RYAN Smith (NJ) Griffith Messer Murphy (FL) Schakowsky Watson Coleman has announced, when was notice of this Smith (TX) Grothman Mica Nadler Schiff Welch Stefanik conference report coming up for a vote Guinta Miller (FL) Napolitano Schrader Wilson (FL) Stewart tonight first provided to all the Mem- Guthrie Miller (MI) Neal Scott (VA) Yarmuth Stivers bers of the House? Hardy Moolenaar NOT VOTING—10 Harper Mooney (WV) Thompson (PA) The SPEAKER pro tempore. The gen- Thornberry Harris Mullin Cramer Rush Takai tleman has not presented a valid par- Hartzler Mulvaney Tiberi Herrera Beutler Sewell (AL) Williams Heck (NV) Murphy (PA) Tipton Kirkpatrick Slaughter liamentary inquiry. The Chair will not Hensarling Neugebauer Trott Ruppersberger Stutzman respond to matters of scheduling. Hice, Jody B. Newhouse Turner Mr. DOGGETT. Well, wasn’t it about Hill Noem Upton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Holding Nugent Valadao The SPEAKER pro tempore (during 30 minutes ago? Hudson Nunes Wagner the vote). There are 2 minutes remain- The SPEAKER pro tempore. The gen- Huelskamp Olson Walberg tleman from Texas (Mr. BRADY) is rec- Walden ing. Huizenga (MI) Palazzo ognized for 1 hour. Hultgren Palmer Walker b 1724 Hunter Paulsen Walorski Mr. BRADY of Texas. Mr. Speaker, Hurd (TX) Pearce Walters, Mimi Mr. KATKO changed his vote from we need to go to conference and move Hurt (VA) Perry Weber (TX) ‘‘yea’’ to ‘‘nay.’’ Webster (FL) the Customs bill forward. We will have Issa Peterson So the joint resolution was passed. a motion to instruct and a full hour of Jenkins (KS) Pittenger Wenstrup The result of the vote was announced Jenkins (WV) Pitts Westerman debate later this evening. Johnson (OH) Poe (TX) Westmoreland as above recorded. I yield back the balance of my time, Whitfield A motion to reconsider was laid on Johnson, Sam Poliquin and I move the previous question on Jolly Pompeo Wilson (SC) the table. Jones Posey Wittman the motion. Jordan Price, Tom Womack f The previous question was ordered. Joyce Ratcliffe Woodall MOTION TO GO TO CONFERENCE The SPEAKER pro tempore. The Kelly (MS) Reed Yoder Kelly (PA) Reichert Yoho ON H.R. 644, TRADE FACILITA- question is on the motion offered by King (IA) Renacci Young (AK) TION AND TRADE ENFORCEMENT the gentleman from Texas (Mr. BRADY). King (NY) Ribble Young (IA) ACT OF 2015 The question was taken; and the Kinzinger (IL) Rice (SC) Young (IN) Kline Rigell Zeldin Mr. BRADY of Texas. Mr. Speaker, Speaker pro tempore announced that Knight Roby Zinke pursuant to clause 1, rule XXII, and by the ayes appeared to have it. direction of the Committee on Ways RECORDED VOTE NAYS—188 and Means, I have a motion at the Mr. LEVIN. Mr. Speaker, I demand a Adams Costello (PA) Grayson desk. recorded vote. Aguilar Courtney Green, Al Bass Crowley Green, Gene The SPEAKER pro tempore. The A recorded vote was ordered. Beatty Cummings Grijalva Clerk will report the motion. The vote was taken by electronic de- Becerra Curbelo (FL) Gutie´rrez The Clerk read as follows: vice, and there were—ayes 252, noes 170, Bera Davis (CA) Hahn Mr. Brady of Texas moves to take from the not voting 11, as follows: Beyer Davis, Danny Hanna Speaker’s table the bill H.R. 644, with the Blumenauer DeFazio Hastings [Roll No. 652] Bonamici DeGette Heck (WA) House amendment to the Senate amendment Boyle, Brendan Delaney Higgins thereto, insist on the House amendment, and AYES—252 F. DeLauro Himes agree to the conference requested by the Abraham Buck Davis, Rodney Brady (PA) DelBene Hinojosa Senate. Aderholt Bucshon Denham Brown (FL) DeSaulnier Honda PARLIAMENTARY INQUIRIES Allen Burgess Dent Brownley (CA) Deutch Hoyer Amodei Byrne DeSantis Bustos Dingell Huffman Mr. DOGGETT. Mr. Speaker, I have a Ashford Calvert DesJarlais Butterfield Doggett Israel parliamentary inquiry. Babin Carter (GA) Diaz-Balart Capps Dold Jackson Lee The SPEAKER pro tempore. The gen- Barletta Carter (TX) Dold Capuano Doyle, Michael Jeffries tleman will state his parliamentary in- Barr Chabot Donovan Ca´ rdenas F. Johnson (GA) Barton Chaffetz Duffy Carney Duckworth Johnson, E. B. quiry. Benishek Clawson (FL) Duncan (SC) Carson (IN) Edwards Kaptur Mr. DOGGETT. Mr. Speaker, is this Bera Coffman Duncan (TN) Cartwright Ellison Katko motion, which makes changes in the Beyer Cole Ellmers (NC) Castor (FL) Engel Keating fast-track procedures that the House Bilirakis Collins (GA) Emmer (MN) Castro (TX) Eshoo Kelly (IL) Bishop (MI) Collins (NY) Farenthold Chu, Judy Esty Kennedy voted on earlier in the year, debatable? Bishop (UT) Comstock Farr Cicilline Farr Kildee The SPEAKER pro tempore. The Blackburn Conaway Fincher Clark (MA) Fattah Kilmer Chair was about to recognize the gen- Blum Cook Fitzpatrick Clarke (NY) Fitzpatrick Kind tleman from Texas (Mr. BRADY) for 1 Blumenauer Cooper Fleischmann Clay Foster Kuster Bonamici Costa Fleming Cleaver Frankel (FL) Langevin hour of debate. Bost Costello (PA) Flores Clyburn Fudge Larsen (WA) Mr. DOGGETT. Mr. Speaker, I have a Boustany Cramer Forbes Cohen Gabbard Larson (CT) further parliamentary inquiry. Brady (TX) Crawford Foxx Connolly Gallego Lawrence The SPEAKER pro tempore. The gen- Bridenstine Crenshaw Franks (AZ) Conyers Garamendi Lee Brooks (AL) Cuellar Frelinghuysen Cooper Gibson Levin tleman will state his parliamentary in- Brooks (IN) Culberson Garrett Costa Graham Lewis quiry. Buchanan Curbelo (FL) Gibbs

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00190 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.048 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8839 Gibson Lummis Roskam McGovern Pocan Swalwell (CA) conference report to accompany the Gohmert MacArthur Ross McNerney Posey Takano bill (S. 1177) to reauthorize the Elemen- Goodlatte Marchant Rothfus Meeks Price (NC) Thompson (CA) Gowdy Marino Rouzer Meng Rangel Thompson (MS) tary and Secondary Education Act of Granger Massie Royce Moore Richmond Titus 1965 to ensure that every child Graves (GA) McCarthy Russell Moulton Roybal-Allard Tonko achieves, which was referred to the Graves (LA) McCaul Salmon Murphy (FL) Ruiz Torres House Calendar and ordered to be Graves (MO) McClintock Sanford Nadler Ryan (OH) Tsongas Napolitano Sa´ nchez, Linda printed. Griffith McHenry Scalise Van Hollen Neal T. Grothman McKinley Schrader Vargas f Guinta McMorris Nolan Sanchez, Loretta Schweikert Veasey NORTH AMERICAN ENERGY SECU- Guthrie Rodgers Norcross Sarbanes Scott, Austin Vela Hanna McSally O’Rourke Schakowsky RITY AND INFRASTRUCTURE Sensenbrenner Vela´ zquez Hardy Meadows Sessions Pallone Schiff ACT OF 2015 Harper Meehan Pascrell Scott (VA) Visclosky Shimkus Walz GENERAL LEAVE Hartzler Messer Shuster Payne Scott, David Pelosi Serrano Waters, Maxine Heck (NV) Mica Simpson Mr. UPTON. Mr. Speaker, I ask unan- Perlmutter Sherman Watson Coleman Hensarling Miller (FL) Sinema imous consent that all Members may Peters Sires Welch Hice, Jody B. Miller (MI) Smith (MO) Peterson Smith (WA) Wilson (FL) have 5 legislative days to revise and ex- Hill Moolenaar Smith (NE) Pingree Speier Yarmuth tend their remarks and include extra- Holding Mooney (WV) Smith (NJ) Hudson Mullin neous material on the bill, H.R. 8. Smith (TX) NOT VOTING—11 Huelskamp Mulvaney Stefanik The SPEAKER pro tempore (Mr. Huizenga (MI) Murphy (PA) Black Ruppersberger Stutzman Stewart ALLEN). Is there objection to the re- Hultgren Neugebauer Fortenberry Rush Takai Stivers Hunter Newhouse Herrera Beutler Sewell (AL) Williams quest of the gentleman from Michigan? Thompson (PA) Hurd (TX) Noem Kirkpatrick Slaughter There was no objection. Thornberry Hurt (VA) Nugent b 1748 The SPEAKER pro tempore. Pursu- Issa Nunes Tiberi Tipton ant to House Resolution 539 and rule Jenkins (KS) Olson Mr. BEYER changed his vote from XVIII, the Chair declares the House in Jenkins (WV) Palazzo Trott Turner ‘‘no’’ to ‘‘aye.’’ the Committee of the Whole House on Johnson (OH) Palmer So the motion was agreed to. Johnson, E. B. Paulsen Upton the state of the Union for the consider- Johnson, Sam Pearce Valadao The result of the vote was announced Wagner ation of the bill, H.R. 8. Jolly Perry as above recorded. The Chair appoints the gentleman Jordan Pittenger Walberg A motion to reconsider was laid on Walden from West Virginia (Mr. JENKINS) to Joyce Pitts the table. Katko Poe (TX) Walker preside over the Committee of the Kelly (MS) Poliquin Walorski PERSONAL EXPLANATION Whole. Kelly (PA) Polis Walters, Mimi Ms. SEWELL of Alabama. Mr. Speaker, dur- Kind Pompeo Wasserman b 1751 Schultz ing the votes held on December 1st, 2015, I King (IA) Price, Tom IN THE COMMITTEE OF THE WHOLE King (NY) Quigley Weber (TX) was inescapably detained and away handling Kinzinger (IL) Ratcliffe Webster (FL) important matters related to my District and Accordingly, the House resolved Kline Reed Wenstrup the State of Alabama. If I had been present, itself into the Committee of the Whole Knight Reichert Westerman I would have voted ‘‘no’’ on Passage of S.J. House on the state of the Union for the Labrador Renacci Westmoreland consideration of the bill (H.R. 8), to LaHood Ribble Whitfield Res. 24 and ‘‘no’’ on S.J. Res. 23. Also, I LaMalfa Rice (NY) Wilson (SC) would have voted ‘‘yes’’ on the Motion to go modernize energy infrastructure, build Lamborn Rice (SC) Wittman to Conference on H.R. 644. a 21st century energy and manufac- Womack Lance Rigell PERSONAL EXPLANATION turing workforce, bolster America’s en- Larsen (WA) Roby Woodall ergy security and diplomacy, and pro- Latta Roe (TN) Yoder Mr. RUPPERSBERGER. Mr. Speaker, I was LoBiondo Rogers (AL) Yoho not able to vote today for medical reasons. mote energy efficiency and government Long Rogers (KY) Young (AK) Had I been present on rollcall vote 646, I accountability, and for other purposes, Loudermilk Rohrabacher Young (IA) would have voted ‘‘no.’’ with Mr. JENKINS of West Virginia in Love Rokita Young (IN) the chair. Lucas Rooney (FL) Zeldin Had I been present on rollcall vote 647, I Luetkemeyer Ros-Lehtinen Zinke would have voted ‘‘no.’’ The Clerk read the title of the bill. Had I been present on rollcall vote 648, I The CHAIR. Pursuant to the rule, the NOES—170 would have voted ‘‘yes.’’ bill is considered read the first time. Adams DeFazio Honda Had I been present on rollcall vote 649, I General debate shall not exceed 1 Aguilar DeGette Hoyer would have voted ‘‘yes.’’ hour equally divided and controlled by Amash Delaney Huffman Had I been present on rollcall vote 650, I the chair and ranking minority mem- Bass DeLauro Israel ber of the Committee on Energy and Beatty DelBene Jackson Lee would have voted ‘‘no.’’ Becerra DeSaulnier Jeffries Had I been present on rollcall vote 651, I Commerce. Bishop (GA) Deutch Johnson (GA) would have voted ‘‘no.’’ The gentleman from Michigan (Mr. Boyle, Brendan Dingell Jones Had I been present on rollcall vote 652, I UPTON) and the gentleman from New F. Doggett Kaptur would have voted ‘‘no.’’ Jersey (Mr. PALLONE) each will control Brady (PA) Doyle, Michael Keating Brat F. Kelly (IL) f 30 minutes. Brown (FL) Duckworth Kennedy REPORT ON RESOLUTION PRO- The Chair recognizes the gentleman Brownley (CA) Edwards Kildee VIDING FOR FURTHER CONSID- from Michigan. Bustos Ellison Kilmer Mr. UPTON. Mr. Chairman, I yield Butterfield Engel Kuster ERATION OF H.R. 8, NORTH Capps Eshoo Langevin myself such time as I may consume. AMERICAN ENERGY SECURITY Mr. Chairman, today we commence Capuano Esty Larson (CT) AND INFRASTRUCTURE ACT OF Ca´ rdenas Fattah Lawrence debate on H.R. 8, the North American Carney Foster Lee 2015, AND PROVIDING FOR CON- Energy Security and Infrastructure Carson (IN) Frankel (FL) Levin SIDERATION OF THE CON- Act of 2015. This bill culminates a Cartwright Fudge Lewis FERENCE REPORT ON S. 1177, Castor (FL) Gabbard Lieu, Ted multiyear, multi-Congress effort to en- Castro (TX) Gallego Lipinski STUDENT SUCCESS ACT sure that folks in Michigan and every Chu, Judy Garamendi Loebsack Mr. BURGESS, from the Committee corner of the country have access to af- Cicilline Gosar Lofgren on Rules, submitted a privileged report fordable and reliable energy. It has Clark (MA) Graham Lowenthal Clarke (NY) Grayson Lowey (Rept. No. 114–359) on the resolution (H. been nearly a decade since we last con- Clay Green, Al Lujan Grisham Res. 542) providing for further consider- sidered a broad energy package and a Cleaver Green, Gene (NM) ation of the bill (H.R. 8) to modernize lot—a lot—has changed. Clyburn Grijalva Luja´ n, Ben Ray energy infrastructure, build a 21st cen- Back then, the energy situation Cohen Gutie´rrez (NM) Connolly Hahn Lynch tury energy and manufacturing work- looked downright dire: declining do- Conyers Harris Maloney, force, bolster America’s energy secu- mestic oil and natural gas output, in- Courtney Hastings Carolyn rity and diplomacy, and promote en- creasing reliance on imports, and en- Crowley Heck (WA) Maloney, Sean ergy efficiency and government ac- ergy prices that seemed like they had Cummings Higgins Matsui Davis (CA) Himes McCollum countability, and for other purposes, nowhere to go but up. Remember 7 Davis, Danny Hinojosa McDermott and providing for consideration of the years ago they were $3.84 a gallon.

VerDate Sep 11 2014 03:38 Mar 30, 2016 Jkt 049060 PO 00000 Frm 00191 Fmt 7634 Sfmt 0634 E:\RECORD15\DEC 2015\H01DE5.REC H01DE5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H8840 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Manufacturers were leaving and fleeing I would add that while our energy Finally, I will include a copy of your letter overseas in pursuit of cheaper energy. abundance is a real blessing, it does and this response in the Congressional But thankfully, because of break- not in any way reduce the importance Record during consideration of H.R. 8 on the through innovation, a little American House floor. of energy efficiency. H.R. 8 again in- Thank you for your work and cooperation ingenuity, and a lot of hard work, we cludes a number of updates to energy on H.R. 8. are now experiencing game-changing efficiency policy, including measures Sincerely, energy abundance that has, in fact, re- to help the Federal Government use en- FRED UPTON, defined America’s standing at home, as ergy more wisely, as well as improve- Chairman. well as around the globe. Now Michi- ments to existing energy efficiency gan and many parts of the country are programs that have proven problem- HOUSE OF REPRESENTATIVES, COMMITTEE ON FOREIGN AFFAIRS, enjoying a welcome manufacturing atic. renaissance thanks to reliable and af- Washington, DC, November 18, 2015. A decade ago, no one, no one here, Hon. FRED UPTON, fordable energy. It is well past time could have imagined where we would be Chairman, Committee on Energy and Commerce, that our laws rooted in energy scarcity in 2015 and how much the energy script Rayburn House Office Building, Wash- caught up to our newfound 21st century would be flipped in our favor. It is a ington, DC. reality. new day, but now that we are here, it DEAR MR. CHAIRMAN: Thank you for con- The first order of business is to allow is time to bring our energy policy in sulting with the Committee on Foreign Af- the private sector to expand the Na- fairs regarding H.R. 8, the North American line with those new realities. It is time Energy Security and Infrastructure Act of tion’s energy infrastructure. The Key- that we put the scarcity mindset in the stone XL pipeline is certainly one of 2015. As a result of those consultations and rearview mirror and say yes to energy text edits related to the role that the For- the most well-known examples of en- and yes to jobs. eign Affairs Committee and the Department ergy infrastructure projects being de- I reserve the balance of my time. of State play in energy diplomacy, I agree layed and ultimately denied, but it is HOUSE OF REPRESENTATIVES, that the Foreign Affairs Committee may be far from the only one. COMMITTEE ON NATURAL RESOURCES, discharged from further consideration of We have a Federal permitting process Washington, DC, November 16, 2015. that bill, so that it may proceed expedi- that is not designed to expeditiously Hon. FRED UPTON, tiously to the House floor. I am writing to confirm our mutual under- handle the many projects necessary to Chairman, Committee on Energy and Commerce, standing that, by forgoing consideration of bring online the Nation’s growing en- Rayburn House Office Building, Wash- H.R. 8, the Foreign Affairs Committee does ington, DC. ergy output and to meet energy needs not waive jurisdiction over the subject mat- DEAR MR. CHAIRMAN: I write regarding H.R. of homeowners and businesses. How ter contained in this, or any other, legisla- can it be that in this century we can’t 8, the North American Energy Security and Infrastructure Act of 2015. This bill contains tion. I also would appreciate your support for a request by the Foreign Affairs Com- get energy to consumers in some parts provisions under the jurisdiction of the Com- mittee for an appropriate number of con- of the country? We need to fix that mittee on Natural Resources. problem. This bill does that. I recognize and appreciate your desire to ferees to any House-Senate conference in- H.R. 8 has several useful provisions bring this bill before the House of Represent- volving this bill, should one occur. I ask that a copy of our exchange of letters atives in an expeditious manner, and accord- to make the approval process more on this matter be included in the Congres- ingly, I will agree that the Committee on timely for projects such as interstate sional Record during floor consideration of Natural Resources will not seek a referral of natural gas pipelines, LNG export fa- H.R. 8. Thank you again for your collabo- the bill. I do so with the understanding that cilities, and new hydropower, which we rative leadership on this important legisla- this action does not affect the jurisdiction of discussed during a hearing with the tion. the Committee on Natural Resources, and Sincerely, FERC, the Federal Energy Regulatory that the Committee expressly reserves its EDWARD R. ROYCE, Commission, just today. And I would authority to seek conferees on any provision Chairman. add that these streamlining provisions within its jurisdiction during any House- were done so in a manner that keeps Senate conference that may be convened on HOUSE OF REPRESENTATIVES, this, or any similar legislation. I ask that the environmental and safety protec- COMMITTEE ON ENERGY AND COMMERCE, tions intact. you support any such request. Washington, DC, November 20, 2015. Finally, I also ask that a copy of this let- Perhaps the biggest changes brought Hon. EDWARD R. ROYCE, ter and your response be inserted in the Con- on by our energy abundance are geo- Chairman, Committee on Foreign Affairs, gressional Record during consideration of political. Where we once feared rising Washington, DC. H.R. 8 on the House floor. DEAR CHAIRMAN ROYCE: Thank you for dependence on the likes of OPEC, now Thank you for your work on this bill, and your assistance regarding H.R. 8, North we can, in fact, control our energy des- for your cooperation and consideration on tiny and use our new standing as an en- American Energy Security and Infrastruc- this and many other matters shared by our ture Act of 2015. ergy superpower to help our allies and committees. I look forward to H.R. 8’s enact- I appreciate your willingness to discharge friends around the world and engage in ment. the Committee on Foreign Affairs from fur- energy diplomacy. However, this is a Sincerely, ther consideration of H.R. 8 so that it can new role for the U.S., and we don’t ROB BISHOP, proceed expeditiously to the House floor. I have in place the means to act globally Chairman, agree that the Committee on Foreign Affairs Committee on Natural Resources. on energy policy yet. This bill changes does not waive jurisdiction over the subject matter contained in this or any other legis- that. HOUSE OF REPRESENTATIVES, Using the Department of Energy’s lation. In addition, I agree to support a re- COMMITTEE ON ENERGY AND COMMERCE, quest by the Committee on Foreign Affairs Quadrennial Energy Review as a guide, Washington, DC, November 16, 2015. for an appropriate number of conferees to this bill begins the process of incor- Hon. ROB BISHOP, any House-Senate conference involving this porating energy security and diplo- Chairman, Committee on Natural Resources, bill. macy considerations into the decision- Longworth House Office Building, Wash- I will place a copy of our exchange of let- making process. It also creates forums ington, DC. ters on this matter in the Congressional through which we can coordinate with DEAR MR. CHAIRMAN: I write regarding H.R. Record during floor consideration of H.R. 8. 8, the North American Energy Security and Thank you for your work and cooperation our North American neighbors, as well Infrastructure Act of 2015. As you noted, this on H.R. 8. as our allies and trading partners bill contains provisions under the jurisdic- Sincerely, around the world, on energy policy. tion of the Committee on Natural Resources. FRED UPTON, Unfortunately, the energy news over I appreciate your willingness to agree that Chairman. the last decade hasn’t been all that the Committee on Natural Resources be dis- good. Cyber threats and electro- charged from further consideration of the HOUSE OF REPRESENTATIVES, COM- magnetic pulses pose a growing and bill. I agree that this action does not affect MITTEE ON OVERSIGHT AND GOV- more sophisticated risk to the Nation’s the jurisdiction of the Committee on Natural ERNMENT REFORM, Resources, and that the Committee expressly electricity system. We need new meas- Washington, DC, November 19, 2015. reserves its authority to seek conferees on Hon. FRED UPTON, ures to better address these and other any provision within its jurisdiction during Chairman, Committee on Energy and Commerce, threats to the grid, and this bill, H.R. any House-Senate conference that may be Washington, DC. 8, has a number of important provi- convened on this, or any similar legislation. DEAR MR. CHAIRMAN: I write concerning sions. I will support any such request. H.R. 8, the North American Energy Security

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and Infrastructure Act of 2015. As you know, HOUSE OF REPRESENTATIVES, ing consulted with the Committee and in the Committee on Energy and Commerce re- COMMITTEE ON TRANSPORTATION AND order to expedite this bill for floor consider- ceived an original referral and the Com- INFRASTRUCTURE, ation, the Committee on Science, Space, and mittee on Oversight and Government Reform Washington, DC, November 24, 2015. Technology will forego action on the bill. a secondary referral when the bill was intro- Hon. FRED UPTON, This is being done on the basis of our mutual duced on September 16, 2015. I recognize and Chairman, Committee on Energy and Commerce, understanding that doing so will in no way appreciate your desire to bring this legisla- Washington, DC. diminish or alter the jurisdiction of the tion before the House of Representatives in DEAR MR. CHAIRMAN: I write concerning Committee on Science, Space, and Tech- an expeditious manner, and accordingly, the H.R. 8, the North American Energy Security nology with respect to the appointment of Committee on Oversight and Government and Infrastructure Act of 2015, as ordered re- conferees, or to any future jurisdictional Reform will forego committee action on the ported by the Committee on Energy and claim over the subject matters contained in bill. Commerce. There are certain provisions in the bill or similar legislation. the legislation that fall within the Rule X I would appreciate your response to this The Committee takes this action with our jurisdiction of the Committee on Transpor- letter confirming this understanding, and mutual understanding that by foregoing con- tation and Infrastructure. would request that you include a copy of this sideration of H.R. 8 at this time, we do not In order to expedite this legislation for letter and your response in the Congres- waive any jurisdiction over the subject mat- Floor consideration, the Committee will sional Record during the floor consideration ter contained in this or similar legislation. forgo action on this bill. However, this is of this bill. Thank you in advance for your Specifically, the Oversight Committee’s ju- conditional on our mutual understanding cooperation. risdiction is primarily triggered by provi- that forgoing consideration of the bill does Sincerely, sions in the bill related to 5 U.S.C. 552, not alter or diminish the jurisdiction of the LAMAR SMITH, known as the Freedom of Information Act Committee with respect to the appointment Chairman. (FOIA). I appreciate that our committees of conferees or to any future jurisdictional have had fruitful discussions regarding these claim over the subject matters contained in HOUSE OF REPRESENTATIVES, provisions and have come to an agreement the bill or similar legislation. I request you COMMITTEE ON ENERGY AND COMMERCE, related to section 4122 of the reported bill. urge the Speaker to name members of the Washington, DC, December 1, 2015. Negotiations regarding sections 1104, 1105, Committee to any conference committee Hon. LAMAR SMITH, and 1106, the application of FOIA as it re- named to consider such provisions. Chairman, Committee on Science, Space, and lates to critical electric infrastructure secu- Please place a copy of this letter and your Technology, Washington, DC. rity, the Strategic Transformer Reserve and response acknowledging our jurisdictional DEAR CHAIRMAN SMITH: Thank you for your Cyber Sense, are currently ongoing. I have interest into the Congressional Record dur- letter concerning H.R. 8, North American full confidence that our committees will ar- ing consideration of the measure on the Energy Security and Infrastructure Act of rive at a mutually agreeable compromise, House Floor. 2015. which respects the Oversight Committee’s Sincerely, As you noted, H.R. 8 contains provisions interest in narrowing FOIA exemptions, BILL SHUSTER, within the Committee on Science, Space, prior to floor consideration of the bill. Chairman. and Technology’s Rule X jurisdiction. I ap- I request your support for the appointment preciate your willingness to forego action on HOUSE OF REPRESENTATIVES, of conferees from the Committee on Over- the bill in order to expedite this bill for floor COMMITTEE ON ENERGY AND COMMERCE, sight and Government Reform during any consideration. I agree that doing so will in Washington, DC, November 24, 2015. House-Senate conference convened on this or no way diminish or alter the jurisdiction of Hon. BILL SHUSTER, related legislation. Finally, I would ask that the Committee on Science, Space, and Tech- Chairman, Committee on Transportation and a copy of our exchange of letters on this nology with respect to the appointment of Infrastructure, Washington, DC. conferees, or to any future jurisdictional matter be included in the bill report filed by DEAR CHAIRMAN SHUSTER: Thank you for the Committee on Energy and Commerce, as claim over the subject matters contained in your letter concerning H.R. 8, North Amer- the bill or similar legislation. well as in the Congressional Record during ican Energy Security and Infrastructure Act floor consideration, to memorialize our un- I will place a copy of your letter and this of 2015, as ordered reported by the Com- response into the Congressional during the derstanding mittee on Energy and Commerce. As you Sincerely, Floor consideration of this bill. noted, there are certain provision in the leg- Sincerely, JASON CHAFFETZ, islation that fall within the Rule X jurisdic- Chairman. FRED UPTON, tion of the Committee on Transportation Chairman. and Infrastructure. Mr. PALLONE. Mr. Chairman, I yield HOUSE OF REPRESENTATIVES, I appreciate your willingness to forgo ac- COMMITTEE ON ENERGY AND COMMERCE, tion on this bill in order to expedite this leg- myself such time as I may consume. Washington, DC, December 1, 2015. islation for Floor consideration. I agree that Mr. Chairman, when Chairman UPTON Hon. JASON CHAFFETZ, forgoing consideration of the bill does not and I first talked about energy legisla- Chairman, Committee on Oversight and Govern- alter or diminish the jurisdiction of the tion, I was encouraged that we would ment Reform, Washington, DC. Committee with respect to the appointment be working together to develop a con- of conferees or to any future jurisdictional DEAR CHAIRMAN CHAFFETZ: Thank you for claim over the subject matters contained in sensus, bipartisan bill. In the tradition your assistance regarding H.R. 8, North the bill or similar legislation. In addition, I of the Committee on Energy and Com- American Energy Security and Infrastruc- will support your request for the Speaker to merce, that is what we started to do, ture Act of 2015. I appreciate your willing- name members of the Committee to any con- spending months negotiating over lan- ness to forego action on the bill in the Com- ference committee named to consider such guage and finally reporting a bill from mittee on Oversight and Government Re- provisions. subcommittee on a voice vote in July. form. I will place a copy of your letter and this That bill was modest but bipartisan I agree that by foregoing consideration of response into the Congressional Record dur- ing consideration of the measure on the and was the result of good faith co- H.R. 8 at this time, the Committee on Over- operation. sight and Government Reform does not House Floor. waive any jurisdiction over the subject mat- Sincerely, Unfortunately, that effort fell apart. ter contained in this or similar legislation. I FRED UPTON, H.R. 8 is not a bipartisan consensus am confident that our committees will ar- Chairman. bill. Instead, the House is taking up a rive at a mutually agreeable compromise on backward-looking piece of energy legis- the ongoing negotiations between our com- HOUSE OF REPRESENTATIVES, COM- lation at a time when we need to move mittees prior to floor consideration of the MITTEE ON SCIENCE, SPACE, AND forward. H.R. 8 undermines the bill. TECHNOLOGY, Washington, DC, December 1, 2015. progress we have made in deploying the I will support your request for the appoint- Hon. FRED UPTON sustainable clean energy economy of ment of conferees from the Committee on Chairman, Committee on Energy and Commerce, the future. Oversight and Government Reform during House of Representatives, Washington, DC. Although the title for H.R. 8 suggests any House-Senate conference convened on DEAR MR. CHAIRMAN: I am writing con- we are authorizing improvements in this or related legislation. In addition, I will cerning H.R. 8, the ‘‘North American Energy energy infrastructure, the bill provides include a copy of our exchange of letters on Security and Infrastructure Act of 2015,’’ no funding or initiatives to address this matter in the Congressional Record dur- which your Committee reported on Novem- ing floor consideration of H.R. 8 ber 19, 2015. some of the significant energy infra- Sincerely, H.R. 8 contains provisions within the Com- structure issues we are facing. FRED UPTON, mittee on Science, Space, and Technology’s Meanwhile, the bill has only gotten Chairman. Rule X jurisdiction. As a result of your hav- worse since it left the committee. It

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00193 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.057 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8842 CONGRESSIONAL RECORD — HOUSE December 1, 2015 was in Upton’s manager’s amendment of the Energy and Commerce Com- Mr. TONKO. I thank the gentleman that strips out the few good provisions mittee. from New Jersey for yielding. that remained from the committee Mr. BARTON. Mr. Chairman, I thank Mr. Chairman, there is strong—cer- markup. This so-called energy bill now Chairman UPTON for yielding me the tainly bipartisan—consensus that we does nothing for solar, wind, or any time. need to update and modernize our en- other clean energy technology. I want to commend him for his lead- ergy infrastructure. Unfortunately, On top of that, the Republicans de- ership on this initiative and for getting this bill fails to make meaningful ad- leted a whole title of the bill written it to the floor. This has been a long vances in this arena. primarily by the subcommittee rank- process, and the gentleman is to be It does not advance clean energy. The ing member, BOBBY RUSH, the 21st Cen- commended for going through the reg- ‘‘energy efficiency’’ title would actu- tury Workforce Initiative. That title ular order of the subcommittee, of the ally be a setback in reducing consump- created a new program at DOE to help full committee, and now to floor con- tion and carbon emissions, and climate minorities, women, and veterans find sideration. change is not addressed at all. When- work and build careers in the energy I support H.R. 8, as reported out of ever possible, this legislation favors industry. This was something that Re- committee and as amended in the man- suppliers over consumers, consumption publicans praised throughout the com- ager’s amendment that the gentleman over efficiency, and the fossil fuels mittee process. In fact, the Energy presented to the Rules Committee. over renewable energy. Subcommittee chairman even praised I have requested—and I think it will Most disappointingly, this bill could the title last night during testimony be made in order—an amendment to have been bipartisan. The Senate’s en- before the Rules Committee. Yet, Mr. that bill to include a provision that we ergy bill, while far from perfect, at Chairman, the bill before us doesn’t passed as a stand-alone bill several least acknowledges that we need to in- have that provision. months ago, H.R. 702, which would re- vest real dollars into upgrading our Na- What does that say about Repub- peal the current ban on crude oil ex- tion’s energy systems. licans’ so-called commitment to ex- ports. This bill has no shortage of flaws. I panding job opportunities in the energy My amendment, if made in order by have offered two amendments to ad- sector for minorities, women, and the Rules Committee—and I hope that dress some of these shortcomings. The those who served our country? Unfortu- it will be—takes what the floor passed first would reauthorize the Weatheriza- nately, it says all too much, and none with amendments—and we had a num- tion Assistance Program and the State of it is good. ber of Republican and Democrat Energy Program. These are two exist- amendments that were added dealing ing programs that have operated suc- b 1800 with terrorism, national security, and cessfully for years. H.R. 8 has one central theme binding things of this sort. I am asking that The Weatherization Assistance Pro- its titles: an unerring devotion to the the Rules Committee make in order gram supports State-based programs to energy of the past. Provision after pro- H.R. 702, as amended, and put it on the improve the energy efficiency of the vision favors an energy policy that is floor tomorrow as an amendment. homes of low-income families. The De- dominated by fossil fuels and unneces- Mr. Chairman, in the United States, partment of Energy provides grants to sary energy use. It is the Republican we currently produce a little over 9 the States to deliver these services Party’s 19th-century vision for the fu- million barrels of oil per day. That through local weatherization agencies. ture of U.S. energy policy in the 21st makes us number 3 in the world in The Weatherization Assistance Pro- century. terms of daily crude oil production, but gram helps those in our communities Needless to say, the administration we are not allowed to export any of who do not have the financial resources opposes this bill. If it reaches the that crude oil. We can export refined to make energy efficiency investments President’s desk, it will be vetoed. I, products and we do export up to 3 or 4 on their own: the elderly, the disabled, too, oppose H.R. 8, and I urge my col- million barrels per day of refined prod- and other low-income families amongst leagues to reject this attempt to roll ucts, but we cannot export crude oil. them who are struggling to make ends back progress in energy efficiency and If my amendment is accepted by the meet. clean energy. Rules Committee, made in order, voted The second amendment would strike I have to say I don’t usually pay on in a positive way by the House, sent section 1101, an unnecessary change to much attention to comments that to the Senate, and the Senate passes FERC’s natural gas pipeline approval come from the media, but I was actu- H.R. 8, and it is signed by the Presi- process. Nothing has been done to cast ally asked a couple of minutes ago to dent, we could then begin to export our FERC’s role as the lead agency for comment on the fact that some of the crude oil. siting gas pipelines in doubt, but the Republicans have said that this bill is We have the capability to easily majority has used this pretense to actually something they can take to produce 15 million barrels a day, and make it easier for pipeline companies the Paris conference and talk about in some experts say we could go up to 20. to have projects approved without ex- a positive way. Nothing could be fur- That would be a strategic asset vis-a- tensive public consultation, requiring ther from the truth. vis OPEC, vis-a-vis ISIS, vis-a-vis the FERC to make a decision within 90 The Paris conference is seeking to Russians, in that we could use our oil days regardless of the complexity of address climate change and is seeking in the international oil markets. the application. to move us towards less reliance on It would help our economy, would lit- It would also allow for remote sur- greenhouse gases, less reliance on fossil erally create hundreds of thousands of veying instead of on-site inspections. fuels, and more on renewables. Nothing jobs, and would, surprisingly, minimize This would allow companies to cir- in this bill accomplishes that goal, and or lower gasoline prices here in the cumvent property owners’ rights when it is hard for me to believe that my col- United States because more U.S. oil in surveying land. My amendment would leagues on the Republican side could the world market would lower the strike this section to ensure Federal even suggest that, somehow, this is world price, which would lower gaso- and State regulators have the time something that they would want to line prices at the pump. necessary to review any and all appli- bring up or talk about at the Paris con- Mr. Chairman, I appreciate your sup- cations, but these issues are far from ference. port. I ask that the Rules Committee my only concerns with this bill. Again, I can’t say anything positive make my bipartisan amendment in Energy efficiency has a long history about this bill, and it is unfortunate order, which is cosponsored by Mr. of bipartisanship, but, sadly, this has that we have gotten to the point now CUELLAR, Mr. CONAWAY, Mr. FLORES, not continued in this bill. at which there is no effort, really, to and Mr. MCCAUL, and that we add it to According to the American Council reach any of the Democrats’ concerns. your excellent bill on the floor tomor- for an Energy-Efficient Economy, this I reserve the balance of my time. row. bill would actually net cost consumers Mr. UPTON. Mr. Chairman, I yield 3 Mr. PALLONE. Mr. Chairman, I yield and cause additional emissions. minutes to the gentleman from Texas 5 minutes to the gentleman from New Furthermore, the DOE is prevented (Mr. BARTON), the chairman emeritus York (Mr. TONKO). from providing assistance if it finds

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00194 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.071 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8843 that a proposed code does not meet a This bill actually contains two provi- dropower permitting, and that gen- payback period of 10 years or less. That sions that were bipartisan provisions erally improve the modernization of is a return on investment that does not that passed in my Natural Resources our electric grid. jibe with reality where 30-year mort- Committee, both of which will ensure Unfortunately, the funding was re- gages are often the norm. that the flow of energy to our Nation moved for the electric grid grant pro- The bill repeals a section of the En- will be facilitated and will continue on gram and for carbon capture sequestra- ergy Independence and Security Act in the future. tion, a provision promoting the next which has been used to improve the ef- One, by Mr. MACARTHUR of New Jer- generation energy workforce is gone, ficiency of new Federal buildings. sey, illustrates the archaic provisions and language that weakens energy effi- There was an extensive hydropower that will never be used to prohibit and ciency in buildings has not been fixed. section included during the full com- use Federal land as a hindrance to This is a big disappointment, Mr. mittee markup that was not subject to pipeline production even if those pipe- Chairman, because throughout most of a hearing despite significantly chang- lines are underground and if they are the process there was real bipartisan ing the FERC licensing process. already in established corridors for en- cooperation, but in the final stages, the It does nothing to address the public ergy production, especially those going majority fell into partisanship and health and safety hazards created by into the northeast of this country. It is changed the bill to something most old, leaky natural gas pipelines. an extremely important position and Democrats can’t support. It does nothing to assist States’ ef- point of view. So it is with great disappointment forts to upgrade and modernize their Mr. ZINKE of Montana and Mr. that I oppose H.R. 8, and I urge my col- electric grids. SCHRADER of Oregon also have a bipar- leagues to do the same. It is silent on the infrastructure tisan bill that deals with the Elec- maintenance issues associated with the b 1815 tricity Reliability and Forest Protec- Strategic Petroleum Reserve that the Mr. UPTON. Mr. Chairman, I yield 2 tion Act, which would minimize the po- administration identified in the Quad- minutes to the gentleman from Geor- tential of wildfire risk in the over rennial Energy Review. gia (Mr. CARTER). It has totally failed to recognize the 100,000 miles of power lines we have Mr. CARTER of Georgia. Mr. Chair, I growth in distributed renewable en- going through national forest and Bu- rise today in support of H.R. 8, a bill ergy, such as wind and solar, and it reau of Land Management properties. that will help our Nation rise to meet should come as no surprise that this The provisions would require the growing energy demands and chal- bill ignores the impact of climate agencies to actually work to come up lenges. change, which remains a major threat with constructive policies and to make Our energy policy is incompatible to our energy security, our economy, timely decisions so that the utilities with the current state of domestic en- and human health. have the ability to take out hazardous ergy supply and production. The These are just a handful of the seri- elements, like trees, and so that rate- United States is now the world’s larg- ous issues with this bill. payers are not going to be on the hook est energy producer, but our energy in- I believe all of us started with the in- for the liability of a freak forest fire frastructure is woefully inadequate. We tention of continuing the Energy and that would come because of Federal in- have the innovation and technology to Commerce Committee’s long tradition action. safely expand the electric grid and of working on comprehensive energy American energy production has lit- pipeline systems, but administrative legislation in a bipartisan fashion, but erally changed in less than a decade. red tape has severely hindered these this bill is a far cry from the discussion There is no reason Federal lands should projects. drafts we actually held hearings on blockade any kind of pragmatic ap- As long as natural gas, hydroelectric, earlier this year. I understand we may proach from having these resources and nuclear energy projects continue not agree on everything, but this legis- moved from the places they are devel- to languish for years in drawn-out Fed- lation fails to capitalize on those areas oped to where people can actually ben- eral permitting processes, nobody can of agreement in any meaningful way. efit from them. benefit from the cleaner and more af- This bill’s focus is on the past, not on This bill helps people, and it will fordable energy these sources can pro- the future. It fails to make the nec- move our country forward. I appreciate vide. essary investments in our energy infra- Chairman UPTON’s and his committee’s Not only do we desperately need to structure to improve safety, public leadership. This is an essential one if expand our energy infrastructure to en- health, and reliability. we are actually going to forge a better sure reliable and affordable energy, but It rolls back efforts to improve en- future for the United States. I am our national security depends on se- ergy efficiency, does nothing to encour- proud to be down here to support it, cured energy sources and updated in- age the expansion of renewable energy, and I appreciate adding these two im- frastructure to protect against real and ignores climate change, as I indi- portant, bipartisan provisions as part threats. cated, altogether. It promotes a future of the overall package. Cyber attacks on electric utility sys- that is economically and environ- Mr. PALLONE. Mr. Chairman, I yield tems and electromagnetic pulses are no mentally unsustainable. 3 minutes to the gentleman from Cali- longer things you only see in movies. I then urge my colleagues to reject fornia (Mr. MCNERNEY). These threats are very real and pos- this bill. We need to go back to the Mr. MCNERNEY. I thank the chair- sible, and we need to be prepared. We drawing board and craft a bill that ac- man. need to improve energy infrastructure tually makes investments and looks Mr. Chairman, it is well past time security now, not later. forward to America’s energy future. that Congress update our national en- I urge my colleagues to support this Mr. UPTON. Mr. Chairman, I yield 4 ergy policy with a framework that in- bill so Americans can continue to have minutes to the gentleman from Utah cludes clean energy technologies, re- access to an affordable, reliable, and (Mr. BISHOP), the chairman of the Nat- duces fossil fuel consumption, boosts secure energy supply. ural Resources Committee. energy efficiency in residential, com- Mr. PALLONE. Mr. Chairman, I yield Mr. BISHOP of Utah. I thank the mercial, and Federal buildings, and 2 minutes to the gentlewoman from chairman. provides the funding necessary to ad- New Jersey (Mrs. WATSON COLEMAN). Mr. Chairman, the United States has vance our workforce and technological Mrs. WATSON COLEMAN. Mr. Chair- become a leader in the area of energy innovation, but, unfortunately, H.R. 8 man, I rise today in adamant opposi- production. But if we are going to does not meet these goals. tion to H.R. 8. maintain that leadership and be a true I do want to thank Chairman UPTON I don’t have much time, so I can’t go support for our allies, it requires cer- for working with me on several provi- into all the terrible provisions included tain actions that Chairman UPTON and sions that are intended to improve re- in this legislation. To be clear, there his committee have recognized and sponses to physical and cyberattacks are many. have presented to us in this North on the grid, that encourage the devel- I do want to address language that American Energy Security and Infra- opment and use of water and energy-ef- would give the Federal Energy Regu- structure Act. ficient technology, that streamline hy- latory Commission, or FERC, what

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00195 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.073 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8844 CONGRESSIONAL RECORD — HOUSE December 1, 2015 amounts to fast-tracking power for the approval process for natural gas rity, and efficiency in our energy infra- pipeline approvals. pipelines that cross our Nation’s public structure. Setting arbitrary deadlines for the lands. In doing so, it eliminates long- I want to focus on one section of that studies, research, and public comment standing protections afforded to our bill, title 5, that ‘‘national energy secu- periods for dangerous and volatile pipe- national parks and other historically rity corridors’’ portion. I originally line projects, regardless of how com- significant areas that were set aside for proposed this as a separate bill, and I plicated the proposal or how sensitive the very distinct purpose of preserving am pleased to see it as part of this en- the land these projects cuts through, our Nation’s cultural and natural her- ergy act. Simply put, it allows us to doesn’t give us what my colleagues itage. move natural gas from the western to across the aisle call energy security. This legislation also blocks the pub- the eastern United States. What it will do is put private, public, lic from providing any input on where Let me give you an example of why and protected land, clean water, and these natural gas pipeline corridors this matters. A couple of weeks ago, I our environment at risk. should be located. visited Winteringham Village in Toms In my district, where we are already My home State of Massachusetts, River in my district. It is a village fighting just such a project, my con- like many areas around the country, comprised almost entirely of seniors, stituents will be the first to tell you faces real energy challenges. In my dis- and their average income is slightly just how preposterous a provision of trict, a company is proposing to build a over $12,000 a year. this nature is. new 250-mile natural gas pipeline that These people are not getting a cost- This bill deserves a resounding and crosses three States. I have heard from of-living increase under Social Secu- unilateral ‘‘no,’’ and I hope my col- hundreds of my constituents expressing rity, but they most certainly are facing leagues will join me in defeating it. their concerns with the project, par- higher energy costs. The reason is sim- Mr. UPTON. Mr. Chairman, may I in- ticularly with regard to its route. ple. While other States, western quire how much time is remaining on Thanks to extensive public review States, enjoy lower energy costs, both sides? and input, the pipeline route has al- States like mine are facing higher en- The CHAIR. The gentleman from ready been adjusted to minimize some ergy costs, and the reason is simple. Michigan has 181⁄2 minutes remaining, of the environmental impacts, but We don’t have the energy infrastruc- and the gentleman from New Jersey there are still many outstanding con- ture to move gas from the West to the has 19 minutes remaining. cerns that deserve careful scrutiny to East. Mr. UPTON. Mr. Chair, I yield 1 be sure that the route does not ad- Last winter, on one particular day, minute to the gentleman from Georgia versely impact local farmland, State the cost of natural gas in New Jersey (Mr. ALLEN). forests, parks, wildlife management was $22.35 for a million BTUs. It was Mr. ALLEN. Mr. Chair, I rise today areas, and wetlands. $1.50 at the same time in Pennsylvania, to speak about the North American En- The significant amount of interest in one State away from me. ergy Security and Infrastructure Act. this proposed pipeline reflects the The solution is this ‘‘energy security With new technology and innova- Commonwealth’s longstanding history corridors’’ portion of the bill. It re- tions, the energy industry is growing of preserving natural habitats and pro- quires and empowers the Secretary of rapidly, and this important legislation tecting open spaces for the public ben- the Interior to designate 10 natural gas works to maximize America’s energy efit, and we have invested enormous corridors across Federal lands. potential. public resources toward these goals. Now, I just heard that it is across na- The United States leads the world in This is also true of the investments tional parks. Nothing could be further energy production, but, sadly, due to that American taxpayers have made in from the truth. The Federal Govern- Washington’s bureaucratic red tape, our national parks. ment owns much land that is not park projects like updating our pipelines By expediting approval of natural gas land, and this would allow the Sec- and electric grid have fallen way be- pipelines, H.R. 8 would directly erode retary of the Interior to designate cor- hind. the National Park Service’s ability to ridors so we can properly plan our en- This legislation will modernize our meet its core mission of preserving and ergy needs. energy infrastructure, protect our elec- protecting our Nation’s natural, cul- It does a few things for us. It lowers tricity system, strengthen energy secu- tural, and historic resources, energy costs. It protects the most vul- rity and diplomacy, and improve en- unimpaired for the use and enjoyment nerable of our citizens. It would require ergy efficiency. of future generations. thoughtful planning of where to put Bolstering our energy security and I offered an amendment with my col- pipelines. It would be subject to a full making our infrastructure more resil- league from Virginia (Mr. BEYER) to re- environmental review under NEPA. ient will, in turn, strengthen our na- move this section from the bill. How- It would create jobs. The President of tional security and our economy. I sup- ever, the majority blocked this simple the North American Building Trades port this important legislation because amendment from coming to the floor Union testified at our hearing that it it is the next step in becoming energy- and receiving an up-or-down vote. would not only create jobs in building independent. Now is the time to dra- Our national parks belong to all these corridors, but it would create matically increase our investment in Americans and have been famously jobs because of lower energy costs. homegrown American energy. called ‘‘America’s best idea.’’ National Lastly, it would increase our security When I came to Congress, my top pri- parks protect, celebrate, and give ac- because energy security and national ority was growing the economy and cess to the many places that have security are inextricably linked. creating jobs. Mr. Chairman, this bill shaped and defined who we are as a Mr. Chairman, I am proud to have will do exactly that. It makes no sense people and a country. this portion of the bill included, the to place restrictions on the abundance Members should have been given the ‘‘national energy security corridors’’ of energy potential in America. The opportunity to vote on whether or not portion. I urge my colleagues to sup- United States is an energy superpower, we should protect our national parks port this entire bill and move our en- and it is time to step up and lead. from natural gas pipelines. ergy policy into the 21st century. Mr. PALLONE. Mr. Chairman, I yield I urge my colleagues to oppose this Mr. PALLONE. Mr. Chairman, I yield 3 minutes to the gentlewoman from legislation. 3 minutes to the gentleman from Vir- Massachusetts (Ms. TSONGAS). Mr. BILIRAKIS. Mr. Chair, I yield 3 ginia (Mr. BEYER). Ms. TSONGAS. Mr. Chair, I rise in minutes to the gentleman from New Mr. BEYER. Mr. Chairman, I was dis- strong opposition to this legislation Jersey (Mr. MACARTHUR). appointed to see the Rules Committee and, in particular, a section of the bill Mr. MACARTHUR. Mr. Chair, the decided to add H.R. 2295, the National that would create an opening to cause North American Energy Security and Energy Security Corridors Act, to H.R. irreparable damage to our national Infrastructure Act does some impor- 8. parks. tant things to move us into the 21st There is no doubt that getting nat- H.R. 8 would establish national en- century with our energy policy. It ad- ural gas to where it is needed and to ergy security corridors to short circuit vances modernization, reliability, secu- lowering electric and heating bills are

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00196 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.074 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8845 worthy accomplishments, but we markets to prop up old and uneco- Ms. ESHOO. Mr. Speaker, let me begin by shouldn’t accomplish these by steam- nomical coal and nuclear plants that saying I’m pleased that this bill includes sev- rolling the concerns of residents who are losing out in the market to cost-ef- eral measures I have championed, including would see new pipelines built in their fective natural gas and renewables. bills I’ve offered relating to energy efficiency backyards. b 1830 and electric vehicles. However, I have to op- Right now, there are multiple pro- pose this legislation because H.R. 8 fails to posals to run natural gas pipelines It also has provisions to help gas address climate change. In fact, the bill in- from West Virginia through the Com- pipeline companies and hydroelectric cludes several controversial provisions that monwealth of Virginia to the eastern licenses that will roll over environ- shift our nation’s energy policy into reverse. mental laws—like the Clean Water Act, seaboard. There is the Atlantic coast I’m very grateful to Chairman UPTON and the Endangered Species Act, the pipeline, the Mountain Valley pipeline, Subcommittee Chairman WHITFIELD for includ- NEPA—and undermine the rights of and more being considered. ing my legislation, the Energy Efficient Gov- Understandably, people who live consumers, tribes, and States. Of course, the version that will be on ernment Technology Act, in the base text of along the proposed route of these pipe- H.R. 8. This bipartisan, noncontroversial bill lines are concerned. Once a pipeline the floor will have a couple of bad addi- tions from the Committee on Natural which I introduced with Rep. KINZINGER, re- route is approved by FERC, land can be ceived 375 votes on the House floor last year. taken by eminent domain. The compa- Resources, including the MacArthur ‘‘pipeline through parks’’ legislation This measure would save taxpayers millions of nies involved, of course, want to draw dollars and would make the federal govern- the straightest, cheapest route they that would make it easy to run pipe- lines through Yellowstone, Yosemite, ment a leader in reducing energy use at data can. The communities in the way of centers which can be highly inefficient. these routes face huge impacts, envi- and every other national park. Mr. Chairman, this is a terrible bill I also appreciate that two amendments I of- ronmentally and financially. They de- that demonstrates that the Republican fered at the Energy and Commerce Com- serve a say. Party is solely focused on the energy mittee markup of this bill were agreed to by Unfortunately, the legislation pro- policies of the past and is committed to voice vote and are included in the Manager’s vides absolutely no method for the pub- throwing up barriers to the develop- Amendment. The first would allow federal lic to have their voice heard when it ment of a clean and sustainable energy agencies to offer electric vehicle charging sta- comes to the location of these cor- future. tions to guests and employees, a practice that ridors. It completely waives the Nat- Every Democrat should join us and is not currently allowed. The second would ural Environmental Policy Act for the the Obama administration in opposing add transparency requirements to ensure that corridor designation, shutting out the the bill’s passage. only critical infrastructure information is pro- community’s opportunity for public Mr. Chairman, I yield back the bal- tected from FOIA requests, and that this des- input. ance of my time. ignation is periodically reviewed to ensure this Local governments are only allowed Mr. BILIRAKIS. Mr. Chairman, I authority is not abused. These provisions are to speak to the extent that they can yield myself the balance of my time. incremental but important steps toward pro- help identify the most commercially My Committee on Energy and Com- moting innovation and deployment of clean viable, cost-effective acreage. Indi- merce colleagues and I worked to cre- and energy-saving technologies. vidual resident concerns or environ- ate this broad energy bill and mod- Unfortunately, the same cannot be said mental factors don’t even come into ernize our policies. about the rest of H.R. 8. With historic inter- play. A generation ago, policymakers were national climate negotiations currently under- This is not a productive way forward. concerned with managing a scarcity of way in Paris, this so-called ‘‘comprehensive’’ This doesn’t simplify getting natural energy resources, but times have energy bill does not include a single reference gas to the people who need it. This is a changed. We are in the middle of a re- to climate change or promotion of renewable way that will lead to more opposition, surgence of American energy manufac- resources. This represents the squandering of more lawsuits, and an atmosphere of turing. We should manage our surplus an opportunity to put in place a 21st century distrust and resentment of energy resources with clear, energy policy for our country that promotes I have another concern. H.R. 8 now straightforward policies that maximize clean energy and reduces our dependence on contains a provision which will allow our energy potential. the fossil fuel resources that cause climate pipelines to be permitted across na- This bill is a necessary legislative change. tional parks without congressional ap- step to ensure our energy infrastruc- H.R. 8 includes several controversial provi- proval. This is contrary to long- ture is robust and continues to create standing U.S. law. Every time we put a sions that my colleagues and I opposed at jobs in the years to come. Modern en- Committee and that are also opposed by the pipeline across a park, Congress has ergy challenges demand modern energy been involved. Administration. For example, the bill contains policies. We must cut outdated red tape unnecessary provisions to short-circuit the re- My many friends in the Appalachian and ensure the energy markets remain Trail community and the national view process for exports of liquefied natural nimble and secure. gas (LNG). The current process, which re- parks conservation community are With H.R. 8, America can continue to quires the Department of Energy to ensure deeply worried about Congress abro- take advantage of recent technology that all exports are in the public interest of the gating its responsibility to approve advancements and encourage a growing United States, is working and already has us such pipeline crossings. market that yields jobs at home and on track to be the largest LNG exporter in the We can’t ignore the people and the more influence abroad. The world world within a decade. H.R. 8 also includes parks that will be impacted by this doesn’t want to deal with unstable ex- provisions that would require a short-sighted bill. I encourage my colleagues to op- porters, such as Russia or Iran, if they view of energy efficiency investments in build- pose H.R. 8. don’t have to. We should be the secure ing codes, and it would repeal the requirement Mr. BILIRAKIS. I reserve the balance and reliable trading partner that they that all new and remodeled federal buildings of my time. can trust and they do trust. Mr. PALLONE. Mr. Chairman, I yield H.R. 8 strengthens international phase out fossil fuel use by 2030. Lastly, the myself such time as I may consume. partnerships and reforms processes for Manager’s Amendment includes a highly con- This energy bill does nothing for energy exports that will pay important troversial bill from the Natural Resources solar, wind, or any other clean energy dividends for generations to come. Committee that would limit public review and technology. It does nothing for energy I would like to thank my colleagues direct more natural gas pipelines to be built on infrastructure either since all funding on the committee, especially Chairman public lands, including National Parks. in the bill was stripped by the GOP. UPTON, for their work on this very im- Again, I appreciate the Chairman’s willing- The bill contains an energy effi- portant bill. ness to accept my bipartisan additions to this ciency title that actually results in This bill will keep energy affordable bill, but I cannot support this legislation and I more energy consumption. and ensure reliable electricity for con- urge my colleagues to oppose it. The bill contains provisions that will sumers and families across the nation. The CHAIR. All time for debate has drive up electricity prices in the North- Mr. Chairman, I yield back the bal- expired. east and mid-Atlantic by rigging the ance of my time. Under the rule, the Committee rises.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00197 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.075 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8846 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Accordingly, the Committee rose; ments use monetary policy to devalue Our workers are already competing and the Speaker pro tempore (Mr. MAC- their currency, which makes their ex- with foreign companies that pay their ARTHUR) having assumed the chair, Mr. ports cheaper and foreign imports more employees a fraction of what U.S. JENKINS of West Virginia, Chair of the expensive. workers make. We should do whatever Committee of the Whole House on the The good news is that we have the we can to help make it less difficult for state of the Union, reported that that most talented workers and the most in- U.S. companies to compete globally. Committee, having had under consider- novative companies in the world, and Adding this currency manipulation ation the bill (H.R. 8) to modernize en- we can compete and win despite these language to the bill before us today ergy infrastructure, build a 21st cen- challenges. will give us the best chance to do that. tury energy and manufacturing work- For example, right in my district in Please join me in supporting my mo- force, bolster America’s energy secu- New Hampshire, I visited dozens of new tion in support of American manufac- rity and diplomacy, and promote en- manufacturing companies that are har- turers. ergy efficiency and government ac- nessing cutting-edge technologies, like Mr. Speaker, I reserve the balance of countability, and for other purposes, precision manufacturing and my time. had come to no resolution thereon. healthcare technology, to revitalize GENERAL LEAVE the industry and create modern, 21st Mr. BRADY of Texas. Mr. Speaker, I f century jobs for our workers. We must ask unanimous consent that all Mem- MOTION TO INSTRUCT CONFEREES support these American manufacturers bers may have 5 legislative days within ON H.R. 644, TRADE FACILITA- by cracking down on unfair advantages which to revise and extend their re- TION AND TRADE ENFORCEMENT overseas that hinder their success. marks and include extraneous material ACT OF 2015 This motion will help to level the on the Motion to Instruct Conferees on playing field for manufacturers in New Ms. KUSTER. Mr. Speaker, I have a H.R. 644. Hampshire and across the country by motion at the desk. The SPEAKER pro tempore. Is there directing the Department of Commerce The SPEAKER pro tempore (Mr. JEN- objection to the request of the gen- to slap duties on goods that have un- KINS of West Virginia). The Clerk will tleman from Texas? fairly benefited from undervalued cur- There was no objection. report the motion. rency. This is the only provision in ei- Mr. BRADY of Texas. Mr. Speaker, I The Clerk read as follows: ther customs bill that will effectively yield myself such time as I may con- Ms. Kuster moves that the managers on deter currency manipulation by our sume. the part of the House at the conference on trading partners. I rise in opposition to the motion to the disagreeing votes of the two Houses on Working to address currency devalu- the House amendment to the Senate amend- instruct conferees. ment to the bill, H.R. 644 be instructed to ation has long enjoyed bipartisan sup- There is no question currency manip- agree to the provisions contained in subtitle port. In 2010, the House overwhelm- ulation is a real problem, and I and A of title VII of the Senate amendment re- ingly passed legislation restricting cur- many other Republicans are committed lating to currency manipulation. rency manipulation by a vote of 348–79. to fighting it. The bill that we are The SPEAKER pro tempore. Pursu- Earlier this year, the Senate version of going to conference on includes strong ant to clause 2 of rule XXII, the gentle- this legislation passed 78–20, in large currency provisions, thanks to the woman from New Hampshire (Ms. part because of the critical language hard work of Representative MILLER KUSTER) and the gentleman from Texas restricting currency manipulation. and members of the Michigan delega- However, the version of this legisla- (Mr. BRADY) each will control 30 min- tion. utes. tion passed by the House does not in- In addition, earlier this year, we The Chair recognizes the gentle- clude the bipartisan provision that so passed a trade promotion authority woman from New Hampshire. many agree is crucial for limiting the legislation that, for the very first time, Ms. KUSTER. I yield myself such ability of U.S. workers and businesses raised fighting manipulation to a pri- time as I may consume. to compete more fairly with foreign mary negotiating objective and pro- companies and workers. Mr. Speaker, I rise today in support vides the administration more tools to I strongly support fair and open trade of my motion that will instruct con- tackle the practice. that will spur job creation back here in However, if the United States begins ferees to include in the conference re- the United States. When 95 percent of unilaterally levying tariffs, our trading port language to combat currency ma- global consumers exist outside the partners will no doubt do the same, nipulation from the Senate-passed United States, we have to find new leading to a very dangerous cycle. This version of H.R. 644. markets for our manufacturers and would undermine the very purpose of Currency manipulation by foreign other producers to grow and create trade agreements: to break down bar- governments is one of the greatest more jobs here at home. riers and to open economic freedom. challenges we face to creating the type But when U.S. manufacturers are al- More importantly, this would hurt of free and fair trade that will benefit ready disadvantaged by foreign prod- American competitiveness and hurt all Americans from top to bottom and ucts that are subsidized by their home our jobs. help us create more jobs right here at currency, it is difficult for them to I am also concerned that pursuing a home. compete both at home and abroad. unilateral approach could cause the I, like so many others, am highly fo- And the impacts of this unfair ma- United States to be a target for retalia- cused on helping our domestic manu- nipulation are real. The Peterson Insti- tion by countries like China, harming facturers grow and create good, strong, tute estimates that, over the past dec- our businesses and their employees, middle class jobs. Since taking office, I ade, at least 1 million and as many as and risk putting the United States in have made supporting job creation and 5 million jobs have been lost due to violation of international obligations economic opportunity my number one currency manipulation. and out of WTO compliance. priority, and our State’s manufactur- Additionally, an analysis by the Eco- And the administration agrees. ers play an integral role in that con- nomic Policy Institute estimates that versation. by eliminating currency manipulation b 1845 Unfortunately, U.S. manufacturers we can reduce our trade deficit by as Earlier this year, Secretary Lew sent already face so many challenges that much as $500 billion, leading to a sub- a letter to Congress stating that the make it more difficult to compete with stantial increase in GDP growth and administration would oppose legisla- foreign companies. From the lower cost helping our American economy thrive. tion that would use the countervailing of labor to limited environmental pro- Specifically, New Hampshire could duty process to address currency tections, our manufacturers must com- expect to see roughly 13,000 new jobs as undervaluation because it would raise pete with foreign policies that lead to a result of an effective policy against questions about consistency with our an uneven playing field. currency manipulation. international obligations and that it Unfair currency manipulation makes The status quo is simply not good would be counterproductive to our on- that competition even more difficult. enough for U.S. workers, and that is going bilateral and multilateral en- Currency manipulation is when govern- why I am offering this motion today. gagement as well as to our efforts to

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00198 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.077 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8847 promote greater accountability on cur- tainly the greatest environmental though it has had responsibility to en- rency policies in the context of the threat of our time. We can see the ef- force environmental and labor guaran- Trans-Pacific Partnership. fects all around us when we are not tees, it has not brought successful ac- Mr. Speaker, the United States has a surrounded by climate change deniers, tions to accomplish either. unique responsibility as a world re- of which there are many in this House And specifically with regard to the serve currency. This type of measure who refuse to accept science and prefer environment, in addition to the cli- puts our standing at risk. mythology and ideology to science. mate change provisions, one of the Mr. Speaker, I reserve the balance of Hence, this provision in a bill in a most troubling developments as far as my time. trade negotiation that began consid- both climate and the environment is Ms. KUSTER. Mr. Speaker, I yield 4 ering ways to address climate change the question of logging in the Amazon minutes to the gentleman from Texas now has a prohibition against doing it. region and other sensitive areas. USTR (Mr. DOGGETT). A second problem—I am all for trade. was charged with seeking audits of Mr. DOGGETT. Mr. Speaker, this I voted for trade or supported trade that logging and seeing that we acted motion is the next step in fast-track with most of the countries that are in under agreements that were approved consideration of Asian trade agree- the Trans-Pacific Partnership. One of during the Bush administration. It has ments and perhaps other trade agree- those countries, however, believes in failed to do so. ments. turning a blind eye to trading women, So, for one reason after another, The fast-trackers know that the only trading children, trading indentured going to conference is a mistake. I ap- way they can sell this agreement to workers, and that country is Malaysia. plaud the motion. I hope it is adopted, the American people is to rely on Until the last couple of months, Ma- but it is tragic that we are moving in stealth as much as possible to hide the laysia was in a category with North this direction. agreement, as they have, for as long as Korea and a handful of other countries Mr. BRADY of Texas. Mr. Speaker, I possible; and then, even at the present as a country that was doing the least yield myself such time as I may con- time, not to give full information and had the worst record when it sume. about all aspects of this agreement, comes to human trafficking. So the People often ask: How do you end the such as the alleged $18,000 tax cuts United States Senate approved a provi- gridlock in Washington? The answer is being provided foreigners, without in- sion to address that concern with Ma- found in the Constitution. The House dicating what tax cuts are available for laysia. And when that provision was in of Representatives passes its best idea Americans or what the effect of these the Ways and Means Committee in on how to solve a problem, the Senate tax cuts might be. And now, today, markup, I specifically asked then- does the same, and then you go to a under this new, more inclusive House Chairman RYAN to ensure that we had conference committee to try to find that we have heard so much about with any human trafficking amendment lan- common ground and to try to find solu- the new Speaker, we are provided less guage from the Senate committee in tions that advance the principles of than an hour’s notice for the fast- this customs bill or in his TPP bill. both parties to try to solve big prob- trackers to strike again. The SPEAKER pro tempore. The lems. In moving to go to conference on a time of the gentleman has expired. The motion we passed earlier tonight bill to attempt to fix a defective fast- Ms. KUSTER. Mr. Speaker, I yield was to start that open and transparent track proposal, they have done so the gentleman an additional 2 minutes. process of going to a conference com- under a procedure that cut off all de- Mr. DOGGETT. He told me in the mittee and having representatives of bate. We were not permitted to say a course of that hearing that he would the House and Senate, Republicans and word about the customs bill as a whole, oppose truly conforming the House bill Democrats, come together to try to and the only way that we are able to with the Senate bill because ‘‘it would work out these issues. The underlying comment about what is happening here make it more difficult to negotiate bill passed the House and the Senate at all is thanks to the gentlewoman TPP,’’ this Asian trade agreement. earlier this summer. There have been a from New Hampshire who has offered a So we put the desire for trade over lot of, I think, very healthy discussions nonbinding motion about one of the our principles. I think it is possible to between both Chambers and both par- many questionable provisions in this have more trade and support a 21st cen- ties in how we find common ground. customs bill. It is a very important tury trade policy without sacrificing So this motion is to instruct those provision concerning currency manipu- our values as Americans. conferees; but in truth, what we are lation that allows some foreign trading What has happened in the meantime seeking is that open, transparent, I partners to use their currencies and ad- is a reclassification of Malaysia, all de- think, constitutional process where we just them to get what they cannot do signed to get the trade there without listen to the ideas of, for example, the through normal trade procedures and getting Malaysia to do what it should gentleman from Michigan (Mr. LEVIN), greatly disadvantage American manu- about human trafficking, which I think a member of the Ways and Means Com- facturers and hurt American jobs. is really tragic. mittee whom I respect, where we listen I applaud the gentlewoman’s consid- Then there is the third issue ad- to the ideas of Senate Republicans and eration and offering of that amend- dressed in this customs bill, and that is Democrats and we, again, try to find ment. Even though it will not bind the the question of enforcement. Of course, common ground on a couple of things: conference committee, it is a way for when it comes to protection of the en- one, how do we streamline the time the House to speak out about that vironment, when it comes to standards and the cost and efficiency of America issue. so that we are not in a race to the bot- trading its goods as we work to sell But this is not the only flaw that ex- tom with our American workers versus America throughout the world, work- ists in the customs bill. Indeed, the foreign workers, say in Vietnam work- ing through issues that were raised in first provision included in this customs ing for 60 cents an hour, this United trade promotion authority by both par- bill as passed by the House—ironically, States Trade Representative’s office ties. brought up today, as countries with has been asleep at the wheel. That is These are legitimate, sincere issues. good will are struggling with the issue the name of a great Texas swing band, We have got an opportunity at con- of how we address climate change in but it is not a very good policy when it ference to discuss them. Then, hope- Paris—instructs that no trade agree- comes to enforcing the law. Unfortu- fully, we will find common ground and ments can obligate the United States nately, these enforcement provisions bring that solution back to the House with respect to global warming or cli- which are part of this customs bill and to the Senate for final approval. mate change. leave it to USTR to proceed as it has in This is simply what we are trying to So the bill that is being sent to con- the past. do. ference, as approved in the House, is I think, instead of going to con- Again, this motion to instruct goes designed to prevent our acting con- ference, what we should be doing is after an issue we all agree on: currency cerning climate change, which is the going back to the drawing board in the manipulation. The key is to do it the great threat—perhaps one of the major committee, looking at the enforcement right way so that it doesn’t boomerang national security threats, and cer- provisions, and asking why it is that, on America but actually gets to this

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00199 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.079 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8848 CONGRESSIONAL RECORD — HOUSE December 1, 2015 issue. We are going to have this discus- and we face the language in the House Don’t take my word for it. Listen to sion in the conference committee. that eliminates any meaningful oppor- the Peterson Institute. Listen to what Mr. Speaker, I reserve the balance of tunity in trade agreements to address they have to say, no left-leaning orga- my time. climate change. nization. It says that, as a result of Ms. KUSTER. Mr. Speaker, I yield 5 It may take me a little longer. I may currency manipulation, the United minutes to the gentleman from Michi- have to ask for a minute, but I want to States has lost up to 5 million jobs. gan (Mr. LEVIN). say something about our previous ac- Why would we go down this road Mr. LEVIN. I thank the gentlewoman tion. again? Why wouldn’t we make cur- for yielding, and congratulations on We put in May 10 provisions relating rency manipulation prohibitive, in- your motion to instruct. to Peru and the Amazon. Why? In part, stead of using language that is not First, let me just say, in terms of because it was displacing people who even in the bill, but in a forum that process, I do think it is important that, were living there, but also because the they have put together around the TPP before there is a motion to go to con- Amazon conditions affect the climate that says that countries should refrain ference, there be some notification to throughout the Americas. from currency manipulation, they the minority; because there have been The SPEAKER pro tempore. The discussions underway about the cus- should avoid currency manipulation? time of the gentleman has expired. Avoid? Refrain? What kind of tough toms bill for a long time, and no one on Ms. KUSTER. I yield an additional 2 our side, including our leadership, was enforcement language is that? It is not. minutes to the gentleman from Michi- given any notice of the motion to go to What do countries do when they ma- conference today. I think that is a mis- gan. nipulate their currency? They drop the Mr. LEVIN. And if this language take, and I hope it won’t be repeated. I cost of their currency. Their goods be- say that in good faith and with some were in place when we did May 10, we come cheaper. Our goods are more ex- good cheer. It is a bad precedent, and I would not have been able to have that pensive. We don’t sell them abroad. hope it won’t be followed. provision that is part of American law You know what happened in Mexico Let me just say a word about cur- proudly. So we are headed in the wrong with NAFTA. They talked about all rency. We have been working on this direction. the beautiful provisions, all the tariffs for years. We passed several bills Let me just say a last word about dropping, et cetera. When they de- through this House directly relating to human trafficking. The State Depart- valued the peso, it was all gone. currency, and it never became law. In- ment reports on human trafficking in This is without strong, tough—and it stead, there has been interminable talk Malaysia are very clear. The ink could won’t be strong and tough because of about doing something. So, finally, not be darker. That is that there has the Senate language. But this is a good there was placed in the Senate bill the been massive human trafficking and, faith effort to deal with currency. proposal of CHUCK SCHUMER. We have essentially, what the House language But, in fact, the lack of currency en- an almost similar bill in the House. did was to weaken the proposal of Sen- forcement here is going to cause What is happening here is, I think, that ator MENENDEZ. ruination in terms of American jobs the House bill is going to eliminate the Then the State Department, I think, and it is going to lower their wages. Schumer amendment. essentially did not face up to the reali- And already Malaysia has devalued its So for all the talk on currency, we ties within their own reports and currency, as has Vietnam. are essentially going to be back to moved Malaysia from tier 3 to tier 2 so This agreement bans the United where we were and have been for years. that they could continue to be part of States from making commitments on There are no teeth in the amendment the negotiations. climate change in trade agreements. that was proposed by my colleague I don’t see how people can look in the My colleagues have spoken about this, from Michigan (Mrs. MILLER). There mirror and not say to themselves that provisions that are necessary to ensure are no teeth in it. It is kind of all we have to take into account human that our trade policy does not negate gums. The same is true of the other trafficking. our climate goals. language in the Senate bill on cur- So I finish with this. There are some You have got—what is it?—I don’t rency, with all due respect. It just positive provisions within the Customs know—200 countries assembled in Paris doesn’t face up to the issue. bill, but there are also these very dif- to look at how we bring some sanity to We have proposed some ideas to try ficult and I think, in some respects, climate control and what we do. We to add strength to what has been a dangerous, in the case of currency, have the President there. These efforts weak structure, and essentially what worse-than-innocuous provisions be- are more important now than ever, and happens now is, instead of further dis- cause, in currency, it retreats from the we will be able to do nothing about cussions, we are going to conference. I little step of meaning that we were dealing with the issue of climate. think it is now preordained that the going to take. This is a massive step backward for Schumer amendment will be elimi- So I congratulate the gentlewoman the already weak environmental obli- nated. It will be left with essentially who is such a noble warrior on so many gation in our trade agreements. This empty language in terms of real issues for bringing up this motion to bill contains no funding support for the strength to it. instruct, and I urge strong support. enforcement and monitoring of our So I congratulate my very distin- Mr. BRADY of Texas. Mr. Speaker, I trade agreements. Lack of enforcement guished colleague from New Hampshire reserve the balance of my time. has plagued our trade deals for decades. for not only bringing this up, but for Ms. KUSTER. Mr. Speaker, I yield 4 Despite environmental rules in the your eloquence. We lost millions of minutes to the gentlewoman from Con- U.S.-Peru free trade agreement, the jobs because of currency manipulation necticut (Ms. DELAURO). overwhelming majority of timber from by Japan in the nineties and by China Ms. DELAURO. Mr. Speaker, Cus- Peru is illegally logged. Despite the thereafter. The estimate is 2, 3, 4 mil- toms bills in the past have been posi- labor rules in the Colombia free trade lion jobs. What more does this institu- tive. They have been useful in trade en- agreement, over 118 Colombian trade tion want? forcement packages. unionists have been murdered. Let me just say a couple of words However, the majority in this body The SPEAKER pro tempore (Mr. about two other provisions. The House bill essentially added lan- has baked into this legislation harmful BABIN). The time of the gentlewoman guage to TPA that said that there provisions that make the fast-track has expired. must be assurance that trade agree- law even worse. Ms. KUSTER. Mr. Speaker, I yield 2 ments do not require changes to U.S. It fails to protect Dodd-Frank and fi- minutes to the gentlewoman from Con- law or obligate the United States with nancial regulations, consumer safe- necticut. respect to global warming or climate guards. It stops our trade agreements Ms. DELAURO. Within the last week, change. from doing anything to address immi- Vietnam, one of the partners in this gration. It strips out provisions tack- agreement, arrested labor activists. 118 b 1900 ling currency manipulation, an abuse Colombian trade unionists were mur- So here we are going to conference that is costing millions of Americans dered. Vietnam will not allow orga- one of the days of the Paris conference, their jobs. nized labor, and in the agreement they

