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, MONDAY, JULY 27, 2015 No. 119 Senate The Senate met at 2 p.m. and was Republicans and Democrats continue ORDER OF BUSINESS called to order by the President pro to rally around a bipartisan, multiyear Mr. REID. Mr. President, I choose tempore (Mr. HATCH). highway measure that is fiscally re- not to speak today. So I would ask the f sponsible and will not raise taxes. Chair to announce the business of the The bill before us would streamline day. PRAYER regulations, advance research and in- The Chaplain, Dr. Barry C. Black, of- novation in transportation, modernize f fered the following prayer: infrastructure and transportation sys- RESERVATION OF LEADER TIME Let us pray. tems, and inject new accountability The PRESIDING OFFICER. Under Eternal God, incline Your ear and measures so Americans can get a bet- the previous order, the leadership time hear our prayer, for without Your pres- ter handle on how their tax money is is reserved. ence and power, our striving is in vain. actually being spent. Preserve us with Your loving provi- This multiyear bill also reverses the f trend of short-term temporary patches, dence, guiding us through each season HIRE MORE HEROES ACT OF 2015 of life’s sojourn. giving State and local Governments Lord, teach our lawmakers Your the certainty and the stability they The PRESIDING OFFICER. Under way, illuminating their path with the need to better plan road and bridge the previous order, the Senate will re- lamp and light of Your truth. Remind projects. On top of that, the bill would sume consideration of H.R. 22, which them that true greatness comes also provide State and local Govern- the clerk will report. through service, as they remember to ments with more flexible options for The senior assistant legislative clerk esteem others as better than them- stretching those transportation dol- read as follows: selves. lars. A bill (H.R. 22) to amend the Internal Rev- So this is a good bill for our country. You, O Lord, are a God full of com- enue Code of 1986 to exempt employees with Substantial numbers of Republicans passion. You are gracious, long-suf- health coverage under TRICARE or the Vet- and Democrats continue to support it. erans Administration from being taken into fering, and abundant in mercy and But time is running out to get this bill account for purposes of determining the em- truth. through Congress. We are up against a ployers to which the employer mandate ap- We praise Your matchless Name. deadline at the end of the week. Jobs plies under the Patient Protection and Af- Amen. are on the line. Important infrastruc- fordable Care Act. f ture projects are too. So we have to get Pending: PLEDGE OF ALLEGIANCE the job done—and we are. McConnell modified amendment No. 2266, We have had to navigate some espe- in the nature of a substitute. The President pro tempore led the cially difficult political terrain to get McConnell (for Kirk) amendment No. 2327 Pledge of Allegiance, as follows: this far already. It hasn’t always been (to amendment No. 2266), to reauthorize and I pledge allegiance to the Flag of the easy, but we are now nearing comple- reform the Export-Import Bank of the United States of America, and to the Repub- United States. tion of the Senate’s work on this bill. McConnell amendment No. 2328 (to amend- lic for which it stands, one nation under God, If the bipartisan coalition supporting indivisible, with liberty and justice for all. ment No. 2327), to repeal the Patient Protec- this fiscally responsible, multiyear bill tion and Affordable Care Act and the Health f continues to cooperate and work hard, Care and Education Reconciliation Act of RECOGNITION OF THE MAJORITY I know we can get there. 2010 entirely. LEADER I want to thank every colleague who McConnell amendment No. 2329 (to the lan- has worked so hard already on this bill, guage proposed to be stricken by amendment The PRESIDING OFFICER (Mr. particularly Chairman INHOFE and Sen- No. 2266), of a perfecting nature. JOHNSON). The majority leader is recog- ator BOXER, who have really done mag- McConnell amendment No. 2330 (to amend- nized. nificent work to get us to this point. ment No. 2329), to change the enactment date. f Let’s hope we can all get it across the finish line. The PRESIDING OFFICER. The Sen- THE HIGHWAY BILL ator from Illinois. f Mr. MCCONNELL. Mr. President, 25TH ANNIVERSARY OF THE AMERICANS WITH ‘‘there is no such thing as a Republican RECOGNITION OF THE MINORITY DISABILITIES ACT road or a Democrat road.’’ That is what LEADER Mr. DURBIN. Mr. President, there Chairman INHOFE said a few days ago, The PRESIDING OFFICER. The are no ideas more central to America’s and he is absolutely right. No wonder Democratic leader is recognized. democracy and identity than liberty

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

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VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.000 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5894 CONGRESSIONAL RECORD — SENATE July 27, 2015 and equality. The Declaration of Inde- ADA,’’ who has passed on, and my Let me tell you about the late Bob pendence lists liberty among man- great friend from Chicago, Marca Greenberg, a legendary sportscaster at kind’s inalienable rights and states: Bristo, President and CEO of Access WBEZ radio in Chicago. For his loyal ‘‘All men are created equal.’’ But it Living. Chicago radio audience, Bob described wasn’t until 1870 that the 15th Amend- In 1977, Marca had a serious accident sporting events that they couldn’t see. ment to the Constitution was ratified, and broke her neck, leaving her para- But Bob’s story is unique because Bob extending the vote to African-Amer- lyzed from the chest down. She lost her couldn’t see them either. Bob Green- ican men, and women were not given job, her house, and her health insur- berg was blind. But that didn’t stop the right to vote in America until 1920, ance. A lot of people would have given him from achieving his dreams. when the 19th Amendment was ratified. up—but not Marca Bristo. She led an In the early 1980s, Hall of Fame bas- America’s democracy has indeed been army of people who could not see, hear, ketball player Kareem Abdul-Jabbar imperfect, but throughout our history, walk, and talk to mobilize and pass the was taking questions from reporters we have sought to address our imper- most comprehensive civil rights law after a hard game. He turned to Bob, fections. After all, the story of Amer- since the Civil Rights Act of 1964. who was holding a white cane and a ica is not the story of a perfect nation. Marca is a force of nature. Every day, microphone and he said: How did you It is the story of a nation in pursuit of Marca and her team are on the get here? a more perfect nation. frontlines helping people with disabil- It wasn’t hard, Bob said. He then ex- So it is sobering but not surprising ities. They help people such as Michael plained how he knew the exact number that it took us nearly to the end of the Grice. He uses a power wheelchair and of steps from his home to the Lake 20th century to expand and acknowl- has been involved with disability activ- Street ‘‘L,’’ how he felt for the right edge the rights of another group of ism for many years. He has a bright combination of coins to put in the Americans who suffered discrimination personality that draws many people to turnstile, and then how he knew the through history—people with disabil- him. exact number of steps to take along ities. He speaks with passion and compas- West Madison to Chicago Stadium. This Sunday we mark the 25th anni- sion. He calls himself a very active per- Kareem Abdul-Jabbar paused to take versary of one of the most important son. He was living on his own in an that in and finally said: Ask your ques- civil rights victories in our nation’s apartment in Hyde Park on the South tion, sir. history—the enactment of the Ameri- Side of Chicago until health complica- It was clear. Bob Greenberg worked cans with Disabilities Act. The Ameri- tions led him into a group home, where hard to get where he was. cans with Disabilities Act set forth he lived for more than a year. His There is no doubt that laws such as four great goals for people with disabil- health continued to deteriorate, and he the ADA helped Bob. I just wish we had ities: equal opportunity, full participa- moved into a nursing home. passed it sooner. Maybe Bob’s road to tion, independent living, and economic Michael and the group home staff achieving his dream could have been a self-sufficiency. But the fundamental planned for him to stay at the nursing little smoother. goal of the ADA is simple. In the words home for 6 to 8 weeks and then move of one activist, the ADA is about secur- back on his own. Those 6 to 8 weeks be- Let me close by noting this. I wonder ing for people with disabilities the came nearly 3 years. Michael grew if the Americans with Disabilities Act most fundamental of rights: ‘‘the right more frustrated. That is when Marca were called before the Senate today, if to live in the world.’’ Bristo and Access Living came to the it would pass. We know how great it is. It is worth remembering that this rescue, and they helped Michael find a We know what it has done for America. was a bipartisan victory. Senator Bob new place so he could live on his own. But there were also always voices Dole, a Republican and a veteran Last year Michael was able to move then—and there are voices now—that wounded by German machine gun fire from the nursing home into his own question whether Government ought to in World War II, and Tom Harkin, a apartment. have that big a say, that big a role, Democrat from Iowa, teamed up to get I am proud of activists such as Mi- that big a voice in our private lives and this done. chael and Marca and the folks at Ac- our public lives. Thank goodness Bob When President George H.W. Bush cess Living. We owe them a debt of Dole, a Republican, and Tom Harkin, a signed the ADA into law, he said: ‘‘To- gratitude for helping America realize Democrat, put together a coalition day’s legislation brings us closer to our full potential. that realized that at some moments in that day when no Americans will ever It is hard to imagine, but before the history we have to move together as an again be deprived of their basic guar- Americans with Disabilities Act, peo- American family to solve a problem. antee of life, liberty, and the pursuit of ple with disabilities were denied the We use our Government to achieve that happiness.’’ opportunity to participate fully in so- goal. Tom Harkin called the day the ADA ciety. Back then, very few transit sys- The day the ADA passed, Senator passed the proudest day of his legisla- tems had buses or trains equipped for Harkin stood at this podium in the tive career. I remember a story he told wheelchairs. If you needed a haircut or Chamber and gave his entire speech in the Senate a few years ago. When he to see a doctor or just wanted to meet sign language. Afterward, he said it was first elected to the Senate, his a friend for a cup of coffee, you prob- was the first time anyone ever gave a whole family came for the swearing-in ably had to rely on family and friends long-winded speech on the Senate floor ceremony. They sat up in the gallery or a social service agency. and no one ever heard him. He was right behind me. He even arranged a The Americans with Disabilities Act wrong. His brother Frank heard him. sign language interpreter for his older has changed that. The Americans with Marca Bristo heard him, Michael Grice brother Frank, who was deaf. But he Disabilities Act has changed America. heard him, Bob Greenberg heard him, was told by the guard outside of the Every day you can see how far we have and millions of others with disabilities gallery door that the interpreter was come as you walk down the street— heard that speech. not allowed to stand in the gallery and with curb cuts, ramps, braille signs, Before leaving the Senate, Senator interpret. and assisted listening devices. Because Harkin taught me a wonderful sign for Tom Harkin could not believe it. He of the ADA, thousands of Americans the word ‘‘America.’’ It is this: All ten came down to the floor and told the with disabilities get to go to school, fingers joined together, rotating in a majority leader, Bob Dole, the situa- get a good education, and enter the circle around your chest. That is sign tion. Senator Dole said: ‘‘I will take workforce. language for ‘‘America.’’ That is the care of it.’’ And he did. It was the first We still have a long way to go. The America that we all are striving to be- thing they did together. It sure wasn’t unemployment rate for people with dis- come, a place where no one is left out, the last. Five years later they watched abilities is still too high. Most people where we are all included within the President Bush sign the ADA into law. with disabilities want to work and circle of equal opportunity. That is I want to give credit to some tireless have to work. When they do work, that how we honor our Constitution and our advocates who helped make that a re- can impact our communities in ways great Nation—with liberty and justice ality: Justin Dart, the ‘‘Father of the that are hard to imagine. for all.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.006 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5895 SYRIAN SAFE ZONE ANNOUNCEMENT The PRESIDING OFFICER. The Sen- Missouri, Nebraska, New Hampshire, Mr. President, I recently spoke on ator from Mississippi. New Jersey, New Mexico, New York, the floor about the terrible humani- Mr. WICKER. Mr. President, I once North Carolina, North Dakota, Ohio, tarian crisis in Syria. If you had to again come to the floor to talk about a Oklahoma, Pennsylvania, Rhode Is- pick out one place in the world today Feinstein-Wicker amendment to this land, South Carolina, South Dakota, where more innocent people are dying, Transportation bill, which I hope we Tennessee, Texas, Vermont, Virginia, it is hard to think of any place that can have a vote on and dispose of and Washington, West Virginia, and Wis- matches Syria. Over 200,000 people have let the U.S. Senate work its will on, ei- consin, Mr. President. None of those died during the course of the Syrian ther late tonight or perhaps tomorrow States allows twin 33s now, but there is war, and up to 12 million Syrians have after the pending business is taken a proposal I am trying to stop that been displaced. care of. would mandate that these States must I have a friend of mine in Chicago, he I would begin by quoting from an edi- allow for the longer and, I believe, is a Syrian American doctor, Dr. torial that was in yesterday’s Post-Ga- more dangerous trucks. Sahloul, who comes to see me regularly zette, the daily newspaper in Pitts- The editorial goes on to quote the and brings photos back from Syria. burgh, where it says: ‘‘The tractor- former head of the National Highway They are heartbreaking photos. trailer roaring by you on the highway Traffic Safety Administration, who Dr. Sahloul and his friends literally could be 9 feet longer next year.’’ It ‘‘likens the massive trucks to ‘trains sneak across the border into Syria to could be this long, as shown on this on highways’ that would damage roads treat the casualties in this war. He chart I have in the Chamber. It could and endanger motorists.’’ I think it shows me pictures of surgeries per- be mandated by this Congress on 39 makes a lot of sense. I think it would formed on the floors of schools and on States that do not want it. damage roads. I think it would endan- card tables, and he shows me those who The editorial goes on to point out ger motorists. have been maimed and killed by the there is legislation pending that would Now, if my State of Mississippi, with barrel bombs of Bashar Assad and by force these longer trucks on these 39 the considered judgment of the Mis- the ravages of war. States—on all 50 States—11 of them al- sissippi Department of Transportation We will be judged as a generation as ready allow it, but 39 do not. Unless we and their commission, the Mississippi to whether we have responded properly act and adopt the Feinstein-Wicker Sheriffs’ Association, the Mississippi to this humanitarian challenge. amendment on this bill, a provision in Association of Chiefs of Police—if all of In April, Senators KAINE, GRAHAM, the Transportation appropriations bill those people are advising us against and MCCAIN joined me on a letter to will go forward and is likely to be this, why should we as a Congress tell President Obama urging him to work signed into law requiring this. This these States that we know better than with other world leaders to create no- will have been done, I might add, with- they do? fly zones within Syria where modern out a full debate, without a hearing I will just quote one final statement medical treatment can be provided and being held in any committee of the from the editorial before I ask it be displaced persons can safely escape. Senate on this issue. printed in the RECORD. The editorial I have raised this with many involved So what are we talking about? I have concludes: ‘‘With its bridges already in in this extremely difficult issue, in- in the Chamber a poster that says: the worst shape in the nation, Pennsyl- cluding Gen. John Allen, Retired, U.N. ‘‘Would You Feel Safe Driving Next to vania doesn’t need longer trucks on its Special Envoy for Syria Staffan de a Double 33?’’ As shown here, this is roads.’’ Mistura, the Turkish Ambassador, and the size of the proposed new longer Mr. President, I ask unanimous con- National Security Advisor Susan Rice. trucks that we would mandate on all 50 sent that this editorial be printed in So, I was heartened today—in fact, States. As you can see on the chart, the RECORD. exhilarated—to read in the morning here is the size of a typical passenger There being no objection, the mate- paper that the United States is now car. Here is the comparative size of a rial was ordered to be printed in the working with Turkey and other coun- motorcycle, a bicycle, and, of course, RECORD, as follows: tries to establish a humanitarian safe here is a defenseless pedestrian. Com- [From the Pittsburgh Post-Gazette, July 26, zone in the northern part of Syria to pared to the pedestrian down to the 2015] try to find one patch of real estate in passenger car, this Federal mandate BIGGER’S NOT BETTER: LONGER TRACTOR- that war-ravaged country where these that I am trying to at least give a TRAILERS SPELL TROUBLE ON THE ROAD children, their mothers, families, elder- timeout to would mandate on States (By the Editorial Board) ly people, and those who have been that they allow these twin 33 trailers, The tractor-trailer roaring by you on the hurt can go and safely—safely—be and they would be driving along next highway could be 9 feet longer next year if treated and live. to this car that my kids are going to be Congress approves a measure backed by We have to do this. The Turks are driving in and my grandchildren are FedEx and other shippers, who want bigger going to lead the way. We are going to going to be riding in. I do not think it trucks so they can haul more stuff. It’s a bad support them, but it is a challenge not is a good idea. idea everywhere in the nation, but particu- just to our two countries—to us and to But I would point out, if a State does larly in Pennsylvania with its poorly main- think it is a good idea, I am not going tained roads and bridges. Turkey—but to the world to step up The legislation would force states to allow and put an end to this bloody, terrible, to stand in their way. Some 11 States ‘‘twin 33s’’—trucks that pull two trailers, ruthless war. have decided they are willing to take each 33 feet long. Only 11 states allow them There have been so many casualties. this risk—many of them out in the now, and Pennsylvania is not among them. The United States—our good people wide-open spaces of the West. But it is Double trailers here cannot be more than 28 who reach out to help those around the worth saying that these 39 States do feet, 6 inches, and single trailers can be no world—should stand and be counted not allow longer tandem trucks, and more than 53 feet long. when it comes to the establishment of we should ask ourselves whether Con- Supporters say the change would eliminate 6 million trips each year, improve the envi- this humanitarian zone to try to bring gress knows better than these States. ronment and cut down on crashes. But any- some peace to some part of the popu- These States do not allow them: Ala- one who has ever held his breath as a mas- lation living in war-torn Syria. bama, Alaska, Arkansas, California, sive truck comes within inches of his car This won’t solve the larger crisis Colorado, Connecticut, Delaware, Geor- while making a turn would be hard to con- right away, which ultimately will re- gia, Hawaii, and Illinois. As a matter of vince that bigger is better. quire a political transition in Syria. fact, we have a unanimous resolution The former head of the National Highway Without a political dialogue, there is from the Illinois State Senate, a bipar- Traffic Safety Administration likens mas- no long-term hope for Syria, only tisan, unanimous resolution from the sive trucks to ‘‘trains on highways’’ that Illinois State Senate, saying: Do not would damage roads and endanger motorists. short-term relief. Trucks weigh 20 to 30 times more than cars, But this announcement does have the mandate these double 33s on us. I go and they take longer than cars to come to a possibility to bring the Syrian civil on: Kansas, Kentucky, Louisiana, stop, particularly on wet and slippery roads. war one step closer to an end. Maine, Maryland, Michigan, Min- A U.S. Department of Transportation study Mr. President, I yield the floor. nesota, my home State of Mississippi, found that the twin 33s require 22 more feet

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.025 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5896 CONGRESSIONAL RECORD — SENATE July 27, 2015 for braking than the current trucks on the trailers, but the small business people verse and put the brakes on, to a cer- road. In 2013, 3,964 people died in crashes in- cannot. It is much harder for them to tain extent, is not permissive in na- volving large trucks. get a loan. It is much harder for them ture. It is a requirement. If it goes Pennsylvania Sen. Bob Casey, a Democrat who is crusading against the change, says to come up with the capital expendi- through, we will be telling 39 States longer trucks would cause more than $2 bil- ture of moving to this, and many of they are wrong, somehow we are right lion in damage to the nation’s roads and them feel as though they will be put here in Washington, DC. bridges. With it bridges already in the worst out of business. So I hope, first of all, we can get an shape in the nation, Pennsylvania doesn’t So I think we should be very careful amendment on the floor, and I hope need longer trucks on its roads. about saying we are going to run over Members will search their consciences Mr. WICKER. Once again, I stress the the considered opinion of people in 39 and decide that indeed this is some- point, this is Pennsylvania specific. States, we are going to disregard the thing which at least ought to be thor- Pennsylvania has made a considered Mississippi Association of Chiefs of Po- oughly studied. We ought to have all of decision not to allow these. I think it lice and a host of other State chiefs of the facts. More than that, this is some- ill-behooves us as a Congress to say we police associations, we are going to dis- thing where we don’t need to run over know better about the roads and the regard the Mississippi Sheriffs’ Asso- the 39 States that happen to feel other- condition of the bridges in the State of ciation and a laundry list of other sher- wise. Pennsylvania than the local authori- iffs associations from all around the I thank the Presiding Officer and ties do. United States of America. yield the floor. So in the interest of deferring to the I think the better approach is the The PRESIDING OFFICER. The Sen- States, I think we should adopt the Feinstein approach, which lost on a tie ator from California. Feinstein-Wicker amendment not to vote in the Appropriations Committee. Mrs. BOXER. Mr. President, I appre- mandate these longer trucks on States The Feinstein approach says: Let’s ciate the presentation by my friend. He that do not want them. make sure we have a full and com- is absolutely right and my colleague Also, I do want to stress a few things. prehensive study about this and get Senator FEINSTEIN is absolutely right If this goes forward, it will have been back to us, and if we implement it, on this point. done with no hearings in this Congress let’s do it in the normal course of I think the American truckers are in any committee. The Appropriations events with the rulemaking process saying, I say to my friend from Mis- Committee, which voted on this, did and comments from all sides. sissippi, that this is a modest exten- not have a hearing. The transportation So all this Feinstein-Wicker amend- sion, a 5-feet extension, but it is 5 committee, which I serve on, did not ment does is say we cannot mandate times 2, as my staff pointed out, so this have a hearing. The commerce com- this this year. Instead, we are going to is a 10-foot extension. And many of our mittee, which is another committee of ask the leading experts in this city to States are already in trouble. Many of jurisdiction on this matter, never had a come back to us and tell us if, in their our bridges are structurally obsolete. hearing about this. Wouldn’t it be a opinion, this is safe, to tell us, in their So the American truckers are pushing good idea—before we tell States they opinion, what this will do to bridges hard for this. But I think my friend is have to do this—to get proponents of and infrastructure. I think that is the right. I think States ought to be able this Federal mandate before us to an- better approach. to decide the condition of their roads, swer questions about it—perhaps oppo- There were 30 members of the Appro- the condition of their bridges, and if nents of this Federal mandate to come priations Committee who voted on this they feel this type of increase is going and give us their considered opinion, issue—exactly 30. Let me make sure I to jeopardize safety, I don’t think experts about the safety issues, experts am precise. The Feinstein amendment Uncle Sam ought to be telling them about what this will do to bridges, lost on a vote of 15 to 15. Now, should what to do. about what it will do to tear up our that go forward as the policy of this Mr. WICKER. If my friend will yield highways. Wouldn’t that be a good idea U.S. Senate? I do not think so. I think briefly. before we decide in our wisdom inside we owe it to the American people, on Mrs. BOXER. Yes. the beltway in Washington, DC, that an issue that involves safety, on an Mr. WICKER. I know she wants to we know better than 39 States? I think issue that involves infrastructure, and talk about the larger issue. If it is, in it would be a good idea. on an issue that involves deferring to fact, a modest and relatively harmless We might want to hear from AAA. the States to make the best decisions extension of the size, then I think per- We might want to hear from officials of for their people—I think we owe it to haps States might want to make that the State of Missouri who have memo- them to have a full vote and not let decision themselves. They may very rialized this Congress not to mandate something go forward on a virtual tie well conclude—39 have not made that this on the very people whom they are vote. decision, but 11 States have made that trying to represent on a State-by-State The provision that is now in the ap- decision. And even though some may basis. I would like to get the Mis- propriations bill was adopted 16 to 14 in consider this a modest extension, I sissippi Trucking Association here. the Appropriations Committee with no think modesty and the length of the They have come out against this Fed- hearings. I simply ask my colleagues, trucks and the safety thereof is really eral mandate. They are in favor of the is that the way to make a major safety in the eye of the beholder, and the Feinstein-Wicker amendment to con- decision, an infrastructure decision for State of Mississippi might feel very dif- tinue to leave this up to the States. I the American people? ferent than one of the wide-open West- would like to get them before a hearing So we are nearing the time when sup- ern States. and hear them out. Perhaps Members porters of the Feinstein-Wicker amend- I thank my friend for her comments. of Congress and members of the various ment are hoping for a vote. I was Mrs. BOXER. I thank my friend, and committees could be convinced, as I heartened to hear the conversation of I agree with him. If each of us had have become convinced, that they are the majority leader yesterday that he written the bill that is before us, it correct. certainly hoped we would be able to wouldn’t look the way it looks. Clear- Why would any trucker be opposed to have votes on germane amendments ly, if my friend had written it, this this? I will simply tell you, a lot of like this. I appreciate the efforts of the wouldn’t be in there. If I had written it, truckers are small businesspeople. We ranking member of the committee, a this wouldn’t be in there and a lot of honor small business people. We know friend of mine from California, in say- other things would. they are the engine of job creation in ing she is going to do whatever she can I am so happy Chairman INHOFE has the United States of America. Many of to get us a vote on this. So I do appre- arrived. I am the ranking member on the small truckers have told me—and ciate it. the Environment and Public Works they make up organizations like the I would say to Members listening Committee. Our title is responsible for Mississippi Trucking Association—they today, it is time to get informed on 70 percent of the spending in this legis- cannot compete in an environment in this issue. It is time to find out what lation. We knew that everyone had a which this becomes the norm. The big the facts are, to realize this appropria- wish list. We knew that if one Senator guys can easily move to the tandem 33 tions decision that I am trying to re- got everything he or she wanted, we

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.002 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5897 wouldn’t have a bill, and if I got every- is the reason so many of our colleagues need of repair be printed in the thing I wanted, we wouldn’t have a bill. on both sides of the aisle are willing to RECORD. We had to meet in the middle, and we admit that while this isn’t a perfect There being no objection, the mate- had to withhold on some of the items bill, we cannot sustain this. Either rial was ordered to be printed in the on our wish list. Frankly, I think that bridges are crumbling or they are col- RECORD, as follows: is the story of legislating a huge and lapsing. STATE EXAMPLES OF DEFICIENT HIGHWAY important bill such as this, and it is an There are other examples. I will keep BRIDGES IN NEED OF REPAIR important bill. up the California bridge collapse so ev- Alabama—I–65 Bridge over US–11 in Jeffer- Before I came over here, I say to my erybody can see it. It is the one I know son County friend Senator INHOFE, I read that the the best because it is in my State. As Arizona—I–17 Bridge over 19th Avenue in whip over in the House, who comes I have said, and I ask rhetorically, how Maricopa County from California, said: The Senate much business are we losing when we Arkansas—I–30 Bridge over the UP Rail- have cars and cargo having to go 400 road in Pulaski County should not send the bill over to the California—Golden Gate Bridge House. miles out of the way to get from Cali- Colorado—I–70 Bridge in Denver My response to that is, if we have a fornia to Arizona or Arizona to Cali- Connecticut—West River Bridge in New bill, we are sending it. fornia? This is a nightmare. Haven He said: We are leaving, and that is As I understand it, we found some District of Columbia—Memorial Bridge it. emergency funds, and so now we need Florida—Pensacola Bay Bridge If the House chooses to go out on va- to try to figure this out. Should we Georgia—I–285 Bridge in Fulton County close part of it down or keep part of it Hawaii—Halona Street Bridge in Honolulu cation, a work period, or whatever they County do, that is their business, but it is our open? It is not that safe to do, and Illinois—Poplar Street Bridge connecting job to fix the problems we are facing. there is no reason why we should have with St. Louis, MO With the help of my friend Chairman a situation such as this. Indiana—I–65 Bridge over the CSX railroad INHOFE, I have a couple of pictures to It may surprise everyone to hear how Iowa—Centennial Bridge show everyone. many bridges are deficient and in need Kentucky—Brent Spence Bridge The first picture is my photograph of of repair. In Kentucky, the Brent Louisiana—Calcasieu River Bridge Maine—Piscataqua River Bridge the bridge collapse on Interstate 10 at Spence Bridge; in Louisiana, the Calcasieu River Bridge; in Maine, the Maryland—Chesapeake Bay Bridge the Arizona-California border. Years Massachusetts—I–95 Bridge in Middlesex ago they said this bridge was function- Piscataqua River Bridge; in Maryland, Michigan—I–75 Rouge River Bridge ally obsolete. In other words, when it the Chesapeake Bay Bridge; in Massa- Minnesota—I–35 E Bridge over Pennsyl- was built, nobody thought so much chusetts, the I–95 Bridge in Middlesex; vania Avenue traffic would be traveling on it. Later in Michigan, the I–75 Rouge River Mississippi—Vicksburg Bridge they gave it an A, but it was deter- Bridge; in Minnesota, the I–35 East Missouri—I–270 E Bridge over Conway Bridge over Pennsylvania Avenue; in Road mined to be obsolete. Nevada—Virginia Street Bridge in Reno The reason bridges like this aren’t Mississippi, the Vicksburg Bridge; in Missouri, the I–270 East Bridge over New Hampshire—I–293 Bridge in getting fixed is we just haven’t had Hillsborough enough funds to do it. In this bill, it is Conway Road; in Nevada, the Virginia New Jersey—Garden State Parkway in true—we stayed away from a tax gas Street Bridge in Reno; in New Hamp- Union County increase, and we found a way to get shire, the I–293 Bridge in Hillsborough. New Mexico—Main Street Bridge When I am done reading this, I will enough for what I consider to be a very New York—Brooklyn Bridge have the whole list printed in the North Carolina—Greensboro Bridge solid funding bill. Ohio—John Roebling Suspension Bridge I will show everyone some other RECORD. In New Jersey, the Garden State Oklahoma—I–40 Bridge over Crooked Oak bridges that have collapsed, and there Parkway in Union County; in New Creek are so many. Here is Washington State. Oregon—Columbia River Crossing Mexico, the Main Street Bridge; in New The Skagit River Bridge collapsed. Pennsylvania—Benjamin Franklin Bridge York, the Brooklyn Bridge. Rhode Island—I–95 Viaduct in Providence Look at this. It is unbelievable. There These are iconic structures, and they are cars down below that have crashed. South Carolina—I–85 Bridge in Greenville need to be fixed. They are deficient. Texas—I–45 Bridge over White Oak Bayou This is pathetic. This isn’t a third- In North Carolina, the Greensboro Utah—I–15 Bridge over SR 93 in Davis world Nation; this is America, and a Bridge; in Ohio, the John Roebling Sus- County Washington State bridge collapsed. pension Bridge; in Oklahoma, the I–40 Washington—Evergreen Point Floating How are we going to get the money for Bridge over Crooked Oak Creek; in Or- Bridge it? We need to pass a long-term bill. Wisconsin—US–41 Bridge over the egon, the Columbia River Crossing; in Menomonee River If we pass a 5-month bill the way Pennsylvania, the Benjamin Franklin some of our opponents are calling for Bridge. Mrs. BOXER. Mr. President, if ever here and in the House, we won’t have a Do you think we ought to fix the there were a bipartisan issue, it is this dime to fix any bridge. All we are doing Benjamin Franklin Bridge? one. When Republican President is, at the bare minimum, extending the In Rhode Island, the I–95 Viaduct in Dwight Eisenhower was running for of- program. Nobody is going to undertake Providence; in South Carolina, the I–85 fice, he was shocked at the condition of any type of long-term fix on these Bridge in Greenville; in Texas, the I–45 our roads and the fact that we really bridges. Bridge; in Utah, the I–15 Bridge; in didn’t have roads that were in good This is the Arlington Memorial Washington, the Evergreen Point River shape connecting one State to the Bridge. It was built in 1932. We know Bridge; in Wisconsin, the US–41 Bridge; next. about it; it is right here. It is deterio- Alabama; Arizona; Arkansas; and Cali- This is the United States of America. rating. It is in trouble. We are trying fornia. We are a large and sprawling nation. to avoid a collapse. We need this bill to The Golden Gate Bridge is the hall- He said that ‘‘a network of modern do that. mark and one of the landmarks of my roads is as necessary to defense as it is So when I talk about this bill—these State, and it is deficient and in need of to our national economy and our per- bridges are in trouble. repair. sonal safety.’’ This is Dwight Eisen- Here is a picture of another bridge Colorado; Connecticut; the District hower. ‘‘A network of modern roads is that actually did collapse. This is in of Columbia. I showed everybody the as necessary to defense as it is to our Minnesota. This started the whole Memorial Bridge. Florida; Georgia; Ha- national economy and our personal thing, and it was in 2007. It was unbe- waii, the Halona Street Bridge in Hon- safety.’’ He was referring to the fact lievable what happened there, and we olulu County; Illinois, the Poplar that we really couldn’t move easily be- can see the devastation. This is why Street Bridge; Indiana, the I–65 Bridge tween the States if there was some Senator INHOFE is doing this. It is the over the CSX Railroad; in Iowa, the type of national emergency. reason I am doing this. It is the reason Centennial Bridge. I was a little girl when Eisenhower Senator MCCONNELL is doing this. It is Mr. President, I ask unanimous con- ran, and my father was a lifelong Dem- the reason DICK DURBIN is doing this. It sent that the list of deficient bridges in ocrat, but he was for Ike. One of the

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.027 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5898 CONGRESSIONAL RECORD — SENATE July 27, 2015 reasons he was for Ike was because he or 11 or 12, but I am not the only one have a chance to vote on it. This is the knew we needed this kind of network. putting this together. We have to find last chance we have to get off of the It appealed to him. He knew how im- that magic sweet spot where we can part-time extensions. portant it was. get 60 votes here in the Senate. I would ask my good friend from If we look at the groups that are sup- I am thinking if they vote no on this California if she is observing the same porting us in this effort, I will just say but it passes, when they go to meet one circumstances that I am. they represent America. They are ev- of these workers and the worker says: Mrs. BOXER. Madam President, I am eryone from the U.S. Conference of Thank you so much; we got this job be- observing it exactly the same way. I Mayors to the Brotherhood of Car- cause we got a 3-year funding bill, what said before that we have a very honest penters; from the Chamber of Com- are they going to say? I didn’t vote for relationship in terms of where we can merce to the International Union of it because I didn’t think the funding find that common ground, and it is in Operating Engineers; from AAA—and was right? I wanted it to be done a dif- this arena. most of us belong to AAA because we ferent way? I am sure the worker As the Senator from Oklahoma has are worried something is going to hap- would say, I appreciate that, but I am pointed out, he reads the Constitution pen on one of these bridges or one of working. I am working. I am feeding and I read the Constitution. He has these roadways that are filled with ob- my family. said many times—and he has addressed stacles and we could get in a crash. I understand why people want a bet- people who have heard the Senator say People belong to the AAA, and they ter source of funding, and we have this—that this is a constitutional re- support us. Also, the Laborers’ Inter- tried. As my chairman knows, we have sponsibility to make sure we have national Union, Mothers Against tried so hard. I know he wants to speak roads, bridges, highways, and we can Drunk Driving, the American Council now, so I will close down my time with move interstate commerce. From my of Engineering Companies. this—— perspective, not only do I agree with Let’s put up some more. Again, these Mr. INHOFE. Madam President, will that, but I also think it is a very im- are unusual allies. Usually they are the Senator yield? portant way while we are taking care fighting each other. The National Asso- Mrs. BOXER. I will yield. of the people to see that people have (Mrs. ERNST assumed the Chair.) ciation of Counties agrees with the Na- Mr. INHOFE. I am not attempting to good, decent jobs, and that businesses tional Association of Manufacturers, get the floor. I think what the Senator prosper. and they agree with the Truck Stop from California has said is very signifi- We have never had a problem work- Operators and the National Governors cant. ing together on this. I hope our work- Association. The National League of I think people realize—and I have ing together brings liberals, conserv- Cities agrees with the National Ready said several times that the Senator atives, moderates, and everybody in be- Mixed Concrete Association; the Na- from California and I are about as far tween to tonight’s votes. tional Stone, Sand, and Gravel Asso- apart philosophically as any two people I don’t know what the vote is going ciation; the Owner-Operator Inde- can be. She is a very proud liberal. I to be, I would say to my dear friend, pendent Drivers Association; the Port- am a very proud conservative. We dis- but I do know this. The House is saying land Cement Association; and the re- agree on a lot of issues on the com- through their whip that they are leav- tail industry leaders. Why did they mittee which the Senator from Cali- ing. Well, that is up to them. We all come together for this? If you are in fornia used to chair when the Demo- know, from the Association of General the retail business and people cannot crats were in the majority and which I Contractors, it is stated right here that get to your store, you will not be there chair now, but during all that time and in 25 States we are seeing layoffs right for very long. They may say it is just up to the present time, we have agreed now in the construction arena because not worth it and will buy online. on this. we have not acted. The fact is that we need to fix our When I see people saying they don’t Madam President, I ask unanimous roads. want—I am very disturbed by what the consent that their statement be print- The American Highway Users Alli- House is doing right now. If we don’t ed in the RECORD. ance agrees with the American Society have a long-term bill, then we will go There being no objection, the mate- of Civil Engineers and the Associated right back to what we have done since rial was ordered to be printed in the General Contractors. 2009. RECORD, as follows: I want to make a point. On Tuesday The Senator from California and I re- [From the Associated General Contractors, the Associated General Contractors— member when we passed the 2005 trans- July 21, 2015] the AGC—put out a very important and portation authorization. That was CONSTRUCTION EMPLOYMENT DECLINES IN alarming study. Construction employ- huge. We have had things that have HALF OF THE STATES BETWEEN MAY AND ment declined in 25 States between happened in Oklahoma now as a result JUNE AS CONGRESS SEEKS NEW WAY TO PAY May and June. They went on to explain of that legislation that are saving FOR NEEDED TRANSPORTATION UPGRADES to the press that there were monthly lives. As I have mentioned before, re- Illinois and Rhode Island Have Biggest De- construction employment declines as member the bridge when a chunk of clines for the Month, Delaware and New Congress continued to search for ways concrete fell off and killed a mother of York Have Largest Gains between May and June; Ohio and West Virginia Have Biggest to pay for new highway and transit in- three. That happened right up toward Annual Declines, Idaho and California Add vestments. The monthly construction the 2005 bill. Most. employment figures are troubling. I can’t imagine we are going to be in Construction employment declined in 25 Investing in transportation infra- a position where we go back to increase states between May and June even as 39 structure will make it easier for many the number of short-term—we have had states and the District of Columbia added firms involved in highway and transit 33 short-term extensions since 2009. I construction jobs between June 2014 and construction to add new jobs. can’t imagine we will go back to that. June 2015, according to an analysis today of There are certain States that are If we do that, we don’t get the reforms. Labor Department data by the Associated worse than others. Illinois lost 2.2 per- A lot of the reforms, I say to my friend General Contractors of America. Association officials noted that the monthly construc- cent of its construction jobs—they shed from California, were reforms where tion employment declines come as Congress so many jobs—followed by New Jersey. she had a hard sell. She had a hard continues to search for ways to pay for new New Jersey had the second-most shed- time doing it. There are a lot of highway and transit investments. ding of jobs, 4,600; Ohio shed 3,700 jobs; things—I wanted to change the 80–20 ‘‘While the year-over-year totals remains Florida, 3,100 jobs; Rhode Island, 700 federal share. In some areas it was 60– relatively positive, the monthly construc- jobs. 40, and then 70–30. We couldn’t do it. tion employment figures are troubling,’’ said I heard my colleagues say: Well, We compromised. I remember there Ken Simonson, the association’s chief econo- Vermont lost 500 jobs. Here is the situ- mist. ‘‘Investing in transportation infra- was quite a bit said about that, so that structure will make it easier for many firms ation. I have heard my colleagues say: was one of my losses that wasn’t nec- involved in highway and transit construction We don’t like the way this is paid for. essarily one of the Senator’s gains. to add new staff.’’ We have better ideas. I agree with The bottom line is we have a bill that Illinois (¥4,700 jobs, ¥2.2 percent) shed them. I have better ideas too. I have 10 is going to be before the people who more construction jobs during the past

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.028 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5899 month than any other state, followed by New One issue we need to clarify with our We have a responsibility. We are Jersey (¥4,600 jobs, ¥3.0 percent); Ohio people on our side is that the conserv- moving forward if we get the votes to- (¥3,700 jobs, ¥1.9 percent) and Florida ative position is to support this. Our night. Again, we don’t know that we ¥ ¥ ( 3,100 jobs, 0.7 percent). Rhode Island good friend, our mutual friend Gary will get them. We are working hard to (¥4.5 percent, ¥700 jobs) list the highest per- centage of construction jobs between May Ridley, said that the extensions cost get them. Hopefully, we will move for- and June, followed by Vermont (¥3.3 per- about 30 percent off the top—30 per- ward with a good transportation bill cent, ¥500 jobs); New Jersey and New Mexico cent. In fact, I will say this, after our and, for the first time in 10 years, we (¥2.7 percent, ¥1,100 jobs). 27-month bill, we went over it in the will have a long-term bill. Twenty-four states added construction jobs House, and I had requested an audience Now, the Washington Post did an in- between May and June, while construction with the entire—all 33 Republicans on teresting editorial. They don’t adore employment was unchanged in Wyoming and the appropriate committees, and all 33 this bill. They found problems with it, the District of Columbia. New York (3,300 agreed that it was a conservative posi- as we all do, but they said it is a sen- jobs, 0.9 percent) added the most construc- tion jobs. Other states adding a high number tion. All 33 voted for the bill. I think sible plan by Senators BOXER and of construction jobs included Minnesota we have the opportunity to make that INHOFE—if we worked it out—that it (2,600 jobs, 2.4 percent) and Connecticut (2,200 happen again. provides 3 years of guaranteed funding, jobs, 3.8 percent). Delaware (4.3 percent, 900 Mrs. BOXER. Madam President, re- that it would be a significant improve- jobs) added the highest percentage of con- claiming my time, my friend is right. ment from what we have done in Con- struction jobs during the past month fol- This is an area where conservatives, gress for the past decade. They said lowed by Connecticut, Hawaii (3.7 percent, progressives, liberals, moderates—what lawmakers fumbled from short-term 1,200 jobs) and Arkansas (3.5 percent, 1,700 we call ourselves doesn’t matter. We funding patch to short-term funding jobs). Eleven states shed construction jobs dur- need to have a good, strong highway patch—a nonstrategy that often relied ing the past 12 months with West Virginia system. We need to fix the bridges. We on budget gimmicks and made it dif- (¥12.8 percent, ¥4,300 jobs) losing the high- need transportation. That is what we ficult for transportation officials to est percent of construction jobs. Other states do here. conduct long-term planning. that lost a high percentage of jobs for the In closing, I wish to make this point. The New York Times said on Tuesday year included Rhode Island (¥9.6 percent, Each of our States has relied on the what I said before: Construction em- ¥1,600 jobs); Mississippi (¥7.9 percent, highway trust fund since Eisenhower ployment fell in 25 States this summer ¥ ¥ ¥ 3,900 jobs) and Ohio ( 7.9 percent, 3,900 was President. I have a list, and I think as State agencies awaited word from jobs). The largest job losses occurred in Ohio, Congress on the future of the highway West Virginia and Mississippi. I put it in the RECORD yesterday so I California added more new construction don’t have to put it in the RECORD and transit spending. We also know jobs (47,000 jobs, 7.0 percent) between June again, but it shows how much each there are well over one-half million un- 2014 and June 2015 than any other state. State relies on the highway trust fund. employed construction workers—one- Other states adding a high number of new I will pull out a few States because it half million. Now they are starting to construction jobs for the past 12 months in- is interesting. I know my own State is get laid off again. cluded Florida (25,200 jobs, 6.4 percent), 49 percent. We raise the rest of the I don’t know what else to say to Texas (18,900 jobs, 2.9 percent), Washington money, but that 49 percent is huge, and Members. The biggest reason they are (15,300 jobs, 9.7 percent) and Michigan (14,000 voting no that I heard is they would jobs, 9.8 percent). Idaho (12.9 percent, 4,600 if it were to disappear, we simply could jobs) added the highest percentage of new not do what we need to do. So my State like to find a better funding source. construction jobs during the past year, fol- is about 50 percent. Well, all of us would, and if we had our lowed by Nevada (11.1 percent, 7,000 jobs); Here are some of the States: Rhode way—the Presiding Officer would come Michigan; Arkansas (9.7 percent, 4,400 jobs) Island, 100 percent of its program is up with her funding source. I love and North Carolina. funded by the Federal highway trust mine, which is a refundable gas tax in- Association officials said one of the chal- fund. Alaska, 93 percent is funded by crease, but I can’t get a lot of votes for lenges facing the construction industry is the Federal highway trust fund. that. People won’t give me the votes uncertainty about future federal funding lev- Vermont, 86 percent is funded by the for that. So what do I do, throw up my els for highway and transit repairs and im- provements. Noting that the Senate is ex- Federal highway trust fund. South hands and say we will have another pected to vote on a new long-term surface Carolina, 79 percent; Hawaii, 79 per- short-term extension? No. I sat down transportation bill later today, they urged cent; North Dakota, 78 percent; South with Senator INHOFE, I sat down with members of both parties to work together to Dakota, 71 percent; Connecticut, 71 Senator DURBIN, I talked to Senator address growing problems with the country’s percent; New Mexico, 70 percent. REID and Senator SCHUMER, of course, aging transportation infrastructure. Now, from that list—that is, every- and all of my leadership over here, and ‘‘Passing a long-term highway and transit body who is 70 percent and over—those I did my best. I think everyone has to bill will provide the kind of funding cer- are red States, those are blue States, understand, it is either this way or we tainty many construction firms need to ex- pand payrolls and invest in new equipment,’’ those are purple States. will have to do a short-term patch. said Stephen E. Sandherr, the association’s My point is exactly what Senator I will predict—right now, seven chief executive officer. ‘‘The series of short- INHOFE said yesterday. The fact is, States have shut down their program term transportation funding extensions Con- there is no such thing as a Democratic completely. If we don’t find a solution, gress has passed has clearly had a negative road or a Republican road or an Inde- we are going to be looking at each impact on the construction industry’s recov- pendent road or a progressive road or a other in a month, 2 months, and we are ery.’’ liberal road or a conservative road. We going to see programs shut down. I Mrs. BOXER. That is tragic. What all use the roads, unfortunately, in- often use this analogy, so if my col- happens when people are laid off? We creasingly, at our peril—at our peril. leagues have heard it before, I apolo- know what happens. We are getting out Idaho, 68 percent; Alabama, 68 per- gize in advance. But if you go to the of this tough recession, and none of us cent; New Hampshire, 68 percent; Mis- bank, you want to buy a house; they wants to walk down the path of a souri, 65 percent; Minnesota, 64 per- say: Great news, you qualify, and they short-term solution. cent; Oklahoma, 63 percent; Georgia, 62 only give you a 5-month mortgage. Are So I say to my friend, I am going to percent; Iowa, 59 percent; Ohio, 58 per- you going to buy the house? Of course finish my remarks in about 2 minutes cent; Virginia, 57 percent; Wisconsin, 55 you are not. Are our States going to and when I yield the floor to him, I percent; Oregon, 54 percent, and it goes build a highway if all they have is look forward to hearing his remarks. on. funding for 5 months? No. That is why We have work to do tonight. We have Every single one of our States is the private sector that gets this money to get 60 votes. waiting. The lowest, as I understand it, from the States—that is why they are Mr. INHOFE. Madam President, if looks to be New Jersey at 35 percent, laying people off. the Senator from California will yield, but the fact is whether it is 35 percent Now, I want to say, working with let me make one statement, and then I or 45 percent or 90 percent or 100 per- Senator INHOFE, we were able to create will be coming back later to talk about cent, they all rely on the Federal high- a new National Freight Program and a some of these amendments that will be way trust fund. All of our people pay new program called Assistance for coming up. into it through the gas tax. Major Projects. This means that every

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Now, I am not sug- going to get part of this formula to im- neers, the Laborers’ International gesting at all that Senators be held prove their goods movement, to reduce Union of North America, the U.S. Con- personally liable for a bridge collapse, the costs, and improve performance for ference of Mayors, and AAA, not to but I am talking about the moral issue. business. It expands flexibility for mention Mothers Against Drunk Driv- We do know we have problems. We were rural and urban areas to designate key ing. fortunate that no one was killed in this freight corridors. This is exciting. The I will show you some others. It is ex- collapse, and it was kind of a miracle. program is supported by the Coalition citing to see the National Association But we do know there is a problem. So for America’s Gateways and Trade Cor- of Counties. I started off as a county while we don’t have a legal obligation ridors, as well as business groups such supervisor. I was in local government. to step up to the plate—and I know as the National Association of Manu- You know, to have us agree with the Senator INHOFE agrees with me—we be- facturers. National Association of Manufacturers, lieve there is a moral obligation. Now, under the Assistance for Major the truckstop operators, the National There is this list of bridges. There Programs, this was something Senator Governors Association, the National are three pages of bridges that we WHITEHOUSE of Rhode Island worked League of Cities, the concrete people, know are in trouble. We know that 50 very hard on. The bill provides support and the gravel people—there is one percent of our roads are deficient. Isn’t for major projects of high importance more here—what you see is that every- that enough for us to come together to- to a community, a region, or the Na- body supports this—the American Pub- night—it will probably be late in the tion, through a competitive grant pro- lic Transportation Association, the evening, I expect—and vote to move gram. It includes a set-aside for rural American Trucking Association, the forward with this bill and get it done, areas and ensures an equitable geo- Associated General Contractors of send it to the House, and hopefully, graphic distribution of funds along America. The Associated General Con- they will decide in the same session with strong transparency provisions. tractors of America has warned us if and decide to pass it? There will be a Now, these programs are exciting we don’t get this done, it is going to be celebration across this Nation. It will news. Whether one is from Iowa or a real problem. be a celebration by workers who want California, we are all going to get these So for the sake of every single person to fix these problems, by businesses funds and locally, we will decide how to in America, I hope we have the 60 votes who want to fix these problems, by peo- spend them. we need tonight, and I hope we get this ple who drive who want to see these Our bill passed the committee 20 to 0. moving. There are a lot of people who problems fixed. It is a win-win for our What a great moment that was, and are slowing this bill down. I understand Nation. the reason is we knew we had to com- they are upset about everything. Look, I thank you so much, Madam Presi- promise. So the part of this bill from we each can be upset. I mean every day dent. EPW was a compromise. The part of we can be upset, but we have to try to I yield the floor. the bill from the commerce committee find common ground. Sometimes it is I suggest the absence of a quorum. was a little bit trickier because it did very hard to find it. The PRESIDING OFFICER. The come out on a partisan vote, but we Certainly, Senator WICKER was here. clerk will call the roll. have been working—Senator NELSON He and Senator FEINSTEIN have an The legislative clerk proceeded to and Senator THUNE, Senator amendment. I support it. It is unfortu- call the roll. BLUMENTHAL, and others—on that to nate that Senator WICKER’s opinion Mr. HOEVEN. Madam President, I make it a better title. And I think it is didn’t hold sway in the Appropriations ask unanimous consent that the order moving in that direction. As to the Committee. It is hard. It is difficult. I for the quorum call be rescinded. banking bill, Senator BROWN’s staff personally think he is right. He didn’t The PRESIDING OFFICER. Without worked very hard on this with Senator win in the Appropriations Committee. objection, it is so ordered. SHELBY’s staff, and I believe it has So now we are trying to fix the prob- Mr. HOEVEN. Madam President, I clearly been improved since it was first lem. We may not have the votes, but ask unanimous consent to speak as in released. The Finance Committee was what we do have before us—and I will morning business for up to 10 minutes. tough. Senator WYDEN tried hard. I put conclude with this—is a solid bill with The PRESIDING OFFICER. Without some ideas out there. It was tough to increases so we can fix these bridges. objection, it is so ordered. get them done. But somehow we have I want you to see the last image, VOLUNTARY COUNTRY OF ORIGIN LABELING AND managed to put together the funding. which is the collapse of this bridge in TRADE ENHANCEMENT ACT It does clear the CBO. We are in sur- California. It just happened a few Mr. HOEVEN. Madam President, I plus for 3 years in the highway trust weeks ago or less. What we had here come to the floor this afternoon to talk fund. We haven’t done that. It has been was a bridge that was called function- about a program called Product of Can- 10 years since we had more than a 2- ally obsolete. What they said was that ada. Product of Canada, you might ask year extension. This is real. when it was built there was very little what it is. The Product of Canada Pro- I just say to my friends from the comment on it. But now it is a very gram is the voluntary food labeling House that I know you want to get out important bridge because we have to program they have in Canada. So no of town. Everybody does. It is August, take the goods from Arizona over to one has to participate in this program and we have plans. A lot of us are going California and from California over to in Canada, but if they want to, they to go around the world and do our job Arizona, and it has collapsed. can. It is just that, a voluntary food la- that way, have community meetings, Senator INHOFE and I talk a lot about beling program they call Product of and take a week of vacation with our why we do what we do. He had a dev- Canada. families as every family wants to do. astating bridge collapse—a devastating What does that mean? Well, just tak- But we are staying an extra week in bridge collapse where a mother of three ing from one of the Web sites where we August. You can stay an extra week in was killed just walking by the bridge. looked it up, the ‘‘Product of Canada’’ August. That is not such a terrible That is when he and I said enough is label can only be applied to animals thing. enough. We simply cannot handle it. It that are born, raised, and slaughtered I get an announcement from the whip is our job. in Canada with some exceptions. Now, over there, Representative MCCARTHY Once I was told this when I was a they also have labeling as far as from my State. He says: Don’t send us county supervisor. If you know there is prepacked products. That is actually a bill because we are going home. a problem and people are in danger— mandatory labeling. Under their man- Well, that is their choice. this is what they told us way back in datory labeling it says: All pre- There are so many good organiza- the day because we had an earthquake packaged food products sold in Canada tions. I am going to put this list up problem with the building we were in must be labeled with the name and ad- again and share it because I think it is and the county council said to the five dress of the company. Also, it says: If

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.030 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5901 manufactured outside of Canada, the program, similar to the Product of is what it takes in the Senate. It takes label must reflect it is imported. It is Canada Program because there are peo- 60 votes to pass legislation. You cannot mandatory to state the country of ori- ple in this country who want voluntary do it with just one party or the other. gin on some specific imported pre- labeling. They want a voluntary coun- It takes 60 votes. You have to have bi- packaged products such as wine and try-of-origin labeling program. They partisan legislation. brandy, dairy products, honey, fish, want a program, which as Canada has— I call on my colleagues to get to- and seafood products, fresh fruit and Product of Canada is a voluntary pro- gether with us. Let’s move this legisla- vegetables, eggs shelled, eggs proc- gram. tion. Let’s get together with the House essed, meat products, maple products, At the end of the day, to get this and our friends from Canada and get processed fruits and vegetables. done, to avoid any countervailing duty this done. We can do it. We can do it The program goes on, but the impor- or tariffs under the WTO ruling, we now in a timely way, and we can make tant point I want to make is they have need to repeal mandatory COOL, which sure we not only don’t have any coun- some mandatory aspects to their pre- we do, and we put in place the vol- tervailing duty or tariffs on our ex- packaged products and their pre- untary COOL, which we need to do to ports, but we can also have a voluntary packaged products program as I men- get bipartisan support in the Senate labeling program which many in this tioned. But the Product of Canada Pro- and the House and pass the legislation country want: consumers, producers, gram and the ‘‘Product of Canada’’ we need to pass. We need to do it in our farmers, our ranchers, retailers, label, that is a voluntary program. It is that way in order to get it done time- some processors. animals that are born, raised, and ly—certainly before we go on the Au- But you know what. If somebody does slaughtered in Canada. Why do I come gust recess. not want to participate, that is fine, to the floor of the Senate to point out So this is a clear opportunity to hence the word ‘‘voluntary.’’ That is that Canada has a voluntary meat la- come together in a bipartisan way and the American way. I have had the good beling program, a Product of Canada solve a problem and solve it in a way fortune to work with Representative Program? For the simple reason that that makes sense. We reach out to our CONAWAY. I certainly appreciate him we are and have been engaged in what House counterparts. We reach out to and his hard work. I have also had the do we do about COOL, the Country of our counterparts in the House and we opportunity to work with our good Origin Labeling Program in the United say: You did good work. You did hard friends north of the border. We have no States. work. You passed a repeal of manda- better friend and ally than Canada. We I have offered bipartisan legislation, tory COOL. should be able to get together with our legislation with Senator DEBBIE STABE- That is fine. We are passing your bill. Canadian friends and say: Look, we are NOW of Michigan, who is the lead Dem- At the same time, because there are absolutely doing what the WTO court ocrat on the legislation, bipartisan leg- advocates for labeling, we pass a vol- requires. We are repealing mandatory islation that includes a majority of the untary program so we can actually COOL. We are passing the House bill. agricultural committee in the Senate. move the bill through the Senate, get But at the same time, there are a lot So what we are trying to do is solve into conference with the House, and of people in this country whom we have the country-of-origin labeling dispute get their work done now rather than to be fair to who want a voluntary pro- or disagreement by creating biparti- waiting. The voluntary program is the gram. There is no reason in the world sanship and passing a bill that address- same thing Canada does. So how can to hold up solving this problem by not es the underlying problem. So what is our very good friends in Canada say to allowing them to have a voluntary pro- the problem? us: Well, it is OK for Canada to have a gram, similar to the voluntary pro- The problem is that the WTO court, voluntary program and, yes, we get gram Canada has, Product of Canada. the World Trade Organization court that you are fully repealing mandatory I also would note that my cosponsor has determined that a mandatory food COOL, but, gee, even though we in Can- on the legislation is on the floor. I labeling program, COOL, does not meet ada have a voluntary program, gosh, greet her and thank her for her hard, the WTO requirements. So the House of we don’t think you ought to have one bipartisan work to solve this challenge Representatives, led by the agriculture in the United States. It does not make in a very commonsense way. chairman, MIKE CONAWAY, who is an sense. With that, I yield the floor. outstanding ag chairman in the House, Come on. Let’s get together. Let’s The PRESIDING OFFICER. The Sen- passed a bill that repeals mandatory find a way to get together in a bipar- ator from Michigan. COOL. tisan way, move this legislation, get Ms. STABENOW. Madam President, You know what. We took that bill together with the House and get this first, let me say that it is always a and we have included it in our legisla- done. That is all we are asking. We pleasure to work with the senior Sen- tion which we call the Voluntary Coun- have a good start on this bill. We have ator from North Dakota. We partnered try of Origin Labeling and Trade En- a majority on our ag committee. Spon- on a number of different things, includ- hancement Act of 2015—we took the soring the legislation along with Sen- ing efforts on the farm bill. very same legislation, and we are try- ator STABENOW and me are Senator So it is with great pleasure that I am ing to pass it here. We are trying to JOHN THUNE, Republican; Senator AMY partnering with him again to solve this pass the same—we did not take any- KLOBUCHAR, Democrat; Senator CHUCK problem and to make sure that we thing out of Representative CONAWAY’s GRASSLEY, Republican; Senator HEIDI eliminate any possibility of retaliation bill, passed in the House. We took that HEITKAMP, Democrat; Senator MIKE on our businesses and solve a problem bill. We are trying to pass it here to ad- ENZI, Republican; Senator SHERROD in a way that meets our trade obliga- dress the issue of mandatory food la- BROWN, a Democrat. That is bipartisan. tions and also makes sure that we are beling, mandatory COOL. It is common sense. standing up for our farmers and our But we also added a voluntary pro- It is a simple solution. We are saying: consumers in America. That is really gram, just as Canada has a voluntary OK. We get it. Canada won in the WTO the goal. Product of Canada Program. So there court. We cannot have a mandatory I appreciate Senator HOEVEN’s lead- are just a few basic logical questions I program. We follow the House’s lead. ership and commonsense approach to would ask. First, we are repealing the We pass their legislation. At the same actually solving the problem. It is al- mandatory program. So when some- time, we put in place a voluntary pro- ways great to be with the Senator. body says: Well, you have to repeal gram similar to Canada’s. We are As Senator HOEVEN did say, we have mandatory COOL, and you cannot have reaching out to our friends and neigh- put together a thoughtful and bipar- anything else, we have to repeal man- bors in Canada and saying: Hey, we tisan bill, the voluntary COOL and datory COOL, that is exactly what we want to work with you. Please work trade enforcement act. We are very do. We pass the Conaway bill. We re- with us. That is what we do in this leg- ‘‘COOL’’ here in the country of origin peal mandatory COOL. That is a fact. islation. labeling act. Facts are stubborn things. So let’s be So I hope Senators will join together I also thank our cosponsors. We have clear on that. We do. We pass the with us in a bipartisan—I emphasize Senators GRASSLEY, HEITKAMP, KLO- House bill, and we add to it a voluntary that again—in a bipartisan way. That BUCHAR, THUNE, BROWN, ENZI, CASEY,

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.032 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5902 CONGRESSIONAL RECORD — SENATE July 27, 2015 ROUNDS, MURRAY, BALDWIN, and If the consumer is seeking to pur- address their trade concerns, and they WYDEN, and we are adding more people chase a product of the United States, a said: ‘‘If you do a voluntary label, every day. So we are pleased to have packer is willing to provide it, and which we do in Canada under product the majority of the Agriculture Com- they decide they want to do that— of Canada, you don’t have that trade mittee standing with us on this bipar- farmers want to do that; they want to sanctioned problem.’’ That was in Au- tisan effort. provide that—then there should be an gust of 2014, Gerry Ritz, Agriculture Let me start by saying as well that accurate label. They can look at all the Minister of Canada. while I disagree with the WTO’s con- pros and cons of doing that. Then they Next, in 2012, the WTO Appellate clusion and I am disappointed at the should be able to do that on a vol- Body report quoted both Canada and final outcome of the case, I respect the untary basis. That is all we are saying. Mexico, suggesting that the United decision and acknowledge that we have Anyone who has watched this issue States switch from a mandatory to a to act. We have to act in a responsible over the years knows that both sides voluntary labeling program to move way to address this and live up to our have become very entrenched, and we ‘‘beyond the dispute.’’ So, again, this trade allegations. understand that. But our approach is was from Canada: ‘‘Expanded as re- The potential impact on the economy to say now that we will agree with the quired to meet consumer interest, vol- and other industries demands that we House, we will agree with those who al- untary labelling can provide as much give this issue our full attention, and ways opposed a mandatory country-of- consumer information on origin to in- that is what we are doing. Our legisla- origin labeling, and we will agree on re- terested consumers as the COOL meas- tion offers something that is common peal. However, we need to make sure, ure.’’ That was in 2012, suggesting that sense. It is trade compliant, and it is a on behalf of American consumers, that was the tool that the United States path forward. for American farmers and processors it should use. First, the bill repeals mandatory would give them a tool—a voluntary Then, this is from our Mexican country-of-origin labeling. This is what tool—they can use if they wish to do friends: we have to do to meet our trade obliga- that. Mexico submits that there are at least four tions to Canada and Mexico. There is Now, what is very interesting is the alternative measures. . . . The first alter- no way around it, certainly on beef and fact that back when the mandatory native is a voluntary country of origin label- pork, in order to come together to be country-of-origin labeling bill was on ling scheme, which in Mexico’s view, could able to address this quickly. In fact, we floor and was being passed by the maintain the same labelling criteria on ori- have in our bill the same language as House and the Senate, the people who gin as the COOL measure—that is, born, in the House. So we have the same lan- opposed that at the time introduced S. raised, and slaughtered [in the United States]. guage as the House and the same lan- 1333, the Meat Promotion Act, which guage as the amendment put forward would ‘‘establish a voluntary program That is 2012, Mexico. by our chairman, Senator ROBERTS, for country of origin labeling of meat.’’ So we clearly know that both Canada and others. It was introduced by the same people and Mexico have considered volun- No. 1, we all agree on what it takes who are now saying we cannot do tarily labeling as the responsible ap- to address the trade case and get that that—Senators CORNYN, ROBERTS, proach. In fact, they have suggested we off the table. HATCH, ALEXANDER, and others—all of do that. So while both countries have No. 2, now it becomes this: What do whom were arguing that we should been vocal, it still does not change the we want to do as Americans? What do have a voluntary program, not a man- fact that Canada and Mexico are not we want to do? This is not a realm datory program. entitled to veto what the Congress of where Canada or Mexico really has a So now here we are. You would think the United States of America chooses voice. Once we meet the trade obliga- this would be easy. You would think to do with our laws, as long as we are tion, we have met the test. What do we this would be a slam dunk. What we compliant with our trade obligations. want to do? are suggesting, in fact, is something Clearly, I understand politics—Lord I remember during the farm bill, that was in a bill—a voluntary ‘‘Prod- knows we do. We understand politics, when we were talking about changes uct of the United States’’ label for we understand elections, and we under- we needed to make to address the meat from animals born, raised, and stand negotiations. We understand. If Brazil case on cotton, where they won slaughtered in the United States. At you can put the United States in a po- a case against us, and I asked folks: the time, it was broadly supported by sition to voluntarily stand down and Well, what do the Brazilians think? the meatpacking industry as well as not let consumers know on a voluntary I was told by members of the com- the largest organization of cattlemen basis what is a product of the United mittee, many of whom are now saying in the United States. At the same time, States, that is great for competition, if we have to give Canada veto power or they argued they thought this proposal you are Canada or Mexico. And if they Mexico veto power, that Brazil can’t was a smart way to promote U.S. meat can bully us into doing that—well, have veto power over the United States products while also supporting inter- shame on us if they can bully us into on cotton and that is up to the United national trade—the same people who doing that. States. are now working against us. The fact of the matter is our legisla- We proceeded with a path that we be- In fact, as it turns out, they were in tion, which I believe clearly has the lieved met WTO rules and met the the spot where we are now under- majority of votes in the Senate and needs of American producers. Now we standing we need to land. But instead certainly on the agriculture com- have some of the same folks saying: of agreeing and saying to us that it is mittee, not only meets the trade re- Oh, no, we can’t do anything unless about time you got here, embracing it quirements of the dispute—which we this is something that Mexico likes or and saying let’s do this very quickly so lost, we know it, and we have to ad- Canada likes. So I would argue that we we can put other businesses where may dress it—but stands up for American deal with that—with the trade decision face retaliation in a position of con- consumers, American farmers, and in WTO—in all three bills. Now the fidence so that is not going to happen— processors who choose to use the tool question is this: What do we want to do we thought this would be a no-brainer; of a voluntary label. for our consumers and to support take the bill that was already intro- WTO rules are very clear that a coun- American farmers? duced, and take the language passed by try should not proceed with retaliation So, second, we establish a voluntary the House—now we are seeing that, in if the underlying law has been made ‘‘Product of the United States’’ label fact, the same people who wanted S. WTO-consistent. So folks can stomp defined as born, raised, and slaughtered 1333 are now saying that in the world it around and threaten. We understand in the United States. So you can have will start a trade war and all kinds of negotiations. We all negotiate with whatever labels are appropriate to other things. people who stomp around a lot. have, but if you want to have a label But let’s talk about that for a mo- But the reality is that if we take that that says ‘‘Product of the United ment. Even as recently as last August, away and we are now trade compliant, States,’’ you have to meet the integ- Canadian officials openly discussed a they no longer can legally proceed. The rity of that label. voluntary COOL program as a way to Office of the U.S. Trade Representative

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.034 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5903 has also stated that our approach it, we must make sure those not in- Protection Agency’s so-called clean would be just as WTO-consistent as the volved in the dispute don’t somehow water rule or waters of the United repeal bills alone: ‘‘We believe both op- pay a penalty through retaliation, and States rule—a Federal regulation of al- tions—repealing the mandatory label- then respect our own consumers most unprecedented scope. The EPA ing scheme or repealing the mandatory enough—our own families, our own has claimed this rule would just let it labeling regime and replacing it with a farmers, our own processors enough— stop construction activities that dis- voluntary labeling system—have the to give them a tool, if they decide they turb small, environmentally sensitive potential to constitute compliance wish to use it, to have the integrity of streams and wetlands, but when you with U.S. WTO obligations.’’ a product of the United States labeled. dive into the rule’s 299 pages, you will There is no difference—no difference. It would be a sad day and I believe ir- find it actually expands EPA’s author- And this is a few days ago—July 23, responsible on our part if we move ity to roughly 60 percent of all ‘‘waters 2015. back to the days prior to COOL where of the United States,’’ including irriga- It really comes down to the fact that we were labeling meat that was born in tion ditches, stock ponds, and even dry if Canada has its own voluntary label a foreign country and spent most of its desert washes. for meat produced in Canada, how in life in the foreign country but then This is bad news for Arizona agri- the world can they argue with the could somehow come in and be har- culture and homebuilding sectors, United States of America that our vested here and be called a product of which combined account for most of all farmers and consumers should not have the United States. Talk about some- economic activity in my State. If a the same label? thing that is a problem—that is a prob- farmer wants to build or repair a canal, I think what it boils down to is com- lem. That is a problem. And American the EPA could block it. A community petition. I do, because it starts as a consumers deserve better than that. that wants to build a school or a trade case. We meet our trade obliga- Our own processors and farmers who church near a dry wash will have to tions. We address what we have to do are competing with those in other beg for EPA’s permission. The EPA can legally. Now the question is this: Can countries deserve better than that. even go after property owners if the they bully us into a position to actu- We have the opportunity to embrace Agency thinks water historically ally stand down so we cannot brag a proposal that, frankly, in my judg- flowed across their land, even when about the great meat that we have in ment, should be a no-brainer for us there is no visible evidence. this country and let consumers know given all of the information and the Ultimately, water is the last thing about it? case for why this works. the EPA will be worried about once I understand that the Canadians are So, Madam President, I am looking their clean water rule becomes effec- afraid to compete head-to-head with forward to working with colleagues on tive; they will be drowning in lawsuits. products that are 100-percent born, both sides of the aisle to actually get Another proposed rule by the EPA— raised, and harvested here in the this done. We should get it done quick- the ‘‘Clean Power Plan rule’’—would United States. We do a pretty good job. ly so that we can move on to a whole place new limits on greenhouse gas Our farmers and our ranchers do a very series of issues that need to be ad- emissions that would prevent the use good job, actually. After all, there is no dressed. of coal and result in the elimination of safer, more abundant food supply pro- I yield the floor. 36 percent of Arizona’s electric power duced anywhere in the world than in The PRESIDING OFFICER. The Sen- generation. Of course, the billions of the United States. The American pub- ator from Arizona. dollars that would be needed to comply lic deserves to know if they choose to Mr. MCCAIN. Madam President, I ask with the plan would be passed on to look for that label and purchase that unanimous consent to address the Sen- consumers. Estimates are that utility label. They should have the oppor- ate as in morning business. rates could increase up to 13 percent in tunity to do that. Certainly, when our The PRESIDING OFFICER. Without Arizona. If you are a small business friends in Canada—and they are our objection, it is so ordered. owner and you don’t have the luxury to friends; we work on many issues to- FEDERAL ENVIRONMENTAL REGULATIONS pass on these costs, this dramatic in- gether in a wonderful way. But on this Mr. MCCAIN. Madam President, all crease in your utility bill could prevent one, I have to say I think this is very Americans but especially Arizonans replacing old equipment or hiring new much about competition. And we need should be concerned about the crushing employees or otherwise expanding your to be able to compete economically wall of Federal environmental regula- business. with them in the same way they com- tions that President Obama has been In addition to being a job killer, this pete with us. If they have a ‘‘Made in announcing is coming our way. rule will impact Arizona’s water sup- Canada’’ label, we need to be able to Politico recently noted, ‘‘Two years ply, which in many cases is moved have a ‘‘Product of the United States’’ [after the President originally an- through the State by energy derived label. nounced his intent to take executive from coal-fired plants, negatively af- So I would ask that we stop with all action on climate change], scarcely a fecting consumers and commerce the rhetoric on the floor by folks who week goes by without the administra- throughout the State. sponsored a voluntary label with the tion unveiling a new climate change This rule also threatens default on same definition a few years ago; stop initiative.’’ Common among all these hundreds of millions of dollars in tax- the rhetoric by our friends from Can- regulations is their complete disregard payer-backed USDA rural utility serv- ada and Mexico about how the world for how businesses really operate and ice loans around the country which are will come to an end if the United how they will adversely affect those critical to providing rural residents States has a voluntary program that businesses and their consumers. with affordable energy and reliable, meets our trade obligations. We need According to a report recently re- good-paying jobs. to just take a deep breath and make leased by the American Action Forum, Another rule, which would revise sure that we solve the trade case, that just the 18 ‘‘economically significant’’ ozone regulations, may also dispropor- we do what we need to do and then regulations the White House an- tionately impact Arizona, especially have the USDA in America—the U.S. nounced before Memorial Day will sad- her rural communities. Failing to ac- Department of Agriculture—allow all dle the Nation’s slowly recovering knowledge qualities unique to Arizona of us to decide what we want to do economy with more than $110 billion in regarding ozone concentrations in the about voluntary labeling of our meat— potential cost, with billions more in State—for example, altitude, topog- or anything else, for that matter. unknown burdens. If left uncorrected, raphy, lightning, and wildfires—this We are not interested in starting a these regulations will unfairly impact rule would undermine the State’s con- trade war, and it seems pretty silly Arizona consumers and businesses and, tinuing attractiveness to business by when I hear the hot rhetoric that tries in the view of the Arizona Chamber of creating construction restrictions, per- to claim that. What we are wanting to Commerce, ‘‘cause significant eco- mitting delays, and reduced Federal do is solve a problem that relates to nomic harm to our state.’’ transportation funding. international trade that we all agree One of the most alarming of these So what can be done about all of needs to be resolved. We must resolve new regulations is the Environmental this? Well, that depends. For those

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.036 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5904 CONGRESSIONAL RECORD — SENATE July 27, 2015 rules that have been finalized, we can tory on the frontier of controlling carbon [From The Republic, June 30, 2015] start looking at legislatively repealing emissions. WE HAVE THE RIGHT TO KNOW COST OF NEW them, as a bill Senator FLAKE and I re- Representatives of the big power compa- EPA RULES cently sponsored would do with the nies are flooding Washington, D.C., in a des- (By the Editorial Board) perate effort to mitigate the impact of the clean water rule, or we can pass resolu- OUR VIEW: HOW MUCH WILL NEW CARBON RULES EPA’s venture, known as the Clean Power tions of disapproval under the Congres- COST YOU? THE SUPREME COURT SAYS TAX- Plan. sional Review Act to help bring public PAYERS SHOULD BE ABLE TO FIND OUT Debates between environmental activists attention to them. For those rules that Within months, maybe weeks, the Environ- and politicians over its implications are mental Protection Agency will release new haven’t been finalized yet, we can con- heating up. sider including riders in appropriations rules governing carbon dioxide emissions But few have looked at the EPA’s new car- from energy plants. bills to disrupt their implementation. bon plan with quite the riveted sense of The rules will constitute the most sweep- Madam President, we need to be very alarm as small utility companies that serve ing assertion ever of the EPA’s regulatory clear on what is going on here. These rural customers. power. And it is only the beginning. The EPA regulations don’t represent a good- The president of a small cooperative serv- in the fall is expected to alter its standard faith effort by President Obama to ing rural customers in Arizona, New Mexico for what constitutes unhealthy ground-level work with Congress to legislate trans- and Nevada is blunt about that impact: ozone pollution, which would require signifi- parently with care and acuity to help ‘‘The people throughout rural Arizona that cant, economy-wide investment in ozone-pol- the States ensure the health, welfare, we serve will be screwed more than anybody lution control measures. and safety of our citizens; rather, like else in the country,’’ Patrick Ledger, CEO of That’s a lot of unprecedented action. This the Arizona Generation and Transmission would be a good time for an honest talk the President’s Executive order on im- about the balance between the costs of these migration, they are an example of his Cooperatives, told the Environment and En- ergy news service. policies and their benefits. insistence on using his ‘‘pen and The Supreme Court is strongly suggesting phone’’ to unconstitutionally and uni- Unless the EPA’s plan includes substantial that conversation take place. revisions. Ledger is not exaggerating. laterally forge a legacy—a legacy that In a 5–4 vote, the high court on Monday will, in fact, have a chilling impact on His energy co-op, serving some 500,000 rural said the EPA must reconsider a rule gov- customers, operates one natural-gas-fired economic growth and prosperity. erning mercury emissions, mostly from coal- and two coal-fired units at the Apache Gen- fired power plants, because it did not weigh The fact is, after years of economic erating Station in southeastern Arizona. the costs and benefits of the rule change be- recession, the Arizona economy is One of the coal-fired units is scheduled to fore issuing it. The rule is estimated to cost showing signs of recovery. But with Ar- convert to gas in 2018 to accommodate recent $9.6 billion annually. izona’s growing slower than the rest of EPA rules governing haze. But under the The decision is considered a setback for the country, with only a 1.1-percent in- draft plan proposed by the EPA, the co-op the Obama administration’s all-but acknowl- crease in real gross State product com- would be forced to shutter its coal-fired unit edged mission to retire the majority of the pared to 2.2 nationwide and 65,500 fewer altogether, stranding around $230 million in nation’s coal-fired electric plants. people working in Arizona compared to recent upgrades and investment. But not necessarily a major setback. The court’s decision does not throw out the mer- 8 years ago, Washington has to be fo- In addition, the co-op would have to take on between $450 million and $600 million in cury-emissions standards. It just requires cused on doing everything it can to un- the agency to recalculate the rule while con- burden small business owners and pro- additional debt to rebuild capacity to serve its customers. sidering more closely the price tag of imple- mote entrepreneurialism. These regu- menting it. lations would do just the opposite. All told, that would push the price of the Most importantly, it leaves the EPA in energy Ledger’s cooperative sells to distribu- For these reasons, it will be impor- charge of determining anticipated costs and tive cooperatives to 38 percent above market benefits. tant for all Arizonans and all affected rates. And that, says Ledger, spells the end. Americans to make their concern and In the coming debate over the EPA’s Clean ‘‘We will be put out of business,’’ Ledger Power Plan mandates, Arizonans deserve to outrage heard. For Arizona, Senator told the Republic editorial board last week. know exactly what environmental benefits FLAKE and I join our colleagues rep- We go into bankruptcy.’’ they are getting and whether the costs of im- resenting other affected States and will Arizona Generation’s debt is owed to an- plementing these new emissions standards continue to exercise our constitutional other federal agency. Repeat this story with are reasonable. oversight prerogative to keep the Exec- multiple rural co-ops, and taxpayers will be The EPA’s self-analysis of the costs and utive in check and help educate the stuck with an enormous bill. benefits of its mercury-pollution rule, how- American people about what is coming Ledger and his colleagues understand that ever, suggests an honest report may not be coal’s future is limited, so they are lobbying in the cards. and how it will affect all of us. According to the EPA, its mercury emis- the EPA to give the nation’s 100 smallest Madam President, I ask unanimous sions rule would cost the energy industry utilities more flexibility in meeting the car- consent to have printed in the RECORD (which is to say, consumers) $9.6 billion an- bon goals. the Arizona Republic’s editorials on nually. That figure, however, doesn’t take this issue that appeared yesterday and Ledger doesn’t hold much hope for that, so into account significant factors like the on June 30, 2015; the op-ed from me and he’s also working with Arizona’s other utili- higher costs of additional borrowing the in- ties. This state faced the most ambitious dustry would have to incur, or the potential Senator FLAKE in the Arizona Republic goal to reduce carbon under the draft plan; entitled ‘‘We’re standing up against economic drag. utilities are urging the EPA to give them a NERA Economic Consulting of Wash- regulation-happy Obama’’; the two longer glide path to ease the transition away ington, D.C., calculated the rule’s annual oversight letters we recently sent rel- from coal. cost at $16 billion. evant Agency heads on the Clean Concerns over enormous amounts of However, the EPA gets really creative in Power Plan rule and the clean water stranded debt is a near-universal one as the naming the ledger’s benefits. rule; and the op-ed from Arizona Cham- Clean Power Plan approaches. According to the EPA’s figures, the mer- ber of Commerce president Glenn Arizona’s major utility companies, includ- cury rule generates a direct economic ben- Hamer in the Yuma Sun entitled ‘‘List ing Salt River Project and Arizona Public efit of less than $7 million annually. Part of of examples of federal overregulation is Service Co., recently invested hundreds of that is derived from the 15 percent of preg- millions of dollars to bring their coal-fired nant women in Wisconsin the agency as- way too long.’’ sumes catch and eat at least 300 pounds of There being no objection, the mate- plants into compliance with existing EPA regulations. lake fish per year. rial was ordered to be printed in the The EPA also calculated that secondary Much of that investment will be lost if the RECORD, as follows: impacts of the mercury rule—infinitely more EPA does not revise the draconian carbon re- malleable ‘‘improvements to the public [From The Republic, July 26, 2015] ductions written into the Clean Power Plan, health’’—would boost it’s ‘‘economic’’ value NEW EPA CLEAN-AIR RULES THREATEN RURAL much of which the agency expects to occur to between $24 billion and $80 billion per POWER CO-OPS no later than 2020. year. (By the Editorial Board) A battle among giants, the debate over the Bingo. Economic justification. OUR VIEW: COAL IS ON THE WAY OUT, BUT THE Clean Power Plan is scarcely considering the We are talking about a significant finan- FEDS NEED TO ACKNOWLEDGE ECONOMICS. dire consequences for little-guy energy pro- cial investment to achieve far less impres- By this fall, the federal Environmental viders like the Arizona Generation and sive results. Protection Agency is expected to march the Transmission Cooperatives. As long as the EPA is in control of eco- nation’s energy consumers into new terri- It needs to start. nomically certifying its own rules, it will be

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.038 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5905 impossible to seriously judge whether the on greenhouse gas emissions, including pre- use of those resources limits their ability to upcoming Clean Power Plan emissions rules venting the use of coal, which produces 36 assist with intermittent generation. Mistak- are justified. That stands in opposition to percent of Arizona’s electric power genera- enly, EPA assumes that Arizona can quickly the court’s direction. tion. The billions of dollars necessary to transition from coal generation to natural In Monday’s Michigan vs. EPA decision, comply with this plan would be passed on to gas generation by making greater use of ex- the high court’s majority concluded that fed- consumers through increased utility rates. isting natural gas facilities. The EPA is not eral administrative agencies ‘‘are required to This rule will most negatively impact taking into consideration the peak customer engage in ‘reasoned decision-making.’ ’’ those least able to afford such a rate hike. energy demands the state requires in the That means honestly assessing costs. Likewise, small-business owners who don’t summer months or the current natural gas have the luxury of passing on dramatic util- infrastructure in place. [From The Republic, July 11, 2015] ity-price increases could have trouble replac- Converting coal resources to natural gas will also leave millions of dollars in stranded WE’RE STANDING UP AGAINST REGULATION- ing old equipment or hiring employees. assets in which plants are forced to close be- HAPPY OBAMA These regulations are not intended to bol- fore their useful life. As you are well aware, (By John McCain and Jeff Flake) ster our economy or get Arizonans back to work. They are an assertion of executive utilities throughout the state have recently SENATORS: THIS ADMINISTRATION INTENDS TO power by a president intent on rewriting en- retrofitted a number of these units to com- REWRITE ENVIRONMENTAL POLICY WITH NO vironmental policy, not a thoughtful at- ply with other EPA regulations, such as the THOUGHT TO THE COSTS tempt to help states ensure the health, wel- regional haze rule. It is unreasonable for A few days ago, the U.S. Supreme Court fare and safety of their citizens. EPA to compel utilities and their ratepayers delivered a victory for businesses and con- It is essential that those of us who rep- to comply with one rule, only to render sumers when it turned back the Obama ad- resent Arizona in Congress exercise our con- those investments wasted just a couple of ministration’s regulate-at-all-cost proposal stitutional oversight prerogative to keep the years later under a different rule. for controlling power plant emissions. executive branch in check, and to help edu- Utilities and pipeline providers would, therefore, be forced to spend billions of dol- In Michigan v. Environmental Protection cate Americans about what’s coming and lars on new energy infrastructure which Agency, the court held that the EPA failed how it will affect us all. to consider the potentially exorbitant cost Given what is at stake here, we certainly could take years to plan, implement, and ne- gotiate. The state’s year-round energy needs its regulation would impose on the economy. will. simply cannot be replaced by natural gas- The EPA’s rationale? The costs are ‘‘irrele- fired plants in time for the CPP’s 2020 in- vant’’ to the decision to regulate. U.S. SENATE, terim deadline. We strongly disagree. Washington, DC, July 8, 2015. As the Supreme Court recently found, This is one of several new regulations the Hon. GINA MCCARTHY, these types of economic issues are not ‘‘irrel- White House has imposed over the past two Administrator, Environmental Protection Agen- evant’’ to the rulemaking process. They years with no regard for how businesses real- cy, Washington, DC. must be considered, rather than ly operate. According to the American Ac- Hon. TOM VILSACK, marginalized. And, in this case, it is not sim- tion Forum, 37 major regulations the White Secretary, U.S. Department of Agriculture, ply the stranded cost of investing in new House recently announced it is planning on Washington, DC. emissions technology or the increased rates; releasing will saddle the nation’s recovering Hon. SHAUN DONOVAN, it is also the impact on other areas of the economy with more than $110 billion in po- Director, Office of Management and Budget, state’s economy, such as water deliveries tential costs—hardly ‘‘irrelevant.’’ Washington, DC. that depend on energy. An increase in water- If left unchecked, those regulations will DEAR ADMINISTRATOR MCCARTHY, SEC- delivery costs, particularly during the ongo- unfairly impact Arizonans and, according to RETARY VILSACK, AND DIRECTOR DONOVAN, We ing drought, will only serve to further harm the Arizona Chamber of Commerce, ‘‘cause write to express deep concern with President consumers. significant economic harm to our state.’’ Obama’s attempt to bypass Congress and This situation is no doubt exacerbated by One of the most alarming new regulations commandeer the state regulatory process to the possibility that taxpayers could also pay is the Environmental Protection Agency’s impose unduly burdensome carbon-emissions more for this rule, as it threatens to cause so-called Waters of the United States Rule. regulations at existing power plants; the so- default on over $250 million in taxpayer- The EPA claims the rule protects only called Clean Power Plan (CPP). Our fear is backed Rural Utilities Service (RUS) loans waters that ‘‘have historically been covered that the CPP would create significant tech- in Arizona. But, Arizona’s coal plants, in- by the Clean Water Act’’ and that it ‘‘pro- nological and economic challenges that dis- cluding those with expensive air pollution tects clean water without getting in the way proportionately affect Arizonans. controls, will not operate long enough under of farming, ranching, and forestry.’’ As proposed, the CPP would force Arizona, the CPP to pay these loans back. Shuttering But, dive into the rules 299 pages and you’ll unlike almost any other state, to achieve a Arizona’s coal plants before their useful life find it actually enshrines the EPA’s author- 52% reduction in its carbon-emissions by is completed will challenge rural electric co- ity to regulate nearly everything that is con- 2030, with nearly 90% of that reduction operative’s ability to pay back those loans. sidered a ‘‘tributary,’’ including irrigation (equivalent to re-dispatching all of Arizona’s In an effort to address many of these con- ditches and dry desert washes. coal-fired baseload generation) coming with- cerns, on December 1, 2014, the Arizona De- While this rule was supposed to be based on in five years. The plan effectively ignores partment of Environmental Quality (ADEQ) science, there are glaring omissions in how Arizona’s zero-emission nuclear asset, Palo in concert with the Arizona Utility Group, Arizona’s arid landscape was considered. An Verde Generating Station, and gives little proposed a compliance plan that would work analysis of U.S. Geological Survey stream credit for the widespread deployment of re- for Arizona. They suggested narrowly modi- maps projects that Arizona would see a 200 newable technology throughout the state. fying EPA’s CPP to allow newer, more effi- percent increase in river miles subject to the Instead, the plan charges head long toward cient coal-fired power plants to continue to EPA’s jurisdiction. dictating Arizona’s resource portfolio and fully operate after 2030. This more gradual This is bad news for Arizona’s agriculture regulating beyond the fence line. plan would ensure that investments in ex- and home-building sectors, which are vital to Shrouded by the veil of choice, EPA con- pensive emission control technologies will the state’s economy. The federal government tends that Arizona can use a combination of not be stranded and that the CPP’s impact could block farmers from building or repair- options (aka ‘‘building blocks’’) to achieve on Arizonans will be mitigated. With the proposed final rule currently ing canals, communities from building these targets. In reality, the CPP treats Ari- pending before OMB, we would appreciate schools or churches near dry washes, or even zona so harshly that it would be compelled your consideration of the Arizona Utility private property owners from developing on to maximize the use of all its building block Group proposal and our concerns, as well as their own land if the agency believes water ‘‘options’’ just to comply with the rule. This a written response to the following questions historically flowed there, despite no visible is hardly a choice. Rather, as explained by no later than July 27, 2015: evidence that it still does. Harvard law professor Laurence Tribe, the 1. What cost-benefit analysis was con- When this massive regulatory expansion proposed plan would effectively dictate the ducted in connection with the Administra- becomes effective, Arizonans will be drown- energy mix in each state, allowing a federal tion’s decision to go forward with this rule? ing in consultants’ fees and lawyers bills. We commandeering of state governments and Specifically, what is the expected aggregate have introduced legislation halting this rule violating principles of federalism that are economic impact of this rule on Arizona until the scientific analysis of intermittent basic to our constitutional order. businesses and consumers? and ephemeral streams is complete. As an example, EPA expects Arizona to re- 2. The USDA has indicated that $254.8 mil- We are also pushing back against the fed- dispatch coal-fired generation almost en- lion is held through RUS loans in Arizona. eral government’s water grab in other ways. tirely with increased natural gas generation. What is the value of these loans that USDA Recently, the Forest Service formally with- Yet, EPA ignores that more than half of the holds nationally? drew its groundwater directive, something state’s existing natural gas capacity is mer- 3. Is the OMB taking the significant loss of we asked it to do last October. For now, at chant capacity, not owned by Arizona utili- taxpayer investment in these loans into con- least, private property rights that could ties. Moreover, Arizona’s natural gas gener- sideration of the EPA’s final rule? have been impacted by that rule are safe. ating units are often used to manage the di- 4. If the rule is approved and Arizona’s But another proposed rule by the EPA, the verse energy portfolio, including renewable rural energy providers are forced out of busi- ‘‘Clean Power Plan,’’ would place new limits supplies, meaning that increased baseload ness, what happens to the existing loans?