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00200 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.080 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8849 get a free pass for 5 years while our real serious concerns not just from Re- Mr. LAMALFA. Mr. Speaker, re- jobs are just being drained away. publicans, but from the White House on cently, President Obama declared cli- Now the Congress is reviewing the insisting on this one solution. mate change to be the number one ad- TPP, the largest free trade agreement I think our country is better served versary of the United States. of its kind in history. It does include and those who want to stop currency He has proposed wide-ranging regula- countries like Vietnam and Malaysia, manipulation are better served by tions to fight this supposed enemy, reg- where labor and human rights abuses bringing our best ideas together in this ulations that not only drastically in- are rampant. conference committee. crease the scope of government but My colleagues have talked about Ma- That is what I am determined to do. could only irreparably damage our laysia and trafficking and forced labor. That is what the American public economy. Today, we voted to reject Where are the values of this Nation wants us to do, an open, transparent, those policies. when we can take Malaysia that traf- regular process that brings about the While he concentrates on crony cap- fics in young girls and say that they very best solution for America. italism disguised as feel-good policies, have gotten better and they go from a That is why I urge a ‘‘no’’ vote on our true enemy has grown in strength tier 3 country to a tier 2 country just this motion to instruct. and struck one of our oldest allies. We so that they can be part of this agree- Mr. Speaker, I yield back the balance know this enemy: a radical form of ment? of my time. Islam that has sworn to destroy West- Where are the values of the United Ms. KUSTER. Mr. Speaker, I yield ern civilization, that abuses and en- States of America? They are not myself such time as I may consume. slaves women, that seeks victory present here. We can’t afford more free I want to say to my colleague, the through suicide attacks and terrorizing trade agreements without adequate en- gentleman from Texas, I think that we civilians. From manufacturing fake data to fit forcement. do agree to part of this about the dan- computer temperature models, to ma- Worst of all, this bill weakens protec- ger of currency manipulation and the nipulated actual temperatures being tion in so many areas. We are dealing, millions of jobs that are lost here in rounded up to fit the narrative, and the as I said, in trafficking. It is modern our country. resistance by government entities to slavery. That is what that is all about. That is why I rise this evening to reveal their methodology and internal Democrats have been clamoring for offer this motion to instruct the con- biases show that, indeed, the debate on years and years for our government to ferees to include in the conference re- include enforceable labor standards and climate change is far from settled. port language to combat currency ma- Mr. Speaker, it is time for the Presi- enforceable environmental provisions, nipulation from the Senate-passed dent to wake up, recognize that no na- and it has fallen on deaf ears. version of this bill. tion should willingly choose to damage This motion to instruct—and I say to I also want to associate myself with its own economy, as he proposes. It is my colleague thank you for doing the comments of my colleagues be- time he recognized the United States’ this—should pass. It will pass tonight cause these are bipartisan issues. I responsibility to the free world and end or tomorrow, but it really should not have worked with my colleagues across the self-destructive cycle that his poli- go to conference. There are so many the aisle on human trafficking, and I cies would initiate. flaws in the underlying bill and in the know that my colleagues share my val- f Trans-Pacific Partnership agreement ues and are appalled at the egregious as well, and this should not go to con- efforts that have gone down in Malay- RADICAL ISLAMIC TERROR ference. sia to traffic in young girls. The SPEAKER pro tempore. Under In fact, put a gloss on a piece of legis- These are not American values that the Speaker’s announced policy of Jan- lation that is one of the worst pieces of are being expressed at this historic mo- uary 6, 2015, the gentleman from Texas legislation that has hit this floor of the ment, as countries across the world (Mr. GOHMERT) is recognized for 60 min- United States House of Representa- gather in Paris to protect our society, utes as the designee of the majority tives. our whole humankind, from the rav- leader. Mr. BRADY of Texas. Mr. Speaker, I ages of climate change. Mr. GOHMERT. Mr. Speaker, just to yield myself such time as I may con- So, Mr. Speaker, I rise this evening follow up on the eloquent 1-minute sume, and I am prepared to close if the to support my motion. I will be asking speech by my friend, DOUG LAMALFA, gentlewoman from New Hampshire is for a recorded vote. that it is extraordinary to think that prepared to do so as well. I yield back the balance of my time. the President of the United States— The value of a country’s currency is The SPEAKER pro tempore. All time some say he is the leader of the free a complex issue. It is determined by a for debate has expired. world—would actually say publicly number of factors: how much a country Without objection, the previous ques- and, even worse, at a conference of saves, how much it invests, the tion is ordered on the motion to in- world leaders that, in effect, the worst strength of its economy, its trade flows struct. blow we could hit ISIS with is for the in and out. It is a complex issue. There was no objection. leaders to come together on climate Where Republicans and Democrats The SPEAKER pro tempore. The change? and the White House find common question is on the motion to instruct. It is hard to believe the leader of the ground is the desire that countries The question was taken; and the free world would make such a state- don’t manipulate their currency in Speaker pro tempore announced that ment. Maybe it was just something order to give themselves an unfair the noes appeared to have it. that was given to him to read and he trade advantage. Ms. KUSTER. Mr. Speaker, on that I read, maybe it was in a teleprompter, The difference is how best to go demand the yeas and nays. or maybe he didn’t have time to think about it. And because it is a complex The yeas and nays were ordered. about what he was saying. Because I issue, there are some very good ideas The SPEAKER pro tempore. Pursu- have talked to too many people in all on all parties’ sides on how best to do ant to clause 8 of rule XX, further pro- parts of the world who have dealt di- that. ceedings on this question will be post- rectly with radical Islamist terrorists, This motion essentially says to for- poned. and they make clear that radical get those discussions and don’t have Islamist terrorists know nothing and Republicans and Democrats from the f respect nothing but power. Incredible. House and Senate work together b 1915 Just incredible. through this complex issue and find a Growing up, it would have been akin common solution. This motion simply CLIMATE CHANGE DEBATE NOT to bullies beating up and taking from says to forget all that. There is only SETTLED smaller students on the playground one solution, and we insist upon it. End (Mr. LAMALFA asked and was given and the teacher gathering all the stu- the discussion. permission to address the House for 1 dents and other teachers together and I don’t think that is the right way to minute and to revise and extend his re- saying, ‘‘I am going to teach the bul- go about it. I think, frankly, there are marks.) lies a lesson by just ignoring them and

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00201 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.081 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8850 CONGRESSIONAL RECORD — HOUSE December 1, 2015 reading you a lovely story from our li- ‘‘Swasey was married with two chil- He is in Paris, France, where they brary.’’ Who wouldn’t understand that dren and a co-pastor at Hope Chapel, have just buried one of the 130 people, the next day the bullies would be beat- where he was remembered Sunday by mostly from mass shootings. I mean, ing people up again and robbing again? parishioners who watched a video of they probably just finished the funeral It is incredible. him ice skating. services for the victims of the Islamic Such insanity followed a terrible ‘‘ ‘We are learning that eyewitnesses terrorists, and the President says in event, a shooting in Colorado Springs. confirm that the man who will be front of the world so insensitively that As a judge, a former judge, a former charged with the tragic and senseless these shootings, like the three people prosecutor, the man that did this needs shooting that resulted in the deaths of in Colorado Springs, never happens in to be punished. It is wrong, and no one three people and injuries to nine others any other countries, as he is standing should use any excuse to go in and at Planned Parenthood’s health center in a country where it just had 130 peo- shoot other people, whether it is an Is- in Colorado Springs was motivated by ple killed, mainly in mass shootings. lamic terrorist or whether it is a de- opposition to safe and legal abortion,’ In fact, the article says that ‘‘the ranged, mentally unstable person Planned Parenthood Rocky Mountain majority of the 130 deaths were in mass thinking they have some kind of score CEO Vicki Cowart said.’’ shooting attacks, where the ISIS-affili- to even with people they don’t even Well, that is from Vicki Cowart. That ated terrorists attacked public places know, shooting people about whom does not appear to be official. And it with automatic rifles. Nearly one hun- they know nothing. always seems if it works better—for ex- dred people alone were killed in just This story from November 30, Fox ample, I would hope that the President one mass shooting at the Bataclan News, about the three people killed in has learned by now that he shouldn’t Theater.’’ Colorado, FoxNews.com: give opinions about shootings until he ‘‘Earlier this year, Paris was also the ‘‘The two civilians killed in Friday’s knows more about them. Don’t con- victim of a terrorist attack targeting shooting at a Colorado Planned Parent- demn a policeman when it turns out the satirical magazine Charlie Hebdo. hood clinic were identified by authori- the policeman was entirely justified The Al Qaeda-affiliated terrorists ties and family members on Sunday. because, by doing so, you help stir up wielded assault rifles, killing 11 inno- ‘‘Jennifer Markovsky, 35, was accom- and divide this Nation that needs to cent people.’’ That was in Paris. panying a friend to the Colorado come together. b 1930 Springs Planned Parenthood clinic So there are so many questions. when she was killed in the shooting When I was a prosecutor, when I was a Now, I do realize this article says the rampage, her father told The Denver judge, I wanted to know motive. I 11 people with Charlie Hebdo, the pub- Post. wanted to know what caused people to lisher of the magazine, that those 11 ‘‘John Ah-King said she grew up in do what they did. people, it says here, were innocent. We know why Islamic terrorists do Hawaii and met her husband, Paul, be- But, obviously, again, a leader of the what they do. They think that that is fore the couple moved to Colorado United States, our Secretary of State, contributing to the caliphate. If they when he was stationed here for the John Kerry, addressed on video for the happen to die, just as Thomas Jefferson military. world to see this issue and basically was told—it was reported that Jeffer- ‘‘Ah-King told the Post from his was saying we can understand why the son asked why the Barbary pirates home in Hawaii that Markovsky was a Charlie Hebdo people were killed. kept attacking American ships when kind-hearted, lovable person with two I mean, for goodness’ sake, those peo- they weren’t a threat to that Muslim children. ple used the idea that they had the area. He was reportedly told, ‘‘We be- ‘‘The second civilian killed was iden- freedom to speak any way they wanted lieve we go to paradise if we are killed tified as Ke’Arre Stewart, 29, Amburh to; and, apparently, radical Islamic ter- while we are fighting infidels like Butler, a lifelong friend and family rorists were insulted, even though the you.’’ President has said repeatedly and John spokeswoman told the Associated So we know what motivates most Is- Kerry has said repeatedly and Hillary Press. lamic terrorists. Either they think Clinton has said repeatedly, and con- ‘‘Butler said that Stewart was ac- they are going to go to paradise—what tinues to say, that these terrorist at- companying someone to the clinic, and a surprise they are going to get—or tacks by radical Islamic terrorists have leaves behind two girls, 11 and 5, who they think they are contributing to nothing to do with Islam. live in Texas. bringing the world under a totalitarian Well, that is a head-scratcher, be- ‘‘Stewart served in the Army’s domination by one theocrat, like the cause if the terrorist attacks on Char- Fourth Infantry Division and was de- Ayatollah Khamenei or al-Baghdadi, lie Hebdo had nothing to do with Islam, ployed to Iraq, where Butler said he who is head of ISIS. would often send her letters describing So, with that tragedy just in our then why did John Kerry think there the horrors he saw on the front lines. rearview mirror, unfortunately, once may have been some justification for ‘‘ ‘He would tell me how terrible it again, the President, in front of a mas- Islamic terrorists to kill these sati- was, how many guys he watched die. It sive group, spoke without thinking rists, these magazine employees, be- was terrible for him,’ Butler told the about what he was saying. cause they said something offensive Associated Press. The Army stationed I don’t know whether it was on a about Islam? If it wasn’t about Islam, Stewart at Fort Carson in Colorado teleprompter again and he just hadn’t then why were the terrorists killing Springs in 2013 before he was dis- thought about what he was reading to these magazine employees because charged from the military the fol- the public, maybe somebody put some- they said something about Islam? That lowing year. ‘He went someplace where thing in front of him, or maybe he was is a head-scratcher. people expect to die, only to come back talking off the cuff and hadn’t really And then when we look at what the . . . and be killed.’ ’’ thought about what he was saying. media is saying about the Colorado She also said, ‘‘He was just a standup But this article from Alex Griswold, Springs shooting and we look at what guy, he would take a bullet for you. He dated today, says, ‘‘While giving a people in the mainstream media, was the most sincere person I’d ever press conference in Paris, President whether it is ‘‘The View’’ or other met.’’ Barack Obama told reporters that the places, talk about, yeah, Hitler was a ‘‘Markovsky and Stewart’s identities mass shootings that plague the United Christian. No, he wasn’t. And, yeah, were confirmed by officials, who said a States just never happen in other coun- McVeigh, was a Christian. Well, I am full identification would be provided tries. ‘With respect to Planned Parent- sure that would be a surprise to him. once autopsies were completed Mon- hood, obviously, my heart goes out to He seemed to brag late in life about day. the families of those impacted,’ Obama being agnostic. Hitler certainly wasn’t ‘‘The third victim was Garrett said in response to a reporter’s ques- a Christian. Swasey, who worked as a police officer tion. ‘I mean, I say this every time So if the President, Hillary Clinton, at the University of Colorado, Colorado we’ve got one of these mass shootings; and John Kerry are right that, gee, we Springs, and was called to assist with this just doesn’t happen in other coun- need to worry as much about Chris- an active shooter at the nearby clinic. tries.’ ’’ tians—actually, our State Department

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00202 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.084 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8851 seems to think, in their reports, that prosecute me. They will destroy my are actually going to be responsible if a we need to worry more about Chris- family. I will never be able to make a Christian goes and does something vio- tians than we do about Islamic terror- living again. I have seen what they do lent? I mean, using their own logic, if ists, even though there is no indication to whistleblowers who just want the they are out there running down Chris- that the Colorado Springs shooter was administration to be honest and follow tians as a threat to violence while say- a Christian. the law. What do you do? Where do you ing you can’t say anything negative I can absolutely assure you, Mr. go? about radical Islam and a Christian has Speaker, no matter what he says his I would submit that the place you go done something wrong, well, if you are religious affiliation is, he certainly was is not to Russia to give away our ut- saying we stir up radical Islamic ter- not a Christian, because he certainly most secrets because that is treason, rorists by talking about them, then was not following the teachings of but it is bound to be mitigating when wouldn’t you be responsible if you—ge- Christ. The Bible makes clear that we an administration makes it so tough to neric indefinite ‘‘you’’—be responsible are known by our fruits, and if he has just come forward and state the truth. for saying bad things about a Christian gone in and killed other people in this We found out that this administra- if a Christian then does something vio- way, illegally, then he is certainly not tion had known about General lent? I am just asking, applying the following the teachings of Christ. He is Petraeus’ affair for most of a year, but President’s own logic or lack thereof. not part of the government. There is no they waited until General Petraeus was There is an article from 4 months ago justification. There has been no trial. in a position to destroy the election by Kyle Becker that said, after the But it does also raise issues about possibilities, reelection possibilities for tragic Charleston shooting that left the effects of the lawlessness of this ad- President Obama, and they flowed out nine Americans dead, President Obama ministration, having had whistle- about the affair they have known said the following: ‘‘But let’s be clear: blowers come to me, law-abiding, about for most of the year, and he is At some point, we as a country will moral, ethical people you want to destroyed. They prosecute him because have to reckon with the fact that this know. We have seen that the Justice apparently, as I understand it, he pro- type of mass violence does not happen Department will go after and destroy vided a calendar to his biographer and in other advanced countries. It doesn’t any honest, moral, ethical whistle- searched as they might for anything happen in other places with this kind blower that may reflect poorly on the that they could hang around his neck of frequency.’’ administration. We have seen reports of being a lawless activity. As I under- 1945 of the acting inspector general at stand it, they found something in his b Homeland Security changing IG re- calendar that could have been said to The President said that 4 months or ports. We get word that in the intel- be classified, so he agreed to plead to so ago, and he says it again now, while ligence community reports have been that. he is in Paris, where 130 people were changed from truth to something that And we find out yesterday there ap- just killed in a mass attack. would not make the administration parently have been 1,000, around 1,000 But this article was written 4 months look bad, reports now coming out Hillary Clinton emails so far that con- ago, and it actually charts it. And it about, and apparently former intel- tain classified information. If Chuck reads, ‘‘Since most statistics on mass ligence leader Flynn talking about Colson gets a year and a half for having shootings in the world compare apples this, how the truth that was coming information he is not supposed to, and oranges by not correcting for popu- from intelligence in 2012 did not match Petraeus’ life, his livelihood, is ruined lation, let’s get a chart that makes up with this administration’s reelec- because they are finally able to find sense, shall we?’’ Between 2009 and 2013, tion campaign so they just changed the something that might have been classi- the author goes through and charts. reports. fied that he pleads guilty to having The loss of even one life should not I mean, what effect does an adminis- turned over to his biographer. How be occurring. As someone who has tration lying and being lawless have on long do you get for doing that a thou- looked a defendant in the eye and has what traditionally has been a majority sand times? I am just asking, Mr. ordered him to be taken and held by law-abiding country? Can it create Speaker. the Texas Department of Criminal Jus- helplessness, a feeling, or a need that But if, let’s say, hypothetically, it tice until he is put to death and has perhaps we need to take the law into were true what President Obama, John signed the order requiring a multiple- our own hands? I would tell anyone Kerry, and Hillary Clinton keep saying, murderer or a kidnapping murderer- that is never justified. You do it that you should not say anything nega- torturer be put to death, I know every through lawful means, through the tive about the terrorists who claim to life matters. Every life matters. Every government. Of course, Thomas Jeffer- be Islamic and who say, Praise be to little baby who is cut up and sold for son might say otherwise. Allah, ‘‘Allahu Akbar,’’ and then they parts matters. But what effect does it have when the kill innocent people, you can’t say any- How about the lawlessness of seeing law of the land, the Federal adminis- thing that that is related to radical the Planned Parenthood videos and not tration governing, ruling over the Islam because that only makes matters only not be offended or finding those country, required by the Constitution worse. Well, if they really believe those grotesque and inhumane but actually to follow the laws that have been things they have been saying, and if it having the Department of Justice passed by Congress and signed by other were even true, and if Homeland Secu- stand ready to be the criminal defense Presidents, this President may not rity is right that we need to worry firm for Planned Parenthood and stand agree with and he just disregards the about evangelical Christians or people by Planned Parenthood in these alleged laws, say, on amnesty, disregards the that belong in the authority of the horribly egregious violations of hu- laws about governing the EPA, so they United States Constitution, then manity? Would that invoke helpless- just make up new regulations, and you shouldn’t the President, Hillary Clin- ness? It shouldn’t invoke anybody to just create 79,000 pages of new regula- ton, and John Kerry, be worried that violence, but could it? tions as if you are a dictator in chief? they are going to stir up another cru- According to this article by Kyle I mean, if, hypothetically, that were sade by besmirching and maligning Becker, between 2009 through 2013— happening, what effect would it have Christianity and Christians as rou- these are rampage shooting fatalities on people who believed in having a law- tinely as they do, saying these Chris- per 1 million people—Norway had 15.3, abiding country when the administra- tian terrorists are so bad or pointing Finland had 1.85, Slovakia had 1.47, tion over the country becomes so law- out we have got bad Christians, we Israel had 1.38, Switzerland had .75, and less? It seems surely it would create a have got the Crusades? the United States had .72. feeling of desperation. Well, if Christianity is as big a threat Even one is too many, and the perpe- What do you do? I have talked to to commit violence as people who say trator should and must be punished. whistleblowers who had that feeling. they are Islamic terrorists or jihadists, But if someone has committed crimes What do you do? I can’t go to the Jus- then I am just asking, Mr. Speaker, in Planned Parenthood, shouldn’t we tice Department with the truth about wouldn’t that indicate that the Presi- have an administration that believes in what is going on because they will dent, Hillary Clinton, and John Kerry enforcing the laws and in at least doing

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00203 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.086 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8852 CONGRESSIONAL RECORD — HOUSE December 1, 2015 a proper investigation on whether what The number of homicides is 444. ‘‘So support the ‘‘global warming’’ that was was said in the videos were true, which far this year, there have been at least being used in a fear-mongering fashion certainly indicated orally that there 2,740 shootings in Chicago, up more to scare people. By changing from were apparent crimes committed? than 400 from the same time last year. ‘‘global warming’’ to ‘‘climate Since every life matters, every Black The number of homicides is 444, an in- change,’’ that would allow them to say life matters, not just the Black lives crease of 42 from last year.’’ That is in the seventies, as they did, that we that are needlessly taken by a White tragic. are at the beginning of a new ice age person, but every Black life matters no An article by Charles C.W. Cooke on and then 30 years later say that we are matter who takes the life. November 23, 2015, reads, ‘‘Anyone who heading toward cataclysmic global This article from the Chicago Trib- would use terror as an excuse to sub- warming that will destroy all life on une reports, ‘‘Holiday toll: 8 killed, 20 vert the Second Amendment should be planet Earth. wounded over Thanksgiving weekend.’’ tarred and feathered.’’ A rather inter- Now, after the long pause in warming It seems rather callous. esting position. that seems to be inexplicable to sci- The article reads, ‘‘Eight people were An article from Charlie Spiering of 30 entists and after the release of private killed, including a 16-year-old boy, and November 2015 reads, ‘‘In his inaugural emails and information from the Uni- at least 20 others were wounded in speech at the COP21 climate change versity of East Anglia some years shootings over the Thanksgiving week- summit in Paris, President Obama ac- back, it indicated data was being ma- end in Chicago, an increase over last knowledged the terrorist attacks that nipulated so that it reflected things year as the number of gunshot victims occurred in the city earlier this month, that weren’t true about so-called glob- rose above 2,700 for the year.’’ but warned his fellow leaders not to be al warming or climate change. There were 2,700 gunshot victims in distracted from focusing on the loom- Ben Shapiro’s third point: ‘‘We have Chicago, when Chicago has such strong ing threat of global warming.’’ no idea how much climate change im- gun control laws in place? How could The President was quoted as saying, pacts human life.’’ It has discussions that be? Is it possible that having the ‘‘What greater rejection of those who and references there. toughest gun control laws, like Wash- would tear down our world than mar- Then, the fourth: ‘‘We have no idea ington, D.C., has had, doesn’t stop vio- shaling our best efforts to save it.’’ what level of de-development would be lent murders? Ignoring the violent terrorism that necessary to maintain our current cli- In fact, is it possible that places that the Islamic jihadists are infecting upon mate.’’ have the strictest gun control have be- the world and talking about climate The fifth: ‘‘The solution—destroying come murder capitals? It certainly ap- change—and, obviously, I mean, most carbon-based fuels and capitalism—is pears so in Chicago and in Washington, thinking people know it is called ‘‘cli- the problem.’’ He writes, ‘‘The left is in D.C. mate change’’ now because ‘‘global an all-out war with the two greatest This article from the Chicago Trib- warming’’ hasn’t really been supported forces for fighting poverty in history: une reads: for many years now, and, certainly, it cheap, carbon-based energy and cap- ‘‘Mysean Dunnin, 16, was among the is not provable that it was manmade. italism. first victims of the long holiday week- I do believe in climate change. We b 2000 end. He was shot in the head a few min- have it four times a year in east Texas, utes before midnight just west of where I live, so I know climate change ‘‘The same people celebrating the end Kedzie Avenue on Van Buren Street in is a fact. We know that the weather of the Industrial Revolution economic East Garfield Park, about a block from normally works in cycles. model seem to forget that that eco- his home. We had a witness before our Natural nomic model, boosted by carbon-based ‘‘Police said two people walked up Resources Committee who knows a fuels, have led to a massive drop in and fired at Dunnin. He was pro- great deal about the climate, and I global poverty; in 1990, 1.9 billion peo- nounced dead at the scene. asked him, is it true that planet Earth ple lived under $1.25 per day, as opposed ‘‘Four other people were wounded be- had to have been warmer during the to 836 million in 2015. That’s because of tween 3 p.m. Wednesday and 2:30 a.m. days of Leif Eriksson’s crossing the the dominance of capitalism and the Thursday. North Atlantic when the Norse came to increased efficiency of technology. It’s ‘‘Two men were killed and four oth- Greenland? Is it true that planet Earth certainly not because of governmental ers were wounded from 1:20 p.m. on was warmer then? It turns out, accord- environmental regulations. Thanksgiving Day to 3:15 a.m. Friday. ing to his testimony, the planet was ‘‘Some on the left seem eager to try ‘‘A 36-year-old man was killed and much warmer then. out their theory that we can maintain two people, including a 14-year-old boy, Now, we don’t know what kind of our current standard of living while were wounded between Friday after- fuel, what kind of carbon emissions hopping in a time machine back to less noon and early Saturday morning. those Norse boats were putting into usage of carbon, without reference to ‘‘The most violent stretch occurred the atmosphere, but I guess you would market efficiencies. This is foolishness. Saturday into Sunday, when three men have to figure those Norse must have We have time machines; they’re called were fatally shot and at least four really been putting out some pollution airplanes. Folks on the left ought to other people were wounded. from those ships with the sails on them fly to countries where people don’t ‘‘Father of three, home for the holi- to have created a warmer planet back have coal or oil or natural gas or free days, dies in Back of the Yards shoot- then than we have now. markets, and watch them burn cow ing. Apparently, they were growing crops chips for heat to see how lovely and ‘‘Between Sunday afternoon and in places on Greenland where you can’t natural that lifestyle actually is. early Monday, an eighth person was anymore. ‘‘But President Obama has his goals. killed and six other people were wound- My friend Ben Shapiro has an article How many people will have to suffer or ed. in the Daily Wire entitled, ‘‘Five Rea- die globally because of them isn’t real- ‘‘The toll during last year’s Thanks- sons Obama’s Climate Change Agenda ly the issue. After all, to question him giving weekend’’ in Chicago ‘‘was 5 is Dangerous—’’, and part of the words would make us ’cynical,’ he assures us. killed and 14 wounded. That included a are blacked out after that. If cynicism means saving lives, then fatal shooting inside the Nordstrom’s One reason he has highlighted is be- perhaps we all ought to be cynical of store on North Michigan Avenue.’’ cause ‘‘we have no idea to what extent his world-conquering, unscientific, With the President’s precious ideas the Earth is warming.’’ And he sets out redistributionist nonsense.’’ on gun control that certainly his some data and facts there, resources Going back to February 7, 2015, an ar- former chief of staff, Rahm Emanuel, there or other. ticle from Christopher Booker from would have in place in Chicago since he Two, ‘‘We have no clue how much The Telegraph titled ‘‘The fiddling has such power to effectuate the pas- human activity causes climate with temperature data is the biggest sage through the city leaders of ordi- change,’’ and I would add ‘‘if any.’’ science scandal ever,’’ he said: ‘‘Two nances for tough gun control, how Of course, we call it ‘‘climate weeks ago, under the headline ‘How we could this be? change’’ now because the data did not are being tricked by flawed data on

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00204 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.088 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8853 global warming,’ I wrote about Paul come such a poster-child for those try- only had a wood-burning stove. Be- Homewood, who, on his Notalotof ing to persuade us that we are threat- cause of the way the cost of energy has peopleknowthat blog, had checked the ened by runaway warming. But he gone up, she is worried that she may published temperature graphs for three chose that particular stretch of the leave this world in a home that only weather stations in Paraguay against Arctic because it is where ice is af- has a wood-burning stove. The trouble the temperatures that had originally fected by warmer water brought in by for her is, if this administration has its been recorded. In each instance, the ac- cyclical shifts in a major Atlantic cur- way, she can’t have a wood-burning tual trend of 60 years of data had been rent—this last peaked at just the time stove even. dramatically reversed, so that a cool- 75 years ago when Arctic ice retreated You see the cost of home energy ing trend was changed to one that even further than it has done recently. going up as dramatically as this ad- showed a marked warming. The ice-melt is not caused by rising ministration has forced it and you real- ‘‘This was only the latest of many ex- global temperatures at all. ize that doesn’t really hurt the rich in amples of a practice long recognised by ‘‘Of much more serious significance, America to have higher prices for en- expert observers around the world—one however, is the way this wholesale ma- ergy. It does hurt business. It abso- that raises an ever larger question nipulation of the official temperature lutely does. It means they can’t give mark over the entire official surface- record—for reasons GHCN and Giss raises because they are spending that temperature record. have never plausibly explained—has be- money on higher bills. So people are ‘‘Following my last article, come the real elephant in the room of not keeping up with what they should. Homewood checked a swathe of other the greatest and most costly scare the Then we found out during this ad- South American weather stations world has known. This really does ministration the unthinkable occurred, around the original three. In each case begin to look like one of the greatest and the President even admitted it on he found the same suspicious one-way scientific scandals of all time.’’ camera. For the first time in the his- ‘adjustments.’ First these were made Mr. Speaker, I am wondering if it tory of this country ever, after this by the U.S. government’s Global His- might be possible that there is a main- President’s policies had been fully im- torical Climate Network (GHCN). They stream media reporter out there—with plemented for 5 years, 95 percent of the were then amplified by two of the main the New York Times, Washington Post, Nation’s income went to the top 1 per- official service records, the Goddard In- ABC, NBC, CBS, CNN, one of those that cent. stitute for Space Studies (Giss) and the have lost so many of their viewers and The President, who had talked so National Climate Data Center (NCDC), readers—that might someday, against much about helping the middle class which use the warming trends to esti- all of the criticism like Galileo got and and helping the poor, has presided over mate temperatures across the vast re- others received, pick up that mantle policies that have made the rich—put gions of the Earth where no measure- and do a true investigation from a them in a position where 95 percent of ments are taken. Yet these are the mainstream media outlet, facing the income is going to the top 1 percent. It very records on which scientists and belittling and the criticism of all of the had never happened before this Presi- politicians rely for their belief in ‘glob- Chicken Littles that are in the main- dent’s policies, which have made life al warming.’ stream media currently and actually difficult for people in America. ‘‘Homewood has now turned his at- gather accurate data, show the fraud, I mean not for the people that have tention to the weather stations across show the wasted money, show the lost all the cronyism, crony capitalism, much of the Arctic, between Canada (51 lives, show the suffering by running up General Electric and all those friends degrees W) and the heart of Siberia (87 the price of energy so high, and show of the President. I am talking about degrees E). Again, in nearly every case, just what Christopher Booker talks the distance between the rich and the the same one-way adjustments have about as he finished his article. This poor has gotten farther with fewer peo- been made, to show warming up to 1 really does begin to look like one of ple in between. That is tragic. degree C or more higher than was indi- the greatest scientific scandals of all So countries swarm to the global cated by the data that was actually re- time. warming conferences. Just watch. Fol- corded. This has surprised no one more As the great philosopher Rush low the money. They hope to leave than Traust Jonsson, who was long in Limbaugh once said, ‘‘Follow the with an agreement by the United charge of climate research for the Ice- money.’’ Many others have said it. If States that will punish American resi- land met office (and with whom you hear someone saying, ‘‘Let’s bring dents and cause them to have to pay Homewood has been in touch). Jonsson Syrian refugees in’’ when we know more taxes that will be paid to coun- was amazed to see how the new version there is no adequate data to be assured tries around the world. completely ‘disappears’ Iceland’s ‘sea of who they are, where they are really Of course, they flock to these global ice years’ around 1970, when a period of from, follow the money. See if they are warming climate change conferences extreme cooling almost devastated his part of those dividing up the 1 billion- because they think the President is country’s economy. plus dollars being paid to people to going to do what he is hoping to do and ‘‘One of the first examples of these bring refugees into the United States. start sending checks from the Amer- ‘adjustments’ was exposed in 2007 by Well, Mr. Speaker, when this admin- ican taxpayers to all of these other the statistician Steve McIntyre, when istration goes about driving up the countries, places where their policies he discovered a paper published in 1987 prices of energy as it has, despite its have stifled growth or they don’t have by James Hansen, the scientist (later best efforts, gasoline prices came down. the energy we do. How about sending turned fanatical climate activist) who The last I saw, they had dropped their them some energy? Send them some for many years ran Giss’’—or the God- approval of production from Federal coal. They will be far better off. dard Institute for Space Studies— land to about 40 percent of grants that In closing, Mr. Speaker, let me just ‘‘Hansen’s original graph showed tem- had been approved during the Bush ad- remind that you don’t have to pay peo- peratures in the Arctic as having been ministration’s 8 years. ple to hate you. They will do it for free. much higher around 1940 than at any Less production is being authorized We don’t have to be sending that time since. But as Homewood reveals by this administration. They are sic- money overseas. in his blog post, ‘Temperature adjust- cing the EPA now with these new regu- I yield back the balance of my time. ments transform Arctic history.’’ lations on the oil and gas industry, f Wow, Mr. Speaker, I need to read which will ultimately—if they are suc- b 2015 that again. I had not seen that. cessful and Congress isn’t able to stop ‘‘Hansen’s original graph showed them as we should, the price of gaso- UKRAINE UNDER SIEGE temperatures in the Arctic as having line will skyrocket as the President The SPEAKER pro tempore (Mr. been much higher around 1940 than at said he wanted coal-produced power to ABRAHAM). Under the Speaker’s an- any time since.’’ skyrocket. nounced policy of January 6, 2015, the ‘‘Homewood’s interest in the Arctic As one of my senior citizen constitu- gentlewoman from Ohio (Ms. KAPTUR) is partly because the ‘vanishing’ of its ents had told me—I think she said she is recognized for 60 minutes as the des- polar ice (and the polar bears) has be- was 80—she was born in a home that ignee of the minority leader.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00205 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.090 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8854 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Ms. KAPTUR. Mr. Speaker, as West- mous, ranging from medical supplies to time for need. The instruments antici- ern Europe strains with more than 1 everyday items, such as food, water, pated by the National Guard State million refugees fleeing war in the Mid- and clothing.’’ Partnership and Partnership for Peace dle East and enduring terrible condi- They don’t even ask for new clothing. programs will allow the American peo- tions, I rise tonight to address another They are willing to take used shoes ple to more effectively and rapidly ac- growing humanitarian crisis in Eastern from the United States of America. cess and deliver already available med- Europe, in Ukraine. ‘‘While the global news media regu- ical and humanitarian supplies to The free world has experienced time larly reports on Russia’s war against Ukraine—literally within days. We and again what happens when it fails Ukraine, government reforms and fi- each represent distribution net- to support innocents caught by fate nancial challenges, there is rarely any works’’—through their various reli- under the brutal grip of war and op- mention of the extraordinary dimen- gious confessions—‘‘that cooperate pression. Today that reality looms sions of the human suffering caused by with each other; we now ask for the re- largely over Europe and surely over Moscow’s aggression. While Ukraine sources to meet the growing human Ukraine, a nation of freedom-seeking certainly needs greater military, finan- needs. people under siege outnumbered and cial, and political assistance, our focus ‘‘We pray that God grant you guid- outgunned due to Russia’s invasion on here, as religious leaders, must be on ance, wisdom and bless you and the Ukraine’s eastern front. So Europe in the humanitarian aspect. great American nation. God bless the the western end as well as the eastern ‘‘As you know, according to the United States and Ukraine. Sincerely.’’ faces major displacement and humani- United Nations, over 5 million peo- And I place all their names in the tarian needs not seen since World War ple’’—5 million—‘‘including 1.7 million RECORD. II. children, are in desperate need of hu- The people of the world must meet Ukrainians are fighting to choose manitarian assistance.’’ this moral imperative. The United Na- their own path, and surely America, I brought a chart to the floor that tions has reported that 2.6 million with our moral leadership, can find a shows pictures of just a few of these Ukrainians have been displaced by the way to help the beleaguered people of children. current conflict in eastern Ukraine—so Ukraine survive the siege and the onset ‘‘8,000 people have died and over unnecessary—because of Russia’s inva- of a bitter winter, with climates that 17,000 have been injured and wounded. sion. A staggering 5 million Ukrainians can be unforgiving, with temperatures There are over 1,390,000 displaced peo- currently need humanitarian survival falling as low or more than 25 degrees ple, including 174,000 children.’’ assistance. below zero. Here is one child whose only dwelling I met with one religious leader who To not attend to Ukraine now risks has been in a bomb shelter since the came to Washington. I said: What are Ukraine accessing to the free world. If time of his birth. you finding? one looks at the size of Ukraine in Eu- ‘‘The challenges of this human trag- He said: Congresswoman, we are in rope, imagine if Ukraine could access edy are overwhelming. Even the most Kharkiv. We need shoes, even used to be part of greater Europe. That is all conservative estimates show that over shoes, for the children. held in abeyance now and also risks 65 percent of projected needs have yet Currently, less than half of those in millions more potential refugees flee- to be met—even on the level of pledges. need receive any assistance at all. If ing from Ukraine to Western Europe ‘‘As representatives of the interfaith Russian aggression were to trigger a for sustenance and more. community, we witness on a daily basis flight of these Ukrainians westward, it I call on the Obama administration the challenges and needs of people suf- would also add to the dangerous, desta- to address the growing humanitarian fering because of this war. And with bilizing stress to Europe’s already- crisis in Europe, not just on the west- the onset of winter, an already dire sit- stretched refugee services as a result of ern end, but on the eastern end in uation will only get worse. We pray for what is happening with the immigra- Ukraine. This is a challenge that can their lives and for the future of our tion and refugee resettlement from the be met. America has done this before. country. Middle East. The humanitarian need in Ukraine is ‘‘While we are grateful for the assist- The situation in Ukraine is far from immediate and growing. ance provided by the United States contained. According to a recent report I include in the RECORD evidence of Government to date, we know that the by Refugees International, approxi- this growing crisis by the major reli- need is so much greater. Thus, we ap- mately 2 million Ukrainians live close gious leaders of Ukraine from all con- peal to you,’’ President Obama, ‘‘to in- to the cease-fire lines separating fessions, representing, imagine, nearly crease assistance and to activate the Ukrainian and Russian-backed forces. 90 percent of the faithful of Ukraine. full potential of the National Guard It is hard to see some of these pic- These denominations include Baptist, State Partnership Program and the tures that are on this chart, but what Pentecostals, Muslims, Reformed Partnership for Peace as instruments they basically show are bombed-out Church, the Lutheran Church, Jewish for alleviating the humanitarian catas- buildings, bridges that are completely religious organizations, Evangelicals, trophe. One of the stated goals of the destroyed, old women living in build- the Autocephalous Orthodox Church of Partnership for Peace is to ‘provide a ings where there are no roofs or win- Ukraine, the Ukrainian Bible Society, framework for enhanced political and dows in eastern Ukraine, children liv- the Ukrainian Greek Catholic Church, military cooperation for joint multi- ing in bomb shelters, and people just, the Armenian Apostolic Church, the lateral crisis management activities, unfortunately, killed because of Rus- Seventh-Day Adventists, the Christian such as humanitarian assistance and sian shelling. Evangelical Church. It is a very, very peacekeeping.’ Ukraine was the first A Ukrainian and Russian peace set- long list. post-Soviet country to join the Part- tlement likely will take a while, but I am going to read this in the RECORD nership for Peace in 1993. another 2 million people are living as well as place it in the RECORD. This ‘‘In addition to the assistance pro- under control of Russian-backed forces. was sent to President Obama. A delega- vided by the US government, we, dur- The basic needs of these civilians go tion, over this last month, from ing our travels throughout the United unmet daily. Shockingly, most inter- Ukraine, of its top religious leaders States, have come to personally wit- national aid work has been suspended presented the Obama administration ness the great generosity of the Amer- there, and there are hardly any news with a request. Let me read it. ican people expressed through numer- stories about this. Aid workers have ‘‘We, the undersigned of the All ous spontaneous initiatives to ship been ejected from regions that are Ukrainian Council of Churches and re- medical and humanitarian supplies to called Luhansk and Donetsk by the ligious organizations and representing Ukraine. Russian-backed fighters. Ukraine’s diverse religious community, ‘‘Time is of the essence, Mr. Presi- Some refugees, torn from their vil- appeal to you on behalf of the people of dent.’’ lages and towns, have managed to stay Ukraine to help address the humani- They are begging. in Ukraine and survive even after being tarian catastrophe, Mr. President, grip- ‘‘The people of Ukraine need to know driven from their homes by violence. ping our country. The needs are enor- that they are not forgotten in their How they are doing this, I simply don’t

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00206 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.092 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8855 know. But these internally displaced Can you imagine, millions of people working economy in the world so as to are overwhelming the already limited displaced but only 10,000 blankets? Mil- permit the emergence of political and resources of Ukraine’s local govern- lions of people, 10,000 blankets. social conditions in which free institu- ments, which are already stretched Delivery of basic medical supplies tions can exist.’’ thin by Russia’s invasion. These 1.5 also faces obstacles. There is a short- He added that struggling nations million internally displaced Ukrain- age of medications that treat critical must take the lead in their own re- ians lack durable housing or jobs to and common diseases. building and that America’s role pay for food or support their families. After his organization was forced out should be a supporting one. Don’t forget, with Russia’s invasion, of Donetsk by Russian operatives, Dr. It was really remarkable to go back the value of their currency has just Bart Janssens, director of operations and look at the films of the brilliant plummeted. Everything is so much at Doctors Without Borders, said the airlift from World War II and see what more expensive. How people are mak- following: ‘‘We are almost the only or- this country did. This crisis is not com- ing it, I simply don’t know. ganization providing treatment for tu- mensurate with what happens after We often talk about refugees in ab- berculosis in prisons, insulin for dia- World War II, but we have a model. We stract numbers. But inside these num- betic patients, and hemodialysis prod- know what to do; we know how to do bers are the stories and faces of indi- ucts to treat kidney failure. Thousands it. Why aren’t we doing it? viduals. I just wish people could see the of patients suffering from chronic, po- I include in the RECORD separate eyes of these parents looking into the tentially fatal diseases will now be left statements from three religious leaders future that is so uncertain and so with little or no assistance.’’ who are begging the United States of daunting. b 2030 America and its President to pay par- ticular attention to the humanitarian Ukrainian children in these conflict This is the situation Ukraine faces in zones are being born under conditions needs of Ukraine: remarks by Patri- real time. What will the world do? arch Filaret, Ukraine Orthodox that most Americans couldn’t even What will the United States do with so imagine, never having lived without Church; the Archbishop of Ukraine, many storehouses of used clothing, Sviatoslav Shevchuk, the Ukrainian the imminent threat of death or loss. used blankets, or anything to help sus- Many risk becoming stateless, as they Greek Catholic Church; and also Rabbi tain life there? Yaakov Dov Bleich, head of the Jewish have been unable to receive birth cer- As temperatures fall across that re- tificates, passports, and school certifi- faiths that have presence in that coun- gion, shelter assistance has to be deliv- try. cates. In looking into the eyes of chil- ered quickly to people living in build- dren, I am again reminded of the ur- TRANSCRIPT OF THE SPEECH BY PATRIARCH ings without windows, without doors, FILARET AT THE NATIONAL PRESS CLUB ON gency of this crisis. without roofs, and, most often, without As freedom-loving nations grapple NOVEMBER 9, 2015 heat. Thousands of displaced people (Translated live from Ukrainian) with the Ukrainian crisis, let us recall need warm blankets, winter clothing, the nations of the European continent Dear Friends, we just met with the staff of and shoes, as well as coal and heating President Obama. We have handed him a let- remain America’s most enduring allies fuels. in liberty. To not measure up to meet ter signed by leaders of All-Ukrainian Coun- If the free world fails to act, it must cil of Churches and International Organiza- the current internal challenge for Eu- prepare for the reality that, come tions of Ukraine leaders of different religious rope is to walk away from liberty’s call spring, we will discover more elderly denominations of Ukraine. First of all, I at freedom’s edge in our time. who are dead, more who are ill, more want to emphasize that the All-Ukrainian Existing efforts to assist Ukraine’s children who have fallen into illness Council of Churches represents 85% of eastern regions face a daunting set of and have probably died, simply cut off Ukraine’s residence. So our statement is on behalf of all those people. challenges. Roads leading to Ukrain- from assistance, who succumbed to ians trapped in separatist-held areas What is that letter about? We are dis- starvation and the cold, needlessly add- cussing how the humanitarian aid that has are difficult to navigate. There is a ing to the over 8,000 who have already been collected for the Ukrainian people here photo here. I mean, they are walking lost their lives in this Russian-directed in the United States can be delivered to across rubble, down very steep em- invasion. Ukraine. And we are asking President bankments. America, as a nation, has long been Obama to implement certain provisions of Making matters worse, many of these one of supporting freedom and eco- the Partnership for Peace program. routes are now scarred by the ravages nomic stability across our world. Let Why are we asking that? Because, today, of war. Roads and bridges have been Ukraine is defending democracy and freedom me remind you that in a 1947 speech for the whole world. If Ukraine had accepted completely destroyed. On roads run- laying out what would become the Russia’s offer and desired to pull it into the ning through conflict areas, Russian- Marshall Plan for Europe following Eurasian Union, there would be no war, but backed fighters require registration by World War II’s devastation, war-weary Ukraine would have lost its democracy and any humanitarian group seeking access America stood the test of liberty. freedom—it would have become a totali- to the region. Can you imagine? Can And one of our greatest Americans, a tarian state. you imagine what life is like there? statesman, a general, and then Sec- The United States is the leader of democ- The United Nations is the only aid retary of State, General George C. Mar- racy and freedom in the world. And, today, group allowed to even enter the Rus- Ukrainians are giving their lives for this de- shall, observed the dire post-war eco- mocracy and freedom. So do Ukrainians de- sian-controlled areas of Ukraine. Even nomic conditions in Europe. And de- serve such support from the United States the U.N. was prevented from delivering spite America’s exhaustion from World and Europe in standing against Russian in- aid to eastern Ukraine for 3 months as War II, he urged American involvement vasion and totalitarianism? I think Ukraine people suffered. And then on November and support of European recovery, not- does deserve that. 9, just a couple weeks ago, the U.N. was ing that: This is why we are making this request for finally able to deliver a convoy of nine ‘‘It is logical that the United States help. We are asking to help deliver the hu- trucks carrying vital aid to the city of should do whatever it is able to do to manitarian aid that the people of the United States have already collected. And we are Luhansk, including 10,000 blankets, assist in the return of normal economic also asking to increase the levels of assist- 10,000 towels, 5,000 buckets, and a simi- health in the world, without which ance of multi-sided assistance. lar number of jerricans and plastic there can be no political stability and At this time, the war in Eastern Ukraine sheets, cement and timber for shelter no assured peace.’’ has not stopped—it only went down in inten- repairs, and other winterization need Those words apply to Ukraine today, sity. Putin has diverted the world’s atten- and domestic items. That was to one as they did to Western Europe after tion by going into Syria—this does not mean town, and it did not completely serve World War II. that he has given up on Ukraine and mili- their enormous needs. General Marshall continued, saying, tary warfare may erupt in Ukraine with new strength anytime. So we are asking—please, As the U.N. agency head for Ukraine ‘‘Our policy is directed not against any help. We are giving away our live and you said: ‘‘This is a small drop in the ocean country or doctrine but against hun- give us the resources, including the humani- of needs . . . in these conflict-affected ger, poverty, desperation, and chaos. tarian assistance. areas.’’ Its purpose should be the revival of a Thank you.

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00207 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.093 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8856 CONGRESSIONAL RECORD — HOUSE December 1, 2015 TRANSCRIPT OF THE SPEECH BY MAJOR ARCH- for the benefit of all of the people of the This agreement reaffirmed the com- BISHOP SVIATOSLAV SHEVCHUK AT THE NA- country. mon commitment of those signatory TIONAL PRESS CLUB ON NOVEMBER 9TH 2015 Our message is from civil society, from nations ‘‘to respect the independence Dear Friends, I speak on behalf of Ukrain- people to people. We spoke today with politi- cians because they can do things we can’t do. and sovereignty and the existing bor- ian Greek Catholic Church, which is present ders of Ukraine.’’ And in return for in Ukraine and worldwide. I would like to But we can do a lot more than they can. We convey to you good news from Ukraine. feel that civil society has an obligation to that promise of protecting those bor- First good news is that Ukrainian nation is try help and do what they can. We come to- ders, Ukraine dismantled its vast nu- united as never before in its history. You see gether with other NGOs in the United States clear weapons complex, the third larg- trying to make things happen, change that righteous society of Ukraine, The Coun- est in the world. things. And I want to point something out: cil of Churches and Religious Organizations, With that memorandum in hand, the help that we may get paying for trans- which represent 85% of the citizens of portation of containers of aid that was col- Ukraine did what it promised, but what Ukraine, are united. Different religions, dif- lected here to send to Ukraine is very very about the other signatories to that ferent churches, religious denominations, symbolic. The money is not the most impor- agreement? but we are the heart of Ukrainian civil soci- tant thing. Today, the Budapest Memorandum ety, and we are together. What is much more symbolic is that the The second good news is that we did not appears to be a hollow promise. It people in the United States care about comes as little surprise that Russia have a civil war in Ukraine. We are facing what’s happening in Ukraine, they under- the foreign aggression against Ukraine. And stand the war. would break that promise, but it dis- again, that aggression is a catalyst of The need for help in Ukraine is a direct re- appoints me to no end that the free Ukrainian unity. Seventy percent of the sol- sult of a democratic choice, a choice that the world, led by the United States of diers who are defending free and independent people of Ukraine made. They want to be a America, seems reluctant to honor its Ukraine are Russian-speakers. And I think part of the western family of nations. They promises to take a more effective role this very important sign, that even those want democracy, they want to be free, they as a coalition of nations and civil soci- who are in the occupied territories, as Rabbi want to be a part of Europe, they want to Bleich mentioned, are not supporting war. live like people in the West live. Because of ety organizations to help Ukraine Even people in Russia will not support a war. that they are suffering, and it’s important stand on its own in the face of internal It is why Putin is trying to be silent about for people in the United States to know that carnage perpetrated by Russia. that the Russian troop and its presence on the front of the war between democracy, NATO’s Supreme Allied Commander Ukrainian territory. democratic life and brutality, communism, in Europe, General Philip Breedlove, a The third good news from Ukraine is out- putinism, that front is taking place now in man who knows an enormous amount standing solidarity. Today, we have more Eastern Ukraine. That fight, which is a fight about that continent, recently ex- than two million refugees in Ukraine. But of entire world for democracy, is taking pressed his deep concern that our focus international society, until now, could only place right there. It’s not only a fight for help four hundred thousand refugees. But Ukraine, not only a fight for Ukraine’s free- has been pulled away from Russia’s what is happening to the rest? Their Ukrain- dom, it’s a fight of freedom over putinism. proxy invasion of Ukraine. ‘‘Folks have ian fellows are helping them. But our re- This is our message. taken their eye off of Ukraine a little sources are short because economic crisis is You could see people who are willing to bit because of Syria,’’ he said. striking us in Ukraine. Nevertheless, we are sacrifice themselves for their freedom. Peo- According to him, the situation is united in our desire to rebuild, to transform ple who are sacrificing their lives on the similar to how the world lost focus on Ukraine. front are not sacrificing for their freedom, the Russian invasion of Crimea, which they are sacrificing for the freedom of their The next good news from Ukraine, we all the United States still considers together are fighting against corruption, be- country, for freedom of their people, for free- cause corruption it not only political issue, dom of all peoples throughout the world to Ukrainian territory, after Russia in- is a deep moral issue. It is a part of the post- have that democratic choice, to choose how vaded eastern Ukraine and triggered Soviet mentality. But we all together are they want to live, and to be able to live the the current war. trying to reform and transform the very way we take for granted here, in the United Fighting in the Donbass region of heart of Ukraine. To transform the inter- States. Ukraine has fluctuated, but skirmishes personal relationships, because corruptions Today, actually, President Poroshenko continue and Ukrainian territory re- signed a decree for organizing a committee strike those kinds of relationships between mains under Russian occupation, with person in Ukraine. But, nevertheless, we are for the 75th anniversary of Babij Yar. This is important! We don’t have to talk about this no withdrawal in sight. here to be a voice of the millions who are Congress took initial steps to address suffering the biggest humanitarian crisis in now, but a year and a half ago we were still Europe after the Second World War. trying to counteract the propaganda that Ukraine’s need last year, just about a It is a pity that Ukrainian politicians until was coming out of Russia about the fascism year ago, with the Ukraine Freedom now did not declare the state of the humani- in Ukraine and the anti-Semitism, which is a Support Act—legislation we fought tarian emergency in Ukraine. Until now bunch of baloney. Basically, we won that hard to pass and which most of our col- we’ve received an answer that this is a polit- war. People, most people, understand that leagues voted to support. However, ical quest. Nevertheless, Ukraine needs conditions continue to worsen. worldwide international support, especially Ukrainian Government and Ukrainian people today are not fascists and anti-Semites, they A report done by the Commissioner in order to solve the humanitarian situation are just people who want to live free, demo- for Human Rights of the Council of Eu- in our country. So it is why we are here—to cratically, but part of that is that Ukrainian speak on behalf of those millions who will rope acknowledges that the fighting in Government also coming through and show- suffer terrible winter in few months. the east, which began in the spring of ing time and again, proving as much as pos- But we have a hope in Ukraine. You know, 2014, has resulted in extensive damage sible, as many times as possible that Ukrain- politicians will come and go, presidents will ian people are united no matter what eth- to schools and medical facilities, leav- come and go, all political visions will nicity, no matter what their background, ing the local population increasingly change, but Ukraine will remain, churches what their religion is. They want to be free, dependent on outside aid. Assistance is will remain. And today we are building our they want to be democratic. Even the Rus- needed to meet basic needs and access future fostering the reconciliation and co- sian-speaking people want to be free. That operation between the nations. to clean water, which is a problem al- was part of the failure of Putin in the east Thank you very much. ready for 1.3 million Ukrainians at a that he didn’t have the support. He doesn’t TRANSCRIPT OF THE SPEECH BY RABBI YAAKOV minimum. have the support of the people in Donbas to Two weeks ago, I sent a letter to As- DOV BLEICH AT THE NATIONAL PRESS CLUB become a part of Russia. They are not inter- ON NOVEMBER 9TH 2015 ested in becoming a part of Russia. They sistant Secretary of State Victoria Thanks for coming and for showing some want to be free as well. Everyone wants to be Nuland to call for the United States to interest in what’s going on in Ukraine. It is free. work with the Ukrainian Government important for us in Ukraine to know that Thank you. and Russia to restore access to human- it’s not only politicians that get together Ms. KAPTUR. The United States has itarian workers and to allow aid to pro- and talk about Ukraine, but that it interests more than just a moral and strategic ceed. civil society too. duty to the sovereign people of In particular, I identified a need for First of all, the message comes from a coa- access to—and this is in working with lition called the Council of Churches and Re- Ukraine. Twenty years ago, the United ligious Organizations of Ukraine, which is a States, Ukraine, the Russian Federa- the religious leaders of Ukraine across very unique organization anywhere in the tion, and the United Kingdom came to- confessions for these items—winteriza- world probably, where the Heads of all reli- gether to sign the Budapest Memo- tion activities, including blankets, gions in the country get together and work randum. quilts, kerosene, heating stoves; direct

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00208 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.070 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8857 financial assistance to these religious Soviet Union’s forced starvation of be- are enormous, ranging from medical supplies groups to help them help others; water tween 2.5 million and 7.5 million to everyday items such as food, water, and pumping station equipment to prevent Ukrainians whose names are lost to clothing. While the global news media regularly re- freezing; electrical repair kits and history forever. ports on Russia’s war against Ukraine, gov- tools; coal; batteries; clothing; and ev- I think America should also consider ernment reforms and financial challenges, eryday necessities, including medical doing this humanitarian lift to there is rarely any mention of the extraor- equipment, basic and specialized medi- Ukraine because, frankly, no place on dinary dimensions of the human suffering cines, emergency medical kits, shoes, Earth suffered more in the last century caused by Moscow’s aggression. While socks, long underwear, coats, mittens, from brutal tyranny than did Ukraine. Ukraine certainly needs greater military, fi- hats; redevelopment assistance, includ- Perhaps something is owed to those nancial and political assistance, our focus sacrificial people for what they en- here must be on the humanitarian aspect. ing economic aid and tools as well as As you know, according to the UN, over 5 equipment to repair homes, bridges, dured and for the spark of liberty that million people, including 1.7 million children and roads. still breathes so strongly in their are in desperate need of humanitarian assist- They don’t even request new mate- hearts and minds. ance. 8,000 people have died and over 17,000 rial. They just request help. I just In marking the brutal tragedy of the have been injured and wounded. There are think to myself, how much is thrown forced famine, called the Holodomor, I over 1,390,000 displaced people, including away in landfills across this country, am reminded of the importance of 174,000 children. The challenges of this items that still have good wear and teaching about the cost of liberty, the human tragedy are overwhelming. Even the good possibility? How much is thrown need to fight for it, and the legacy of most conservative estimates show that over 65% of projected needs have yet to be met— away at construction sites? And what that sacrificial people. even on the level of pledges. we can do to help the people of Through this memorial, we seek to As representatives of the interfaith com- Ukraine? These items are more than better guard against any oppressive re- munity, we witness on a daily basis the chal- just objects to the people of Ukraine. gime that would seek to rule over any lenges and the needs of people suffering be- They are life itself right now. people, for, at that time, our Nation cause of this war. And with the onset of win- The people of Ukraine want des- failed to reveal and respond to that on- ter, an already dire situation will only get perately to stand on their own, access going brutality of forced starvation in worse. We pray for their lives and for the fu- ture of our country. to the European continent, and to gov- Ukraine. Had the free world acted then, While we are grateful for the assistance ern themselves in the light of liberty. I we might have changed the fate of mil- provided by the United States government to have seen it in their eyes. Let us help lions, but that did not happen. date, we know that the need is so much them weather this terrible storm now Let us not repeat the blindness of the greater. Thus, we appeal to you to increase when they need it most. past. America must act with dispatch assistance and to activate the full potential My heavens, if the United States of to support the freedom-loving people of of the National Guard State Partnership America could lead the Berlin airlift Ukraine. Time and again, in moments Program and the Partnership for Peace (PfP) after World War II in those old, tired when the world has found itself at a as instruments for alleviating the humani- crossroads, American leadership and tarian catastrophe. One of the stated goals of planes, sending goods to the people of the PfP is to ‘‘provide a framework for en- Europe, to the people of Western Eu- action has made the difference. hanced political and military cooperation for rope, and to give them hope and suste- We must be prepared to join with joint multilateral crisis management activi- nance, you mean to tell me that the others in this effort to save the chil- ties, such as humanitarian assistance and America of the 21st century can’t fig- dren, to save the families, to save the peacekeeping.’’ Ukraine was the first post- ure this out, especially when Congress people of Ukraine, and, in doing so, to Soviet country to join the PfP in 1993. has put money in the budget of the De- let liberty march forward. We must do In addition to the assistance provided by partment of Defense and the Depart- the right thing for our brothers and sis- the US government, we, during our travels ters in liberty. America must act, and throughout the United States, have come to ment of State to carry this out, work- personally witness the great generosity of ing in cooperation with organizations we must act as leaders. Ukraine is the American people expressed through nu- across this great land? waiting. The world is waiting. merous spontaneous initiatives to ship med- Last month, the All-Ukrainian Coun- I call upon the President of the ical and humanitarian supplies to Ukraine. cil of Churches and Religious Organiza- United States and the Obama adminis- Time is of the essence, Mr. President. The tions, a globally unique coming-to- tration to do what is necessary and people of Ukraine need to know that they gether of diverse religious faiths which achievable to meet the growing human- are not forgotten in their time for need! The itarian crisis in Ukraine, to relieve the instruments anticipated by the National represent 85 percent of the Ukrainian Guard State Partnership and Partnership for population, presented President Obama unnecessary suffering of their people, Peace programs will allow the American peo- with a letter I referenced earlier, ap- and to prevent a gigantic refugee crisis ple to more effectively and rapidly access pealing on behalf of the people of from spilling over and impacting Euro- and deliver already available medical and Ukraine to help address the humani- pean stability. humanitarian supplies to Ukraine—literally tarian catastrophe gripping that Na- Mr. Speaker, the gentleman from within days. We each represent distribution tion. Pennsylvania (Mr. COSTELLO), who networks that cooperate with each other; we Each is a daily witness to the chal- could not be here tonight for this Spe- now ask for the resources to meet the grow- cial Order, supports these efforts. His ing human needs. lenges and needs of the people suffering We pray that God grant you guidance, wis- because of this unnecessary, brutal formal statement includes the impor- dom and bless you and the great American war, where over 8,000 have already been tant role that the people of south- nation. God bless the United States and killed; 17,610 wounded—that was a fig- eastern Pennsylvania have played in Ukraine! ure as of October—2.6 million people in- keeping a focus on Ukraine and this Sincerely, ternally displaced; 5 million in need of ongoing tragedy and what the United Antoniuk Valery Stepanovich—Chair- aid, including 1.7 million children, and States of America can do at very little man of the Union, Senior Bishop, All- one in five homes of displaced families cost to the people here by the mobiliza- Ukrainian Union of Churches of Evan- tion of the hearts of the American peo- gelical Christians—Baptists; Panochko damaged or destroyed. Surely, the free Michael Stepanovich—President of the world can figure this out. ple to provide humanitarian assistance Union, Senior Bishop, All-Ukrainian I do have to say a word about this. A to help save Ukraine in our own time Union of Christians of the Evangelical few weeks ago, I stood here in Wash- and day. Faith—Pentecostals; Ablaev Emirali— ington with many distinguished President BARACK OBAMA, Chairman of the Spiritual Administra- Ukrainian leaders, including the First The White House, 1600 Pennsylvania Avenue tion of Muslims of Ukraine, Mufti Spir- Lady of Ukraine, Maryna Poroshenko; NW., Washington, DC. itual Administration of Muslims of Cri- His Holiness, the Patriarch of Kyiv and DEAR MR. PRESIDENT: We, the undersigned mea; Ahmad Tamim—Head of the Spir- All Rus’-Ukraine Filaret; and my dear of the All Ukrainian Council of Churches and itual Administration of Muslims of religious organizations, and representing Ukraine, Mufti of Zan-Fabian Alex- friend and fellow Ukraine Caucus co- Ukraine’s diverse religious community ap- ander—Head of the Consistory of the chair, Congressman SANDER LEVIN of peal to you on behalf of the people of SCRC, Bishop, Transcarpathian Re- Michigan, to dedicate a memorial here Ukraine to help address the humanitarian formed Church; Sergey Mashevskyy— in our Nation’s capital to the 1932–1933 catastrophe gripping our country. The needs Bishop, German Evangelical Lutheran

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00209 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.095 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8858 CONGRESSIONAL RECORD — HOUSE December 1, 2015 Church of Ukraine; Yaakov Dov In an effort to keep our nation safe and to Nonmember Banks and State Savings Asso- Bleich—President of the Association, provide assistance to our allies, the National ciations (RIN: 3064-AE24) received November Chief Rabbi of Kyiv and Ukraine, Asso- Defense Authorization Act was recently signed 24, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); ciation of Jewish Religious Organiza- Added by Public Law 104-121, Sec. 251; (110 tions of Ukraine; Peter Malchuk—Head into law. This includes an authorization for Stat. 868); to the Committee on Financial of the Commission on the Relationship $300 million in military aid, including lethal, to Services. Between State and Church; Raichynets support Ukraine. 3579. A letter from the Director, Office of Vasiliy Fedorovich—Senior Pastor, And currently stalled in the House is bill Legislative Affairs, Legal, Federal Deposit Union of Free Churches of Christians of H.R. 955, that would authorize the Secretary Insurance Corporation, transmitting the Evangelical Faith of Ukraine; Macarius of Defense to provide assistance (including Corporation’s final rule — Temporary Li- (Maletich)—Primate of the Ukrainian training, equipment, lethal weapons of a de- quidity Guarantee Program; Unlimited De- Autocephalous Orthodox Church Met- fensive nature, logistics support, supplies and posit Insurance Coverage for Noninterest- ropolitan The Ukrainian Bearing Transaction Accounts (RIN: 3064- Autocephalous Orthodox Church; Com- services) to the military and national security AE34) received November 24, 2015, pursuant mandant Grigory Ivanovich—Presi- forces of Ukraine through the end of the next to 5 U.S.C. 801(a)(1)(A); Added by Public Law dent, Ukrainian Bible Society; fiscal year. 104-121, Sec. 251; (110 Stat. 868); to the Com- Sviatoslav (Shevchuk)—Archbishop, Mr. Speaker, I call on my colleagues to act mittee on Financial Services. The Ukrainian Greek Catholic Church; on this legislation in an expeditious manner 3580. A letter from the Director, Office of Marcos (Oganesyan)—Bishop, Ukrain- and bring it to the Floor for a vote. Legislative Affairs, Legal, Federal Deposit ian Diocese of the Armenian Apostolic We cannot let our Ukrainian allies on the Insurance Corporation, transmitting the Corporation’s final rule — Removal of Trans- Church; Vyacheslav Horpynchuk— frontlines defend their freedom and sov- Bishop, Ukrainian Lutheran Church; ferred OTS Regulations Regarding Fair Cred- Onufry (Berezovsky)—Metropolitan ereignty without meaningful support. The Ad- it Reporting and Amendments; Amendment Ukrainian Orthodox Church; Filaret ministration must follow through on our word. to the ‘‘Creditor’’ Definition in Identity (Denisenko)—Patriarch Filaret, Patri- Again, I thank Congresswoman KAPTUR for Theft Red Flags Rule; Removal of FDIC Reg- arch of Kyiv and All Rus-Ukraine, organizing tonight’s special order and her un- ulations Regarding Fair Credit Reporting Ukrainian Orthodox Church Kiev Pa- wavering dedication to Ukraine and the Transferred to the Consumer Financial Pro- triarchate; Nosov Stanislav Ukrainian-American community. tection Bureau (RIN: 3064-AE29) received No- Viktorovich—President, The Ukrainian vember 24, 2015, pursuant to 5 U.S.C. Union Conference of Seventh-Day Ad- f 801(a)(1)(A); Added by Public Law 104-121, ventists; Padun Leonid Nikolaevich— SENATE ENROLLED BILL SIGNED Sec. 251; (110 Stat. 868); to the Committee on Senior Bishop, Ukrainian Christian Financial Services. Evangelical Church. The Speaker announced his signature 3581. A letter from the Secretary, Depart- ment of Education, transmitting the Depart- The SPEAKER pro tempore. Without to an enrolled bill of the Senate of the following title: ment’s final regulations — Program Integ- objection, all Members will have 5 leg- rity Issues [Docket ID: ED-2010-OPE-0004] islative days within which to revise S. 611. An act to amend the Safe Drinking (RIN: 1840-AD02) received November 24, 2015, and extend their remarks and insert Water Act to reauthorize technical assist- pursuant to 5 U.S.C. 801(a)(1)(A); Added by ance to small public water systems, and for extraneous material into the RECORD Public Law 104-121, Sec. 251; (110 Stat. 868); to other purposes. on the topic of this Special Order. the Committee on Education and the Work- There was no objection. f force. Ms. KAPTUR. Mr. Speaker, I yield 3582. A letter from the Acting Director, Of- ADJOURNMENT back the balance of my time. fice of Personnel Management, transmitting Mr. COSTELLO of Pennsylvania. Mr. Ms. KAPTUR. Mr. Speaker, I move the Office’s final rule — General Schedule Locality Pay Areas (RIN: 3206-AM88) re- Speaker, I want to thank the gentlewoman that the House do now adjourn. ceived November 25, 2015, pursuant to 5 from Ohio, Ms. KAPTUR, for organizing this The motion was agreed to; accord- U.S.C. 801(a)(1)(A); Added by Public Law 104- Special Order this evening and bringing this ingly (at 8 o’clock and 45 minutes 121, Sec. 251; (110 Stat. 868); to the Committee important alliance with Ukraine to the forefront. p.m.), under its previous order, the on Oversight and Government Reform. The Ukrainian heritage, and its people, play House adjourned until tomorrow, 3583. A letter from the Acting Director, Of- a critical role in the cultural fabric of South- Wednesday, December 2, 2015, at 10 a.m. fice of Personnel Management, transmitting eastern Pennsylvania. for morning-hour debate. the Office’s final rule — Federal Long Term Just this morning, I had the privilege to Care Insurance Program Eligibility Changes f meet with Ukrainian Ambassador to the United (RIN: 3206-AN05) received November 24, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Added by States Valeriy Chaly and reaffirm our support EXECUTIVE COMMUNICATIONS, Public Law 104-121, Sec. 251; (110 Stat. 868); to for the sovereignty, territorial integrity, and ETC. the Committee on Oversight and Govern- freedom of Ukraine. Under clause 2 of rule XIV, executive ment Reform. Mr. Speaker, our relationship with Ukraine is communications were taken from the 3584. A letter from the Acting Director, Of- fice of Sustainable Fisheries, NMFS, Na- vital to our national security interest and we Speaker’s table and referred as follows: must continue to foster strong bilateral rela- tional Oceanic and Atmospheric Administra- 3576. A letter from the Director, Office of tion, transmitting the Administration’s tem- tions as Ukraine continues to face threats to Legislative Affairs, Federal Deposit Insur- its status as a sovereign nation. porary rule — Atlantic Highly Migratory ance Corporation, transmitting the Corpora- Species; Atlantic Bluefin Tuna Fisheries So long as Russia continues to pose a de- tion’s final rule — Nondiscrimination on the [Docket No.: 150121066-5717-02] (RIN: 0648- stabilizing force at Ukraine’s borders and sup- Basis of Disability Minority and Women Out- XE242) received November 24, 2015, pursuant ports rebel groups in Eastern Ukraine, Con- reach Program Contracting (RIN: 3064-AE35) to 5 U.S.C. 801(a)(1)(A); Added by Public Law gress and the Administration must remain received November 24, 2015, pursuant to 5 104-121, Sec. 251; (110 Stat. 868); to the Com- steadfast in our support for the Ukrainian peo- U.S.C. 801(a)(1)(A); Added by Public Law 104- mittee on Natural Resources. ple and their freedom. 121, Sec. 251; (110 Stat. 868); to the Committee 3585. A letter from the Acting Director, Of- The Administration must follow through on on Financial Services. fice of Sustainable Fisheries, NMFS, Na- the commitment set forth in the Ukraine Free- 3577. A letter from the Director, Office of tional Oceanic and Atmospheric Administra- Legislative Affairs, Legal, Federal Deposit dom Support Act of 2014 to provide Ukraine tion, transmitting the Administration’s tem- Insurance Corporation, transmitting the porary rule — Fisheries of the Northeastern with much-needed military aid, both lethal and Corporation’s final rule — Removal of Trans- United States; Atlantic Herring Fishery; 2015 non-lethal. ferred OTS Regulations Regarding Safety Management Area 1A Seasonal Annual Catch Reportedly, not even half the aid authorized and Soundness Guidelines and Compliance Limit Harvested [Docket No.: 130919816-4205- last December has been delivered. Further, a Procedures; Rules on Safety and Soundness 02] (RIN: 0648-XE292) received November 24, recent article in the Washington Post noted (RIN: 3064-AE28) received November 24, 2015, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Added that the quality of the U.S. supplied gear, in- pursuant to 5 U.S.C. 801(a)(1)(A); Added by by Public Law 104-121, Sec. 251; (110 Stat. cluding Humvees, is ‘‘little more than junk’’— Public Law 104-121, Sec. 251; (110 Stat. 868); to 868); to the Committee on Natural Resources. there is barely any protection on the windows the Committee on Financial Services. 3586. A letter from the Acting Director, Of- 3578. A letter from the Director, Office of fice of Sustainable Fisheries, NMFS, Na- and doors—while the non-lethal military aid Legislative Affairs, Legal, Federal Deposit tional Oceanic and Atmospheric Administra- provided to protect Ukraine military forces is Insurance Corporation, transmitting the tion, transmitting the Administration’s tem- obsolete. Corporation’s final rule — Filing Require- porary rule — Snapper-Grouper Fishery of Mr. Speaker, this is unacceptable and our ments and Processing Procedures for the South Atlantic; 2015 Commercial Ac- allies deserve better. Changes in Control With Respect to State countability Measure and Closure for South

VerDate Sep 11 2014 07:24 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00210 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.073 H01DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 1, 2015 CONGRESSIONAL RECORD — HOUSE H8859 Atlantic Yellowtail Snapper [Docket No.: and promote energy efficiency and govern- frastructure, and Veterans’ Affairs, for a pe- 100812345-2142-03] (RIN: 0648-XE216) received ment accountability, and for other purposes, riod to be subsequently determined by the November 24, 2015, pursuant to 5 U.S.C. and providing for consideration of the con- Speaker, in each case for consideration of 801(a)(1)(A); Added by Public Law 104-121, ference report to accompany the bill (S. 1177) such provisions as fall within the jurisdic- Sec. 251; (110 Stat. 868); to the Committee on to reauthorize the Elementary and Sec- tion of the committee concerned. Natural Resources. ondary Education Act of 1965 to ensure that By Mr. ENGEL: 3587. A letter from the Director, Office of every child achieves (Rept. 114–359). Referred H.R. 4145. A bill to require the Comptroller Sustainable Fisheries, NMFS, National Oce- to the House Calendar. General of the United States to conduct a anic and Atmospheric Administration, trans- study of, and report to the Congress on, se- f mitting the Administration’s temporary rule cure gun storage or safety devices; to the — Fisheries of the Exclusive Economic Zone PUBLIC BILLS AND RESOLUTIONS Committee on the Judiciary. Off Alaska; Reallocation of Pacific Cod in By Ms. LOFGREN: the Bering Sea and Aleutian Islands Manage- Under clause 2 of rule XII, public H.R. 4146. A bill to authorize the Secretary ment Area [Docket No.: 141021887-5172-02] bills and resolutions of the following of Education to provide grants for education (RIN: 0648-XE269) received November 24, 2015, titles were introduced and severally re- programs on the history of the treatment of pursuant to 5 U.S.C. 801(a)(1)(A); Added by ferred, as follows: Italian Americans during World War II; to Public Law 104-121, Sec. 251; (110 Stat. 868); to By Mr. MILLER of Florida (for himself, the Committee on Education and the Work- force. the Committee on Natural Resources. Mr. BRIDENSTINE, and Mr. COSTELLO 3588. A letter from the Acting Director, Of- of Pennsylvania): By Ms. LOFGREN: H.R. 4147. A bill to apologize for the treat- fice of Sustainable Fisheries, NMFS, Na- H.R. 4138. A bill to authorize the Secretary ment of Italian Americans during World War tional Oceanic and Atmospheric Administra- of Veterans Affairs to recoup relocation ex- II; to the Committee on the Judiciary. tion, transmitting the Administration’s tem- penses paid to or on behalf of employees of By Mrs. CAROLYN B. MALONEY of porary rule — Fisheries of the Exclusive Eco- the Department of Veterans Affairs; to the New York (for herself, Mr. GRIJALVA, nomic Zone Off Alaska; Inseason Adjustment Committee on Veterans’ Affairs, and in addi- Mr. JOHNSON of Georgia, Ms. MOORE, to the 2015 Gulf of Alaska Pollock Seasonal tion to the Committee on Oversight and Gov- and Mr. CONYERS): Apportionments [Docket No.: 140918791-4999- ernment Reform, for a period to be subse- H.R. 4148. A bill to authorize assistance to 02] (RIN: 0648-XE293) received November 24, quently determined by the Speaker, in each aid in the prevention and treatment of ob- 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Added case for consideration of such provisions as stetric fistula in foreign countries, and for by Public Law 104-121, Sec. 251; (110 Stat. fall within the jurisdiction of the committee other purposes; to the Committee on Foreign 868); to the Committee on Natural Resources. concerned. Affairs. 3589. A letter from the Acting Director, Of- By Ms. SINEMA (for herself and Mr. fice of Sustainable Fisheries, NMFS, Na- By Mr. RICE of South Carolina: FITZPATRICK): H.R. 4149. A bill to amend the Federal tional Oceanic and Atmospheric Administra- H.R. 4139. A bill to amend the Sarbanes- tion, transmitting the Administration’s tem- Water Pollution Control Act with respect to Oxley Act of 2002 to provide a temporary ex- citizen suits and the specification of disposal porary rule — Fisheries of the Northeastern emption for low-revenue issuers from certain United States; Atlantic Herring Fishery; sites, and for other purposes; to the Com- auditor attestation requirements; to the mittee on Transportation and Infrastruc- Georges Bank Haddock Catch Cap Harvested Committee on Financial Services. [Docket No.: 130919816-4205-02] (RIN: 0648- ture. By Mr. GUINTA (for himself and Ms. By Mr. RUIZ (for himself and Mr. XE266) received November 24, 2015, pursuant SINEMA): to 5 U.S.C. 801(a)(1)(A); Added by Public Law WENSTRUP): H.R. 4140. A bill to provide for a one-time H.R. 4150. A bill to amend title 38, United 104-121, Sec. 251; (110 Stat. 868); to the Com- supplementary payment to beneficiaries of States Code, to allow the Secretary of Vet- mittee on Natural Resources. Social Security and Veterans benefits, and erans Affairs to modify the hours of employ- f for other purposes; to the Committee on ment of physicians and physician assistants Ways and Means, and in addition to the Com- REPORTS OF COMMITTEES ON employed on a full-time basis by the Depart- mittees on Veterans’ Affairs, Transportation ment of Veterans Affairs; to the Committee PUBLIC BILLS AND RESOLUTIONS and Infrastructure, Appropriations, Energy on Veterans’ Affairs. Under clause 2 of rule XIII, reports of and Commerce, and Financial Services, for a By Mr. SIMPSON: committees were delivered to the Clerk period to be subsequently determined by the H.R. 4151. A bill to amend chapter 2003 of Speaker, in each case for consideration of title 54, United States Code, to fund the for printing and reference to the proper such provisions as fall within the jurisdic- calendar, as follows: Land and Water Conservation Fund and pro- tion of the committee concerned. vide for the use of such funds, and for other Mr. KLINE: Committee on Education and By Mrs. BLACK (for herself and Mr. purposes; to the Committee on Natural Re- the Workforce. H.R. 3459. A bill to clarify the MEEHAN): sources, and in addition to the Committee on treatment of two or more employers as joint H.R. 4141. A bill to ensure that tax return Agriculture, for a period to be subsequently employers under the National Labor Rela- preparers demonstrate minimum standards determined by the Speaker, in each case for tions Act; with an amendment (Rept. 114– of competency; to the Committee on Ways consideration of such provisions as fall with- 355). Referred to the Committee of the Whole and Means. in the jurisdiction of the committee con- House on the state of the Union. By Mr. AGUILAR: cerned. Mr. MILLER of Florida: Committee on H.R. 4142. A bill to amend the Trade Act of By Mr. ROSKAM (for himself, Mr. Veterans’ Affairs. H.R. 189. A bill to extend 1974 to increase the authorization of funds DEUTCH, Mr. LIPINSKI, Mr. POMPEO, foreclosure and eviction protections for for trade adjustment assistance for firms; to Mr. SHERMAN, and Mr. ZELDIN): servicemembers, and for other purposes the Committee on Ways and Means. H. Con. Res. 100. Concurrent resolution ex- (Rept. 114–356). Referred to the Committee of By Mr. DESANTIS: pressing the sense of the Congress regarding the Whole House on the state of the Union. H.R. 4143. A bill to temporarily restrict the the right of States and local governments to Mr. SHUSTER: Committee of Conference. admission to the United States of refugees maintain economic sanctions against Iran; Conference report on H.R. 22. A bill to amend from countries containing terrorist-con- to the Committee on Foreign Affairs. the Internal Revenue Code of 1986 to exempt trolled territory; to the Committee on the By Mr. TURNER (for himself, Ms. LO- employees with health coverage under Judiciary, and in addition to the Committee RETTA SANCHEZ of California, Mr. TRICARE or the Veterans Administration on Foreign Affairs, for a period to be subse- MILLER of Florida, Mrs. WALORSKI, from being taken into account for purposes quently determined by the Speaker, in each Mr. ROGERS of Alabama, Mr. DUNCAN of determining the employers to which the case for consideration of such provisions as of Tennessee, Mr. SHUSTER, Mr. KING employer mandate applies under the Patient fall within the jurisdiction of the committee of Iowa, Mr. YOUNG of Indiana, and Protection and Affordable Care Act (Rept. concerned. Mr. ADERHOLT): 114–357). Ordered to be printed. By Ms. DUCKWORTH (for herself, Mr. H. Res. 543. A resolution celebrating 135 Mr. MILLER of Florida: Committee on MURPHY of Florida, Mr. JOHNSON of years of diplomatic relations between the Veterans’ Affairs. H.R. 3016. A bill to amend Georgia, Mr. BRENDAN F. BOYLE of United States and Romania; to the Com- title 38, United States Code, to clarify the Pennsylvania, Mr. CONYERS, Ms. mittee on Foreign Affairs. role of podiatrists in the Department of Vet- WASSERMAN SCHULTZ, Mr. GRIJALVA, By Mr. YOHO (for himself, Mr. GOSAR, erans Affairs; with amendments (Rept. 114– Mr. ASHFORD, Ms. SCHAKOWSKY, and Mr. WALKER, Mr. BENISHEK, and Mr. 358). Referred to the Committee of the Whole Mr. ELLISON): FITZPATRICK): House on the state of the Union. H.R. 4144. A bill to provide for a supple- H. Res. 544. A resolution expressing the Mr. BURGESS: Committee on Rules. House mentary payment to Social Security bene- sense of the House of Representatives that Resolution 542. Resolution providing for con- ficiaries, supplemental security income the President should submit any binding and sideration of the bill (H.R. 8) to modernize beneficiaries, and recipients of veterans ben- universal agreement on climate change energy infrastructure, build a 21st century efits, and for other purposes; to the Com- adopted at the Conference of the Parties energy and manufacturing workforce, bolster mittee on Ways and Means, and in addition (‘‘COP21’’) of the United Nations Framework America’s energy security and diplomacy, to the Committees on Transportation and In- Convention on Climate Change to the Senate

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as a treaty under article II, section 2, clause Congress has the power to enact this legis- H.R. 1061: Mr. LOWENTHAL, Mr. AGUILAR, 2 of the Constitution; to the Committee on lation pursuant to: and Mr. LEVIN. Foreign Affairs. U.S. Const. Art. I § 1. H.R. 1076: Mr. DOLD, Mr. LARSON of Con- f By Ms. LOFGREN: necticut, Ms. MCCOLLUM, Mr. DESAULNIER, H.R. 4146. Mr. COHEN, Ms. MICHELLE LUJAN GRISHAM of MEMORIALS Congress has the power to enact this legis- New Mexico, Mr. NADLER, Mr. SCHIFF, Mr. Under clause 3 of rule XII, lation pursuant to the following: PAYNE, Mr. PRICE of North Carolina, Mr. Article I, Section 8, Clause 18: To make all PASCRELL, Mr. COURTNEY, Ms. ESTY, Mr. 157. The SPEAKER presented a memorial laws that shall be necessary and proper for NORCROSS, Ms. BONAMICI, and Mr. KENNEDY. of the Legislature of the State of Tennessee, carrying into execution the foregoing pow- H.R. 1145: Mr. PETERSON and Mr. NOLAN. relative to House Joint Resolution No. 548, ers, and all powers vested by this Constitu- H.R. 1197: Mr. RUPPERSBERGER and Mr. requesting the Congress of the United States tion in the government of the United States, TAKAI. call a convention of the States to propose or in any department or officer thereof. H.R. 1220: Mr. REICHERT. amendments to the Constitution of the By Ms. LOFGREN: H.R. 1282: Mr. CUMMINGS. United States; which was referred to the H.R. 4147. H.R. 1283: Mrs. NAPOLITANO. Committee on the Judiciary. Congress has the power to enact this legis- H.R. 1288: Ms. BROWNLEY of California, Mr. f lation pursuant to the following: MCCAUL, Mr. PASCRELL, Mr. LEWIS, and Mr. Article I, Section 5, Clause 2: Each House MURPHY of Florida. CONSTITUTIONAL AUTHORITY may determine the rules of its proceedings, H.R. 1454: Ms. BONAMICI. STATEMENT punish its members for disorderly behavior, H.R. 1519: Mr. DEFAZIO. Pursuant to clause 7 of rule XII of and, with the concurrence of two thirds, H.R. 1559: Mr. BLUM. the Rules of the House of Representa- expel a member. H.R. 1571: Mrs. BEATTY and Ms. DUCKWORTH. tives, the following statements are sub- By Mrs. CAROLYN B. MALONEY of New York: H.R. 1591: Mr. GROTHMAN. mitted regarding the specific powers H.R. 4148. H.R. 1608: Mr. SCHRADER, Mrs. BLACK, Ms. granted to Congress in the Constitu- Congress has the power to enact this legis- KAPTUR, and Mr. MCHENRY. tion to enact the accompanying bill or lation pursuant to the following: H.R. 1671: Mr. KING of Iowa and Mr. GAR- joint resolution. Article 1, Section 8, Clause 3, which reads: RETT. CHAKOWSKY. By Mr. MILLER of Florida: To regulate Commerce with foreign Nations, H.R. 1714: Ms. S H.R. 1763: Mrs. KIRKPATRICK, Mr. TONKO, H.R. 4138. and among the several States, and with In- and Mr. FITZPATRICK. Congress has the power to enact this legis- dian Tribes H.R. 1786: Mrs. NOEM. lation pursuant to the following: By Mr. RICE of South Carolina: H.R. 1814: Mr. EMMER of Minnesota. Article 1, Section 8 of the United States H.R. 4149. H.R. 1818: Mr. FRELINGHUYSEN. Constitution. Congress has the power to enact this legis- H.R. 1942: Mr. HIGGINS, Ms. KELLY of Illi- By Ms. SINEMA: lation pursuant to the following: nois, and Mr. COURTNEY. H.R. 4139. Article I, Section 8, Clause I H.R. 1945: Miss RICE of New York. Congress has the power to enact this legis- By Mr. RUIZ: H.R. 1988: Mr. JOYCE. lation pursuant to the following: H.R. 4150. H.R. 2050: Mr. ENGEL and Mr. COFFMAN. Article I, Section 8, Clause 3; Article I, Congress has the power to enact this legis- H.R. 2058: Mr. NEUGEBAUER and Mr. SAN- Section 8, Clause 18 lation pursuant to the following: FORD. By Mr. GUINTA: Article I, Section 8 of the United States H.R. 2063: Ms. SCHAKOWSKY. H.R. 4140. Constitution. H.R. 2095: Mr. GRAYSON. Congress has the power to enact this legis- By Mr. SIMPSON: H.R. 2215: Mr. LABRADOR. lation pursuant to the following: H.R. 4151. H.R. 2218: Mr. KATKO. Article I, Section 8, Clause 18—The Con- Congress has the power to enact this legis- H.R. 2302: Mr. DANNY K. DAVIS of Illinois gress shall have power to make all laws lation pursuant to the following: and Ms. SCHAKOWSKY. which shall be necessary and proper for car- ‘‘The constitutional authority of Congress H.R. 2460: Mr. DONOVAN and Mr. MEEKS. rying into execution the foregoing powers to enact this legislation is provided by Arti- cle I, section 8 of the United States Constitu- H.R. 2513: Mr. CRAWFORD and Mr. and all other powers vested by this constitu- BRIDENSTINE. tion in the govenunent of the United States tion, specifically clause 1 (relating to pro- viding for the general welfare of the United H.R. 2515: Mr. ROTHFUS, Ms. KUSTER, and or in any department or officer thereof. Mrs. KIRKPATRICK. By Mrs. BLACK: States) and clause 18 (relating to the power to make all laws necessary and proper for H.R. 2540: Mrs. MCMORRIS RODGERS and Mr. H.R. 4141. RUSH. Congress has the power to enact this legis- carrying out the powers vested in Congress), and Article IV, section 3, clause 2 (relating H.R. 2568: Mr. ROYCE. lation pursuant to the following: H.R. 2612: Ms. MATSUI and Ms. BONAMICI. to the power of Congress to dispose of and Article I, Section 8, Clause 18 of the United H.R. 2640: Ms. LINDA T. SA´ NCHEZ of Cali- make all needful rules and regulations re- States Constitution. fornia. specting the territory or other property be- By Mr. AGUILAR: H.R. 2641: Ms. DELAURO. longing to the United States).’’ H.R. 4142. H.R. 2671: Mr. RYAN of Ohio. Congress has the power to enact this legis- f H.R. 2672: Mr. RYAN of Ohio. lation pursuant to the following: H.R. 2673: Mr. RYAN of Ohio. Article 1, section 8, clause 18 of the United ADDITIONAL SPONSORS H.R. 2674: Mr. RYAN of Ohio. States Constitution. Under clause 7 of rule XII, sponsors H.R. 2698: Mr. DUFFY. By Mr. DESANTIS: were added to public bills and resolu- H.R. 2715: Ms. ADAMS and Mr. DELANEY. H.R. 4143. H.R. 2716: Mr. WILLIAMS. tions, as follows: Congress has the power to enact this legis- H.R. 2739: Mr. CARTER of Georgia and Mr. lation pursuant to the following: H.R. 158: Mr. LOUDERMILK and Mrs. KIRK- KILDEE. Article I, Section 8 of the United States PATRICK. H.R. 2775: Mr. CAPUANO. Constitution. H.R. 188: Mr. DANNY K. DAVIS of Illinois. H.R. 2805: Mr. BEN RAY LUJA´ N of New Mex- By Ms. DUCKWORTH: H.R. 472: Mr. TAKANO. ico. H.R. 4144. H.R. 503: Mr. SAM JOHNSON of Texas. H.R. 2811: Ms. DEGETTE. Congress has the power to enact this legis- H.R. 540: Mr. BEYER. H.R. 2858: Mr. GIBSON. lation pursuant to the following: H.R. 551: Ms. EDDIE BERNICE JOHNSON of H.R. 2880: Mr. CLYBURN, Mr. LOUDERMILK, The constitutional authority of Congress Texas. and Mr. VEASEY. to enact this legislation is provided by Arti- H.R. 646: Mr. HIMES. H.R. 2894: Ms. LOFGREN. cle I, Section 8, Clause 18 of the United H.R. 686: Mr. ROSS. H.R. 2896: Mr. ASHFORD. States Constitution which gives Congress H.R. 775: Mr. RIBBLE, Mr. KENNEDY, and Mr. H.R. 2900: Mr. MCDERMOTT. the authority to ‘‘make all Laws which shall SHUSTER. H.R. 2903: Mrs. TORRES and Mr. DOLD. be necessary and proper for carrying into H.R. 800: Mr. YOUNG of Indiana. H.R. 2911: Mr. RUPPERSBERGER, Mr. YOUNG Execution the foregoing Powers, and all H.R. 816: Mr. NEWHOUSE. of Indiana, Ms. ESHOO, and Mr. RIBBLE. other Powers vested by the Constitution in H.R. 855: Mr. BILIRAKIS. H.R. 2980: Mr. KILMER. the Government of the United States, or in H.R. 865: Mrs. LOVE. H.R. 2982: Mr. LANGEVIN. any Department or Office thereof.’’ H.R. 879: Mrs. LOVE and Mrs. BROOKS of In- H.R. 3026: Mr. VALADAO. By Mr. ENGEL: diana. H.R. 3036: Mrs. MIMI WALTERS of California, H.R. 4145. H.R. 911: Mr. DAVID SCOTT of Georgia. Mr. ROHRABACHER, Mr. VELA, Mr. KNIGHT, Congress has the power to enact this legis- H.R. 986: Ms. MCSALLY. Mr. SARBANES, and Mr. RANGEL. lation pursuant to the following: H.R. 999: Mr. SCHRADER and Mr. SESSIONS. H.R. 3046: Mr. HUFFMAN.

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H.R. 3061: Mr. GARAMENDI. KILDEE, Ms. JENKINS of Kansas, and Mr. H. J. Res. 74: Mr. ROE of Tennessee. H.R. 3222: Mr. HOLDING, Mr. PALMER, Mr. POMPEO. H. Con. Res. 97: Mr. LOUDERMILK and Mrs. WILLIAMS, Mr. GOODLATTE, and Mr. RIGELL. H.R. 3841: Ms. TITUS and Mr. SCOTT of Vir- MIMI WALTERS of California. H.R. 3225: Mr. HUFFMAN. ginia. H. Res. 12: Mrs. LOVE. H.R. 3229: Mr. PAULSEN, Mr. TONKO, Mr. H.R. 3845: Mrs. HARTZLER, Mr. ABRAHAM, H. Res. 32: Ms. ESTY. DOGGETT, and Mr. DOLD. and Mr. STIVERS. H. Res. 54: Mr. ROYCE, Mrs. LOVE, and Ms. H.R. 3238: Mr. WEBER of Texas. H.R. 3848: Mr. UPTON. SEWELL of Alabama. H.R. 3314: Mr. HURT of Virginia. H.R. 3863: Mr. SANFORD and Ms. LOFGREN. H. Res. 318: Mr. DELANEY. H.R. 3316: Mr. AGUILAR, Mr. MEEHAN, and H.R. 3878: Mr. RICHMOND and Mr. H. Res. 398: Mr. HUELSKAMP. Mr. BEYER. LOWENTHAL. H. Res. 467: Mr. DAVID SCOTT of Georgia H.R. 3326: Mr. GRAVES of Georgia and Mr. H.R. 3917: Ms. FRANKEL of Florida, Mr. and Ms. VELA´ ZQUEZ. TROTT. PEARCE, Mr. OLSON, and Mr. HUDSON. H. Res. 508: Ms. LOFGREN. H.R. 3339: Mr. FATTAH and Mrs. NOEM. H.R. 3919: Mr. MCGOVERN. H. Res. 534: Mr. GOSAR, Mr. SCHRADER, Ms. H.R. 3355: Mr. DOLD. H.R. 3940: Mr. HUELSKAMP, Mrs. NOEM, Mr. DELAURO, Mr. DUNCAN of Tennessee, Mr. H.R. 3399: Ms. MCCOLLUM and Mr. WELCH. GUTHRIE, and Mr. BISHOP of Utah. BEYER, Ms. SLAUGHTER, Mr. GRAVES of Lou- H.R. 3426: Mr. FATTAH. H.R. 4000: Mr. SHIMKUS, Mr. GUTHRIE, and isiana, and Ms. HERRERA BEUTLER. H.R. 3459: Mrs. LOVE and Mr. NEWHOUSE. Mr. COLLINS of New York. H. Res. 535: Mr. HONDA. H.R. 3539: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 4007: Mr. BROOKS of Alabama. H. Res. 537: Mr. HUELSKAMP. fornia. H.R. 4008: Mr. GRIJALVA. H. Res. 540: Mr. MCDERMOTT, Mr. SERRANO, H.R. 3556: Mr. DESAULNIER. H.R. 4018: Mr. DIAZ-BALART and Mrs. and Ms. JUDY CHU of California. H.R. 3565: Ms. LOFGREN. BLACKBURN. H.R. 3569: Ms. DUCKWORTH. H.R. 4029: Mr. BRADY of Pennsylvania and f H.R. 3591: Mr. DOLD and Mr. JOHNSON of Mr. GARAMENDI. Georgia. H.R. 4032: Mr. JODY B. HICE of Georgia, Mr. CONGRESSIONAL EARMARKS, LIM- H.R. 3626: Mr. GOODLATTE. ROUZER, Mr. SAM JOHNSON of Texas, Mr. ITED TAX BENEFITS, OR LIM- H.R. 3632: Ms. ESHOO and Mr. SIRES. POSEY, and Mr. DESJARLAIS. ITED TARIFF BENEFITS H.R. 3638: Mr. DOLD. H.R. 4055: Ms. MATSUI, Ms. MOORE, Mr. Under clause 9 of rule XXI, lists or H.R. 3640: Mr. KATKO. MCDERMOTT, Mr. SERRANO, and Mr. Pascrell. statements on congressional earmarks, H.R. 3666: Ms. KUSTER. H.R. 4062: Mr. PASCRELL. H.R. 3706: Mrs. MCMORRIS RODGERS and Ms. H.R. 4068: Mr. RYAN of Ohio and Ms. JACK- limited tax benefits, or limited tariff MICHELLE LUJAN GRISHAM of New Mexico. SON LEE. benefits were submitted as follows: H.R. 3722: Mr. AUSTIN SCOTT of Georgia. H.R. 4078: Mr. MILLER of Florida. OFFERED BY MR. UPTON H.R. 3741: Mr. MOULTON. H.R. 4085: Mr. HARPER, Mr. JOYCE, Mr. RAN- The Manager’s amendment to be offered to H.R. 3742: Mr. WITTMAN, Mr. STIVERS, Ms. GEL, Ms. MICHELLE LUJAN GRISHAM of New H.R. 8, North American Energy Security and KAPTUR, and Mrs. KIRKPATRICK. Mexico, Mr. COHEN, and Mr. AUSTIN SCOTT of Infrastructure Act of 2015, by Representative H.R. 3764: Mr. GOODLATTE. Georgia. Upton Michigan, or a designee, does not con- H.R. 3765: Mr. SCHWEIKERT. H.R. 4087: Mr. HONDA and Mr. WILSON of tain any congressional earmarks, limited tax H.R. 3784: Mr. FINCHER. South Carolina. benefits, or limited tariff benefits as defined H.R. 3802: Mr. SCHWEIKERT. H.R. 4126: Mr. SMITH of Missouri. in clause 9 of rule XXI. H.R. 3808: Mr. WESTMORELAND, Mr. BUCK, H.R. 4135: Mr. FOSTER, Mr. NADLER, Mr. Mr. BARR, Mr. TIPTON, Mr. MULVANEY, Mr. MURPHY of Florida, Mr. PERLMUTTER, and OFFERED BY MR. KLINE LUCAS, Mr. PITTENGER, Mr. PEARCE, Mr. Mr. SWALWELL of California. The Conference Report to the bill S. 1177 DAVID SCOTT of Georgia, Mr. HULTGREN, Mr. H. J. Res. 22: Mr. PAYNE and Mr. does not contain any congressional ear- LAMBORN, Mr. COFFMAN, Mr. MARCHANT, Mr. DESAULNIER. marks, limited tax benefits, or limited tariff EMMER of Minnesota, Mr. BRIDENSTINE, Mr. H. J. Res. 47: Mr. HUFFMAN. benefits as defined in clause 9 of rule XXI.

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Vol. 161 WASHINGTON, TUESDAY, DECEMBER 1, 2015 No. 173 Senate The Senate met at 10 a.m. and was the American people continue to op- measure lands right on his desk. When called to order by the President pro pose this unprecedented Democratic the President picks up his pen, he will tempore (Mr. HATCH). attack on their health care. Is it any have a real choice to make. He may de- f wonder? When Americans think cide to stick to his rhetoric that the ObamaCare, they think increased law is working better than even he in- PRAYER costs, runaway premiums, surging tended and veto the bill, but he should The Chaplain, Dr. Barry C. Black, of- deductibles, and tax hikes on the mid- instead decide to finally stand with the fered the following prayer: dle class. When Americans think middle class that has suffered enough Let us pray. ObamaCare, they think decreased from this failed law and actually sign God of grace and glory, on Your peo- choice, fewer doctors, far-away hos- it. We will see. It is a choice the Presi- ple place Your power. As we turn our pitals, and a frightening scarcity of op- dent has never faced before. It is a hands and hearts in grateful praise to tions for too many when they get sick. choice he is going to face after Senate You, use us for Your glory. When Americans think ObamaCare, action this week. Touch our Senators. Lift them from they think broken promises and end- f valleys of pessimism as You fill them less failure, imploding State-based ex- ACCOMPLISHMENTS OF THE NEW with Your abiding hope. Prepare them changes, collapsing co-ops, insurers SENATE to receive Your best gifts, helping eyeing the exit door, fewer jobs, and Mr. MCCONNELL. Mr. President, on them to remember that You are able to the lie of the year: If you like your another matter, the new Republican health care plan, you can keep it. It is do more than they can ask for or imag- Senate has been working hard to get ine. not as though ObamaCare’s structural Congress back to work over the past Thank You that You are the beginner failures are just going to go away. year. We have obviously had a lot of of our yesterdays, the mystery of our They are baked right into the law. success. As I noted yesterday, the new today, and the hope for our tomorrows. They only seem to get worse as time Republican Senate will soon pass two We pray in Your sovereign Name. moves along. very significant bipartisan bills for a Amen. Just as we have seen costs rise, second and final time: the bipartisan f choices narrow, and failures mount, we multiyear highway bill and the bipar- have seen congressional Democrats PLEDGE OF ALLEGIANCE tisan replacement for No Child Left Be- block attempts to start over with real hind. We will send them to the Presi- The President pro tempore led the health care reform. Well, this week we dent for his signature. Pledge of Allegiance, as follows: finally have a chance to vote to end These are the latest examples of a I pledge allegiance to the Flag of the ObamaCare’s cycle of broken promises new Congress that is back to work on United States of America, and to the Repub- and failures with just 51 votes. This behalf of the American people. They lic for which it stands, one nation under God, week we will take up the Restoring are hardly the only examples we will be indivisible, with liberty and justice for all. Americans’ Healthcare Freedom Rec- talking about. Take another important f onciliation Act of 2015 that already issue that languished for too long but passed the House of Representatives. It passed the new Senate: cyber security. RECOGNITION OF THE MAJORITY is a bill that will take the first steps By a vote of 74 to 21, we ended years of LEADER necessary to build a bridge away from Senate inaction on this issue by pass- The PRESIDING OFFICER (Mr. COT- ObamaCare. By building upon the ing an important bipartisan cyber se- TON). The majority leader is recog- House’s good work, this bill will also curity bill that even the White House nized. save billions in spending and eliminate has endorsed. That bill was the product f more than a $1 trillion tax burden on of a lot of hard work by the top Repub- the American people. lican and the top Democrat on the In- RESTORING AMERICANS’ HEALTH- By employing the same tactics telligence Committee. I am glad that CARE FREEDOM RECONCILIATION Democrats used to help get ObamaCare the new, more open, and more inclusive ACT across the finish line, this bill will not Republican Senate made their coopera- Mr. MCCONNELL. Mr. President, be subject to a filibuster. In other tion possible because even though the when Washington Democrats passed words, it cannot be blocked by defend- old forces of gridlock tried to trip that ObamaCare over the objections of the ers of ObamaCare’s failed status quo. bill up several times along the way, we American people, they were confident In other words, the President cannot be kept moving forward, and we always Americans would soon warm up to this shielded from the weighty decision he knew we were doing the right thing for new law, but more than 5 years later, will finally have to make when this the American people.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S8197

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VerDate Sep 11 2014 02:03 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01DE6.000 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8198 CONGRESSIONAL RECORD — SENATE December 1, 2015 My hope is that we can ultimately keeps reducing its projections of the future [Dennis Blackburn] has a hereditary liver get this bill into conference and send it cost of federal health programs like Medi- disorder, numbness in his hands and legs, to the President closer to its current care. As of October, projections for federal back pain from folding his 6-foot-1-inch form because the challenges posed by health care spending in the year 2020 were frame into 29-inch mine shafts as a young $175 billion lower than projections made in man, plus an abnormal heart rhythm—the cyber attacks are real and they are August 2010. That would be a huge budget likely vestige of having been struck by light- growing. A cyber attack can be a deep- improvement. ning 15 years ago in his tin-roofed farm- ly invasive attack on personal privacy. ‘‘Historic lows’’ and hundreds of bil- house. The voluntary information sharing lions of dollars saved by the Federal Blackburn was making small payments on an MRI he’d gotten at Pikeville Medical Cen- provisions in the bill we passed are key Government tell me that ObamaCare is to defeating cyber attacks and pro- ter, the only hospital in a 150-mile radius, working. when he heard about Big Sandy’s Shelby tecting the personal information of the Enough of this haranguing about people we represent. Valley Clinic. There he met Fleming, who ObamaCare from my Republican friend. helped him sign up for one of the managed- f One need only go home and people care Medicaid plans available in Kentucky. RECOGNITION OF THE MINORITY come up to you and say: You know, So the facts never seem to get in the LEADER ObamaCare is so good. way of my Republican friend when it My daughter, who could never get comes to ObamaCare—anything he The PRESIDING OFFICER. The health insurance because she was a dia- could do to denigrate this system that Democratic leader is recognized. betic—now she can get it. No one with is helping 17 million people. f a preexisting disability can be denied f insurance. Young men and women CYBER SECURITY struggling to finish their college edu- NOMINATIONS Mr. REID. Mr. President, my friend cation can stay on their parents’ Mr. REID. Mr. President, one need the Republican leader talked about the health insurance until age 26. That is only watch the news to see how our Na- old forces of gridlock when he talked important. That is part of ObamaCare. tion is facing threats abroad. We are about cyber security. He and his cau- Community health centers around this doing the best we can, but as the world cus were those old forces of gridlock. country are booming. Why? Because of grows more dangerous, Senate Repub- We tried for 5 years to pass a cyber se- the Affordable Care Act, we put $11 bil- licans continue to block and obstruct curity bill; it was filibustered every lion in there to provide for those essen- the President’s national security. They time. The bills, quite frankly, that tial community health centers. are blocking the very people who could were filibustered were very strong, I will have more to say about this be- help us respond to these threats. good, in-depth bills. We passed a cyber cause I am sure the Republican leader Take, for instance—for week after security bill—better than nothing, but is going to come and talk about what a week after week—Azita Raji, who has that is about it. It was not really a re- great victory it was on this reconcili- been nominated to be our Ambassador soundingly good effort to go after the ation, which is an anomaly that we to Sweden. Nearly 300 Swedish citizens problems we are having with cyber se- face every year. They are passing have left to fight in Syria or Iraq, mak- curity, but we finally got it done be- something that is just to satisfy the ing this nation the second largest cause the problems on the Republican haranguing about ObamaCare. It country of origin per capita for foreign side disappeared. means nothing substantively. It will fighters in Europe. The Swedish Gov- f pass and go to the President. He will ernment is on heightened alert for an veto it in about 10 seconds, and, of attack. Yet the United States doesn’t AFFORDABLE CARE ACT course, the veto will certainly be sus- have a Senate-confirmed Ambassador Mr. REID. Mr. President, my friend tained. to represent us in Stockholm. the Republican leader has an obsession Even in Kentucky—here is what one Similar to Sweden, Norway is also with the Affordable Care Act, article said in Kentucky: dealing with the growing threat of ter- ObamaCare. He cannot give up on this In a state of 4.4 million people, 500,000 peo- ror, and some of their citizens have obsession. The share of Americans ple gained coverage because of [ObamaCare joined the radical ranks of foreign without insurance is at the lowest in that State]—4 in 5 through Medicaid. The fighters, but due to Republican ob- point in history. And one need look no effects were particularly dramatic in one Ap- struction, our Nation does not have a further than renowned Republican—Re- palachian county, where many coal jobs have vanished and the poverty rate is 23 percent. confirmed Ambassador in Norway. publican—columnist of the New York From 2013 to 2014, the proportion of residents Sam Heins, a Minnesota attorney Times, David Brooks. Here is what he lacking health coverage plummeted by half— nominated by President Obama, has wrote. I am sorry to take so much time from 13 percent to 6.6 percent. been pending on the floor since July. reading something that was written by Half a million Kentuckians are using We are now in December. So I person- this man who is a Republican col- the Affordable Care Act. That is more ally applaud the Presiding Officer umnist for the New York Times. Here than 10 percent of the State’s popu- today for finally removing the holds on is what he said. Regardless of what the lation. these two good people. I appreciate it Republican leader may claim, the Af- There are all kinds of personal ac- very much. He and others have held up fordable Care Act continues to work. It counts of how this has literally saved these nominees, and it is unfortunate. is increasing quality health care cov- people’s lives. One account is of an un- It is gone. I am pleased. In the wake of erage and improving care, and there is insured mother and daughter. This is the Paris attacks and threats across no question about that. Brooks noted from a news article: the continent, it is imperative that we that health care costs are rising at the Amid the coal fields of eastern Kentucky, have Ambassadors working with Euro- lowest rate in years. He said: a small clinic that is part of the Big Sandy pean governments at the highest lev- The good news is that recently health care Health Care network furnishes daily proof of els. inflation has been at historic lows. As Jason this state’s full embrace of the Affordable Perhaps the most egregious example Furman, the chairman of President Obama’s Care Act. of Republican obstruction is the nomi- Council of Economic Advisers, put it in a It was here that Mindy Fleming handed a nation of Adam Szubin. This man speech to the Hamilton Project last month, wad of tissues to Tiffany Coleman when she would lead—if he were approved in the ‘‘Health care prices have grown at an annual arrived, sleepless and frantic, with no health Senate—a team within the Department rate of 1.6 percent since the Affordable Care insurance and a daughter suffering a 103- Act was enacted in March 2010, the slowest fever and mysterious pain. ‘‘It will be all of State that disrupts terrorist financ- rate for such a period in five decades— right,’’ Fleming assured her, and it was. An ing networks, cutting off money for Fifty years— hour later, Coleman had a WellCare card terrorists so they cannot finance their that paid for hospital tests, which found that attacks. Hand in hand, they work with and those prices have grown at an even slow- 4-year-old Alexsis had an unusual bladder er 1.1 percent rate over the 12 months ending the Treasury Department. You would problem. in August 2015.’’ think that such an important nominee As a result of the slowdown in health care Quoting another Washington Post would be quickly confirmed, but Mr. inflation, the Congressional Budget Office story: Szubin’s nomination has been pending

VerDate Sep 11 2014 01:57 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.003 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8199 for more than 200 days. Remember Remember, it would be nice if the NOT AUTHORIZED FOR PUBLIC RE- what he does—remember what he State Department had a lawyer, but as LEASE.’’ would like to do, I should say. He the senior Senator from Iowa will tell The email reproductions from the would lead a team that disrupts ter- you, he has nothing against Tom Shan- State Department also contained a wa- rorist financing networks, cutting off non, David Robinson or Brian Egan. termark in red capital letters saying money for terrorists so they can’t fi- Senator GRASSLEY has expressed no the emails were not for public release. nance their own evil deeds. substantive objections to these nomi- It was across the entirety of that docu- The chairman of the banking com- nees or questions about their capabili- ment. It had the watermark and the mittee, the senior Senator from Ala- ties. Senator GRASSLEY is blocking large bold letters. bama, has previously called this posi- these important nominations for the Within 24 hours, that information tion ‘‘a vital position in the effort to sake of his committee’s political cru- was public and reporters began calling combat terrorist financing,’’ but in sade against former Secretary of State with questions. Within 48 hours, stories spite of this, the committee on banking Hillary Clinton—who as we all know is were published based on the emails continues to block Szubin, despite his running for President. This good given to the Judiciary Committee that qualifications. I am sorely dis- woman scares Republicans because she falsely created the appearance of im- appointed so many Republican Sen- will likely win. It is all part of the dis- propriety by Ms. Abedin—and I mean ators have decided that scoring polit- turbing trend of the Judiciary Com- false. A reporter forwarded the water- ical points is more important than con- mittee to politicize the oversight proc- mark emails meant only for the Judici- firming these national security nomi- ess. ary Committee to her and to her legal nations. It appears the constitutional duties team for comment. How did the re- Two weeks ago, I asked the senior of the Senate are taking a backseat to porter get documents that were solely Senator from Iowa to put an end to his a political hit job on a Democratic can- in the possession of the Judiciary Com- partisan investigation of Secretary didate for President. Just look at what mittee staff? Clinton. For months, the senior Sen- he and his committee are doing; that As I have said before, Ms. Abedin is ator blocked more than 20 Foreign is, the chairman and his committee. an American success story. She has Service promotions. In fact, for a day They are requesting transcribed inter- reached the highest levels of politics, it was some 600 nominations, just sim- views from the Clinton staff. They have as an aide to Secretary Clinton for dec- ply people who were in the Foreign asked for timesheets. The committee ades, through her hard work and loy- Service who were entitled by law to a investigation has gone so far as to ask alty. Senator JOHN MCCAIN said that promotion. Well, he blocked these peo- for the maternity leave records of one Ms. Abedin is ‘‘an honorable woman, a ple for a long time, talking about how of Secretary Clinton’s closest aides, dedicated American, and a loyal public he wanted more documents from the Huma Abedin. It appears that until the servant.’’ She doesn’t deserve the State Department. I told the senior senior Senator from Iowa gets the ma- treatment that has come from the Ju- Senator that I thought it was a mis- ternity leave records he has requested diciary Committee. Republican inves- take to target career promotions, so I and everything else he has requested, tigators on that committee cannot stop their fixation on Ms. Abedin, even was surprised, happily so, when he ap- he is going to continue to block State going so far to request her maternity peared to change course and allow Department nominees. I am dis- leave records. As a result, her personal these good public servants to get the appointed my friend from Iowa refuses information, including Social Security promotions they earned and deserved. to do what I believe is the right thing. Unfortunately, though, just as he He should drop these unwarranted number and payroll records, has been took one step forward, he immediately holds. I am disappointed he continues— given to the press. Violating the privacy of hard-work- took another step back. Although he under the guise of oversight—his anti- ing staff members—and in particular a allowed the list of 20 Foreign Service Hillary Clinton crusade, which is hurt- staff member—to score political points promotions to proceed, he doubled ing American security. Each day this against Secretary Clinton is unbecom- down on his obstruction by placing a investigation continues, we can see ing of the world’s greatest deliberative hold on Tom Shannon, President what a waste of taxpayer resources this body. The Senate has been through dif- Obama’s nominee to serve as Under has become. ficult times in the past when confiden- Secretary of State for Political Affairs, Last month, when given the oppor- tial information has been leaked. Sen- an extremely important position that tunity, my friend from Iowa refused to ator GRASSLEY and I were both here in is not filled now. Ambassador Shannon address the significant amount of re- the 1990s when then-Senate Majority is a career member of the Foreign sources his committee is spending to Leader George Mitchell came to the Service, with more than 30 years of ex- investigate Secretary Clinton. Why? If floor to address this disturbing trend. perience. He served as our Nation’s he is so confident of the work his com- He said: Ambassador to Brazil, he worked on mittee is doing, why not readily ac- the National Security Council in the knowledge the amount of taxpayer re- The unilateral decision by a Member or sources that are being used? But aside employee to release confidential committee last Bush administration, and his expe- information is inconsistent with the Sen- rience will help the State Department from the wasting of taxpayer dollars, I ate’s practice of making such decisions open- strategy in combatting ISIS, but he am troubled by the way his committee ly and collaboratively. Arrogation of this re- can’t do that because we were not able staff is operating. The press reports sponsibility by individuals can destroy mu- to approve him because of the holds. have suggested the Republican Judici- tual trust among Members and be harmful to The Senator from Iowa continues to ary Committee staffers are selectively this institution. block other important nominees, such leaking confidential information. For That is an understatement. Senator as David Robinson to be Assistant Sec- example, in September, the State De- Mitchell’s quote gets to the heart of retary of State in the Bureau of Con- partment gave the committee informa- the matter. Leaking information un- flict and Stabilization. He is a 30-year tion that Senator GRASSLEY requested, dermines the institution of the Senate veteran of the Foreign Service. This is with specific instructions that the doc- and the trust between its Members. In a man who has served the Nation in Af- uments remain confidential. That is the Republican fervor to target Sec- ghanistan, Bosnia, and many other because the information shared with retary Clinton over Benghazi, we places around the world. the Judiciary Committee contains sen- should not lose sight of the rules that Brian Egan has been nominated to be sitive information or other personal in- govern our behavior in the Senate. The the State Department Legal Advisor, formation from State Department em- Benghazi report on her is now over $5 their lawyer. He has been a senior ployees. Included in the State Depart- million. It is wrong to target a former member of the legal team in the State ment’s response to Senator GRASSLEY Clinton aide with invasive requests Department, Treasury, and the Na- was a big warning in bold capital let- about her maternity leave and pass her tional Security Council at the White ters across the page—in very large bold personal information on to members of House, but he has been held up since letters: ‘‘US DEPARTMENT OF the press. June without a vote, all because of Re- STATE PRODUCTION TO THE SEN- It is wrong to politicize the legiti- publican obstructionism. ATE JUDICIARY COMMITTEE ONLY; mate oversight role of Congress ahead

VerDate Sep 11 2014 23:35 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.004 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8200 CONGRESSIONAL RECORD — SENATE December 1, 2015 of the 2016 Presidential election. Sadly, MORNING BUSINESS a never-ending cycle of crime, poverty, the improper disclosure of sensitive The PRESIDING OFFICER. Under and poor educational performance in materials related to Secretary Clin- the previous order, the Senate will be those neighborhoods. ton’s aides only demonstrates the un- in a period of morning business until So Tom Cousins decided that, instead derlying political position of the Judi- 12:30 p.m., with Senators permitted to of giving his money away in small, in- ciary Committee’s oversight. Going speak therein for up to 10 minutes cremental bits to make a minor dif- forward, I hope my Republican col- each. ference, he would become a charitable leagues will exercise greater restraint The Senator from Georgia. entrepreneur. He would go to a neigh- in the relentless pursuit of Secretary borhood of concentrated crime and pov- Clinton, but, more importantly, I hope f erty and try to make a meaningful dif- Senate Republicans take their con- RECOGNIZING THOMAS G. COUSINS ference. He found a neighborhood stitutional responsibility more seri- called East Lake Meadows in the 1990s ously to offer their advice and consent Mr. ISAKSON. Mr. President, last in Atlanta, GA. It was the home of on the Presidential nominees. I hope Thursday was Thanksgiving in Amer- Bobby Jones and Charlie Yates, famous they take them very seriously. It is ica. Like every Member of the Senate golfers of the 1920s, but had gone to shameful that the Republicans are and every American, I paused to give seed, was dilapidated, and became a blocking critical, national security thanks for the many blessings we have neighborhood of crime. In fact, it had nominees for political purposes. I in the country, the blessings I have as become known as the Little Vietnam of would ask them to please change a father and grandfather, and the bless- Georgia. Police would not enter the course because the American people ings we enjoy from all those who serve area because of the crime rate. Drew are watching. in harm’s way around the world who Elementary School was the worst per- f keep us safe and in peace. forming elementary school in the State I also took a second to participate in ROSA PARKS AND MONTGOMERY of Georgia. some charitable activities for those Tom Cousins came to the State board BUS BOYCOTT ANNIVERSARY less fortunate and, in doing so, stopped of education—and I know this because Mr. REID. Mr. President, 60 years ago to pause and give thanks for those peo- I was the chairman—and asked us to go today Rosa Parks boarded a city bus in ple who on the day of Thanksgiving to the city of Atlanta to get them to Montgomery, AL. She had worked hard were giving of their time and their issue a charter for Drew Elementary all day. She was riding a bus. She was money to make the lives of those less School and a 99-year lease to the Cous- asked to give up her seat by the bus- fortunate better. ins Foundation. Tom Cousins went in driver, who was a White man. She was One of the people in my State I want and built a new Drew Elementary sick of having to give up her seat and to talk about who has done exactly School, hired Georgia State University she was tired, but she refused to give that for five decades is a man by the to bring in a professor to be the prin- up her seat, so she was arrested. name of Thomas G. Cousins, a real es- cipal there and manage the education On that day at that moment of cour- tate developer greatly renowned in At- of those children. Drew Elementary age, Rosa Parks sparked a movement lanta and, really, around the world, School went from being one of the that would end the legal segregation of and who amassed millions and millions worst performing schools in the State public transportation, the Montgomery of dollars in the Cousins Foundation of Georgia to one of the best. Bus Boycott. That boycott lasted from and invested that money in trying to But he didn’t stop with the school. December 5, 1955, to December 20, solve the problems of poverty, crime, He improved the neighborhood. He im- 1956—almost 1 year, becoming the first unemployment, and health care. proved the facilities. He built a YMCA. large-scale demonstration against seg- Thomas G. Cousins founded the Cous- He took a holistic approach to East regation in our country’s history. The ins Foundation to see to it that At- Lake Meadows and turned it into a Supreme Court ultimately ordered lanta, GA, and the State of Georgia shining city once again in the State of Montgomery to integrate its public bus were a better State. But he became Georgia. But he didn’t do it just be- transportation system. frustrated. He recognized that of the 72 Rosa Parks went on to become a pil- cause he gave money. He did it because million children in the United States of he invested his money in the lives of lar of the civil rights movement, a life- America, 40 percent of them lived in long freedom fighter who changed the these people. poverty. He became frustrated because I will give some idea of the changes course of history. he found that isolated neighborhoods of In 2013, a bronze statue of Ms. Parks made in East Lake Meadows and Drew concentrated poverty created unem- was unveiled in Statuary Hall in the Elementary School. Drew Elementary ployment, poor performance by stu- Capitol. In the decades since Rosa went from 5 percent of its fifth graders dents, and greater crime rates in the Parks refused to give up her seat on reading and performing in math levels that bus, our Nation has made tremen- city of Atlanta. Worst of all, he found where they should, to where 90 percent dous progress in the defense of civil that the entrepreneurial gifts of char- of the fifth graders exceeded the math rights for all Americans, but we have ity trying to alleviate these problems standards of the State of Georgia. much more to do. Today, 60 years after often got consumed but never made a Where the median income of the fami- Rosa Parks took a stand for equality, fundamental change. He thought it was lies in East Lake Meadows was $4,536 the fight for equal justice rages on. time for his charitable money to be- when Tom Cousins went in, 15 years Just like Rosa Parks, many Americans come entrepreneurial, not just a give- later it was $17,260. There was a 90-per- across this country are very upset with away. So in the decade of 1990, Tom cent reduction in the crime rate, to the the status quo, and they are taking a Cousins decided to do something about point where it was 50 percent lower stand against injustice and discrimina- making the Cousins Foundation invest- than the city’s overall crime rate. He tion. ment make a meaningful difference in transformed the neighborhood because As we remember the valiant actions the lives of Americans around the he invested his money of Rosa Parks, may we be inspired by country. He did exactly that. entrepreneurially in trying to solve the her character and her determination. He heard Dr. Todd Clear, a professor problems and the poverty of these peo- May we follow her example and con- at Rutgers University, give a speech in ple. tinue the work of the civil rights move- New York City, where he had done re- He went to Warren Buffett, a leading ment. search on the prison population of the entrepreneur of America, and formed a Mr. President, what do we have the State of New York and researched new organization called Purpose Built rest of the day? where they came from to find, amaz- Communities, which is based on three f ingly, that three out of every four pris- fundamental discoveries they made at oners in the New York State prison East Lake Meadows. No. 1, it can be RESERVATION OF LEADER TIME system came out of eight neighbor- done. How many times have people The PRESIDING OFFICER. Under hoods in New York City. Concentrated walked by declining neighborhoods of the previous order, the leadership time poverty created concentrated crime poverty, crime, and failing schools, and is reserved. and concentrated criminals. There was said: There is nothing we can do; we

VerDate Sep 11 2014 23:35 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.005 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8201 cannot solve that problem. Tom Cous- When the President said ‘‘If you like their lives placed in the hands of vio- ins proved that any problem, no matter what you have you can keep it,’’ that lent criminals to get here. To say the how great, is solvable if you are willing was not true. Millions of Americans journey was a perilous one is a gross to dedicate yourself to doing so. lost their preferred health insurance understatement. Second, it takes a holistic approach— providers and the doctors who accepted We recently had a hearing of the not just schools, not just playgrounds, that coverage. Instead of providing international drug enforcement caucus not just housing, not just jobs but ev- people with more affordable access to in the Senate. I asked one of the wit- erything. The transformation of East health care, millions of people faced nesses: Isn’t it the case that the same Lake Meadows was a holistic approach higher premiums and higher criminal organizations that smuggle for the entire community. Lastly, deductibles. For all practical matters, people into the United States for eco- mixed-income housing was important the higher deductibles that come along nomic reasons are the same people who to bring employed people back into the with most ObamaCare health care poli- smuggle children for human trafficking neighborhood. So they had mixed-use cies make millions of Americans effec- purposes, that these are the same peo- housing all throughout East Lake tively self-insured. ple and the same organizations that Meadows. More than 5 years after it became smuggle illegal drugs and perhaps dan- The result was a purpose-built com- law, it is no surprise that a recent poll gerous and other hazardous materials munity that is now home to the PGA found that only 37 percent of the re- into the United States? Without hesi- FedEx Championship, a restored East spondents approved of ObamaCare. tation, the witness said yes. Lake Golf Club, and a community that ObamaCare is a textbook example of It may have been some bygone era is proud of itself and one of the shining how bigger government does not nec- when an individual coyote, as we call stars of the city of Atlanta. essarily lead to more choices or real so- them in South Texas, smuggled people Because a man with purpose, Thomas lutions. Indeed, what it demonstrates in for the fee they could charge, but G. Cousins, invested his money, public is that it can lead to higher costs, inef- now this is big business. This is a busi- purpose-built communities are now all ficient health care delivery, and mil- ness model that is being exploited day over the country being started as ren- lions of Americans being let down by a in and day out by the transnational ovation projects in Indianapolis, New system that was a partisan vote here in criminal organizations, but that all Orleans, and in cities around the the Senate. seems to be lost on the administration. United States of America. I remember being here on Christmas I saw how this tragedy was unfolding So we should all pause to give thanks Eve in 2009 at 7 o’clock in the morning firsthand in McAllen where I visited for those who have done so much to when Senate Democrats pushed these children who made the journey— make our States and our country bet- through the ObamaCare legislation in sometimes alone—only to end up here ter. I pause to thank Thomas G. Cous- the Senate. Again, without any sort of in this country by themselves, looking ins for the great investment he made in bipartisan commitment to actually im- for a friendly face or somebody who the city of Atlanta, the children of our prove health care choices and make might help them. It was heartbreaking State, and the United States of Amer- health care more affordable for the to see young children without their ica. American people, it was purely a par- parents and extremely heartbreaking I yield the floor. tisan undertaking. to hear the horrific stories about the I suggest the absence of a quorum. This bill that we are voting on to re- trips they made. Again, coming from The PRESIDING OFFICER. The peal ObamaCare will not only provide Central America, across Mexico, per- clerk will call the roll. haps on the back of a train they called The bill clerk proceeded to call the relief and more choices and the oppor- The Beast, physically assaulted, some roll. tunity for the market to give people Mr. CORNYN. Mr. President, I ask the health care they want at a price murdered and many robbed and other- unanimous consent that the order for they can afford, but it also represents wise mistreated. the quorum call be rescinded. keeping a promise we made to the The pressing question in that sum- The PRESIDING OFFICER. Without American people that we would deliver mer of 2014 was, Why now and why objection, it is so ordered. on if they gave us the majority. We here? Why was all of this happening? Mr. CORNYN. Mr. President, I ask will do that this week. How could we stem the tide of this unanimous consent to speak for up to f seemingly endless migration of unac- companied children from Central 20 minutes. HUMANE ACT The PRESIDING OFFICER. Without America? objection, it is so ordered. Mr. CORNYN. Mr. President, there is You don’t have to look much further another subject I want to raise because than the President’s own Department f it is a matter of great concern. It is not of Homeland Security. One internal OBAMACARE only because I come from Texas and we memo analyzing the surge of child and Mr. CORNYN. Mr. President, this see thousands and thousands of unac- female migrants flooding the south- week the Republican-led Senate will companied minor children continuing west border stated: ‘‘The main reason keep a promise we made to the Amer- to cross our border, but you will recall the subjects chose this particular time ican people. If they entrusted us with in the summer of 2014, I believe the to migrate to the United States was to the leadership and the majority in the President himself talked about the hu- take advantage of the ‘new’ U.S. ‘Law’ last election, we told them we would manitarian crisis as a result of the that grants a ‘free pass’ or permit.’’ I vote to repeal ObamaCare—the largest thousands and thousands of unaccom- think they call them permisos in Span- Federal overreach in recent history. It panied children—some with a single ish. In other words, they came here be- has been disastrous to thousands, if not parent—who were streaming across the cause of the widespread perception that millions, of people. border in an overload of the capacity of these unaccompanied children and Unfortunately, the President’s ill-ad- local communities in the Rio Grande women traveling with children would vised health care law and the partisan Valley and elsewhere to be able to deal be allowed to stay here in defiance of push that made it law came with a lot with these children in a humane and our immigration laws, even after they of burdensome regulations. Both the acceptable sort of way. crossed the border illegally. law and those regulations have hobbled While the memory here in Wash- A similar study by the Department of the American economy because they ington, DC, may have faded about this Homeland Security’s Office of Science simply added additional burdens onto humanitarian crisis, I can tell you that and Technology Directorate concluded the small businesses that we depend most Texans remember it vividly. The that the unaccompanied minors ‘‘are upon to create the jobs so people can picture was stark: tens of thousands of aware of the relative lack of con- find work and provide for their fami- unaccompanied children coming from sequences they will receive when ap- lies. It has hobbled those small busi- Central American countries that had prehended at the U.S. border.’’ Appar- nesses by burdening them with unman- set out to cross Mexico and to cross the ently, at the time, these minors and ageable costs, and it has failed the border into the United States. Vir- their parents believed there would be American people at every turn. tually all of these children had seen no or little consequence to illegally

VerDate Sep 11 2014 23:35 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.007 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8202 CONGRESSIONAL RECORD — SENATE December 1, 2015 coming into the United States, and man of the Senate Judiciary Com- I hope the administration will take tragically, sadly, they were right. mittee demanding answers from the these most recent reports seriously, be- In the wake of that crisis last sum- Department of Homeland Security and fore we experience once again the hor- mer, it became clear that the Presi- the Department of Health and Human rifying humanitarian disaster we expe- dent’s failed immigration policies, in- Services. rienced in 2014. But nothing short of cluding his deferred action program It is clear that the Federal Govern- real improvements to border security and his overall lack of seriousness ment needs to step up and create a and our laws will work. when it came to immigration enforce- more effective review process before re- Mr. President, I yield the floor. ment, played a role in inducing thou- leasing these children to strangers and The PRESIDING OFFICER. The Sen- sands of families to risk their lives to perhaps criminals. Our government has ator from Maryland. travel to the United States. a duty to protect them once they are f Until recently, we had perhaps been here and to ensure that they are no BURUNDI lulled into the misconception that this longer preyed upon by criminals and flood of migrants had stopped. But over human traffickers. Mr. CARDIN. Mr. President, I rise to the weekend, I was startled by news re- Given the administration’s inability call for urgent action to prevent wide- ports—perhaps I shouldn’t have been to deter illegal immigration and the spread violence and mass atrocities in surprised but I was—that suggest this Federal Government’s failure to deal Burundi. Let us not allow Burundi to downward trend has started to reverse with them reasonably, rationally, and become the next Rwanda or Darfur. We and in a big way. According to these humanely when they get here, we have are at a critical juncture. I call upon reports, smugglers were again bringing every reason to believe that illegal im- the Burundian Government and opposi- hundreds of women and children into migration surges of this nature will tion to respect the spirit of the 2000 the United States across the Rio continue and will grow until we reform Arusha agreement and immediately Grande. this system. That is why I intend to in- stop all violence, disarm militias, in- One from the New York Times noted troduce a piece of legislation called the cluding youth militia aligned with the that according to official data, ‘‘border HUMANE Act, which will reform the government, and urge all legitimate Patrol apprehensions of migrant fami- system to end the practice of auto- stakeholders to agree to participate in lies . . . have increased 150 percent’’ matic catch-and-release to nongovern- an inclusive dialogue to determine a from last year. The number of unac- mental sponsors. It would enhance the path forward for their country. companied children has more than dou- screening of these children to deter- As my colleagues may know, the bled. mine if they are victims of crime or in country has been in turmoil since The bottom line is that, clearly, need of some specialized care. It will April, when President Pierre there is virtually nothing being done to make sure they get a swift and fair Nkurunziza decided to run for a third deter these children and their families court determination on whether or not term. His decision, which many feel from illegally crossing the border and they are eligible for any protected sta- violated the spirit of the very agree- little or no consequences when they do. tus under our immigration laws. ment that ended the Burundi 12-year The HUMANE Act would also help I have to point out that the adminis- civil war and the Burundian Constitu- ensure that if these children are in tration has done virtually nothing to tion itself, has led to widespread vio- need of humanitarian assistance, they make sure these children are not ex- lence. An attempted coup in May re- will never be released to sex offenders, posed to the same criminal organiza- vealed an alarming split in the mili- criminals, or others who will seek to tions operating in this country. In fact, tia’s military ranks, and I came to the harm them. Of course, preventing these current law requires these children to floor in June to discuss my concern surges is not just a humanitarian issue; be released by the Department of that the situation could escalate. Un- it is a national security issue as well. Health and Human Services to sponsors fortunately, I was correct. It has. At By tying up our law enforcement, cus- that time, 90,000 people had fled the without any assurance or systemic pro- toms, and other security officials with country, and now there are over 200,000 tections that they are being sent to a humanitarian care obligations, the car- refugees. In June, an estimated 21 peo- safe environment. There are no crimi- tels and other transnational criminal ple had died during the protest. The nal background checks. They are not organizations create an environment required to be actual family members, where it is much easier to traffic drugs, U.N. now estimates that nearly 250 peo- and they could well be some extension weapons, and other contraband. ple have been killed since April, some of the same criminal organizations We know there are increasing ties be- at the hands of the security forces and that smuggled them into the United tween terrorist organizations and drug others in a series of tit-for-tat targeted States in the first place. cartels, so the threat that they will assassinations and killings. It is shocking to me that the Senate work together to exploit another hu- The violence has taken on troubling would not be moved to act on this be- manitarian crisis is very real. For in- overtones. Bodies of those who have cause, of course, we passed a large anti- stance, last year before the Senate been clearly victims of execution-style human trafficking law this last spring Armed Services Committee, killings are found daily in the streets with a 99-to-0 vote. But to sit quietly SOUTHCOM’s commander, John Kelly, of Bujumbura, Burundi’s capital. The while these children continue to stated that he was ‘‘troubled by the fi- families of political opponents are now stream across our border and are nancial and operational overlap be- being targeted and killed. Government placed in the hands of potentially dan- tween criminal and terrorist networks officials have been murdered. gerous individuals is unacceptable. in the [Central American] region.’’ In November, Burundian officials en- Earlier this year, four individuals He went on to say: ‘‘Although the ex- gaged in alarming rhetoric reminiscent were indicted for their involvement in tent of criminal-terrorist cooperation of language used to incite and carry a trafficking ring that smuggled unac- is unclear, what is clear is that terror- out the genocide in Rwanda. The gov- companied Guatemalan children into ists and militant organizations easily ernment was forced to issue a letter the country and forced them into slave tap into the international illicit mar- that claimed that the statements made labor at a farm in Ohio. These children ketplace to underwrite their activities by the President and the president of were not only forced to work long and obtain arms and funding to con- the senate were not intended to foment hours, but they were abused and duct operations.’’ such actions. Intended or not, such threatened and exploited. Many of I am not just talking about economic comments are deeply disturbing. them could have been spared if the migrants. I am talking about immi- The international community has en- Federal Government and Health and grants from around the world who can gaged, but I fear our efforts may not be Human Services had an adequate sys- potentially get through our southern enough. I was very pleased to see the tem for screening and vetting the spon- border virtually at will. I am talking African Union Peace and the Security sors of these unaccompanied minors. about transnational criminal organiza- Council’s October 17 communique, We have to do a better job of pro- tions determined to spread violence which urged dialogue, called for de- tecting these children, which is why I and import narcotics into the United ployment of additional human rights recently joined a letter with the chair- States. monitors, and threatened targeted

VerDate Sep 11 2014 23:35 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.041 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8203 sanctions against those who contribute accountable. The international com- tion for family coverage is currently to the escalation of violence and act as munity must be firm about this. We $12,591, up from $9,773 in 2010. That is spoilers to a political solution. It sent cannot allow those who perpetrate nearly $3,000 in additional premium a strong message to all parties that these crimes to go unpunished. costs or another $250 a month. For continued violence will not be toler- The United States has made a prom- many families, that comes on top of an ated and that an inclusive dialogue— ise to actively prevent the commission increase in their deductible. Mean- one that includes the Burundian oppo- of mass atrocities. As the unrest con- while, thousands of part-time workers sition that has taken refuge outside tinues, people are suffering in refugee have lost their job-based insurance the country—is the only way to restore camps or living in fear in their homes, thanks to ObamaCare mandates that stability. The United Nations Security afraid to go out. Violence is on the encouraged several large employers to Council took a much needed step by ap- rise, the economy is in a downward spi- stop offering health benefits to part- proving a resolution in late November. ral, and civil space is closed. Every day time employees. The European Union has been forward that goes by without a civil solution The situation with the exchanges is leaning, imposing sanctions on govern- the probability of atrocities increases. no better. Exchange premiums will rise ment officials and requesting a dia- Preventing widespread violence and once again this year, with many Amer- logue with the government to discuss mass atrocities is everyone’s business. icans facing rate increases in the dou- the current situation under the provi- Diplomatic engagement to prevent po- ble digits. sions of the Cotonou Agreement re- litical violence that has the potential Over the past few months, I have lated to democracy and human rights. to become ethnically based killing is heard from numerous constituents The United States has been actively exactly what we and the rest of the wondering how they will be able to af- engaged in preventive action and diplo- international community must focus ford the massive premium increases macy for some time. On November 23, on addressing. they are facing. One constituent in President Obama issued an Executive I submit to you that acting to pre- Wessington, SD, wrote to tell me that order sanctioning four individuals vent this from happening is all of our her and her husband’s health care plan whose actions have threatened the collective business, and I urge contin- is going from $17,194 this year to a peace and security of Burundi. He also ued action to do so. staggering $25,370 next year. That is an announced that as of January, Burundi I suggest the absence of a quorum. annual increase of more than $8,000. will no longer be eligible for pref- The PRESIDING OFFICER (Mr. What family can afford an $8,000 in- erential trade benefits under the Afri- FLAKE). The clerk will call the roll. crease in expenses from one year to the can Growth and Opportunity Act. Our The bill clerk proceeded to call the next? Special Envoy for the Great Lakes, roll. Another constituent of mine wrote to Tom Perriello, has been in the region Mr. THUNE. Mr. President, I ask tell me this: numerous times. High-ranking offi- unanimous consent that the order for We just received our rate increase for our cials, including our United Nations the quorum call be rescinded. family health insurance. We have been pay- Ambassador and the Secretary of State The PRESIDING OFFICER. Without ing $1,283 a month and the $557.45 increase have raised Burundi with our inter- objection, it is so ordered. will bring it up to $1,841.26. This amount has gone from 26 percent to 37 percent of our in- national partners on numerous occa- f come. It is over twice of our house payment. sions. Ambassador Power has traveled OBAMACARE . . . After having insurance coverage for the there herself, and I applaud the admin- Mr. THUNE. Mr. President, 5 years past 38 years, we are faced with dropping istration’s consistent attention to the coverage, which is ironic since that is not concerns of Burundi. ago, days after President Obama signed the purpose of the Affordable Care Act. We However, the violence continues. We the Affordable Care Act into law, the are considering dropping insurance and fac- must redouble our efforts to support a senior Democratic Senator from New ing the penalty just so we can continue to political solution to this current crisis. York went on ‘‘Meet the Press’’ to dis- live in our house, pay our bills, and buy gro- Let me be clear. There is no substitute cuss the bill. He told the host: ‘‘Well, I ceries. for a commitment by the Burundians think as people learn about the bill, That is from a constituent of mine in themselves when it comes to finding a and now that the bill is enacted, it’s South Dakota. way forward. They themselves must going to become more and more pop- I have received far too many letters choose the path of peace, but I firmly ular.’’ I don’t need to tell anyone that like these from individuals who are believe we, in cooperation with our never happened. facing enormous premium increases. international partners, can provide the Five years after ObamaCare was en- Another constituent wrote to me and right incentives for them to do that. acted, a majority of Americans dis- said they are facing a 69-percent pre- We can take other meaningful actions approved the law, and that is a pattern mium increase—69 percent. She and her in pursuit of an agreement. we have seen since the law’s passage. husband are facing a $22,884 insurance First, we must help the African Why has the law failed to earn the sup- bill. She could buy a brand-new car for Union to finalize contingency plans for port Democrats predicted? For one less than that. an African-led mission to prevent wide- simple reason: The law is just not So it is no surprise that a recent sur- spread violence in the country. working as President Obama promised vey from the Robert Wood Johnson Second, I call upon the AU to con- it would. The Affordable Care Act was Foundation found that nearly 80 per- vene a meeting with special envoys supposed to lower health care pre- cent of uninsured Americans who have from the United Nations, African miums. It didn’t. It was supposed to re- looked for insurance report that they Union, United States, European Union, duce health care costs. It didn’t. It was cannot find or cannot afford to buy and Belgium, as well as representatives supposed to protect the health care health insurance. The grim reality for from the East African community, to plans that Americans wanted to keep. millions of Americans is that the Af- discuss coordination among donors, the It didn’t. The law was sold as a health fordable Care Act is anything but af- United Nations, the AU, and the Secu- care solution, but it turned out to be fordable. rity Council’s recommendations and to yet another health care problem. Unfortunately, higher health care identify ways that the international Five years after the law’s passage, costs are just one of the problems with actors can support the increased num- here is where we are: Americans with this law. ObamaCare has already re- ber of human rights monitors and mili- job-based insurance are paying more duced Americans’ health care choices. tary observers authorized by the AU in for their health care, with the average Faced with expensive ObamaCare man- October. employee seeing a $400 increase in his dates, insurance companies have cho- Third, it is imperative that we help or her deductible since 2010. Small sen one of the few methods left to them put in place mechanisms for account- business employees have fared even to control costs, and that is restricting ability for those who have engaged in worse, with average deductibles now consumers’ choice of doctors and hos- extrajudicial killings during this pe- close to $2,000. And Americans are pay- pitals. Americans were promised they riod of time. Those who have com- ing more for their premiums as well. could keep the doctor they liked, but mitted these atrocities must be held An average annual premium contribu- for many Americans, that is not true.

VerDate Sep 11 2014 23:35 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.013 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8204 CONGRESSIONAL RECORD — SENATE December 1, 2015 Then there are the taxes imposed by in their health care.’’ The senior Sen- We have to do our best in a careful and the law. Because the administration ator from New York is right. deliberate way to make sure our secu- did its best to hide the true cost of Americans didn’t want ObamaCare rity in the midst of this battle against ObamaCare, many Americans don’t re- then, and they certainly don’t want it ISIL is strong. alize that the law hiked taxes by $1 now. ObamaCare is broken, and Ameri- I rise today to speak particularly trillion. In fact, the law imposed al- cans know it. It is time to repeal this about this act because I think it is most a dozen new taxes, including an law and start moving toward the kind problematic, and I think it is problem- annual tax on health insurance that is of health care reform Americans are atic from the very title of the act. I passed on to consumers in the form of actually looking for: an affordable, ac- think it raises some questions we have higher premiums, a tax increase on countable, patient-focused system that to be very careful about. flexible spending accounts and health gives individuals control of their Syrian and Iraqi refugees are not for- savings accounts, and a tax on wages health care decisions. eign enemies. Refugees are not the en- and self-employment income. President This week the Senate will take up a emies of the United States. We have an Obama promised not to raise taxes on repeal bill that will begin the process enemy. The enemy is ISIL. We are those making less than $250,000, but, as of lifting the burdens ObamaCare has coming up on the start of a 17-month we all know, he broke that promise placed on Americans. I look forward to war against ISIL that Congress has many times over when ObamaCare was debating the bill and working with my been unwilling to debate, vote on, and signed into law. Many of these taxes di- colleagues to begin building a bridge to declare. ISIL is an enemy, and we rectly impact low- and middle-income a better health care system for hard- would all acknowledge that, but the families. working families across the country. It refugees who are leaving Syria and Iraq Additionally, the law’s tax on the is time to give the American people the are not our enemies. They are victims. makers of lifesaving medical devices, real health care reform they deserve. They are victims. I think before we go such as pacemakers and insulin pumps, Mr. President, I yield the floor. which went into effect in 2013, has al- The PRESIDING OFFICER. The Sen- down the path of quickly—and this bill ready eliminated jobs in the medical ator from Virginia. was passed in the House in just a cou- ple of days—painting with a broad device industry and driven up the price f of essential medical equipment. brush as our enemies these poor people The medical device industry is not AMERICAN SECURITY AGAINST who have suffered so much, we really the only industry in which ObamaCare FOREIGN ENEMIES ACT need to reflect on what they have been is costing jobs. ObamaCare’s require- Mr. KAINE. Mr. President, I rise through. ment that employers provide their today to speak about the American Se- This refugee crisis in Syria has been workers with government-approved in- curity Against Foreign Enemies Act of called by most NGOs and other organi- surance or pay a tax has made employ- 2015. This act was passed by the House zations like the U.N. the greatest hu- ing full-time workers more costly, shortly before we recessed for Thanks- manitarian crisis since World War II. which has discouraged employers from giving—an act dealing with the refugee In a country of between 25 and 30 mil- hiring. Workers in the retail and res- crisis from Syria and Iraq. It is an act lion people, 4 million have had to flee taurant industries, many of them that is sort of pending before the body because of the atrocities of the Assad younger, less skilled workers, have now as we try to decide whether to regime and the atrocities of the civil been hit particularly hard. In all, the take up the House bill or take up the war carried out by ISIL and other ter- Congressional Budget Office has pre- topic of the House bill as part of the rorist organizations. dicted that ObamaCare will result in deliberations in which we are engaged. Four million had to leave their the equivalent of 2 million fewer full- First, I think everyone in this body homes and 8 million more had to leave time jobs in 2017 and 2.5 million fewer and everyone in the House acknowl- their homes and move to other places full-time jobs by 2024. That is not good edges the security needs of America in in their country where they would pre- news for our already sluggish economy. this challenging time as we are en- fer not to live because their homes are All Americans remember the Presi- gaged in a battle against ISIL. As we unsafe because of the civil war. dent’s claim that under ObamaCare, ‘‘If have seen in recent weeks, the reach of Nearly 300,000 Syrians have been you like your plan, you can keep it’’— ISIL—whether it is a passenger aircraft killed in this civil war, and the atroc- a claim that was named, interestingly in Sinai, a neighborhood in southern ities are horrible. The Assad regime enough, PolitiFact’s ‘‘Lie of the Year’’ Beirut, or multiple neighborhoods in uses barrel bombs in civilian neighbor- in 2013 after ObamaCare eliminated the Paris, ISIL’s strength is expanding and hoods to kill innocents without any health care plans of 4 million Ameri- mutating, and we have to take those rhyme or reason as to where or when cans. Now hundreds of thousands of concerns seriously. they are going to fall, creating psycho- Americans will be losing their I applaud the work that has already logical terror as well as physical dan- ObamaCare health care plan after a been done to try to make sure the vet- ger. ISIL in Syria is carrying out be- number of the health insurance co-ops ting process for refugees who entered headings and the forced subjugation of established under the law proved the United States is pretty intense. people and selling them into sexual unsustainable. In all, 12 of the 23 Four million refugees left Syria during slavery. It is the oppression of religious health care co-ops established by the the course of the Syrian civil war. Of minorities, virtually any religion other President’s health care law have col- those 4 million who have left and reg- than that of the Sunni extremists who lapsed, resulting in the loss of billions istered with the U.N., after a fairly ex- would fit within ISIL’s narrow defini- in taxpayer dollars, in addition to the tensive review process, the U.N. has re- tion of who they think true believers loss of Americans’ health plans. Tax- ferred 20,000 to the United States for are. This is what people are fleeing payers have also lost more than $1 bil- possible consideration to be refugees. from. lion spent on failed or failing State ex- Of those 20,000, after an 18-month vet- changes, such as the failed exchanges ting process, we have allowed approxi- This Senator emphasizes this point: in the States of Oregon, Hawaii, mately 2,000 into the United States. So Refugees are not our enemies. They are Vermont, Maryland, and Massachu- the vetting process for refugees is pret- not foreign enemies. They are victims setts. ty intense. If we can make it better, we who deserve compassion. Four years after telling ‘‘Meet the need to do that, but it is already fairly This is a fairly famous photograph Press’’ that ObamaCare would become significant. I also applaud efforts the from a suburb of Damascus, Yarmouk, ‘‘more and more popular,’’ the senior administration announced yesterday that is filled with Palestinian refugees Senator from New York admitted that and that other colleagues, including who have been waiting for food. The the Democrats had made a strategic the Presiding Officer, are working on Assad regime had cordoned them off error by focusing on ObamaCare. Amer- to ensure that the visa waiver program and would not allow humanitarian aid icans, he admitted, were ‘‘crying out we currently have, which allows citi- because they thought there were oppo- for an end to the recession, for better zens from 38 countries to come to the nents to the regime in this neighbor- wages and more jobs; not for changes United States without visas, is tight. hood.