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.008 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5906 CONGRESSIONAL RECORD — SENATE July 27, 2015 Thank you for your attention to this mat- [From the Yuma Sun: Opinion, June 24, 2015] or threatened, many dozens in Arizona. This ter, I look forward to your response. GUEST COLUMN: LIST OF EXAMPLES OF results in high costs to industry by hindering Sincerely, FEDERAL OVERREGULATION IS WAY TOO LONG development and economic growth and im- JOHN MCCAIN. (By Glenn Hamer) posing exorbitant compliance costs even JEFF FLAKE. when the designation does not give an accu- During an address before a joint session of rate picture of the species’ status. the Indiana State Legislature, Ronald Government regulation and oversight U.S. SENATE, Reagan once quipped, ‘‘If the Federal Gov- serves an important purpose. However, the Washington, DC, July 23, 2015. ernment had been around when the Creator federal government has a responsibility to Hon. GINA MCCARTHY, was putting His hand to this State, Indiana ensure the regulations it promulgates are Administrator, Environmental Protection Agen- wouldn’t be here. It’d still be waiting for an fair, equally applied, and result in an cy, Pennsylvania Ave. NW., Washington, environmental impact statement.’’ These re- articulable benefit. Recent environmental DC. marks were from a speech given in 1982, and regulations demonstrate a failure to recog- DEAR ADMINISTRATOR MCCARTHY: I’m writ- although tongue-in-cheek, their meaning un- nize the limits of federal authority and to ing concerning the Environmental Protec- fortunately still rings true 33 years later. meaningfully engage the states to develop tion Agency’s (EPA) Clean Water Rule that The federal government continues to roll regulatory schemes that safeguard public was signed on May 27, 2015. As you know, I’ve out rules and regulations that are often health and safety, acknowledge the unique written you before opposing the rule and I’ve overly burdensome and unnecessary. This qualities of the individual states, and sup- cosponsored several bills in the Senate to has a particularly chilling effect on business port a robust and growing economy. block it because of the damage it will inflict and economic growth. What’s more, the Ari- zona business community is increasingly Mr. MCCAIN. Madam President, I on job creation and economic recovery in Ar- suggest the absence of a quorum. izona. concerned that the regulatory agenda of the current administration unfairly impacts Ari- The PRESIDING OFFICER. The The Clean Water Rule will extend Clean zona, and has the potential to cause signifi- clerk will call the roll. Water Act jurisdiction to roughly 60-percent cant economic harm to our state. The legislative clerk proceeded to of all ‘‘waters of the United States,’’ effec- Last week I sent a letter to Sen. John call the roll. tively allowing EPA to regulate small McCain outlining five federal rules, pri- Mr. CASSIDY. Madam President, I streams like it currently does large rivers. marily driven by the Environmental Protec- ask unanimous consent that the order But the rule can also apply to ephemeral tion Agency (EPA), that illustrate this con- streams, irrigation ditches, stock ponds, and cern: for the quorum call be rescinded. even dry desert washes that are common in First up, the EPA’s carbon emission rule The PRESIDING OFFICER. Without Arizona. As such, the rule disproportionately for electric power plants. In this proposed objection, it is so ordered. impacts Arizona farmers, cattlemen, devel- rule, the EPA has assigned Arizona one of f opers and other key sectors of Arizona’s the most stringent reduction goals in the economy historically and moving forward country—52 percent carbon emission reduc- HONORING THE MEMORY AND into the 21st century. Please bear in mind tion by 2030, with an aggressive interim goal LEGACY OF THE TWO LOUISIANA that agriculture makes up about 30-percent to achieve more than three-quarters of that CITIZENS WHO LOST THEIR of the economy in my home state, and that reduction by 2020. Arizona’s utilities would LIVES IN THE ATTACK OF JULY construction jobs account for roughly 13-per- need to retire a majority of the coal-fired 23, 2015, IN LAFAYETTE, LOU- cent of new jobs created in Arizona during generating facilities in the state to meet this ISIANA the economic recovery. goal, This transition is not economically fea- sible and would threaten the reliability of Mr. CASSIDY. Madam President, last In recent years, the EPA has, unfortu- Arizona’s electricity supply. week a terrible tragedy occurred in La- nately, succeeded in building a track record Next, the EPA and the U.S. Army Corps of of unilaterally reinventing federal statutes, fayette, LA, when a mentally ill gun- Engineers (USACE) issued a final rule chang- man opened fire in a movie theater like the Clean Air Act and Clean Water Act, ing the definition of ‘‘waters of the United to advance politically-sensational regula- filled with innocent people. States,’’ under the Clean Water Act. This Jillian Johnson was a talented artist, tions. What follows is not genuine environ- brings vast swaths of land under the federal mental protection, which is vitally impor- government’s jurisdiction and disproportion- successful entrepreneur, and an active tant, but a stigmatization of EPA and its re- ately impacts Arizona as a result of our member of the Lafayette community. strictive regulations, which are criticized unique landscape and infrastructure. For ex- Jillian played in a local all-female and then litigated for their blatant disregard ample, Arizona’s canal systems, drainage band, co-owned a gift and toy shop, and for their economic harmfulness. This pattern systems, ditches, and private property will often organized community projects recently forced the hand of the Supreme be subject to federal government control, that benefited all. She was a kind and Court in Michigan et al. v Environmental which limits our ability to manage water al- Protection Agency, in which it rejected charitable soul, described by her hus- location and usage locally. According to a band as a loving friend, daughter, sis- EPA’s new rule on mercury and air toxic recent economic analysis, our system of ca- Standards because the agency had not justi- nals is responsible for 30 percent of Arizona’s ter, and wife. fied the economic cost-benefit of the rule. gross state product, yet the EPA found the Mayci Breaux was an incredible Against this backdrop, I respectfully re- definitional change would ‘‘not have a sig- young lady with a bright future ahead quest that you respond to the following ques- nificant economic impact.’’ of her. A student of Louisiana State tions: The EPA is also considering a rule that University, Mayci was studying to be a would lower the air quality standard for medical radiology technician and was 1. Explain on what basis the EPA has con- ozone. Under the EPA’s proposed range, the cluded that its economic-impact analysis for engaged to her high school sweetheart, entire state of Arizona stands to be classified planning to marry after she graduated. the final Clean Water Rule determined that as a non-attainment area. Such a designa- this rule is ‘‘appropriate and necessary?’’ tion brings significant consequences, includ- Mayci worked at a local fashion bou- 2. What economic-impact analysis, if any, ing permitting delays, restrictions on con- tique, where her customers and co- did the EPA conduct in connection with the struction, and threats to our federal trans- workers remember her generous smile Clean Water Rule that took into account Ar- portation funding, all of which will undoubt- and wonderful optimism. izona businesses and consumers in par- edly make it more difficult for Arizona to at- These two women exemplify the ticular? tract and retain businesses. kindness and essence of the Lafayette Arizona is further disadvantaged by these 3. Following the Supreme Court’s ruling in community. Although they were taken environmental regulations because of the Michigan et al. v EPA, do you believe EPA from us far too quickly, their memo- cost of proving so-called ‘‘exceptional sufficiently calculated the rule’s cost consid- events’’ and their frequency in our state. As ries live on. ering that the Small Business Administra- we all know, Arizona is home to frequent Let’s also take a moment to thank tion’s Office of Advocacy’s requested that dust storms during the summer months. the heroes in this tragedy—the Lafay- the EPA withdraw the rule because it ‘‘will These exceptional events occur regularly in ette police, Acadian Ambulance, the have a direct and potentially costly impact Arizona and contribute to artificially poor on small business’’ and requested further re- employees of the Grand 16 movie the- air quality readings. Under the EPA’s cur- view by the SBA? Please explain your an- ater, and other first responders who rent Exceptional Events Rule, a state can be swer. acted bravely and quickly to stop the subject to a non-attainment designation and shooter and aid the injured. We are Thank you for your attention to this re- other significant consequences unless it can quest. prove that a poor air quality reading is the grateful for their service, and we honor Sincerely, result of an exceptional event. them today. JOHN MCCAIN, Finally, the federal Endangered Species I also acknowledge by name Jena United States Senator. Act lists hundreds of species as endangered Meaux and Ali Martin. Their quick

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.007 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5907 thinking and courageousness saved Workshop, a gift and toy shop in La- The PRESIDING OFFICER. Without lives when they crawled across the fayette. She also was full of life, full of objection, it is so ordered. movie theater floor to pull the fire talent, full of vigor and happiness. She The resolution (S. Res. 231) was alarm to alert authorities. played the ukulele and guitar for The agreed to. Lafayette and Louisiana are resil- Figs, an all-female sextet from Lafay- The preamble was agreed to. ient. In times of tragedy and pain, we ette. (The resolution, with its preamble, is come together to support and care for These are two individuals who are printed in today’s RECORD under ‘‘Sub- one another. The love we have for each completely irreplaceable, and they will mitted Resolutions.’’) other, even in the darkest of times, be sorely missed. Mr. VITTER. Madam President, will help Lafayette, our State, and our I also join Senator CASSIDY in recog- again, we all hold these families, par- community recover. nizing and thanking the heroic actions ticularly the two victims and their The events that transpired in Lafay- of those two teachers from Jeanerette families, in our prayers and our con- ette last week are a reminder of the High School in Iberia Parish, Jena tinuing thoughts and our love. It was a long road we must take to reform our Meaux and Ali Martin. According to horrible incident. But I know the com- mental health system. Too many inno- several reports, Ali jumped in front of munity of Lafayette well, I know the cent lives are being taken from us in Jena to shield her from the shooting, State well, and it certainly will not senseless attacks in movie theaters, very likely saving her life; it caused stop with the pure tragedy. Certainly schools, churches, and other places the bullet to hit Jena’s leg instead of folks will hold up these families in love where we should feel safe. The common Ali’s head. Ali was shot in the leg in and support and prayer and work to- denominator in these tragedies is all the process. Despite her injuries, Jena ward far better resolution of issues in- too often untreated mental illness. courageously pulled the fire alarm, volved, as the one Senator CASSIDY As public servants, we should seek to alerting the whole movie theater and mentioned. keep the public safe, but our mental certainly saving lives. So we pay trib- I yield the floor. health system is badly broken and fails ute and remember them as well. I suggest the absence of a quorum. to do so, and reforms are coming too We also pause and remember and con- The PRESIDING OFFICER. The slowly. It doesn’t make sense that par- tinue praying for the recovery of nine clerk will call the roll. ents caring for a mentally ill child can- other individuals who were wounded in The legislative clerk proceeded to not be part of medical decisionmaking that horrible incident: I mentioned call the roll. that could prevent horrendous trage- Matthew Rodriguez, the boyfriend of Mr. INHOFE. Madam President, I ask dies like these. I can go down the list Mayci Breaux; Morgan Julia Egedahl; unanimous consent that the order for of reforms that need to be made to im- Dwight ‘‘Bo’’ Ramsey and his wife the quorum call be rescinded. prove our mental health system. I am Gerry—cousins of Congressman BOU- The PRESIDING OFFICER. Without working with my good friend Senator STANY, by the way, and good friends of objection, it is so ordered. CHRIS MURPHY on legislation that will mine and Senator CASSIDY’s; Ali Viator f help reform our mental health system Martin, an English teacher at HIRE MORE HEROES ACT OF 2015— and make it easier for those in need to Jeanerette Senior High School, and Continued get the help that could potentially Jena Legnon Meaux, whom I men- avert a future tragedy like this. tioned as true heroes in this incident. Mr. INHOFE. Madam President, I see I finish by saying once more that our On Saturday evening, Lafayette resi- there is kind of a lull here. We are thoughts and prayers are with the fam- dents gathered downtown to honor par- waiting around for a vote to take place ilies and loved ones of Jillian and ticularly the two victims who lost at 10 or 10:30 tonight, I think it is, and Mayci and all those wounded who are their lives. During the vigil, one Lafay- I thought I would share. suffering. May they know God’s com- ette resident certainly stated it well: There are still some uncertainties on fort at a time when it may be other- We can’t let evil win. We as a community the bill, the Transportation reauthor- wise impossible for them to feel com- have to rise above that and move forward. ization bill. It is one I am very proud forted. Well, we do, but as we do, Senator to be the author of. In fact, I was privi- leged to be the author the last long- I yield to my fellow Senator and good CASSIDY and I rise today to honor the friend, Senator VITTER. victims, to remember them—particu- term reauthorization in 2005. At that The PRESIDING OFFICER. The Sen- larly Mayci and Jillian—and to cer- time, I was working very closely with ator from Louisiana. tainly recommit ourselves to the im- someone, with a fellow Member who is Mr. VITTER. Madam President, I portant work at hand, including re- the least likely to be working with me on anything. By her own admission, come to the Senate floor sadly, in light garding mental illness, as Senator CAS- Senator BOXER is a very proud liberal of this tragedy, to join my colleague SIDY suggested. Senator CASSIDY in expressing these We have prepared a Senate resolution and I am a very proud conservative, heartfelt thoughts. We rise today to ex- commemorating the victims of this but we do agree there is that old, worn- press our deepest sympathy for the vic- horrible event. out document that nobody reads any- tims of this horrible shooting in Lafay- Madam President, I ask unanimous more called the Constitution, and it ette. The hearts of all of Lafayette and consent that the Senate proceed to the tells us what we are supposed to be Louisiana go out to all of the families consideration of S. Res. 231, submitted doing here. It says, defend America and involved in this tragic incident. earlier today. build our roads and bridges. That is As Senator CASSIDY suggested, we The PRESIDING OFFICER. The what we are doing. That is what this is lost two enormously talented, unique, clerk will report the resolution by all about. and irreplaceable individuals, and we title. We received a disturbing message certainly pay tribute to them. The legislative clerk read as follows: from the House about an hour ago say- As Senator CASSIDY suggested, Mayci A resolution (S. Res. 231) honoring the ing they would not take up our bill. We was a student at Louisiana State Uni- memory and legacy of the two Louisiana are going to pass this bill, but they say versity, full of life, full of hope, full of citizens who lost their lives, recognizing the they are not going to take it up. That promise. She was studying to become heroism of first responders and those on the means there is a dilemma because at an ultrasound and radiology techni- scene, and condemning the attack of July 23, the end of this month, there is no cian. She was scheduled to begin her 2015, in Lafayette, Louisiana. longer any money in the highway trust training just a few days after her trag- There being no objection, the Senate fund, and things will stop. ic death. She was at the movies with proceeded to consider the resolution. I don’t know whether their intention her boyfriend, Matthew Rodriguez, who Mr. VITTER. Madam President, I ask is to give a short-term extension and was among the nine wounded. unanimous consent that the resolution go home or—of course, I am still think- Jillian was the owner of Parish Ink, be agreed to, the preamble be agreed ing brighter minds will prevail and a T-shirt printing company specializing to, and the motions to reconsider be they will realize we have a long-term, in old Acadiana verities. She and her laid upon the table with no intervening 6-year highway authorization bill be- husband also owned the Red Arrow action or debate. cause the things you can’t do in this

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.040 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5908 CONGRESSIONAL RECORD — SENATE July 27, 2015 country, you can’t do with the short- floor, and it took a year to pass legisla- to keep it on. Do you know what that term extensions. tion that would stop that abuse from is? That is the pass to get into Osh- Yesterday, I listed many of the going on. That has continued. I have kosh. The Chair knows this because the bridges that were in terrible shape and always helped people until it happened Chair’s husband has an FBO operation the fact that we could not address to me, and then that had a whole new in Western Iowa. Anyway, I have gone those problems unless we pass a long- feeling because people who are involved to the largest aviation event worldwide term highway reauthorization bill. I in aviation—the one thing they don’t in Oshkosh. It is the last weekend of mentioned also that someone I knew— want to lose is their pilot’s license. July of every year. I have been to every it was right around the 2005 bill—a For many years, I was a builder and one of those, along with my sons, for 36 mother and three children were driving developer in South Padre Island, TX. years. I never missed one. I didn’t miss under a bridge in Oklahoma City. It We are on the east coast now. Nobody one last week either. Some things are was far out of its extended life, its war- knows where Texas is here. They think really important. ranty period, if you will, and a chunk there is no such thing as a nice coast I went there with the idea that we of concrete fell off and killed her. This with beaches and all of that unless it is have the Pilot’s Bill of Rights 2 in is happening all over America. We saw on the east coast, but there is the order to correct the areas where the what happened in Minnesota when that Padre Island area of Texas. It has beau- FAA is either not complying with the disaster occurred, all the pictures of tiful beaches. intent of the law or even the Federal the people who died and were injured. I was in the building business. We district courts are not accepting cases. We are going to be looking at a lot of built condos and townhouses, and I al- We are going to correct that. amendments. I heard there is one ways enjoyed that. Keep in mind this is First of all, if it happens that Sen- amendment that Senator MANCHIN the southern tip of Texas. It is just as ator MANCHIN and Senator BOOZMAN along with Senator BOOZMAN are put- far south as Key West, FL, is, but it is offer their amendments, then I will be ting together to adopt the Pilot’s Bill in the middle of the country. We would supporting their amendments. I am of Rights 2, which is appropriate. It go down there. I would fly my plane going to go over why it is important, may not be as germane as we would probably once a week for quite a num- but if as a result of the announcement like it to be, but it is still transpor- ber of years. I went down, and I was that was made by the House of Rep- tation. making a normal landing. It is not a resentatives 2 hours ago we are not The Pilot’s Bill of Rights 1 was controlled field. You have your ap- going to be having amendments, it is passed 2 years ago. In fact, they would proach controls that control it. The ap- still introduced as a freestanding bill. I not even take it up in committee, but proach control from valley approach—I have 56 cosponsors. That is a lot of co- I had 67 cosponsors to the bill. I was am getting a little technical here, but sponsors. If that happens, I want to very thankful at that time. Of course, I have a reason for telling this story. mention a couple of things that are on the Democrats were in the majority. I He said: All right, you are clear to here. There is a problem with the third- went to HARRY REID’s office and said: land on runway 1–3 in Cameron County. class medical. So 10 years ago, a deci- It doesn’t seem fair to me that we have I went up to land. Just before I touched sion was made, and it was a good deci- 67 cosponsors, and they will not even down, with six passengers—so it was sion. They took the light aircraft, and take it up in the committee. too late for a go-around—I saw that they said if you can drive a car, you He said: Well, that isn’t right. there were a bunch of people working can fly an airplane. They went ahead, We came down to the floor, we rule on the runway. There wasn’t a big X on and we have had 10 years’ experience XIV’d it, and passed it. It does show the runway, which is required. They now without a third-class medical cer- that sometimes when things get really claimed there was. They quickly paint- tificate. There has not been one acci- outrageous, people tend to work to- ed one on right after that. dent in 10 years where it was due to the gether. That was on an issue that just Everyone started criticizing me. I re- fact that they didn’t have any third- a handful of people are aware of, but member there was a front-page cartoon class medical certificates. anyone who is a licensed pilot knows, in the New York Times. Everyone was In this bill, we are taking that up to in their minds, that was the most sig- having a good time with that. The bot- include a larger number of pilots, and nificant thing that was going on. tom line is, I didn’t do anything. They to include airplanes as heavy as 6,000 I have been flying for a lot more claimed there was a NOTAM. That is pounds, carrying six passengers, not years than most people in this Cham- short for Notice to Airmen. The Notice exceeding 250 knots, and several re- ber have been alive. Because I have to Airmen says that if you check your quirements like that in giving them been an active pilot—I have been in notice before you land on the field, you the same opportunities the pilots of aviation for many years—the people will find out if there is construction on the light aircraft have. That is a part who have problems with the FAA the runway, if lights are out or some- of this bill. I know there are a lot of would come to me to help them with thing else. Of course, we did that. people in this Chamber because I have their problems. I found this to be true There was no NOTAM. They claimed talked with them, not a whole lot be- back when I was mayor of Tulsa. We there was a NOTAM—the FAA did. cause we have 56 cosponsors, but there had a police force, a very good police They never could find it. are a lot of them who really believe force. There are a few bad guys who get Anyway, to bring us up-to-date, I in- that would somehow be dangerous. For in there. The same thing is true with troduced and we passed the Pilot’s Bill that purpose, we have made several ex- the FAA. You have a few people who of Rights. In our system, our legal ceptions to it. I will outline these be- take advantage of the power they have holdout was where you are guilty until cause I know there are some Members and take licenses away from people. you are proven innocent if you are a of this body that if this comes up as an I remember 10 years ago, Bob Hoo- pilot. That is the last—because one amendment, they need to know this. ver—I bet none of you ever heard of man’s accusation can turn into the rev- First of all, on a third-class medical, Bob Hoover. Bob Hoover was arguably ocation of a license, so we introduced we have the requirement for an online the best pilot in the history of avia- the Pilot’s Bill of Rights. We gave an medical education course every 2 years. tion. He had a Shrike. A Shrike is a opportunity, if they disagree with the This will make sure the pilots coming twin-engine Aero Commander. He FAA, if an accusation is made—or the up for renewal of their certificate are would put a glass of water on the dash, NTSB—they can go to the Federal dis- up-to-date on all of the new things that and he would start doing barrel rolls trict court. That seemed to work out. have transpired since the last time in and would not spill his glass of water. The bill forced the FAA to put the new medical requirements. I would do barrel rolls, but I would NOTAMs in one secure place where ev- The second thing it does is anyone spill my glass of water. This guy was erybody would have access to it, and who is a new pilot just coming on, he really good. all of these complaints that were made has to have a thorough examination There was an inspection in the field, were dealt with, but a lot of the things that now you have to have every cou- and Bob Hoover lost his pilot’s license. we wanted to happen wouldn’t happen. ple of years. That hasn’t changed. There was no reason for it. In order to In case you are wondering—I will And then the third would be the self- get it back, I actually had to go to the take it off now since there is no reason certification that takes place every 5

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.042 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5909 years, which could actually be done Records Improvement Act of 1996, and big problem: They always had a sur- with your own doctor. Those are some now we will go back to where we were plus. They had too much money, but of the changes that have been made to before that. that has changed with the increased ef- make it a little bit easier for some Many of these issues that were prob- ficiency of cars. Electric vehicles are Senators who will be voting on this lems before and weren’t corrected with using highways, but they are not pay- legislation. the Pilot Bill of Rights are corrected, ing the gas tax. Consequently, we have The second area where the Pilot’s and I feel very comfortable with it. a real problem with funding this legis- Bill of Rights did not—they addressed The reason I have all of this in my lation. it, but there are two Federal judges. mind now is that I just came back from If we take the total amount of reve- You are supposed to be able to go from Oshkosh. Although I was there only 2 nues that come from the gas tax, let’s the FAA to the NTSB, the National days, I was able to give 10 presen- say over the next 6 years because this Transportation Safety Board, and then tations, and there were a little less is a 6-year bill, each year falls short by to the Federal District Court. What has than a half-million pilots there at the $15 billion. So we are looking at being happened in the past is that the NTSB time, so I am sure I got to all half-mil- short $90 billion over a 6-year period. has rubberstamped anything the FAA lion of those pilots collectively with all I can say this because I think I may does, so really the FAA is making of those events that we had. be ranked as the most conservative those decisions without proper due It is kind of interesting because for Member for a longer period of time course which other people are entitled someone who is a pilot, that is the than anybody else in the Senate. I can to. most important thing. We are not talk- talk about this because this is a con- What we have done with this is— ing about Democrats, Republicans, or servative position. The conservative there are a couple of Federal judges things that are controversial. It is just position is to have a long-term bill be- who said they are not going to take a that when you go to Oshkosh and you cause if we do short-term fixes, it case on a pilot until they have ex- see what people have accomplished costs—and this is irrefutable and no hausted all of the administrative rem- through experimentation and the tech- one disagrees with this—an additional edies that come from the FAA and the nology that has developed—it used to 30 percent off the top if we do short- NTSB. We have a solution to that in be that all planes had to be made out of term extensions, and that is what we this bill so this actually explicitly aluminum, and this all changed with have been doing. We have had 33 short- states the pilots will have an option to new types of things that were discov- term extensions since the 2005 bill that appeal the FAA enforcement action di- ered at Oshkosh. People are building we passed expired in 2009, and that has rectly to the Federal courts for a guar- planes behind their garages. used a very large amount of the money anteed de novo trial. De novo means, Well, anyway, so much for that. We that was there to take care of the prob- instead of taking the conclusions of the have a good solution for all of these lems with the roads and the highways. investigation from the FAA and risk- problems, and I will say to the 56 mem- We do have problems out there, and ing rubber stamping it, they have to bers that they are certainly very pop- it is going to take a long-term bill to have a trial from the beginning. That ular among the pilots and the group I take care of it. I have a feeling, since is a very significant change we are spent the last 2 days with. the money runs out on the last day of making. I mentioned that only because in the this month, that the House, if they are The other thing we neglected to do is event that they change the rules not going to take up our bill, they may include certificate holders other than around here, and we are allowed to just pass a short-term extension and pilots. You could be a mechanic, a have amendments that are not ger- then go home. That is not the way I flight attendant, or any number of mane, that would be one of the amend- think it should be done, we have to get things, and not be included in these ments that I would offer, and I want to this long-term bill. legal opportunities, so the Pilot’s Bill be sure that we are at least getting This is something that doesn’t hap- of Rights 2 allows all certificate hold- things into the RECORD so people are pen very often, but now and then it ers to have this. aware of it. While there are no Mem- does. We went through the same thing The third area is the access to the bers here right now, the staff is moni- with the other big bill, which was the flight records. In my case, I could not toring everything that is going on, so I Defense authorization bill over the last get access as to what the FAA was ac- want to make sure people know that is 3 or 4 years, and they didn’t bring it up cusing me of. We thought we had this an issue we may or may not be dealing as they should have early in the year. corrected in the Pilot’s Bill of Rights, with. I remember 2 years ago we passed our but it still needs to be strengthened, so It would be a surprise to me if the Defense authorization bill in June, and we have a section in the Pilot’s Bill of House of Representatives said: Well, we the leadership didn’t bring it up until Rights 2 that requires the FAA to no- are just going to go home, and we are December. If we hadn’t brought it up, tify a certificate holder that he is not going to pass this bill after we go then the kids who are out there risking being investigated and clarify the inci- through all of the trouble of passing it. their lives would lose their reenlist- dent being used to begin enforcement I think there are ample votes to pass ment bonuses, their hazard pay, and a proceedings so that person will know this legislation. Long-term reauthor- lot of things would have happened. what he has been accused of and can ization is a very important thing back Just before the end of December, we address it. in the States. were able to get it done. It is not the The fourth area has to do with docu- The coalitions which are coming to- way things are supposed to be done ment requests. The FAA has retaliated gether on this legislation include the around here. I certainly don’t want against pilots because the Pilot’s Bill Department of Transportation for that done with the highway reauthor- of Rights 1 requested broad documents every State, along with the labor ization bill, but that is what very like- from them, which can be very time unions. They are supporting this legis- ly could happen if the House does what consuming and very costly, and it is lation because it will provide a lot of they say they are going to do. not necessary at all. The solution to jobs. The Chambers of Commerce are With that, I do want to come back that is that we explicitly rein in the all involved; the farmers are all in- and go over some of the larger prob- ability of the FAA to initiate the ex- volved. This has the most popular sup- lems that cannot be addressed unless pansive document request and limit port of anything that we will deal with we pass a long-term highway reauthor- them to the pertinent issues being in- all year long, so we really need to have ization bill. vestigated by the FAA. That should this bill. I am having a hard time be- I will say this: There is a very fine correct that. lieving that if we go through the trou- FBO operation in Western Iowa called We have several other items too. If ble of having a reauthorization bill, the Red Oak. It just so happens that my somebody has a minor infraction in a House is not going to take it up, but son just left Red Oak on his way back car, then after 90 days, or so many that statement was made 2 hours ago, from Oshkosh. It also happens that Red days, it would be taken from their and that may be the situation. Oak is owned by the husband of a very record. That is the way it used to be I can remember in the earlier days prominent Senator in this body who prior to 1996 when they had the Pilot when the highway trust fund had one happens to be presiding now.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.044 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5910 CONGRESSIONAL RECORD — SENATE July 27, 2015 With that, I will come back later, rifice. Since statehood, more than to the extent that we should not put a and we will be talking about these 27,000 of Wisconsin’s sons and daugh- price on our fellow human beings’ free- things because I understand the next ters have died in military service. Sta- dom. Well, it seems we have in this thing we are going to do is a vote at 10 tistics cannot possibly convey the case. In arbitrarily upgrading Malaysia tonight, unless some time is yielded weight of these losses. Statistics are and Cuba, they are clearly politicizing back. I hope they will yield back their merely numbers that could never fully the report, giving an undeserved stamp time. They are not down here talking, communicate the qualities of prom- of approval to countries that have so there is no reason not to yield back ising lives which were cut far too failed to take the basic actions that time. If time is not yielded back, I will short. Statistics say nothing of would merit this upgrade. This flies in talk about some of the projects that unfulfilled hopes and dreams. the face of what Malaysians themselves will not be done unless we have a long- So instead of numbers such as 1 mil- want. In Malaysia, members of the Par- term reauthorization bill. lion or 27,000, I ask everyone to think liament, the legal profession, and With that, I yield the floor. for a moment about a much smaller human rights activists have urged the I suggest the absence of a quorum. but yet even more staggering number— United States to support their efforts The PRESIDING OFFICER. The simply the number one. Sergeant to maintain the tier 3 ranking they tell clerk will call the roll. Holmquist was one man, loved and us Malaysia deserves. Today we have The senior assistant legislative clerk cherished by family and friends. He was failed them. proceeded to call the roll. one man whose loss is a tremendous In Cuba, adults and children are sub- Mr. JOHNSON. Madam President, I blow to Wisconsin and to this great Na- jected to sex trafficking, and the gov- ask unanimous consent that the order tion. ernment continues perpetrating abu- for the quorum call be rescinded. He was one man, but his sacrifice was sive practices of forced labor. The ad- The PRESIDING OFFICER. Without not his alone. His parents Thomas and ministration’s decision to upgrade objection, it is so ordered. LaBrenda, his wife Jasmine, his son Cuba defies common sense. In the State HONORING MARINE SERGEANT CARSON Wyatt, and every other relative and Department’s own words, Cuba is a HOLMQUIST friend left behind are experiencing pro- source country where adults and chil- Mr. JOHNSON. Madam President, I found loss and grief. But tragedy mul- dren—children—are subjected to sex come to the floor to pay tribute to one tiplies. It is not contained. For those trafficking and forced labor. of America’s sons who has fallen in the left behind, the pain may slowly sub- In the case of forced labor, the Castro line of duty. Sgt Carson Holmquist was side, but the wound will never heal. regime itself is the single greatest per- a 25-year-old marine from Grantsburg, The Holmquist family loved Carson petrator of forced labor in Cuba. Every WI, who lost his life tragically as a re- dearly, and our hearts go out to them. year the Cuban Government coerces sult of the heinous act committed by a I pray they will find peace and comfort tens of thousands of its own doctors terrorist on July 16 in Chattanooga. amid overwhelming tragic loss. and medical professionals to serve in Sergeant Holmquist was one of the The torch of freedom burns brightly foreign missions under conditions that finest among us. He gave his life to pre- because of men like Sergeant violate international norm. The Castro serve the liberties upon which America Holmquist. May God bless and comfort regime restricts the movement of its was founded. He was a son, a husband, the sergeant’s loved ones. May He doctors while they are overseas, takes a father, and a very proud marine. watch over those who have answered their passports from them, and often He also must have been a great friend the Nation’s call. May God bless Amer- prevents family visits. Additionally, to all the people he knew and a man ica. the Cuban Government garnishes its who was respected by many people he I yield the floor. doctors’ wages by more than 70 per- didn’t know. Madam President, I suggest the ab- cent, using what should be a humani- I was honored to attend his funeral sence of a quorum. tarian mission as a means to fill its this past Saturday, and I was witness The PRESIDING OFFICER. The own coffers. to a tremendous outpouring of support. clerk will call the roll. This gross violation of international I saw a line—probably about 2 blocks The senior assistant legislative clerk standards is so bad that the United long, three or four people wide—of citi- proceeded to call the roll. States has a specific parole program zens from all across Wisconsin and Mr. MENENDEZ. Mr. President, I ask for Cuban doctors who have been sub- from several other States. unanimous consent that the order for jected to forced labor conditions by the Some of these people were Sergeant the quorum call be rescinded. Castro regime. We have our own special Holmquist’s relatives, some were his The PRESIDING OFFICER (Mr. parole program for Cuban doctors who friends, many were brothers-in-arms, COATS). Without objection, it is so or- have been subjected to forced labor both past and present. Still others were dered. conditions by the Castro regime. Thou- citizens who had no personal connec- TRAFFICKING IN PERSONS REPORT sands of Cuban doctors have come to tion to Sergeant Holmquist. They came Mr. MENENDEZ. Mr. President, I the United States as a result. simply to pay their respects to a man rise because I am deeply and pro- So at a time when these doctors are who swore to support and defend the foundly disappointed in this year’s being received into the United States Constitution of the United States. ‘‘Trafficking in Persons Report’’ that on humanitarian parole, we are going They came to honor a man who so was released today. By upgrading Ma- to turn a blind eye to the fact that the loved America that he chose to serve in laysia and Cuba, which were at tier 3— Castro regime is the sole responsible faraway lands. He revered freedom, so the worst tier at which any country actor. This raises one question. Is this he sacrificed his own freedom that we could be considered—the administra- yet another emerging detail of some- may be free. He defended our right to tion has turned its back on the victims thing that the administration and the live as individuals by yielding his own of trafficking and turned a blind eye to Cuban Government have been dis- individuality in that noble cause. He the facts and politicized the report, and cussing in recent months, another de- valued life. Yet he bravely readied him- they completely ignored the calls from mand of the Castro regime that the self to lay down his own life in humble Congress, from leading human rights United States had to agree to in the service to his comrades-in-arms, to his advocates, from the realities on the name of normalizing the relations? family, and to his Nation. ground in Cuba, and from Malaysian They are willing to look the other way For 239 years, our service men and Government officials themselves to on human rights in order to normalize women have served as guardians of our preserve the integrity of this exceed- relations? As the State Department’s freedom. The cost of that vigilance has ingly important report. They have suc- own report recognizes, there has been been high. Since the Revolutionary ceeded in elevating political consider- no progress—no progress—on forced War, more than 42 million men and ations and political goals above the labor in Cuba. Given that reality, any women have served in our military, most fundamental principles of basic upgrade of the country’s ranking chal- and more than 1 million of those self- human rights. lenges common sense. less heroes have given their lives. Wis- I heard Secretary Kerry, in his pres- So I intend to use all the tools at my consin has borne its share of that sac- entation of the report, say something disposal—from hearings, to a call for

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.045 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5911 investigations, to legislation—to chal- tainly not be reflected in this year’s access to U.S. markets. I thought it lenge these upgrades. The credibility evaluation. was a significant give on my part, con- and commitment of the United States Well, if you are not going to reflect sidering the vote of the Senate, but it to fighting the scourge of modern-day the mass graves of Rohingya Muslims was a good-faith effort. So this wasn’t slavery is on the line. We spent an and what the Government of Malaysia even necessary to do unless you just enormous amount of time in this Sen- did or did not do—the holding pens of want to give Malaysia a pass. The goal ate on the legislation Senator CORNYN humans—because it came after the re- was to take the full weight of the TPP had, along with others, on modern-day porting period, then you can’t claim deal off of the ‘‘Trafficking in Persons slavery, spent a lot of time on it in the that the government’s action to pass a Report’’ process. Foreign Relations Committee on which law that has no teeth, no enforcement, Instead of choosing the route we I am privileged to serve under Senator and that hasn’t even been put into ef- worked out together, requiring the CORKER, who had his own legislation fect after the date—the same date that President to testify in writing that Ma- about how we deal with human traf- you say you cannot consider the plight laysia has taken concrete steps to deal ficking in the world—modern-day slav- of hundreds who lost their lives—then with its very serious human trafficking ery, as he calls it. So we need to make you can’t consider the passage of a hol- problem, the administration backed clear that the ‘‘Trafficking in Persons low bill. It doesn’t work both ways. out. I therefore see no reason why the Report’’ must not be subjected to polit- Even the Malaysian Bar, the Malay- comprehensive ban on fast-track for ical manipulation. sian association of legal professionals, tier 3 human traffickers should now be I am utterly dismayed at the admin- stated in a letter last week: ‘‘If there is amended. I see no reason why my will- istration’s decision to upgrade Malay- any lesson to be learnt from recent ex- ingness to accommodate should be sia and Cuba under these cir- perience, it must be that the govern- amended. cumstances. It represents a bastardi- ment has an excellent record of draft- This underscores the need for further zation of the trafficking-in-persons ing written plans, but a less than satis- oversight of the trafficking in persons ranking process and calls into question factory record of implementing them. process, both legislatively and through the credibility of the ‘‘Trafficking in As such, the upgrade of Malaysia, if it the noble work of human rights groups Persons Report,’’ and it takes away the were to occur, would be premature and here in Washington and out in the power to incentivize real progress. The undeserved.’’ field. administration’s upgrade of Malaysia The fact is, by the admission of the I plan to work with my colleagues to as well as Cuba compromises American ‘‘Trafficking in Persons Report,’’ the advance my amendment to the State values in the interest of promoting a Malaysian Government had only three authorization bill passed by the Senate trade agenda with a country that has human rights convictions in 2014—a Foreign Relations Committee last consistently failed to uphold human two-thirds decrease from the last re- month which requires the State De- rights. One can only characterize this port. So compared to the last ‘‘Traf- partment to notify Congress of all traf- action as a cynical maneuver to get ficking in Persons Report,’’ they had a ficking in persons upgrades and down- around the clear intent of Congress two-thirds decrease in their convic- grades 30 days prior to the release of with no regard for the effect on a key tions of human rights abuses. Yet they the report. measurement tool of a country’s get an upgrade. Wow. That is a surefire I am looking forward to speaking to human trafficking record. This not way to send a message across the world the chairman of the Senate Foreign only represents the latest release of that we are serious about human traf- Relations Committee to see if he, with- the ‘‘Trafficking in Persons Report’’ in ficking. Frankly, that is beyond com- in a very busy schedule because we the history of its publication—nearly a prehension and common sense. have all of the Iran nuclear review— full 2 months’ overdue—but calls into There can be no clearer statement but it seems to me this merits a con- question this administration’s commit- nor a more compelling statement that gressional hearing to determine what ment to uphold human rights. we have lowered the bar on human went on here. If I, for some reason, can- We all know that the Malaysian Gov- trafficking and lessened the value of not achieve that, then I may very well ernment has not undertaken a con- the one report the world relies on to turn to the inspector general of the De- sistent, serious effort that would war- evaluate the behavior of nations. The partment to seek a report as to what rant an upgrade. events of recent months have clearly went on. As I have noted before on other occa- shown that the Malaysian Government Despite the clear will of Congress, sions, on April 17 of this year, the U.S. has not even begun to adequately ad- this administration has made a mis- Ambassador to Malaysia—our Ambas- dress its human trafficking problem. take and will now have to answer ques- sador to Malaysia—said that the Ma- Thousands of victims continue to be tions as to its ability to objectively laysian Government needs to show exploited through sex trafficking and evaluate global human trafficking. The greater political will in prosecuting forced labor. And it was unnecessary to hard-working, committed NGOs that human traffickers and protecting their do this, having passed an amendment labor in the field to fight human traf- victims if the country hopes to im- that said tier 3 countries in the ‘‘Traf- ficking and the countless victims who prove on its current lowest ranking in ficking in Persons Report’’ of the State continue to suffer deserve an honest re- the ‘‘Trafficking In Persons Report.’’ Department would not be allowed pref- flection of American values, not an ar- This is the person on the ground in Ma- erential access to the U.S. market un- bitrary determination based upon expe- laysia representing the U.S. Govern- less they cleaned up their record, diency in achieving a limited political ment who has eyes on what is hap- which had strong bipartisan support of objective rather than a real solution. pening, and he said on April 17 that, in the members of the Senate Finance I look forward to working with all of fact, the Malaysian Government needs Committee and ultimately was incor- the groups that have been instru- to show greater political will in pros- porated in the TPA, the trade pro- mental in shining a light on the con- ecuting human traffickers and pro- motion authority legislation that tinued human rights abuses that take tecting their victims if the country passed the Senate and was sent to the place in Malaysia, in Cuba, and else- wanted to rise from tier 3 to a better House. In good faith, because of con- where, to ensure that the integrity of tier 2 standard. cerns that maybe that would under- the ‘‘Trafficking in Persons Report’’ is On June 1, the Assistant Secretary of mine the Trans-Pacific Partnership, in restored. State for Population, Migration and good faith I negotiated an amend- Thousands and thousands of men, Refugees, Anne Richard, reaffirmed ment—a provision to change it in the women, and children around the world that ‘‘this year’s report covers up to amendment that would have said you who are the victims of human traf- March 2015, which means Malaysia’s could still negotiate with Malaysia, ficking—it is on their behalf that I handling of the Rohingya refugee crisis but they had to clean up their act if come to the floor. It is in their interest will only be reflected in the 2016 re- you concluded that negotiation and and in the interest of responsible trade port.’’ According to the Assistant Sec- they were part of TPP. They had to policy that recognizes there can be no retary, then, actions taken after March clean up their act on human traf- reward to nations that ignore those of this year, good or bad, should cer- ficking before they got the preferential types of trafficking in persons and do

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.047 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5912 CONGRESSIONAL RECORD — SENATE July 27, 2015 nothing to end the scourge of what vacy is protected. That is why I am English language Twitter followers. amounts to modern-day slavery, one of grateful and proud to announce that I Our country’s most sensitive data can the great moral challenges of our time. joined Senator BLUMENTHAL in intro- be in the hands of our enemies at the It is for the world’s 50 million refu- ducing the SAFE KIDS Act. mere click of a button or press of a gees and displaced people—the largest The Safeguarding American Families screen. number since World War II, many of from Exposure by Keeping Information As I speak today, we have yet to ob- whom are targets of traffickers. Be- and Data Secure—the SAFE KIDS tain answers from the Obama adminis- cause they are displaced, have nowhere Act—protects student privacy by es- tration on the scope and the perpetra- to go, they are preyed upon. We have tablishing clear parameters for third- tors from the massive hack at the Of- the largest number since World War II party operators when using data col- fice of Personnel Management. This at- of refugees in the world. It is for the 36 lected from students. This bipartisan tack has paralyzed the Obama adminis- million women and 5 million children legislation empowers parents to con- tration. They haven’t put in place any around the world subjected to involun- trol access to their children’s informa- real, meaningful reforms at OPM. I tary labor or sexual exploitation. For tion because keeping personally identi- have called for Chief Information Offi- the victims of these crimes, the term fiable information secure will lead to a cer Donna Seymour’s resignation since ‘‘modern slavery’’ more starkly de- uniform way to secure our students’ June 24. Yet she still remains in her scribes what is happening around the data. By placing that power back in post and we still don’t have any con- world. the hands of the students, in the hands crete answers for the 21 million-plus I will continue to fight against of the parents, and in the hands of the Federal employees who were victims of human trafficking in all its forms. I in- schools, we can make progress toward this attack. tend to fight for the integrity of a re- protecting the privacy of our children We must do more. We must act more port that is a critical tool for us to be because our schools and our kids aren’t quickly and more nimbly than those able to not only cast the light upon the only ones at risk for a serious seeking to wage a terror attack on our human trafficking in the world but to breach. Nation’s cyber security infrastructure. get countries to understand they must This week we are debating ways to I suggest the absence of a quorum. meet this great moral challenge and provide the certainty and resources The PRESIDING OFFICER. The change the course of events in their needed to improve our Nation’s infra- clerk will call the roll. country. That is why I come so incred- structure—our roads, our bridges, our The legislative clerk proceeded to ibly upset to the Senate floor on some- ports, our highways—but recent news call the roll. thing I never thought would have hap- reminds us that we must also consider Mr. THUNE. Mr. President, I ask pened, but it has. We need to change it the security of the cars that are driv- unanimous consent that the order for and change the course of events. ing on our roadways. In fact, just in the quorum call be rescinded. I suggest the absence of a quorum. the past week, news broke that Fiat The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Chrysler announced a recall of 1.4 mil- objection, it is so ordered. clerk will call the roll. lion vehicles due to a vulnerability Mr. THUNE. Mr. President, I rise to The legislative clerk proceeded to that could allow hackers to disable the speak about the freight division of the call the roll. vehicles on the highways. In fact, DRIVE Act, the highway transpor- Mr. DAINES. Mr. President, I ask through the radio of a Jeep Cherokee, tation bill that is under consideration unanimous consent that the order for hackers disabled the vehicle’s trans- before us at the moment. the quorum call be rescinded. mission as a driver drove onto a public The freight provisions represent the The PRESIDING OFFICER. Without highway in St. Louis. This episode is combined efforts of both the Commerce objection, it is so ordered. telling in that cyber hacks can affect Committee, which I have the honor of CYBER SECURITY every sector of our economy, from the chairing, and the Committee on Envi- Mr. DAINES. Mr. President, today I financial sector to our automotive ronment and Public Works. To create rise to speak about the Nation’s cyber manufacturers. this division, we incorporate a number security. Prior to being elected to the Our military installations across the of provisions from legislation offered Senate, I spent nearly 12 years working globe are also vulnerable to an attack, by Senator CANTWELL, Senator MAR- at a cloud computing company. This is according to a new report from the KEY, Senator BOOKER, Senator MURRAY, a company we started from virtually GAO. In fact, our utility systems that and the administration’s GROW nothing. We took the company public, provide water, electricity, and other AMERICA Act proposal. We worked and we grew to over 1,000 employees. It essential services to our military in- very hard to incorporate and make this became a leading cloud computing stallations worldwide have limited de- a bipartisan product. We took into con- company in the customer experience fenses against cyber attacks. Report sideration suggestions that were made sector. I have seen firsthand the oppor- details that the industrial control sys- by our colleagues, many of whom serve tunities created by advances in tech- tem—ICS—the computers that monitor on the Commerce Committee and some nology, but I have also seen the power or operate physical utility infrastruc- who don’t, but we got to a point where Big Data holds because our informa- ture, ‘‘have very little in the way of se- we feel as if we had a good product that tion becomes currency for both compa- curity controls and cybersecurity incorporates the best ideas—not every- nies and for hackers. measures in place.’’ In fact, in a recent thing, obviously, that everybody want- These risks are even greater when July 25 Military Times article, they ed but that addressed many of the they impact our children, and as the cite: ‘‘An example of a successful issues that pertained to our particular daddy of four children, I know the im- cyber-physical attack through an ICS part of this legislation. portance of maintaining a close rela- was the ‘Stuxnet.’ ’’ It was a computer The language included in the Com- tionship between the parents and their virus that was used to attack Iranian merce Committee’s freight program children’s school. Today, student elec- centrifuges in 2010. By hacking the Ira- also drew from recommendations made tronic records are used in schools nian nuclear facility’s ICS, the cen- by the Department of Transportation’s across the country, and updates can be trifuges were made to operate incor- nonpartisan National Freight Advisory easily made and can follow a student rectly, causing extensive damage. Committee—another entity we looked from one school to another. This more The fears of a massive cyber security to and consulted with respect to these accurately reflects the nature of stu- breach don’t only rest in the Pentagon. particular provisions of the bill. dents’ movements within the school Just yesterday, Attorney General Lo- Because of our Nation’s vast trans- system. retta Lynch said on ABC’s ‘‘This portation network, freight can move by But at a time when overseas hackers Week’’ that a cyber attack by the Is- rail, it can move by aircraft, it can are fighting to gain access to any infor- lamic State is one of the terrorist move by truck, and it can move by mation they can, these technological group’s biggest emerging threats to our ship. It is multimodal. Under the bipar- gains also come with some risks. Se- country. In fact, during the interview, tisan legislation before the Senate, curing students’ digital information is Attorney General Lynch noted that the freight-planning efforts will be con- critical to ensuring that our kids’ pri- terrorist group now boasts over 20,000 centrated under the Secretary of

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.049 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5913 Transportation. This is to reflect the tually shrinking in the first quarter of The Comprehensive Transportation and multimodal nature of how goods are 2015. Consumer Protection Act of 2015 is a signifi- transported and to ensure the involve- Protecting our competitiveness is at cant step forward for multimodal freight the core of this legislation’s freight planning and policy. I commend Chairman ment of various agencies which regu- Thune and the Committee members for de- late different forms of transportation program that was developed between veloping policy that incorporates the many is properly coordinated. the Commerce, Science, and Transpor- modes of transportation that move freight. Because freight moves from truck to tation Committee and my colleagues The proposal contains several policy objec- rail to port, freight planning must con- on the Environment and Public Works tives held by the Coalition for America’s sider these connections, and it must in- Committee. Gateways and Trade Corridors, including clude the development of a strategy to Planning for and fixing our freight creation of a multimodal national freight expand capacity and to increase effi- network will create and maintain jobs policy and the call for designation of a over the long term. Reducing delays multimodal national freight network to in- ciency to meet growing demand. This form transportation planning and improve is especially true when it comes to fo- and lowering the price of freight trans- investment decision making. cusing infrastructure investment deci- portation serves the entire supply While this proposal is a step in the right sions. Growing demand indicates and chain and, ultimately, the American direction, dedicated freight funding is nec- fuels a growing economy. We need a consumer. essary to make targeted system improve- plan to handle the significant growth That is why the freight division in ments. The Coalition has long called for a of freight traffic we expect in the com- the DRIVE Act is so important. The minimum annual investment of $2 billion in bill improves the planning process, en- addition to current programs of funding. A ing years. freight investment grant program, with The Department of Transportation gaging States and stakeholders to help multimodal project eligibility that distrib- notes that, by 2040, our transportation plan for future freight needs. States utes funding on a competitive basis, is need- system is projected to haul an addi- will provide a forward-looking plan to ed to make strategic investments. Busi- tional 9 billion tons of freight. That address these freight needs step by nesses and agricultural producers rely on our represents a 45 percent increase over step. These plans will develop invest- national multimodal freight system to move what we move today. As our economy ment strategies and prioritize projects goods to market and support growth. To re- recovers and continues to grow, we will for funding. main competitive in the global market The bill’s consolidated strategy that place, we must invest in the system that continue to need additional freight in- moves our nation’s commerce.’’ frastructure. The freight network plans for both highway projects and Demonstrating the large number of serves our import and export needs and multimodal projects is a significant projects that stand to benefit from a com- is a critical element of our economic improvement over what we have petitive grant approach, CAGTC published in competitiveness. today—or the status quo. In addition, April a booklet titled ‘‘Freight Can’t Wait.’’ Bottlenecks and delays have signifi- the Environment and Public Works The booklet contains a sampling of signifi- cant economic cost. Freight is, by na- Committee developed a highway trust cant freight infrastructure projects that ture, not just a highway problem. Air- fund formula program that will support could be realized with federal resources, like critical projects in every State. In the funding distributed through a competitive ports, ports, and railroads connect freight investment grant program. farms, manufacturing centers, and the first year alone, the bill provides $450 markets they serve. million of grant funding to assist with AMERICAN ASSOCIATION Freight needs are not just urban these critical investments. OF PORT AUTHORITIES, issues. They are also very important Projects to improve rail grade cross- Alexandria, VA, July 23, 2015. for rural America. Advancing agricul- ings, port facilities, and connections Hon. JOHN THUNE, tural freight projects is necessary for between freight modes of transpor- Chairman, Committee on Commerce, Science and the economies of many States, so en- tation will have access to these new re- Transportation, U.S. Senate, Washington, DC. suring planning and funding for these sources. This will reduce the time and Hon. JAMES M. INHOFE, projects is also critical. Keeping the cost of moving goods. Chairman, Committee on Environment and Pub- freight transportation costs low keeps The Coalition for America’s Gate- lic Works, U.S. Senate, Washington, DC. American farmers competitive in the ways and Trade Corridors noted that Hon. BILL NELSON, global marketplace. the planning and strategy outlined in Ranking Member, Committee on Commerce, In the winter of 2014, South Dakota the bill is ‘‘a significant step forward Science and Transportation, U.S. Senate, faced significant challenges moving for multimodal freight planning and Washington, DC. grain from the State due to congestion policy.’’ The American Association of Hon. BARBARA BOXER, in the rail network. When the freight Port Authorities says: ‘‘Elevating a Ranking Minority Member, Committee on Envi- policy for freight within your legisla- ronment and Public Works, U.S. Senate, couldn’t move, farmers weren’t getting Washington, DC. paid. Commodities faced spoilage due tion sends a strong message that DEAR CHAIRMAN THUNE, CHAIRMAN INHOFE, to a lack of available storage space. freight must continue to be a priority RANKING MEMBER NELSON AND RANKING MI- Agriculture is the leading driver of and that planning, funding, and the es- NORITY MEMBER BOXER: On behalf of the South Dakota’s economy. Delays and tablishment of a multimodal freight American Association of Port Authorities the significant increased costs of mov- network are critical for the economic (AAPA) I want to thank you for your leader- ing grain by rail negatively impacted growth of our nation.’’ ship on the freight policy and funding provi- Mr. President, I ask unanimous con- sions included in Division D of the DRIVE the pocketbooks of many of the farm- Act (H.R. 22) that will be considered on the sent to have printed in the RECORD the ers in my State. This, in turn, reduced Senate floor over the next week. Main Street’s bottom line as well. full statements of these two organiza- AAPA is the unified and collective voice of More recently, the West Coast port tions I just mentioned. the seaport industry in the Americas. AAPA slowdowns delayed shipments to and There being no objection, the mate- empowers port authorities, maritime indus- from stores in South Dakota and rial was ordered to be printed in the try partners and service providers to serve across the country. Agricultural prod- RECORD, as follows: their global customers and create economic ucts for export were delayed, and im- [From the Coalition for America’s Gateways and social value for their communities. Our and Trade Corridors, July 16, 2015] activities, resources and partnerships con- ports of products from lumber, medical nect, inform and unify seaport leaders and GOODS MOVEMENT COALITION APPLAUDS COM- supplies, and automobiles to basic re- maritime professionals in all segments of the MERCE FREIGHT POLICY, CALLS FOR FREIGHT tail goods were delayed. This was an industry around the western hemisphere. FUNDING unforced error that harmed our econ- This letter is on behalf of our U.S. members. omy for way too many months. (By Executive Director Elaine Nessle) The approach of grouping the Environment This labor strife underscored the WASHINGTON, DC.—Yesterday the Senate and Public Works and Commerce Commit- interconnected nature of our transpor- Committee on Commerce, Science, and tees’ jurisdictions into one division within tation system and how vital our freight Transportation approved a six-year transpor- the DRIVE Act is a positive step forward. tation bill, the Comprehensive Transpor- This grouping reinforces a top AAPA pri- infrastructure is to each and to every tation and Consumer Protection Act of 2015, ority—that freight policy must be integrated State in this country. In fact, the re- S.1732. Included in the bill is a freight chap- as well as intermodal in order to be efficient, sulting strife was widely cited as a con- ter, providing a focus on multimodal freight safe and secure. In the past, freight policy tributing cause of the U.S. economy ac- planning and policy. and funding measures have been fragmented.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.051 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5914 CONGRESSIONAL RECORD — SENATE July 27, 2015 Elevating a policy for freight within your around this country and to keeping our No. 2, other countries are doing it, legislation sends a strong message that economy from falling behind. Some and if we don’t do it, they will continue freight must continue to be a priority and people say: Well, why do we need the to do it and we will lose out on jobs, on that planning funding and the establishment government involved in this business of contracts. I am told, for instance, that of a multimodal freight network are critical providing financing or credit to compa- for the economic growth of our nation. right now, while this program is in We look forward to continuing to work nies that do business overseas? Well, flux—where we are not sure whether it with you on building the freight provisions frankly, it is because often these are will go forward or not because it has in the DRIVE Act as the legislation moves relatively high-risk ventures, so com- already technically expired—there are forward. panies cannot get the credits, the guar- 100 transactions sitting in the pipeline Sincerely, antees or the loans from private-sector worth more than $9 billion, and those KURT NAGLE, companies. transactions won’t go forward unless President and CEO. I will give a few examples of this in we take action. So again, this is one Mr. THUNE. Mr. President, the legis- a minute, but it is also because of the where the United States of America lation before the Senate is a critically fact that other countries all over the would be shooting itself in the foot by important part of addressing our Na- world have these export credit sub- saying we are not going to expand ex- tion’s current and future transpor- sidies. In fact, we are pikers. We have ports to the detriment of our workers. tation investments. As Senator CANT- a lot less than our competitors. On av- Then No. 3, yes, we ought to get busy WELL often says: Freight can’t wait. erage, our competitors do a lot more in on reforms to the Export-Import Bank, The DRIVE Act includes these crit- terms of supporting their exports than to make it more transparent. I think ical freight provisions that will help we do. that is good. One of the reforms in our economy and lead to job creation. So we need to have this in order to here, as I said earlier, is to ensure the Strengthening our freight program is ensure that we don’t lose jobs in this President submits a strategy for end- yet one more reason to support this country. By our unilaterally saying we ing government supported export sub- legislation. are not going to help our companies to sidies internationally. The Obama ad- export, we are shooting ourselves in Mr. President, I hope before all is ministration should be more aggressive the foot. said and done in the Senate we will at that. I believe that is appropriate, complete action on this legislation this Now, if these other countries around the world were to say, you know what, and they should be doing it. week and get many of these provisions, By the way, it also creates a risk we are going to back off on our export which are so important to our econ- management committee to oversee the financing, that would be great. When I omy, so important to jobs, and so im- Bank’s risk exposure. It also sets up a was U.S. Trade Representative back in portant to America’s competitiveness, new nonpolitical chief ethics officer to the Bush administration, that is what I passed into law. provide oversight with regard to the pushed for. I think we should be get- Of course, first we have to get action ethics practices of Bank employees. ting rid of these subsidies. by the House of Representatives in That is all important, and I support all order to get it to the President’s desk, By the way, also in terms of agri- culture subsidies and others, if there those reforms. I could probably support but the work that has gone into this is some more, too, but let us not shoot the product of a lot of various Members were a level playing field, where our competitors were not doing this, it ourselves in the foot and lose these and committees, those from the stake- would be a different world. I will note good-paying jobs we have in this coun- holder community offering their input one thing I like about the amendment try. and consultation to get us to the point that was adopted—or at least the clo- I view it frankly a lot like the trade we are today where I think we have a ture vote here and the amendment that debate we just had. What we want to do product we can be proud of and that we is likely to be adopted to this bill on in trade is have a balance, where we can say actually will help address the the Export-Import Bank—is that it re- are sending more exports overseas, cre- freight challenges and the needs we quires, as one of the reforms—and, yes, ating more jobs in this country—in my have across this country and make our I think it should be reformed—that the State of Ohio, in the Presiding Officer’s economy even more competitive. administration begin the process of an State of Indiana, and other States Mr. President, I yield the floor. international negotiation to get rid of around this country—at the same time I suggest the absence of a quorum. these export subsidies all over the leveling the playing field by increasing The PRESIDING OFFICER. The world. our enforcement and stopping the un- clerk will call the roll. In the meantime, if we as the United fair imports from other countries—the The legislative clerk proceeded to States of America say unilaterally that dumping and the subsidies. call the roll. we are going to stop these export sub- In the trade bill—we talked a lot Mr. PORTMAN. Mr. President, I ask sidies through this financing mecha- about this over the last month—we ac- unanimous consent that the order for nism, we are going to lose jobs. It is tually got in place a new amendment the quorum call be rescinded. not just we are not going to create jobs to help companies be able to deal with The PRESIDING OFFICER. Without that would be otherwise created by unfairly traded imports, to get a rem- objection, it is so ordered. these projects, it is the fact that some edy right away, and it is already work- AMENDMENT NO. 2327 companies will actually move overseas ing. SHERROD BROWN, my colleague Mr. PORTMAN. Mr. President, I rise to take advantage of the export sub- from Ohio, and I put together an today with regard to one of the parts of sidies in other countries. They have amendment. It is part of the trade bill the highway bill we are talking about, told me this, and I am sure they have that was passed. Already, tire workers and that is the Export-Import Bank, told other Senators this, and Senators in Ohio, United Steelworkers union otherwise known as Ex-Im. know this. employees in Ohio have been able to I rise today as somebody who feels I view this in pretty simple terms: take advantage of that because they strongly we need to have a long-term No. 1, this program actually puts got a positive determination from the highway bill. I am glad we are on the money back into the coffers every year International Trade Commission, in floor with that because it is about jobs rather than taking money out. I think part because we gave them better and crumbling infrastructure. I am it added about $650 million or so to our tools. We improved the law to be able also pleased that within this bill there surplus last year. Over time it has to more easily show they have been in- is some regulatory reform on the per- added billions of dollars, so it is not jured by these unfairly traded imports mitting process, and I thank the au- costing taxpayer money. It brought $7 that are sold below cost or dumped or thors for including my permitting re- million in profits to the U.S. Treasury subsidized and so that they can get the form bill. But I also am pleased by the since 1992. Last year it generated $675 relief needed to avoid losing so many fact we also voted to add as an amend- million in profits, and by the way, it jobs that they go out of business. ment the reauthorization of this Bank created 164,000 jobs and $27 billion in That is one thing we ought to be called the Export-Import Bank. exports. So No. 1, it is not one of these doing to expand exports—more trade. If I may, let me talk about why this government programs that is costing Another thing we ought to be doing is is so important to Ohio jobs and to jobs the taxpayer. ensuring we aren’t pulling back on this

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.010 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5915 export financing—again, it doesn’t cost twice as many as the year before—of ever, they are very concerned about the taxpayers anything—at a time foreign companies taking over U.S. what is going on with the Ex-Im Bank. when we are under-exporting compared companies, driven largely by our ineffi- More than 60 workers at McGregor to what we should be doing as a coun- cient and out-of-date Tax Code. work directly on products that depend try. So if we combine all of these—if we on Ex-Im financing. That is about 16 When we look at our exports per cap- combine what is going on with trade, if percent of McGregor’s sales. They are ita in the United States of America, I we combine what is going on with our not a big company, but they are a real- think we are somewhere between tax system—we certainly don’t want to ly important company to that commu- Tonga and Ethiopia in terms of our ex- put our workers at a further disadvan- nity, to those workers, and to their ports per capita. Other countries de- tage by pulling the rug out from under families. pend a lot more on trade than we do. them with regard to this export financ- So to the people who have stood up We need to export more. Why? It cre- ing. Yes, let’s try to get the rest of the on this floor over the last couple of ates good jobs—jobs that pay 13 per- world to do the right thing. But in the days and said this is not about jobs, cent to 15 percent more on average and meantime, let’s not shoot ourselves in this is about jobs, folks. This is not offer better benefits. The last thing we the foot. just about big businesses. Yes, it is want to do is to pull the rug out from On many of these projects overseas, about them, and that is important too. under these exporters by saying we are there is a de facto requirement that We want those jobs here as well. It is going to change the law to make it you have to have financing from a gov- also about a lot of small businesses. even harder to export and put Amer- ernment. All these other countries pro- I recently spoke to some of the work- ican workers at a disadvantage vis-a- vide it. So whether in Africa, Asia or in ers at McGregor. They told me there vis the rest of the world. some of these other emerging econo- are a lot of manufacturing issues they It is the same thing with regard to mies, they say: Where is your financ- just can’t control—their health care trade policy, generally. Let’s expand ing? This is why, as I said, there are costs, which are going up. ObamaCare exports by opening up markets for our about 100 projects in limbo right now. has not helped. It has made it worse. In products through good trade agree- Let me talk about some of the com- Ohio, they are told their costs are ments, and let’s enforce the laws and panies in Ohio that benefit from this going to go up between 10 percent and increase the enforcement, as we did Export-Import Bank—again, this bank 33 percent next year. That is what the with regard to the amendment I talked that actually puts money back into the insurance companies have told them. about earlier. That makes it easier for coffers every year. I have talked to The price of steel goes up and down. those tire workers at Cooper Tire in these companies, and I have talked to Sometimes it is tough to get the skills Ohio and around the country to be able the workers on the line whose jobs are to be able to compete and to get these to say: This isn’t fair. The Chinese at stake because of what we are going jobs in places such as McGregor. Those tires—in this case—are coming in to decide here in this body. are things that are out of their control. under cost and are being subsidized. We One is U.S. Bridge. They are in Cam- But Ex-Im is something they know we want our government to stand up for us bridge, OH. They have been manufac- can control, and they are wondering so we can compete and so we can ex- turing and building bridges in America why we are making it even more dif- port more of our product. and around the world for 81 years. They ficult and less predictable for them by So if we were not to allow this Ex- are quite a success story. Their global not acting. port-Import Bank to continue, it would business depends on the financial guar- Let me talk about another small be running counter to everything we antees of the Export-Import Bank. business in Hamilton, OH, called just did in the trade bill. We want more They can’t compete in bidding for Kaivac. They employ 50 people. They exports. these projects around the world with- manufacture commercial cleaning ma- The final thing I have to say, again, out it. Recently, they got a $100 mil- chines used to clean floors in schools, is if we don’t allow American compa- lion contract to build bridges in West museums, stadiums, and airports. They nies to compete globally as American Africa, but it was immediately put in are a kind of modern-day mop and pail. workers making products here in jeopardy after they got it because Con- With the help of Ex-Im, Kaivac grew America, some of these companies are gress refused to move on the Ex-Im its international sales by 60 percent going to go overseas. A lot of them al- Bank one way or the other. We just al- last year, exporting their commercial ready have production overseas. Let’s lowed it to expire without even voting cleaning machines all over the world. be honest. A lot of these U.S. multi- on it. That is one of those projects cur- But as we have heard repeatedly, this national companies make things all rently in limbo. They have 150 employ- is another company that said they over the world on two, three, four con- ees in a very small county with high can’t do that in the future if they don’t tinents. They can shift production unemployment in Eastern Ohio. get this financing from Ex-Im. overseas, and then they take advantage If they get this job we talked about So what will happen to these compa- of the export guarantees in that coun- to build bridges in West Africa, they nies? For a lot of these smaller compa- try. That is what some of them have say they can add up to 50 new manufac- nies, they will just lose business, and told me they are likely to do if we turing workers with this one contract. they will lose jobs. They will lose the don’t have an export guarantee in this That is a big deal for a family-owned jobs they already have, and they won’t country and we don’t do anything company that has been a cornerstone be able to gain the jobs we have talked about the international situation, of the eastern part of Ohio in the small about today. where these other countries do more town of Cambridge, which has 10,000 For some of the bigger companies, than we do. people. That is 50 jobs right there, in a they will be OK. They will move over- That reminds me of another topic we small town in an area of Ohio that has seas. Frankly, I am not worried about ought to be taking up here on the floor high unemployment, that are at stake the companies. I am worried about the of the Senate, and that is tax reform, if we don’t move on Export-Import workers in Ohio—American workers because our Tax Code does the same Bank. who work hard, play by the rules, and thing. Our Tax Code says to an Amer- Let me talk about McGregor Metal- do all the right things. We are going to ican company: You can’t compete fair- working in Springfield, OH. I know a pull the rug out from under them. That ly. You have to compete with one hand lot about the McGregor family because doesn’t make any sense to me. We need tied behind your back. It is the Amer- they are distant cousins of mine. My to stand up for these American work- ican workers who are hurt by this be- family was the McCullough family. ers. Whether it is with regard to trade cause our tax rate is so high. Because They came to Springfield from Scot- or whether it is with regard to taxes, as of the way we tax internationally, we land. we talked about earlier, Washington is make it an advantage to be a foreign The McGregors run a company that letting them down. We are not doing company. That is why so many U.S. is a staple of the community. They are the basic things we ought to be doing companies are becoming foreign com- pillars in the community. They have to create the environment for success panies. Last year there were twice as skilled trade jobs. The workers there to allow them to be able to compete many transactions in dollar terms— get good pay and good benefits. How- and to win.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.054 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5916 CONGRESSIONAL RECORD — SENATE July 27, 2015 Today we have the opportunity to You are required to put more pressure now, the bank is unable to process ap- stand with American workers. We have on the international community and plications or engage in new business. the opportunity to move forward—yes, other countries to reduce their export The bank cannot authorize any new with regard to trade, knocking down subsidies, their guarantees, their credit transaction to do any new lending or barriers to our exports, making sure agencies. But in the meantime, let’s be help any businesses with any new ex- there is a more level playing field, in- sure we are standing up for the people ports. That puts American jobs at risk. cluding the amendment we talked we represent and doing the right thing American businesses and workers are about earlier that allows us now to for the American worker. missing new opportunities because bring trade cases and get results and I yield the floor. they can’t get the new financing they help American workers. We have to be Ms. MIKULSKI. Mr. President, I sup- need to close the deal and make the sure that we do reform this Tax Code, port the reauthorization of the Export- sale abroad. because if we don’t, more American Import Bank and support American A vote to support the Export-Import companies and investments are going manufacturing, because a country that Bank is a vote to support American to go overseas. That is our job. We are doesn’t make something can’t make manufacturing jobs. Reauthorizing the letting the American worker down something of itself. Export-Import Bank means Maryland right now. I have seen everything manufactured will be able to export more, manufac- I see Senator SCHUMER here on the in Maryland, from crab cakes on Kent ture more, and create more jobs. floor. Senator SCHUMER has been work- Island and ice cream in Laurel to com- The Export-Import Bank helped over ing on this international tax reform mercial truck engines in Hagerstown $27 billion in export sales in fiscal year issue, and his point is a very simple and unmanned aircraft in Hunt Valley. 2014 and supported 164,000 jobs nation- one: We want the jobs and investments I have met with innovative manufac- wide. here. We are tired of seeing companies turers who credit the Export-Import Nearly 90 percent of the transactions get taken over by foreign companies Bank with helping them grow their done by the Export-Import Bank di- and move their jobs to those other businesses by exporting to new mar- rectly supported small businesses. countries. We saw this recently. A kets overseas. From 2007 to 2015, the Export-Import Through critical assistance, at no pharmaceutical company got bought Bank financed $2 billion in exports cost to taxpayers, these small and me- by a foreign entity. By the way, the from Maryland. dium-sized businesses are able to sell foreign company had just left America. The Export-Import Bank is about American products around the world. helping Main Street. It is about help- They inverted to another country. I visit businesses all over Maryland. I ing the entrepreneurs with a dream in They then came back and started buy- have visited bakeries, microbreweries, their heart, with a small business un- ing American companies. One third of factories of small machine tool compa- derway, with the grit and determina- the workforce of that company bought nies. I visited Main Street, small tion to be able to create a job for them- by the foreign company is now gone— streets, rural communities. And I have selves and for others. Raleigh, NC, to Canada. talked with business owners and their I call upon my colleagues to think So these are things we can do. It is employees. within our control here in this body for These are ‘‘good guy’’ businesses. about where America is going in the us to pass these kinds of bills and, with They work hard and play by the rules. 21st century. Where are we going to be? regard to Ex-Im, to ensure that we are They have jobs right here in the U.S. Are we going to create more oppor- not shooting ourselves in the foot and They want to expand. They want to tunity? Are we going to create more shooting American workers in the foot hire. They need a government on their jobs that pay good wages with good by taking away their opportunity to, side and at their side. benefits? yes, win these bids, to win these com- Some business owners I met with I am proud to stand firm in my com- petitions, to build that bridge in West said that the secure financing at the mitment to manufacturing jobs from Africa, to send those cleaning supplies Export-Import bank helped them Hagerstown to Stevensville and from all over the world, to be able to ensure, strengthen their business and grow. Baltimore to Easton. with regard to McGregor Industries, Selling your products overseas isn’t Mr. PORTMAN. I suggest the absence that the parts they put into those loco- as simple as selling them locally. But of a quorum. motive engines that get sent to devel- getting secure credit insurance helped The PRESIDING OFFICER (Mr. oped countries and developing coun- Maryland manufacturers that relied on LANKFORD). The clerk will call the roll. tries can continue to grow. cash-in-advance payments for exports The senior assistant legislative clerk Our job here is not to make life hard- expand their businesses by exporting to proceeded to call the roll. er for these workers and these small new markets. Mr. SCHATZ. Mr. President, I ask companies. It is to make it easier for Other business owners I met with unanimous consent that the order for them to compete and to win so that we said that the Export-Import Bank was the quorum call be rescinded. can begin to bring back not just more a lifeline during a difficult economy. The PRESIDING OFFICER. Without jobs but better jobs. They told me that they relied on pri- objection, it is so ordered. Over the last 6 years, we have seen vate financing before 2008, but during Mr. SCHATZ. Mr. President, I ask wages flatten out and on average go the credit crisis even safe investments unanimous consent to speak for up to down. Economists tell me it is about a couldn’t get help from the private sec- 10 minutes. 6-percent reduction in real wages. tor. The Export-Import Bank helped The PRESIDING OFFICER. Without Think about that. This at a time when them weather the storm. objection, it is so ordered. health care costs are up, in part thanks The Export-Import Bank provides CLIMATE CHANGE to ObamaCare, which makes it harder, critical direct loans and loan guaran- Mr. SCHATZ. Mr. President, the not easier, to get health care at a rea- tees to foreign buyers of U.S.-made facts are undeniable. Climate change is sonable cost. Education costs are up. goods. The Export-Import Bank also real, it is caused by humans, it is hap- Electricity costs are going up, in part provides working capital loans to small pening now, and, it is solvable. because of the regulations that the businesses that are exporting. And it Today I would like to talk about a Obama administration is putting on provides insurance for exporters in case noncontroversial way to reduce 10 per- the economy in my home State of Ohio a foreign buyer fails to pay. cent of the world’s carbon pollution: and around the country. That is called In all these cases the bank is filling fighting deforestation. the middle-class squeeze. Wages are gaps in the private market. It is an im- Of course, no single action will solve flat and declining, and expenses going portant tool for U.S. companies that climate change, but stopping deforest- up. That is what the people I represent are seeking to compete with foreign ation is underrated as a solution, with are experiencing. firms, and those foreign firms often get a high impact and a low cost. While we Let’s not make it more difficult for aggressive trade financing support have been on this floor for years in an them. Let’s stand up for American from their own national governments. intense, often partisan, debate over workers. Yes, let’s tell the Obama ad- On July 1, 2015, the authorization for pipelines and the EPA’s rules on coal- ministration, as this legislation does: the Export-Import Bank lapsed. Right fired powerplants, forest conservation

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.055 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5917 is an area where we have always had ests. Absorbing carbon with trees is One of the considerations that is in strong bipartisan support. more cost-effective and more energy ef- front of this body is to pay for $9 bil- As forests are cut down, two things ficient than doing so from coal or gas lion of this multiyear highway bill happen. First, carbon stored in trees is powerplants. This is because trees cap- through a selloff of crude oil from our released. Second, the trees stop absorb- ture carbon using energy from the Sun Strategic Petroleum Reserve—SPR. ing carbon from the atmosphere. and powerplants capture carbon using I have come before this floor several Each year, the world loses forests the additional energy from a powerplant. times already during this debate to try size of Ohio, and that rate is increas- Despite the ability of forests to cap- to convince colleagues that this is ex- ing. Unless we act, an area twice the ture and store carbon, we can’t just actly the wrong way to address our size of Texas will be lost by the year tell landowners to stop cutting down transportation priorities by selling off 2030. their trees. They are often in a very a national energy security priority; ba- Of course, most deforestation is hap- dire financial situation on a personal sically, an insurance policy that we pening in tropical forests, in the Ama- level. We have to share with them our have for this country, an insurance pol- zon, the Congo River Basin, and in expertise in sustainable forest manage- icy to ensure that at the time that we Southeast Asia. But global demand, in- ment—how to prosper from a forest might be most vulnerable with our en- cluding demand from the United without cutting it down and moving on ergy supplies, we have reserves, we States, for palm oil, soy, beef, and tim- to the next stand. The State Depart- have a safety net we can turn to in the ber products greatly contributes to for- ment, USAID, and USDA bring sought- event of an emergency brought about est loss in these regions. after knowledge in this area from how by a hurricane or natural disaster or This is why the United States has to to fight forest fires to how to combat whether it is a manmade disaster, war lead in stopping deforestation. There illegal logging. or something else that has caused glob- are three things that we can do: First, We also have to provide financial in- al disruption. we have to fully implement and fund centives for landowners to protect In short, it boggles my mind that we the Lacey Act. This law prohibits the their forests. The economic benefit of would be willing, so willing and almost import of illegally harvested wood forests is real. They store carbon, filter eager, to tap into this strategic asset products but has only been in place water, keep soil healthy, and protect for such short-term and limited gain. since 2008. Congress hasn’t given the against erosion. In the absence of supply disruption USDA and other agencies the tools to The value of a forest’s ecological that justifies releasing oil from the fully implement it. We are good at services, not just its raw materials, SPR, selling our strategic reserves catching raw products like lumber must be recognized in the global econ- only worsens an existing competitive from illegally harvested forests, but we omy. REDD-plus programs—shorthand disadvantage for our American oil pro- still need more tools to catch illegal for reducing emissions from deforest- ducers. wood, which is in processed products ation and forest degradation—provide a As you know, we have in place an such as furniture. mechanism for financially rewarding outdated 40-year-old-plus ban on our Full enforcement of the Lacey Act countries that reduce emissions from ability to sell our domestic crude oil could keep 27 million metric tons of deforestation. If we want to lead in overseas. We are limited in our ability carbon pollution out of the atmosphere solving climate change, we have to to export that. I think that is a wrong each year. This is equivalent to the contribute our fair share to these pro- and outdated policy, and I am working emissions from more than 5 million grams. with many, including the occupant of cars every year. The Lacey Act is also Thankfully, forests in the United the chair, to lift this outdated policy. I good for the U.S. timber industry be- States absorb more carbon than they have introduced legislation to do just cause illegally harvested wood prod- release. However, the U.S. Forest Serv- that. We will actually have a bill be- ucts undercut this industry by $1 bil- ice estimates that the loss of forests fore the banking committee tomorrow lion in 2013 by reducing the competi- through urban growth and wildfires to, again, shed some light on the fact tive advantage of legal timber. could make our forests a source of car- that it is so incredibly inconsistent Second, we have to support private bon pollution as soon as 2030. We have from a policy perspective that we sector commitments to stopping defor- to ensure that our forests continue to would be talking about lifting the estation. We have had some recent very absorb more carbon than they release sanctions on Iran, allowing Iran to ac- good news in this space. Driven by con- and work with our allies to protect our cess the broader global market so they sumer demand, 34 corporations re- forests abroad. can sell their oil reserves, so they can cently committed to cutting deforest- We have solutions on climate change. take advantage of the resources that ation from their products in half by Stopping deforestation is one of them, will come to them to do who knows 2020 and ending it by 2030. These are big and it is one of the solutions I am most what mischief, while at the same time companies—Walmart, McDonald’s, and excited about because it is an oppor- prohibiting, further prohibiting in this Unilever, among many others. These tunity for bipartisan work. We know country our oil producers that oppor- businesses were joined by 35 govern- what we need to do, and we know how tunity to access the global market. By ments, 16 indigenous groups, and 45 to do it. lifting the sanctions on Iran and keep- NGOs. This was the first time that I yield the floor. ing the oil export ban in place in this leaders from developed and developing I suggest the absence of a quorum. country, we are effectively sanctioning countries have partnered around a The PRESIDING OFFICER. The our own U.S. oil producers. That is timeline for ending deforestation. clerk will call the roll. wrong. Again, we are working to ad- One challenge in meeting these com- The senior assistant legislative clerk dress that. mitments is that we don’t have a ro- proceeded to call the roll. We are in a situation currently in bust standard to verify that they are Ms. MURKOWSKI. Mr. President, I which American companies cannot sell being met. Without this, we are merely ask unanimous consent that the order oil to the same countries that we let taking everyone’s word for it, but the for the quorum call be rescinded. Iran sell its own oil to. Now, with this United States can lead in monitoring The PRESIDING OFFICER. Without proposal in front of us to sell off some and verifying these commitments. Pub- objection, it is so ordered. 101 million barrels of oil from the SPR, licly available satellite imagery from Ms. MURKOWSKI. Mr. President, we we are potentially going to saturate a NASA and USGS has already allowed have been discussing the value of hav- market that is already oversupplied. forest scientists to measure the mag- ing a multiyear transportation bill, a Think about what that means to those nitude of global deforestation, but we highway bill moving through the Sen- in Oklahoma where the rig count in still need more accurate, real-time ate. It is something that I, too, would this country right now is down by half monitoring of the carbon content in like to see, but as with everything that of what it was just last year. We are at forests, and the technologies do exist. we do around here, it is important how a 5-year low with that. Our market is Finally, we have to provide forested we do it. When you have a multiyear oversaturated. countries with technical and financial highway bill, it is important to ask the This morning I introduced yet an- support to protect and grow their for- question, how are we paying for that? other white paper out of the energy

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.057 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5918 CONGRESSIONAL RECORD — SENATE July 27, 2015 committee. It is entitled ‘‘A Turbulent had the exchanges I talked about, we per day is bigger, in fairness, than the World: In Defense of the Strategic Pe- had test sales, and then we had the capacity of some of the other areas troleum Reserve.’’ This white paper sales in 1996 with the Federal deficit re- that would be clearly noted as these outlines some of the history behind the duction. If we take all of that to- chokepoints. We have the Panama SPR, why I feel so strongly and why I gether—everything in the history of Canal at the end, the Turkish or Dan- will continue to come to this floor to the Strategic Petroleum Reserve that ish Straits, and Bab el-Mandab off the oppose the sale of 101 million barrels of we ever sold off or exchanged—it brings coast of Yemen. If something went oil from the SPR to pay for a portion us to 161 million barrels, and now we wrong in more than one of these crit- of this highway bill. are talking about selling 101 million ical parts of the supply chain at once, Let’s take a look at the history of barrels, which is 60 percent. we could be overtaken by upheaval in when we have had emergency I think it is important to put into the global oil market without much re- drawdowns. We have had exactly three context because this is a big fat deal. course and our ability to respond would emergency drawdowns ever. The Stra- Yet we are acting like this is just an- be dramatically lessened. And 4.4 mil- tegic Petroleum Reserve has been in other withdrawal from your ATM. Just lion barrels per day is less than the oil place since the mid-1970s. We had a go down, check the balance, there is that transships the Suez Canal and its drawdown in 1991 with Desert Storm. enough money in there so it must be accompanying pipeline. It is a fraction We had a drawdown in 2005 when Hurri- OK. of the oil that goes through the Strait cane Katrina hit and then in Libya in Let’s talk about the strategic envi- of Malacca or Strait of Hormuz which 2011 during their civil war. ronment we are operating in right now. moves 15 to 17 million barrels per day. This red right here is the 101 million There is a nominal drawdown capacity This my central point. Our Strategic barrels that this legislation seeks to of 4.4 million barrels per day. I men- Petroleum Reserve is a tremendous na- sell off—101 million barrels. The total tioned this the last time I was on the tional security asset, and we need it amount of sales from emergency floor. The drawdown capacity is sub- because the world is just simply more drawdowns ever combined is 58.9 mil- ject to some discussion in terms of turbulent. I have been told: Look at lion barrels. what we are actually able to pump out, what is happening domestically. We are What we are talking about doing is, and that is why we do test sales. It is importing less and producing more; in one act, taking 101 million barrels to make sure it works as it was de- therefore, we don’t really need all of and putting it out there on the market. signed. this. We don’t need this safety net. We In the 40 years that we have had access Secretary of Energy Moniz has sug- cannot immunize ourselves from global to reserves in the Strategic Petroleum gested that our distribution rate—our events and just suggest that somehow Reserve, we have had three emergency ability to move this once we take it or other we need it less. It is like you drawdowns—one, a hurricane and, two, out—is significantly less than this go to the doctor and get a clean bill of in the event of disruption for war, and nominal drawdown capacity of 4.4 mil- health and you go home and you say: together, all three of those totaled just lion barrels due to congestion and OK. Now I don’t need life insurance or shy of 60 million barrels. Yet this pro- changes in midstream infrastructure. health insurance because the doctor posal is 101 million barrels. This is one of the reasons I have been just said I am fine. You know what. We have exchanged oil out of the banging the lectern, and Senator CANT- The world is not fine, and we know SPR a total of 12 times. This was in WELL, the ranking member on the en- that. At a time when spare capacity is Hurricanes Isaac, Katrina, Lili, Ivan, ergy committee, has also been joining low and the global threat environment Gustav, and Ike. We have created a me in saying that doing this is not ap- is heightened, selling 101 million bar- home heating oil reserve. We have propriate. We have significant mainte- rels of America’s strategic reserve to closed some ship channels for acci- nance issues within the SPR that we pay for legislation that makes almost dents. We have imported oil from Mex- need to address. There is somewhere no contribution to improving our en- ico. All of those exchanges, not between $1.5 billion and $2 billion that ergy security, I think, is just a foolish drawdowns, but all of those totaled it is going to take to address some of error of historic proportions. only 68.9 million barrels. Again, we are the shortcomings we have in the SPR, I will restate what we would be doing talking about a 101-million-barrel sale. some of the maintenance and oper- if we moved forward with the pay-for We have also done test sales. We have ations aspect of it. As we speak, there as has been outlined. We would be con- done three test sales. In 1985, in 1990, is a study underway to determine the ducting the largest sale in the history and then in 2014. We have also closed right size of the Strategic Petroleum of the Strategic Petroleum Reserve down a reserve site—Weeks Island. We Reserve. What do we need to do in since it was created in 1975. It would be have sold off some barrels for that. The terms of maintenance? greater than all of the previous emer- total for all of that activity was 15 mil- If we go ahead and sell off 60 percent gency drawdowns combined. We are lion barrels for all four sales. of what we have done historically going into hurricane season. We don’t I have had people tell me: Oh, don’t throughout the whole lifetime of the know what may be coming at us in the overreact here; don’t overreact. This is SPR to fund a highway bill for 6 Middle East. Yet we are proposing to no different than what we did with the years—again, it just causes one to won- pay for a short-term fix to the highway two sales in 1996 for Federal deficit re- der why we are doing this because of trust fund with a buyout of unprece- duction. the strategic environment and the dented proportions. Let’s look at that chart. In 1996, we drawdown capacity we have. Last time I was on the floor, I said had a deficit reduction in May, which We have a pretty volatile world out this is like cashing out your home- is shown in blue, and then in October there, and I think we all know that. We owner’s insurance to pave your drive- we did further reductions, and that is have unplanned disruptions, unplanned way. It is not the right pay-for. shown in green. Both of those sales to- production outages, if you will, in Again, I, too, want to make sure we taled 23 million barrels. Again, back in Saudi Arabia, Kuwait, Iraq, Nigeria, do right by our transportation infra- 1996, there was a total of 23 million, Libya, and Iran. These are around 2.5 structure. It is important. It is about and what we are looking at with this to 3 million barrels per day. These are jobs and the strength of our economy, legislation is, again, a selloff of 101 pretty tense regions of the world, and I but we are also obligated to make sure million barrels. That is not even a fair don’t think anyone would dispute that. the decisions we make in this Senate— comparison. Selling 101 million barrels On the next chart what we see is our in this Congress—are there to provide would be the equivalent of 60 percent of drawdown rate of 4.4 or thereabouts is for our security as a nation. all of the oil that has ever left the greater than the daily production of I want to know that if we need these SPR. Iran, Iraq, Venezuela, Nigeria, Algeria ready resources, we haven’t moved pre- We have effectively taken out a total or Libya. I don’t think anybody would cipitously to sell them off. The last of 161 million barrels and moved that suggest that any of these countries in time I checked this morning, the price out of this SPR since it was created in blue exudes stability or security. of oil was at about $50 a barrel. Is this 1975, about 40 years ago. We have had Look at the transit chokepoints. A really a good time to sell at $50 a bar- three emergency drawdowns, we have drawdown rate of 4.4 million barrels rel?

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.059 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5919 I thank the Presiding Officer for his IN THE AIR FORCE portance and responsibility under title 10, attention. I think those of us who have The following named officer for appoint- U.S.C., section 601: been following this issue with great in- ment as the Vice Chairman of the Joint To be vice admiral terest are concerned and are conflicted Chiefs of Staff and appointment in the Rear Adm. Kevin M. Donegan United States Air Force to the grade indi- because we want to make sure we do IN THE ARMY right by our highway systems, but I cated while assigned to a position of impor- tance and responsibility under title 10, The following named officer for appoint- also want to make sure we do right by U.S.C., sections 601 and 154: ment in the United States Army to the grade our national energy security, and sell- indicated while assigned to a position of im- To be general ing off 101 million barrels of Strategic portance and responsibility under title 10, Petroleum Reserve is foolhardy. Gen. Paul J. Selva U.S.C., section 601: With that, I yield the floor. The following named officer for appoint- To be lieutenant general ment in the United States Air Force to the I suggest the absence of a quorum. Maj. Gen. Michael H. Shields The PRESIDING OFFICER. The grade indicated while assigned to a position of importance and responsibility under title The following Army National Guard of the clerk will call the roll. 10, U.S.C., section 601: United States officer for appointment in the The senior assistant legislative clerk Reserve of the Army to the grade indicated To be general proceeded to call the roll. under title 10, U.S.C., sections 12203 and Mr. MCCONNELL. Mr. President, I Gen. Darren W. McDew 12211: ask unanimous consent that the order The following named officer for appoint- To be major general ment in the United States Air Force to the for the quorum call be rescinded. Brig. Gen. Victor J. Braden grade indicated while assigned to a position The PRESIDING OFFICER. Without IN THE NAVY objection, it is so ordered. of importance and responsibility under title 10, U.S.C., section 601: The following named officer for appoint- f To be lieutenant general ment in the United States Navy to the grade indicated while assigned to a position of im- EXECUTIVE SESSION Maj. Gen. David J. Buck portance and responsibility under title 10, The following named officer for appoint- U.S.C., section 601: ment in the United States Air Force to the To be vice admiral EXECUTIVE CALENDAR grade indicated while assigned to a position Mr. MCCONNELL. Mr. President, I of importance and responsibility under title Rear Adm. Richard P. Breckenridge ask unanimous consent that the Sen- 10, U.S.C., section 601: IN THE AIR FORCE ate proceed to executive session for the To be lieutenant general The following Air National Guard of the en bloc consideration of Executive Cal- Lt. Gen. Tod D. Wolters United States officers for appointment in the Reserve of the Air Force to the grade indi- endar Nos. 219 through 223, 225 through The following named officer for appoint- cated under title 10, U.S.C., sections 12203 231, and 233 through 247, and all nomi- ment in the United States Air Force to the and 12212: nations on the Secretary’s desk in the grade indicated while assigned to a position Air Force, Army, Marine Corps, and of importance and responsibility under title To be brigadier general Navy; that the nominations be con- 10, U.S.C., section 601: Colonel David W. Ashley firmed, the motions to reconsider be To be lieutenant general Colonel Jeremy O. Baenen Colonel Stephen F. Baggerly Lt. Gen. Russell J. Handy considered made and laid upon the Colonel Samuel W. Black table with no intervening action or de- The following Air National Guard of the Colonel Christine M. Burckle bate; that no further motions be in United States officer for appointment in the Colonel David B. Burgy order; that any statements related to Reserve of the Air Force to the grade indi- Colonel Janus D. Butcher the nominations be printed in the cated under title 10, U.S.C., sections 12203 Colonel John D. Caine and 12212: RECORD; that the President be imme- Colonel Craig A. Campbell diately notified of the Senate’s actions, To be brigadier general Colonel Joseph S. Chisolm and the Senate then resume legislative Col. Frank H. Stokes Colonel Floyd W. Dunstan Colonel Douglas A. Farnham The following named officer for appoint- session. Colonel Laurie M. Farris ment in the United States Air Force to the The PRESIDING OFFICER. Without Colonel Jerry L. Fenwick grade indicated while assigned to a position objection, it is so ordered. Colonel Dawn M. Ferrell of importance and responsibility under title The nominations considered and con- Colonel Douglas E. Fick 10, U.S.C., section 601: firmed en bloc are as follows: Colonel Arthur J. Flora To be lieutenant general IN THE AIR FORCE Colonel Donald A. Furland The following named officer for appoint- Lt. Gen. John W. Raymond Colonel Timothy H. Gaasch ment in the United States Air Force to the IN THE ARMY Colonel Kerry M. Gentry Colonel Jerome M. Gouhin grade indicated while assigned to a position The following Army National Guard of the Colonel Randy E. Greenwood of importance and responsibility under title United States officer for appointment in the Colonel Robert J. Grey, Jr. 10, U.S.C., section 601: Reserve of the Army to the grade indicated Colonel Edith M. Grunwald To be lieutenant general under title 10, U.S.C., sections 12203 and Colonel Gregory M. Henderson 12211: Maj. Gen. John N. T. Shanahan Colonel Elizabeth A. Hill IN THE ARMY To be brigadier general Colonel John S. Joseph The following named officer for appoint- Col. James E. Porter, Jr. Colonel Jill A. Lannan ment in the United States Army to the grade The following named Army National Guard Colonel James M. LeFavor indicated while assigned to a position of im- of the United States officer for appointment Colonel Jeffrey A. Lewis portance and responsibility under title 10, in the Reserve of the Army to the grade indi- Colonel Timothy T. Lunderman U.S.C., section 601: cated while assigned to a position of impor- Colonel Eric W. Mann To be lieutenant general tance and responsibility under title 10, Colonel Betty J. Marshall Colonel Sherrie L. McCandless Maj. Gen. Michael X. Garrett U.S.C., section 601: Colonel Kevin T. McManaman To be lieutenant general IN THE NAVY Colonel David J. Meyer The following named officer for appoint- Maj. Gen. Daniel R. Hokanson Colonel Steven S. Nordhaus ment in the United States Navy to the grade IN THE NAVY Colonel Scott W. Normandeau indicated under title 10, U.S.C., section 156: The following named officer for appoint- Colonel Richard C. Oxner, Jr. To be rear admiral (lower half) ment in the United States Navy to the grade Colonel Kirk S. Pierce Capt. Darse E. Crandall indicated while assigned to a position of im- Colonel Theresa B. Prince Colonel David L. Romuald The following named officer for appoint- portance and responsibility under title 10, Colonel Edward A. Sauley, III ment in the United States Navy to the grade U.S.C., section 601: Colonel Keith A. Schell indicated while assigned to a position of im- To be vice admiral Colonel Brian M. Simpler portance and responsibility under title 10, Rear Adm. Kevin D. Scott Colonel Charles G. Stevenson U.S.C., section 601: The following named officer for appoint- Colonel Bradley A. Swanson To be vice admiral ment in the United States Navy to the grade Colonel Dean A. Tremps Rear Adm. Joseph E. Tofalo indicated while assigned to a position of im- Colonel William M Valentine

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.060 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5920 CONGRESSIONAL RECORD — SENATE July 27, 2015 Colonel Richard W. Wedan received by the Senate and appeared in the WOODALL, which nominations were re- The following named officer for appoint- Congressional Record of June 24, 2015. ceived by the Senate and appeared in the ment in the United States Air Force to the PN606 AIR FORCE nominations (2) begin- Congressional Record of July 8, 2015. grade indicated under title 10, U.S.C., section ning ANA M. APOLTAN, and ending ALDO PN639 ARMY nomination of Laura M. Hud- 624: TTINOCO, which nominations were received son, which was received by the Senate and by the Senate and appeared in the Congres- To be brigadier general appeared in the Congressional Record of July sional Record of June 24, 2015. 8, 2015. Col. Steven A. Schaick PN607 AIR FORCE nominations (57) begin- PN667 ARMY nomination of Mark R. Read, IN THE ARMY ning BRIAN H. ADAMS, and ending MARY which was received by the Senate and ap- The following named officer for appoint- JEAN WOOD, which nominations were re- peared in the Congressional Record of July ment in the Reserve of the Army to the ceived by the Senate and appeared in the 15, 2015. Congressional Record of June 24, 2015. grade indicated under title 10, U.S.C., section IN THE MARINE CORPS 12203: PN666 AIR FORCE nominations (91) begin- ning ALLEN KIPP ALBRIGHT, and ending PN625 MARINE CORPS nomination of To be brigadier general BRADLEY DUNCAN WHITE, which nomina- John R. Barclay, which was received by the Col. Jeffrey A. Doll tions were received by the Senate and ap- Senate and appeared in the Congressional IN THE AIR FORCE peared in the Congressional Record of July Record of June 24, 2015. The following named officer for appoint- 15, 2015. IN THE NAVY ment in the United States Air Force to the IN THE ARMY PN621 NAVY nomination of Thomas F. grade indicated while assigned to a position PN609 ARMY nomination of David G. Murphy, III, which was received by the Sen- of importance and responsibility under title Jones, which was received by the Senate and ate and appeared in the Congressional 10, U.S.C., section 601: appeared in the Congressional Record of Record of June 24, 2015. To be general June 24, 2015. PN622 NAVY nominations (2) beginning ARSLAN S. CHAUDHRY, and ending AN- Lt. Gen. Carlton D. Everhart, II PN610 ARMY nomination of Raymond L. Phua, which was received by the Senate and DREW D. SILVESTRI, which nominations The following named officer for appoint- appeared in the Congressional Record of were received by the Senate and appeared in ment as the Chief of Chaplains, United June 24, 2015. the Congressional Record of June 24, 2015. States Air Force, and appointment in the PN611 ARMY nomination of John M. Brad- PN623 NAVY nomination of Benjamin M. United States Air Force to the grade indi- ford, which was received by the Senate and Boche, which was received by the Senate and cated under title 10, U.S.C., section 8039: appeared in the Congressional Record of appeared in the Congressional Record of To be major general June 24, 2015. June 24, 2015. Col. Dondi E. Costin PN612 ARMY nominations (5) beginning PN624 NAVY nomination of Michael J. El- STEVE J. CHUN, and ending BENJAMIN R. liott, which was received by the Senate and IN THE ARMY SIEBERT, which nominations were received appeared in the Congressional Record of The following named officer for appoint- by the Senate and appeared in the Congres- June 24, 2015. ment in the United States Army to the grade sional Record of June 24, 2015. PN640 NAVY nominations (42) beginning indicated while assigned to a position of im- PN613 ARMY nomination of Steven L. CHRISTOPHER N. ANDREWS, and ending portance and responsibility under title 10, Isenhour, which was received by the Senate NICHOLAS J. VANDYKE, which nomina- U.S.C., section 601: and appeared in the Congressional Record of tions were received by the Senate and ap- To be lieutenant general June 24, 2015. peared in the Congressional Record of July 8, Maj. Gen. Stephen R. Lyons PN614 ARMY nomination of Joseph D. 2015. Gramling, which was received by the Senate IN THE NAVY and appeared in the Congressional Record of f The following named officer for appoint- June 24, 2015. LEGISLATIVE SESSION ment in the United States Navy to the grade PN615 ARMY nomination of Mark S. Sny- indicated while assigned to a position of im- der, which was received by the Senate and The PRESIDING OFFICER. The Sen- portance and responsibility under title 10, appeared in the Congressional Record of ate will now resume legislative session. U.S.C., section 601: June 24, 2015. f To be vice admiral PN616 ARMY nomination of Keith J. Rear Adm. John C. Aquilino McVeigh, which was received by the Senate NOTICE ACT and appeared in the Congressional Record of The following named officer for appoint- June 24, 2015. Mr. MCCONNELL. Mr. President, I ment in the United States Navy to the grade PN617 ARMY nomination of Lisa M. ask unanimous consent that the Com- indicated while assigned to a position of im- Stremel, which was received by the Senate mittee on Finance be discharged from portance and responsibility under title 10, and appeared in the Congressional Record of U.S.C., section 601: further consideration of H.R. 876 and June 24, 2015. the Senate proceed to its immediate To be vice admiral PN618 ARMY nominations (2) beginning consideration. MICHAEL N. CLEVELAND, and ending MI- Vice Adm. Robert L. Thomas, Jr. The PRESIDING OFFICER. Without IN THE MARINE CORPS CHAEL W. SUMMERS, which nominations were received by the Senate and appeared in objection, it is so ordered. The following named officer for appoint- the Congressional Record of June 24, 2015. The clerk will report the bill by title. ment in the United States Marine Corps to PN619 ARMY nominations (2) beginning The senior assistant legislative clerk the grade indicated while assigned to a posi- MATTHEW H. BROOKS, and ending JAY D. tion of importance and responsibility under read as follows: HANSON, which nominations were received A bill (H.R. 876) to amend Title XVIII of title 10, U.S.C., section 601: by the Senate and appeared in the Congres- To be lieutenant general the Social Security Act to require hospitals sional Record of June 24, 2015. to provide certain notifications to individ- PN620 ARMY nominations (5) beginning Maj. Gen. Lawrence D. Nicholson uals classified by such hospitals under obser- GIL A. DIAZCRUZ, and ending SOLIMAN G. NOMINATIONS PLACED ON THE SECRETARY’S vation status rather than admitted as inpa- VALDEZ, which nominations were received DESK tients of such hospitals. by the Senate and appeared in the Congres- IN THE AIR FORCE sional Record of June 24, 2015. There being no objection, the Senate PN594 AIR FORCE nomination of Robert B. PN635 ARMY nominations (7) beginning proceeded to consider the bill. A. MacGregor, which was received by the NICHOLAS R. CABANO, and ending JAMES Mr. CARDIN. Mr. President, I ap- Senate and appeared in the Congressional W. PRATT, which nominations were received plaud the Senate passage of H.R. 876, Record of June 22, 2015. by the Senate and appeared in the Congres- the Notice of Observation Treatment PN602 AIR FORCE nominations (18) begin- sional Record of July 8, 2015. ning JANE E. BOOMER, and ending MAT- PN636 ARMY nominations (17) beginning and Implication for Care Eligibility, THEW D. VAN DALEN, which nominations KIMBERLY D. BRENDA, and ending NOTICE, Act. Representative LLOYD were received by the Senate and appeared in CARRIE A. STORER, which nominations DOGGETT of Texas introduced H.R. 876. the Congressional Record of June 24, 2015. were received by the Senate and appeared in Senator ENZI and I introduced an iden- PN604 AIR FORCE nominations (48) begin- the Congressional Record of July 8, 2015. tical companion bill in the Senate, S. ning AFSANA AHMED, and ending REGGIE PN637 ARMY nominations (90) beginning 1349, which the Finance Committee re- D. YAGER, which nominations were received ERIC J. ANSORGE, and ending D011713, ported unanimously by voice vote on by the Senate and appeared in the Congres- which nominations were received by the Sen- sional Record of June 24, 2015. ate and appeared in the Congressional June 24, 2015. This important legisla- PN605 AIR FORCE nominations (13) begin- Record of July 8, 2015. tion requires hospitals to give notice to ning JOHN C. ROCKWELL, and ending STE- PN638 ARMY nominations (65) beginning Medicare beneficiaries who are classi- PHEN J. TORRES, which nominations were JOHN L. AMENT, and ending WENDY G. fied as ‘‘outpatient observation’’ status

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.013 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5921 for more than 24 hours rather than sure our seniors are fully informed The result was announced—yeas 79, being admitted to the hospital as inpa- about their hospital status and the fi- nays 14, as follows: tients. Being classified as ‘‘outpatient nancial implications. I thank my col- [Rollcall Vote No. 255 Leg.] observation’’ status may result in leagues for joining with me and Sen- YEAS—79 higher out-of-pocket costs for Medicare ator ENZI to support this important Alexander Franken Murray beneficiaries and makes those bene- legislation. Baldwin Gardner Nelson ficiaries ineligible for Medicare cov- Mr. MCCONNELL. Mr. President, I Barrasso Gillibrand Portman erage of post-acute care in a skilled further ask unanimous consent that Bennet Graham Reed Blumenthal Grassley nursing facility after they are dis- the bill be read a third time and passed Reid Booker Hatch Risch charged from the hospital. and the motion to reconsider be consid- Boxer Heinrich Roberts The use of ‘‘outpatient observation’’ ered made and laid upon the table with Brown Heitkamp Rounds Burr Hirono Sanders status has become more prevalent in no intervening action or debate. Cantwell Hoeven Sasse recent years, and the duration of these The PRESIDING OFFICER. Without Capito Inhofe ‘‘outpatient observation’’ stays has objection, it is so ordered. Cardin Isakson Schatz Schumer grown longer—meaning that an in- The bill (H.R. 876) was ordered to a Carper Johnson Casey Kaine Scott creasing number of Medicare bene- third reading, was read the third time, Cassidy King Sessions ficiaries are spending more and more and passed. Coats Kirk Shaheen Shelby time in the hospital without being ad- f Cochran Klobuchar mitted as inpatients. According to the Cornyn Leahy Stabenow RECESS Crapo Lee Tester Department of Health & Human Cruz Manchin Thune Services’s, HHS, inspector general, in Mr. MCCONNELL. Mr. President, I Daines McCaskill Tillis 2012, Medicare beneficiaries had more ask unanimous consent that the Sen- Donnelly McConnell Udall ate stand in recess until 9:15 p.m.; fur- Durbin Menendez Warner than 600,000 ‘‘outpatient observation’’ Enzi Merkley ther, that all time during the recess Warren stays that lasted 3 nights or more. Ernst Mikulski Whitehouse These ‘‘outpatient observation’’ count postcloture. Feinstein Murkowski Wyden stays can have serious financial con- The PRESIDING OFFICER. Without Fischer Murphy sequences for seniors. Medicare bene- objection, it is so ordered. NAYS—14 ficiaries classified as ‘‘outpatient ob- Thereupon, the Senate, at 6:57 p.m., Ayotte Lankford Sullivan servation’’ status are responsible for recessed until 9:15 p.m. and reassem- Boozman McCain Toomey outpatient co-payments and prescrip- bled when called to order by the Pre- Collins Moran Vitter Cotton Paul OOZMAN Wicker tion drug costs that they would not siding Officer (Mr. B ). Heller Perdue have had as an inpatient—and there is f NOT VOTING—7 no out-of-pocket cap on these costs. HIRE MORE HEROES ACT OF 2015— Perhaps most importantly, Medicare Blunt Flake Rubio Continued Coons Markey will only cover post-acute care in a Corker Peters skilled nursing facility, SNF, if the QUORUM CALL Mr. WICKER. Mr. President, I sug- The motion was agreed to. beneficiary had 3 consecutive days of The PRESIDING OFFICER. A hospitalization as an inpatient—even gest the absence of a quorum. The PRESIDING OFFICER. The quorum is present. though ‘‘outpatient observation’’ pa- The majority leader. tients may spend multiple nights in clerk will call the roll. VOTE ON AMENDMENT NO. 2329 the hospital and receive the same type The legislative clerk proceeded to and level of care as inpatients. This call the roll and the following Senators Mr. MCCONNELL. Mr. President, I means Medicare beneficiaries classified entered the Chamber and answered to move to table amendment No. 2329. The PRESIDING OFFICER. The as ‘‘outpatient observation’’ status who their names: question is on agreeing to the motion. require skilled nursing care after dis- [Quorum No. 6 Leg.] The motion was agreed to. charge from the hospital must pay the Alexander Durbin Murphy The PRESIDING OFFICER. The entire cost themselves—an average Barrasso Fischer Perdue Boozman Franken Rounds Democratic leader. out-of-pocket cost of more than $10,000 Boxer Heinrich Tillis AMENDMENT NO. 2328 per beneficiary. Cardin Lee Udall Understandably, Medicare bene- Cornyn McConnell Whitehouse Mr. REID. Mr. President, I raise a ficiaries spending several nights in the The PRESIDING OFFICER (Mr. germaneness point of order against amendment No. 2328. hospital often simply assume that they TILLIS). A quorum is not present. have been admitted as inpatients. The majority leader. The PRESIDING OFFICER. The Many seniors are unaware that they Mr. MCCONNELL. Mr. President, I point of order is sustained, and the have actually been classified as ‘‘out- move to instruct the Sergeant at Arms amendment falls. patient observation’’ status and what to request the presence of absent Sen- VOTE ON AMENDMENT NO. 2327 that means in terms of the financial ators, and I ask for the yeas and nays. The PRESIDING OFFICER. The consequences for them and their fami- The PRESIDING OFFICER. Is there a question now occurs on agreeing to lies. In some cases, these seniors only sufficient second? amendment No. 2327, offered by the become aware of their ‘‘outpatient ob- There is a sufficient second. Senator from Kentucky, Mr. MCCON- servation’’ status after they receive a The question is on agreeing to the NELL, for Mr. KIRK. bill from the nursing home for tens of motion of the Senator from Kentucky. The yeas and nays were previously thousands of dollars. The clerk will call the roll. ordered. Under the NOTICE Act, within 36 The legislative clerk called the roll. The clerk will call the roll. hours or, if sooner, upon discharge, Mr. CORNYN. The following Senators The senior assistant legislative clerk hospitals are required to provide writ- are necessarily absent: the Senator called the roll. ten notice to the Medicare beneficiary from Missouri (Mr. BLUNT), the Senator Mr. CORNYN. The following Senators explaining, No. 1, that he or she has from Tennessee (Mr. CORKER), the Sen- are necessarily absent: the Senator been classified as an outpatient under ator from Arizona (Mr. FLAKE), and the from Missouri (Mr. BLUNT), the Senator observation status, instead of being ad- Senator from Florida (Mr. RUBIO). from Tennessee (Mr. CORKER), the Sen- mitted as an inpatient; No. 2, the rea- Mr. DURBIN. I announce that the ator from Arizona (Mr. FLAKE), and the son for that classification; and, No. 3, Senator from Delaware (Mr. COONS), Senator from Florida (Mr. RUBIO). the implications on cost-sharing and the Senator from Massachusetts (Mr. Mr. DURBIN. I announce that the eligibility for Medicare coverage of MARKEY), and the Senator from Michi- Senator from Delaware (Mr. COONS), post-acute care in a skilled nursing fa- gan (Mr. PETERS) are necesarily absent. the Senator from Massachusetts (Mr. cility. The PRESIDING OFFICER. Are there MARKEY), and the Senator from Michi- The NOTICE Act is a no-cost, com- any other Senators in the Chamber de- gan (Mr. PETERS) are necessarily ab- monsense approach that will help en- siring to vote? sent.

VerDate Sep 11 2014 08:30 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.062 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5922 CONGRESSIONAL RECORD — SENATE July 27, 2015 The PRESIDING OFFICER. Are there The clerk will call the roll. There appears to be a sufficient sec- any other Senators in the Chamber de- The legislative clerk called the roll. ond. siring to vote? Mr. CORNYN. The following Senators The yeas and nays were ordered. The result was announced—yeas 64, are necessarily absent: the Senator AMENDMENT NO. 2533 TO AMENDMENT NO. 2421 nays 29, as follows: from Tennessee (Mr. CORKER), the Sen- (Purpose: To improve the amendment) [Rollcall Vote No. 256 Leg.] ator from Arizona (Mr. FLAKE), and the Mr. MCCONNELL. Mr. President, I YEAS—64 Senator from Florida (Mr. RUBIO). have a second-degree amendment at Mr. DURBIN. I announce that the Alexander Gillibrand Murphy the desk. Ayotte Graham Murray Senator from Delaware (Mr. COONS), The PRESIDING OFFICER. The Baldwin Heinrich Nelson the Senator from Massachusetts (Mr. clerk will report. Bennet Heitkamp Portman MARKEY), and the Senator from Michi- The senior assistant legislative clerk Blumenthal Heller Reed gan (Mr. PETERS) are necessarily ab- Booker Hirono read as follows: Reid sent. Boxer Hoeven Roberts The Senator from Kentucky [Mr. MCCON- Brown Isakson Rounds The PRESIDING OFFICER. Are there NELL], for Mr. INHOFE, proposes an amend- Burr Johnson Schatz any other Senators in the Chamber de- ment numbered 2533 to amendment No. 2421. Cantwell Kaine Schumer Cardin King siring to vote? Mr. MCCONNELL. I ask unanimous Scott Carper Kirk The yeas and nays resulted—yeas 62, consent that the reading of the amend- Casey Klobuchar Shaheen nays 32, as follows: Stabenow ment be dispensed with. Coats Leahy [Rollcall Vote No. 257 Leg.] The PRESIDING OFFICER. Without Cochran Manchin Tester Collins McCain Udall YEAS—62 objection, it is so ordered. Donnelly McCaskill Warner Alexander Fischer McConnell (The amendment is printed in today’s Durbin Menendez Warren Ayotte Franken Moran RECORD under ‘‘Text of Amendments.’’) Enzi Merkley Whitehouse Baldwin Gardner Murray AMENDMENT NO. 2417 Ernst Mikulski Wicker Barrasso Graham Nelson Mr. MCCONNELL. Mr. President, I Feinstein Moran Wyden Bennet Grassley Portman Franken Murkowski Blunt Hatch Roberts have an amendment to the text of the NAYS—29 Boozman Heitkamp Rounds underlying bill. Boxer Heller Sanders The PRESIDING OFFICER. The Barrasso Gardner Sanders Burr Hoeven Schatz Boozman Grassley Sasse Cantwell Inhofe clerk will report. Scott Capito Hatch Sessions Capito Isakson The bill clerk read as follows: Sessions Cassidy Inhofe Shelby Cassidy Johnson Shaheen The Senator from Kentucky [Mr. MCCON- Cornyn Lankford Sullivan Coats Kaine Stabenow NELL] proposes an amendment numbered 2417 Cotton Lee Thune Cochran King Sullivan to the language proposed to be stricken by Crapo McConnell Tillis Collins Kirk Tester amendment No. 2266. Cruz Paul Toomey Cornyn Klobuchar Daines Perdue Thune Vitter Daines Lankford The amendment is as follows: Fischer Risch Tillis Durbin Leahy At the end add the following: Enzi Manchin Vitter NOT VOTING—7 Ernst McCain Whitehouse ‘‘This act shall be effective 1 day after en- Blunt Flake Rubio Feinstein McCaskill Wicker actment.’’ Coons Markey NAYS—32 Mr. MCCONNELL. I ask for the yeas Corker Peters and nays on my amendment. Blumenthal Heinrich Reid The amendment (No. 2327) was agreed Booker Hirono Risch The PRESIDING OFFICER. Is there a to. Brown Lee Sasse sufficient second? The PRESIDING OFFICER. The ma- Cardin Menendez Schumer There appears to be a sufficient sec- jority leader. Carper Merkley Shelby ond. Casey Mikulski Toomey The yeas and nays were ordered. CLOTURE MOTION Cotton Murkowski Udall AMENDMENT NO. 2418 TO AMENDMENT NO. 2417 Mr. MCCONNELL. Mr. President, I Crapo Murphy Warner Cruz Paul Warren Mr. MCCONNELL. Mr. President, I ask unanimous consent that the man- Donnelly Perdue Wyden datory quorum call with respect to the Gillibrand Reed have a second-degree amendment at the desk. cloture vote on the McConnell amend- NOT VOTING—6 ment No. 2266, as modified, be waived. The PRESIDING OFFICER. The Coons Flake Peters clerk will report. The PRESIDING OFFICER. Is there Corker Markey Rubio objection? The bill clerk read as follows: Without objection, it is so ordered. The PRESIDING OFFICER. On this The Senator from Kentucky [Mr. MCCON- Pursuant to rule XXII, the Chair lays vote, the yeas are 62, the nays are 32. NELL] proposes an amendment numbered 2418 Three-fifths of the Senators duly cho- to amendment No. 2417. before the Senate the pending cloture sen and sworn having voted in the af- motion, which the clerk will state. Mr. MCCONNELL. I ask unanimous firmative, the motion is agreed to. The legislative clerk read as follows: consent that the reading of the amend- The majority leader. ment be dispensed with. CLOTURE MOTION AMENDMENT NO. 2421 TO AMENDMENT NO. 2266 The PRESIDING OFFICER. Without We, the undersigned Senators, in accord- (Purpose: Of a perfecting nature) objection, it is so ordered. ance with the provisions of rule XXII of the The amendment is as follows: Standing Rules of the Senate, do hereby Mr. MCCONNELL. Mr. President, I move to bring to a close debate on the call up amendment No. 2421. On line 2, strike ‘‘1 day’’ and insert ‘‘2 McConnell amendment No. 2266, as modified. The PRESIDING OFFICER. The days.’’ Mitch McConnell, John Cornyn, Orrin G. clerk will report. Mr. MCCONNELL. I suggest the ab- Hatch, John Barrasso, Pat Roberts, The bill clerk read as follows: sence of a quorum. Richard Burr, Thom Tillis, David Vit- The Senator from Kentucky [Mr. MCCON- The PRESIDING OFFICER. The ter, Lindsey Graham, Kelly Ayotte, NELL] proposes an amendment numbered 2421 clerk will call the roll. Lamar Alexander, Daniel Coats, John to amendment No. 2266. The senior assistant legislative clerk Hoeven, James M. Inhofe, Roger F. Mr. MCCONNELL. I ask unanimous proceeded to call the roll. Wicker, Susan M. Collins, John Thune. consent that the reading of the amend- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. By unan- ment be dispensed with. ask unanimous consent that the order imous consent, the mandatory quorum The PRESIDING OFFICER. Without for the quorum call be rescinded. call has been waived. objection, it is so ordered. The PRESIDING OFFICER. Without The question is, Is it the sense of the (The amendment is printed in the objection, it is so ordered. Senate that debate on amendment No. RECORD of July 26, 2015, under ‘‘Text of f 2266, as modified, offered by the Sen- Amendments.’’) ator from Kentucky, Mr. MCCONNELL, Mr. MCCONNELL. I ask for the yeas MORNING BUSINESS to H.R. 22, shall be brought to a close? and nays on my amendment. Mr. MCCONNELL. Mr. President, I The yeas and nays are mandatory The PRESIDING OFFICER. Is there a ask unanimous consent that the Sen- under the rule. sufficient second? ate be in a period of morning business,

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.041 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5923 with Senators permitted to speak Higher Education found that between and most notably, New Hampshire’s therein for up to 10 minutes each. 2009–2014, Ball State’s 4-year gradua- 73rd Governor Meldrim Thomson, Jr., The PRESIDING OFFICER. Without tion rates increased by 12.1 percentage all share ties to Orford. objection, it is so ordered. points. Distinguished Ball State grad- On behalf of all Granite Staters, I am f uates include David Letterman, former pleased to offer my congratulations to host of CBS’s Late Show and Jim the citizens of Orford on reaching this MUNCIE, INDIANA 150TH Davis, creator of the iconic comic strip special milestone, and I thank them for ANNIVERSARY Garfield—recognized as the world’s their many contributions to the life Mr. DONNELLY. Mr. President, I most widely-syndicated comic strip. and spirit of New Hampshire.∑ wish to honor the city of Muncie on its With the addition of Ivy Technology f 150th anniversary and to recognize the Community College and Harrison Col- TRIBUTE TO RICHARD LAPOINT many contributions of Muncie’s citi- lege, Muncie has shown a continued zens to the great State of Indiana and commitment to higher education. ∑ Ms. AYOTTE. Mr. President, today I to our country. The city of Muncie reflects our Hoo- wish to recognize the exceptional pub- Muncie’s history dates to the 1790s sier values, and its citizens serve as an lic service of my good friend, Pittsburg when the Lenape Native Americans example of how hard work and dedica- Police Chief Richard ‘‘Dick’’ Lapoint. settled the area and named it tion lead to success, opportunity, and Chief Lapoint has worked as a Pitts- Wapicamikunk. As early European set- prosperity. It is a great honor to rep- burg, NH law enforcement officer for tlers moved into the area, it was resent the city of Muncie in the Sen- more than 40 years. He is retiring on named Munsee Town after the dialect ate. On behalf of the State of Indiana, August 16, 2015, the day after Pitts- of the Lenape Native Americans, who I congratulate each and every citizen burg’s 175th Old Home Day celebration. spoke Munsee. When it was incor- of Muncie on the city’s 150th anniver- Chief Lapoint is a 1968 graduate of porated in 1865, Munsee Town became sary and wish you continued success Pittsburg High School, and first began the city of Muncie. and prosperity in the future. his law enforcement career as a part- The gas boom helped establish the time officer in August 1975. After work- f city of Muncie as an important manu- ing part-time for 11 years, he became a facturing center for the Nation. In 1880, ADDITIONAL STATEMENTS sergeant, and was later promoted to the Ball brothers founded Ball Corpora- the department’s full-time chief on tion where they specialized in manu- January 16, 1987. Having held the posi- facturing glass bottles. The company ORFORD, NEW HAMPSHIRE 250TH tion for more than 28 years, Chief was moved from Buffalo, NY to Muncie ANNIVERSARY Lapoint is one of the longest serving in 1887 to take advantage of the ample ∑ Ms. AYOTTE. Mr. President, today I police chiefs in the Granite State. amounts of available natural gas. The pay tribute to Orford, NH—a town in Throughout his career, Chief Lapoint Ball Corporation provided jobs, local Grafton County celebrating the 250th has established a reputation not only business funding, and philanthropy anniversary of its founding. I am proud as a knowledgeable, respected, and that propelled Muncie into a thriving to join citizens across the Granite compassionate public safety profes- city. State in recognizing this historic occa- sional, but also as an engaged commu- As business boomed for the Ball Cor- sion. nity member. Chief Lapoint knows poration, new businesses opened and Orford village is the town’s main pop- that in a small town, public safety Muncie grew. In the early 1900s, manu- ulation center and is situated along the means wearing many hats. He was a facturing and industrial companies in- Connecticut River. The town lies in the member of the fire department for 36 cluding Delco Battery, New Venture shadow of Sunday Mountain, years and an emergency medical tech- Gear, BorgWarner, and General Motors Cottonstone Mountain, and Mount nician for over 20 years. Known for his opened factories and businesses in Cube—Orford’s highest peak. The Appa- advocacy of cooperative North Country Muncie. Muncie is also home to one of lachian Trail runs through the summit policing, he was a leader in uniting the famous early 20th century ‘‘Middle- of Mount Cube, greatly contributing to local, county, State, and Federal agen- town’’ studies, which helped to meas- the town’s natural and scenic treas- cies to share information, train, and ure social trends in the U.S.; Muncie is ures. work together. He also served as the considered one of most studied commu- The town of Orford is named for Rob- president of the Coos County Chiefs As- nities in the country. Over the years, ert Walpole, first earl of Orford, and sociation, and has built strong partner- the city continued to grow and inno- England’s first Prime Minister. It was ships with colleagues throughout the vate with the addition of railroads, originally chartered by Colonial Gov- public safety community. higher education institutions, and ernor Benning Wentworth in 1761 and During my time as New Hampshire’s health care facilities. later settled in 1765. attorney general, it was my privilege Today, Muncie is one of the 10 largest The rich agricultural history of to work directly with Chief Lapoint on cities in Indiana with a population of Orford is exemplified by the success of many important law enforcement ini- more than 70,000 citizens. Top attrac- the Mt. Cube Sugar Farm. For over 60 tiatives. He earned the respect and ad- tions in the Muncie area include the years, the Thomson family has been miration of his peers across the State, north Walnut Street Fieldhouse, producing its award-winning maple and has been a thoughtful and effective Emens Auditorium, historic downtown syrup from the groves located on the leader in efforts to improve the crimi- Muncie, the National Model Aviation farm’s namesake mountain. nal justice system throughout New Museum, the Cardinal Greenway trail Orford also boasts an impressive in- Hampshire. Additionally, Chief Lapoint system, Minnetrista Cultural Center, dustrial past, including soapstone served on the executive board of the and Ball State University. quarries, sawmills, a tannery, grist New Hampshire Association of Chiefs Ball State opened in 1899 as a small, mill, and factories that manufactured of Police, and has represented Coos private teacher training school. The starch, chairs, doors, boots and shoes. County with professionalism and integ- university was founded in 1918. Ball The town is known for its historic rity throughout his entire membership. State attracts students from around ‘‘ridge’’ homes and is credited with Making frequent trips to Concord and the Nation and 43 different countries, having one of the finest collections of southern New Hampshire, he ensured and is currently one of the top employ- federal-style houses in the Nation. that our Great Northern Woods had an ers in the city of Muncie. Ball State is As innovators, statesmen and sol- important voice on public safety home to about 21,000 current students diers, Orford residents have been issues. in undergraduate and graduate pro- known throughout history for their As Chief Lapoint celebrates his re- grams, and it recently experienced the commitment and sacrifice in the serv- tirement, I want to commend him on a largest 5-year increase in on-time grad- ice of our great Nation. Early steam- job well done, and ask my colleagues to uation rates of any Indiana public in- ship pioneer Samuel Morey, U.S. Con- join me in thanking him for his out- stitution of higher education. A report gressman Jeduthun Wilcox, Senators standing service and in wishing him released by the Indiana Commission for Gilman Marston and Leonard Wilcox, the best in all his future endeavors.∑

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.078 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5924 CONGRESSIONAL RECORD — SENATE July 27, 2015 RECOGNIZING ACADIA DEATLEY RECOGNIZING OTTO MARTINEK RECOGNIZING MACKENZIE ∑ Mr. BARRASSO. Mr. President, I ∑ Mr. BARRASSO. Mr. President, I MUIRHEAD wish to take the opportunity to express wish to take the opportunity to express ∑ Mr. BARRASSO. Mr. President, I my appreciation to Acadia DeAtley for my appreciation to Otto Martinek for wish to take the opportunity to express her hard work as an intern in my his hard work as an intern in the Sen- my appreciation to Mackenzie Washington, DC, office. I recognize her ate Republican Policy Committee. I Muirhead for her hard work as an in- efforts and contributions to my office recognize his efforts and contributions tern in my Cheyenne office. I recognize as well as to the State of Wyoming. to my office as well as to the State of her efforts and contributions to my of- Acadia is a native of Cody, WY, and Wyoming. fice as well as to the State of Wyo- a graduate of Cody High School. She Otto is a native of Teton Village, ming. currently attends the University of WY, and a graduate of St. Mark’s Mackenzie is a native of Cheyenne, Wyoming. She has demonstrated a School of Texas. He currently attends WY, and a graduate of Cheyenne East strong work ethic, which has made her the University of Texas at Austin. He High School. She currently attends the an invaluable asset to our office. The has demonstrated a strong work ethic, University of Wyoming. She has dem- quality of her work is reflected in her which has made him an invaluable onstrated a strong work ethic, which great efforts over the last several asset to our office. The quality of his has made her an invaluable asset to months. work is reflected in his great efforts our office. The quality of her work is I thank Acadia for the dedication she over the last several months. reflected in her great efforts over the has shown while working for me and I want to thank Otto for the dedica- last several months. my staff. It was a pleasure to have her tion he has shown while working for I thank Mackenzie for the dedication as a part of our team. I know she will me and my staff. It was a pleasure to she has shown while working for me have continued success with all of her have him as a part of our team. I know and my staff. It was a pleasure to have future endeavors. I wish her all my he will have continued success with all her as a part of our team. I know she best on her next journey.∑ of his future endeavors. I wish him all will have continued success with all of ∑ f my best on his next journey. her future endeavors. I wish her all my best on her next journey.∑ RECOGNIZING ABBEY ENGEN f f ∑ Mr. BARRASSO. Mr. President, I RECOGNIZING SHELBY McREE wish to take the opportunity to express ∑ Mr. BARRASSO. Mr. President, I RECOGNIZING ANDREW NEWBOLD my appreciation to Abbey Engen for wish to take the opportunity to express ∑ Mr. BARRASSO. Mr. President, I her hard work as an intern in my Cas- my appreciation to Shelby McRee for wish to take the opportunity to express per office. I recognize her efforts and her hard work as an intern in my Cas- my appreciation to Andrew Newbold contributions to my office as well as to per office. I recognize her efforts and for his hard work as an intern in my the State of Wyoming. contributions to my office as well as to Rock Springs office. I recognize his ef- Abbey is a native of Casper, WY, and the State of Wyoming. forts and contributions to my office as a graduate of Natrona County High Shelby is a native of Casper, WY, and well as to the State of Wyoming. School. She currently attends the Uni- a graduate of Kelly Walsh High School. Andrew lives in Rock Springs, WY, versity of Wyoming. She has dem- She currently attends Casper College. and he currently attends Western Wyo- onstrated a strong work ethic, which She has demonstrated a strong work ming Community College. He has dem- has made her an invaluable asset to ethic, which has made her an invalu- onstrated a strong work ethic, which our office. The quality of her work is able asset to our office. The quality of has made him an invaluable asset to reflected in her great efforts over the her work is reflected in her great ef- our office. The quality of his work is last several months. forts over the last several months. reflected in his great efforts over the I thank Abbey for the dedication she I thank Shelby for the dedication she last several months. has shown while working for me and has shown while working for me and I thank Andrew for the dedication he my staff. It was a pleasure to have her my staff. It was a pleasure to have her has shown while working for me and as a part of our team. I know she will as a part of our team. I know she will my staff. It was a pleasure to have him have continued success with all of her have continued success with all of her as a part of our team. I know he will future endeavors. I wish her all my future endeavors. I wish her all my have continued success with all of his best on her next journey.∑ best on her next journey.∑ future endeavors. I wish him all my f best on his next journey.∑ f RECOGNIZING KAITLIN KRELL f ∑ Mr. BARRASSO. Mr. President, I RECOGNIZING ERIC MORALES wish to take the opportunity to express ∑ Mr. BARRASSO. Mr. President, I RECOGNIZING TESSA ROBINSON my appreciation to Kaitlin Krell for wish to take the opportunity to express ∑ Mr. BARRASSO. Mr. President, I her hard work as an intern in the Sen- my appreciation to Eric Morales for his wish to take the opportunity to express ate Republican Policy Committee. I hard work as an intern in my Wash- my appreciation to Tessa Robinson for recognize her efforts and contributions ington, DC, office. I recognize his ef- her hard work as an intern in my to my office as well as to the State of forts and contributions to my office as Sheridan office. I recognize her efforts Wyoming. well as to the State of Wyoming. and contributions to my office as well Kaitlin is a native of Kemmerer, WY, Eric is a native of Casper, WY, and a as to the State of Wyoming. and a graduate of Kemmerer High graduate of Kelly Walsh High School. Tessa lives in Gillette and currently School. She currently attends the Uni- He currently attends Northwestern attends Northern Wyoming Commu- versity of Wyoming. She has dem- University. He has demonstrated a nity College. She has demonstrated a onstrated a strong work ethic, which strong work ethic, which has made him strong work ethic, which has made her has made her an invaluable asset to an invaluable asset to our office. The an invaluable asset to our office. The our office. The quality of her work is quality of his work is reflected in his quality of her work is reflected in her reflected in her great efforts over the great efforts over the last several great efforts over the last several last several months. months. months. I thank Kaitlin for the dedication she I thank Eric for the dedication he has I thank Tessa for the dedication she has shown while working for me and shown while working for me and my has shown while working for me and my staff. It was a pleasure to have her staff. It was a pleasure to have him as my staff. It was a pleasure to have her as a part of our team. I know she will a part of our team. I know he will have as a part of our team. I know she will have continued success with all of her continued success with all of his future have continued success with all of her future endeavors. I wish her all my endeavors. I wish him all my best on future endeavors. I wish her all my best on her next journey.∑ his next journey.∑ best on her next journey.∑

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.012 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5925 RECOGNIZING KYLIE TAYLOR RECOGNIZING PETER VICENZI REMEMBERING JOHN JAMES ∑ Mr. BARRASSO. Mr. President, I ∑ Mr. BARRASSO. Mr. President, I WILDING wish to take the opportunity to express wish to take the opportunity to express ∑ Mr. CASEY. Mr. President, I wish to my appreciation to Kylie Taylor for my appreciation to Peter Vicenzi for honor Patrolman John James Wilding, her hard work as an intern in my his hard work as an intern in the U.S. who passed away after being injured in Washington, DC, office. I recognize her Senate Committee on Indian Affairs. I the line of duty on July 12, 2015. The efforts and contributions to my office recognize his efforts and contributions loss of Patrolman Wilding is a tragedy as well as to the State of Wyoming. to my office as well as to the State of for the Commonwealth of Pennsyl- Kylie is a native of Cheyenne, WY, Wyoming. vania, but the legacy of his bravery and a graduate of Cheyenne East High Peter currently attends St. Mary’s and selfless service to the people of School. She recently graduated from College in Maryland, where is he study- Scranton will live on. the University of Wyoming. She has ing public policy and economics. He Born in Scranton, Patrolman Wilding demonstrated a strong work ethic, has demonstrated a strong work ethic, dedicated his career to protecting and which has made her an invaluable asset which has made him an invaluable serving others. Prior to joining the to our office. The quality of her work is asset to our office. The quality of his Scranton Police Department in 2014, he reflected in her great efforts over the work is reflected in his great efforts worked at St. Joseph’s Center, Dunbar last several months. over the last several months. Armored and Lackawanna College, I thank Kylie for the dedication she I thank Peter for the dedication he where he built personal connections has shown while working for me and has shown while working for me and throughout the community that great- my staff. It was a pleasure to have her my staff. It was a pleasure to have him ly influenced his service on the police as a part of our team. I know she will as a part of our team. I know he will force. He was well-known for his com- have continued success with all of her have continued success with all of his passionate demeanor, respectful leader- future endeavors. I wish her all my future endeavors. I wish him all my ship, and love of his community. He best on her next journey.∑ best on his next journey.∑ loved his family fiercely, taking every opportunity to spend time with his f f wife Kristen, and children Loa Mae and Sidney. RECOGNIZING MORGAN TEMTE RECOGNIZING ALYSSA VOLLMER Though Patrolman Wilding’s life and ∑ Mr. BARRASSO. Mr. President, I ∑ Mr. BARRASSO. Mr. President, I career in public safety were cut short, wish to take the opportunity to express wish to take the opportunity to express we are all grateful for his dedicated my appreciation to Morgan Temte for my appreciation to Alyssa Vollmer for service to Pennsylvania. He set a won- her hard work as an intern in my Chey- her hard work as an intern in my Cas- derful example of community activism enne office. I recognize her efforts and per office. I recognize her efforts and for his children and he will be remem- contributions to my office as well as to contributions to my office as well as to bered for his bravery and humility. My the State of Wyoming. the State of Wyoming. thoughts and prayers are with his fam- Morgan is a native of Cheyenne, WY, Alyssa is a graduate of Hanna Elk ily and friends during this difficult and a graduate of Cheyenne Central Mountain Junior/Senior High School. time.∑ High School. She currently attends the She currently attends Casper College. f University of Wyoming. She has dem- She has demonstrated a strong work STENNIS CENTER PROGRAM FOR onstrated a strong work ethic, which ethic, which has made her an invalu- CONGRESSIONAL INTERNS has made her an invaluable asset to able asset to our office. The quality of our office. The quality of her work is her work is reflected in her great ef- ∑ Mr. COCHRAN. Mr. President, this reflected in her great efforts over the forts over the last several months. summer marks the 13th year during last several months. I thank Alyssa for the dedication she which Congressional office interns I thank Morgan for the dedication has shown while working for me and have benefitted from a program oper- she has shown while working for me my staff. It was a pleasure to have her ated by the John C. Stennis Center for and my staff. It was a pleasure to have as a part of our team. I know she will Public Service Leadership. This 6-week her as a part of our team. I know she have continued success with all of her program is designed to enhance the in- will have continued success with all of future endeavors. I wish her all my ternship experience for exceptional col- her future endeavors. I wish her all my best on her next journey.∑ lege students by giving them an inside best on her next journey.∑ look at how Congress works and a f deeper appreciation and understanding f for the role that Congress plays in our RECOGNIZING BRANDON WEDL democracy. Each week, the interns RECOGNIZING CASEY TERRELL ∑ Mr. BARRASSO. Mr. President, I meet with senior congressional staff ∑ Mr. BARRASSO. Mr. President, I wish to take the opportunity to express and other experts to discuss issues in- wish to take the opportunity to express my appreciation to Brandon Wedl for cluding the legislative process, the my appreciation to Casey Terrell for his hard work as an intern in Senate constitutional power of the purse, our his hard work as an intern in my Chey- Committee on Indian Affairs. I recog- government’s separation of powers, the enne office. I recognize his efforts and nize his efforts and contributions to media, and other topics. contributions to my office as well as to my office as well as to the State of Wy- Interns are selected based on their the State of Wyoming. oming. college records, community service ex- Casey is a native of Pinedale, WY, Brandon is a native of Cheyenne, WY, perience, and interest in a career in and a graduate of Pinedale High and a graduate of Cheyenne East High public service. This year, 30 out- School. He currently attends the Uni- School. He currently attends the Uni- standing interns participated in the versity of Wyoming. He has dem- versity of Wyoming. He has dem- program. Most of them are juniors and onstrated a strong work ethic, which onstrated a strong work ethic, which seniors in college who are working in has made him an invaluable asset to has made him an invaluable asset to Republican and Democratic offices in our office. The quality of his work is our office. The quality of his work is both the House and Senate, including reflected in his great efforts over the reflected in his great efforts over the one intern in my office, John Bartley last several months. last several months. Boykin of Meridian, MS. I thank Casey for the dedication he I thank Brandon for the dedication I congratulate the interns for their has shown while working for me and he has shown while working for me and completion of this special program. I my staff. It was a pleasure to have him my staff. It was a pleasure to have him also thank the Stennis Center and the as a part of our team. I know he will as a part of our team. I know he will Senior Stennis Fellows for providing a have continued success with all of his have continued success with all of his meaningful experience for these young future endeavors. I wish him all my future endeavors. I wish him all my leaders and for encouraging them to best on his next journey.∑ best on his next journey.∑ consider a future in public service.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.008 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5926 CONGRESSIONAL RECORD — SENATE July 27, 2015 I ask unanimous consent that a list Katelyn Walker, attending George Wash- Women’s Leadership for commitment of the 2015 Stennis Congressional In- ington University Law School, interning in to financial stability in 2015. April 15 terns and the offices in which they the office of U.S. Representative Marcia has also been named ‘‘Katie Decker Fudge; and Mai Tong Yang, attending the work be printed in the RECORD. Day’’ by the city of Las Vegas. No There being no objection, the mate- College of St. Benedict, interning in the of- fice of U.S. Senator Al Franken.∑ amount of recognition could ade- rial was ordered to be printed in the quately thank Principal Decker for all RECORD, as follows: f that she has done. David Banta, attending Brigham Young TRIBUTE TO CALEY CLARK When Principal Decker initially University, interning in the office of U.S. began at Bracken, the elementary ∑ Mr. DAINES. Mr. President, I wish to Representative Mia Love; Darius I. Baxter, school was one of the lowest per- recognize Caley Clark, an educator attending Georgetown University, interning forming schools in the district. She in the office of U.S. Delegate Eleanor Holmes from White Sulphur Springs, MT. Ms. worked to improve the climate and Norton; Melissa Borom, attending Clark has recently been chosen from academics of the school, spearheading Valparaiso Law School, interning on the among more than 300 other applicants the development of unique magnet pro- House Committee on Appropriations; John to participate this week in the Library Bartley Boykin, attending the University of grams. Bracken is now a five-star Blue of Congress’ Teaching with Primary Mississippi, interning in the office of U.S. Ribbon magnet school and is one of the Sources Summer Teacher Institute. Senator Thad Cochran; Erika Byun, attend- top schools offered in the Nation. Re- Every year, the Library of Congress ing Brown University, interning on the cently, a local initiative began to in- House Committee on Education and the hosts five teacher institutes in Wash- corporate techniques from highly per- Workforce Minority Staff. ington, DC for a select number of K–12 forming schools, also referred to as Dushani De Silva, attending the University educators from across the Nation. Dur- franchise schools, into poorly per- of California Santa Cruz, interning in the of- ing the Library’s Teaching with Pri- fice of U.S. Representative Sam Farr; Bethel forming schools. Principals from fran- mary Sources Summer Teacher Insti- Domfeh, attending George Mason University, chise schools were selected to lead tute, Ms. Clark will work with edu- interning in the office of U.S. Representative poorly performing schools, ultimately cation specialists and subject-matter C.A. ‘‘Dutch’’ Ruppersberger; Luke introducing successful programs into Drachenberg, attending the University of experts about how to best utilize pri- the curriculum. Principal Decker was Wisconsin-Madison, interning on the Senate mary sources in the classroom. In one of two principals chosen to partici- Committee on Agriculture, Nutrition and doing so, she will explore the world’s pate in the initiative and has been as- Forestry; Autumn Duguay, attending the largest online collection of historical University of Southern Maine, interning in signed to Long Elementary School, artifacts, and will be able to access the office of U.S. Senator Angus King; Alison where she is working to bring consist- millions of unique primary source doc- Galetti, attending the University of Miami, ency to the schools she leads and great- uments for her work as an educator. interning in the office of U.S. Representative er opportunity to all of her students. It Teaching with primary source docu- Derek Kilmer; Greta Gormley, attending is because of her consistent academic Loyola University of Maryland, interning in ments is an effective way of educating success with her students that the the office of U.S. Representative Thomas students not just about the history franchise initiative began. Her Piggy Rooney. that these firsthand sources give us, Adam Gould, attending the University of Bank Program was utilized at Bracken but also helps students to develop im- Oregon, interning in the office of U.S. Rep- and will be expanded to her Franchise portant skills like critical thinking. resentative Ted Lieu; Connor Hillard, at- School Walter Long STEAM Academy Ms. Clark will have the opportunity to tending Baylor University, interning in the in the fall. Principal Decker has also bring what she has learned at the Li- office of U.S. Representative Rodney Davis; worked to bring improvement to Sarah Hochman, attending the University of brary of Congress back to her students schools across the district by providing Illinois at Urbana-Champaign, interning on and colleagues at White Sulphur mentoring and administrative help. the Senate Committee on Agriculture, Nutri- Springs School. I am proud to call Ms. She teaches student climate classes to tion and Forestry; Elise Johnson, attending Clark a fellow Montanan, and to recog- the University of Rochester, interning in the administrators, counselors, and teach- nize her achievement and her contribu- office of U.S. Senator Orrin Hatch; Garrett ers and has shared her leadership expe- tion to the students of our great Kays, attending Kansas State University, in- rience at the State of Nevada Mega State.∑ terning on the Senate Committee on Agri- Conference. She has also presented her culture, Nutrition and Forestry; Iyesha Key, f ideas on innovative programs to attending George Mason University, intern- ing on the House Committee on Education TRIBUTE TO KATIE DECKER schools across the country for over 10 years. Her great list of accomplish- and the Workforce Minority Staff; Carmel ∑ Mr. HELLER. Mr. President, today, I Mitchell, attending the University of Cali- ments is legendary in the Clark County fornia, Irvine, interning in the office of U.S. wish to recognize Principal Katie community and remains invaluable to Representative Janice Hahn. Decker for her unwavering dedication local students. Andrew Morley, attending St. John’s Uni- to the Clark County School District As a father of four children who at- versity, interning in the office of U.S. Rep- and to the Las Vegas community. Her tended Nevada’s public schools and as resentative Erik Paulsen; Kevin O’Regan, at- contributions to the local school dis- the husband of a life long teacher, I un- tending the University College Dublin, in- trict have had tremendous positive im- terning in the office of U.S. Representative derstand the important role that edu- pacts, which will be felt by future gen- cational institutions play in enriching Brendan Boyle; Anna Pham, attending the erations of Clark County students for University of California, Hastings College of the lives of Nevada’s students. Ensur- the Law, interning in the office of U.S. Rep- years to come. ing that America’s youth are prepared resentative Alan Lowenthal; Perez Pickney, Throughout her 25 years in the dis- to compete in the 21st century is crit- attending Southern University A & M Col- trict, Principal Decker has worked ical for the future of our country. The lege, interning in the office of U.S. Rep- tirelessly to give students the best op- State of Nevada is fortunate to be resentative Ralph Abraham; Gabrielle portunity for success. She currently home to an educator like Principal Rosenfeld, attending Middlebury College, in- serves as principal of two different ele- terning in the office of U.S. Representative Decker, whose mission is to prepare mentary schools, Walter Bracken our children for their futures. Ted Lieu; Grant Schauer, attending Texas STEAM Academy, Bracken, and Long A & M University, interning in the office of I ask my colleagues and all Nevadans U.S. Senator Ted Cruz. Elementary School, splitting her days to join me in thanking Principal Deck- Patrick Sheehy, attending the University to spend time at each individual insti- er for her dedication to enriching the of Mary Washington, interning in the office tution. Her work at Bracken has been lives of Nevada’s students and con- of U.S. Representative John Shimkus; Colin recognized nationally, as Bracken has gratulating her on her many achieve- Snider, attending Brigham Young Univer- been named a 2015 Merit School of Ex- ments.∑ sity, interning in the office of U.S. Rep- cellence. Along with this outstanding f resentative Adrian Smith; Edwin Torres, at- achievement, Principal Decker was tending Saint John’s University, interning CONGRATULATING KEN FURLONG in the office of U.S. Representative Janice awarded the Magnet Schools of Amer- Hahn; Alexandra Vangrow, attending ica Principal of the Year in 2013, the ∑ Mr. HELLER. Mr. President, today, I Colgate University, interning in the office of Terrel Bell Award for Outstanding wish to congratulate Carson City sher- U.S. Representative Alan Lowenthal; Leadership, and locally by United Way iff Ken Furlong on being named the

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.069 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5927 D.A.R.E Law Enforcement Executive of long on receiving this award, and I give and the Northern Nevada Math Council the Year. It gives me great pleasure to my deepest appreciation for all that he and presents workshops at regional see him receive this prestigious award has done to educate our local students conferences. Her work is greatly appre- after years of hard work within the on these important topics. I offer him ciated. local community. my best wishes on the D.A.R.E Pro- As a father of four children who at- Sheriff Furlong was born and raised gram and in his role to keep Carson tended Nevada’s public schools, and as in Carson City. In 1975, he graduated City safe for years to come.∑ the husband of a life-long teacher, I un- from Carson High School and enlisted f derstand the important role that into the U.S. Air Force in 1978. teachers play in enriching the lives of Throughout his service, Sheriff Fur- CONGRATULATING CARRIE HAIR Nevada’s students. Ensuring that long earned associate degrees in polit- AND JAN HRINDO America’s youth are prepared to com- ical science and criminal justice, as ∑ Mr. HELLER. Mr. President, today I pete in the 21st century is critical for well as a bachelor’s degree in criminal wish to congratulate Carrie Hair and the future of our country. The State of justice administration. He retired from Jan Hrindo on receiving the Presi- Nevada is fortunate to be home to edu- the U.S. Air Force, Office of Special In- dential Awards for Excellence in Math- cators like Ms. Hair and Mrs. Hrindo. vestigation in 1998 and began work ematics and Science Teaching. These I ask my colleagues and all Nevadans with the Nevada Department of Public awards are truly prestigious, attained to join me in thanking Ms. Hair and Safety, Investigations Division and Pa- by only the most influential educators Mrs. Hrindo for their dedication to en- role Probation. In 2003, he was elected across the country. The Silver State is riching the lives of Nevada’s students to the Office of Sheriff and has contin- fortunate to have both of these suc- and in congratulating them on receiv- ued to serve the local community in cessful teachers working at local ing this incredible award. I wish them this role ever since. schools. well in all of their future endeavors The D.A.R.E Law Enforcement Exec- The Presidential Awards for Excel- and in creating success for all students utive of the Year is awarded each year lence in Mathematics and Science who enter their classrooms.∑ by D.A.R.E America and the Drug En- Teaching are considered the Nation’s f forcement Agency to recognize law en- highest honor for kindergarten through RECOGNIZING THE NATIONAL forcement officers who go above and high school mathematics and science WOMEN’S LAW CENTER beyond in drug prevention and enforce- educators. These teachers stand as role ∑ ment. Sheriff Furlong reinstated the models to their colleagues and are Mrs. MURRAY. Mr. President, I wish D.A.R.E Program during his first term dedicated to the success of Nevada’s fu- to recognize the National Women’s in office and has consistently worked ture generations, particularly in en- Law Center for its longtime leadership to improve the initiative throughout couraging students to pursue science, and tireless commitment to expanding his tenure, heavily involving local technology, engineering, and math. opportunities for women, girls, and families. The law center’s advocacy has schools and the community. He has ex- The first teachers to receive these made a difference in countless lives for panded the program to cover several awards were selected in 1983, with 108 more than 40 years, and I have been topics pertaining to positive decisions recognized annually. These educators proud to work with its members on in addition to substance abuse. His go above and beyond in their local many issues during my time in the dedication and commitment to shaping schools to implement unique, high- Senate. positive futures for Carson City stu- quality curriculum to help students On July 30, the Coalition on Human dents is undeniable. The efforts made excel in their learning. I am thankful Needs will honor the law center as its by Sheriff Furlong and the Carson City to both Ms. Hair and Mrs. Hrindo for 2015 Human Needs Hero, recognizing Sheriff’s Office are truly admirable, their invaluable educational contribu- years of research, analysis, advocacy, standing as an example to neighboring tions. and litigation on a wide range of issues Mrs. Hrindo has been very influential communities. Along with the award, at the State and Federal levels. Since Sheriff Furlong will receive $1,000 that in the lives of students, teaching for a its inception in 1972, the law center has he has decided to put back towards the total of 20 years. She has spent the last been a tireless advocate for women, D.A.R.E America Program. 15 years at Incline Elementary and In- children, families, and those Ameri- I also commend each contributing or- cline Middle School, teaching a variety cans most in need. It has been at the ganization that has made this impor- of different science classes. She also forefront of many important policy ini- tant program possible, including Gro- taught at Sierra Nevada College for tiatives and a source of insightful in- cery Outlet, the Emblem Club, North- several years, serving as a mentor to formation that is essential to pro- ern Nevada Coin, the Elks, the Eagles, preservice teachers. Mrs. Hrindo cur- moting and enacting good public pol- and the Downtown Business Associa- rently teaches sixth grade earth icy. tion, as well as the local schools that science, seventh grade life science, and Over the years, I have been proud to have facilitated the D.A.R.E Program. eighth grade Spanish. Her vast range of work with the law center on important Through the help of local funding, stu- knowledge is truly inspirational. She is programs and policies—from affordable dents learn about peer pressure, resist- most recognized for her hands-on labs childcare to expanding tax credits for ance strategies, internet use, safety, and activities that provide students low- and moderate-income families, in- bullying, violence prevention, and the with a unique learning experience and creasing the minimum wage, and nar- value in making wise choices. The Car- for incorporating science into her stu- rowing the wage gap. The law center’s son City Sheriff’s Office provides nu- dents’ lives outside the walls of the outreach and hard work have educated merous activities and educational op- classroom. She has also administrated grassroots advocates and helped convey portunities throughout the year to community science events and science their views to policymakers for over 40 compliment the curriculum and further fair workshops. Mrs. Hrindo’s work is years—it is truly an invaluable re- inform students. This initiative is truly commendable. source. truly a reflection of Carson City’s Ms. Hair has been a mathematics As a determined and committed de- strong and dedicated community. teacher for 15 years. Her past 4 years fender of the needs of women and fami- Throughout his tenure, Sheriff Fur- have been spent teaching seventh and lies, the law center has earned the ad- long has demonstrated professionalism, eighth grade students in Reno at Dar- miration of fellow advocacy organiza- commitment to excellence, and dedica- rell C. Swope Middle School, a highly tions, the respect of its ideological op- tion to the highest standards of the successful magnet school. Ms. Hair was ponents, and the trust of members of Carson City Sheriff’s Department. This a key contributor in developing the this body, including myself. I congratu- program could not have achieved its curriculum incorporated at several late the National Women’s Law Center success without Sheriff Furlong’s hard middle magnet schools in Washoe for receiving this important award rec- work. I am honored by his service and County School District, which aims to ognizing its hard work and commit- am proud to call him a fellow Nevadan. enrich student knowledge at an accel- ment to social justice. I look forward Today, I ask all of my colleagues to erated pace. Ms. Hair is also an active to continuing to work together for join me in congratulating Sheriff Fur- member in the Nevada Math Council years to come.∑

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JY6.003 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5928 CONGRESSIONAL RECORD — SENATE July 27, 2015 MESSAGES FROM THE PRESIDENT officers and employees of the Federal Gov- S. 1871. A bill to establish a smart card ernment (Rept. No. 114–93). pilot program under the Medicare program; Messages from the President of the By Mr. JOHNSON, from the Committee on to the Committee on Finance. United States were communicated to Homeland Security and Governmental Af- By Mr. BOOKER (for himself, Ms. the Senate by Mr. Pate, one of his sec- fairs, with amendments: HIRONO, Mr. FRANKEN, Ms. STABENOW, retaries. S. 1172. A bill to improve the process of Mr. SCHUMER, Mr. KAINE, Ms. MIKUL- f presidential transition (Rept. No. 114–94). SKI, Mr. TESTER, Mr. MARKEY, Mr. S. 1576. A bill to amend title 5, United MURPHY, Mr. SCHATZ, and Mr. EXECUTIVE MESSAGES REFERRED States Code, to prevent fraud by representa- MERKLEY): As in executive session the Presiding tive payees (Rept. No. 114–95). S. 1872. A bill to amend the Higher Edu- Officer laid before the Senate messages f cation Act of 1965 to require the Secretary to provide for the use of data from the second from the President of the United INTRODUCTION OF BILLS AND preceding tax year to carry out the sim- States submitting sundry nominations JOINT RESOLUTIONS plification of applications for the estimation which were referred to the appropriate and determination of financial aid eligi- committees. The following bills and joint resolu- bility, to increase the income threshold to (The messages received today are tions were introduced, read the first qualify for zero expected family contribu- printed at the end of the Senate pro- and second times by unanimous con- tion, and for other purposes; to the Com- ceedings.) sent, and referred as indicated: mittee on Health, Education, Labor, and Pensions. f By Mr. KIRK: S. 1863. A bill to award a Congressional f MESSAGES FROM THE HOUSE Gold Medal to Timothy Nugent, in recogni- tion of his pioneering work on behalf of peo- SUBMISSION OF CONCURRENT AND ENROLLED BILL SIGNED ple with disabilities, including disabled vet- SENATE RESOLUTIONS At 5:42 p.m., a message from the erans; to the Committee on Banking, Hous- The following concurrent resolutions House of Representatives, delivered by ing, and Urban Affairs. Mr. Novotny, one of its reading clerks, By Mr. JOHNSON (for himself, Mr. and Senate resolutions were read, and announced that the Speaker signed the MCCAIN, and Mr. CORNYN): referred (or acted upon), as indicated: following enrolled bill: S. 1864. A bill to improve national security By Mr. KING (for himself, Ms. COLLINS, by developing metrics to measure the effec- Mr. WHITEHOUSE, Mrs. SHAHEEN, Mr. H.R. 1626. An act to reduce duplication of tiveness of security between ports of entry, REED, Ms. AYOTTE, and Mr. MURPHY): information technology at the Department at points of entry, and along the maritime S. Res. 230. A resolution designating Sep- of Homeland Security, and for other pur- border; to the Committee on Homeland Secu- tember 25, 2015, as ‘‘National Lobster Day’’; poses. rity and Governmental Affairs. to the Committee on the Judiciary. The enrolled bill was subsequently By Ms. KLOBUCHAR (for herself, Ms. By Mr. VITTER (for himself, Mr. CAS- signed by the President pro tempore AYOTTE, Mrs. CAPITO, and Ms. BALD- SIDY, Mr. MCCONNELL, Mr. REID, Mr. (Mr. HATCH). WIN): ALEXANDER, Ms. AYOTTE, Ms. BALD- S. 1865. A bill to amend the Public Health WIN, Mr. BARRASSO, Mr. BENNET, Mr. At 5:56 p.m., a message from the Service Act with respect to eating disorders, BLUMENTHAL, Mr. BLUNT, Mr. BOOK- House of Representatives, delivered by and for other purposes; to the Committee on ER, Mr. BOOZMAN, Mrs. BOXER, Mr. Mrs. Cole, one of its reading clerks, an- Health, Education, Labor, and Pensions. BROWN, Mr. BURR, Ms. CANTWELL, nounced that the House has passed the By Mr. VITTER (for himself and Mrs. Mrs. CAPITO, Mr. CARDIN, Mr. CAR- SHAHEEN): PER, Mr. CASEY, Mr. COATS, Mr. COCH- following bill, in which it requests the S. 1866. A bill to establish the veterans’ RAN, Ms. COLLINS, Mr. COONS, Mr. concurrence of the Senate: business outreach center program, to im- CORKER, Mr. CORNYN, Mr. COTTON, H.R. 1138. An act to establish certain wil- prove the programs for veterans of the Small Mr. CRAPO, Mr. CRUZ, Mr. DAINES, derness areas in central Idaho and to author- Business Administration, and for other pur- Mr. DONNELLY, Mr. DURBIN, Mr. ENZI, ize various land conveyances involving Na- poses; to the Committee on Small Business Mrs. ERNST, Mrs. FEINSTEIN, Mrs. tional Forest System land and Bureau of and Entrepreneurship. FISCHER, Mr. FLAKE, Mr. FRANKEN, Land Management land in central Idaho, and By Mr. SHELBY (for himself, Ms. MI- Mr. GARDNER, Mrs. GILLIBRAND, Mr. for other purposes. KULSKI, and Mr. KIRK): GRAHAM, Mr. GRASSLEY, Mr. HATCH, At 6:06 p.m., a message from the S. 1867. A bill to protect children from ex- Mr. HEINRICH, Ms. HEITKAMP, Mr. House of Representatives, delivered by ploitation by providing advance notice of in- HELLER, Ms. HIRONO, Mr. HOEVEN, Mr. tended travel by registered sex offenders out- INHOFE, Mr. ISAKSON, Mr. JOHNSON, Mr. Novotny, one of its reading clerks, side the United States to the government of Mr. KAINE, Mr. KING, Mr. KIRK, Ms. announced that the House agrees to the country of destination, requesting for- KLOBUCHAR, Mr. LANKFORD, Mr. the amendment of the Senate to the eign governments to notify the United LEAHY, Mr. LEE, Mr. MANCHIN, Mr. bill (H.R. 2499) to amend the Small States when a known sex offender is seeking MARKEY, Mr. MCCAIN, Mrs. MCCAS- Business Act to increase access to cap- to enter the United States, and for other pur- KILL, Mr. MENENDEZ, Mr. MERKLEY, ital for veteran entrepreneurs, to help poses; to the Committee on Foreign Rela- Ms. MIKULSKI, Mr. MORAN, Ms. MUR- create jobs, and for other purposes. tions. KOWSKI, Mr. MURPHY, Mrs. MURRAY, By Mr. CARPER: Mr. NELSON, Mr. PAUL, Mr. PERDUE, ENROLLED BILL SIGNED S. 1868. A bill to extend by 15 years the au- Mr. PETERS, Mr. PORTMAN, Mr. REED, At 7:11 p.m., a message from the thority of the Secretary of Commerce to con- Mr. RISCH, Mr. ROBERTS, Mr. ROUNDS, House of Representatives, delivered by duct the quarterly financial report program; Mr. RUBIO, Mr. SANDERS, Mr. SASSE, Mr. Novotny, one of its reading clerks, to the Committee on Homeland Security and Mr. SCHATZ, Mr. SCHUMER, Mr. SCOTT, announced that the Speaker has signed Governmental Affairs. Mr. SESSIONS, Mrs. SHAHEEN, Mr. the following enrolled bill: By Mr. CARPER (for himself and Mr. SHELBY, Ms. STABENOW, Mr. SUL- JOHNSON): LIVAN, Mr. TESTER, Mr. THUNE, Mr. H.R. 2499. An act to amend the Small Busi- S. 1869. A bill to improve federal network TILLIS, Mr. TOOMEY, Mr. UDALL, Mr. ness Act to increase access to capital for vet- security and authorize and enhance an exist- WARNER, Ms. WARREN, Mr. WHITE- eran entrepreneurs, to help create jobs, and ing intrusion detection and prevention sys- HOUSE, Mr. WICKER, and Mr. WYDEN): for other purposes. tem for civilian federal networks; to the S. Res. 231. A resolution honoring the The enrolled bill was subsequently Committee on Homeland Security and Gov- memory and legacy of the two Louisiana signed by the President pro tempore ernmental Affairs. citizens who lost their lives, recognizing the (Mr. HATCH). By Mr. MORAN (for himself and Mr. heroism of first responders and those on the TESTER): scene, and condemning the attack of July 23, f S. 1870. A bill to amend the Small Business 2015, in Lafayette, Louisiana; considered and REPORTS OF COMMITTEES Act to require the Administrator of the agreed to. Small Business Administration to carry out By Mr. BOOZMAN (for himself, Mr. The following reports of committees a pilot program on issuing grants to eligible ROBERTS, Mr. BROWN, Mr. TILLIS, Mr. were submitted: veterans to start or acquire qualifying busi- PERDUE, Mrs. CAPITO, Mr. WARNER, By Mr. JOHNSON, from the Committee on nesses, and for other purposes; to the Com- Mr. CARDIN, Mr. WICKER, Mr. ISAK- Homeland Security and Governmental Af- mittee on Small Business and Entrepreneur- SON, Mr. SESSIONS, Mr. INHOFE, Mr. fairs, without amendment: ship. MANCHIN, Mr. COCHRAN, Mr. S. 310. A bill to prohibit the use of Federal By Mr. KIRK (for himself and Mr. PORTMAN, Mr. COONS, Mr. CARPER, funds for the costs of painting portraits of RUBIO): and Mr. COTTON):

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.022 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5929 S. Res. 232. A resolution expressing the SCHATZ) was added as a cosponsor of S. GARDNER) was added as a cosponsor of sense of the Senate that August 30, 2015, be 491, a bill to lift the trade embargo on S. 628, a bill to amend the Public observed as ‘‘1890 Land-Grant Institutions Cuba. Health Service Act to provide for the Quasquicentennial Recognition Day’’; to the designation of maternity care health Committee on Agriculture, Nutrition, and S. 512 Forestry. At the request of Mr. HATCH, the professional shortage areas. S. 683 f names of the Senator from Washington (Mrs. MURRAY) and the Senator from At the request of Mr. BOOKER, the ADDITIONAL COSPONSORS Louisiana (Mr. VITTER) were added as name of the Senator from New York S. 31 cosponsors of S. 512, a bill to amend (Mr. SCHUMER) was added as a cospon- At the request of Ms. KLOBUCHAR, the title 18, United States Code, to safe- sor of S. 683, a bill to extend the prin- name of the Senator from Ohio (Mr. guard data stored abroad from im- ciple of federalism to State drug pol- BROWN) was added as a cosponsor of S. proper government access, and for icy, provide access to medical mari- 31, a bill to amend part D of title XVIII other purposes. juana, and enable research into the me- of the Social Security Act to require S. 564 dicinal properties of marijuana. the Secretary of Health and Human At the request of Mr. MORAN, the S. 689 Services to negotiate covered part D name of the Senator from Colorado At the request of Mr. THUNE, the drug prices on behalf of Medicare bene- (Mr. GARDNER) was added as a cospon- name of the Senator from Ohio (Mr. ficiaries. sor of S. 564, a bill to amend title 38, PORTMAN) was added as a cosponsor of S. 32 United States Code, to include licensed S. 689, a bill to provide protections for At the request of Mrs. FEINSTEIN, the hearing aid specialists as eligible for certain sports medicine professionals names of the Senator from Texas (Mr. appointment in the Veterans Health who provide certain medical services in CORNYN), the Senator from New York Administration of the Department of a secondary State. (Mr. SCHUMER) and the Senator from Veterans Affairs, and for other pur- S. 706 New Hampshire (Ms. AYOTTE) were poses. At the request of Mrs. BOXER, the added as cosponsors of S. 32, a bill to S. 571 name of the Senator from California provide the Department of Justice with At the request of Mr. INHOFE, the (Mrs. FEINSTEIN) was added as a co- additional tools to target name of the Senator from Ohio (Mr. sponsor of S. 706, a bill to amend the extraterritorial drug trafficking activ- PORTMAN) was added as a cosponsor of Higher Education Act of 1965 to require ity, and for other purposes. S. 571, a bill to amend the Pilot’s Bill institutions of higher education to S. 51 of Rights to facilitate appeals and to have an independent advocate for cam- At the request of Mr. VITTER, the apply to other certificates issued by pus sexual assault prevention and re- name of the Senator from Idaho (Mr. the Federal Aviation Administration, sponse. RISCH) was added as a cosponsor of S. to require the revision of the third S. 776 51, a bill to amend title X of the Public class medical certification regulations At the request of Mrs. SHAHEEN, the Health Service Act to prohibit family issued by the Federal Aviation Admin- names of the Senator from Massachu- planning grants from being awarded to istration, and for other purposes. setts (Ms. WARREN) and the Senator any entity that performs abortions, S. 578 from Wisconsin (Ms. BALDWIN) were and for other purposes. At the request of Ms. COLLINS, the added as cosponsors of S. 776, a bill to S. 235 name of the Senator from North Da- amend title XVIII of the Social Secu- At the request of Mr. WYDEN, the kota (Mr. HOEVEN) was added as a co- rity Act to improve access to medica- name of the Senator from Minnesota sponsor of S. 578, a bill to amend title tion therapy management under part D (Ms. KLOBUCHAR) was added as a co- XVIII of the Social Security Act to en- of the Medicare program. sponsor of S. 235, a bill to provide for sure more timely access to home S. 862 wildfire suppression operations, and for health services for Medicare bene- At the request of Ms. MIKULSKI, the other purposes. ficiaries under the Medicare program. name of the Senator from Massachu- S. 280 S. 598 setts (Mr. MARKEY) was added as a co- At the request of Mr. PORTMAN, the At the request of Mr. CARDIN, the sponsor of S. 862, a bill to amend the name of the Senator from Utah (Mr. name of the Senator from Michigan Fair Labor Standards Act of 1938 to HATCH) was added as a cosponsor of S. (Ms. STABENOW) was added as a cospon- provide more effective remedies to vic- 280, a bill to improve the efficiency, sor of S. 598, a bill to improve the un- tims of discrimination in the payment management, and interagency coordi- derstanding of, and promote access to of wages on the basis of sex, and for nation of the Federal permitting proc- treatment for, chronic kidney disease, other purposes. ess through reforms overseen by the and for other purposes. S. 898 Director of the Office of Management S. 609 At the request of Mr. KIRK, the name and Budget, and for other purposes. At the request of Mr. SCHUMER, the of the Senator from Connecticut (Mr. S. 314 name of the Senator from South Da- BLUMENTHAL) was added as a cosponsor At the request of Mr. GRASSLEY, the kota (Mr. ROUNDS) was added as a co- of S. 898, a bill to amend the Public name of the Senator from South Da- sponsor of S. 609, a bill to amend the Health Service Act to provide for the kota (Mr. ROUNDS) was added as a co- Internal Revenue Code of 1986 to extend participation of optometrists in the sponsor of S. 314, a bill to amend title and increase the exclusion for benefits National Health Service Corps scholar- XVIII of the Social Security Act to provided to volunteer firefighters and ship and loan repayment programs, and provide for coverage under the Medi- emergency medical responders. for other purposes. care program of pharmacist services. S. 624 S. 993 S. 330 At the request of Mr. BROWN, the At the request of Mr. FRANKEN, the At the request of Mr. HELLER, the name of the Senator from Michigan names of the Senator from Oregon (Mr. names of the Senator from Minnesota (Ms. STABENOW) was added as a cospon- WYDEN) and the Senator from New (Ms. KLOBUCHAR) and the Senator from sor of S. 624, a bill to amend title XVIII Mexico (Mr. HEINRICH) were added as California (Mrs. BOXER) were added as of the Social Security Act to waive co- cosponsors of S. 993, a bill to increase cosponsors of S. 330, a bill to amend the insurance under Medicare for public safety by facilitating collabora- Internal Revenue Code of 1986 to make colorectal cancer screening tests, re- tion among the criminal justice, juve- permanent the special rule for con- gardless of whether therapeutic inter- nile justice, veterans treatment serv- tributions of qualified conservation vention is required during the screen- ices, mental health treatment, and sub- contributions, and for other purposes. ing. stance abuse systems. S. 491 S. 628 S. 1020 At the request of Ms. KLOBUCHAR, the At the request of Mr. KIRK, the name At the request of Mr. CARDIN, the name of the Senator from Hawaii (Mr. of the Senator from Colorado (Mr. name of the Senator from Minnesota

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.028 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5930 CONGRESSIONAL RECORD — SENATE July 27, 2015 (Ms. KLOBUCHAR) was added as a co- (Mr. COONS) and the Senator from New ployer mandate applies under the Pa- sponsor of S. 1020, a bill to amend title Jersey (Mr. BOOKER) were added as co- tient Protection and Affordable Care XVIII of the Social Security Act to en- sponsors of S. 1792, a bill to amend the Act. sure the continued access of Medicare Internal Revenue Code of 1986 to equal- AMENDMENT NO. 2272 beneficiaries to diagnostic imaging ize the exclusion from gross income of At the request of Mr. TESTER, the services, and for other purposes. parking and transportation fringe ben- name of the Senator from Nebraska S. 1081 efits and to provide for a common cost- (Mrs. FISCHER) was added as a cospon- At the request of Mr. BOOKER, the of-living adjustment, and for other pur- sor of amendment No. 2272 intended to name of the Senator from Maryland poses. be proposed to H.R. 22, a bill to amend (Ms. MIKULSKI) was added as a cospon- S. 1836 the Internal Revenue Code of 1986 to sor of S. 1081, a bill to end the use of At the request of Mr. LANKFORD, the exempt employees with health cov- body-gripping traps in the National name of the Senator from Kansas (Mr. erage under TRICARE or the Veterans Wildlife Refuge System. MORAN) was added as a cosponsor of S. Administration from being taken into S. 1121 1836, a bill to provide for a moratorium account for purposes of determining At the request of Ms. AYOTTE, the on Federal funding to Planned Parent- the employers to which the employer name of the Senator from Massachu- hood Federation of America, Inc. mandate applies under the Patient Pro- setts (Ms. WARREN) was added as a co- S. 1842 tection and Affordable Care Act. sponsor of S. 1121, a bill to amend the At the request of Mr. SESSIONS, the AMENDMENT NO. 2289 Horse Protection Act to designate ad- name of the Senator from Arkansas At the request of Mr. BOOKER, the ditional unlawful acts under the Act, (Mr. BOOZMAN) was added as a cospon- names of the Senator from Michigan strengthen penalties for violations of sor of S. 1842, a bill to ensure State and (Mr. PETERS) and the Senator from Illi- the Act, improve Department of Agri- local compliance with all Federal im- nois (Mr. DURBIN) were added as co- culture enforcement of the Act, and for migration detainers on aliens in cus- sponsors of amendment No. 2289 in- other purposes. tody and for other purposes. tended to be proposed to H.R. 22, a bill S. 1214 S. 1857 to amend the Internal Revenue Code of At the request of Mr. MENENDEZ, the At the request of Mrs. FISCHER, the 1986 to exempt employees with health name of the Senator from Massachu- name of the Senator from New Hamp- coverage under TRICARE or the Vet- setts (Ms. WARREN) was added as a co- shire (Mrs. SHAHEEN) was added as a co- erans Administration from being taken sponsor of S. 1214, a bill to prevent sponsor of S. 1857, a bill to amend the into account for purposes of deter- human health threats posed by the Small Business Act to provide for ex- mining the employers to which the em- consumption of equines raised in the panded participation in the microloan ployer mandate applies under the Pa- United States. program, and for other purposes. tient Protection and Affordable Care S. 1461 S. 1861 Act. At the request of Mr. THUNE, the AMENDMENT NO. 2292 name of the Senator from South Da- At the request of Mr. PAUL, the names of the Senator from Louisiana kota (Mr. ROUNDS) was added as a co- At the request of Mr. CRUZ, the sponsor of S. 1461, a bill to provide for (Mr. CASSIDY) and the Senator from names of the Senator from Utah (Mr. the extension of the enforcement in- Kansas (Mr. MORAN) were added as co- LEE) and the Senator from Oklahoma struction on supervision requirements sponsors of S. 1861, a bill to prohibit (Mr. LANKFORD) were added as cospon- for outpatient therapeutic services in Federal funding of Planned Parenthood sors of amendment No. 2292 intended to critical access and small rural hos- Federation of America. be proposed to H.R. 22, a bill to amend pitals through 2015. S. RES. 222 the Internal Revenue Code of 1986 to exempt employees with health cov- S. 1498 At the request of Mr. LEAHY, the erage under TRICARE or the Veterans At the request of Mr. WYDEN, the name of the Senator from California names of the Senator from California (Mrs. BOXER) was added as a cosponsor Administration from being taken into account for purposes of determining (Mrs. FEINSTEIN) and the Senator from of S. Res. 222, a resolution expressing the employers to which the employer New Mexico (Mr. HEINRICH) were added the sense of the Senate that the Fed- as cosponsors of S. 1498, a bill to amend eration Internationale de Football As- mandate applies under the Patient Pro- title 10, United States Code, to require sociation should immediately elimi- tection and Affordable Care Act. that military working dogs be retired nate gender pay inequity and treat all AMENDMENT NO. 2336 in the United States, and for other pur- athletes with the same respect and dig- At the request of Mr. BLUMENTHAL, poses. nity. the name of the Senator from Florida S. 1512 S. RES. 226 (Mr. NELSON) was added as a cosponsor At the request of Mr. CASEY, the At the request of Mr. CRUZ, the name of amendment No. 2336 intended to be name of the Senator from Maryland of the Senator from New Jersey (Mr. proposed to H.R. 22, a bill to amend the (Ms. MIKULSKI) was added as a cospon- MENENDEZ) was added as a cosponsor of Internal Revenue Code of 1986 to ex- sor of S. 1512, a bill to eliminate dis- S. Res. 226, a resolution expressing the empt employees with health coverage crimination and promote women’s sense of the Senate that the street be- under TRICARE or the Veterans Ad- health and economic security by ensur- tween the intersections of 16th Street, ministration from being taken into ac- ing reasonable workplace accommoda- Northwest and Fuller Street, North- count for purposes of determining the tions for workers whose ability to per- west and 16th Street, Northwest and employers to which the employer man- form the functions of a job are limited Euclid Street, Northwest in Wash- date applies under the Patient Protec- by pregnancy, childbirth, or a related ington, District of Columbia, should be tion and Affordable Care Act. medical condition. designated as ‘‘Oswaldo Paya Way’’ . AMENDMENT NO. 2337 S. 1703 AMENDMENT NO. 2268 At the request of Mr. BLUMENTHAL, At the request of Mr. UDALL, the At the request of Mr. PAUL, the the name of the Senator from Florida name of the Senator from New York names of the Senator from Louisiana (Mr. NELSON) was added as a cosponsor (Mr. SCHUMER) was added as a cospon- (Mr. CASSIDY) and the Senator from of amendment No. 2337 intended to be sor of S. 1703, a bill to direct the Ad- Kansas (Mr. MORAN) were added as co- proposed to H.R. 22, a bill to amend the ministrator of the National Highway sponsors of amendment No. 2268 in- Internal Revenue Code of 1986 to ex- Traffic Safety Administration to carry tended to be proposed to H.R. 22, a bill empt employees with health coverage out a collaborative research effort to to amend the Internal Revenue Code of under TRICARE or the Veterans Ad- prevent drunk driving injuries and fa- 1986 to exempt employees with health ministration from being taken into ac- talities, and for other purposes. coverage under TRICARE or the Vet- count for purposes of determining the S. 1792 erans Administration from being taken employers to which the employer man- At the request of Mr. SCHUMER, the into account for purposes of deter- date applies under the Patient Protec- names of the Senator from Delaware mining the employers to which the em- tion and Affordable Care Act.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.024 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5931 AMENDMENT NO. 2353 (Mr. CARPER), the Senator from Massa- sor of amendment No. 2492 intended to At the request of Mr. MERKLEY, the chusetts (Mr. MARKEY) and the Senator be proposed to H.R. 22, a bill to amend name of the Senator from Massachu- from New Hampshire (Mrs. SHAHEEN) the Internal Revenue Code of 1986 to setts (Mr. MARKEY) was added as a co- were added as cosponsors of amend- exempt employees with health cov- sponsor of amendment No. 2353 in- ment No. 2406 intended to be proposed erage under TRICARE or the Veterans tended to be proposed to H.R. 22, a bill to H.R. 22, a bill to amend the Internal Administration from being taken into to amend the Internal Revenue Code of Revenue Code of 1986 to exempt em- account for purposes of determining 1986 to exempt employees with health ployees with health coverage under the employers to which the employer coverage under TRICARE or the Vet- TRICARE or the Veterans Administra- mandate applies under the Patient Pro- erans Administration from being taken tion from being taken into account for tection and Affordable Care Act. into account for purposes of deter- purposes of determining the employers AMENDMENT NO. 2495 mining the employers to which the em- to which the employer mandate applies At the request of Mr. MENENDEZ, the ployer mandate applies under the Pa- under the Patient Protection and Af- name of the Senator from New York tient Protection and Affordable Care fordable Care Act. (Mr. SCHUMER) was added as a cospon- Act. AMENDMENT NO. 2414 sor of amendment No. 2495 intended to AMENDMENT NO. 2362 At the request of Mr. REED, the name be proposed to H.R. 22, a bill to amend At the request of Ms. MURKOWSKI, the of the Senator from California (Mrs. the Internal Revenue Code of 1986 to name of the Senator from Alaska (Mr. FEINSTEIN) was added as a cosponsor of exempt employees with health cov- SULLIVAN) was added as a cosponsor of amendment No. 2414 intended to be pro- erage under TRICARE or the Veterans amendment No. 2362 intended to be pro- posed to H.R. 22, a bill to amend the In- Administration from being taken into posed to H.R. 22, a bill to amend the In- ternal Revenue Code of 1986 to exempt account for purposes of determining ternal Revenue Code of 1986 to exempt employees with health coverage under the employers to which the employer employees with health coverage under TRICARE or the Veterans Administra- mandate applies under the Patient Pro- TRICARE or the Veterans Administra- tion from being taken into account for tection and Affordable Care Act. tion from being taken into account for purposes of determining the employers AMENDMENT NO. 2496 purposes of determining the employers to which the employer mandate applies At the request of Mr. MENENDEZ, the to which the employer mandate applies under the Patient Protection and Af- name of the Senator from New York under the Patient Protection and Af- fordable Care Act. (Mr. SCHUMER) was added as a cospon- fordable Care Act. AMENDMENT NO. 2416 sor of amendment No. 2496 intended to AMENDMENT NO. 2363 At the request of Mrs. MURRAY, the be proposed to H.R. 22, a bill to amend At the request of Ms. MURKOWSKI, the names of the Senator from New Jersey the Internal Revenue Code of 1986 to name of the Senator from Washington (Mr. BOOKER), the Senator from Cali- exempt employees with health cov- (Ms. CANTWELL) was added as a cospon- fornia (Mrs. FEINSTEIN) and the Sen- erage under TRICARE or the Veterans sor of amendment No. 2363 intended to ator from New Hampshire (Mrs. SHA- Administration from being taken into be proposed to H.R. 22, a bill to amend HEEN) were added as cosponsors of account for purposes of determining the Internal Revenue Code of 1986 to amendment No. 2416 intended to be pro- the employers to which the employer exempt employees with health cov- posed to H.R. 22, a bill to amend the In- mandate applies under the Patient Pro- erage under TRICARE or the Veterans ternal Revenue Code of 1986 to exempt tection and Affordable Care Act. Administration from being taken into employees with health coverage under AMENDMENT NO. 2504 account for purposes of determining TRICARE or the Veterans Administra- At the request of Mr. BROWN, the the employers to which the employer tion from being taken into account for name of the Senator from Ohio (Mr. mandate applies under the Patient Pro- purposes of determining the employers PORTMAN) was added as a cosponsor of tection and Affordable Care Act. to which the employer mandate applies amendment No. 2504 intended to be pro- AMENDMENT NO. 2371 under the Patient Protection and Af- posed to H.R. 22, a bill to amend the In- At the request of Mr. HOEVEN, the fordable Care Act. ternal Revenue Code of 1986 to exempt names of the Senator from South Da- AMENDMENT NO. 2420 employees with health coverage under kota (Mr. ROUNDS), the Senator from At the request of Ms. CANTWELL, the TRICARE or the Veterans Administra- Washington (Mrs. MURRAY) and the name of the Senator from Alaska (Ms. tion from being taken into account for Senator from Wisconsin (Ms. BALDWIN) MURKOWSKI) was added as a cosponsor purposes of determining the employers were added as cosponsors of amend- of amendment No. 2420 intended to be to which the employer mandate applies ment No. 2371 intended to be proposed proposed to H.R. 22, a bill to amend the under the Patient Protection and Af- to H.R. 22, a bill to amend the Internal Internal Revenue Code of 1986 to ex- fordable Care Act. Revenue Code of 1986 to exempt em- empt employees with health coverage AMENDMENT NO. 2516 ployees with health coverage under under TRICARE or the Veterans Ad- At the request of Mr. DURBIN, the TRICARE or the Veterans Administra- ministration from being taken into ac- name of the Senator from Illinois (Mr. tion from being taken into account for count for purposes of determining the KIRK) was added as a cosponsor of purposes of determining the employers employers to which the employer man- amendment No. 2516 intended to be pro- to which the employer mandate applies date applies under the Patient Protec- posed to H.R. 22, a bill to amend the In- under the Patient Protection and Af- tion and Affordable Care Act. ternal Revenue Code of 1986 to exempt fordable Care Act. AMENDMENT NO. 2456 employees with health coverage under AMENDMENT NO. 2397 At the request of Mr. MORAN, the TRICARE or the Veterans Administra- At the request of Ms. HIRONO, the name of the Senator from Iowa (Mr. tion from being taken into account for name of the Senator from New Jersey GRASSLEY) was added as a cosponsor of purposes of determining the employers (Mr. MENENDEZ) was added as a cospon- amendment No. 2456 intended to be pro- to which the employer mandate applies sor of amendment No. 2397 intended to posed to H.R. 22, a bill to amend the In- under the Patient Protection and Af- be proposed to H.R. 22, a bill to amend ternal Revenue Code of 1986 to exempt fordable Care Act. the Internal Revenue Code of 1986 to employees with health coverage under AMENDMENT NO. 2518 exempt employees with health cov- TRICARE or the Veterans Administra- At the request of Mr. KIRK, the name erage under TRICARE or the Veterans tion from being taken into account for of the Senator from Illinois (Mr. DUR- Administration from being taken into purposes of determining the employers BIN) was added as a cosponsor of account for purposes of determining to which the employer mandate applies amendment No. 2518 intended to be pro- the employers to which the employer under the Patient Protection and Af- posed to H.R. 22, a bill to amend the In- mandate applies under the Patient Pro- fordable Care Act. ternal Revenue Code of 1986 to exempt tection and Affordable Care Act. AMENDMENT NO. 2492 employees with health coverage under AMENDMENT NO. 2406 At the request of Mr. MENENDEZ, the TRICARE or the Veterans Administra- At the request of Mr. LEAHY, the name of the Senator from New York tion from being taken into account for names of the Senator from Delaware (Mr. SCHUMER) was added as a cospon- purposes of determining the employers

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.025 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5932 CONGRESSIONAL RECORD — SENATE July 27, 2015 to which the employer mandate applies tant this law and Mr. Nugent’s actions Mr. BARRASSO, Mr. BENNET, Mr. under the Patient Protection and Af- are to the University of Illinois and the BLUMENTHAL, Mr. BLUNT, Mr. BOOKER, fordable Care Act. community of 50 million Americans Mr. BOOZMAN, Mrs. BOXER, Mr. BROWN, AMENDMENT NO. 2519 living with a disabilities. Laws like the Mr. BURR, Ms. CANTWELL, Mrs. CAPITO, At the request of Mr. KIRK, the name Americans with Disabilities Act allow Mr. CARDIN, Mr. CARPER, Mr. CASEY, of the Senator from Illinois (Mr. DUR- all Americans to live life on their own Mr. COATS, Mr. COCHRAN, Ms. COLLINS, terms, and Mr. Nugent’s work on be- BIN) was added as a cosponsor of Mr. COONS, Mr. CORKER, Mr. CORNYN, amendment No. 2519 intended to be pro- half of these individuals is well-deserv- Mr. COTTON, Mr. CRAPO, Mr. CRUZ, Mr. posed to H.R. 22, a bill to amend the In- ing of the Congressional Gold Medal. DAINES, Mr. DONNELLY, Mr. DURBIN, ternal Revenue Code of 1986 to exempt f employees with health coverage under Mr. ENZI, Mrs. ERNST, Mrs. FEINSTEIN, TRICARE or the Veterans Administra- SUBMITTED RESOLUTIONS Mrs. FISCHER, Mr. FLAKE, Mr. tion from being taken into account for FRANKEN, Mr. GARDNER, Mrs. GILLI- purposes of determining the employers BRAND, Mr. GRAHAM, Mr. GRASSLEY, SENATE RESOLUTION 230—DESIG- to which the employer mandate applies Mr. HATCH, Mr. HEINRICH, Ms. NATING SEPTEMBER 25, 2015, AS under the Patient Protection and Af- HEITKAMP, Mr. HELLER, Ms. HIRONO, ‘‘NATIONAL LOBSTER DAY’’ fordable Care Act. Mr. HOEVEN, Mr. INHOFE, Mr. ISAKSON, f Mr. KING (for himself, Ms. COLLINS, Mr. JOHNSON, Mr. KAINE, Mr. KING, Mr. Mr. WHITEHOUSE, Mrs. SHAHEEN, Mr. KIRK, Ms. KLOBUCHAR, Mr. LANKFORD, STATEMENTS ON INTRODUCED REED, Ms. AYOTTE, and Mr. MURPHY) BILLS AND JOINT RESOLUTIONS Mr. LEAHY, Mr. LEE, Mr. MANCHIN, Mr. submitted the following resolution; MARKEY, Mr. MCCAIN, Mrs. MCCASKILL, By Mr. KIRK: which was referred to the Committee Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- S. 1863. A bill to award a Congres- on the Judiciary: KULSKI, Mr. MORAN, Ms. MURKOWSKI, sional Gold Medal to Timothy Nugent, S. RES. 230 Mr. MURPHY, Mrs. MURRAY, Mr. NEL- in recognition of his pioneering work Whereas lobster from the United States is SON, Mr. PAUL, Mr. PERDUE, Mr. on behalf of people with disabilities, in- recognized around the world as a prized cul- cluding disabled veterans; to the Com- inary delicacy; PETERS, Mr. PORTMAN, Mr. REED, Mr. mittee on Banking, Housing, and Whereas lobster fishing has served as an RISCH, Mr. ROBERTS, Mr. ROUNDS, Mr. Urban Affairs. economic engine and a family tradition in RUBIO, Mr. SANDERS, Mr. SASSE, Mr. Mr. KIRK. Mr. President, today I the United States for centuries; SCHATZ, Mr. SCHUMER, Mr. SCOTT, Mr. wish to commemorate the 25th anni- Whereas thousands of families in the SESSIONS, Mrs. SHAHEEN, Mr. SHELBY, United States make their livelihoods from versary of the Americans with Disabil- Ms. STABENOW, Mr. SULLIVAN, Mr. ities Act, ADA, as well as Timothy lobster fishing and processing; Whereas more than 120,000,000 pounds of TESTER, Mr. THUNE, Mr. TILLIS, Mr. Nugent, who has spent the past 70 lobster are caught each year in waters of the TOOMEY, Mr. UDALL, Mr. WARNER, Ms. years as a relentless innovator and United States, representing one of the Na- WARREN, Mr. WHITEHOUSE, Mr. WICKER, tireless advocate for disabled people tion’s most valuable catches; and Mr. WYDEN) submitted the fol- across the country. Together with Con- Whereas the lobster industry is booming lowing resolution; which was consid- abroad, with profits climbing from gressman RODNEY DAVIS, I have intro- ered and agreed to: duced a bill that would award Mr. $335,800,000 in 2009 to $738,600,000 in 2014; Whereas historical lore notes that lobster Nugent with the Congressional Gold S. RES. 231 likely joined turkey on the table at the very Medal. Mr. Nugent and the ADA have Whereas on July 23, 2015, a gunman per- first Thanksgiving Day feast in 1621; petrated a horrific attack at the Grand The- helped millions of Americans live bet- Whereas responsible lobstering practices, atre 16 movie theatre in Lafayette, Lou- ter, more productive lives, improving beginning in the 1600s, have created one of isiana, killing two Louisiana citizens; the United States overall, and making the world’s most sustainable fisheries; Whereas Jillian Johnson, of Lafayette, us an example for the world to follow. Whereas Lobster Newburg was featured on Louisiana, a Lafayette businesswoman, mu- Timothy Nugent saw a need for serv- the menu at the inaugural dinner celebration sician, and wife, who served her community for President John F. Kennedy; ices and accommodations for disabled with kindness and grace, was killed; Whereas lobsters are one of the most servicemen when they came home from Whereas Mayci Breaux, of Franklin, Lou- healthy and nutritious sources of protein; the battlefields of World War II. Mr. isiana, a student preparing for a career as an Whereas the peak of the lobstering season ultrasound and radiology technician, who Nugent founded the first higher edu- in the United States occurs in the late sum- served her community with compassion and cational program for wounded and dis- mer; enthusiasm, was also killed; abled soldiers in the world, and he con- Whereas lobster has become a culinary Whereas nine Louisiana citizens were in- fronted the bias of the general public icon, with the lobster roll being featured at jured in the course of this senseless attack; by bringing students with disabilities the 2015 World Food Expo in Milan, Italy; Whereas the swift and courageous response and into the mainstream of college cam- by those in the theater and law enforcement Whereas lobster is featured on more and puses and societies. Because of Mr. officers and first responders prevented addi- more restaurant menus, growing by 35 per- Nugent’s leadership and commitment, tional loss of life; and cent from 2009 to 2013: Now, therefore, be it Whereas the people of the United States the University of Illinois built accom- Resolved, That the Senate— stand united with the community of Lafay- modations for the disabled veteran and (1) designates September 25, 2015, as ‘‘Na- ette and the families of the victims to sup- created a hospitable environment for tional Lobster Day’’; and port all those affected and pray for healing our Nation’s greatest heroes, providing (2) encourages the people of the United and peace: Now therefore, be it them the same educational opportuni- States to observe the day with appropriate ties as others. He also disproved many ceremonies and activities. Resolved, That the Senate— (1) condemns the attack of July 23, 2015, in in the medical community who be- f lieved that either rehabilitation and Lafayette, Louisiana; (2) honors the memory of the two Lou- sporting activities were harmful to in- SENATE RESOLUTION 231—HON- ORING THE MEMORY AND LEG- isiana citizens who lost their lives; dividuals with severe disabilities or (3) recognizes the skill and heroism of the that education was not necessary be- ACY OF THE TWO LOUISIANA CITIZENS WHO LOST THEIR law enforcement officers, members of the cause of the beliefs at the time was Armed Forces, and first responders who that the lifespan of persons with spinal LIVES, RECOGNIZING THE HER- came to the aid of others; cord injuries would be too short for OISM OF FIRST RESPONDERS (4) commends the efforts of those who are them to benefit from college degrees. AND THOSE ON THE SCENE, AND working to care for the injured and inves- Many of the architectural accessi- CONDEMNING THE ATTACK OF tigate this horrific incident; bility standards and laws of the United JULY 23, 2015, IN LAFAYETTE, (5) extends its heartfelt condolences and LOUISIANA prayers to the families of the victims, and to States, including the welcoming Amer- all those affected in the community of La- icans with Disabilities Act, trace back Mr. VITTER (for himself, Mr. CAS- fayette and in the United States; and directly to innovations created by SIDY, Mr. MCCONNELL, Mr. REID, Mr. (6) pledges to continue to work together to Nugent. I know firsthand how impor- ALEXANDER, Ms. AYOTTE, Ms. BALDWIN, prevent future attacks.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.025 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5933 SENATE RESOLUTION 232—EX- SA 2529. Mr. JOHNSON submitted an (C) 5,000,000 barrels of crude oil during fis- PRESSING THE SENSE OF THE amendment intended to be proposed to cal year 2019; SENATE THAT AUGUST 30, 2015, amendment SA 2266 proposed by Mr. MCCON- (D) 8,000,000 barrels of crude oil during fis- BE OBSERVED AS ‘‘1890 LAND- NELL to the bill H.R. 22, supra; which was or- cal year 2020; dered to lie on the table. (E) 8,000,000 barrels of crude oil during fis- GRANT INSTITUTIONS SA 2530. Mr. JOHNSON submitted an cal year 2021; QUASQUICENTENNIAL RECOGNI- amendment intended to be proposed by him (F) 10,000,000 barrels of crude oil during fis- TION DAY’’ to the bill H.R. 22, supra; which was ordered cal year 2022; Mr. BOOZMAN (for himself, Mr. ROB- to lie on the table. (G) 16,000,000 barrels of crude oil during fis- ERTS, Mr. BROWN, Mr. TILLIS, Mr. SA 2531. Mr. JOHNSON submitted an cal year 2023; amendment intended to be proposed by him PERDUE, Mrs. CAPITO, Mr. WARNER, Mr. (H) 25,000,000 barrels of crude oil during fis- to the bill H.R. 22, supra; which was ordered cal year 2024; and CARDIN, Mr. WICKER, Mr. ISAKSON, Mr. to lie on the table. (I) 25,000,000 barrels of crude oil during fis- SESSIONS, Mr. INHOFE, Mr. MANCHIN, SA 2532. Mr. INHOFE submitted an amend- cal year 2025. Mr. COCHRAN, Mr. PORTMAN, Mr. COONS, ment intended to be proposed to amendment (2) DEPOSIT OF AMOUNTS RECEIVED FROM Mr. CARPER, and Mr. COTTON) sub- SA 2527 submitted by Mr. INHOFE and in- SALE.—Amounts received from a sale under mitted the following resolution; which tended to be proposed to the amendment SA paragraph (1) shall be deposited in the gen- was referred to the Committee on Agri- 2266 proposed by Mr. MCCONNELL to the bill eral fund of the Treasury during the fiscal culture, Nutrition, and Forestry: H.R. 22, supra; which was ordered to lie on year in which the sale occurs. S. RES. 232 the table. (b) EMERGENCY PROTECTION.—In any 1 fis- SA 2533. Mr. INHOFE submitted an amend- cal year described in subsection (a)(1), the Whereas the Act of August 30, 1890 (7 U.S.C. ment intended to be proposed to amendment Secretary of Energy shall not drawdown and 321 et seq.), popularly known as the ‘‘Second SA 2421 proposed by Mr. MCCONNELL to the sell crude oil under this section in quantities Morrill Act’’, led to the creation of 19 his- amendment SA 2266 proposed by Mr. MCCON- that would result in a Strategic Petroleum torically black Federal land-grant edu- NELL to the bill H.R. 22, supra. Reserve that contains an inventory of petro- cational institutions; SA 2534. Mr. KIRK (for himself, Mr. GRA- leum products representing fewer than 90 Whereas the 19 historically black 1890 land- HAM, Mr. BLUNT, Ms. AYOTTE, Ms. HEITKAMP, days of emergency reserves, based on the av- grant universities are identified as Lincoln Mr. MANCHIN, Mr. DONNELLY, Mr. WARNER, erage daily level of net imports of crude oil University, Alcorn State University, the Ms. CANTWELL, Ms. KLOBUCHAR, and Mr. and petroleum products in the calendar year University of Arkansas at Pine Bluff, Ala- CASEY) submitted an amendment intended to preceding that fiscal year. bama A&M University, Prairie View A&T be proposed to amendment SA 2421 proposed (c) INCREASE; LIMITATION.— University, Southern University, Virginia by Mr. MCCONNELL to the amendment SA (1) INCREASE.—The Secretary of Energy State University, Kentucky State Univer- 2266 proposed by Mr. MCCONNELL to the bill may increase the drawdown and sales under sity, the University of Maryland-Eastern H.R. 22, supra; which was ordered to lie on subparagraphs (A) through (I) of subsection Shore, Florida A&M University, Delaware the table. (a)(1) as the Secretary of Energy determines State University, North Carolina A&T Uni- SA 2535. Mrs. FISCHER submitted an to be appropriate to maximize the financial versity, Fort Valley State University, South amendment intended to be proposed to return to United States taxpayers. Carolina State University, Langston Univer- (2) LIMITATION.—The Secretary of Energy sity, Tennessee State University, Tuskegee amendment SA 2272 submitted by Mr. shall not drawdown or conduct sales of crude University, Central State University, and TESTER and intended to be proposed to the oil under this section after the date on which West Virginia State University; bill H.R. 22, supra; which was ordered to lie a total of $9,050,000,000 has been deposited in Whereas the Act of May 8, 1914 (7 U.S.C. on the table. SA 2536. Mr. MCCONNELL submitted an the general fund of the Treasury from sales 341), popularly known as the ‘‘Smith-Lever amendment intended to be proposed by him authorized under this section. Act’’, provided for the establishment of the to the bill H.R. 22, supra; which was ordered Cooperative Extension Service within the to lie on the table. SA 2529. Mr. JOHNSON submitted an Department of Agriculture for the dissemi- SA 2537. Mr. MENENDEZ submitted an nation, through Federal land-grant institu- amendment intended to be proposed to amendment intended to be proposed by him tions, of information pertaining to agri- amendment SA 2266 proposed by Mr. to the bill H.R. 22, supra; which was ordered culture and home economics; and MCCONNELL to the bill H.R. 22, to to lie on the table. Whereas appropriate recognition should be amend the Internal Revenue Code of given to the contributions made by the 19 f 1986 to exempt employees with health historically black Federal land-grant insti- TEXT OF AMENDMENTS coverage under TRICARE or the Vet- tutions to the heritage, educational develop- erans Administration from being taken Mr. CASSIDY (for himself ment, and agricultural strength of the SA 2528. into account for purposes of deter- United States: Now, therefore, be it and Mr. MARKEY) submitted an amend- mining the employers to which the em- Resolved, That it is the sense of the Senate ment intended to be proposed to ployer mandate applies under the Pa- that— amendment SA 2266 proposed by Mr. (1) August 30, 2015, should be designated as tient Protection and Affordable Care MCCONNELL to the bill H.R. 22, to ‘‘1890 Land-Grant Institutions Act; which was ordered to lie on the amend the Internal Revenue Code of Quasquicentennial Recognition Day’’; table; as follows: 1986 to exempt employees with health (2) such day should be observed with appro- At the appropriate place, insert the fol- priate ceremonies and activities to recognize coverage under TRICARE or the Vet- lowing: the collective contributions that these insti- erans Administration from being taken SEC. lll. CLEARING TRAINS FROM GRADE tutions have made to the United States; into account for purposes of deter- CROSSINGS. (3) the Second Morrill Act and the Smith- mining the employers to which the em- (a) SHORT TITLE.—This section may be Lever Act have helped the United States de- ployer mandate applies under the Pa- cited as the ‘‘Moving Obstructed Trains In- velop agricultural leaders; and tient Protection and Affordable Care between Openings Now (MOTION) Act’’. (4) the Department of Agriculture and the Act; which was ordered to lie on the (b) GRADE CROSSING EXCEPTION.— National Institute of Food and Agriculture (1) AMENDMENT.—Chapter 211 of title 49, should remain committed to supporting the table; as follows: United States Code, is amended by adding at goals of the Second Morrill Act and the Strike section 52204 and insert the fol- the end the following: Smith-Lever Act. lowing: ‘‘§ 21110. Grade crossing exception. f SEC. 52204. STRATEGIC PETROLEUM RESERVE ‘‘Employees may be allowed to remain or DRAWDOWN AND SALE. go on duty for a period in excess of the limi- AMENDMENTS SUBMITTED AND (a) DRAWDOWN AND SALE.— PROPOSED tations established under this chapter to the (1) IN GENERAL.—Notwithstanding section extent necessary to clear a blockage of ve- SA 2528. Mr. CASSIDY (for himself and Mr. 161 of the Energy Policy and Conservation hicular traffic at a grade crossing.’’. Act (42 U.S.C. 6241), except as provided in MARKEY) submitted an amendment intended (2) TABLE OF SECTIONS.—The table of sec- to be proposed to amendment SA 2266 pro- subsections (b) and (c), the Secretary of En- tions for chapter 211 of such title is amended posed by Mr. MCCONNELL to the bill H.R. 22, ergy shall drawdown and sell from the Stra- by adding at the end the following: tegic Petroleum Reserve— to amend the Internal Revenue Code of 1986 ‘‘21110. Grade crossing exception.’’. to exempt employees with health coverage (A) the quantity of barrels of crude oil that the Secretary of Energy determines to be ap- under TRICARE or the Veterans Administra- SA 2530. Mr. JOHNSON submitted an tion from being taken into account for pur- propriate to maximize the financial return poses of determining the employers to which to United States taxpayers for each of fiscal amendment intended to be proposed by the employer mandate applies under the Pa- years 2016 and 2017; him to the bill H.R. 22, to amend the tient Protection and Affordable Care Act; (B) 4,000,000 barrels of crude oil during fis- Internal Revenue Code of 1986 to ex- which was ordered to lie on the table. cal year 2018; empt employees with health coverage

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.032 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5934 CONGRESSIONAL RECORD — SENATE July 27, 2015 under TRICARE or the Veterans Ad- neers or State transportation department of- (iv) $495,000,000 for fiscal year 2019; ministration from being taken into ac- ficials. (v) $505,000,000 for fiscal year 2020; and count for purposes of determining the (vi) $515,000,000 for fiscal year 2021. SA 2532. Mr. INHOFE submitted an employers to which the employer man- (B) FEDERAL LANDS TRANSPORTATION PRO- amendment intended to be proposed to GRAM.— date applies under the Patient Protec- amendment SA 2527 submitted by Mr. (i) AUTHORIZATION.—For the Federal lands tion and Affordable Care Act; which INHOFE and intended to be proposed to transportation program under section 203 of was ordered to lie on the table; as fol- the amendment SA 2266 proposed by title 23, United States Code— lows: Mr. MCCONNELL to the bill H.R. 22, to (I) $305,000,000 for fiscal year 2016; At the appropriate place, insert the fol- amend the Internal Revenue Code of (II) $310,000,000 for fiscal year 2017; (III) $315,000,000 for fiscal year 2018; lowing: 1986 to exempt employees with health SEC. lll. EXEMPTION FOR LOGGING VEHICLES (IV) $320,000,000 for fiscal year 2019; IN WISCONSIN. coverage under TRICARE or the Vet- (V) $325,000,000 for fiscal year 2020; and Section 127 of title 23, United States Code erans Administration from being taken (VI) $330,000,000 for fiscal year 2021. (as amended by section 11203), is amended by into account for purposes of deter- (ii) SPECIAL RULE.— adding at the end the following: mining the employers to which the em- (I) $240,000,000 of the amount made avail- ‘‘(n) LOGGING VEHICLES IN WISCONSIN.—No ployer mandate applies under the Pa- able for each fiscal year shall be the amount limit or other prohibition under this section, tient Protection and Affordable Care for the National Park Service; and except the limit described in this subsection, Act; which was ordered to lie on the (II) $30,000,000 of the amount made avail- shall apply to a vehicle with a gross weight table; as follows: able for each fiscal year shall be the amount of 98,000 pounds or less if the vehicle is— for the United States Fish and Wildlife Serv- ‘‘(1) transporting raw or unfinished forest One line 2, strike ‘‘$439,999,999’’ and insert ice. product; and ‘‘$439,999,998’’. (C) FEDERAL LANDS ACCESS PROGRAM.—For ‘‘(2) operating on Interstate Route 39 in Mr. INHOFE submitted an the Federal lands access program under sec- Wisconsin from mile marker 175.8 to mile SA 2533. tion 204 of title 23, United States Code— marker 189.’’. amendment intended to be proposed to (i) $250,000,000 for fiscal year 2016; amendment SA 2421 proposed by Mr. (ii) $255,000,000 for fiscal year 2017; SA 2531. Mr. JOHNSON submitted an MCCONNELL to the amendment SA 2266 (iii) $260,000,000 for fiscal year 2018; amendment intended to be proposed by proposed by Mr. MCCONNELL to the bill (iv) $265,000,000 for fiscal year 2019; him to the bill H.R. 22, to amend the H.R. 22, to amend the Internal Revenue (v) $270,000,000 for fiscal year 2020; and Internal Revenue Code of 1986 to ex- Code of 1986 to exempt employees with (vi) $275,000,000 for fiscal year 2021. empt employees with health coverage health coverage under TRICARE or the (4) TERRITORIAL AND PUERTO RICO HIGHWAY under TRICARE or the Veterans Ad- Veterans Administration from being PROGRAM.—For the territorial and Puerto taken into account for purposes of de- Rico highway program under section 165 of ministration from being taken into ac- title 23, United States Code, $190,000,000 for count for purposes of determining the termining the employers to which the each of fiscal years 2016 through 2021. employers to which the employer man- employer mandate applies under the (5) ASSISTANCE FOR MAJOR PROJECTS PRO- date applies under the Patient Protec- Patient Protection and Affordable Care GRAM.—For the assistance for major projects tion and Affordable Care Act; which Act; as follows: program under section 171 of title 23, United was ordered to lie on the table; as fol- In lieu of the matter proposed to be in- States Code— lows: serted, insert the following: (A) $250,000,000 for fiscal year 2016; (B) $300,000,000 for fiscal year 2017; At the appropriate place, insert the fol- DIVISION A—FEDERAL-AID HIGHWAYS (C) $350,000,000 for fiscal year 2018; lowing: AND HIGHWAY SAFETY CONSTRUCTION PROGRAMS (D) $400,000,000 for fiscal year 2019; SEC. lll. MOTORCYCLIST ADVISORY COUNCIL. (E) $400,000,000 for fiscal year 2020; and TITLE I—FEDERAL-AID HIGHWAYS (a) IN GENERAL.—The Secretary, acting (F) $400,000,000 for fiscal year 2021. through the Administrator of the Federal Subtitle A—Authorizations and Programs (b) RESEARCH, TECHNOLOGY, AND EDUCATION Highway Administration, in consultation SEC. 11001. AUTHORIZATION OF APPROPRIA- with the Committee on Transportation and TIONS. AUTHORIZATIONS.— Infrastructure of the House of Representa- (a) IN GENERAL.—The following sums are (1) IN GENERAL.—The following sums are tives and the Committee on Environment authorized to be appropriated out of the authorized to be appropriated out of the and Public Works of the Senate, shall ap- Highway Trust Fund (other than the Mass Highway Trust Fund (other than the Mass point a Motorcyclist Advisory Council to co- Transit Account): Transit Account): ordinate with and advise the Administrator (1) FEDERAL-AID HIGHWAY PROGRAM.—For (A) HIGHWAY RESEARCH AND DEVELOPMENT on infrastructure issues of concern to motor- the national highway performance program PROGRAM.—To carry out the highway re- cyclists, including— under section 119 of title 23, United States search and development program under sec- (1) barrier design; Code, the surface transportation program tion 503(b) of title 23, United States Code, (2) road design, construction, and mainte- under section 133 of that title, the highway $130,000,000 for each of fiscal years 2016 nance practices; and safety improvement program under section through 2021. (3) the architecture and implementation of 148 of that title, the congestion mitigation (B) TECHNOLOGY AND INNOVATION DEPLOY- intelligent transportation system tech- and air quality improvement program under MENT PROGRAM.—To carry out the tech- nologies. section 149 of that title, the national freight nology and innovation deployment program (b) COMPOSITION.—The Council shall con- program under section 167 of that title, the under section 503(c) of title 23, United States sist of not more than 10 members of the transportation alternatives program under Code, $62,500,000 for each of fiscal years 2016 motorcycling community with professional section 213 of that title, and to carry out sec- through 2021. expertise in national motorcyclist safety ad- tion 134 of that title— (C) TRAINING AND EDUCATION.—To carry out vocacy, including— (A) $39,579,500,000 for fiscal year 2016; training and education under section 504 of (1) at least— (B) $40,771,300,000 for fiscal year 2017; title 23, United States Code, $24,000,000 for (A) 1 member recommended by a national (C) $42,127,100,000 for fiscal year 2018; each of fiscal years 2016 through 2021. motorcyclist association; (D) $43,476,400,000 for fiscal year 2019; (D) INTELLIGENT TRANSPORTATION SYSTEMS (B) 1 member recommended by a national (E) $44,570,700,000 for fiscal year 2020; and PROGRAM.—To carry out the intelligent motorcycle riders foundation; (F) $45,691,900,000 for fiscal year 2021. transportation systems program under sec- (C) 1 representative of the National Asso- (2) TRANSPORTATION INFRASTRUCTURE FI- tions 512 through 518 of title 23, United ciation of State Motorcycle Safety Adminis- NANCE AND INNOVATION PROGRAM.—For credit States Code, $100,000,000 for each of fiscal trators; assistance under the transportation infra- years 2016 through 2021. (D) 2 members of State motorcyclists’ or- structure finance and innovation program (E) UNIVERSITY TRANSPORTATION CENTERS ganizations; under chapter 6 of title 23, United States PROGRAM.—To carry out the university (E) 1 member recommended by a national Code, $300,000,000 for each of fiscal years 2016 transportation centers program under sec- organization that represents the builders of through 2021. tion 5505 of title 49, United States Code, highway infrastructure; (3) FEDERAL LANDS AND TRIBAL TRANSPOR- $72,500,000 for each of fiscal years 2016 (F) 1 member recommended by a national TATION PROGRAMS.— through 2021. association that represents the traffic safety (A) TRIBAL TRANSPORTATION PROGRAM.—For (2) BUREAU OF TRANSPORTATION STATIS- systems industry; and the tribal transportation program under sec- TICS.—There are authorized to be appro- (G) 1 member of a national safety organiza- tion 202 of title 23, United States Code— priated out of the general fund of the Treas- tion; and (i) $465,000,000 for fiscal year 2016; ury to carry out chapter 63 of title 49, United (2) at least 1, and not more than 2, motor- (ii) $475,000,000 for fiscal year 2017; States Code, $26,000,000 for each of fiscal cyclists who are traffic system design engi- (iii) $485,000,000 for fiscal year 2018; years 2016 through 2021.