VerDate Sep 11 2014 23:35 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.014 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8205 This was a photo that was taken in as a country really have to grapple God says: I think he would be faithful January of 2014 when the U.N. could fi- with. The two conventional answers as anyway. nally come in to try to deliver humani- to why there is horrible suffering such Satan says: Let’s have a wager and tarian food aid to these folks. You can as this is obviously there is evil in the see what happens. see the tens of thousands of people who world and there is evil within. There is That is how the Book of Job begins. are waiting in the midst of their evil out in the world and there is evil This upright and blameless man who bombed-out neighborhood for a deliv- within and we make mistakes. Clearly has everything proceeds to very quick- ery of basic food aid, which has been there is evil in the world. ISIL is evil. ly lose everything. He loses his wealth, very episodic during the course of this Refugees are not evil. he loses his family, he loses his war. This neighborhood has gone back I think it is interesting that one of health—not because of his own sin, his under blockade, and it has been ex- the bodies here could come up with a own weakness, or his own error, his tremely difficult to get them the food piece of legislation, draft it, debate it, own mistakes, and not because of evil they need. and vote on it in a couple of days to in the world; he suffers because he is These are not enemies; these are peo- label refugees as ‘‘foreign enemies’’ being tested. That is the reason he suf- ple who are worthy of the compassion when we have been at war for 17 fers. of any person and especially of a nation months against ISIL and we haven’t As the story goes on, he is tested. He as compassionate as the United States. been able to have a debate in this body is tested. He argues with God, he fights More recently, we were all stunned to to authorize military force and declare with God, he fights with the faith, but see this horrible photograph of a 3- that they are an enemy. There is evil he doesn’t let go of his faith. At the year-old Syrian boy who, with his fam- in the world, and part of what we must end of the story, this Book of Job—and ily and a group of 12 Syrians, tried to do is call it out and be willing to stand this is a book which is not only in the make it across water to Greece, fleeing against it. Old Testament and studied by Jews and atrocities in the battle between Kurds The great Irish poet Yeats talked Christians alike, this is in the Koran. and ISIL in northern Syria. Twelve about a situation where the best lack This is a story which all the members of this family in a boat were all conviction and the worst are filled Abrahamic faith traditions have killed and drowned, including this 3- with passionate intensity. I worry that grabbed on to because it has a funda- year-old and his 5-year-old brother. this legislative body has not shown the mental piece of wisdom to it. These are not enemies. conviction to call out evil in the way Sometimes when suffering such as To have an act that purports to deal that we should call it out, and mistak- this occurs, it is not just because there with this refugee crisis and to call this enly we are calling people evil who is evil in the world or because of our an act that is an act about foreign en- aren’t evil but who are deserving of own sin, it is because bad things hap- emies—they are not enemies. There is compassionate help from us and from pen to test us as individuals. Bad no way we should allow the kind of tar other nations. That is the first expla- things happen and sometimes test us as brush approach that would paint these nation of why evil occurs. There is evil a country. poor unfortunates who are victims of out in the world, and ISIL is evil, the I look at this refugee crisis as a test. the worst humanitarian crisis since atrocities of Assad are evil, and we It is a test on whether we, like Job, World War II as if they are somehow ought to call it out. will be true to our principles or wheth- enemies. We should have a compas- The second explanation is our own er we will abandon them. Job was true sionate response that protects Amer- weakness. When bad things happen, to his principles, and things came back ican security but is nevertheless com- whether to yourself or to your country, to him multiplied. Are we going to be passionate. you have to look in the mirror and ask: true to our principles? These photographs really grab me, Did we do anything wrong? And I have My State of Virginia began when the and the rhetoric surrounding these ref- a concern that when the chapter on the English who were starving were helped ugees—that they are enemies—when Syrian refugee crisis is written, neither out by Indians down near Jamestown this act passed really grabbed me. I the United States nor other nations are Island. There was the extension of a found myself thinking about it not so going to look that good. It is going to hand to strangers in a strange land much even in just a policy way—what be like looking into the 1990s and look- that enabled them to survive, unlike is the right policy, what is the right ing at why the United States was able earlier parties who had been wiped out mixture of things to keep the country to intervene and stop atrocities in the by starvation or battles with Indians. safe? That is very important, but these Balkans and chose not to in Rwanda. My people came from Ireland in the pictures make one think about some- The answer to why we did in one in- 1840s. They were chased out by oppres- thing more fundamental: Why does this stance and not the other—I don’t think sion. They were chased out by hunger. happen? that looks good in retrospect. I worry My people have the same story that Since the beginning of time, human with respect to this refugee crisis, the virtually everybody who came to the beings have asked: Why is there suf- 4 to 8 million killed, these children and United States has. Some came under fering of this kind? Why must hundreds their families—we have to look in the much worse conditions, brought over in of thousands be huddled into a bombed- mirror and ask ourselves whether we slavery and servitude. out neighborhood and be nearly starved have done enough or whether we can do The nation of France recognized the to death to wait for a delivery epi- more. United States for what it was—a bea- sodically from the United Nations? Last, there is a nonconventional ex- con of liberty for people from around Why would a family have to flee from planation of why suffering like this oc- the world—when France gave to the their home, with their children killed, curs that is a challenging one. It is in United States the Statue of Liberty, to try to get away from atrocities? If the Book of Job. There is a Bible on which we planted in New York Harbor you are a student from California State the Presiding Officer’s desk. It is there right next to Ellis Island, where so University, on a semester-abroad pro- because it is a book of wisdom. I know many people came into this country. gram in Paris, sitting in a cafe, why you know the story. It is an interesting Nobody who came here had it easy. are you gunned down by ISIL terror- story, as we grapple with suffering like People faced signs that said ‘‘No Irish ists? If you are a tourist coming back this and we have to ask why it occurs. need apply’’ or they faced discrimina- from a vacation in the Sinai with your Job was an upright and righteous man. tion or oppression, but they didn’t face family, why is your plane suddenly He was a blameless person, a person of a door being shut in their face and bombed out of the sky? integrity. being told they were foreign enemies Humans have asked this question The story was written in about 500 when they were really refugees looking since the beginning of time. Why do BC and posits this debate between God for a better situation in life. these things happen? There are two and Satan. God is talking about how As I think about what we are grap- conventional answers to the question great Job is. Satan says that he is pling with and what we may be called of why these things occur, and there is great because he is wealthy and has a to vote on in the next 10 days in this a nonconventional answer that is a great family, and if he lost that, he body, I think about this massive scale challenging one that we as a body and would cease being so faithful. of human suffering that is going on

VerDate Sep 11 2014 23:35 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.016 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8206 CONGRESSIONAL RECORD — SENATE December 1, 2015 with respect to Syria, and I think a series of speeches I have given on the Before I was a civil rights leader, I was a about that wisdom from the Book of topic of religious liberty. When there preacher of the Gospel. This was my first Job, which is that sometimes suffering are myriad other issues facing our calling and it still remains my greatest com- and adversity is to test us. Are we country, why do I feel so compelled to mitment. . . . [A]ll that I do in civil rights I do because I consider it a part of my min- going to abandon our principles? Are speak out about religious freedom? Be- istry. we not going to be the Statue of Lib- cause, Mr. President, no other freedom erty nation? Are we not going to be the is so essential to human flourishing Reverend King recruited other reli- nation that will extend a hand of wel- and to the future of our Nation. Indeed, gious leaders to his cause when he con- come or friendship for those who suf- religion is not only beneficial to soci- vened a meeting of more than 60 black fer? Are we going to be true to our ety but also indispensable to democ- ministers in what would eventually be- principles? racy. come the Southern Christian Leader- Again and again in our Nation’s his- I begin by discussing the most tan- ship Conference. This coalition of evan- tory and in the history of nations, it gible benefits religion brings to soci- gelical leaders was instrumental in or- has been shown that if you are true to ety. History provides many examples. ganizing both the Birmingham cam- your principles—especially true to Indeed, many of our Nation’s most sig- paign and the March on Washington. them during times of adversity—then nificant moral and political achieve- For these ministers and many other you are worthy of respect. You teach ments are grounded in religious teach- men and women who participated in important lessons to your kids and to ings and influences. the civil rights movement, religion the generations that follow, and usu- First, consider the role of religion in provided the initial impetus for their ally things work out. I think our Na- the formation of our most basic rights. advocacy. tion’s principles are solid. They are America’s Framers were well versed in Today, religion continues to benefit rock solid. In the heat of the moment, both religion and philosophy, and in society by contributing to our Nation’s we shouldn’t abandon them, and we drafting our Founding documents, they robust philanthropic sector. The im- shouldn’t abandon people who have suf- drew inspiration from both sources. portance of charity and helping the fered and are suffering with the kind of Take for example, the unalienable poor is nearly universal across all hot legislative language that would rights identified in the Declaration of faiths. Every year, religious organiza- label them as ‘‘foreign enemies’’ when Independence: life, liberty and the pur- tions throughout the United States suit of happiness. These rights are a they are just refugees in the same way feed the hungry, clothe the naked, give synthesis of both religious and philo- that people throughout history have shelter to the homeless, and care for sophic teachings. The rights them- been refugees needing a compassionate the sick and afflicted. selves stem from the theories of the response from others. Without these religious groups, our philosopher John Locke, but the con- Thank you, Mr. President. government welfare system would be With that, I yield the floor. cept of inalienability—the idea that overwhelmed. The PRESIDING OFFICER. The Sen- these rights are inviolable because Charitable organizations are irre- ator from Utah. they are ‘‘endowed [to men] by their placeable because they often step in Mr. HATCH. Mr. President, I ask Creator’’—is religious in nature. where the state cannot. Consider some By invoking the divine and linking unanimous consent that I be permitted of the largest, most well-respected reli- our rights to a moral authority that to complete my remarks. gious charities in operation today, lies above and beyond the state, Amer- The PRESIDING OFFICER. Without such as the Salvation Army, Catholic ica’s Founders insulated our freedoms objection, it is so ordered. Charities, World Vision, or LDS Hu- from government abuse. Philosophy manitarian Services. These organiza- f helped articulate our fundamental tions are motivated by more than a RELIGIOUS LIBERTY rights, but religion made them unas- mere humanitarian impulse; they are Mr. HATCH. Mr. President, last week sailable. Thanks to the moral ground- driven by a sense of duty both to God families across the Nation gathered in ing provided by religion, we exercise and to man. Every year, they lift mil- gratitude to celebrate Thanksgiving— these rights free of state control. lions from despair, offering not only In addition to undergirding the es- the holiday we commemorate in re- material assistance but also spiritual tablishment of our God-given rights, membrance of our Pilgrim ancestors. direction to help individuals lead more religion directly benefitted American With humble appreciation, we venerate prosperous lives. This is a critical serv- society by catalyzing the two greatest the sacrifice of America’s early set- ice that no government program could social movements in our Nation’s his- tlers. We remember their fortitude in ever provide. tory: abolition and civil rights. leaving family and home to colonize a Abolition traces its roots to the Sec- It is clear that religion has bene- new wilderness. Facing disease, starva- ond Great Awakening, when preachers fitted our society in several meaning- tion, and even death, these brave men such as Charles Grandison Finney and ful ways. First, as a result of religious and women endured tremendous hard- Lyman Beecher rose to prominence teachings, we have unfettered claim to ships to secure the blessings of reli- with their revivalist teachings on so- the natural rights delineated in our gious liberty. cial justice and equality. Many of the Nation’s founding documents. Second, Freedom of religion—so precious and earliest pro-abolition organizations thanks to religious leaders from John so prized by our Pilgrim forebears—is coalesced around Christian evangelical Rankin to Martin Luther King, we the legacy we enjoy as a result of their communities in the North. Emanci- freely exercise civil rights today that sacrifice. Today, I wish to honor the pation was a religious cause first and a were once denied millions of Ameri- Pilgrims’ legacy by speaking once political movement second. cans. Third, by virtue of religious again on the topic of religious liberty. Most abolitionists were deeply reli- teaching on charity, we have a humani- Over the past several weeks, I have ad- gious themselves, including two of the tarian sector that is unparalleled in its dressed this subject at length. In so movement’s most vocal leaders, Wil- ability to respond to crisis, bless the doing, I have explained the critical im- liam Lloyd Garrison and John Green- poor, and lift the needy. portance of religious freedom and its leaf Whittier. The Christian doctrine of But my purpose in speaking today is centrality to our Nation’s founding. I moral equality was especially crucial not merely to recite a list of blessings have also debunked the erroneous no- in generating the grassroots support brought about by religious liberty. Re- tion that religious liberty is primarily that eventually made emancipation ligion is not simply beneficial to soci- a private matter that has little place possible. ety; it is an indispensable feature of in the public domain. More recently, I Religion was equally influential in any free government. Without religion, have detailed the many ways freedom guiding the civil rights movement. We liberty itself would be in danger and of conscience is under attack—both at speak today of Dr. Martin Luther King, democracy would devolve into des- home and abroad. but we sometimes forget that before he potism. You might wonder why I devote so was a doctor he was a reverend. In 1967, The nexus between religion and de- much time and attention to this vital the year before his death, Reverend mocracy involves the relationship be- subject. After all, this is the seventh in King proclaimed: tween morality and freedom. Freedom

VerDate Sep 11 2014 23:41 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.017 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8207 is a double-edged sword; it can be used Despotism may be able to do without faith, anny and human suffering on a massive for good or for evil. Statesmen may use but freedom cannot. . . . How could society scale. freedom to defend justice, but tyrants escape destruction if, when political ties are Consider the catastrophic state of af- can abuse it for their own corrupt ends. relaxed, moral ties are not tightened? And fairs in countries that have explicitly what can be done with a people master of Morality is necessary to ensure that itself if it is not subject to God? outlawed religion. The Soviet Union, individuals exercise their freedom re- Communist China under Mao, the sponsibly. In other words, Tocqueville asked Khmer Rouge in Cambodia, and North Religion provides free individuals how the experiment of self-government Korea are prominent examples. In each with the moral education necessary to could succeed if individuals refused to of these countries, leaders committed exercise freedom responsibly. It instills submit to any moral authority beyond unspeakable atrocities to enforce their the very virtues that lead to an en- themselves. By posing this question, own godless morality. In the absence of gaged citizenry, including a concern for Tocqueville argued that democracy faith, there was no religious horizon to others, the ability to discern between needs religion and morality to ensure keep political ambitions within limits. right and wrong, and the capacity to that citizens exercise their freedom re- Unencumbered by the moral restraint look beyond the mere pursuit of sponsibly. Democracy needs religion to of religion, dictators systematically present pleasures to the good of soci- help refine the people’s moral responsi- killed millions of their own people to ety. bility and instill the virtues of good establish their own secular vision of President George Washington identi- citizenship that make democracy pos- Heaven on Earth. These illustrations of fied the link between morality and re- sible in the first place. totalitarianism, torture, and genocide ligion. According to Washington, ‘‘Rea- Tocqueville also taught that democ- demonstrate that a society without re- son and experience both forbid us to ex- racy needs religion to temper the ma- ligion is a society without freedom. pect that national morality can prevail terialistic impulses of a free-market I raise these grievous examples to re- in exclusion of religious principle.’’ For society. By setting our hopes and de- iterate my initial point: Religion is Washington, morality presupposed reli- sires beyond imminent, temporal con- central to human prosperity. Society gion, and both virtues cultivated a cerns and turning our hearts instead needs religion to keep political ambi- healthy society. Perhaps this why he toward those in need, religion engen- tions in check, and democracy needs said that ‘‘[o]f all the dispositions and ders charitable behavior and saves de- religion to maintain morality so that habits which lead to political pros- mocracy from its own excesses. freedom can flourish. perity, religion and morality are indis- In Tocqueville’s view, the free exer- I had the privilege of serving for 2 pensable supports.’’ That was George cise of religion is not just a condition years in three States—Ohio, Indiana, Washington. of liberal society; it is a precondition and Michigan—as a missionary for the John Adams was of the same mind. for a healthy democracy. Without reli- Church of Jesus Christ of Latter-day He argued that without religion and gion and the moral instruction it pro- Saints. We served without pay, without morality, our government could not vides, freedom falters, and democracy compensation. I lived on $55 to $65 a stand because, ‘‘[a]varice, ambition, re- all too easily dissolves into tyranny. month, and I traveled all over those venge and gallantry would break the In this regard, religion is not merely three States, helping other mission- strongest cords of our Constitution, as a boon to democracy, but a bulwark aries be able to teach the Gospel of a whale goes through a net’’; hence, his against despotism. Laws alone are in- Jesus Christ. I am glad I had the free- most famous observation that the Con- capable of instilling order and regu- dom to be able to serve that mission in stitution ‘‘was made only for a moral lating moral behavior across society. three States in this beautiful, wonder- and religious people.’’ As LDS Apostle Dallin H. Oaks has ob- ful country, where religious freedom is For Washington, Adams, and many served, ‘‘Our society is not held to- a revered right and a heralded concept. others who helped to establish our con- gether just by law and its enforcement, Those 2 years were the most impor- stitutional system of self-government, but most importantly by voluntary tant years of my life because they led religion, morality, freedom, and de- obedience to the unenforceable and by to a wonderful marriage with Elaine, 6 mocracy are necessarily interlinked. widespread adherence to unwritten children, 23 grandchildren, and 16 great Without the moral sensibilities that re- norms of right . . . behavior.’’ grandchildren, and those are all I know ligion that can provide, freedom is all Of course, religion and a basic sense about at this time. I have to say that too easily corrupted, endangering the of morality help induce such voluntary they led to a better life in every way, very foundation of democracy. obedience to the unenforceable that even though my life has been hard. Our Founding Fathers were not alone Elder Oaks describes. George Wash- I was raised in Pittsburgh, PA. My in calling attention to the inextricable ington conceded that individuals may father was a building tradesman. connection between religion and a find morality without religion, but po- Sometimes there wasn’t work. We lost healthy democracy. The renowned po- litical society needs the spiritual our home shortly after my birth. It was litical philosopher Alexis de grounding that only religion can pro- a little band-box frame home in Home- Tocqueville offered his own analysis on vide. In this regard, religion com- stead Park, PA. My dad borrowed $100 the subject. After spending several plements law in cultivating a moral to purchase an acre and then tore down months observing American Govern- citizenry. a burned-out building to build us a ment and society, Tocqueville wrote Both law and religion are necessary home that was black on three sides, his famed ‘‘Democracy in America’’ in to engender good citizenship. As the in- and the fourth side had a Meadow Gold an attempt to explain American polit- fluence of religion diminishes, govern- Dairy sign that he had apparently torn ical culture to his French counter- ments must enact more laws to fill the down and put up just exactly the way parts. When Tocqueville published his void to maintain a moral citizenry. So it was. We didn’t have indoor facilities. work in the early 19th century, the the consequences of less religious ac- It was an acre of ground, and we United States was a burgeoning democ- tivity are not greater human freedom raised quite a bit of our food. We actu- racy and unique as one of the only but greater state control. ally raised chickens. I was in charge of countries in the world that guaranteed Religion, then, acts as a check on the chickens, taking care of the chick- religious liberties to its citizens. state power. It cultivates morality so en coop, feeding them, cleaning up At this intersection of democracy governments don’t have to through the after them, collecting the eggs every and religion, Tocqueville made his cold, impersonal machinery of law. day, selling the eggs, and delivering most compelling observations. Like By acting as a shield against state the eggs, from 6 years old on. I am glad Washington and Adams, Tocqueville overreach, religion is a friend to both I had that experience. believed that religion was essential to democracy and freedom. Expanding re- I am glad that my family went to the success of the American political ligious freedom empowers democracy, church and was religious. The Mormon experiment. Without the moral stric- but limiting religious freedom weakens Church at that time in Pittsburgh was tures of religion, the Nation’s democ- our democratic institutions. In the very small, but the people were all pa- racy would collapse on itself. In most extreme case, eliminating reli- triotic and loved America. Why did Tocqueville’s own words: gious freedom altogether results in tyr- they? Many of them were from other

VerDate Sep 11 2014 23:41 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.021 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8208 CONGRESSIONAL RECORD — SENATE December 1, 2015 countries. They loved America because Social Security disability insurance Imagine getting up in the morning, they were free. I didn’t know any bet- fund. going to your desk, you have the cre- ter, but I knew I was free, and that was What is the facilitator fraud? dentials of a doctor—in this case a psy- important—not just to me but to my Facilitator fraud is when individuals chologist—to issue an opinion as to parents and to many others as well. with specialized knowledge use system what the claimant’s medical condition Elaine and I are so grateful that we as a means to fraudulently, illegally is, and then participate in this cycle of have been able to raise our six chil- qualify people to receive SSDI benefits. fraudulent activity and be paid for it. dren, all of whom are married now, all They look for claimants either by put- That is his job. That is what he does of whom have children, and many of ting out ads or using social media or every day. Fortunately, we caught whom have our great-grandchildren. word of mouth: Look, you too can get him, and that is how we know about The thing that tied us together more checks from the Federal Government this. than anything else was religion in this even if you are not disabled because we In August of 2013, Federal law en- freest of all nations. I am so grateful have figured out how to qualify you. forcement officials and the Puerto Rico for this country. I am so grateful for We will help you process these forms. Police Department arrested 75 people the freedoms that we all take for We have connections with doctors and in Puerto Rico and dismantled a large- granted. I am so grateful for my par- medical providers who will be able to scale disability fraud scheme involving ents, who were just humble people, nei- give us written information, even physicians and a claimant representa- ther of whom had received any edu- though it is fraudulent and illegal, that tive who is also a former Social Secu- cation beyond the eighth grade, but you can use to justify with the Social rity Administration employee. both were brilliant in his or her own Security Administration to qualify for So not only are individuals doing way. The thing they taught us was reli- Social Security disability. this, but there are groups of individ- Then, when those payments start, gion and doing good to our fellow men uals who are working through a sys- the facilitators get a percentage of and women. tem. These are just two small examples that or they have worked out some I am so grateful for this great coun- of what is happening. To give some kind of agreement that you will pay us try. I am so grateful for all of the credit, the discovery of this has pro- this amount of money if we can get you many blessings we have from religious duced some progress in terms of ad- the claim. Once disability payment is freedom, and I don’t want to see us lose dressing this problem. The most recent made, financial compensation to the that in the realm of political correct- budget deal reached in the Senate in- facilitator is in place, and there is a vi- cluded increased funding for what is ness. cious cycle of fraud and abuse. So in- In closing, I urge all of my colleagues called the Cooperative Disability In- stead of robbing Peter to pay Paul, to consider the state of religious lib- Peter and Paul are robbing the Federal vestigation Units, which investigate erty in the United States today. Only Government together and reaping the suspicious disability claims and hope- by strengthening this fundamental benefits. fully prevents fraud before it happens. freedom can we secure the future of our Over the last 5 years, the Social Se- Additionally, the Social Security Ad- own democracy and keep the rest of curity Administration has seen an ministration’s regional Disability our freedoms alive and viable. amazing increase in fraudulent activity Fraud Pilot Program works specifi- I suggest the absence of a quorum. associated with facilitators. The esti- cally on facilitator fraud across the The PRESIDING OFFICER. The mate is potentially 1 percent and per- country trying to identify those high- clerk will call the roll. haps even more—we haven’t tied this dollar, high-impact cases involving The senior assistant legislative clerk down yet—of SSDI payments are af- third-party facilitators conspiring with proceeded to call the roll. fected by facilitator fraud. We have claimants to defraud the Social Secu- Mr. COATS. Mr. President, I ask taken a rough estimate of what this rity Administration. It is a pilot pro- unanimous consent that the order for would amount to over a 10-year period gram. I don’t know why we haven’t had the quorum call be rescinded. of time and dropped $.4 billion. We that program in place from its very in- The PRESIDING OFFICER (Mr. think at least $10 billion over 10 years ception. Every agency distributing CRUZ). Without objection, it is so or- is a conservative estimate of the waste funds for individuals should have as a dered. of taxpayers’ dollars through fraudu- component of that agency an investiga- f lent, illegal means. tive process for fraud, waste, and abuse WASTEFUL SPENDING Last month the Social Security in- because—you name the program writ- spector general, Patrick O’Carroll, tes- ing checks to claimants, and I believe Mr. COATS. Mr. President, I am here tified before the Joint Economic Com- we will be able to find those that are for my now 28th ‘‘Waste of the Week.’’ mittee, which I chair, and shared his fraudulently taking money out of tax- I have been coming to the floor of the concerns about this question. He said, payers’ wallets. Senate for 28 weeks pointing out gov- ‘‘There are people out there in posi- We are going to keep coming here ernment waste. tions of trust that the agency relies on every week putting the spotlight on Some in this Chamber say we can’t for information. . . .’’ as to deter- waste, fraud, and abuse. Today we add cut a penny more. We are down to the mining whether a claim is a legitimate another $10 billion to the total, which bone. We are far from it. This is just a claim for coverage. He said, ‘‘And if keeps growing and growing. Now it is a small effort, having been shot down, in those people [whom we rely on] decide total of $128,812 billion of documented terms of anything larger to do to deal to defraud the government’’—by send- waste, fraud, and abuse. This is not with our fiscal situation, because the ing in false claims, backed up by false something we make up. This is not White House simply does not want to medical support, the taxpayer is being something we read about in the paper. engage in it. We at least ought to be taken to the cleaners. ‘‘We have found This is something where agencies of able to take steps as a body to elimi- that in some cases the former Social the Federal Government, which have nate the kind of wasteful spending that Security employees’’—that have left accountability and responsibility to takes place on a daily basis in Wash- the employment of the Federal Govern- try to dig in and find this abuse, pro- ington. ment—‘‘that understand the way the vide information on a regular basis, I have come down once a week to do system works then go into conspiracies but it is something taxpayers simply this. I could come down every day, I with unscrupulous medical providers cannot afford, should not be obligated could come down every hour and point and attorneys, where they will use im- to pay, and highlights the fact that we out something in this vast array of proper information and facilitate get- have a government growing beyond its Federal Government that never stops ting in so that a person will get on ben- means. growing that simply falls in the cat- efits,’’ and they get the payment and Mr. President, I yield the floor. egory of waste, fraud, and abuse. So far the rewards. I suggest the absence of a quorum. we are well over our $100 billion goal of Last year, a San Diego-area psychol- The PRESIDING OFFICER. The accumulated waste. Today, this is No. ogist confessed to charging his patients clerk will call the roll. 28. Specifically, this particular waste $200 each to fabricate medical evidence The senior assistant legislative clerk of the week is facilitator fraud in the to support their disability claims. proceeded to call the roll.

VerDate Sep 11 2014 23:41 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.023 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8209 Mr. COATS. Mr. President, I ask Go!’’ Governor Walker went many much of what Olene Walker was really unanimous consent that the order for places in her public service but sent all about. Resting on a desk in the the quorum call be rescinded. thousands and thousands of Utah chil- background of the picture is a statue of The PRESIDING OFFICER. Without dren on adventures never to be forgot- a vibrant, energetic, pioneering objection, it is so ordered. ten in the wonderful world of good Brigham Young. He is walking swiftly, f books. She was living proof that books leading with staff in hand, eyes set on expand the mind and that a mind ex- a bright future as he began the auda- EXTENSION OF MORNING panded, especially the mind of a child, cious endeavor of being the first to es- BUSINESS could never return to its original state. tablish a lasting legacy in the tops of Mr. COATS. Mr. President, I ask I was inspired when reading her obit- the Rocky Mountains. In the picture, unanimous consent that morning busi- uary that the last line, in typical Olene the statue of Brigham Young almost ness be extended until 3 p.m. today, Walker style, stated: ‘‘In lieu of flow- appears to be trying to keep up with with Senators permitted to speak for ers, please read with a child.’’ Her com- Governor Walker. Only Olene Walker up to 10 minutes each. mitment to the principle of lifelong could get a trailblazing Brigham Young The PRESIDING OFFICER. Without learning is a legacy in and of itself. to pick up the pace. Governor Walker, objection, it is so ordered. Governor Walker also understood likewise, was a pioneer and a trail- that it didn’t really matter where she blazer, moving swiftly, leading with a f served, but how she served. Whether clear vision of a better society, and RECESS working alongside her husband in the guided by her principles of lifelong family’s snack business, in the legisla- Mr. COATS. Mr. President, I ask learning, selfless service, and civil dia- ture or in the Governor’s office, Olene unanimous consent that the Senate logue. Her life of many firsts will be Walker knew that her time on this stand in recess as under the previous celebrated and emulated for genera- Earth would never be measured by the order. tions to come because it was founded titles she held but by the impact and There being no objection, the Senate, on and inspired by such principles— influence that she had on others. She at 12:28 p.m., recessed until 2:15 p.m. principles that will truly last. understood and lived by the adage: ‘‘We and reassembled when called to order The PRESIDING OFFICER. The Sen- are to live our lives not by days, but by by the Presiding Officer (Mr. ator from Colorado. deeds, not by seasons, but by service.’’ PORTMAN). f After leaving the Governor’s mansion, The PRESIDING OFFICER. The Sen- she participated in literacy forums, TRAGEDY AT PLANNED PARENT- ator from Utah. served an LDS mission with her hus- HOOD CLINIC IN COLORADO f band in New York, and at an age when SPRINGS REMEMBERING GOVERNOR OLENE most people slow down, Olene Walker Mr. BENNET. Mr. President, I am WALKER took on a new and, many would say, here to reflect on the tragedy that oc- daunting challenge of leading dozens of curred in Colorado Springs last week. Mr. LEE. Mr. President, I rise today 3- to 11-year-old children for 2 hours There, a gunman attacked a Planned to pay tribute to Governor Olene Walk- every Sunday in her LDS congregation. Parenthood clinic, killing three people er, Utah’s 15th Governor, who passed Governor Walker served with con- and injuring nine others. Colorado is away on Saturday, November 28, 2015, fidence, charisma, and charm that was mourning the losses of the three who at the age of 85. She was the first elevating and at the same time en- were murdered, all of whom were par- woman to serve as Utah’s Governor, lightening. National political players, ents in the prime of their lives and all worked as Lieutenant Governor for rural farmers, business executives, and of whom represented the best of our over 11 years, and was a member of the children were equally inspired by her State. Utah Legislature for 8 years. energetic approach, and they responded Officer Garrett Swasey was one of Olene Walker will be remembered to her invitation to engage because the first officers to arrive at the scene. and revered by Utahns not because of they sensed that what they were about He had served as an officer at the Uni- the many firsts she pioneered in poli- to experience was not about Governor versity of Colorado Colorado Springs tics but for her commitment to leave a Walker; it was about them. Police Department for 6 years. Garrett legacy of public and, more impor- In an age of egomaniacs and nar- had been married to his wife Rachel for tantly, private service based on prin- cissists, Olene Walker’s example of 17 years. He leaves behind his two chil- ciples that truly last. Olene Walker’s selfless service in high office is a model dren—Faith, who is only 6, and Elijah, life and career were centered in the for all to follow—a model that all peo- who just turned 11 on Sunday. His wife principles of lifelong learning, selfless ple should try to emulate. Governor said: service, and making a difference Walker also understood the principle His greatest joys were his family, his through civil discourse and meaningful that mean-spirited arguments produce church, and his profession. We will cherish dialogue. little, while meaningful dialogue cre- his memory, especially those times he spent Governor Walker believed that the ates much. She was known for her dis- tossing the football to his son and snuggling best way to open a mind was to read a arming style and for her corresponding with his daughter on the couch. book. Immediately upon becoming ability to pull people into a conversa- She went on to note: Governor, she launched her Read With tion. She believed and lived by a motto Helping others brought him deep satisfac- a Child Program, focused on getting that my office is committed to. The so- tion and being a police officer was a part of adults to read with a child for 20 min- lution to any and every problem begins him. In the end, his last act was for the safe- utes every day. She knew that 20 min- when someone says: Let’s talk about ty and well-being of others and was a tribute utes of daily reading would not only it. Olene Walker challenged political to his life. transform children across the State by candidates, elected officials of both Officer Swasey’s actions last Friday getting them to read at or above grade parties, and young people in particular spoke to his extraordinary courage and level, but it would transport them to to transcend the talk-radio style bom- selflessness. As a university police offi- magical places, big ideas, and brighter bast in personal attacks in favor of cer, he wasn’t under any obligation to futures. Because she became Governor civil, serious, and substantive discus- respond when he first heard of the inci- at the age of 73—and as a grand- sions. The Olene S. Walker Institute of dent through emergency radio. He mother—I think she also recognized Politics & Public Service, at her be- could have looked the other way. Yet that 20 minutes of reading with a child loved Weber State University, is a tes- he was one of the first to arrive at would inspire the adults in the State of tament to her commitment to make a Planned Parenthood, which is 4 miles Utah as well. difference through a more meaningful away from the university. Governor Walker was never far from and deeper dialogue. His good friend and copastor said a book or a group of children to read A picture of Olene Walker taken in- that Officer Swasey often responded to to, often choosing her personal favorite side the Governor’s mansion contains dangerous calls off campus and that he from Dr. Seuss, ‘‘Oh, the Places You’ll an interesting image that illuminates put other people’s lives before his own.

VerDate Sep 11 2014 23:41 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.025 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8210 CONGRESSIONAL RECORD — SENATE December 1, 2015 The University of Colorado Colorado ther, who had just wished her a happy budget operation. It is a special debate Springs police chief said: Thanksgiving one day earlier, called that can result in the passage of a bill There was no way any of us could have her ‘‘the most lovable person . . . kind- with 51 votes in the Senate. There will kept him here. He was always willing to go. hearted . . . always there when I need- be a limit on the debate of 20 hours—10 . . . He had an enthusiasm that was hard to ed her.’’ hours for each side—to convey any quell. Yesterday her husband said: messages that Senators may have Officer Swasey is truly a hero in She was a very caring and compassionate about the bill and also to handle any every sense of the word. Before joining person and patient and understanding par- amendments. At the end of the process the university police force, Officer ent. She was deeply loved by all who knew there could be another vote-arama if Swasey was a Junior National Cham- her. She was always helping the kids do there are a lot of amendments left pion ice skater. Upon hearing the news homework and reading books with them. We over. This is an amendable bill. It has of the tragedy, his skating partner, will miss her; her cooking, crafting and ad- quite a few rules that fall under the with whom he won that championship, venturous spirit. budget process that make this a bit observed: Three young parents who woke up more difficult than just a wide-open Garrett was selfless, always there to help last Friday morning with long, bright bill, so there are rules that have to be me, always my wingman. He was my brother futures ahead of them, with the chance met in order for an amendment to not and my partner. I could always count on to raise their children and watch them affect the outcome of the bill. him. grow and learn, with the chance to con- Many of you have heard of the ex- After his competitive career, Officer tribute, as they had before, to our com- pression, I am sure, ‘‘caveat emptor,’’ Swasey continued to teach skating. He munity and our country but instead which means buyer beware. The Presi- also served as a copastor at Hope Chap- whose lives were violently ended in a dent and the Democrats in Congress el, which he and his family attended hail of gunfire—three strangers to each should have heeded this warning before since 2001. At church he led care groups other, now joined together in our forcing the country to purchase and taught Scripture and guitar. At fondest memories. Nine others were ObamaCare, which still remains un- services on Sunday, a fellow pastor at wounded, and our thoughts and prayers workable, unaffordable, and more un- the church described how he felt. ‘‘You are with them and their families as popular than ever. For millions of don’t realize how much you love some- well. Americans the law today represents one until you can’t tell him anymore.’’ We should also honor and thank the nothing more than broken promises, Our State is also mourning the loss Colorado Springs Police Department higher costs, and fewer choices. of Ke’Arre Marcell Stewart. He was and other local law enforcement agen- It is no surprise that a Gallup poll only 29 years old. Here is how his fam- cies that responded so swiftly and ef- published last month, more than 5 ily and friends have described Ke’Arre: fectively. Five officers were wounded years after the law was passed and sev- ‘‘a good friend and an amazing lis- in the attack. eral years into actual implementation, tener’’; ‘‘one of the most caring men I wish to also recognize the employ- shows that most Americans still op- I’ve ever met’’; ‘‘someone you could ees at Planned Parenthood who worked pose this unprecedented expansion of just sit and talk to about life’’; ‘‘car- tirelessly during the extended shooting government intrusion into health care ing, giving, funny and just a damn good and hostage incident to ensure that decisions for hard-working families and person.’’ their patients were kept safe. small businesses. Another poll I found Those traits were on display Friday This is not the day to talk about how interesting showed that more people when he was at Planned Parenthood our country begins to emerge from this were concerned about what has hap- accompanying a friend. He served our season of killing and violence, but let pened with health care than they do country in the Army and was deployed me simply say in recent years too about climate change. That is appro- to Iraq between 2005 and 2006. Last many of our children and parents have priate for this week. week he died as he was trying to save had their lives stolen, and too many of The law is saddling American house- others. According to reports, after the rest of us have lived to pursue the holds with more than $1 trillion in new being shot outside of the building, ordinary course of our lives—going to taxes over the next 10 years. According Ke’Arre ran back inside to warn others school, going to work, seeking health to the Congressional Budget Office, to seek safety. His family credits his care—in the shadows of the question: ObamaCare will cost taxpayers more military training and instinct for how Whose child will be next? Whose mom than $116 billion a year. In fact, on av- he responded. Ke’Arre wasn’t a native and dad will be next? erage, every American household can of Colorado. He was born in Texas, What we need today—instead of expect more than $20,000 in new taxes where he was a three-sport athlete, charged rhetoric and political tactics— over the next 10 years because of this playing football, basketball, and run- is to find a way to at least begin fig- bill. ObamaCare’s crushing regulations ning track. His friends say he moved to uring out how we can deal with these mean smaller paychecks for families Colorado because he was stationed at problems that we need to solve, how we while holding back small businesses Fort Carson and stayed, like so many can make things better. from expanding and hiring new work- of us, because he loved our beautiful I thank my colleagues for their com- ers. For every American, ObamaCare State. Ke’Arre had two children, both forting words this week, and I hope we has meant more government, more bu- daughters. They are 11 and 6 years old. will all take time in the days ahead to reaucracy, and more rules and regula- His friend observed that ‘‘he loved his think of the families and victims in- tions, along with soaring health care daughters to death. He would do any- volved in this tragedy. Take a moment costs and less access to care. thing for them.’’ to think of the kids who lost their When we were debating this bill 5 Finally, the third victim, Jennifer mom or dad. years ago, I remember talking about 30 Markovsky, was also accompanying a I have no doubt that the Colorado million people in the United States friend to the clinic on Friday. Jennifer Springs community and our State will being uninsured. Today there are 30 grew up in Hawaii, where she met her come together to heal during this dif- million people in the United States un- husband who was serving in the Army ficult time. We could all take a cue insured, it is just a different 30 million at the time. About a decade ago—in a from that here. people. The ones who couldn’t be in- story similar to Ke’Arre’s—they moved I thank the Presiding Officer, and I sured are insured and the ones who to Colorado when he was reassigned. yield the floor. were insured can’t afford the insur- Jennifer’s family described her as a The PRESIDING OFFICER. The Sen- ance. Of course, there was a lot of talk loving wife and mother to a young son ator from Wyoming. about health care companies gouging and daughter. Her sister-in-law told f the insured. We put in risk corridors so the Colorado Springs Gazette: ‘‘She those who were making an excess prof- lived for her kids.’’ She said Jennifer OBAMACARE it would put in money that would go to often took her children, who are 10 and Mr. ENZI. Mr. President, shortly we those who didn’t figure on the right 6, on hikes and spent time with them will be getting on a bill to repeal number of people or how healthy the baking and working on crafts. Her fa- ObamaCare. It comes as a part of the people would be who they insured. We

VerDate Sep 11 2014 01:57 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.033 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8211 now know that didn’t work. The that ObamaCare is a $1 trillion tax even though we had a very extensive amount of money that went into the hike that families and employers sim- amendment process in committee and fund was rather insignificant, so those ply can’t afford. on the floor. Essentially, the Repub- who undercharged aren’t getting much We can talk about fewer choices. lican ideas were all thrown out. Both and companies are going out of busi- ObamaCare’s mandates and taxes on sides weren’t included, so it was not a ness. employer-sponsored health care plans bipartisan bill. Today we take a crucial step forward are not only leading to higher out-of- After passage of the bill, we had a in beginning to lift the burdens and the pocket expenses but also fewer choices special time at the Blair House where higher cost of this law that has been and services for 150 million Americans there were half Republicans and half placed on all Americans. As I men- who have relied upon job-based health Democrats who got to speak with the tioned, this is a special budget oper- benefits for decades. It eliminated President for a day. The amazing thing ation that only requires 51 votes. The some of the competition, and competi- at that meeting was that every time a House has already passed a bill with tion is the real way to bring down Republican mentioned an idea, the more than a significant majority. prices. President blasted it immediately. By the time we are done, the legisla- I remember when we did Medicare When the Democrats suggested an idea, tion the Senate passes will eliminate Part D. I was a little concerned be- those were all good. At the end of the more than $1 trillion in tax increases cause there were only two companies day, it turned out to be very much a placed on the American people while that were providing the pharma- waste of time because not a single idea saving more than $500 billion in spend- ceutical benefit in Wyoming, and I was even considered that was brought ing. Most importantly, this bill begins thought they would maybe drop out of up at that time by the Republicans. to build a bridge from the President’s the program, but Medicare Part D in- We still need health care reform, but broken promises to a better health care creased competition. What did in- it has to be done the right way—not system for hard-working families creased competition do? It brought comprehensive. In my opinion, ‘‘com- across the country. down the price of the pharmaceuticals prehensive’’ means so large that no- Let’s talk about the broken prom- by 25 percent before it even went into body can understand it, and that is ises. As a Presidential candidate, then- effect. kind of what happened with this bill. Senator Obama promised Americans ObamaCare didn’t provide for more We have to do it step by step. They can they could keep their health plan if competition. According to the non- be pretty big steps, but if we do it step they liked it. When he was in office and partisan Kaiser Family Foundation, by step, we can bring the American the bill was there, he said: If you like employees who have job-based insur- public along. They can understand it, your plan, you can keep it. Millions ance have witnessed their out-of-pock- and they can tell us the unintended soon learned they can’t. This is be- et expenses, on average for an indi- consequences, and those can be fixed. It cause ObamaCare has drastically re- vidual, climb from $900 in 2010 to $1,300 would be correctable. This bill hasn’t duced America’s choice among health in 2015. Employees working for small been correctable. We have known the care plans through a Federal Govern- businesses now have deductibles of over flaws. The President has put waivers ment takeover of the insurance mar- $1,800. Since ObamaCare became law, on to keep us from noticing them soon- ketplace. In fact, the President’s prom- several large employers have stopped er. We have offered to make correc- ise, ‘‘If you like your plan, you can offering benefits to part-time employ- tions but have never been taken up on keep it,’’ was named PolitiFact’s ‘‘Lie ees, including Walmart, Target, Home our offer. of the Year’’ in 2013 after the health Depot, and Trader Joe’s. The premiums Providing access to high-quality, af- care plan cancellations were mailed to have gone up and the deductibles have fordable health care is something I am over 4 million Americans. gone up. There are fewer choices and confident that Democrats and Repub- Let’s talk about the higher costs. higher costs. licans should be able to do. It is time Americans were also promised lower So this was supposed to build a to build a bridge from the broken health care costs, but even the admin- bridge to better care. Over the past 50 promises to better health care for each istration admits ObamaCare is failing years, our Nation has made great and every American once and for all. to address costs and said average pre- strides in improving the quality of life f miums are expected to rise by 7.5 per- for all Americans, but these trans- cent this year. Recent headlines from formative changes were always forged EXTENSION OF MORNING across the country actually show much in the spirit of bipartisan compromise BUSINESS more dramatic increases. and cooperation. These qualities are es- Mr. ENZI. Mr. President, I ask unani- In Minnesota insurance policies on sential to the success and longevity of mous consent that morning business be the exchange have rate hikes in the crucial programs such as Medicare and extended until 4 p.m. today, with Sen- double digits—between 14 and 49 per- Medicaid. ators permitted to speak therein for up cent. In Oregon premiums for the Shortly before he retired in 2001, Sen- to 10 minutes each. benchmark plan on the exchange will ator Daniel Patrick Moynihan, a Dem- The PRESIDING OFFICER. Is there go up about 23 percent. In Alaska the ocrat from New York, said: objection? premium hike will be more than 31 per- Never pass legislation that affects most Without objection, it is so ordered. cent for the benchmark plan. In Okla- Americans without real bipartisan support. The Senator from Vermont. homa the second lowest cost silver plan It opens the doors to all kinds of political f premiums will increase more than 35 trouble. percent. In Utah plans on the federally Senator Moynihan correctly noted BUDGET RECONCILIATION BILL run exchange will be 22 percent higher that the side that didn’t support the Mr. SANDERS. Mr. President, as the next year. law will focus on each and every ranking member of the Budget Com- The President of the United States misstep. More importantly, he pre- mittee, I rise in strong opposition to himself promised that this bill was not dicted that the measure’s very legit- the budget reconciliation bill we are a tax. In fact, this was one of the law’s imacy would always be in doubt and debating today. In fact, this bill should top selling points because Democrats that the majority of Americans would tell every American just how far re- knew it would never pass if they said it have trouble supporting it in the long moved the Republican leadership here was a tax, but while they got the bill run unless it unquestionably achieved in Congress is from the realities of passed and signed into law, the Su- all of its goals. American life and the needs of the preme Court later ruled it is a tax. We have seen each of these scenarios American people. This law was deceptively sold to the play out over the past 5 years as the At a time when the United States is American people and now these hidden health care law has polarized America the only major country on Earth that taxes are being passed on to hard-work- like nothing before. does not guarantee health care to all ing families in the form of higher fees Bipartisan support, of course, means people; when 29 million Americans and costs. It is time for Democrats in that both sides get some things into today have no health insurance and Congress and the President to admit the mix of the bill. That did not happen even more are underinsured, with high

VerDate Sep 11 2014 23:41 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.035 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8212 CONGRESSIONAL RECORD — SENATE December 1, 2015 deductibles and high copayments; when repeal ObamaCare. I kind of lost track This is a bad piece of legislation. It is we pay the highest prices in the world of how many times this effort has been a piece of legislation that is not going for prescription drugs and when one made. I think in the House it is over 50. to go anyplace because it is going to be out of five Americans is unable to fill I don’t know how many it is here in the vetoed, and it is a piece of legislation the prescriptions written by their doc- Senate. Let me break the news to my that I think speaks to why the Amer- tors because drug prices are so high, Republican colleagues, although I am ican people are giving up in so many what this legislation does is move us in sure they already got the news: Presi- ways on the political process. People exactly the wrong direction. It would dent Obama is not going to sign a bill are struggling all over this country. throw more than 17 million Americans repealing ObamaCare. I think that is They are hurting. They are working off of health insurance by gutting the not likely to happen. And what we are longer hours for lower wages. They Affordable Care Act. So we have a doing today is just a waste of time. can’t afford to send their kids to col- health care crisis, and this bill makes Let’s also be clear—this bill doesn’t lege. They can’t afford childcare. They the crisis much worse. just gut the Affordable Care Act, it are worried about high unemployment. Every other major country on Earth also eliminates funding for Planned This bill attempts to repeal guarantees health care for all of their Parenthood, which provides health care ObamaCare. That is where we are. people as a right, but this bill would services to nearly 3 million women I hope very strongly that this bill is add 17 million more Americans to the each and every year. defeated. If it is not defeated, I hope ranks of the uninsured, creating a situ- Last week three people were killed and expect the President will veto it. ation in which we would have 46 mil- and nine were wounded at a shooting at With that, I yield the floor. lion Americans without any health in- a Planned Parenthood clinic in Colo- The PRESIDING OFFICER. The Sen- surance at all. rado Springs, CO. While we still don’t ator from Tennessee. I think any sensible person would ask have all of the details as to what moti- Mr. ALEXANDER. Mr. President, I an obvious question: What happens to vated the shooter, what is clear is that ask unanimous consent to speak for up people who lose their health insurance? Planned Parenthood has been the sub- to 30 minutes in morning business. The PRESIDING OFFICER. Without How many of those people will get ject of vicious and unsubstantiated objection, it is so ordered. much sicker than they otherwise would statements attacking an organization have because they are unable to go to that provides critical care for millions f a doctor when they need to go? How of Americans and, in fact, provides OBAMACARE many of those people will not be able very high quality care. I, for one, strongly support Planned Mr. ALEXANDER. Mr. President, let to get the prescription drugs they me take my colleagues back 51⁄2 years need? In fact, how many of those peo- Parenthood and the work it is doing. In my view, instead of trying to defund to February 25, 2010, and the White ple will die? Let’s be frank. When we Planned Parenthood, we should be ex- House health care summit at the Blair throw 17 million people off of health in- panding funding so that every woman House—the same place where Senator surance, people will die because they in this country gets the health care she Arthur Vandenberg sat down with don’t go to a doctor when they should needs. George Marshall. They met privately and they don’t go to the hospital when It is also my sincere hope that people to discuss the postwar plans after they should. throughout this country, including my World War II. The result of that discus- We know that before the passage of colleagues here in the Senate and sion became the Marshall Plan. It was the Affordable Care Act, 45,000 Ameri- across the Capitol in the House, under- the perfect setting—it is the perfect cans died each year because they stand that bitter, vitriolic rhetoric can setting for a serious, bipartisan discus- lacked health insurance and didn’t get have serious, unintended consequences. sion for how to improve health care for to a doctor in time. I have talked to Now is not the time to continue a Americans. many doctors in Vermont and through- witch hunt for an organization that Thirty-six Members of Congress went out this country who tell me that yes, provides critical health care services— to the Blair House that day at the invi- of course, people walk into their door from reproductive health care, to can- tation of President Obama. We were much sicker than they should have cer screenings and preventive serv- there to discuss the health care bill been. ices—to millions of Americans. No one passed by the Democrats, what is now When the doctor asks, ‘‘Why didn’t is forced to seek care at Planned Par- known as Obamacare. We stayed there you come 6 months ago when you were enthood. It is a choice—a choice mil- all day. The President stayed there sick?’’ patients say, ‘‘I didn’t have any lions of women make freely and proud- too. It was televised continuously. health insurance and I couldn’t come.’’ ly. Both then-Minority Leader Boehner By the time they walk in the door, too This legislation is not only bad legis- and Republican Leader MCCONNELL often it is too late. That is not what lation and it is not only a waste of asked me to lead off in speaking for should be happening in America, but time because if it passes, it will be ve- Republicans. that is what will increasingly happen if toed, but what it also tells the Amer- I said to the President that day that this legislation were to pass. ican people is that the Republican I was there not only to represent the In the United States of America, leadership is not prepared to discuss or view of Republicans but that I was when a person is sick, that person to address the major crises facing our there also as a former Governor and should be able to access health care country. that I would like to have a chance to and see a doctor. That is not a radical Just today a report came out stating speak for the Governors as well be- idea. And when a person goes to the that the top 20 wealthiest people in cause Governors managing States had hospital, that person should not end up this country own more wealth than the a big stake in all of this. in bankruptcy. bottom half of the American people—20 I also said that I was at the summit Instead of throwing 17 million Ameri- people on one side and 150 million peo- to represent the views of a great many cans off of health insurance, what we ple on the other. The level of wealth in- of the American people who have tried should be doing is expanding on the im- equality in America is grotesque and to say in every way they knew how— provements of the Affordable Care Act unacceptable. Not one word in this bill through town meetings, through sur- to make health care a right of all peo- addresses that issue. veys, through elections in Virginia and ple, not just a privilege. Today in America, millions of our New Jersey and Massachusetts—that Further, let’s be clear—and I think people are working longer hours for they oppose the health care bill that everybody here in the Senate under- lower wages. They are working two or was passed in the Senate in the middle stands this—the bill we are debating three jobs just to survive. Yet 58 per- of a snowstorm on Christmas Eve. today is a complete waste of time. This cent of all new income created is going I warned the President then about is just another reason why the Amer- to the top 1 percent. Is there anything the unfortunate consequences of ican people have so little respect for in this legislation that would raise Obamacare for millions of Americans. I the Congress. There are major crises wages for millions of American work- said to the President that this would facing our country, and the Republican ers who are struggling to keep their send an unfunded Medicaid mandate to leadership is once again attempting to families solvent? States. I said:

VerDate Sep 11 2014 23:41 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.036 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8213 ‘‘It will cut Medicare by about half a tril- of the Federal Government’s biggest aid’s huge negative effect on State lion dollars and spend most of that on new unfunded mandates, and expanding budgets. programs. . . . It means there will be about that mandate on States would only a half trillion dollars of new taxes in it. It Second, higher premiums. When my means that for millions of Americans, pre- wreak more havoc on State budgets turn came at the White House summit, miums will go up, because when people pay that, especially at that time during the this is what I said directly to the Presi- those new taxes, premiums will go up, and height of the recession, were already dent: ‘‘The Congressional Budget Office they will also go up because of the govern- struggling. Our former Tennessee Gov- report says that premiums will rise in ment mandates.’’ ernor Phil Bredesen, a Democrat, said the individual market’’ as a result of That is what I said 51⁄2 years ago. I that the proposed Medicaid expansion Obamacare. The President turned to said directly to the President then that under Obamacare would represent ‘‘the me and said I was wrong about that. instead of this partisan plan passed mother of all unfunded mandates.’’ A little bit later in the day, I gave without the support of a single Repub- When I was Governor of Tennessee in the President a letter from the Con- lican in the Senate, we Republicans the 1980s, Medicaid made up only about gressional Budget Office showing that were prepared to work with him to re- 8 percent of Tennessee’s State budget. they predicted I would be right, that 1 form health care. I said 5 ⁄2 years ago to By last year it was 30.6 percent. States new non-group policies would be about the President that we need to start paying more and more to expand Med- 10 to 13 percent higher in 2016 than the over and go step-by-step in a different icaid means having less to spend on average for non-group coverage in that direction toward the goal of reducing other priorities like higher education, same year under the current law. In health care costs. I said then that this roads, and schools. In 2012, I said that that same letter, I reminded the Presi- means working together in the way over the prior 10 years, Tennessee’s dent, that his own Chief Actuary for that General Marshall and Senator Medicaid costs had gone up 43 percent, the Centers for Medicare & Medicaid Vandenberg did following World War II, forcing the State to decrease its fund- Services agreed with the Congressional and it means going step-by-step to- ing to colleges and universities by 11 Budget Office. gether to re-earn the trust of the percent. As a result, tuition went up You might be thinking that things American people. Those were my words 120 percent over those 10 years. would have turned out better than to the President of the United States According to the Congressional Budg- 1 what I, the Congressional Budget Of- at the health care summit 5 ⁄2 years et Office, the law will add $14 million fice, the Joint Committee on Taxation, ago. new beneficiaries to struggling State and the Chief Actuary for CMS had pre- The President and the congressional Medicaid programs by 2025, at an extra dicted, but we all, unfortunately, were Democrats listened all day, but they cost of $46 billion to States and $847 right. We were all right. Obamacare’s didn’t take any of my advice and hard- billion to Federal taxpayers by 2025. premiums were and are higher for ly any of the advice of my Republican Why is that so bad? I said at the time— Americans with individual health care colleagues about what the disastrous and it is still true today—Medicaid’s plans. We are talking about nearly 16 outcomes of Obamacare would be. So reimbursement rates are so low that 1 million Americans who purchase these now, 5 ⁄2 years after the law was passed only about one-half of the doctors will individual plans. They buy these poli- and 2 years into its implementation, even see Medicaid patients and many cies for themselves, and the cost of we can say one thing without question: of those aren’t accepting new ones. It these plans is going through the roof. The unfortunate reality for the Amer- is not hard to see why expanding a ican people is that they are struggling On June 1, 2015, the U.S. Department 1 failed program isn’t good for Ameri- with Obamacare and that 5 ⁄2 years ago cans who need better health care. of Health and Human Services an- Republicans were right. Another thing to consider is that nounced that nearly 700 individual and Obamacare was and is an historic States still haven’t had to pay yet for small-group health plans in 41 States mistake. Republicans agreed with the covering the new Medicaid enrollees plus the District of Columbia had re- President and his party that our health under the expansion. The Federal Gov- quested double-digit premium in- care system was broken. We agreed ernment promised to pay 100 percent creases for 2016. In Tennessee, the rate that it needed to be fixed, but we ar- for the first few years, but starting in hike was 36 percent; in Maryland, 26 gued that the President was moving in 2017—in just a couple of years—States percent. On average, 2016 premium in- the wrong direction. What Obamacare will have to start paying 5 percent and creases for Oregon’s biggest insurer on did was to expand a broken system eventually up to 10 percent in 2020. the State health exchange will be over that everyone knew was too expensive. That may not seem like much in Wash- 25 percent; for some smaller providers, Republicans said so at the summit in more than 30 percent; for South Dako- February of 2010, and the facts today ington terms, but it is a lot of money in State budgets. States may have to tans, the will pay 63 percent higher show we were right. premiums for health insurance through Let’s take a closer look at what Re- start raising income taxes or gas taxes or find some other place to find the the exchange. The list of States experi- publicans said then, nearly 6 years ago, encing health care spikes goes on. and what unfortunately came true. money. Regardless of how it is paid for, A recent report of the National Bu- Let’s look also at what Democrats pre- expanding Medicaid puts a huge dent in reau of Economic Research confirmed dicted back then—or better put, what State budgets. Does that mean less this, going back to the nonpartisan they promised—and which of their pre- money for teachers’ salaries? Does that Congressional Budget Office, which dictions and promises came true. Let’s mean tuition is going to have to go go through them one by one. even higher at community colleges and predicted in 2010 the premiums would First, Medicaid. During my opening State universities? go up. They said recently that pre- remarks at the Blair House at the sum- Tennessee hasn’t expanded Medicaid, miums on the Obamacare exchange mit, I said this: ‘‘Nothing used to make but in its proposal to expand the pro- will increase by 6 percent on average me madder as Governor than when gram called Insure Tennessee, Gov- every year between 2016 and 2024. Yet Washington politicians would get to- ernor Haslam anticipated an additional 51⁄2 years ago, the President and con- gether, pass a bill, take credit for it, $35.6 million in costs to the State in gressional Democrats told Republicans and send me the bill to pay.’’ That is 2017. In Illinois, Medicaid expansion time and time again during the debate exactly what Obamacare does with the will cost the State $208 million in 2020. that we were wrong, that the law would expansion of Medicaid. In addition, it In Kentucky’s expansion, the State decrease premiums, when in fact our dumps 15 to 18 million low-income will have to pay $74 million in 2017 and predictions, the administration’s own Americans into a Medicaid program an estimated $363 million in 2021. Gov- estimates, estimates from the National that none of us would want to be a part ernor-elect Bevin hasn’t started look- Bureau of Economic Research and the of because 50 percent of the doctors ing for ways to pay for that increase nonpartisan Congressional Budget Of- won’t see new patients. So it is like yet because he plans to try to repeal it. fice, all confirmed premiums for indi- giving someone a ticket to a bus line If you look at the figures you can see vidual policies are going through the when the bus runs only half the time. why he is thinking about it. We were roof. That is what I said 51⁄2 years ago. right about Obamacare’s enormous im- Third, Republicans said 51⁄2 years ago Medicaid had already always been one pact on Medicaid and in turn Medic- that Obamacare would increase taxes.

VerDate Sep 11 2014 01:57 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.037 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8214 CONGRESSIONAL RECORD — SENATE December 1, 2015 It did. Obamacare added 21 tax in- Obamacare forced them to cut posi- Again, the President went against creases to the Tax Code. That is $1 tril- tions or reduce worker hours. the promise he repeated over and over lion over 10 years, according to the What we Republicans said would hap- and raided a program that serves over Congressional Budget Office. A dozen of pen years ago was this: that Medicaid 55 million older Americans. these target middle-income Americans, would destroy State budgets—it did; In summary, unfortunately Repub- in clear violation of what the President that premiums and taxes would go up— licans were right when we said 51⁄2 had promised. they have; and that jobs would be years ago that Obamacare would force Then there was our fourth prediction: lost—they have. It has all, unfortu- spikes in State Medicaid spending, in- Obamacare will cost jobs. A few years nately, come true. crease premiums and taxes, and hurt after the law passed, I met with a large What did President Obama and con- jobs. As right as we were, the Demo- group of chief executives of restaurant gressional Democrats promise us about crats were wrong. They said that you companies in America. The service and this law at about the time of the could keep your plan if you liked it, hospitality industries are the largest health care summit 51⁄2 years ago? Were and they were wrong about that. They employers in our country. Usually they right or were they wrong? One of said Medicare wouldn’t be affected, and their employees are low-income, usu- the most infamous promises, which they were wrong about that. ally minority Americans. PolitiFact named—and I will use their Finally, we all agreed that health In the meeting, the chief executive of words—as the 2013 ‘‘Lie of the Year,’’ care needed to be fixed. So how did we Ruby Tuesday, Inc., which has about was the President’s ‘‘If you like your end up with a law that was such an his- 800 restaurants, said to me—and said plan, you can keep it.’’ toric mistake? Well, one big reason is he didn’t mind being quoted—that the When Obamacare was fully imple- the debate over Obamacare wasn’t real- cost to his company of implementing mented in 2014, millions of Americans ly a debate. If it had been, we might the new health care law was equal to or learned very quickly that they not find ourselves in a mess today. more than his net profit for that year, wouldn’t be able to keep the plans they The Senate Democratic leader then and as a result, he wasn’t planning to liked. had a filibuster-proof majority. He build any new restaurants in the In October 2013, I received a letter didn’t think he needed Republican United States. from a woman, Emilie, whom I met. ideas; so they didn’t take them. They An even larger restaurant company She lives in Middle Tennessee, and she passed a Democratic bill. They voted represented at the meeting said that has lupus. She was one of 16,000 Ten- for it; we voted against it. We sat here because of their analysis of the law, in- nesseans who were part of a plan called in a snowstorm on Christmas Eve when stead of operating their store with 90 CoverTN. She wrote me about her they had 60 votes, and they unveiled a employees, their goal would be to oper- chronic illness. She said she was bill filled to the brim with items from ate it with 70 employees. That means deemed uninsurable and that the only each Democratic Members’ wish list. fewer employees and fewer jobs because way to insure her was through Along with our warnings about what of Obamacare. CoverTN. She was glad to have that would happen, we offered a lot of More recently, another franchise coverage, and she was glad to hear thoughtful ideas about how to fix the business which has 550 employees told about Obamacare. Then she learned the health care system in a way that we me: We have already begun cutting the truth: thought would lower costs and expand hours of our employees to get well ‘‘I cannot keep my current plan because it access, while making sure patients below the 30-hour threshold, and all of does not meet the standards of coverage. didn’t lose control over their own our new job postings are for part-time This alone is a travesty. CoverTN has been a health care. But Democrats also had a employees. lifeline [for me]. With the discontinuation of CoverTN, I am majority in the House. They had a This has a bad effect on the em- being forced to purchase a plan . . . that will Democratic President. They didn’t ployer-employee relations, and, as increase [my costs] by a staggering 410%. My need our ideas, and so we got many Tennesseans have told me, 30 out of pocket expense will increase by more Obamacare. hours of work isn’t enough to support a than $6,000.00 a year. Please help me under- So what do we Republicans have to family. Those lost hours are because of stand how this is ‘affordable.’ ’’ offer Americans? Obamacare. This was Emilie in Middle Tennessee. Mr. President, how much time do I These are just a few examples of We could spend all day telling stories have remaining? basic economics. It heaps costs on em- of Americans who liked their health The PRESIDING OFFICER (Mr. ployers. They have less money to ex- care plans but weren’t able to keep LANKFORD). The Senator has 9 minutes pand, so there is less money to hire them under Obamacare. remaining. workers. They heap on even higher In November 2013 that looked as if it Mr. ALEXANDER. I thank the Pre- costs. They cut hours. With higher might be as many as 5 million Ameri- siding Officer. I will wrap up. I see the costs, they lay off employees. We have cans. The administration then did Senator from Washington on the floor. seen all three as a result of the em- some last-minute regulatory fixes and Throughout the Obamacare debate, ployer mandate that says employers lowered that number. But still, many Senator MCCONNELL, who was the mi- with more than 50 full-time employees Americans lost their plans, as Emilie nority leader at the time, was criti- need to provide health insurance. did. cized for not coming up with a com- What is more, Obamacare went a step The President also said: prehensive plan of his own. We told the further and for the first time in our ‘‘Medicare is a government program. But President and the congressional Demo- history defined ‘‘full time’’ as a 30-hour don’t worry: I’m not going to touch it.’’ crats not to hold their breath waiting workweek. I asked the former Demo- The problem was he did touch it; $700 for ‘‘McConnell Care.’’ Don’t hold your cratic chairman of our HELP Com- billion worth was taken from Medicare breath waiting for Senator MCCONNELL mittee: Where did that come from? to finance Obamacare. to come down to the Senate floor with France? Nobody knew where that came I said during the debate in 2009 that a wheelbarrow filled with a 2,700-page from. Full-time work in the United Obamacare would cut ‘‘grandma’s bill of his own, because that is not how States has not been typically consid- Medicare to spend on somebody other we believe the health care system ered 30 hours, but it is in Obamacare. It than grandma—a new entitlement pro- ought to be fixed. We are policy is causing large numbers of employees gram.’’ I said Obamacare would do that sceptics. We doubt that anyone in to work only 28 or 29 hours because at a time when the Medicare trustees Washington—Republicans, Democrats, their employers can’t afford to hire have told us that Medicare is going Independents—have the wisdom to fix them as full-time employees. broke if we don’t fix it. That is their such a complex system everywhere in The Congressional Budget Office has job to tell us that. I said then: ‘‘I think America all at once. projected that Obamacare will result in what they are saying to us is if you are The wisest course would be to try to 2 million fewer jobs in 2017 and 2.5 mil- going to cut grandma’s Medicare, you fix our health care system step by step lion fewer full-time jobs by 2024. At ought to at least spend it on grandma in a way that emphasizes more choices least 450 employers across the Nation, instead of spending it on somebody and lower costs. This approach to including 100 school districts, have said else.’’ health care reform is not something

VerDate Sep 11 2014 23:41 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.039 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8215 that Republicans cooked up last the next couple of weeks. None of this me to change my direction to get our state month. In fact, if you examine the CON- is done by cramming a bill down the where it needed to go. I would like to say the same thing to you. I mean, we want you to GRESSIONAL RECORD, you will find that throats of the American people with 60 succeed. Because if you succeed, our country Republican Senators proposed a step- votes during a snowstorm on Christmas succeeds. But we would like respectfully to by-step approach to confronting our Eve. change the direction you’re going on health Nation’s health care problems and I renew our invitation to the Presi- care costs, and that’s what I want to men- other challenges 173 different times on dent of the United States, and if he tion here the in next few minutes. the floor of the Senate during the year doesn’t accept our invitation, to the ‘‘I was trying to think if there were any 2009. Some 173 times we talked about next President of the United States. kind of event that this could be compared our step-by-step different direction for with. And I was thinking of the Detroit Auto To our colleagues on the other side of Show, that if you had invited us out to health care—almost none of which was the aisle: Let’s forget about party; let’s watch you unveil the latest model that you included in Obamacare because they forget about this side or that side. and your engineers had created, and asked us had the votes and they didn’t need our Let’s side with the American people to help sell it to the American people. When ideas. whose premiums have gone up, who we look at it, it’s the same model we saw I had hoped the President would lis- lost plans they like, whose Medicare last year. We didn’t like it, and neither did ten to us and work with us at Blair has been raided, whose State budgets they, because we don’t think it gets us where we need to go, and we can’t afford it. As they House, emphasize more freedom, more have been destroyed, and whose jobs choices and lower costs. But that also say in Detroit, ‘We think we have a bet- have been lost. Work with Republicans ter idea.’ didn’t happen. We suggested allowing in Congress to fix the damage ‘‘Your stories are a lot like the stories I individuals to buy a health care plan in Obamacare has done to health care in heard when I went home for Christmas after any State that meets their needs. We America. Work with us to replace we had 25 days of consecutive debate and suggested reducing junk lawsuits Obamacare with real reforms at lower voted on Christmas Eve on health care. A against doctors, which only increase costs so more Americans can afford to friend of mine from Tullahoma, Tennessee, costs. We suggested expanding health said, ‘I hope you’ll kill that health care bill.’ buy insurance. Then before the words rattled out of his savings accounts and other mecha- Mr. President, I ask unanimous con- mouth, he said, ‘But, we’ve got to do some- nisms, allowing individuals to control sent to have printed in the RECORD my thing about health care costs. My wife has how they spend their own health care comments at the health care summit breast cancer. She got it 11 years ago and our dollars. We suggested returning power in February of 2010 and the letter that insurance is $2,000 a month. We couldn’t af- to the States to regulate their own I handed to President Obama following ford it if our employer weren’t helping us do markets and lower costs. We suggested our debate at the health care summit that. So we’ve got to do something.’ That’s allowing small businesses to assist em- where we are, but to do that, we have to in 2010. start by taking the current bill and putting ployees in purchasing the insurance There being no objection, the mate- it on the shelf and starting from a clean and look at other ways to support em- rial was ordered to be printed in the sheet of paper. ployers offering health care benefits to RECORD, as follows: ‘‘Now, you have presented ideas. There’s an their employees. We had specific legis- [Thursday, February 25, 2010] 11-page memo—I think it’s important for the lative proposals to do these things. We people to understand that there’s not a presi- ALEXANDER GIVES REPUBLICAN HEALTH CARE dential bill; there are good suggestions and suggested lowering barriers at the REMARKS AT WHITE HOUSE SUMMIT Food and Drug Administration so that ideas on the web. It’s a lot like the Senate OUTLINES REPUBLICAN STEPS TO FIX HEALTH bill. It has more taxes, more subsidies, more innovative drugs and devices could get CARE, CHALLENGES DEMOCRATS TO TAKE REC- spending. So what that means is, when it’s to the market faster and putting the ONCILIATION OFF THE TABLE written, it will be 2,700 pages, more or less. health sector in charge of health infor- WASHINGTON.—U.S. Senator Lamar Alex- It will probably have a lot of surprises in it. mation technology. We suggested in- ander (R–Tenn.), chairman of the Senate Re- It means it will cut Medicare by about half suring Americans with pre-existing publican Conference, today delivered the fol- a trillion dollars and spend most of that on conditions in a way through high-risk lowing opening remarks on behalf of Repub- new programs, not on Medicare and making pools and other insurance incentives. lican members of Congress attending the it stronger, even though it’s going broke in White House health care summit: 2015. It means there will be about a half tril- And there are many other ideas that lion dollars of new taxes in it. It means that we thought then and we think now we ‘‘Mr. President, thank you very much for the invitation. Several of us were a part of for millions of Americans, premiums will go could work together on in a bipartisan the summits that you had a year ago, and so up, because when people pay those new way to lower costs, to increase access, I’ve been asked to try to express what Re- taxes, premiums will go up, and they will and to put patients back in charge of publicans believe about where we’ve gotten also go up because of the government man- their own health care. since then. As a former governor, I also want dates. It means that from a governor’s point This week, though, we are talking to try to represent governors’ views, because of view, it’s going to be what our Democratic about repealing Obamacare, but for the they have a big stake in this; I know you governor calls the ‘mother of all unfunded met with some governors just in the last few mandates.’ last 6 years we have also been talking ‘‘Nothing used to make me madder as a days. We also believe that our views rep- about a completely different path of governor than when Washington politicians resent the views of a great number of the providing health care at a lower cost to would get together, pass a bill, take credit American people who have tried to say in for it, and send me the bill to pay. That’s ex- more Americans. Those steps were out- every way they know how—through town actly what this does, with the expansion of lined in 2009, 2010, and 2011, and they meetings, through surveys, through elec- Medicaid. In addition, it dumps 15 to 18 mil- are the same steps that we should be tions in Virginia and New Jersey and Massa- taking today. lion low-income Americans into a Medicaid chusetts, that they oppose the health care program that none of us want to be a part of, I have been saying since 2009 that the bill that passed the Senate on Christmas because 50 percent of doctors won’t see new historic mistake with Obamacare was Eve. patients. So it’s like giving someone a ticket that we had deliberately expanded a ‘‘And more importantly, we believe we to a bus line where the buses only run half broken health care system that already have a better idea. And that’s to take many the time. cost too much instead of moving step of the examples that you just mentioned ‘‘When fully implemented, the bill would about health care costs and make that our spend about $2.5 trillion a year, and it still by step to create a system where mil- goal: reducing health care costs. We need to lions of Americans had choices of plans has sweetheart deals in it—one is out, some start over and go step by step toward that are still in. What’s fair about taxpayers in that fit their needs and fit their budg- goal. And we would like to briefly mention— Louisiana paying less than taxpayers in Ten- ets. others will talk more about it as we go nessee? What’s fair about protecting seniors The way we should accomplish this is along—what those ideas are. in Florida and not protecting seniors in Cali- the same way we passed Medicare, the ‘‘I would like to begin with a story. When fornia and Illinois and Wyoming? same way we passed Social Security, I was elected governor, some of the media ‘‘Our view, with all respect, is that this is the same way the Congress passed the went up to the Democratic leaders in the leg- a car that can’t be recalled and fixed, and Civil Rights Act, and in the same islature and said, ‘What are you going to do that we ought to start over. But we’d like to with this new young Republican governor?’ start over. When I go down to the Senate way—I hope and the Senator from And they said, ‘We’re going help him, be- floor, I’ve been there a lot on this issue, Washington hopes—we will pass a cause if he succeeds, our state succeeds.’ And some of my Democratic friends will say, broad reauthorization of the Elemen- they did that—that’s the way we worked for ‘Well, Lamar, where’s the Republican com- tary and Secondary Education Act in eight years. But often, they had to persuade prehensive bill?’ And I say back, ‘Well, if it

VerDate Sep 11 2014 00:41 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.044 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8216 CONGRESSIONAL RECORD — SENATE December 1, 2015 you’re waiting for Mitch McConnell to roll in nounce this idea of going back to the Con- are, and to move forward. Thank you very a wheelbarrow with a 2,700-page Republican gress and jamming your bill through on a much.’’ comprehensive bill, it’s not going to happen partisan vote through a little-used process because we have come to the conclusion Con- we call reconciliation. U.S. SENATE, gress doesn’t do comprehensive well.’ We ‘‘You can say that this process has been Washington, DC, February 25, 2010. have watched the comprehensive economy- used before, and that would be right, but it’s Hon. BARACK OBAMA, wide, cap and trade; we have watched the never been used for anything like this. It’s President, The White House, comprehensive immigration bill, we have the not appropriate to use to rewrite the rules Washington, DC. best Senators we have got working on that for 17 percent of the economy. Senator Byrd, DEAR MR. PRESIDENT, During today’s dis- in a bipartisan way; we have watched the who is the constitutional historian of the cussion on health care, you and I disagreed comprehensive health care bill. And they fall Senate, has said that it would be an outrage about whether the health care bill that of their own weight. to run the health care bill through the Sen- passed the Senate on a party-line vote on De- ‘‘Our country is too big, too complicated, ate like a freight train with this process. The cember 24 would cause health insurance pre- too decentralized for Washington to write a Senate is the only place where the rights to miums to rise even faster than if Congress few rules about remaking 17 percent of the the minority are protected, and sometimes, did not act. I believe premiums will rise be- economy all at once. That sort of thinking as Senator Byrd has said, the minority can cause of independent analysis of the bill: works in a classroom, but it doesn’t work be right. On November 30, the non-partisan Congres- very well in our big, complicated country. It ‘‘I remember reading Alexis de sional Budget Office (CBO) wrote in a letter doesn’t work for most of us and if you look Tocqueville’s book Democracy in America, to Senator Bayh that ‘‘CBO and JCT esti- around the table—and I’m sure it’s true on in which he said that the greatest threat to mate that the average premium per person the Democratic side—we have got shoe store the American democracy would be the ‘tyr- covered (including dependents) for new owners and small business people and former anny of the majority.’ nongroup policies would be about 10 percent county judges and we’ve got three doctors. ‘‘When Republicans were trying to change to 13 percent higher in 2016 than the average We’ve got people who are used to solving the rules a few years ago, you and I were premium for nongroup coverage in that same problems, step by step. both there. Senator McCain was very in- year under current law.’’ ‘‘That’s why we said ‘step by step’ 173 volved in that—getting a majority vote for When you asserted that CBO says pre- times on the Senate floor in the last six judges. Then-Senator Obama said the fol- miums will decline by 14 to 20 percent under months of last year in support of our step- lowing, ‘What we worry about is essentially the Senate bill, you are leaving out an im- portant part of CBO’s calculations. These re- by-step plan for reducing health care costs. I having two chambers, the House and the ductions are overwhelmed by a 27 to 30 per- would like to just mention those in a sen- Senate, who are simply majoritarian, abso- cent increase in premiums due to the man- tence or two: lute power on either side. That’s just not First, you mentioned Mike Enzi’s work on what the founders intended.’ Which is an- dated coverage requirements in the legisla- the small business health care plan. That’s a other way to saying that the founders in- tion. CBO added those figures together to ar- good start. It came up in the Senate. He will tended the Senate to be a place where the rive at a net increase of 10 to 13 percent—as shown in their chart in that same letter. explain why it covers more people, costs less, majority didn’t rule on big issues. In that same letter, CBO wrote, ‘‘The legis- and helps small businesses offer insurance. ‘‘Senator Reid in his book, writing about lation would impose several new fees on Two, helping Americans buy insurance the ‘Gang of 14,’ said that the end of the fili- firms in the health sector. New fees would be across state lines. You’ve mentioned that buster requiring 60 votes to pass a bill ‘would imposed on providers of health insurance and yourself. Most of the governors I’ve talked to be the end of the United States Senate.’ And on manufacturers and importers of medical think that would be a good way to increase I think that’s why Lyndon Johnson, in the devices. Both of those fees would be largely competition. ’60s, wrote the civil rights bill in Everett passed through to consumers in the form of Number three, put an end to junk lawsuits Dirksen’s office, the Republican Leader, be- cause he understood that by having a bipar- higher premiums for private coverage.’’ against doctors. In our state, half the coun- On December 10, the chief actuary for the tisan bill, not only would pass it, but it ties’ pregnant women have to drive to the Centers for Medicare and Medicaid Serv- would help the country accept it. Senator big city to have prenatal health care or to ices—who works for your administration— Pat Moynihan has said before he died that he have their baby, because the medical mal- concurred with the CEO. In his analysis, the couldn’t remember a big piece of social legis- practice suits have driven up the insurance actuary said, ‘‘We anticipate such fees would lation that passed that wasn’t bipartisan. policies so high that doctors leave the rural generally be passed through to health con- ‘‘And after World War II, in this very house counties. sumers in the form of higher drug and device and in the room back over here, Democratic Number four, give states incentives to prices and higher insurance premiums.’’ He President Truman’s Secretary of State, Gen- lower costs. also said, ‘‘The additional demand for health Number five, expanding health savings ac- eral Marshall, would meet once a week with services could be difficult to meet initially counts. Senator Vandenberg, the Republican Chair- with existing health provider resources and Number six, House Republicans have some man of the Senate Foreign Relations Com- could lead to price increases, cost-shifting, ideas about how my friend in Tullahoma can mittee, and write the Marshall Plan. And and/or changes in providers’ willingness to continue to afford insurance for his wife who General Marshall said that sometimes Van treat patients with low-reimbursement has had breast cancer; because she has a pre- was my right hand, and sometimes he was health coverage.’’ existing condition, it makes it more difficult his right hand. For these reasons, the Senate-passed bill to buy insurance. ‘‘And we know how [Congressmen] John will, indeed, cause Americans’ insurance pre- ‘‘So there’re six ideas—they’re just six Boehner and George Miller did that on No miums to rise, which is the opposite of the steps. Maybe the first six, but combined with Child Left Behind. [Senators] Mike Enzi and goal I believe we should pursue. Ted Kennedy wrote 35 bills together; you six others and six more and six others, they Sincerely, get us in the right direction. mentioned that in your opening remarks. LAMAR ALEXANDER. ‘‘Now, some say we need to rein in the in- You and I and many other others worked to- surance companies; maybe we do. But I gether on the America COMPETES Act. We Mr. ALEXANDER. Mr. President, I think it’s important to note if we took all of know how to do that—and we can do that on yield the floor. the profits of the health insurance compa- health care as well. The PRESIDING OFFICER. The Sen- nies entirely away, every single penny of it, ‘‘But to do that, we’ll have to renounce ator from Washington. we could pay for two days of health insur- jamming it through in a partisan way. And if f ance for Americans. And that would leave 363 we don’t, then the rest of what we do today days with costs that are too high. So that’s will not be relevant. The only thing bipar- WOMEN’S ACCESS TO HEALTH why we continue to insist that as much as tisan will be the opposition to the bill, and CARE we want to expand access and to do other we’ll be saying to the American people—who Mrs. MURRAY. Mr. President, like I’ve tried to say this in every way they know things in health care, that we shouldn’t ex- many of my colleagues I am deeply dis- pand a system that’s this expensive, that the how—town halls and elections and surveys— best way to increase access is to reduce that they don’t want this bill, that they appointed that Republican leaders have costs. would like for us to start over. So if we can dedicated this week to partisan, polit- ‘‘Now, in conclusion, I have a suggestion do that—start over—we can write a health ical attacks rather than working with and a request for how to make this a bipar- care bill. It means putting aside jamming it us to deliver results to the families we tisan and truly productive session. And I through. It means working together the way represent. So I wish to take a few min- hope that those who are here will agree, I’ve General Marshall and Senator Vandenberg utes today to talk about the work we got a pretty good record of working across did. It means reducing health care costs and could and should be doing and make party lines, and of supporting the president making that our goal for now, not focusing when I believe he’s right, even though other on the other goals. And it means going step clear again that Republican efforts to members of my party might not on that oc- by step together to re-earn the trust of the undermine families’ health care are casion. And my request is this: before we go American people. We would like to do that, nothing but a dead end. further today, that the Democratic Congres- and we appreciate the opportunity that you I am pleased that over the last few sional leaders and you, Mr. President, re- have given us today to say what our ideas months Democrats and Republicans

VerDate Sep 11 2014 00:41 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A01DE6.011 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8217 have been able to work together on do more to insure communities are pro- rights every step of the way. I hope my some very important issues. We passed tected from that kind of violence and Republican colleagues will finally drop another bipartisan budget deal. We that we continue to stand with Planned the politics and join us. have worked on a bill together to fix Parenthood as it helps so many peo- I yield the floor. the No Child Left Behind law that is ple—women and men—get the care The PRESIDING OFFICER. The Sen- broken, and Republicans and Demo- they need. ator from West Virginia. crats are now working to pass a trans- So it is very frustrating that my Re- f publican colleagues are doubling down portation bill that would do a lot to OBAMACARE help fix our crumbling infrastructure. this week on their efforts to defund But there is certainly a lot more that Planned Parenthood and get in be- Mrs. CAPITO. Mr. President, I wish we should be doing to boost wages, to tween women and their health care. If to address ObamaCare repeal. As I was expand opportunity, and to make sure Republicans were to succeed in the bill thinking about what I was going to say our economy is growing from the mid- they have before us in defunding today, I went back and looked at a dle out, not from the top down. I would Planned Parenthood—our Nation’s speech I made on the House of Rep- hope that we would be working on a largest women’s health care provider— resentatives floor on March 21, 2010. way to raise the minimum wage or en- with the legislation we are debating The previous speaker talked about the sure that working parents can earn today, they would undermine a critical partisanship that she perceives now. I paid sick days or make higher edu- source of health care that one in five thought it interesting. I am going to cation more affordable and accessible women have relied on for cancer read just a couple quotes from my for our students. screenings, for HIV tests, and for so speech then: ‘‘[We are thinking about] With the holidays just around the much more. They would make it harder this bill as a blanket, a blanket of corner, we should be focused on what for women to exercise their constitu- health care legislation that may be struggling families need to make ends tionally protected right to make their draped across America and its popu- meet. Those are the kinds of issues I own choices about their own bodies and lation in the coming years,’’ which it would like to be working on and many their own doctors. has for the last 4 years. I talk about more, but instead Republican leaders By dismantling critical health care how ‘‘its cloth has been cut behind are insisting on tilting at tea party reforms, this proposal would cause mil- closed doors and its color is tinged by windmills by trying to dismantle the lions of women to lose their health partisan hands.’’ That is the Affordable Care Act for the umpteenth care coverage and access to everything ObamaCare legislation and the time. from birth control to prenatal care. ObamaCare plan we have today. ‘‘The This bill is not going to be signed That is simply not going to happen— huge holes will not protect the cold into law. As we all know, this is just a not on my watch, not on Democrats’ winds of job loss, new taxes, govern- political gesture here. But I want to be watch, and not on President Obama’s ment bureaucracy, and increased very clear about what it would mean watch. Republicans may want to go health care costs. . . . All of America for millions of men, women, and chil- back to the days when being a woman will feel the weight of this uncomfort- dren across the country if this were to was a preexisting condition. They may able burden.’’ Those were my words on be signed into law. The policies that see this entire bizarre effort as nothing March 21, 2010, in the House of Rep- are being put forward could cause mil- more than a great opportunity to pan- resentatives. lions of people to lose their health care der to their extreme tea party base by Today and later this week, the Sen- coverage, make premiums skyrocket, attacking health care and Planned Par- ate will consider a bill to repeal that increase costs for our hospitals and for enthood. But for millions of women and bill, ObamaCare, a costly disaster that our providers, cut off support for im- families, the policies we are debating 4 years—5 years later we see has cost portant public health programs by re- today are no political exercise; instead, countless people access to their doc- pealing the prevention fund, and take if enacted, they would represent a tors, access to the health care plan of us back to the bad old days when insur- deeply harmful step backward—a step their choice, and thousands of West ance companies, not patients, had all away from building a health care sys- Virginians from my State have lost or of the power. tem that is affordable, accessible, and had to change their coverage. We ought Democrats believe strongly that high quality, one that contributes to to ask the individuals and families while the Affordable Care Act was an economic security and opportunity. whose premiums and deductibles have historic step forward, the work did not Women and families have seen these skyrocketed and the small businesses end when the law passed—far from it. extreme Republican attempts many that have been forced to cut hours and We are willing to work with anyone times before, and, frankly, I think they employees. on either side of the aisle who has good have had enough. They don’t want Con- Let’s consider the exchanges that are ideas about how to build on the gress fighting over whether to roll folding and the hospitals that are fac- progress that has been made so far and back a law that has helped millions of ing unmanageable costs. Even the Na- continue making health care more af- people get health care coverage and tion’s largest health insurance provider fordable, expanding coverage, and im- bolstered our Nation’s health care sys- has threatened to pull out of proving quality of care for our fami- tem, a law that has been upheld time ObamaCare, citing high costs and lies. and time again by the Supreme Court, growing risks. Just today, the CEO of So it is very disappointing that Re- and they believe firmly that politicians that company said that joining publicans instead continue to insist in Congress should have better things ObamaCare was ‘‘a bad decision.’’ that when it comes to health care, poli- to do than interfere with women’s con- There has to be a better way, and we tics—not families—comes first. This is stitutionally protected health care need to find it. especially because—again to be very choices. I am sure they would rather In the bill we are considering this clear—this legislation has no chance of see us working to actually improve week, the Senate will do two major becoming law. The very same is true health care and the many other chal- things: It will repeal significant por- when it comes to this latest attempt to lenges our country faces. tions of the health care law that are cut off women’s access to health care. Democrats agree with that. We want not working. It will also provide a After years of trying to turn back the to move health care forward, not back- bridge to replace this law with an im- clock on women’s constitutionally pro- ward, for women and families, and we proved health care system. This tected rights and to undermine want to do the other important work ObamaCare repeal bill will eliminate Planned Parenthood, Republicans across the aisle to strengthen our econ- enforcement of the individual and em- should have gotten their fill of polit- omy and grow our middle class. So ployer mandates. It will repeal $1 tril- ical attacks on women’s health. Clear- today, as my Republican colleagues lion—$1 trillion—in onerous taxes. It ly, they have not. double down on their partisan political will save and strengthen Medicare. It In the wake of the tragedy in Colo- pandering, we on this side are going to will also dedicate resources to fight the rado Springs last week, I have thought continue to stand up for family health growing drug epidemic that is sweeping a lot about how important it is that we care and stand up for women and their across this country. Certainly in our

VerDate Sep 11 2014 00:41 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.045 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8218 CONGRESSIONAL RECORD — SENATE December 1, 2015 State of West Virginia we have had ministration’s own metrics, and its Security Administration announced many difficulties, as many of our fel- harmful impact continues to make life that for the third time in the past 40 low Americans have. more difficult for millions across the years, there will not be a cost-of-living ObamaCare has upended our health country.’’ adjustment for 2016. That is under a care system and has broken many of By repealing ObamaCare, we can re- formula, and it is legal. Since 1975, the the President’s own promises. Headline visit the problems caused by the health cost-of-living adjustment has ensured after headline in recent weeks has care law and the problems that existed that the purchasing power of the Social called attention to the increasing pre- before, replace them with reforms that Security benefits stays the same, re- miums Americans will face next year. work, and protect those whose cov- gardless of rising prices or inflation. Across the Nation, rates for one out of erage has been disrupted. When we get to a point that the for- every three ObamaCare plans will dou- In order to ensure individuals do not mula says no cost-of-living adjustment ble in the year 2016. lose access to current coverage, this for a senior citizen, that becomes a For plans that are not seeing huge ObamaCare repeal bill will provide a 2- fairly big deal because 65 percent of all premium increases, rising deductibles year transition period. This period will senior citizens depend on Social Secu- are placing an excessive burden on pa- give us time to enact alternative re- rity to provide the majority of their tients—but not just on patients; let’s forms that will provide access to qual- cash income. It is real money that they think about our health care providers, ity, affordable care without disrupting depend on to help make the basic ex- our hospitals, for example. When a pa- coverage. Health care reform should penses. tient has a high deductible and comes give States and individuals choice—re- In my State, we have a higher per- in for an expensive surgery, that pa- member, in my State we don’t have a centage of the population who are sen- tient has to pay a $4,000 or $5,000 de- choice; we have one provider, no ior citizens—4 million Floridians that ductible. That is unaffordable for a lot choice—while reducing health care are categorized as senior citizens be- of people, and that hospital is stuck costs over the long term. Premiums are cause of their age. When there is not an with that bill. going up 24 percent, and deductibles adjustment on the cost-of-living ad- The situation in my State is even are skyrocketing. That is not con- justment, these folks are starting to worse. West Virginia is the only State taining costs over the long term. feel the squeeze and are forced to sac- in the country with only one insurer Americans deserve a health care sys- rifice on something. participating on the exchange. Remem- tem that works for them, and we know What a group of Senators are going ber, the President promised us choice ObamaCare is not it. There is a better to talk about and what I am sharing is and the ability to make decisions for way. that we are going to offer an oppor- ourselves. We have one choice in West I yield the floor. tunity to act before this no cost-of-liv- Virginia. Highmark Blue Cross Blue I suggest the absence of a quorum. ing increase would take effect in Janu- Shield has been the only company in The PRESIDING OFFICER. The ary because 20 of us have sponsored leg- the West Virginia exchange through clerk will call the roll. islation introduced by Senator WARREN the first 2 years of ObamaCare, and we The legislative clerk proceeded to to fix the fact that there is a lack of a recently learned that it almost pulled call the roll. cost-of-living adjustment. I am glad to out of the exchange for 2016. That Mr. NELSON. Mr. President, I ask see that Senator WARREN is here. I would have been disastrous for our con- unanimous consent that the order for could not join the distinguished Sen- stituents. And why are they pulling the quorum call be rescinded. ator later on, so I took the liberty of out? Because they are losing millions The PRESIDING OFFICER. Without going ahead and telling from my point of dollars on a health care plan that objection, it is so ordered. of view how this legislation is going to was promised to be a blanket, to blan- Mr. NELSON. Mr. President, am I give to about 70 million Americans a ket all of us, as I said in the speech I correct that we are in morning busi- one-time payment of approximately gave in 2010. It has turned out to be a ness? $580 to help them have money for the blanket with huge holes. The PRESIDING OFFICER. The Sen- basic needs, such as food or rent. With only one provider, choices and ator is correct. Nearly 4.5 million people in Florida— accesses are already limited, but for f a little less than a quarter of the many Americans, the exchanges set up State’s population—would be eligible SENIORS AND VETERANS under ObamaCare have become their for that lump sum payment. Nine mil- EMERGENCY BENEFITS ACT only option. Because of increasing lion veterans who receive Social Secu- costs, many are now unable to afford Mr. NELSON. Mr. President, I want rity benefits would receive a benefit the health insurance without subsidies. to take a moment to talk about a piece under the bill. In my State, 323,000 vet- While Highmark Blue Cross Blue of legislation that a number of us have erans and their family members would Shield—the exchange insurance in filed. There will be several Senators get that benefit. West Virginia—did remain in West Vir- speaking here later this afternoon Forty percent of the seniors in the ginia, premiums are set to increase about the Seniors And Veterans Emer- United States have incomes below the this year or next year by 24 percent. gency Benefits Act. It is a very impor- poverty line if they do not have Social These increases are well beyond the fi- tant piece of legislation to help mil- Security assistance. That is a shocking nancial reach of most West Virginians. lions of Americans who depend on So- statement. Let me say that again. Our unemployment in West Virginia cial Security benefits to make ends Forty percent of our senior citizens in has skyrocketed because of the Presi- meet. I want to emphasize that point. this country would have incomes below dent’s energy policies, and now we are Much of the American population does the poverty line if they did not have looking at hard-working West Vir- not realize that there are senior citi- Social Security assistance. Therefore, ginians and telling them their health zens whose sole existence depends on this legislation that we are filing care that was supposed to be affordable the check they get from Social Secu- would lift over 1 million people out of and accessible is going up 24 percent. rity. Unfortunately, we have seniors poverty. That is unconscionable. who are facing the situation that the To some, a benefit of $580 may seem As one of my constituents pointed price of food or some of their medicine insignificant, but in reality, it is going out, ‘‘This represents a significant unexpectedly goes up. How could this to make a difference to millions. It challenge to our family budget as my be, in America in the year 2015? But it may not seem like a big deal to a lot of husband’s pay has not increased at the happens among some of our senior citi- people that there is no COLA, but if rate that our health care costs con- zens. In the last Congress I had the that senior citizen does not have the tinue to rise.’’ privilege of chairing the Special Com- money to pay for the rent, a utility What about ObamaCare’s promise to mittee on Aging. We held a number of bill, a trip to the doctor or the gro- lower the cost of health care? The re- hearings on this issue. It will break ceries they need for their nutrition, ality is really quite different. your heart, but that is going on today. that $580 is the difference. As another West Virginian put it, To add a little more drama and Many Americans are living paycheck ‘‘The law remains a failure by the ad- heartache to this, in October the Social to paycheck and are forced to make

VerDate Sep 11 2014 00:41 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.047 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8219 these tough decisions. We ought to be EXTENSION OF MORNING ple who have gotten insurance cov- making it easier for them. That is our BUSINESS erage since the law took effect. What job. There are no excuses. I intend to Mr. BARRASSO. Mr. President, I ask they won’t tell you is that having in- work with our colleagues to see if this unanimous consent that morning busi- surance coverage is not the same thing is a possibility. ness be extended until 5:15 p.m. today, as getting medical care. The New York Times ran an article While Senator WARREN is here, I wish with Senators permitted to speak about 2 weeks ago with this headline: to engage the Senator from Massachu- therein for up to 10 minutes each. ‘‘Many Say High Deductibles Make setts and yield to her for an answer. As The PRESIDING OFFICER. Without Their Health Law Insurance All But we sat on the Special Committee on objection, it is so ordered. Aging, we heard the testimony of how Useless.’’ They don’t even call it health dire, on the line, and on the razor’s f insurance. They call it health law in- surance because it is insurance to com- edge the income is for senior citizens OBAMACARE ply with the law and not to actually with these Social Security benefits. Mr. BARRASSO. Mr. President, soon When that does not keep up with the give you the health care. It is aston- we will be debating the future of ishing. Even the New York Times calls cost of living—surely there is a cost-of- ObamaCare. The American people have living increase in one year over the it health law insurance. told us they want Congress to repeal The article tells the story about other, but if their Social Security this so-called health care law. They David Reines from Jefferson Township, checks don’t reflect that, does that not told us to start over with real health NJ. He is 60 years old and has a history invite a tremendous hardship on that care reform. This actually shouldn’t be of chronic knee pain. This man says: elderly person? a very controversial vote. It is clear, ‘‘The deductible, $3,000 a year, makes it The PRESIDING OFFICER. The Sen- even to the law’s supporters, that the impossible to actually go to a doctor.’’ ator from Massachusetts. Obama health care law has not worked He says: ‘‘We have insurance, but can’t Ms. WARREN. Mr. President, the an- out in any way they had specifically afford to use it.’’ swer is yes, it does. Senator NELSON expected. The ObamaCare health care President Obama, this is not a suc- has put his finger on a very serious law is collapsing, whether the Presi- cess. Democrats who support the problem; that is, every year because of dent wants to admit it or not. health care law say that it created policies made here in the Senate, we do Democrats should really be eager to these marketplaces where people can a calculation of cost-of-living changes join us to help fix the damage that has shop for insurance. What they won’t for Social Security. The problem is been done by this law. So far they have tell you is that companies have been that calculation for cost-of-living been much more focused on protecting pulling out of the marketplaces and ex- changes is based on only about one- President Obama’s legacy than on pro- changes all across the country. More quarter of the population. It is not tecting the American people and the than half of the State co-ops have gone based on the whole population, and it health of the American people from out of business and have failed. The is certainly not based just on those ObamaCare. largest health insurance company in who receive Social Security. Last month President Obama did a America says that it may drop out of We know from independent analysis radio show in which he was asked the program entirely next year. that costs have gone up for seniors, but about the law and about problems with In Wyoming, there is just one com- because of the policies made here in the law because people all across the pany participating in the ObamaCare Congress, there will be no cost-of-liv- country are seeing significant problems exchange. That is the choice on the ing increase for seniors this year. That with the law. The President would not Wyoming exchange—one. Does Presi- means they face high costs. Yet, at the admit to a single problem with this dent Obama consider that a success? same time, they are going to have a law. He insisted: ‘‘It has been a suc- Democrats say a lot of people like their flat income. cess.’’ insurance plans. Well, they won’t tell you about the Gallup poll last month The proposal here to give them a one- Well, I go home to Wyoming every that found that the American people time payment of about $581 is enough weekend. I am a doctor. I practiced are far from happy. Just 33 percent of to pay 3 months’ worth of food bills for medicine in Wyoming for 25 years, and Americans said that the health care the average senior. It is enough to help the people whom I talk to—my pa- tients, my neighbors, people all around coverage in this country is either ex- cover the costs of prescription drugs cellent or good—one out of three. Only the State, and the people whom I run that are not covered by Medicare. one out of five is satisfied with the into in my travels—do not consider These are significant differences for total cost of their health care. seniors who most need it, and I appre- ObamaCare a success. Now, both of these numbers are worse ciate Senator NELSON coming here Democrats come to the floor and say: than they were when President Obama early to talk about and raise this im- It is OK that insurance rates are rising. took office. When asked: How are you portant issue. He is exactly spot on Remember when the President said going now compared to where you were about the difficulty with this issue. they would go down by $2,500 per fam- when Barack Obama moved into the I yield back. ily? The Democrats say it is OK that White House, people will tell you that The PRESIDING OFFICER. The time the insurance rates are rising because when it comes to health care, it is of the Senator from Florida has ex- they say the rates also went up before worse. pired. the law. What they won’t tell you is Another survey last month by the that premiums aren’t just going up a Mr. NELSON. Mr. President, I ask Kaiser Family Foundation found that little; they are going up a lot next unanimous consent for an additional 30 just 38 percent of Americans have a fa- year. Actually, they are going through seconds. vorable opinion of the health care law. the roof. Is that the way President Obama meas- The PRESIDING OFFICER. Without There was a study by the McKinsey objection, it is so ordered. ures success? Is that what he calls a Center for U.S. Health System Reform. success? Mr. NELSON. Therefore, I conclude They found that the median increase Why won’t the Democrats come to by resting the case. If the cost of every for the bronze plans went up 13 percent the floor and talk about these surveys? person’s daily living is in fact going up from this year to next year. That is Democrats come down to the floor and and yet our formula shows that they just the average. That means for half say that ObamaCare has put millions get no cost-of-living adjustment, is of the people, they are going to pay of people on Medicaid. I am not sure that not putting a burden upon the more than that. The silver plan is up 11 how many of them have a full under- ones who we should be respecting and percent, the platinum plan is up 12 per- standing of Medicaid. As a doctor who protecting that should not be there? cent, and the gold plan is up 15 percent. practiced medicine for 24 years, I can We can do that with this legislation. These double-digit price increases are tell you a lot about Medicaid. They I yield the floor. not a success. won’t say anything about this failed The PRESIDING OFFICER. The Sen- Democrats have come to the floor program. They won’t admit to the fact ator from Wyoming. and have talked about some of the peo- that Medicaid is a failed program.

VerDate Sep 11 2014 00:41 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.048 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8220 CONGRESSIONAL RECORD — SENATE December 1, 2015 A new study last month found that The PRESIDING OFFICER. The Sen- on how much to pay their executives, cancer patients with Medicaid in Cali- ator from Massachusetts. but because of laws Congress has fornia—we have 2 Senators from Cali- f passed, American taxpayers are forced fornia who voted for this law—are less to subsidize these multimillion-dollar SENIORS AND VETERANS likely to get recommended treatment pay packages. and they have a lower survival rate EMERGENCY BENEFITS ACT These two decisions—how to cal- than people with other types of insur- Ms. WARREN. Mr. President, the culate Social Security raises and ance. The Democrats celebrate the fact clock is ticking. Exactly 1 month from whether to give tax breaks for multi- that they have all of these new people today, on January 1, approximately 70 million-dollar CEO bonuses—are made on Medicaid. This is not a success. million seniors, veterans, Americans right here in Congress, and right now Democrats don’t want to talk about with disabilities, and others who de- Senators bow and scrape for highly any of this. pend on Social Security and other ben- paid CEOs while they turn their backs Nobody on this side of the aisle is de- efits will get their first check of the on retirees and vets. We are here be- nying that there are people who have new year. For those 70 million Ameri- cause it is time for Congress to make been helped by the health care law. cans—that is 1 in 5 Americans—Janu- different choices. Why won’t any Democrat come to the ary 1 is supposed to be a day of relief. Representative TAMMY DUCKWORTH floor of the Senate and admit that for This is the day when the Federal Gov- and I have introduced the Seniors And every person who has benefited, some- ernment boosts their checks just a lit- Veterans Emergency Benefits Act, or one else may have been harmed and tle bit to help with the rising costs of the SAVE Benefits Act, to give retir- may have suffered? Why won’t Demo- housing, food, and medical care. But ees, veterans, and Americans with dis- crats admit and the President admit unless Congress does something right abilities a one-time payment of about that the law has not lived up to their now, for just the third time since 1975, $581. That is the equivalent of a 3.9-per- promises? seniors and veterans won’t be receiving cent increase over the average Social Why did we need a 2,000-page law that any cost-of-living increase on January Security benefit—the same percentage upended the entire health care system 1—not one penny more. raise CEOs received just last year. in this country basically to expand the Look at who gets left out in the cold. Where would the money come from? broken Medicaid program? None of this Two-thirds of seniors depend on Social Well, we can pay for it by closing the had to happen. None of this is what Security for the majority of their in- tax loophole for CEO bonuses that ex- people were asking for when Democrats come. For 15 million Americans, Social ceed $1 million. In fact, according to wrote their law behind closed doors Security is all that stands between the Chief Actuary of the Social Secu- back there. It is certainly not what them and poverty, but not one of these rity Administration, closing just this people are asking for today. This Americans will see an extra penny next one loophole will create enough rev- health care law has been expensive, dis- year, and millions of other Americans enue to give a $581 raise to seniors and ruptive, and devastating. It is headed whose benefits are pegged to Social Se- vets and still have billions of dollars for collapse, and if Democrats won’t curity—millions who receive veterans’ left over to help boost the Social Secu- admit it, then they are just kidding benefits, disability benefits, and other rity trust fund for the future. themselves. monthly payments—won’t see an extra The SAVE Benefits Act would give Republicans are ready to move on penny either. seniors, vets, and the disabled an extra with a better approach. We will work Times are tough, but not for every- to lower costs and make insurance af- $581 a year. That $581 a year may not one. Last year, the CEOs at the biggest fordable for all Americans. We will mean much to a CEO, but that money 350 American companies received, on make sure that people who need insur- will cover almost 3 months of groceries average, a 3.9-percent pay increase. ance can actually get usable insurance. for seniors or a year’s worth of out-of- How much money is that? Since the av- That means making coverage equal pocket costs on prescription drugs for erage CEO at one of those top 350 com- care. That is what it should do. Cov- someone on Medicare. For seniors and panies made a cool $16.3 million, a 3.9- erage ought to equal care. We will give vets, that $581 means a lot. percent raise landed them an addi- people freedom, flexibility, and choice Already, 21 Democratic Senators tional half million bucks each. Every- to allow patients to make the decisions have signed on as cosponsors. Dozens of thing is just great for America’s top that are best for them and their fam- organizations—Social Security Works, ily—not Washington and President CEOs, who got huge raises, while 70 the AFL–CIO, MoveOn.org, the Na- Obama telling them what is best for million seniors, veterans, and others tional Organization For Women, them and their family. Those people who worked hard will be left with noth- VoteVets, the National Council of La will be making those decisions for ing. Why? It is not an accident. It is Raza, and I could go on and on with themselves. We will protect consumers not inevitable. It is the result of delib- this list—have already endorsed the by making insurance predictable and erate policies made right here in Con- bill. Across the country, more than stable so people don’t have to switch gress. 400,000 people have signed petitions their coverage and their doctor every Social Security is supposed to be in- urging Congress to pass the SAVE Ben- year. dexed to inflation so that when prices efits Act. Finally, we are going to fix Wash- go up, benefits go up. But Congress’s This is about money, but it is also ington by making Medicare and Med- formula looks at the spending patterns about values. For too long, we have lis- icaid stronger for people who will abso- of only about a quarter of the country, tened to a handful of the rich and pow- lutely rely on these programs. and the formula isn’t geared to what erful insist that we cut taxes for those President Obama and Democrats in older Americans actually spend their at the top and leave everyone else be- Congress do have a choice. They can money on. In fact, official estimates hind. And now, across this country, join with Republicans in accepting the show that the cost of core goods and people are saying: Enough. Taxpayers inevitable. They can act now to reform services has increased, but seniors should not be forced to subsidize mil- our health care system in a way that won’t be getting a raise. Costs go for- lionaire CEOs while seniors and vets works or they can stand by and watch ward while Social Security falls behind have to fight for whatever scraps are as the wheels continue to come off of all because of the way that Congress left behind. ObamaCare. The program is collapsing, says to calculate COLAs. The clock is ticking. It is time for and it is unavoidable. Congress should Skyrocketing CEO pay is also, in Congress to step up. The money is not allow this health care law to harm part, the result of policies set right there—either way. It can go for a pay- the American people for one day here in Congress. Taxpayers subsidize ment to 70 million Americans who need longer. Democrats should work with us CEOs’ huge pay packages through bil- it and who have earned it or it can go to create a replacement that actually lions of dollars in tax giveaways, in- to CEOs and the wealthiest corpora- delivers care, not just unusable cov- cluding a crazy loophole that allows tions. erage. corporations to write off gigantic bo- Let’s vote on the SAVE Benefits Act. I thank the Presiding Officer, and I nuses as business expenses. Sure, com- Let’s show everyone where we stand— yield the floor. panies should make their own decisions whether we stand up for tax breaks for

VerDate Sep 11 2014 03:42 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.051 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8221 the country’s most highly paid CEOs or help them make it through the month and benefits, many people will be left with whether we work for the seniors and although I am not one of them I still want to one of these excruciating choices: Do I vets who worked their hearts out to speak for them as I feel it is important. buy more groceries or pay the rent this build this country. This person from Lanai said this is a month? Can I afford putting off taking Senator MCCONNELL, brings this bill deplorable situation, and I agree. That my medication for another day or an- to the floor and let us vote. is why we need to pass the SAVE Bene- other week or even another month? I yield the floor. fits Act. In the past, when we had years with- The PRESIDING OFFICER. The Sen- This bill is paid for by closing a tax out an official COLA, Congress stepped ator from Hawaii. loophole that benefits the wealthiest in. In 2009 there wasn’t a COLA. We Ms. HIRONO. Mr. President, last CEOs. Remember that $600,000-plus sal- were in the throes of recession. But month I joined Senator WARREN and ary increase they got? Well, some of Congress stepped in and passed a law I others in introducing the Seniors And that is paid for by taxpayers because of strongly supported—the ARRA—to pro- Veterans Emergency Benefits Act, also this tax loophole. vide a one-time $250 payment to Social known as the SAVE Benefits Act. This This bipartisan idea of closing this Security recipients and veterans to legislation is needed because for the tax loophole was even included in the help them get through those tough first time in over 40 years, our seniors, former chairman of the House Ways times. Next year, we should do the veterans, and people with disabilities and Means Committee’s 2014 tax reform same. But I hasten to add—I don’t like won’t receive a cost-of-living adjust- proposal. to be partisan—in 2009 the House and ment, or a COLA, for 2016. We are here We only have a few days left for Con- Senate were Democratic, caring about again to urge our colleagues to support gress to act before the end of the year. Social Security. In 2015 the House and this much needed legislation that I urge my colleagues to join me in let- Senate are Republican, and we are get- would provide a 3.9-percent COLA in- ting seniors in Hawaii and across the ting no relief for seniors. Well, I hope crease next year. There is a reason we country know that we are on their side that will change. The SAVE Benefits hit upon the 3.9-percent number as the by cosponsoring the SAVE Benefits Act would change it. It would provide a appropriate increase. I will get to that. Act. Let’s just think about the dis- one-time check of approximately $580 Many of our people who rely on So- parity—$600,000-plus increases for CEOs for our veterans and our seniors and cial Security and other Federal bene- making over $16 million a year versus fully pay for it by closing a loophole fits are on fixed incomes. Every extra the millions of seniors and veterans that benefits corporate compensation dollar helps them buy basic necessities. and disabled people who rely on Social packages over $1 million. To boot, it These Americans worked hard and Security and who need and deserve this would provide this benefit while also earned modest benefits. However, based COLA increase. using some of the revenue to extend on the current benefit formula this I urge my colleagues to bring the the life of Social Security. year, they are out of luck. They won’t SAVE Benefits Act to the floor for a In my State, over 4 million people see any increase in their income. vote, vote on it, and send it on to would benefit—nearly 1.5 million But here is the thing. That is not the President Obama for his signature. women over the age of 65, a quarter of case for our Nation’s top CEOs. Accord- I yield the floor. a million children, and half a million ing to analysis by the Economic Policy The PRESIDING OFFICER (Ms. disabled workers in New York alone. If we think about it in real terms, Institute, CEOs of some of America’s AYOTTE). The Senator from New York. that $580 is almost 3 months of gro- biggest, richest corporations not only Mr. SCHUMER. Madam President, ceries or the average annual out-of- earn an average of $16 million per year, today I wish to join my colleagues in pocket expenses that a senior has for but they received a 3.9-percent salary strong support of the SAVE Benefits prescription drugs for Medicare. bump in 2014; hence our 3.9-percent Act. I wish to commend the excellent work done by my friend and the Sen- This is the right thing to do. Social COLA increase for recipients of the Security and veterans’ benefits should ator from Massachusetts, Ms. WARREN. SAVE Benefits Act. rise to keep pace with prices, but un- What does a 3.9-percent increase Millions of seniors and veterans de- serve a little more money in their So- less Congress acts, our seniors and our mean to these CEOs? About $635,000 veterans will not see any increase in cial Security checks at the beginning more a year in their pockets—far more their own benefits next year. It is time of every year to help pay for the ever- than most workers who rely on Social to fix that. Security saw in 1 year or 10 years or increasing costs of rent and medicine I want to ask who on the other side perhaps even in their lifetimes. By con- and groceries. They earned it. The would say millionaires should continue trast, what does a 3.9-percent increase SAVE Benefits Act would provide a fair to get to deduct their bonuses while mean to most seniors in Hawaii? About and well-deserved payment to our sen- senior citizens get no COLA. What per- $580 more a year. Again, focusing on iors receiving Social Security and vet- centage of Republicans in America Hawaii, that is about enough for a Ha- erans receiving Federal benefits who would say that? What percentage of waii senior to buy almost 3 months of will not see a cost-of-living adjustment Independents? groceries or cover the average cost of a in their benefits next year. You see, This should not be a partisan issue. year’s worth of prescription drugs. So next year there will be no official cost- We should just pass it and help the sen- $580 is a big deal for a lot of people in of-living adjustment or COLA chiefly iors as we did in 2009 when the Congress Hawaii. because the formula that determines it was under different control. This is a This bill would help about 19 percent is heavily tied to the price of gasoline, real test of who cares for the seniors, of Hawaii’s population, or 268,000 peo- which is low, but all the other cost-of- who understands their struggles, and ple. They include seniors, children, and living indicators are up, including rent, who understands the sweat seniors disabled workers who rely on Social medicine, and groceries. These are the break out in when they have to pay the Security to make ends meet. It in- costs our seniors are juggling most bills and they don’t have enough cludes 24,000 veterans and their family often. money to pay basic expenses. Well, members, who would receive an in- I talk to seniors. They say: What is those who cosponsored this bill under- crease to their well-earned benefits. this? There is no inflation? My life stand. Those who support this bill un- That extra payment of $580 would help costs me more each year—considerably derstand. I would like to hear from my to prevent some 2,000 people in Hawaii more. colleagues who don’t support it what from falling into poverty. But because there was no official their alternative is. We are hearing from people all across COLA even as those costs are going up, I urge my colleagues on the other the country about what will happen Social Security benefits will not in- side to join us in extending to our sen- next year without the COLA increase. crease by a single dime in 2016. And iors and our veterans a fair increase in One woman from Lanai City in Ha- about two-thirds of seniors rely on So- benefits that they earned. waii wrote: cial Security for over half of their in- I yield the floor. I feel it is deplorable that Social Security come. I suggest the absence of a quorum. did not receive a COLA increase. Many Sen- If we don’t help offset the increase in The PRESIDING OFFICER. The iors and poor people rely on this money to costs with an increase in these modest clerk will call the roll.

VerDate Sep 11 2014 00:41 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.052 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8222 CONGRESSIONAL RECORD — SENATE December 1, 2015 The senior assistant legislative clerk Social Security is an immensely im- American worker makes. Last year proceeded to call the roll. portant program, one that has helped America’s CEOs saw their pay increase Mr. LEAHY. Madam President, I ask millions of Americans stay out of pov- by about $635,000 to an average of $16 unanimous consent that the order for erty once entering retirement. This million. A family in the top 1 percent the quorum call be rescinded. program has always represented a has a net worth 288 times higher than The PRESIDING OFFICER. Without strong commitment to our Nation’s the typical family. That is unaccept- objection, it is so ordered. seniors. Ever since Ida May Fuller of able and it must change. Mr. LEAHY. I thank the distin- Vermont received the first Social Secu- Shouldn’t our seniors—shouldn’t guished Presiding Officer, my neighbor rity check issued, vulnerable seniors grandma and grandpa who built this in New Hampshire. have had a safety-net to fall back on in country receive an additional benefit I also want to thank Senator WARREN retirement or to supplement individual from the economy which they cre- for her leadership on a matter of great retirement savings or pensions. Sup- ated—this incredible wealth which importance to millions of Americans. port for this bill represents a con- they created in our country. When do In October, Social Security bene- tinuing commitment to our Nation’s they get their raise? They got up every ficiaries received some upsetting news. seniors and also those with disabilities morning. I know it is upsetting to a lot of in an uncertain economy. My father worked for the Hood Milk Vermonters, as I have talked to them I hope we can redouble our commit- Company. He got up every morning. He in grocery stores, on street corners, ment to seniors, veterans, and those worked as hard as a human being can and even coming out of church on Sun- with disabilities in this country by work, and so have hundreds of millions day. For the third time in 40 years, the passing this important legislation. It is of Americans. They built this country Social Security Administration an- the least we can do. with their hard work. They deserve a nounced that in 2016, Social Security Madam President, I yield the floor. Social Security raise. They deserve a payments will not include a cost-of-liv- The PRESIDING OFFICER. The Sen- wage if they now have disabilities. If ing increase. Unless Congress acts, sen- ator from Massachusetts. they are veterans, they not only got up iors and others who receive Social Se- Mr. MARKEY. Thank you, Madam and worked every single day, but they curity benefits will not see an addi- President, very much. also saved our country, many of them tional dime in payments in the new I am very proud to be a cosponsor of overseas protecting us against our en- year. the SAVE Benefits Act. I think we owe For the nearly two-thirds of bene- an enormous debt of gratitude to Sen- emies. So that is what Senator WAR- REN’s very wise piece of legislation fo- ficiaries who depend on Social Security ator WARREN, my colleague from Mas- for at least half of their income, and sachusetts, for the legislation she has cuses on. We know grandma and for the 24 percent of those where Social introduced because she is going to grandpa deserve a raise. We know the Security is the sole source of income, make sure the Social Security benefits system that has been created allows this news is not just distressing, it is for seniors, for veterans, and for those those in the upper 1 percentile to con- devastating. who are disabled will be protected, and tinue to receive per year, on average, I will not take the time here, but I I applaud her for the enormously inno- $685,000 in raises—up to an average of could tell so many stories of what vative way she has framed this debate $16 million for salary. And we are say- Vermonters have told me, and I share for our Nation. ing to people who did the work: You their concerns. In order to address this The Social Security Administration don’t get a raise at all. issue, I am proud to stand with thou- has recently determined that seniors I think for their sacrifice, for their sands of Vermonters and millions of will not receive an increase in their hard work every single day, they de- Americans to support Senator WAR- benefits for the next year. That means serve something. They built the great- REN’s bill to provide Social Security re- approximately 70 million American est country in the history of the world. cipients, those who receive disability seniors, veterans, and the disabled will So let’s give our seniors the 3.9-percent benefits, and veterans, among others, a not receive any increase in their bene- raise that Senator WARREN has pro- one-time payment next year. This pay- fits, including the 1.4 million people in posed. Let’s give them the kind of com- ment would be equivalent to the aver- Massachusetts who are dependent upon fort they deserve for a lifetime of hard age increase of 3.9 percent—inciden- these benefits. That is completely un- work, and let’s thank Senator WARREN tally the same pay increase top CEOs acceptable. What Senator WARREN has for reminding all of us of the obligation in the United States saw last year. done is to say that for these seniors, we have to those great Americans, so Many in Congress have turned a blind for many of them, Social Security is we don’t forget them when it comes eye to the problems facing Social Secu- their sole basis for having any income time at the end of the year to hand out rity, arguing the idea that we as a at all, and for most seniors it is the bonuses. They deserve bonuses in the country cannot possibly afford to spend majority of their income in their re- same way we know CEOs across our resources on our seniors, but every tirement. Those seniors depend on country, from Wall Street to Silicon year hard-working Americans subsidize these benefits to pay for food, rent, Valley, are going to receive every year. billions of dollars in tax subsidies for medicine, and the electricity bill. In We shouldn’t turn our backs on those corporate CEOs. By no longer allowing their world, prices for food, clothing, seniors. corporations to receive tax deductions and medicine are not going down, they Thank you, Senator WARREN, for all for performance pay packages for their are going up. These are the necessities your great work. executives, we could give a one-time of life, and our seniors should not have Madam President, I yield back. emergency payment to our Nation’s to choose between eating and heating. The PRESIDING OFFICER. The Sen- seniors, and we could increase the sol- We have a simple question to ask ator from Minnesota. vency of the Social Security trust fund ourselves: Who contributed most to our Mr. FRANKEN. Madam President, we without adding a penny to the deficit. country over the last generation? Is it are just 1 month away from the new It is a win-win. It is a matter of prior- a small handful of CEOs who are now year 2016, which will bring a lot of good ities. paid exorbitant salaries or is it every new things, I hope. The one thing it Are we as a country going to support American who got up every morning to will not bring is a cost-of-living in- the millions of Americans who depend build us into this incredible country we crease for seniors, veterans, and for upon Social Security to make ends now live in? I think it was grandma people with disabilities. Despite the meet? Or are we going to continue to and grandpa. Those are the people who fact that the costs of health care, pre- allow the country’s top CEOs, whose got up every day. Those are the people scription drugs, and housing are in- average salary in 2014 topped $16 mil- who built this great country. Right creasing, the size of a Social Security lion each, to continue to rake in bil- now we are being told that their stand- check will not go up 1 cent on January lions of dollars thanks to the perform- ard of living is going to stay the same 1, unless we act—unless Congress acts. ance pay tax loophole? The choice or go down. There will be no increase That is why Senator WARREN, my should be clear. If these CEOs want to for them. colleagues, and I have introduced the make more money, fine, but don’t do it Well, unfortunately CEOs in America Senior And Veterans Emergency Bene- using a special tax loophole. make about 273 times what the average fits Act or SAVE Benefits Act. The

VerDate Sep 11 2014 00:41 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.053 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8223 SAVE Benefits Act is a one-time pay- Right now, individuals making mil- We should fix that formula. There ment to seniors and veterans receiving lions of dollars a year still pay payroll should be a CPI–E, a CPI for elderly their earned benefits so they can better tax only on the first $118,500 of their in- folks that tracks what they actually meet their basic living expenses. come. Over the long term, that is the spend and not some hypothetical CPI The stagnant level for benefits in 2016 sort of thing we need to address in that spreads across all age groups. and its damaging effects are part of the order to strengthen Social Security. That would be the ultimate fix, but in bigger problem. Too many of our sen- This bill proposes to pay for the one- the meantime, we should do this. I iors are feeling the squeeze and just time increase of Social Security bene- think it is paid for very sensibly. aren’t secure enough in their retire- fits in the same spirit—rebalancing our I commend Senator WARREN. We es- ment. Today’s Social Security benefits Tax Code by ending a tax deduction for tablished as a country that beyond $1 are not enough to live on, and other re- CEO pay that doesn’t make sense and million in executive compensation, it tirement savings aren’t filling the gap. allows corporations to avoid paying wasn’t going to be tax deductible any You see, the share of private sector their fair share of taxes. CEOs and big longer. If you are a big corporation and workers with pensions has fallen pre- businesses will still do just fine under you want to pay your CEO more than cipitously in recent years, and yet half this bill. $1 million—fine, you still do that, but of all Americans don’t have retirement At the same time, the SAVE Benefits you don’t get to have the American accounts or 401(k) plans or IRAs. Act will provide critical assistance to taxpayer kick in for the more-than-$1 So without sufficient pensions or re- Americans struggling to meet their ex- million salary. tirement accounts, many seniors de- penses. In fact, this increase in benefits So what did corporate America do? pend on Social Security. Social Secu- will lift about 8,000 Minnesotans out of They took it out of salary and they rity benefits comprise over 90 percent poverty and thousands more in every moved it over to bonuses. Now you of income for the poorest 25 percent of State of our Union. have those big bonuses over $1 million. retirees. Social Security comprises 70 Ultimately, the debate over this bill They dodged that exemption, and now comes down to priorities. What is more percent of income for the middle 50 the American taxpayer is back on the important to us—protecting high pay percent of retirees. With the cost of hook again to kick in for a $1 million- for the wealthiest Americans or tax de- things seniors have to spend money on plus compensation package for a cor- ductions for corporations on that high increasing, the absence of a cost-of-liv- porate CEO. Come on. We ought to be pay or ensuring that veterans, seniors, ing increase in Social Security benefits able to get beyond that. and people with disabilities have the is especially damaging. So we have a way to pay for it that income security they need to pay for I have heard from many Minnesota is fair, sensible, and consistent with health care, prescription drugs, and seniors who are worried about the the policy that we have already agreed housing? squeeze that no increase in Social Se- on as a nation, which is that above $1 curity will put on their budgets. Jeff As this year comes to a close, it is time to get our priorities straight and million in compensation, taxpayers from Minneapolis wrote: ‘‘Food prices to stand up for our seniors and our vet- shouldn’t be kicking in any longer to are up and my rent is up 4 percent in erans. They need a raise in 2016. help the company pay those exorbitant 2015 and will be up again in 2016.’’ He Madam President, I yield the floor. salaries. I think we have a very good continues: ‘‘I lost most of my IRA The PRESIDING OFFICER. The Sen- way to spend those resources, which is earnings in the 2008–2009 debacle and ator from Rhode Island. helping seniors who now—for the third now I rely almost entirely on Social Mr. WHITEHOUSE. Madam Presi- time since I have been in the Senate— Security.’’ dent, I am here to join the chorus for are getting a zero COLA while every- If we want Minnesotans like Jeff— providing some additional help to our thing goes up around them. and millions of Americans across the seniors on Social Security. What can I I commend Senator WARREN for tak- country facing similar situations—to say? Here we go again. In 2010 and in ing the lead, and I am pleased to be a have a secure retirement, we need to 2011, America’s seniors were told by the cosponsor on her bill. increase these benefits. That is what Social Security Administration there I am delighted to yield back. the SAVE Benefits Act does. Under our would be no cost-of-living adjustment, The PRESIDING OFFICER. The Sen- bill, seniors and veterans have a 3.9- no increase for them, and now it is hap- ator from Massachusetts. percent increase—the same percentage pening a third time. We all know that Ms. WARREN. Madam President, I increase that CEO pay went up from the price of the things seniors actually appreciate the colleagues who came to 2013 to 2014. For the average bene- buy has continued to go up, and yet no the floor today to talk about the SAVE ficiary, a 3.9-percent raise would come COLA. Benefits Act. to about $580 a year. In 2010 and 2011 we tried to remedy I suggest the absence of a quorum. While that $580 may not sound like a that with Senator SANDERS’ Emer- The PRESIDING OFFICER. The lot compared, of course, to the raises gency Senior Citizens Relief Act. We clerk will call the roll. that CEOs are getting, $580 can make a did not succeed. There was opposition The senior assistant legislative clerk big difference to the average American, from the other side. proceeded to call the roll. especially the average senior. The $580 We did succeed at getting a one-time Mr. WHITEHOUSE. Madam Presi- may cover several months of groceries $300 payment to seniors under the Eco- dent, I ask unanimous consent that the or out-of-pocket costs for prescription nomic Stimulus Act in 2008, back in order for the quorum call be rescinded. drugs for a senior on Medicare who has the depths of the great Wall Street re- The PRESIDING OFFICER. Without gone into their doughnut hole. cession, and another $250 under the Re- objection, it is so ordered. Some may ask if we can afford to covery Act. So we have done this be- Mr. WHITEHOUSE. Madam Presi- give seniors and veterans a raise right fore, and it has helped. I strongly en- dent, I ask unanimous consent to speak now. Too often the ideas we have heard courage that we do it. for up to 20 minutes in morning busi- for ‘‘fixing’’ Social Security focus on There is a flaw built into the Social ness. cutting benefits, such as reducing cost- Security COLA, which is that the CPI The PRESIDING OFFICER. Without of-living increases by using chained measures things that a lot of seniors objection, it is so ordered. CPI or raising the retirement age, but don’t buy. It measures laptops, it f I think that is the wrong approach. We measures flat screens, and it measures shouldn’t cut our way to solvency. We a lot of technology, but seniors in CLIMATE CHANGE need to strengthen our Social Security Rhode Island who make a little over Mr. WHITEHOUSE. Madam Presi- System by protecting and enhancing $1,200 from Social Security on average dent, as the Presiding Officer knows the benefits that seniors and veterans aren’t buying a lot of flat screen TVs well, every week that I am here and have earned, and that means improving and they are not buying a lot of the Senate is in session, I come to the Social Security’s finances. A good laptops. What they are buying is fuel, floor to remind us of the damage car- place to start is by removing special medicines, food, and maybe something bon pollution continues to do to our at- provisions to the wealthiest Americans for the grandchildren at Christmas- mosphere and oceans. Today I rise for in our current Tax Code. time, and all of that keeps going up. the 120th time to urge my colleagues to

VerDate Sep 11 2014 02:54 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.055 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8224 CONGRESSIONAL RECORD — SENATE December 1, 2015 wake up to the threat of climate Pope Francis’s words in that opening how corporations have used their change. I am not alone, although it quotation: ‘‘special interests money to amplify the voices of climate sometimes seems a bit lonely here. prevail[ing] over the common good.’’ deniers and to exaggerate scientific un- We have an advertisement today in Well, doing nothing is just fine by the certainty. Dr. Farrell used computers the Wall Street Journal—we will find it big polluters because they make more to perform a comprehensive quan- here in 1 second; well, I seem to have money when we do nothing. To keep titative analysis of more than 39 mil- mislaid it—that has a considerable their profitable racket running, the lion words written by 164 climate de- number of American companies that polluters spend huge sums on lobbying nial organizations—yes, there are 164 of have called upon the public and called and on politics, particularly right here them; this is a big beast—over a 20- on the readers of the Wall Street Jour- in the Congress. As one author has year period. His study compared cor- nal to support a strong outcome in written, and I will quote him: ‘‘[R]ivers porate-funded groups to the rest. Paris. It matches another Wall Street of money flowing from secret sources Professor Farrell’s stated purpose Journal full-page advertisement—this have turned our elections into silent was to uncover empirically the actual one went back to October 22—which auctions.’’ And the polluters get what social arrangements within which was ‘‘Republicans and Democrats they pay for. With the Congress of the large-scale scientific misinformation is Agree: U.S. Security Demands Global United States distracted and deceived generated and the important role pri- Climate Action.’’ That had 23 Repub- by their mischief, the effects of climate vate funding plays in shaping the ac- lican former officials, including Sen- change just keep piling up. tual ideological content of scientific ators Cohen, Coleman, Danforth, This problem got worse in 2010 when information that is written and ampli- Hagel, Lugar, Kassebaum, Smith, and the big polluters got a gift. They got fied. He describes the climate denial Snowe, Secretaries of Commerce, handed a big, new political weapon. apparatus as a complex network of State, Treasury, members of the Na- Thanks to five Justices on the U.S. Su- think tanks, foundations, public rela- tional Intelligence Council, Homeland preme Court, all of them Republican tions firms, trade associations, and Security advisers, and Trade Rep- appointees, the big polluters can now other groups that are ‘‘overtly pro- resentatives. In total, 33 Republican threaten lawmakers with the cudgel of ducing and promoting skepticism and and military officials were calling on unlimited, undisclosed Citizens United doubt about scientific consensus on cli- us to get serious about it. So a lot of money. So we do nothing, and the pol- mate change.’’ Farrell describes the people out there, including Repub- luters offload onto everyone else the function of the network as, one, ‘‘the licans, are interested in getting some- costs in damage from their fossil fuel production of an alternative contrarian thing done. product, the costs of heat waves, of sea discourse,’’ and two, ‘‘to create ideo- I wanted to build my remarks this level rise, of ocean acidification, of logical polarization around climate week around something interesting dying forests, of worsening storms and change.’’ Why polarization? Because that Pope Francis said this past week- more. The polluters happily dump ‘‘it is well understood that polarization end about the upcoming climate talks those costs onto everybody else. They is an effective strategy for creating in Paris. He said: ‘‘It would be sad, and suck up hundreds of billions of dollars controversy and delaying policy dare I say even catastrophic, were spe- in effective public subsidy, according progress particularly around environ- cial interests to prevail over the com- to the International Monetary Fund, mental issues.’’ So the polarization we see in this mon good and lead to manipulating in- and of course they fight desperately to building on this issue is a product cre- formation in order to protect their own protect their favored status. plans and interests.’’ Pope Francis had it right—special in- ated by a network of corporate-funded ‘‘Sad,’’ and ‘‘even catastrophic’’— terests indeed prevail over the common climate denial front groups. We are the let’s look at that part. The fact is, we good. And that brings us to the Pope’s living proof of the success of this scheme. Corporate backing created a have changed the composition of our words about them ‘‘manipulating infor- united network, said Farrell, within atmosphere, pushing the concentration mation in order to protect their own which the contrarian messages could of carbon dioxide beyond the range it plans and interests.’’ has been in for at least 800,000 years, I have spoken on this floor about the be strategically created. That is right, longer than our species has been on the decades-long, purposeful corporate climate denial is ‘‘strategically cre- planet. For 8,000 centuries, humans campaign of misinformation on cli- ated.’’ Farrell’s data show particularly that have inhabited an Earth with an at- mate change. The fossil fuel industry donations from ExxonMobil and the mosphere between 170 and 300 parts per and its allies gin up doubt about the Koch family foundations signal what million of CO . Concentrations have dangers of carbon pollution through a 2 he calls entry into a powerful network now hit 400 parts per million, farther smokescreen of misleading public of influence, and that corporate fund- out of the range than the midpoint of statements, sophisticated marketing, ing influences the actual language and the range, and that trend continues to and polluter-funded front groups. The thematic content of polarizing dis- rise. By the way, that is measurement. mission of these well-organized and course. And, of course, one of the areas That is not somebody’s theory. That is mightily funded deniers is to manufac- of distinct corporate-funded polarizing not a computer-model run. We have ture a product—uncertainty, doubt. discourse produced by this network measured that. The polluters spend huge amounts on a was questions about the scientific ve- Last year was the hottest year since big, complex PR machine to churn out racity of long-term climate change. we began keeping records in 1880, a du- doubt about the real science. It is a Again, it is the product of a scheme. bious distinction. According to the fraud. It is a deliberate pollution of the Professor Farrell made another com- World Meteorological Organization, public mind. parison. He has made the same com- the last 5 years are now the warmest 5- We know that a network of front or- parison that others have made with to- year period in human history. This ganizations with innocent-sounding bacco. I will quote him: year is on track to be another record- names has emerged to propagate that baloney science. This network has been Well-funded and well-organized breaker, expected to reach the both ‘‘contrarian’’ campaigns are especially im- symbolic and significant milestone of 1 well documented by Dr. Robert Brulle portant for spreading skepticism or denial full degree Celsius above the average at Drexel University and Dr. Riley where scientific consensus exists—such as in temperature of the preindustrial era. Dunlap at Oklahoma State University, the present case of global warming, or in his- Many scientists agree that 2 degrees among others. Professor Brulle’s fol- torical contrarian efforts to create doubt above the precarbon-era norm will low-the-money analysis, for instance, about the link between smoking and cancer. likely mean irreparable harm to our diagrams the complex flow of cash to To create doubt about the link be- planet and to our current way of life. these front groups, a flow that the fos- tween smoking and cancer. That echos So it would, indeed, be sad and perhaps sil fuel industry persistently tries to the telling sentence from the tobacco ultimately catastrophic if we were to obscure. denial campaign: Doubt is our product. do nothing. A new study was released just last Just as Pope Francis said, the denial Yet we in Congress continue to do week, a study by Dr. Justin Farrell at machinery is ‘‘manipulating informa- nothing, which brings me to the next of Yale University. His work examines tion in order to protect their own plans

VerDate Sep 11 2014 02:54 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.057 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8225 and interests.’’ The actions of the cli- doing nothing, yielding to the special Clean Edge, Clean Energy Collective, Decent mate denial machine have been so ef- interests, won’t accomplish that. Energy, Inc., Drew Maran Construction, Inc., fective, they have made it ‘‘difficult for This new analysis out of Yale is an Creep Optimizers. USA, Ideal Energy, Intex ordinary Americans to even know who important addition to the increasing Solutions. iSpring Associates, Jacobs Farm—Del Cabo, Krull & Company, Lenox to trust,’’ says Farrell. Doubt is still body of academic research and jour- Hotels, LIVINGPLUG. Make Good, Want their product. nalism that is shining some much MEI Hotels, Inc.. Microgrid Energy, National Every generation of Americans has needed sunlight on the shadowy enter- Car Charging LLC., Next Step Living. NLine faced its challenge, and each has risen prise of phony science and phony doubt Energy, Inc.. Nth Power, one3LED, Recur- to its challenge. Some generations left that props up climate denial. It is time rent Energy, Sequoia Lab, Sierra Energy, bloody footprints in the snows of Val- we all caught on to this deceptive en- Sustainable Farming Corporation, Terviva, ley Forge to secure our independence. terprise. Being suckers down a road to Toniic, Uswharrie Bank, Vigilent, Wall @ Some generations were torn to pieces infamy is not a good legacy. It is time Law by cannon fire in the great battles of to wake up. Coordinated by Business Council for Sus- Madam President, I ask unanimous tainable Energy, CDP, Ceres, C2ES, Environ- the Civil War. Some generations en- mental Defense Fund, Environmental Entre- dured mustard gas and trench warfare consent that the advertisement ‘‘Busi- preneurs, The Climate Group, We Mean Busi- in World War I. Some secured the ness Backs Low-Carbon USA’’ in the ness, and World Wildlife Fund in collabora- world’s freedom from the Axis powers Wall Street Journal and the article by tion with the above businesses. in World War II. Some rebuilt the David Brooks, ‘‘The Green Tech Solu- American economy after the Great De- tion,’’ be printed in the RECORD. [From the New York Times, Dec. 1, 2015] pression. Some were beaten, bombed, There being no objection, the mate- THE GREEN TECH SOLUTION and burned as they struggled to secure rial was ordered to be printed in the (By David Brooks) the civil rights we now enjoy. We are RECORD, as follows: I’ve been confused about this Paris climate the generation whose duty it is to face PAID ADVERTISEMENT conference and how the world should move forward to ameliorate climate change, so I down the climate crisis that threatens BUSINESS BACKS LOW-CARBON USA our planet and face down the folks be- se´anced up my hero Alexander Hamilton to lowcarbonusa.org see what he thought. I was sad to be re- hind this vast climate denial scheme. WE ARE SOME OF THE BUSINESSES THAT WILL minded that he doesn’t actually talk in hip- All we have to do to rise to our duty is HELP CREATE THE FUTURE ECONOMY OF THE hop, but he still had some interesting things to resist all the dark money, all the UNITED STATES. to say. fossil fuel-funded threats and intimida- We want this economy to be energy effi- First, he was struck by the fact that on tion Citizens United made possible. cient and low carbon. We believe there are this issue the G.O.P. has come to resemble a Let me read from an opinion that cost-effective and innovative solutions that Soviet dictatorship—a vast majority of Re- was in my clips today from David can help us achieve that objective. Failure to publican politicians can’t publicly say what Brooks, a conservative columnist. I see tackle climate change could put America’s they know about the truth of climate change economic prosperity at risk. But the right because they’re afraid the thought police him at American Enterprise Institute action now would create jobs and boost com- will knock on their door and drag them off gatherings. He is a self-identified Re- petitiveness. to an AM radio interrogation. publican conservative who was writing We encourage our government to This week’s Paris conference, I observed, about climate change and the upcom- 1. seek a strong and fair global climate seems like a giant Weight Watchers meeting. ing Paris conference. He says this as if deal in Paris that provides long-term direc- A bunch of national leaders get together and he is communicating with Alexander tion and periodic strengthening to keep glob- make some resolutions to cut their carbon Hamilton. He obviously is not, but that al temperature rise below 2 °C emissions over the next few decades. You hope some sort of peer pressure will kick in is his rhetorical device. He said, ‘‘So I 2. support action to reduce U.S. emissions that achieves or exceeds national commit- and they will actually follow through. seanced up my hero Alexander Ham- ments and increases ambition in the future I’m afraid Hamilton snorted. ilton to see what he thought’’ about 3. support investment in a low-carbon The co-author of the Federalist papers is the Paris climate conference. Here is economy at home and abroad, giving indus- the opposite of naı¨ve about human nature. what he said: try clarity and the confidence of investors He said the conference is nothing like a First, [Alexander Hamilton] was struck by We pledge to continue efforts to ensure a Weight Watchers meeting. Unlike weight the fact that on this issue the G.O.P. has just transition to a low-carbon, energy-effi- loss, the pain in reducing carbon emissions is come to resemble a Soviet dictatorship—a cient U.S. economy and look forward to ena- individual but the good is only achieved col- vast majority of Republican politicians can’t bling strong ambition in the U.S. and at the lectively. You’re asking people to impose costs on publicly say what they know about the truth Paris climate change conference. themselves today for some future benefit of climate change because they’re afraid the Autodesk, Inc.; The Coca-Cola Company; they will never see. You’re asking developing thought police will knock on their door and Unilever; Adidas Group; Johnson Controls, countries to forswear growth now to com- drag them off to an AM radio interrogation. Inc.; Clif Bar & Company; Intel; Kingspan In- pensate for a legacy of pollution from richer That is a conservative Republican sulated Panels; Microsoft; Qualcomm; Sprint; Colgate-Palmolive Company; countries that they didn’t benefit from. economist talking about this. Smartwool; The Hartford; Volvo, Volvo You’re asking richer countries that are fac- We can get through this. We simply Group North America; Burton; Snowbird; ing severe economic strain to pay hundreds need conscientious Republicans and eBay; Seventh Generation; Johnson & John- of billions of dollars in ‘‘reparations’’ to Democrats to work together in good son Family of Companies; Vail Resorts; Levi India and such places that can go on and faith on a common platform of estab- Strauss & Co.; EMC; New Belgium Brewing burn mountains of coal and take away Amer- ican jobs. And you’re asking for all this top- lished science, clear facts, and basic Company; Squaw Valley Alpine Meadows; Annie’s; Alta; General Mills; Dignity Health; down coercion to last a century, without any common sense. If we do that, we can enforcement mechanism. Are the Chinese protect the American people, the BNY Mellon; Jupiter Oxygen Corporation; Hewlett Packard Enterprise; Outdoor Indus- really going to police a local coal plant effi- American economy, and our American try Association; Procter & Gamble; Ben & ciently? This is perfectly designed to ensure cheat- reputation from the harm of the loom- Jerry’s; Schneider Electric; Xanterra; Nike; ing. Already, the Chinese government made ing effects of climate change. It is on The North Face; Symantec; JLL; Powdr Cor- a grandiose climate change announcement us. It is on us. We simply need to shed poration; Gap Inc.; Owens Corning; EnerNOC; but then was forced to admit that its coun- the shackles of corrupting influence Hilton Worldwide; VF Corporation; try was burning 17 percent more coal than it Guggenheim; Timberland; L’Oreal; IKEA; and rise to our duty, as other genera- had previously disclosed. The cheating will Aspen Snowmass, Aspen Skiing Company; tions always have. We do not have to create a cycle of resentment that will dis- Vulcan; Eileen Fisher; DuPont; CA Tech- be the generation that failed. Yes, we solve any sense of common purpose. nologies; Nestle; Pacific Gas and Electric I countered by pointing out that policy are headed down a road to infamy now, Company; Catalyst; Sealed Air; National makers have come up with some clever ways but it doesn’t have to be that way. We Grid; Saunders Hotel Group; Hewlett Pack- to make carbon reductions more efficient, can leave a legacy that will echo down ard; Kellogg’s; Teton Gravity Research; Dell; like cap and trade, permit trading and car- the corridors of history, so the genera- Mars, Incorporated; NRG; Ingersoll Rand bon taxing. tions that follow us will be proud of ENVIRONMENTAL ENTREPRENEURS (E2) The former Treasury secretary pointed out our efforts the way we are proud of Ameristar SolarStream, Big Kid Science. that these ideas are good in theory but those who did great things for our Bloom Energy, Canadian Solar. Inc., Carbon haven’t worked in reality. Cap and trade has country before us. But sitting here Lighthouse. Clean Blue Technologies, Inc. not worked out so well in Europe. Over all,

VerDate Sep 11 2014 02:54 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.075 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8226 CONGRESSIONAL RECORD — SENATE December 1, 2015 the Europeans have spent $280 billion on cli- There are some in the Senate who stances has exceeded the authority mate change with very little measurable im- have argued that within this appropria- granted to them by a statute—a piece pact on global temperatures. And as for car- tions bill there is no place for policy of legislation passed by the House, bon taxes, even if the U.S. imposed one on riders, for provisions in that bill that passed by the Senate, and sent to the itself, it would have virtually no effect on the global climate. direct in a more specific way how we President. Hamilton steered me to an article by spend money. I would say that is a ter- The President should only be able to James Manzi and Peter Wehner in his favor- rible mistake on the part of Members do those things which are granted to ite magazine, National Affairs. The authors of the Senate to reach that conclusion, him or her by the Constitution or by point out that according to the United Na- and I would say it is wrong for our legislative enactment pursuant to the tions Intergovernmental Panel on Climate country. It is wrong based upon the Constitution. That seemingly has been Change, the expected economic costs of Constitution of the United States that forgotten during the recent history of unaddressed global warming over the next creates three coequal branches of gov- our country. Congress holds the power century are likely to be about 3 percent of ernment. of the purse strings. world gross domestic product. This is a big, There are many of us—Republicans gradual problem, but not the sort of cata- In the legislative branch, we know clysmic immediate threat that’s likely to that our role is to legislate, to create and Democrats—who would like to di- lead people to suspend their immediate self- the laws, to appropriate the money. rect the executive branch in how interest. There cannot be a distinction between money is spent. The appropriations bill Well, I ventured, if you’re skeptical about legislating and appropriating money. ultimately will determine how much our own policies, Mr. Founding Father, what They end up being the same thing. money is spent. But in addition to would you do? When we appropriate money, we are di- that, we have the ability to direct Look at what you’re already doing, he recting an administration to conduct whether that spending can occur, countered. The U.S. has the fastest rate of itself according to that appropriations shouldn’t occur or how it should occur. reduction of CO2 emissions of any major na- tion on earth, back to pre-1996 levels. bill. Particularly in this case, we have I think all of you have heard me speak That’s in part because of fracking. Natural a few Democrats who are arguing that previously, and some of you may re- gas is replacing coal, and natural gas emits there shouldn’t be any policy riders in- member about a particular provision about half as much carbon dioxide. cluded in that appropriations bill. I that I wanted included in the Interior The larger lesson is that innovation is the doubt that we would hear that from and Environment appropriations bill key. Green energy will beat dirty energy Democrats if this were a Republican related to the U.S. Fish and Wildlife only when it makes technical and economic President and a Democratic Congress. Service—the designation of the lesser sense. In my view, it ought not to be any dif- prairie chicken as a threatened species. Hamilton reminded me that he often used We have had this conversation. In government money to stoke innovation. ferent. Congress’s role is to make deci- Manzi and Wehner suggest that one of our sions about how money is spent. For fact, in a bipartisan way, that issue great national science labs could work on too long, Congress has given up the was voted on here on the Senate floor. geoengineering problems to remove CO2 from power of the purse strings. It was approved, but the legislation it the atmosphere. Another could investigate This is a significant development in was attached to did not become law. cogeneration and small-scale energy reduc- our constitutional history because in Now the opportunity to instruct a Fed- tion systems. We could increase funding on giving up the power of the purse eral agency arises as we appropriate battery and smart-grid research. If we move strings, we authorize the executive the money for them to operate. There to mainly solar power, we’ll need much more are five States in the middle of the efficient national transmission methods. branch—that branch of Government Maybe there’s a partial answer in increased that is to execute the laws, to admin- country—New Mexico, Texas, Colorado, vegetation. ister the laws—to have significantly Kansas, and Oklahoma—that have felt Hamilton pointed out that when America more power. The American people and the consequences of a decision made by was just a bunch of scraggly colonies, he was our Constitution are harmed when any the U.S. Fish and Wildlife Service to already envisioning it as a great world Executive—this President, previous list the lesser prairie chicken as a power. He used government to incite, arouse, Presidents, future Presidents—exceeds threatened species. The issue that is so energize and stir up great enterprise. The the authority granted to them by the troublesome to me is that those five global warming problem can be addressed, States have come together to solve this ineffectively, by global communique´s. Or, U.S. Constitution. Sometimes I think with the right government boost, it presents we end up supporting Presidential deci- problem on their own without the an opportunity to arouse and incite entre- sions that we agree with and oppose heavy hand of the Federal Government. preneurs, innovators and investors and fo- those, obviously, that we disagree Conservation practices were being put ment a new technological revolution. with. But the reality is that if those in place. The U.S. Department of Agri- Sometimes like your country you got to be decisions are unconstitutional, if they culture was providing technical and fi- young, scrappy and hungry and not throw exceed the authority that Congress has nancial assistance for conservation ef- away your shot. granted an executive branch, they forts to landowners to provide the in- Mr. WHITEHOUSE. Madam Presi- ought to be denied, regardless of centives to put voluntary conservation dent, I yield the floor. whether we agree with those decisions practices in place across those five The PRESIDING OFFICER. The Sen- or not. In other words, the Constitu- States. In my view, the U.S. Fish and ator from Kansas. tion should trump. Wildlife Service only paid lip service to f In my view, this Congress and many those conservation efforts. Their ac- who preceded us have taken the oppor- tions spoke louder than the words, and POLICY ISSUES AND tunity to be in the back seat, granting they listed the lesser prairie chicken as APPROPRIATIONS BILLS authority or allowing Presidents to threatened. Mr. MORAN. Madam President, I rise consume additional power well beyond This decision at that point in time to visit for a moment with my col- the Constitution. I am here to encour- didn’t provide enough time for local leagues, both Republican and Demo- age my colleagues—Republicans and plans to prove their effectiveness, and cratic, about the ongoing debate we are Democrats—to reexert our constitu- the reality is the problem in our State having over the appropriateness of hav- tional grant of authority to legislate. and across that region of the country ing policy issues debated and then de- We ought not to pay undue deference was that we didn’t have moisture. We cided in appropriations bills. to an executive branch, whether the didn’t have adequate snowfall. We We are now at the stage in our legis- President is a Republican or a Demo- don’t have adequate rainfall. When you lative process in which it looks as if we crat. have little or no rain, you have little are going to complete our work on the I would say that in the time I have or no habitat. You can’t solve that final spending bill for the fiscal year been a Senator, in this first term of my problem without moisture. Now the that ended a few months ago and that term in office, we have seen an execu- rains have returned. Over the last 2 by December 11, when the continuing tive branch that has continued to in- years, just as you would predict and as resolution concludes, we very well may crease its power and authority and ex- common sense would tell us, if there is have an appropriations bill that takes ceeded, in my view, its constitutional more rain, there is more habitat and us into the new year completed. grant of authority and in so many in- there are more birds.

VerDate Sep 11 2014 03:55 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A01DE6.023 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8227 The most recent census of the lesser make decisions on how we spend the proverbial box and look everywhere for prairie chicken indicates that in the money. potential offsets. last 2 years, the population of that bird I appreciate the opportunity to be on Generally, the Finance Committee is has increased by 50 percent. Again, the Senate floor today to speak as we responsible for the financing title of common sense tells us if there is rain move next week toward the appropria- any highway bill that goes through the and if there is moisture, there is habi- tions bill and its conclusion. I wish to Senate. Usually, we do our best to tat and the birds return. As the rainfall say that in a bipartisan way, we ought work within our committee’s jurisdic- has returned, the habitat is growing, to work together to find opportunities tion to identify offsets. However, be- and it is healthy again. Local surveys to solve the problems that our con- cause those resources have been quick- indicate what we would expect: The stituents and Americans face. The leg- ly drying up, we had to look elsewhere bird’s population is again increasing. islative process is a way that we can do for this package. Therefore, one might think it would that. It is not inappropriate. In fact, it After the committee spent weeks ex- be useful to take a second look at the is the constitutional response to an amining numerous options and alter- listing. Despite our request of the U.S. abuse of power in an executive branch. natives, I was able to present our dis- Fish and Wildlife Service, they dis- Whether it is a Republican executive tinguished majority leader with a list missed with little thought that as the branch or a Democratic executive of offsets that, while not necessarily species has returned, maybe it should branch, we ought to work together as ideal, would allow us to put together a no longer be listed. The opportunity Members of Congress in utilizing our long-term highway bill without raising that I and others have to rein in deci- constitutional authority to make ap- taxes or increasing the deficit. sions that we believe are poorly made, propriate decisions for the American I am very pleased with the work we lack common sense, and are unreason- people. were able to do there as that list of off- able occurs in this appropriations proc- f sets formed the basis of the funding for ess. My guess is that all of my col- the long-term deal we will likely be leagues have certain issues on which EXTENSION OF MORNING voting on in short order. As we contin- they want to direct a Federal agency BUSINESS ued on, by the end of July, the Senate about how to behave, what rules and Mr. MORAN. Madam President, I ask had managed to pass a bipartisan infra- regulations are appropriate, where we unanimous consent that morning busi- structure bill with 3 years of solvency, believe they have exceeded their au- ness be extended until 6 p.m. today, funding, and certainty for the highway thority or where they simply lack the with Senators permitted to speak for trust fund. Though we were required to common sense or sound science to have up to 10 minutes each. enact another short-term extension be- made an appropriate decision. The PRESIDING OFFICER. Without fore the August recess, momentum had There are some who say you objection, it is so ordered. begun to build in both Chambers for a shouldn’t legislate on an appropria- Mr. MORAN. Madam President, I long-term highway bill. tions bill. An appropriations bill is a yield the floor to the Senator from Common practice on highways over legislative effort, and it would be Utah. the past few years has been to enact wrong for us not to take the oppor- The PRESIDING OFFICER. The Sen- short-term extensions and then go and tunity to direct agencies on behalf of ator from Utah. complain about the dysfunction in Con- the American people, on behalf of the f gress before moving on to the next constituents—in my case of Kansas— order of business. The offset package HIGHWAY BILL who feel very strongly about this issue produced by the Senate showed that we and have suffered the consequences of Mr. HATCH. Madam President, could do things differently and, for the the listing of the lesser prairie chicken throughout my time as ranking mem- first time in almost two decades, a by the U.S. Fish and Wildlife Service. ber and now chairman of the Senate Fi- long-term transportation bill was actu- Despite the practical reasons that nance Committee, finding money for ally possible. this listing should be reversed, the surface transportation infrastructure After the August recess, the House agency is not listening, and we ought has been a persistent and seemingly in- began working off of the Senate bill as to take the opportunity to direct their tractable problem. Even as we went a template for their own legislation. behavior in a legislative way. Whether into this year with a new Republican After they passed a remarkably similar or not an amendment is approved is de- majority in the Senate, none of us bill in November, the conference com- cided here in the Senate by a majority could have imagined that we could find mittee came together to produce the vote. I would tell you that in the case a way to provide 5 years of solvency legislation announced today. of this issue, the amendment was of- and stability for the highway trust While I am not one who likes to fered in the Appropriations Committee. fund. Yet, with today’s announcement count chickens before they have been It is included in the Interior appropria- of the completed conference report, hatched—no pun intended—I am opti- tions bill. The House has adopted simi- that is precisely where we are right mistic that the bill will pass with a lar language in their appropriations now. strong bipartisan vote. Putting these bill. So for those who say this is inap- The conference report for the Fixing offsets for this long-term bill together propriate, this is the legislative process America’s Surface Transportation Act has truly been a group effort. As I men- as it should be. This is the Senators will hopefully be enacted within a few tioned, we searched far and wide for and the Members of the House of Rep- days’ time. As the very first member of offsets that required a number of chair- resentatives speaking on behalf of their the conference committee to sign the men and committees to work together. constituents in a very constitutional report, I want to briefly talk about the I commend my colleagues for their ef- and appropriate way. process by which the legislation came forts and their willingness to do so and It is important for us to utilize our about and how we got to where we are their willingness to do what it took to authority as Members of Congress to now. make the endeavor successful. make decisions that benefit our coun- Immediately before the Memorial I especially want to thank Senator try as we see best, and we ought to Day recess, there was an unsuccessful THUNE and the commerce committee, work together to accomplish that. attempt to put together a package to who assisted these efforts by providing There will be riders—provisions that possibly get the highway trust fund for the transfer of certain motor vehi- are offered that are included in an ap- through the rest of 2016. The agonizing cle safety penalties to the highway propriations bill—that I will disagree difficulty we faced at that time in trust fund. I also appreciate the work with, but the appropriations process dragging ourselves through another 18 done by the House Financial Services ought to work. As a member of the Ap- months gave us a desire to think bigger Committee and Congressman RANDY propriations Committee and as a Mem- than we had before. This is why I was NEUGEBAUER, chairman of the Sub- ber of the Senate, I want to see us get determined to help find a way out of committee on Financial Institutions back to the days in which the power of the cycle of short-term infrastructure and Consumer Credit. He was able to the legislative branch is able to be uti- bills and why I believed it was nec- identify a new and important offset for lized and we make certain that we essary for us to think outside of the the infrastructure bill, a feat which few

VerDate Sep 11 2014 02:54 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.059 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8228 CONGRESSIONAL RECORD — SENATE December 1, 2015 have been capable of. While, as is often ways, and roads for the next 5 years. tracted and we are not focusing on the case around here, some are very This marks a watershed moment for something that will come back and quick to throw out criticisms of indi- our transportation community, which bite us. vidual offsets and were less willing to will now have the security and sta- What do we do about that? I ask if we offer suggestions for suitable alter- bility they need to plan, implement, can do the first thing: Can we at least natives, Congressman NEUGEBAUER, in and complete critical infrastructure agree that this is a problem and that response to concerns about an item in projects. we should actually work to balance our the original offset package, came for- Of course, while we have crossed a budget? At least have that as the com- ward to produce a viable and scorable major hurdle today, our job is not yet mon ground that we can agree on in alternative that was able to garner bi- over. There is still one more vote to go, this body and say we need to get back partisan support and ultimately broad- and I am confident we will get there. to a balanced budget, and then we need en the overall support for this long- I look forward to continuing to work to begin to pay this down and start term deal. with my colleagues on both sides of the that process—to approach this issue in Back in July, when the Senate first aisle to complete our work and ensure a way that I think can develop real so- proposed a long-term bill, many said that a strong multiyear highway bill is lutions. We need to find common- we couldn’t do it without raising taxes. signed into law this year. I look for- ground areas, but first we need to begin When we passed our first bill, these ward to working with all of my col- with that one simple principle. same people claimed that it stood no leagues for whatever challenges lie Our office has come up with a list chance of passage in the House. Now, ahead. which we affectionally call the Federal just a few months later, both Chambers With that, I yield the floor. Fumbles List—100 ways the Federal are a few days away from considering The PRESIDING OFFICER (Mr. Government has dropped the ball. We the conference report built upon the GARDNER). The Senator from Okla- are identifying areas of waste, duplica- foundation laid by that same Senate homa. tion, and, quite frankly, regulations bill. f that are well outside the purview of the This legislation provides a longer ex- Federal Government, many of which GOVERNMENT SPENDING tension than the vaunted SAFETEA- slow down the economy and drive up LU extension, which many had long Mr. LANKFORD. Mr. President, when the costs to consumers. viewed as a model for a multiyear high- you are home and the television is on, These Federal fumbles are not an ex- way bill. In fact, you would need to go the phone starts to ring, your dog is at haustive list. This is not everything; back at least to the late 1990s—actu- the back door barking, and the kids This is just our list. We took some ally, to the early 1990s—to find a high- need help doing their homework, occa- from multiple agencies and entities. As way reauthorization of comparable du- sionally you can forget that dinner is we pulled this list together, we encour- ration. on the stove, but if you forget about it aged this. This is our to-do list. We en- As I said, this major bicameral suc- too long, your house will catch on fire, courage other offices to start their to- cess was unthinkable a few months and that is going to be a problem. You do list so at least we can have a com- ago. can get distracted by a lot of things mon-ground sense of, let’s get back to While I do acknowledge that we still and suddenly miss out on something a balance and work together to iden- face the problem of outlays from the that is very important. tify something within our own office to highway trust fund outpacing the dedi- Our Nation is dealing with a lot of find out ways we can deal with some cated revenues, this bill will give us a issues right now, such as terrorism, im- simple things, such as, how are we much needed 5-year break from the migration, banking issues, our econ- wasting taxpayer dollars? What pro- deadlines and cliffs that all too often omy, education, transportation, and I grams are ripe with fraud? What dupli- dictate how we deal with the highway do have a concern that we have forgot- cation and inefficiency is out there? trust fund. It is, quite simply, a great ten this year we still have $450 billion Where are we overregulating, which in example of what we can do when we in deficit and a total debt of $19 trillion turn raises the costs of goods and serv- work together. hanging over our heads. ices for consumers? And how does the I would like to briefly note that If we were in any State in America government actually have processes in these types of victories for good gov- and faced with that, the legislative place that deceive taxpayers and add ernment have been piling up all year branch would work, make hard deci- debt to their families? under the current Senate majority. sions, and then balance their budget. When we walked through this, we had We do need to start thinking now Every single State, at the end of the a common agreement on our team: We about more permanent solutions on legislative session, comes to a balanced are not just going to identify problems; highways, but once we pass this bill, budget, but we don’t. We just over- we are going to actually work together we will be in a better position than at spend, and it has happened consecu- to find a solution. Our issues and con- any time in nearly two decades to do tively so many times now, our debt has versations have been simple. If I am so. That, as they say, is nothing to built up to $19 trillion. I don’t have an back home in Oklahoma, I can sit in sneeze at. easy way to articulate $19 trillion of the coffeehouse with other folks eating Before I conclude, I wish to pay trib- debt, but let me give you a picture of breakfast and talk about all the prob- ute to Chairman INHOFE, Chairman that. Earlier this year we passed a 10- lems, but when I get back in this room, SHUSTER, and BARBARA BOXER and her year budget plan that would get rid of we can’t just complain about the Democratic counterpart in the House, our $450 billion of deficit and would issues, we have to fix those issues. who led a conference committee that slowly work down, within 10 years, That is our job. We spend a tremendous was able to sift through various issues back to a balance. Good. amount of time just complaining about and put together a very complex piece Let’s do a hypothetical. Let’s say we the issues as if fixing it comes from of legislation in a matter of just a few finish out that path, and we have to get somewhere else. weeks. These two chairmen deserve a back to a balance within 10 years, and So we take all 100 of these issues and lot of credit for their efforts, as do all then in year 11 we do very well and we say: Here is the problem, and here is the Members who took part in the con- have a $50 billion surplus. It is a good the solution we have proposed. If peo- ference. surplus. Here is my question: How ple have different ideas and different Today Congress is making headway many years in a row would we have to solutions, bring them, but let’s at least to implementing the longest highway have that $50 billion surplus before we agree that these things should be re- reauthorization bill in more than 15 paid off our debt? If you are doing the solved. Some of them are small, some years. We have heard time and again math in your head, the correct answer of them are large, but we simply asked that a long-term highway bill would is 460 years in a row. If we had a $50 bil- the question: How do we fix this? only be possible if we included a big tax lion surplus for 460 years in a row, we I have several things to say on that increase. Yet we have been able to defy could pay off our debt. That is not issue. One is that we have to fix our the odds and provide much needed going to happen, is it? We are in a bad budgeting process and the way we funding for America’s bridges, high- spot, and my fear is that we are dis- make decisions about it.