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(3) ADMINISTRATION.—The Federal Highway Code, shall be expended through small busi- (4) subsections (b) and (j) of section 131 of Administration shall administer the pro- ness concerns owned and controlled by so- the Surface Transportation Assistance Act grams described in subparagraphs (D) and (E) cially and economically disadvantaged indi- of 1982 (96 Stat. 2119); of paragraph (1). viduals. (5) subsections (b) and (c) of section 149 of (4) APPLICABILITY OF TITLE 23, UNITED (4) ANNUAL LISTING OF DISADVANTAGED BUSI- the Surface Transportation and Uniform Re- STATES CODE.—Funds authorized to be appro- NESS ENTERPRISES.—Each State shall annu- location Assistance Act of 1987 (101 Stat. 198); priated by paragraph (1) shall— ally— (6) sections 1103 through 1108 of the Inter- (A) be available for obligation in the same (A) survey and compile a list of the small modal Surface Transportation Efficiency Act manner as if those funds were apportioned business concerns referred to in paragraph of 1991 (105 Stat. 2027); under chapter 1 of title 23, United States (2) in the State, including the location of the (7) section 157 of title 23, United States Code; small business concerns in the State; and Code (as in effect on June 8, 1998); (B) remain available until expended; and (B) notify the Secretary, in writing, of the (8) section 105 of title 23, United States (C) not be transferable. percentage of the small business concerns Code (as in effect for fiscal years 1998 (c) DISADVANTAGED BUSINESS ENTER- that are controlled by— through 2004, but only in an amount equal to PRISES.— (i) women; $639,000,000 for each of those fiscal years); (1) FINDINGS.—Congress finds that— (ii) socially and economically disadvan- (9) section 105 of title 23, United States (A) while significant progress has occurred taged individuals (other than women); and Code (as in effect for fiscal years 2005 due to the establishment of the disadvan- (iii) individuals who are women and are through 2012, but only in an amount equal to taged business enterprise program, discrimi- otherwise socially and economically dis- $639,000,000 for each of those fiscal years); nation and related barriers continue to pose advantaged individuals. (10) Federal-aid highway programs for significant obstacles for minority- and (5) UNIFORM CERTIFICATION.— which obligation authority was made avail- women-owned businesses seeking to do busi- (A) IN GENERAL.—The Secretary shall es- able under the Transportation Equity Act ness in federally assisted surface transpor- tablish minimum uniform criteria for use by for the 21st Century (112 Stat. 107) or subse- tation markets across the United States; State governments in certifying whether a quent Acts for multiple years or to remain (B) the continuing barriers described in concern qualifies as a small business concern available until expended, but only to the ex- subparagraph (A) merit the continuation of for the purpose of this subsection. tent that the obligation authority has not the disadvantaged business enterprise pro- (B) INCLUSIONS.—The minimum uniform lapsed or been used; gram; criteria established under subparagraph (A) (11) section 1603 of SAFETEA–LU (23 U.S.C. (C) Congress has received and reviewed tes- shall include, with respect to a potential 118 note; 119 Stat. 1248), to the extent that timony and documentation of race and gen- small business concern— funds obligated in accordance with that sec- der discrimination from numerous sources, (i) on-site visits; tion were not subject to a limitation on obli- including congressional hearings and (ii) personal interviews with personnel; gations at the time at which the funds were roundtables, scientific reports, reports issued (iii) issuance or inspection of licenses; initially made available for obligation; by public and private agencies, news stories, (iv) analyses of stock ownership; (12) section 119 of title 23, United States reports of discrimination by organizations (v) listings of equipment; Code (as in effect for fiscal years 2013 and individuals, and discrimination lawsuits, (vi) analyses of bonding capacity; through 2015, but only in an amount equal to which show that race- and gender-neutral ef- $639,000,000 for each of those fiscal years); (vii) listings of work completed; forts alone are insufficient to address the and (viii) examination of the resumes of prin- problem; (13) section 119 of title 23, United States cipal owners; (D) the testimony and documentation de- Code (but, for each of fiscal years 2016 (ix) analyses of financial capacity; and scribed in subparagraph (C) demonstrate through 2021, only in an amount equal to (x) analyses of the type of work preferred. that discrimination across the United States $639,000,000 for each of those fiscal years). (6) REPORTING.—The Secretary shall estab- poses a barrier to full and fair participation (c) DISTRIBUTION OF OBLIGATION AUTHOR- in surface transportation-related businesses lish minimum requirements for use by State ITY.—For each of fiscal years 2016 through of women business owners and minority busi- governments in reporting to the Secretary— 2021, the Secretary shall— ness owners and has impacted firm develop- (A) information concerning disadvantaged (1) not distribute obligation authority pro- ment and many aspects of surface transpor- business enterprise awards, commitments, vided by subsection (a) for the fiscal year tation-related business in the public and pri- and achievements; and for— vate markets; and (B) such other information as the Sec- (A) amounts authorized for administrative (E) the testimony and documentation de- retary determines to be appropriate for the expenses and programs by section 104(a) of scribed in subparagraph (C) provide a strong proper monitoring of the disadvantaged busi- title 23, United States Code; and basis that there is a compelling need for the ness enterprise program. (B) amounts authorized for the Bureau of continuation of the disadvantaged business (7) COMPLIANCE WITH COURT ORDERS.—Noth- Transportation Statistics; enterprise program to address race and gen- ing in this subsection limits the eligibility of (2) not distribute an amount of obligation der discrimination in surface transportation- an individual or entity to receive funds made authority provided by subsection (a) that is related business. available under divisions A and B of this Act equal to the unobligated balance of (2) DEFINITIONS.—In this subsection, the and section 403 of title 23, United States amounts— following definitions apply: Code, if the individual or entity is prevented, (A) made available from the Highway (A) SMALL BUSINESS CONCERN.— in whole or in part, from complying with Trust Fund (other than the Mass Transit Ac- (i) IN GENERAL.—The term ‘‘small business paragraph (2) because a Federal court issues count) for Federal-aid highway and highway concern’’ means a small business concern (as a final order in which the court finds that a safety construction programs for previous the term is used in section 3 of the Small requirement or the implementation of para- fiscal years the funds for which are allocated Business Act (15 U.S.C. 632)). graph (2) is unconstitutional. by the Secretary (or apportioned by the Sec- (ii) EXCLUSIONS.—The term ‘‘small business (d) CONFORMING AMENDMENT.—Section retary under section 202 or 204 of title 23, concern’’ does not include any concern or 1101(b) of MAP–21 (Public Law 112–141; 126 United States Code); and group of concerns controlled by the same so- Stat. 414) is repealed. (B) for which obligation authority was pro- cially and economically disadvantaged indi- SEC. 11002. OBLIGATION CEILING. vided in a previous fiscal year; vidual or individuals that have average an- (a) GENERAL LIMITATION.—Subject to sub- (3) determine the proportion that— nual gross receipts during the preceding 3 section (e), and notwithstanding any other (A) an amount equal to the difference be- fiscal years in excess of $23,980,000, as ad- provision of law, the obligations for Federal- tween— justed annually by the Secretary for infla- aid highway and highway safety construc- (i) the obligation authority provided by tion. tion programs shall not exceed— subsection (a) for the fiscal year; and (B) SOCIALLY AND ECONOMICALLY DISADVAN- (1) $41,625,500,000 for fiscal year 2016; (ii) the aggregate amount not distributed TAGED INDIVIDUALS.—The term ‘‘socially and (2) $42,896,300,000 for fiscal year 2017; under paragraphs (1) and (2); bears to economically disadvantaged individuals’’ has (3) $44,331,100,000 for fiscal year 2018; (B) an amount equal to the difference be- the meaning given the term in section 8(d) of (4) $45,759,400,000 for fiscal year 2019; tween— the Small Business Act (15 U.S.C. 637(d)) and (5) $46,882,700,000 for fiscal year 2020; and (i) the total of the sums authorized to be relevant subcontracting regulations issued (6) $48,032,900,000 for fiscal year 2021. appropriated for the Federal-aid highway pursuant to that Act, except that women (b) EXCEPTIONS.—The limitations under and highway safety construction programs shall be presumed to be socially and eco- subsection (a) shall not apply to obligations (other than sums authorized to be appro- nomically disadvantaged individuals for pur- under or for— priated for provisions of law described in poses of this subsection. (1) section 125 of title 23, United States paragraphs (1) through (12) of subsection (b) (3) AMOUNTS FOR SMALL BUSINESS CON- Code; and sums authorized to be appropriated for CERNS.—Except to the extent that the Sec- (2) section 147 of the Surface Transpor- section 119 of title 23, United States Code, retary determines otherwise, not less than 10 tation Assistance Act of 1978 (23 U.S.C. 144 equal to the amount referred to in sub- percent of the amounts made available for note; 92 Stat. 2714); section (b)(13) for the fiscal year); and any program under divisions A and B of this (3) section 9 of the Federal-Aid Highway (ii) the aggregate amount not distributed Act and section 403 of title 23, United States Act of 1981 (95 Stat. 1701); under paragraphs (1) and (2);

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5936 CONGRESSIONAL RECORD — SENATE July 27, 2015 (4) distribute the obligation authority pro- available for obligation, for the fiscal year grams referred to in section 105(a)(2), except vided by subsection (a), less the aggregate because of the imposition of any obligation for the high priority projects program re- amount not distributed under paragraphs (1) limitation for the fiscal year. ferred to in section 105(a)(2)(H) (as in effect and (2), for each of the programs (other than (2) RATIO.—Funds shall be distributed on the day before the date of enactment of programs to which paragraph (1) applies) under paragraph (1) in the same proportion MAP–21 (Public Law 112–141; 126 Stat. 405).’’; that are allocated by the Secretary under as the distribution of obligation authority and this Act and title 23, United States Code, or under subsection (c)(5). (I) in paragraph (6) (as redesignated by sub- apportioned by the Secretary under section (3) AVAILABILITY.—Funds distributed to paragraph (G)), in the matter preceding sub- 202 or 204 of that title, by multiplying— each State under paragraph (1) shall be paragraph (A), by striking ‘‘determined for (A) the proportion determined under para- available for any purpose described in sec- the State under subsection (c)’’ and inserting graph (3); by tion 133(b) of title 23, United States Code. ‘‘remaining under subsection (c) after mak- (B) the amounts authorized to be appro- SEC. 11003. APPORTIONMENT. ing the set-asides in accordance with para- priated for each such program for the fiscal (a) IN GENERAL.—Section 104 of title 23, graph (5) and section 213(a)’’; and year; and United States Code, is amended— (3) in subsection (c) by adding at the end (5) distribute the obligation authority pro- (1) in subsection (a)(1) by striking subpara- the following: vided by subsection (a), less the aggregate graphs (A) and (B) and inserting the fol- ‘‘(3) FOR FISCAL YEARS 2016 THROUGH 2021.— amount not distributed under paragraphs (1) lowing: ‘‘(A) STATE SHARE.—For each of fiscal and (2) and the amounts distributed under ‘‘(A) $456,000,000 for fiscal year 2016; years 2016 through 2021, the amount for each paragraph (4), for Federal-aid highway and ‘‘(B) $465,000,000 for fiscal year 2017; State of combined apportionments for the highway safety construction programs that ‘‘(C) $474,000,000 for fiscal year 2018; national highway performance program are apportioned by the Secretary under title ‘‘(D) $483,000,000 for fiscal year 2019; under section 119, the surface transportation 23, United States Code, (other than the ‘‘(E) $492,000,000 for fiscal year 2020; and program under section 133, the highway safe- amounts apportioned for the national high- ‘‘(F) $501,000,000 for fiscal year 2021.’’; ty improvement program under section 148, way performance program under section 119 (2) in subsection (b)— the congestion mitigation and air quality of title 23, United States Code, that are ex- (A) in the matter preceding paragraph (1), improvement program under section 149, the empt from the limitation under subsection by striking ‘‘and the congestion mitigation national freight program under section 167, (b)(13) and the amounts apportioned under and air quality improvement program’’ and the transportation alternatives program sections 202 and 204 of that title) in the pro- inserting ‘‘the congestion mitigation and air under section 213, and to carry out section portion that— quality improvement program, the national 134, shall be determined as follows: (A) amounts authorized to be appropriated freight program’’; ‘‘(i) INITIAL AMOUNT.—The initial amount for the programs that are apportioned under (B) in each of paragraphs (1), (2), and (3) by for each State shall be determined by multi- title 23, United States Code, to each State striking ‘‘paragraphs (4) and (5)’’ each place plying the total amount available for appor- for the fiscal year; bears to it appears and inserting ‘‘paragraphs (4), (5), tionment by the share for each State, which (B) the total of the amounts authorized to and (6), and section 213(a)’’; shall be equal to the proportion that— be appropriated for the programs that are (C) in paragraph (1), by striking ‘‘63.7 per- ‘‘(I) the amount of apportionments that apportioned under title 23, United States cent’’ and inserting ‘‘65 percent’’; the State received for fiscal year 2014; bears Code, to all States for the fiscal year. to (d) REDISTRIBUTION OF UNUSED OBLIGATION (D) in paragraph (2), by striking ‘‘29.3 per- cent’’ and inserting ‘‘29 percent’’; ‘‘(II) the amount of those apportionments AUTHORITY.—Notwithstanding subsection (c), received by all States for that fiscal year. the Secretary shall, after August 1 of each of (E) in paragraph (3), by striking ‘‘7 per- ‘‘(ii) ADJUSTMENTS TO AMOUNTS.—The ini- fiscal years 2016 through 2021— cent’’ and inserting ‘‘6 percent’’; tial amounts resulting from the calculation (1) revise a distribution of the obligation (F) in paragraph (4), in the matter pre- under clause (i) shall be adjusted to ensure authority made available under subsection ceding subparagraph (A), by striking ‘‘deter- that, for each State, the amount of combined (c) if an amount distributed cannot be obli- mined for the State under subsection (c)’’ apportionments for the programs shall not gated during that fiscal year; and and inserting ‘‘remaining under subsection be less than 95 percent of the estimated tax (2) redistribute sufficient amounts to those (c) after making the set-asides in accordance payments attributable to highway users in States able to obligate amounts in addition with paragraph (5) and section 213(a)’’; the State paid into the Highway Trust Fund to those previously distributed during that (G) by redesignating paragraph (5) as para- (other than the Mass Transit Account) in the fiscal year, giving priority to those States graph (6); most recent fiscal year for which data are having large unobligated balances of funds (H) by inserting after paragraph (4) the fol- available. apportioned under sections 144 (as in effect lowing: ‘‘(B) STATE APPORTIONMENT.—For each of on the day before the date of enactment of ‘‘(5) NATIONAL FREIGHT PROGRAM.— fiscal years 2016 through 2021, on October 1, MAP–21 (126 Stat. 405)) and 104 of title 23, ‘‘(A) IN GENERAL.—For the national freight the Secretary shall apportion the sum au- United States Code. program under section 167, the Secretary thorized to be appropriated for expenditure (e) APPLICABILITY OF OBLIGATION LIMITA- shall set aside from the amount determined on the national highway performance pro- TIONS TO TRANSPORTATION RESEARCH PRO- for a State under subsection (c) an amount gram under section 119, the surface transpor- GRAMS.— determined for the State under subpara- tation program under section 133, the high- (1) IN GENERAL.—Except as provided in graphs (B) and (C). paragraph (2), obligation limitations im- ‘‘(B) TOTAL AMOUNT.—The total amount set way safety improvement program under sec- posed by subsection (a) shall apply to con- aside for the national freight program for all tion 148, the congestion mitigation and air tract authority for transportation research States shall be— quality improvement program under section programs carried out under chapter 5 of title ‘‘(i) $1,000,000,000 for fiscal year 2016; 149, the national freight program under sec- 23, United States Code. ‘‘(ii) $1,450,000,000 for fiscal year 2017; tion 167, the transportation alternatives pro- gram under section 213, and to carry out sec- (2) EXCEPTION.—Obligation authority made ‘‘(iii) $2,000,000,000 for fiscal year 2018; available under paragraph (1) shall— ‘‘(iv) $2,300,000,000 for fiscal year 2019; tion 134 in accordance with subparagraph (A) remain available for a period of 4 fiscal ‘‘(v) $2,400,000,000 for fiscal year 2020; and (A).’’. years; and ‘‘(vi) $2,500,000,000 for fiscal year 2021. (b) CONFORMING AMENDMENTS.— (B) be in addition to the amount of any ‘‘(C) STATE SHARE.—The Secretary shall (1) Section 104(d)(1)(A) of title 23, United limitation imposed on obligations for Fed- distribute among the States the total set- States Code, is amended by striking ‘‘sub- eral-aid highway and highway safety con- aside amount for the national freight pro- section (b)(5)’’ each place it appears and in- struction programs for future fiscal years. gram under subparagraph (B) so that each serting ‘‘paragraphs (5)(D) and (6) of sub- (f) REDISTRIBUTION OF CERTAIN AUTHORIZED State receives an amount equal to the pro- section (b)’’. FUNDS.— portion that— (2) Section 120(c)(3) of title 23, United (1) IN GENERAL.—Not later than 30 days ‘‘(i) the total apportionment determined States Code, is amended— after the date of distribution of obligation under subsection (c) for a State; bears to (A) in subparagraph (A), in the matter pre- authority under subsection (c) for each of fis- ‘‘(ii) the total apportionments for all ceding clause (i), by striking ‘‘or (5)’’ and in- cal years 2016 through 2021, the Secretary States. serting ‘‘(5)(D), or (6)’’; and shall distribute to the States any funds (ex- ‘‘(D) METROPOLITAN PLANNING.—Of the (B) in subparagraph (C)(i), by striking ‘‘and cluding funds authorized for the program amount set aside under this paragraph for a (5)’’ and inserting ‘‘(5)(D), and (6)’’. under section 202 of title 23, United States State, the Secretary shall use to carry out (3) Section 135(i) of title 23, United States Code) that— section 134 an amount determined by multi- Code, is amended by striking ‘‘section (A) are authorized to be appropriated for plying the set-aside amount by the propor- 104(b)(5)’’ and inserting ‘‘paragraphs (5)(D) the fiscal year for Federal-aid highway pro- tion that— and (6) of section 104(b)’’. grams; and ‘‘(i) the amount apportioned to the State (4) Section 136(b) of title 23, United States (B) the Secretary determines will not be to carry out section 134 for fiscal year 2009; Code, is amended in the first sentence by allocated to the States (or will not be appor- bears to striking ‘‘paragraphs (1) through (5) of sec- tioned to the States under section 204 of title ‘‘(ii) the total amount of funds apportioned tion 104(b)’’ and inserting ‘‘paragraphs (1) 23, United States Code), and will not be to the State for that fiscal year for the pro- through (6) of section 104(b)’’.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5937 (5) Section 141(b)(2) of title 23, United for off-NHS bridges located on public roads intercity bus facilities, and commuter van- States Code, is amended by striking ‘‘para- that are not Federal-aid highways.’’; and pool providers’’; graphs (1) through (5) of section 104(b)’’ and (C) by redesignating paragraph (3) as sub- (3) in subsection (d)— inserting ‘‘paragraphs (1) through (6) of sec- section (h); (A) by redesignating paragraphs (3) tion 104(b)’’. (7) in subsection (h) (as so redesignated)— through (6) as paragraphs (4) through (7), re- (6) Section 505(a) of title 23, United States (A) by striking the heading and inserting spectively; Code, is amended in the matter preceding ‘‘CREDIT FOR BRIDGES NOT ON THE NATIONAL (B) by inserting after paragraph (2) the fol- paragraph (1) by striking ‘‘through (4)’’ and HIGHWAY SYSTEM.—’’; lowing: inserting ‘‘through (5)’’. (B) by redesignating subparagraphs (A) and ‘‘(3) REPRESENTATION.— SEC. 11004. SURFACE TRANSPORTATION PRO- (B) as paragraphs (1) and (2), respectively, ‘‘(A) IN GENERAL.—Designation or selection GRAM. and indenting appropriately; and of officials or representatives under para- Section 133 of title 23, United States Code, (C) in the matter preceding paragraph (1) graph (2) shall be determined by the metro- is amended— (as so redesignated)— politan planning organization according to (1) in subsection (b)— (i) by striking ‘‘the replacement of a bridge the bylaws or enabling statute of the organi- (A) in paragraph (10), by inserting ‘‘, in- or rehabilitation of’’; and zation. cluding emergency evacuation plans’’ after (ii) by striking ‘‘, and is determined by the ‘‘(B) PUBLIC TRANSPORTATION REPRESENTA- ‘‘programs’’; and Secretary upon completion to be no longer a TIVE.—Subject to the bylaws or enabling (B) in paragraph (13), by adding a period at deficient bridge’’; statute of the metropolitan planning organi- the end; (8) in subsection (i)(1) (as redesignated by zation, a representative of a provider of pub- (2) in subsection (c)— paragraph (5)), by striking ‘‘under subsection lic transportation may also serve as a rep- (A) in paragraph (1), by striking the semi- (d)(1)(A)(iii) for each of fiscal years 2013 resentative of a local municipality. colon at the end and inserting ‘‘or for through 2014’’ and inserting ‘‘under sub- projects described in paragraphs (2), (4), (6), ‘‘(C) POWERS OF CERTAIN OFFICIALS.—An of- section (d)(1)(A)(ii) for each fiscal year’’; and ficial described in paragraph (2)(B) shall have (7), (11), (20), (25), and (26) of subsection (b); (9) by adding at the end the following: and’’; responsibilities, actions, duties, voting ‘‘(j) BORDER STATES.— (B) by striking paragraph (2); and rights, and any other authority commensu- ‘‘(1) IN GENERAL.—After consultation with rate with other officials described in para- (C) by redesignating paragraph (3) as para- relevant transportation planning organiza- graph (2); graph (2)(B).’’; and tions, the Governor of a State that shares a (3) in subsection (d)— (C) in paragraph (5) (as redesignated by land border with Canada or Mexico may des- (A) in paragraph (1)— subparagraph (A)), by striking ‘‘paragraph ignate for each fiscal year not more than 5 (i) in subparagraph (A)— (5)’’ and inserting ‘‘paragraph (6)’’; percent of funds made available to the State (I) in the matter preceding clause (i), by (4) in subsection (e)(4)(B), by striking ‘‘sub- under subsection (d)(1)(B) for border infra- striking ‘‘50 percent’’ and inserting ‘‘55 per- section (d)(5)’’ and inserting ‘‘subsection structure projects eligible under section 1303 cent’’; and (d)(6)’’; of SAFETEA–LU (23 U.S.C. 101 note; Public (II) in clause (ii), by striking ‘‘greater than (5) in subsection (g)(3)(A), by inserting Law 109–59). 5,000’’ and inserting ‘‘of 5,000 or more’’; and ‘‘natural disaster risk reduction,’’ after ‘‘en- ‘‘(2) USE OF FUNDS.—Funds designated (ii) in subparagraph (B), by striking ‘‘50 vironmental protection,’’; percent’’ and inserting ‘‘45 percent’’; and under this subsection shall be available (6) in subsection (h)— (B) in paragraph (3)— under the requirements of section 1303 of (A) in paragraph (1)— (i) by striking ‘‘paragraph (1)(A)(ii)’’ and SAFETEA–LU (23 U.S.C. 101 note; Public (i) in subparagraph (G), by striking ‘‘and’’ inserting ‘‘paragraph (1)(A)(iii)’’; and Law 109–59). at the end; (ii) by striking ‘‘greater than 5,000 and less ‘‘(3) CERTIFICATION.—Before making a des- (ii) in subparagraph (H), by striking the pe- than 200,000’’ and inserting ‘‘of 5,000 to ignation under paragraph (1), the Governor riod at the end and inserting ‘‘; and’’; and 200,000’’; shall certify that the designation is con- (iii) by adding at the end the following: (4) in subsection (f)(1)— sistent with transportation planning require- ‘‘(I) improve the resilience and reliability (A) by striking ‘‘104(b)(3)’’ and inserting ments under this title. of the transportation system.’’; and ‘‘104(b)(2)’’; and ‘‘(4) NOTIFICATION.—Not later than 30 days (B) in paragraph (2)(A), by striking ‘‘and in (B) by striking ‘‘the period of fiscal years after making a designation under paragraph section 5301(c) of title 49’’ and inserting ‘‘and 2011 through 2014’’ and inserting ‘‘each fiscal (1), the Governor shall submit to the rel- the general purposes described in section 5301 year’’; evant transportation planning organizations of title 49’’; (5) by redesignating subsection (h) as sub- within the border region a written notifica- (7) in subsection (i)— section (i); tion of any suballocated or distributed (A) in paragraph (2)— (6) in subsection (g)— amount of funds available for obligation by (i) in subparagraph (A)(i), by striking (A) by striking the subsection designation jurisdiction. ‘‘transit’’ and inserting ‘‘public transpor- and heading and all that follows through ‘‘(5) LIMITATION.—This subsection applies tation facilities, intercity bus facilities’’; paragraph (1) and inserting the following: only to funds apportioned to a State after (ii) in subparagraph (G)— ‘‘(g) BRIDGES OFF THE NATIONAL HIGHWAY the date of enactment of the DRIVE Act. (I) by striking ‘‘and provide’’ and inserting SYSTEM.— ‘‘(6) DEADLINE FOR DESIGNATION.—A des- ‘‘, provide’’; and ‘‘(1) DEFINITION OF OFF-NHS BRIDGE.—In this ignation under paragraph (1) shall— (II) by inserting ‘‘, and reduce vulner- subsection, the term ‘off-NHS bridge’ means ‘‘(A) be submitted to the Secretary not ability due to natural disasters of the exist- a highway bridge located on a public road, later than 30 days before the beginning of the ing transportation infrastructure’’ before the other than a bridge on the National Highway fiscal year for which the designation is being period at the end; and System.’’; and made; and (iii) in subparagraph (H), by inserting ‘‘, in- (B) in paragraph (2)— ‘‘(B) remain in effect for the funds des- cluding consideration of the role that inter- (i) by striking subparagraph (A) and insert- ignated under paragraph (1) for a fiscal year city buses may play in reducing congestion, ing the following: until the Governor of the State notifies the pollution, and energy consumption in a cost- ‘‘(A) SET-ASIDE.—Each State shall obligate Secretary of the termination of the designa- effective manner and strategies and invest- for replacement (including replacement with tion. ments that preserve and enhance intercity fill material), rehabilitation, preservation, ‘‘(7) UNOBLIGATED FUNDS AFTER TERMI- bus systems, including systems that are pri- and protection (including scour counter- NATION.—On the date of a termination under vately owned and operated’’ before the pe- measures, seismic retrofits, impact protec- paragraph (6)(B), all remaining unobligated riod at the end; tion measures, security countermeasures, funds that were designated under paragraph (B) in paragraph (6)(A)— and protection against extreme events) for (1) for the fiscal year for which the designa- (i) by inserting ‘‘public ports,’’ before off-NHS bridges an amount equal to the tion is being terminated shall be made avail- ‘‘freight shippers,’’; and greater of— able to the State for the purposes described (ii) by inserting ‘‘(including intercity bus ‘‘(i) 15 percent of the amount apportioned in subsection (d)(1)(B).’’. operators and commuter vanpool providers)’’ to the State under section 104(b)(2); and SEC. 11005. METROPOLITAN TRANSPORTATION after ‘‘private providers of transportation’’; ‘‘(ii) an amount equal to at least 110 per- PLANNING. and cent of the amount of funds set aside for Section 134 of title 23, United States Code, (C) in paragraph (8), by striking ‘‘(2)(C)’’ bridges not on Federal-aid highways in the is amended— each place it appears and inserting ‘‘(2)(E)’’; State for fiscal year 2014.’’; (1) in subsection (a)(1), by inserting ‘‘resil- (8) in subsection (j)(5)(A), by striking ‘‘sub- (ii) in subparagraph (B), by striking ‘‘off- ient’’ before ‘‘surface transportation sys- section (k)(4)’’ and inserting ‘‘subsection system’’ and inserting ‘‘off-NHS’’; and tems’’; (k)(3)’’; (iii) by adding at the end the following: (2) in subsection (c)(2), by striking ‘‘and bi- (9) in subsection (k)— ‘‘(C) SET-ASIDE FOR CERTAIN OFF-NHS cycle transportation facilities’’ and inserting (A) by striking paragraph (3); and BRIDGES.—Each State shall obligate an ‘‘, bicycle transportation facilities, inter- (B) by redesignating paragraphs (4) and (5) amount equal to not less than 50 percent of modal facilities that support intercity trans- as paragraphs (3) and (4), respectively; the amount set aside under subparagraph (A) portation, including intercity buses and (10) in subsection (l)—

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(A) in paragraph (1), by adding a period at the general purposes described in section 5301 ‘‘(4) ITEMIZATION.—Notwithstanding any the end; and of title 49’’; other provision of law (including regula- (B) in paragraph (2)(D), by striking ‘‘of less (3) in subsection (e)(1), by striking ‘‘sub- tions), an eligible bridge project included in than 200,000’’ and inserting ‘‘with a popu- section (m)’’ and inserting ‘‘subsection (l)’’; a bundle under this subsection may be listed lation of 200,000 or less’’; (4) in subsection (f)— as— (11) by striking subsection (n); (A) in paragraph (2)(B)(i), by striking ‘‘sub- ‘‘(A) 1 project for purposes of sections 134 (12) by redesignating subsections (o) section (m)’’ and inserting ‘‘subsection (l)’’; and 135; and through (q) as subsections (n) through (p), (B) in paragraph (3)(A)— ‘‘(B) a single project within the applicable respectively; (i) in clause (i), by striking ‘‘subsection bundle. (13) in subsection (o) (as so redesignated), (m)’’ and inserting ‘‘subsection (l)’’; and ‘‘(5) FINANCIAL CHARACTERISTICS.—Projects by striking ‘‘set aside under section 104(f)’’ (ii) in clause (ii), by inserting ‘‘(including bundled under this subsection shall have the and inserting ‘‘apportioned under paragraphs intercity bus operators and commuter van- same financial characteristics, including— (5)(D) and (6) of section 104(b)’’ ; and pool providers)’’ after ‘‘private providers of ‘‘(A) the same funding category or sub- (14) by adding at the end the following: transportation’’; category; and ‘‘(q) TREATMENT OF LAKE TAHOE REGION.— (C) in paragraph (7), in the matter pre- ‘‘(B) the same Federal share.’’; and ‘‘(1) DEFINITION OF LAKE TAHOE REGION.—In ceding subparagraph (A), by striking (4) in subsection (k)(2) (as redesignated by this subsection, the term ‘Lake Tahoe Re- ‘‘should’’ and inserting ‘‘shall’’; and paragraph (2)), by striking ‘‘104(b)(3)’’ and in- gion’ has the meaning given the term ‘re- (D) in paragraph (8), by inserting ‘‘, includ- serting ‘‘104(b)(2)’’. gion’ in subsection (a) of Article II of the ing consideration of the role that intercity Lake Tahoe Regional Planning Compact SEC. 11009. FLEXIBILITY FOR CERTAIN RURAL buses may play in reducing congestion, pol- ROAD AND BRIDGE PROJECTS. (Public Law 96–551; 94 Stat. 3234). lution, and energy consumption in a cost-ef- (a) AUTHORITY.—With respect to rural road ‘‘(2) TREATMENT.—For the purpose of this fective manner and strategies and invest- and rural bridge projects eligible for funding title, the Lake Tahoe Region shall be treated ments that preserve and enhance intercity under title 23, United States Code, subject to as— bus systems, including systems that are pri- the provisions of this section and on request ‘‘(A) a metropolitan planning organization; vately owned and operated’’ before the pe- by a State, the Secretary may— ‘‘(B) a transportation management area riod at the end; (1) exercise all existing flexibilities under under subsection (k); and (5) in subsection (g)— and exceptions to— ‘‘(C) an urbanized area, which is comprised (A) in paragraph (2)(B)(i), by striking ‘‘sub- (A) the requirements of title 23, United of a population of 145,000 in the State of Cali- section (m)’’ and inserting ‘‘subsection (l)’’; States Code; and fornia and a population of 65,000 in the State (B) in paragraph (3)— of Nevada. (i) by inserting ‘‘public ports,’’ before (B) other requirements administered by the Secretary, in whole or part; and ‘‘(3) SUBALLOCATED FUNDING.— ‘‘freight shippers’’; and ‘‘(A) SECTION 133.—When determining the (ii) by inserting ‘‘(including intercity bus (2) otherwise provide additional flexibility amount under subparagraph (A) of section operators),’’ after ‘‘private providers of or expedited processing with respect to the 133(d)(1) that shall be obligated for a fiscal transportation’’; and requirements described in paragraph (1). year in the States of California and Nevada (C) in paragraph (6)(A), by striking ‘‘sub- (b) TYPES OF PROJECTS.—A rural road or under clauses (i), (ii), and (iii) of that sub- section (m)’’ and inserting ‘‘subsection (l)’’; rural bridge project under this section paragraph, the Secretary shall, for each of (6) by striking subsection (j); and shall— those States— (7) by redesignating subsections (k) (1) be located in a county that, based on ‘‘(i) calculate the population under each of through (m) as subsections (j) through (l), re- the most recent decennial census— those clauses; spectively. (A) has a population density of 80 or fewer ‘‘(ii) decrease the amount under section (b) CONFORMING AMENDMENTS.—Section persons per square mile of land area; or 133(d)(1)(A)(iii) by the population specified in 134(b)(5) of title 23, United States Code, is (B) is the county that has the lowest popu- paragraph (2) of this subsection for the Lake amended by striking ‘‘section 135(m)’’ and in- lation density of all counties in the State; Tahoe Region in that State; and serting ‘‘section 135(l)’’. (2) be located within the operational right- ‘‘(iii) increase the amount under section SEC. 11007. HIGHWAY USE TAX EVASION of-way (as defined in section 1316(b) of MAP– 133(d)(1)(A)(i) by the population specified in PROJECTS. 21 (23 U.S.C. 109 note; 126 Stat. 549)) of an ex- paragraph (2) of this subsection for the Lake Section 143(b) of title 23, United States isting road or bridge; and Tahoe Region in that State. Code, is amended by striking paragraph (3)(A) receive less than $5,000,000 of Federal ‘‘(B) SECTION 213.—When determining the (2)(A) and inserting the following: funds; or amount under paragraph (1) of section 213(c) ‘‘(A) IN GENERAL.—From administrative (B) have a total estimated cost of not more that shall be obligated for a fiscal year in funds made available under section 104(a), than $30,000,000 and Federal funds comprising the States of California and Nevada under the Secretary shall deduct such sums as are less than 15 percent of the total estimated subparagraphs (A), (B), and (C) of that para- necessary, not to exceed $4,000,000 for each project cost. graph, the Secretary shall, for each of those fiscal year, to carry out this section.’’. (c) PROCESS TO ASSIST RURAL PROJECTS.— States— SEC. 11008. BUNDLING OF BRIDGE PROJECTS. (1) ASSISTANCE WITH FEDERAL REQUIRE- ‘‘(i) calculate the population under each of Section 144 of title 23, United States Code, MENTS.— those subparagraphs; is amended— (A) IN GENERAL.—For projects under this ‘‘(ii) decrease the amount under section (1) in subsection (c)(2)(A), by striking ‘‘the section, the Secretary shall seek to provide, 213(c)(1)(C) by the population specified in natural condition of the bridge’’ and insert- to the maximum extent practicable, regu- paragraph (2) of this subsection for the Lake ing ‘‘the natural condition of the water’’; latory relief and flexibility consistent with Tahoe Region in that State; and (2) by redesignating subsection (j) as sub- this section. ‘‘(iii) increase the amount under section section (k); (B) EXCEPTIONS, EXEMPTIONS, AND ADDI- 213(c)(1)(A) by the population specified in (3) by inserting after subsection (i) the fol- TIONAL FLEXIBILITY.—Exceptions, exemp- paragraph (2) of this subsection for the Lake lowing: tions, and additional flexibility from regu- Tahoe Region in that State.’’. ‘‘(j) BUNDLING OF BRIDGE PROJECTS.— latory requirements may be granted if, in SEC. 11006. STATEWIDE AND NONMETROPOLITAN ‘‘(1) PURPOSE.—The purpose of this sub- the opinion of the Secretary— TRANSPORTATION PLANNING. section is to save costs and time by encour- (i) the project is not expected to have a sig- (a) IN GENERAL.—Section 135 of title 23, aging States to bundle multiple bridge nificant adverse impact on the environment; United States Code, is amended— projects as 1 project. (ii) the project is not expected to have an (1) in subsection (a)(2), by striking ‘‘and bi- ‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In adverse impact on safety; and cycle transportation facilities’’ and inserting this subsection, the term ‘eligible entity’ (iii) the assistance would be in the public ‘‘, bicycle transportation facilities, inter- means an entity eligible to carry out a interest for 1 or more reasons, including— modal facilities that support intercity trans- bridge project under section 119 or 133. (I) reduced project costs; portation, including intercity buses and ‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli- (II) expedited construction, particularly in intercity bus facilities, and commuter van- gible entity may bundle 2 or more similar an area where the construction season is rel- pool providers’’; bridge projects that are— atively short and not granting the waiver or (2) in subsection (d)— ‘‘(A) eligible projects under section 119 or additional flexibility could delay the project (A) in paragraph (1)— 133; to a later construction season; or (i) in subparagraph (G), by striking ‘‘and’’ ‘‘(B) included as a bundled project in a (III) improved safety. at the end; transportation improvement program under (2) MAINTAINING PROTECTIONS.—Nothing in (ii) in subparagraph (H), by striking the pe- section 134(j) or a statewide transportation this subsection— riod at the end and inserting ‘‘; and’’; and improvement program under section 135, as (A) waives the requirements of section 113 (iii) by adding at the end the following: applicable; and or 138 of title 23, United States Code; ‘‘(I) improve the resilience and reliability ‘‘(C) awarded to a single contractor or con- (B) supersedes, amends, or modifies— of the transportation system.’’; and sultant pursuant to a contract for engineer- (i) the National Environmental Policy Act (B) in paragraph (2)(A), by striking ‘‘and in ing and design or construction between the of 1969 (42 U.S.C. 4321 et seq.) or any other section 5301(c) of title 49’’ and inserting ‘‘and contractor and an eligible entity. Federal environmental law; or

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(ii) any requirement of title 23, United ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— (4) in subsection (g)(1)— States Code; or There is authorized to be appropriated out of (A) by striking ‘‘increases’’ and inserting (C) affects the responsibility of any Fed- the Highway Trust Fund (other than the ‘‘does not decrease’’; and eral officer to comply with or enforce any Mass Transit Account) to carry out this sec- (B) by inserting ‘‘and exceeds the national law or requirement described in this para- tion $80,000,000 for each of fiscal years 2016 fatality rate on rural roads,’’ after ‘‘avail- graph. through 2021. able,’’. SEC. 11010. CONSTRUCTION OF FERRY BOATS ‘‘(i) PERIOD OF AVAILABILITY.—Notwith- SEC. 11012. DATA COLLECTION ON UNPAVED PUB- AND FERRY TERMINAL FACILITIES. standing section 118(b), funds made available LIC ROADS. (a) CONSTRUCTION OF FERRY BOATS AND to carry out this section shall remain avail- Section 148 of title 23, United States Code, able until expended. FERRY TERMINAL FACILITIES.—Section 147 of is amended by adding at the end the fol- ‘‘(j) APPLICABILITY.—All provisions of this title 23, United States Code, is amended— lowing: chapter that are applicable to the National ‘‘(k) DATA COLLECTION ON UNPAVED PUBLIC (1) in subsection (a), by striking ‘‘IN GEN- Highway System, other than provisions re- ROADS.— ERAL’’ and inserting ‘‘PROGRAM’’; lating to apportionment formula and Federal ‘‘(1) IN GENERAL.—A State may elect not to (2) by striking subsections (d) through (g) share, shall apply to funds made available to collect fundamental data elements for the and inserting the following: carry out this section, except as determined model inventory of roadway elements on ‘‘(d) FORMULA.—Of the amounts allocated by the Secretary to be inconsistent with this public roads that are gravel roads or other- under subsection (c)— section.’’. wise unpaved if— ‘‘(1) 35 percent shall be allocated among el- (b) NATIONAL FERRY DATABASE.—Section ‘‘(A)(i) more than 45 percent of the public igible entities in the proportion that— 1801(e)(4) of SAFETEA–LU (23 U.S.C. 129 roads in the State are gravel roads or other- ‘‘(A) the number of ferry passengers, in- note; 119 Stat. 1456) is amended by striking wise unpaved; and cluding passengers in vehicles, carried by subparagraph (D) and inserting the fol- ‘‘(ii) less than 10 percent of fatalities in the each ferry system in the most recent cal- lowing: State occur on those unpaved public roads; endar year for which data is available; bears ‘‘(D) make available, from the amounts or to made available for each fiscal year to carry ‘‘(B)(i) more than 70 percent of the public ‘‘(B) the number of ferry passengers, in- out chapter 63 of title 49, not more than roads in the State are gravel roads or other- cluding passengers in vehicles, carried by all $500,000 to maintain the database.’’. wise unpaved; and ferry systems in the most recent calendar (c) CONFORMING AMENDMENTS.—Section ‘‘(ii) less than 25 percent of fatalities in the year for which data is available; 129(c) of title 23, United States Code, is State occur on those unpaved public roads. ‘‘(2) 35 percent shall be allocated among el- amended— ‘‘(2) CALCULATION.—The percentages de- igible entities in the proportion that— (1) in paragraph (2), in the first sentence, scribed in paragraph (1) shall be based on the ‘‘(A) the number of vehicles carried by by inserting ‘‘, or on a public transit ferry el- average for the 5 most recent years for which each ferry system in the most recent cal- igible under chapter 53 of title 49’’ after relevant data is available. endar year for which data is available; bears ‘‘Interstate System’’; ‘‘(3) USE OF FUNDS.—If a State elects not to to (2) in paragraph (3)— collect data on a road described in paragraph ‘‘(B) the number of vehicles carried by all (A) by striking ‘‘(3) Such ferry’’ and insert- (1), the State shall not use funds provided to ferry systems in the most recent calendar ing ‘‘(3)(A) The ferry’’; and carry out this section for a project on that year for which data is available; and (B) by adding at the end the following: road until the State completes a collection ‘‘(3) 30 percent shall be allocated among el- ‘‘(B) Any Federal participation shall not of the required model inventory of roadway igible entities in the proportion that— involve the construction or purchase, for pri- elements for the road.’’. ‘‘(A) the total route nautical miles serv- vate ownership, of a ferry boat, ferry ter- SEC. 11013. CONGESTION MITIGATION AND AIR iced by each ferry system in the most recent minal facility, or other eligible project under QUALITY IMPROVEMENT PROGRAM. calendar year for which data is available; this section.’’; Section 149 of title 23, United States Code, bears to (3) in paragraph (4), by striking ‘‘and re- is amended— ‘‘(B) the total route nautical miles serviced pair,’’ and inserting ‘‘repair,’’; and (1) in subsection (b)— by all ferry systems in the most recent cal- (4) by striking paragraph (6) and inserting (A) in paragraph (1)(A)(i)(I), by inserting endar year for which data is available. the following: ‘‘in the designated nonattainment area’’ ‘‘(e) REDISTRIBUTION OF UNOBLIGATED ‘‘(6) The ferry service shall be maintained after ‘‘air quality standard’’; AMOUNTS.—The Secretary shall— in accordance with section 116. (B) in paragraph (3), by inserting ‘‘or main- ‘‘(1) withdraw amounts allocated to an eli- ‘‘(7)(A) No ferry boat or ferry terminal tenance’’ after ‘‘likely to contribute to the gible entity under subsection (c) that remain with Federal participation under this title attainment’’; unobligated by the end of the third fiscal may be sold, leased, or otherwise disposed of, (C) in paragraph (4), by striking ‘‘attain- year following the fiscal year for which the except in accordance with part 18 of title 49, ment of’’ and inserting ‘‘attainment or main- amounts were allocated; and Code of Federal Regulations (as in effect on tenance of the area of’’; and ‘‘(2) in the subsequent fiscal year, redis- December 18, 2014). (D) in paragraph (8)(A)(ii)— tribute the funds referred to in paragraph (1) ‘‘(B) The Federal share of any proceeds (i) in the matter preceding subclause (I), by in accordance with the formula under sub- from a disposition referred to in subpara- inserting ‘‘or port-related freight oper- section (d) among eligible entities for which graph (A) shall be used for eligible purposes ations’’ after ‘‘construction projects’’; and no amounts were withdrawn under paragraph under this title.’’. (ii) in subclause (II), by inserting ‘‘or chap- (1). SEC. 11011. HIGHWAY SAFETY IMPROVEMENT ter 53 of title 49’’ after ‘‘this title’’; ‘‘(f) MINIMUM AMOUNT.—Notwithstanding PROGRAM. (2) in subsection (c)(2), by inserting ‘‘(giv- subsection (c), a State with an eligible entity Section 148 of title 23, United States Code, ing priority to corridors designated under that meets the requirements of this section is amended— section 151)’’ after ‘‘at any location in the shall receive not less than $100,000 under this (1) in subsection (a)— State’’; section for a fiscal year. (A) in paragraph (4)(B)— (3) in subsection (d)— ‘‘(g) IMPLEMENTATION.— (i) in the matter preceding clause (i), by (A) in paragraph (2)— ‘‘(1) DATA COLLECTION.— striking ‘‘includes, but is not limited to,’’ (i) in subparagraph (A)— ‘‘(A) NATIONAL FERRY DATABASE.—Amounts and inserting ‘‘only includes’’; and (I) in the matter preceding clause (i), by in- made available for a fiscal year under this (ii) by adding at the end the following: serting ‘‘would otherwise be eligible under section shall be allocated using the most re- ‘‘(xxv) Installation of vehicle-to-infrastruc- subsection (b) if the project were carried out cent data available, as collected and imputed ture communication equipment. in a nonattainment or maintenance area or’’ in accordance with the national ferry data- ‘‘(xxvi) Pedestrian hybrid beacons. after ‘‘may use for any project that’’; and base established under section 1801(e) of ‘‘(xxvii) Roadway improvements that pro- (II) in clause (i), by striking ‘‘(excluding SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. vide separation between pedestrians and the amount of funds reserved under para- 1456). motor vehicles, including medians and pedes- graph (1))’’; and ‘‘(B) ELIGIBILITY FOR FUNDING.—To be eligi- trian crossing islands. (ii) in subparagraph (B)(i), by striking ble to receive funds under subsection (c), ‘‘(xxviii) An infrastructure safety project ‘‘MAP–21t’’ and inserting ‘‘MAP–21’’; and data shall have been submitted in the most not described in clauses (i) through (xxvii).’’; (B) in paragraph (3), by inserting ‘‘, in a recent collection of data for the national and manner consistent with the approach that ferry database under section 1801(e) of (B) by striking paragraph (10) and redesig- was in effect on the day before the date of SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. nating paragraphs (11) through (13) as para- enactment of MAP–21,’’ after ‘‘the Secretary 1456) for at least 1 ferry service within the graphs (10) through (12), respectively; shall modify’’; State. (2) in subsection (c)(1)(A), by striking ‘‘sub- (4) in subsection (g)— ‘‘(2) ADJUSTMENTS.—On review of the data section (a)(12)’’ and inserting ‘‘subsection (A) in paragraph (2)(B), by striking ‘‘not submitted under paragraph (1)(B), the Sec- (a)(11)’’; later that’’ and inserting ‘‘not later than’’; retary may make adjustments to the data as (3) in subsection (d)(2)(B)(i), by striking (B) in paragraph (3)— the Secretary determines necessary to cor- ‘‘subsection (a)(12)’’ and inserting ‘‘sub- (i) by striking ‘‘States and metropolitan’’ rect misreported or inconsistent data. section (a)(11)’’; and and inserting the following:

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‘‘(A) IN GENERAL.—States and metropoli- each State receives an amount equal to the ‘‘(i) EXPEDITING INFRASTRUCTURE tan’’; proportion that— PROJECTS.— (ii) by striking ‘‘are proven to reduce’’ and ‘‘(A) the amount apportioned to the State ‘‘(1) IN GENERAL.—Not later than 1 year inserting ‘‘reduce directly emitted’’; and for the transportation enhancements pro- after the date of enactment of this sub- (iii) by adding at the end the following: gram for fiscal year 2009 under section section, the Secretary shall develop regula- ‘‘(B) USE OF PRIORITY FUNDING.—To the 133(d)(2), as in effect on the day before the tions or guidance relating to the implemen- maximum extent practicable, PM2.5 priority date of enactment of MAP–21 (Public Law tation of this section that encourages the funding shall be used on the most cost-effec- 112–141; 126 Stat. 405); bears to use of the programmatic approaches to envi- tive projects and programs that are proven ‘‘(B) the total amount of funds apportioned ronmental reviews, expedited procurement to reduce directly emitted fine particulate to all States for that fiscal year for the techniques, and other best practices to fa- matter.’’; transportation enhancements program for cilitate productive and timely expenditure (5) in subsection (k)— fiscal year 2009.’’; for projects that are small, low-impact, and (A) in paragraph (1)— (2) in subsection (c)— constructed within an existing built environ- (i) by striking ‘‘that has a nonattainment (A) in paragraph (1)— ment. or maintenance area’’ and inserting ‘‘that (i) in the matter preceding subparagraph ‘‘(2) STATE PROCESSES.—The Secretary has 1 or more nonattainment or maintenance (A), by striking ‘‘Of the funds’’ and all that shall work with State departments of trans- areas’’; follows through ‘‘shall be obligated under portation to ensure that any regulation or (ii) by striking ‘‘a nonattainment or main- this section’’ in subparagraph (A) and insert- guidance developed under paragraph (1) is tenance area that are’’ and inserting ‘‘the ing ‘‘Funds reserved in a State under this consistently implemented by States and the nonattainment or maintenance areas that section shall be obligated’’; Federal Highway Administration to avoid are’’; (ii) by striking subparagraph (B); unnecessary delays in implementing projects (iii) by striking ‘‘such area’’ both places it (iii) by redesignating clauses (i) through and to ensure the effective use of Federal appears and inserting ‘‘such areas’’; and (iii) as subparagraphs (A) through (C), re- dollars.’’. (iv) by striking ‘‘such fine particulate’’ and spectively; (b) CONFORMING AMENDMENT.—Section inserting ‘‘directly-emitted fine particu- (iv) in subparagraph (B) (as so redesig- 126(b) of title 23, United States Code, is late’’; nated), by striking ‘‘greater than 5,000’’ and amended— (B) in paragraph (2), by striking ‘‘highway inserting ‘‘of 5,000 or more’’; and (1) by striking ‘‘SET-ASIDES.—’’ and all that construction’’ and inserting ‘‘transportation (v) in subparagraph (C) (as so redesig- follows through ‘‘Funds that’’ in paragraph construction’’; and nated), by striking ‘‘; and’’ and inserting a (1) and inserting ‘‘SET-ASIDES.—Funds that’’; (C) by adding at the end the following: period; (2) by striking ‘‘sections 104(d) and 133(d)’’ ‘‘(3) PM2.5 NONATTAINMENT AND MAINTE- (B) in paragraph (2), by striking ‘‘para- and inserting ‘‘sections 104(d), 133(d), and NANCE IN LOW POPULATION DENSITY STATES.— graph (1)(A)(i)’’ and inserting ‘‘paragraph 213(c)’’; and ‘‘(A) EXCEPTION.—In any State with a pop- (1)(A)’’; (3) by striking paragraph (2). ulation density of 80 or fewer persons per (C) in paragraph (3)(A)— SEC. 11015. CONSOLIDATION OF PROGRAMS. square mile of land area, based on the most (i) by striking ‘‘Except as provided in para- Section 1519(a) of MAP–21 (Public Law 112– recent decennial census, the requirements graph (1)(B), the’’ and inserting ‘‘The’’; and 141; 126 Stat. 574) is amended in the matter under subsection (g)(3) and paragraphs (1) (ii) by striking ‘‘paragraph (1)(A)(i)’’ both preceding paragraph (1) by striking ‘‘fiscal and (2) of this subsection shall not apply to places it appears and inserting ‘‘paragraph years 2013 and 2014’’ and inserting ‘‘fiscal a nonattainment or maintenance area in the (1)(A)’’; years 2013 through 2021’’. State if— (D) in paragraph (4)(B)— SEC. 11016. STATE FLEXIBILITY FOR NATIONAL ‘‘(i) the nonattainment or maintenance (i) in clause (vi), by striking ‘‘and’’ at the HIGHWAY SYSTEM MODIFICATIONS. area does not have projects that are part of end; (a) NATIONAL HIGHWAY SYSTEM FLEXI- the emissions analysis of a metropolitan (ii) by redesignating clause (vii) as clause BILITY.—Not later than 90 days after the date transportation plan or transportation im- (viii); and of enactment of this Act, the Secretary shall provement program; and (iii) by inserting after clause (vi) the fol- issue guidance relating to working with ‘‘(ii) regional motor vehicle emissions are lowing: State departments of transportation that re- an insignificant contributor to the air qual- ‘‘(vii) a nonprofit entity responsible for the quest assistance from the division offices of the Federal Highway Administration— ity problem for PM2.5 in the nonattainment administration of local transportation safety (1) to review roads classified as principal or maintenance area. programs; and’’; and arterials in the State that were added to the ‘‘(B) CALCULATION.—If subparagraph (A) ap- (E) in paragraph (5)— National Highway System as of October 1, plies to a nonattainment or maintenance (i) by striking ‘‘For funds reserved’’ and in- 2012, so as to comply with section 103 of title area in a State, the percentage of the PM2.5 serting the following: 23, United States Code; and set-aside under paragraph (1) shall be re- ‘‘(A) IN GENERAL.—For funds reserved’’; (2) to identify any necessary functional duced for that State proportionately based (ii) by striking ‘‘paragraph (1)(A)(i)’’ and classification changes to rural and urban on the weighted population of the area in inserting ‘‘paragraph (1)(A)’’; and principal arterials. fine particulate matter nonattainment. (iii) by adding at the end the following: (b) ADMINISTRATIVE ACTIONS.—The Sec- ‘‘(4) PORT-RELATED EQUIPMENT AND VEHI- ‘‘(B) NO RESTRICTION ON SUBALLOCATION.— retary shall direct the division offices of the CLES.—To meet the requirements under para- Nothing in this section prevents a metropoli- Federal Highway Administration to work graph (1), a State or metropolitan planning tan planning organization from further sub- with the applicable State department of organization may elect to obligate funds to allocating funds within the boundaries of the transportation that requests assistance the most cost-effective projects to reduce metropolitan planning area if a competitive under this section— emissions from port-related landside process is implemented for the award of the (1) to assist in the review of roads in ac- nonroad or on-road equipment that is oper- suballocated funds.’’; and cordance with guidance issued under sub- ated within the boundaries of a PM2.5 non- (3) by adding at the end the following: section (a); attainment or maintenance area.’’; ‘‘(h) ANNUAL REPORTS.— (2) to expeditiously review and facilitate (6) in subsection (l)(1)(B), by inserting ‘‘air ‘‘(1) IN GENERAL.—Each State or metropoli- requests from States to reclassify roads clas- quality and traffic congestion’’ before ‘‘per- tan planning organization responsible for sified as principal arterials; and formance targets’’; and carrying out the requirements of this section (3) in the case of a State that requests the (7) in subsection (m), by striking ‘‘section shall submit to the Secretary an annual re- withdrawal of reclassified roads from the Na- 104(b)(2)’’ and inserting ‘‘section 104(b)(4)’’. port that describes— tional Highway System under section SEC. 11014. TRANSPORTATION ALTERNATIVES. ‘‘(A) the number of project applications re- 103(b)(3) of title 23, United States Code, to (a) IN GENERAL.—Section 213 of title 23, ceived for each fiscal year, including— carry out that withdrawal if the inclusion of United States Code, is amended— ‘‘(i) the aggregate cost of the projects for the reclassified road in the National High- (1) by striking subsection (a) and inserting which applications are received; and way System is not consistent with the needs the following: ‘‘(ii) the types of project to be carried out and priorities of the community or region in ‘‘(a) RESERVATION OF FUNDS.— (as described in subsection (b)), expressed as which the reclassified road is located. ‘‘(1) IN GENERAL.—On October 1 of each fis- percentages of the total apportionment of (c) NATIONAL HIGHWAY SYSTEM MODIFICA- cal year, the Secretary shall set aside from the State under subsection (a); and TION REGULATIONS.—The Secretary shall— the amount determined for a State under ‘‘(B) the number of projects selected for (1) review the National Highway System section 104(c) an amount determined for the funding for each fiscal year, including the modification process described in appendix D State under paragraphs (2) and (3). aggregate cost and location of projects se- of part 470 of title 23, Code of Federal Regu- ‘‘(2) TOTAL AMOUNT.—The total amount set lected. lations (or successor regulations); and aside for the program under this section ‘‘(2) PUBLIC AVAILABILITY.—The Secretary (2) take any action necessary to ensure shall be $850,000,000 for each fiscal year. shall make available to the public, in a user- that a State may submit to the Secretary a ‘‘(3) STATE SHARE.—The Secretary shall friendly format on the website of the Depart- request to modify the National Highway Sys- distribute among the States the total set- ment, a copy of each annual report sub- tem by withdrawing a road from the Na- aside amount under paragraph (2) so that mitted under paragraph (1). tional Highway System.

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(d) REPORT TO CONGRESS.—Not later than 1 ‘‘(iii) develops, manages, and maintains a sanctions under section 1.36 of title 23, Code year after the date of enactment of this Act, system that will automatically collect the of Federal Regulations (or successor regula- and annually thereafter, the Secretary shall toll; and tions), until the performance is no longer de- submit to the Committee on Environment ‘‘(iv) establishes policies and procedures— graded, if— and Public Works of the Senate and the ‘‘(I) to manage the demand to use the facil- ‘‘(i) the State agency fails to submit an ap- Committee on Transportation and Infra- ity by varying the toll amount that is proved action plan under subparagraph (D) structure of the House of Representatives a charged; to bring a degraded facility into compliance; report that includes a description of— ‘‘(II) to enforce violations of the use of the or (1) each request for reclassification of Na- facility; and ‘‘(ii) after the State submits and the Sec- tional Highway System roads; ‘‘(III) to ensure that private motorcoaches retary approves an action plan under sub- (2) the status of each request; and that serve the public are provided access to paragraph (D), the Secretary determines (3) if applicable, the justification for the the facility under the same rates, terms, and that, on a date that is not earlier than 1 year denial by the Secretary of a request. conditions, as public transportation buses in after the approval of the action plan, the (e) MODIFICATIONS TO THE NATIONAL HIGH- the State. State agency is not making significant WAY SYSTEM.—Section 103(b)(3)(A) of title 23, ‘‘(B) EXEMPTION FROM TOLLS.—In levying a progress toward bringing the HOV facility United States Code, is amended— toll on a facility under subparagraph (A), a into compliance with the minimum average (1) in the matter preceding clause (i)— State agency may— operating speed performance standard.’’; and (A) by striking ‘‘, including any modifica- ‘‘(i) designate classes of vehicles that are (4) in subsection (f)(1), in the matter pre- tion consisting of a connector to a major exempt from the toll; and ceding subparagraph (A), by inserting ‘‘sole- intermodal terminal,’’; and ‘‘(ii) charge different toll rates for dif- ly’’ before ‘‘operating’’. (B) by inserting ‘‘, including any modifica- ferent classes of vehicles.’’; SEC. 11019. INTERSTATE SYSTEM RECONSTRUC- tion consisting of a connector to a major (B) in paragraph (5), by striking subpara- TION AND REHABILITATION PILOT intermodal terminal or the withdrawal of a graph (A) and inserting the following: PROGRAM. Section 1216(b) of the Transportation Eq- road from that system,’’ after ‘‘the National ‘‘(A) INHERENTLY LOW EMISSION VEHICLE.—If uity Act for the 21st Century (Public Law Highway System’’; and a State agency establishes procedures for en- 105–178; 112 Stat. 212) is amended— (2) in clause (ii)— forcing the restrictions on the use of a HOV (1) in paragraph (3)— (A) by striking ‘‘(ii) enhances’’ and insert- facility by vehicles described in clauses (i) (A) in subparagraph (A), by striking ‘‘the ing ‘‘(ii)(I) enhances’’; and (ii), the State agency may allow the use age, condition, and intensity of use of the fa- (B) by striking the period at the end and of the HOV facility by— cility’’ and inserting ‘‘an analysis dem- inserting ‘‘; or’’; and ‘‘(i) alternative fuel vehicles; and onstrating that the facility has a significant (C) by adding at the end the following: ‘‘(ii) any motor vehicle described in section 30D(d)(1) of the Internal Revenue Code of age, condition, or intensity of use to require ‘‘(II) in the case of the withdrawal of a expedited reconstruction or rehabilitation’’; road, is reasonable and appropriate.’’. 1986.’’; (2) in subsection (c)— (B) in subparagraph (D)(iii), by inserting ‘‘, SEC. 11017. TOLL ROADS, BRIDGES, TUNNELS, (A) in paragraph (1)— and that demonstrates the capability of that AND FERRIES. (i) by striking ‘‘Tolls’’ and inserting ‘‘Not- agency to perform or oversee the building, Section 129(a) of title 23, United States withstanding section 301, tolls’’; and operation, and maintenance of a toll express- Code, is amended— (ii) by striking ‘‘notwithstanding section way system meeting criteria for the Inter- (1) in paragraph (1)— 301 and, except as provided in paragraphs (2) state System’’ before the semicolon at the (A) in subparagraph (B)— and (3)’’; end; and (i) by striking ‘‘(other than a highway on (B) by striking paragraph (2); and (C) by adding at the end the following: the Interstate System)’’; and (C) by redesignating paragraph (3) as para- ‘‘(E) An analysis showing how the State (ii) by inserting ‘‘non-HOV’’ after ‘‘toll- graph (2); plan for implementing tolls on the facility free’’ each place it appears; (3) in subsection (d)(1), by striking sub- takes into account the interests and use of (B) by striking subparagraph (C); and paragraphs (D) and (E) and inserting the fol- local, regional, and interstate travelers. (C) by redesignating subparagraphs (D) lowing: ‘‘(F) An explanation of how the State will through (I) as subparagraphs (C) through (H), ‘‘(D) MAINTENANCE OF OPERATING PERFORM- collect tolls using electronic toll collection, respectively; ANCE.— including at highway speeds, if practicable. (2) by striking paragraph (4) and paragraph ‘‘(i) SUBMISSION OF PLAN.—Not later than ‘‘(G) A plan describing the proposed loca- (6); 180 days after the date on which a facility is tion for the collection of tolls on the facility, (3) by redesignating paragraphs (5), (7), (8), degraded under paragraph (2), the State including any locations in proximity to a (9), and (10) as paragraphs (4), (5), (6), (7), and agency with jurisdiction over the facility State border. (9), respectively; shall submit to the Secretary for approval a ‘‘(H) Approved documentation that the (4) in paragraph (4)(B) (as so redesignated), plan that details the actions the State agen- project— by striking ‘‘the Federal-aid system’’ and in- cy will take to bring the facility into com- ‘‘(i) has received a categorical exclusion, a serting ‘‘Federal-aid highways’’; and pliance with the minimum average operating finding of no significant impact, or a record (5) by inserting after paragraph (7) (as so speed performance standard through changes of decision under the National Environ- redesignated) the following: to operation of the facility, including— mental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(8) EQUAL ACCESS FOR MOTORCOACHES.—A ‘‘(I) increasing the occupancy requirement seq.); and private motorcoach that serves the public for HOV lanes; ‘‘(ii) complies with the Uniform Relocation shall be provided access to a toll facility ‘‘(II) varying the toll charged to vehicles Assistance and Real Property Acquisition under the same rates, terms, and conditions allowed under subsection (b) to reduce de- Policies Act of 1970 (42 U.S.C. 4601 et seq.).’’; as public transportation buses in the mand; (2) by striking paragraphs (4) and (6); State.’’. ‘‘(III) discontinuing allowing non-HOV ve- (3) by redesignating paragraph (5) as para- SEC. 11018. HOV FACILITIES. hicles to use HOV lanes under subsection (b); graph (4); Section 166 of title 23, United States Code, or (4) in paragraph (4)(as so redesignated)— is amended— ‘‘(IV) increasing the available capacity of (A) in the matter preceding subparagraph (1) in subsection (b)— the HOV facility. (A), by striking ‘‘Before the Secretary may (A) by striking paragraph (4) and inserting ‘‘(ii) NOTICE OF APPROVAL OR DIS- permit’’ and inserting ‘‘As a condition of per- the following: APPROVAL.—Not later than 60 days after the mitting’’; ‘‘(4) HIGH OCCUPANCY TOLL VEHICLES.— date of receipt of a plan under clause (i), the (B) in subparagraph (A)— ‘‘(A) IN GENERAL.—The State agency may Secretary shall provide to the State agency (i) in the matter preceding clause (i), by allow vehicles not otherwise exempt under a written notice indicating whether the Sec- striking ‘‘for—’’ and inserting ‘‘for permis- this subsection to use the HOV facility if the retary has approved or disapproved the plan sible uses described in section 129(a)(3) of operators of the vehicles pay a toll charged based on a determination of whether the im- title 23, United States Code; and’’; and by the agency for use of the facility and the plementation of the plan will bring the HOV (ii) by striking clauses (i) through (iii); agency— facility into compliance. (5) by inserting after paragraph (4) (as so ‘‘(i) establishes a program that addresses ‘‘(iii) BIANNUAL PROGRESS UPDATES.—Until redesignated) the following: how motorists can enroll and participate in the date on which the Secretary determines ‘‘(5) APPLICATION PROCESSING PROCEDURE.— the toll program; that the State agency has brought the HOV ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(ii) in the case of a high occupancy vehi- facility into compliance with this sub- after receipt of an application under this cle facility that affects a metropolitan area, section, the State agency shall submit bian- subsection, the Secretary shall provide to submits to the Secretary a written state- nual updates that describe— the applicant a written notice informing the ment that the metropolitan planning organi- ‘‘(I) the actions taken to bring the HOV fa- applicant whether— zation designated under section 134 for the cility into compliance; and ‘‘(i) the application is complete and meets area has been consulted concerning the ‘‘(II) the progress made by those actions. all requirements under this subsection; or placement and amount of tolls on the con- ‘‘(E) COMPLIANCE.—The Secretary shall ‘‘(ii) additional information or materials verted facility; subject the State to appropriate program are needed—

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EMERGENCY RELIEF FOR FEDERALLY ing ‘‘(7)’’. graph (A)(ii); and OWNED ROADS. SEC. 11022. NATIONAL ELECTRIC VEHICLE ‘‘(II) provide to the applicant written no- (a) ELIGIBILITY.—Section 125(d)(3) of title CHARGING AND NATURAL GAS FUEL- tice specifying the details of the additional 23, United States Code, is amended— ING CORRIDORS. required information or materials. (1) in subparagraph (A), by striking ‘‘or’’ at (a) IN GENERAL.—Chapter 1 of title 23, ‘‘(ii) AMENDED APPLICATION.—Not later the end; United States Code, is amended by inserting than 60 days after receipt of the additional (2) in subparagraph (B), by striking the pe- after section 150 the following: information under clause (i), the Secretary riod at the end and inserting ‘‘; or’’; and ‘‘§ 151. National electric vehicle charging and shall determine if the amended application is (3) by adding at the end the following: natural gas fueling corridors complete and meets all requirements under ‘‘(C) projects eligible for assistance under ‘‘(a) IN GENERAL.—Not later than 1 year this subsection. this section located on tribal transportation after the date of enactment of the DRIVE ‘‘(C) TECHNICAL ASSISTANCE.—On the re- facilities, Federal lands transportation fa- Act, the Secretary shall designate national quest of a State, the Secretary shall provide cilities, or other federally owned roads that technical assistance to facilitate the devel- electric vehicle charging and natural gas are open to public travel (as defined in sub- fueling corridors that identify the near- and opment of a complete application under this section (e)(1)).’’. paragraph that is likely to satisfy the eligi- long-term need for, and location of, electric (b) DEFINITION.—Section 125(e) of title 23, bility criteria under paragraph (3). vehicle charging infrastructure and natural United States Code, is amended by striking gas fueling infrastructure at strategic loca- ‘‘(D) APPROVAL OF APPLICATION.—On writ- paragraph (1) and inserting the following: ten notice by the Secretary that the applica- tions along major national highways to im- ‘‘(1) DEFINITIONS.—In this subsection: tion is complete and meets all requirements prove the mobility of passenger and commer- ‘‘(A) OPEN TO PUBLIC TRAVEL.—The term of this subsection, the project is considered cial vehicles that employ electric and nat- ‘open to public travel’ means, with respect to approved and shall be permitted to partici- ural gas fueling technologies across the a road, that, except during scheduled peri- pate in the program under this subsection. United States. ods, extreme weather conditions, or emer- ‘‘(E) LIMITATION ON APPROVED APPLICA- ‘‘(b) DESIGNATION OF CORRIDORS.—In desig- gencies, the road— TION.— nating the corridors under subsection (a), ‘‘(i) is maintained; ‘‘(i) IN GENERAL.—For an application re- the Secretary shall— ceived under this subsection on or after the ‘‘(ii) is open to the general public; and ‘‘(1) solicit nominations from State and date of enactment of the DRIVE Act for the ‘‘(iii) can accommodate travel by a stand- local officials for facilities to be included in reconstruction or rehabilitation of a facility, ard passenger vehicle, without restrictive the corridors; a State shall— gates or prohibitive signs or regulations, ‘‘(2) incorporate existing electric vehicle ‘‘(I) not later than 1 year after the date on other than for general traffic control or re- charging and natural gas fueling corridors which the application is approved, issue a so- strictions based on size, weight, or class of designated by a State or group of States; and licitation for a contract to provide for the registration. ‘‘(3) consider the demand for, and location reconstruction or rehabilitation of the facil- ‘‘(B) STANDARD PASSENGER VEHICLE.—The of, existing electric vehicle charging and ity; and term ‘standard passenger vehicle’ means a natural gas fueling infrastructure. ‘‘(II) not later than 2 years after the date vehicle with 6 inches of clearance from the ‘‘(c) STAKEHOLDERS.—In designating cor- on which the application is approved, exe- lowest point of the frame, body, suspension, ridors under subsection (a), the Secretary cute a contract for the reconstruction or re- or differential to the ground.’’. shall involve, on a voluntary basis, stake- habilitation of the facility. SEC. 11021. BRIDGES REQUIRING CLOSURE OR holders that include— ‘‘(ii) PRIOR APPLICATIONS.—For an applica- LOAD RESTRICTIONS. ‘‘(1) the heads of other Federal agencies; tion that received a conditional provisional Section 144(h) of title 23, United States ‘‘(2) State and local officials; approval under this subsection before the Code, is amended— ‘‘(3) representatives of— date of enactment of the DRIVE Act, for the (1) by redesignating paragraphs (6) and (7) ‘‘(A) energy utilities; reconstruction or rehabilitation of a facility, as paragraphs (7) and (8), respectively; ‘‘(B) the electric and natural gas vehicle a State shall— (2) by inserting after paragraph (5) the fol- industries; ‘‘(I) not later than 1 year after the date of lowing: ‘‘(C) the freight and shipping industry; enactment of the DRIVE Act, issue a solici- ‘‘(6) BRIDGES REQUIRING CLOSURE OR LOAD ‘‘(D) clean technology firms; tation for a contract to provide for the re- RESTRICTIONS.— ‘‘(E) the hospitality industry; construction or rehabilitation of the facility; ‘‘(A) BRIDGES OWNED BY FEDERAL AGENCIES ‘‘(F) the restaurant industry; and and OR TRIBAL GOVERNMENTS.—If a Federal agen- ‘‘(G) highway rest stop vendors; and ‘‘(II) not later than 2 years after the date cy or tribal government fails to ensure that ‘‘(4) such other stakeholders as the Sec- of enactment of the DRIVE Act, execute a any highway bridge that is open to public retary determines to be necessary. contract for the reconstruction or rehabilita- travel and located in the jurisdiction of the ‘‘(d) REDESIGNATION.—Not later than 5 tion of the facility. Federal agency or tribal government is prop- years after the date of establishment of the ‘‘(iii) CANCELLATION OR EXTENSION.—If an erly closed or restricted to loads that the corridors under subsection (a), and every 5 applicable deadline under clause (i) or (ii) is bridge can carry safely, the Secretary— years thereafter, the Secretary shall update not met, the Secretary shall— ‘‘(i) shall, on learning of the need to close and redesignate the corridors. ‘‘(I) cancel the application approval; or or restrict loads on the bridge, require the ‘‘(e) REPORT.—During designation and re- ‘‘(II) grant an extension of not more than 1 Federal agency or tribal government to take designation of the corridors under this sec- year for the applicable deadline, on the con- action necessary— tion, the Secretary shall issue a report dition that— ‘‘(I) to close the bridge within 48 hours; or that— ‘‘(aa) there has been demonstrable progress ‘‘(II) within 30 days, to restrict public trav- ‘‘(1) identifies electric vehicle charging and toward meeting the applicable requirements; el on the bridge to loads that the bridge can natural gas fueling infrastructure and stand- and carry safely; and ardization needs for electricity providers, ‘‘(bb) the requirements are likely to be met ‘‘(ii) may, if the Federal agency or tribal natural gas providers, infrastructure pro- within 1 year. government fails to take action required viders, vehicle manufacturers, electricity ‘‘(6) LIMITATION ON THE USE OF NATIONAL under clause (i), withhold all funding author- purchasers, and natural gas purchasers; and HIGHWAY PERFORMANCE PROGRAM FUNDS.— ized under this title for the Federal agency ‘‘(2) establishes an aspirational goal of During the term of the pilot program, funds or tribal government.’’. achieving strategic deployment of electric apportioned for the national highway per- ‘‘(B) OTHER BRIDGES.—If a State fails to en- vehicle charging and natural gas fueling in- formance program under section 104(b)(1) of sure that any highway bridge, other than a frastructure in those corridors by the end of title 23, United States Code, may not be used bridge described in subparagraph (A), that is fiscal year 2021.’’. for a facility for which tolls are being col- open to public travel and is located within (b) CONFORMING AMENDMENT.—The analysis lected under the pilot program unless the the boundaries of the State is properly of chapter 1 of title 23, United States Code, funds are used for a maintenance purpose, as closed or restricted to loads the bridge can is amended by striking the item relating to defined in section 101(a) of title 23, United carry safely, the Secretary— section 151 and inserting the following: States Code.’’; ‘‘(i) shall, on learning of the need to close ‘‘151. National Electric Vehicle Charging and (6) by redesignating paragraphs (7) and (8) or restrict loads on the bridge, require the Natural Gas Fueling Cor- as paragraphs (8) and (9), respectively; State to take action necessary— ridors.’’.

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SEC. 11023. ASSET MANAGEMENT. those terms are defined in section 101 of title ‘‘(iii) INCLUSIONS.—Data collected under (a) Section 119 of title 23, United States 23, United States Code), except that such fa- this paragraph includes—’’; and Code, is amended— cility is not required to be included on an in- (2) by striking paragraph (7) and inserting (1) in subsection (f)(2)— ventory described in sections 202 or 203 of the following— (A) in subparagraph (A), by striking title 23, United States Code; ‘‘(7) COOPERATIVE RESEARCH AND TECH- ‘‘structurally deficient’’ and inserting ‘‘being (2) for which completion of activities re- NOLOGY DEPLOYMENT.—The Secretary may in poor condition’’; and quired under the National Environmental conduct cooperative research and technology (B) in subparagraph (B), by striking Policy Act of 1969 (42 U.S.C. 4321 et seq.) has deployment in coordination with Federal ‘‘structurally deficient’’ and inserting ‘‘being been demonstrated through— land management agencies, as determined in poor condition’’; and (A) a record of decision with respect to the appropriate by the Secretary. (2) by adding at the end the following: project; ‘‘(8) FUNDING.— ‘‘(h) CRITICAL INFRASTRUCTURE.— (B) a finding that the project has no sig- ‘‘(A) IN GENERAL.—To carry out the activi- ‘‘(1) DEFINITION OF CRITICAL INFRASTRUC- nificant impact; or ties described in this subsection for Federal TURE.—In this subsection, the term ‘critical (C) a determination that the project is cat- lands transportation facilities, Federal lands infrastructure’ means those facilities the in- egorically excluded; and access transportation facilities, and other capacity or failure of which would have a de- (3) having an estimated cost, based on the federally owned roads open to public travel bilitating impact on national or regional results of preliminary engineering, equal to (as that term is defined in section 125(e)), the economic security, national or regional en- or exceeding $25,000,0000, with priority con- Secretary shall combine and use not greater ergy security, national or regional public sideration given to projects with an esti- than 5 percent for each fiscal year of the health or safety, or any combination of those mated cost equal to or exceeding $50,000,000. funds authorized for programs under sections matters. (d) ELIGIBLE ACTIVITIES.— 203 and 204. ‘‘(2) DESIGNATION.—The asset management (1) IN GENERAL.—Subject to paragraph (2), ‘‘(B) OTHER ACTIVITIES.—In addition to the plan of a State developed pursuant to sub- an eligible applicant receiving funds under activities described in subparagraph (A), section (e) may include a designation of a the program may only use the funds for con- funds described under that subparagraph critical infrastructure network of facilities struction, reconstruction, and rehabilitation may be used for— from among those facilities in the State that activities. ‘‘(i) bridge inspections on any federally are eligible under subsection (c). (2) INELIGIBLE ACTIVITIES.—An eligible ap- owned bridge even if that bridge is not in- ‘‘(3) RISK REDUCTION.—A State may use plicant may not use funds received under the cluded on the inventory described under sec- funds apportioned under this section for program for activities relating to project de- tion 203; and projects intended to reduce the risk of fail- sign. ‘‘(ii) transportation planning activities ure of facilities designated as being on the (e) APPLICATIONS.—Eligible applicants carried out by Federal land management critical infrastructure network of the shall submit to the Secretary an application agencies eligible for funding under this chap- State.’’. at such time, in such form, and containing ter.’’. (b) Section 144 of title 23, United States such information as the Secretary may re- Code, is amended— quire. SEC. 11027. FEDERAL LANDS TRANSPORTATION PROGRAM. (1) in subsection (a)(1)(B), by striking ‘‘de- (f) SELECTION CRITERIA.—In selecting a ficient’’; and project to receive funds under the program, Section 203 of title 23, United States Code, (2) in subsection (b)(5), by striking ‘‘each the Secretary shall consider the extent to is amended— structurally deficient bridge’’ and inserting which the project— (1) in subsection (a)(1)— ‘‘each bridge in poor condition’’. (1) furthers the goals of the Department, (A) in subparagraph (B), by striking ‘‘oper- (c) Section 202(d) of title 23, United States including state of good repair, environ- ation’’ and inserting ‘‘capital, operations,’’; Code, is amended— mental sustainability, economic competi- and (1) in paragraph (1), by striking ‘‘defi- tiveness, quality of life, and safety; (B) in subparagraph (D), by striking ‘‘sub- cient’’; (2) improves the condition of critical paragraph (A)(iv)’’ and inserting ‘‘subpara- (2) in paragraph (2)(B), by striking ‘‘defi- multimodal transportation facilities; graph (A)(iv)(I)’’; cient’’; and (3) needs construction, reconstruction, or (2) in subsection (b)— (3) in paragraph (3)— rehabilitation; (A) in paragraph (1)(B)— (A) in subparagraph (A), by striking the (4) is included in or eligible for inclusion in (i) in clause (iv), by striking ‘‘and’’ at the semicolon at the end and inserting ‘‘; and’’; the National Register of Historic Places; end; (B) in subparagraph (B), by striking ‘‘; (5) enhances environmental ecosystems; (ii) in clause (v), by striking the period at and’’ at the end and inserting a period; and (6) uses new technologies and innovations the end and inserting a semicolon; and (C) by striking subparagraph (C). that enhance the efficiency of the project; (iii) by adding at the end the following: SEC. 11024. TRIBAL TRANSPORTATION PROGRAM (7) is supported by funds, other than the ‘‘(vi) the Bureau of Reclamation; and AMENDMENT. funds received under the program, to con- ‘‘(vii) independent Federal agencies with Section 202 of title 23, United States Code, struct, maintain, and operate the facility; natural resource and land management re- is amended— (8) spans 2 or more States; and sponsibilities.’’; and (1) in subsection (a)(6), by striking ‘‘6 per- (9) serves land owned by multiple Federal (B) in paragraph (2)(B), in the matter pre- cent’’ and inserting ‘‘5 percent’’; and agencies or Indian tribes. ceding clause (i), by inserting ‘‘performance (2) in subsection (d)(2), in the matter pre- (g) FEDERAL SHARE.—The Federal share of management, including’’ after ‘‘support’’; ceding subparagraph (A) by striking ‘‘2 per- the cost of a project shall be 95 percent. and cent’’ and inserting ‘‘3 percent’’. (h) AUTHORIZATION OF APPROPRIATIONS.— (3) in subsection (c)(2)(B), by adding at the SEC. 11025. NATIONALLY SIGNIFICANT FEDERAL There is authorized to be appropriated to end the following: LANDS AND TRIBAL PROJECTS PRO- carry out this section $150,000,000 for each of ‘‘(vi) The Bureau of Reclamation.’’. GRAM. fiscal years 2016 through 2021, to remain SEC. 11028. INNOVATIVE PROJECT DELIVERY. (a) PURPOSE.—The Secretary shall estab- available for a period of 3 fiscal years fol- Section 120(c)(3) of title 23, United States lish a nationally significant Federal lands lowing the fiscal year for which the amounts Code, is amended— and tribal projects program (referred to in were appropriated. (1) in subparagraph (A)(ii)— this section as the ‘‘program’’) to provide SEC. 11026. FEDERAL LANDS PROGRAMMATIC AC- (A) by inserting ‘‘engineering or design ap- funding to construct, reconstruct, or reha- TIVITIES. proaches,’’ after ‘‘technologies,’’; and bilitate nationally significant Federal lands Section 201(c) of title 23, United States (B) by striking ‘‘or contracting’’ and in- and tribal transportation projects. Code, is amended— serting ‘‘or contracting or project delivery’’; (b) ELIGIBLE APPLICANTS.— (1) in paragraph (6)(A)— and (1) IN GENERAL.—Except as provided in (A) by redesignating clauses (i) and (ii) as (2) in subparagraph (B)(iii), by inserting paragraph (2), entities eligible to receive subclauses (I) and (II), respectively; ‘‘and alternative bidding’’ before the semi- funds under sections 201, 202, 203, and 204 of (B) in the matter preceding subclause (I) colon at the end. title 23, United States Code, may apply for (as so redesignated), by striking ‘‘The Secre- funding under the program. taries’’ and inserting the following: SEC. 11029. OBLIGATION AND RELEASE OF (2) SPECIAL RULE.—A State, county, or unit ‘‘(i) IN GENERAL.—The Secretaries’’; FUNDS. of local government may only apply for fund- (C) by inserting a period after ‘‘tribal Section 118(c)(2) of title 23, United States ing under the program if sponsored by an eli- transportation program’’; and Code, is amended— gible Federal land management agency or (D) by striking ‘‘in accordance with’’ and (1) in the matter preceding subparagraph Indian tribe. all that follows through ‘‘including—’’ and (A), by striking ‘‘Any funds’’ and inserting (c) ELIGIBLE PROJECTS.—An eligible project inserting the following: the following: under the program shall be a single contin- ‘‘(ii) REQUIREMENT.—Data collected to im- ‘‘(A) IN GENERAL.—Any funds’’; uous project— plement the tribal transportation program (2) by redesignating subparagraphs (A) and (1) on a Federal lands transportation facil- shall be in accordance with the Indian Self- (B) as clauses (i) and (ii), respectively, and ity, a Federal lands access transportation fa- Determination and Education Assistance Act indenting appropriately; and cility, or a Tribal transportation facility (as (25 U.S.C. 450 et seq.). (3) by adding at the end the following:

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‘‘(B) SAME CLASS OF FUNDS NO LONGER AU- (2) in subparagraph (B), by striking the pe- ‘‘(ii) REQUIREMENTS.—The response shall— THORIZED.—If the same class of funds de- riod at the end and inserting ‘‘; and’’; and ‘‘(I) approve the request; scribed in subparagraph (A)(i) is no longer (3) by adding at the end the following: ‘‘(II) deny the request, with an explanation authorized in the most recent authorizing ‘‘(C) to consider and respond to comments of the reasons; or law, the funds may be credited to a similar received from participating agencies on mat- ‘‘(III) require the submission of additional class of funds, as determined by the Sec- ters within the special expertise or jurisdic- information. retary.’’. tion of the participating agencies.’’. ‘‘(iii) ADDITIONAL INFORMATION.—If addi- Subtitle B—Acceleration of Project Delivery (b) PARTICIPATING AGENCY RESPONSIBIL- tional information is submitted in accord- ITIES.—Section 139(d) of title 23, United ance with clause (ii)(III), the Secretary shall SEC. 11101. CATEGORICAL EXCLUSION FOR States Code, is amended by adding at the end respond to that submission not later than 45 PROJECTS OF LIMITED FEDERAL AS- the following: SISTANCE. days after the date of receipt.’’; and ‘‘(8) PARTICIPATING AGENCY RESPONSIBIL- Section 1317 of MAP-21 (23 U.S.C. 109 note; (3) in subsection (f)(4), by adding at the end ITIES.—An agency participating in the col- Public Law 112–141) is amended— the following: laborative environmental review process (1) in the matter preceding paragraph (1), ‘‘(E) REDUCTION OF DUPLICATION.— under this section shall— by striking ‘‘Not later than’’ and inserting ‘‘(i) IN GENERAL.—In carrying out this ‘‘(A) provide comments, responses, studies, the following: paragraph, the lead agency shall reduce du- or methodologies on those areas within the plication, to the maximum extent prac- ‘‘(a) IN GENERAL.—Not later than’’; and special expertise or jurisdiction of the Fed- (2) by adding at the end the following: ticable, between— eral participating or cooperating agency; and ‘‘(b) INFLATIONARY ADJUSTMENT.—The dol- ‘‘(I) the evaluation of alternatives under ‘‘(B) use the process to address any envi- lar amounts described in subsection (a) shall the National Environmental Policy Act of ronmental issues of concern to the partici- be adjusted for inflation— 1969 (42 U.S.C. 4321 et seq.); and pating or cooperating agency.’’. ‘‘(1) effective October 1, 2015, to reflect ‘‘(II) the evaluation of alternatives in the changes since July 1, 2012, in the Consumer SEC. 11104. INITIATION OF ENVIRONMENTAL RE- metropolitan transportation planning proc- VIEW PROCESS. ess under section 134 of title 23, United Price Index for All Urban Consumers pub- Section 139 of title 23, United States Code, lished by the Bureau of Labor Statistics of States Code, or an environmental review is amended— process carried out under State law (referred the Department of Labor; and (1) in subsection (a), by striking paragraph to in this subparagraph as a ‘State environ- ‘‘(2) effective October 1, 2016, and each suc- (6) and inserting the following: mental review process’). ceeding October 1, to reflect changes for the ‘‘(6) PROJECT.— ‘‘(ii) CONSIDERATION OF ALTERNATIVES.— preceding 12-month period in the Consumer ‘‘(A) IN GENERAL.—The term ‘project’ The lead agency may eliminate from de- Price Index for All Urban Consumers pub- means any highway project, public transpor- tailed consideration an alternative proposed lished by the Bureau of Labor Statistics of tation capital project, or multimodal project in an environmental impact statement re- the Department of Labor.’’. that, if implemented as proposed by the garding a project if, as determined by the SEC. 11102. PROGRAMMATIC AGREEMENT TEM- project sponsor, would require approval by lead agency— PLATE. any operating administration or secretarial ‘‘(I) the alternative was considered in a (a) IN GENERAL.—Section 1318 of MAP-21 (23 office within the Department. metropolitan planning process or a State en- U.S.C. 109 note; Public Law 112–141) is ‘‘(B) CONSIDERATIONS.—For purposes of this vironmental review process by a metropoli- amended by adding at the end the following: paragraph, the Secretary shall take into ac- tan planning organization or a State or local ‘‘(e) PROGRAMMATIC AGREEMENT TEM- count, if known, any sources of Federal fund- transportation agency, as applicable; PLATE.— ing or financing identified by the project ‘‘(II) the lead agency provided guidance to ‘‘(1) IN GENERAL.—The Secretary shall de- sponsor, including discretionary grant, loan, the metropolitan planning organization or velop a template programmatic agreement and loan guarantee programs administered State or local transportation agency, as ap- described in subsection (d) that provides for by the Department.’’; plicable, regarding analysis of alternatives efficient and adequate procedures for evalu- (2) in subsection (e)— in the metropolitan planning process or ating Federal actions described in section (A) in paragraph (1), by inserting ‘‘(includ- State environmental review process, includ- 771.117(c) of title 23, Code of Federal Regula- ing any additional information that the ing guidance on the requirements under the tions (as in effect on the date of enactment project sponsor considers to be important to National Environmental Policy Act of 1969 of this subsection). initiate the process for the proposed (42 U.S.C. 4321 et seq.) and any other require- ‘‘(2) USE OF TEMPLATE.—The Secretary— project)’’ after ‘‘location of the proposed ments of Federal law necessary for approval ‘‘(A) on receipt of a request from a State, project’’; and of the project; shall use the template programmatic agree- (B) by adding at the end the following: ‘‘(III) the applicable metropolitan planning ment developed under paragraph (1) in car- ‘‘(3) REVIEW OF APPLICATION.—Not later process or State environmental review proc- rying out this section; and than 45 days after the date on which an ap- ess included an opportunity for public review ‘‘(B) on consent of the applicable State, plication is received by the Secretary under and comment; may modify the template as necessary to ad- this subsection, the Secretary shall provide ‘‘(IV) the applicable metropolitan planning dress the unique needs and characteristics of to the project sponsor a written response organization or State or local transportation the State. that, as applicable— agency rejected the alternative after consid- ‘‘(3) OUTCOME MEASUREMENTS.—The Sec- ‘‘(A) describes the determination of the ering public comments; retary shall establish a method to verify Secretary— ‘‘(V) the Federal lead agency independ- that actions described in section 771.117(c) of ‘‘(i) to initiate the environmental review ently reviewed the alternative evaluation title 23, Code of Federal Regulations (as in process, including a timeline and an ex- approved by the applicable metropolitan effect on the date of enactment of this sub- pected date for the publication in the Fed- planning organization or State or local section), are evaluated and documented in a eral Register of the relevant notice of intent; transportation agency; and consistent manner by the State that uses the or ‘‘(VI) the Federal lead agency has deter- template programmatic agreement under ‘‘(ii) to decline the application, including mined— this subsection.’’. an explanation of the reasons for that deci- ‘‘(aa) in consultation with Federal partici- (b) CATEGORICAL EXCLUSION DETERMINA- sion; or pating or cooperating agencies, that the al- TIONS.—Not later than 30 days after the date ‘‘(B) requests additional information, and ternative to be eliminated from consider- of enactment of this Act, the Secretary shall provides to the project sponsor an account- ation is not necessary for compliance with revise section 771.117(g) of title 23, Code of ing, regarding what is necessary to initiate the National Environmental Policy Act of Federal Regulations, to allow a pro- the environmental review process. 1969 (42 U.S.C. 4321 et seq.); or grammatic agreement under this section to ‘‘(4) REQUEST TO DESIGNATE A LEAD AGEN- ‘‘(bb) with the concurrence of Federal include responsibility for making categorical CY.— agencies with jurisdiction over a permit or exclusion determinations— ‘‘(A) IN GENERAL.—Any project sponsor approval required for a project, that the al- (1) for actions described in subsections (c) may submit a request to the Secretary to ternative to be eliminated from consider- and (d) of section 771.117 of title 23, Code of designate a specific operating administra- ation is not necessary for any permit or ap- Federal Regulations; and tion or secretarial office within the Depart- proval under any other Federal law.’’. (2) that meet the criteria for a categorical ment of Transportation to serve as the Fed- SEC. 11105. IMPROVING COLLABORATION FOR exclusion under section 1508.4 of title 40, eral lead agency for a project. ACCELERATED DECISION MAKING. Code of Federal Regulations (as in effect on ‘‘(B) PROPOSED SCHEDULE.—A request under (a) COORDINATION AND SCHEDULING.—Sec- the date of enactment of this Act), and are subparagraph (A) may include a proposed tion 139(g)(1)(B)(i) of title 23, United States identified in the programmatic agreement. schedule for completing the environmental Code, is amended— SEC. 11103. AGENCY COORDINATION. review process. (1) by striking ‘‘The lead agency’’ and in- (a) ROLES AND RESPONSIBILITY OF LEAD ‘‘(C) SECRETARIAL ACTION.— serting ‘‘For a project requiring an environ- AGENCY.—Section 139(c)(6) of title 23, United ‘‘(i) IN GENERAL.—If a request under sub- mental impact statement or environmental States Code, is amended— paragraph (A) is received, the Secretary assessment, the lead agency’’; and (1) in subparagraph (A), by striking ‘‘and’’ shall respond to the request not later than 45 (2) by striking ‘‘may’’ and inserting at the end; days after the date of receipt. ‘‘shall’’.

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(b) ISSUE IDENTIFICATION AND RESOLU- projects and activities requiring an environ- ‘‘(C) the purpose and the need for the pro- TION.—Section 139(h) of title 23, United mental assessment or an environmental im- posed action; States Code, is amended— pact statement. ‘‘(D) preliminary screening of alternatives (1) in paragraph (4)(C), by striking ‘‘para- ‘‘(2) FEDERAL AGENCY PARTICIPATION.—A and elimination of unreasonable alter- graph (5) and’’ and inserting ‘‘paragraph (5)’’; Federal agency of jurisdiction over a review, natives; (2) in paragraph (5)(A)(ii)(I), by inserting ‘‘, approval, or permit described in paragraph ‘‘(E) a basic description of the environ- including modifications to the project sched- (1) shall provide status information in ac- mental setting; ule’’ after ‘‘review process’’; and cordance with the standards established by ‘‘(F) a decision with respect to methodolo- (3) in paragraph (6)(B), by striking clause the Secretary under paragraph (1). gies for analysis; and (ii) and inserting the following: ‘‘(3) STATE RESPONSIBILITIES.—A State that ‘‘(G) an identification of programmatic ‘‘(ii) DESCRIPTION OF DATE.—The date re- is assigned and assumes responsibilities level mitigation for potential impacts of ferred to in clause (i) is 1 of the following: under section 326 or 327 shall provide applica- transportation projects, including— ‘‘(I) The date that is 30 days after the date ble status information in accordance with ‘‘(i) measures to avoid, minimize, and miti- for rendering a decision as described in the standards established by the Secretary under gate impacts at a regional or national scale; project schedule established pursuant to sub- paragraph (1).’’. ‘‘(ii) investments in regional ecosystem section (g)(1)(B). SEC. 11108. INTEGRATION OF PLANNING AND EN- and water resources; and ‘‘(II) If no schedule exists, the later of— VIRONMENTAL REVIEW. ‘‘(iii) a programmatic mitigation plan de- ‘‘(aa) the date that is 180 days after the Section 168 of title 23, United States Code, veloped in accordance with section 169. date on which an application for the permit, is amended to read as follows: ‘‘(2) PLANNING ANALYSES.—The lead agency license or approval is complete; or ‘‘§ 168. Integration of planning and environ- in the environmental review process may ‘‘(bb) the date that is 180 days after the mental review adopt analyses from a planning product, in- date on which the Federal lead agency issues cluding— ‘‘(a) DEFINITIONS.—In this section, the fol- a decision on the project under the National lowing definitions apply: ‘‘(A) travel demands; Environmental Policy Act of 1969 (42 U.S.C. ‘‘(B) regional development and growth; ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The 4321 et seq.). term ‘environmental review process’ means ‘‘(C) local land use, growth management, ‘‘(III) A modified date consistent with sub- the process for preparing for a project an en- and development; section (g)(1)(D).’’. vironmental impact statement, environ- ‘‘(D) population and employment; SEC. 11106. ACCELERATED DECISIONMAKING IN mental assessment, categorical exclusion, or ‘‘(E) natural and built environmental con- ENVIRONMENTAL REVIEWS. other document prepared under the National ditions; (a) IN GENERAL.—Section 139 of title 23, Environmental Policy Act of 1969 (42 U.S.C. ‘‘(F) environmental resources and environ- United States Code, is amended by adding at 4321 et seq.). mentally sensitive areas; ‘‘(G) potential environmental effects, in- the end the following: ‘‘(2) LEAD AGENCY.—The term ‘lead agency’ ‘‘(n) ACCELERATED DECISIONMAKING IN ENVI- has the meaning given the term in section cluding the identification of resources of RONMENTAL REVIEWS.— 139(a). concern and potential indirect and cumu- lative effects on those resources; and ‘‘(1) IN GENERAL.—In preparing a final envi- ‘‘(3) PLANNING PRODUCT.—The term ‘plan- ronmental impact statement under the Na- ning product’ means a decision, analysis, ‘‘(H) mitigation needs for a proposed ac- tional Environmental Policy Act of 1969 (42 study, or other documented information that tion, or for programmatic level mitigation, U.S.C. 4321 et seq.), if the lead agency modi- is the result of an evaluation or decision- for potential effects that the Federal lead fies the statement in response to comments making process carried out by a metropoli- agency determines are most effectively ad- that are minor and are confined to factual tan planning organization or a State, as ap- dressed at a regional or national program corrections or explanations regarding why propriate, during metropolitan or statewide level. the comments do not warrant additional transportation planning under section 134 or ‘‘(d) CONDITIONS.—The lead agency in the agency response, the lead agency may write 135, respectively. environmental review process may adopt and on errata sheets attached to the statement ‘‘(4) PROJECT.—The term ‘project’ has the use a planning product under this section if instead of rewriting the draft statement, meaning given the term in section 139(a). the lead agency determines, with the concur- subject to the condition that the errata ‘‘(b) ADOPTION OF PLANNING PRODUCTS FOR rence of other participating agencies with sheets shall— USE IN NEPA PROCEEDINGS.— relevant expertise and project sponsors, as ‘‘(A) cite the sources, authorities, or rea- ‘‘(1) IN GENERAL.—Subject to subsection appropriate, that the following conditions sons that support the position of the lead (d), the Federal lead agency for a project have been met: agency; and may adopt and use a planning product in ‘‘(1) The planning product was developed ‘‘(B) if appropriate, indicate the cir- proceedings relating to any class of action in through a planning process conducted pursu- cumstances that would trigger agency re- the environmental review process of the ant to applicable Federal law. appraisal or further response. project. ‘‘(2) The planning product was developed in ‘‘(2) INCORPORATION.—To the maximum ex- ‘‘(2) IDENTIFICATION.—If the Federal lead consultation with appropriate Federal and tent practicable, the lead agency shall expe- agency makes a determination to adopt and State resource agencies and Indian tribes. ditiously develop a single document that use a planning product, the Federal lead ‘‘(3) The planning process included broad consists of a final environmental impact agency shall identify the agencies that par- multidisciplinary consideration of systems- statement and a record of decision, unless— ticipated in the development of the planning level or corridor-wide transportation needs ‘‘(A) the final environmental impact state- products. and potential effects, including effects on ment makes substantial changes to the pro- ‘‘(3) PARTIAL ADOPTION OF PLANNING PROD- the human and natural environment. posed action that are relevant to environ- UCTS.—The Federal lead agency may— ‘‘(4) The planning process included public mental or safety concerns; or ‘‘(A) adopt an entire planning product notice that the planning products produced ‘‘(B) there are significant new cir- under paragraph (1); or in the planning process may be adopted dur- cumstances or information that— ‘‘(B) select portions of a planning project ing a subsequent environmental review proc- ‘‘(i) are relevant to environmental con- under paragraph (1) for adoption. ess in accordance with this section. cerns; and ‘‘(4) TIMING.—A determination under para- ‘‘(5) During the environmental review proc- ‘‘(ii) bear on the proposed action or the im- graph (1) with respect to the adoption of a ess, the lead agency has— pacts of the proposed action.’’. planning product may— ‘‘(A) made the planning documents avail- (b) REPEAL.—Section 1319 of MAP–21 (42 ‘‘(A) be made at the time the lead agencies able for public review and comment; U.S.C. 4332a) is repealed. decide the appropriate scope of environ- ‘‘(B) provided notice of the intention of the SEC. 11107. IMPROVING TRANSPARENCY IN ENVI- mental review for the project; or lead agency to adopt the planning product; RONMENTAL REVIEWS. ‘‘(B) occur later in the environmental re- and Section 139 of title 23, United States Code view process, as appropriate. ‘‘(C) considered any resulting comments. (as amended by section 11106(a)), is amended ‘‘(c) APPLICABILITY.— ‘‘(6) There is no significant new informa- by adding at the end the following: ‘‘(1) PLANNING DECISIONS.—The lead agency tion or new circumstance that has a reason- ‘‘(o) REVIEWS, APPROVALS, AND PERMITTING in the environmental review process may able likelihood of affecting the continued va- PLATFORM.— adopt decisions from a planning product, in- lidity or appropriateness of the planning ‘‘(1) IN GENERAL.—Not later than 2 years cluding— product. after the date of enactment of this sub- ‘‘(A) whether tolling, private financial as- ‘‘(7) The planning product has a rational section, the Secretary shall establish an on- sistance, or other special financial measures basis and is based on reliable and reasonably line platform and, in coordination with agen- are necessary to implement the project; current data and reasonable and scientif- cies described in paragraph (2), issue report- ‘‘(B) a decision with respect to general ically acceptable methodologies. ing standards to make publicly available the travel corridor or modal choice, including a ‘‘(8) The planning product is documented in status of reviews, approvals, and permits re- decision to implement corridor or subarea sufficient detail to support the decision or quired for compliance with the National En- study recommendations to advance different the results of the analysis and to meet re- vironmental Policy Act of 1969 (42 U.S.C. 4321 modal solutions as separate projects with quirements for use of the information in the et seq.) or other applicable Federal laws for independent utility; environmental review process.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5946 CONGRESSIONAL RECORD — SENATE July 27, 2015 ‘‘(9) The planning product is appropriate (1) in subsection (c)— respect to a project’’ and inserting ‘‘oper- for adoption and use in the environmental (A) by redesignating paragraphs (2) ating administration or secretarial office review process for the project and is incor- through (4) as paragraphs (3) through (5), re- that has expertise but is not the lead author- porated in accordance with the National En- spectively; and ity with respect to a proposed multimodal vironmental Policy Act of 1969 (42 U.S.C. 4321 (B) by inserting after paragraph (1) the fol- project’’; and et seq.) and section 1502.21 of title 40, Code of lowing: (B) by striking paragraph (2) and inserting Federal Regulations (as in effect on the date ‘‘(2) ASSISTANCE TO STATES.—On request of the following: of enactment of the DRIVE Act). a Governor of a State, the Secretary shall ‘‘(2) LEAD AUTHORITY.—The term ‘lead au- ‘‘(e) EFFECT OF ADOPTION.—Any planning provide to the State technical assistance, thority’ means a Department of Transpor- product adopted by the Federal lead agency training, or other support relating to— tation operating administration or secre- in accordance with this section may be— ‘‘(A) assuming responsibility under sub- tarial office that has the lead responsibility ‘‘(1) incorporated directly into an environ- section (a); for compliance with the National Environ- mental review process document or other en- ‘‘(B) developing a memorandum of under- mental Policy Act of 1969 (42 U.S.C. 4321 et vironmental document; and standing under this subsection; or seq.) for a proposed multimodal project.’’; ‘‘(2) relied on and used by other Federal ‘‘(C) addressing a responsibility in need of (2) in subsection (b), by striking ‘‘under agencies in carrying out reviews of the corrective action under subsection this title’’ and inserting ‘‘by the Secretary of project. (d)(1)(B).’’; and Transportation’’; ‘‘(f) RULES OF CONSTRUCTION.— (2) in subsection (d), by striking paragraph (3) in subsection (c)— ‘‘(1) IN GENERAL.—This section does not (1) and inserting the following: (A) in the matter preceding paragraph (1)— make the environmental review process ap- ‘‘(1) TERMINATION BY SECRETARY.—The Sec- (i) by striking ‘‘a categorical exclusion plicable to the transportation planning proc- retary may terminate the participation of designated under the implementing regula- ess conducted under this title and chapter 53 any State in the program, if— tions or’’ and inserting ‘‘a categorical exclu- of title 49. ‘‘(A) the Secretary determines that the sion designated under the National Environ- ‘‘(2) TRANSPORTATION PLANNING ACTIVI- State is not adequately carrying out the re- mental Policy Act of 1969 (42 U.S.C. 4321 et TIES.—Initiation of the environmental re- sponsibilities assigned to the State; seq.) implementing regulations or’’; and view process as a part of, or concurrently ‘‘(B) the Secretary provides to the State— (ii) by striking ‘‘other components of the’’ with, transportation planning activities does ‘‘(i) a notification of the determination of and inserting ‘‘a proposed multimodal’’; and not subject transportation plans and pro- noncompliance; (B) by striking paragraphs (1) through (5) grams to the environmental review process. ‘‘(ii) a period of not less than 120 days to and inserting the following: ‘‘(3) PLANNING PRODUCTS.—This section take such corrective action as the Secretary ‘‘(1) the lead authority makes a determina- does not affect the use of planning products determines to be necessary to comply with tion, in consultation with the cooperating in the environmental review process pursu- the applicable agreement; and authority, on the applicability of a categor- ant to other authorities under any other pro- ‘‘(iii) on request of the Governor of the ical exclusion to a proposed multimodal vision of law or restrict the initiation of the State, a detailed description of each respon- project; environmental review process during plan- sibility in need of corrective action regard- ‘‘(2) the cooperating authority does not ob- ning.’’. ing an inadequacy identified under subpara- ject to the determination of the lead author- SEC. 11109. USE OF PROGRAMMATIC MITIGATION graph (A); and ity of the applicability of a categorical ex- PLANS. ‘‘(C) the State, after the notification and clusion; Section 169(f) of title 23, United States period described in clauses (i) and (ii) of sub- ‘‘(3) the lead authority determines that the Code, is amended— paragraph (B), fails to take satisfactory cor- component of the proposed multimodal (1) by striking ‘‘may use’’ and inserting rective action, as determined by the Sec- project to be covered by the categorical ex- ‘‘shall consider’’; and retary.’’. clusion of the cooperating authority has (2) by inserting ‘‘or other Federal environ- independent utility; and mental law’’ before the period at the end. SEC. 11112. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM. ‘‘(4) the lead authority determines that— SEC. 11110. ADOPTION OF DEPARTMENTAL ENVI- Section 327(j) of title 23, United States ‘‘(A) the proposed multimodal project does RONMENTAL DOCUMENTS. Code, is amended by striking paragraph (1) not individually or cumulatively have a sig- (a) IN GENERAL.—Title 49, United States and inserting the following: nificant impact on the environment; and Code, is amended by inserting after section ‘‘(B) extraordinary circumstances do not 306 the following: ‘‘(1) TERMINATION BY SECRETARY.—The Sec- retary may terminate the participation of exist that merit additional analysis and doc- ‘‘§ 307. Adoption of Departmental environ- any State in the program if— umentation in an environmental impact mental documents ‘‘(A) the Secretary determines that the statement or environmental assessment re- ‘‘(a) IN GENERAL.—An operating adminis- State is not adequately carrying out the re- quired under the National Environmental tration or secretarial office within the De- sponsibilities assigned to the State; Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’; partment may adopt any draft environ- ‘‘(B) the Secretary provides to the State— and mental impact statement, final environ- ‘‘(i) a notification of the determination of (4) by striking subsection (d) and inserting mental impact statement, environmental as- noncompliance; the following: sessment, or any other document issued ‘‘(ii) a period of not less than 120 days to ‘‘(d) COOPERATIVE AUTHORITY EXPERTISE.— under the National Environmental Policy A cooperating authority shall provide exper- take such corrective action as the Secretary Act of 1969 (42 U.S.C. 4321 et seq.) by another tise to the lead authority on aspects of the determines to be necessary to comply with operating administration or secretarial of- multimodal project in which the cooperating the applicable agreement; and fice within the Department— authority has expertise.’’. ‘‘(1) without recirculating the document ‘‘(iii) on request of the Governor of the State, a detailed description of each respon- SEC. 11114. MODERNIZATION OF THE ENVIRON- (except that a final environmental impact MENTAL REVIEW PROCESS. sibility in need of corrective action regard- statement shall be recirculated prior to (a) IN GENERAL.—Not later than 180 days adoption); and ing an inadequacy identified under subpara- after the date of enactment of this Act, the ‘‘(2) if the operating administration or sec- graph (A); and Secretary shall examine ways to modernize, retarial office adopting the document cer- ‘‘(C) the State, after the notification and simplify, and improve the implementation of tifies that the project is substantially the period provided under subparagraph (B), fails the National Environmental Policy Act of same as the project reviewed under the docu- to take satisfactory corrective action, as de- 1969 (42 U.S.C. 4231 et seq.) by the Depart- ment to be adopted. termined by the Secretary.’’. ment. ‘‘(b) COOPERATING AGENCY.—An adopting SEC. 11113. CATEGORICAL EXCLUSIONS FOR (b) INCLUSIONS.—In carrying out subsection operating administration or secretarial of- MULTIMODAL PROJECTS. (a), the Secretary shall consider— fice that was a cooperating agency and cer- (a) MULTIMODAL PROJECT DEFINED.—Sec- (1) the use of technology in the process, tifies that the project is substantially the tion 139(a) of title 23, United States Code, is such as— same as the project reviewed under the docu- amended by striking paragraph (5) and in- (A) searchable databases; ment to be adopted and that its comments serting the following: (B) geographic information system map- and suggestions have been addressed may ‘‘(5) MULTIMODAL PROJECT.—The term ping tools; adopt a document described in subsection (a) ‘multimodal project’ means a project that (C) integration of those tools with fiscal without recirculating the document.’’. requires approval by more than 1 Depart- management systems to provide more de- (b) CONFORMING AMENDMENT.—The analysis ment of Transportation operating adminis- tailed data; and for chapter 3 of title 49, United States Code, tration or secretarial office.’’. (D) other innovative technologies; is amended by striking the item relating to (b) APPLICATION OF CATEGORICAL EXCLU- (2) ways to prioritize use of programmatic section 307 and inserting the following: SIONS FOR MULTIMODAL PROJECTS.—Section environmental impact statements; ‘‘Sec. 307. Adoption of Departmental envi- 304 of title 49, United States Code, is amend- (3) methods to encourage cooperating agen- ronmental documents.’’. ed— cies to present analyses in a concise format; SEC. 11111. TECHNICAL ASSISTANCE FOR STATES. (1) in subsection (a)— and Section 326 of title 23, United States Code, (A) in paragraph (1), by striking ‘‘operating (4) any other improvements that can be is amended— authority that is not the lead authority with made to modernize process implementation.

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(c) REPORT.—Not later than 1 year after no feasible and prudent alternative exists as may provide to the applicable preservation the date of enactment of this Act, the Sec- described in paragraph (2), the Secretary officer, the Council, and the Secretary of the retary shall submit to the Committee on En- may provide to the applicable preservation Interior notice of the intent of the Secretary vironment and Public Works of the Senate officer, the Council, and the Secretary of the to satisfy the requirements of subsection and the Committee on Transportation and Interior notice of the intent of the Secretary (c)(2) through the consultation requirements Infrastructure of the House of Representa- to satisfy the requirements of subsection of section 306108 of title 54. tives a report describing the results of the (a)(2) through the consultation requirements ‘‘(B) SATISFACTION OF CONDITIONS.—To sat- review carried out under subsection (a). of section 306108 of title 54. isfy the requirements of subsection (c)(2), SEC. 11115. SERVICE CLUB, CHARITABLE ASSO- ‘‘(B) SATISFACTION OF CONDITIONS.—To sat- the applicable preservation officer, the Coun- CIATION, OR RELIGIOUS SERVICE isfy the requirements of subsection (a)(2), cil, and the Secretary of the Interior shall SIGNS. each individual described in paragraph concur in the treatment of the applicable Notwithstanding section 131 of title 23, (2)(A)(ii) shall concur in the treatment of the historic site described in the memorandum United States Code, and part 750 of title 23, applicable historic site described in the of agreement or programmatic agreement Code of Federal Regulations (or successor memorandum of agreement or programmatic developed under section 306108 of title 54.’’. regulations), a State may allow the mainte- agreement developed under section 306108 of nance of a sign of a service club, charitable SEC. 11117. BRIDGE EXEMPTION FROM CONSID- title 54.’’. ERATION UNDER CERTAIN PROVI- association, or religious service that was (b) PUBLIC TRANSPORTATION.—Section 303 SIONS. erected as of the date of enactment of this of title 49, United States Code, is amended— (a) PRESERVATION OF PARKLANDS.—Section Act, the area of which is less than or equal (1) in subsection (c), in the matter pre- 138 of title 23, United States Code, as amend- to 32 square feet, if the State notifies the ceding paragraph (1), by striking ‘‘subsection ed by section 11116, is amended by adding at Federal Highway Administration. (d)’’ and inserting ‘‘subsections (d) and (e)’’; the end the following: SEC. 11116. SATISFACTION OF REQUIREMENTS and ‘‘(d) BRIDGE EXEMPTION FROM CONSIDER- FOR CERTAIN HISTORIC SITES. (2) by adding at the end the following: ATION.—A common post-1945 concrete or (a) HIGHWAYS.—Section 138 of title 23, ‘‘(e) SATISFACTION OF REQUIREMENTS FOR steel bridge or culvert (as described in 77 United States Code, is amended by adding at CERTAIN HISTORIC SITES.— Fed. Reg. 68790) that is exempt from indi- the end the following: ‘‘(1) IN GENERAL.—The Secretary shall— vidual review under section 306108 of title 54, ‘‘(c) SATISFACTION OF REQUIREMENTS FOR ‘‘(A) align, to the maximum extent prac- United States Code, shall be exempt from CERTAIN HISTORIC SITES.— ticable, the requirements of this section with consideration under this section.’’. ‘‘(1) IN GENERAL.—The Secretary shall— the requirements of the National Environ- (b) POLICY ON LANDS, WILDLIFE AND WATER- ‘‘(A) align, to the maximum extent prac- mental Policy Act of 1969 (42 U.S.C. 4231 et FOWL REFUGES, AND HISTORIC SITES.—Section ticable, with the requirements of the Na- seq.) and section 306108 of title 54, including 303 of title 49, United States Code, as amend- tional Environmental Policy Act of 1969 (42 implementing regulations; and ed by section 11116, is amended by adding at U.S.C. 4231 et seq.) and section 306108 of title ‘‘(B) not later than 90 days after the date of the end the following: 54, including implementing regulations; and enactment of this subsection, coordinate ‘‘(f) BRIDGE EXEMPTION FROM CONSIDER- ‘‘(B) not later than 90 days after the date of with the Secretary of the Interior and the ATION.—A common post-1945 concrete or enactment of this subsection, coordinate Executive Director of the Advisory Council steel bridge or culvert (as described in 77 with the Secretary of the Interior and the on Historic Preservation (referred to in this Fed. Reg. 68790) that is exempt from indi- Executive Director of the Advisory Council subsection as the ‘Council’) to establish pro- vidual review under section 306108 of title 54, on Historic Preservation (referred to in this cedures to satisfy the requirements described United States Code, shall be exempt from subsection as the ‘Council’) to establish pro- in subparagraph (A) (including regulations). consideration under this section.’’. cedures to satisfy the requirements described ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— SEC. 11118. ELIMINATION OF BARRIERS TO IM- in subparagraph (A) (including regulations). ‘‘(A) IN GENERAL.—If, in an analysis re- PROVE AT-RISK BRIDGES. ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— quired under the National Environmental (a) TEMPORARY AUTHORIZATION.— ‘‘(A) IN GENERAL.—If, in an analysis re- Policy Act of 1969 (42 U.S.C. 4231 et seq.), the (1) IN GENERAL.—Until the Secretary of the quired under the National Environmental Secretary determines that there is no fea- Interior takes the action described in sub- Policy Act of 1969 (42 U.S.C. 4231 et seq.), the sible or prudent alternative to avoid use of section (b), the take of nesting swallows to Secretary determines that there is no fea- an historic site, the Secretary may— facilitate a construction project on a bridge sible or prudent alternative to avoid use of ‘‘(i) include the determination of the Sec- eligible for funding under title 23, United an historic site, the Secretary may— retary in the analysis required under that States Code, with any component condition ‘‘(i) include the determination of the Sec- Act; rating of 3 or less (as defined by the National retary in the analysis required under that ‘‘(ii) provide a notice of the determination Bridge Inventory General Condition Guid- Act; to— ance issued by the Federal Highway Admin- ‘‘(ii) provide a notice of the determination ‘‘(I) each applicable State historic preser- istration) is authorized under the Migratory to— vation officer and tribal historic preserva- Bird Treaty Act (16 U.S.C. 703 et seq.) be- ‘‘(I) each applicable State historic preser- tion officer; tween April 1 and August 31. vation officer and tribal historic preserva- ‘‘(II) the Council, if the Council is partici- (2) MEASURES TO MINIMIZE IMPACTS.— tion officer; pating in the consultation process under sec- (A) NOTIFICATION BEFORE TAKING.—Prior to ‘‘(II) the Council, if the Council is partici- tion 306108 of title 54; and the taking of nesting swallows authorized pating in the consultation process under sec- ‘‘(III) the Secretary of the Interior; and under paragraph (1), any person taking that tion 306108 of title 54; and ‘‘(iii) request from the applicable preserva- action shall submit to the Secretary of the ‘‘(III) the Secretary of the Interior; and tion officer, the Council, and the Secretary Interior a document that contains— ‘‘(iii) request from the applicable preserva- of the Interior a concurrence that the deter- (i) the name of the person acting under the tion officer, the Council, and the Secretary mination is sufficient to satisfy the require- authority of paragraph (1) to take nesting of the Interior a concurrence that the deter- ment of subsection (c)(1). swallows; mination is sufficient to satisfy the require- ‘‘(B) CONCURRENCE.—If the applicable pres- (ii) a list of practicable measures that will ment of subsection (a)(1). ervation officer, the Council, and the Sec- be undertaken to minimize or mitigate sig- ‘‘(B) CONCURRENCE.—If the applicable pres- retary of the Interior each provide a concur- nificant adverse impacts on the population ervation officer, the Council, and the Sec- rence requested under subparagraph (A)(iii), of that species; retary of the Interior each provide a concur- no further analysis under subsection (a)(1) (iii) the time period during which activi- rence requested under subparagraph (A)(iii), shall be required. ties will be carried out that will result in the no further analysis under subsection (a)(1) ‘‘(C) PUBLICATION.—A notice of a deter- taking of that species; and shall be required. mination, together with each relevant con- (iv) an estimate of the number of birds, by ‘‘(C) PUBLICATION.—A notice of a deter- currence to that determination, under sub- species, to be taken in the proposed action. mination, together with each relevant con- paragraph (A) shall be— (B) NOTIFICATION AFTER TAKING.—Not later currence to that determination, under sub- ‘‘(i) included in the record of decision or than 60 days after the taking of nesting swal- paragraph (A) shall be— finding of no significant impact of the Sec- lows authorized under paragraph (1), any per- ‘‘(i) included in the record of decision or retary; and son taking that action shall submit to the finding of no significant impact of the Sec- ‘‘(ii) posted on an appropriate Federal Secretary of the Interior a document that retary; and website by not later than 3 days after the contains the number of birds, by species, ‘‘(ii) posted on an appropriate Federal date of receipt by the Secretary of all con- taken in the action. website by not later than 3 days after the currences requested under subparagraph (b) AUTHORIZATION OF TAKE.— date of receipt by the Secretary of all con- (A)(iii). (1) IN GENERAL.—The Secretary of the Inte- currences requested under subparagraph ‘‘(3) ALIGNING HISTORICAL REVIEWS.— rior, in consultation with the Secretary, (A)(iii). ‘‘(A) IN GENERAL.—If the Secretary, the ap- shall promulgate a regulation under the au- ‘‘(3) ALIGNING HISTORICAL REVIEWS.— plicable preservation officer, the Council, thority of section 3 of the Migratory Bird ‘‘(A) IN GENERAL.—If the Secretary, the ap- and the Secretary of the Interior concur that Treaty Act (16 U.S.C. 704) authorizing the plicable preservation officer, the Council, no feasible and prudent alternative exists as take of nesting swallows to facilitate bridge and the Secretary of the Interior concur that described in paragraph (2), the Secretary repair, maintenance, or construction—

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5948 CONGRESSIONAL RECORD — SENATE July 27, 2015 (A) without individual permit require- (1) collected by a State— ‘‘(C) 62,000 pounds on a tandem axle; or ments; and (A) for the registration of a vehicle that ‘‘(D) 52,000 pounds on a tandem rear drive (B) under terms and conditions determined operates solely on a fuel that is not subject steer axle. to be consistent with treaties relating to mi- to a Federal tax; and ‘‘(o) OPERATION OF CERTAIN SPECIALIZED gratory birds that protect swallow species (B) not sooner than the second registration VEHICLES ON CERTAIN HIGHWAYS IN THE STATE occurring in the United States. period following the purchase of the vehicle; OF ARKANSAS.—If any segment of United (2) TERMINATION.—On the effective date of and States Route 63 between the exits for high- a final rule under this subsection by the Sec- (2) that do not exceed, for a vehicle de- ways 14 and 75 in the State of Arkansas is retary of the Interior, subsection (a) shall scribed in paragraph (1), an annual amount designated as part of the Interstate Sys- have no force or effect. determined by the Secretary to be equal to tem— (c) SUSPENSION OR WITHDRAWAL OF TAKE the annual amount paid for Federal motor ‘‘(1) a vehicle that could legally operate on AUTHORIZATION.—If the Secretary of the In- fuels taxes on the fuel used by an average the segment before the date of the designa- terior, in consultation with the Secretary, passenger car fueled solely by gasoline. tion at the posted speed limit may continue determines that taking of nesting swallows (b) CREDIT.— to operate on that segment; and carried out under the authority provided in (1) IN GENERAL.—Subject to paragraph (2), ‘‘(2) a vehicle that can only travel below subsection (a)(1) is having a significant ad- if a State contributes qualified revenues to the posted speed limit on the segment that verse impact on swallow populations, the cover not less than 5 percent of the total could otherwise legally operate on the seg- Secretary of the Interior may suspend that cost of a project eligible for assistance under ment before the date of the designation may authority through publication in the Federal this title, the Federal share payable for the continue to operate on that segment during Register. project under this section may be increased daylight hours.’’. SEC. 11119. AT-RISK PROJECT PREAGREEMENT by an amount that is— SEC. 11204. HIGH PRIORITY CORRIDORS ON THE AUTHORITY. (A) equal to the percent of the total cost of NATIONAL HIGHWAY SYSTEM. (a) DEFINITION OF PRELIMINARY ENGINEER- the project from contributed qualified reve- Section 1105 of the Intermodal Surface ING.—In this section, the term ‘‘preliminary nues; but engineering’’ means allowable Transportation Efficiency Act of 1991 (105 (B) not more than 5 percent of the total Stat. 2031) is amended— preconstruction project development and en- cost of the project. gineering costs. (1) in subsection (c) (105 Stat. 2032; 112 Stat. (2) EXPIRATION.—The authorization of an (b) AT-RISK PROJECT PREAGREEMENT AU- 190; 119 Stat. 1213)— increased Federal share for a project pursu- THORITY.—A recipient or subrecipient of Fed- (A) by striking paragraph (13) and insert- ant to paragraph (1) expires on September 30, eral-aid funds under title 23, United States ing the following: 2023. Code, may— ‘‘(13) Raleigh-Norfolk Corridor from Ra- (c) STUDY.— (1) incur preliminary engineering costs for leigh, North Carolina, through Rocky (1) IN GENERAL.—Before the expiration date an eligible project under title 23, United Mount, Williamston and Elizabeth City, of the credit under subsection (b)(2), the Sec- States Code, before receiving project author- North Carolina, to Norfolk, Virginia.’’; retary, in coordination with other appro- ization from the State, in the case of a sub- (B) in paragraph (18)(D)— priate Federal agencies, shall submit to the recipient, and the Secretary to proceed with (i) in clause (ii), by striking ‘‘and’’ at the Committee on Environment and Public the project; and end; Works of the Senate and the Committee on (2) request reimbursement of applicable (ii) in clause (iii), by striking the period at Transportation and Infrastructure of the Federal funds after the project authorization the end and inserting ‘‘; and’’; and House of Representatives a report that de- is received. (iii) by adding at the end the following: (c) ELIGIBILITY.—The Secretary may reim- scribes the most efficient and equitable ‘‘(iv) include Texas State Highway 44 from burse preliminary engineering costs incurred means of taxing motor vehicle fuels not sub- United States Route 59 at Freer, Texas, to by a recipient or subrecipient under sub- ject to a Federal tax as of the date of sub- Texas State Highway 358.’’; and section (b)— mission of the report. (C) by striking paragraph (68) and inserting (1) if the costs meet all applicable require- (2) REQUIREMENT.—The means described in the following: ments under title 23, United States Code, at the report under paragraph (1) shall parallel, ‘‘(68) The Washoe County Corridor and the the time the costs are incurred and the Sec- as closely as practicable, the structure of Intermountain West Corridor shall generally retary concurs that the requirements have other Federal taxes on motor fuels. follow: been met; SEC. 11202. JUSTIFICATION REPORTS FOR AC- ‘‘(A) in the case of the Washoe County Cor- (2) in the case of a project located within a CESS POINTS ON THE INTERSTATE ridor, along Interstate Route 580/United designated nonattainment or maintenance SYSTEM. States Route 95/United States Route 95A, area for air quality, if the conformity re- Section 111(e) of title 23, United States from Reno, Nevada, to Las Vegas, Nevada; quirements of the Clean Air Act (42 U.S.C. Code, is amended by inserting ‘‘(including and 7401 et seq.) have been met; and new or modified freeway-to-crossroad inter- ‘‘(B) in the case of the Intermountain West (3) if the costs would have been allowable if changes inside a transportation management Corridor, from the vicinity of Las Vegas ex- incurred after the date of the project author- area)’’ after ‘‘the Interstate System’’. tending north along United States Route 95, ization by the Department. SEC. 11203. EXEMPTIONS. terminating at Interstate Route 80.’’; and (d) AT-RISK.—A recipient or subrecipient Section 127 of title 23, United States Code, (D) by adding at the end the following: that elects to use the authority provided is amended by adding at the end the fol- ‘‘(81) United States Route 117/Interstate under this section shall— lowing: Route 795 from United States Route 70 in (1) assume all risk for preliminary engi- ‘‘(m) NATURAL GAS VEHICLES.—A vehicle, if Goldsboro, Wayne County, North Carolina, neering costs incurred prior to project au- operated by an engine fueled primarily by to Interstate Route 40 west of Faison, Samp- thorization; and natural gas, may exceed any vehicle weight son County, North Carolina. (2) be responsible for ensuring and dem- limit (up to a maximum gross vehicle weight ‘‘(82) United States Route 70 from its inter- onstrating to the Secretary that all applica- of 82,000 pounds) under this section by an section with Interstate Route 40 in Garner, ble cost eligibility conditions are met after amount that is equal to the difference be- Wake County, North Carolina, to the Port at the authorization is received. tween— Morehead City, Carteret County, North (e) RESTRICTIONS.—Nothing in this sec- ‘‘(1) the weight of the vehicle attributable Carolina. tion— to the natural gas tank and fueling system ‘‘(83) The Central Texas Corridor com- (1) allows a recipient or subrecipient to use carried by that vehicle; and mencing at the logical terminus of Inter- the authority under this section to advance ‘‘(2) the weight of a comparable diesel tank state 10, and generally following portions of a project beyond preliminary engineering and fueling system. United States Route 190 eastward passing in prior to the completion of the environmental ‘‘(n) EMERGENCY VEHICLES.— the vicinity Fort Hood, Killeen, Belton, review process; ‘‘(1) DEFINITION OF EMERGENCY VEHICLE.—In Temple, Bryan, College Station, Huntsville, (2) waives the applicability of Federal re- this subsection, the term ‘emergency vehi- Livingston, Woodville, and to the logical ter- quirements to a project other than the reim- cle’ means a vehicle designed to be used minus of Texas Highway 63 at the Sabine bursement of preliminary engineering costs under emergency conditions— River Bridge at Burrs Crossing.’’; incurred prior to an authorization to proceed ‘‘(A) to transport personnel and equipment; (2) in subsection (e)(5)— in accordance with this section; or and (A) in subparagraph (A) (109 Stat. 597; 118 (3) guarantees Federal funding of the ‘‘(B) to support the suppression of fires and Stat. 293; 119 Stat. 1213), in the first sen- project or the eligibility of the project for mitigation of other hazardous situations. tence— future Federal-aid highway funding. ‘‘(2) EMERGENCY VEHICLE WEIGHT LIMIT.— (i) by inserting ‘‘subsection (c)(13),’’ after Subtitle C—Miscellaneous Notwithstanding subsection (a), a State shall ‘‘subsection (c)(9),’’; SEC. 11201. CREDITS FOR UNTAXED TRANSPOR- not enforce against an emergency vehicle a (ii) by striking ‘‘subsections (c)(18)’’ and all TATION FUELS. vehicle weight limit (up to a maximum gross that follows through ‘‘(c)(36)’’ and inserting (a) DEFINITION OF QUALIFIED REVENUES.—In vehicle weight of 86,000 pounds) of less than— ‘‘subsection (c)(18), subsection (c)(20), sub- this section, the term ‘‘qualified revenues’’ ‘‘(A) 24,000 pounds on a single steering axle; paragraphs (A) and (B)(i) of subsection means any amounts— ‘‘(B) 33,500 pounds on a single drive axle; (c)(26), subsection (c)(36)’’ ; and

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5949 (iii) by striking ‘‘and subsection (c)(57)’’ State may transfer or sell to a recipient (v) provides updated information on the and inserting ‘‘subsection (c)(57), subsection State a credit not used by the eligible State toll credit balance accumulated by each (c)(68)(B), subsection (c)(81), and subsection under section 120(i) of title 23, United States State; and (c)(82)’’; and Code. (B) make the report described in subpara- (B) in subparagraph (C)(i) (109 Stat. 598; 126 (2) USE OF CREDITS BY TRANSFEREE OR PUR- graph (A) publicly available on the website Stat. 427), by striking the last sentence and CHASER.—A recipient State may use a credit of the Department. inserting ‘‘The routes referred to in subpara- received under paragraph (1) toward the non- (j) TERMINATION.—The Secretary may ter- graphs (A) and (B)(i) of subsection (c)(26) and Federal share requirement for any funds minate the program established under this in subsection (c)(68)(B) are designated as made available to carry out title 23 or chap- section or the participation of any State in Interstate Route I–11.’’. ter 53 of title 49, United States Code. the program if the Secretary determines SEC. 11205. REPEAT INTOXICATED DRIVER LAW. (3) CONDITION ON TRANSFER OR SALE OF that the program is not serving a public ben- Section 164(a)(4) of title 23, United States CREDITS.—To receive a credit under para- efit. Code, is amended in the matter preceding graph (1), a recipient State shall enter into SEC. 11209. REGIONAL INFRASTRUCTURE ACCEL- subparagraph (A) by inserting ‘‘or combina- an agreement with the Secretary described ERATOR DEMONSTRATION PRO- tion of laws’’ after ‘‘means a State law’’. in section 120(i) of title 23, United States GRAM. Code. (a) IN GENERAL.—The Secretary shall es- SEC. 11206. VEHICLE-TO-INFRASTRUCTURE tablish a regional infrastructure demonstra- EQUIPMENT. (f) USE OF PROCEEDS FROM SALE OF CRED- tion program (referred to in this section as (a) NATIONAL HIGHWAY PERFORMANCE PRO- ITS.—An eligible State shall use the proceeds the ‘‘program’’) to assist entities in devel- GRAM.—Section 119(d)(2)(L) of title 23, United from the sale of a credit under subsection oping improved infrastructure priorities and States Code, is amended by inserting ‘‘, in- (e)(1) for any project in the eligible State financing strategies for the accelerated de- cluding the installation of interoperable ve- that is eligible under the surface transpor- tation program established under section 133 velopment of a project that is eligible for hicle-to-infrastructure communication of title 23, United States Code. funding under the TIFIA program under equipment’’ after ‘‘capital improvements’’. (g) TOLL CREDIT MONITORING AND TRACK- chapter 6 of title 23, United States Code. (b) SURFACE TRANSPORTATION PROGRAM.— ING.—Not later than 180 days after the enact- (b) DESIGNATION OF REGIONAL INFRASTRUC- Section 133(b)(16) of title 23, United States ment of this section, the Secretary shall es- TURE ACCELERATORS.—In carrying out the Code, by inserting ‘‘, including the installa- tablish a nationwide toll credit monitoring program, the Secretary may designate re- tion of interoperable vehicle-to-infrastruc- and tracking system that functions as a real- gional infrastructure accelerators that will— ture communication equipment’’ after ‘‘cap- time database on the inventory and use of (1) serve a defined geographic area; and ital improvements’’. toll credits among all States (as defined in (2) act as a resource in the geographic area SEC. 11207. RELINQUISHMENT. section 101(a) of title 23, United States Code). to qualified entities in accordance with this A State transportation agency may relin- (h) NOTIFICATION.—Not later than 30 days section. quish park-and-ride lot facilities or portions after the date on which a credit is trans- (c) APPLICATION.—To be eligible for a des- of park-and-ride lot facilities to a local gov- ferred or sold under subsection (e)(1), the eli- ignation under subsection (b), a proposed re- ernment agency for highway purposes if au- gible State shall submit to the Secretary in gional infrastructure accelerator shall sub- thorized to do so under State law. writing a notification of the transfer or sale. mit to the Secretary a proposal at such time, SEC. 11208. TRANSFER AND SALE OF TOLL CRED- (i) REPORTING REQUIREMENTS.— in such manner, and containing such infor- ITS. (1) INITIAL REPORT.—Not later than 180 mation as the Secretary may require. (a) DEFINITIONS.—In this section, the fol- days after the date of establishment of the (d) CRITERIA.—In evaluating a proposal lowing definitions apply: pilot program under subsection (b), the Sec- submitted under subsection (c), the Sec- (1) ELIGIBLE STATE.—The term ‘‘eligible retary shall submit to the Committee on En- retary shall consider— State’’ means a State that— vironment and Public Works of the Senate (1) the need for geographic diversity among (A) is eligible to use a credit under section and the Committee on Transportation and regional infrastructure accelerators; and 120(i) of title 23, United States Code; and Infrastructure of the House of Representa- (2) the ability of the proposal to promote (B) has been selected by the Secretary tives a report on the progress of the pilot investment in covered infrastructure under subsection (d)(2). program. projects, which shall include a plan— (2) RECIPIENT STATE.—The term ‘‘recipient (2) STATE REPORT.— (A) to evaluate and promote innovative fi- State’’ means a State that receives a credit (A) REPORT BY ELIGIBLE STATE.—Not later nancing methods for local projects, including by transfer or by sale under this section than 30 days after a purchase or sale under the use of the TIFIA program under chapter from an eligible State. subsection (e)(1), an eligible State shall sub- 6 of title 23, United States Code; (b) ESTABLISHMENT OF PILOT PROGRAM.— mit to the Secretary a report that de- (B) to build capacity of State, local, and Not later than 1 year after the date of the es- scribes— tribal governments to evaluate and structure tablishment of a nationwide toll credit mon- (i) information on the transaction; projects involving the investment of private itoring and tracking system under sub- (ii) the amount of cash received and the capital; section (g), the Secretary shall establish and value of toll credits sold; (C) to provide technical assistance and in- implement a toll credit marketplace pilot (iii) the intended use of the cash; and formation on best practices with respect to program in accordance with this section. (iv) an update on the remaining toll credit financing the projects; (c) PURPOSES.—The purposes of the pilot balance of the State. (D) to increase transparency with respect program established under subsection (b) (B) REPORT BY RECIPIENT STATE.—Not later to infrastructure project analysis and using are— than 30 days after a purchase or sale under innovative financing for public infrastruc- (1) to identify whether a monetary value subsection (e)(1), a recipient State shall sub- ture projects; can be assigned to toll credits; mit to the Secretary a report that de- (E) to deploy predevelopment capital pro- (2) to identify the discounted rate of toll scribes— grams designed to facilitate the creation of a credits for cash; (i) the value of toll credits purchased; pipeline of infrastructure projects available (3) to determine if the purchase of toll (ii) the anticipated use of the toll credits; for investment; credits by States provides the purchasing and (F) to bundle smaller-scale and rural State budget flexibility to deal with funding (iii) plans for maintaining maintenance of projects into larger proposals that may be issues, including off-system needs, transit effort for spending on Federal-aid highways more attractive for investment; and systems with high operating costs, or cash projects. (G) to reduce transaction costs for public flow issues; and (3) ANNUAL REPORT.—Not later than 1 year project sponsors. (4) to test the feasibility of expanding the after the date on which the pilot program (e) ANNUAL REPORT.—Not less frequently toll credit market to allow all States to par- under subsection (b) is established and each than once each year, the Secretary shall sub- ticipate on a permanent basis. year thereafter that the pilot program is in mit to Congress a report that describes the (d) SELECTION OF ELIGIBLE STATES.— effect, the Secretary shall— findings and effectiveness of the program. (1) APPLICATION TO SECRETARY.—In order to (A) submit to the Committee on Environ- (f) AUTHORIZATION OF APPROPRIATIONS.— participate in the pilot program established ment and Public Works of the Senate and There is authorized to be appropriated to under subsection (b), a State shall submit to the Committee on Transportation and Infra- carry out the program $12,000,000, of which the Secretary an application at such time, in structure of the House of Representatives a the Secretary shall use— such manner, and containing such informa- report that— (1) $11,750,000 for initial grants to regional tion as the Secretary may require. (i) determines whether a toll credit mar- infrastructure accelerators under subsection (2) SELECTION.—Of the States that submit ketplace is viable; (b); and an application under paragraph (1), the Sec- (ii) describes the buying and selling activi- (2) $250,000 for administrative costs of car- retary may select not more than 10 States to ties of the pilot program; rying out the program. be designated as an eligible State. (iii) describes the monetary value of toll SEC. 11210. SONORAN CORRIDOR INTERSTATE (e) TRANSFER OR SALE OF CREDITS.— credits; DEVELOPMENT. (1) IN GENERAL.—In carrying out the pilot (iv) determines whether the pilot program (a) FINDINGS.—Congress finds that the des- program established under subsection (b), could be expanded to more States or all ignation of the Sonoran Corridor Interstate the Secretary shall provide that an eligible States; and connecting Interstate 19 to Interstate 10

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5950 CONGRESSIONAL RECORD — SENATE July 27, 2015 south of the Tucson International Airport as application to receive a grant under this sub- ‘‘(C) quantifiable safety, mobility, and en- a future part of the Interstate System section. vironmental benefit projections, including would— ‘‘(ii) PUBLICATION OF APPLICATION PROC- data-driven estimates of the manner in (1) enhance direct linkage between major ESS.—A description of the application proc- which the project will improve the efficiency trading routes connecting growing ports, ag- ess established by the Secretary shall— of the transportation system and reduce ricultural regions, infrastructure and manu- ‘‘(I) be posted on a public website; traffic congestion in the region; facturing centers, and existing high priority ‘‘(II) identify the information required to ‘‘(D) a plan for partnering with the private corridors of the National Highway System; be included in the application; and sector, including telecommunications indus- and ‘‘(III) identify the criteria by which the tries and public service utilities, public (2) significantly improve connectivity on Secretary shall select grant recipients. agencies (including multimodal and multi- the future Interstate 11 and the CANAMEX ‘‘(iii) SUBMISSION OF APPLICATION.—To re- jurisdictional entities), research institu- Corridor, a route directly linking the United ceive a grant under this paragraph, an entity tions, organizations representing transpor- States with Mexico and Canada. described in subparagraph (B)(i) shall submit tation and technology leaders, and other (b) HIGH PRIORITY CORRIDORS ON NATIONAL an application to the Secretary. transportation stakeholders; HIGHWAY SYSTEM.—Section 1105(c) of the ‘‘(iv) SELECTION AND APPROVAL.—The Sec- ‘‘(E) a plan to leverage and optimize exist- Intermodal Surface Transportation Effi- retary shall select and approve an applica- ing local and regional ITS investments; and ciency Act of 1991 (105 Stat. 2032; 119 Stat. tion submitted under clause (iii) based on ‘‘(F) a plan to ensure interoperability of 1210) (as amended by section 11204) is amend- whether the project described in the applica- deployed technologies with other tolling, ed by adding at the end the following: tion meets the goals of the program de- traffic management, and intelligent trans- ‘‘(84) State Route 410, the Sonoran Corridor scribed in paragraph (1).’’; and portation systems. connecting Interstate 19 to Interstate 10 (3) in paragraph (3)(C), by striking ‘‘each of ‘‘(3) SELECTION.— south of the Tucson International Airport.’’. fiscal years 2013 through 2014’’ and inserting ‘‘(A) IN GENERAL.—Effective beginning not (c) FUTURE PARTS OF INTERSTATE SYS- ‘‘each fiscal year’’. later than 1 year after the date of enactment TEM.—Section 1105(e)(5)(A) of the Intermodal (c) CONFORMING AMENDMENT.—Section of the DRIVE Act, the Secretary may pro- Surface Transportation Efficiency Act of 505(c)(1) of title 23, United States Code, is vide grants to eligible entities under this 1991 (105 Stat. 2033; 119 Stat. 1213) (as amend- amended by striking ‘‘section 503(c)(2)(C)’’ subsection. ed by section 11204) is amended in the first and inserting ‘‘section 503 (c)(2)(D)’’. ‘‘(B) GEOGRAPHIC DIVERSITY.—In awarding a sentence by striking ‘‘and subsection (c)(82)’’ SEC. 12002. INTELLIGENT TRANSPORTATION SYS- grant under this subsection, the Secretary and inserting ‘‘subsection (c)(82), and sub- TEMS. shall ensure, to the maximum extent prac- section (c)(84)’’. (a) INTELLIGENT TRANSPORTATION SYSTEMS ticable, that grant recipients represent di- TITLE II—TRANSPORTATION INNOVATION DEPLOYMENT.—Section 513 of title 23, United verse geographical areas of the United Subtitle A—Research States Code, is amended by adding at the end States, including urban, suburban, and rural SEC. 12001. RESEARCH, TECHNOLOGY, AND EDU- the following: areas. CATION. ‘‘(d) SYSTEM OPERATIONS AND ITS DEPLOY- ‘‘(C) NON-FEDERAL SHARE.—In awarding a (a) HIGHWAY RESEARCH AND DEVELOPMENT MENT GRANT PROGRAM.— grant under the subsection, the Secretary PROGRAM.—Section 503(b)(3) of title 23, ‘‘(1) ESTABLISHMENT.—The Secretary shall shall give priority to grant recipients that United States Code, is amended— establish a competitive grant program to ac- demonstrate an ability to contribute a sig- (1) in subparagraph (C)— celerate the deployment, operation, systems nificant non-Federal share to the cost of car- (A) in clause (xviii), by striking ‘‘and’’ at management, intermodal integration, and rying out the project for which the grant is the end; interoperability of the ITS program and ITS- received. (B) in clause (xix), by striking the period enabled operational strategies— ‘‘(4) ELIGIBLE USES.—Projects for which at the end and inserting a semicolon; and ‘‘(A) to measure and improve the perform- grants awarded under this subsection may be (C) by adding at the end the following: ance of the surface transportation system; used include— ‘‘(xx) accelerated mobile, highway-speed, ‘‘(B) to reduce traffic congestion and the ‘‘(A) the deployment of autonomous vehi- bridge inspection methods that provide economic and environmental impacts of traf- cle communication technologies; quantitative data-driven decisionmaking ca- fic congestion; ‘‘(B) the deployment of vehicle-to-vehicle pabilities without requiring lane closures; ‘‘(C) to minimize fatalities and injuries; or vehicle-to-infrastructure communication and ‘‘(D) to enhance mobility of people and technologies; ‘‘(xxi) innovative segmental wall tech- goods; ‘‘(C) the establishment and implementa- nology for soil bank stabilization and road- ‘‘(E) to improve traveler information and tion of ITS and ITS-enabled operations strat- way sound attenuation, and articulated tech- services; and egies that improve performance in the areas nology for hydraulic sheer-resistant erosion ‘‘(F) to optimize existing roadway capac- of— control.’’; and ity. ‘‘(i) traffic operations; (2) in subparagraph (D)(i), by inserting ‘‘(2) APPLICATION.—To be eligible for a ‘‘(ii) emergency response to surface trans- ‘‘and section 119(e)’’ after ‘‘this subpara- grant under this subsection, an eligible enti- portation incidents; graph’’. ty shall submit an application to the Sec- ‘‘(iii) incident management; (b) TECHNOLOGY AND INNOVATION DEPLOY- retary that includes— ‘‘(iv) transit and commercial vehicle oper- MENT PROGRAM.—Section 503(c) of title 23, ‘‘(A) a plan to deploy and provide for the ations improvements; United States Code, is amended— long-term operation and maintenance of in- ‘‘(v) weather event response management (1) in paragraph (1), in the matter pre- telligent transportation systems to improve by State and local authorities; ceding subparagraph (A), by striking ‘‘carry safety, efficiency, system performance, and ‘‘(vi) surface transportation network and out’’ and inserting ‘‘establish and imple- return on investment, such as— facility management; ment’’; ‘‘(i) autonomous vehicle communication ‘‘(vii) construction and work zone manage- (2) in paragraph (2)— technologies; ment; (A) in subparagraph (B), by striking clause ‘‘(ii) vehicle-to-vehicle or vehicle-to-infra- ‘‘(viii) traffic flow information; (i) and inserting the following: structure communication technologies; ‘‘(ix) freight management; and ‘‘(i) use not less than 50 percent of the ‘‘(iii) real-time integrated traffic, transit, ‘‘(x) congestion management; funds authorized to carry out this subsection and multimodal transportation information; ‘‘(D) carrying out activities that support to make grants to, and enter into coopera- ‘‘(iv) advanced traffic, freight, parking, the creation of networks that link metro- tive agreements and contracts with, States, and incident management systems; politan and rural surface transportation sys- other Federal agencies, local governments, ‘‘(v) advanced technologies to improve tems into an integrated data network, capa- metropolitan planning organizations, insti- transit and commercial vehicle operations; ble of collecting, sharing, and archiving tutions of higher education, private sector ‘‘(vi) synchronized, adaptive, and transit transportation system traffic condition and entities, and nonprofit organizations to preferential traffic signals; performance information; carry out demonstration programs that will ‘‘(vii) advanced infrastructure condition ‘‘(E) the implementation of intelligent accelerate the deployment and adoption of assessment technologies; and transportation systems and technologies transportation research activities;’’; ‘‘(viii) other technologies to improve sys- that improve highway safety through infor- (B) by redesignating subparagraph (C) as tem operations, including ITS applications mation and communications systems linking subparagraph (D); and necessary for multimodal systems integra- vehicles, infrastructure, mobile devices, (C) by inserting after subparagraph (B) the tion and for achieving performance goals; transportation users, and emergency re- following: ‘‘(B) quantifiable system performance im- sponders; ‘‘(C) INNOVATION GRANTS.— provements, including— ‘‘(F) the provision of services necessary to ‘‘(i) IN GENERAL.—In carrying out the pro- ‘‘(i) reductions in traffic-related crashes, ensure the efficient operation and manage- gram established under subparagraph (B)(i), congestion, and costs; ment of ITS infrastructure, including costs the Secretary shall establish a transparent ‘‘(ii) optimization of system efficiency; and associated with communications, utilities, competitive process in which entities de- ‘‘(iii) improvement of access to transpor- rent, hardware, software, labor, administra- scribed in subparagraph (B)(i) may submit an tation services; tive costs, training, and technical services;

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‘‘(G) the provision of support for the estab- (b) INTELLIGENT TRANSPORTATION SYSTEMS try in applying the techniques involved in lishment and maintenance of institutional GOALS AND PURPOSES.—Section 514(a) of title implementing the study. relationships between transportation agen- 23, United States Code, is amended— (e) CONSIDERATIONS.—In carrying out the cies, police, emergency medical services, pri- (1) in paragraph (4), by striking ‘‘and’’ at study, the Transportation Research Board vate emergency operators, freight operators, the end; and shall determine the need for reconstruction shippers, public service utilities, and tele- (2) by striking paragraph (5) and inserting and improvement of the Interstate System communications providers; the following: by considering— ‘‘(H) carrying out multimodal and cross-ju- ‘‘(5) improvement of the ability of the (1) future demands on transportation infra- risdictional planning and deployment of re- United States to respond to security-related structure determined for national planning gional transportation systems operations or other manmade emergencies and natural purposes, including commercial and private and management approaches; and disasters; and traffic flows to serve future economic activ- ‘‘(I) performing project evaluations to de- ‘‘(6) enhancement of the freight system of ity and growth; termine the costs, benefits, lessons learned, the United States and support to freight pol- (2) the expected condition of the current and future deployment strategies associated icy goals by conducting heavy duty vehicle Interstate System over the next 50 years, in- with the deployment of intelligent transpor- demonstration activities and accelerating cluding long-term deterioration and recon- tation systems. adoption of ITS applications in freight oper- struction needs; ‘‘(5) REPORT TO SECRETARY.—For each fis- ations.’’. (3) those National Highway System routes cal year that an eligible entity receives a (c) ITS ADVISORY COMMITTEE REPORT.— that should be added to the existing Inter- grant under this subsection, not later than 1 Section 515(h)(4) of title 23, United States state System to more efficiently serve na- year after receiving the grant, each recipient Code, is amended in the matter preceding tional traffic flows; shall submit to the Secretary a report that subparagraph (A) by striking ‘‘February 1 of (4) features that would take advantage of describes how the project has met the expec- each year after the date of enactment of the technological capabilities to address modern tations projected in the deployment plan Transportation Research and Innovative standards of construction, maintenance, and submitted with the application, including in- Technology Act of 2012’’ and inserting ‘‘May operations, for purposes of safety, and sys- formation on— 1 of each year’’. tem management, taking into further con- ‘‘(A) how the program has helped reduce SEC. 12003. FUTURE INTERSTATE STUDY. sideration system performance and cost; and traffic crashes, congestion, costs, and other (a) FINDINGS.—Congress finds that— (5) the resources necessary to maintain and benefits of the deployed systems; (1) a well-developed system of transpor- improve the Interstate System, including ‘‘(B) the effect of measuring and improving tation infrastructure is critical to the eco- the resources required to upgrade those Na- transportation system performance through nomic well-being, health, and welfare of the tional Highway System routes identified in the deployment of advanced technologies; people of the United States; paragraph (3) to Interstate standards. ONSULTATION.—In carrying out the ‘‘(C) the effectiveness of providing real- (2) the 47,000-mile national Interstate Sys- (f) C study, the Transportation Research Board— time integrated traffic, transit, and tem is the backbone to that transportation (1) shall convene and consult with a panel multimodal transportation information to infrastructure system; and of national experts including current and fu- the public that allows the public to make in- (3) as of the date of enactment of this ture owners, operators, and users of the formed travel decisions; and Act— Interstate System and private sector stake- ‘‘(D) lessons learned and recommendations (A) many segments of the approximately holders; and for future deployment strategies to optimize 60- year-old Interstate System are well be- (2) is encouraged to consult with— transportation efficiency and multimodal yond the 50-year design life of the System system performance. (A) the Federal Highway Administration; and yet these aging facilities are central to (B) States; ‘‘(6) REPORT TO CONGRESS.—Not later than 2 the transportation infrastructure system, years after the date on which the first grant (C) planning agencies at the metropolitan, carrying 25 percent of the vehicle traffic of State, and regional levels; is awarded under this subsection and annu- the United States on just 1 percent of the ally thereafter for each fiscal year for which (D) the motor carrier industry; total public roadway mileage; (E) freight shippers; grants are awarded under this subsection, (B) the need for ongoing maintenance, the Secretary shall submit to Congress a re- (F) highway safety groups; and preservation, and reconstruction of the (G) other appropriate entities. port that describes the effectiveness of the Interstate System has grown due to increas- grant recipients in meeting the projected de- (g) REPORT.—Not later than 3 years after ing and changing travel demands; and the date of enactment of this Act, the Trans- ployment plan goals, including data on how (C) simple maintenance of the current con- the grant program has— portation Research Board shall submit to dition and configuration of the Interstate ‘‘(A) reduced traffic-related fatalities and the Secretary, the Committee on Environ- System is insufficient for the System to injuries; ment and Public Works of the Senate, and fully serve the transportation needs of the ‘‘(B) reduced traffic congestion and im- the Committee on Transportation and Infra- United States for the next 50 years. proved travel-time reliability; structure of the House of Representatives a (b) FUTURE INTERSTATE SYSTEM STUDY.— report on the results of the study conducted ‘‘(C) reduced transportation-related emis- Not later than 180 days after the date of en- sions; under this section. actment of this Act, the Secretary shall (h) FUNDING.—From amounts authorized to ‘‘(D) optimized multimodal system per- enter into an agreement with the Transpor- carry out the Highway Research and Devel- formance; tation Research Board of the National Acad- opment Program, the Secretary shall use up ‘‘(E) improved access to transportation al- emies to conduct a study on the actions to $5,000,000 for fiscal year 2016 to carry out ternatives; needed to upgrade and restore the Dwight D. this section. ‘‘(F) provided the public with access to Eisenhower National System of Interstate SEC. 12004. RESEARCHING SURFACE TRANSPOR- real-time integrated traffic, transit, and and Defense Highways to its role as a pre- TATION SYSTEM FUNDING ALTER- multimodal transportation information to mier system network that meets the growing NATIVES. make informed travel decisions; and shifting demands of the 21st century and (a) IN GENERAL.—The Secretary shall pro- ‘‘(G) provided cost savings to transpor- for the next 50 years (referred to in this sec- mote the research of user-based alternative tation agencies, businesses, and the trav- tion as the ‘‘study’’). revenue mechanisms that preserve a user fee eling public; and (c) METHODOLOGIES.—In conducting the structure to maintain the long-term sol- ‘‘(H) provided other benefits to transpor- study, the Transportation Research Board vency of the Highway Trust Fund. tation users and the general public. shall build on the methodologies examined (b) OBJECTIVES.—The objectives of the re- ‘‘(7) ADDITIONAL GRANTS.—If the Secretary and recommended in the report prepared for search described in subsection (a) shall be— determines, based on a report submitted the American Association of State Highway (1) to study uncertainties relating to the under paragraph (5), that a grant recipient is and Transportation Officials entitled ‘‘Na- design, acceptance, and implementation of 2 not complying with the established grant tional Cooperative Highway Research Pro- or more future user-based alternative rev- criteria, the Secretary may— gram Project 20–24(79): Specifications for a enue mechanisms; ‘‘(A) cease payment to the recipient of any National Study of the Future 3R, 4R, and Ca- (2) to define the functionality of those remaining grant amounts; and pacity Needs of the Interstate System’’ and user-based alternative revenue mechanisms; ‘‘(B) redistribute any remaining amounts dated December 2013. (3) to conduct or promote research activi- to other eligible entities under this section. (d) RECOMMENDATIONS.—The study— ties to demonstrate and test those user- ‘‘(8) NON-FEDERAL SHARE.—The Federal (1) shall include specific recommendations based alternative revenue mechanisms, in- share of the cost of a project for which a regarding the features, standards, capacity cluding by conducting field trials, by grant is provided under this subsection shall needs, application of technologies, and inter- partnering with individual States, groups of not exceed 50 percent of the cost of the governmental roles to upgrade the Interstate States, or other appropriate entities to con- project. System, including any revisions to law (in- duct the research activities; ‘‘(9) FUNDING.—Of the funds made available cluding regulations) that the Transportation (4) to conduct outreach to increase public each fiscal year to carry out the intelligent Research Board determines appropriate to awareness regarding the need for alternative transportation system program under sec- achieve the goals; and funding sources for surface transportation tions 512 through 518, not less than $30,000,000 (2) is encouraged to build on the robust in- programs and provide information on pos- shall be used to carry out this subsection.’’. stitutional knowledge in the highway indus- sible approaches;

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5952 CONGRESSIONAL RECORD — SENATE July 27, 2015 (5) to provide recommendations regarding selecting research activities under sub- (2) collecting household travel behavior adoption and implementation of those user- section (c). data to assess local and cross-jurisdictional based alternative revenue mechanisms; and (4) EVALUATIONS.—The Council shall con- travel, including to accommodate external (6) to minimize the administrative cost of duct periodic evaluations of the research ac- and through travel; any potential user-based alternative revenue tivities that have received assistance from (3) enhancing existing data collection and mechanisms. the Secretary under this section. analysis tools to accommodate performance (c) GRANTS.—The Secretary shall provide (5) APPLICABILITY OF FEDERAL ADVISORY measures, targets, and related data, so as to grants to individual States, groups of States, COMMITTEE ACT.—The Council shall not be better understand trip origin and destina- or other appropriate entities to conduct re- subject to the Federal Advisory Committee tion, trip time, and mode; search that addresses— Act (5 U.S.C. App.). (4) enhancing existing data analysis tools (1) the implementation, interoperability, (e) BIENNIAL REPORTS.—Not later than 2 to improve performance predictions and public acceptance, and other potential hur- years after the date of enactment of this travel models in reports described in section dles to the adoption of a user-based alter- Act, and every 2 years thereafter until the 150(e) of title 23, United States Code; and native revenue mechanism; completion of the research activities under (5) developing tools— (2) the protection of personal privacy; this section, the Secretary shall submit to (A) to improve performance analysis; and (3) the use of independent and private the Secretary of the Treasury, the Com- (B) to evaluate the effects of project in- third-party vendors to collect fees and oper- mittee on Finance and the Committee on En- vestments on performance. ate the user-based alternative revenue mech- vironment and Public Works of the Senate, (c) FUNDING.—From amounts authorized to anism; and the Committee on Ways and Means and carry out the Highway Research and Devel- (4) equity concerns, including the impacts the Committee on Transportation and Infra- opment Program, the Administrator may use of the user-based alternative revenue mecha- structure of the House of Representatives a up to $10,000,000 for each of fiscal years 2016 nism on differing income groups, various ge- report describing the progress of the re- through 2021 to carry out this section. ographic areas, and the relative burdens on search activities. Subtitle C—Transparency and Best Practices rural and urban drivers; (f) FINAL REPORT.—On the completion of (5) ease of compliance for different users of the research activities under this section, SEC. 12201. EVERY DAY COUNTS INITIATIVE. the transportation system; the Secretary and the Secretary of the (a) IN GENERAL.—It is in the national inter- (6) the reliability and security of tech- Treasury, acting jointly, shall submit to the est for the Department, State departments nology used to implement the user-based al- Committee on Finance and the Committee of transportation, and all other recipients of ternative revenue mechanism; on Environment and Public Works of the Federal transportation funds— (7) the flexibility and choices of user-based Senate and the Committee on Ways and (1) to identify, accelerate, and deploy inno- alternative revenue mechanisms, including Means and the Committee on Transportation vation aimed at shortening project delivery, the ability of users to select from various and Infrastructure of the House of Rep- enhancing the safety of the roadways of the technology and payment options; resentatives a report describing the results United States, and protecting the environ- (8) the cost of administering the user-based of the research activities and any rec- ment; alternative revenue mechanism; and ommendations. (2) to ensure that the planning, design, en- (9) the ability of the administering entity (g) FUNDING.—Of the funds authorized to gineering, construction, and financing of to audit and enforce user compliance. carry out section 503(b) of title 23, United transportation projects is done in an effi- (d) ADVISORY COUNCIL.— States Code— cient and effective manner; (1) IN GENERAL.—Not later than 1 year after (1) $15,000,000 shall be used to carry out this (3) to promote the rapid deployment of the date of enactment of this Act, the Sec- section in fiscal year 2016; and proven solutions that provide greater ac- retary, in consultation with the Secretary of (2) $20,000,000 shall be used to carry out this countability for public investments and en- the Treasury, shall establish and lead a Sur- section in each of fiscal years 2017 through courage greater private sector involvement; face Transportation Revenue Alternatives 2021. and Advisory Council (referred to in this sub- Subtitle B—Data (4) to create a culture of innovation within section as the ‘‘Council’’) to inform the se- SEC. 12101. TRIBAL DATA COLLECTION. the highway community. lection and evaluation of user-based alter- Section 201(c)(6) of title 23, United States (b) EVERY DAY COUNTS INITIATIVE.—To ad- native revenue mechanisms. Code, is amended by adding at the end the vance the policy described in subsection (a), (2) MEMBERSHIP.— following: the Administrator of the Federal Highway (A) IN GENERAL.—The members of the ‘‘(C) TRIBAL DATA COLLECTION.—In addition Administration (referred to in this section as Council shall— to the data to be collected under subpara- the ‘‘Administrator’’) shall continue the (i) be appointed by the Secretary; and graph (A), not later than 90 days after the Every Day Counts initiative to work with (ii) include, at a minimum— end of each fiscal year, any entity carrying States, local transportation agencies, and in- (I) representatives with experience in user- out a project under the tribal transportation dustry stakeholders to identify and deploy based alternative revenue mechanisms, of program under section 202 shall submit to proven innovative practices and products which— the Secretary and the Secretary of Interior, that— (aa) not fewer than 1 shall be from the De- based on obligations and expenditures under (1) accelerate innovation deployment; partment; the tribal transportation program during the (2) shorten the project delivery process; (bb) not fewer than 1 shall be from the De- preceding fiscal year, the following data: (3) improve environmental sustainability; partment of the Treasury; and ‘‘(i) The names of projects or activities (4) enhance roadway safety; and (cc) not fewer than 2 shall be from State carried out by the entity under the tribal (5) reduce congestion. departments of transportation; transportation program during the preceding (c) INNOVATION DEPLOYMENT.— (II) representatives from applicable users fiscal year. (1) IN GENERAL.—At least every 2 years, the of the surface transportation system; and ‘‘(ii) A description of the projects or activi- Administrator shall work collaboratively (III) appropriate technology and public pri- ties identified under clause (i). with stakeholders to identify a new collec- vacy experts. ‘‘(iii) The current status of the projects or tion of innovations, best practices, and data (B) GEOGRAPHIC CONSIDERATIONS.—The Sec- activities identified under clause (i). to be deployed to highway stakeholders retary shall consider geographic diversity ‘‘(iv) An estimate of the number of jobs through case studies, webinars, and dem- when selecting members under this para- created and the number of jobs retained by onstration projects. graph. the projects or activities identified under (2) REQUIREMENTS.—In identifying a collec- (3) FUNCTIONS.—Not later than 1 year after clause (i).’’. tion described in paragraph (1), the Sec- the date on which the Council is established, SEC. 12102. PERFORMANCE MANAGEMENT DATA retary shall take into account market readi- the Council shall, at a minimum— SUPPORT PROGRAM. ness, impacts, benefits, and ease of adoption (A) define the functionality of 2 or more (a) PERFORMANCE MANAGEMENT DATA SUP- of the innovation or practice. user-based alternative revenue mechanisms; PORT.—The Administrator of the Federal (d) PUBLICATION.—Each collection identi- (B) identify technological, administrative, Highway Administration shall develop, use, fied under subsection (c) shall be published institutional, privacy, and other issues and maintain data sets and data analysis by the Administrator on a publicly available that— tools to assist metropolitan planning organi- website. (i) are associated with the user-based alter- zations, States, and the Federal Highway Ad- SEC. 12202. DEPARTMENT OF TRANSPORTATION native revenue mechanisms; and ministration in carrying out performance PERFORMANCE MEASURES. (ii) may be researched through research ac- management analyses (including the per- (a) PERFORMANCE MEASURES.—Not later tivities; formance management requirements under than 1 year after the date of enactment of (C) conduct public outreach to identify and section 150 of title 23, United States Code). this Act, the Secretary, in coordination with assess questions and concerns about the (b) INCLUSIONS.—The data analysis activi- the heads of other Federal agencies with re- user-based alternative revenue mechanisms ties authorized under subsection (a) may in- sponsibility for the review and approval of for future evaluation through research ac- clude— projects funded under title 23, United States tivities; and (1) collecting and distributing vehicle Code, shall measure and report on— (D) provide recommendations to the Sec- probe data describing traffic on Federal-aid (1) the progress made toward aligning Fed- retary on the process and criteria used for highways; eral reviews of projects funded under title 23,

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5953 United States Code, and the improvement of take into consideration the extent to which ‘‘(II) 5,000 or more individuals but less than project delivery associated with those the application of the applicable eligible en- 50,000 individuals; or projects; and tity under subsection (d)— ‘‘(III) 50,000 or more individuals; (2) as applicable, the effectiveness of the (1) demonstrates performance in meeting ‘‘(iii) the total cost of the project; Department in achieving the goals described the requirements of subsection (c); and ‘‘(iv) the amount of Federal funding being in section 150(b) of title 23, United States (2) promotes the national goals described used on the project; Code, through discretionary programs. in section 150(b) of title 23, United States ‘‘(v) the 1 or more programs from which (b) REPORT.—Not later than 2 years after Code. Federal funds are obligated on the project; the date of enactment of this Act and bienni- (f) ELIGIBLE ACTIVITIES.—Amounts made ‘‘(vi) the type of improvement being made, ally thereafter, the Secretary shall submit available to carry out this section shall be such as categorizing the project as— to the Committee on Environment and Pub- used for projects eligible for funding under— ‘‘(I) a road reconstruction project; lic Works of the Senate and the Committee (1) title 23, United States Code; or ‘‘(II) a new road construction project; on Transportation and Infrastructure of the (2) chapter 53 of title 49, United States ‘‘(III) a new bridge construction project; House of Representatives a report describing Code. ‘‘(IV) a bridge rehabilitation project; or the results of the evaluation conducted (g) LIMITATION.—The amount of a grant ‘‘(V) a bridge replacement project; and under subsection (a). under this section shall be not more than ‘‘(vii) the ownership of the highway or (c) INSPECTOR GENERAL REPORT.—Not later $15,000,000. bridge. than 3 years after the date of enactment of (h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) TRANSFERS BETWEEN PROGRAMS.—The this Act, the Inspector General of the De- (1) IN GENERAL.—There is authorized to be report shall include a description of the partment shall submit to the Committee on appropriated out of the general fund of the amount of funds transferred between pro- Environment and Public Works of the Senate Treasury to carry out this section grams by each State under section 126.’’. and the Committee on Transportation and $150,000,000 for each of fiscal years 2016 (b) CONFORMING AMENDMENT.—Section 1503 Infrastructure of the House of Representa- through 2021, to remain available until ex- of MAP–21 (23 U.S.C. 104 note; Public Law tives a report describing the results of the pended. 112–141) is amended by striking subsection evaluation conducted under subsection (a). (2) ADMINISTRATIVE COSTS.—The Secretary (c). SEC. 12203. GRANT PROGRAM FOR ACHIEVEMENT shall withhold a reasonable amount of funds SEC. 12205. REPORT ON HIGHWAY TRUST FUND IN TRANSPORTATION FOR PER- made available under paragraph (1) for ad- ADMINISTRATIVE EXPENDITURES. FORMANCE AND INNOVATION. ministration of the program under this sec- (a) INITIAL REPORT.—Not later than 150 (a) DEFINITIONS.—In this section: tion, not to exceed 3 percent of the amount days after the date of enactment of this Act, (1) ELIGIBLE ENTITY.—The term ‘‘eligible appropriated for each applicable fiscal year. the Comptroller General of the United States entity’’ includes— (i) APPLICABILITY OF REQUIREMENTS.— shall submit to Congress a report describing (A) a State; Amounts made available under this section the administrative expenses of the Federal (B) a unit of local government; shall be administered as if the funds were ap- Highway Administration funded from the (C) a tribal organization (as defined in sec- portioned under chapter 1 of title 23, United Highway Trust Fund during the 3 most re- tion 4 of the Indian Self-Determination and States Code. cent fiscal years. Education Assistance Act (25 U.S.C. 450b)); (b) UPDATES.—Not later than 5 years after and SEC. 12204. HIGHWAY TRUST FUND TRANS- PARENCY AND ACCOUNTABILITY. the date on which the report is submitted (D) a metropolitan planning organization. (a) IN GENERAL.—Section 104 of title 23, under subsection (a) and every 5 years there- (2) STATE.—The term ‘‘State’’ means— United States Code, is amended by striking after, the Comptroller General shall submit (A) a State; subsection (g) and inserting the following: to Congress a report that updates the infor- (B) the District of Columbia; ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY mation provided in the report under that (C) the Commonwealth of Puerto Rico; and AND ACCOUNTABILITY REPORT.— subsection for the preceding 5-year period. (D) any other territory (as defined in sec- ‘‘(1) PUBLICLY AVAILABLE REPORT.—Not (c) INCLUSIONS.—Each report submitted tion 165(c)(1) of title 23, United States Code). later than 180 days after the date of enact- under subsection (a) or (b) shall include a de- STABLISHMENT OF PROGRAM.—The Sec- (b) E ment of the DRIVE Act and quarterly there- scription of the— retary shall establish a competitive grant after, the Secretary shall compile data in ac- (1) types of administrative expenses of pro- program to reward— cordance with this subsection on the use of grams and offices funded by the Highway (1) achievement in transportation perform- Federal-aid highway program funds made Trust Fund; ance management; and available under this title. (2) tracking and monitoring of administra- (2) the implementation of strategies that tive expenses; ‘‘(2) REQUIREMENTS.—The Secretary shall achieve innovation and efficiency in surface ensure that the reports required under this (3) controls in place to ensure that funding transportation. for administrative expenses is used as effi- (c) PURPOSE.—The purpose of the program subsection are made available in a user- friendly manner on the public website of the ciently as practicable; and under this section shall be to reward entities (4) flexibility of the Department to reallo- Department of Transportation and can be for the implementation of policies and proce- cate amounts from the Highway Trust Fund searched and downloaded by users of the dures that— between full-time equivalent employees and website. (1) support performance-based manage- other functions. ‘‘(3) CONTENTS OF REPORT.— ment of the surface transportation system SEC. 12206. AVAILABILITY OF REPORTS. ‘‘(A) APPORTIONED AND ALLOCATED PRO- and improve transportation outcomes; or (a) IN GENERAL.—The Secretary shall make GRAMS.—For each fiscal year, the report (2) use innovative technologies and prac- available to the public on the website of the shall include comprehensive data for each tices that improve the efficiency and per- Department any report required to be sub- program, organized by State, that includes— formance of the surface transportation sys- mitted by the Secretary to Congress after ‘‘(i) the total amount of funds available for tem. the date of enactment of this Act. (d) APPLICATION.— obligation, identifying the unobligated bal- (b) DEADLINE.—Each report described in (1) IN GENERAL.—An eligible entity may ance of funds available at the end of the pre- subsection (a) shall be made available on the submit to the Secretary an application for a ceding fiscal year and new funding available website not later than 30 days after the re- grant under this section. for the current fiscal year; port is submitted to Congress. (2) CONTENTS.—An application under para- ‘‘(ii) the total amount of funding obligated SEC. 12207. PERFORMANCE PERIOD ADJUST- graph (1) shall indicate the means by which during the current fiscal year; MENT. the eligible entity has met the requirements ‘‘(iii) the remaining amount of funds avail- (a) NATIONAL HIGHWAY PERFORMANCE PRO- and purpose of the program under this sec- able for obligation; GRAM.—Section 119 of title 23, United States tion, including by— ‘‘(iv) changes in the obligated, unexpended Code, is amended— (A) establishing, and making progress to- balance during the current fiscal year, in- (1) in subsection (e)(7), by striking ‘‘for 2 ward achieving, performance targets that ex- cluding the obligated, unexpended balance at consecutive reports submitted under this ceed the requirements of title 23, United the end of the preceding fiscal year and cur- paragraph shall include in the next report States Code; rent fiscal year expenditures; and submitted’’ and inserting ‘‘shall include as (B) using innovative techniques and prac- ‘‘(v) the percentage of the total amount of part of the performance target report under tices that enhance the effective movement of obligations for the current fiscal year used section 150(e)’’; and people, goods, and services, such as tech- for construction and the total amount obli- (2) in subsection (f)(1)(A), by striking ‘‘If, nologies that reduce construction time, im- gated during the current fiscal year for reha- during 2 consecutive reporting periods, the prove operational efficiencies, and extend bilitation. condition of the Interstate System, exclud- the service life of highways and bridges; and ‘‘(B) PROJECT DATA.—To the maximum ex- ing bridges on the Interstate System, in a (C) employing transportation planning tent practicable, the report shall include State falls’’ and inserting ‘‘If a State reports tools and procedures that improve trans- project-specific data, including data describ- that the condition of the Interstate System, parency and the development of transpor- ing— excluding bridges on the Interstate System, tation investment strategies within the ju- ‘‘(i) the specific location of a project; has fallen’’. risdiction of the eligible entity. ‘‘(ii) whether the project is located in an (b) HIGHWAY SAFETY IMPROVEMENT PRO- (e) EVALUATION CRITERIA.—In awarding a area of the State with a population of— GRAM.—Section 148(i) of title 23, United grant under this section, the Secretary shall ‘‘(I) less than 5,000 individuals; States Code, is amended—

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5954 CONGRESSIONAL RECORD — SENATE July 27, 2015 (1) in the matter preceding paragraph (1), (A) is recognized by the Federal Highway impacts of transportation infrastructure by striking ‘‘performance targets of the Administration; and projects otherwise eligible for assistance State established under section 150(d) by the (B) is adopted by the local jurisdiction; and under the TIFIA program; and date that is 2 years after the date of the es- (3) the design complies with all other ap- ‘‘(G) the capitalization of a rural projects tablishment of the performance targets’’ and plicable Federal laws. fund by a State infrastructure bank with the inserting ‘‘safety performance targets of the TITLE III—TRANSPORTATION INFRA- proceeds of a secured loan made in accord- State established under section 150(d)’’; and STRUCTURE FINANCE AND INNOVATION ance with sections 602 and 603, for the pur- (2) in paragraphs (1) and (2), by inserting ACT OF 1998 AMENDMENTS pose of making loans to sponsors of rural in- ‘‘safety’’ before ‘‘performance targets’’ each frastructure projects in accordance with sec- SEC. 13001. TRANSPORTATION INFRASTRUCTURE tion 610.’’; place it appears. FINANCE AND INNOVATION ACT OF SEC. 12208. DESIGN STANDARDS. 1998 AMENDMENTS. (6) in paragraph (15), by striking ‘‘means’’ and all that follows through the period at (a) IN GENERAL.—Section 109 of title 23, (a) DEFINITIONS.—Section 601(a) of title 23, United States Code, is amended— United States Code, is amended— the end and inserting ‘‘means a surface (1) in subsection (c)— (1) in the matter preceding paragraph (1)— transportation infrastructure project located (A) in paragraph (1)— (A) by striking ‘‘In this chapter, the’’ and in an area that is outside of an urbanized (i) in the matter preceding subparagraph inserting ‘‘The’’; and area with a population greater than 150,000 individuals, as determined by the Bureau of (A), by striking ‘‘may take into account’’ (B) by inserting ‘‘to sections 601 through the Census.’’; and inserting ‘‘shall consider’’; and 609’’ after ‘‘apply’’; (7) by redesignating paragraphs (16), (17), (ii) in subparagraph (C), by striking ‘‘ac- (2) in paragraph (2)— (18), (19), and (20) as paragraphs (17), (18), (20), cess for’’ and inserting ‘‘access and safety (A) in subparagraph (B), by striking ‘‘and’’ (21), and (22), respectively; for’’; and at the end; (8) by inserting after paragraph (15) the fol- (B) in paragraph (2)— (B) in subparagraph (C), by striking the pe- lowing: (i) in subparagraph (C), by striking ‘‘and’’ riod at the end and inserting ‘‘; and’’; and ‘‘(16) RURAL PROJECTS FUND.—The term at the end; (C) by adding at the end the following: ‘rural projects fund’ means a fund— (ii) by redesignating subparagraph (D) as ‘‘(D) capitalizing a rural projects fund ‘‘(A) established by a State infrastructure subparagraph (F); and using the proceeds of a secured loan made to bank in accordance with section 610(d)(4); (iii) by inserting after subparagraph (C) the a State infrastructure bank in accordance ‘‘(B) capitalized with the proceeds of a se- following: with sections 602 and 603, for the purpose of cured loan made to the bank in accordance ‘‘(D) the publication entitled ‘Highway making loans to sponsors of rural infrastruc- with sections 602 and 603; and Safety Manual’ of the American Association ture projects in accordance with section ‘‘(C) for the purpose of making loans to of State Highway and Transportation Offi- 610.’’; sponsors of rural infrastructure projects in cials; (3) in paragraph (3), by striking ‘‘this chap- accordance with section 610.’’; ‘‘(E) the publication entitled ‘Urban Street ter’’ and inserting ‘‘the TIFIA program’’; (9) by inserting after paragraph (18) (as re- Design Guide’ of the National Association of (4) in paragraph (10)— designated) the following: City Transportation Officials; and’’; (A) in the matter preceding subparagraph ‘‘(19) STATE INFRASTRUCTURE BANK.—The (2) in subsection (f), by inserting ‘‘pedes- (A)— term ‘State infrastructure bank’ means an trian walkways,’’ after ‘‘bikeways,’’; and (i) by inserting ‘‘related’’ before infrastructure bank established under sec- (3) by adding at the end the following: ‘‘projects’’; and tion 610.’’; and ‘‘(s) SAFETY FOR MOTORIZED AND NON- (ii) by striking ‘‘(which shall receive an in- (10) in paragraph (22) (as redesignated), by MOTORIZED USERS.— vestment grade rating from a rating agen- inserting ‘‘established under sections 602 ‘‘(1) IN GENERAL.—Not later than 2 years cy)’’; through 609’’ after ‘‘Department’’. after the date of the enactment of this sub- (B) in subparagraph (A), by striking ‘‘sub- (b) DETERMINATION OF ELIGIBILITY AND section, the Secretary shall establish stand- ject to the availability of future funds being PROJECT SELECTION.—Section 602 of title 23, ards to ensure that the design of Federal sur- made available to carry out this chapter;’’ United States Code, is amended— face transportation projects provides for the and inserting ‘‘subject to— (1) in subsection (a)— safe and adequate accommodation (as deter- ‘‘(i) the availability of future funds being (A) in paragraph (1), in the matter pre- mined by the State or other direct recipient made available to carry out the TIFIA pro- ceding subparagraph (A), by striking ‘‘this of funds), in all phases of project planning, gram; and chapter’’ and inserting ‘‘the TIFIA pro- development, and operation, of all users of ‘‘(ii) the satisfaction of all of the condi- gram’’; the transportation network, including mo- tions for the provision of credit assistance (B) in paragraph (2)(A), by striking ‘‘this torized and nonmotorized users. under the TIFIA program, including section chapter’’ and inserting ‘‘the TIFIA pro- ‘‘(2) WAIVER FOR STATE LAW OR POLICY.— 603(b)(1);’’; and gram’’; The Secretary may waive the application of (C) in subparagraph (D)— (C) in paragraph (3), by striking ‘‘this standards established under paragraph (1) to (i) by redesignating clauses (ii) and (iii) as chapter’’ and inserting ‘‘the TIFIA pro- a State that has adopted a law or policy that clauses (iii) and (iv), respectively; gram’’; provides for the safe and adequate accommo- (ii) by inserting after clause (i) the fol- (D) in paragraph (5)— dation (as determined by the State or other lowing: (i) by striking the heading and inserting direct recipient of funds), in all phases of ‘‘(ii) receiving an investment grade rating ‘‘ELIGIBLE PROJECT COST PARAMETERS.—’’; project planning and development, of users from a rating agency;’’; (ii) in subparagraph (A)— of the transportation network on federally (iii) in clause (iii) (as so redesignated), by (I) in the matter preceding clause (i), by funded surface transportation projects. striking ‘‘section 602(c)’’ and inserting ‘‘in- striking ‘‘subparagraph (B), to be eligible for ‘‘(3) COMPLIANCE.— cluding sections 602(c) and 603(b)(1)’’; and assistance under this chapter, a project’’ and ‘‘(A) IN GENERAL.—Each State department (iv) in clause (iv) (as so redesignated), by inserting ‘‘subparagraphs (B) and (C), a of transportation shall submit a report to striking ‘‘this chapter’’ and inserting ‘‘the project under the TIFIA program’’; the Secretary, at such time, in such manner, TIFIA program’’; (II) by striking clause (i) and inserting the and containing such information as the Sec- (5) in paragraph (12)— following: retary shall require, that describes measures (A) in subparagraph (D)(iv), by striking the ‘‘(i) $50,000,000; and’’; and implemented by the State to comply with period at the end and inserting ‘‘; and’’; and (III) in clause (ii), by striking ‘‘assist- this subsection. (B) by adding at the end the following: ance’’; and ‘‘(B) DETERMINATION BY SECRETARY.—Upon ‘‘(E) a project to improve or construct pub- (iii) in subparagraph (B)— the receipt of a report from a State under lic infrastructure that is located within (I) by striking the subparagraph designa- subparagraph (A), the Secretary shall deter- walking distance of, and accessible to, a tion and heading and all that follows mine whether the State is in compliance fixed guideway transit facility, passenger through ‘‘In the case’’ and inserting the fol- with this section.’’. rail station, intercity bus station, or inter- lowing: (b) DESIGN STANDARD FLEXIBILITY.—Not- modal facility, including a transportation, ‘‘(B) EXCEPTIONS.— withstanding section 109(o) of title 23, United public utility, and capital project described ‘‘(i) INTELLIGENT TRANSPORTATION SYS- States Code, a local jurisdiction may use a in section 5302(3)(G)(v) of title 49, and related TEMS.—In the case’’; and roadway design guide that is different from infrastructure; (II) by adding at the end the following: the roadway design guide used by the State ‘‘(F) a project for the acquisition of plant ‘‘(ii) TRANSIT-ORIENTED DEVELOPMENT in which the local jurisdiction is located for and wildlife habitat pursuant to a conserva- PROJECTS.—In the case of a project described the design of projects on all roadways under tion plan that— in section 601(a)(12)(E), eligible project costs the ownership of the local jurisdiction (other ‘‘(i) has been approved by the Secretary of shall be reasonably anticipated to equal or than a highway on the Interstate System) the Interior pursuant to section 10 of the En- exceed $10,000,000. if— dangered Species Act of 1973 (16 U.S.C. 1539); ‘‘(iii) RURAL PROJECTS.—In the case of a (1) the local jurisdiction is the project and rural infrastructure project or a project cap- sponsor; ‘‘(ii) as determined by the Secretary of the italizing a rural projects fund, eligible (2) the roadway design guide— Interior, would mitigate the environmental project costs shall be reasonably anticipated

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5955 to equal or exceed $10,000,000, but not to ex- (C) by adding at the end the following: (ii) in subparagraph (B), by inserting ‘‘or ceed $100,000,000. ‘‘(V) in the case of a secured loan for a rural projects funds’’ after ‘‘rural infrastruc- ‘‘(iv) LOCAL INFRASTRUCTURE PROJECTS.— project capitalizing a rural projects fund, ture projects’’; Eligible project costs shall be reasonably an- any other dedicated revenue sources avail- (C) by striking paragraph (4) and redesig- ticipated to equal or exceed $10,000,000 in the able to a State infrastructure bank, includ- nating paragraphs (5) and (6) as paragraphs case of projects or programs of projects— ing repayments from loans made by the bank (4) and (5), respectively; and ‘‘(I) in which the applicant is a local gov- for rural infrastructure projects; and’’; (D) in paragraph (5) (as so redesignated), by ernment, public authority, or instrumen- (3) in paragraph (4)(B)— striking ‘‘0.50 percent’’ and inserting ‘‘1.5 tality of local government; (A) in clause (i), by striking ‘‘under this percent’’. ‘‘(II) located on a facility owned by a local chapter’’ and inserting ‘‘or a rural projects (h) REPORTS TO CONGRESS.—Section 609 of government; or fund under the TIFIA program’’; and title 23, United States Code, is amended by ‘‘(III) for which the Secretary determines (B) in clause (ii), by inserting ‘‘and rural striking ‘‘this chapter (other than section that a local government is substantially in- project funds’’ after ‘‘rural infrastructure 610)’’ each place it appears and inserting volved in the development of the project.’’; projects’’; ‘‘the TIFIA program’’. (E) in paragraph (9), in the matter pre- (4) in paragraph (5)— (i) STATE INFRASTRUCTURE BANK PRO- ceding subparagraph (A), by striking ‘‘this (A) by redesignating subparagraphs (A) and GRAM.—Section 610 of title 23, United States chapter’’ and inserting ‘‘the TIFIA pro- (B) as clauses (i) and (ii), respectively, and Code, is amended— gram’’; and indenting appropriately; (1) in subsection (a), by adding at the end (F) in paragraph (10)— (B) in the matter preceding subparagraph the following: (i) by striking ‘‘To be eligible’’ and insert- (A), by striking ‘‘The final’’ and inserting ‘‘(11) RURAL INFRASTRUCTURE PROJECT.— ing the following: the following: The term ‘rural infrastructure project’ has N GENERAL.—Except as provided in ‘‘(A) I ‘‘(A) IN GENERAL.—Except as provided in the meaning given the term in section 601. subparagraph (B), to be eligible’’; subparagraph (B), the final’’; and ‘‘(12) RURAL PROJECTS FUND.—The term (ii) by striking ‘‘this chapter’’ each place it (C) by adding at the end the following: ‘rural projects fund’ has the meaning given appears and inserting ‘‘the TIFIA program’’; ‘‘(B) RURAL PROJECTS FUND.—In the case of the term in section 601.’’; (iii) by striking ‘‘not later than’’ and in- a project capitalizing a rural projects fund, (2) in subsection (d)— serting ‘‘no later than’’; and the final maturity date of the secured loan (A) in paragraph (1)(A), by striking ‘‘each (iv) by adding at the end the following: shall not exceed 35 years after the date on of fiscal years’’ and all that follows through ‘‘(B) RURAL PROJECTS FUND.—In the case of which the secured loan is obligated.’’; the end of subparagraph (A) and inserting a project capitalizing a rural projects fund, (5) in paragraph (8), by striking ‘‘this chap- ‘‘each fiscal year under each of paragraphs the State infrastructure bank shall dem- ter’’ and inserting ‘‘the TIFIA program’’; and (1), (2), and (5) of section 104(b); and’’; onstrate, not later than 2 years after the (6) in paragraph (9)— date on which a secured loan is obligated for (B) in paragraph (2), by striking ‘‘in each of (A) by striking ‘‘The total Federal assist- fiscal years 2005 through 2009’’ and inserting the project under the TIFIA program, that ance provided on a project receiving a loan the bank has executed a loan agreement with ‘‘in each fiscal year’’; under this chapter’’ and inserting the fol- (C) in paragraph (3), by striking ‘‘in each of a borrower for a rural infrastructure project lowing: in accordance with section 610. After the fiscal years 2005 through 2009’’ and inserting ‘‘(A) IN GENERAL.—The total Federal assist- ‘‘in each fiscal year’’; demonstration is made, the bank may draw ance provided for a project receiving a loan upon the secured loan. At the end of the 2- (D) by redesignating paragraphs (4) under the TIFIA program’’; and year period, to the extent the bank has not through (6) as paragraphs (5) through (7), re- (B) by adding at the end the following: used the loan commitment, the Secretary spectively; ‘‘(B) RURAL PROJECTS FUND.—A project cap- may extend the term of the loan or withdraw (E) by inserting after paragraph (3) the fol- italizing a rural projects fund shall satisfy the loan commitment.’’; lowing: clause (i) through compliance with the Fed- (2) in subsection (b), by striking paragraph ‘‘(4) RURAL PROJECTS FUND.—Subject to eral share requirement described in section (2) and inserting the following: subsection (j), the Secretary may permit a 610(e)(3)(B).’’. ‘‘(2) MASTER CREDIT AGREEMENTS.— State entering into a cooperative agreement (d) PROGRAM ADMINISTRATION.—Section 605 under this section to establish a State infra- ‘‘(A) PROGRAM OF RELATED PROJECTS.—The of title 23, United States Code, is amended— Secretary may enter into a master credit structure bank to deposit into the rural (1) by striking ‘‘this chapter’’ each place it agreement for a program of related projects projects fund of the bank the proceeds of a appears and inserting ‘‘the TIFIA program’’; secured by a common security pledge on secured loan made to the bank in accordance and terms acceptable to the Secretary. with section 602 and 603.’’; and (2) by adding at the end the following: (F) in paragraph (6) (as redesignated), by ‘‘(B) ADEQUATE FUNDING NOT AVAILABLE.—If ‘‘(f) ASSISTANCE TO SMALL PROJECTS.— the Secretary fully obligates funding to eli- striking ‘‘section 133(d)(3)’’ and inserting ‘‘(1) RESERVATION OF FUNDS.—Of the funds ‘‘section 133(d)(1)(A)(i)’’; gible projects for a fiscal year and adequate made available to carry out the TIFIA pro- funding is not available to fund a credit in- (3) by striking subsection (e) and inserting gram for each fiscal year, and after the set- the following: strument, a project sponsor of an eligible aside under section 608(a)(6), not less than ‘‘(e) FORMS OF ASSISTANCE FROM STATE IN- project may elect to enter into a master $2,000,000 shall be made available for the Sec- FRASTRUCTURE BANKS.— credit agreement and wait to execute a cred- retary to use in lieu of fees collected under ‘‘(1) IN GENERAL.—A State infrastructure it instrument until the fiscal year for which subsection (b) for projects under the TIFIA bank established under this section may— additional funds are available to receive program having eligible project costs that ‘‘(A) with funds deposited into the highway credit assistance.’’; are reasonably anticipated not to equal or account, transit account, or rail account of (3) in subsection (c)(1), in the matter pre- exceed $75,000,000. the bank, make loans or provide other forms ceding subparagraph (A), by striking ‘‘this ‘‘(2) RELEASE OF FUNDS.—Any funds not of credit assistance to a public or private en- chapter’’ and inserting ‘‘the TIFIA pro- used under paragraph (1) shall be made avail- tity to carry out a project eligible for assist- gram’’; and able on October 1 of the following fiscal year ance under this section; and (4) in subsection (e), by striking ‘‘this to provide credit assistance to any project ‘‘(B) with funds deposited into the rural chapter’’ and inserting ‘‘the TIFIA pro- under the TIFIA program.’’. projects fund, make loans to a public or pri- gram’’. (e) STATE AND LOCAL PERMITS.—Section 606 (c) SECURED LOAN TERMS AND LIMITA- of title 23, United States Code, is amended in vate entity to carry out a rural infrastruc- TIONS.—Section 603(b) of title 23, United the matter preceding paragraph (1) by strik- ture project. States Code, is amended— ing ‘‘this chapter’’ and inserting ‘‘the TIFIA ‘‘(2) SUBORDINATION OF LOAN.—The amount (1) in paragraph (2)— program’’. of a loan or other form of credit assistance (A) by striking ‘‘The amount of’’ and in- (f) REGULATIONS.—Section 607 of title 23, provided for a project described in paragraph serting the following: United States Code, is amended by striking (1) may be subordinated to any other debt fi- ‘‘(A) IN GENERAL.—Except as provided in ‘‘this chapter’’ and inserting ‘‘the TIFIA pro- nancing for the project. subparagraph (B), the amount of’’; and gram’’. ‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—A (B) by adding at the end the following: (g) FUNDING.—Section 608 of title 23, United State infrastructure bank established under ‘‘(B) RURAL PROJECTS FUND.—In the case of States Code, is amended— this section may— a project capitalizing a rural projects fund, (1) by striking ‘‘this chapter’’ each place it ‘‘(A) with funds deposited into the highway the maximum amount of a secured loan appears and inserting ‘‘the TIFIA program’’; account, transit account, or rail account, made to a State infrastructure bank shall be and make loans or provide other forms of credit determined in accordance with section (2) in subsection (a)— assistance to a public or private entity in an 602(a)(5)(B)(iii).’’; (A) in paragraph (2), by inserting ‘‘of’’ after amount up to 100 percent of the cost of car- (2) in paragraph (3)(A)(i)— ‘‘504(f)’’; rying out a project eligible for assistance (A) in subclause (III), by striking ‘‘or’’ at (B) in paragraph (3)— under this section; and the end; (i) in subparagraph (A), by inserting ‘‘or ‘‘(B) with funds deposited into the rural (B) in subclause (IV), by striking ‘‘and’’ at rural projects funds’’ after ‘‘rural infrastruc- projects fund, make loans to a public or pri- the end and inserting ‘‘or’’; and ture projects’’; and vate entity in an amount not to exceed 80

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5956 CONGRESSIONAL RECORD — SENATE July 27, 2015 percent of the cost of carrying out a rural in- (2) in subparagraph (B), by striking ‘‘para- Code, is amended by inserting after the item frastructure project. graph (1)’’ and inserting ‘‘subparagraph (A)’’. relating to section 14508 the following: ‘‘(4) INITIAL ASSISTANCE.—Initial assistance (q) Section 4407 of SAFETEA–LU (Public ‘‘14509. High-speed broadband deployment provided with respect to a project from Fed- Law 109–59; 119 Stat. 1777), is amended by initiative.’’. striking ‘‘hereby enacted into law’’ and in- eral funds deposited into a State infrastruc- (b) AUTHORIZATION OF APPROPRIATIONS.— ture bank under this section may not be serting ‘‘granted’’. Section 14703 of title 40, United States Code, (r) Section 51001(a)(1) of the Transportation made in the form of a grant.’’; is amended— Research and Innovative Technology Act of (4) in subsection (g)— (1) in subsection (a)(5), by striking ‘‘fiscal 2012 (126 Stat. 864) is amended by striking (A) in paragraph (1), by striking ‘‘each ac- year 2012’’ and inserting ‘‘each of fiscal years count’’ and inserting ‘‘the highway account, ‘‘sections 503(b), 503(d), and 509’’ and insert- ing ‘‘section 503(b)’’. 2012 through 2021’’; the transit account, and the rail account’’; (2) by redesignating subsections (c) and (d) and TITLE V—MISCELLANEOUS as subsections (d) and (e), respectively; and (B) in paragraph (4), by inserting ‘‘, except SEC. 15001. APPALACHIAN DEVELOPMENT HIGH- (3) by inserting after subsection (b) the fol- that any loan funded from the rural projects WAY SYSTEM. lowing: Section 1528 of MAP–21 (40 U.S.C. 14501 fund of the bank shall bear interest at or ‘‘(c) HIGH-SPEED BROADBAND DEPLOYMENT note; Public Law 112–141) is amended— below the interest rate charged for the INITIATIVE.—Of the amounts made available TIFIA loan provided to the bank under sec- (1) by striking ‘‘2021’’ each place it appears under subsection (a), $10,000,000 shall be used tion 603’’ after ‘‘feasible’’; and and inserting ‘‘2050’’; and to carry out section 14509 for each of fiscal (5) in subsection (k), by striking ‘‘For each (2) by striking ‘‘shall be 100 percent’’ each years 2016 through 2021.’’. place it appears and inserting ‘‘shall be up to of fiscal years 2005 through 2009’’ and insert- (c) TERMINATION.—Section 14704 of title 40, ing ‘‘For each fiscal year’’. 100 percent, as determined by the State’’. United States Code, is amended by striking TITLE IV—TECHNICAL CORRECTIONS SEC. 15002. APPALACHIAN REGIONAL DEVELOP- ‘‘2012’’ and inserting ‘‘2021’’. MENT PROGRAM. (d) EFFECTIVE DATE.—This section and the SEC. 14001. TECHNICAL CORRECTIONS. (a) HIGH-SPEED BROADBAND DEVELOPMENT amendments made by this section take ef- (a) Section 101(a)(29) of title 23, United INITIATIVE.— fect on October 1, 2015. States Code, is amended— (1) IN GENERAL.—Subchapter I of chapter (1) in subparagraph (B), by inserting a 145 of subtitle IV of title 40, United States SEC. 15003. WATER INFRASTRUCTURE FINANCE comma after ‘‘disabilities’’; and Code, is amended by adding at the end the AND INNOVATION. (2) in subparagraph (F)(i), by striking following: Section 3907(a) of title 33, United States ‘‘133(b)(11)’’ and inserting ‘‘133(b)(14)’’. Code, is amended— ‘‘§ 14509. High-speed broadband deployment (1) by striking paragraph (5); and (b) Section 119(d)(1)(A) of title 23, United initiative States Code, is amended by striking ‘‘mobil- (2) by redesignating paragraphs (6) and (7) ‘‘(a) IN GENERAL.—The Appalachian Re- as paragraphs (5) and (6), respectively. ity,’’ and inserting ‘‘congestion reduction, gional Commission may provide technical system reliability,’’. SEC. 15004. ADMINISTRATIVE PROVISIONS TO EN- assistance, make grants, enter into con- COURAGE POLLINATOR HABITAT (c) Section 126(b) of title 23, United States tracts, or otherwise provide amounts to indi- Code (as amended by section 11014(b)), is AND FORAGE ON TRANSPORTATION viduals or entities in the Appalachian region RIGHTS-OF-WAY. amended by striking ‘‘133(d)’’ and inserting for projects and activities— ‘‘133(d)(1)(A)’’. (a) IN GENERAL.—Section 319 of title 23, ‘‘(1) to increase affordable access to United States Code, is amended— (d) Section 127(a)(3) of title 23, United broadband networks throughout the Appa- States Code, is amended by striking (1) in subsection (a), by inserting ‘‘(includ- lachian region; ing the enhancement of habitat and forage ‘‘118(b)(2) of this title’’ and inserting ‘‘(2) to conduct research, analysis, and ‘‘118(b)’’. for pollinators)’’ before ‘‘adjacent’’; and training to increase broadband adoption ef- (2) by adding at the end the following: (e) Section 150(c)(3)(B) of title 23, United forts in the Appalachian region; States Code, is amended by striking the ‘‘(c) ENCOURAGEMENT OF POLLINATOR HABI- ‘‘(3) to provide technology assets, including TAT AND FORAGE DEVELOPMENT AND PROTEC- semicolon at the end and inserting a period. computers, smartboards, and video projec- (f) Section 153(h)(2) of title 23, United TION ON TRANSPORTATION RIGHTS-OF-WAY.—In tors to educational systems throughout the carrying out any program administered by States Code, is amended by striking ‘‘para- Appalachian region; graphs (1) through (3)’’ and inserting ‘‘para- the Secretary under this title, the Secretary ‘‘(4) to increase distance learning opportu- shall, in conjunction with willing States, as graphs (1), (2), and (4)’’. nities throughout the Appalachian region; (g) Section 163(f)(2) of title 23, United appropriate— ‘‘(5) to increase the use of telehealth tech- States Code, is amended by striking ‘‘(1) encourage integrated vegetation man- nologies in the Appalachian region; and ‘‘118(b)(2)’’ and inserting ‘‘118(b)’’. agement practices on roadsides and other ‘‘(6) to promote e-commerce applications (h) Section 165(c)(7) of title 23, United transportation rights-of-way, including re- in the Appalachian region. States Code, is amended by striking ‘‘para- duced mowing; and ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.— graphs (2), (4), (7), (8), (14), and (19)’’ and in- ‘‘(2) encourage the development of habitat Of the cost of any activity eligible for a and forage for Monarch butterflies, other na- serting ‘‘paragraphs (2), (4), (6), (7), and (14)’’. grant under this section— (i) Section 202(b)(3) of title 23, United tive pollinators, and honey bees through ‘‘(1) not more than 50 percent may be pro- plantings of native forbs and grasses, includ- States Code, is amended— vided from amounts appropriated to carry (1) in subparagraph (A)(i), in the matter ing noninvasive, native milkweed species out this section; and that can serve as migratory way stations for preceding subclause (I), by inserting ‘‘(a)(6),’’ ‘‘(2) notwithstanding paragraph (1)— after ‘‘subsections’’; and butterflies and facilitate migrations of other ‘‘(A) in the case of a project to be carried pollinators.’’. (2) in subparagraph (C)(ii)(IV), by striking out in a county for which a distressed county (b) PROVISION OF HABITAT, FORAGE, AND MI- ‘‘(III).]’’ and inserting ‘‘(III).’’. designation is in effect under section 14526, GRATORY WAY STATIONS FOR MONARCH BUT- (j) Section 217(a) of title 23, United States not more than 80 percent may be provided TERFLIES, OTHER NATIVE POLLINATORS, AND Code, is amended by striking ‘‘104(b)(3)’’ and from amounts appropriated to carry out this inserting ‘‘104(b)(4)’’. HONEY BEES.—Section 329(a)(1) of title 23, section; and United States Code, is amended by inserting (k) Section 327(a)(2)(B)(iii) of title 23, ‘‘(B) in the case of a project to be carried United States Code, is amended by striking ‘‘provision of habitat, forage, and migratory out in a county for which an at-risk designa- way stations for Monarch butterflies, other ‘‘(42 U.S.C. 13 4321 et seq.)’’ and inserting ‘‘(42 tion is in effect under section 14526, not more U.S.C. 4321 et seq.)’’. native pollinators, and honey bees,’’ before than 70 percent may be provided from ‘‘and aesthetic enhancement’’. (l) Section 504(a)(4) of title 23, United amounts appropriated to carry out this sec- States Code, is amended by striking tion. SEC. 15005. STUDY ON PERFORMANCE OF BRIDGES. ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’. ‘‘(c) SOURCES OF ASSISTANCE.—Subject to (m) Section 515 of title 23, United States subsection (b), a grant provided under this (a) IN GENERAL.—Subject to subsection (c), Code, is amended by striking ‘‘this chapter’’ section may be provided from amounts made the Administrator of the Federal Highway each place it appears and inserting ‘‘sections available to carry out this section in com- Administration (referred to in this section as 512 through 518’’. bination with amounts made available— the ‘‘Administrator’’) shall commission the (n) Section 518(a) of title 23, United States ‘‘(1) under any other Federal program; or Transportation Research Board of the Na- Code, is amended by inserting ‘‘a report’’ ‘‘(2) from any other source. tional Academy of Sciences to conduct a after ‘‘House of Representatives’’. ‘‘(d) FEDERAL SHARE.—Notwithstanding study on the performance of bridges that re- (o) Section 6302(b)(3)(B)(vi)(III) of title 49, any provision of law limiting the Federal ceived funding under the innovative bridge United States Code, is amended by striking share under any other Federal program, research and construction program (referred ‘‘6310’’ and inserting ‘‘6309’’. amounts made available to carry out this to in this section as the ‘‘program’’) under (p) Section 1301(l)(3) of SAFETEA–LU (23 section may be used to increase that Federal section 503(b) of title 23, United States Code U.S.C. 101 note; Public Law 109–59) is amend- share, as the Appalachian Regional Commis- (as in effect on the day before the date of en- ed— sion determines to be appropriate.’’. actment of SAFETEA–LU (Public Law 109– (1) in subparagraph (A)(i), by striking (2) CONFORMING AMENDMENT.—The analysis 59; 119 Stat. 1144)) in meeting the goals of ‘‘complied’’ and inserting ‘‘compiled’’; and for chapter 145 of title 40, United States that program, which included—