VerDate Sep 11 2014 02:54 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.061 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8229 We have these cute little terms in dark areas. I can tell anyone in this help us run that for a lot less than the our budgeting process, such as Chamber what bugs do if you turn on a price. CHIMPS, changes in mandatory pro- light in a rural area. They fly at the Mr. President, I ask unanimous con- grams. It is a cute term, but the prob- light. But we spent $65,000 trying to in- sent to extend my remarks for a couple lem is that adds $11 billion to the debt vestigate that. more moments. every year and everyone just pretends The VA in Arkansas installed solar The PRESIDING OFFICER. Is there that it is not there, that it is not real. panels to show that they have green objection? There is a fund called the Crime Vic- energy in this area. Many VA centers Without objection, it is so ordered. tims Fund. This fund is supposed to go around the country are doing this Mr. LANKFORD. Let me mention directly to what it says—to crime vic- project. The particular one in Arkansas just a couple more. I have a real concern that our Social tims—but it is actually not used for put them on in the wrong spot, relo- Security Administration is not sharing crime victims. cated them, and spent $8 million in what is called the death master file. Eleven billion dollars each year—in total just for the installation for their That may seem like a macabre com- fact, this is the same $11 billion that is solar panels. Any guess on how long ment, but what happens is, if we don’t used each year as an offset for addi- those solar panels will have to run con- share the death master file, then we tional spending, but the money never tinuously to before they pay off the literally don’t know in other agencies actually moves out of that account, it cost of installation? They will have to when to be able to pull a Social Secu- just stays there. We pretend we are run continuously for 40 years just to rity number off the record. The Social going to spend it and then actually pay for the cost of installation. That is Security Administration recognizes spend it somewhere else and then the not green energy, that is just waste. that someone has passed away, but the next year do the same thing again. It is How about a challenge like this. The IRS doesn’t, so that is still a live So- deceptive. We have to stop that. That Social Security Administration—the cial Security number to them, meaning adds deficit and debt onto families by a definition for Social Security dis- someone could get that Social Security deceptive tactic. ability is that you cannot work in any number, file, get a work permit, even We have a thing called the corporate job in the economy. You are only eligi- register and vote—all sorts of things payment shift. This one is fun as well. ble for Social Security disability if you can be done—under that number. The corporate payment shift assumes cannot work in any job in the econ- We have 6.5 million people, according that money is going to come in or be omy. But there are individuals who re- to our government, who are over 112 spent, and we have a 10-year budgeting ceive both Social Security disability, years old—6.5 million people. That is window and move it in the very last which by definition means you cannot quite a few. Actually, in the world, month to year 10 plus 1 month. We work, and unemployment insurance, there are less than 100, but according move it just slightly out of the budget which by definition means you are to our government we have 6.5 million window, but we say we are going to looking for a job. You should not be and those numbers are being abused. spend it and actually go ahead and able to get unemployment insurance I can’t even get into multiple issues, spend it anyway. If we had a budget and Social Security disability insur- but let me just mention one more on that was 10 years and 1 month, it would ance at the same time. They violate this list of waste. We identified what be out of balance, but if we put that the definitions between the two. Even many Americans already know. Social little corporate payment shift in there, the President of the United States Security numbers are being stolen and it looks fine on paper, but in reality it agrees with that. Yet we have not been used to file fraudulent tax forms. Many doesn’t work. So we identify that as able to get that done. That is a fumble. Americans in the coming months will one of the fumbles that we have as a As American taxpayers, we spent file their taxes only to get notification government. It is something that we $374,000 studying the dating habits of from the IRS that someone has already obviously have to fix. Basic oversight senior adults. Can someone help me un- filed under this number. It is infuri- will help that, but it is also this body derstand what the national security ating to them, and it is billions of dol- making a decision on how we are going implications are for that and why we lars of loss to the Federal taxpayer. to budget it. spent $374,000 studying the dating hab- The IRS knows how to fix this. We list We also walked through a lot of areas its of senior adults? out the solutions. We have to actually where we just identified things that We also created what is called the implement the fixes. We have to be the Federal Government spends money Ambassador Slush Fund. able to protect the taxpayer and to on that we thought were rather unique The Ambassador’s Cultural Fund protect individuals from identify theft. to spend money on and we thought may from the State Department, $5 mil- That is a fumble, but it is fixable and need some oversight. lion—almost $6 million—is designed to we need to do it. How about a $43 million natural gas be able to help us give away money to I haven’t even gotten into some sim- filling station built in Afghanistan? It do construction in other areas. ple things such as school lunches—ask cost $43 million for one natural gas fill- We have done projects like building a any teenager what they think of school ing station. Now that that station is in welcome grotto into a Buddhist temple lunches at this point with the new reg- place, it is not being used at all and it in China, which I find the ultimate ulations—or waters of the United is a $43 million waste. irony. If any church in America said we States and how even the Corps of Engi- How about the Academy Awards. It is wanted to be able to add on a welcome neers doesn’t want to implement the a pretty ritzy event. The Academy center onto our church, we would for- new EPA rule. The fiduciary standard Awards are choosing to build a $250 bid the use of taxpayer dollars for that, is causing chaos among retirees and in- million museum, and the Federal tax- but in China we literally borrowed dividuals wanting to get retirement ad- payers are kicking in $25,000 to that money from them, gave it to our State vice or rural banks in how they want to museum. Why in the world are we Department so they could build a wel- be able to give out loans for mortgages kicking in $25,000? Did we believe at come grotto into a Buddhist temple but can’t in many rural areas of Amer- some point that they couldn’t raise the back in China. I am not sure that is a ica. last $25,000, and so we had to kick in a great idea. There are solutions to these prob- Federal connection to it? I would dis- The State Department also has a lems, and it is our responsibility to be agree. Twitter account called able to work through the process to One of my favorites is the fact that ThinkAgainTurnAway. It is to discour- solve them. With $450 billion in deficit we just spent almost $50,000 to study age people from joining the jihadi spending and an economy that con- the history of tobacco use in Russia. I movement. Any guess on how much tinues to slow down, this body needs to am still looking for the national secu- Americans spend for a Twitter ac- determine what our job is and do it. It rity implications of why we just spent count? For that one Twitter account would be my encouragement in the $50,000 to study cigarette use in Russia. with 23,000 followers, we spent $5 mil- days ahead that we actually achieve The National Park Service spent lion—$5 million to maintain a Twitter that; that in the days ahead we speak $65,000 doing a study on what happens account. I am very confident there are of what we have solved for the Amer- to bugs when you turn on a light in multiple teenagers at home who could ican people rather than pretending, as

VerDate Sep 11 2014 02:54 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.063 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8230 CONGRESSIONAL RECORD — SENATE December 1, 2015 we are eating breakfast back home Yesterday I got this article from the If we spend all of this money, trim with some friends who are complaining journal Nature and read it myself. In our GDP by $154 billion a year, and ac- about the problems. It is time for us to their piece, Professors Victor and Ken- tually achieve this impractical 2 de- fix the problems. nel wrote: grees Celsius, where will humankind be I yield the floor. Politically and scientifically, the 2 degree then? How much will the sea level not The PRESIDING OFFICER. The Sen- Celsius goal is wrong-headed. . . . It has al- rise? No one can say. How much thick- ator from Mississippi. lowed some governments to pretend that er will the icecap be in the Arctic or they are taking serious action to mitigate f Antarctic? No one knows. How many global warming, when in reality they have coral reefs will be preserved? No one PARIS CLIMATE CHANGE achieved almost nothing. will even venture a guess. All of this to CONFERENCE This is one of the things I worry be done, all of this money to be spent, Mr. WICKER. Mr. President, policy- about. This is one of the things I fear and experts cannot say how much it from the Paris conference. The United makers from all over the world will be will help, if at all. meeting in Paris this week and next to States will agree to do a lot, costing Dr. Lomborg writes that the Paris address the issue of climate change. job growth here, and other countries agreements are ‘‘likely to see countries With much fanfare, they will purport will do almost nothing, as the profes- that have flourished with capitalism to reach an agreement that will pre- sors say. willingly compromising their future Victor and Kennel say that the 2009 vent the Earth’s ‘‘average global air prosperity in the name of climate and 2010 U.S. conferences in Copen- temperature’’ from rising more than 2 change.’’ Negotiators in Paris should hagen and Cancun officially adopted degrees Celsius. This 2-degree limit weigh the real-world costs against the this approach. They then conclude: will supposedly mean success for the negligible environmental impact when ‘‘There was little scientific basis for conference in Paris and success in the discussing emissions reductions. the 2 degrees Celsius figure that was battle against global warming, thus Finally, the Obama administration’s preventing catastrophic events from adopted.’’ Additionally, in an op-ed last month international promises should come occurring. for the Wall Street Journal, environ- back to the Senate for advice and con- So I come to the floor to call atten- mentalist Bjorn Lomborg cites his own sent of Congress. Under the Constitu- tion to several news articles pointing peer-reviewed study to show how the tion, the approval by two-thirds in the out problems with this approach, with most high-flown promises in Paris will Senate is needed to enter into a legally this 2-degree Celsius approach. The fail to make any substantial impact on binding treaty. I join many of my col- first is a front-page story from yester- climate change. leagues in urging the President to sub- day’s Wall Street Journal. I hold it in Even if every country fulfills every mit to Congress any agreement in my hand. It is titled ‘‘Climate Experts promise made in Paris over the next Paris with regard to U.S. emissions Question Temperature Benchmark.’’ decade and a half, according to Dr. targets and timetables or pledges that This is not an opinion piece, it is a Lomborg, the growth of global tem- appropriate taxpayer dollars. news article. The article points out peratures would be reduced by less Americans should have a say in the that the 2-degree target is both arbi- than .05 degrees Celsius, or five-hun- approval process. A recent FOX News trary and based on questionable re- dredths of a degree Celsius—by the end poll showed that only 3 percent of search. of the century, the year 2100. So is it 2 Americans believe that climate change The article quotes Mark Maslin, pro- degrees or is it less than five-hun- is the most important issue facing our fessor of climatology at the University dredths of a degree? And is 2 degrees country. College London, saying: sensible and rational? Not according to In conclusion, the President’s prom- It emerged from a political agenda, not a Professors Maslin, Victor, Kennel, and ises in Paris are not based on scientific scientific analysis. It’s not a sensible, ration- certainly not according to Dr. analysis, according to these professors, al target. Lomborg. but would certainly slow the economy, The article goes on to say that de- One more quote from Professors Vic- cost jobs, cost billions of dollars, divert spite assumptions by policymakers, the tor and Kennel. They point out one of money from real and pressing needs, 2-degree target does not express ‘‘a the major problems in the 2-degree Cel- and be of limited value. With so much solid scientific view.’’ Indeed, no report sius approach: ‘‘Failure to set scientif- at stake, these policies should come by the U.N. Intergovernmental Panel ically meaningful goals makes it hard back to Congress for debate, consulta- on Climate Change even mentions the for scientists and politicians to explain tion, and approval or disapproval. 2-degree limit. how big investments in climate produc- Thank you, Mr. President. Economics Professor William tion will deliver tangible results.’’ Mr. GRASSLEY addressed the Chair. Nordhaus appears to have been the Yes, what are the tangible results? The PRESIDING OFFICER. The Sen- first to use the 2-degree figure. The ar- What can we expect in tangible results ator from Iowa. ticle notes that his work ‘‘argued that from the agreements that will cer- Mr. WYDEN addressed the Chair. The PRESIDING OFFICER. The Sen- a rise of two or more degrees would put tainly come out of Paris? We will be $3 ator from Oregon. the earth’s climate outside the observ- billion poorer, that is for certain, be- Mr. WYDEN. Mr. President, I ask able range of temperature over the last cause the President has pledged $3 bil- unanimous consent that I follow Sen- several hundred thousand years.’’ I ask lion from taxpayers for the Green Cli- ator GRASSLEY after he has completed my colleagues how did they measure mate Fund. I would point out that $3 his remarks. air temperature 100,000 years ago, billion could be used for Alzheimer’s The PRESIDING OFFICER. Is there 200,000 years ago, as Professor research or malaria or malnutrition or objection? Nordhaus appears to have been con- any number of the other problems the Without objection, it is so ordered. cerned about. I would also point out to people of the world see as more impor- f my colleagues that being outside the tant than climate change. observable range is far different than Tangible results coming out of Paris: OBAMACARE being catastrophic. It is not the same Electricity bills will be higher. Lower Mr. GRASSLEY. Mr. President, I thing, but from that has evolved the 2- income Americans will be colder in come to the floor because we are dis- degree model. their own homes, our economy will cussing ObamaCare on the reconcili- This is not the first time the model have suffered, and job growth will have ation bill. Webster’s dictionary defines has been criticized. In October of last been slowed, perhaps by as much as the word ‘‘success’’ as the correct or year, David Victor and Charles Kennel $154 billion a year. That figure comes desired result of an attempt. So I want wrote about it in the journal Nature. from Stanford University analysts who to discuss the definition of the word Victor is a professor of international say that if we adopt the Obama admin- ‘‘success’’ as we consider repeal of relations at the University of Cali- istration’s proposal of cutting domestic ObamaCare. fornia San Diego and Kennel is a pro- carbon dioxide emissions by as much as On the day the bill was signed into fessor at the Scripps Institution of 28 percent, GDP will be reduced by $154 law, President Obama said the fol- Oceanography in La Jolla, CA. billion per year. lowing:

VerDate Sep 11 2014 03:55 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.064 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8231 Today we are affirming that essential My wife and I are both 60 years old, and money back when co-ops succeed. truth, a truth every generation is called to have been covered by an excellent Wellmark CMS’s stewardship of this program has rediscover for itself, that we are not a nation Blue Cross Blue Shield policy for several proven that CoOportunity was not an that scales back its aspirations. years. It is not through my employer. We se- exception but unfortunately the rule as Such grand words for where we are lected the plan because it had the features we wanted and needed . . . our choice. And more and more co-ops have failed. today with ObamaCare. Today the suc- because we are healthy, we have a preferred Americans deserve better. They cess of the law that now bears his premium rate. voted for better. It is time to admit name, ObamaCare, is defined in much Yesterday, we got a call from our agent ex- that ObamaCare has not achieved the more meager terms. Think of all we plaining that since our plan is not grand- correct or desired result of an attempt. have been through to this point: the fathered, it will need to be replaced by the It has not been a success by any meas- fight over the bill and the extreme leg- end of 2014. The current plan has a $5,000 de- ure, unless, of course, you lower your islative means used to pass it through ductible and the premium is $511 a month. standard to the point that the mere act The best option going forward for us from the Congress; the Supreme Court deci- Wellmark would cost $955 per month (a mod- of keeping the doors open is a success. sion that effectively repealed half of est 87 percent increase), and have a $10,000 How sad is that for all we have been the law’s coverage. Think of all the deductible. And because we have been dili- through. changes made to the law through regu- gent and responsible in saving for our up- Maybe, just maybe, it is time to lation to make sure ObamaCare actu- coming retirement, we do not qualify for any admit that the massive restructuring ally got launched—the postponing of taxpayer-funded subsidies. has failed. Partisanship has failed. Per- the employer mandate, the postponing These are just two of many letters, haps it is time to sit down and consider of lifetime limits. Think of the impact emails, and phone calls I have received commonsense, bipartisan steps that we this law has had on our economy—peo- from Iowans. could take to lower the cost and im- ple losing jobs, people losing the health Now the issue has turned to cost. prove quality. Perhaps we could enact insurance they currently have because Millions of people face rising pre- alternative reforms aimed at solving if you like what you have, you may not miums. The impact is real and undeni- America’s biggest health care prob- be able to keep it. able. lems, reforms like revising the Tax Let’s talk about that for a moment. Here is another from a constituent Code to help individuals who buy their ‘‘If you like what you have, you can from Des Moines: own health insurance, allowing people keep it.’’ This was the promise the In 2013, I encountered some medical prob- to purchase health coverage across President made to the American people lems which caused me to retire early. My State lines and form risk pools in the on at least 36 separate occasions. It is spouse works as an adjunct instructor . . . individual market, expanding tax-free thus not qualifying for coverage. In 2014, a great sound bite. It is easy to say. It health savings accounts, making with 4 part-time jobs between us, we made health care price and quality informa- rolls off the tongue. It is also not true. $44,289 in Adjusted Gross Income. It was never true. It obviously was not Our Obamacare insurance cost $968 per tion more transparent, cracking down true when the law was written. It was month and after credits, we paid $478 per on frivolous medical malpractice law- obviously not true when the first pro- month or approximately 13 percent of our suits, using high-risk pools to insure posed regulation came out. Adjusted Gross Income. In 2015, our Adjusted folks with preexisting conditions, giv- This is what I said on the Senate Gross Income will be approximately the ing States more freedom to improve same, however our Obamacare insurance floor in September of 2010: Medicaid, and using provider competi- jumped to a premium of $1,028.82 and our tion and consumer choice to bring Only in the District of Columbia could you cost to $590.12. get away with telling the people ‘‘if you like The insurance company touted that pre- down costs in Medicare and throughout what you have, you can keep it,’’ and then miums went up less than 10 percent, but as the health care delivery system. pass regulations 6 months later that do just you can see, my costs went up 23 percent. The American people need to know the opposite, and figure that people are The impact to Adjusted Gross Income went that this failed program is not the only going to ignore it. to 16 percent, a 23 percent increase. I just re- answer and we are not scaling back our It is not that I have some magic crys- ceived my 2016 premium estimate. Our Ad- aspirations. With this vote this week, tal ball. We all knew it. The adminis- justed Gross Income is likely to be the same. we once again demonstrate to the Our gross premium is scheduled to rise 36 tration certainly knew the day would American people our willingness to not percent to nearly $1,400; our cost after the accept failure and to aim for better. come when millions of people would re- credit is jumping 63 percent and the impact ceive cancellation notices. My con- to our Adjusted Gross Income is that 25 per- That is what America is all about. stituents clearly know that. I heard cent of our income will be spent on health I yield the floor. from many Iowans who found out the insurance (a 56 percent increase). f hard way that the President made a Thousands of Iowans have contacted EXTENSION OF MORNING bunch of pie-in-the-sky promises that me asking what can be done. Now that BUSINESS he knew he couldn’t keep; constituents we clearly see that what the President Mr. GRASSLEY. Mr. President, I ask such as this one from Perry, IA, who sold the American people was a bag of unanimous consent that morning busi- wrote to me saying: Washington’s best gift-wrapped hot air. ness be extended until 7 p.m., with Sen- My husband and I are farmers. For nine All the grandiose talk about the impor- ators permitted to speak for up to 10 years now we have bought our own policy. To tance of this statute, and what we ulti- minutes each. keep the cost affordable our plan is a major mately have is an optional Medicaid medical plan with a very high deductible. We The PRESIDING OFFICER. Without expansion with a glorified high-risk objection, it is so ordered. recently received a letter that our plan was pool and a government portal that going away. Effective January 1, 2014, it will Mr. GRASSLEY. I yield the floor. be updated to comply with the mandates of makes DMV look efficient. The PRESIDING OFFICER. The Sen- ObamaCare. Finally, I would be remiss if I didn’t ator from Oregon. To manage the risks of much higher pre- mention the co-op disaster. The first f miums, our insurance company is asking us co-op to fall was Iowa’s CoOportunity. to cancel our current policy and sign on at a CoOportunity enrolled the second most RECONCILIATION LEGISLATION higher rate effective December 31, 2013 or we beneficiaries of any co-op in America. Mr. WYDEN. Mr. President, with so could go to the government exchange. CoOportunity knew they were in trou- many issues to wrap up before the end We did not get to keep our current policy. ble because they enrolled more than of this year and so many enormous We did not get to keep our lower rates. I now 100,000 people when they were planning challenges facing our country, my view have to pay for coverage that I do not want or will never use. We are not low income for less than 20,000. CoOportunity was is the Senate ought to be embracing bi- that might qualify for assistance. in contact with CMS and so was the partisanship at every turn. In fact, ear- We are the small business owner that is State of Iowa. CMS chose not to fur- lier today the senior Senator from trying to live the American dream. I do not ther fund CoOportunity and Iowa and I released an 18-month bipar- believe in large government that wants to CoOportunity has since been liq- tisan inquiry into Solvaldi, which is run my life. uidated. American taxpayers have bil- the blockbuster drug to deal with hepa- From a constituent living in Mason lions of dollars invested in these co- titis C, and the reason we did is be- City: ops. The taxpayer only gets their cause these specialty drugs are the

VerDate Sep 11 2014 02:54 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.065 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8232 CONGRESSIONAL RECORD — SENATE December 1, 2015 drugs of the future for cancer, Alz- This seems to be the latest offering insured Americans by 14 million, this heimer’s, diabetes, and defeating hepa- in what amounts to an ongoing, coordi- bill doesn’t even manage to repeal the titis C if people can afford them. Using nated campaign to regrettably under- Affordable Care Act fully. That is be- the company’s own documents, there mine the fundamental rights of all cause of the reconciliation process, be- were real questions about whether ac- women in our country to make their cause of the way it works, which brings cess and affordability were just kind of own reproductive choices and attain af- me to the final issue I wish to raise an oversight because all they truly fordable, high-quality health care. today. cared about was maximizing revenue. A When you wipe out Planned Parent- Reconciliation is a sharp departure Republican, a senior Member of this hood’s funding, you dramatically and from the usual procedure for Senate de- body, a good friend of mine, and I as a painfully reduce women’s access to bate. Usually bills being considered on Democrat came together because we services that have absolutely nothing the Senate floor are subject to an un- thought this question of making sure to do with abortion. And I want to re- limited debate and unlimited amend- the public can get access to break- peat that; I have done that on this ment. Further, it typically takes 60 through cures and that they be afford- floor before. What I have talked about votes to pass a bill, assuring that there able was something that would require are all those important services: cancer is at least some measure of bipartisan bipartisan effort. I am very proud that screenings, gone; vaccinations, gone; support. These regular-order proce- the senior Senator from Iowa and I basic physical exams, gone; treatment dures give the Senate its unique char- joined in that effort earlier today. for chronic conditions, gone; pediatric acter. The reconciliation procedure is We ought to be embracing bipartisan- care, gone. The list goes on and on and an exception to this usual approach. ship. I come tonight to unfortunately has absolutely nothing to do with abor- Reconciliation imposes tight limits on talk about this reconciliation legisla- tion. So I hope that this campaign debate and on amendments, and it al- tion because I think it is the antithesis against women’s health will come to an lows a vote of a bare majority of Sen- of what Chairman GRASSLEY and I end. ators—51—to pass a bill. The reconcili- sought to do earlier today, which was The second objection I want to touch ation procedure originally was created to take a bipartisan approach. The rec- on tonight is the harm the bill threat- to facilitate the passage of budget-re- onciliation legislation in my view is a ens to do to millions of vulnerable lated bills which can be particularly rejection of bipartisanship. It is a re- Americans by repealing as much of the important and particularly hard to jection of bipartisanship because it Affordable Care Act, frankly, as Senate pass. But reconciliation shouldn’t be a would, for example, undermine wom- procedure would allow. Based on the free pass that allows the majority to en’s health, it would mean millions reports of the bill’s contents, this is pass anything it wants on a fast track. more Americans go without insurance, what is at stake. According to the non- That would undermine the funda- and it puts at risk our ability to have partisan experts at the Congressional mental character of the Senate. affordable health insurance premiums. Budget Office, this proposal would I am concerned that the reconcili- I think it is going to drive up these mean 14 million more Americans would ation process is being misused here. health insurance premiums. go without health insurance. For peo- Everybody in the Chamber knows what So I am going to just spend a few ple who shop for their own private in- is happening. This bill is not designed minutes tonight talking about why I surance coverage, premiums would in- to address budget-related issues; it is object to this legislation and again crease by 20 percent. That is poten- all about repealing the Affordable Care why it really is the antithesis of the tially hundreds or thousands of dollars Act to the maximum extent possible. kind of bipartisanship that we need. taken out of families’ pockets. Emer- Repeatedly, the bill’s advocates have My first concern is that the Senate is gency rooms would once again be the proposed to repeal ObamaCare—to dis- looking once again at a plan that fallback for people without a doctor. mantle ObamaCare. would wreak havoc on women’s health Typical Americans with insurance A few weeks ago, the Parliamen- in our country by denying the funding would once again have to pay the hid- tarian advised that the reconciliation for Planned Parenthood. It is impor- den tax of higher premiums to cover process could not be used to repeal the tant to recognize the horrific act of the costs of those without coverage. individual and employer mandates. The gun violence that happened at a Colo- There have been more than 50 votes Parliamentarian said that would vio- rado Planned Parenthood clinic last to repeal or undermine the Affordable late what is known as the Byrd rule week. It was another in a long stream Care Act, and there is still no viable against extraneous amendments be- of tragedies that have taken place plan to replace it. As a Member of Con- cause the budgetary effects of the pro- across the Nation, including one in my gress, you can object to a law and want vision would be dwarfed by the health home State in Roseburg, OR, in Octo- to make changes, but America cannot policy effects. ber. This time it marked an attack on and will not go back to the days when In response, the majority has pro- the public and women’s health. health care was reserved for the posed to formally retain the mandates Millions of women have sought rou- healthy and the wealthy. That is what but to completely repeal the penalties tine, medical care in Planned Parent- this plan does. enforcing them. That is not a straight- hood clinics just like the one in Colo- Before I came to Congress, I was co- forward way to legislate. It is a very rado. More than 70,000 Oregonians are director of the senior citizens group, cynical approach, and that is not this served by the 11 Planned Parenthood the Gray Panthers, and I remember Senate at its best. centers in my home State. what health care was like in those The complete elimination of all pen- The bottom line is that Planned Par- days. In effect, the system truly did alties is tantamount to repeal of the enthood is a bedrock institution for work for people who were healthy and mandates. A mandate without an en- women’s health care in America. In my wealthy. If you were healthy, you forcement system is not a legal re- view it is wrong to bring such a mis- didn’t have any preconditions. You quirement; it is a mere recommenda- guided, controversial proposal before didn’t have any of these pre-existing tion. It is like having speed limits but this body in the wake of the horrible, conditions. If you were wealthy, you not fines for violating. By deleting the tragic events in Colorado. could just pay the bill, but it was care penalties, the proposal fundamentally These are the services Planned Par- that worked for the healthy and the alters the character and operation of enthood offers that would be at risk of wealthy. the law. disappearing with this reconciliation Yet with the Affordable Care Act, Finally, I think this would set a very proposal: pregnancy tests, birth con- that changed. Unfortunately, what this dangerous precedent for this body. trol, prenatal services, HIV tests, can- destructive reconciliation bill would do These penalties can be eliminated in a cer screenings, vaccinations, testing would be to take us back to those days reconciliation bill. The door is going to and treatment for sexually transmitted when health care was reserved for the be open to all kinds of proposals to infections, basic physical examina- healthy and the wealthy. strip away penalties in a future rec- tions, treatment for chronic condi- The fact is, despite raising costs for onciliation bill. For example, you tions, pediatric care, adoption refer- families, causing turmoil in insurance could keep an environmental law on rals, nutrition programs, and more. markets, and raising the number of un- the books, but you could just say: Let’s

VerDate Sep 11 2014 02:54 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.068 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8233 strip away the penalties for violating. RESTORING AMERICANS’ (iii) provides for abortions, other than an That would allow a majority to fun- HEALTHCARE FREEDOM REC- abortion— damentally undermine a nonbudgetary ONCILIATION ACT OF 2015 (I) if the pregnancy is the result of an act of rape or incest; or law in a reconciliation bill. The PRESIDING OFFICER. The (II) in the case where a woman suffers from I have enormous respect for the Par- clerk will report the motion. a physical disorder, physical injury, or phys- liamentarian and her staff. They work The senior assistant legislative clerk ical illness that would, as certified by a phy- diligently to serve the Senate, and read as follows: sician, place the woman in danger of death unless an abortion is performed, including a they have to make some tough calls. I Motion to proceed to Calendar No. 299, life-endangering physical condition caused will say that this one leaves me dis- H.R. 3762, a bill to provide for reconciliation by or arising from the pregnancy itself; and appointed and perplexed. pursuant to section 2002 of the concurrent (B) for which the total amount of Federal With so many issues—as I touched on resolution on the budget for fiscal year 2016. and State expenditures under the Medicaid earlier—I would hope that the Senate The PRESIDING OFFICER. The mo- program under title XIX of the Social Secu- would spend more time doing what tion is not debatable. rity Act in fiscal year 2014 made directly to Chairman GRASSLEY and I did some- The question occurs on agreeing to the entity and to any affiliates, subsidiaries, where in the vicinity of 9 hours or 10 the motion. successors, or clinics of the entity, or made hours ago. We said there was an impor- The motion was agreed to. to the entity and to any affiliates, subsidi- tant issue. It happened to be a health The PRESIDING OFFICER. The aries, successors, or clinics of the entity as care issue as well—prescription drugs. clerk will report the bill. part of a nationwide health care provider We spent 18 months with our very dedi- network, exceeded $350,000,000. The senior assistant legislative clerk (2) DIRECT SPENDING.—The term ‘‘direct cated staffs, Democrats and Repub- read as follows: spending’’ has the meaning given that term licans working together, to try to find A bill (H.R. 3762) to provide for reconcili- under section 250(c) of the Balanced Budget some common ground. It is a hugely ation pursuant to section 2002 of the concur- and Emergency Deficit Control Act of 1985 (2 important issue, important to the peo- rent resolution on the budget for fiscal year U.S.C. 900(c)). ple of Colorado, Oregon, and every- 2016. SEC. 102. INDIVIDUAL MANDATE. where else. In effect, we said it was im- AMENDMENT NO. 2874 (a) IN GENERAL.—Section 5000A(c) of the In- portant because it was about the fu- Mr. MCCONNELL. Mr. President, I ternal Revenue Code of 1986 is amended— ture. The drugs of the future are going send a substitute amendment to the (1) in paragraph (2)(B) by striking clauses (ii) and (iii) and inserting the following: to be specialty drugs, exciting drugs desk. ‘‘(ii) Zero percent for taxable years begin- with the opportunity for real cures. The PRESIDING OFFICER. The ning after 2014.’’, and People are going to have to be able to clerk will report. (2) in paragraph (3)— afford them, and using the companies’ The senior assistant legislative clerk (A) by striking ‘‘$695’’ in subparagraph (A) own documents, this morning Chair- read as follows: and inserting ‘‘$0’’, man GRASSLEY and I pointed out how The Senator from Kentucky [Mr. MCCON- (B) by striking ‘‘and $325 for 2015’’ in sub- affordability and accessibility weren’t NELL] proposes an amendment numbered paragraph (B), and actually the issue; the issue was maxi- 2874. (C) by striking subparagraph (D). (b) EFFECTIVE DATE.—The amendments mizing revenue. Mr. MCCONNELL. I ask unanimous made by this section shall apply to months But most important—whether you consent that the reading of the amend- beginning after December 31, 2014. agree with the two of us or not—it was ment be dispensed with. SEC. 103. EMPLOYER MANDATE. bipartisan. It was Democrats and Re- The PRESIDING OFFICER. Without (a) LARGE EMPLOYERS NOT OFFERING publicans coming together on a hugely objection, it is so ordered. HEALTH COVERAGE.—Paragraph (1) of section important issue. The amendment is as follows: 4980H(c) of the Internal Revenue Code of 1986 This reconciliation proposal we will is amended by inserting ‘‘($0 in the case of (Purpose: In the nature of a substitute) months beginning after December 31, 2014)’’ deal with on the floor of this Senate is Strike all after the enacting clause and in- after ‘‘$2,000’’. a rejection of the kind of bipartisan- sert the following: (b) LARGE EMPLOYERS OFFERING COVERAGE ship that I was part of something like TITLE I—FINANCE WITH EMPLOYEES WHO QUALIFY FOR PREMIUM 8 hours or 10 hours ago. It is part of TAX CREDITS OR COST-SHARING REDUCTIONS.— SEC. 101. FEDERAL PAYMENT TO STATES. Paragraph (1) of section 4980H(b) of the Inter- what I believe the Senate is all about— (a) IN GENERAL.—Notwithstanding section what the Senate is at its best—as an nal Revenue Code of 1986 is amended by in- 504(a), 1902(a)(23), 1903(a), 2002, 2005(a)(4), serting ‘‘($0 in the case of months beginning institution that functions in a bipar- 2102(a)(7), or 2105(a)(1) of the Social Security after December 31, 2014)’’ after ‘‘$3,000’’. tisan way. That is why I felt compelled Act (42 U.S.C. 704(a), 1396a(a)(23), 1396b(a), (c) EFFECTIVE DATE.—The amendments to come to the floor tonight and lay 1397a, 1397d(a)(4), 1397bb(a)(7), 1397ee(a)(1)), or made by this section shall apply to months out my concerns about a very trou- the terms of any Medicaid waiver in effect on beginning after December 31, 2014. bling precedent, and that is the one the date of enactment of this Act that is ap- SEC. 104. REPEAL OF MEDICAL DEVICE EXCISE that is being set with the reconcili- proved under section 1115 or 1915 of the So- TAX. cial Security Act (42 U.S.C. 1315, 1396n), for (a) IN GENERAL.—Chapter 32 of the Internal ation bill. the 1-year period beginning on the date of Revenue Code of 1986 is amended by striking With that, I yield the floor. enactment of this Act, no Federal funds pro- subchapter E I suggest the absence of a quorum. vided from a program referred to in this sub- (b) EFFECTIVE DATE.—The amendment The PRESIDING OFFICER. The section that is considered direct spending for made by this section shall apply to sales in clerk will call the roll. any year may be made available to a State calendar quarters beginning after the date of The senior assistant legislative clerk for payments to a prohibited entity, whether the enactment of this Act. proceeded to call the roll. made directly to the prohibited entity or SEC. 105. REPEAL OF THE TAX ON EMPLOYEE through a managed care organization under HEALTH INSURANCE PREMIUMS Mr. MCCONNELL. Mr. President, I contract with the State. AND HEALTH PLAN BENEFITS. (a) EXCISE TAX.—Chapter 43 of the Internal ask unanimous consent that the order (b) DEFINITIONS.—In this section: Revenue Code of 1986 is amended by striking for the quorum call be rescinded. (1) PROHIBITED ENTITY.—The term ‘‘prohib- section 4980I. The PRESIDING OFFICER (Mr. ited entity’’ means an entity, including its (b) EFFECTIVE DATE.—The amendment DAINES). Without objection, it is so or- affiliates, subsidiaries, successors, and clin- made by subsection (a) shall apply to taxable dered. ics— years beginning after December 31, 2017. Mr. MCCONNELL. Mr. President, I (A) that, as of the date of enactment of (c) REINSTATEMENT.—The amendment move to proceed to Calendar No. 299, this Act— made by subsection (a) shall not apply to H.R. 3762. (i) is an organization described in section taxable years beginning after December 31, 501(c)(3) of the Internal Revenue Code of 1986 2024, and chapter 43 of the Internal Revenue and exempt from tax under section 501(a) of Code of 1986 is amended to read as such chap- f such Code; ter would read if such subsection had never (ii) is an essential community provider de- been enacted. CONCLUSION OF MORNING scribed in section 156.235 of title 45, Code of SEC. 106. RECAPTURE OF EXCESS ADVANCE PAY- BUSINESS Federal Regulations (as in effect on the date MENTS OF PREMIUM TAX CREDITS. of enactment of this Act), that is primarily (a) IN GENERAL.—Paragraph (2) of section The PRESIDING OFFICER. Morning engaged in family planning services, repro- 36B(f) of the Internal Revenue Code of 1986 is business is closed. ductive health, and related medical care; and amended by striking subparagraph (B).

VerDate Sep 11 2014 03:55 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.070 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8234 CONGRESSIONAL RECORD — SENATE December 1, 2015 (b) EFFECTIVE DATE.—The amendment served as a history instructor, an ar- been rumors out there,’’ Owen, D–8th Dis- made by this section shall apply to taxable chivist, and a community relations as- trict, said. ‘‘Once I got closer to pushing the years ending after December 31, 2015. sociate at the University of Louisville send button the more hesitant I became.’’ Owen, a former council president, was first TITLE II—HEALTH, EDUCATION, LABOR since 1968. His knowledge of the city of AND PENSIONS elected to the old board in 1989 when he de- Louisville is vast, and he frequently feated incumbent Alderwoman Linda Solley SEC. 201. REPEAL OF THE PREVENTION AND PUB- speaks on local television and radio in the Democratic primary. In that cam- LIC HEALTH FUND. about Louisville history. He also leads paign, Owen ran on his credentials as a local (a) IN GENERAL.—Section 4002(b) of the Pa- historian, saying at the time he was the tient Protection and Affordable Care Act (42 walking tours of historic Louisville ‘‘only candidate who knows the city of Lou- U.S.C. 300u–11(b)) is amended— and famous city landmarks and makes videos of these walking tours available isville edge to edge and has a vision of the (1) in paragraph (2), by striking ‘‘2017’’ and whole city’s history and needs.’’ inserting ‘‘2015’’; and to the public. Among those needs in 1989, Owen said, was (2) by striking paragraphs (3) through (5). Tom earned his Ph.D. in American a trolley service for the Bardstown Road cor- (b) RESCISSION OF UNOBLIGATED FUNDS.—Of history from the University of Ken- ridor, safer pedestrian traffic and a citywide the funds made available by such section tucky, a master’s in history from the paper recycling program. He was the only 4002, the unobligated balance is rescinded. University of Louisville, a bachelor of challenger to beat an incumbent in the nine SEC. 202. FUNDING FOR COMMUNITY HEALTH divinity from Methodist Theological board primary races that year. CENTER PROGRAM. School in Ohio, and a bachelor’s degree ‘‘I love being involved and I’m honored as Effective as if included in the enactment of from Kentucky Wesleyan. He is an a historian to think I have shaped the des- the Medicare Access and CHIP Reauthoriza- tiny of Louisville even one percent,’’ Owen tion Act of 2015 (Public Law 114–10, 129 Stat. elder at Highland Presbyterian Church, said Wednesday. 87), paragraph (1) of section 221(a) of such and of his many hobbies, I know he en- In a statement, Mayor Greg Fischer said, Act is amended by inserting after ‘‘Section joys bicycling and commuting by bicy- Owen ‘‘has long been the city’s unofficial 10503(b)(1)(E) of the Patient Protection and cle, as he has championed bicycle com- city historian, quite literally a walking en- Affordable Care Act (42 U.S.C. 254b–2(b)(1)(E)) muting as one his causes on the metro cyclopedia of Louisville history.’’ is amended’’ the following: ‘‘by striking council. Former Councilwoman Tina Ward-Pugh, ‘$3,600,000,000’ and inserting ‘$3,835,000,000’ Tom has been awarded the Distin- who also served with Owen on the Board of and’’. Aldermen for four years, said the two were guished Service Award from the Louis- Mr. MCCONNELL. Mr. President, I political soulmates on a number of issues ville Historical League, the Out- ask unanimous consent that the con- such as the environment, transportation and standing University of Louisville Em- sideration of H.R. 3762 now be for de- gay rights. She said Owen’s departure will ployee Award, an honorary member- create a ‘‘vast cavern of institutional knowl- bate only during today’s session of the ship in the Kentucky Chapter of the edge’’ for the council. Senate. ‘‘Tom and I were virtually joined at the The PRESIDING OFFICER. Without America Institute of Architects, and a Patron Service Award at the Univer- hip on many progressive and social justice objection, it is so ordered. issues over the years,’’ Ward-Pugh said. ‘‘I sity of Louisville libraries. As all these Mr. MCCONNELL. Mr. President, the probably pushed him a little more than he Senate is now considering the House- awards make clear, Tom is widely re- was comfortable and he held my hand when passed Restoring Americans’ spected as Louisville’s unofficial histo- I was headed out a little too far, so we bal- rian, and his absence from city govern- anced each other.’’ Healthcare Freedom Reconciliation Owen ran for mayor in the 1998 Democratic Act of 2015. We finally have a chance to ment will be felt deeply. Tom and I don’t always see eye to primary where he came just shy of beating vote to end ObamaCare’s cycle of bro- eye on every issue, but I have great re- Dave Armstrong, who went on to be the last ken promises and failures with a sim- spect for Tom as a legislator, as an ad- mayor of the old city. ple majority vote. I look forward to The newspaper archives show Owen was vocate for the citizens of the 8th dis- completing action on this bill this one of the early supporters of a Fairness law trict, and as someone who set out to week. when the city was first debating adopting an make a difference for all the citizens of anti-discrimination legislation to protect f Louisville. Our shared hometown is gay, lesbian, bisexual and transgendered in- MORNING BUSINESS better off thanks to Tom’s many years dividuals in housing and other public accom- of service. I wish him well in retire- modations. Today, Owen is most associated ment, and I am sure his wife, Phyllis, with his push for better public transpor- TRIBUTE TO TOM OWEN tation and bicycle advocacy, and he has and his children and grandchildren will championed the city adding more bike lanes Mr. MCCONNELL. Mr. President, re- be glad to spend more time with him. I to major thoroughfares. spected public servant and renowned wish my friend, Tom, all the best in As a UofL professor of libraries since 1975, historian Tom Owen has announced whatever exciting endeavors await him colleagues say Owen was always able to put that he will be retiring from the Louis- after his time in office draws to a close. the council’s current actions in a historical ville Metro Council after next year. The Louisville Courier-Journal pub- context. lished an article detailing Tom’s career ‘‘Tom’s a person I always go to for that in- Tom is a friend of mine, and I want to formation, so I hope he keeps his same phone take this opportunity to express my and decision to retire. I ask unanimous number,’’ Councilman David James, D–6th, gratitude for his many years of public consent that the article be printed in said. service. His deep knowledge of Louis- the RECORD. ‘‘Tom has institutional knowledge, he has ville’s past and his great passion to There being no objection, the mate- brains, he is thoughtful and I have thor- shape our city’s future will be greatly rial was ordered to be printed in the oughly enjoyed working with him,’’ said missed and impossible to replace. RECORD, as follows: Councilman Kelly Downard, R–16th, who is also retiring after this year. ‘‘The council is Tom is one of the original members [From the Louisville Courier-Journal, Nov. 25, 2015] going to miss him heavily, and boy, there’s of the metro council, having served going to be a hole.’’ since that body’s inception in 2002. In HIGHLANDS COUNCILMAN TOM OWEN RETIRING Only half of the Metro Council’s 26 mem- 2010 he served as metro council presi- (By Phillip M. Bailey) bers are from the original class who were dent. Tom previously served on the old Longtime Metro Councilman Tom Owen elected when city and county governments Louisville Board of Aldermen from 1990 announced Wednesday he will not seek re- merged in 2002. to 1998. election next year, opening up a possible av- Owen said he doesn’t want to look back on alanche of candidates who will run for his his career just yet and has a lot more he’d Tom represents district 8, which in- seat representing much of the Highlands like to accomplish in his last year, but he cludes most of the Highlands neighbor- neighborhood. said there are plenty of talented people who hood. I should mention here that Tom Owen, 76, who is an archivist at the Univer- can represent the district. is not only my friend but also my coun- sity of Louisville, has served on the council William Corey Nett, a member of the Tyler cilman. He is currently the chair of the since 2003 and was a member of the old Board Park Neighborhood Association, filed as a committee on sustainability and a of Aldermen before that. He told The Cou- Democratic candidate this month. It is ex- member of the committees on public rier-Journal last week he was still delib- pected that several more contenders will erating on retirement, but said after careful jump in the race to represent the district, works, bridges and transportation and and lengthy consideration that now is the which encompasses most of the Highlands planning, and zoning and land design. time to step away. neighborhood. Tom is also a full professor at the ‘‘I had been mulling on this decision for a The deadline for candidates to run for University of Louisville; and he has good two months and that’s why there had Metro Council is Jan. 26.

VerDate Sep 11 2014 03:45 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A01DE6.024 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8235 RECOGNIZING PAST CRIMES the Indonesian Government to ac- that victims’ families should be monitored AGAINST HUMANITY IN INDONESIA knowledge the massacres and establish for disloyalty. This official history, in effect, a credible truth and justice mecha- legitimizes violence against a whole segment Mr. LEAHY. Mr. President, the re- of society. alignment toward Asia has focused our nism. The purpose of such intimidation is to cre- attention on partnerships with coun- I ask unanimous consent that a ate a climate of fear in which corruption and tries in the region. We share political, poignant opinion piece on this subject plunder go unchallenged. Inevitably in such economic, security, and humanitarian that was published in the New Yorker an atmosphere, human rights violations have interests, creating complex and multi- on September 29, 2015, be printed in the continued since 1965, including the 1975–1999 occupation of East Timor, where enforced dimensional relationships. But our RECORD. There being no objection, the mate- starvation contributed to the killing of near- commitment to the protection and pro- ly a third of the population, as well as tor- motion of human rights must continue rial was ordered to be printed in the ture and extrajudicial killing that go on in to be a foundation for our relations RECORD, as follows: West Papua today. with these countries, as with others [From the New Yorker, Sept. 29, 2015] Military rule in Indonesia formally ended around the world. We must continue to SUHARTO’S PURGE, INDONESIA’S SILENCE in 1998, but the army remains above the law. If a general orders an entire village mas- advocate for open societies where dia- (By Joshua Oppenheimer) sacred, he cannot be tried in civilian courts. logue and dissent are encouraged and This week marks the 50th anniversary of The only way he could face justice is if the where security forces are professional the beginning of a mass slaughter in Indo- army itself convenes a military tribunal, or and accountable. At the same time, we nesia. With American support, more than if Parliament establishes a special human cannot ignore history. 500,000 people were murdered by the Indo- rights court—something it has never done Fifty years ago, under the guise of a nesian Army and its civilian death squads. fairly and effectively. With the military not state-sanctioned Communist purge, At least 750,000 more were tortured and sent subject to law, a shadow state of hundreds of thousands of Indonesian to concentration camps, many for decades. paramilitaries and intelligence agencies has men, women, and children were mur- The victims were accused of being ‘‘com- formed around it. This shadow state con- munists,’’ an umbrella that included not dered. Many more were rounded up and tinues to intimidate the public into silence only members of the legally registered Com- while, together with its business partners, it led to concentration camps where they munist Party, but all likely opponents of loots the national wealth. were imprisoned, and many were tor- Suharto’s new military regime—from union Indonesia can hold regular elections, but if tured by the security forces of a dic- members and women’s rights activists to the laws do not apply to the most powerful tatorial and brutal regime that had the teachers and the ethnic Chinese. Unlike in elements in society, then there is no rule of backing of the United States. It has Germany, Rwanda or Cambodia, there have law, and no genuine democracy. The country been widely recognized as one of the been no trials, no truth-and-reconciliation will never become a true democracy until it worst mass atrocities of the 20th cen- commissions, no memorials to the victims. takes serious steps to end impunity. An es- Instead, many perpetrators still hold power sential start is a process of truth, reconcili- tury, but efforts to establish a truth throughout the country. ation and justice. and reconciliation commission to come Indonesia is the world’s fourth most popu- This may still be possible. The Indonesian to terms with these crimes have stalled lous nation, and if it is to become the democ- media, which used to shy from discussing the at every turn. The atrocities are still racy it claims to be, this impunity must end. genocide, now refers to the killings as crimes not recognized or discussed by the In- The anniversary is a moment for the United against humanity, and grassroots activism donesian Government, and the per- States to support Indonesia’s democratic has taken hold. The current president, Joko Widodo, indicated he would address the 1965 petrators were long celebrated as he- transition by acknowledging the 1965 geno- cide, and encouraging a process of truth, rec- massacre, but he has not established a truth roes for their actions. commission, issued a national apology, or The United States should lead by ex- onciliation and justice. On Oct. 1, 1965, six army generals in Ja- taken any other steps to end the military’s ample in acknowledging this tragic karta were killed by a group of disaffected impunity. history and reaffirm that human rights junior officers. Maj. Gen. Suharto assumed We need truth and accountability from the are at the forefront of our strategic re- command of the armed forces, blamed the United States as well. U.S. involvement lationships in Indonesia and beyond. As killings on the leftists, and set in motion a dates at least to an April 1962 meeting be- the most senior member of the Appro- killing machine. Millions of people associ- tween American and British officials result- ated with left-leaning organizations were ing in the decision to ‘‘liquidate’’ President priations Committee, I have supported Sukarno, the populist—but not communist— conditions on foreign assistance, in- targeted, and the nation dissolved into ter- ror—people even stopped eating fish for fear founding father of Indonesia. As a founder of cluding requiring recipient countries the nonaligned movement, Sukarno favored that fish were eating corpses. Suharto socialist policies; Washington wanted to re- to protect freedoms of expression and usurped President Sukarno’s authority and place him with someone more deferential to association, respect the rule of law and established himself as de facto president by due process, reform their judicial sys- Western strategic and commercial interests. March 1966. From the very beginning, he en- The United States conducted covert oper- tems and security forces, and strength- joyed the full support of the United States. ations to destabilize Sukarno and strengthen en other key elements of a democratic I’ve spent 12 years investigating the ter- the military. Then, when genocide broke out, society. rible legacy of the genocide, creating two America provided equipment, weapons and Through the ‘‘Leahy Law,’’ I have documentary films, ‘‘The Act of Killing’’ in money. The United States compiled lists sought to encourage reform of Indo- 2013 and ‘‘The Look of Silence,’’ released ear- containing thousands of names of public fig- nesia’s military and police forces, pro- lier this year. I began in 2003, working with ures likely to oppose the new military re- a family of survivors. We wanted to show gime, and handed them over to the Indo- mote cooperation with civilian au- what it is like to live surrounded by still- thorities, and hold human rights viola- nesian military, presumably with the expec- powerful perpetrators who had murdered tation that they would be killed. Western aid tors accountable. I have also supported your loved ones. to Suharto’s dictatorship, ultimately efforts to demilitarize West Papua and The family gathered other survivors to tell amounting to tens of billions of dollars, stop the human rights violations asso- their stories, but the army warned them not began flowing while corpses still clogged In- ciated with the militarization of that to participate. Many survivors urged me not donesia’s rivers. The American media cele- island. to give up and suggested that I film per- brated Suharto’s rise and his campaign of Unfortunately, while Indonesia has petrators in hopes that they would reveal de- death. Time magazine said it was the ‘‘best tails of the massacres. made important economic and political news for years in Asia.’’ I did not know if it was safe to approach But the extent of America’s role remains strides since the systemic repression of the killers, but when I did, I found them hidden behind a wall of secrecy: C.I.A. docu- the Suharto years, impunity for the open. They offered boastful accounts of the ments and U.S. defense attach papers remain horrific crimes of the 1960s and during killings, often with smiles on their faces and classified. Numerous Freedom of Informa- the final years of the independence in front of their grandchildren. I felt I had tion Act requests for these documents have struggle in East Timor remain glaring wandered into Germany 40 years after the been denied. Senator Tom Udall, Democrat examples of unfinished business that Holocaust, only to find the Nazis still in of New Mexico, will soon reintroduce a reso- are inconsistent with a democratic so- power. lution that, if passed, would acknowledge Today, former political prisoners from this America’s role in the atrocities, call for de- ciety based on the principle that no era still face discrimination and threats. classification of all relevant documents, and one is above the law. Gatherings of elderly survivors are regularly urge the Indonesian government to acknowl- We need to recognize the role of our attacked by military-backed thugs. School- edge the massacres and establish a truth own government in this history, de- children are still taught that the ‘‘extermi- commission. If the U.S. government recog- classify relevant documents, and urge nation of the communists’’ was heroic, and nizes the genocide publicly, acknowledges its

VerDate Sep 11 2014 02:54 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.026 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8236 CONGRESSIONAL RECORD — SENATE December 1, 2015 role in the crimes, and releases all docu- Congressional Budget Office an esti- ported from the committee. I respect- ments pertaining to the issue, it will encour- mate of the costs of S. 2011, the Off- fully ask unanimous consent that the age the Indonesian government to do the shore Production and Energizing Na- summary of the opinion of the Congres- same. tional Security Act of 2015, as reported sional Budget Office be printed in the This anniversary should be a reminder that although we want to move on, although from the committee. I respectfully ask CONGRESSIONAL RECORD. The full esti- nothing will wake the dead or make whole unanimous consent that the summary mate is available on CBO’s Web site what has been broken, we must stop, honor of the opinion of the Congressional www.cbo.gov. the lives destroyed, acknowledge our role in Budget Office be printed in the CON- There being no objection, the mate- the destruction, and allow the healing proc- GRESSIONAL RECORD. The full estimate rial was ordered to be printed in the ess to begin. is available on CBO’s Web site RECORD, as follows: f www.cbo.gov. CONGRESSIONAL BUDGET OFFICE COST CBO COST ESTIMATE—S. 720 There being no objection, the mate- ESTIMATE rial was ordered to be printed in the S. 2012—ENERGY POLICY MODERNIZATION ACT OF Ms. MURKOWSKI. Mr. President, in RECORD, as follows: 2015 compliance with paragraph 11(a) of rule CONGRESSIONAL BUDGET OFFICE COST (October 15, 2015) XXVI of the Standing Rules of the Sen- ESTIMATE ate, the Committee on Energy and Nat- Summary: S. 2012 would amend current law S. 2011—OFFSHORE PRODUCTION AND ENERGIZING and authorize appropriations for a variety of ural Resources has obtained from the NATIONAL SECURITY ACT OF 2015 activities and programs administered pri- Congressional Budget Office an esti- (October 6, 2015) marily by the Department of Energy (DOE). mate of the costs of S. 720, the Energy The legislation also would: Summary: S. 2011 would amend existing Savings and Industrial Competitive- Expand and extend federal agencies’ au- laws related to oil and gas leasing on the thority to use certain types of long-term ness Act of 2015, as reported from the Outer Continental Shelf (OCS) and would re- contracts to invest in energy conservation committee. I respectfully ask unani- move restrictions on exporting crude oil pro- measures and related services; mous consent that the summary of the duced in the United States. The legislation Specify various energy-related goals and opinion of the Congressional Budget would modify the terms and conditions gov- requirements for federal agencies; erning certain leasing activities and author- Office be printed in the CONGRESSIONAL Modify DOE’s authority to guarantee loans ize new direct spending of proceeds from fed- RECORD. The full estimate is available under Title 17 of the Energy Policy Act of eral oil and gas leasing for certain programs on CBO’s Web site www.cbo.gov. 2005; and and for payments to certain coastal states. There being no objection, the mate- Establish a pilot program to streamline In addition, the bill would authorize appro- the review and approval of applications for rial was ordered to be printed in the priations for grants to Indian tribes for cap- permits to drill for oil and gas on federal RECORD, as follows: ital projects and other activities aimed at lands. CONGRESSIONAL BUDGET OFFICE COST adapting to climate change. Assuming appropriation of amounts spe- ESTIMATE CBO estimates that enacting S. 2011 would cifically authorized and estimated to be nec- reduce net direct spending by about $0.2 bil- S. 720—ENERGY SAVINGS AND INDUSTRIAL essary under S. 2012—roughly $40 billion over lion over the 2016–2025 period. Provisions in COMPETITIVENESS ACT OF 2015 the 2016–2020 period (and an additional $3 bil- titles I–Ill would affect oil and gas leasing on (October 19, 2015) lion in later years)—CBO estimates that im- the OCS and CBO estimates those provisions plementing this legislation would result in Summary: S. 720 would amend current law would have a net cost about $1.3 billion over outlays totaling $32 billion over the 2016–2020 and authorize appropriations for a variety the 10 year period. Increased collections from period from those appropriations, with addi- activities and programs related to energy ef- eliminating restrictions on exports of crude tional spending of about $11 billion occurring ficiency. The bill would require federal agen- oil would total $1.4 billion over the same pe- after 2020. cies that guarantee mortgages to consider riod. CBO also estimates that the bill would re- whether homes with energy-efficient im- In addition, CBO estimates that imple- sult in additional direct spending. The esti- provements would affect borrowers’ ability menting the bill would increase spending mated amount of direct spending depends on to repay mortgages. The bill also would mod- subject to appropriation by about $700 mil- the budgetary treatment of federal commit- ify certain energy-related goals and require- lion over the 2016–2020 period mainly for pro- ments through certain types of long-term en- ments for federal agencies. grams to assist Indian tribes. Because enact- ergy-related contracts, which CBO expects CBO estimates that enacting S. 720 would ing the legislation would affect direct spend- would increase under the bill. In CBO’s view, increase direct spending by $15 million over ing, pay-as-you-go procedures apply. Enact- commitments under such contracts are a the 2016–2025 period; therefore, pay-as-you-go ing the bill would not affect revenues. form of direct spending because agencies procedures apply. Enacting the bill would CBO estimates that enacting the legisla- enter into such contracts without appropria- not affect revenues. In addition, CBO esti- tion would increase both direct spending and tions in advance to cover their full costs. On mates that implementing the legislation net on-budget deficits by more than $5 bil- the basis of that view, CBO estimates that would cost $218 million over the next five lion in at least one of the four consecutive enacting S. 2012 would increase direct spend- years, assuming appropriation actions con- 10-year periods beginning in 2026. ing by $659 million over the 2016–2025 period. sistent with the legislation. The bill contains no intergovernmental However, for purposes of determining budg- CBO estimates that enacting S. 720 would mandates as defined in the Unfunded Man- et-related points of order for legislation con- not increase on-budget deficits or net direct dates Reform Act (UMRA) and would impose sidered by the Senate, section 3207 of the spending by more than $5 billion in any of no costs on state, local, or tribal govern- Concurrent Resolution on the Budget for the four consecutive 10-year periods begin- ments. To the extent that the bill would in- Fiscal Year 2016 specifies a scoring rule for ning in 2026. S. 720 would impose an intergov- crease royalties and other revenue from off- provisions related to such contracts (referred ernmental mandate, as defined in the Un- shore oil and gas development, the bill would to in this document as the scoring rule for funded Mandates Reform Act (UMRA), by re- benefit certain coastal states through the energy contracts). Specifically, that rule re- quiring states and tribal governments to cer- sharing of leasing receipts with the federal quires CBO to calculate, on a net present tify to the Department of Energy (DOE) government. Some local and tribal govern- value basis, the lifetime net cost or savings whether or not they have updated residential ments, as well as 2 institutions of higher attributable to projects financed by such and commercial building codes to meet the education, also would benefit from receipt contracts and to record that amount as an latest standards developed by building effi- sharing and grant programs funded by leas- upfront change in spending subject to appro- ciency organizations. CBO estimates that ing revenues. priation. Under that rule, CBO estimates the cost of that mandate would fall well The bill contains no private-sector man- that S. 2012 would increase direct spending below the annual threshold established in dates as defined in UMRA. UMRA for intergovernmental mandates ($77 by $29 million over the 2016–2025 period. million in 2015, adjusted annually for infla- f Enacting S. 2012 could affect revenues, but CBO estimates any such effects would be in- tion.) This bill contains no private-sector CBO COST ESTIMATE—S. 2012 mandates as defined in UMRA. significant in any year. Because the bill would affect direct spending and revenues, f Ms. MURKOWSKI. Mr. President, in compliance with paragraph 11(a) of rule pay-as-you-go procedures apply. CBO COST ESTIMATE—S. 2011 XXVI of the Standing Rules of the Sen- CBO estimates that enacting S. 2012 would Ms. MURKOWSKI. Mr. President, in ate, the Committee on Energy and Nat- not increase net direct spending or on-budget deficits by more than $5 billion in any of the compliance with paragraph 11(a) of rule ural Resources has obtained from the four consecutive 10-year periods beginning in XXVI of the Standing Rules of the Sen- Congressional Budget Office an esti- 2026. ate, the Committee on Energy and Nat- mate of the costs of S. 2012, the Energy S. 2012 would impose an intergovernmental ural Resources has obtained from the Policy Modernization Act of 2012, as re- and private-sector mandate, as defined in the

VerDate Sep 11 2014 03:07 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A01DE6.027 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8237 Unfunded Mandates Reform Act (UMRA), on included a significant surveillance Both end the federal Common Core man- public and private entities regulated by component. date. FERC, such as electric utilities, by requiring An even bigger concern is that the Both move decisions about whether schools them to pay fees in some circumstances. The CIA, in particular, could attempt to and teachers are succeeding or failing out of bill would impose two additional mandates Washington, D.C., and back to states and on public entities. One would require state take advantage of this language and communities and teachers where those deci- and tribal governments to certify to DOE could refuse to cooperate with inves- sions belong because the real way to higher whether or not they have updated residential tigations of its surveillance activities standards, better teachers and real account- and commercial building codes to meet the by arguing that those activities were ability is through states, communities, and latest standards developed by building effi- somehow connected to a covert action classrooms—not through Washington, D.C. ciency organizations. The other would pre- program. I recognize that this may not That’s why I believe this conference will be empt state and local environmental and li- be the intent of this provision, but in successful, that both houses will approve our conference work product and I believe the ability laws if they conflict with emergency my 15 years on the Intelligence Com- orders issued by the Federal Energy Regu- president will sign the legislation into law. latory Commission (FERC). The bill also mittee, I have repeatedly seen senior Even though this agreement, in my opin- would impose private-sector mandates on CIA officials go to striking lengths to ion, is the most significant step toward local electric transmission organizations and trad- resist external oversight of their ac- control of schools in 25 years, some Repub- ers of oil contracts and on individuals seek- tivities. In my judgment, Congress licans would like to go further. ing compensation for damages caused by should be making it harder, not easier, I am one of them. utilities operating under certain emergency for intelligence officials to stymie But my Scholarship for Kids proposal, orders. Based on information from DOE and which would have given states the option to independent oversight. allow federal dollars to follow children to analyses of similar requirements, CBO esti- For these reasons, it is my intention mates that the aggregate cost of complying the schools their parents choose, only re- with mandates in the bill would fall below to object to any unanimous consent re- ceived 45 votes in the Senate. We need 60. the annual thresholds established in UMRA quest to pass this bill in its current So I have decided, like a president named for intergovernmental and private-sector form. I look forward to working with Reagan once advised, that I’ll take 80 per- mandates ($77 million and $154 million in my colleagues to modify or remove cent of what I want and I’ll fight for the 2015, respectively, adjusted annually for in- this provision. other 20 percent on another day. flation). Besides, if I were to vote no, I would be f CBO has not reviewed some provisions of voting to leave in place the federal Common section 2001 and section 4303 for intergovern- NO CHILD LEFT BEHIND Core mandate, the national school board, the mental or private-sector mandates. Those CONFERENCE waivers in 42 states. Let me repeat: Voting provisions would provide the Secretary of no is voting to leave in place the Common Energy with emergency authority to protect Mr. ALEXANDER. Mr. President, I Core mandate, the national school board, the electric transmission grid from cyberse- ask unanimous consent that a copy of and waivers in 42 states. curity threats and would protect entities my opening remarks during the con- There are a lot of people counting on us: 50 subject to that authority from liability. Sec- ference with the House of Representa- million children and 3.4 million teachers and tion 4 of the Unfunded Mandates Reform Act tives on S. 1177, the Every Child 100,000 public schools. The law expired seven years ago. If it were excludes from the application of that act any Achieves Act, be printed in the legislative provisions that are necessary for strictly applied, every school in America a RECORD. failing school. national security. CBO has determined that There being no objection, the mate- those provisions fall within that exclusion. Teachers and children and parents have rial was ordered to be printed in the been waiting all that time. If this were f RECORD, as follows: homework, they would give us a failing grade for being tardy. NO CHILD LEFT BEHIND CONFERENCE INTELLIGENCE AUTHORIZATION So I hope we will remind ourselves, and ACT FOR FISCAL YEAR 2016 OB- Representative Kline, Representative this is my conclusion, that it is a great privi- JECTION Scott, Senator Murray, ladies and gentle- lege to serve in the United States House of men. Mr. WYDEN. Mr. President, this Representatives and the United States Sen- We’re here for one reason today, because I ate. afternoon the House of Representatives sat down with Patty Murray in January and That there is no need for us to have that passed a new version of the Intelligence she gave me some good advice and I took it. privilege if all we do is announce our opin- authorization bill for fiscal year 2016. I And the advice was—why don’t we see if we ions. We could do that at home, or on the am concerned that section 305 of this can develop a bipartisan beginning to this radio, or the newspaper or the street corner. bill would undermine independent bill, because we had failed in the last two As members of the Congress, after we have oversight of U.S. intelligence agencies, congresses. our say, our job is to get a result. And as a result we ended up with a bill and if this language remains in the bill, We‘re not the Iraqi parliament. that passed by the Senate after many We are members of the United States Con- I will oppose any request to pass it by amendments, 81 to 17. gress, and I hope that we will demonstrate unanimous consent. Newsweek magazine recently reminded us that we cherish that privilege and that we Section 305 would limit the authority what we already knew very well: No Child cherish our children by building upon this of the watchdog body known as the Left Behind is a law that everybody wants consensus—fixing the law that everybody Privacy and Civil Liberties Oversight fixed. Governors, teachers, superintendents, wants fixed—and showing that we are capa- Board. In my judgment, curtailing the parents, Republicans, Democrats, students ble of governing by bringing badly needed authority of an independent oversight they all want to see this law fixed. certainty to federal education policy in There is a consensus about that. And, for- body like this board would be a clearly 100,000 public schools. tunately, there is a consensus about how to Thank you, Mr. Chairman. unwise decision. Most Americans whom do it. Mr. ALEXANDER. Mr. President, I I talk to want intelligence agencies to And that consensus is this—Continue the work to protect them from foreign law’s important measurements of academic ask unanimous consent that a copy of threats, and they also want those agen- progress of students but restore to states, my closing remarks during the con- cies to be subject to strong, inde- school districts, classroom teachers and par- ference with the House of Representa- pendent oversight, and this provision ents the responsibility for deciding what to tives on S. 1177, the Every Child would undermine some of that over- do about improving student achievement. Achieves Act, be printed in the That’s why in the Senate the bill passed 81 RECORD. sight. to 17. Section 305 states that the Privacy There being no objection, the mate- That’s is why the bill had the support of rial was ordered to be printed in the and Civil Liberties Board shall not the nation’s governors, the Chief State have the authority to investigate any School Officers, the school superintendents, RECORD, as follows: covert action program. This is prob- the National Education Association and the NO CHILD LEFT BEHIND CONFERENCE lematic for two reasons. First, while American Federation of Teachers. The real winners today are 100,000 public this board’s oversight activities to date There were some differences between the schools which are attended by 50 million have not focused on covert action, it is House bill and Senate bill. Fundamentally, children, where three and a half million they were based upon that same consensus. teachers work and are eager for us to bring reasonably easy to envision a covert Both end the waivers through which the some certainty to federal education policy. action program that could have a sig- U.S. Department of Education has become, This is a law that everybody knows needs nificant impact on Americans’ privacy in effect, a national school board for more fixing. But also in fixing this law we know and civil liberties—for example, if it than 80,000 Schools in 42 states. that there were alligators lurking in every

VerDate Sep 11 2014 04:46 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A01DE6.031 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8238 CONGRESSIONAL RECORD — SENATE December 1, 2015 corner of the pond, and the fact that we were young survivors with Active-Duty mili- Edible Schoolyard Project to help able to both in the Senate and the House tary mentors. Military mentors help schools develop community gardens, so navigate that pond and deal with respect- the young survivors learn how our Na- students can better understand the ori- fully with one another—and also recognize in tion honors those who have served and gins of their food and how to create some cases our different points of view couldn’t be included—I think, is a great cred- sacrificed and companion these chil- fresh, local, and healthy meals. Today it to the process. dren during their grief journey. there are more than 5,000 Edible Governors, teachers, superintendents, Re- I suspect that many of our fellow Schoolyard Project locations world- publicans and Democrats, wanted us to do Americans had never heard of Bonnie wide, and the effort helped inspire this, and we’ve done it so far. There’s not Carroll or TAPS before. Unlike some of First Lady Michelle Obama to plant a only consensus on the need to fix it, but we the others honored at last week’s cere- vegetable garden on the South Lawn of have now shown today that in the House and mony—people like Barbra Streisand, the White House. Senate of the United States, there is con- Steven Spielberg, and James Taylor— Alice has said that ‘‘good food is a sensus on how to fix it. And that means we’ll Bonnie is not a celebrity. She does not right, not a privilege,’’ and her work is keep the important measures of student seek attention for herself. Her laser helping to make that a reality. She has achievement, but we will restore to states, communities and classroom teachers the re- focus is on helping military families, revolutionized the way our country sponsibility with what to do about the re- and she does nothing to distract herself cooks, eats, and thinks about food— sults of the tests. or her organization from that mission. and we are all better because of it. This would not have happened without But that doesn’t make her any less a I am proud to congratulate my your leadership and Rep. Bobby Scott, who rockstar. And now America knows friend, Alice Waters, on this incredible has been a terrific partner in all this, and why. honor and wish her many more years of the cooperation of the members of the House Incredible as it may seem, Bonnie continued success. and Senate on this committee. Carroll’s road to distinction did not f I’ve complimented Senator Murray per- begin with her work at TAPS. Her re- haps excessively over the last year, but she sume includes service to America as a RECOGNIZING THE 100TH ANNIVER- has been absolutely key to this. So I thank member of the Air National Guard, the SARY OF THE AMERICAN MED- you for the opportunity to participate in ICAL WOMEN’S ASSOCIATION this. U.S. Air Force Reserve, as a senior I came to the Senate not just to make a staff member in the Reagan White Mrs. BOXER. Mr. President, I ask my speech but also to try and get a result and House Cabinet Affairs Office, and the colleagues to join me in recognizing today we’ve gotten one. VA’s White House liaison in the admin- the 100th anniversary of the American f istration of President George W. Bush. Medical Women’s Association, AMWA, She relocated to Baghdad to serve with the first national organization of TRIBUTE TO BONNIE CARROLL the Coalition Provisional Authority. women physicians. Ms. MURKOWSKI. Mr. President, She has served on countless boards and One hundred years ago, less than 6 last week President Obama awarded commissions related to military percent of all physicians in the United the Presidential Medal of Freedom, our health, suicide prevention, and grief States were women. Recognizing a cru- Nation’s highest civilian honor, to my therapy. cial need to provide support for these longtime friend and fellow Alaskan Bonnie reflects the very best of the pioneering women and to bring diver- Bonnie Carroll. In my judgment, this is Alaskan spirit, a spirit of community sity to the medical field, Dr. Bertha a recognition long due. While America and service before self. I am honored to Van Hoosen founded the AMWA on No- may have first heard the name Bonnie join with the President in recognizing vember 18, 1915, in Chicago. The AMWA quickly established a Carroll last week, our military families the extraordinary contributions of network and support system for women have long viewed her as a lifeline, a Bonnie Carroll, my dear friend, fellow in the medical profession and docu- true woman of valor. Alaskan, and great American. mented their lack of opportunities in Bonnie is the founder of the Tragedy f postgraduate training, internships, and Assistance Program for Survivors, TRIBUTE TO ALICE WATERS academic appointments. TAPS. She founded TAPS after the Mrs. BOXER. Mr. President, I ask my Over the years, the AMWA success- death of her husband, Alaska Army Na- colleagues to join me in congratulating fully advocated to increase leadership tional Guard BG Tom Carroll, in a Alice Waters, groundbreaking chef, res- roles for women doctors, sponsored re- military plane crash on November 12, taurant owner, author, and activist search and panel discussions on med- 1992. who was recently awarded the National ical women in the workforce, and es- TAPS is an organization that pro- Humanities Medal by President Obama tablished scholarship and mentorship vides support to military families who for her pioneering role in the sustain- programs to encourage the next gen- have lost a loved one. TAPS welcomes able food movement. eration of women leaders. The AMWA anyone who is grieving the death of As a student at the University of has also worked to improve women’s someone who died in the military. Its California, Berkeley, in the 1960s, Alice health by addressing issues from families have experienced loss in a va- developed a passion for social activism. human trafficking and affordable con- riety of ways—from combat, suicide, While studying abroad in Paris one se- traceptive care, to childhood obesity terrorism, homicide, negligence, acci- mester, she began to realize the impact and osteoporosis risk across the globe. dents, and illness. Our survivors in- food can have on our daily lives. Ex- For the past century, the American clude mothers and fathers, husbands posed to lively discussions over fresh, Medical Women’s Association has and wives, sons and daughters, brothers locally sourced home-cooked meals, a served as the vision and voice of and sisters, fiance´s, and other relatives simple yet revolutionary idea took women in medicine. As we celebrate of those who have died. root, and in 1971 she and a group of their extraordinary milestone, I ask Since its launch in 1994, TAPS has friends opened Chez Panisse in Berke- my colleagues to join me in congratu- cared for the more than 50,000 sur- ley. lating the AMWA for their tireless ef- viving family members through a na- It was a concept that took off almost forts to open the door for generations tional network of peer-based emotional immediately: fresh, local, and organic of women physicians. Because of their support services, a 24/7 helpline avail- food that changed with the seasons. As work, countless men, women, and chil- able to those grieving a loss, connec- the restaurant’s success grew, Alice dren have benefited from the dedicated tions to community-based care and her staff created a network of local service of AMWA members, and for throughout the Nation, and casework farmers and producers whose dedica- that we are all grateful. assistance for families navigating all of tion to sustainable agriculture supplied f the resources and benefits available to Chez Panisse’s fresh ingredients, helped them. to pioneer farm-to-table-cuisine, and OBSERVING WORLD AIDS DAY One of TAPS’ most respected pro- served as a model for future genera- Mr. CARDIN. Mr. President, today I grams is its ‘‘Good Grief Camp,’’ which tions of restaurant owners. wish to commemorate the 28th World is offered to young people who have Alice’s influence spread far beyond AIDS Day. This day is a time to recog- lost a loved one. This program pairs the kitchen. In 1996, she created the nize the tremendous progress we have