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5957 (1) the development of new, cost-effective (2) in paragraph (3)— (I) by striking ‘‘and provide’’ and inserting innovative material highway bridge applica- (A) by striking subparagraph (F) and in- ‘‘, provide’’; and tions; serting the following: (II) by inserting before the period at the (2) the reduction of maintenance costs and ‘‘(F) leasing equipment or a facility for use end the following: ‘‘, and reduce vulner- lifecycle costs of bridges, including the costs in public transportation;’’; ability due to natural disasters of the exist- of new construction, replacement, or reha- (B) in subparagraph (G)— ing transportation infrastructure’’; and bilitation of deficient bridges; (i) in clause (iv), by adding ‘‘and’’ at the (iii) in subparagraph (H), by inserting be- (3) the development of construction tech- end; fore the period at the end the following: ‘‘, niques to increase safety and reduce con- (ii) in clause (v), by striking ‘‘and’’ at the including consideration of the role that struction time and traffic congestion; end; and intercity buses may play in reducing conges- (4) the development of engineering design (iii) by striking clause (vi); tion, pollution, and energy consumption in a criteria for innovative products and mate- (C) in subparagraph (K), by striking ‘‘or’’ cost-effective manner and strategies and in- rials for use in highway bridges and struc- at the end; vestments that preserve and enhance inter- tures; (D) in subparagraph (L), by striking the pe- city bus systems, including systems that are (5) the development of cost-effective and riod at the end and inserting a semicolon; privately owned and operated’’; innovative techniques to separate vehicle and (B) in paragraph (6)(A)— and pedestrian traffic from railroad traffic; (E) by adding at the end the following: (i) by inserting ‘‘public ports,’’ before (6) the development of highway bridges and ‘‘(M) associated transit improvements; or ‘‘freight shippers’’; and structures that will withstand natural disas- ‘‘(N) technological changes or innovations (ii) by inserting ‘‘(including intercity bus ters, including alternative processes for the to modify low or no emission vehicles (as de- operators and commuter vanpool providers)’’ seismic retrofit of bridges; and fined in section 5339(c)) or facilities.’’; and after ‘‘private providers of transportation’’; (7) the development of new nondestructive (3) by adding at the end the following: and bridge evaluation technologies and tech- ‘‘(24) VALUE CAPTURE.—The term ‘value (C) in paragraph (8), by striking ‘‘para- niques. capture’ means recovering the increased graph (2)(C)’’ each place that term appears (b) CONTENTS.—The study commissioned value to property located near public trans- and inserting ‘‘paragraph (2)(E)’’; under subsection (a) shall include— portation resulting from investments in pub- (8) in subsection (j)(5)(A), by striking ‘‘sub- (1) an analysis of the performance of lic transportation.’’. section (k)(4)’’ and inserting ‘‘subsection bridges that received funding under the pro- SEC. 21003. METROPOLITAN TRANSPORTATION (k)(3)’’; gram in meeting the goals described in para- PLANNING. (9) in subsection (k)— graphs (1) through (7) of subsection (a); Section 5303 of title 49, United States Code, (A) by striking paragraph (3); and is amended— (2) an analysis of the utility, compared to (B) by redesignating paragraphs (4) and (5) (1) in subsection (a)(1), by inserting ‘‘resil- conventional materials and technologies, of as paragraphs (3) and (4), respectively; ient’’ after ‘‘development of’’; each of the innovative materials and tech- (10) in subsection (l)— (2) in subsection (c)(2), by striking ‘‘and bi- nologies used in projects for bridges under (A) in paragraph (1), by adding a period at cycle transportation facilities’’ and inserting the program in meeting the needs of the the end; and ‘‘, bicycle transportation facilities, inter- United States in 2015 and in the future for a (B) in paragraph (2)(D), by striking ‘‘of less modal facilities that support intercity trans- than 200,000’’ and inserting ‘‘with a popu- sustainable and low lifecycle cost transpor- portation, including intercity buses and lation of 200,000 or less’’; tation system; intercity bus facilities, and commuter van- (11) by striking subsection (n); (3) recommendations to Congress on how pool providers’’; (12) by redsignating subsections (o), (p), the installed and lifecycle costs of bridges (3) in subsection (d)— and (q) as subsections (n), (o), and (p), respec- could be reduced through the use of innova- (A) by redesignating paragraphs (3) tively; tive materials and technologies, including, through (6) as paragraphs (4) through (7), re- (13) in subsection (o), as so redesignated, as appropriate, any changes in the design spectively; by striking ‘‘set aside under section 104(f) of and construction of bridges needed to maxi- (B) by inserting after paragraph (2) the fol- title 23’’ and inserting ‘‘apportioned under mize the cost reductions; and lowing: paragraphs (5)(D) and (6) of section 104(b) of (4) a summary of any additional research ‘‘(3) REPRESENTATION.— title 23’’; and that may be needed to further evaluate inno- ‘‘(A) IN GENERAL.—Designation or selection (14) by adding at the end the following: vative approaches to reducing the installed of officials or representatives under para- ‘‘(q) TREATMENT OF LAKE TAHOE REGION.— and lifecycle costs of highway bridges. graph (2) shall be determined by the metro- ‘‘(1) DEFINITION OF LAKE TAHOE REGION.—In (c) PUBLIC COMMENT.—Before commis- politan planning organization according to this subsection, the term ‘Lake Tahoe Re- sioning the study under subsection (a), the the bylaws or enabling statute of the organi- gion’ has the meaning given the term ‘re- Administrator shall provide an opportunity zation. gion’ in subsection (a) of Article II of the for public comment on the study proposal. ‘‘(B) PUBLIC TRANSPORTATION REPRESENTA- Lake Tahoe Regional Planning Compact (d) DATA FROM STATES.—Each State that TIVE.—Subject to the bylaws or enabling (Public Law 96–551; 94 Stat. 3234). received funds under the program shall pro- statute of the metropolitan planning organi- ‘‘(2) TREATMENT.—For purposes of this vide to the Transportation Research Board zation, a representative of a provider of pub- title, the Lake Tahoe Region shall be treated any relevant data needed to carry out the lic transportation may also serve as a rep- as— study commissioned under subsection (a). resentative of a local municipality. ‘‘(A) a metropolitan planning organization; (e) DEADLINE.—The Administrator shall ‘‘(C) POWERS OF CERTAIN OFFICIALS.—An of- ‘‘(B) a transportation management area submit to Congress the study commissioned ficial described in paragraph (2)(B) shall have under subsection (k); and under subsection (a) not later than 3 years responsibilities, actions, duties, voting ‘‘(C) an urbanized area, which is comprised after the date of enactment of this Act. rights, and any other authority commensu- of— SEC. 15006. SPORT FISH RESTORATION AND REC- rate with other officials described in para- ‘‘(i) a population of 145,000 and 25 square REATIONAL BOATING SAFETY. graph (2)(B).’’; and miles of land area in the State of California; Section 4 of the Dingell-Johnson Sport (C) in paragraph (5), as so redesignated, by and Fish Restoration Act (16 U.S.C. 777c), as striking ‘‘paragraph (5)’’ and inserting ‘‘(ii) a population of 65,000 and 12 square amended by section 73103, is amended— ‘‘paragraph (6)’’; miles of land area in the State of Nevada.’’. (1) in subsection (a), in the matter pre- (4) in subsection (e)(4)(B), by striking ‘‘sub- SEC. 21004. STATEWIDE AND NONMETROPOLITAN ceding paragraph (1) by striking ‘‘2015’’ and section (d)(5)’’ and inserting ‘‘subsection TRANSPORTATION PLANNING. inserting ‘‘2021’’; and (d)(6)’’; (a) IN GENERAL.—Section 5304 of title 49, (2) in subsection (b)(1)(A) by striking (5) in subsection (g)(3)(A), by inserting United States Code, is amended— ‘‘2015’’ and inserting ‘‘2021’’. ‘‘natural disaster risk reduction,’’ after ‘‘en- (1) in subsection (a)(2), by striking ‘‘and bi- DIVISION B—PUBLIC TRANSPORTATION vironmental protection,’’; cycle transportation facilities’’ and inserting TITLE XXI—FEDERAL PUBLIC (6) in subsection (h)(1)— ‘‘, bicycle transportation facilities, inter- TRANSPORTATION ACT (A) in subparagraph (G), by striking ‘‘and’’ modal facilities that support intercity trans- at the end; portation, including intercity buses and SEC. 21001. SHORT TITLE. (B) in subparagraph (H), by striking the pe- intercity bus facilities, and commuter van- This title may be cited as the ‘‘Federal riod at the end and inserting ‘‘; and’’; and pool providers’’; Public Transportation Act of 2015’’. (C) by adding at the end the following: (2) in subsection (d)— SEC. 21002. DEFINITIONS. ‘‘(I) improve the resilience and reliability (A) in paragraph (1)— Section 5302 of title 49, United States Code, of the transportation system.’’; (i) in subparagraph (G), by striking ‘‘and’’ is amended— (7) in subsection (i)— at the end; (1) in paragraph (1)(E), by striking ‘‘bicycle (A) in paragraph (2)— (ii) in subparagraph (H), by striking the pe- storage facilities and installing equipment’’ (i) in subparagraph (A)(i), by striking riod at the end and inserting ‘‘; and’’; and and inserting ‘‘bicycle storage shelters and ‘‘transit’’ and inserting ‘‘public transpor- (iii) by adding at the end the following: parking facilities and the installation of tation facilities, intercity bus facilities’’; ‘‘(I) improve the resilience and reliability equipment’’; (ii) in subparagraph (G)— of the transportation system.’’; and

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5958 CONGRESSIONAL RECORD — SENATE July 27, 2015 (B) in paragraph (2)— tation in an area that the Secretary deter- a capital expense necessary to maintain the (i) in subparagraph (B)(ii), by striking ‘‘ur- mines has— level and quality of service provided in the banized areas with a population of fewer ‘‘(i) a population of not fewer than 200,000 preceding fiscal year; and than 200,000 individuals, as calculated ac- individuals, as determined by the Bureau of ‘‘(iv) the recipient will not use funding cording to the most recent decennial census, the Census; and under this section for new capital assets ex- and’’ and inserting ‘‘areas’’; and ‘‘(ii) a 3-month unemployment rate, as re- cept as necessary for the existing system to (ii) in subparagraph (C)— ported by the Bureau of Labor Statistics, maintain or achieve a state of good repair, (I) by striking ‘‘title 23’’ and inserting that is— assure safety, or replace obsolete tech- ‘‘this chapter’’; and ‘‘(I) greater than 7 percent; and nology.’’; and (II) by striking ‘‘urbanized areas with a ‘‘(II) at least 2 percentage points greater (2) in subsection (c)(1)— population of fewer than 200,000 individuals, than the lowest 3-month unemployment rate (A) in subparagraph (C), by inserting ‘‘in a as calculated according to the most recent for the area during the 5-year period pre- state of good repair’’ after ‘‘equipment and decennial census, and’’ and inserting ceding the date of the determination. facilities’’; ‘‘areas’’; ‘‘(B) AWARD OF GRANT.— (B) in subparagraph (J), by adding ‘‘and’’ (3) in subsection (e)(1)— ‘‘(i) IN GENERAL.—Except as otherwise pro- at the end; (A) by striking ‘‘’In’’ and inserting ‘‘In’’; vided in this subparagraph, the Secretary (C) by striking subparagraph (K); and and may make a grant under this paragraph for (D) by redesignating subparagraph (L) as (B) by striking ‘‘subsection (l)’’ and insert- not more than 2 consecutive fiscal years. subparagraph (K). ing ‘‘subsection (k)’’; ‘‘(ii) ADDITIONAL YEAR.—If, at the end of SEC. 21006. FIXED GUIDEWAY CAPITAL INVEST- (4) in subsection (f)— the second fiscal year following the date on MENT GRANTS. (A) in paragraph (2)(B)(i), by striking ‘‘sub- which the Secretary makes a determination (a) IN GENERAL.—Section 5309 of title 49, section (l)’’ and inserting ‘‘subsection (k)’’; under subparagraph (A) with respect to an United States Code, is amended— (B) in paragraph (3)(A)— area, the Secretary determines that the 3- (1) in subsection (a)— (i) in clause (i), by striking ‘‘subsection month unemployment rate for the area is at (A) in paragraph (3), by striking ‘‘and (l)’’ and inserting ‘‘subsection (k)’’; and least 2 percentage points greater than the weekend days’’; (ii) in clause (ii), by inserting ‘‘(including unemployment rate for the area at the time (B) in paragraph (6)— intercity bus operators and commuter van- the Secretary made the determination under (i) in subparagraph (A), by inserting ‘‘, pool providers)’’ after ‘‘private providers of subparagraph (A), the Secretary may make a small start projects,’’ after ‘‘new fixed guide- transportation’’; grant to a recipient in the area for 1 addi- way capital projects’’; and (C) in paragraph (7), in the matter pre- tional consecutive fiscal year. (ii) by striking subparagraph (B) and in- serting the following: ceding subparagraph (A), by striking ‘‘(iii) EXCLUSION PERIOD.—Beginning on the ‘‘(B) 2 or more projects that are any com- ‘‘should’’ and inserting ‘‘shall’’; and last day of the last consecutive fiscal year bination of new fixed guideway capital (D) in paragraph (8), by inserting ‘‘, includ- for which a recipient receives a grant under projects, small start projects, and core ca- ing consideration of the role that intercity this paragraph, the Secretary may not make pacity improvement projects.’’; and buses may play in reducing congestion, pol- a subsequent grant under this paragraph to the recipient for a number of fiscal years (C) in paragraph (7)— lution, and energy consumption in a cost-ef- equal to the number of consecutive fiscal (i) in subparagraph (A), by striking fective manner and strategies and invest- years in which the recipient received a grant ‘‘$75,000,000’’ and inserting ‘‘$100,000,000’’; and ments that preserve and enhance intercity under this paragraph. (ii) in subparagraph (B), by striking bus systems, including systems that are pri- ‘‘(C) LIMITATION.— ‘‘$250,000,000’’ and inserting ‘‘$300,000,000’’; vately owned and operated’’ before the pe- ‘‘(i) FIRST FISCAL YEAR.—For the first fis- (2) in subsection (d)— riod at the end; cal year following the date on which the Sec- (A) in paragraph (1)(B), by striking ‘‘, poli- (5) in subsection (g)— retary makes a determination under sub- cies and land use patterns that promote pub- (A) in paragraph (2)(B)(i), by striking ‘‘sub- paragraph (A) with respect to an area, not lic transportation,’’; and section (l)’’ and inserting ‘‘subsection (k)’’; more than 25 percent of the amount appor- (B) in paragraph (2)(A)— (B) in paragraph (3)— tioned to a designated recipient under sec- (i) in clause (iii), by adding ‘‘and’’ at the (i) by inserting ‘‘public ports,’’ before tion 5336 for the fiscal year shall be available end; ‘‘freight shippers’’; and for operating assistance for the area. (ii) by striking clause (iv); and (ii) by inserting ‘‘(including intercity bus ‘‘(ii) SECOND AND THIRD FISCAL YEARS.—For (iii) by redesignating clause (v) as clause operators)’’ after ‘‘private providers of trans- the second and third fiscal years following (iv); portation’’; and the date on which the Secretary makes a de- (3) in subsection (g)(2)(A)(i), by striking ‘‘, (C) in paragraph (6)(A), by striking ‘‘sub- termination under subparagraph (A) with re- the policies and land use patterns that sup- section (l)’’ and inserting ‘‘subsection (k)’’; spect to an area, not more than 20 percent of port public transportation,’’; (6) by striking subsection (i); and the amount apportioned to a designated re- (4) in subsection (i)— (7) by redesignating subsections (j), (k), cipient under section 5336 for the fiscal year (A) in paragraph (1), by striking ‘‘sub- and (l) as subsections (i), (j), and (k), respec- shall be available for operating assistance section (d) or (e)’’ and inserting ‘‘subsection tively. for the area. (d), (e), or (h)’’; (b) CONFORMING AMENDMENT.—Section ‘‘(D) PERIOD OF AVAILABILITY FOR OPER- (B) in paragraph (2)— 5303(b)(5) of title 49, United States Code, is ATING ASSISTANCE.—Operating assistance (i) in the matter preceding subparagraph amended by striking ‘‘section 5304(l)’’ and in- awarded under this paragraph shall be avail- (A), by inserting ‘‘new fixed guideway capital serting ‘‘section 5304(k)’’. able for expenditure to a recipient in an area project or core capacity improvement’’ after SEC. 21005. URBANIZED AREA FORMULA GRANTS. until the end of the second fiscal year fol- ‘‘federally funded’’; Section 5307 of title 49, United States Code, lowing the date on which the Secretary (ii) by striking subparagraph (D) and in- is amended— makes a determination under subparagraph serting the following: (1) in subsection (a)— (A) with respect to the area, after which ‘‘(D) the program of interrelated projects, (A) in paragraph (2), by inserting ‘‘or gen- time any unexpended funds shall be available when evaluated as a whole— eral public demand response service’’ before to the recipient for other eligible activities ‘‘(i) meets the requirements of subsection ‘‘during’’ each place that term appears; and under this section. (d)(2), subsection (e)(2), or paragraphs (3) and (B) by adding at the end the following: ‘‘(E) CERTIFICATION.—The Secretary may (4) of subsection (h), as applicable, if the pro- ‘‘(3) EXCEPTION TO SPECIAL RULE.—Notwith- make a grant for operating assistance under gram is comprised entirely of— standing paragraph (2), if a public transpor- this paragraph for a fiscal year only if the ‘‘(I) new fixed guideway capital projects; tation system described in that paragraph recipient certifies that— ‘‘(II) core capacity improvement projects; executes a written agreement with 1 or more ‘‘(i) the recipient will maintain public or other public transportation systems within transportation service levels at or above the ‘‘(III) small start projects; or the urbanized area to allocate funds for the current service level, which shall be dem- ‘‘(ii) meets the requirements of subsection purposes described in that paragraph by a onstrated by providing an equal or greater (d)(2) if the program is comprised of any method other than by measuring vehicle rev- number of vehicle hours of service in the fis- combination of new fixed guideway projects, enue hours, each public transportation sys- cal year than the number of vehicle hours of small start projects, and core capacity im- tem that is a party to the written agreement service provided in the preceding fiscal year; provement projects;’’; and may follow the terms of the written agree- ‘‘(ii) any non-Federal entity that provides (iii) in subparagraph (F), by inserting ‘‘or ment without regard to measured vehicle funding to the recipient, including a State or (h)(5), as applicable’’ after ‘‘subsection (f)’’; revenue hours referred to in that paragraph. local governmental entity, will maintain the and ‘‘(4) TEMPORARY AND TARGETED ASSIST- tax rate or rate of allocations dedicated to (C) in paragraph (3), by striking subpara- ANCE.— public transportation at or above the rate graph (A) and inserting the following: ‘‘(A) ELIGIBILITY.—The Secretary may for the preceding fiscal year; ‘‘(A) PROJECT ADVANCEMENT.—A project re- make a grant under this section to finance ‘‘(iii) the recipient has allocated the max- ceiving a grant under this section that is the operating cost of equipment and facili- imum amount of funding under this section part of a program of interrelated projects ties to a recipient for use in public transpor- for preventive maintenance costs eligible as may not advance—

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5959 ‘‘(i) in the case of a small start project, guideway’’, ‘‘local governmental authority’’, (i) the Federal assistance provided or to be from the project development phase to the ‘‘public transportation’’, ‘‘State’’, and ‘‘state provided under this subsection is less than construction phase unless the Secretary de- of good repair’’ have the meanings given $75,000,000; and termines that the program of interrelated those terms in section 5302 of title 49, United (ii) the total estimated net capital cost is projects meets the applicable requirements States Code. less than $300,000,000. of this section and there is a reasonable like- (C) CORE CAPACITY IMPROVEMENT PROJECT.— (2) GENERAL AUTHORITY.—The Secretary lihood that the program will continue to The term ‘‘core capacity improvement may make grants under this subsection to meet such requirements; or project’’— States and local governmental authorities to ‘‘(ii) in the case of a new fixed guideway (i) means a substantial corridor-based cap- assist in financing— capital project or a core capacity improve- ital investment in an existing fixed guide- (A) new fixed guideway capital projects or ment project, from the project development way system that increases the capacity of a small start projects, including the acquisi- phase to the engineering phase, or from the corridor by not less than 10 percent; and tion of real property, the initial acquisition engineering phase to the construction phase, (ii) may include project elements designed unless the Secretary determines that the to aid the existing fixed guideway system in of rolling stock for the system, the acquisi- program of interrelated projects meets the making substantial progress towards achiev- tion of rights-of-way, and relocation, for applicable requirements of this section and ing a state of good repair. projects in the advanced stages of planning there is a reasonable likelihood that the pro- (D) CORRIDOR-BASED BUS RAPID TRANSIT and design; and gram will continue to meet such require- PROJECT.—The term ‘‘corridor-based bus (B) core capacity improvement projects, ments.’’; and rapid transit project’’ means a small start including the acquisition of real property, (5) by adding at the end the following: project utilizing buses in which the project the acquisition of rights-of-way, double ‘‘(p) JOINT PUBLIC TRANSPORTATION AND represents a substantial investment in a de- tracking, signalization improvements, elec- INTERCITY PASSENGER RAIL PROJECTS.— fined corridor as demonstrated by features trification, expanding system platforms, ac- ‘‘(1) IN GENERAL.—The Secretary may make that emulate the services provided by rail quisition of rolling stock associated with grants for new fixed guideway capital fixed guideway public transportation sys- corridor improvements increasing capacity, projects and core capacity improvement tems— construction of infill stations, and such projects that provide both public transpor- (i) including— other capacity improvement projects as the tation and intercity passenger rail service. (I) defined stations; Secretary determines are appropriate to in- ‘‘(2) ELIGIBLE COSTS.—Eligible costs for a (II) traffic signal priority for public trans- crease the capacity of an existing fixed project under this subsection shall be lim- portation vehicles; guideway system corridor by not less than 10 ited to the net capital costs of the public (III) short headway bidirectional services percent. Core capacity improvement projects transportation costs attributable to the for a substantial part of weekdays; and do not include elements to improve general project based on projected use of the new (IV) any other features the Secretary may station facilities or parking, or acquisition segment or expanded capacity of the project determine support a long-term corridor in- of rolling stock alone. corridor, not including project elements de- vestment; and (3) GRANT REQUIREMENTS.— signed to achieve or maintain a state of good (ii) the majority of which does not operate (A) IN GENERAL.—The Secretary may make repair, as determined by the Secretary under in a separated right-of-way dedicated for not more than 10 grants under this sub- paragraph (4). public transportation use during peak peri- section for an eligible project if the Sec- ‘‘(3) PROJECT JUSTIFICATION AND LOCAL FI- ods. retary determines that— NANCIAL COMMITMENT.—A project under this (E) ELIGIBLE PROJECT.—The term ‘‘eligible (i) the eligible project is part of an ap- subsection shall be evaluated for project jus- project’’ means a new fixed guideway capital tification and local financial commitment project, a small start project, or a core ca- proved transportation plan required under under subsections (d), (e), (f), and (h), as ap- pacity improvement project that has not en- sections 5303 and 5304 of title 49, United plicable to the project, based on— tered into a full funding grant agreement States Code; ‘‘(A) the net capital costs of the public with the Federal Transit Administration be- (ii) the applicant has, or will have— transportation costs attributable to the fore the date of enactment of this Act. (I) the legal, financial, and technical ca- project as determined under paragraph (4); (F) FIXED GUIDEWAY BUS RAPID TRANSIT pacity to carry out the eligible project, in- and PROJECT.—The term ‘‘fixed guideway bus cluding the safety and security aspects of ‘‘(B) the share of funds dedicated to the rapid transit project’’ means a bus capital the eligible project; project from sources other than this section project— (II) satisfactory continuing control over included in the unified finance plan for the (i) in which the majority of the project op- the use of the equipment or facilities; project. erates in a separated right-of-way dedicated (III) the technical and financial capacity ‘‘(4) CALCULATION OF NET CAPITAL PROJECT for public transportation use during peak pe- to maintain new and existing equipment and COST.—The Secretary shall estimate the net riods; facilities; and capital costs of a project under this sub- (ii) that represents a substantial invest- (IV) advisors providing guidance to the ap- section based on— ment in a single route in a defined corridor plicant on the terms and structure of the ‘‘(A) engineering studies; or subarea; and project that are independent from investors ‘‘(B) studies of economic feasibility; (iii) that includes features that emulate in the project; ‘‘(C) the expected use of equipment or fa- the services provided by rail fixed guideway (iii) the eligible project is supported, or cilities; and public transportation systems, including— will be supported, in part, through a public- ‘‘(D) the public transportation costs attrib- (I) defined stations; private partnership, provided such support is utable to the project. (II) traffic signal priority for public trans- determined by local policies, criteria, and ‘‘(5) GOVERNMENT SHARE OF NET CAPITAL portation vehicles; decisionmaking under section 5306(a) of title PROJECT COST.— (III) short headway bidirectional services 49, United States Code; ‘‘(A) GOVERNMENT SHARE.—The Govern- for a substantial part of weekdays and week- (iv) the eligible project is justified based end days; and ment share shall not exceed 80 percent of the on findings presented by the project sponsor (IV) any other features the Secretary may net capital cost attributable to the public to the Secretary, including— determine are necessary to produce high- transportation costs of a project under this (I) mobility improvements attributable to quality public transportation services that subsection as determined under paragraph the project; emulate the services provided by rail fixed (4). (II) environmental benefits associated with ‘‘(B) NON-GOVERNMENT SHARE.—The re- guideway public transportation systems. the project; mainder of the net capital cost attributable (G) NEW FIXED GUIDEWAY CAPITAL (III) congestion relief associated with the to the public transportation costs of a PROJECT.—The term ‘‘new fixed guideway project; project under this subsection shall be pro- capital project’’ means— (IV) economic development effects derived vided from an undistributed cash surplus, a (i) a fixed guideway project that is a min- as a result of the project; and replacement or depreciation cash fund or re- imum operable segment or extension to an serve, or new capital.’’. existing fixed guideway system; or (V) estimated ridership projections; and (b) EXPEDITED PROJECT DELIVERY FOR CAP- (ii) a fixed guideway bus rapid transit (v) the eligible project is supported by an ITAL INVESTMENT GRANTS PILOT PROGRAM.— project that is a minimum operable segment acceptable degree of local financial commit- (1) DEFINITIONS.—In this subsection, the or an extension to an existing bus rapid tran- ment (including evidence of stable and de- following definitions shall apply: sit system. pendable financing sources). (A) APPLICANT.—The term ‘‘applicant’’ (H) RECIPIENT.—The term ‘‘recipient’’ (B) CERTIFICATION.—An applicant that has means a State or local governmental author- means a recipient of funding under chapter submitted the certifications required under ity that applies for a grant under this sub- 53 of title 49, United States Code. subparagraphs (A), (B), (C), and (H) of section section. (I) SMALL START PROJECT.—The term 5307(c)(1) of title 49, United States Code, (B) CAPITAL PROJECT; FIXED GUIDEWAY; ‘‘small start project’’ means a new fixed shall be deemed to have provided sufficient LOCAL GOVERNMENTAL AUTHORITY; PUBLIC guideway capital project, a fixed guideway information upon which the Secretary may TRANSPORTATION; STATE; STATE OF GOOD RE- bus rapid transit project, or a corridor-based make the determinations required under this PAIR.—The terms ‘‘capital project’’, ‘‘fixed bus rapid transit project for which— paragraph.

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(C) TECHNICAL CAPACITY.—The Secretary (A) IN GENERAL.—Not later than 120 days (I) IN GENERAL.—A full funding grant shall use an expedited technical capacity re- after the date on which the Secretary re- agreement under this subparagraph obligates view process for applicants that have re- ceives a grant request of an applicant under an amount of available budget authority cently and successfully completed not less paragraph (4), the Secretary shall provide specified in law and may include a commit- than 1 new fixed guideway capital project, written notice to the applicant— ment, contingent on amounts to be specified small start project, or core capacity im- (i) of approval of the grant request; or in law in advance for commitments under provement project, if— (ii) if the grant request does not meet the this subparagraph, to obligate an additional (i) the applicant achieved budget, cost, and requirements under paragraph (4), of dis- amount from future available budget author- ridership outcomes for the project that are approval of the grant request, including a de- ity specified in law. tailed explanation of the reasons for the dis- consistent with or better than projections; (II) STATEMENT OF CONTINGENT COMMIT- approval. and MENT.—A full funding grant agreement shall (B) CONCURRENT NOTICE.—The Secretary (ii) the applicant demonstrates that the state that the contingent commitment is not applicant continues to have the staff exper- shall provide concurrent notice of an ap- proval or disapproval of a grant request an obligation of the Federal Government. tise and other resources necessary to imple- (III) INTEREST AND OTHER FINANCING ment a new project. under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs of the COSTS.—Interest and other financing costs of (D) FINANCIAL COMMITMENT.— Senate and the Committee on Transpor- efficiently carrying out a part of the eligible (i) REQUIREMENTS.—In determining wheth- project within a reasonable time are a cost er an eligible project is supported by an ac- tation and Infrastructure of the House of Representatives. of carrying out the eligible project under a ceptable degree of local financial commit- (6) WAIVER.—The Secretary may grant a full funding grant agreement, except that el- ment and shows evidence of stable and de- waiver to an applicant that does not comply igible costs may not be more than the cost of pendable financing sources for purposes of with paragraph (4)(D) if— the most favorable financing terms reason- subparagraph (A)(v), the Secretary shall re- (A) the eligible project meets the defini- ably available for the eligible project at the quire that— tion of a core capacity improvement project; time of borrowing. The applicant shall cer- (I) each proposed source of capital and op- and tify, in a way satisfactory to the Secretary, erating financing is stable, reliable, and (B) the Secretary certifies that the eligible that the applicant has shown reasonable dili- available within the proposed eligible project project will allow the applicant to make sub- gence in seeking the most favorable financ- timetable; and stantial progress in achieving a state of good ing terms. (II) resources are available to recapitalize, repair. maintain, and operate the overall existing (IV) COMPLETION OF OPERABLE SEGMENT.— (7) SELECTION CRITERIA.—The Secretary and proposed public transportation system, The amount stipulated in an agreement may enter into a full funding grant agree- under this subparagraph for a new fixed including essential feeder bus and other serv- ment with an applicant under this sub- ices necessary, without degradation to the guideway capital project, core capacity im- section for an eligible project for which an provement project, or small start project existing level of public transportation serv- application has been submitted and approved ices. shall be sufficient to complete at least an op- for advancement by the Secretary under erable segment. (ii) CONSIDERATIONS.—In assessing the sta- paragraph (4), only if the applicant has com- (v) EXCEPTION.— bility, reliability, and availability of pro- pleted the planning and activities required (I) IN GENERAL.—The Secretary, to the posed sources of financing under clause (i), under the National Environmental Policy maximum extent practicable, shall provide the Secretary shall consider— Act of 1969 (42 U.S.C. 4321 et seq.). Federal assistance under this subsection for (I) the reliability of the forecasting meth- (8) LETTERS OF INTENT AND FULL FUNDING a small start project in a single grant. If the ods used to estimate costs and revenues GRANT AGREEMENTS.— made by the applicant and the contractors to (A) LETTERS OF INTENT.— Secretary cannot provide such a single the applicant; (i) AMOUNTS INTENDED TO BE OBLIGATED.— grant, the Secretary may execute an expe- (II) existing grant commitments; The Secretary may issue a letter of intent to dited grant agreement in order to include a (III) the degree to which financing sources an applicant announcing an intention to ob- commitment on the part of the Secretary to are dedicated to the proposed eligible ligate, for an eligible project under this sub- provide funding for the project in future fis- project; section, an amount from future available cal years. (IV) any debt obligation that exists or is budget authority specified in law that is not (II) TERMS OF EXPEDITED GRANT AGREE- proposed by the applicant, for the proposed more than the amount stipulated as the fi- MENTS.—In executing an expedited grant eligible project or other public transpor- nancial participation of the Secretary in the agreement under this clause, the Secretary tation purpose; and eligible project. When a letter is issued for may include in the agreement terms similar (V) private contributions to the eligible an eligible project under this subsection, the to those established under clause (iii). project, including cost-effective project de- amount shall be sufficient to complete at (C) LIMITATION ON AMOUNTS.— livery, management or transfer of project least an operable segment. (i) IN GENERAL.—The Secretary may enter risks, expedited project schedule, financial (ii) TREATMENT.—The issuance of a letter into full funding grant agreements under partnering, and other public-private partner- under clause (i) is deemed not to be an obli- this paragraph for eligible projects that con- ship strategies. gation under section 1108(c), 1501, or 1502(a) tain contingent commitments to incur obli- (E) LABOR STANDARDS.—The requirements of title 31, United States Code, or an admin- gations in such amounts as the Secretary de- under section 5333 of title 49, United States istrative commitment. termines are appropriate. Code, shall apply to each recipient of a grant (B) FULL FUNDING GRANT AGREEMENTS.— (ii) APPROPRIATION REQUIRED.—An obliga- under this subsection. (i) IN GENERAL.—Except as provided in tion may be made under this paragraph only (4) PROJECT ADVANCEMENT.—An applicant clause (v), an eligible project shall be carried when amounts are appropriated for obliga- that desires a grant under this subsection out under this subsection through a full tion. and meets the requirements of paragraph (3) funding grant agreement. (D) NOTIFICATION TO CONGRESS.— shall submit to the Secretary, and the Sec- (ii) CRITERIA.—The Secretary shall enter (i) IN GENERAL.—Not later than 30 days be- retary shall approve for advancement, a into a full funding grant agreement, based fore the date on which the Secretary issues grant request that contains— the requirements of this subparagraph, with a letter of intent or enters into a full funding (A) identification of an eligible project; each applicant receiving assistance for an el- grant agreement for an eligible project under (B) a schedule and finance plan for the con- igible project that has received a written no- this paragraph, the Secretary shall notify, in struction and operation of the eligible tice of approval under paragraph (5)(A)(i). writing, the Committee on Banking, Hous- project; (iii) TERMS.—A full funding grant agree- (C) an analysis of the efficiencies of the ment shall— ing, and Urban Affairs and the Committee on proposed eligible project development and (I) establish the terms of participation by Appropriations of the Senate and the Com- delivery methods and innovative financing the Federal Government in the eligible mittee on Transportation and Infrastructure arrangement for the eligible project, includ- project; and the Committee on Appropriations of the ing any documents related to the— (II) establish the maximum amount of Fed- House of Representatives of the proposed let- (i) public-private partnership required eral financial assistance for the eligible ter of intent or full funding grant agreement. under paragraph (3)(A)(iii); and project; (ii) CONTENTS.—The written notification (ii) project justification required under (III) include the period of time for com- under clause (i) shall include a copy of the paragraph (3)(A)(iv); and pleting construction of the eligible project, proposed letter of intent or full funding (D) a certification that the existing public consistent with the terms of the public-pri- grant agreement for the eligible project. transportation system of the applicant or, in vate partnership agreement, even if that pe- (9) GOVERNMENT SHARE OF NET CAPITAL the event that the applicant does not operate riod extends beyond the period of an author- PROJECT COST.— a public transportation system, the public ization; and (A) IN GENERAL.—A grant for an eligible transportation system to which the proposed (IV) make timely and efficient manage- project shall not exceed 25 percent of the net project will be attached, is in a state of good ment of the eligible project easier according capital project cost. repair. to the law of the United States. (B) REMAINDER OF NET CAPITAL PROJECT (5) WRITTEN NOTICE FROM THE SECRETARY.— (iv) SPECIAL FINANCIAL RULES.— COST.—The remainder of the net capital

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project cost shall be provided from an undis- (13) RULE OF CONSTRUCTION.—Nothing in section 5302 of title 49, United States Code; tributed cash surplus, a replacement or de- this subsection shall be construed to— and preciation cash fund or reserve, or new cap- (A) require the privatization of the oper- (B) the term ‘‘eligible recipient’’ means a ital. ation or maintenance of any project for recipient or subrecipient, as those terms are (C) LIMITATION ON STATUTORY CONSTRUC- which an applicant seeks funding under this defined in section 5310 of title 49, United TION.—Nothing in this subsection shall be subsection; States Code. construed as authorizing the Secretary to re- (B) revise the determinations by local poli- (2) GENERAL AUTHORITY.—The Secretary quire a non-Federal financial commitment cies, criteria, and decisionmaking under sec- may make grants under this subsection to for a project that is more than 75 percent of tion 5306(a) of title 49, United States Code; eligible recipients to assist in financing in- the net capital project cost. (C) alter the requirements for locally de- novative projects for the transportation dis- (D) SPECIAL RULE FOR ROLLING STOCK veloped, coordinated, and implemented advantaged that improve the coordination of COSTS.—In addition to amounts allowed pur- transportation plans under sections 5303 and transportation services and non-emergency suant to subparagraph (A), a planned exten- 5304 of title 49, United States Code; or medical transportation services, including— sion to a fixed guideway system may include (D) alter the eligibilities or priorities for (A) the deployment of coordination tech- the cost of rolling stock previously pur- assistance under this subsection or section nology; chased if the applicant satisfies the Sec- 5309 of title 49, United States Code. (B) projects that create or increase access retary that only amounts other than SEC. 21007. MOBILITY OF SENIORS AND INDIVID- to community One-Call/One-Click Centers; amounts provided by the Federal Govern- UALS WITH DISABILITIES. and (a) COORDINATION OF PUBLIC TRANSPOR- (C) such other projects as determined by ment were used and that the purchase was TATION SERVICES WITH OTHER FEDERALLY AS- the Secretary. made for use on the extension. A refund or SISTED LOCAL TRANSPORTATION SERVICES.— (3) APPLICATION.—An eligible recipient reduction of the remainder may be made (1) DEFINITIONS.—In this subsection— shall submit to the Secretary an application only if a refund of a proportional amount of (A) the term ‘‘allocated cost model’’ means that, at a minimum, contains— the grant of the Federal Government is made a method of determining the cost of trips by (A) a detailed description of the eligible at the same time. allocating the cost to each trip purpose project; AILURE TO CARRY OUT PROJECT.—If an (E) F served by a transportation provider in a (B) an identification of all eligible project applicant does not carry out an eligible manner that is proportional to the level of partners and their specific role in the eligi- project for reasons within the control of the transportation service that the transpor- ble project, including— applicant, the applicant shall repay all Fed- tation provider delivers for each trip pur- (i) private entities engaged in the coordi- eral funds awarded for the eligible project pose, to the extent permitted by applicable nation of non-emergency medical transpor- from all Federal funding sources, for all eli- Federal requirements; and tation services for the transportation dis- gible project activities, facilities, and equip- (B) the term ‘‘Council’’ means the Inter- advantaged; or ment, plus reasonable interest and penalty agency Transportation Coordinating Council (ii) nonprofit entities engaged in the co- charges allowable by law. on Access and Mobility established under Ex- ordination of non-emergency medical trans- (F) CREDITING OF FUNDS RECEIVED.—Any ecutive Order 13330 (49 U.S.C. 101 note). portation services for the transportation dis- funds received by the Federal Government (2) COORDINATING COUNCIL ON ACCESS AND advantaged; under this paragraph, other than interest MOBILITY STRATEGIC PLAN.—Not later than 2 (C) a description of how the eligible project and penalty charges, shall be credited to the years after the date of enactment of this would— appropriation account from which the funds Act, the Council shall publish a strategic (i) improve local coordination or access to were originally derived. plan for the Council that— coordinated transportation services; (10) AVAILABILITY OF AMOUNTS.— (A) outlines the role and responsibilities of (ii) reduce duplication of service, if appli- (A) IN GENERAL.—An amount made avail- each Federal agency with respect to local cable; and able for an eligible project shall remain transportation coordination, including non- (iii) provide innovative solutions in the available to that eligible project for 5 fiscal emergency medical transportation; State or community; and years, including the fiscal year in which the (B) identifies a strategy to strengthen (D) specific performance measures the eli- amount is made available. Any amounts that interagency collaboration; gible project will use to quantify actual out- are unobligated to the eligible project at the (C) addresses any outstanding rec- comes against expected outcomes. end of the 5-fiscal-year period may be used ommendations made by the Council in the (4) GOVERNMENT SHARE OF COSTS.— by the Secretary for any purpose under this 2005 Report to the President relating to the (A) IN GENERAL.—The Government share of subsection. implementation of Executive Order 13330, in- the cost of an eligible project carried out (B) USE OF DEOBLIGATED AMOUNTS.—An cluding— under this subsection shall not exceed 80 per- amount available under this subsection that (i) a cost-sharing policy endorsed by the cent. is deobligated may be used for any purpose Council; and (B) NON-GOVERNMENT SHARE.—The non- under this subsection. (ii) recommendations to increase participa- Government share of the cost of an eligible (11) ANNUAL REPORT ON EXPEDITED PROJECT tion by recipients of Federal grants in lo- project carried out under this subsection DELIVERY FOR CAPITAL INVESTMENT GRANTS.— cally developed, coordinated planning proc- may be derived from in-kind contributions. Not later than the first Monday in February esses; and (5) RULE OF CONSTRUCTION.—For purposes of each year, the Secretary shall submit to (D) to the extent feasible, addresses rec- of this subsection, non-emergency medical the Committee on Banking, Housing, and ommendations by the Comptroller General transportation services shall be limited to Urban Affairs and the Committee on Appro- of the United States concerning local coordi- services eligible under Federal programs priations of the Senate and the Committee nation of transportation services. other than programs authorized under chap- on Transportation and Infrastructure and (3) DEVELOPMENT OF COST-SHARING POLICY ter 53 of title 49, United States Code. the Committee on Appropriations of the IN COMPLIANCE WITH APPLICABLE FEDERAL RE- (c) TECHNICAL CORRECTION.—Section 5310(a) House of Representatives a report that in- QUIREMENTS.—In establishing the cost-shar- of title 49, United States Code, is amended by cludes a proposed amount to be available to ing policy required under paragraph (2), the striking paragraph (1) and inserting the fol- finance grants for anticipated projects under Council may consider, to the extent prac- lowing: this subsection. ticable— ‘‘(1) RECIPIENT.—The term ‘recipient’ (12) BEFORE AND AFTER STUDY AND RE- (A) the development of recommended means— PORT.— strategies for grantees of programs funded ‘‘(A) a designated recipient or a State that (A) STUDY REQUIRED.—Each recipient shall by members of the Council, including strate- receives a grant under this section directly; conduct a study that— gies for grantees of programs that fund non- or (i) describes and analyzes the impacts of emergency medical transportation, to use ‘‘(B) a State or local governmental entity the eligible project on public transportation the cost-sharing policy in a manner that that operates a public transportation serv- services and public transportation ridership; does not violate applicable Federal require- ice.’’. (ii) describes and analyzes the consistency ments; and SEC. 21008. FORMULA GRANTS FOR RURAL of predicted and actual benefits and costs of (B) optional incorporation of an allocated AREAS. the innovative project development and de- cost model to facilitate local coordination Section 5311 of title 49, United States Code, livery methods or innovative financing for efforts that comply with applicable require- is amended— the eligible project; and ments of programs funded by members of the (1) in subsection (c)(1), as amended by divi- (iii) identifies reasons for any differences Council, such as— sion G, by striking subparagraphs (A) and (B) between predicted and actual outcomes for (i) eligibility requirements; and inserting the following: the eligible project. (ii) service delivery requirements; and ‘‘(A) $5,000,000 for each fiscal year shall be (B) SUBMISSION OF REPORT.—Not later than (iii) reimbursement requirements. distributed on a competitive basis by the 2 years after an eligible project that is se- (b) PILOT PROGRAM FOR INNOVATIVE COORDI- Secretary. lected under this subsection begins revenue NATED ACCESS AND MOBILITY.— ‘‘(B) $30,000,000 for each fiscal year shall be operations, the recipient shall submit to the (1) DEFINITIONS.—In this subsection— apportioned as formula grants, as provided Secretary a report on the results of the (A) the term ‘‘eligible project’’ has the in subsection (j).’’; and study conducted under subparagraph (A). meaning given the term ‘‘capital project’’ in (2) in subsection (j)(1)—

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RESEARCH, DEVELOPMENT, DEM- ment with, or make a grant to, not more nent to be tested at a facility designated ONSTRATION, AND DEPLOYMENT than 2 institutions of higher education to under paragraph (2)(A); or PROGRAM. each operate and maintain a facility des- ‘‘(B) the development or disclosure of a pri- (a) IN GENERAL.—Section 5312 of title 49, ignated under subparagraph (A). vately funded component assessment.’’; United States Code, is amended— ‘‘(ii) REQUIREMENTS.—An institution of (6) in subsection (f), as so redesignated— (1) in the section heading, by striking higher education described in clause (i) shall (A) in paragraph (2), by striking ‘‘and’’ at ‘‘projects’’ and inserting ‘‘program’’; have— the end; (2) in subsection (a), in the subsection ‘‘(I) previous experience with transpor- (B) by redesignating paragraph (3) as para- heading, by striking ‘‘PROJECTS’’ and insert- tation-related advanced component and vehi- graph (4); ing ‘‘PROGRAM’’; cle evaluation; (C) by inserting after paragraph (2) the fol- (3) in subsection (d)— ‘‘(II) laboratories capable of testing and lowing: (A) in paragraph (3)— evaluation; ‘‘(3) a list of any projects that returned (i) in the matter preceding subparagraph ‘‘(III) direct access to or a partnership with negative results in the preceding fiscal year (A), by inserting ‘‘demonstration, deploy- a testing facility capable of emulating real- and an analysis of such results; and’’; and ment, or evaluation’’ before ‘‘project that’’; world circumstances in order to test low or (D) in paragraph (4), as so redesignated, by (ii) in subparagraph (A), by striking ‘‘and’’ no emission vehicle components installed on inserting before the period at the end the fol- at the end; the intended vehicle; lowing: ‘‘based on projects in the pipeline, (iii) in subparagraph (B), by striking the ‘‘(IV) extensive knowledge of public-pri- ongoing projects, and anticipated research period at the end and inserting ‘‘; or’’; and vate partnerships in the transportation sec- efforts necessary to advance certain projects (iv) by adding at the end the following: tor, with emphasis on development and eval- to a subsequent research phase’’; and ‘‘(C) the deployment of low or no emission uation of materials, products, and compo- (7) by adding at the end the following: vehicles, zero emission vehicles, or associ- nents; ‘‘(h) COOPERATIVE RESEARCH PROGRAM.— ated advanced technology.’’; and ‘‘(V) the ability to reduce costs to partners ‘‘(1) IN GENERAL.—The Secretary shall es- (B) by striking paragraph (5) and inserting by leveraging existing programs to provide tablish— the following: complementary research, development, test- ‘‘(A) a public transportation cooperative ‘‘(5) PROHIBITION.—The Secretary may not ing, and evaluation; and research program under this subsection; and make grants under this subsection for the ‘‘(VI) the means to conduct performance ‘‘(B) an independent governing board for demonstration, deployment, or evaluation of assessments on low or no emission vehicle the program, which shall recommend public a vehicle that is in revenue service unless components based on industry standards. transportation research, development, and the Secretary determines that the project ‘‘(C) FEES.—A covered institution of higher technology transfer activities the Secretary makes significant technological advance- education shall establish and collect fees, considers appropriate. ments in the vehicle. which shall be approved by the Secretary, for ‘‘(2) FEDERAL ASSISTANCE.—The Secretary ‘‘(6) DEFINITIONS.—In this subsection— the assessment of low or no emission compo- may make grants to, and cooperative agree- ‘‘(A) the term ‘direct carbon emissions’ nents at the applicable facility designated ments with, the National Academy of means the quantity of direct greenhouse gas under subparagraph (A). Sciences to carry out activities under this emissions from a vehicle, as determined by ‘‘(D) AVAILABILITY OF AMOUNTS TO PAY FOR subsection that the Secretary determines ap- the Administrator of the Environmental ASSESSMENT.—The Secretary shall enter into propriate. Protection Agency; a contract or cooperative agreement with, or ‘‘(3) GOVERNMENT SHARE.—If there would be ‘‘(B) the term ‘low or no emission vehicle’ make a grant to, each covered institution of a clear and direct financial benefit to an en- means— higher education under which— tity under a grant or contract financed ‘‘(i) a passenger vehicle used to provide ‘‘(i) the Secretary shall pay 50 percent of under this section, the Secretary shall estab- public transportation that the Secretary de- the cost of assessing a low or no emission ve- lish a Government share consistent with termines sufficiently reduces energy con- hicle component at the applicable facility that benefit.’’. sumption or harmful emissions, including di- designated under subparagraph (A) from (b) TECHNICAL AND CONFORMING AMEND- rect carbon emissions, when compared to a amounts made available to carry out this MENTS.— comparable standard vehicle; or section; and (1) TITLE 49.—Chapter 53 of title 49, United ‘‘(ii) a zero emission vehicle used to pro- ‘‘(ii) the remaining 50 percent of such cost States Code, is amended by striking section vide public transportation; and shall be paid from amounts recovered 5313. ‘‘(C) the term ‘zero emission vehicle’ through the fees established and collected (2) TABLE OF SECTIONS AMENDMENT.—The means a low or no emission vehicle that pro- pursuant to subparagraph (C). table of sections for chapter 53 of title 49, duces no carbon or particulate matter.’’; ‘‘(E) VOLUNTARY TESTING.—A manufacturer United States Code, is amended by striking (4) by redesignating subsections (e) and (f) of a low or no emission vehicle component is the items relating to sections 5312 and 5313 as subsections (f) and (g), respectively; not required to assess the low or no emission and inserting the following: (5) by inserting after subsection (d) the fol- vehicle component at a facility designated ‘‘5312. Research, development, demonstra- lowing: under subparagraph (A). tion, and deployment program. ‘‘(e) LOW OR NO EMISSION VEHICLE COMPO- ‘‘(F) COMPLIANCE WITH SECTION 5318.—Not- ‘‘[5313. Repealed.]’’. NENT ASSESSMENT.— withstanding whether a low or no emission ‘‘(1) DEFINITIONS.—In this subsection— vehicle component is assessed at a facility SEC. 21010. PRIVATE SECTOR PARTICIPATION. ‘‘(A) the term ‘covered institution of high- designated under subparagraph (A), each new (a) IN GENERAL.—Section 5315 of title 49, er education’ means an institution of higher bus model shall comply with the require- United States Code, is amended by adding at education with which the Secretary enters ments under section 5318. the end the following: into a contract or cooperative agreement, or ‘‘(G) SEPARATE FACILITY.—Each facility ‘‘(d) RULE OF CONSTRUCTION.—Nothing in to which the Secretary makes a grant, under designated under subparagraph (A) shall be this section shall be construed to alter—

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‘‘(1) the eligibilities, requirements, or pri- ‘‘(A) AUTHORITY.—A State government ‘‘(iv) maintenance costs. ority for assistance provided under this may enter into a cooperative procurement ‘‘(D) TERMS.—A grantee shall negotiate the chapter; or contract with 1 or more vendors if— terms of any lease agreement that the grant- ‘‘(2) the requirements of section 5306(a).’’. ‘‘(i) the vendors agree to provide an option ee enters into. (b) MAP-21 TECHNICAL CORRECTION.—Sec- to purchase rolling stock and related equip- ‘‘(E) APPLICABILITY OF PROCUREMENT RE- tion 20013(d) of the Moving Ahead for ment to the State government and any other QUIREMENTS.— Progress in the 21st Century Act (Public Law participant; and ‘‘(i) LEASE REQUIREMENTS.—Part 639 of title 112–141; 126 Stat. 694) is amended by striking ‘‘(ii) the State government acts through- 49, Code of Federal Regulations, or any suc- ‘‘5307(c)’’ and inserting ‘‘5307(b)’’. out the term of the contract as the lead pro- cessor regulation, and implementing guid- SEC. 21011. INNOVATIVE PROCUREMENT. curement agency. ance applicable to leasing shall not apply to (a) IN GENERAL.—Chapter 53 of title 49, ‘‘(B) APPLICABILITY OF POLICIES AND PROCE- a capital lease. United States Code, is amended by inserting DURES.—In procuring rolling stock and re- ‘‘(ii) BUY AMERICA.—The requirements after section 5315 the following: lated equipment under a cooperative pro- under section 5323(j) shall apply to a capital ‘‘§ 5316. Innovative procurement curement contract under this subsection, a lease. ‘‘(a) DEFINITION.—In this section, the term State government shall comply with the ‘‘(3) INCENTIVE PROGRAM FOR CAPITAL LEAS- policies and procedures that apply to pro- ‘grantee’ means a recipient or subrecipient ING OF ROLLING STOCK.— curement by the State government when of assistance under this chapter. ‘‘(A) AUTHORITY.—The Secretary shall ‘‘(b) COOPERATIVE PROCUREMENT.— using non-Federal funds, to the extent that carry out an incentive program for capital the policies and procedures are in conform- ‘‘(1) DEFINITIONS; GENERAL RULES.— leasing of rolling stock (referred to in this ance with applicable Federal law. ‘‘(A) DEFINITIONS.—In this subsection— paragraph as the ‘program’). ‘‘(i) the term ‘cooperative procurement ‘‘(3) PILOT PROGRAM FOR NONPROFIT COOPER- ‘‘(B) SELECTION OF PARTICIPANTS.— contract’ means a contract— ATIVE PROCUREMENTS.— ‘‘(i) IN GENERAL.—The Secretary shall se- ‘‘(A) ESTABLISHMENT.—The Secretary shall ‘‘(I) entered into between a State govern- lect not less than 6 grantees to participate in establish and carry out a pilot program to ment or eligible nonprofit and 1 or more ven- the program, which shall be— demonstrate the effectiveness of cooperative dors; and ‘‘(I) geographically diverse; and ‘‘(II) under which the vendors agree to pro- procurement contracts administered by non- ‘‘(II) evenly distributed among grantees in vide an option to purchase rolling stock and profit entities. accordance with clause (ii). related equipment to multiple participants; ‘‘(B) DESIGNATION.—In carrying out the ‘‘(ii) POPULATION SIZE.—In selecting an ‘‘(ii) the term ‘eligible nonprofit entity’ program under this paragraph, the Secretary even distribution of grantees under clause means— shall designate not less than 1 eligible non- (i)(II), the Secretary shall select not less ‘‘(I) a nonprofit entity that is not a grant- profit entity to enter into a cooperative pro- than— ee; or curement contract under which the non- ‘‘(I) 2 grantees that serve rural areas; ‘‘(II) a consortium of entities described in profit entity acts throughout the term of the ‘‘(II) 2 grantees that serve urbanized areas subclause (I); contract as the lead nonprofit entity. with a population of fewer than 200,000 indi- ‘‘(iii) the terms ‘lead nonprofit entity’ and ‘‘(C) NUMBER OF ENTITIES.—The Secretary viduals, as determined by the Bureau of the ‘lead procurement agency’ mean an eligible may designate not more than 3 geographi- nonprofit entity or a State government, re- cally diverse eligible nonprofit entities Census; and spectively, that acts in an administrative ca- under subparagraph (B). ‘‘(III) 2 grantees that serve urbanized areas pacity on behalf of each participant in a co- ‘‘(D) NOTICE OF INTENT TO PARTICIPATE.—At with a population of 200,000 or more individ- operative procurement contract; a time determined appropriate by the lead uals, as determined by the Bureau of the ‘‘(iv) the term ‘participant’ means a grant- nonprofit entity, each participant in a coop- Census. ee that participates in a cooperative pro- erative procurement contract under this ‘‘(iii) WAIVER.—The Secretary may waive a curement contract; and paragraph shall submit to the lead nonprofit requirement under clause (ii) if an insuffi- ‘‘(v) the term ‘participate’ means to pur- entity a nonbinding notice of intent to par- cient number of eligible grantees of a par- chase rolling stock and related equipment ticipate. ticular population size apply to participate under a cooperative procurement contract ‘‘(c) LEASING ARRANGEMENTS.— in the program. using assistance provided under this chapter. ‘‘(1) CAPITAL LEASE DEFINED.— ‘‘(C) PARTICIPANT REQUIREMENTS.— ‘‘(B) GENERAL RULES.— ‘‘(A) IN GENERAL.—In this subsection, the ‘‘(i) IN GENERAL.—A grantee that partici- ‘‘(i) PROCUREMENT NOT LIMITED TO INTRA- term ‘capital lease’ means any agreement pates in the program shall— STATE PARTICIPANTS.—A grantee may partici- under which a grantee acquires the right to ‘‘(I) enter into a capital lease for a period pate in a cooperative procurement contract use rolling stock or related equipment for a of not less than 5 years; and without regard to whether the grantee is lo- specified period of time, in exchange for a ‘‘(II) replace not less than 1⁄4 of the grant- cated in the same State as the parties to the periodic payment. ee’s fleet through the capital lease. contract. ‘‘(B) MAINTENANCE.—A capital lease may ‘‘(ii) VEHICLE REQUIREMENTS.—The vehicles ‘‘(ii) VOLUNTARY PARTICIPATION.—Partici- require that the lessor provide maintenance replaced under clause (i)(II), with respect to pation by grantees in a cooperative procure- of the rolling stock or related equipment the fleet as constituted on the day before the ment contract shall be voluntary. covered by the lease. date on which the capital lease is entered ‘‘(iii) CONTRACT TERMS.—The lead procure- ‘‘(2) PROGRAM TO SUPPORT INNOVATIVE LEAS- into, shall— ment agency or lead nonprofit entity for a ING ARRANGEMENTS.— ‘‘(I) be the oldest vehicles in the fleet; or cooperative procurement contract shall de- ‘‘(A) AUTHORITY.—A grantee may use as- ‘‘(II) produce the highest quantity of direct velop the terms of the contract. sistance provided under this chapter to enter greenhouse gas emissions relative to the ‘‘(iv) DURATION.—A cooperative procure- into a capital lease if— other vehicles in the fleet, as determined by ment contract— ‘‘(i) the rolling stock or related equipment the Administrator of the Environmental ‘‘(I) subject to subclauses (II) and (III), covered under the lease is eligible for capital Protection Agency. may be for an initial term of not more than assistance under this chapter; and ‘‘(iii) WAIVER OF FEDERAL INTEREST RE- 2 years; ‘‘(ii) there is or will be no Federal interest QUIREMENTS.—If a grantee participating in ‘‘(II) may include not more than 3 optional in the rolling stock or related equipment the program seeks to replace vehicles that extensions for terms of not more than 1 year covered under the lease as of the date on have a remaining Federal interest, the Sec- each; and which the lease takes effect. retary shall— ‘‘(III) may be in effect for a total period of ‘‘(B) GRANTEE REQUIREMENTS.—A grantee ‘‘(I) evaluate the economic and environ- not more than 5 years, including each exten- that enters into a capital lease shall— mental benefits of waiving the Federal inter- sion authorized under subclause (II). ‘‘(i) maintain an inventory of the rolling est, as demonstrated by the grantee; ‘‘(v) ADMINISTRATIVE EXPENSES.—A lead stock or related equipment acquired under ‘‘(II) if the grantee demonstrates a net eco- procurement agency or lead nonprofit entity, the lease; and nomic or environmental benefit, grant an as applicable, that enters into a cooperative ‘‘(ii) maintain on the accounting records of early disposition of the vehicles; and procurement contract— the grantee the liability of the grantee under ‘‘(III) publish each evaluation and final de- ‘‘(I) may charge the participants in the the lease. termination of the Secretary under this contract for the cost of administering, plan- ‘‘(C) ELIGIBLE LEASE COSTS.—The costs for clause in a conspicuous location on the ning, and providing technical assistance for which a grantee may use assistance under website of the Federal Transit Administra- the contract in an amount that is not more this chapter, with respect to a capital lease, tion. than 1 percent of the total value of the con- include— ‘‘(D) PARTICIPANT BENEFIT.—During the pe- tract; and ‘‘(i) the cost of the rolling stock or related riod during which a capital lease described in ‘‘(II) with respect to the cost described in equipment; subparagraph (C)(i)(I), entered into by a subclause (I), may incorporate the cost into ‘‘(ii) associated financing costs, including grantee participating in the program, is in the price of the contract or directly charge interest, legal fees, and financial advisor effect, the limit on the Government share of the participants for the cost, but not both. fees; operating expenses under subsection (d)(2) of ‘‘(2) STATE COOPERATIVE PROCUREMENT ‘‘(iii) ancillary costs such as delivery and section 5307, subsection (d)(2) of section 5310, SCHEDULES.— installation charges; and or subsection (g)(2) of section 5311 shall not

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5964 CONGRESSIONAL RECORD — SENATE July 27, 2015 apply with respect to any grant awarded to come populations, and other underserved ‘‘(I) for fiscal years 2016 and 2017, is more the grantee under the applicable section. populations.’’; and than 60 percent of the cost of all components ‘‘(E) REPORTING REQUIREMENT.—Not later (E) by adding at the end the following: of the rolling stock; than 3 years after the date on which a grant- ‘‘(4) COORDINATION.—A recipient of assist- ‘‘(II) for fiscal years 2018 and 2019, is more ee enters into a capital lease under the pro- ance under this subsection shall— than 65 percent of the cost of all components gram, the grantee shall submit to the Sec- ‘‘(A) identify the workforce needs and com- of the rolling stock; and retary a report that contains— mensurate training needs at the local level ‘‘(III) for fiscal year 2020 and each fiscal ‘‘(i) an evaluation of the overall costs and in coordination with entities such as local year thereafter, is more than 70 percent of benefits of leasing rolling stock; employers, local public transportation oper- the cost of all components of the rolling ‘‘(ii) a cost comparison of leasing versus ators, labor union organizations, workforce stock; and buying rolling stock; development boards, State workforce agen- ‘‘(ii) final assembly of the rolling stock has ‘‘(iii) a comparison of the expected short- cies, State apprenticeship agencies (where occurred in the United States; or’’; term and long-term maintenance costs of applicable), university transportation cen- (B) by resdesignating paragraphs (5) leasing versus buying rolling stock; and ters, community colleges, and community- through (9) as paragraphs (7) through (11), re- ‘‘(iv) a projected budget showing the based organizations representing minorities, spectively; changes in overall operating and capital ex- women, disabled individuals, veterans, and (C) by inserting after paragraph (4) the fol- penses due to the capital lease that the low-income populations; and lowing: grantee entered into under the program. ‘‘(B) to the extent practicable, conduct ‘‘(5) ROLLING STOCK FRAMES OR CAR ‘‘(4) INCENTIVE PROGRAM FOR CAPITAL LEAS- local training programs in coordination with SHELLS.—In carrying out paragraph (2)(C) in ING OF CERTAIN ZERO EMISSION VEHICLE COM- existing local training programs supported the case of a rolling stock procurement re- PONENTS.— by the Secretary, the Department of Labor ceiving assistance under this chapter in ‘‘(A) DEFINITIONS.—In this paragraph— (including registered apprenticeship pro- which the average cost of a rolling stock ve- ‘‘(i) the term ‘removable power source’— grams), and the Department of Education. hicle in the procurement is more than $300,000, if rolling stock frames or car shells ‘‘(I) means a power source that is sepa- ‘‘(5) PROGRAM OUTCOMES.—A recipient of rately installed in, and removable from, a assistance under this subsection shall dem- are not produced in the United States, the zero emission vehicle; and onstrate outcomes for any program that in- Secretary shall include in the calculation of ‘‘(II) may include a battery, a fuel cell, an cludes skills training, on-the-job training, the domestic content of the rolling stock the ultra-capacitor, or other advanced power and work-based learning, including— cost of steel or iron used in the rolling stock frames or car shells if— source used in a zero emission vehicle; and ‘‘(A) the impact on reducing public trans- ‘‘(A) all manufacturing processes for the ‘‘(ii) the term ‘zero emission vehicle’ has portation workforce shortages in the area steel or iron occur in the United States; and the meaning given the term in section served; ‘‘(B) the amount of steel or iron used in the 5339(c). ‘‘(B) the diversity of training participants; rolling stock frames or car shells is signifi- ‘‘(B) LEASED POWER SOURCES.—Notwith- ‘‘(C) the number of participants obtaining cant. standing any other provision of law, for pur- certifications or credentials required for spe- ‘‘(6) CERTIFICATION OF DOMESTIC SUPPLY poses of this subsection, the cost of a remov- cific types of employment; AND DISCLOSURE.— able power source that is necessary for the ‘‘(D) employment outcomes, including job ‘‘(A) CERTIFICATION OF DOMESTIC SUPPLY.— operation of a zero emission vehicle shall not placement, job retention, and wages, using If the Secretary denies an application for a be treated as part of the cost of the vehicle performance metrics established in consulta- waiver under paragraph (2), the Secretary if the removable power source is acquired tion with the Secretary and the Secretary of shall provide to the applicant a written cer- using a capital lease. Labor and consistent with metrics used by tification that— ‘‘(C) ELIGIBLE CAPITAL LEASE.—A grantee programs under the Workforce Innovation ‘‘(i) the steel, iron, or manufactured goods, may acquire a removable power source by and Opportunity Act (29 U.S.C. 3101 et seq.); as applicable, (referred to in this subpara- itself through a capital lease.’’. and graph as the ‘item’) is produced in the (b) TECHNICAL AND CONFORMING AMEND- ‘‘(E) to the extent practical, evidence that United States in a sufficient and reasonably MENTS.— the program did not preclude workers who available amount; (1) TABLE OF SECTIONS.—The table of sec- are participating in skills training, on-the- tions for chapter 53 of title 49, United States ‘‘(ii) the item produced in the United job training, and work-based learning from States is of a satisfactory quality; and Code, is amended by inserting after the item being referred to, or hired on, projects fund- relating to section 5315 the following: ‘‘(iii) includes a list of known manufactur- ed under this chapter without regard to the ers in the United States from which the item ‘‘5316. Innovative procurement.’’. length of time of their participation in the can be obtained. (2) CONFORMING AMENDMENT.—Section program.’’; and ‘‘(B) DISCLOSURE.—The Secretary shall dis- 5325(e)(2) of title 49, United States Code, is (2) in subsection (d), by striking paragraph close the waiver denial and the written cer- amended by inserting after ‘‘this subsection’’ (4) and inserting the following: tification to the public in an easily identifi- the following: ‘‘, section 5316,’’. ‘‘(4) USE FOR TECHNICAL ASSISTANCE.—The able location on the website of the Depart- SEC. 21012. HUMAN RESOURCES AND TRAINING. Secretary may use not more than 1 percent ment of Transportation.’’; Section 5322 of title 49, United States Code, of the amounts made available to carry out (D) in paragraph (8), as so redesignated, by is amended— this section to provide technical assistance striking ‘‘Federal Public Transportation Act (1) in subsection (b)— for activities and programs developed, con- of 2012’’ and inserting ‘‘Federal Public Trans- (A) in paragraph (1), in the paragraph head- ducted, and overseen under this subsection. portation Act of 2015’’; and ing, by striking ‘‘PROGRAM ESTABLISHED’’ and ‘‘(5) AVAILABILITY OF AMOUNTS.— (E) by inserting after paragraph (11), as so inserting ‘‘IN GENERAL’’; ‘‘(A) IN GENERAL.—Not more than 0.5 per- redesignated, the following: cent of the amounts made available to a re- (B) by redesignating paragraph (2) as para- ‘‘(12) PRODUCTION IN UNITED STATES.—For graph (3); cipient under sections 5307, 5337, and 5339 is purposes of this subsection, steel and iron (C) by inserting after paragraph (1) the fol- available for expenditure by the recipient, may be considered produced in the United lowing: with the approval of the Secretary, to pay States if all the manufacturing processes, ‘‘(2) PROGRAMS.—A program eligible for as- not more than 80 percent of the cost of eligi- except metallurgical processes involving re- sistance under subsection (a) shall— ble activities under this subsection. finement of steel additives, took place in the ‘‘(A) provide skills training, on-the-job ‘‘(B) EXISTING PROGRAMS.—A recipient may United States. use amounts made available under paragraph training, and work-based learning; ‘‘(13) DEFINITION OF SMALL PURCHASE.—For ‘‘(B) offer career pathways that support (A) to carry out existing local education and purposes of determining whether a purchase the movement from initial or short-term em- training programs for public transportation qualifies for a general public interest waiver ployment opportunities to sustainable ca- employees supported by the Secretary, the under paragraph (2)(A) of this subsection, in- reers; Department of Labor, or the Department of cluding under any regulation promulgated ‘‘(C) address current or projected work- Education.’’. under that paragraph, the term ‘small pur- force shortages; SEC. 21013. GENERAL PROVISIONS. chase’ means a purchase of not more than ‘‘(D) replicate successful workforce devel- $150,000.’’; opment models; or Section 5323 of title 49, United States Code, (2) in subsection (q)(1), by striking the sec- ‘‘(E) respond to such other workforce needs is amended— ond sentence; and as the Secretary determines appropriate.’’; (1) in subsection (j)— (3) by adding at the end the following: (D) in paragraph (3), as so redesignated— (A) in paragraph (2), by striking subpara- ‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR (i) in subparagraph (G), by striking ‘‘and’’ graph (C) and inserting the following: LOCAL SHARE.—Notwithstanding any other at the end; ‘‘(C) when procuring rolling stock (includ- provision of law, a recipient of assistance (ii) in subparagraph (H), by striking the pe- ing train control, communication, and trac- under this chapter may use the revenue gen- riod at the end and inserting ‘‘; and’’; and tion power equipment, and rolling stock pro- erated from value capture financing mecha- (iii) by adding at the end the following: totypes) under this chapter— nisms as local matching funds for capital ‘‘(I) give priority to minorities, women, in- ‘‘(i) the cost of components and subcompo- projects and operating costs eligible under dividuals with disabilities, veterans, low-in- nents produced in the United States— this chapter.

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‘‘(t) VALUE ENGINEERING.—Nothing in this (B) CONTENTS OF REVIEW.—In conducting ommendations for legislative changes where chapter shall be construed to authorize the the review under this paragraph, the Sec- applicable; and Secretary to mandate the use of value engi- retary shall review— (D) actions that the Secretary will take to neering in projects funded under this chap- (i) minimum safety performance standards address the recommendations provided under ter.’’. developed by the public transportation in- subparagraph (C), including, if necessary, the SEC. 21014. PROJECT MANAGEMENT OVERSIGHT. dustry; establishment of Federal minimum public Section 5327 of title 49, United States Code, (ii) safety performance standards, prac- transportation safety standards. is amended— tices, or protocols in use by rail fixed guide- SEC. 21016. STATE OF GOOD REPAIR GRANTS. (1) in subsection (c), by striking ‘‘section way public transportation systems, includ- Section 5337 of title 49, United States Code, 5338(i)’’ and inserting ‘‘section 5338(h)’’; and ing— is amended— (I) written emergency plans and procedures (2) in subsection (d)— (1) in subsection (c)— for passenger evacuations; (A) in paragraph (1)— (A) by striking paragraph (1) and inserting (II) training programs to ensure public (i) by striking ‘‘section 5338(i)’’ and insert- the following: transportation personnel compliance and ing ‘‘section 5338(h)’’; and ‘‘(1) IN GENERAL.—Of the amount author- readiness in emergency situations; (ii) by striking ‘‘and’’ at the end; and ized or made available for a fiscal year under (III) coordination plans with local emer- (B) by striking paragraph (2) and inserting section 5338(a)(2)(L)— gency responders having jurisdiction over a the following: ‘‘(A) $100,000,000 shall be made available in rail fixed guideway public transportation ‘‘(2) a requirement that oversight— accordance with this subsection; and system, including— ‘‘(A) begin during the project development ‘‘(B) 97.15 percent of the remainder shall be phase of a project, unless the Secretary finds (aa) emergency preparedness training, drills, and familiarization programs for apportioned to recipients in accordance with it more appropriate to begin the oversight those first responders; and this subsection.’’; and during another phase of the project, to maxi- (bb) the scheduling of regular field exer- (B) in paragraph (2)(B), by inserting ‘‘the mize the transportation benefits and cost cises to ensure appropriate response and ef- provisions of’’ before ‘‘section 5336(b)(1)’’; savings associated with project management fective radio and public safety communica- (2) in subsection (d)— oversight; and tions; (A) in paragraph (2), by striking ‘‘section ‘‘(B) be limited to quarterly reviews of (IV) maintenance, testing, and inspection 5338(a)(2)(I), 2.85 percent’’ and inserting ‘‘sec- compliance by the recipient with the project programs to ensure the proper functioning tion 5338(a)(2)(L), the remainder after the ap- management plan approved under subsection of— plication of subsection (c)(1)’’; and (b) unless the Secretary finds that the recipi- (aa) tunnel, station, and vehicle ventila- (B) by adding at the end the following: ent requires more frequent oversight because tion systems; ‘‘(5) USE OF FUNDS.—Amounts apportioned the recipient has, for 2 consecutive quarterly (bb) signal and train control systems, under this subsection may be used for any reviews, failed to meet the requirements of track, mechanical systems, and other infra- project that is an eligible project under sub- such plan and the project is at risk of going structure; and section (b)(1).’’; and over budget or becoming behind schedule; (cc) other systems as necessary; (3) by adding at the end the following: and (V) certification requirements for train ‘‘(e) GOVERNMENT SHARE OF COSTS.— ‘‘(3) a process for recipients that the Sec- and bus operators and control center em- ‘‘(1) CAPITAL PROJECTS.—A grant for a cap- retary has found require more frequent over- ployees; ital project under this section shall be for 80 sight to return to quarterly reviews for pur- (VI) consensus-based standards, practices, percent of the net project cost of the project. poses of paragraph (2)(B).’’. or protocols available to the public transpor- The recipient may provide additional local SEC. 21015. PUBLIC TRANSPORTATION SAFETY tation industry; and matching amounts. PROGRAM. (VII) any other standards, practices, or ‘‘(2) REMAINING COSTS.—The remainder of (a) IN GENERAL.—Section 5329 of title 49, protocols the Secretary determines appro- the net project costs shall be provided from United States Code, is amended— priate; and an undistributed cash surplus, a replacement (1) in subsection (b)(2)— (iii) vehicle safety standards, practices, or or depreciation cash fund or reserve, or new (A) in subparagraph (C), by striking ‘‘and’’ protocols in use by public transportation capital.’’. at the end; systems, concerning— SEC. 21017. AUTHORIZATIONS. (B) by redesignating subparagraph (D) as (I) bus design and the workstation of bus Section 5338 of title 49, United States Code, subparagraph (E); and operators, as it relates to— as amended by division G, is amended to read (C) by inserting after subparagraph (C) the (aa) the reduction of blindspots that con- as follows: following: tribute to accidents involving pedestrians; ‘‘(D) minimum safety standards to ensure and ‘‘§ 5338. Authorizations the safe operation of public transportation (bb) protecting bus operators from the risk ‘‘(a) GRANTS.— systems that— of assault; and ‘‘(1) IN GENERAL.—There shall be available ‘‘(i) are not related to performance stand- (II) scheduling fixed route bus service with from the Mass Transit Account of the High- ards for public transportation vehicles devel- adequate time and access for operators to way Trust Fund to carry out sections 5305, oped under subparagraph (C); and use restroom facilities. 5307, 5310, 5311, 5312, 5314, 5318, 5322(b), 5322(d), ‘‘(ii) to the extent practicable, take into (2) EVALUATION.—After conducting the re- 5335, 5337, 5339, and 5340, section 20005(b) of consideration— view under paragraph (1), the Secretary the Federal Public Transportation Act of ‘‘(I) relevant recommendations of the Na- shall, in consultation with representatives of 2012, and section 21007(b) of the Federal Pub- tional Transportation Safety Board; the public transportation industry, evaluate lic Transportation Act of 2015— ‘‘(II) best practices standards developed by the need to establish Federal minimum pub- ‘‘(A) $9,184,747,400 for fiscal year 2016; the public transportation industry; lic transportation safety standards, includ- ‘‘(B) $9,380,039,349 for fiscal year 2017; ‘‘(III) any minimum safety standards or ing— ‘‘(C) $9,685,745,744 for fiscal year 2018; performance criteria being implemented (A) standards governing worker safety; ‘‘(D) $10,101,051,238 for fiscal year 2019; across the public transportation industry; (B) standards for the operation of signals, ‘‘(E) $10,351,763,806 for fiscal year 2020; and and track, on-track equipment, mechanical sys- ‘‘(F) $10,609,442,553 for fiscal year 2021. ‘‘(IV) any additional information that the tems, and control systems; and ‘‘(2) ALLOCATION OF FUNDS.—Of the Secretary determines necessary and appro- (C) any other areas the Secretary, in con- amounts made available under paragraph priate; and’’; sultation with the public transportation in- (1)— (2) in subsection (f)(2), by inserting after dustry, determines require further evalua- ‘‘(A) $132,020,000 for fiscal year 2016, ‘‘public transportation system of a recipi- tion. $134,934,342 for fiscal year 2017, $138,004,098 for ent’’ the following: ‘‘or the public transpor- (3) REPORT.—Upon completing the review fiscal year 2018, $141,328,616 for fiscal year tation industry generally’’; and and evaluation required under paragraphs (1) 2019, $144,893,631 for fiscal year 2020, and (3) in subsection (g)(1), in the matter pre- and (2), respectively, and not later than 1 $148,557,701 for fiscal year 2021 shall be avail- ceding subparagraph (A), by striking ‘‘an eli- year after the date of enactment of this Act, able to carry out section 5305; gible State, as defined in subsection (e),’’ and the Secretary shall submit to the Committee ‘‘(B) $10,000,000 for each of fiscal years 2016 inserting ‘‘a recipient’’. on Banking, Housing, and Urban Affairs of through 2021 shall be available to carry out (b) REVIEW OF PUBLIC TRANSPORTATION the Senate and the Committee on Transpor- section 20005(b) of the Federal Public Trans- SAFETY STANDARDS.— tation and Infrastructure of the of House of portation Act of 2012; (1) REVIEW REQUIRED.— Representatives a report that includes— ‘‘(C) $4,538,905,700 for fiscal year 2016, (A) IN GENERAL.—Not later than 90 days (A) findings based on the review conducted $4,639,102,043 for fiscal year 2017, $4,794,641,615 after the date of enactment of this Act, the under paragraph (1); for fiscal year 2018, $4,975,879,158 for fiscal Secretary shall commence a review of the (B) the outcome of the evaluation con- year 2019, $5,101,395,710 for fiscal year 2020, safety standards and protocols used in rail ducted under paragraph (2); and $5,230,399,804 for fiscal year 2021 shall be fixed guideway public transportation sys- (C) a comprehensive set of recommenda- allocated in accordance with section 5336 to tems in the United States that examines the tions to improve the safety of the public provide financial assistance for urbanized efficacy of existing standards and protocols. transportation industry, including rec- areas under section 5307;

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‘‘(D) $263,466,000 for fiscal year 2016, (h) of that section, $20,000,000 for each of fis- ‘‘(3) GOVERNMENT SHARE OF COSTS.—The $269,282,012 for fiscal year 2017, $275,408,178 for cal years 2016 through 2021. Government shall pay the entire cost of car- fiscal year 2018, $288,264,292 for fiscal year ‘‘(c) TECHNICAL ASSISTANCE AND STANDARDS rying out a contract under this subsection. 2019, $295,535,759 for fiscal year 2020, and DEVELOPMENT.—There are authorized to be ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— $303,009,267 for fiscal year 2021 shall be avail- appropriated to carry out section 5314, Funds made available under paragraph (1)(C) able to provide financial assistance for serv- $7,000,000 for each of fiscal years 2016 through shall be made available to the Secretary be- ices for the enhanced mobility of seniors and 2021. fore allocating the funds appropriated to individuals with disabilities under section ‘‘(d) HUMAN RESOURCES AND TRAINING.— carry out any project under a full funding 5310; There are authorized to be appropriated to grant agreement. ‘‘(E) $2,000,000 for each of fiscal years 2016 carry out subsections (a), (b), (c), and (e) of ‘‘(i) GRANTS AS CONTRACTUAL OBLIGA- through 2021 shall be available for the pilot section 5322, $5,000,000 for each of fiscal years TIONS.— program for innovative coordinated access 2016 through 2021. ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST ‘‘(e) EMERGENCY RELIEF PROGRAM.—There and mobility under section 21007(b) of the FUND.—A grant or contract that is approved are authorized to be appropriated such sums Federal Public Transportation Act of 2015; by the Secretary and financed with amounts as are necessary to carry out section 5324. made available from the Mass Transit Ac- ‘‘(F) $619,956,000 for fiscal year 2016, ‘‘(f) CAPITAL INVESTMENT GRANTS.—There $633,641,529 for fiscal year 2017, $648,056,873 for count of the Highway Trust Fund pursuant are authorized to be appropriated to carry to this section is a contractual obligation of fiscal year 2018, $678,308,311 for fiscal year out section 5309 of this title and section 2019, $695,418,638 for fiscal year 2020, and the Government to pay the Government 21006(b) of the Federal Public Transportation share of the cost of the project. $713,004,385 for fiscal year 2021 shall be avail- Act of 2015, $2,301,785,760 for fiscal year 2016, ‘‘(2) GRANTS FINANCED FROM GENERAL able to provide financial assistance for rural $2,352,597,681 for fiscal year 2017, $2,406,119,278 FUND.—A grant or contract that is approved areas under section 5311, of which not less for fiscal year 2018, $2,464,082,691 for fiscal by the Secretary and financed with amounts than— year 2019, $2,526,239,177 for fiscal year 2020, appropriated in advance from the General ‘‘(i) $35,000,000 for each of fiscal years 2016 and $2,590,122,713 for fiscal year 2021, of which Fund of the Treasury pursuant to this sec- through 2021 shall be available to carry out $276,214,291 for fiscal year 2016, $282,311,722 for tion is a contractual obligation of the Gov- section 5311(c)(1); and fiscal year 2017, $288,734,313 for fiscal year ernment to pay the Government share of the ‘‘(ii) $20,000,000 for each of fiscal years 2016 2018, $295,689,923 for fiscal year 2019, cost of the project only to the extent that through 2021 shall be available to carry out $303,148,701 for fiscal year 2020, and amounts are appropriated for such purpose section 5311(c)(2); $310,814,726 for fiscal year 2021 shall be avail- by an Act of Congress. ‘‘(G) $30,000,000 for each of fiscal years 2016 able to carry out section 21006(b) of the Fed- ‘‘(j) AVAILABILITY OF AMOUNTS.—Amounts eral Public Transportation Act of 2015. through 2021 shall be available to carry out made available by or appropriated under this ‘‘(g) ADMINISTRATION.— section 5312, of which— section shall remain available until ex- ‘‘(1) IN GENERAL.—There are authorized to ‘‘(i) $5,000,000 for each of fiscal years 2016 pended.’’. through 2021 shall be available to carry out be appropriated to carry out section 5334, $115,016,543 for fiscal year 2016, $117,555,533 for SEC. 21018. GRANTS FOR BUS AND BUS FACILI- section 5312(e); and TIES. fiscal year 2017, $120,229,921 for fiscal year ‘‘(ii) $5,000,000 for each of fiscal years 2016 (a) IN GENERAL.—Chapter 53 of title 49, 2018, $123,126,260 for fiscal year 2019, through 2021 shall be available to carry out United States Code, as amended by division $126,232,120 for fiscal year 2020, and section 5312(h); G, is amended by striking section 5339 and $129,424,278 for fiscal year 2021. ‘‘(H) $4,000,000 for each of fiscal years 2016 inserting the following: ‘‘(2) SECTION 5329.—Of the amounts author- through 2021 shall be available to carry out ‘‘§ 5339. Grants for bus and bus facilities section 5314; ized to be appropriated under paragraph (1), ‘‘(a) FORMULA GRANTS.— ‘‘(I) $3,000,000 for each of fiscal years 2016 not less than $8,000,000 for each of fiscal ‘‘(1) DEFINITIONS.—In this subsection— through 2021 shall be available for bus test- years 2016 through 2021 shall be available to ‘‘(A) the term ‘low or no emission vehicle’ ing under section 5318; carry out section 5329. has the meaning given that term in sub- ‘‘(J) $5,000,000 for each of fiscal years 2016 ‘‘(3) SECTION 5326.—Of the amounts made section (c)(1); through 2021 shall be available for the na- available under paragraph (2), not less than ‘‘(B) the term ‘State’ means a State of the tional transit institute under section 5322(d); $2,000,000 for each of fiscal years 2016 through 2021 shall be available to carry out section United States; and ‘‘(K) $4,000,000 for each of fiscal years 2016 ‘‘(C) the term ‘territory’ means the Dis- through 2021 shall be available to carry out 5326. ‘‘(h) OVERSIGHT.— trict of Columbia, Puerto Rico, the Northern section 5335; ‘‘(1) IN GENERAL.—Of the amounts made Mariana Islands, Guam, American Samoa, ‘‘(L) $2,428,342,500 for fiscal year 2016, available to carry out this chapter for a fis- and the United States Virgin Islands. $2,479,740,661 for fiscal year 2017, $2,533,879,761 cal year, the Secretary may use not more ‘‘(2) GENERAL AUTHORITY.—The Secretary for fiscal year 2018, $2,592,511,924 for fiscal than the following amounts for the activities may make grants under this subsection to year 2019, $2,655,385,537 for fiscal year 2020, described in paragraph (2): assist eligible recipients described in para- and $2,720,006,127 for fiscal year 2021 shall be ‘‘(A) 0.5 percent of amounts made available graph (4)(A) in financing capital projects— available to carry out section 5337; to carry out section 5305. ‘‘(A) to replace, rehabilitate, and purchase ‘‘(M) $430,794,600 for fiscal year 2016, ‘‘(B) 0.75 percent of amounts made avail- buses and related equipment, including tech- $440,304,391 for fiscal year 2017, $495,321,316 for able to carry out section 5307. nological changes or innovations to modify fiscal year 2018, $585,851,498 for fiscal year ‘‘(C) 1 percent of amounts made available low or no emissions vehicles or facilities; 2019, $605,422,352 for fiscal year 2020, and to carry out section 5309. and $625,536,993 for fiscal year 2021 shall be avail- ‘‘(D) 1 percent of amounts made available ‘‘(B) to construct bus-related facilities. able for the bus and bus facilities program to carry out section 601 of the Passenger Rail ‘‘(3) GRANT REQUIREMENTS.—The require- under section 5339(a); Investment and Improvement Act of 2008 ments of— ‘‘(N) $180,000,000 for each of fiscal years 2016 (Public Law 110-432; 126 Stat. 4968). ‘‘(A) section 5307 shall apply to recipients and 2017, $185,000,000 for fiscal year 2018, and ‘‘(E) 0.5 percent of amounts made available of grants made in urbanized areas under this $190,000,000 for each of fiscal years 2019 to carry out section 5310. subsection; and through 2021 shall be available for bus and ‘‘(F) 0.5 percent of amounts made available ‘‘(B) section 5311 shall apply to recipients bus facilities competitive grants under sec- to carry out section 5311. of grants made in rural areas under this sub- tion 5339(b) and no or low emission grants ‘‘(G) 1 percent of amounts made available section. under section 5339(c), of which $55,000,000 for to carry out section 5337, of which not less ‘‘(4) ELIGIBLE RECIPIENTS AND SUBRECIPI- each of fiscal years 2016 through 2021 shall be than 0.25 percent shall be available to carry ENTS.— available to carry out section 5339(c); out section 5329. ‘‘(A) RECIPIENTS.—Eligible recipients under ‘‘(O) $533,262,600 for fiscal year 2016, ‘‘(H) 0.75 percent of amounts made avail- this subsection are— $545,034,372 for fiscal year 2017, $557,433,904 for able to carry out section 5339. ‘‘(i) designated recipients that allocate fiscal year 2018, $586,907,438 for fiscal year ‘‘(2) ACTIVITIES.—The activities described funds to fixed route bus operators; or 2019, $601,712,178 for fiscal year 2020, and in this paragraph are as follows: ‘‘(ii) State or local governmental entities $616,928,276 for fiscal year 2021 shall be allo- ‘‘(A) Activities to oversee the construction that operate fixed route bus service. cated in accordance with section 5340 to pro- of a major capital project. ‘‘(B) SUBRECIPIENTS.—A recipient that re- vide financial assistance for urbanized areas ‘‘(B) Activities to review and audit the ceives a grant under this subsection may al- under section 5307 and rural areas under sec- safety and security, procurement, manage- locate amounts of the grant to subrecipients tion 5311; and ment, and financial compliance of a recipi- that are public agencies or private nonprofit ‘‘(P) $4,000,000 for each of fiscal years 2019 ent or subrecipient of funds under this chap- organizations engaged in public transpor- through 2021 shall be available to carry out ter. tation. section 5322(b). ‘‘(C) Activities to provide technical assist- ‘‘(5) DISTRIBUTION OF GRANT FUNDS.—Funds ‘‘(b) RESEARCH, DEVELOPMENT, DEMONSTRA- ance generally, and to provide technical as- allocated under section 5338(a)(2)(M) shall be TION, AND DEPLOYMENT PROGRAM.—There are sistance to correct deficiencies identified in distributed as follows: authorized to be appropriated to carry out compliance reviews and audits carried out ‘‘(A) NATIONAL DISTRIBUTION.—$103,000,000 section 5312, other than subsections (e) and under this section. for each of fiscal years 2016 through 2021

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5967 shall be allocated to all States and terri- eligible recipients in an urbanized area in a under this subsection for an eligible project; tories, with each State receiving $2,000,000 State. and for each such fiscal year and each territory ‘‘(4) REQUIREMENTS FOR THE SECRETARY.— ‘‘(G) the term ‘zero emission vehicle’ receiving $500,000 for each such fiscal year. The Secretary shall— means a low or no emission vehicle that pro- ‘‘(B) DISTRIBUTION USING POPULATION AND ‘‘(A) disclose all metrics and evaluation duces no carbon or particulate matter. SERVICE FACTORS.—The remainder of the procedures to be used in considering grant ‘‘(2) GENERAL AUTHORITY.—The Secretary funds not otherwise distributed under sub- applications under this subsection upon may make grants to recipients to finance el- paragraph (A) shall be allocated pursuant to issuance of the notice of funding availability igible projects under this subsection. the formula set forth in section 5336 other in the Federal Register; and ‘‘(3) GRANT REQUIREMENTS.— than subsection (b). ‘‘(B) publish a summary of final scores for ‘‘(A) IN GENERAL.—A grant under this sub- ‘‘(6) TRANSFERS OF APPORTIONMENTS.— selected projects, metrics, and other evalua- section shall be subject to the requirements ‘‘(A) TRANSFER FLEXIBILITY FOR NATIONAL tions used in awarding grants under this sub- of section 5307. DISTRIBUTION FUNDS.—The Governor of a section in the Federal Register. ‘‘(B) GOVERNMENT SHARE OF COSTS FOR CER- State may transfer any part of the State’s ‘‘(5) RURAL PROJECTS.—Not less 10 percent TAIN PROJECTS.—Section 5323(i) applies to eli- apportionment under paragraph (5)(A) to of the amounts made available under this gible projects carried out under this sub- supplement amounts apportioned to the subsection in a fiscal year shall be distrib- section, unless the recipient requests a lower State under section 5311(c) of this title or uted to projects in rural areas. grant percentage. amounts apportioned to urbanized areas ‘‘(6) GRANT REQUIREMENTS.— ‘‘(C) COMBINATION OF FUNDING SOURCES.— under subsections (a) and (c) of section 5336 ‘‘(A) IN GENERAL.—A grant under this sub- ‘‘(i) COMBINATION PERMITTED.—An eligible of this title. section shall be subject to the requirements project carried out under this subsection ‘‘(B) TRANSFER FLEXIBILITY FOR POPU- of— may receive funding under section 5307 or LATION AND SERVICE FACTORS FUNDS.—The ‘‘(i) section 5307 for recipients of grants any other provision of law. Governor of a State may expend in an urban- made in urbanized areas; and ‘‘(ii) GOVERNMENT SHARE.—Nothing in this ized area with a population of less than ‘‘(ii) section 5311 for recipients of grants subparagraph shall be construed to alter the 200,000 any amounts apportioned under para- made in rural areas. Government share required under paragraph graph (5)(B) that are not allocated to des- ‘‘(B) GOVERNMENT SHARE OF COSTS.—The (7), section 5307, or any other provision of ignated recipients in urbanized areas with a Government share of the cost of an eligible law. population of 200,000 or more. project carried out under this subsection ‘‘(4) COMPETITIVE PROCESS.—The Secretary ‘‘(7) GOVERNMENT SHARE OF COSTS.— shall not exceed 80 percent. shall— VAILABILITY OF FUNDS ‘‘(A) CAPITAL PROJECTS.—A grant for a cap- ‘‘(7) A .—Any amounts ‘‘(A) not later than 30 days after the date ital project under this subsection shall be for made available to carry out this subsection— on which amounts are made available for ob- 80 percent of the net capital costs of the ‘‘(A) shall remain available for 2 fiscal ligation under this subsection for a full fis- project. A recipient of a grant under this years after the fiscal year for which the cal year, solicit grant applications for eligi- subsection may provide additional local amount is made available; and ble projects on a competitive basis; and matching amounts. ‘‘(B) that remain unobligated at the end of ‘‘(B) award a grant under this subsection the period described in subparagraph (A) ‘‘(B) REMAINING COSTS.—The remainder of based on the solicitation under subparagraph shall be added to the amount made available the net project cost shall be provided— (A) not later than the earlier of— to an eligible project in the following fiscal ‘‘(i) in cash from non-Government sources ‘‘(i) 75 days after the date on which the so- year. other than revenues from providing public licitation expires; or ‘‘(8) LIMITATION.—Of the amounts made transportation services; ‘‘(ii) the end of the fiscal year in which the available under this subsection, not more ‘‘(ii) from revenues derived from the sale of Secretary solicited the grant applications. than 15 percent may be awarded to a single advertising and concessions; ‘‘(5) CONSIDERATION.—In awarding grants grantee. ‘‘(iii) from an undistributed cash surplus, a under this subsection, the Secretary shall ‘‘(c) LOW OR NO EMISSION GRANTS.— only consider eligible projects relating to replacement or depreciation cash fund or re- ‘‘(1) DEFINITIONS.—In this subsection— the acquisition or leasing of low or no emis- serve, or new capital; ‘‘(A) the term ‘direct carbon emissions’ sion buses that— ‘‘(iv) from amounts received under a serv- means the quantity of direct greenhouse gas ‘‘(A) make greater reductions in energy ice agreement with a State or local social emissions from a vehicle, as determined by consumption and harmful emissions, includ- service agency or private social service orga- the Administrator of the Environmental ing direct carbon emissions, than com- nization; or Protection Agency; parable standard buses or other low or no ‘‘(v) from revenues generated from value ‘‘(B) the term ‘eligible project’ means a emission buses; and capture financing mechanisms. project or program of projects in an eligible ‘‘(B) are part of a long-term integrated ‘‘(8) PERIOD OF AVAILABILITY TO RECIPI- area for— fleet management plan for the recipient. ENTS.—Amounts made available under this ‘‘(i) acquiring low or no emission vehicles; ‘‘(6) AVAILABILITY OF FUNDS.—Any amounts subsection may be obligated by a recipient ‘‘(ii) leasing low or no emission vehicles; made available to carry out this subsection— for 3 fiscal years after the fiscal year in ‘‘(iii) acquiring low or no emission vehicles ‘‘(A) shall remain available to an eligible which the amount is apportioned. Not later with a leased power source; project for 2 fiscal years after the fiscal year than 30 days after the end of the 3-fiscal-year ‘‘(iv) constructing facilities and related for which the amount is made available; and period described in the preceding sentence, equipment for low or no emission vehicles; ‘‘(B) that remain unobligated at the end of any amount that is not obligated on the last ‘‘(v) leasing facilities and related equip- the period described in subparagraph (A) day of that period shall be added to the ment for low or no emission vehicles; shall be added to the amount made available amount that may be apportioned under this ‘‘(vi) constructing new public transpor- to an eligible project in the following fiscal subsection in the next fiscal year. tation facilities to accommodate low or no year. ‘‘(b) BUS AND BUS FACILITIES COMPETITIVE emission vehicles; or ‘‘(7) GOVERNMENT SHARE OF COSTS.— GRANTS.— ‘‘(vii) rehabilitating or improving existing ‘‘(A) IN GENERAL.—The Federal share of the ‘‘(1) IN GENERAL.—The Secretary may make public transportation facilities to accommo- cost of an eligible project carried out under grants under this subsection to designated date low or no emission vehicles; this subsection shall not exceed 80 percent. recipients to assist in the financing of bus ‘‘(C) the term ‘leased power source’ means ‘‘(B) NON-FEDERAL SHARE.—The non-Fed- and bus facilities capital projects, includ- a removable power source, as defined in para- eral share of the cost of an eligible project ing— graph (4)(A) of section 5316(c), that is made carried out under this subsection may be de- ‘‘(A) replacing, rehabilitating, purchasing, available through a capital lease under that rived from in-kind contributions.’’. or leasing buses or related equipment; and section; (b) TECHNICAL AND CONFORMING AMEND- ‘‘(B) rehabilitating, purchasing, con- ‘‘(D) the term ‘low or no emission bus’ MENT.—The table of sections for chapter 53 of structing, or leasing bus-related facilities. means a bus that is a low or no emission ve- title 49, United States Code, is amended by ‘‘(2) GRANT CONSIDERATIONS.—In making hicle; striking the item relating to section 5339 and grants under this subsection, the Secretary ‘‘(E) the term ‘low or no emission vehicle’ inserting the following: shall consider the age and condition of buses, means— ‘‘5339. Grants for bus and bus facilities.’’. bus fleets, related equipment, and bus-re- ‘‘(i) a passenger vehicle used to provide lated facilities. public transportation that the Secretary de- SEC. 21019. SALARY OF FEDERAL TRANSIT AD- MINISTRATOR. ‘‘(3) STATEWIDE APPLICATIONS.—A State termines sufficiently reduces energy con- (a) IN GENERAL.—Section 5313 of title 5, may submit a statewide application on be- sumption or harmful emissions, including di- United States Code, is amended by adding at half of a public agency or private nonprofit rect carbon emissions, when compared to a the end the following: organization engaged in public transpor- comparable standard vehicle; or ‘‘Federal Transit Administrator.’’. tation in rural areas or other areas for which ‘‘(ii) a zero emission vehicle used to pro- (b) CONFORMING AMENDMENT.—Section 5314 the State allocates funds. The submission of vide public transportation; of title 5, United States Code, is amended by a statewide application shall not preclude ‘‘(F) the term ‘recipient’ means a des- striking ‘‘Federal Transit Administrator.’’. the submission and consideration of any ap- ignated recipient, a local governmental au- (c) EFFECTIVE DATE.—The amendments plication under this subsection from other thority, or a State that receives a grant made by this section shall take effect on the