VerDate Sep 11 2014 03:07 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A01DE6.030 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8239 made in combating the human im- to combat a single disease internation- instructors paved the way for people of munodeficiency virus infection and ac- ally and represents the very best of color to enter the field of aviation. He quired immune deficiency syndrome, America and our commitment to glob- is proud that he was chosen to imple- HIV/AIDS, and to redouble our com- al humanitarian values. Thanks to ment that program,’’ his daughter Do- mitment to preventing and treating PEPFAR, 7.7 million men, women, and lores Crenchaw Singleton said in a re- this devastating disease. children worldwide are receiving anti- cent interview. For many years, we have viewed retroviral treatments. In 2014, Crenchaw helped break the barriers AIDS as a death sentence. Before 2000, PEPFAR supported HIV testing and that existed in the military. His pas- rates of infection grew exponentially. counseling for more than 56.7 million sion for aviation continued after his People living with HIV/AIDS had few people and provided training for more tenure at Tuskegee, serving as a flight options, and what options they did than 140,000 new health care workers to instructor at several air bases, includ- have were expensive and out of reach. help combat HIV on the ground. ing Camp Rucker, AL, where he be- Millions of children orphaned by HIV/ Through PEPFAR, we have been able came the first Black flight instructor. AIDS were isolated within their own to reach 5 million children who have Crenchaw honorably served with the communities, and there was virtually been orphaned or made vulnerable due U.S. Army Air Corps and the U.S. Air no way to prevent HIV transmissions to HIV/AIDS. PEPFAR has also dra- Force for more than 40 years. from pregnant women to their unborn matically improved outcomes for preg- He also shared his love of aviation children, ending countless lives before nant women and their babies, reducing with Arkansas, and he was instru- they could truly begin. the transmission of HIV from mother mental in creating an aviation pro- But thanks to sustained United to child. In 2014, PEPFAR supported gram at Philander Smith College in States and global efforts—administered HIV testing and counseling for more Little Rock. Crenchaw taught aviation through programs like the President’s than 14.2 million pregnant women at the school from 1947 to 1953, holding Emergency Plan for AIDS Relief, worldwide. For the nearly 750,000 preg- classes at Adams Field in the Central PEPFAR, the Global Fund, and nant women who tested positive for Flying Service building. UNAIDS—we are finally turning the HIV, PEPFAR’s anti-retroviral medica- Along with the accolades of induc- tide, not only in terms of slowing the tions allowed 95 percent of their chil- tions in the Arkansas Aviation Hall of spread of HIV/AIDS, but also by im- dren to be born HIV-free. Fame and the Arkansas Black Hall of proving the lives of those affected by We have made extraordinary Fame, in 2007 he was awarded the Con- this disease. progress; however, there is still much gressional Gold Medal, along with Since 2000, new HIV infections have work to be done. Currently, there are other members we have come to ad- dropped by 35 percent. AIDS-related more than 22 million people living with mire as the Tuskegee Airmen. deaths are down 42 percent from their HIV who are not yet on treatment, and Milton Pitts Crenchaw passed away peak in 2004. To date, 15 million men, HIV is still the leading cause of death on November 17, 2015. Today he will be women, and children worldwide are on for women of reproductive age world- laid to rest at the Arkansas State Vet- anti-retroviral therapy, compared to wide. We are on our way to an AIDS- erans Cemetery in North Little Rock. only 1 million in 2001. We have also free generation, but we can’t rest on He was a true American hero whose made significant progress in tackling our laurels now. We need the commit- leadership helped secure victory and mother-to-child transmissions, which ment and leadership of partner coun- peace for all freedom-loving people of are key to ending the AIDS epidemic. tries—reinforced with support from the world.∑ donor nations, civil society, people liv- Today 73 percent of pregnant women f living with HIV have access to anti- ing with HIV, faith-based organiza- retroviral therapy, greatly reducing tions, the private sector, and founda- RECOGNIZING THE CHILDREN’S the likelihood that they will transmit tions—to make an AIDS-free genera- MUSEUM OF ATLANTA the disease to their babies. As a result, tion a reality. On this World AIDS ∑ Mr. ISAKSON. Mr. President, I wish since 2000, new infections among chil- Day, we recognize the progress we have to honor a wonderful asset in my dren have fallen by 58 percent. Because made and recommit ourselves to con- hometown of Atlanta, GA, the Chil- of our investments in HIV/AIDS treat- tinuing to combat HIV/AIDS both at dren’s Museum of Atlanta. ment and prevention, health systems home and abroad. Since the opening of its permanent throughout Africa have been strength- f facility in 2003 at Centennial Olympic ened, allowing millions to gain access ADDITIONAL STATEMENTS Park in downtown Atlanta, it has be- to medications and more advanced come a leading attraction for families treatments. Life expectancy in nations and has helped ignite the revitalization like Rwanda and Kenya have dramati- HONORING MILTON PITTS of the area, along with the Georgia cally increased, and health facilities CRENCHAW Aquarium, the Center for Civil and have been modernized. ∑ Mr. BOOZMAN. Mr. President, I wish Human Rights, the College Football These steps are just some of the ways to honor today Milton Pitts Crenchaw, Hall of Fame, and the iconic World of in which we have made remarkable an aviation pioneer from Little Rock, Coca-Cola. The Children’s Museum of progress to stop HIV/AIDS in its AR, who paved the way for integration Atlanta has promoted the power of tracks. We are, without a doubt, on our in the U.S. military and impacted gen- play and highlighted the importance of way to an AIDS-free generation. This erations of aviators. early childhood education in all areas, is something that can happen in our Crenchaw, known as the father of especially literacy, math, and science. lifetimes. black aviation in Arkansas, developed Not only am I married to a former In mid-September, more than 150 a love of flying while at the Tuskegee teacher, but as a grandfather and the world leaders gathered at the United Institute. He exceled in the program, former chair of the Georgia Board of Nations General Assembly to adopt the and after earning his pilot’s license, he Education, I have long been committed 2030 Agenda for Sustainable Develop- pursued his instructor’s certificate. to enhancing and improving edu- ment. Goal 3 includes a target to eradi- Following the bombing of Pearl Har- cational opportunities for our children. cate HIV/AIDS, tuberculosis, malaria, bor, Crenchaw joined the Army Air The Children’s Museum’s mission and and other communicable diseases by Corps Civilian Pilot Training Program vision help parents, educators, and 2030. This is a bold commitment that as a flight instructor. schools ignite curiosity and discovery requires strong leadership from the He had the distinction of being one of in young children, enhance learning, United States. To achieve this goal, the original supervising squadron com- and help them reach their goals. the United States must continue to in- manders for the Tuskegee Airmen. He The museum has recently undergone vest in and provide strong funding for trained hundreds of cadets during the a major renovation and will reopen its our global health programs, especially 1940s, an accomplishment he was right- doors on December 12, 2015, to a com- PEPFAR. fully proud of. pletely updated facility. As my colleagues know, PEPFAR is ‘‘The first thing that he takes pride I am delighted to recognize on the the largest commitment by any nation in is that he and the other Black flight floor of the Senate and to join the city

VerDate Sep 11 2014 03:55 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.029 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8240 CONGRESSIONAL RECORD — SENATE December 1, 2015 of Atlanta in celebrating Saturday, De- his platoon butted up against German meritorious achievement based on his cember 12, 2015, as Children’s Museum troops on a mountainside. It wasn’t prior award of the combat infantryman of Atlanta Day.∑ long until the platoon was pinned down badge and the Army of Occupation f by the automatic weapon fire. Medal with Germany Clasp. The platoon made a dash for cover Our Nation is forever grateful for TRIBUTE TO DEONTAY WILDER but to no avail. Every man was hit. Jim’s service.∑ ∑ Mr. SHELBY. Mr. President, I wish Jim described the shot to his leg like f to recognize the current World Boxing being hit by a sledgehammer. Council, WBC, World Heavyweight German troops came to confirm they MESSAGES FROM THE HOUSE Champion Deontay Leshun Wilder. were all dead and to gather any rifles At 12:09 p.m., a message from the Mr. Wilder is a native of Tuscaloosa, and ammo. Jim, with his orders shoved House of Representatives, delivered by AL. He graduated from Tuscaloosa underneath him and the sole survivor, Mrs. Cole, one of its reading clerks, an- Central High School in 2004, and he at- played dead. They passed on. nounced that the House has passed the tended Shelton State Community Col- Not long after, German medics came following bill, without amendment: lege. From there, he focused on forging through. S. 611. An act to amend the Safe Drinking a career in boxing. Surprisingly, a young German, whom Water Act to reauthorize technical assist- Mr. Wilder began his boxing career in Jim identified by the swastika on his ance to small public water systems, and for 2005, and he has achieved outstanding arm, put a compress on his leg and a other purposes. success as both an amateur and profes- jacket over top of him before moving The message also announced that the sional boxer. In 2007, Wilder upset the on. House has passed the following bills, in favorites to win the National Golden Shortly after, an American Jeep which it requests the concurrence of Gloves and the U.S. championships. rolled up and rescued him. the Senate: Wilder was awarded the bronze medal Jim always said he never would have H.R. 1541. An act to amend title 54, United in boxing at the 2008 Olympics. In 2012, made it out alive had that young Ger- States Code, to make Hispanic-serving insti- he won the WBC Continental Americas man not stopped to show him some tutions eligible for technical and financial heavyweight boxing title. compassion. assistance for the establishment of preserva- tion training and degree programs. In January of this year, Wilder be- Once home from the war in 1946, Jim H.R. 1755. An act to amend title 36, United came the first American heavyweight enrolled at Montana State University States Code, to make certain improvements champion in 9 years after his win over at Bozeman. in the congressional charter of the Disabled Bermane Stiverne. Since then, Wilder It was there that he met his future American Veterans. has successfully defended his WBC title wife Ruth Officer, a nurse who tended H.R. 2212. An act to take certain Federal twice, most recently in September. to some residual issues with Jim’s hip. lands located in Lassen County, California, Deontay Wilder has made a proactive They married on March 15, 1947. into trust for the benefit of the Susanville Jim was always a man who took care Indian Rancheria, and for other purposes. effort to give back to the State of Ala- H.R. 2270. An act to redesignate the bama by hosting his first two title de- of his family, and that devotion took Nisqually National Wildlife Refuge, located fenses in Birmingham, AL. He has also them to Livingston, Ruth’s hometown. in the State of Washington, as the Billy been a champion of charitable causes There, he began work as a carpenter’s Frank Jr. Nisqually National Wildlife Ref- such as the fight against spina bifida. apprentice, eventually becoming a uge, to establish the Medicine Creek Treaty Mr. Wilder is an incredible athlete journeyman. National Memorial within the wildlife ref- and an inspiration to many. I am hon- After returning to MSU to get his in- uge, and for other purposes. ored to recognize his great talent and dustrial art degree, he began teaching H.R. 2288. An act to remove the use restric- shop at Emerson Junior High in Boze- tions on certain land transferred to Rocking- success, and I am proud to call him a ham County, Virginia, and for other pur- fellow Alabamian.∑ man. Eventually, he became a pur- poses. f chasing agent for Missoula School Dis- H.R. 3279. An act to amend titles 5 and 28, trict No. 1. United States Code, to require annual re- REMEMBERING JAMES JOSEPH Jim and Ruth had three children: ports to Congress on, and the maintenance of MARSHALL Vicki, Leann, and Jim. They remember databases on, awards of fees and other ex- ∑ Mr. TESTER. Mr. President, today I him as a humble man who cared deeply penses to prevailing parties in certain ad- wish to honor James Joseph Marshall, for his family and frequently dem- ministrative proceedings and court cases to a third generation Montanan and a vet- onstrated that devotion. which the United States is a party, and for other purposes. eran of World War II. The fondness with which Jim is re- H.R. 3490. An act to amend the Homeland On behalf of all Montanans and membered is reflective of the life he Security Act of 2002 to authorize the Na- Americans, I stand to say thank you to lived. Folks will remember his willing- tional Computer Forensics Institute, and for Jim’s family for his service to our Na- ness to help out a friend and his love of other purposes. tion. photography, especially bald eagles. He The message further announced that It is my honor to share the story of was passionate about making Montana pursuant to 15 U.S.C. 1024(a), and the Jim’s life and service, a story that better for future generations. order of the House of January 6, 2015, most certainly will not be forgotten, In September of 2012, Jim had the the Speaker appoints the following and a story he perhaps wouldn’t have pleasure of participating in one of the Member on the part of the House of told himself. earliest Honor Flights to Washington, Representatives to the Joint Economic In fact, it wasn’t until his oldest DC, to see the World War II Memorial Committee: Mr. TIBERI of Ohio, to rank daughter, Vicki, was in eighth grade there. before Mr. AMASH. that she even noticed her father’s limp. His daughter, Leann, helped him reg- ENROLLED BILL SIGNED She asked her mother, ‘‘Why does ister himself as a World War II veteran At 6:41 p.m., a message from the daddy limp?’’ at the memorial, and his name will re- House of Representatives, delivered by Ruth told her that he limped because main in the kiosks there for anyone to Mr. Novotny, one of its reading clerks, of his war wound. He never talked see. announced that the Speaker has signed about his experience during the war, In fact, I had the honor of greeting the following enrolled bill: and it wasn’t until he wrote about his that particular Honor Flight back to S. 611. An act to amend the Safe Drinking injury for a presentation to middle Montana afterward and am happy to Water Act to reauthorize technical assist- schoolers that his family heard the full hear that Jim immensely enjoyed that ance to small public water systems, and for story. experience. other purposes. Jim was shot in the leg while fight- Jim died on April 8, 2014, surrounded f ing in the Ruhr Pocket, in Germany, by family. near the border of Czechoslovakia on It was my honor to recognize James MEASURES REFERRED April 25, 1945. Joseph Marshall’s bravery and service The following bills were read the first After sweeping the countryside to the United States by presenting his and the second times by unanimous searching for any remaining resistance, family with the Bronze Star Medal for consent, and referred as indicated:

VerDate Sep 11 2014 03:07 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G01DE6.001 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8241 H.R. 1541. An act to amend title 54, United By Mr. COONS (for himself, Mr. MAR- ronmentally sound standards gov- States Code, to make Hispanic-serving insti- KEY, Ms. BALDWIN, and Ms. WARREN): erning discharges incidental to the nor- tutions eligible for technical and financial S. 2336. A bill to modernize laws, and elimi- mal operation of a vessel. assistance for the establishment of preserva- nate discrimination, with respect to people tion training and degree programs; to the living with HIV/AIDS, and for other pur- S. 429 Committee on Energy and Natural Re- poses; to the Committee on the Judiciary. At the request of Ms. BALDWIN, the sources. By Mrs. FEINSTEIN (for herself, Mr. name of the Senator from Washington H.R. 1755. An act to amend title 36, United FLAKE, Ms. HEITKAMP, Mr. COATS, Mr. (Ms. CANTWELL) was added as a cospon- States Code, to make certain improvements HEINRICH, Mr. JOHNSON, Mr. BENNET, sor of S. 429, a bill to amend title XIX in the congressional charter of the Disabled Ms. AYOTTE, Mr. WARNER, Ms. BALD- of the Social Security Act to provide a American Veterans; to the Committee on the WIN, Mr. TESTER, Mr. KING, Ms. KLO- standard definition of therapeutic fos- Judiciary. BUCHAR, Mrs. BOXER, Mr. ter care services in Medicaid. H.R. 2212. An act to take certain Federal BLUMENTHAL, Ms. COLLINS, and Mr. lands located in Lassen County, California, FRANKEN): S. 491 into trust for the benefit of the Susanville S. 2337. A bill to improve homeland secu- At the request of Ms. KLOBUCHAR, the Indian Rancheria, and for other purposes; to rity by enhancing the requirements for par- name of the Senator from Oregon (Mr. the Committee on Indian Affairs. ticipation in the Visa Waiver Program, and MERKLEY) was added as a cosponsor of H.R. 2288. An act to remove the use restric- for other purposes; to the Committee on the S. 491, a bill to lift the trade embargo tions on certain land transferred to Rocking- Judiciary. on Cuba. ham County, Virginia, and for other pur- By Ms. HIRONO: poses; to the Committee on Energy and Nat- S. 2338. A bill to award grants to States for S. 551 ural Resources. the development of innovative long-term At the request of Mrs. FEINSTEIN, the H.R. 3279. An act to amend titles 5 and 28, services and supports programs; to the Com- names of the Senator from Hawaii (Mr. United States Code, to require annual re- mittee on Health, Education, Labor, and SCHATZ) and the Senator from Pennsyl- ports to Congress on, and the maintenance of Pensions. vania (Mr. CASEY) were added as co- databases on, awards of fees and other ex- By Mr. MARKEY (for himself, Mr. sponsors of S. 551, a bill to increase penses to prevailing parties in certain ad- BLUMENTHAL, and Mr. WHITEHOUSE): ministrative proceedings and court cases to S. 2339. A bill to amend the Mineral Leas- public safety by permitting the Attor- which the United States is a party, and for ing Act to increase the royalty rate for coal ney General to deny the transfer of other purposes; to the Committee on the Ju- produced from surface mines on Federal firearms or the issuance of firearms diciary. land, to prohibit the export of coal produced and explosives licenses to known or H.R. 3490. An act to amend the Homeland on Federal land, and for other purposes; to suspected dangerous terrorists. Security Act of 2002 to authorize the Na- the Committee on Energy and Natural Re- S. 569 tional Computer Forensics Institute, and for sources. other purposes; to the Committee on the Ju- At the request of Mr. LEAHY, the f diciary. name of the Senator from Montana (Mr. TESTER) was added as a cosponsor f SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS of S. 569, a bill to reauthorize the farm MEASURES READ THE FIRST TIME to school program, and for other pur- The following concurrent resolutions poses. The following bill was read the first and Senate resolutions were read, and S. 571 time: referred (or acted upon), as indicated: H.R. 427. An act to amend chapter 8 of title At the request of Mr. SASSE, his By Mr. SCHUMER (for himself, Mr. name was added as a cosponsor of S. 5, United States Code, to provide that major THUNE, Ms. STABENOW, and Mr. ROB- rules of the executive branch shall have no ERTS): 571, a bill to amend the Pilot’s Bill of force or effect unless a joint resolution of ap- S. Res. 323. A resolution supporting the Rights to facilitate appeals and to proval is enacted into law. designation of December 1, 2015, as apply to other certificates issued by f ‘‘#GivingTuesday’’ and supporting strong in- the Federal Aviation Administration, centives for all people of the United States to require the revision of the third ENROLLED BILL PRESENTED to give generously; to the Committee on Fi- class medical certification regulations nance. The Secretary of the Senate reported issued by the Federal Aviation Admin- By Mr. KIRK (for himself, Mr. istration, and for other purposes. that on today, December 1, 2015, she MANCHIN, and Mr. RUBIO): had presented to the President of the S. Con. Res. 26. A concurrent resolution ex- S. 578 United States the following enrolled pressing the sense of Congress regarding the At the request of Ms. COLLINS, the bill: right of States and local governments to name of the Senator from Washington S. 599. An act to extend and expand the maintain economic sanctions against Iran; (Ms. CANTWELL) was added as a cospon- Medicaid emergency psychiatric demonstra- to the Committee on Foreign Relations. sor of S. 578, a bill to amend title XVIII tion project. f of the Social Security Act to ensure more timely access to home health f ADDITIONAL COSPONSORS services for Medicare beneficiaries REPORTS OF COMMITTEES S. 85 under the Medicare program. The following reports of committees At the request of Mr. BURR, the name S. 849 were submitted: of the Senator from Ohio (Mr. At the request of Mr. ISAKSON, the By Mr. ALEXANDER, from the Committee PORTMAN) was added as a cosponsor of name of the Senator from New York on Health, Education, Labor, and Pensions, S. 85, a bill to amend the Higher Edu- (Mrs. GILLIBRAND) was added as a co- with an amendment in the nature of a sub- cation Act of 1965 to establish a sim- sponsor of S. 849, a bill to amend the stitute: plified income-driven repayment plan, Public Health Service Act to provide S. 1719. A bill to provide for the establish- and for other purposes. for systematic data collection and ment and maintenance of a National Family S. 247 Caregiving Strategy, and for other purposes. analysis and epidemiological research At the request of Mr. CRUZ, the name regarding Multiple Sclerosis (MS), Par- f of the Senator from Utah (Mr. LEE) was kinson’s disease, and other neuro- INTRODUCTION OF BILLS AND added as a cosponsor of S. 247, a bill to logical diseases. JOINT RESOLUTIONS amend section 349 of the Immigration S. 857 and Nationality Act to deem specified At the request of Ms. STABENOW, the The following bills and joint resolu- activities in support of terrorism as re- tions were introduced, read the first name of the Senator from Washington nunciation of United States nation- (Ms. CANTWELL) was added as a cospon- and second times by unanimous con- ality, and for other purposes. sent, and referred as indicated: sor of S. 857, a bill to amend title XVIII S. 373 of the Social Security Act to provide By Mr. MENENDEZ: S. 2335. A bill to amend the Federal Water At the request of Mr. CRAPO, his for coverage under the Medicare pro- Pollution Control Act relating to beach mon- name was added as a cosponsor of S. gram of an initial comprehensive care itoring, and for other purposes; to the Com- 373, a bill to provide for the establish- plan for Medicare beneficiaries newly mittee on Environment and Public Works. ment of nationally uniform and envi- diagnosed with Alzheimer’s disease and

VerDate Sep 11 2014 03:07 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A01DE6.002 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8242 CONGRESSIONAL RECORD — SENATE December 1, 2015 related dementias, and for other pur- of Homeland Security to make anthrax sponsor of S. Res. 148, a resolution con- poses. vaccines and antimicrobials available demning the Government of Iran’s S. 946 to emergency response providers, and state-sponsored persecution of its At the request of Mr. KIRK, the name for other purposes. Baha’i minority and its continued vio- of the Senator from Massachusetts S. 2045 lation of the International Covenants (Ms. WARREN) was added as a cosponsor At the request of Mr. HELLER, the on Human Rights. of S. 946, a bill to amend title 49, name of the Senator from Colorado S. RES. 322 United States Code, to prohibit the (Mr. GARDNER) was added as a cospon- At the request of Mr. SESSIONS, the transportation of horses in interstate sor of S. 2045, a bill to amend the Inter- name of the Senator from Mississippi transportation in a motor vehicle con- nal Revenue Code of 1986 to repeal the (Mr. WICKER) was added as a cosponsor taining 2 or more levels stacked on top excise tax on high cost employer-spon- of S. Res. 322, a resolution recognizing of one another. sored health coverage. the 60th anniversary of the refusal of S. 1133 S. 2196 Rosa Louise Parks to give up her seat on a bus on December 1, 1955. At the request of Mr. FRANKEN, the At the request of Mr. CASEY, the name of the Senator from New Hamp- name of the Senator from Michigan f shire (Mrs. SHAHEEN) was added as a co- (Ms. STABENOW) was added as a cospon- STATEMENTS ON INTRODUCED sponsor of S. 1133, a bill to amend title sor of S. 2196, a bill to amend title BILLS AND JOINT RESOLUTIONS 9 of the United States Code with re- XVIII of the Social Security Act to By Mrs. FEINSTEIN (for herself, spect to arbitration. provide for the non-application of Mr. FLAKE, Ms. HEITKAMP, Mr. Medicare competitive acquisition rates S. 1212 COATS, Mr. HEINRICH, Mr. JOHN- to complex rehabilitative wheelchairs At the request of Mr. CARDIN, the SON, Mr. BENNET, Ms. AYOTTE, and accessories. name of the Senator from New York Mr. WARNER, Ms. BALDWIN, Mr. (Mrs. GILLIBRAND) was added as a co- S. 2283 TESTER, Mr. KING, Ms. KLO- sponsor of S. 1212, a bill to amend the At the request of Mr. DAINES, the BUCHAR, Mrs. BOXER, Mr. Internal Revenue Code of 1986 and the name of the Senator from Colorado BLUMENTHAL, Ms. COLLINS, and Small Business Act to expand the (Mr. GARDNER) was added as a cospon- Mr. FRANKEN): availability of employee stock owner- sor of S. 2283, a bill to ensure that S. 2337. A bill to improve homeland ship plans in S corporations, and for small business providers of broadband security by enhancing the require- other purposes. Internet access service can devote re- ments for participation in the Visa S. 1495 sources to broadband deployment rath- Waiver Program, and for other pur- At the request of Mr. TOOMEY, the er than compliance with cumbersome poses; to the Committee on the Judici- names of the Senator from Iowa (Mrs. regulatory requirements. ary. ERNST) and the Senator from Texas S. 2308 Mrs. FEINSTEIN. Mr. President, I (Mr. CRUZ) were added as cosponsors of At the request of Mr. CARDIN, the rise to introduce the Visa Waiver Pro- S. 1495, a bill to curtail the use of name of the Senator from Maine (Ms. gram Security Enhancement Act. changes in mandatory programs affect- COLLINS) was added as a cosponsor of S. I am pleased to be joined by Senator ing the Crime Victims Fund to inflate 2308, a bill to amend the Internal Rev- FLAKE, who is the lead Republican co- spending. enue Code of 1986 to clarify the treat- sponsor, as well as Senators HEITKAMP, COATS, HEINRICH, JOHNSON, BENNET, S. 1559 ment of church pension plans, and for AYOTTE, WARNER, BALDWIN, TESTER, At the request of Ms. AYOTTE, the other purposes. KING, KLOBUCHAR, BOXER, and name of the Senator from Oregon (Mr. S. 2323 BLUMENTHAL. MERKLEY) was added as a cosponsor of At the request of Mr. DURBIN, the This bill would improve the security S. 1559, a bill to protect victims of do- names of the Senator from Maine (Mr. of the Visa Waiver Program, which is mestic violence, sexual assault, stalk- KING), the Senator from Oregon (Mr. used by about 20 million travelers a ing, and dating violence from emo- MERKLEY) and the Senator from Con- year. tional and psychological trauma necticut (Mr. MURPHY) were added as The horrific attacks in Paris and the caused by acts of violence or threats of cosponsors of S. 2323, a bill to clarify emergence of ISIL make it absolutely violence against their pets. the definition of nonimmigrant for pur- clear that we must strengthen the Visa S. 1830 poses of chapter 44 of title 18, United Waiver Program to protect our coun- At the request of Mr. BARRASSO, the States Code. try. This bill would do just that. name of the Senator from Ohio (Mr. S. 2327 38 countries are now part of the Visa BROWN) was added as a cosponsor of S. At the request of Mr. CASEY, the Waiver Program. 1830, a bill to amend title XVIII of the names of the Senator from Washington Nationals from these countries may Social Security Act to provide for the (Ms. CANTWELL) and the Senator from come to the United States for up to 90 coverage of marriage and family thera- Maryland (Mr. CARDIN) were added as days without a visa. pist services and mental health coun- cosponsors of S. 2327, a bill to amend Travelers through the program use selor services under part B of the Medi- the Internal Revenue Act of 1986 to an online application to gain approval care program, and for other purposes. strengthen the earned income tax cred- to travel to the United States. Many of S. 1856 it and expand eligibility for childless these travelers simply apply for ap- proval from their home computer. At the request of Mr. BLUMENTHAL, individuals and youth formerly in fos- Participating countries must also the name of the Senator from Min- ter care. enter into valuable intelligence-shar- nesota (Mr. FRANKEN) was added as a S. CON. RES. 25 ing agreements with the United States. cosponsor of S. 1856, a bill to amend At the request of Mr. LEE, the names By comparison, only about 36 million title 38, United States Code, to provide of the Senator from North Dakota (Mr. people secured visas for business, tour- for suspension and removal of employ- HOEVEN) and the Senator from Arkan- ism, and other temporary purposes to ees of the Department of Veterans Af- sas (Mr. BOOZMAN) were added as co- the United States from 2005 to 2010—an fairs for performance or misconduct sponsors of S. Con. Res. 25, a concur- average of only 6 million per year. that is a threat to public health or rent resolution expressing the sense of As we all know, fewer than 2,000 refu- safety and to improve accountability of Congress that the President should gees from the Syrian conflict—which employees of the Department, and for submit the Paris climate change agree- go through a heavy vetting process— other purposes. ment to the Senate for its advice and were admitted to the United States S. 1915 consent. over the last 4 years. At the request of Ms. AYOTTE, the S. RES. 148 Put that in perspective: fewer than name of the Senator from Michigan At the request of Mr. WYDEN, the 2,000 Syrian refugees over 4 years, (Mr. PETERS) was added as a cosponsor name of the Senator from Pennsyl- versus 20 million travelers through the of S. 1915, a bill to direct the Secretary vania (Mr. CASEY) was added as a co- Visa Waiver program annually.

VerDate Sep 11 2014 03:07 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A01DE6.007 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8243 The vetting for a refugee takes 18 to This Visa Waiver Program Security Fourth, the bill would strengthen the 24 months, whereas an application to Enhancement Act would strengthen intelligence sharing that is the bedrock travel through the Visa Waiver Pro- the Visa Waiver Program in a variety of this program. gram can be approved within seconds. of ways, making our nation safer and The Department of Homeland Secu- That should tell us how much of a protecting an important stream of rity has been able to gather valuable priority improving the security of this international tourism and commerce. data from Visa Waiver countries under program is. First, the bill says that a national of Today, there are thousands of citi- a Visa Waiver country who has trav- existing information sharing agree- zens from European visa waiver coun- eled to Iraq or Syria in the last five ments. tries that have gone to fight in Syria. years would have to get a visa instead There are three such agreements. In fact, the Visa Waiver Program in- of using the Visa Waiver Program. One relates to information regarding cludes numerous countries that have The effect of this would be that the known or suspected terrorists. The sec- populations in which some people have person would have to go through the ond relates to sharing of fingerprint become radicalized. normal consular process—in which bio- data pertaining to serious crimes. And The program includes 38 countries, metric information would be taken, the third requires provision of lost or including the following: Belgium, and the person interviewed—instead of stolen passport information directly or France, Germany, Greece, Hungary, traveling to the United States on a via INTERPOL. The Netherlands, and The United King- visa waiver. dom. Second, the bill would require that It is my understanding that—al- So, nationals of these countries who biometric data, such as digital photo- though countries have signed these travel to Iraq or Syria to train and graphs or fingerprints, be provided to agreements—not all have fully imple- fight may then be able to cross back the U.S. government prior to boarding mented them. This bill would require into Europe and then come to this a plane to travel to the U.S. on the that those agreements be implemented, country on a visa waiver. Visa Waiver Program but only for not just signed. As is now clear, some who committed those individuals for whom we do not The bill would also establish several the recent attacks in Paris were already have biometrics. new information-sharing provisions, French and Belgian nationals. Today, biometrics are not taken The attackers in the Charlie Hebdo which the Department of Homeland Se- until a traveler from a Visa Waiver curity would be required to examine in attacks—the Kouachi brothers—were country first enters the United States born and raised in France. They were assessing whether a country can join or at the port of entry. stay in the Visa Waiver Program. French nationals as well. That is too late, and it leaves the op- The European Union Justice Com- portunity for a person seeking to com- One such provision would require missioner said in April of this year mit an attack against the aircraft DHS to consider whether a country that 5,000–6,000 Europeans could be itself to do so. contributes to and screens against fighting in Syria. We have recently seen that ISIL is INTERPOL’s lost and stolen docu- More than 1,500 are French nationals. ments database. This is why the Visa Waiver Pro- willing to take down airliners. We gram, at the current time, poses a know what sort of tragedy can happen Let me explain why this is impor- major risk—it is a quick and direct when terrorists take control of an air- tant. Simply put, INTERPOL’s lost and route for a terrorist to come to the plane. stolen documents database is not as We must do everything we can to United States without a visa. frequently used as it could be. make sure an ISIL member does not The group known as ISIL has pub- Increased use of INTERPOL’s data- licly threatened to attack the United board an aircraft bound for the United States with the intent to take it down. base could assist all nations, including States and we have every reason to be- those outside the Visa Waiver Pro- lieve they will exploit every oppor- This bill would make the biometric gram, to prevent travel using lost or tunity to do so. requirement effective within one year, So we must take strong action. prioritizing areas of danger, and would stolen passports and thus to inhibit the A major concern is also the problem enable the Department of Homeland international movement of foreign with lost and stolen passports, which Security to extend the roll-out on a fighters. could be used by dangerous individuals country-specific basis. This bill would also require DHS to to gain entry to the United States on The Department of Homeland Secu- consider whether a country collects rity has already announced its intent the Visa Waiver Program without rais- and shares biometric information of to expand Customs and Border Protec- ing red flags. refugee and asylum seekers—an impor- tion preclearance to new foreign air- According to INTERPOL, nearly 45 tant provision to help the United ports, including in Belgium, the Neth- million passports have been reported States ensure bad actors are prevented erlands, Spain, and the United King- lost or stolen within the past 10 years. from traveling to the United States. Let me repeat that: 45 million lost or dom—all Visa Waiver countries. stolen passports circulating worldwide. As the bill is currently written, those It would also require DHS to consider Passports typically are valid for five foreign nationals who travel through whether a country shares intelligence to 10 years, which means many of these the preclearance process would satisfy about foreign fighters with the United lost or stolen passports have not yet the biometric requirements of the bill. States, as well as with international expired. The simple fact is that we need to de- organizations like INTERPOL. velop a way to screen and verify indi- If a blank passport is stolen, it may Lastly, the bill would require that viduals biometrically before they get have no expiration date at all. countries participating in the Visa A foreign fighter could use one of the on a plane to the U.S., and this bill Waiver Program have Federal Air Mar- millions of unexpired lost and stolen would do that. shal agreements in place. passports to travel to the United Third, the bill would eliminate the States through the Visa Waiver Pro- use of older-generation passports by The Paris attacks demonstrate be- gram in order to do us harm. any citizen of Visa Waiver Countries. yond any doubt that the Visa Waiver Today, the first face-to-face inter- Within 90 days of enactment, all Visa Program creates a security risk for our action and biometric check that a Waiver travelers would be required to country. have a valid, unexpired, machine-read- first-time Visa Waiver Program trav- The Visa Waiver Program Security eler would have with any U.S. official able passport that is tamper-resistant Enhancement Act will address is when the person reaches the port of and incorporates biometric identifiers. vulnerabilities in the Visa Waiver Pro- entry, like a United States airport. The Department of Homeland Secu- That provides only a narrow window rity has announced that it will roll this gram, improve information sharing, to detect that the individual is a per- out administratively, but this provi- and help keep our country safe. son who is intent on committing an at- sion would make it a clear statutory I urge my colleagues to support this tack. requirement. bill.

VerDate Sep 11 2014 03:07 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A01DE6.015 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8244 CONGRESSIONAL RECORD — SENATE December 1, 2015 SUBMITTED RESOLUTIONS Whereas all political parties can agree on congregations dedicated to improving charitable giving, which transcends dif- lives and strengthening communities. ferences of ideology and unites people across These charitable organizations employ SENATE RESOLUTION 323—SUP- boundaries: Now, therefore, be it 13.7 million workers, or nearly 10 per- PORTING THE DESIGNATION OF Resolved, That the Senate— cent of the U.S. workforce, with an ad- DECEMBER 1, 2015, AS (1) recognizes that the United States needs a strong and vibrant charitable and philan- ditional 63 million people engaged in ‘‘#GIVINGTUESDAY’’ AND SUP- thropic sector to enable communities to volunteer work. PORTING STRONG INCENTIVES meet local needs; In all, more than 60 percent of Ameri- FOR ALL PEOPLE OF THE (2) supports the designation of December 1, cans, including 84 percent of UNITED STATES TO GIVE GEN- 2015, as ‘‘#GivingTuesday’’— millennials, make financial contribu- EROUSLY (A) to encourage charitable giving; tions to support the work of nonprofit Mr. SCHUMER (for himself, Mr. (B) to effect positive change; and organizations. (C) to promote causes dedicated to As we just gave thanks last week sur- THUNE, Ms. STABENOW, and Mr. ROB- progress, prosperity, and a better world; and rounded by friends and family, it is ERTS) submitted the following resolu- (3) supports strong incentives for all people abundantly clear that we have much to tion; which was referred to the Com- of the United States to give generously to be thankful for. I hope that my col- mittee on Finance: charitable organizations by— leagues will join me to continue that S. RES. 323 (A) protecting the existing charitable do- nation tax deduction; and spirit of giving and sharing, and sup- Whereas the Tuesday after Thanksgiving (B) continuing incentives that encourage port #GivingTuesday. begins the holiday giving season with a glob- philanthropy, volunteering, and innovation. al day dedicated to charitable giving, known f as ‘‘#GivingTuesday’’; Mr. THUNE. Mr. President, I am SENATE CONCURRENT RESOLU- Whereas December 1, 2015, is the fourth an- pleased to support S. Res. 323, a resolu- TION 26—EXPRESSING THE nual #GivingTuesday; tion I submitted today along with Sen- SENSE OF CONGRESS REGARD- Whereas since the inception of ator SCHUMER, Senator STABENOW, and ING THE RIGHT OF STATES AND #GivingTuesday in 2012, #GivingTuesday has Senator ROBERTS, which expresses the LOCAL GOVERNMENTS TO MAIN- become a worldwide movement that cele- sense of the Senate that Congress brates the power of giving in all forms; TAIN ECONOMIC SANCTIONS should recognize the benefits of chari- AGAINST IRAN Whereas in 2012, #GivingTuesday brought table giving and express support for the together more than 2,500 organizations in all designation of today, December 1, 2015, Mr. KIRK (for himself, Mr. MANCHIN, 50 States and continues to gain momentum and Mr. RUBIO) submitted the following with more than 35,000 partners in the United as #GivingTuesday. Celebrated annually since 2012 on the concurrent resolution; which was re- States and around the world; ferred to the Committee on Foreign Whereas online donations have increased Tuesday after Black Friday and Cyber Relations: 470 percent since the Tuesday after Thanks- Monday, #GivingTuesday kicks off the giving in 2011; holiday giving season with a global day S. CON. RES. 26 Whereas #GivingTuesday, along with other dedicated to charitable giving through Whereas Iran is a major threat to the na- community giving days, highlights the char- a social movement that encourages tional security of the United States and its itable community in the United States, allies; which comprises approximately 1,500,000 non- giving in all its forms by people and Whereas Iran is the world’s leading state profit organizations, philanthropic organiza- communities across the country. sponsor of terrorism and continues to mate- tions, and religious congregations that are From the first year of rially support Hezbollah, Hamas, and the re- dedicated to improving lives and strength- #GivingTuesday, when more than 2,500 gime of Bashar al-Assad; ening communities; organizations from all 50 States came Whereas Iran is responsible for severe vio- Whereas nonprofit organizations are key together to celebrate giving, to today, lations of the human rights of the people of partners with Federal, State, and local gov- when more than 35,000 partners in the Iran, including imprisonment, harassment, and torture against dissidents and those crit- ernments in the delivery of key programs United States and around the world and services, including— ical of the Iranian regime such as human (1) child learning and nutrition; will participate, this movement has rights defenders, lawyers, activists, and eth- (2) emergency disaster response; provided an annual opportunity for the nic minorities; (3) services for victims; and country to come together to honor the Whereas the United States has led the (4) job training and placement programs; long American history of giving back international community in imposing crip- Whereas communities are lifted up by the and working together. pling economic sanctions against Iran for exposure of all community members to the I would also like to recognize sponsoring terrorism and its human rights cultural, educational, and civic opportuni- violations; ties provided by nonprofit organizations; #GivingTuesday for its power to enact Whereas section 202 of the Comprehensive Whereas the values of volunteerism and positive change and promote causes Iran Sanctions, Accountability, and Divest- generosity toward the common good has led that further progress and prosperity ment Act of 2010 (Public Law 111–195; 22 to over 60 percent of people in the United for a better world, while also enabling U.S.C. 8532) authorizes States and local gov- States, including 84 percent of millennials, local communities to meet specific ernments to divest from, or prohibit invest- making financial contributions to support needs. ment of the assets of the State or local gov- the work of nonprofit organizations; In my State of South Dakota, for ex- ernment in, any person that the State or Whereas virtually every person in the ample, many local organizations have local government determines, using credible United States benefits from the work of the information available to the public, engages charitable community, which— already endorsed #GivingTuesday. in investment activities in Iran; (1) employs over 13,700,000 workers, or 10 Feeding South Dakota, located in Whereas section 202(a) of the Comprehen- percent of the workforce of the United Pierre, Rapid City, and Sioux Falls, is sive Iran Sanctions, Accountability, and Di- States; and participating through numerous food vestment Act of 2010 states that, ‘‘It is the (2) engages an additional 63,000,000 volun- programs and fundraisers with the ulti- sense of Congress that the United States teers; mate goal of eliminating hunger en- should support the decision of any State or Whereas in 2014, individuals, foundations, tirely in my state. Likewise, the local government that for moral, prudential, and businesses gave over $335,000,000,000 to United Way & Volunteer Services of or reputational reasons divests from, or pro- support charitable causes and it has been es- hibits the investment of assets of the State timated that, with no deduction for chari- Greater Yankton is participating or local government in, a person that en- table gifts, annual individual giving would through a book drive that benefits gages in investment activities in the energy drop by 25 to 36 percent; local children as part of the Big Red sector of Iran, as long as Iran is subject to Whereas other effective charitable giving Bookshelf program, and through finan- economic sanctions imposed by the United incentives in the Internal Revenue Code of cial support that will be used for the States.’’; 1986 relating to individual retirement ac- Connecting Kids Youth Scholarship Whereas section 202(f) of the Comprehen- count contributions, food donations, and program. sive Iran Sanctions, Accountability, and Di- conservation easement donations expired on The success of #GivingTuesday fur- vestment Act of 2010 states that, ‘‘A measure January 1, 2015, the fifth time in recent of a State or local government authorized years; ther highlights the work of the Amer- under subsection (b) or (i) is not preempted Whereas the United States is a great coun- ican charitable community, which by any Federal law or regulation.’’; try with a strong philanthropic tradition boasts 1.5 million nonprofits, philan- Whereas States have explicit authority that should be continued and carried on; and thropic organizations, and religious granted by Congress and the executive

VerDate Sep 11 2014 04:46 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A01DE6.014 S01DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 1, 2015 CONGRESSIONAL RECORD — SENATE S8245 branch through the Comprehensive Iran AMENDMENTS SUBMITTED AND (1) in paragraph (2)(B) by striking clauses Sanctions, Accountability, and Divestment PROPOSED (ii) and (iii) and inserting the following: Act of 2010 to enact sanctions against Iran or ‘‘(ii) Zero percent for taxable years begin- entities that do business with Iran and can- SA 2874. Mr. MCCONNELL proposed an ning after 2014.’’, and not have such actions be preempted by Fed- amendment to the bill H.R. 3762, to provide (2) in paragraph (3)— eral law or regulation; for reconciliation pursuant to section 2002 of (A) by striking ‘‘$695’’ in subparagraph (A) Whereas the Comprehensive Iran Sanc- the concurrent resolution on the budget for and inserting ‘‘$0’’, tions, Accountability, and Divestment Act of fiscal year 2016. (B) by striking ‘‘and $325 for 2015’’ in sub- 2010, including section 202 of such Act, was f paragraph (B), and enacted by Congress out of concern for illicit (C) by striking subparagraph (D). Iranian behavior, including its state sponsor- TEXT OF AMENDMENTS (b) EFFECTIVE DATE.—The amendments ship of terrorism and human rights abuses; made by this section shall apply to months Whereas 30 States and the District of Co- SA 2874. Mr. MCCONNELL proposed beginning after December 31, 2014. an amendment to the bill H.R. 3762, to lumbia have enacted divestment legislation SEC. 103. EMPLOYER MANDATE. or policies against Iran by refusing to invest provide for reconciliation pursuant to (a) LARGE EMPLOYERS NOT OFFERING State and local pensions in international section 2002 of the concurrent resolu- HEALTH COVERAGE.—Paragraph (1) of section corporations that do business with Iran; tion on the budget for fiscal year 2016; 4980H(c) of the Internal Revenue Code of 1986 Whereas 11 States have enacted laws or as follows: is amended by inserting ‘‘($0 in the case of policies that prohibit awarding State or months beginning after December 31, 2014)’’ local government contracts to companies or Strike all after the enacting clause and in- sert the following: after ‘‘$2,000’’. financial institutions that do business with (b) LARGE EMPLOYERS OFFERING COVERAGE TITLE I—FINANCE Iran; WITH EMPLOYEES WHO QUALIFY FOR PREMIUM Whereas such laws and regulations in no SEC. 101. FEDERAL PAYMENT TO STATES. TAX CREDITS OR COST-SHARING REDUCTIONS.— way interfere with the conduct of United (a) IN GENERAL.—Notwithstanding section Paragraph (1) of section 4980H(b) of the Inter- States foreign policy; 504(a), 1902(a)(23), 1903(a), 2002, 2005(a)(4), nal Revenue Code of 1986 is amended by in- Whereas States and local governments 2102(a)(7), or 2105(a)(1) of the Social Security serting ‘‘($0 in the case of months beginning adopted such laws and regulations out of a Act (42 U.S.C. 704(a), 1396a(a)(23), 1396b(a), after December 31, 2014)’’ after ‘‘$3,000’’. shared concern for illicit Iranian behavior, 1397a, 1397d(a)(4), 1397bb(a)(7), 1397ee(a)(1)), or (c) EFFECTIVE DATE.—The amendments including its state sponsorship of terrorism the terms of any Medicaid waiver in effect on made by this section shall apply to months and human rights violations; the date of enactment of this Act that is ap- beginning after December 31, 2014. Whereas on July 14, 2015, the P5+1 coun- proved under section 1115 or 1915 of the So- SEC. 104. REPEAL OF MEDICAL DEVICE EXCISE tries and Iran agreed to the Joint Com- cial Security Act (42 U.S.C. 1315, 1396n), for TAX. prehensive Plan of Action (in this resolution the 1-year period beginning on the date of (a) IN GENERAL.—Chapter 32 of the Internal referred to as the ‘‘JCPOA’’); enactment of this Act, no Federal funds pro- Revenue Code of 1986 is amended by striking Whereas Iran divestment laws and regula- vided from a program referred to in this sub- subchapter E tions adopted by States and local govern- section that is considered direct spending for (b) EFFECTIVE DATE.—The amendment ments in no way prevent the implementation any year may be made available to a State made by this section shall apply to sales in of the lifting of sanctions as specified in the for payments to a prohibited entity, whether calendar quarters beginning after the date of JCPOA; made directly to the prohibited entity or the enactment of this Act. Whereas, on July 28, 2015, under testimony through a managed care organization under to the Committee on Foreign Affairs of the SEC. 105. REPEAL OF THE TAX ON EMPLOYEE contract with the State. HEALTH INSURANCE PREMIUMS House of Representatives, Secretary of State (b) DEFINITIONS.—In this section: AND HEALTH PLAN BENEFITS. John Kerry confirmed that States’ legal au- (1) PROHIBITED ENTITY.—The term ‘‘prohib- (a) EXCISE TAX.—Chapter 43 of the Internal thority to enact sanctions against Iran ited entity’’ means an entity, including its Revenue Code of 1986 is amended by striking would not be affected by the implementation affiliates, subsidiaries, successors, and clin- section 4980I. of the JCPOA; (b) EFFECTIVE DATE.—The amendment Whereas, on September 30, 2015, Chris ics— made by subsection (a) shall apply to taxable Backemeyer, the Principal Deputy Coordi- (A) that, as of the date of enactment of years beginning after December 31, 2017. nator for Sanctions Policy at the Depart- this Act— (c) REINSTATEMENT.—The amendment ment of State, stated in reference to sanc- (i) is an organization described in section made by subsection (a) shall not apply to tions by State and local governments 501(c)(3) of the Internal Revenue Code of 1986 taxable years beginning after December 31, against Iran, ‘‘We certainly discussed this and exempt from tax under section 501(a) of 2024, and chapter 43 of the Internal Revenue issue when we were in the negotiations, and such Code; Code of 1986 is amended to read as such chap- at the present time we do not feel like any (ii) is an essential community provider de- ter would read if such subsection had never of those pieces of legislation jeopardize our scribed in section 156.235 of title 45, Code of been enacted. ability to implement the JCPOA, and we are Federal Regulations (as in effect on the date quite clear about that.’’; and of enactment of this Act), that is primarily SEC. 106. RECAPTURE OF EXCESS ADVANCE PAY- MENTS OF PREMIUM TAX CREDITS. Whereas sanctions targeting Iran’s spon- engaged in family planning services, repro- (a) IN GENERAL.—Subparagraph (2) of sec- sorship of terrorism and human rights viola- ductive health, and related medical care; and tion 36B(f) of the Internal Revenue Code of tions, including State and local government (iii) provides for abortions, other than an 1986 is amended by striking subparagraph divestment laws and regulations, remain a abortion— (B). core national security priority of the United (I) if the pregnancy is the result of an act (b) EFFECTIVE DATE.—The amendment States: Now, therefore, be it of rape or incest; or Resolved by the Senate (the House of Rep- (II) in the case where a woman suffers from made by this section shall apply to taxable resentatives concurring), That Congress— a physical disorder, physical injury, or phys- years ending after December 31, 2015. (1) reaffirms its commitment to stopping ical illness that would, as certified by a phy- TITLE II—HEALTH, EDUCATION, LABOR Iran’s sponsorship of terrorism and human sician, place the woman in danger of death AND PENSIONS rights violations; unless an abortion is performed, including a SEC. 201. REPEAL OF THE PREVENTION AND PUB- (2) reaffirms its legislative intent that the life-endangering physical condition caused LIC HEALTH FUND. Comprehensive Iran Sanctions, Account- by or arising from the pregnancy itself; and (a) IN GENERAL.—Section 4002(b) of the Pa- ability, and Divestment Act of 2010 (Public (B) for which the total amount of Federal tient Protection and Affordable Care Act (42 Law 111–195; 22 U.S.C. 8501 et seq.), including and State expenditures under the Medicaid U.S.C. 300u–11(b)) is amended— section 202 of such Act, was enacted to deter program under title XIX of the Social Secu- (1) in paragraph (2), by striking ‘‘2017’’ and illicit Iranian behavior, including its spon- rity Act in fiscal year 2014 made directly to inserting ‘‘2015’’; and sorship of terrorism and human rights viola- the entity and to any affiliates, subsidiaries, (2) by striking paragraphs (3) through (5). tions; and successors, or clinics of the entity, or made (b) RESCISSION OF UNOBLIGATED FUNDS.—Of (3) strongly supports continued State and to the entity and to any affiliates, subsidi- the funds made available by such section local government sanctions targeting Iran’s aries, successors, or clinics of the entity as 4002, the unobligated balance is rescinded. illicit activity, including divestment of as- part of a nationwide health care provider SEC. 202. FUNDING FOR COMMUNITY HEALTH sets from companies investing in Iran and network, exceeded $350,000,000. CENTER PROGRAM. prohibition of investment of the assets of the (2) DIRECT SPENDING.—The term ‘‘direct Effective as if included in the enactment of State or local government in any person that spending’’ has the meaning given that term the Medicare Access and CHIP Reauthoriza- the State or local government determines, under section 250(c) of the Balanced Budget tion Act of 2015 (Public Law 114–10, 129 Stat. using credible information available to the and Emergency Deficit Control Act of 1985 (2 87), paragraph (1) of section 221(a) of such public, engages in investment activities in U.S.C. 900(c)). Act is amended by inserting after ‘‘Section Iran, as authorized by section 202 of the SEC. 102. INDIVIDUAL MANDATE. 10503(b)(1)(E) of the Patient Protection and Comprehensive Iran Sanctions, Account- (a) IN GENERAL.—Section 5000A(c) of the In- Affordable Care Act (42 U.S.C. 254b–2(b)(1)(E)) ability, and Divestment Act of 2010. ternal Revenue Code of 1986 is amended— is amended’’ the following: ‘‘by striking

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PERSONAL EXPLANATION HONORING THE 90TH ANNIVER- Ormond on her retirement after 33 years in SARY OF THE ZONTA CLUB OF the New Hampshire Public School System, HON. JAIME HERRERA BEUTLER KENMORE and thank her for the outstanding work she did OF WASHINGTON during her career. Ms. Ormond’s continuous progression within IN THE HOUSE OF REPRESENTATIVES HON. BRIAN HIGGINS OF NEW YORK the education community from her time at Tuesday, December 1, 2015 IN THE HOUSE OF REPRESENTATIVES Grinnell Elementary School, to her most re- Ms. HERRERA BEUTLER. Mr. Speaker, the Tuesday, December 1, 2015 cent position as superintendent of the Inter- evening of November 30th, I am not recorded Lakes School District, exemplifies her dedica- Mr. HIGGINS. Mr. Speaker, I stand before on two votes because I was absent due to ill- tion and professionalism. you today to honor the Zonta Club of Kenmore ness. The creativity, knowledge, and experience on the occasion of their 90th anniversary. Ms. Ormond brought to classrooms throughout If I had been present, I would have voted: Their service and advocacy is deserving of Yes, on rollcall 644, to remove the use restric- the Granite State has been invaluable, and it’s recognition and gratitude. clear she leaves an example of strong leader- tions on certain land transferred to Rocking- Nine decades ago, several Kenmore women ship for others to emulate in her wake. ham County, Virginia, and for other purposes; met with Marian DeForest; past Chairman of It is with great admiration that I congratulate and Yes on rollcall 645, the Billy Frank Jr. Tell the Confederation of Zonta Clubs, Ellen Bixby; Ms. Ormond on her retirement, and wish her Your Story Act. then Vice-President of the Zonta Club of Buf- the best on all future endeavors. falo, and Florence Fuchs, at the home of Jes- f sie E. Webster on LaSalle Avenue in Ken- f HONORING THE JOHNSON–PHELPS more. The Club was formally organized on IN REMEMBRANCE OF DR. H. VFW POST ON THEIR 80TH ANNI- December 2, 1925 at the home of Mrs. Aurelia GILBERT MILLER VERSARY Opperman. On December 7, 1925 the Zonta Club of Kenmore received its charter—Charter #38, HON. BARBARA COMSTOCK HON. DANIEL LIPINSKI with fifteen members. Their first weekly lunch- OF VIRGINIA OF ILLINOIS eon meeting was held on Wednesday, De- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES cember 9, 1925 at the Kenmore YWCA. Since Tuesday, December 1, 2015 Tuesday, December 1, 2015 its inception, the Zonta Club of Kenmore has dedicated itself to service work and commit- Mrs. COMSTOCK. Mr. Speaker, on behalf Mr. LIPINSKI. Mr. Speaker, I rise today to ment to the community. of myself and Congressman ROBERT HURT, I honor the Johnson-Phelps Veterans of Foreign In their first year of service work, the mem- submit these remarks in remembrance of Dr. Wars Post 5220 of Oak Lawn, Illinois, on its bers decided to help further the education of H. Gilbert Miller, an enthusiastic innovator, a 80th anniversary. Through the work of its a girl or woman in need, to provide her an op- champion of technology, and a good man. We members, the Johnson-Phelps VFW has made portunity to earn a living. Fundraising projects, join the Miller family to mourn his loss, which a difference in the lives of countless people such as Monster Theater parties at the Ken- is felt by all who knew him, and celebrate his and has had a tremendous positive impact on more Theater, Annual Stunt Days, book re- life, which has left an indelible impact on many the community. The post is an exemplary or- views, card parties, bake sales, and rummage in our districts and the Commonwealth of Vir- ganization in the Third District and its mem- sales all helped to accomplish this noble ob- ginia. bers exemplify the unyielding bravery, cour- jective. Dr. Miller was a visionary—a gifted engineer age, and perseverance of America’s Armed On April 19, 1975, the Club celebrated their who spent his career supporting the develop- Forces. 50th Anniversary at a dinner held at the Pack- ment and innovation of cutting edge tech- In 1945 a group of veterans returning from et Inn, in Tonawanda, New York. Some of the nology into our federal government programs the Second World War formed the post and organizations that have benefitted from the most recently as Chief Technology Officer of named it for Mr. Raymond Johnson and Mr. good efforts of the Zonta Club over the years Noblis, Inc., a non-profit science, technology, Leslie Phelps, both killed in action during are the Girl Scouts of America, The American and strategy organization. At Noblis, he was WWII. Mr. Johnson’s and Mr. Phelps’ names Red Cross, Kenmore Mercy Hospital, and the champion behind the development of the were chosen from a hat that included the many more. Noblis Innovation and Collaboration Center— names of all 23 men from the Oak Lawn area Today, with a membership of 20 dedicated the NICC—a place where great minds had that were killed in the war. The current post women, the motto of the Zonta Club of Ken- room to grow and an incubator for trans- building was completed in 1951, built in large more is ‘‘Small but Mighty.’’ formative collaborations that yielded innova- part by the post’s own members. Johnson- Mr. Speaker, thank you for allowing me a tions and discoveries. Dr. Miller’s mission was Phelps later merged with six other posts in few moments to honor and recognize the to help solve the world’s toughest big data and Southwest Chicagoland, the oldest of which Zonta Club of Kenmore. I ask that my col- analytic challenges by seeding and developing was chartered in 1935. leagues join me in congratulating the Zonta the nation’s best minds and supporting their Johnson-Phelps VFW Post 5220 is led Club on these accomplishments and their con- efforts with the power of technology. His lead- today by Commander Richard Bukowski, Sr. tinuous contributions to the community. ership brought one of the world’s largest and Vice Commander Thomas Krone, and Jr. Vice f most dynamic supercomputers to Danville, Vir- Commander Bryant Reed. Their dedication to HONORING MARY ELLEN ORMOND ginia for private sector use. serving the community is shown through pro- ON THE OCCASION OF HER RE- But Dr. Miller’s love for technology and inno- grams such as the well-known Voice of De- TIREMENT AFTER 33 YEARS IN vation went far beyond the walls of Noblis. He mocracy and Patriots Pen Scholarship Com- THE NEW HAMPSHIRE PUBLIC was a passionate supporter of STEM edu- petitions. They also provide for the public by SCHOOL SYSTEM cations. Dr. Miller chaired and served on nu- hosting and sponsoring important events in merous volunteer, educational advisory the community such as Memorial Day and boards, including most recently as Vice Chair- Veterans Day services. HON. FRANK C. GUINTA man of the Dean’s Advisory Board for the OF NEW HAMPSHIRE Mr. Speaker, I ask my colleagues to join me Volgenau School of Engineering at George IN THE HOUSE OF REPRESENTATIVES in recognizing the members of the Johnson- Mason University and on the advisory board Phelps VFW Post of Oak Lawn, Illinois, for all Tuesday, December 1, 2015 for the Data Analytics Engineering Program at they have done for our nation and the commu- Mr. GUINTA. Mr. Speaker, I would like to George Mason University. In recognition of his nity over the past 80 years. express my congratulations to Ms. Mary Ellen many accomplishments, his leadership role in

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 04:44 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K01DE8.001 E01DEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1682 CONGRESSIONAL RECORD — Extensions of Remarks December 1, 2015 advancing science and technology at Noblis Protecting the right to vote for all Ameri- these painful and debilitating digestive dis- and in support of Noblis’ federal government cans, especially those traditionally excluded eases creates a significant burden on the clients as well as advancing the public-private from the democratic process should be top pri- community and economy. Every year, there is partnership with the Commonwealth of Vir- ority for us all. Every eligible voter must be al- more than $1.26 billion in direct and indirect ginia, in 2011 Dr. Miller received the CTO In- lowed to cast his or her ballot unhindered by costs to the United States healthcare system novator Award from the Northern Virginia laws that deter participation in our democracy. due to surgeries and hospitalizations as a re- Technology Council. As Members of Congress, we must speak sult of IBD complications. But more than his extensive list of profes- up for the voices of the excluded. If we do not This week, patient advocates from the sional accomplishments, Dr. Miller was a lov- act then we risk silencing these voices forever. Crohn’s and Colitis Foundation of America ing husband, a caring father and a devoted We must fight to restore the critical protections (CCFA) are marching on Washington to meet grandfather. His greatest joy was in spending of the Voting Rights Act of 1965 that were with their Representatives and ask them to be time with his family. We extend our deepest struck down in the Shelby vs Holder case. a part of the movement and join the bipartisan sympathies to Gil’s wife, Dot, and three chil- Now is the time to restore the vote. Crohn’s and Colitis Congressional Caucus. I dren Ryan, Matthew, and Kristen, his grand- f would like to extend a warm welcome to Mr. children, and the entire Miller family. We hope Michael Osso, as CCFA celebrates the foun- that they can take comfort in the love they CONGRATULATING THE ELDON dation’s newest President and CEO. Mr. Osso share and the knowledge that they do not HIGH SCHOOL CHEERLEADING is taking over from recently retired Mr. Richard walk alone in their grief. We have lost Gil far SQUAD FOR THEIR 2015 MISSOURI Geswell, who in his turn has dedicated 10 too soon, but his legacy lives on. Thank you CHEERLEADING COACHES ASSO- years of remarkable leadership and service for for sharing him and his talents with us. We are CIATION CLASS 3 STATE CHAM- patients with IBD. I am confident that Mr. forever grateful. PIONSHIP Osso will continue Mr. Geswell’s legacy of re- f markable vision and drive on the journey for- IN SUPPORT OF H.R. 2967 THE VOT- HON. BLAINE LUETKEMEYER ward towards a cure. ING RIGHTS ADVANCEMENT ACT OF MISSOURI As co-chair of the bipartisan Crohn’s and IN THE HOUSE OF REPRESENTATIVES Colitis Congressional Caucus, a group of dedi- cated Members educating the public and other Tuesday, December 1, 2015 HON. TERRI A. SEWELL Members of Congress on IBD, I am grateful OF ALABAMA Mr. LUETKEMEYER. Mr. Speaker, I rise for the opportunity to raise awareness for IBD IN THE HOUSE OF REPRESENTATIVES today to ask my colleagues to join me in con- as well as improve patients’ access to treat- Tuesday, December 1, 2015 gratulating the Eldon Mustangs for their first ments. Let us use this week, IBD Awareness Ms. SEWELL of Alabama. Mr. Speaker, place win in the 2015 Missouri Cheerleading Week, as a call to action for all Americans. today I rise in support of H.R. 2967 the Voting Coaches Association Class 3, Large Division, Together, with the help of researchers, edu- Rights Advancement Act and to recognize State Championship. cators, medical professionals, patients, and today as Restoration Tuesday. This cheerleading squad and their coach families, we can find a cure and end this dev- Our sacred right to vote has come under at- should be commended for all of their hard astating disease for millions of people around tack in numerous states across the country in work throughout this past year and for bringing the world. Mr. Speaker, I congratulate CCFA the aftermath of the Supreme Court’s ruling in home this first place state championship to on their efforts to bring awareness to this Shelby County v. Holder. Many states, includ- their school and community. awful disease and I urge my colleagues to ing my home state of Alabama, have enacted I ask you to join me in recognizing the recognize Crohn’s and Colitis Awareness pernicious and burdensome voter ID laws that Eldon Mustangs for a job well done. Week as a way to build upon our efforts for have the practical effect of restricting access f the IBD patient community and to join the to the polls for low income and minority voters. Crohn’s and Colitis Congressional Caucus. IN OBSERVANCE OF NATIONAL IBD Recently, Alabama closed 31 DMVs, leaving f 29 Alabama counties without a DMV. Fifteen AWARENESS WEEK of those counties are located in rural Black HONORING THE LIFE AND LEGACY Belt communities. Driver’s licenses are the HON. ANDER CRENSHAW OF GENERAL JOHN ROGERS most popular form of photo identification used OF FLORIDA GALVIN to vote. The heart of the problem lies with ac- IN THE HOUSE OF REPRESENTATIVES cess. How can Alabama require a photo ID to Tuesday, December 1, 2015 HON. SETH MOULTON vote, and then limit access to the most pop- OF MASSACHUSETTS ular form of ID used? It is unconscionable that Mr. CRENSHAW. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES my constituents will be denied their constitu- in observance of National IBD Awareness Tuesday, December 1, 2015 tionally protected right to vote because they Week, which brings attention to over 1.6 mil- do not have access to a valid photo ID. lion Americans affected by Crohn’s disease Mr. MOULTON. Mr. Speaker, I rise today to Despite the Governor’s recent decision to and ulcerative colitis, collectively known as in- honor the memory of General John Rogers reopen these DMVs once a month, critical ac- flammatory bowel disease, or IBD. Galvin, who died on September 25 of this year cess to these commonly used forms of photo These disorders impact the gastrointestinal at the age of 86. IDs is still an issue for far too many minorities, tract, the area of the body where digestion Born in Wakefield, Massachusetts, General senior citizens, and those living in rural com- takes place. They cause inflammation of the Galvin committed his life and career to de- munities. The reality is that opening these of- intestine, which leads to ongoing symptoms fending and serving our country. As a child, he fices for once a month provides only bare min- and complications. There is currently no created the Pleasant Street Army to protect imum access, and that is unacceptable. Had known cause or cure for IBD, and individuals his neighborhood during World War II, served the preclearance requirements of the Voting with IBD may suffer from various symptoms four years as an enlisted soldier in the Massa- Rights Act of 1965 still been in place, Ala- from mild to severe abdominal pain, diarrhea, chusetts Army National Guard, graduated from bama’s decision to close these DMVs would fever, and intestinal bleeding. The impacts are the United States Military Academy in 1954, have likely had to have been reviewed by the devastating to both patients and their families. and served two tours in Vietnam as a brigade Department of Justice. Unfortunately, IBD can affect anyone, operations officer and battalion commander. In Alabama, the DMV closures occurred though it is most commonly diagnosed in ado- General Galvin’s forty-four year military ca- under the guise of budgetary concerns. Any lescents and young adults between 15 and 25 reer culminated in his service as the Supreme budgetary savings are far outweighed by the years old. And though we still do not have all Allied Commander in Chief of U.S. European discriminatory impact these closures will have the answers, there is hope. An increasing Command and NATO Commander in 1987 on my constituents’ ability to access the polls. number of genes have been identified—over during the collapse of the Soviet Union and But these types of discriminatory decisions are 100 today—that may cause an increase in the the end of the Cold War. During his tenure, not exclusive to Alabama. These DMV clo- risk of developing IBD, confirming that IBD General Galvin confronted the breakup of sures are indicative of a broader and system- has a strong genetic component. With these Yugoslavia, provided vital protection to Kurds atic effort that threatens to undermine our discoveries and new technological advances, in northern Iraq during the regime of Saddam most basic right as Americans—the right to researchers are working furiously to find Hussein, and transitioned NATO’s military vote. cures. Despite this, the unpredictable nature of strategy from large-scale containment to

VerDate Sep 11 2014 04:44 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K01DE8.005 E01DEPT1 smartinez on DSK4TPTVN1PROD with REMARKS December 1, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1683 small-conflict peacekeeping and counterinsur- aging Technician classification. After a dec- Ms. Warwick is a pillar of American pop gency. ade-long fight, unit publicists this year finally music and culture. She began singing in East Following his retirement from the military, won the ability to earn their health and pen- Orange, New Jersey during her childhood General Galvin transitioned to academia, serv- sion benefits across the United States. The years. Her gospel roots marry well with R&B ing as the sixth dean of the Fletcher School of Local’s political presence has been particularly and pop in a way that transcends culture and Law and Diplomacy at Tufts University from felt in California, where Bruce led Local 600 race. Ms. Warwick is a five-time Grammy 1995 to 2000. campaigns supporting time and a half over- Award-winning singer and the second most- He was considered a mentor to many of our time pay, the doubling of unemployment bene- charted female vocalist of all time, with 69 sin- country’s leading national security and military fits, and supporting union member voices in gles on the Billboard Hot 100 charts. She be- experts, including a personal mentor of mine, politics. came a superstar with early hits like ‘‘Walk on General David Petraeus. General Galvin liked Bruce’s success in guiding IATSE Local By’’ and ‘‘I Say a Little Prayer,’’ and followed to say the word ‘‘impossible’’ does not exist 600, and his exceptional career as leader in them up for decades with hits including ‘‘Do and often advised, ‘‘it doesn’t do any good to the union movement is a true inspiration for all You Know the Way to San Jose,’’ ‘‘I’ll Never study all the books on leadership if you of us. We thank him for his service, his leader- Love This Way Again,’’ and ‘‘That’s What haven’t studied yourself and know who you ship in the community, and for being a role Friends Are For.’’ are.’’ model for so many. As a performer, Ms. Warwick delighted audi- I join the Wakefield community in recog- f ences all around the world. Her talents re- nizing General Galvin’s achievements that will ceived a star on Hollywood’s ‘‘Walk of Fame.’’ continue to inspire the next generation of lead- RECOGNIZING THE 40TH ANNIVER- She was also honored by Oprah Winfrey at ers. His legacy lives on through his wife Vir- SARY OF THE LACONIA CHRIST- the 2005 Legends Ball. As an activist, Ms. ginia, his four daughters, and five grand- MAS VILLAGE Warwick has devoted countless hours and children. supported a number of charities and causes. f HON. FRANK C. GUINTA Always one to aid those in need, Ms. War- OF NEW HAMPSHIRE wick advocates on behalf of music education, HONORING BRUCE C. DOERING IN THE HOUSE OF REPRESENTATIVES world hunger, disaster relief, and children’s Tuesday, December 1, 2015 hospitals. She has used her stardom over five HON. JUDY CHU Mr. GUINTA. Mr. Speaker, I rise today to decades to raise awareness about major OF CALIFORNIA recognize the 40th anniversary of the Laconia health issues, including AIDS and senior cit- IN THE HOUSE OF REPRESENTATIVES Christmas Village in Laconia, New Hampshire. izen health. For her commitment, President Tuesday, December 1, 2015 I am pleased to join with the City of Laconia Ronald Reagan and the U.S. Department of and its residents in commemorating this won- Health & Human Services appointed her U.S. Ms. JUDY CHU of California. Mr. Speaker, Ambassador of Health in 1987. In 2002, she I rise today to recognize a dedicated leader in derful event and holiday tradition for Granite Staters in the Lakes Region of New Hamp- served as Global Ambassador for Health and the labor movement and entertainment indus- Ambassador for the United Nations’ Food & try, Bruce C. Doering, on his retirement as the shire. This is a great achievement as the annual Agriculture Organization. She is currently Executive Director of the International Cine- working to ensure Medicare covers the best matographer’s Guild, IATSE Local 600. His re- Christmas Village is organized and run by local volunteers in Laconia, who not only help method of administering FDA approved drugs tirement marks the end of a remarkable three in cataract surgery, a procedure she herself decades of improving the lives and working build the actual village and attractions, but work together to provide all the resources has undergone. conditions for thousands of entertainment in- I join all of Dionne Warwick’s friends and dustry union members across the United needed to put on this yearly event. The event is free to the public and sees roughly 2,500 loved ones in celebrating her many achieve- States. ments and contributions, and I wish Ms. War- Bruce Doering has been actively involved in children come through to see Santa Claus and receive a Christmas present, and for some wick—the jewel of New Jersey’s 10th Con- the union movement from an early age. As a gressional District—a very happy 75th birth- young steel worker in Chicago, Bruce helped children this is their only holiday celebration. Volunteers not only help in the preparation of day. I have no doubt that Ms. Warwick will start a union newspaper to expose poor work- continue to use her voice to captivate inter- ing conditions. He was instrumental in a Chi- the event, but help with entertainment, pro- viding refreshments and welcoming families national audiences, through her music and her cago Sun Times expose´ that led to stronger dedication to the human condition. safety regulations and increased incentive bo- from across the region to the city. f nuses for employees. In 1985, he went to With the goal of providing a family friendly work for the International Alliance of Theatrical event to usher in the holiday season, these COMMEMORATING WORLD AIDS Stage Employees (IATSE) to begin a career volunteers and the community have come to- DAY 2015 that would have a significant influence on a gether beautifully to highlight the wonder and rapidly expanding creative industry. merriment of the Christmas season. Joined HON. JIM McDERMOTT After initially serving as the Executive Direc- with the efforts of local volunteers who give their time and resources to make the village a OF WASHINGTON tor of Local 659, in Hollywood, Bruce oversaw IN THE HOUSE OF REPRESENTATIVES the merger of three camera unions into a pow- success, this is a testament to the strong erful national Cinematographers Guild in 1996. sense of community and support this event Tuesday, December 1, 2015 Members are now able to work around the has had in Laconia over the last 40 years. Mr. MCDERMOTT. Mr. Speaker, December I am proud to join with my fellow Granite country on projects and still receive their 1st is World AIDS Day. This past weekend Staters in recognizing the 40th anniversary of health and retirement benefits. While retire- Americans celebrated the Thanksgiving holi- the Laconia Christmas Village, and wish them ment funds were being slashed around the day. It is a time of reflection and appreciation. all the best in their future years. country, Bruce pushed hard to maintain mem- Similarly, World AIDS Day is a moment for us ber eligibility and helped to grow a retirement f to reflect on our past challenges, appreciate fund based on a percentage of members’ IN RECOGNITION OF DIONNE the great strides we have made, and acknowl- hourly earnings. As a member of the Board of WARWICK edge that serious work remains to eradicate Directors at the Motion Picture Pension and the disease. Congress has played a vital role, Health Plans since 1986, Bruce has served on HON. DONALD M. PAYNE, JR. and our future success requires continued numerous committees protecting and enhanc- OF NEW JERSEY Congressional action and vigilance. Today, we can take heart in the knowledge ing the benefits workers and their families re- IN THE HOUSE OF REPRESENTATIVES ceive. that new HIV infections worldwide have de- Bruce’s tenacity has helped create more job Tuesday, December 1, 2015 creased by 35% since 2000. The President’s opportunities for members, and ensured them Mr. PAYNE. Mr. Speaker, I rise today to Emergency Plan for AIDS Relief (PEPFAR) a path into the middle class. During his tenure, honor New Jersey-native and music marvel, has been a vanguard effort through which Local 600 expanded its reach considerably Ms. Dionne Warwick. The legendary Ms. War- rates of infection have dropped in areas of the into reality television. In 2001, he was in the wick is world renowned not only for her incred- world hit the hardest by the epidemic. Its initia- vanguard of the industry’s rapidly changing ible music career, but also for her humani- tives are critical to saving lives and preventing technology, helping recognize the Digital Im- tarian and philanthropic work. new infections.