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5968 CONGRESSIONAL RECORD — SENATE July 27, 2015 first day of the first pay period beginning on ment of transportation under section 3345 of ‘‘(iii) sharing of best practices related to or after the first day of the first fiscal year title 5 may continue to perform the func- efficient project permitting and reviews. beginning after the date of enactment of this tions and duties of the office if the time lim- ‘‘(F) Provide reporting to the President on Act. itations in section 3346 of that title would progress toward achieving greater efficiency SEC. 21020. TECHNICAL AND CONFORMING prevent the person from continuing to serve in permitting decisions and review of infra- AMENDMENTS. in a formal acting capacity.’’. structure projects and progress toward (a) CHAPTER 53 OF TITLE 49, UNITED STATES (b) CONFORMING AMENDMENT.—The table of achieving better outcomes for communities CODE.— contents for chapter 1 is amended by insert- and the environment. (1) IN GENERAL.—Chapter 53 of title 49, ing after the item relating to section 115 the ‘‘(G) Meet not less frequently than annu- United States Code, is amended— following: ally with groups or individuals representing (A) by striking section 5319; ‘‘116. Administrations; acting officers.’’. State, Tribal, and local governments that (B) in section 5325— (c) APPLICATION.—The amendment under are engaged in the infrastructure permitting (i) in subsection (e)(2), by striking ‘‘at subsection (a) shall apply to any applicable process. least two’’; and office with a position designated for a Senate ‘‘(4) INFRASTRUCTURE SECTORS COVERED.— (ii) in subsection (h), by striking ‘‘Federal confirmed official. The Center shall support process improve- Public Transportation Act of 2012’’ and in- SEC. 31102. INFRASTRUCTURE PERMITTING IM- ments in the permitting and review of infra- serting ‘‘Federal Public Transportation Act PROVEMENT CENTER. structure projects in the following sectors: of 2015’’; (a) IN GENERAL.—Subchapter I of chapter 3, ‘‘(A) Surface transportation. (C) in section 5336— as amended by sections 31104 and 31106 of this ‘‘(B) Aviation. (i) in subsection (a), by striking ‘‘sub- Act, is further amended by adding after sec- ‘‘(C) Ports and waterways. section (h)(4)’’ and inserting ‘‘subsection tion 311 the following: ‘‘(D) Water resource projects. ‘‘(E) Renewable energy generation. (h)(5)’’; and ‘‘§ 312. Interagency Infrastructure Permitting ‘‘(F) Electricity transmission. (ii) in subsection (h), as amended by divi- Improvement Center ‘‘(G) Broadband. sion G— ‘‘(a) IN GENERAL.—There is established in (I) by striking paragraph (1) and inserting ‘‘(H) Pipelines. the Office of the Secretary an Interagency ‘‘(I) Other sectors, as determined by the the following: Infrastructure Permitting Improvement Cen- ‘‘(1) $30,000,000 for each fiscal year shall be Steering Committee. ter (referred to in this section as the ‘Cen- ‘‘(c) PERFORMANCE MEASURES.— set aside to carry out section 5307(h);’’; and ter’). ‘‘(1) IN GENERAL.—Not later than 1 year (II) in paragraph (3), by striking ‘‘1.5 per- ‘‘(b) ROLES AND RESPONSIBILITIES.— after the date of enactment of the Com- cent’’ and inserting ‘‘2 percent’’; and ‘‘(1) GOVERNANCE.—The Center shall report prehensive Transportation and Consumer (D) in section 5340(b), by striking ‘‘section to the chair of the Steering Committee de- Protection Act of 2015, the Secretary, in co- 5338(b)(2)(M)’’ and inserting ‘‘section scribed in paragraph (2) to ensure that the ordination with the heads of other Federal 5338(a)(2)(O)’’. perspectives of all member agencies are rep- agencies on the Steering Committee with re- ABLE OF SECTIONS.—The table of sec- (2) T resented. sponsibility for the review and approval of tions for chapter 53 of title 49, United States ‘‘(2) INFRASTRUCTURE PERMITTING STEERING infrastructure projects sectors described in Code, is amended by striking the item relat- COMMITTEE.—An Infrastructure Permitting subsection (b)(4), shall evaluate and report ing to section 5319 and inserting the fol- Steering Committee (referred to in this sec- on— lowing: tion as the ‘Steering Committee’) is estab- ‘‘(A) the progress made toward aligning ‘‘[5319. Repealed.]’’. lished to oversee the work of the Center. The Federal reviews of such projects and the im- (b) CHAPTER 105 OF TITLE 49, UNITED Steering Committee shall be chaired by the provement of project delivery associated STATES CODE.—Section 10501(c) of title 49, Federal Chief Performance Officer in con- with those projects; and United States Code, is amended— sultation with the Chair of the Council on ‘‘(B) the effectiveness of the Center in (1) in paragraph (1)— Environmental Quality and shall be com- achieving reduction of permitting time and (A) in subparagraph (A)(i), by striking prised of Deputy-level representatives from project delivery time. ‘‘section 5302(a)’’ and inserting ‘‘section the following departments and agencies: ‘‘(2) PERFORMANCE TARGETS.—Not later 5302’’; and ‘‘(A) The Department of Defense. than 180 days after the date on which the (B) in subparagraph (B)— ‘‘(B) The Department of the Interior. Secretary of Transportation establishes per- (i) by striking ‘‘mass transportation’’ and ‘‘(C) The Department of Agriculture. formance measures in accordance with para- inserting ‘‘public transportation’’; and ‘‘(D) The Department of Commerce. graph (1), the Secretary shall establish per- (ii) by striking ‘‘section 5302(a)’’ and in- ‘‘(E) The Department of Transportation. formance targets relating to each of the serting ‘‘section 5302’’; and ‘‘(F) The Department of Energy. measures and standards described in sub- (2) in paragraph (2)(A), by striking ‘‘mass ‘‘(G) The Department of Homeland Secu- paragraphs (A) and (B) of paragraph (1). transportation’’ and inserting ‘‘public trans- rity. ‘‘(3) REPORT TO CONGRESS.—Not later than 2 portation’’. ‘‘(H) The Environmental Protection Agen- years after the date of enactment of the DIVISION C—COMPREHENSIVE TRANS- cy. Comprehensive Transportation and Con- PORTATION AND CONSUMER PROTEC- ‘‘(I) The Advisory Council on Historic Pres- sumer Protection Act of 2015 and biennially TION ACT OF 2015 ervation. thereafter, the Secretary shall submit a re- ‘‘(J) The Department of the Army. SEC. 31001. SHORT TITLE. port to the Committee on Commerce, ‘‘(K) The Department of Housing and Science, and Transportation of the Senate This division may be cited as the ‘‘Com- Urban Development. and the Committee on Transportation and prehensive Transportation and Consumer ‘‘(L) Other agencies the Chair of the Steer- Infrastructure of the House of Representa- Protection Act of 2015.’’ ing Committee invites to participate. tives that describes— SEC. 31002. REFERENCES TO TITLE 49, UNITED ‘‘(3) ACTIVITIES.—The Center shall support ‘‘(A) the results of the evaluation con- STATES CODE. the Chair of the Steering Committee and un- ducted under paragraph (1); and Except as otherwise expressly provided, dertake the following: ‘‘(B) the progress towards achieving the wherever in this division an amendment or ‘‘(A) Coordinate and support implementa- targets established under paragraph (2). repeal is expressed in terms of an amend- tion of priority reform actions for Federal ‘‘(4) INSPECTOR GENERAL REPORT.—Not later ment to, or repeal of, a section or other pro- agency permitting and reviews for areas as than 3 years after the date of enactment of vision, the reference shall be considered to defined and identified by the Steering Com- the Comprehensive Transportation and Con- be made to a section or other provision of mittee. sumer Protection Act of 2015, the Inspector title 49, United States Code. ‘‘(B) Support modernization efforts at Fed- General of the Department of Transportation SEC. 31003. EFFECTIVE DATE. eral agencies and interagency pilots for inno- shall submit a report to the Committee on Subtitle A of title XXXII, sections 33103, vative approaches to the permitting and re- Commerce, Science, and Transportation of 34101(g), 34105, 34106, 34107, 34133, 34141, 34202, view of infrastructure projects. the Senate and the Committee on Transpor- 34203, 34204, 34205, 34206, 34207, 34208, 34211, ‘‘(C) Provide technical assistance and tation and Infrastructure of the House of 34212, 34213, 34214, 34215, subtitles C and D of training to field and headquarters staff of Representatives that describes— title XXXIV, and title XXXV take effect on Federal agencies on policy changes, innova- ‘‘(A) the results of the evaluation con- the date of enactment of this Act. tive approaches to project delivery, and ducted under paragraph (1); and TITLE XXXI—OFFICE OF THE SECRETARY other topics as appropriate. ‘‘(B) the progress towards achieving the Subtitle A—Accelerating Project Delivery ‘‘(D) Identify, develop, and track metrics targets established under paragraph (2).’’. for timeliness of permit reviews, permit deci- (b) CONFORMING AMENDMENT.—The table of SEC. 31101. DELEGATION OF AUTHORITY. sions, and project outcomes. contents of chapter 3, as amended by sec- (a) IN GENERAL.—Chapter 1 is amended by ‘‘(E) Administer and expand the use of on- tions 31104 and 31106 of this Act, is further adding at the end the following: line transparency tools providing for— amended by inserting after the item relating ‘‘§ 116. Administrations; acting officers ‘‘(i) tracking and reporting of metrics; to section 311 the following: ‘‘No person designated to serve as the act- ‘‘(ii) development and posting of schedules ‘‘312. Interagency Infrastructure Permitting ing head of an administration in the depart- for permit reviews and permit decisions; and Improvement Center.’’.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0655 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5969 SEC. 31103. ACCELERATED DECISION-MAKING IN natives for analysis that the lead agency and (iii) by inserting ‘‘proposed multimodal’’ ENVIRONMENTAL REVIEWS. agencies of jurisdiction will rely upon for before ‘‘project’’; (a) IN GENERAL.—Subchapter I of chapter 3 concurrent environmental reviews and per- (B) by amending paragraph (2) to read as is amended by inserting after section 304 the mitting decisions required for the proposed follows: following: project absent circumstances that require re- ‘‘(2) LEAD AUTHORITY.—The term ‘lead au- ‘‘§ 304a. Accelerated decision-making in envi- consideration in order to meet an agency of thority’ means a Department of Transpor- ronmental reviews jurisdiction’s legal obligations; and tation operating administration or secre- ‘‘(3) achieve concurrence or issue resolu- tarial office that has the lead responsibility ‘‘(a) IN GENERAL.—In preparing a final en- vironmental impact statement under the Na- tion in an expedited manner if circumstances for a proposed multimodal project.’’; and tional Environmental Policy Act of 1969 (42 arise that require a reconsideration of the (C) in paragraph (3), by striking ‘‘has the U.S.C. 4321 et seq.), if the Department of purpose and need or range of alternatives meaning given the term in section 139(a) of Transportation, when acting as lead agency, considered during any Federal agency’s envi- title 23’’ and inserting ‘‘means an action by modifies the statement in response to com- ronmental or permitting review in order to the Department of Transportation that in- ments that are minor and are confined to meet an agency of jurisdiction’s legal obliga- volves expertise of 1 or more Department of factual corrections or explanations of why tions. Transportation operating administrations or the comments do not warrant additional De- ‘‘(b) ENVIRONMENTAL CHECKLIST.—The Sec- secretarial offices’’; partmental response, the Department may retary of Transportation and Federal agen- (2) in subsection (b), by striking ‘‘under write on errata sheets attached to the state- cies of jurisdiction likely to have sub- this title’’ and inserting ‘‘by the Secretary of ment instead of rewriting the draft state- stantive review or approval responsibilities Transportation’’; ment, subject to the condition that the er- on transportation projects, not later than 90 (3) in subsection (c)— rata sheets— days after the date of enactment of the Com- (A) in the matter preceding paragraph (1)— ‘‘(1) cite the sources, authorities, or rea- prehensive Transportation and Consumer (i) by striking ‘‘a categorical exclusion sons that support the position of the Depart- Protection Act of 2015, shall jointly develop designated under the implementing regula- ment; and a checklist to help project sponsors identify tions or’’ and inserting ‘‘categorical exclu- ‘‘(2) if appropriate, indicate the cir- potential natural, cultural, and historic re- sions designated under the National Environ- cumstances that would trigger Departmental sources in the area of a proposed project. The mental Policy Act of 1969 (42 U.S.C. 4321 et reappraisal or further response. purpose of the checklist is— seq.) implementing’’; and ‘‘(1) to identify agencies of jurisdiction and (ii) by striking ‘‘other components of the’’ ‘‘(b) INCORPORATION.—To the maximum ex- tent practicable, the Department shall expe- cooperating agencies, and inserting ‘‘a proposed multimodal’’; ditiously develop a single document that ‘‘(2) to develop the information needed for (B) by amending paragraphs (1) and (2) to consists of a final environmental impact the purpose and need and alternatives for read as follows: statement and a record of decision, unless— analysis; and ‘‘(1) the lead authority makes a prelimi- ‘‘(1) the final environmental impact state- ‘‘(3) to improve interagency collaboration nary determination on the applicability of a ment makes substantial changes to the pro- to help expedite the permitting process for categorical exclusion to a proposed posed action that are relevant to environ- the lead agency and Federal agencies of ju- multimodal project and notifies the cooper- mental or safety concerns; or risdiction. ating authority of its intent to apply the co- ‘‘(2) there are significant new cir- ‘‘(c) INTERAGENCY COLLABORATION.—Con- operating authority categorical exclusion; cumstances or information relevant to envi- sistent with Federal environmental statutes ‘‘(2) the cooperating authority does not ob- ronmental concerns and that bear on the and the priority reform actions for Federal ject to the lead authority’s preliminary de- proposed action or the impacts of the pro- agency permitting and reviews defined and termination of its applicability;’’; posed action.’’. identified by the Steering Committee estab- (C) in paragraph (3)— lished under section 312, the Secretary shall (i) by inserting ‘‘the lead authority deter- (b) CONFORMING AMENDMENT.—The table of contents of chapter 3 is amended by insert- facilitate annual interagency collaboration mines that’’ before ‘‘the component of’’; and ing after the item relating to section 304 the sessions at the appropriate jurisdictional (ii) by inserting ‘‘proposed multimodal’’ following: level to coordinate business plans and facili- before ‘‘project to be covered’’; and tate coordination of workload planning and (D) by amending paragraph (4) to read as ‘‘304a. Accelerated decision-making in envi- workforce management. This engagement follows: ronmental reviews.’’. shall ensure agency staff is fully engaged and ‘‘(4) the lead authority, with the concur- SEC. 31104. ENVIRONMENTAL REVIEW ALIGN- utilizing the flexibility of existing regula- rence of the cooperating authority— MENT AND REFORM. tions, policies, and guidance and identifying ‘‘(A) follows implementing regulations or (a) IN GENERAL.—Subchapter I of chapter 3 additional actions to facilitate high quality, procedures under the National Environ- is amended by inserting after section 309 the efficient, and targeted environmental re- mental Policy Act of 1969 (42 U.S.C. 4321 et following: views and permitting decisions. The sessions seq.); ‘‘§ 310. Aligning Federal environmental re- and the interagency collaborations they gen- ‘‘(B) determines that the proposed views erate shall focus on how to work with State multimodal project does not individually or ‘‘(a) COORDINATED AND CONCURRENT ENVI- and local transportation entities to improve cumulatively have a significant impact on RONMENTAL REVIEWS.—Not later than 1 year project planning, siting, and application the environment; and after the date of enactment of the Com- quality and how to consult and coordinate ‘‘(C) determines that extraordinary cir- prehensive Transportation and Consumer with relevant stakeholders and Federal, trib- cumstances do not exist that merit addi- Protection Act of 2015, the Department of al, State, and local representatives early in tional analysis and documentation in an en- Transportation, in coordination with the permitting processes. vironmental impact statement or environ- Steering Committee described in section 312 ‘‘(d) PERFORMANCE MEASUREMENT.—Not mental assessment required under the Na- of this title, shall develop a coordinated and later than 1 year after the date of enactment tional Environmental Policy Act of 1969 (42 concurrent environmental review and per- of the Comprehensive Transportation and U.S.C. 4321 et seq.).’’; and mitting process for transportation projects Consumer Protection Act of 2015, the Sec- (4) by amending subsection (d) to read as when initiating an environmental impact retary of Transportation, in coordination follows: statement under the National Environ- with the Steering Committee established ‘‘(d) COOPERATING AUTHORITY EXPERTISE.— mental Policy Act of 1969 (42 U.S.C. 4321 et under section 312 of this title, shall establish A cooperating authority shall provide exper- seq.) (referred to in this section as ‘NEPA’). a program to measure and report on progress tise to the lead authority on aspects of the The coordinated and concurrent environ- towards aligning Federal reviews as outlined multimodal project in which the cooperating mental review and permitting process shall— in this section.’’. authority has expertise.’’. ‘‘(1) ensure that the Department of Trans- (b) CONFORMING AMENDMENT.—The table of SEC. 31106. IMPROVING TRANSPARENCY IN ENVI- portation and Federal agencies of jurisdic- contents of subchapter I of chapter 3 is RONMENTAL REVIEWS. tion possess sufficient information early in amended by inserting after the item relating (a) IN GENERAL.—Subchapter I of chapter 3, the review process to determine a statement to section 309 the following: as amended by section 31104 of this Act, is of a transportation project’s purpose and ‘‘310. Aligning Federal environmental re- further amended by inserting after section need and range of alternatives for analysis views.’’. 310 the following: that the lead agency and agencies of jurisdic- SEC. 31105. MULTIMODAL CATEGORICAL EXCLU- ‘‘§ 311. Improving transparency in environ- tion will rely upon for concurrent environ- SIONS. mental reviews mental reviews and permitting decisions re- Section 304 is amended— ‘‘(a) IN GENERAL.—Not later than 2 years quired for the proposed project; (1) in subsection (a)— after the date of enactment of the Com- ‘‘(2) achieve early concurrence or issue res- (A) in paragraph (1)— prehensive Transportation and Consumer olution during the NEPA scoping process on (i) by striking ‘‘operating authority’’ and Protection Act of 2015, the Secretary of the Department of Transportation’s state- inserting ‘‘operating administration or sec- Transportation shall establish an online ment of a project’s purpose and need and retarial office’’; platform and, in coordination with Federal during development of the environmental (ii) by inserting ‘‘has expertise but’’ before agencies described in subsection (b), issue re- impact statement on the range of alter- ‘‘is not the lead’’; and porting standards to make publicly available

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5970 CONGRESSIONAL RECORD — SENATE July 27, 2015 the status and progress with respect to com- section (a) of this section for the costs of tation on research that has not previously pliance with applicable requirements under project management oversight of grants au- been approved as part of a modal research the National Environmental Policy Act of thorized under that subsection. plan approved by the Assistant Secretary un- 1969 (42 U.S.C. 4321 et seq.) and any other (e) SAVINGS CLAUSE.—Nothing in this sec- less— Federal approval required under applicable tion may be construed as authorizing the (1) such research is required by an Act of laws for projects and activities requiring an amounts appropriated under subsection (a) Congress; environmental assessment or an environ- to be used for any purpose other than financ- (2) such research was part of a contract mental impact statement. ing the installation of positive train control that was funded before the date of enactment ‘‘(b) FEDERAL AGENCY PARTICIPATION.—A systems. of this Act; or Federal agency of jurisdiction over an ap- (f) GRANTS FINANCED FROM HIGHWAY TRUST (3) the Secretary of Transportation cer- proval required for a project under applica- FUND.—A grant, contract, direct loan, or tifies to Congress that such research is nec- ble laws shall provide information regarding loan guarantee that is approved by the Sec- essary before the approval of a modal re- retary and financed with amounts made the status and progress of the approval to search plan. available from the Mass Transit Account of the online platform, consistent with the (d) DUPLICATIVE RESEARCH.— the Highway Trust Fund under this section standards established under subsection (a). (1) IN GENERAL.—Except as provided in is a contractual obligation of the Govern- ‘‘(c) ASSIGNMENT OF RESPONSIBILITIES.—An paragraph (2), no funds may be expended by ment to pay the Government share of the entity with assigned authority for respon- the Department of Transportation on re- cost of the project. sibilities under the National Environmental (g) AVAILABILITY OF AMOUNTS.—Notwith- search projects that the Secretary identifies Policy Act of 1969 (42 U.S.C. 4321 et seq.), standing subsection (h), amounts made avail- as duplicative under subsection (b)(3). under section 326 or section 327 of title 23 able under this section shall remain avail- (2) EXCEPTIONS.—Paragraph (1) shall not shall be responsible for supplying project de- able until expended. apply to— velopment and compliance status for all ap- (h) SUNSET.—The Secretary of Transpor- (A) updates to previously commissioned re- plicable projects.’’. tation shall provide the grants, direct loans, search; (b) CONFORMING AMENDMENT.—The table of and loan guarantees under subsection (b) by (B) research commissioned to carry out an contents of subchapter I of chapter 3, as September 30, 2017. Act of Congress; or amended by section 31104 of this Act, is fur- Subtitle B—Research (C) research commissioned before the date ther amended by inserting after the item re- of enactment of this Act. SEC. 31201. FINDINGS. lating to section 310, the following: (e) CERTIFICATION.— Congress makes the followings findings: (1) IN GENERAL.—The Secretary shall annu- ‘‘311. Improving transparency in environ- (1) Federal transportation research plan- ally certify to Congress that— mental reviews.’’. ning and coordination— (A) each modal research plan has been re- SEC. 31107. LOCAL TRANSPORTATION INFRA- (A) should occur within the Office of the viewed; and STRUCTURE PROGRAM. Secretary; and (B) there is no duplication of study for re- Section 610 of title 23, United States Code, (B) should be, to the extent practicable, search directed, commissioned, or conducted is amended— multi-modal and not occur solely within the by the Department of Transportation. (1) in subsection (d)— subagencies of the Department of Transpor- (2) CORRECTIVE ACTION PLAN.—If the Sec- (A) in paragraph (1), by striking subpara- tation. retary, after submitting a certification graph (A) and inserting the following: (2) Managing a multi-modal research port- under paragraph (1), identifies duplication of ‘‘(A) 10 percent of the funds apportioned to folio within the Office of the Secretary will— research within the Department of Transpor- the State for each of fiscal years 2016 (A) help identify opportunities where re- tation, the Secretary shall— through 2021 under each of sections 104(b)(1), search could be applied across modes; and (A) notify Congress of the duplicative re- 104(b)(2), and 144; and’’; (B) prevent duplication of efforts and waste search; and (B) in paragraph (2), by striking ‘‘2005 of limited Federal resources. (B) submit a corrective action plan to Con- through 2009’’ and inserting ‘‘2016 through (3) An ombudsman for research at the De- gress that will eliminate such duplicative re- 2021’’; partment of Transportation will— search. (C) in paragraph (3), by striking ‘‘2005 (A) give stakeholders a formal opportunity through 2009’’ and inserting ‘‘2016 through to address concerns; SEC. 31203. CONSOLIDATED RESEARCH PRO- 2021’’; and (B) ensure unbiased research; and SPECTUS AND STRATEGIC PLAN. (D) in paragraph (5), by striking ‘‘section (C) improve the overall research products (a) PROSPECTUS.— 133(d)(3)’’ and inserting ‘‘section 133(d)(4)’’; of the Department. (1) IN GENERAL.—The Secretary shall annu- and (4) Increasing transparency of transpor- ally publish, on a public website, a com- (2) in subsection (k), by striking ‘‘2005 tation research efforts will— prehensive prospectus on all research through 2009’’ and inserting ‘‘2016 through (A) build stakeholder confidence in the projects conducted by the Department of 2021’’. final product; and Transportation, including, to the extent SEC. 31108. AUTHORIZATION OF GRANTS FOR (B) lead to the improved implementation practicable, research funded through Univer- POSITIVE TRAIN CONTROL. of research findings. sity Transportation Centers. (a) IN GENERAL.—There shall be available SEC. 31202. MODAL RESEARCH PLANS. (2) CONTENTS.—The prospectus published from the Mass Transit Account of the High- (a) IN GENERAL.—Not later than June 15 of under paragraph (1) shall— way Trust Fund to carry out this section the year preceding the research fiscal year, (A) include the consolidated modal re- $199,000,000 for fiscal year 2016 to assist in fi- the head of each modal administration and search plans approved under section 1302; nancing the installation of positive train joint program office of the Department of (B) describe the research objectives, control systems. Transportation shall submit a comprehen- progress, and allocated funds for each re- (b) PROGRAMS.—The amounts made avail- sive annual modal research plan to the As- search project; able under subsection (a) of this section may sistant Secretary for Research and Tech- (C) identify research projects with multi- be used to assist in financing the installation nology of the Department of Transportation modal applications; of positive train control systems through— (referred to in this subtitle as the ‘‘Assistant (D) specify how relevant modal administra- (1) grants made under the rail safety tech- Secretary’’). tions have assisted, will contribute to, or nology grants program under section 20158 of (b) REVIEW.— plan to use the findings from the research title 49, United States Code; (1) IN GENERAL.—Not later than October 1 projects identified under paragraph (1); (2) grants made under the consolidated rail of each year, the Assistant Secretary, for (E) identify areas in which multiple modal infrastructure and safety improvements pro- each plan submitted pursuant to subsection administrations are conducting research gram under section 24408 of title 49, United (a), shall— projects on similar subjects or subjects States Code; and (A) review the scope of the research; and which have bearing on multiple modes; (3) funding the cost, including the subsidy (B)(i) approve the plan; or (F) describe the interagency and cross cost or cost of credit risk premiums, of di- (ii) request that the plan be revised. modal communication and coordination that rect loans and loan guarantees under sec- (2) PUBLICATIONS.—Not later than January has occurred to prevent duplication of re- tions 502 through 504 of the Railroad Revital- 30 of each year, the Secretary shall publish search efforts within the Department of ization and Regulatory Reform Act of 1976 each plan that has been approved under para- Transportation; (45 U.S.C. 801 et seq.). graph (1)(B)(i) on a public website. (G) indicate how research is being dissemi- (c) ELIGIBLE RECIPIENTS.—The amounts (3) REJECTION OF DUPLICATIVE RESEARCH EF- nated to improve the efficiency and safety of made available under subsection (a) of this FORTS.—The Assistant Secretary may not transportation systems; section may be used only to assist a recipi- approve any plan submitted by the head of a (H) describe how agencies developed their ent of funds under chapter 53 of title 49, modal administration or joint program office research plans; and United States Code, through the programs pursuant to subsection (a) if such plan dupli- (I) describe the opportunities for public described in subsection (b). cates the research efforts of any other modal and stakeholder input. (d) PROJECT MANAGEMENT OVERSIGHT.—The administration. (b) FUNDING REPORT.—In conjunction with Secretary may withhold up to 1 percent from (c) FUNDING LIMITATIONS.—No funds may each of the President’s annual budget re- the amounts made available under sub- be expended by the Department of Transpor- quests under section 1105 of title 31, United

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(1) a summary of the Federal transpor- (i) in subsection (a)(9), by striking ‘‘trans- ‘‘(c) RESPONSIBILITIES.— tation research and development activities portation research and technology develop- ‘‘(1) ADDRESSING COMPLAINTS AND QUES- for the previous fiscal year in each topic ment strategic plan developed under section TIONS.—The Research Ombudsman shall— area; 508’’ and inserting ‘‘transportation research ‘‘(A) receive complaints and questions (2) the amount spent in each topic area; and development strategic plan under sec- about— ‘‘(i) significant alleged omissions, impro- (3) a description of the extent to which the tion 31203 of the Comprehensive Transpor- prieties, and systemic problems; and research and development is meeting the ex- tation and Consumer Protection Act of ‘‘(ii) excessive delays of, or within, a spe- pectations set forth in subsection (d)(3)(A); 2015’’; and cific research project; and and (ii) in subsection (b)(4), by striking ‘‘trans- ‘‘(B) evaluate and address the complaints (4) any amendments to the strategic plan portation research and development stra- developed under subsection (d). and questions described in subparagraph (A). tegic plan of the Secretary developed under (d) TRANSPORTATION RESEARCH AND DEVEL- ‘‘(2) PETITIONS.— section 508’’ and inserting ‘‘transportation OPMENT STRATEGIC PLAN.— ‘‘(A) REVIEW.—The Research Ombudsman research and development strategic plan (1) IN GENERAL.—The Secretary shall de- shall review petitions relating to— under section 31203 of the Comprehensive velop a 5-year transportation research and ‘‘(i) conflicts of interest; development strategic plan to guide future Transportation and Consumer Protection ‘‘(ii) the study design and methodology; Federal transportation research and develop- Act of 2015’’; and ‘‘(iii) assumptions and potential bias; ment activities. (D) in section 512(b), by striking ‘‘as part of ‘‘(iv) the length of the study; and the transportation research and development (2) CONSISTENCY.—The strategic plan devel- ‘‘(v) the composition of any data sampled. strategic plan developed under section 508’’. oped under paragraph (1) shall be consistent ‘‘(B) RESPONSE TO PETITIONS.—The Re- with— (2) INTELLIGENT TRANSPORTATION SYS- search Ombudsman shall— (A) section 306 of title 5, United States TEMS.—Section 5205 of the Intelligent Trans- ‘‘(i) respond to relevant petitions within a Code; portation Systems Act of 1998 (23 U.S.C. 502 reasonable period; (B) sections 1115 and 1116 of title 31, United note) is amended— ‘‘(ii) identify deficiencies in the petition’s States Code; and (A) in subsection (b), by striking ‘‘as part study design; and (C) any other research and development of the Surface Transportation Research and ‘‘(iii) propose a remedy for such defi- plan within the Department of Transpor- Development Strategic Plan developed under ciencies to the administrator of the modal tation. section 508 of title 23, United States Code’’ administration responsible for completing (3) CONTENTS.—The strategic plan devel- and inserting ‘‘as part of the transportation the research project. oped under paragraph (1) shall— research and development strategic plan ‘‘(C) RESPONSE TO PROPOSED REMEDY.—The (A) describe the primary purposes of the under section 31203 of the Comprehensive administrator of the modal administration transportation research and development Transportation and Consumer Protection charged with completing the research program, which shall include— Act of 2015’’; and project shall respond to the proposed re- (i) promoting safety; (B) in subsection (e)(2)(A), by striking ‘‘or search remedy. (ii) reducing congestion; the Surface Transportation Research and De- ‘‘(3) REQUIRED REVIEWS.—The Research Om- (iii) improving mobility; velopment Strategic Plan developed under budsman shall evaluate the study plan for all (iv) preserving the existing transportation section 508 of title 23, United States Code’’ statutorily required studies and reports be- system; and inserting ‘‘or the transportation re- fore the commencement of such studies to (v) improving the durability and extending search and development strategic plan under ensure that the research plan has an appro- the life of transportation infrastructure; and section 31203 of the Comprehensive Transpor- priate sample size and composition to ad- (vi) improving goods movement; tation and Consumer Protection Act of dress the stated purpose of the study. (B) for each of the purposes referred to in 2015’’. ‘‘(d) REPORTS.— subparagraph (A), list the primary research (3) INTELLIGENT TRANSPORTATION SYSTEM ‘‘(1) IN GENERAL.—Upon the completion of and development topics that the Department RESEARCH.—Subtitle C of title V of the Safe, each review under subsection (c), the Re- of Transportation intends to pursue to ac- Accountable, Flexible, Efficient Transpor- search Ombudsman shall— complish that purpose, which may include— tation Equity Act: A Legacy for Users (23 ‘‘(A) submit a report containing the results (i) fundamental research in the physical U.S.C. 512 note) is amended— of such review to— and natural sciences; (A) in section 5305(h)(3)(A), by striking ‘‘(i) the Secretary; (ii) applied research; ‘‘the strategic plan under section 508 of title ‘‘(ii) the head of the relevant modal admin- (iii) technology research; and 23, United States Code’’ and inserting ‘‘the 5- istration; and (iv) social science research intended for year transportation research and develop- ‘‘(iii) the study or research leader; and each topic; and ment strategic plan under section 31203 of ‘‘(B) publish such results on a public (C) for each research and development the Comprehensive Transportation and Con- website, with the modal administration re- topic— sumer Protection Act of 2015’’; and sponse required under subsection (c)(2)(C). (i) identify the anticipated annual funding (B) in section 5307(c)(2)(A), by striking ‘‘or ‘‘(2) INDEPENDENCE.—Each report required levels for the period covered by the strategic the surface transportation research and de- under this section shall be provided directly plan; and velopment strategic plan developed under to the individuals described in paragraph (1) (ii) include any additional information the section 508 of title 23, United States Code’’ without any comment or amendment from the Secretary, the Deputy Secretary of Department of Transportation expects to and inserting ‘‘or the 5-year transportation Transportation, the head of any modal ad- discover at the end of the period covered by research and development strategic plan ministration of the Department, or any the strategic plan as a result of the research under section 31203 of the Comprehensive other officer or employee of the Department and development in that topic area. Transportation and Consumer Protection or the Office of Management and Budget. (4) CONSIDERATIONS.—The Secretary shall Act of 2015’’. ‘‘(e) REPORT TO INSPECTOR GENERAL.—The SEC. 31204. RESEARCH OMBUDSMAN. ensure that the strategic plan developed Research Ombudsman shall submit any evi- under this section— (a) IN GENERAL.—Subtitle III is amended dence of misfeasance, malfeasance, waste, (A) reflects input from a wide range of by inserting after chapter 63 the following: fraud, or abuse uncovered during a review stakeholders; ‘‘CHAPTER 65—RESEARCH OMBUDSMAN under this section to the Inspector General (B) includes and integrates the research ‘‘Sec. for further review. and development programs of all the Depart- ‘‘6501. Research ombudsman. ‘‘(f) REMOVAL.—The Research Ombudsman ment of Transportation’s modal administra- shall be subject to adverse employment ac- tions, including aviation, transit, rail, and ‘‘§ 6501. Research ombudsman tion for misconduct or good cause in accord- maritime; and ‘‘(a) ESTABLISHMENT.—The Assistant Sec- ance with the procedures and grounds set (C) takes into account how research and retary for Research and Technology shall ap- forth in chapter 75 of title 5.’’. development by other Federal, State, private point a career Federal employee to serve as (b) TECHNICAL AND CONFORMING AMEND- sector, and nonprofit institutions— Research Ombudsman. This appointment MENT.—The table of chapters for subtitle III

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is amended by inserting after the item relat- Information Protection and Statistical Effi- ‘‘(2) EXCEPTION.—If the Secretary deter- ing to chapter 63 the following: ciency Act of 2002 (44 U.S.C. 3501 note).’’. mines that the activity is of substantial pub- ‘‘65. Research ombudsman ...... 6501’’. SEC. 31207. CONFORMING AMENDMENTS. lic interest or benefit, the Secretary may ap- SEC. 31205. SMART CITIES TRANSPORTATION (a) TITLE 49 AMENDMENTS.— prove a greater Federal share. PLANNING STUDY. (1) ASSISTANT SECRETARIES; GENERAL COUN- ‘‘(3) NON-FEDERAL SHARE.—All costs di- (a) IN GENERAL.—The Secretary shall con- SEL.—Section 102(e) is amended— rectly incurred by the non-Federal partners, duct a study of digital technologies and in- (A) in paragraph (1), by striking ‘‘5’’ and including personnel, travel, facility, and formation technologies, including shared inserting ‘‘6’’; and hardware development costs, shall be cred- mobility, data, transportation network com- (B) in paragraph (1)(A), by inserting ‘‘an ited toward the non-Federal share of the cost panies, and on-demand transportation serv- Assistant Secretary for Research and Tech- of an activity described in paragraph (1). ices— nology,’’ before ‘‘and an Assistant Sec- ‘‘(g) PROGRAM EVALUATION AND OVER- (1) to understand the degree to which cities retary’’. SIGHT.—For fiscal years 2016 through 2021, are adopting these technologies; (2) OFFICE OF THE ASSISTANT SECRETARY FOR the Secretary is authorized to expend not (2) to assess future planning, infrastruc- RESEARCH AND TECHNOLOGY OF THE DEPART- more than 1 and a half percent of the amounts authorized to be appropriated for ture and investment needs; and MENT OF TRANSPORTATION.—Section 112 is re- necessary expenses for administration and (3) to provide best practices to plan for pealed. operations of the Office of the Assistant Sec- smart cities in which information and tech- (3) TABLE OF CONTENTS.—The table of con- retary for Research and Technology for the nology are used— tents of chapter 1 is amended by striking the coordination, evaluation, and oversight of (A) to improve city operations; item relating to section 112. (4) RESEARCH CONTRACTS.—Section 330 is the programs administered under this sec- (B) to grow the local economy; tion. (C) to improve response in times of emer- amended— (A) in the section heading, by striking ‘‘(h) USE OF TECHNOLOGY.—The research, gencies and natural disasters; and ‘‘ ’’ and inserting ‘‘ ’’; development, or use of a technology under a (D) to improve the lives of city residents. contracts activities (B) in subsection (a), by inserting ‘‘IN GEN- contract, grant, cooperative research and de- (b) COMPONENTS.—The study conducted ERAL.—’’ before ‘‘The Secretary’’; velopment agreement, or other agreement under subsection (a) shall— (C) in subsection (b), by inserting ‘‘RESPON- entered into under this section, including (1) identify broad issues that influence the SIBILITIES.—’’ before ‘‘In carrying out’’; the terms under which the technology may ability of the United States to plan for and (D) in subsection (c), by inserting ‘‘PUBLI- be licensed and the resulting royalties may invest in smart cities, including barriers to CATIONS.—’’ before ‘‘The Secretary’’; and be distributed, shall be subject to the Ste- collaboration and access to scientific infor- (E) by adding at the end the following: venson-Wydler Technology Innovation Act of mation; and ‘‘(d) DUTIES.—The Secretary shall provide 1980 (15 U.S.C. 3701 et seq.). (2) review how the expanded use of digital for the following: ‘‘(i) WAIVER OF ADVERTISING REQUIRE- technologies, mobile devices, and informa- ‘‘(1) Coordination, facilitation, and review MENTS.—Section 6101 of title 41 shall not tion may— of the Department’s research and develop- apply to a contract, grant, or other agree- (A) enhance the efficiency and effective- ment programs and activities. ment entered into under this section.’’. ness of existing transportation networks; ‘‘(2) Advancement, and research and devel- (5) TABLE OF CONTENTS.—The item relating (B) optimize demand management services; opment, of innovative technologies, includ- to section 330 in the table of contents of (C) impact low-income and other disadvan- ing intelligent transportation systems. chapter 3 is amended by striking ‘‘Con- taged communities; ‘‘(3) Comprehensive transportation statis- tracts’’ and inserting ‘‘Activities’’. (D) assess opportunities to share, collect, tics research, analysis, and reporting. (6) BUREAU OF TRANSPORTATION STATIS- and use data; ‘‘(4) Education and training in transpor- TICS.—Section 6302(a) is amended to read as (E) change current planning and invest- tation and transportation-related fields. follows: ment strategies; and ‘‘(5) Activities of the Volpe National ‘‘(a) IN GENERAL.—There shall be within (F) provide opportunities for enhanced co- Transportation Systems Center. the Department the Bureau of Transpor- ordination and planning. ‘‘(e) ADDITIONAL AUTHORITIES.—The Sec- tation Statistics.’’. (c) REPORTING.—Not later than 18 months retary may— (b) TITLE 5 AMENDMENTS.— after the date of enactment of this Act, the ‘‘(1) enter into grants and cooperative (1) POSITIONS AT LEVEL II.—Section 5313 of Secretary shall publish the report containing agreements with Federal agencies, State and title 5, United States Code, is amended by the results of the study required under sub- local government agencies, other public enti- striking ‘‘Under Secretary of Transportation section (a) to a public website. ties, private organizations, and other per- for Security.’’. SEC. 31206. BUREAU OF TRANSPORTATION STA- sons— (2) POSITIONS AT LEVEL III.—Section 5314 of TISTICS INDEPENDENCE. ‘‘(A) to conduct research into transpor- title 5, United States Code, is amended by Section 6302 is amended by adding at the tation service and infrastructure assurance; striking ‘‘Administrator, Research and Inno- end the following: and vative Technology Administration.’’. ‘‘(d) INDEPENDENCE OF BUREAU.— ‘‘(B) to carry out other research activities (3) POSITIONS AT LEVEL IV.—Section 5315 of ‘‘(1) IN GENERAL.—The Director shall not be of the Department; title 5, United States Code, is amended by required— ‘‘(2) carry out, on a cost-shared basis, col- striking ‘‘(4)’’ in the undesignated item re- ‘‘(A) to obtain the approval of any other of- laborative research and development to en- lating to Assistant Secretaries of Transpor- ficer or employee of the Department with re- courage innovative solutions to multimodal tation and inserting ‘‘(5)’’. spect to the collection or analysis of any in- transportation problems and stimulate the (4) POSITIONS AT LEVEL V.—Section 5316 is formation; or deployment of new technology with— amended by striking ‘‘Associate Deputy Sec- ‘‘(B) prior to publication, to obtain the ap- ‘‘(A) non-Federal entities, including State retary, Department of Transportation.’’. proval of any other officer or employee of and local governments, foreign governments, SEC. 31208. REPEAL OF OBSOLETE OFFICE. the United States Government with respect institutions of higher education, corpora- (a) IN GENERAL.—Section 5503 is repealed. (b) TABLE OF CONTENTS.—The table of con- to the substance of any statistical technical tions, institutions, partnerships, sole propri- tents of chapter 55 is amended by striking reports or press releases lawfully prepared by etorships, and trade associations that are in- the item relating to section 5503. the Director. corporated or established under the laws of ‘‘(2) BUDGET AUTHORITY.—The Director any State; Subtitle C—Port Performance Act shall have a significant role in the disposi- ‘‘(B) Federal laboratories; and SEC. 31301. SHORT TITLE. tion and allocation of the Bureau’s author- ‘‘(C) other Federal agencies; and This subtitle may be cited as the ‘‘Port ized budget, including— ‘‘(3) directly initiate contracts, grants, co- Performance Act’’. ‘‘(A) all hiring, grants, cooperative agree- operative research and development agree- SEC. 31302. FINDINGS. ments, and contracts awarded by the Bureau ments (as defined in section 12 of the Steven- Congress finds the following: to carry out this section; and son-Wydler Technology Innovation Act of (1) America’s ports play a critical role in ‘‘(B) the disposition and allocation of 1980 (15 U.S.C. 3710a)), and other agreements the Nation’s transportation supply chain amounts paid to the Bureau for cost-reim- to fund, and accept funds from, the Trans- network. bursable projects. portation Research Board of the National (2) Reliable and efficient movement of ‘‘(3) EXCEPTIONS.—The Secretary shall di- Research Council of the National Academy goods through the Nation’s ports ensures rect external support functions, such as the of Sciences, State departments of transpor- that American goods are available to cus- coordination of activities involving multiple tation, cities, counties, institutions of high- tomers throughout the world. modal administrations. er education, associations, and the agents of (3) Breakdowns in the transportation sup- ‘‘(4) INFORMATION TECHNOLOGY.—The De- those entities to carry out joint transpor- ply chain network, particularly at the Na- partment Chief Information Officer shall tation research and technology efforts. tion’s ports, can result in tremendous eco- consult with the Director to ensure decisions ‘‘(f) FEDERAL SHARE.— nomic losses for agriculture, businesses, and related to information technology guarantee ‘‘(1) IN GENERAL.—Subject to paragraph (2), retailers that rely on timely shipments. the protection of the confidentiality of infor- the Federal share of the cost of an activity (4) A clear understanding of terminal and mation provided solely for statistical pur- carried out under subsection (e)(3) shall not port productivity and throughput should poses, in accordance with the Confidential exceed 50 percent. help—

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5973 (A) to identify freight bottlenecks; ‘‘(K) 1 representative from the maritime (B) whether alternative systems would (B) to indicate performance and trends shipping industry; identify high risk carriers or identify high over time; and ‘‘(L) 1 representative from a labor organi- risk drivers and motor carriers more accu- (C) to inform investment decisions. zation for each industry described in sub- rately; and SEC. 31303. PORT PERFORMANCE FREIGHT STA- paragraphs (I) through (K); (C) the recommendations and findings of TISTICS PROGRAM. ‘‘(M) 1 representative from a port author- the Comptroller General of the United States (a) IN GENERAL.—Chapter 63 is amended by ity; and the Inspector General, and independent adding at the end the following: ‘‘(N) 1 representative from a terminal oper- review team reports issued before the date of ‘‘§ 6314. Port performance freight statistics ator; the enactment of this Act. program ‘‘(O) representatives of the National (c) REPORT.—Not later than 18 months Freight Advisory Committee of the Depart- after the date of enactment of this Act, the ‘‘(a) IN GENERAL.—The Director shall es- tablish, on behalf of the Secretary, a port ment; and Administrator shall submit a report con- performance statistics program to provide ‘‘(P) representatives of the Transportation taining the results of the completed study nationally consistent measures of perform- Research Board of the National Academies. to— ance of, at a minimum— ‘‘(3) RECOMMENDATIONS.—Not later than 1 (1) the Committee on Commerce, Science, ‘‘(1) the Nation’s top 25 ports by tonnage; year after the date of the enactment of the and Transportation of the Senate; ‘‘(2) the Nation’s top 25 ports by 20-foot Port Performance Act, the working group (2) the Committee on Transportation and equivalent unit; and commissioned under this subsection shall Infrastructure of the House of Representa- ‘‘(3) the Nation’s top 25 ports by dry bulk. submit its recommendations to the Director. tives; ‘‘(d) ACCESS TO DATA.—The Director shall ‘‘(b) ANNUAL REPORTS.— (3) the Inspector General of the Depart- ensure that the statistics compiled under ‘‘(1) PORT CAPACITY AND THROUGHPUT.—Not ment of Transportation; and later than January 15 of each year, the Di- this section are readily accessible to the pub- (4) the Comptroller General of the United rector shall submit an annual report to Con- lic, consistent with applicable security con- States. gress that includes statistics on capacity and straints and confidentiality interests.’’. (d) CORRECTIVE ACTION PLAN.— (b) PROHIBITION ON CERTAIN DISCLOSURES.— throughput at the ports described in sub- (1) IN GENERAL.—Not later than 120 days Section 6307(b)(1) is amended by inserting section (a). after the Administrator submits a report ‘‘or section 6314(b)’’ after ‘‘section ‘‘(2) PORT PERFORMANCE MEASURES.—The under subsection (c) that identifies a defi- 6302(b)(3)(B)’’ each place it appears. Director shall collect monthly port perform- ciency or opportunity for improvement in (c) COPIES OF REPORTS.—Section ance measures for each of the United States the CSA program or in any element of SMS, 6307(b)(2)(A) is amended by inserting ‘‘or sec- the Administrator shall submit a corrective ports referred to in subsection (a) that re- tion 6314(b)’’ after ‘‘section 6302(b)(3)(B)’’. ceives Federal assistance or is subject to action plan to the Committee on Commerce, (d) TECHNICAL AND CONFORMING AMEND- Science, and Transportation of the Senate Federal regulation to submit an annual re- MENT.—The table of contents for chapter 63 port to the Bureau of Transportation Statis- and the Committee on Transportation and is amended by adding at the end the fol- Infrastructure of the House of Representa- tics that includes monthly statistics on ca- lowing: pacity and throughput as applicable to the tives that— ‘‘6314. Port performance freight statistics specific configuration of the port. (A) responds to the concerns highlighted program.’’. ‘‘(A) MONTHLY MEASURES.—The Director by the report; shall collect monthly measures, including— TITLE XXXII—COMMERCIAL MOTOR (B) identifies how the Federal Motor Car- ‘‘(i) the average number of lifts per hour of VEHICLE AND DRIVER PROGRAMS rier Safety Administration will address such containers by crane; Subtitle A—Compliance, Safety, and concerns; and ‘‘(ii) the average vessel turn time by vessel Accountability Reform (C) provides an estimate of the cost, in- type; SEC. 32001. CORRELATION STUDY. cluding changes in staffing, enforcement, ‘‘(iii) the average cargo or container dwell (a) IN GENERAL.—The Administrator of the and data collection necessary to implement time; Federal Motor Carrier Safety Administra- the recommendations. ‘‘(iv) the average truck time at ports; tion (referred to in this subtitle as the ‘‘Ad- (2) PROGRAM REFORMS.—The corrective ac- ‘‘(v) the average rail time at ports; and ministrator’’) shall commission the National tion plan submitted under paragraph (1) ‘‘(vi) any additional metrics, as determined Research Council of the National Academies shall include an implementation plan that— by the Director after receiving recommenda- to conduct a study of— (A) includes benchmarks; tions from the working group established (1) the Safety Measurement System (re- (B) includes programmatic reforms, revi- under subsection (c). ferred to in this subtitle as ‘‘SMS’’); and sions to regulations, or proposals for legisla- ‘‘(B) MODIFICATIONS.—The Director may (2) the Compliance, Safety, Accountability tion; and consider a modification to a metric under program (referred to in this subtitle as the (C) shall be considered in any rulemaking subparagraph (A) if the modification meets ‘‘CSA program’’). by the Department of Transportation that the intent of the section. (b) SCOPE OF STUDY.—In carrying out the relates to the CSA program, including the ‘‘(c) RECOMMENDATIONS.— study commissioned pursuant to subsection SMS data sets or analysis. ‘‘(1) IN GENERAL.—The Director shall ob- (a), the National Research Council— (e) INSPECTOR GENERAL REVIEW.—Not later tain recommendations for— (1) shall analyze— than 120 days after the Administrator issues ‘‘(A) specifications and data measurements (A) the accuracy with which the Behavior a corrective action plan under subsection (d), for the port performance measures listed in Analysis and Safety Improvement Categories the Inspector General of the Department of subsection (b)(2); (referred to in this subtitle as ‘‘BASIC’’) Transportation shall— ‘‘(B) additionally needed data elements for safety measures used by SMS— (1) review the extent to which such plan measuring port performance; and (i) identify high risk drivers and carriers; implements— ‘‘(C) a process for the Department of and (A) recommendations contained in the re- Transportation to collect timely and con- (ii) predict or be correlated with future port submitted under subsection (c); and sistent data, including identifying safe- crash risk, crash severity, or other safety in- (B) recommendations issued by the Comp- guards to protect proprietary information dicators for individual drivers, motor car- troller General or the Inspector General be- described in subsection (b)(2). riers, and the highest risk carriers; fore the date of enactment of this Act; and ‘‘(2) WORKING GROUP.—Not later than 60 (B) the methodology used to calculate (2) submit a report to the Committee on days after the date of the enactment of the BASIC percentiles and identify carriers for Commerce, Science, and Transportation of Port Performance Act, the Director shall enforcement, including the weights assigned the Senate and the Committee on Transpor- commission a working group composed of— to particular violations, and the tie between tation and Infrastructure of the House of ‘‘(A) operating administrations of the De- crash risk and specific regulatory violations, Representatives on the responsiveness of the partment of Transportation; in order to accurately identify and predict corrective action plan to the recommenda- ‘‘(B) the Coast Guard; future crash risk for motor carriers; tions described in paragraph (1). ‘‘(C) the Federal Maritime Commission; (C) the relative value of inspection infor- (f) FISCAL LIMITATION.—The Administrator ‘‘(D) U.S. Customs and Border Protection; mation and roadside enforcement data; shall carry out the study required under this ‘‘(E) the Marine Transportation System (D) any data collection gaps or data suffi- section using amounts appropriated to the National Advisory Council; ciency problems that may exist and the im- Federal Motor Carrier Safety Administra- ‘‘(F) the Army Corps of Engineers; pact of those data gaps and insufficiencies on tion and available for obligation and expend- ‘‘(G) the Saint Lawrence Seaway Develop- the efficacy of the CSA program; and iture as of the date of the enactment of this ment Corporation; (E) the accuracy of data processing; and Act. ‘‘(H) the Advisory Committee on Supply (2) should consider— SEC. 32002. SAFETY IMPROVEMENT METRICS. Chain Competitiveness; (A) whether the current SMS provides (a) IN GENERAL.—The Administrator shall ‘‘(I) 1 representative from the rail indus- comparable precision and confidence for incorporate a methodology into the CSA pro- try; SMS alerts and percentiles for the relative gram or establish a third-party process to ‘‘(J) 1 representative from the trucking in- crash risk of individual large and small allow recognition, including credit, improved dustry; motor carriers; score, or by establishing a safety BASIC in

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5974 CONGRESSIONAL RECORD — SENATE July 27, 2015 SMS for safety technology, tools, programs, hanced driver fitness measure, tool, pro- ify the demonstration program based on such and systems approved by the Administrator gram, or system; results. through the qualification process developed (6) verifying the deployment and use of (i) USE OF ESTIMATES OF SAFETY EF- under subsection (b) that exceed regulatory qualifying equipment or management sys- FECTS.—In conducting regulatory impact requirements or are used to enhance safety tems by a motor carrier through a certifi- analyses for rulemakings relating to the performance, including— cation from the vehicle manufacturer, the technology, advanced safety equipment, en- (1) the installation of qualifying advanced system or service provider, the insurance hanced driver fitness measures, tools, pro- safety equipment, such as— carrier, or through documents submitted by grams, or systems selected for credit under (A) collision mitigation systems; the motor carrier to the Department of the CSA program, the Administrator, to the (B) lane departure warnings; Transportation; extent practicable, shall use the data gath- (C) speed limiters; (7) annually reviewing the list of quali- ered under this section and appropriate sta- (D) electronic logging devices; fying safety technology, advanced safety tistical methodology, including sufficient (E) electronic stability control; equipment, enhanced driver fitness meas- sample sizes, composition, and appropriate (F) critical event recorders; and ures, tools, programs, or systems; and comparison groups, including representative (G) strengthening rear guards and (8) removing systems mandated by law or motor carriers of all sizes, to estimate the sideguards for underride protection; regulation, or if such systems demonstrate a effects on safety performance and reduction (2) the use of enhanced driver fitness meas- lack of efficacy, from the list of qualifying in the number and severity of accidents with ures that exceed current regulatory require- technologies, advanced safety equipment, en- qualifying technology, advanced safety ments, such as— hanced driver fitness measures, tools, pro- equipment, tools, programs, and systems. (A) additional new driver training; grams, or systems eligible for credit under (j) SAVINGS PROVISION.—Nothing in this (B) enhanced and ongoing driver training; the CSA program. section may be construed to provide the Ad- and (e) DISSEMINATION OF INFORMATION.—The ministrator with additional authority to (C) remedial driver training to address spe- Administrator shall maintain a public change the requirements for the operation of cific deficiencies as identified in roadside in- website that contains information regard- a commercial motor vehicle. spection or enforcement reports; ing— SEC. 32003. DATA CERTIFICATION. (3) the adoption of qualifying administra- (1) the technology, advanced safety equip- (a) LIMITATION.—Beginning not later than 1 tive fleet safety management tools tech- ment, enhanced driver fitness measures, day after the date of enactment of this Act, nologies, driver performance and behavior tools, programs, or systems eligible for cred- none of the analysis of violation informa- management technologies, and programs; it and improved scores; tion, enforcement prioritization, not-at-fault and (2) any petitions for study of the tech- crashes, alerts, or the relative percentile for (4) technologies and measures identified nology, advanced safety equipment, en- each Behavioral Analysis and Safety Im- through the process described in subsection hanced driver fitness measures, tools, pro- provement Category developed through the (c). grams, or systems; and CSA program may be made available to the (b) QUALIFICATION.—The Administrator, (3) statistics and information relating to general public, but violation and inspection through a notice and comment process, shall the use of such technology, advanced safety information submitted by the States may be develop technical or other performance equipment, enhanced driver fitness meas- presented, until the Inspector General of the standards for technology, advanced safety ures, tools, programs, or systems. Department of Transportation certifies equipment, enhanced driver fitness meas- (f) PUBLIC REPORT.—Not later than 1 year that— ures, tools, programs, or systems used by after the establishment of the Safety Im- (1) any deficiencies identified in the cor- motor carriers that will qualify for credit provement Metrics System (referred to in relation study required under section 32001 under this section. this section as ‘‘SIMS’’) under this section, have been addressed; (c) ADDITIONAL REQUIREMENTS.—In modi- and annually thereafter, the Administrator (2) the corrective action plan has been im- fying the CSA program under subsection (a), shall publish, on a public website, a report plemented and the concerns raised by the the Administrator, through notice and com- that identifies— correlation study under section 32001 have ment, shall develop a process for identifying (1) the types of technology, advanced safe- been addressed; and reviewing other technology, advanced ty equipment, enhanced driver fitness meas- (3) the Administrator has fully imple- safety equipment, enhanced driver fitness ures, tools, programs, or systems that are el- mented or satisfactorily addressed the issues measures, tools, programs, or systems used igible for credit; raised in the February 2014 GAO report enti- by motor carriers to improve safety perform- (2) the number of instances in which each tled ‘‘Modifying the Compliance, Safety, Ac- ance that— technology, advanced safety equipment, en- countability Program Would Improve the (1) provides for a petition for reviewing hanced driver fitness measure, tool, pro- Ability to Identify High Risk Carriers’’ technology, advanced safety equipment, en- gram, or system is used; (GAO–14–114), which called into question the hanced driver fitness measures, tools, pro- (3) the number of motor carriers, and a de- accuracy and completeness of safety per- grams, or systems; scription of the carrier’s fleet size, that re- formance calculations; (2) seeks input and participation from in- ceived recognition or credit under the modi- (4) the study required under section 32001 dustry stakeholders, including drivers, tech- fied CSA program; and has been published on a public website; and nology manufacturers, vehicle manufactur- (4) the pre- and post-adoption safety per- (5) the CSA program has been modified in ers, motor carriers, enforcement commu- formance of the motor carriers described in accordance with section 32002. nities, and safety advocates, and the Motor paragraph (3). (b) LIMITATION ON USE OF CSA ANALYSIS.— Carrier Safety Advisory Committee; and (g) IMPLEMENTATION AND OVERSIGHT RE- The enforcement prioritization, alerts, or (3) includes technology, advanced safety SPONSIBILITY.—The Administrator shall en- the relative percentile for each Behavioral equipment, enhanced driver fitness meas- sure that the activities described in sub- Analysis and Safety Improvement Category ures, tools, programs, or systems with a date sections (a) through (f) of this section are developed through the CSA program within certain for future statutory or regulatory not required under section 31102 of title 49, the SMS system may not be used for safety implementation. United States Code, as amended by this Act. fitness determinations until the require- (d) SAFETY IMPROVEMENT METRICS USE AND (h) EVALUATION.— ments under subsection (a) have been satis- VERIFICATION.—The Administrator, through (1) IN GENERAL.—Not later than 2 years fied. notice and comment process, shall develop a after the implementation of SIMS under this (c) CONTINUED PUBLIC AVAILABILITY OF process for— section, the Administrator shall conduct an DATA.—Inspection and violation information (1) providing recognition or credit within a evaluation of the effectiveness of SIMS by submitted to the Federal Motor Carrier Safe- motor carrier’s SMS score for the installa- reviewing the impacts of SIMS on— ty Administration by commercial motor ve- tion and use of measures in paragraphs (1) (A) law enforcement, commercial drivers hicle inspectors and qualified law enforce- through (4) of subsection (a); and motor carriers, and motor carrier safety; ment officials shall remain available for pub- (2) ensuring that the safety improvement and lic viewing. metrics developed under this section are pre- (B) safety and adoption of new tech- (d) EXCEPTIONS.— sented with other SMS data; nologies. (1) IN GENERAL.—Notwithstanding the limi- (3) verifying the installation or use of such (2) REPORT.—Not later than 30 months tations set forth in subsections (a) and (b)— technology, advanced safety equipment, en- after the implementation of the program, (A) the Federal Motor Carrier Safety Ad- hanced driver fitness measures, tools, pro- the Administrator shall submit a report to ministration and State and local commercial grams, or systems; the Committee on Commerce, Science, and motor vehicle enforcement agencies may (4) modifying or removing recognition or Transportation of the Senate and the Com- only use the information referred to in sub- credit upon verification of noncompliance mittee on Transportation and Infrastructure section (a) for purposes of investigation and with this section; of the House of Representatives that de- enforcement prioritization; (5) ensuring that the credits or recognition scribes— (B) motor carriers and commercial motor referred to in paragraph (1) reflect the safety (A) the results of the evaluation conducted vehicle drivers may access information re- improvement anticipated as a result of the under paragraph (1); and ferred to in subsection (a) that relates di- installation or use of the specific tech- (B) the actions the Federal Motor Carrier rectly to the motor carrier or driver, respec- nology, advanced safety equipment, en- Safety Administration plans to take to mod- tively; and

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(C) the data analysis of motorcoach opera- and any related court actions submitted by (c) CONSIDERATIONS.—The working group tors may be provided online, with a notation each party involved in the accident. shall consider requiring additional data ele- indicating that the ratings or alerts listed (c) SOLICITATION OF OTHER INFORMATION.— ments, including— are not intended to imply any Federal safety Following a notice and comment period, the (1) the primary cause of the accident, if the rating of the carrier. Administrator may solicit other types of in- primary cause can be determined; (2) NOTATION.—The notation described formation to be collected under subsection (2) the physical characteristics of the com- under paragraph (1)(C) shall include: ‘‘Read- (b) to facilitate appropriate reviews under mercial motor vehicle and any other vehicle ers should not draw conclusions about a car- this section. involved in the accident, including— rier’s overall safety condition simply based (d) EVALUATION.—The Federal Motor Car- (A) the vehicle configuration; on the data displayed in this system. Unless rier Safety Administration shall review the (B) the gross vehicle weight if the weight a motor carrier has received an UNSATIS- information submitted under subsections (b) can be readily determined; FACTORY safety rating under part 385 of and (c). (C) the number of axles; and title 49, Code of Federal Regulations, or has (e) RESULTS.—Subject to subsection (h)(2), (D) the distance between axles, if the dis- otherwise been ordered to discontinue oper- the results of the review under subsection tance can be readily determined; and ations by the Federal Motor Carrier Safety (a)— (3) any data elements that could con- Administration, it is authorized to operate (1) shall be used to recalculate the motor tribute to the appropriate consideration of on the Nation’s roadways.’’. carrier’s crash BASIC percentile; requests under section 32005. (2) if the carrier is determined not to be re- (3) LIMITATION.—Nothing in subparagraphs (d) REPORT.—Not later than 1 year after (A) and (B) of paragraph (1) may be con- sponsible for the crash incident, such infor- the date of enactment of this Act, the Sec- strued to restrict the official use by State mation, shall be reflected on the website of retary shall— enforcement agencies of the data collected the Federal Motor Carrier Safety Adminis- (1) review the findings of the working by State enforcement personnel. tration; and group; (3) shall not be admitted as evidence or (e) CERTIFICATION.—The certification proc- (2) identify the best practices for State ess described in subsection (a) shall occur otherwise used in a civil action. post-accident reports that are reported to (f) FEE SYSTEM.— concurrently with the implementation of the Federal Government, including identi- (1) ESTABLISHMENT.—The Administrator SIMS under section 32002. fying the data elements that should be col- may establish a fee system, in accordance (f) COMPLETION.—The Secretary shall mod- lected following a tow-away commercial with section 9701 of title 31, United States ify the CSA program in accordance with sec- motor vehicle accident; and Code, in which a motor carrier is charged a tion 32002 not later than 1 year after the date (3) recommend to the States the adoption fee for each review of a crash requested by of completion of the report described in sec- of new data elements to be collected fol- such motor carrier under this section. tion 32001(c). lowing reportable commercial motor vehicle (2) DISPOSITION OF FEES.—Fees collected accidents. SEC. 32004. DATA IMPROVEMENT. under this section— (a) FUNCTIONAL SPECIFICATIONS.—Not later SEC. 32007. RECOGNIZING EXCELLENCE IN SAFE- (A) may be credited to the Department of TY. than 180 days after the date of enactment of Transportation appropriations account for this Act, the Administrator shall develop (a) IN GENERAL.—The Administrator shall purpose of carrying out this section; and establish a program to publicly recognize functional specifications to ensure the con- (B) shall be used to fully fund the oper- sistent and accurate input of data into sys- motor carriers and drivers whose safety ation of the review program authorized records and programs exceed compliance tems and databases relating to the CSA pro- under this section. gram. with the Federal Motor Carrier Safety Ad- (g) REVIEW AND REPORT.—Not earlier than ministration’s safety regulations and dem- (b) FUNCTIONALITY.—The specifications de- 2 years after the establishment of the dem- onstrate clear and outstanding safety prac- veloped pursuant to subsection (a)— onstration program under this section, the (1) shall provide for the hardcoding and tices. Administrator shall— (b) RESTRICTION.—The program established smart logic functionality for roadside in- (1) conduct a review of the internal crash under subsection (a) may not be deemed to spection data collection systems and data- review program to determine if other crash be an endorsement of, or a preference for, bases; and types should be included; and motor carriers or drivers recognized under (2) shall be made available to public and (2) submit a report to Congress that de- the program. private sector developers. scribes— SEC. 32008. HIGH RISK CARRIER REVIEWS. (c) EFFECTIVE DATA MANAGEMENT.—The (A) the number of crashes reviewed; (a) IN GENERAL.—After the completion of Administrator shall ensure that internal sys- (B) the number of crashes for which the the certification under section 32003 of this tems and databases accept and effectively commercial motor vehicle operator was de- Act, and the establishment of the Safety Fit- manage data using uniform standards. termined not to be at fault; and ness Determination program, the Secretary (d) CONSULTATION WITH THE STATES.—Be- (C) relevant information relating to the shall ensure that a review is completed on fore implementing the functional specifica- program, including the cost to operate the each motor carrier that demonstrates tions described in subsection (a) or the program and the fee structure established. through performance data that it poses the standards described in subsection (c), the Ad- (h) IMPLEMENTATION AND OVERSIGHT RE- highest safety risk. At a minimum, a review ministrator shall seek input from the State SPONSIBILITY.— shall be conducted whenever a motor carrier agencies responsible for enforcing section (1) IN GENERAL.—The Administrator shall is among the highest risk carriers for 4 con- 31102 of title 49, United States Code. ensure that the activities described in sub- secutive months. SEC. 32005. ACCIDENT REPORT INFORMATION. sections (a) through (d) of this section are (b) REPORT.—Not later than 180 days after (a) REVIEW.—The Administrator shall ini- not required under section 31102 of title 49, the completion of the certification under tiate a demonstration program that allows United States Code, as amended by this Act. section 32003 of this Act and the establish- motor carriers and drivers to request a re- (2) REVIEWS INVOLVING FATALITIES.—If a re- ment of the Safety Fitness Determination view of crashes, and the removal of crash view under subsection (a) involves a fatality, program, the Secretary shall post on a public data for use in the Federal Motor Carrier the Inspector General of the Department of website a report on the actions the Secretary Safety Administration’s safety measurement Transportation shall audit and certify the has taken to comply with this section, in- system of crashes, and removal from any review prior to making any changes under cluding the number of high risk carriers weighting, or carrier safety analysis, if the subsection (e). identified and the high risk carriers re- commercial motor vehicle was operated le- SEC. 32006. POST-ACCIDENT REPORT REVIEW. viewed. gally and another motorist in connection (a) IN GENERAL.—Not later than 120 days (c) CONFORMING AMENDMENT.—Section 4138 with the crash is found— after the date of enactment of this Act, the of the Safe, Accountable, Flexible, Efficient (1) to have been driving under the influ- Secretary shall convene a working group— Transportation Equity Act: A Legacy for ence; (1) to review the data elements of post-ac- Users (49 U.S.C. 31144 note) is repealed. (2) to have been driving the wrong direc- cident reports, for tow-away accidents in- Subtitle B—Transparency and Accountability tion on a roadway; volving commercial motor vehicles, that are SEC. 32201. PETITIONS FOR REGULATORY RE- (3) to have struck the commercial motor reported to the Federal Government; and LIEF. vehicle in the rear; (2) to report to the Secretary its findings (a) APPLICATIONS FOR REGULATORY RE- (4) to have struck the commercial motor and any recommendations, including best LIEF.—Notwithstanding subpart C of part 381 vehicle which was legally stopped; practices for State post-accident reports to of title 49, Code of Federal Regulations, the (5) by the investigating officer or agency to achieve the data elements described in sub- Secretary shall allow an applicant rep- have been responsible for the crash; or section (c). resenting a class or group of motor carriers (6) to have committed other violations de- (b) COMPOSITION.—Not less than 51 percent to apply for a specific exemption from any termined by the Administrator. of the working group should be composed of provision of the regulations under part 395 of (b) DOCUMENTS.—As part of a request for individuals representing the States or State title 49, Code of Federal Regulations, for review under subsection (a), the motor car- law enforcement officials. The remaining commercial motor vehicle drivers. rier or driver shall submit a copy of avail- members of the working group shall rep- (b) REVIEW PROCESS.— able police reports, crash investigations, ju- resent industry, labor, safety advocates, and (1) IN GENERAL.—The Secretary shall estab- dicial actions, insurance claim information, other interested parties. lish the procedures for the application for

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5976 CONGRESSIONAL RECORD — SENATE July 27, 2015 and the review of an exemption under sub- (F) Transport of commercial bee hives as the efficacy of the systems and programs de- section (a). published in the Federal Register Volume 80 scribed in paragraph (1). (2) PUBLICATION.—Not later than 30 days on June 19, 2018. (80 Fed. Reg. 35425). Subtitle C—Trucking Rules Updated by after the date of receipt of an application for (G) Specialized carriers and drivers respon- Comprehensive and Key Safety Reform an exemption, the Secretary shall publish sible for transporting loads requiring special SEC. 32301. UPDATE ON STATUTORY REQUIRE- the application in the Federal Register and permits as published in the Federal Register MENTS. provide the public with an opportunity to Volume 80 on June 18, 2015 (80 Fed. Reg. (a) IN GENERAL.—Not later than 90 days comment. 34957). after the date of enactment of this Act, and (3) PUBLIC COMMENT.— (H) Safe transport of livestock as published every 90 days thereafter until a final rule has (A) IN GENERAL.—Each application shall be in the Federal Register Volume 80 on June been issued for each of the requirements de- available for public comment for a 30-day pe- 12, 2015 (80 Fed. Reg. 33584). scribed under paragraphs (1) through (5), the riod, but the Secretary may extend the op- (2) ADDITIONAL EXEMPTIONS.—The Sec- Administrator of the Federal Motor Carrier portunity for public comment for up to 60 retary may make any temporary exemption Safety Administration shall submit to the days if it is a significant or complex request. from any provision of the regulations under Committee on Commerce, Science, and (B) REVIEW.—Beginning on the date that part 395 of title 49, Code of Federal Regula- Transportation of the Senate and the Com- the public comment period under subpara- tions, for commercial motor vehicle drivers mittee on Transportation and Infrastructure graph (A) ends, the Secretary shall have 60 that is in effect on the date of enactment of of the House of Representatives a report on days to review all of the comments received. this Act permanent if the Secretary deter- the status of a final rule for— (4) DETERMINATION.—At the end of the 60- mines that the permanent exemption will (1) the minimum entry-level training re- day period under paragraph (3)(B), the Sec- not degrade safety. The Secretary shall pro- quirements for an individual operating a retary shall publish a determination in the vide public notice and comment on a list of commercial motor vehicle under section Federal Register, including— the additional temporary exemptions to be 31305(c) of title 49, United States Code; (A) the reason for granting or denying the made permanent under this paragraph. (2) motor carrier safety fitness determina- application; and (3) REVOCATION OF EXEMPTIONS.—The Sec- tions; (B) if the application is granted— retary may revoke an exemption issued (3) visibility of agricultural equipment (i) the specific class of persons eligible for under this section if the Secretary can dem- under section 31601 of division C of the Mov- the exemption; onstrate that the exemption has had a nega- ing Ahead for Progress in the 21st Century (ii) each provision of the regulations to tive impact on safety. Act (49 U.S.C. 30111 note); which the exemption applies; and SEC. 32202. INSPECTOR STANDARDS. (4) regulations to require commercial (iii) any conditions or limitations applied Not later than 90 days after the date of en- motor vehicles in interstate commerce and to the exemption. actment of this Act, the Administrator of operated by a driver subject to the hours of (5) CONSIDERATIONS.—In making a deter- the Federal Motor Carrier Safety Adminis- service and record of duty status require- mination whether to grant or deny an appli- tration shall revise the regulations under ments under part 395 of title 49, Code of Fed- cation for an exemption, the Secretary shall part 385 of title 49, Code of Federal Regula- eral Regulations, be equipped with an elec- consider the safety impacts of the request tions, as necessary, to incorporate by ref- tronic control module capable of limiting and may provide appropriate conditions or erence the certification standards for road- the maximum speed of the vehicle; and limitations on the use of the exemption. side inspectors issued by the Commercial Ve- (5) any outstanding commercial motor ve- (c) OPPORTUNITY FOR RESUBMISSION.—If an hicle Safety Alliance. hicle safety regulation required by law and application is denied and the applicant can SEC. 32203. TECHNOLOGY IMPROVEMENTS. incomplete for more than 2 years. reasonably address the reason for the denial, (a) IN GENERAL.—Not later than 1 year (b) CONTENTS.—Each report under sub- the Secretary may allow the applicant to re- after the date of enactment of this Act, the section (a) shall include a description of the submit the application. Government Accountability Office shall con- work plan, an updated rulemaking timeline, (d) PERIOD OF APPLICABILITY.— duct a comprehensive analysis on the Fed- current staff allocations, any resource con- (1) IN GENERAL.—Except as provided in eral Motor Carrier Safety Administration’s straints, and any other details associated paragraph (2) of this subsection and sub- information technology and data collection with the development of the rulemaking. section (f), each exemption granted under and management systems. SEC. 32302. STATUTORY RULEMAKING. this section shall be valid for a period of 5 (b) REQUIREMENTS.—The study conducted The Administrator of the Federal Motor years unless the Secretary identifies a com- under subsection (a) shall— Carrier Safety Administration shall pelling reason for a shorter exemption pe- (1) evaluate the efficacy of the existing in- prioritize the use of Federal Motor Carrier riod. formation technology, data collection, proc- Safety Administration resources for the (2) RENEWAL.—At the end of the 5-year pe- essing systems, and data management sys- completion of each outstanding statutory re- riod under paragraph (1)— tems and programs, including their inter- quirement for a rulemaking before beginning (A) the Secretary, at the Secretary’s dis- action with each other and their efficacy in any new rulemaking unless the Secretary cretion, may renew the exemption for an ad- meeting user needs; certifies to Congress that there is a signifi- ditional 5-year period; or (2) identify any redundancies among the cant need to move forward with a new rule- (B) an applicant may apply under sub- systems and programs described in para- making. section (a) for a permanent exemption from graph (1); SEC. 32303. GUIDANCE REFORM. each applicable provision of the regulations. (3) explore the feasibility of consolidating (a) GUIDANCE.— (e) LIMITATION.—No exemption under this data collection and processing systems; (1) POINT OF CONTACT.—Each guidance doc- section may be granted to or used by any (4) evaluate the ability of the systems and ument, other than a regulatory action, motor carrier that has an unsatisfactory or programs described in paragraph (1) to meet issued by the Federal Motor Carrier Safety conditional safety fitness determination. the needs of— Administration shall have a date of publica- (f) PERMANENT EXEMPTIONS.— (A) the Federal Motor Carrier Safety Ad- tion or a date of revision, as applicable, and (1) IN GENERAL.—The Secretary shall make ministration, at both the headquarters and the name and contact information of a point permanent the following limited exceptions: State level; of contact at the Federal Motor Carrier Safe- (A) Department of Defense Military Sur- (B) the State agencies that implement the ty Administration who can respond to ques- face Deployment and Distribution Command Motor Carrier Safety Assistance Program tions regarding the general applicability of transport of weapons, munitions, and sen- under section 31102 of title 49, United States the guidance. sitive classified cargo as published in the Code; and (2) PUBLIC ACCESSIBILITY.— Federal Register Volume 80 on April 16, 2015 (C) other users; (A) IN GENERAL.—Each guidance document (80 Fed. Reg. 20556). (5) evaluate the adaptability of the sys- and interpretation issued by the Federal (B) Department of Energy transport of se- tems and programs described in paragraph Motor Carrier Safety Administration shall curity-sensitive radioactive materials as (1), in order to make necessary future be published on the Department of Transpor- published in the Federal Register Volume 80 changes to ensure user needs are met in an tation’s public website on the date of on June 22, 2015 (80 Fed. Reg. 35703). easier, timely, and more cost efficient man- issuance. (C) Motor carriers that transport haz- ner; (B) REDACTION.—The Administrator of the ardous materials shipments requiring secu- (6) investigate and make recommendations Federal Motor Carrier Safety Administra- rity plans under regulations of the Pipeline regarding— tion may redact from a guidance document and Hazardous Materials Safety Administra- (A) deficiencies in existing data sets im- or interpretation under subparagraph (A) tion as published in the Federal Register pacting program effectiveness; and any information that would reveal investiga- Volume 80 on May 1, 2015 (80 Fed. Reg. 25004). (B) methods to improve any and all user tive techniques that would compromise Fed- (D) Perishable construction products as interfaces; and eral Motor Carrier Safety Administration published in the Federal Register Volume 80 (7) evaluate the appropriate role the Fed- enforcement efforts. on April 2, 2015 (80 Fed. Reg. 17819). eral Motor Carrier Safety Administration (3) RULEMAKING.—Not later than 5 years (E) Passenger vehicle record of duty status should take with respect to software and in- after the date that a guidance document is change as published in the Federal Register formation systems design, development, and published under paragraph (2) or during the Volume 80 on June 4, 2015 (80 Fed. Reg. 31961). maintenance for the purpose of improving comprehensive review under subsection (c),

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whichever is earlier, the Secretary, in con- the Department of Transportation’s public (2) MEMBERS.—The working group shall in- sultation with the Administrator, shall re- website an inventory of the petitions de- clude representatives from— vise the applicable regulations to incor- scribed in paragraph (1), including any appli- (A) State highway transportation depart- porate the guidance document to the extent cable disposition information for that peti- ments or agencies; practicable. tion. (B) relevant modal agencies within the De- (4) REISSUANCE.—If a guidance document is (b) DEFINITION OF PETITION.—In this sec- partment of Transportation; not incorporated into the applicable regula- tion, the term ‘‘petition’’ means a request (C) emergency response or recovery ex- tions under paragraph (3), the Secretary for new regulations, regulatory interpreta- perts; shall— tions or clarifications, or retrospective re- (D) relevant safety groups; and (A) reissue an updated guidance document; view of regulations to eliminate or modify (E) persons affected by special permit re- and obsolete, ineffective, or overly-burdensome strictions during emergency response and re- (B) review and reissue an updated guidance rules. covery efforts. document every 5 years during the com- SEC. 32305. REGULATORY REFORM. (b) CONSIDERATIONS.—In determining best prehensive review process under subsection (a) REGULATORY IMPACT ANALYSIS.— practices under subsection (a), the working (c) until the date that the guidance docu- (1) IN GENERAL.—Within each regulatory group shall consider whether— ment is removed or incorporated into the ap- impact analysis of a proposed or final rule (1) hurdles currently exist that prevent the plicable regulations under paragraph (3) of issued by the Federal Motor Carrier Safety expeditious State approval for special per- this subsection. Administration, the Secretary shall when- mits for vehicles involved in emergency re- (b) UPDATE.—Not later than 1 year after ever practicable— sponse and recovery; the date of enactment of this Act, the Sec- (A) consider effects of the proposed or final (2) it is possible to pre-identify and estab- retary shall review regulations, guidance, rule on a carrier with differing characteris- lish emergency routes between States and enforcement policies published on the tics; and through which infrastructure repair mate- Department of Transportation’s public (B) formulate estimates and findings on rials could be delivered following a natural website to ensure the regulations, guidance, the best available science. disaster or an emergency; and enforcement policies are current, readily (2) SCOPE.—To the extent feasible and ap- (3) a State could pre-designate an emer- accessible to the public, and meet the stand- propriate, and consistent with law, the anal- gency route identified under paragraph (1) as ards under subsection (c)(1). ysis described in paragraph (1) shall— a certified emergency route if a motor vehi- (c) REVIEW.— (A) use data generated from a representa- cle that exceeds the otherwise applicable (1) IN GENERAL.—Subject to paragraph (2), tive sample of commercial vehicle operators, Federal and State truck length or width lim- not less than once every 5 years, the Admin- motor carriers, or both, that will be covered its may safely operate along such route dur- istrator of the Federal Motor Carrier Safety under the proposed or final rule; and ing period of emergency recovery; and Administration shall conduct a comprehen- (B) consider effects on commercial truck (4) an online map could be created to iden- sive review of its guidance and enforcement and bus carriers of various sizes and types. tify each pre-designated emergency route policies to determine whether— (b) PUBLIC PARTICIPATION.— under paragraph (2), including information (A) the guidance and enforcement policies (1) IN GENERAL.—Before promulgating a on specific limitations, obligations, and noti- are consistent and clear; proposed rule under part B of subtitle VI of fication requirements along that route. (B) the guidance is uniformly and consist- title 49, United States Code, if the proposed (c) REPORT.—Not later than 1 year after ently enforceable; and rule is likely to lead to the promulgation of the date of enactment of this Act, the work- (C) the guidance is still necessary. a major rule the Secretary shall— ing group shall submit to the Secretary a re- (2) NOTICE AND COMMENT.—Prior to begin- (A) issue an advance notice of proposed port of its findings under this section and ning the review, the Administrator shall rulemaking; or any recommendations for the implementa- publish in the Federal Register a notice and (B) determine to proceed with a negotiated tion of the best practices for expeditious request for comment soliciting input from rulemaking. State approval of special permits for vehicles stakeholders on which regulations should be (2) REQUIREMENTS.—Each advance notice of involved in emergency recovery. Upon re- updated or eliminated. proposed rulemaking issued under paragraph ceipt, the Secretary shall publish the report (3) PRIORITIZATION OF OUTSTANDING PETI- (1) shall— on a public website. TIONS.—As part of the review under para- (A) identify the compelling public concern (d) FEDERAL ADVISORY COMMITTEE ACT EX- graph (1), the Administrator shall prioritize for a potential regulatory action, such as EMPTION.—The Federal Advisory Committee consideration of each outstanding petition failures of private markets to protect or im- Act (5 U.S.C. App.) shall not apply to the (as defined in section 32304(b) of this Act) prove the safety of the public, the environ- working group established under this sec- submitted by a stakeholder for rulemaking. ment, or the well-being of the American peo- tion. (4) REPORT.— ple; SEC. 32402. ADDITIONAL STATE AUTHORITY. (A) IN GENERAL.—Not later than 60 days (B) identify and request public comment on Notwithstanding any other provision of after the date that a review under paragraph the best available science or technical infor- law, not later than 180 days after the date of (1) is complete, the Administrator shall pub- mation on the need for regulatory action and enactment of this Act, any State impacted lish on the Department of Transportation’s on the potential regulatory alternatives; by section 4006 of the Intermodal Surface public website a report detailing the review (C) request public comment on the benefits Transportation Efficiency Act of 1991 (Public and a full inventory of guidance and enforce- and costs of potential regulatory alter- Law 102–240; 105 Stat. 2148) shall be provided ment policies. natives reasonably likely to be included or the option to update the routes listed in the (B) INCLUSIONS.—The report under subpara- analyzed as part of the notice of proposed final list as long as the update shifts routes graph (A) of this paragraph shall include a rulemaking; and to divided highways or does not increase cen- summary of the response of the Federal (D) request public comment on the avail- terline miles by more than 5 percent and the Motor Carrier Safety Administration to each able alternatives to direct regulation, in- change is expected to increase safety per- comment received under paragraph (2) indi- cluding providing economic incentives to en- formance. cating each request the Federal Motor Car- courage the desired behavior. SEC. 32403. COMMERCIAL DRIVER ACCESS. rier Safety Administration is granting. (3) WAIVER.—This subsection shall not (a) INTERSTATE COMPACT PILOT PROGRAM.— SEC. 32304. PETITIONS. apply when the Secretary, for good cause, (1) IN GENERAL.—The Administrator of the (a) IN GENERAL.—The Administrator of the finds (and incorporates the finding and a Federal Motor Carrier Safety Administra- Federal Motor Carrier Safety Administra- brief statement of reasons for such finding in tion may establish a 6-year pilot program to tion shall— the proposed or final rule) an advance notice study the feasibility, benefits, and safety im- (1) publish on the Department of Transpor- of proposed rulemaking impracticable, un- pacts of allowing a licensed driver between tation’s public website all petitions for regu- necessary, or contrary to the public interest. the ages of 18 and 21 to operate a commercial latory action submitted; (c) SAVINGS CLAUSE.—Nothing in this sec- motor vehicle in interstate commerce. (2) prioritize stakeholder petitions based tion may be construed to limit the contents (2) INTERSTATE COMPACTS.—The Secretary on the likelihood of providing safety im- of any Advance Notice of Proposed Rule- shall allow States, including the District of provements; making. Columbia, to enter into an interstate com- (3) formally respond to each petition by in- Subtitle D—State Authorities pact with contiguous States to allow a li- dicating whether the Administrator will ac- SEC. 32401. EMERGENCY ROUTE WORKING censed driver between the ages of 18 and 21 to cept, deny, or further review, the petition GROUP. operate a motor vehicle across the applicable not later than 180 days after the date the pe- (a) IN GENERAL.— State lines. The Secretary shall approve as tition is published under paragraph (1); (1) ESTABLISHMENT.—Not later than 1 year many as 3 interstate compacts, with no more (4) prioritize resulting actions consistent after the date of enactment of this Act, the than 4 States per compact participating in with an action’s potential to reduce crashes, Secretary shall establish a working group to each interstate compact. improve enforcement, and reduce unneces- determine best practices for expeditious (3) MUTUAL RECOGNITION OF LICENSES.—A sary burdens; and State approval of special permits for vehicles valid intrastate commercial driver’s licenses (5) not later than 60 days after the date of involved in emergency response and recov- issued by a State participating in an inter- receipt, publish, and update as necessary, on ery. state compact under paragraph (2) shall be

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Motor Carrier Safety Assistance Pro- ‘‘(J) ensures that activities described in miles from the border of the driver’s State of gram subsection (h), if financed through grants to licensure in each State that is participating ‘‘(a) IN GENERAL.—The Secretary shall ad- the State made under this section, will not in that interstate compact. minister a motor carrier safety assistance diminish the effectiveness of the develop- (4) STANDARDS.—In developing an inter- program funded under section 31104. ment and implementation of the programs to state compact under this subsection, partici- ‘‘(b) GOAL.—The goal of the program is to improve motor carrier, commercial motor pating States shall provide for minimum li- ensure that the Secretary, States, local gov- vehicle, and driver safety as described in sub- censure standards acceptable for interstate ernments, other political jurisdictions, fed- section (b); travel under this section, which may include, erally-recognized Indian tribes, and other ‘‘(K) ensures that the lead State commer- for a licensed driver between the ages of 18 persons work in partnership to establish pro- cial motor vehicle safety agency will coordi- and 21 participating in the pilot program— grams to improve motor carrier, commercial nate the plan, data collection, and informa- (A) age restrictions; motor vehicle, and driver safety to support a tion systems with the State highway safety (B) distance from origin (measured in air safe and efficient surface transportation sys- improvement program required under sec- miles); tem— tion 148(c) of title 23; (C) reporting requirements; or ‘‘(1) by making targeted investments to ‘‘(L) ensures participation in appropriate (D) additional hours of service restrictions. promote safe commercial motor vehicle Federal Motor Carrier Safety Administra- transportation, including the transportation (5) LIMITATIONS.—An interstate compact tion information technology and data sys- of passengers and hazardous materials; under paragraph (2) may not permit special tems and other information systems by all ‘‘(2) by investing in activities likely to configuration or hazardous cargo operations appropriate jurisdictions receiving Motor generate maximum reductions in the number to be transported by a licensed driver under Carrier Safety Assistance Program funding; the age of 21. and severity of commercial motor vehicle crashes and fatalities resulting from such ‘‘(M) ensures that information is ex- (6) ADDITIONAL REQUIREMENTS.—The Sec- changed among the States in a timely man- retary may— crashes; ‘‘(3) by adopting and enforcing effective ner; (A) prescribe such additional requirements, ‘‘(N) provides satisfactory assurances that including training, for a licensed driver be- motor carrier, commercial motor vehicle, and driver safety regulations and practices the State will undertake efforts that will tween the ages of 18 and 21 participating in emphasize and improve enforcement of State the pilot program as the Secretary considers consistent with Federal requirements; and ‘‘(4) by assessing and improving statewide and local traffic safety laws and regulations necessary; and related to commercial motor vehicle safety; (B) provide risk mitigation restrictions performance by setting program goals and meeting performance standards, measures, ‘‘(O) provides satisfactory assurances in and limitations. the plan that the State will address national (b) APPROVAL.—An interstate compact and benchmarks. ‘‘(c) STATE PLANS.— priorities and performance goals, including— under subsection (a)(2) may not go into ef- ‘‘(i) activities aimed at removing impaired fect until it has been approved by the gov- ‘‘(1) IN GENERAL.—The Secretary shall pre- scribe procedures for a State to submit a commercial motor vehicle drivers from the ernor of each State (or the Mayor of the Dis- highways of the United States through ade- trict of Columbia, if applicable) that is a multiple-year plan, and annual updates quate enforcement of regulations on the use party to the interstate compact, after con- thereto, under which the State agrees to as- of alcohol and controlled substances and by sultation with the Secretary of Transpor- sume responsibility for improving motor car- ensuring ready roadside access to alcohol de- tation and the Administrator of the Federal rier safety, adopting and enforcing compat- tection and measuring equipment; Motor Carrier Safety Administration. ible regulations, standards, and orders of the (c) DATA COLLECTION.—The Secretary shall Federal Government on commercial motor ‘‘(ii) activities aimed at providing an ap- collect and analyze data relating to acci- vehicle safety and hazardous materials propriate level of training to State motor dents (as defined in section 390.5 of title 49, transportation safety. carrier safety assistance program officers Code of Federal Regulations) in which a driv- ‘‘(2) CONTENTS.—The Secretary shall ap- and employees on recognizing drivers im- er under the age of 21 participating in the prove a plan if the Secretary determines that paired by alcohol or controlled substances; pilot program is involved. the plan is adequate to comply with the re- and (d) REPORT.—Beginning 3 years after the quirements of this section, and the plan— ‘‘(iii) when conducted with an appropriate date the first compact is established and ap- ‘‘(A) implements performance-based activi- commercial motor vehicle inspection, crimi- proved, the Secretary shall submit to Con- ties, including deployment and maintenance nal interdiction activities, and appropriate gress a report containing the data collection of technology to enhance the efficiency and strategies for carrying out those interdiction and findings of the pilot program, a deter- effectiveness of commercial motor vehicle activities, including interdiction activities mination of whether a licensed driver be- safety programs; that affect the transportation of controlled tween the ages of 18 and 21 can operate a ‘‘(B) designates a lead State commercial substances (as defined under section 102 of commercial motor vehicle in interstate com- motor vehicle safety agency responsible for the Comprehensive Drug Abuse Prevention merce with an equivalent level of safety, and administering the plan throughout the and Control Act of 1970 (21 U.S.C. 802) and the reasons for that determination. The Sec- State; listed in part 1308 of title 21, Code of Federal retary may extend the air mileage require- ‘‘(C) contains satisfactory assurances that Regulations, as updated and republished ments under subsection (a)(3) to expand oper- the lead State commercial motor vehicle from time to time) by any occupant of a ation areas and gather additional data for safety agency has or will have the legal au- commercial motor vehicle; analysis. thority, resources, and qualified personnel ‘‘(P) provides that the State has estab- (e) TERMINATION.—The Secretary may ter- necessary to enforce the regulations, stand- lished and dedicated sufficient resources to a minate the pilot program if the data col- ards, and orders; program to ensure that— lected under subsection (c) indicates that ‘‘(D) contains satisfactory assurances that ‘‘(i) the State collects and reports to the drivers under the age of 21 do not operate in the State will devote adequate resources to Secretary accurate, complete, and timely interstate commerce with an equivalent the administration of the plan and enforce- motor carrier safety data; and level of safety of those drivers age 21 and ment of the regulations, standards, and or- ‘‘(ii) the State participates in a national over. ders; motor carrier safety data correction system Subtitle E—Motor Carrier Safety Grant ‘‘(E) provides a right of entry and inspec- prescribed by the Secretary; Consolidation tion to carry out the plan; ‘‘(Q) ensures that the State will cooperate SEC. 32501. DEFINITIONS. ‘‘(F) provides that all reports required in the enforcement of financial responsi- (a) IN GENERAL.—Section 31101 is amend- under this section be available to the Sec- bility requirements under sections 13906, ed— retary on request; 31138, and 31139 of this title, and regulations (1) by redesignating paragraph (4) as para- ‘‘(G) provides that the lead State commer- issued under these sections; graph (5); and cial motor vehicle safety agency will adopt ‘‘(R) ensures consistent, effective, and rea- (2) by inserting after paragraph (3) the fol- the reporting requirements and use the sonable sanctions; lowing: forms for recordkeeping, inspections, and in- ‘‘(S) ensures that roadside inspections will ‘‘(4) ‘Secretary’ means the Secretary of vestigations that the Secretary prescribes; be conducted at locations that are adequate Transportation.’’. ‘‘(H) requires all registrants of commercial to protect the safety of drivers and enforce- (b) TECHNICAL AND CONFORMING AMEND- motor vehicles to demonstrate knowledge of ment personnel; MENTS.—Section 31101, as amended by sub- applicable safety regulations, standards, and ‘‘(T) provides that the State will include in section (a), is amended— orders of the Federal Government and the the training manuals for the licensing exam- (1) in paragraph (1)(B), by inserting a State; ination to drive both noncommercial motor comma after ‘‘passengers’’; and ‘‘(I) provides that the State will grant vehicles and commercial motor vehicles in- (2) in paragraph (1)(C), by striking ‘‘of maximum reciprocity for inspections con- formation on best practices for driving safely Transportation’’. ducted under the North American Inspection in the vicinity of noncommercial and com- SEC. 32502. GRANTS TO STATES. Standards through the use of a nationally- mercial motor vehicles; (a) MOTOR CARRIER SAFETY ASSISTANCE accepted system that allows ready identi- ‘‘(U) provides that the State will enforce PROGRAM.—Section 31102 is amended to read fication of previously inspected commercial the registration requirements of sections as follows: motor vehicles; 13902 and 31134 of this title by prohibiting the