VerDate Sep 11 2014 04:44 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K01DE8.009 E01DEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1684 CONGRESSIONAL RECORD — Extensions of Remarks December 1, 2015 Our efforts abroad are not just about where HONORING THE NATIONAL BAR I ask my colleagues to join me in saluting the disease is located, but also who it impacts. ASSOCIATION’S CIVIL RIGHTS the significant contributions and achievements From decreasing mother-to-child transmission COMMEMORATION TOUR to this nation of black lawyers and the Na- and addressing the nuances of co-infections tional Bar Association during this 60th com- and co-morbidities to confronting the stigmas HON. TERRI A. SEWELL memoration of the Montgomery Bus Boycott. that undermine prevention and hinder access OF ALABAMA f IN THE HOUSE OF REPRESENTATIVES to life-saving healthcare, we are better posi- IN HONOR OF BONNIE CARROLL, tioned to confront the disease in all its stages Tuesday, December 1, 2015 RECIPIENT OF THE PRESI- and improve the quality of life for those living Ms. SEWELL of Alabama. Mr. Speaker, I DENTIAL MEDAL OF FREEDOM with the disease. rise today in honor of the National Bar Asso- FOR HER COMMITMENT TO ciation’s Civil Rights Commemoration Tour Complementing this effort is our continued HEALING FAMILIES OF FALLEN during the 60th Commemoration of the Mont- MEMBERS OF THE ARMED SERV- march forward on the scientific front. While we gomery Bus Boycott. Today, we honor the piv- ICES have made great strides in drug development, otal role that black lawyers played during the this effort has been hampered by Congress’ Montgomery Bus Boycott and the Civil Rights HON. BARBARA COMSTOCK reluctance to fully support basic research in Movement. the sciences through the National Institutes of Sixty years ago, demonstrators in Mont- OF VIRGINIA Health. Furthermore, we must work hard to gomery boldly challenged the segregated bus IN THE HOUSE OF REPRESENTATIVES ensure that treatment is accessible to every- system with the help of talented black attor- Tuesday, December 1, 2015 one across the socio-economic spectrum, both neys who were committed to eradicating social Mrs. COMSTOCK. Mr. Speaker, I rise today domestically and internationally. injustices across the State of Alabama. Gifted to recognize my constituent, Bonnie Carroll, of lawyers like Thurgood Marshall, Fred Gray, Loudoun County, Virginia, who received the I served as a medical officer with the U.S. Constance Baker Motley, U.W. Clemon and State Department in sub-Saharan Africa just Presidential Medal of Freedom on November countless other African American attorneys ar- 24th. The Presidential Medal of Freedom is as the full force of the AIDS epidemic became gued and won some of the most pivotal cases our nation’s highest civilian honor, and I am readily apparent. Infection was, by and large, of the Civil Rights and Voting Rights Move- humbled to recognize Mrs. Carroll today. a death sentence. Today, with anti-viral treat- ment. Yet so often we overlook the coura- Mrs. Carroll is a retired major in the United ments we can talk about people living with geous men and women who bravely defeated States Air Force Reserve who has dedicated the government sanctioned oppression that AIDS, but this also reminds us that confronting her career to aiding family members of our na- was Jim Crow in the courtroom. Each of their the disease is more than just biology, but also tion’s veterans and service members. Fol- stories is embedded in the fabric of this nation public health and the social impact of the dis- lowing the death of her husband—Brig. Gen. for they contributed to making America a more ease. One of my first accomplishments as a Tom Charles Carroll, who died in an Army C– fair and just society. Member of Congress was to work with my col- The State of Alabama was home to some of 12 plane crash in Alaska in 1992—she found- leagues to pass legislation that ensures those the key black lawyers in the civil rights move- ed the Tragedy Assistance Program for Sur- with AIDS have access to housing. Today, the ment. One of the most impactful lawyers of vivors (TAPS), which seeks to support families Housing Opportunities for People with AIDS the Movement was Alabama native, Fred who have lost loved ones in the military. program (HOPWA) continues to help ensure Gray. Attorney Fred Gray came to prominence Mrs. Carroll utilized the resources given to her following her husband’s death to start this that those living with AIDS affordable housing representing key figures in the Montgomery Bus Boycott including Dr. Martin Luther King, fantastic organization that offers help to so and contributes to the stability needed to pro- many families who are grieving. As Founder mote adherence to treatment regimens. Jr., Claudette Colvin, and Rosa Parks. He rep- resented Rosa Parks on appeal for her convic- and President, Mrs. Carroll has made it her Today, we see overall declines in infection tion for violating Montgomery’s public transit priority to provide resources to families of fall- rates, but we must acknowledge that in some segregation law which ultimately led to the de- en service members in their time of need. communities, this is not the case. While most segregation of buses throughout the City of TAPS runs a peer support network that con- sub-Saharan countries of Africa have seen de- Montgomery. Attorney Fred Gray later secured nects families with others who are grieving creases in rates of infection, this has not been a victory in Williams v. Wallace (1963) which across the United States. Since its founding, the case in Angola and Uganda. Similarly, in protected the Selma to Montgomery marchers. TAPS has assisted over 50,000 family mem- bers. the United States we see a geographical shift Attorney Fred Gray continues today to provide legal counsel to so many in the fight for social Mrs. Carroll, we thank you for your steward- in rates of infection with the southeastern ship in our community and your lifelong com- United States showing higher rates than other and economic justice. Attorney Fred Gray’s in- delible legacy paved the way for many other mitment to public service. You have made parts of the country. If past is precedent, black lawyers including Judge U.W. Clemon, your nation and the 10th District of Virginia meeting these challenges must start with a Alabama’s first black federal judge and Judge proud. I wish you the best of success in the strong commitment to education, based in Oscar Adams who was the first African-Amer- years to come. science, and dedicated to empowering com- ican Alabama Supreme Court Justice. f munities through knowledge to confront the Likewise, the National Bar Association has RECOGNIZING MAJOR MATTHEW R. disease. consistently been recognized for its commit- KELLEY As we commemorate World AIDS Day this ment to spearheading efforts to uplift those that are oppressed and disenfranchised. Since year, we can draw inspiration from our inter- its inception in 1924, the National Bar Asso- HON. STEVE ISRAEL national response to the AIDS epidemic. Rath- ciation has fostered and supported the impor- OF NEW YORK er than a fearful reaction, ill-equipped because tant role of black lawyers in the fight for equal IN THE HOUSE OF REPRESENTATIVES of ignorance, and disengaged because of justice. Today, that legacy continues under the Tuesday, December 1, 2015 empty rhetoric, the United States is rising to leadership of its President Attorney Benjamin meet the challenge of an AIDS-free genera- Crump who is a modern-day example of what Mr. ISRAEL. Mr. Speaker, I rise to pay trib- tion; motivated by compassion and the pursuit it means to fight for equality and justice in the ute to Major Matthew R. Kelley for his dedica- of wellbeing, armed with science, and com- courtroom. tion to duty and service as an Army Congres- mitted through the dedication of resources. As a Member of Congress and a former sional Fellow and Congressional Budget Liai- son for the Assistant Secretary of the Army We can take pride in how far we have come, member of the National Bar Association, I am honored to welcome the association to my dis- (Financial Management and Comptroller). but our success must not breed a false sense trict during the 60th commemoration of the Major Kelley will be transitioning from his of security. Our work is not done and Con- Montgomery Bus Boycott. During this special present assignment to serve in the 3rd Infantry gress must provide the resources needed to commemoration, we thank the National Bar Division at Fort Stewart, Georgia. ensure the United States government main- Association for all of the work it has done and A native of Ekron, Kentucky, Major Kelley tains its leadership role, both at home and continues to do, and we salute its individual was commissioned as an Armor officer after abroad, in the effort to make an AIDS-free members who are working to make a dif- his graduation from the United States Military generation a reality. ference in the lives of everyday Americans. Academy with a Bachelor of Science degree

VerDate Sep 11 2014 04:44 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K01DE8.013 E01DEPT1 smartinez on DSK4TPTVN1PROD with REMARKS December 1, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1685 in Electrical Engineering. He has subsequently In 1963, Mr. Edwards joined his father and RECOGNIZING GOEUN CHOI, CHRIS- earned a Master’s degree in Legislative Affairs his brother, A.J., in the family business at TIAN HAILE, JASMINE MAR- from the George Washington University. Edwards Funeral Home. He attended TINEZ, CHRISTINA RIMBEY, AND Matt has served in a broad range of assign- Worsham College of Mortuary Science of Chi- EITAN WOLF ments during his Army career. Major Kelley’s cago and then relocated to Fort Valley, where assignments include Armor Officer Student, he became a licensed embalmer and funeral HON. MIKE COFFMAN United States Army Armor School, Fort Knox; director of Georgia. OF COLORADO Tank Platoon Leader, Troop Executive Officer, IN THE HOUSE OF REPRESENTATIVES and Task Force Scout Platoon Leader, 1st Later, Edwards Funeral Home was renamed Squadron, 11th Armored Cavalry Regiment, to C.J. Edwards Funeral Home, Inc. and Mr. Tuesday, December 1, 2015 Fort Irwin; Instructor, Army Reserve Officer Edwards became President and CEO. The Mr. COFFMAN. Mr. Speaker, I rise today to Training Corps at the University of Oregon; foundational values of the funeral home did recognize Goeun Choi, Christian Haile, Jas- Reconnaissance Troop Commander and not change, however, and it remained very mine Martinez, Christina Rimbey and Eitan Headquarters Troop Commander, 4th Squad- much a family business. Mr. Edwards’ wife, Wolf for their hard work and dedication to the ron, 2d Cavalry Regiment, Vilseck, Germany. Mary, their daughter, Denise, and son-in-law people of Colorado’s Sixth District as interns Additionally, Major Kelley was deployed in di- Anthony, along with Mr. Edwards’ sister, Mary in my Washington, D.C. office for the autumn rect support of combat operations in Iraq, from Julia, and her daughter Karen, are all involved of the 114th Congress, First Session. 2005–2006, and Regional Command—South, in the operation of the funeral home. In addi- The work of these young men and women Afghanistan, from 2010–2011. has been exemplary and I know they all have In 2013, Matt was selected to be an Army tion, Mr. Edwards founded Edwards Insurance Agency to add to the business structure. bright futures. They served as tour guides, Congressional Fellow for one year, working in interacted with constituents, and learned a a Congressional office on Capitol Hill. Next, in Mr. Edwards put as much love into serving great deal about our nation’s legislative proc- his role as a Congressional Budget Liaison, his community as he did into his businesses. ess. I was glad to be able to offer this edu- working closely with the House and Senate He served numerous organizations, including cational opportunity to these five and look for- Appropriations Committees, Matt ensured the the NAACP, Alpha Phi Alpha and Sigma Pi ward to seeing them build their careers in pub- Army’s budget positions were well represented Phi fraternities, and various funeral service lic service. and articulated to the Appropriations Commit- trade associations. He was also a Deacon at All five of our interns have made plans to tees. Trinity Baptist Church in Fort Valley, Georgia. continue their education and professional oc- Throughout his career, Major Kelley has cupations in Washington, D.C. and throughout positively impacted his soldiers, peers, and su- In 1970, Mr. Edwards became the first Afri- the United States. I am certain they will suc- periors. Our country has been enriched by his can American to be elected to serve on the ceed in their new roles and wish them all the extraordinary leadership, thoughtful judgment, City Council in Fort Valley. He served four best in their future endeavors. Mr. Speaker, it and exemplary work. I join my colleagues terms and served as Mayor Pro Tem for two is an honor to recognize Goeun Choi, Chris- today in honoring his dedication to our nation years. tian Haile, Jasmine Martinez, Christina Rimbey and invaluable service to the United States Claybon Edwards accomplished much in his and Eitan Wolf for their service this autumn. Congress as an Army Congressional Budget life but none of this would have been possible Liaison. f without the grace of God and the love and Mr. Speaker, it has been a genuine pleas- PERSONAL EXPLANATION ure to have worked with Major Matt Kelley support of his wife of forty-five years, Mary; over the last two years. On behalf of a grateful daughter, Denise; three grandchildren, nation, I join my colleagues today in recog- Sabastian, Samantha, Courtney, and Caitlin; HON. LOUISE McINTOSH SLAUGHTER nizing and commending Matt for his service to and one great-grandchild, Saniya. OF NEW YORK IN THE HOUSE OF REPRESENTATIVES his country and we wish him, his wife Erin, Mr. Speaker, my wife Vivian and I, along and children, Grace, Samuel, Jack, and with the more than 730,000 people of the Sec- Tuesday, December 1, 2015 Tommy all the best as they continue their jour- ond Congressional District, salute Claybon J. Ms. SLAUGHTER. Mr. Speaker, I was un- ney in the United States Army. Edwards for his dedicated service to his com- avoidably detained and missed Roll Call vote f munity. I ask my colleagues in the House of numbers 644 and 645. Had I been present, I IN HONOR OF MR. CLAYBON J. Representatives to join us in extending our would have voted aye on Roll Call vote num- EDWARDS deepest sympathies to his family, friends and bers 644 and 645. loved ones during this difficult time. We pray f HON. SANFORD D. BISHOP, JR. that they will be consoled and comforted by an HONORING ROSA PARKS OF GEORGIA abiding faith and the Holy Spirit in the days, IN THE HOUSE OF REPRESENTATIVES weeks and months ahead. HON. EDDIE BERNICE JOHNSON Tuesday, December 1, 2015 OF TEXAS f Mr. BISHOP of Georgia. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES today to pay tribute to an outstanding public PERSONAL EXPLANATION Tuesday, December 1, 2015 servant, respected businessman, and loving husband, father, and friend, Mr. Claybon J. Ms. EDDIE BERNICE JOHNSON of Texas. Edwards. Sadly, Mr. Edwards passed away on Mr. Speaker, I rise today to honor beloved civil Tuesday, November 3, 2015. A funeral service HON. MARK TAKAI rights activist and ‘‘mother of the Civil Rights was held on Sunday, November 8, 2015 at OF HAWAII Movement,’’ Rosa Parks. Sixty years ago today, Rosa Parks was arrested after refusing 3:00 p.m. at the Peach County High School IN THE HOUSE OF REPRESENTATIVES Auditorium in Fort Valley, Georgia. to give up her seat to a white passenger on Often affectionately referred to as ‘‘Clay,’’ Tuesday, December 1, 2015 a public bus in Montgomery, Alabama. Mr. Edwards was born in Fort Valley to Martin This single act of civil disobedience unwit- and Julia Edwards. In 1950, Mr. Edwards Mr. TAKAI. Mr. Speaker, on Monday, No- tingly helped build the foundation for a nation- earned a Bachelor of Science degree in Busi- vember 30, I was absent from the House due wide movement to end the discriminatory poli- ness Administration from Morris Brown Col- to illness. Due to my absence, I am not re- cies of segregation. She empowered thou- lege in Atlanta, Georgia. Upon graduation, he corded on any legislative measures for the sands of African Americans to come together represented Morris Brown College in a Chi- day. and launch a boycott of Montgomery buses cago-based Life Insurance Program spon- Had I been present, I would have voted that lasted 381 days. Thousands of members sored by Supreme Life Insurance Company. from the African American community rallied ‘‘yea’’ on Roll Call 644, to remove the use re- The program was established for business ad- together to carpool, use African American-op- strictions on certain land transferred to Rock- ministration graduates from Historically Black erated cabs, or even going as far to walk Colleges and Universities (HBCUs). Mr. ingham County, Virginia. many miles to work. It was a huge success Edwards then went on to serve our nation I would have voted ‘‘yea’’ on Roll Call 645, that sent a strong message to those who honorably in the military for two years. the Billy Frank Jr. Tell Your Story Act. would choose to discriminate against others.

VerDate Sep 11 2014 04:44 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K01DE8.016 E01DEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1686 CONGRESSIONAL RECORD — Extensions of Remarks December 1, 2015 Rosa Parks endured great personal hard- serving his family and his community: Duane RECOGNIZING MR. GEORGE ship following her protest. She was fired from Harte, who passed away on Monday, Novem- JOSEPH PARNESS her job at a local department store and her ber 23rd, at the age of 68. husband was retaliated against in his own Harte was born in 1947 and moved to the HON. TOM RICE place of work, losing his job in the process as Santa Clarita Valley in 1974, where he and his OF SOUTH CAROLINA well. Rosa Parks was ultimately forced to wife Pauline raised their two daughters. He re- IN THE HOUSE OF REPRESENTATIVES leave Montgomery for Detroit, Michigan where tired in 1990 as Senior Chief Petty Officer she could begin a new life. However, her suf- from the U.S. Naval Reserve after 23 years of Tuesday, December 1, 2015 fering would not be in vain and in 1956, the service and owned a small business called Mr. RICE of South Carolina. Mr. Speaker, I United States Supreme Court upheld a lower Academy Addressing and Mailing. rise today to recognize the life of Mr. George court ruling that Jim Crow laws were unconsti- Harte’s contributions to the Santa Clarita Joseph Parness, a distinguished American tutional. Valley were numerous. He was president of hero, who spent his life improving the lives of Rosa Parks channeled discrimination the Santa Clarita Valley Veteran’s Memorial others. against her into positive action. She founded Committee and founding president of the SCV George joined the United States Navy just the Rosa and Raymond Parks Institute for Senior Center Charitable Foundation. He was days after Pearl Harbor was bombed. He was Self-Development, which is aimed at providing also active in the Friends of Mentryville, SCV ordered to report to the USS Nicholson, and youth with life skills, character development, Historical Society, was the President of the also served aboard the USS LeHardy, the and education on civil rights history. Her con- SCV Veterans Memorial Committee, past USS President Hayes, the USS Phelps, and tributions have been widely recognized there- chairman of the SCV Chamber of Commerce, the USS Randall. After WWII, George returned after. Rosa Parks is the recipient of the Na- SCV Committee on Aging, Newhall Redevel- home only to eventually reenlist during the Ko- tional Association for the Advancement of Col- opment Committee, Friends of the Libraries of rean Conflict. He served aboard many ships ored People’s (NAACP) highest award, the the SCV, Canyon Theatre Guild Board of Di- including the USS Achernar. Spingarn Medal. She was also awarded the rectors, and the Vice-Chairman of the Santa After returning from war George met his Presidential Medal of Freedom by President Clarita Parade Committee. wife, June, and on February 12, 1954, they Bill Clinton, and was awarded the Congres- In 2008, Harte was selected to serve as a married. George then went on to work in the sional Gold Medal, which is the highest award Parks, Recreation and Community Services newspaper business, served as Mayor of that United States Congress can bestow on a Commissioner, where he served until he Suffern, New York, and served as Rockland civilian. passed away due to a massive heart attack in Mr. Speaker, Rosa Parks serves as an in- County Legislature. George and his wife then his Santa Clarita home. spiration to us all. Her story teaches us how retired to Myrtle Beach, South Carolina. Harte is survived by his wife of 43 years, the brave actions of one individual can inspire George will be greatly missed and I ask that Pauline, their two daughters, Donna and the actions of an entire generation. Individuals we keep his family in our thoughts and pray- Denise, and grandson Evan Alexander. like Rosa Parks light the way and show us ex- ers. actly how we can achieve the change we so f f greatly desire. Her actions changed the course of history and her legacy will be remembered TRIBUTE TO CARL KLUVER INTRODUCTION OF THE OBSTETRIC far and wide. FISTULA PREVENTION, TREAT- f HON. DAVID YOUNG MENT, HOPE, AND DIGNITY RES- TORATION ACT OF 2015 RECOGNIZING THE 106TH CHRIST- OF IOWA MAS TREE LIGHTING IN IN THE HOUSE OF REPRESENTATIVES PERKASIE BOROUGH Tuesday, December 1, 2015 HON. CAROLYN B. MALONEY OF NEW YORK Mr. YOUNG of Iowa. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL G. FITZPATRICK today to recognize and congratulate Mr. Carl OF PENNSYLVANIA Kluver of Shenandoah, Iowa, for receiving his Tuesday, December 1, 2015 IN THE HOUSE OF REPRESENTATIVES high school diploma. Mrs. CAROLYN B. MALONEY of New York. Tuesday, December 1, 2015 Two years after leaving the Charter Oak Mr. Speaker, today I am reintroducing com- Mr. FITZPATRICK. Mr. Speaker, three years High School in 1942, Carl joined the military to prehensive legislation that both prevents new before the lights on the famous Christmas tree serve his country. It wasn’t until October 10th, obstetric fistulas and helps to treat existing in New York City’s Rockefeller Center were 2015 that Carl was able to attain his diploma. ones, helping millions of women around the flipped on, a small town in my district of Penn- Carl served our country honorably during world regain control of their health and dignity. sylvania began a tradition that has spanned World War II aboard the USS Richmond dur- The Fistula Prevention, Treatment, Hope and generations and leads the nation. ing his time in the U.S. Navy. He never regret- Dignity Restoration Act will support a coopera- Since 1909, residents of Perkasie Borough ted joining the military, but always wished he tive effort to eradicate a heartbreaking, pre- have been gathering together in early Decem- had finished high school. Carl made it known ventable condition that has been largely elimi- ber to light the community Christmas tree—a to his family that he wished he had received nated in the developed world. tradition that stands as America’s oldest con- his high school diploma, and with the support Childbirth should not leave a woman dis- tinuous tree lighting. and encouragement of his grandson he de- abled or ostracized by her family and commu- A town of under 3,000 at the time of its first cided it wasn’t too late to graduate. Carl’s nity. Congress must commit to expanding ac- Christmas celebration, Perkasie has grown grandson John Olson contacted the Charter cess to treatment for the more than two million steadily while community leaders, elected offi- Oak-Ute Community School District and in- women worldwide who suffer from obstetric cials and local residents have kept its unique quired about getting a diploma for his grand- fistula and preventing new cases. small town charm and timeless Christmas rit- father. After explaining the situation to school Obstetric fistula is a devastating condition ual. officials and once the Charter Oak School Dis- that results from prolonged, obstructed labor Today, I recognize December 5th as what trict verified that Carl had indeed been a stu- without proper medical attention. During deliv- will be Perkasie’s 106th consecutive commu- dent there, a diploma was granted. Sur- ery, the infant’s head presses against the nity Christmas tree lighting and join in the rounded by family, Carl received his diploma, woman’s pelvis for so long that it creates a celebration of this enduring holiday tradition. saying, ‘‘It was a great day and one I’ll never hole between the woman’s vagina and rectum, f forget.’’ leaving her without control of her bladder and/ TRIBUTE TO DUANE HARTE Mr. Speaker, I commend and congratulate or bowels for the rest of her life if untreated. Carl for his accomplishments and receiving his It also often results in a stillbirth. Mothers with high school diploma. I am proud to represent fistulas are abandoned by their husbands and HON. STEPHEN KNIGHT him in the United States Congress for his dis- shunned by their families. According to the OF CALIFORNIA tinguished service to our country. I ask that World Health Organization, there are between IN THE HOUSE OF REPRESENTATIVES my colleagues in the United States House of 50,000 and 100,000 new cases each year. Tuesday, December 1, 2015 Representatives join me in congratulating Carl Fortunately, obstetric fistula is both treatable Mr. KNIGHT. Mr. Speaker, I rise today in and wishing him nothing but the best moving and preventable. Ninety percent of cases can recognition of a man who dedicated his life to forward. be treated with a surgery costing an average

VerDate Sep 11 2014 04:44 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A01DE8.005 E01DEPT1 smartinez on DSK4TPTVN1PROD with REMARKS December 1, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1687 of $400. This legislation allows for a com- In addition to her Mayoral duties, Betsy has working in our beautiful Cass Gilbert de- prehensive, three pronged approach of pre- served on the board of the Mansfield Down- signed state capitol building. WJE has vention, treatment and reintegration which in- town Partnership, as a member of the Presi- worked on the capitol. And, one of my proud- est accomplishments in Congress has been to volves: increasing access to prenatal care, dential Search Committee at the University of help secure the funding for the renovation of emergency obstetric care, postnatal care, and Connecticut, and on the Mansfield Democratic St. Paul’s historic 1920’s era train station— voluntary family planning; building local capac- Town Committee and the Mansfield Historical Union Depot. The Depot’s $250 million res- ity and improving national health systems; ad- Society. toration was completed in 2013 and, again, dressing underlying social and economic in- Betsy has been a terrific friend and col- WJE worked on the project. equities, reducing the incidence of child mar- league during her time as Mayor. Although her Again, congratulations WJE on your tre- riage, and increasing access to education; and leadership will be missed in the Mayor’s office, mendous record of success. supporting reintegration and training programs I am confident that her deep involvement in At the beginning of this year I became the to help women who have undergone treatment the future of Mansfield will not end with her re- lead Democrat on the Interior-Environment return to full and productive lives. These es- tirement. I ask my colleagues to please join Appropriations Subcommittee. Each year sential investments create a multiplier effect of me in thanking Betsy for her lifetime of service our subcommittee produces a bill that pro- vides over $30 billion to fund the Environ- benefits for women and their communities. to Mansfield and eastern Connecticut. mental Protection Agency, the Department It is also imperative that Congress supports f of the Interior, the U.S. Forest Service, the ongoing efforts in the fight to end fistula. Orga- National Endowments for the Arts and Hu- nizations such as UNFPA (the United Nations REMARKS AT AMERICAN ARCHI- manities, the Smithsonian museums, and a Population Fund) and USAID are working with TECTURAL FOUNDATION’S number of other federal agencies. It is an im- partners in a global campaign to prevent and OCULUS AWARD CEREMONY portant portfolio that funds hundreds of mil- treat fistula with the goal of making the condi- lions of acres of federal land, our national tion rare in areas of the developing world, HON. BETTY McCOLLUM parks, tribal nations, and many of America’s most important historic sites. such as sub-Saharan Africa and South Asia. OF MINNESOTA Over the past months my office has been The legislation also supports coordination IN THE HOUSE OF REPRESENTATIVES engaged with federal stakeholders and AAF through the International Obstetric Fistula Tuesday, December 1, 2015 to review the federal government’s role in Working Group. Support for monitoring, eval- historic preservation. It is absolutely clear uation, and research to measure the impacts Ms. MCCOLLUM. Mr. Speaker, today I had that without leadership from Congress and of such programs throughout their planning the honor of addressing the American Archi- the Obama Administration our nation’s most and implementation phases will ensure the tectural Foundation’s Oculus award ceremony vulnerable treasures are at risk of being lost most efficient and effective allocation of U.S. to celebrate leadership in cultural heritage and to time, decay, or neglect. Unfortunately, foreign assistance dollars. highlight organizations whose preservation ini- Congress and the Administration are ne- tiatives promote vibrant, sustainable commu- glecting our nation’s treasures and this po- We are already well aware that promoting litical apathy is costing the American people women’s health is fundamental to ensuring the nities. This year’s Oculus award was pre- sented to Wiss, Janney, Elstner Associates for our cultural heritage. health of their children and families. With this In the 2016 House and Senate Interior-Envi- bill, we can give women around the world their national leadership in historic preserva- tion. ronment appropriations bills, approximately hope for a healthy future. I urge my col- $61 million is allocated to the Historic Pres- leagues to join me in support of the Obstetric I want to applaud the work of the American ervation Fund—primarily to support historic Fistula Prevention, Treatment, Hope, and Dig- Architectural Foundation (AAF) and its presi- preservation offices in states, territories and nity Restoration Act. dent and CEO Ron Bogle. AAF’s efforts to tribal nations. This amount represents less make restoration, preservation and protection than half of the $150 million authorized fund- f of our nation’s vulnerable historic buildings, ing level and it is nearly $20 million less RECOGNIZING MAYOR BETSY collections, artifacts and works of art a na- than was spent on historic preservation in PATERSON UPON HER RETIRE- tional priority is commendable and it’s an 2010. MENT agenda I fully support. This abandonment of historic preservation Mr. Speaker, I submit my remarks from to- runs counter to the desires of our constitu- ents. States, local communities, non-profits, HON. JOE COURTNEY day’s Oculus award. the foundation community, and the private OF CONNECTICUT Good afternoon. sector want the federal government to be a Thank you, Mr. Ayers for the kind intro- IN THE HOUSE OF REPRESENTATIVES real partner. All across our country commu- duction. I appreciate all that you and your nities come together and identify endan- Tuesday, December 1, 2015 staff are doing to keep Congress working gered historic and cultural assets that while you are restoring our beautiful Capitol Mr. COURTNEY. Mr. Speaker, today I rise uniquely reflect local character and identity. dome. Thank you for your leadership. It may be a historic building, a church, an to honor Mansfield, Connecticut’s 16-year I am thrilled to be here today. mayor, Betsy Paterson upon her retirement. archeological site, or a collection rep- The American Architectural Foundation is resenting a moment in a community’s his- For nearly two decades, Betsy has provided playing an important role in driving an tory that exemplifies a unique piece of our rock-solid leadership for her town and her agenda that places cultural heritage, his- American history. And, communities are community, serving the residents of Mansfield toric preservation, and architectural restora- asking for help—both technical and finan- with her know-how and forward-thinking initia- tion at its forefront. cial—because they want their valued asset to tives. I want to commend the vision and tremen- be preserved, protected, and restored for the dous work of AAF President and CEO Ron next generation. Starting in 2007, Betsy led her town through Bogle, along with Mr. Thom Minner, Direc- From 1999 to 2010 help was available. Dur- a landmark reinvestment campaign. Working tor of AAF’s Center for Design and Cultural ing those years, Congress provided modest, with the Mansfield Downtown Partnership to Heritage. Ron and Thom are working with but critical funding for a program called secure millions in state and federal funding. me to get Congress re-engaged as a partner Save America’s Treasures. $318 million in in protecting and restoring our country’s Betsy and the town embarked on an historic federal funding was appropriated for SAT historic treasures, treasures that unite com- downtown improvement project that delivered grants over twelve years—that is less than $1 munities and connect the past to the future. to Mansfield residents and to the flagship Uni- per American for a decade of investments. We are here today to honor a company for versity of Connecticut located in Storrs, addi- Those grants required a dollar-for-dollar more than 50 years of accomplishments in match which leveraged over $400 million in tional open space, economic development and historic preservation. Congratulations to additional funds. improved transportation. Betsy’s leadership le- Wiss, Janney, Elstner Associates on receiv- veraged federal infrastructure investment with ing the 2015 Oculus award. But, since 2011, Congress has not provided outstanding private sector development to WJE has a long record of contributing to a single dollar to Save America’s Treasures. leave a long-lasting impact on the town’s busi- projects across the U.S. and around the During SAT’s twelve years, more than 1,200 ness development and livability and a huge world. They have an office in Minnesota, but grants were awarded to restore 327 historic properties; 247 projects to restore collec- enhancement to UConn’s ability to draw the I was surprised to learn how often we worked at the same places. tions, artifacts, artistic works, and docu- ‘‘best and brightest’’ to its mission. Today, In the early 1970s my first full-time job was ments were funded; and, 341 National His- Storrs Center serves as an important transpor- in downtown St. Paul in the First National toric Landmarks were preserved. tation and economic hub that fuels a lively Bank building. Later, WJE worked on the The treasures saved include: the restora- community and reflects Betsy’s vision and de- First National Bank building. As a Min- tion of Rosa Parks’ bus; restoring Little termination. nesota state legislator, I spent eight years Rock’s Central High School; saving Ansel

VerDate Sep 11 2014 04:44 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A01DE8.010 E01DEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1688 CONGRESSIONAL RECORD — Extensions of Remarks December 1, 2015 Adam’s prints, negatives and equipment; re- facilities that helped to create several hundred tion which I support. As we speak, representa- storing an 18th century South Carolina plan- new jobs in each state. tives from over 190 countries are working to tation house; preserving the ruins at Colo- The company’s many years of success has produce a landmark agreement in Paris to cut rado’s Mesa Verde National Park; and repair- allowed them to expand internationally as well. greenhouse gas (GHG) emissions on a global ing and preserving the 1812 flag that flew In 2012 Mannington Mills acquired Amtico over Fort McHenry that inspired the Star scale and invest in clean energy technologies. Spangled Banner. International, a producer of luxury vinyl floor- Even before the negotiations began, countries In my Minnesota congressional district, a ing headquartered in England. This new loca- that make up nearly 90 percent of global GHG $150,000 SAT grant matched by community tion provided many more business opportuni- output submitted pledges to cut their emis- contributions helped to fund a sprinkler sys- ties and allowed the company to bring its sions, including major polluters such as China, tem in the longest serving Czech-Slovak Hall hometown brand overseas. India, and the United States. In the U.S., the in the U.S. built in 1879. This grant saved the Mannington Mills’ commitment to social re- Clean Power Plan is projected to reduce GHG Sokol Hall while other ethnic halls have sponsibility makes this company stand out emissions by 32 percent by 2030. been lost to fire. On Saturday I’ll be attend- among others. Chairman of the Board, Keith ing an event at the Sokol Hall and it is a There is global recognition of the threat of wonderful center of community activity. Campbell is a firm believer in the ‘‘Do the climate change and the two resolutions before SAT has been an example of a public-pri- Right Thing’’ philosophy that the company and the House today would invalidate a key part of vate partnership that keeps history, culture, family has kept with them since they first our nation’s responsibility to reduce global identity, and democracy vibrant and sustain- opened. This has ensured a strong community GHG emissions by preventing any future EPA able in towns and cities all across America. connection, and only adds to their success. regulation of carbon emissions from power In my view SAT grants have acted as ven- Over the last century, Mannington Mills has ture capital that sparks a community into plants. This is a blatantly transparent attempt built a reputation of quality products in south- to influence the Paris negotiations on behalf of action. It is an investment that inspires a ern New Jersey and the United States. Ignor- community and donors to invest time, the status quo and the special interests in the money, volunteer support—all to the benefit ing pressure to move out of state, Mannington fossil fuel industry. I believe the mere consid- of the project. A good project with an SAT Mills’ unwavering support to the local economy eration of these resolutions diminishes U.S. grant becomes a great project. Without that and its employees is a testament to the orga- leadership and this institution in the eyes of federal support many projects will never get nization’s founding principles that has spanned the world community, and it condemns us to done and national treasures are now being four generations. The company, family, and a future of even higher risks. lost forever. employees can take great pride in this remark- I am passionate about restoring federal I urge my colleagues to oppose these reso- able milestone. lutions of disapproval. funding for SAT because I have a partner My sincere congratulations and best wishes that shares my enthusiasm. That partner is for many more years of success. the American Architectural Foundation. The f National Park Service is SAT’s lead federal f OUR UNCONSCIONABLE NATIONAL agency while AAF is SAT’s official non-prof- IN OPPOSITION TO S.J. RES. 23 it partner. DEBT Other federal partners include the National AND S.J. RES. 24 Endowment for the Arts, the National En- dowment for the Humanities, and the Insti- HON. ANNA G. ESHOO HON. MIKE COFFMAN tute of Museum and Library Services. They OF CALIFORNIA OF COLORADO all have valuable technical capacity to con- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tribute—if federal funds are made available. In 2016 our nation will celebrate the 50th Tuesday, December 1, 2015 Tuesday, December 1, 2015 anniversary of the National Historic Preser- Ms. ESHOO. Mr. Speaker, I rise in strong Mr. COFFMAN. Mr. Speaker, on January vation Act of 1966. Next year also marks the opposition to both resolutions before us today. 20, 2009, the day President Obama took of- 100th anniversary of our National Parks. As Congress has a constitutional duty to conduct fice, the national debt was citizens who care about historic preserva- oversight of the Executive Branch, and the $10,626,877,048,913.08. tion, now is the time to get organized and energized. Working together, we need to get Congressional Review Act is an important tool Today, it is $18,782,451,267,806.04. We’ve Congress investing once again in Saving in our toolbox. However, these resolutions are added $8,155,574,218,892.96 to our debt in 6 America’s Treasures. nothing more than partisan attempts to nullify years. This is over $8 trillion in debt our na- I am thrilled to be working with AAF and the EPA’s Clean Power Plan, sending a mes- tion, our economy, and our children could other partners who share the vision that pre- sage to countries around the world of political have avoided with a balanced budget amend- serving America’s past helps to build Amer- discord in the United States as global climate ment. ica’s future. change negotiations are taking place in Paris. It has been wonderful being here with you. Climate change is real and it is a threat to Thank you AAF for the invitation to be here f today. the entire world. The first nine months of 2015 were the warmest on record and these higher RECOGNIZING THE RETIREMENT Thank you. OF DR. CHARLES MOJOCK, f temperatures have contributed to the drought and wildfires that have ravaged my home PRESIDENT OF LAKE-SUMTER MANNINGTON MILLS ONE HUN- state of California over the past five years. STATE COLLEGE DRED YEARS OF BUSINESS IN It’s also a fact that the costs of failing to ad- SOUTH JERSEY dress climate change—both human and eco- HON. DANIEL WEBSTER nomic—grow with every year we fail to take OF FLORIDA HON. FRANK A. LoBIONDO action. A recently released United Nations re- IN THE HOUSE OF REPRESENTATIVES port revealed that in the past two decades OF NEW JERSEY Tuesday, December 1, 2015 IN THE HOUSE OF REPRESENTATIVES weather-related disasters have killed more than 600,000 people and cost trillions of dol- Mr. WEBSTER of Florida. Mr. Speaker, it is Tuesday, December 1, 2015 lars in economic losses. The report cited rising my pleasure to recognize a close friend and Mr. LOBIONDO. Mr. Speaker, I come to the ocean temperatures and melting glaciers as highly accomplished leader in education, Dr. floor today to celebrate the One Hundredth two main drivers of extreme weather events Charles Mojock, on his upcoming retirement. Anniversary of Mannington Mills, Inc. Located which have increased at an alarming rate. The On December 31, 2015, Dr. Mojock will retire in my district in Salem, New Jersey, White House Council on Economic Advisers as President of Lake-Sumter State College. Mannington Mills is a leader in the manufac- also calculated that failing to meet our climate Under Dr. Mojock’s leadership, Lake-Sumter turing of residential and commercial flooring. goals will cost the U.S. $150 billion per year State College has transitioned from a commu- Mannington Mills has expanded significantly in reduced economic output. For each decade nity college to a state college, undergone a since its founding in 1915, growing from a we ignore climate change, the costs of mitiga- name change, joined the Central Florida High- small roots family business in South Jersey to tion increase by 40 percent, which works out er Education Consortium and DirectConnect to a global industry leader today. This organiza- to approximately a $500 tax on every Amer- UCF, and launched Associate of Science de- tion has been very successful in extending ican each year, increasing by 40 percent gree programs in Health Information Tech- their services outside of New Jersey, recently every ten years. nology, Computer Information Technology and expanding into Georgia, Alabama, North Caro- With Congress failing to act on climate Environmental Science. During his tenure, Dr. lina, and Florida where they invested in new change, the Administration is taking strong ac- Mojock witnessed the growth and expansion

VerDate Sep 11 2014 04:44 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A01DE8.012 E01DEPT1 smartinez on DSK4TPTVN1PROD with REMARKS December 1, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1689 of LSSC with enrollment increasing by 79% helping others. He graduated from Saint Igna- other infectious diseases, food insecurity, and from 2002 to 2012. LSSC was recognized tius High School in the San Francisco bay other problems. While the number of newly in- among the Top 10% of Community Colleges area and went on to join the United States fected individuals has declined, and the num- by the Aspen Institute and was listed as a Army during World War II, serving as a Med- ber of individuals receiving treatment has in- ‘‘Best Places to Work’’ in Lake and Sumter ical Corpsman from 1942 to 1946. After his creased, we must remain vigilant with targeted Counties. service, Lou attended San Jose State College funding and treatment in these vulnerable re- Dr. Mojock has served on many boards in- from 1946 to 1947, and then attended the Uni- gions. cluding the Florida College System Council of versity of San Francisco from 1947 to 1950, Various Presidential Administrations have Presidents and The Southern Association of where he earned his Bachelor of Science de- responded to the HIV/AIDS epidemic by focus- Colleges and Schools Commission on Col- gree in Biology. From 1950 to 1954, Lou at- ing on specific countries and increasing fund- leges. Dr. Mojock’s remarkable service has tended Creighton University Medical School in ing levels. For example, the creation of the also been recognized on the national and Omaha, Nebraska, where he earned his med- President’s Emergency Plan for AIDS Relief state levels. He was honored with the Phi ical degree. (PEPFAR) in 2003, which began during the Theta Kappa Shirley B. Gordon Award of Dis- While attending medical school, Lou married Bush Administration and continued through tinction and the Lake County Community Serv- Alice Martin in Santa Cruz, California in 1950, the Obama Administration, brought new atten- ice Award. and together they had two sons, Louis and tion to address AIDS, as well as tuberculosis I am honored to recognize Dr. Mojock, and Patrick. After graduating, the family moved to and malaria. While the global HIV/AIDS pandemic con- thank him for his hard work and many con- Fresno, California where Lou participated in tinues to receive steady funding through a ro- tributions to the Central Florida community. an internship at Fresno General Hospital from bust U.S. and international response, the reac- 1954 to 1955, and also served as Chief Resi- After four decades as an educator, his com- tion in Texas for African Americans has been mitment to excellence, leadership and service dent. On July 1, 1958 Lou began his Internal slower. In Dallas County, 43% of those living is to be admired. My sincerest wishes and Medicine practice where he worked until his with HIV are black while only 33% are white. congratulations to Dr. Mojock and his family retirement in October 2013. Of newly diagnosed HIV cases, 51% are black on his retirement. Among his many accomplishments, Lou was while only 22% are white. As for black females f honored with the Knighthood of Saint Gregory in Dallas County, one in 144 black women are 1965 Conferral of Pontifical Honors. Lou also NATIONAL IBD AWARENESS WEEK already living with HIV and are eight times served on numerous medical organizations more likely be become infected than their throughout his practice and was President of white or Hispanic counterparts. HON. NITA M. LOWEY the Fresno County Medical Society Review Funding to reach and educate individuals on OF NEW YORK Board in 1984, and Medical Director of a grassroots level is extremely necessary to IN THE HOUSE OF REPRESENTATIVES ValuCare Health Plan from 1985 to 1988. Fur- fight the types of battles we face with the HIV/ ther, he served as President of the medical Tuesday, December 1, 2015 AIDS in South Dallas. That is why I have been staff for Saint Agnes Medical Center from, a strong supporter of the Ryan White CARE Mrs. LOWEY. Mr. Speaker, I rise today on 1981 to 1982, and as a member of the Board Act extension packages each time they behalf of those affected by Crohn’s disease of Trustees from 1987 to 1992. He was also reached the House floor. We must place our and Ulcerative Colitis, or Inflammatory Bowel a Quality Assurance Committee Member from resources where they will be the most effec- Diseases (IBD), in observance of National IBD 1987 to 1996 and Chairman of the Utilization tive. On this World AIDS Day, we need to awareness week. Committee for five years. commit ourselves to eradicating AIDS here at IBD affects over 1.6 million Americans, and It goes without saying that Dr. Louis Pardini home and globally. there is no known cause or cure. The unpre- was an honorable man with a strong commit- f dictable nature of these painful and debilitating ment to his family and his patients for whom diseases creates a significant burden on the he served so graciously. He helped many lives IN RECOGNITION OF WORLD AIDS community and the economy with more than through his practice of medicine, and touched DAY 2015 $2.2 billion in direct and indirect healthcare many more through his kindness and wisdom. costs. I am honored and humbled to join his family HON. SHEILA JACKSON LEE As co-chair of the Crohn’s and Colitis Cau- in celebrating the life of this amazing man, OF TEXAS cus, I am dedicated to educating the American who will never be forgotten. IN THE HOUSE OF REPRESENTATIVES public and other Members on awareness of Mr. Speaker, it is with great respect that I Tuesday, December 1, 2015 IBD. We must do all we can to assist research ask my colleagues in the House of Represent- Ms. JACKSON LEE. Mr. Speaker, World dedicated to finding cures for IBD and improve atives to join me in honoring the life of Louis AIDS Day affords us an opportunity to reflect the quality of life for those affected by these Pardini. His memory will live on through his diseases. on our progress in the fight against the global family and be remembered by our entire com- AIDS pandemic and to rededicate ourselves to Mr. Speaker, I rise today to recognize IBD munity. We are all better for having known Awareness Week and the millions of Ameri- ending the disease once and for all. Louis Pardini, a remarkable Californian and We have come a long way since the first cans suffering from these diseases. I urge my Central Valley native. World AIDS Day in 1988 by dramatically ex- colleagues to join me in observance of Na- f panding investments in HIV/AIDS prevention, tional IBD Awareness Week. 27TH WORLD AIDS DAY care, treatment, and research. f Strong advocacy has paved the way for the HONORING THE LIFE OF LOUIS HON. EDDIE BERNICE JOHNSON Ryan White Act, the Housing Opportunities for PARDINI, M.D. People with AIDS Initiative, growing invest- OF TEXAS ments in NIH research, and an end to the ban IN THE HOUSE OF REPRESENTATIVES on federal funds for syringe exchange. HON. JIM COSTA Tuesday, December 1, 2015 Beyond our borders, our efforts have ex- OF CALIFORNIA tended care to millions in the developing IN THE HOUSE OF REPRESENTATIVES Ms. EDDIE BERNICE JOHNSON of Texas. world, through increased resources for Mr. Speaker, I rise in recognition of the 27th Tuesday, December 1, 2015 PEPFAR and the Global Fund. World AIDS Day. Each year on December 1, Our investments have saved lives—pre- Mr. COSTA. Mr. Speaker, I rise today to we support those living with HIV/AIDS, com- venting millions of new HIV cases, expanding pay tribute to the life of Dr. Louis Pardini of memorate those who have died from HIV/ access to improved treatments, and enabling Fresno, California, who recently passed away AIDS, and encourage the scientific advances medical advances that help HIV/AIDS patients on November 3, 2015, at the age of 91. He being made in the field. live longer and healthier. leaves behind his loving family, including Globally, there are 36 million people living Here and across the globe, AIDS deaths are Alice, his wife of 65 years, their six sons, 21 with HIV and 35 million people have died from on the decline, and studies are pointing the grandchildren, and two great-grandchildren. HIV and AIDS-related causes since the begin- way to new approaches to limit the spread of Louis Pardini was born in Daly City, Cali- ning of the epidemic since the first cases were the disease, with treatment as prevention. fornia in 1924 to his parents Louis G. and reported in 1981. Since 70% of HIV cases are While our efforts have grown, we still only Caroline Payne Pardini. Lou, as many called reported in sub-Saharan Africa, countries that reach half of all people eligible for HIV treat- him, was a man dedicated to medicine and to are hit the hardest by this pandemic often face ment; and more must be done.

VerDate Sep 11 2014 04:44 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A01DE8.016 E01DEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1690 CONGRESSIONAL RECORD — Extensions of Remarks December 1, 2015 Working together, we must continue to Mr. Speaker, I commend this new business Councilmember; a position that he held for strengthen—not weaken—our national and and their staff for the services they provide to thirteen years. Then, in 2007, he was elected international efforts to combat AIDS and other the West Des Moines community. I ask that as Tukwila’s Mayor. infectious diseases. my colleagues in the United States House of As Mayor, Jim led the successful effort to We must work to achieve the Obama Ad- Representatives join me in congratulating Car- develop and implement the city’s first Strategic ministration’s goal of an AIDS-free generation. ibou Coffee and Einstein Bros. Bagels for their Plan, which was notable for its creation of the We must honor the memory of those we new location. I wish them and their staff noth- award-winning Community Connectors pro- have lost and act on our hope, optimism, and ing but the best moving forward. gram. He also led the negotiations for dozens determination to end the HIV/AIDS pandemic. f of major development and public infrastructure We must continue to work with programs projects that have benefited the entire region. and clinics, like the Harris County Hospital RECOGNIZING STEVE GABEL These include Jim’s efforts to bring transit op- District (HCHD), who are treating and caring tions to Tukwila, including light and heavy rail. for patients with HIV/AIDS. HON. KEN BUCK Expanded transit access has accompanied In 1989, HCHD opened Thomas Street OF COLORADO and supported the development of commercial Health Center, the first free-standing facility IN THE HOUSE OF REPRESENTATIVES projects that attract commerce from sur- dedicated to outpatient HIV/AIDS care in the rounding communities. Tuesday, December 1, 2015 nation. The center has become the corner- In addition to his work at City Hall, Jim has stone of all HIV/AIDS care available to Harris Mr. BUCK. Mr. Speaker, I rise today to rec- been a tireless advocate for Tukwila in a long County residents. ognize Mr. Steve Gabel on being selected for list of regional organizations. He has served The Thomas Street Health Center has dedi- induction into the Farm Credit Colorado Agri- on the Board of Directors for the Association cated their services to about 25 percent of culture Hall of Fame. This honor is reserved of Washington Cities, Sound Cities Associa- Harris County’s HIV/AIDS. for those who have made a significant con- tion, and the Cascade Water Alliance. He also Annually, the health center, along with tribution to the agricultural industry of Colo- served as the President of the Southcenter HCHD, serves 4,463 unique patients for about rado and the United States. Rotary Club and is a member of the American 37,000 patients’ visits. Currently, Mr. Gabel owns Magnum Legion Post 235 in Tukwila. We will continue to fight a tough fight Feedyard, a 22,500-head feedlot in Wiggins, As Jim passes the baton following his dec- against HIV and AIDS. We will continue to Colorado. He also manages Gabel Cattle, his ades of service, he leaves the city on strong strengthen and support centers like Thomas family-owned cow-calf business. In addition, footing. Tukwila today has a AA rating from Street Health Center who work diligently with he is currently a member of the National Standard and Poors, despite the challenges HIV/AIDS patients. Cattlemen’s Beef Association and president of posed by the recession and ongoing recovery. Our focus on HIV/AIDS prevention and the Colorado Livestock Association. He pre- Engagement with the community has never awareness will be to ensure all of our friends, viously served for fifteen years as chairman of been stronger, either. This past year, Tukwila relatives and children live healthy and full the Colorado Beef Council. was recognized for its efforts to engage the lives. Mr. Gabel also understands the importance city’s diverse communities in the update of f of giving back to his community. He prides Tukwila’s Comprehensive Plan. himself on volunteering as a Weld County Mr. Speaker, it is with great honor that I rec- PERSONAL EXPLANATION Livestock volunteer judging coach, where he ognize Mr. Jim Haggerton for his years of mentors youth on the importance of agri- service and his tremendous impact on the City HON. RODNEY DAVIS culture. Mr. Gabel has shown true leadership of Tukwila and King County. OF ILLINOIS in his industry and community. f IN THE HOUSE OF REPRESENTATIVES On behalf of the 4th Congressional District RECOGNIZING THE 60TH ANNIVER- of Colorado, I extend my best wishes as Mr. Tuesday, December 1, 2015 SARY OF ROSA PARKS’ ACT OF Gabel pursues his future endeavors. His pas- CIVIL DISOBEDIENCE Mr. RODNEY DAVIS of Illinois. Mr. Speak- sion and dedication to the agricultural industry er, on Monday, November 30, 2015, I was ab- makes him more than worthy of this distinct sent from the House because I was unavoid- recognition. Mr. Speaker, it is an honor to rec- HON. JOHN CONYERS, JR. OF MICHIGAN ably detained. Due to my absence, I did not ognize Mr. Steve Gabel for his accomplish- IN THE HOUSE OF REPRESENTATIVES record my vote on the first vote of the day. I ments. would like to reflect how I would have voted f Tuesday, December 1, 2015 had I been present for legislative business. Mr. CONYERS. Mr. Speaker, sixty years Had I been present, I would have voted HONORING MAYOR JIM ago today, Rosa Parks refused to give up her ‘‘aye’’ on Roll Call 644. HAGGERTON OF TUKWILA, seat on a bus in Montgomery, Alabama. WASHINGTON f Through a simple act of civil disobedience, she inspired a movement, gained worldwide TRIBUTE TO CARIBOU COFFEE HON. ADAM SMITH acclaim, and secured a place in American his- AND EINSTEIN BROS. BAGELS OF WASHINGTON tory. IN THE HOUSE OF REPRESENTATIVES However, on that cold morning in Mont- HON. DAVID YOUNG Tuesday, December 1, 2015 gomery, Mrs. Parks was not creating a leg- OF IOWA acy—she simply saw a wrong and wanted to IN THE HOUSE OF REPRESENTATIVES Mr. SMITH of Washington. Mr. Speaker, I right it. She showed us that any person can rise to honor Jim Haggerton, Mayor of Tuesday, December 1, 2015 make a difference if they have the strength of Tukwila, Washington, on his retirement. their convictions. By simply sitting down on the Mr. YOUNG of Iowa. Mr. Speaker, I rise There have been few greater champions for bus, she turned an ordinary act into something today to recognize Caribou Coffee and Ein- the City of Tukwila than Jim Haggerton. For extraordinary, and inspired thousands in Mont- stein Bros. Bagels for the opening of their new over four decades, Jim has dedicated himself gomery—and later across America—to do the coffee and bagel shop in West Des Moines, to bettering his community in many ways. same. Iowa. After concluding his service in the U.S. Marine But Mrs. Parks is more than just a figure to Founded in 1992, Caribou Coffee is the sec- Corps, Jim and his wife, Carol, purchased be revered—she is an example to be upheld. ond largest company-operated premium cof- their home in the McMicken Heights neighbor- And on days like today, we must ask our- feehouse in the United States with more than hood in 1972. There, they raised their two chil- selves whether we honor her with our actions 272 company owned stores. Caribou Coffee dren, Terri and Care. as well as our words. provides high quality, handcrafted beverages Despite the rigors of a hectic schedule with Because of the work of Mrs. Parks and her and food options. Einstein Bros. Bagels is part a young family and a burgeoning career, Jim contemporaries, our nation is an undeniably of the Einstein Noah Restaurant Group, Inc. found time to devote to his city. He served different place than it was sixty years ago. Jim family, and is a neighborhood bagel shop nine years on Tukwila’s Planning Commission, Crow is no longer the law of the South. Seg- that’s always cooking up new, innovative ways helping to guide the city through a period of regation is no longer legally mandated. An Af- to serve its customers with more than 600 lo- tremendous growth. He built on this service rican-American is President and the Congres- cations in 40 states. when he was elected to serve as a sional Black Caucus counts 43 members.

VerDate Sep 11 2014 03:39 Mar 30, 2016 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD15\DEC 2015\E01DE5.REC E01DE5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 1, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1691 But there are still too many wrongs that SUPPORTING AID FOR MENTAL ing attacks from Russian-backed separatists in need righting. The current African-American HEALTH SERVICES IN UKRAINE Eastern Ukraine. This year, through USAID, unemployment rate, 9.2%, is twice that of the United States is providing $71 million in white workers, 4.4%. During the first half of HON. ROSA L. DeLAURO aid for economic recovery, humanitarian co- this year, black Americans killed by the police OF CONNECTICUT ordination and logistics, nutrition, sanitation were more than twice as likely to be unarmed IN THE HOUSE OF REPRESENTATIVES and water, and shelter. This funding has gone as white Americans killed by police. Black chil- Tuesday, December 1, 2015 to support emergency needs in Ukraine, espe- dren are suspended and expelled from school cially for the protection of refugees, internally at three times the rate of white children. Black Ms. DELAURO. Mr. Speaker, I rise in sup- displaced persons, and conflict victims. While churches—a longtime refuge for our commu- port of the people of Ukraine, and to highlight the United States has been and will continue nity—are still the target of violent extremists. the need for additional aid to address post- to be a critical ally to the Ukrainian people, In the face of such injustice, we must be traumatic stress among the most vulnerable more needs to be done. compelled—as Rosa Parks and countless oth- populations. Today, we mark the 24th anniver- ers were in their time—to act. sary of Ukraine’s referendum on the Act of According to the Internal Displacement Mon- We know that this will not be an easy fight. Declaration of Independence. That vote was itoring Centre there are an estimated 1.4 mil- We know we must prepare for great sacrifice. supported by 92% of Ukraine’s citizens, and lion internally displaced persons, most from There will be violence visited upon us—like was a monumental event that made the Soviet Eastern Ukraine, and 12.6 percent are chil- the shooting of Black Lives Matter protesters era history. Now, in 2015, Ukraine and its peo- dren. The long term effect of the violence in in Minneapolis this past week. ple are under threat, and the U.S. must do Eastern Ukraine, especially on mental health But the price we pay will bring about more to support the people of Ukraine during for displaced children, can be devastating. I change—painfully slow at times—that we can this critical time. am proud to be working with researchers from pass on to the next generation. We are seeing In August, I traveled to Kyiv, which is a Yale University in my district, as well as non- this in places like South Carolina, where Wal- magnificent city in a beautiful country. Before governmental organizations on the ground in ter Scott’s killer is facing trial. We are seeing my visit, I met with some of the leaders of the Ukraine to find ways to support and expand it in Chicago, where the police chief is out and Ukrainian community in my district to learn training for mental health professionals in Laquan McDonald’s killer is being prosecuted. what they had been hearing from friends and Ukraine. As one Ukrainian doctor who partici- We are seeing it at the U.S. Department of relatives in Ukraine and what their concerns pated in a Yale training session last year put Justice where troubling police practices are re- were. While in Ukraine, I spoke with Ukrainian it: ‘‘The effects of this violence, if left un- ceiving deserved scrutiny. We are even seeing President Petro Poroshenko, Prime Minister treated, are like landmines that will cause it here in Congress, where bipartisan reforms Arseniy Yatsenyuk, and Kyiv Mayor Vitali damage in our country for decades to come.’’ are underway that will address some of the ra- Klitschko. I also met the Secretary of the Na- cial disparities in our criminal justice system. tional Security Defense Council Oleksandr That is why I am calling upon Congress to I am humbled to have worked with Mrs. Valentynovych as well as several nongovern- support the people of Ukraine, particularly Parks for more than 20 years, and I am fortu- ment organizations and members of civil soci- those forced from their communities, with pro- nate to have been her friend for many more. ety. fessional mental health training and support Today, as we honor the actions that brought Through these discussions, it became clear services in Ukraine. We must do everything in her global recognition, I hope we do so in to me that we must do more to address the our power to ensure that the most vulnerable kind—with actions worthy of her memory. trauma and stress that is caused by the ongo- Ukrainians are not forgotten.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate Adjournment: Senate convened at 10 a.m. and ad- Chamber Action journed at 6:50 p.m., until 9:30 a.m. on Wednes- Routine Proceedings, pages S8197–S8246 day, December 2, 2015. (For Senate’s program, see Measures Introduced: Five bills and two resolu- the remarks of the Majority Leader in today’s Record tions were introduced, as follows: S. 2335–2339, S. on page S8246.) Res. 323, and S. Con. Res. 26. Page S8241 Measures Reported: Committee Meetings S. 1719, to provide for the establishment and (Committees not listed did not meet) maintenance of a National Family Caregiving Strat- egy, with an amendment in the nature of a sub- ACQUISITION REFORM stitute. Page S8241 Committee on Armed Services: Committee concluded a Measures Considered: hearing to examine acquisition reform, focusing on Restoring Americans’ Healthcare Freedom Rec- next steps, after receiving testimony from Jacques S. onciliation Act—Agreement: Senate began consid- Gansler, The Gansler Group; Norman R. Augustine, eration of H.R. 3762, to provide for reconciliation The Defense Revolution; Ben FitzGerald, Center for a pursuant to section 2002 of the concurrent resolu- New American Security; and Lt Col Dan Ward, tion on the budget for fiscal year 2016, after agree- USAF (Ret.), F.I.R.E.: How Fast, Inexpensive, Re- ing to the motion to proceed, and taking action on strained and Elegant Methods Ignite Innovation. the following amendment proposed thereto: WELL CONTROL RULE Pages S8233–34 Committee on Energy and Natural Resources: Committee Pending: concluded an oversight hearing to examine the Well McConnell Amendment No. 2874, in the nature Control Rule and other regulations related to off- of a substitute. Page S8233 shore oil and gas production, after receiving testi- A unanimous-consent agreement was reached pro- mony from Brian Salerno, Director, Bureau of Safety viding for further consideration of the bill at ap- and Environmental Enforcement, Department of the proximately 9:30 a.m., on Wednesday, December 2, Interior; Erik Milito, American Petroleum Institute, 2015. Page S8246 and Jacqueline Savitz, Oceana, both of Washington, Messages from the House: Page S8240 D.C.; and Mark Rockel, Ramboll Environ, Philadel- phia, Pennsylvania. Measures Referred: Pages S8240–41 Measures Read the First Time: Pages S8241, S8246 INTERNATIONAL TAX Enrolled Bills Presented: Page S8241 Committee on Finance: Committee concluded a hearing to examine international tax, focusing on OECD Additional Cosponsors: Pages S8241–42 BEPS and European Union state aid, after receiving Statements on Introduced Bills/Resolutions: testimony from Robert B. Stack, Deputy Assistant Pages S8242–45 Secretary of the Treasury, International Tax Affairs; Additional Statements: Pages S8239–40 and Dorothy Coleman, National Association of Man- ufacturers, and Michael Danilack, Amendments Submitted: Pages S8245–46 PricewaterhouseCoopers LLP, both of Washington, Authorities for Committees to Meet: Page S8246 D.C. D1255

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NOMINATIONS Warner, all of the Department of State, after the Committee on Foreign Relations: Committee concluded nominees testified and answered questions in their a hearing to examine the nominations of Catherine own behalf. Ebert-Gray, of Virginia, to be Ambassador to the Independent State of Papua New Guinea, and to PUERTO RICO’S FISCAL PROBLEMS serve concurrently and without additional compensa- Committee on the Judiciary: Committee concluded a tion as Ambassador to the Solomon Islands and Am- hearing to examine Puerto Rico’s fiscal problems, fo- bassador to the Republic of Vanuatu, Scot Alan cusing on examining the source and exploring the Marciel, of California, to be Ambassador to the solution, after receiving testimony from Representa- Union of Burma, John D. Feeley, of the District of tive Pierluisi; Puerto Rico Governor Alejandro J. Columbia, to be Ambassador to the Republic of Pan- Garcia Padilla, Carlos A. Colon-De-Armas, Univer- ama, Linda Swartz Taglialatela, of New York, to be sity of Puerto Rico Graduate School of Business, and Ambassador to Barbados, and to serve concurrently Richard L. Carrion, Banco Popular, all of San Juan; and without additional compensation as Ambassador former New York Lieutenant Governor Richard to the Federation of St. Kitts and Nevis, Saint Lucia, Ravitch, New York; Alex J. Pollock, American En- Antigua and Barbuda, the Commonwealth of Domi- terprise Institute, Washington, D.C.; and Stephen J. nica, Grenada, and Saint Vincent and the Grena- Spencer, Houlihan Lokey, Minneapolis, Minnesota. dines, Todd C. Chapman, of Texas, to be Ambas- sador to the Republic of Ecuador, Jean Elizabeth INTELLIGENCE Manes, of Florida, to be Ambassador to the Republic Select Committee on Intelligence: Committee met in of El Salvador, and Amos J. Hochstein, of the Dis- closed session to receive a briefing on certain intel- trict of Columbia, to be an Assistant Secretary (En- ligence matters from officials of the intelligence ergy Resources), who was introduced by Senator community. h House of Representatives ment of Veterans Affairs, with amendments (H. Chamber Action Rept. 114–358); and Public Bills and Resolutions Introduced: 9 public H. Res. 542, providing for further consideration bills, H.R. 4138–4151; and 3 resolutions, H. Con. of the bill (H.R. 8) to modernize energy infrastruc- Res. 100; and H. Res. 543–544 were introduced. ture, build a 21st century energy and manufacturing Pages H8859–60 workforce, bolster America’s energy security and di- Additional Cosponsors: Pages H8860–61 plomacy, and promote energy efficiency and govern- ment accountability, and for other purposes, and Reports Filed: Reports were filed today as follows: providing for consideration of the conference report H.R. 3459, to clarify the treatment of two or to accompany the bill (S. 1177) to reauthorize the more employers as joint employers under the Na- Elementary and Secondary Education Act of 1965 to tional Labor Relations Act, with an amendment (H. ensure that every child achieves (H. Rept. 114–359). Rept. 114–355); Pages H8679–H8822, H8859 H.R. 189, to extend foreclosure and eviction pro- Speaker: Read a letter from the Speaker wherein he tections for servicemembers, and for other purposes appointed Representative Kelly (MS) to act as Speak- (H. Rept. 114–356); er pro tempore for today. Page H8649 Conference report on H.R. 22, to amend the In- ternal Revenue Code of 1986 to exempt employees Recess: The House recessed at 10:51 a.m. and re- with health coverage under TRICARE or the Vet- convened at 12 noon. Page H8654 erans Administration from being taken into account Suspensions: The House agreed to suspend the rules for purposes of determining the employers to which and pass the following measure: the employer mandate applies under the Patient Pro- Intelligence Authorization Act for Fiscal Year tection and Affordable Care Act (H. Rept. 114–357); 2016: H.R. 4127, to authorize appropriations for fis- H.R. 3016, to amend title 38, United States cal year 2016 for intelligence and intelligence-related Code, to clarify the role of podiatrists in the Depart- activities of the United States Government, the Community Management Account, and the Central

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Res. 24), was agreed to by a re- motion that the House suspend the rules and pass corded vote of 243 ayes to 181 noes, Roll No. 647, the bill was adopted be vacated to the end that the after the previous question was ordered by a yea-and- Chair put the question de novo). nay vote of 242 yeas to 179 nays, Roll No. 646. Pages H8663–76, H8679 Pages H8676–77 Suspension—Proceedings Resumed: The House Trade Facilitation and Trade Enforcement Act of agreed to suspend the rules and pass the following 2015—Motion to go to Conference: The House measure which was debated on Monday, November agreed to the Brady (TX) motion to take from the 30th. Speaker’s table the bill (H.R. 644) to reauthorize Breast Cancer Research Stamp Reauthorization trade facilitation and trade enforcement functions Act of 2015: S. 1170, to amend title 39, United and activities, with the House amendment to the States Code, to extend the authority of the United Senate amendment thereto, insist on the House States Postal Service to issue a semipostal to raise amendment, and agree to a conference with the Sen- ate thereon, by a recorded vote of 252 ayes to 170 funds for breast cancer research, by a 2⁄3 yea-and-nay vote of 422 yeas to 1 nay, Roll No. 648. noes, Roll No. 652. Pages H8838–39 Pages H8678–79 Debated the Kuster motion to instruct conferees. Further proceedings were postponed. Pages H8846–49 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule North American Energy Security and Infrastruc- submitted by the Environmental Protection ture Act of 2015: The House began consideration Agency relating to ‘‘Standards of Performance of H.R. 8, to modernize energy infrastructure, build for Greenhouse Gas Emissions from New, Modi- a 21st century energy and manufacturing workforce, fied, and Reconstructed Stationary Sources: Elec- bolster America’s energy security and diplomacy, and tric Utility Generating Units’’: The House passed promote energy efficiency and government account- S.J. Res. 23, providing for congressional disapproval ability. Consideration is expected to resume tomor- under chapter 8 of title 5, United States Code, of a row, December 2nd. Pages H8658–63, H8676–78, H8839–46 rule submitted by the Environmental Protection H. Res. 539, the rule providing for consideration Agency relating to ‘‘Standards of Performance for of the bill (H.R. 8) and the joint resolutions (S.J. Greenhouse Gas Emissions from New, Modified, and Res. 23) and (S.J. Res. 24), was agreed to by a re- Reconstructed Stationary Sources: Electric Utility corded vote of 243 ayes to 181 noes, Roll No. 647, Generating Units’’, by a yea-and-nay vote of 235 after the previous question was ordered by a yea-and- yeas to 188 nays, Roll No. 651. Pages H8658–63, H8676–78, H8822–29, H8837–38 nay vote of 242 yeas to 179 nays, Roll No. 646. H. Res. 539, the rule providing for consideration Pages H8676–77 of the bill (H.R. 8) and the joint resolutions (S.J. Quorum Calls—Votes: Four yea-and-nay votes and Res. 23) and (S.J. Res. 24), was agreed to by a re- three recorded votes developed during the pro- corded vote of 243 ayes to 181 noes, Roll No. 647, ceedings of today and appear on pages H8676–77, after the previous question was ordered by a yea-and- H8677, H8678–79, H8837, H8837–38 and nay vote of 242 yeas to 179 nays, Roll No. 646. H8838–39. There were no quorum calls. Pages H8676–77 Adjournment: The House met at 10 a.m. and ad- Providing for congressional disapproval under journed at 8:45 p.m. chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Committee Meetings Agency relating to ‘‘Carbon Pollution Emission Guidelines for Existing Stationary Sources: Elec- U.S. STRATEGY FOR SYRIA AND IRAQ AND tric Utility Generating Units’’: The House passed ITS IMPLICATIONS FOR THE REGION S.J. Res. 24, providing for congressional disapproval Committee on Armed Services: Full Committee held a under chapter 8 of title 5, United States Code, of a hearing entitled ‘‘U.S. Strategy for Syria and Iraq rule submitted by the Environmental Protection and its Implications for the Region’’. Testimony was Agency relating to ‘‘Carbon Pollution Emission heard from Ashton B. Carter, Secretary of Defense;

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VerDate Sep 11 2014 06:08 Dec 02, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D01DE5.REC D01DEPT1 smartinez on DSK4TPTVN1PROD with DIGEST December 1, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D1259 PITFALLS OF UNILATERAL NEGOTIATIONS Signed on November 25, 2015. (Public Law AT THE PARIS CLIMATE CHANGE 114–90) CONFERENCE S. 799, to combat the rise of prenatal opioid abuse Committee on Science, Space, and Technology: Full Com- and neonatal abstinence syndrome. Signed on No- mittee held a hearing entitled ‘‘Pitfalls of Unilateral vember 25, 2015. (Public Law 114–91) Negotiations at the Paris Climate Change Con- S. 1356, to authorize appropriations for fiscal year ference’’. Testimony was heard from public wit- 2016 for military activities of the Department of nesses. Defense, for military construction, and for defense activities of the Department of Energy, to prescribe OECD BEPS PROJECT FINAL military personnel strengths for such fiscal year. RECOMMENDATIONS AND ITS EFFECT ON Signed on November 25, 2015. (Public Law WORLDWIDE AMERICAN COMPANIES 114–92) Committee on Ways and Means: Subcommittee on Tax S. 2036, to suspend the current compensation Policy held a hearing on the OECD BEPS Project packages for the chief executive officers of Fannie final recommendations and its effect on worldwide Mae and Freddie Mac. Signed on November 25, American companies. Testimony was heard from 2015. (Public Law 114–93) Robert B. Stack, Deputy Assistant Secretary for f International Tax Affairs, Department of the Treas- ury; and public witnesses. COMMITTEE MEETINGS FOR WEDNESDAY, DECEMBER 2, 2015 Joint Meetings (Committee meetings are open unless otherwise indicated) RESCUING TRAFFICKING VICTIMS Senate Commission on Security and Cooperation in Europe: Com- Committee on Agriculture, Nutrition, and Forestry: to hold mission received a briefing on best practices for res- hearings to examine agriculture’s role in combating glob- cuing trafficking victims from Yaroslaba Garcia, al hunger, 10 a.m., SR–328A. Southwest Florida Regional Human Trafficking Coa- Committee on Armed Services: to hold hearings to examine lition, Bonita Springs; Kimberly Chang, Asian Department of Defense personnel reform and strength- Health Services Community Health Clinic, Oakland, ening the all-volunteer force, 9:30 a.m., SD–G50. California; and Jordan Greenbaum, Children’s Committee on Foreign Relations: to hold hearings to exam- Healthcare of Atlanta Stephanie Blank Center for ine the nominations of G. Kathleen Hill, of Colorado, to be Ambassador to the Republic of Malta, Eric Seth Safe and Healthy Children, Atlanta, Georgia. Rubin, of New York, to be Ambassador to the Republic f of Bulgaria, Kyle R. Scott, of Arizona, to be Ambassador to the Republic of Serbia, and David McKean, of Massa- NEW PUBLIC LAWS chusetts, to be Ambassador to Luxembourg, all of the De- (For last listing of Public Laws, see DAILY DIGEST, p. D1207) partment of State, and Carlos J. Torres, of Virginia, to H.R. 3996, to provide an extension of Federal-aid be Deputy Director of the Peace Corps, 2:15 p.m., highway, highway safety, motor carrier safety, tran- SD–419. Full Committee, to receive a closed briefing on Joint sit, and other programs funded out of the Highway Comprehensive Plan of Action oversight, focusing on the Trust Fund. Signed on November 20, 2015. (Public International Atomic Energy Agency’s report on the pos- Law 114–87) sible military dimensions of the Iranian nuclear program, H.R. 208, to improve the disaster assistance pro- 4 p.m., SH–219. grams of the Small Business Administration. Signed Committee on Indian Affairs: business meeting to con- on November 25, 2015. (Public Law 114–88) sider S. 1125, to authorize and implement the water H.R. 639, to amend the Controlled Substances rights compact among the Blackfeet Tribe of the Black- Act with respect to drug scheduling recommenda- feet Indian Reservation, the State of Montana, and the tions by the Secretary of Health and Human Serv- United States, and S. 1879, to improve processes in the ices, and with respect to registration of manufactur- Department of the Interior; to be immediately followed ers and distributors seeking to conduct clinical test- by an oversight hearing to examine the Tribal Law and Order Act (TLOA), focusing on whether the justice sys- ing. Signed on November 25, 2015. (Public Law tems in Indian country have improved, 2:15 p.m., 114–89) SD–628. H.R. 2262, to facilitate a pro-growth environment Committee on the Judiciary: to hold hearings to examine for the developing commercial space industry by en- protecting trade secrets, focusing on the impact of trade couraging private sector investment and creating secret theft on American competitiveness and potential more stable and predictable regulatory conditions. solutions to remedy this harm, 10 a.m., SD–226.

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Full Committee, to hold an oversight hearing to exam- Subcommittee on Terrorism, Nonproliferation, and ine the Administration’s alien removal policies, 2:30 Trade, hearing entitled ‘‘The Paris Attacks: A Strategic p.m., SD–226. Shift by ISIS?’’, 1 p.m., 2200 Rayburn. Committee on Veterans’ Affairs: to hold hearings to exam- Subcommittee on the Middle East and North Africa, ine consolidating non-Department of Veterans Affairs care hearing entitled ‘‘Assessing the President’s Strategy in Af- programs, 2:30 p.m., SR–418. ghanistan’’, 2 p.m., 2172 Rayburn. Subcommittee on Asia and the Pacific, hearing entitled House ‘‘U.S. Strategic Interests and the APEC and East Asia Summits’’, 2 p.m., 2255 Rayburn. Committee on Agriculture, Full Committee, hearing to re- Committee on House Administration, Full Committee, view the Farm Credit System, 10 a.m., 1300 Longworth. markup on H.R. 1670, the ‘‘National POW/MIA Re- Committee on Education and the Workforce, Subcommittee membrance Act of 2015’’; hearing entitled ‘‘Improving on Health, Employment, Labor, and Pensions, hearing en- Customer Service for the Copyright Community: Ensur- titled ‘‘Principles for Ensuring Retirement Advice Serves ing the Copyright Office and the Library of Congress Are the Best Interests of Working Families and Retirees’’, 10 Able To Meet the Demands of the Digital Age’’, 11 a.m., a.m., 2261 Rayburn. 1310 Longworth. Committee on Energy and Commerce, Subcommittee on Committee on the Judiciary, Full Committee, markup on Communications and Technology, markup on H.R. 1641, H.R. 2831, to make technical amendments to update the ‘‘Federal Spectrum Incentive Act of 2015’’; and a dis- statutory references to provisions classified to chapters 44, cussion draft to amend the National Telecommunications 45, 46, and 47 of title 50, United States Code; H.R. and Information Administration Organization Act to fa- 2832, to make technical amendments to update statutory cilitate that deployment of communications infrastructure references to certain provisions classified to title 52, by providing for an inventory of Federal assets for use in United States Code; and H.R. 1584, the ‘‘CARDER Act connection with such deployment, to streamline certain of 2015’’, 10:30 a.m., 2141 Rayburn. Federal approvals of communication facilities, to provide Committee on Natural Resources, Subcommittee on Federal for measures to promote the use of utility poles in the Lands, hearing on discussion draft of the ‘‘National Park deployment, and for other purposes, 10 a.m., 2123 Ray- Service Centennial Act’’, 10 a.m., 1324 Longworth. burn. Committee on Rules, Full Committee, hearing on con- Committee on Financial Services, Subcommittee on Capital ference report to accompany H.R. 22, the ‘‘Surface Trans- Markets and Government Sponsored Enterprises, hearing portation Reauthorization and Reform Act of 2015’’, 3 entitled ‘‘Legislative Proposals to Improve the U.S. Cap- p.m., H–313 Capitol. ital Markets’’, 10 a.m., 2128 Rayburn. Committee on Oversight and Government Reform, Sub- Committee on Foreign Affairs, Full Committee, hearing committee on Government Operations, hearing entitled entitled ‘‘Iran’s Islamic Revolutionary Guard Corps: Fuel- ‘‘Office of National Drug Control Policy: Reauthoriza- ing Middle East Turmoil’’, 10 a.m., 2172 Rayburn. tion’’, 10 a.m., 2154 Rayburn.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED FOURTEENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 6 through November 30, 2015 January 6 through November 30, 2015 Senate House Total Civilian nominations, totaling 349, disposed of as follows: Days in session ...... 156 145 . . Confirmed ...... 136 ′ ′ Time in session ...... 985 hrs, 30 732 hrs, 14 .. Unconfirmed ...... 204 Congressional Record: Withdrawn ...... 9 Pages of proceedings ...... 8,196 8,647 . . Extensions of Remarks ...... 1,679 . . Public bills enacted into law ...... 28 65 93 Other Civilian nominations, totaling 3,800, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 2,734 Bills in conference ...... 3 3 . . Unconfirmed ...... 744 Measures passed, total ...... 391 484 875 Withdrawn ...... 322 Senate bills ...... 80 32 . . House bills ...... 70 302 . . Air Force nominations, totaling 5,562, disposed of as follows: Senate joint resolutions ...... 4 1 . . House joint resolutions ...... 1 3 . . Confirmed ...... 5,326 Senate concurrent resolutions ...... 11 6 . . Unconfirmed ...... 233 Withdrawn ...... 3 House concurrent resolutions ...... 22 26 . . Simple resolutions ...... 203 114 . . Measures reported, total ...... *256 *346 602 Army nominations, totaling 3,482, disposed of as follows: Senate bills ...... 195 6 . . Confirmed ...... 3,354 House bills ...... 30 269 . . Unconfirmed ...... 128 Senate joint resolutions ...... House joint resolutions ...... 3 . . Senate concurrent resolutions ...... 1 . . . . Navy nominations, totaling 3,936, disposed of as follows: House concurrent resolutions ...... 3 . . Confirmed ...... 3,928 Simple resolutions ...... 30 65 . . Unconfirmed ...... 8 Special reports ...... 20 5 . . Conference reports ...... 1 3 . . Marine Corps nominations, totaling 1,067, disposed of as follows: Measures pending on calendar ...... 195 71 . . Measures introduced, total ...... 2,697 4,851 7,548 Confirmed ...... 1,066 Bills ...... 2,325 4,137 .. Unconfirmed ...... 1 Joint resolutions ...... 25 74 . . Concurrent resolutions ...... 25 99 . . Summary Simple resolutions ...... 322 541 . . Quorum calls ...... 6 2 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 310 265 . . Total nominations received this Session ...... 18,196 Recorded votes ...... 378 . . Total confirmed ...... 16,544 Bills vetoed ...... 2 1 . . Total unconfirmed ...... 1,318 Vetoes overridden ...... Total withdrawn ...... 334 Total returned to the White House ...... 0

* These figures include all measures reported, even if there was no accom- panying report. A total of 171 written reports have been filed in the Senate, 354 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, December 2 10 a.m., Wednesday, December 2

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Continue consideration of ation of H.R. 3762, Restoring Americans’ Healthcare H.R. 8—North American Energy Security and Infrastruc- Freedom Reconciliation Act. ture Act of 2015 (Subject to a Rule). Consideration of the conference report to accompany S. 1177—Every Child Achieves Act of 2015 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Eshoo, Anna G., Calif., E1688 Maloney, Carolyn B., N.Y., E1686 Fitzpatrick, Michael G., Pa., E1686 McCollum, Betty, Minn., E1687 Bishop, Sanford D., Jr., Ga., E1685 Guinta, Frank C., N.H., E1681, E1683 McDermott, Jim, Wash., E1683 Buck, Ken, Colo., E1690 Herrera Beutler, Jaime, Wash., E1681 Moulton, Seth, Mass., E1682 Chu, Judy, Calif, E1683 Higgins, Brian, N.Y., E1681 Payne, Donald M., Jr., N.J., E1683 Coffman, Mike, Colo., E1685, E1688 Israel, Steve, N.Y., E1684 Rice, Tom, S.C., E1686 Comstock, Barbara, Va., E1681, E1684 Jackson Lee, Sheila, Tex., E1689 Conyers, John, Jr., Mich., E1690 Johnson, Eddie Bernice, Tex., E1685, E1689 Sewell, Terri A., Ala., E1682, E1684 Costa, Jim, Calif., E1689 Knight, Stephen, Calif., E1686 Slaughter, Louise McIntosh, N.Y., E1685 Courtney, Joe, Conn., E1687 Lipinski, Daniel, Ill., E1681 Smith, Adam, Wash., E1690 Crenshaw, Ander, Fla., E1682 LoBiondo, Frank A., N.J., E1688 Takai, Mark, Hawaii, E1685 Davis, Rodney, Ill., E1690 Lowey, Nita M., N.Y., E1689 Webster, Daniel, Fla., E1688 DeLauro, Rosa L., Conn., E1691 Luetkemeyer, Blaine, Mo., E1682 Young, David, Iowa, E1686, E1690

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