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5979 operation of any vehicle discovered to be op- section (c)(2)(Y) does not apply to a territory as near steep grades or mountainous ter- erated by a motor carrier without a registra- of the United States unless required by the rains, where the weight of a commercial tion issued under those sections or to be op- Secretary. motor vehicle can significantly affect the erated beyond the scope of the motor car- ‘‘(e) INTRASTATE COMPATIBILITY.—The Sec- safe operation of the vehicle, or at ports rier’s registration; retary shall prescribe regulations specifying where intermodal shipping containers enter ‘‘(V) provides that the State will conduct tolerance guidelines and standards for ensur- and leave the United States; and comprehensive and highly visible traffic en- ing compatibility of intrastate commercial ‘‘(B) detection of and enforcement actions forcement and commercial motor vehicle motor vehicle safety laws, including regula- taken as a result of criminal activity, in- safety inspection programs in high-risk loca- tions, with Federal motor carrier safety reg- cluding the trafficking of human beings, in a tions and corridors; ulations to be enforced under subsections (b) commercial motor vehicle or by any occu- ‘‘(W) except in the case of an imminent and (c). To the extent practicable, the guide- pant, including the operator, of the commer- hazard or obvious safety hazard, ensures that lines and standards shall allow for maximum cial motor vehicle; an inspection of a vehicle transporting pas- flexibility while ensuring a degree of uni- ‘‘(2) for documented enforcement of State sengers for a motor carrier of passengers is formity that will not diminish motor vehicle traffic laws and regulations designed to pro- conducted at a station, terminal, border safety. mote the safe operation of commercial crossing, maintenance facility, destination, ‘‘(f) MAINTENANCE OF EFFORT.— motor vehicles, including documented en- or other location where adequate food, shel- ‘‘(1) BASELINE.—Except as provided under forcement of such laws and regulations relat- ter, and sanitation facilities are available for paragraphs (2) and (3) and in accordance with ing to noncommercial motor vehicles when passengers, and reasonable accommodations section 32508 of the Comprehensive Transpor- necessary to promote the safe operation of are available for passengers with disabilities; tation and Consumer Protection Act of 2015, commercial motor vehicles, if— ‘‘(X) ensures that the State will transmit a State plan under subsection (c) shall pro- ‘‘(A) the number of motor carrier safety to its roadside inspectors the notice of each vide that the total expenditure of amounts of activities, including roadside safety inspec- Federal exemption granted under section the lead State commercial motor vehicle tions, conducted in the State is maintained 31315(b) of this title and sections 390.23 and safety agency responsible for administering at a level at least equal to the average level 390.25 of title 49 of the Code of Federal Regu- the plan will be maintained at a level each of such activities conducted in the State in lations and provided to the State by the Sec- fiscal year at least equal to— fiscal years 2004 and 2005; and retary, including the name of the person ‘‘(A) the average level of that expenditure ‘‘(B) the State does not use more than 10 granted the exemption and any terms and for fiscal years 2004 and 2005; or percent of the basic amount the State re- conditions that apply to the exemption; ‘‘(B) the level of that expenditure for the ceives under a grant awarded under section ‘‘(Y) except as provided in subsection (d), year in which the Secretary implements a 31104(a)(1) for enforcement activities relating provides that the State— new allocation formula under section 32508 of to noncommercial motor vehicles necessary ‘‘(i) will conduct safety audits of interstate the Comprehensive Transportation and Con- to promote the safe operation of commercial and, at the State’s discretion, intrastate new sumer Protection Act of 2015. motor vehicles unless the Secretary deter- entrant motor carriers under section 31144(g) ‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR mines that a higher percentage will result in of this title; and 2017.—At the request of a State, the Secretary significant increases in commercial motor ‘‘(ii) if the State authorizes a third party may evaluate additional documentation re- vehicle safety; and to conduct safety audits under section lated to the maintenance of effort and may ‘‘(3) for the enforcement of household 31144(g) on its behalf, the State verifies the make reasonable adjustments to the mainte- goods regulations on intrastate and inter- quality of the work conducted and remains nance of effort baseline after the year in state carriers if the State has adopted laws solely responsible for the management and which the Secretary implements a new allo- or regulations compatible with the Federal oversight of the activities; cation formula under section 32508 of the household goods regulations. ‘‘(Z) provides that the State agrees to fully Comprehensive Transportation and Con- ‘‘(i) EVALUATION OF PLANS AND AWARD OF participate in the performance and registra- sumer Protection Act of 2015, and this ad- GRANTS.— tion information system management under justed baseline will replace the maintenance ‘‘(1) AWARDS.—The Secretary shall estab- section 31106(b) not later than October 1, of effort requirement under paragraph (1). lish criteria for the application, evaluation, 2020, by complying with the conditions for ‘‘(3) WAIVERS.—At the request of a State, and approval of State plans under this sec- participation under paragraph (3) of that sec- the Secretary may waive or modify the re- tion. Subject to subsection (j), the Secretary tion; quirements of this subsection for 1 fiscal may allocate the amounts made available ‘‘(AA) provides that a State that shares a year if the Secretary determines that a waiv- under section 31104(a)(1) among the States. land border with another country— er or modification is reasonable, based on ‘‘(2) OPPORTUNITY TO CURE.—If the Sec- ‘‘(i) will conduct a border commercial circumstances described by the State, to en- retary disapproves a plan under this section, motor vehicle safety program focusing on sure the continuation of commercial motor the Secretary shall give the State a written international commerce that includes en- vehicle enforcement activities in the State. explanation of the reasons for disapproval forcement and related projects; or ‘‘(4) LEVEL OF STATE EXPENDITURES.—In es- and allow the State to modify and resubmit ‘‘(ii) will forfeit all funds calculated by the timating the average level of State expendi- the plan for approval. Secretary based on border-related activities ture under paragraph (1), the Secretary— ‘‘(j) ALLOCATION OF FUNDS.— if the State declines to conduct the program ‘‘(A) may allow the State to exclude State ‘‘(1) IN GENERAL.—The Secretary, by regu- described in clause (i) in its plan; and expenditures for Federally-sponsored dem- lation, shall prescribe allocation criteria for ‘‘(BB) provides that a State that meets the onstration and pilot programs and strike funds made available under section other requirements of this section and agrees forces; 31104(a)(1). to comply with the requirements established ‘‘(B) may allow the State to exclude ex- ‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of in subsection (l)(3) may fund operation and penditures for activities related to border each fiscal year, or as soon as practicable maintenance costs associated with innova- enforcement and new entrant safety audits; thereafter, and after making a deduction tive technology deployment under sub- and under section 31104(c), the Secretary shall al- section (l)(3) with Motor Carrier Safety As- ‘‘(C) shall require the State to exclude locate amounts made available in section sistance Program funds authorized under State matching amounts used to receive 31104(a)(1) to carry out this section for the section 31104(a)(1). Federal financing under section 31104. fiscal year among the States with plans ap- ‘‘(3) PUBLICATION.— ‘‘(g) USE OF UNIFIED CARRIER REGISTRATION proved under this section in accordance with ‘‘(A) IN GENERAL.—Subject to subparagraph FEES AGREEMENT.—Amounts generated the criteria under paragraph (1). (B), the Secretary shall publish each ap- under section 14504a of this title and received ‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to proved State multiple-year plan, and each by a State and used for motor carrier safety the availability of funding and notwith- annual update thereto, on the Department of purposes may be included as part of the standing fluctuations in the data elements Transportation’s public website not later State’s match required under section 31104 of used by the Secretary to calculate the an- than 30 days after the date the Secretary ap- this title or maintenance of effort required nual allocation amounts, after the creation proves the plan or update. by subsection (f) of this section. of a new allocation formula under section ‘‘(B) LIMITATION.—Before posting an ap- ‘‘(h) USE OF GRANTS TO ENFORCE OTHER 32508 of the Comprehensive Transportation proved State multiple-year plan or annual LAWS.—When approved in the States’ plan and Consumer Protection Act of 2015 the update under subparagraph (A), the Sec- under subsection (c), a State may use Motor Secretary may not make elective adjust- retary shall redact any information identi- Carrier Safety Assistance Program funds re- ments to the allocation formula that de- fied by the State that, if disclosed— ceived under this section— crease a State’s Federal funding levels by ‘‘(i) would reasonably be expected to inter- ‘‘(1) if the activities are carried out in con- more than 3 percent in a fiscal year. The 3 fere with enforcement proceedings; or junction with an appropriate inspection of a percent limit shall not apply to the with- ‘‘(ii) would reveal enforcement techniques commercial motor vehicle to enforce Federal holding provisions of subsection (k). or procedures that would reasonably be ex- or State commercial motor vehicle safety ‘‘(k) PLAN MONITORING.— pected to risk circumvention of the law. regulations, for— ‘‘(1) IN GENERAL.—On the basis of reports ‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The ‘‘(A) enforcement of commercial motor ve- submitted by the lead State agency respon- requirement that a State conduct safety au- hicle size and weight limitations at loca- sible for administering an approved State dits of new entrant motor carriers under sub- tions, excluding fixed weight facilities, such plan and an investigation by the Secretary,

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5980 CONGRESSIONAL RECORD — SENATE July 27, 2015 the Secretary shall periodically evaluate ‘‘(I) before October 1, 2020, to achieve com- cial motor vehicle information systems and State implementation of and compliance pliance with the requirements of participa- networks; with the State plan. tion; and ‘‘(ii) for planning activities, including the ‘‘(2) WITHHOLDING OF FUNDS.— ‘‘(II) beginning on October 1, 2020, or once development or updating of program or top ‘‘(A) DISAPPROVAL.—If, after notice and an compliance is achieved, whichever is sooner, level design plans in order to become eligible opportunity to be heard, the Secretary finds for special initiatives or projects that exceed or maintain eligibility under subparagraph that the State plan previously approved is routine operations required for participa- (C); and not being followed or has become inadequate tion; ‘‘(iii) for the operation and maintenance to ensure enforcement of the regulations, ‘‘(H) conduct safety data improvement costs associated with innovative technology. standards, or orders, or the State is other- projects— ‘‘(E) SECRETARY AUTHORIZATION.—The Sec- wise not in compliance with the require- ‘‘(i) that complete or exceed the require- retary is authorized to award a State fund- ments of this section, the Secretary may ments under subsection (c)(2)(P) for entities ing for the operation, and maintenance costs withdraw approval of the plan and notify the not responsible for submitting the plan associated with innovative technology de- State. The plan is no longer in effect once under subsection (c); or ployment with funds made available under the State receives notice, and the Secretary ‘‘(ii) that exceed the requirements under both sections 31104(a)(1) and 31104(a)(2) of shall withhold all funding under this section. subsection (c)(2)(P) for entities responsible this title.’’. ‘‘(B) NONCOMPLIANCE WITHHOLDING.—In lieu for submitting the plan under subsection (c); (b) COMMERCIAL MOTOR VEHICLE OPERATORS of withdrawing approval of the plan, the Sec- and GRANT PROGRAM.—Section 31103 is amended retary may, after providing notice and an op- ‘‘(I) otherwise improve commercial motor to read as follows: portunity to be heard, withhold funding from vehicle safety and compliance with commer- ‘‘§ 31103. Commercial Motor Vehicle Opera- the State to which the State would other- cial motor vehicle safety regulations. tors Grant Program wise be entitled under this section for the pe- ‘‘(3) INNOVATIVE TECHNOLOGY DEPLOYMENT ‘‘(a) IN GENERAL.—The Secretary shall ad- riod of the State’s noncompliance. In exer- GRANT PROGRAM.— minister a commercial motor vehicle opera- cising this option, the Secretary may with- ‘‘(A) IN GENERAL.—The Secretary shall es- tors grant program funded under section hold— tablish an innovative technology deploy- 31104. ‘‘(i) up to 5 percent of funds during the fis- ment grant program to make discretionary ‘‘(b) PURPOSE.—The purpose of the grant cal year that the Secretary notifies the grants funded under section 31104(a)(2) to eli- program is to train individuals in the safe State of its noncompliance; gible States for the innovative technology operation of commercial motor vehicles (as ‘‘(ii) up to 10 percent of funds for the first deployment of commercial motor vehicle in- defined in section 31301).’’. full fiscal year of noncompliance; formation systems and networks. (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iii) up to 25 percent of funds for the sec- ‘‘(B) PURPOSES.—The purposes of the pro- Section 31104 is amended to read as follows: ond full fiscal year of noncompliance; and gram shall be— ‘‘(iv) not more than 50 percent of funds for ‘‘(i) to advance the technological capa- ‘‘§ 31104. Authorization of appropriations the third and any subsequent full fiscal year bility and promote the deployment of intel- ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.— of noncompliance. ligent transportation system applications for The following sums are authorized to be ap- ‘‘(3) JUDICIAL REVIEW.—A State adversely commercial motor vehicle operations, in- propriated from the Highway Trust Fund for affected by a determination under paragraph cluding commercial motor vehicle, commer- the following Federal Motor Carrier Safety (2) may seek judicial review under chapter 7 cial driver, and carrier-specific information Administration Financial Assistance Pro- of title 5. Notwithstanding the disapproval of systems and networks; and grams: a State plan under paragraph (2)(A) or the ‘‘(ii) to support and maintain commercial ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE withholding under paragraph (2)(B), the motor vehicle information systems and net- PROGRAM.—Subject to paragraph (2) of this State may retain jurisdiction in an adminis- works— subsection and subsection (c) of this section, trative or a judicial proceeding that com- ‘‘(I) to link Federal motor carrier safety to carry out section 31102— menced before the notice of disapproval or information systems with State commercial ‘‘(A) $295,636,000 for fiscal year 2017; withholding if the issues involved are not re- motor vehicle systems; ‘‘(B) $301,845,000 for fiscal year 2018; lated directly to the reasons for the dis- ‘‘(II) to improve the safety and produc- ‘‘(C) $308,183,000 for fiscal year 2019; approval or withholding. tivity of commercial motor vehicles and ‘‘(D) $314,655,000 for fiscal year 2020; and ‘‘(l) HIGH PRIORITY FINANCIAL ASSISTANCE drivers; and ‘‘(E) $321,263,000 for fiscal year 2021. PROGRAM.— ‘‘(III) to reduce costs associated with com- ‘‘(2) HIGH PRIORITY ACTIVITIES FINANCIAL ‘‘(1) IN GENERAL.—The Secretary shall ad- mercial motor vehicle operations and Fed- ASSISTANCE PROGRAM.—Subject to subsection minister a high priority financial assistance eral and State commercial vehicle regu- (c), to make grants and cooperative agree- program funded under section 31104 for the latory requirements. ments under section 31102(l) of this title, the purposes described in paragraphs (2) and (3). ‘‘(C) ELIGIBILITY.—To be eligible for a Secretary may set aside from amounts made ‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER grant under this paragraph, a State shall— available under paragraph (1) of this sub- SAFETY.—The purpose of this paragraph is to ‘‘(i) have a commercial motor vehicle in- section up to— make discretionary grants to and coopera- formation systems and networks program ‘‘(A) $42,323,000 for fiscal year 2017; tive agreements with States, local govern- plan approved by the Secretary that de- ‘‘(B) $43,212,000 for fiscal year 2018; ments, federally-recognized Indian tribes, scribes the various systems and networks at ‘‘(C) $44,119,000 for fiscal year 2019; other political jurisdictions as necessary, the State level that need to be refined, re- ‘‘(D) $45,046,000 for fiscal year 2020; and and any person to carry out high priority ac- vised, upgraded, or built to accomplish de- ‘‘(E) $45,992,000 for fiscal year 2021. tivities and projects that augment motor ployment of commercial motor vehicle infor- ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS carrier safety activities and projects planned mation systems and networks capabilities; GRANT PROGRAM.—To carry out section in accordance with subsections (b) and (c), ‘‘(ii) certify to the Secretary that its com- 31103— including activities and projects that— mercial motor vehicle information systems ‘‘(A) $1,000,000 for fiscal year 2017; ‘‘(A) increase public awareness and edu- and networks deployment activities, includ- ‘‘(B) $1,000,000 for fiscal year 2018; cation on commercial motor vehicle safety; ing hardware procurement, software and sys- ‘‘(C) $1,000,000 for fiscal year 2019; ‘‘(B) target unsafe driving of commercial tem development, and infrastructure modi- ‘‘(D) $1,000,000 for fiscal year 2020; and motor vehicles and non-commercial motor fications— ‘‘(E) $1,000,000 for fiscal year 2021. vehicles in areas identified as high risk crash ‘‘(I) are consistent with the national intel- ‘‘(4) COMMERCIAL DRIVER’S LICENSE PRO- corridors; ligent transportation systems and commer- GRAM IMPLEMENTATION FINANCIAL ASSISTANCE ‘‘(C) support the enforcement of State cial motor vehicle information systems and PROGRAM.—Subject to subsection (c), to household goods regulations on intrastate networks architectures and available stand- carry out section 31313— and interstate carriers if the State has ards; and ‘‘(A) $31,273,000 for fiscal year 2017; adopted laws or regulations compatible with ‘‘(II) promote interoperability and effi- ‘‘(B) $31,930,000 for fiscal year 2018; the Federal household good laws; ciency to the extent practicable; and ‘‘(C) $32,600,000 for fiscal year 2019; ‘‘(D) improve the safe and secure move- ‘‘(iii) agree to execute interoperability ‘‘(D) $33,285,000 for fiscal year 2020; and ment of hazardous materials; tests developed by the Federal Motor Carrier ‘‘(E) $33,984,000 for fiscal year 2021. ‘‘(E) improve safe transportation of goods Safety Administration to verify that its sys- ‘‘(b) REIMBURSEMENT AND PAYMENT TO RE- and persons in foreign commerce; tems conform with the national intelligent CIPIENTS FOR GOVERNMENT SHARE OF COSTS.— ‘‘(F) demonstrate new technologies to im- transportation systems architecture, appli- ‘‘(1) IN GENERAL.—Amounts made available prove commercial motor vehicle safety; cable standards, and protocols for commer- under subsection (a) shall be used to reim- ‘‘(G) support participation in performance cial motor vehicle information systems and burse financial assistance recipients propor- and registration information systems man- networks. tionally for the Federal Government’s share agement under section 31106(b)— ‘‘(D) USE OF FUNDS.—Grant funds may be of the costs incurred. ‘‘(i) for entities not responsible for submit- used— ‘‘(2) REIMBURSEMENT AMOUNTS.—The Sec- ting the plan under subsection (c); or ‘‘(i) for deployment activities and activi- retary shall reimburse a recipient, in accord- ‘‘(ii) for entities responsible for submitting ties to develop new and innovative advanced ance with a financial assistance agreement the plan under subsection (c)— technology solutions that support commer- made under section 31102, 31103, or 31313, an

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amount that is at least 85 percent of the ‘‘(1) IN GENERAL.—Of the contract author- Safety Improvement Act of 1999 (49 U.S.C. costs incurred by the recipient in a fiscal ity authorized for motor carrier safety 31102 note) is repealed. year in developing and implementing pro- grants, the Secretary shall have authority to (13) BORDER STAFFING STANDARDS.—Section grams under these sections. The Secretary transfer available unobligated contract au- 218(d) of the Motor Carrier Safety Improve- shall pay the recipient an amount not more thority and associated liquidating cash with- ment Act of 1999 (49 U.S.C. 31133 note) is than the Federal Government share of the in or between Federal financial assistance amended— total costs approved by the Federal Govern- programs authorized under this section and (A) in paragraph (1), by striking ‘‘under ment in the financial assistance agreement. make new Federal financial assistance section 31104(f)(2)(B) of title 49, United States The Secretary shall include a recipient’s in- awards under this section. Code’’ and inserting ‘‘section 31104(a)(1) of kind contributions in determining the reim- ‘‘(2) COST ESTIMATES.—Of the funds trans- title 49, United States Code’’; and bursement. ferred, the contract authority and associated (B) by striking paragraph (3). ‘‘(3) VOUCHERS.—Each recipient shall sub- liquidating cash or obligations and expendi- (e) EFFECTIVE DATE.—The amendments mit vouchers at least quarterly for costs the tures stemming from Federal financial as- made by this section shall take effect on Oc- recipient incurs in developing and imple- sistance awards made with this contract au- tober 1, 2016. menting programs under section 31102, 31103, thority shall not be scored as new obliga- (f) TRANSITION.—Notwithstanding the or 31313. tions by the Office of Management and Budg- amendments made by this section, the Sec- ‘‘(c) DEDUCTIONS FOR PARTNER TRAINING et or by the Secretary. retary shall carry out sections 31102, 31103, AND PROGRAM SUPPORT.—On October 1 of ‘‘(3) NO LIMITATION ON TOTAL OF OBLIGA- 31104 of title 49, United States Code, and any each fiscal year, or as soon after that date as TIONS.—Notwithstanding any other provision sections repealed under subsection (d) of this practicable, the Secretary may deduct from of law, no limitation on the total of obliga- section, as necessary, as those sections were amounts made available under paragraphs tions for Federal financial assistance pro- in effect on the day before October 1, 2016, (1), (2), and (4) of subsection (a) for that fis- grams carried out by the Federal Motor Car- with respect to applications for grants, coop- cal year not more than 1.50 percent of those rier Safety Administration under this sec- erative agreements, or contracts under those amounts for partner training and program tion shall apply to unobligated funds trans- sections submitted before October 1, 2016. support in that fiscal year. The Secretary ferred under this subsection.’’. SEC. 32503. NEW ENTRANT SAFETY REVIEW PRO- shall use at least 75 percent of those de- (d) TECHNICAL AND CONFORMING AMEND- GRAM STUDY. ducted amounts to train non-Federal Gov- MENTS.— (a) IN GENERAL.—Not later than 1 year ernment employees and to develop related (1) SAFETY FITNESS OF OWNERS AND OPER- after the date of enactment of this Act, the training materials in carrying out these pro- ATOR; SAFETY REVIEWS OF NEW OPERATORS.— Office of Inspector General of the Depart- grams. Section 31144(g) is amended by striking para- ment of Transportation shall report to the ‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS graph (5). Committee on Commerce, Science, and AS CONTRACTUAL OBLIGATIONS.—The approval (2) INFORMATION SYSTEMS; PERFORMANCE Transportation of the Senate and the Com- of a financial assistance agreement by the AND REGISTRATION INFORMATION PROGRAM.— mittee on Transportation and Infrastructure Secretary under section 31102, 31103, or 31313 Section 31106(b) is amended by striking para- in the House of Representatives on its as- is a contractual obligation of the Federal graph (4). sessment of the new operator safety review Government for payment of the Federal Gov- (3) BORDER ENFORCEMENT GRANTS.—Section program, required under section 31144(g) of ernment’s share of costs in carrying out the 31107 is repealed. title 49, United States Code, including the provisions of the grant or cooperative agree- (4) PERFORMANCE AND REGISTRATION INFOR- program’s effectiveness in reducing commer- ment. MATION SYSTEM MANAGEMENT.—Section 31109 cial motor vehicles involved in crashes, fa- ‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary is repealed. talities, and injuries, and in improving com- shall establish criteria for eligible activities (5) TABLE OF CONTENTS.—The table of con- mercial motor vehicle safety. to be funded with financial assistance agree- tents of chapter 311 is amended— (b) REPORT.—Not later than 90 days after ments under this section and publish those (A) by striking the items relating to 31107 completion of the report under subsection criteria in a notice of funding availability and 31109; and (a), the Secretary shall submit to the Com- before the financial assistance program ap- (B) by striking the items relating to sec- mittee on Commerce, Science, and Transpor- plication period. tions 31102, 31103, and 31104 and inserting the tation of the Senate and the Committee on ‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL following: Transportation and Infrastructure in the ASSISTANCE AGREEMENT FUNDS FOR RECIPI- ‘‘31102. Motor Carrier Safety Assistance Pro- House of Representatives a report on the ac- ENT EXPENDITURES.— tions the Secretary will take to address any ‘‘(1) IN GENERAL.—The period of avail- gram. ‘‘31103. Commercial Motor Vehicle Operators recommendations included in the study ability for a recipient to expend a grant or under subsection (a). cooperative agreement authorized under sub- Grant Program. ‘‘31104. Authorization of appropriations.’’. (c) PAPERWORK REDUCTION ACT OF 1995; EX- section (a) is as follows: CEPTION (6) GRANTS FOR COMMERCIAL DRIVER’SLI- .—The study and the Office of the In- ‘‘(A) For grants made for carrying out sec- spector General assessment shall not be sub- tion 31102, other than section 31102(l), for the CENSE PROGRAM IMPLEMENTATION.—Section 31313(a), as amended by section 32506 of this ject to section 3506 or section 3507 of title 44, fiscal year in which it is obligated and for United States Code. the next fiscal year. Act, is further amended by striking ‘‘The SEC. 32504. PERFORMANCE AND REGISTRATION ‘‘(B) For grants or cooperative agreements Secretary of Transportation shall administer a financial assistance program for commer- INFORMATION SYSTEMS MANAGE- made for carrying out section 31102(l)(2), for MENT. cial driver’s license program implementation the fiscal year in which it is obligated and Section 31106(b) is amended in the heading for the purposes described in paragraphs (1) for the next 2 fiscal years. by striking ‘‘PROGRAM’’ and inserting ‘‘SYS- and (2)’’ and inserting ‘‘The Secretary of ‘‘(C) For grants made for carrying out sec- TEMS MANAGEMENT’’. Transportation shall administer a financial tion 31102(l)(3), for the fiscal year in which it SEC. 32505. AUTHORIZATION OF APPROPRIA- is obligated and for the next 4 fiscal years. assistance program for commercial driver’s license program implementation funded TIONS. ‘‘(D) For grants made for carrying out sec- (a) IN GENERAL.—Subchapter I of chapter tion 31103, for the fiscal year in which it is under section 31104 of this title for the pur- poses described in paragraphs (1) and (2)’’. 311 is amended by adding at the end the fol- obligated and for the next fiscal year. lowing: ‘‘(E) For grants or cooperative agreements (7) COMMERCIAL VEHICLE INFORMATION SYS- made for carrying out 31313, for the fiscal TEMS AND NETWORKS DEPLOYMENT.—Section ‘‘§ 31110. Authorization of appropriations year in which it is obligated and for the next 4126 of SAFETEA-LU (49 U.S.C. 31106 note) is ‘‘(a) ADMINISTRATIVE EXPENSES.—There are 4 fiscal years. repealed. authorized to be appropriated from the High- ‘‘(2) REOBLIGATION.—Amounts not expended (8) SAFETY DATA IMPROVEMENT PROGRAM.— way Trust Fund (other than the Mass Tran- by a recipient during the period of avail- Section 4128 of SAFETEA-LU (49 U.S.C. 31100 sit Account) for the Secretary of Transpor- ability shall be released back to the Sec- note) is repealed. tation to pay administrative expenses of the retary for reobligation for any purpose under (9) GRANT PROGRAM FOR COMMERCIAL MOTOR Federal Motor Carrier Safety Administra- sections 31102, 31103, 31104, and 31313 in ac- VEHICLE OPERATORS.—Section 4134 of tion— cordance with subsection (i) of this section. SAFETEA-LU (49 U.S.C. 31301 note) is re- ‘‘(1) $264,439,000 for fiscal year 2016; ‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF pealed. ‘‘(2) $269,992,000 for fiscal year 2017; AVAILABILITY.—Amounts authorized from (10) WINTER HOME HEATING OIL DELIVERY ‘‘(3) $275,662,000 for fiscal year 2018; the Highway Trust Fund by this section STATE FLEXIBILITY PROGRAM.—Section 346 of ‘‘(4) $281,451,000 for fiscal year 2019; shall be available for obligation on the date National Highway System Designation Act ‘‘(5) $287,361,000 for fiscal year 2020; and of their apportionment or allocation or on of 1995 (49 U.S.C. 31166 note) is repealed. ‘‘(6) $293,396,000 for fiscal year 2021. October 1 of the fiscal year for which they (11) MAINTENANCE OF EFFORT AS CONDITION ‘‘(b) USE OF FUNDS.—The funds authorized are authorized, whichever occurs first. ON GRANTS TO STATES.—Section 103(c) of the by this section shall be used— ‘‘(h) AVAILABILITY OF FUNDING.—Amounts Motor Carrier Safety Improvement Act of ‘‘(1) for personnel costs; made available under this section shall re- 1999 (49 U.S.C. 31102 note) is repealed. ‘‘(2) for administrative infrastructure; main available until expended. (12) STATE COMPLIANCE WITH CDL REQUIRE- ‘‘(3) for rent; ‘‘(i) TRANSFER OF OBLIGATION AUTHORITY.— MENTS.—Section 103(e) of the Motor Carrier ‘‘(4) for information technology;

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‘‘(5) for programs for research and tech- (4) SAFETEA-LU; OUTREACH AND EDU- SEC. 32507. EXTENSION OF FEDERAL MOTOR CAR- nology, information management, regu- CATION.—Section 4127 of SAFETEA-LU (119 RIER SAFETY PROGRAMS FOR FIS- latory development, the administration of Stat. 1741; Public Law 109–59) is repealed. CAL YEAR 2016. the performance and registration informa- (5) TABLE OF CONTENTS.—The table of con- (a) MOTOR CARRIER SAFETY ASSISTANCE tion systems management; tents of subchapter I of chapter 311 is amend- PROGRAM GRANT EXTENSION.—Section ‘‘(6) for programs for outreach and edu- ed by adding at the end the following: 31104(a) is amended— cation under subsection (d); (1) in the matter preceding paragraph (1), ‘‘(7) to fund the motor carrier safety facil- ‘‘31110. Authorization of appropriations.’’. by inserting ‘‘and, for fiscal year 2016, sec- ity working capital fund established under SEC. 32506. COMMERCIAL DRIVER’S LICENSE tions 31102, 31107, and 31109 of this title and subsection (c); PROGRAM IMPLEMENTATION. section 4128 of SAFETEA-LU (49 U.S.C. 31100 ‘‘(8) for other operating expenses; note)’’ after ‘‘31102’’; (a) IN GENERAL.—Section 31313 is amended ‘‘(9) to conduct safety reviews of new oper- (2) in paragraph (9), by striking ‘‘and’’ at to read as follows: ators; and the end; and ‘‘(10) for such other expenses as may from ‘‘§ 31313. Commercial driver’s license pro- (3) by striking paragraph (10) and inserting time to time become necessary to implement gram implementation financial assistance the following: statutory mandates of the Federal Motor program ‘‘(10) $218,000,000 for fiscal year 2015; and Carrier Safety Administration not funded ‘‘(11) ‘$259,000,000 for fiscal year 2016.’’. from other sources. ‘‘(a) IN GENERAL.—The Secretary of Trans- (b) EXTENSION OF GRANT PROGRAMS.—Sec- ‘‘(c) MOTOR CARRIER SAFETY FACILITY portation shall administer a financial assist- tion 4101(c) SAFETEA-LU (119 Stat. 1715; WORKING CAPITAL FUND.— ance program for commercial driver’s license Public Law 109–59), is amended to read as fol- ‘‘(1) IN GENERAL.—The Secretary may es- program implementation for the purposes lows: tablish a motor carrier safety facility work- described in paragraphs (1) and (2). ‘‘(c) GRANT PROGRAMS FUNDING.—There are ing capital fund. ‘‘(1) STATE COMMERCIAL DRIVER’S LICENSE authorized to be appropriated from the High- ‘‘(2) PURPOSE.—Amounts in the fund shall PROGRAM IMPLEMENTATION GRANTS.—The Sec- way Trust Fund the following sums for the be available for modernization, construction, retary of Transportation may make a grant following Federal Motor Carrier Safety Ad- leases, and expenses related to vacating, oc- to a State agency in a fiscal year— ministration programs: cupying, maintaining, and expanding motor ‘‘(A) to comply with the requirements of ‘‘(1) COMMERCIAL DRIVER’S LICENSE PRO- carrier safety facilities, and associated ac- section 31311; GRAM IMPROVEMENT GRANTS.—For carrying tivities. ‘‘(B) in the case of a State that is making out the commercial driver’s license program ‘‘(3) AVAILABILITY.—Amounts in the fund a good faith effort toward substantial com- improvement grants program under section shall be available without regard to fiscal pliance with the requirements of section 31313 of title 49, United States Code, year limitation. 31311, to improve its implementation of its $30,000,000 for fiscal year 2016. ‘‘(4) FUNDING.—Amounts may be appro- commercial driver’s license program, includ- ‘‘(2) BORDER ENFORCEMENT GRANTS.—From priated to the fund from the amounts made ing expenses— amounts made available under section available in subsection (a). ‘‘(i) for computer hardware and software; 31104(a) of title 49, United States Code, for ‘‘(5) FUND TRANSFERS.—The Secretary may ‘‘(ii) for publications, testing, personnel, border enforcement grants under section transfer funds to the working capital fund training, and quality control; 31107 of that title, $32,000,000 for fiscal year from the amounts made available in sub- ‘‘(iii) for commercial driver’s license pro- 2016. section (a) or from other funds as identified gram coordinators; and ‘‘(3) PERFORMANCE AND REGISTRATION IN- by the Secretary. ‘‘(iv) to implement or maintain a system FORMATION SYSTEMS MANAGEMENT GRANT PRO- ‘‘(d) OUTREACH AND EDUCATION PROGRAM.— to notify an employer of an operator of a GRAMS.—From amounts made available ‘‘(1) IN GENERAL.—The Secretary may con- commercial motor vehicle of the suspension under section 31104(a) of title 49, United duct, through any combination of grants, or revocation of the operator’s commercial States Code, for the performance and reg- contracts, cooperative agreements, or other driver’s license consistent with the stand- istration information systems management activities, an internal and external outreach ards developed under section 32303(b) of the grant program under section 31109 of that and education program to be administered Commercial Motor Vehicle Safety Enhance- title, $5,000,000 for fiscal year 2016. by the Administrator of the Federal Motor ment Act of 2012 (49 U.S.C. 31304 note). ‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS- Carrier Safety Administration. ‘‘(2) PRIORITY ACTIVITIES.—The Secretary TEMS AND NETWORKS DEPLOYMENT.—For car- ‘‘(2) FEDERAL SHARE.—The Federal share of may make a grant or cooperative agreement rying out the commercial vehicle informa- an outreach and education program for in a fiscal year to a State agency, local gov- tion systems and networks deployment pro- which a grant, contract, or cooperative ernment, or any person for research, develop- gram under section 4126 of this Act (the in- agreement is made under this subsection ment or testing, demonstration projects, novative technology deployment program), may be up to 100 percent of the cost of the public education, or other special activities $25,000,000, for fiscal year 2016. grant, contract, or cooperative agreement. and projects relating to commercial driver’s ‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.— ‘‘(3) FUNDING.—From amounts made avail- licensing and motor vehicle safety that— From amounts made available under section able in subsection (a), the Secretary shall ‘‘(A) benefit all jurisdictions of the United 31104(a) of title 49, United States Code, for make available such sums as are necessary States; safety data improvement grants under sec- to carry out this subsection each fiscal year. ‘‘(B) address national safety concerns and tion 4128 of this Act, $3,000,000 for fiscal year ‘‘(e) CONTRACT AUTHORITY; INITIAL DATE OF circumstances; 2016.’’. AVAILABILITY.—Amounts authorized from ‘‘(C) address emerging issues relating to (c) HIGH-PRIORITY ACTIVITIES.—Section the Highway Trust Fund by this section commercial driver’s license improvements; shall be available for obligation on the date 31104(j)(2), as redesignated by section 32505 of ‘‘(D) support innovative ideas and solu- of their apportionment or allocation or on this Act is amended by striking ‘‘2015’’ and October 1 of the fiscal year for which they tions to commercial driver’s license program inserting ‘‘2016’’. are authorized, whichever occurs first. issues; or (d) NEW ENTRANT AUDITS.—Section ‘‘(f) FUNDING AVAILABILITY.—Amounts ‘‘(E) address other commercial driver’s li- 31144(g)(5)(B) is amended to read as follows: made available under this section shall re- cense issues, as determined by the Secretary. ‘‘(B) SET ASIDE.—The Secretary shall set main available until expended. ‘‘(b) PROHIBITIONS.—A recipient may not aside from amounts made available by sec- ‘‘(g) CONTRACTUAL OBLIGATION.—The ap- use financial assistance funds awarded under tion 31104(a) up to $32,000,000 for fiscal year proval of funds by the Secretary under this this section to rent, lease, or buy land or 2016 for audits of new entrant motor carriers section is a contractual obligation of the buildings. conducted under this paragraph.’’. Federal Government for payment of the Fed- (e) GRANT PROGRAM FOR COMMERCIAL ‘‘(c) REPORT.—The Secretary shall issue an eral Government’s share of costs.’’. MOTOR VEHICLE OPERATORS.—Section 4134(c) (b) TECHNICAL AND CONFORMING AMEND- annual report on the activities carried out of SAFETEA-LU (49 U.S.C. 31301 note) is MENTS.— under this section. amended to read as follows: (1) ADMINISTRATIVE EXPENSES; AUTHORIZA- ‘‘(d) APPORTIONMENT.—All amounts made ‘‘(c) FUNDING.—From amounts made avail- TION OF APPROPRIATIONS.—Section 31104 is available to carry out this section for a fis- able under section 31110 of title 49, United amended— cal year shall be apportioned to a State or States Code, the Secretary shall make avail- (A) by striking subsection (i); and recipient described in subsection (a)(2) ac- able, $1,000,000 for fiscal year 2016 to carry (B) by redesignating subsections (j) and (k) cording to criteria prescribed by the Sec- out the commercial motor vehicle operators and subsections (i) and (j), respectively. retary.’’. grant program.’’. (2) USE OF AMOUNTS MADE AVAILABLE UNDER (f) COMMERCIAL VEHICLE INFORMATION SYS- (b) TECHNICAL AND CONFORMING AMEND- SUBSECTION (I).—Section 4116(d) of SAFETEA- TEMS AND NETWORKS DEPLOYMENT.— MENTS.—The table of contents of chapter 313 (1) IN GENERAL.—Section 4126 of SAFETEA- LU (49 U.S.C. 31104 note) is amended by is amended by striking the item relating to striking ‘‘section 31104(i)’’ and inserting LU (49 U.S.C. 31106 note; 119 Stat. 1738; Pub- section 31313 and inserting the following: ‘‘section 31110’’. lic Law 109–59) is amended— (3) INTERNAL COOPERATION.—Section 31161 ‘‘31313. Commercial driver’s license program (A) in subsection (c)— is amended by striking ‘‘31104(i)’’ and insert- implementation financial as- (i) in paragraph (2), by adding at the end ing ‘‘31110’’. sistance program.’’. the following: ‘‘Funds deobligated by the

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5983 Secretary from previous year grants shall (3) the average of each State’s new entrant year 2017 and each fiscal year thereafter if a not be counted towards the $2,500,000 max- motor carrier inventory for the 3-year period new allocation formula has not been estab- imum aggregate amount for core deploy- prior to the date of enactment of this Act; lished. ment.’’; and (4) the number of international border in- (b) BEGINNING WITH NEW ALLOCATION FOR- (ii) in paragraph (3), by adding at the end spection facilities and border crossings by MATION.— the following: ‘‘Funds may also be used for commercial vehicles in each State; and (1) IN GENERAL.—Subject to paragraphs (2) planning activities, including the develop- (5) any other factors the Secretary con- and (3)(B), beginning on the date that a new ment or updating of program or top level de- siders appropriate. allocation formula is established under sec- sign plans.’’; and (d) FUNDING AMOUNTS PRIOR TO DEVELOP- tion 2508, upon the request of a State, the (B) in subsection (d)(4), by adding at the MENT OF A NEW ALLOCATION FORMULA.— Secretary may modify the baseline mainte- end the following: ‘‘Funds may also be used (1) INTERIM FORMULA.—Prior to the devel- nance of effort required by section 31102(e) of for planning activities, including the devel- opment of the new allocation formula, the title 49, United States Code, as amended by opment or updating of program or top level Secretary may calculate the interim funding section 32502 of this Act, for the purpose of design plans.’’. amounts for the motor carrier safety assist- establishing a new baseline maintenance of (2) INNOVATIVE TECHNOLOGY DEPLOYMENT ance program in fiscal year 2017 (and later effort if the Secretary determines that a PROGRAM.—For fiscal year 2016, the commer- fiscal years, as necessary) under section waiver or modification— cial vehicle information systems and net- 31104(a)(1) of title 49, United States Code, as (A) is equitable due to reasonable cir- amended by section 32502 of this Act, by the works deployment program under section cumstances; following methodology: 4126 of SAFETEA-LU (119 Stat. 1738; Public (B) will ensure the continuation of com- (A) The Secretary shall calculate the fund- Law 109—59) may also be referred to as the mercial motor vehicle enforcement activi- ing amount using the allocation formula the innovative technology deployment program. ties in the State; and Secretary used to award motor carrier safety SEC. 32508. MOTOR CARRIER SAFETY ASSIST- (C) is necessary to ensure that the total assistance program funding in fiscal year ANCE PROGRAM ALLOCATION. amount of State maintenance of effort and 2016 under section 2507 of this Act. (a) WORKING GROUP.— matching expenditures required under sec- (B) The Secretary shall average the fund- (1) ESTABLISHMENT.—Not later than 180 tions 31102 and 31104 of title 49, United States ing awarded or other equitable amounts to a days after the date of enactment of this Act, Code, as amended by section 32502 of this State in fiscal years 2013, 2014, and 2015 for the Secretary shall establish a motor carrier Act, does not exceed a sum greater than the safety assistance program formula working border enforcement grants awarded under section 32603(c) of MAP-21 (126 Stat. 807; Pub- average of the total amount of State mainte- group (referred to in this section as the nance of effort and matching expenditures ‘‘working group’’. lic Law 112—141) and new entrant audit grants awarded under that section, or other for the 3 fiscal years prior to the date of en- (2) MEMBERSHIP.— actment of this Act. (A) IN GENERAL.—Subject to subparagraph equitable amounts. (2) ADJUSTMENT METHODOLOGY.—If re- (B), the working group shall consist of rep- (C) The Secretary shall add the amounts calculated in subparagraphs (A) and (B). quested by a State, the Secretary may mod- resentatives of the following: ify the maintenance of effort baseline ac- (2) ADJUSTMENTS.—Subject to the avail- (i) The Federal Motor Carrier Safety Ad- cording to the following methodology: ministration. ability of funding and notwithstanding fluc- tuations in the data elements used by the (A) The Secretary shall establish the main- (ii) The lead State commercial motor vehi- tenance of effort using the average of fiscal cle safety agencies responsible for admin- Secretary, the initial amounts resulting from the calculation described in paragraph years 2004 and 2005, as required by section istering the plan required by section 31102 of 32601(a)(5) of MAP-21 (Public Law 112—141). title 49, United States Code. (1) shall be adjusted to ensure that, for each State, the amount shall not be less than 97 (B) The Secretary shall calculate the aver- (iii) An organization representing State age required match by a lead State commer- agencies responsible for enforcing a program percent of the average amount of funding re- ceived or other equitable amounts in fiscal cial motor vehicle safety agency for fiscal for inspection of commercial motor vehicles. years 2013, 2014, and 2015 for motor carrier (iv) Such other persons as the Secretary years 2013, 2014, and 2015 for— (A) motor carrier safety assistance pro- safety assistance grants established at 20 considers necessary. percent by section 31103 of title 49, United (B) COMPOSITION.—Representatives of State gram funds awarded under section 32603(a) of MAP-21 (126 Stat. 807; Public Law 112–141); States Code, as that section was in effect on commercial motor vehicle safety agencies the day before the date of enactment of this shall comprise at least 51 percent of the (B) border enforcement grants awarded under section 32603(a) of MAP-21 (126 Stat. Act. membership. (C) The Secretary shall calculate the esti- (3) NEW ALLOCATION FORMULA.—The work- 807; Public Law 112–141); and (C) new entrant audit grants awarded mated match required under section 31104(b) ing group shall analyze requirements and of title 49, United States Code, as amended factors for a new motor carrier safety assist- under section 32603(a) of MAP-21 (126 Stat. 807; Public Law 112–141). by section 32502 of this Act. ance program allocation formula. (D) The Secretary will subtract the (3) IMMEDIATE RELIEF.—In developing the (4) RECOMMENDATION.—Not later than 1 amount in subparagraph (B) from the year after the date the working group is es- new allocation formula, the Secretary shall provide immediate relief for at least 3 fiscal amount in subparagraph (C) and— tablished under paragraph (1), the working (i) if the number is greater than 0, then the group shall make a recommendation to the years to all States currently subject to the withholding provisions of Motor Carrier Secretary shall subtract the number from Secretary regarding a new Motor Carrier the amount in subparagraph (A); or Safety Assistance Program allocation for- Safety Assistance Program funds for matters of noncompliance. (ii) if the number is not greater than 0, mula. then the Secretary shall calculate the main- (5) FACA EXEMPTION.—The Federal Advi- (4) FUTURE WITHHOLDINGS.—Beginning on the date that the new allocation formula is tenance of effort using the methodology in sory Committee Act (5 U.S.C. App.) shall not subparagraph (A). apply to the working group established implemented, the Secretary shall impose all (3) MAINTENANCE OF EFFORT AMOUNT.— under this subsection. future withholdings in accordance with sec- tion 31102(k) of title 49, United States Code, (A) IN GENERAL.—The Secretary shall use (6) PUBLICATION.—The Administrator of the the amount calculated in paragraph (2) as Federal Motor Carrier Safety Administra- as amended by section 32502 of this Act. (e) TERMINATION OF EFFECTIVENESS.—This the baseline maintenance of effort required tion shall publish on a public website sum- in section 31102(f) of title 49, United States maries of its meetings, and the final rec- section expires upon the implementation of a new Motor Carrier Safety Assistance Pro- Code, as amended by section 32502 of this ommendation provided to the Secretary. Act. (b) NOTICE OF PROPOSED RULEMAKING.— gram Allocation Formula. (B) DEADLINE.—If a State does not request After receiving the recommendation under SEC. 32509. MAINTENANCE OF EFFORT CALCULA- subsection (a)(4), the Secretary shall publish TION. a waiver or modification under this sub- in the Federal Register a notice seeking pub- (a) BEFORE NEW ALLOCATION FORMULA.— section before September 30 during the first lic comment on a new allocation formula for (1) FISCAL YEAR 2017.—If a new allocation fiscal year that the Secretary implements the motor carrier safety assistance program formula has not been established for fiscal the new allocation formula under section under section 31102 of title 49, United States year 2017, then, for fiscal year 2017, the Sec- 32508, the Secretary shall calculate the main- Code. retary of Transportation shall calculate the tenance of effort using the methodology in (c) BASIS FOR FORMULA.—The Secretary maintenance of effort required under section paragraph (2)(A) of this subsection. shall ensure that the new allocation formula 31102(f) of title 49, United States Code, as (4) MAINTENANCE OF EFFORT DESCRIBED.— is based on factors that reflect, at a min- amended by section 32502 of this Act, by The maintenance of effort calculated under imum— averaging the expenditures for fiscal years this section is the amount required under (1) the relative needs of the States to com- 2004 and 2005 required by section 32601(a)(5) of section 31102(f) of title 49, United States ply with section 31102 of title 49, United MAP-21 (Public Law 112—141), as that section Code, as amended by section 32502 of this States Code; was in effect on the day before the date of Act. (2) the relative administrative capacities enactment of this Act. (c) TERMINATION OF EFFECTIVENESS.—The of and challenges faced by States in com- (2) SUBSEQUENT FISCAL YEARS.—The Sec- authority under this section terminates ef- plying with section 31102 of title 49, United retary may use the methodology for calcu- fective on the date that the new mainte- States Code; lating the maintenance of effort for fiscal nance of effort is calculated based on the

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5984 CONGRESSIONAL RECORD — SENATE July 27, 2015 new allocation formula implemented under (3) research on the impact of excessive (1) conflict with existing non-Federal elec- section 32508. commuting on safety and commercial motor tronic screening systems, or create capabili- Subtitle F—Miscellaneous Provisions vehicle driver fatigue; ties already available; SEC. 32601. WINDSHIELD TECHNOLOGY. (4) the commuting practices of commercial (2) require additional statutory authority (a) IN GENERAL.—Not later than 180 days motor vehicle drivers and policies of motor to incorporate generated inspection data after the date of enactment of this Act, the carriers; into the safety measurement system or the Secretary shall revise the regulations in sec- (5) the Federal Motor Carrier Safety Ad- safety fitness determinations program; and tion 393.60(e) of title 49, Code of Federal Reg- ministration regulations, policies, and guid- (3) provide appropriate restrictions to spe- ulations (relating to the prohibition on ob- ance regarding driver commuting; and cifically address privacy concerns of affected structions to the driver’s field of view) to ex- (6) any other matters the Administrator motor carriers and operators. empt from that section the voluntary considers appropriate. SEC. 32609. MOTORCOACH HOURS OF SERVICE mounting on a windshield of vehicle safety (c) REPORT.—Not later than 18 months STUDY. technology likely to achieve a level of safety after the date of enactment of this Act, the (a) REQUIREMENT BEFORE IMPLEMENTING that is equivalent to or greater than the Administrator shall submit to Congress a re- NEW RULES.— level of safety that would be achieved absent port containing the findings under the study (1) IN GENERAL.—The Secretary may not the exemption. and any recommendations for legislative ac- amend, adjust, or revise the driver hours of (b) DEFINITION OF VEHICLE SAFETY TECH- tion concerning driver commuting. service regulations for motor carriers of pas- NOLOGY.—In this section, ‘‘vehicle safety SEC. 32606. HOUSEHOLD GOODS CONSUMER PRO- sengers, by rulemaking or any other means, technology’’ includes fleet-related incident TECTION WORKING GROUP. until the Secretary conducts a formal study management system, performance or behav- (a) WORKING GROUP.—The Secretary shall that properly accounts for operational dif- ior management system, speed management establish a working group for the purpose of ferences and variances in crash data for driv- system, lane departure warning system, for- developing recommendations on how to best ers in intercity motorcoach service and ward collision warning or mitigation system, convey to inexperienced consumers the in- interstate property carrier operations and active cruise control system, and any other formation such consumers need to know between segments of the intercity motor- technology that the Secretary considers ap- with respect to the Federal laws concerning coach industry. plicable. the interstate transportation of household (2) CONTENTS.—The study required under (c) RULE OF CONSTRUCTION.—For purposes goods by motor carrier. paragraph (1) shall include— of this section, any windshield mounted (b) MEMBERSHIP.—The Secretary shall en- (A) the impact of the current hours of serv- technology with a short term exemption sure that the working group is comprised of ice regulations for motor carriers of pas- under part 381 of title 49, Code of Federal individuals with expertise in consumer af- sengers on fostering safe operation of inter- Regulations, on the day before the date of fairs, educators with expertise in how people city motorcoaches; enactment of this Act, shall be considered learn most effectively, and representatives (B) the separation of the failures of the likely to achieve a level of safety that is of the household goods moving industry. current passenger carrier hours-of-service (c) RECOMMENDATIONS.— equivalent to or greater than the level of regulations and the lack of enforcement of (1) CONTENTS.—The recommendations de- safety that would be achieved absent an ex- the current regulations by Federal and State veloped by the working group shall include, emption under subsection (a). agencies; at a minimum, recommendations on— SEC. 32602. ELECTRONIC LOGGING DEVICES RE- (C) the correlation of noncompliance with (A) condensing publication ESA 03005 of QUIREMENTS. current passenger carrier hours of service the Federal Motor Carrier Safety Adminis- Section 31137(b) is amended— rule to passenger carrier accidents using tration into a format that is more easily (1) in paragraph (1)(C), by striking ‘‘apply data from 2000 through 2013; and used by consumers; to’’ and inserting ‘‘except as provided in (D) how passenger carrier crashes could (B) using state-of-the-art education tech- paragraph (3), apply to’’; and have been mitigated by any changes to pas- niques and technologies, including opti- (2) by adding at the end the following: senger carrier hours of service rules. ‘‘(3) EXCEPTION.—A motor carrier, when mizing the use of the Internet as an edu- (b) EMERGENCY REGULATIONS.—Nothing in transporting a motor home or recreation ve- cational tool; and this section may be construed to affect the hicle trailer within the definition of (C) reducing and simplifying the paper- Secretary’s existing authority to provide re- ‘driveaway-towaway operation’ (as defined in work required of motor carriers and shippers lief from the hours of service regulations in section 390.5 of title 49, Code of Federal Reg- in interstate transportation. the event of an emergency under section EADLINE.—Not later than one year ulations) may comply with the hours of serv- (2) D 390.232 of title 49, Code of Federal Regula- after the date of enactment of this Act, the ice requirements by requiring each driver to tions. use— working group shall make the recommenda- ‘‘(A) a paper record of duty status form; or tions described in paragraph (1) which the SEC. 32610. GAO REVIEW OF SCHOOL BUS SAFE- TY. ‘‘(B) an electronic logging device.’’. Secretary shall publish on a public website. Not later than 1 year after the date of en- SEC. 32603. LAPSE OF REQUIRED FINANCIAL SE- (d) REPORT.—Not later than 1 year after CURITY; SUSPENSION OF REGISTRA- the date on which the working group makes actment of this Act, the Comptroller General TION. its recommendations, the Secretary shall of the United States shall submit, to the Section 13906(e) is amended by inserting issue a report to Congress on the implemen- Committee on Commerce, Science, and ‘‘or suspend’’ after ‘‘revoke’’. tation of such recommendations. Transportation of the Senate and the Com- SEC. 32604. ACCESS TO NATIONAL DRIVER REG- (e) FEDERAL ADVISORY COMMITTEE ACT EX- mittee on Transportation and Infrastructure ISTER. EMPTION.—The Federal Advisory Committee of the House of Representatives, a review of Section 30305(b) is amended by adding at Act (5 U.S.C. App.) shall not apply to the the following: the end the following: working group established under this sec- (1) Existing Federal and State rules and ‘‘(13) The Administrator of the Federal tion. guidance, as of the date of the review, con- Motor Carrier Safety Administration may (f) TERMINATION.—The working group shall cerning school bus transportation of elemen- request the chief driver licensing official of a terminate 2 years after the date of enact- tary school and secondary school students State to provide information under sub- ment of this Act. engaging in home-to-school transport or section (a) of this section about an indi- SEC. 32607. INTERSTATE VAN OPERATIONS. other transport determined by the Comp- vidual in connection with a safety investiga- Section 4136 of SAFETEA-LU (Public Law troller General to be a routine part of kin- tion under the Administrator’s jurisdic- 109–59; 119 Stat. 1745; 49 U.S.C. 3116 note) is dergarten through grade 12 education, in- tion.’’. amended by inserting ‘‘with the exception of cluding regulations and guidance regarding SEC. 32605. STUDY ON COMMERCIAL MOTOR VE- commuter vanpool operations, which shall driver training programs, capacity require- HICLE DRIVER COMMUTING. remain exempt’’ before the period at the end. ments, programs for special needs students, (a) EFFECTS OF COMMUTING.—The Adminis- SEC. 32608. REPORT ON DESIGN AND IMPLEMEN- inspection standards, vehicle age require- trator of the Federal Motor Carrier Safety TATION OF WIRELESS ROADSIDE IN- ments, best practices, and public access to Administration shall conduct a study of the SPECTION SYSTEMS. inspection results and crash records. effects of motor carrier operator commutes (a) IN GENERAL.—Not later than 180 days (2) Any correlation between public or pri- exceeding 150 minutes commuting time on after the date of enactment of this Act, the vate school bus fleet operators whose vehi- safety and commercial motor vehicle driver Secretary shall submit to the Committee on cles are involved in an accident as defined by fatigue. Commerce, Science, and Transportation of section 390.5 of title 49, Code of Federal Reg- (b) STUDY.—In conducting the study, the the Senate and the Committee on Transpor- ulations, and each of the following: Administrator shall consider— tation and Infrastructure of the House of (A) A failure by those same operators of (1) the prevalence of driver commuting in Representatives a report regarding the de- State or local safety inspections. the commercial motor vehicle industry, in- sign, development, testing, and implementa- (B) The average age or odometer readings cluding the number and percentage of drivers tion of wireless roadside inspection systems. of the school buses in the fleets of such oper- who commute; (b) ELEMENTS.—The report required under ators. (2) the distances traveled, time zones subsection (a) shall include a determination (C) Violations of Federal laws adminis- crossed, time spent commuting, and methods as to whether wireless roadside inspection tered by the Department of Transportation, of transportation used; systems— or of State law equivalents of such laws.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S5985 (D) Violations of State or local law relat- (ii) utilize hair testing assays that have (2) under section 212 of the Internal Rev- ing to illegal passing of a school bus. been cleared by the Food and Drug Adminis- enue Code of 1986 as a production of income (3) A regulatory framework comparison of tration under section 510(k) of the Federal expense. public and private school bus operations. Food, Drug and Cosmetic Act (21 U.S.C. SEC. 33102. ENHANCED REPORTING. (4) Expert recommendations on best prac- 360(k)). Section 5121(h) is amended by striking tices for safe and reliable school bus trans- (3) DEADLINE FOR DECISIONS.—Not later ‘‘transmit to the Committee on Transpor- portation, including driver training pro- than 90 days after receiving an application tation and Infrastructure of the House of grams, inspection standards, school bus age from a motor carrier under this subsection, Representatives and the Committee on Com- and odometer reading maximums for retire- the Administrator, in consultation with the merce, Science, and Transportation of the ment, the percentage of buses in a local bus Secretary of Health and Human Services, Senate’’ and inserting ‘‘post on the Depart- fleet needed as spare buses, and capacity lev- shall determine whether the motor carrier is ment of Transportation public website’’. els per school bus for different age groups. exempt from the testing requirements de- SEC. 33103. HAZARDOUS MATERIAL INFORMA- SEC. 32611. USE OF HAIR TESTING FOR PRE- scribed in paragraph (1). TION. EMPLOYMENT AND RANDOM CON- (4) REPORTING REQUIREMENT.—Any motor (a) DERAILMENT DATA.— TROLLED SUBSTANCES TESTS. carrier that is granted an exemption under (1) IN GENERAL.—Not later than 180 days (a) SHORT TITLE.—This section may be paragraph (1) shall submit records to the na- after the date of enactment of this Act, the cited as the ‘‘Drug Free Commercial Driver tional clearinghouse established under sec- Secretary shall revise the form for reporting Act of 2015’’. tion 31306a of title 49, United States Code, re- a rail equipment accident or incident under (b) AUTHORIZATION OF HAIR TESTING AS AN lating to all positive test results and test re- section 225.21 of title 49, Code of Federal Reg- ACCEPTABLE PROCEDURE FOR PREEMPLOYMENT fusals from the hair testing program de- ulations (Form FRA F 6180.54, Rail Equip- AND RANDOM CONTROLLED SUBSTANCE scribed in that paragraph. ment Accident/Incident Report), including to TESTS.—Section 31306 is amended— (d) GUIDELINES FOR HAIR TESTING.—Not its instructions, to require additional data (1) in subsection (b)(1)— later than 1 year after the date of the enact- concerning rail cars carrying crude oil or (A) by redesignating subparagraph (B) as ment of this Act, the Secretary of Health ethanol that are involved in a reportable rail subparagraph (C); and and Human Services shall issue scientific equipment accident or incident under part (B) in subparagraph (A), by striking ‘‘The and technical guidelines for hair testing as a 225 of that title. regulations shall permit such motor carriers method of detecting the use of a controlled (2) CONTENTS.—The data under subsection to conduct preemployment testing of such substance for purposes of section 31306 of (a) shall include— employees for the use of alcohol.’’ and in- title 49, United States Code, as amended by (A) the number of rail cars carrying crude serting the following: subsection (b). When issuing the scientific oil or ethanol; ‘‘(B) The regulations prescribed under sub- and technical guidelines, the Secretary of (B) the number of rail cars carrying crude paragraph (A) shall permit motor carriers— oil or ethanol damaged or derailed; and ‘‘(i) to conduct preemployment testing of Health and Human Services may consider differentiating between exposure to, and (C) the number of rail cars releasing crude commercial motor vehicle operators for the oil or ethanol. use of alcohol; and usage of, various controlled substances. (e) ANNUAL REPORT TO CONGRESS.—The (3) DIFFERENTIATION.—The data described ‘‘(ii) to use hair testing as an acceptable Secretary shall submit an annual report to in paragraph (2) shall be reported separately alternative to urinalysis— Congress that— for crude oil and for ethanol. ‘‘(I) in conducting preemployment screen- (b) DATABASE CONNECTIVITY.— (1) summarizes the results of preemploy- ing for the use of a controlled substance; and (1) IN GENERAL.—Not later than 180 days ment and random drug testing using both ‘‘(II) in conducting random screening for after the date of enactment of this Act, the hair testing and urinalysis; the use of a controlled substance by individ- Secretary shall implement information man- (2) evaluates the efficacy of each method; uals who were subject to preemployment agement practices to ensure that the Pipe- and screening.’’; and line and Hazardous Materials Safety Admin- (3) determines which method provides the (2) in subsection (c)(2)— istration Hazardous Materials Incident Re- most accurate means of detecting the use of (A) in subparagraph (B), by striking ‘‘and’’ ports Database (referred to in this section as controlled substances over time. at the end; ‘‘Incident Reports Database’’) and the Fed- (B) in subparagraph (C), by inserting ‘‘and’’ TITLE XXXIII—HAZARDOUS MATERIALS eral Railroad Administration Railroad Safe- after the semicolon; and SEC. 33101. ENDORSEMENTS. ty Information System contain accurate and (C) by adding at the end the following: (a) EXCLUSIONS.—Section 5117(d)(1) is consistent data on a reportable rail equip- ‘‘(D) laboratory protocols and cut-off levels amended— ment accident or incident under part 225 of for hair testing to detect the use of a con- (1) in subparagraph (B), by striking ‘‘and’’ title 49, Code of Federal Regulations, involv- trolled substance;’’. at the end; ing the release of hazardous materials. (c) EXEMPTION FROM MANDATORY URINAL- (2) in subparagraph (C), by striking the pe- (2) IDENTIFIERS.—The Secretary shall en- YSIS.— riod at the end and inserting ‘‘; and’’; and sure that the Incident Reports Database uses (1) IN GENERAL.—Any motor carrier that (3) by adding at the end the following: a searchable Federal Railroad Administra- demonstrates, to the satisfaction of the Ad- ‘‘(D) a service vehicle (as defined in section tion report number, or other applicable ministrator of the Federal Motor Carrier 33101 of the Comprehensive Transportation unique identifier that is linked to the Fed- Safety Administration, in consultation with and Consumer Protection Act of 2015) car- eral Railroad Safety Information System, the Department of Health and Human Serv- rying diesel fuel in quantities of 3,785 liters for each reportable rail equipment accident ices, that it can carry out an applicable hair (1,000 gallons) or less that is— or incident under part 225 of title 49, Code of testing program, consistent with generally ‘‘(i) driven by a class A commercial driv- Federal Regulations, involving the release of accepted industry standards, to detect the er’s license holder who is a custom har- hazardous materials. use of a controlled substance by commercial vester, an agricultural retailer, an agricul- (c) EVALUATION.— motor vehicle operators, may apply to the tural business employee, an agricultural co- (1) IN GENERAL.—The Department of Trans- Administrator for an exemption from the operative employee, or an agricultural pro- portation Inspector General shall— mandatory urinalysis testing requirements ducer; and (A) evaluate the accuracy of information set forth in subpart C of part 382 of title 49, ‘‘(ii) clearly marked with a placard reading in the Incident Reports Database, including Code of Federal Regulations until a final ‘Diesel Fuel’.’’. determining whether any inaccuracies exist rule is issued implementing the amendments (b) HAZARDOUS MATERIALS ENDORSEMENT in— made by subsection (b). EXEMPTION.—The Secretary shall exempt all (i) the type of hazardous materials re- (2) EVALUATION OF APPLICATIONS.— class A commercial driver’s license holders leased; (A) IN GENERAL.—In evaluating applica- who are custom harvesters, agricultural re- (ii) the quantity of hazardous materials re- tions for an exemption under paragraph (1), tailers, agricultural business employees, ag- leased; the Administrator, in consultation with the ricultural cooperative employees, or agricul- (iii) the location of hazardous materials re- Department of Health and Human Services, tural producers from the requirement to ob- leased; shall determine if the applicant’s testing tain a hazardous materials endorsement (iv) the damages or effects of hazardous program employs procedures and protections under part 383 of title 49, Code of Federal materials released; and similar to fleets that have carried out hair Regulations, while operating a service vehi- (v) any other data contained in the data- testing programs for at least 1 year. cle carrying diesel fuel in quantities of 3,785 base; and (B) REQUIREMENTS.—A testing program liters (1,000 gallons) or less if the tank con- (B) considering the requirements in sub- may not receive an exemption under para- taining such fuel is clearly marked with a section (b), evaluate the consistency and ac- graph (1) unless the applicable testing lab- placard reading ‘‘Diesel Fuel’’. curacy of data involving accidents or inci- oratories— (c) DEFINITION OF SERVICE VEHICLE.—In dents reportable to both the Pipeline and (i) have obtained laboratory accreditation this section, the term ‘‘service vehicle’’ Hazardous Materials Safety Administration specific to hair testing from an accrediting means a vehicle carrying diesel fuel that will and the Federal Railroad Administration, in- body, compliant with international or other be deductible as a profit-seeking activity— cluding whether the Incident Reports Data- Federal standards, as appropriate, such as (1) under section 162 of the Internal Rev- base uses a searchable identifier described in the College of American Pathologists; and enue Code of 1986 as a business expense; or subsection (b)(2).

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(2) REPORT.—Not later than 18 months TITLE XXXIV—HIGHWAY AND MOTOR cordance with regulations issued by the Sec- after the date of enactment of this Act, the VEHICLE SAFETY retary. Department of Transportation Inspector Subtitle A—Highway Traffic Safety (e) STATE MATCHING REQUIREMENTS.—If a General shall submit to the Committee on PART I—HIGHWAY SAFETY grant awarded under this subtitle requires a Commerce, Science, and Transportation of State to share in the cost, the aggregate of SEC. 34101. AUTHORIZATION OF APPROPRIA- the Senate and the Committee on Transpor- TIONS. all expenditures for highway safety activi- tation and Infrastructure of the House of (a) IN GENERAL.—The following sums are ties made during any fiscal year by the State Representatives a report of the findings authorized to be appropriated out of the and its political subdivisions (exclusive of under subparagraphs (A) and (B) of para- Highway Trust Fund (other than the Mass Federal funds) for carrying out the grant graph (1) and recommendations for resolving Transit Account): (other than planning and administration) any inconsistencies or inaccuracies. (1) HIGHWAY SAFETY PROGRAMS.—For car- shall be available for the purpose of cred- (d) SAVINGS CLAUSE.—Nothing in this sec- rying out section 402 of title 23, United iting the State during such fiscal year for tion may be construed to prohibit the Sec- States Code— the non-Federal share of the cost of any retary from requiring other commodity-spe- (A) $243,526,500 for fiscal year 2016; project under this subtitle (other than plan- cific information for any reportable rail (B) $252,267,972 for fiscal year 2017; ning or administration) without regard to equipment accident or incident under part (C) $261,229,288 for fiscal year 2018; whether such expenditures were actually 225 of title 49, Code of Federal Regulations. (D) $270,415,429 for fiscal year 2019; made in connection with such project. (f) GRANT APPLICATION AND DEADLINE.—To SEC. 33104. NATIONAL EMERGENCY AND DIS- (E) $279,831,482 for fiscal year 2020; and ASTER RESPONSE. (F) $289,482,646 for fiscal year 2021. receive a grant under this subtitle, a State (2) HIGHWAY SAFETY RESEARCH AND DEVEL- shall submit an application, and the Sec- (a) PURPOSE.—Section 5101 is amended by retary shall establish a single deadline for inserting and ‘‘and to facilitate the safe OPMENT.—For carrying out section 403 of such applications to enable the award of movement of hazardous materials during na- title 23, United States Code— grants early in the next fiscal year. tional emergencies’’ after ‘‘commerce’’. (A) $137,835,000 for fiscal year 2016; (B) $140,729,535 for fiscal year 2017; (g) TRANSFERS.—Section 405(a)(1)(G) of ENERAL REGULATORY AUTHORITY.— (b) G (C) $143,684,855 for fiscal year 2018; title 23, United States Code, is amended to Section 5103 is amended— (D) $146,702,237 for fiscal year 2019; read as follows: (1) by redesignating subsections (c) and (d) (E) $149,782,984 for fiscal year 2020; and ‘‘(G) TRANSFERS.—Notwithstanding sub- as subsections (d) and (e), respectively; and (F) $152,928,427 for fiscal year 2021. paragraphs (A) through (F), the Secretary (2) by inserting after subsection (b) the fol- (3) NATIONAL PRIORITY SAFETY PROGRAMS.— shall reallocate, before the last day of any lowing: For carrying out section 405 of title 23, fiscal year, any amounts remaining available ‘‘(c) FEDERALLY DECLARED DISASTER AND United States Code— of the amounts allocated to carry out any of EMERGENCY AREAS.—The Secretary, in con- (A) $274,720,000 for fiscal year 2016; the activities described in subsections (b) sultation with the Secretary of Homeland (B) $277,467,200 for fiscal year 2017; through (g) to increase the amount made Security, may prescribe standards to facili- (C) $280,241,872 for fiscal year 2018; available to carry out section 402, in order to tate the safe movement of hazardous mate- (D) $283,044,291 for fiscal year 2019; ensure, to the maximum extent possible, rials into, from, and within a federally de- (E) $285,874,734 for fiscal year 2020; and that all such amounts are obligated during clared disaster area or a national emergency (F) $288,733,481 for fiscal year 2021. such fiscal year.’’. area.’’. (4) NATIONAL DRIVER REGISTER.—For the SEC. 34102. HIGHWAY SAFETY PROGRAMS. SEC. 33105. AUTHORIZATION OF APPROPRIA- National Highway Traffic Safety Adminis- (a) RESTRICTION.—Section 402(g) of title 23, TIONS. tration to carry out chapter 303 of title 49, United States Code, is amended to read as Section 5128 is amended to read as follows: United States Code— follows: (A) $5,105,000 for fiscal year 2016; ‘‘§ 5128. Authorization of appropriations ‘‘(g) RESTRICTION.—Nothing in this section (B) $5,212,205 for fiscal year 2017; may be construed to authorize the appropria- ‘‘(a) IN GENERAL.—There are authorized to (C) $5,321,661 for fiscal year 2018; tion or expenditure of funds for highway con- be appropriated to the Secretary to carry (D) $5,433,416 for fiscal year 2019; struction, maintenance, or design (other out this chapter (except sections 5107(e), (E) $5,547,518 for fiscal year 2020; and than design of safety features of highways to 5108(g)(2), 5113, 5115, 5116, and 5119)— (F) $5,664,016 for fiscal year 2021. be incorporated into guidelines).’’. ‘‘(1) $43,660,000 for fiscal year 2016; (5) HIGH VISIBILITY ENFORCEMENT PRO- (b) USE OF FUNDS.— ‘‘(2) $44,577,000 for fiscal year 2017; GRAM.—For carrying out section 2009 of (1) HIGHWAY SAFETY PROGRAMS.—Section ‘‘(3) $45,513,000 for fiscal year 2018; SAFETEA–LU (23 U.S.C. 402 note)— 402(c)(2) of title 23, United States Code, is ‘‘(4) $46,469,000 for fiscal year 2019; (A) $29,290,000 for fiscal year 2016; amended by inserting ‘‘A State may provide ‘‘(5) $47,445,000 for fiscal year 2020; and (B) $29,582,900 for fiscal year 2017; the funds apportioned under this section to a ‘‘(6) $48,441,000 for fiscal year 2021. (C) $29,878,729 for fiscal year 2018; political subdivision of a State, including In- ‘‘(b) HAZARDOUS MATERIALS EMERGENCY (D) $30,177,516 for fiscal year 2019; dian tribal governments.’’ after ‘‘neighboring PREPAREDNESS FUND.—From the Hazardous (E) $30,479,291 for fiscal year 2020; and States.’’. Materials Emergency Preparedness Fund es- (F) $30,784,084 for fiscal year 2021. (2) NATIONAL PRIORITY SAFETY PROGRAMS.— tablished under section 5116(i), the Secretary (6) ADMINISTRATIVE EXPENSES.—For admin- Section 405(a)(1) is amended by adding at the may expend, during each of fiscal years 2016 istrative and related operating expenses of end the following: through 2021— the National Highway Traffic Safety Admin- ‘‘(I) POLITICAL SUBDIVISIONS.—A State may ‘‘(1) $188,000 to carry out section 5115; istration in carrying out chapter 4 of title 23, provide the funds awarded under this section ‘‘(2) $21,800,000 to carry out subsections (a) United States Code, and this subtitle— to a political subdivision of a State, includ- and (b) of section 5116, of which not less than (A) $25,755,000 for fiscal year 2016; ing Indian tribal governments.’’. $13,650,000 shall be available to carry out sec- (B) $26,012,550 for fiscal year 2017; (c) TRACKING PROCESS.—Section 412 of title tion 5116(b); (C) $26,272,676 for fiscal year 2018; 23, United States Code, is amended by adding ‘‘(3) $150,000 to carry out section 5116(f); (D) $26,535,402 for fiscal year 2019; at the end the following: ‘‘(4) $625,000 to publish and distribute the (E) $26,800,756 for fiscal year 2020; and ‘‘(f) TRACKING PROCESS.—The Secretary Emergency Response Guidebook under sec- (F) $27,068,764 for fiscal year 2021. shall develop a process to identify and miti- (b) PROHIBITION ON OTHER USES.—Except as tion 5116(i)(3); and gate possible systemic issues across States otherwise provided in chapter 4 of title 23, ‘‘(5) $1,000,000 to carry out section 5116(j). and regional offices by reviewing oversight United States Code, in this subtitle, and in ‘‘(c) HAZARDOUS MATERIALS TRAINING findings and recommended actions identified the amendments made by this subtitle, the GRANTS.—From the Hazardous Materials in triennial State management reviews.’’. Emergency Preparedness Fund established amounts made available from the Highway Trust Fund (other than the Mass Transit Ac- (d) HIGHWAY SAFETY PLANS.—Section pursuant to section 5116(i), the Secretary count) for a program under such chapter— 402(k)(5)(A) of title 23, United States Code, is may expend $4,000,000 for each of the fiscal (1) shall only be used to carry out such pro- amended by striking ‘‘60’’ and inserting ‘‘45’’. years 2016 through 2021 to carry out section gram; and (e) MAINTENANCE OF EFFORT.—Section 5107(e). (2) may not be used by States or local gov- 405(a)(1)(H) of title 23, United States Code, is ‘‘(d) CREDITS TO APPROPRIATIONS.— ernments for construction purposes. amended to read as follows: ‘‘(1) EXPENSES.—In addition to amounts (c) APPLICABILITY OF TITLE 23.—Except as ‘‘(H) MAINTENANCE OF EFFORT CERTIFI- otherwise made available to carry out this otherwise provided in chapter 4 of title 23, CATION.—As part of the grant application re- chapter, the Secretary may credit amounts United States Code, and in this subtitle, quired in section 402(k)(3)(F), a State receiv- received from a State, Indian tribe, or other amounts made available under subsection (a) ing a grant in any fiscal year under sub- public authority or private entity for ex- for fiscal years 2016 through 2021 shall be section (b), subsection (c), or subsection (d) penses the Secretary incurs in providing available for obligation in the same manner of this section shall provide certification training to the State, authority, or entity. as if such funds were apportioned under that the lead State agency responsible for ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts chapter 1 of title 23, United States Code. programs described in any of those sections made available under this section shall re- (d) REGULATORY AUTHORITY.—Grants is maintaining aggregate expenditures at or main available until expended.’’. awarded under this subtitle shall be in ac- above the average level of such expenditures

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in the 2 fiscal years prior to the date of en- ‘‘(1) 24–7 SOBRIETY PROGRAM.—The term ‘24– Policy, the Secretary of Health and Human actment of the Comprehensive Transpor- 7 sobriety program’ has the meaning given Services, State highway safety offices, and tation and Consumer Protection Act of the term in section 405(d)(7)(A).’’; other interested parties, as determined by 2015.’’. (3) in paragraph (5), as redesignated— the Administrator, shall identify and carry (A) in the matter preceding subparagraph out additional actions that should be under- SEC. 34103. GRANTS FOR ALCOHOL-IGNITION INTERLOCK LAWS AND 24–7 SOBRI- (A), by inserting ‘‘or combination of laws or taken by the Administration to assist States ETY PROGRAMS. programs’’ after ‘‘State law’’; and in their efforts to increase public awareness (B) by amending subparagraph (A) to read of the dangers of drug-impaired driving, in- Section 405(d) of title 23, United States as follows: cluding the dangers of driving while under Code, is amended— ‘‘(A) receive, for a period of not less than 1 the influence of heroin or prescription (1) in paragraph (6)— year— opioids. (A) by amending the heading to read as fol- ‘‘(i) a suspension of all driving privileges; (b) REPORT.—Not later than 60 days after lows: ‘‘ADDITIONAL GRANTS.—’’; ‘‘(ii) a restriction on driving privileges the date of enactment of this Act, the Ad- (B) in subparagraph (A), by amending the that limits the individual to operating only ministrator shall submit a report to the heading to read as follows: ‘‘GRANTS TO motor vehicles with an ignition interlock de- Committee on Commerce, Science, and STATES WITH ALCOHOL-IGNITION INTERLOCK vice installed, unless a special exception ap- Transportation of the Senate and the Com- LAWS.—’’; plies; mittee on Transportation and Infrastructure (C) by redesignating subparagraphs (B) ‘‘(iii) a restriction on driving privileges of the House of Representatives that de- through (D) as subparagraphs (C) through that limits the individual to operating motor scribes the additional actions undertaken by (E), respectively; vehicles only if participating in, and com- the Administration pursuant to subsection (D) by inserting after subparagraph (A), plying with, a 24-7 sobriety program; or (a). the following: ‘‘(iv) any combination of clauses (i) SEC. 34107. IMPROVEMENT OF DATA COLLECTION ‘‘(B) GRANTS TO STATES WITH 24–7 SOBRIETY through (iii);’’; ON CHILD OCCUPANTS IN VEHICLE PROGRAMS.—The Secretary shall make a sep- (C) by striking subparagraph (B); CRASHES. arate grant under this subsection to each (D) by redesignating subparagraphs (C) and (a) IN GENERAL.—Not later than 1 year State that— (D) as subparagraphs (B) and (C), respec- after the date of enactment of this Act, the ‘‘(i) adopts and is enforcing a law that re- tively; and Secretary shall revise the crash investiga- quires all individuals convicted of driving (E) in subparagraph (C), as redesignated— tion data collection system of the National under the influence of alcohol or of driving (i) in clause (i)— Highway Traffic Safety Administration to while intoxicated to receive a restriction on (I) in subclause (I), by striking ‘‘; or’’ and include the collection of the following data driving privileges; and inserting a semicolon; in connection with vehicle crashes whenever ‘‘(ii) provides a 24–7 sobriety program.’’; (II) in subclause (II), by striking ‘‘; and’’; a child restraint system was in use in a vehi- (E) in subparagraph (C), as redesignated, and inserting ‘‘; or’’; and cle involved in a crash: by inserting ‘‘and subparagraph (B)’’ after (III) by adding at the end the following: (1) The type or types of child restraint sys- ‘‘subparagraph (A)’’; ‘‘(III) the State certifies that the general tems in use during the crash in any vehicle (F) in subparagraph (D), as redesignated, practice is that such an individual will be in- involved in the crash, including whether a by inserting ‘‘and subparagraph (B)’’ after carcerated; and’’; and five-point harness or belt-positioning boost- ‘‘subparagraph (A)’’; (ii) in clause (ii)— er. (G) by amending subparagraph (E), as re- (I) in subclause (I), by striking ‘‘; or’’ and (2) If a five-point harness child restraint designated, to read as follows: inserting a semicolon; system was in use during the crash, whether ‘‘(E) FUNDING.— (II) in subclause (II), by striking ‘‘; and’’; the child restraint system was forward-fac- ‘‘(i) FUNDING FOR GRANTS TO STATES WITH and inserting ‘‘; or’’; and ing or rear-facing in the vehicle concerned. ALCOHOL-IGNITION INTERLOCK LAWS.—Not (III) by adding at the end the following: (b) CONSULTATION.—In implementing sub- more than 12 percent of the amounts made ‘‘(III) the State certifies that the general section (a), the Secretary shall work with available to carry out this subsection in a practice is that such an individual will re- law enforcement officials, safety advocates, fiscal year shall be made available by the ceive approximately 10 days of incarcer- the medical community, and research orga- Secretary for making grants under subpara- ation.’’; and nizations to improve the recordation of data graph (A). (4) by adding at the end— described in subsection (a) in police and ‘‘(ii) FUNDING FOR GRANTS TO STATES WITH other applicable incident reports. ‘‘(6) SPECIAL EXCEPTION.—The term ‘special 24–7 SOBRIETY PROGRAMS.—Not more than 3 (c) REPORT.—Not later than 3 years after exception’ means an exception under a State percent of the amounts made available to the date of enactment of this Act, the Sec- alcohol-ignition interlock law for the fol- carry out this subsection in a fiscal year retary shall submit to the Committee on lowing circumstances: shall be made available by the Secretary for Commerce, Science, and Transportation of ‘‘(A) The individual is required to operate making grants under subparagraph (B).’’; the Senate and the Committee on Energy an employer’s motor vehicle in the course and and Commerce of the House of Representa- and scope of employment and the business (H) by adding at the end the following: tives a report on child occupant crash data entity that owns the vehicle is not owned or ‘‘(F) EXCEPTIONS.—A State alcohol-ignition collection in the crash investigation data controlled by the individual. interlock law under subparagraph (A) may collection system of the National Highway ‘‘(B) The individual is certified by a med- include exceptions for the following cir- Traffic Safety Administration pursuant to ical doctor as being unable to provide a deep cumstances: the revision required by subsection (a). lung breath sample for analysis by an igni- ‘‘(i) The individual is required to operate tion interlock device.’’. PART II—STOP MOTORCYCLE an employer’s motor vehicle in the course CHECKPOINT FUNDING ACT and scope of employment and the business SEC. 34105. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL AND DRUG SEC. 34121. SHORT TITLE. entity that owns the vehicle is not owned or USE BY DRIVERS. This part may be cited as the ‘‘Stop Motor- controlled by the individual. Not later than 180 days after the date that cycle Checkpoint Funding Act’’. ‘‘(ii) The individual is certified by a med- the Comptroller General reviews and reports SEC. 34122. GRANT RESTRICTION. ical doctor as being unable to provide a deep on the overall value of the National Roadside Notwithstanding section 153 of title 23, lung breath sample for analysis by an igni- Survey to researchers and other public safe- United States Code, the Secretary may not tion interlock device.’’; and ty stakeholders, the differences between a provide a grant or any funds to a State, (2) in paragraph (7)(A)— National Roadside Survey site and typical county, town, township, Indian tribe, mu- (A) in the matter preceding clause (i)— law enforcement checkpoints, and the effec- nicipality, or other local government that (i) by striking ‘‘or a State agency’’ and in- tiveness of the National Roadside Survey may be used for any program— serting ‘‘or an agency with jurisdiction’’; and methodology at protecting the privacy of the (1) to check helmet usage; or (ii) by inserting ‘‘bond,’’ before ‘‘sentence’’; driving public, as requested by the Com- (2) to create checkpoints that specifically (B) in clause (i), by striking ‘‘who plead mittee on Appropriations of the Senate on target motorcycle operators or motorcycle guilty or’’ and inserting ‘‘who was arrested, June 5, 2014 (Senate Report 113–182), the Sec- passengers. plead guilty, or’’; and retary shall report to Congress on the Na- (C) in clause (ii), by inserting ‘‘at a testing tional Highway Traffic Safety Administra- PART III—IMPROVING DRIVER SAFETY location’’ after ‘‘per day’’. tion’s progress toward reviewing that report ACT OF 2015 and implementing any recommendations SEC. 34131. SHORT TITLE. SEC. 34104. REPEAT OFFENDER CRITERIA. made in that report. This part may be cited as the ‘‘Improving Section 164(a) of title 23, United States SEC. 34106. INCREASING PUBLIC AWARENESS OF Driver Safety Act of 2015’’. Code, is amended— THE DANGERS OF DRUG-IMPAIRED SEC. 34132. DISTRACTED DRIVING INCENTIVE (1) by redesignating paragraphs (1) through DRIVING. GRANTS. (4) as paragraphs (2) through (5), respec- (a) ADDITIONAL ACTIONS.—The Adminis- Section 405(e) of title 23, United States tively; trator of the National Highway Traffic Safe- Code, is amended— (2) by inserting before paragraph (2), as re- ty Administration, in consultation with the (1) in paragraph (1), by inserting ‘‘includes designated, the following: White House Office of National Drug Control distracted driving issues as part of the

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BARRIERS TO DATA COLLECTION RE- penalties imposed by State law, the granting ‘‘(C) establishes a minimum fine for a vio- PORT. of an unrestricted driver’s license be auto- lation of the statute; and’’; and Not later than 180 days after the date of matically delayed for any individual who, (C) by adding at the end the following: the enactment of this Act, the Adminis- during the learner’s permit or intermediate ‘‘(D) does not provide for an exception that trator of the National Highway Traffic Safe- stage, is convicted of a driving-related of- specifically allows a driver to use a personal ty Administration shall submit a report to fense during the first 6 months, including— wireless communications device for texting the Committee on Commerce, Science, and ‘‘(I) driving while intoxicated; while stopped in traffic.’’; Transportation of the Senate, the Com- ‘‘(II) misrepresentation of the individual’s (3) in paragraph (3)— mittee on Energy and Commerce of the age; (A) by amending subparagraph (A) to read House of Representatives, and the Com- ‘‘(III) reckless driving; as follows: mittee on Transportation and Infrastructure ‘‘(IV) driving without wearing a seat belt; ‘‘(A) prohibits the use of a personal wire- of the House of Representatives that— ‘‘(V) speeding; or less communications device while driving for (1) identifies any legal and technical bar- ‘‘(VI) any other driving-related offense, as drivers— riers to capturing adequate data on the prev- determined by the Secretary.’’. ‘‘(i) younger than 18 years of age; or alence of the use of wireless communications PART IV—TECHNICAL AND CONFORMING ‘‘(ii) in the learner’s permit and inter- devices while driving; and AMENDMENTS mediate license stages;’’; and (2) provides recommendations on how to SEC. 34141. TECHNICAL CORRECTIONS TO THE (B) by striking subparagraphs (C) and (D) address such barriers. MOTOR VEHICLE AND HIGHWAY and inserting the following: SEC. 34134. MINIMUM REQUIREMENTS FOR STATE SAFETY IMPROVEMENT ACT OF 2012. ‘‘(C) establishes a minimum fine for a vio- GRADUATED DRIVER LICENSING IN- (a) HIGHWAY SAFETY PROGRAMS.—Section lation of the statute; and CENTIVE GRANT PROGRAM. 402 of title 23, United States Code is amend- ‘‘(D) does not provide for an exception that Section 405(g)(2) of title 23, United States ed— specifically allows a driver to text through a Code, is amended— (1) in subsection (b)(1)(C), by striking ‘‘ex- personal wireless communications device (1) in subparagraph (A), by striking ‘‘21’’ cept as provided in paragraph (3),’’; while stopped in traffic.’’; and and inserting ‘‘18’’; and (2) in subsection (b)(1)(E)— (4) in paragraph (4)— (2) by amending subparagraph (B) to read (A) by striking ‘‘in which a State’’ and in- (A) in subparagraph (B)(ii), by striking as follows: serting ‘‘for which a State’’; and ‘‘and’’ at the end; ‘‘(B) LICENSING PROCESS.—A State is in (B) by striking ‘‘subsection (f)’’ and insert- (B) in subparagraph (C)— compliance with the 2-stage licensing proc- ing ‘‘subsection (k)’’; and (i) by striking ‘‘section 31152’’ and insert- ess described in this subparagraph if the (3) in subsection (k)(4), by striking ‘‘para- ing ‘‘section 31136’’; and State’s driver’s license laws include— graph (2)(A)’’ and inserting ‘‘paragraph (ii) by striking the period at the end and ‘‘(i) a learner’s permit stage that— (3)(A)’’. inserting ‘‘; and’’; and ‘‘(I) is at least 6 months in duration; (b) HIGHWAY SAFETY RESEARCH AND DEVEL- (C) by adding at the end the following: ‘‘(II) contains a prohibition on the driver OPMENT.—Section 403(e) of title 23, United ‘‘(D) any additional exceptions determined using a personal wireless communications States Code is amended by inserting ‘‘of title by the Secretary through the rulemaking device (as defined in subsection (e)) while 49’’ after ‘‘chapter 301’’. process.’’; driving except under an exception permitted (c) NATIONAL PRIORITY SAFETY PRO- (5) by amending paragraph (6) to read as under paragraph (4) of that subsection, and GRAMS.—Section 405 of title 23, United States follows: makes a violation of the prohibition a pri- Code is amended— ‘‘(6) ADDITIONAL DISTRACTED DRIVING mary offense; (1) in subsection (d)(5), by striking ‘‘section GRANTS.— ‘‘(III) requires applicants to successfully 402(c)’’ and inserting ‘‘section 402’’; and ‘‘(A) IN GENERAL.—Notwithstanding para- pass a vision and knowledge assessment (2) in subsection (f)(4)(A)(iv), by striking graph (1), the Secretary shall use up to 50 prior to receiving a learner’s permit; ‘‘developed under subsection (g)’’. percent of the amounts available for grants ‘‘(IV) requires that the driver be accom- Subtitle B—Vehicle Safety under this subsection to award grants to any panied and supervised at all times while the SEC. 34201. AUTHORIZATION OF APPROPRIA- State that— driver is operating a motor vehicle by a li- TIONS. ‘‘(i) in fiscal year 2017— censed driver who is at least 21 years of age (a) IN GENERAL.—Subject to subsection (b), ‘‘(I) certifies that it has enacted a basic or is a State-certified driving instructor; there is authorized to be appropriated to the text messaging statute that— ‘‘(V) has a requirement that the driver— Secretary to carry out chapter 301 of title 49, ‘‘(aa) is applicable to drivers of all ages; ‘‘(aa) complete a State-certified driver edu- and part C of subtitle VI of title 49, United and cation or training course; or States Code, amounts as follows: ‘‘(bb) makes violation of the basic text ‘‘(bb) obtain at least 50 hours of behind- (1) $132,730,000 for fiscal year 2016. messaging statute a primary offense or sec- the-wheel training, with at least 10 hours at (2) $135,517,330 for fiscal year 2017. ondary enforcement action as allowed by night, with a licensed driver; (3) $138,363,194 for fiscal year 2018. State statute; and ‘‘(VI) remains in effect until the driver— (4) $141,268,821 for fiscal year 2019. ‘‘(II) is otherwise ineligible for a grant ‘‘(aa) reaches 16 years of age and enters the (5) $144,235,466 for fiscal year 2020. under this subsection; and intermediate stage; or (6) $147,264,411 for fiscal year 2021. ‘‘(ii) in fiscal year 2018— ‘‘(bb) reaches 18 years of age; (b) ADDITIONAL AUTHORIZATION OF APPRO- ‘‘(I) meets the requirements under clause ‘‘(ii) an intermediate stage that— PRIATIONS IF A CERTIFICATION IS MADE.— (i); ‘‘(I) commences immediately after the ex- (1) IN GENERAL.—In addition to the ‘‘(II) imposes fines for violations; and piration of the learner’s permit stage and amounts authorized to be appropriated under ‘‘(III) has a statute that prohibits drivers successful completion of a driving skills as- subsection (a) to carry out chapter 301 of who are younger than 18 years of age from sessment; title 49, and part C of subtitle VI of title 49, using a personal wireless communications ‘‘(II) is at least 6 months in duration; United States Code, if the certification de- device while driving. ‘‘(III) prohibits the driver from using a per- scribed in paragraph (2) is made during a fis- ‘‘(B) USE OF GRANT FUNDS.— sonal wireless communications device (as de- cal year there is authorized to be appro- ‘‘(i) IN GENERAL.—Notwithstanding para- fined in subsection (e)) while driving except priated to the Secretary for that purpose for graph (5) and subject to clauses (ii) and (iii) under an exception permitted under para- that fiscal year and subsequent fiscal years of this subparagraph, amounts received by a graph (4) of that subsection, and makes a an additional amount as follows: State under subparagraph (A) may be used violation of the prohibition a primary of- (A) $46,270,000 for fiscal year 2016. for activities related to the enforcement of fense; (B) $51,537,670 for fiscal year 2017. distracted driving laws, including for public ‘‘(IV) for the first 6 month of the inter- (C) $57,296,336 for fiscal year 2018. information and awareness purposes. mediate stage, restricts driving at night be- (D) $62,999,728 for fiscal year 2019. ‘‘(ii) FISCAL YEAR 2017.—In fiscal year 2017, tween the hours of 10:00 p.m. and 5:00 a.m. (E) $69,837,974 for fiscal year 2020. up to 15 percent of the amounts received by when not supervised by a licensed driver 21 (F) $76,656,407 for fiscal year 2021. a State under subparagraph (A) may be used years of age or older, excluding transpor- (2) CERTIFICATION DESCRIBED.—The certifi- for any eligible project or activity under sec- tation to work, school, religious activities, cation described in this paragraph is a cer- tion 402. or emergencies; tification made by the Secretary and sub- ‘‘(iii) FISCAL YEAR 2018.—In fiscal year 2018, ‘‘(V) prohibits the driver from operating a mitted to Congress that the National High- up to 25 percent of the amounts received by motor vehicle with more than 1 nonfamilial way Traffic Safety Administration has im- a State under subparagraph (A) may be used passenger younger than 21 years of age un- plemented all of the recommendations in the

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As part of retary can take to improve public awareness vehicle type (passenger car, sport utility ve- the certification, the Secretary shall review and use of the websites for safety recall in- hicle, passenger van, and pick-up truck) for the actions the National Highway Traffic formation. each of the 5 years before the year the report Safety Administration has taken to imple- (c) PROMOTION OF PUBLIC AWARENESS.—Sec- is submitted; ment the recommendations and issue a re- tion 31301(c) of the Moving Ahead for (B) the methods by which the Secretary port to Congress detailing how the rec- Progress in the 21st Century Act (49 U.S.C. has conducted analyses of these recall com- ommendations were implemented. The Sec- 30166 note) is amended to read as follows: pletion rates to determine trends and iden- retary shall not delegate or assign the re- ‘‘(c) PROMOTION OF PUBLIC AWARENESS.— tify risk factors associated with lower recall sponsibility under this paragraph. The Secretary shall improve public aware- rates; and SEC. 34202. INSPECTOR GENERAL RECOMMENDA- ness of safety recall information made pub- (C) the actions the Secretary has planned TIONS. licly available by periodically updating the to improve recall completion rates based on (a) IN GENERAL.—Not later than 90 days method of conveying that information to the results of this data analysis. after the date of enactment of this Act, and consumers, dealers, and manufacturers, such (d) INSPECTOR GENERAL AUDIT OF VEHICLE periodically thereafter until the completion as through public service announcements.’’. RECALLS.— date, the Department of Transportation In- (d) CONSUMER GUIDANCE.—Not later than 1 (1) IN GENERAL.—The Department of Trans- spector General shall report to the appro- year after the date of enactment of this Act, portation Inspector General shall conduct an priate committees of Congress on whether the Secretary shall make available to the audit of the National Highway Traffic Safety and what progress has been made to imple- public on the Internet detailed guidance for Administration’s management of vehicle ment the recommendations in the Office of consumers submitting safety complaints, in- safety recalls. Inspector General Audit Report issued June cluding— (2) CONTENTS.—The audit shall include a 18, 2015 (ST-2015-063). (1) a detailed explanation of what informa- determination of whether the National High- (b) IMPLEMENTATION PROGRESS.—The Ad- tion a consumer should include in a com- way Traffic Safety Administration— ministrator of the National Highway Traffic plaint; and (A) appropriately monitors recalls to en- Safety Administration shall— (2) a detailed explanation of the possible sure the appropriateness of scope and ade- (1) not later than 90 days after the date of actions the National Highway Traffic Safety quacy of recall completion rates and rem- enactment of this Act, and periodically Administration can take to address a com- edies; thereafter until the completion date, provide plaint and respond to the consumer, includ- (B) ensures manufacturers provide safe a briefing to the appropriate committees of ing information on— remedies, at no cost to consumers; Congress on the actions the Administrator (A) the consumer records, such as photo- (C) is capable of coordinating recall rem- has taken to implement the recommenda- graphs and police reports, that could assist edies and processes; and tions in the audit report described in sub- with an investigation; and (D) can improve its policy on consumer no- section (a), including a plan for imple- (B) the length of time a consumer should tice to combat effects of recall fatigue. menting any remaining recommendations; retain the records described in subparagraph SEC. 34205. PILOT GRANT PROGRAM FOR STATE and (A). NOTIFICATION TO CONSUMERS OF (2) not later than 1 year after the date of (e) VIN SEARCH.— MOTOR VEHICLE RECALL STATUS. enactment of this Act, issue a final report to (1) IN GENERAL.—The Secretary, in coordi- (a) IN GENERAL.—Not later than October 1, the appropriate committees of Congress on nation with industry, including manufactur- 2016, the Secretary shall implement a 2-year the implementation of all of the rec- ers and dealers, shall study— pilot program to evaluate the feasibility and ommendations in the audit report described (A) the feasibility of searching multiple ve- effectiveness of a State process for informing in subsection (a). hicle identification numbers at a time to re- consumers of open motor vehicle recalls at (c) DEFINITIONS.—In this section: trieve motor vehicle safety recall informa- the time of motor vehicle registration in the (1) APPROPRIATE COMMITTEES OF CON- tion; and State. (b) GRANTS.—To carry out this program, GRESS.—The term ‘‘appropriate committees (B) the feasibility of making the search of Congress’’ means the Committee on Com- mechanism described under subparagraph the Secretary may make a grant to each eli- merce, Science, and Transportation of the (A) publicly available. gible State, but not more than 6 eligible Senate and the Committee on Energy and (2) CONSIDERATIONS.—In conducting the States in total, that agrees to comply with Commerce of the House of Representatives. study under paragraph (1), the Secretary the requirements under subsection (c). Funds made available to a State under this section (2) COMPLETION DATE.—The term ‘‘comple- shall consider the potential costs, and poten- tion date’’ means the date that the National tial risks to privacy and security in imple- shall be used by the State for the pilot pro- Highway Traffic Safety Administration has menting such a search mechanism. gram described in subsection (a). (c) ELIGIBILITY.—To be eligible for a grant, implemented all of the recommendations in SEC. 34204. RECALL PROCESS. a State shall— the Office of Inspector General Audit Report (a) NOTIFICATION IMPROVEMENT.— (1) submit an application in such form and issued June 18, 2015 (ST-2015-063). (1) IN GENERAL.—Not later than 270 days manner as the Secretary prescribes; SEC. 34203. IMPROVEMENTS IN AVAILABILITY OF after the date of enactment of this Act, the (2) agree to notify, at the time of registra- RECALL INFORMATION. Secretary shall prescribe a final rule revis- tion, each owner or lessee of a motor vehicle (a) VEHICLE RECALL INFORMATION.—Not ing the regulations under section 577.7 of presented for registration in the State of any later than 2 years after the date of enact- title 49, Code of Federal Regulations, to in- open recall on that vehicle; ment of this Act, the Secretary shall imple- clude notification by electronic means in ad- (3) provide the open motor vehicle recall ment current information technology, web dition to notification by first class mail. information at no cost to each owner or les- design trends, and best practices that will (2) DEFINITION OF ELECTRONIC MEANS.—In see of a motor vehicle presented for registra- help ensure that motor vehicle safety recall this subsection, the term ‘‘electronic means’’ tion in the State; and information available to the public on the includes electronic mail and may include (4) provide such other information as the Federal website is readily accessible and such other means of electronic notification, Secretary may require. easy to use, including— such as social media or targeted online cam- (d) AWARDS.—In selecting an applicant for (1) by improving the organization, avail- paigns, as determined by the Secretary. an award under this section, the Secretary ability, readability, and functionality of the (b) NOTIFICATION BY MANUFACTURER.—Sec- shall consider the State’s methodology for website; tion 30118(c) is amended by inserting ‘‘or determining open recalls on a motor vehicle, (2) by accommodating high-traffic volume; electronic mail’’ after ‘‘certified mail’’. for informing consumers of the open recalls, and (c) RECALL COMPLETION RATES REPORT.— and for determining performance. (3) by establishing best practices for sched- (1) IN GENERAL.—Not later than 1 year after (e) PERFORMANCE PERIOD.—Each grant uling routine website maintenance. the date of enactment of this Act, and bien- awarded under this section shall require a 2- (b) GOVERNMENT ACCOUNTABILITY OFFICE nially thereafter for 4 years, the Secretary year performance period. PUBLIC AWARENESS REPORT.— shall— (f) REPORT.—Not later than 90 days after (1) IN GENERAL.—The Comptroller General (A) conduct an analysis of vehicle safety the completion of the performance period shall study the current use by consumers, recall completion rates to assess potential under subsection (e), a grantee shall provide dealers, and manufacturers of the safety re- actions by the National Highway Traffic to the Secretary a report of performance call information made available to the pub- Safety Administration to improve vehicle containing such information as the Sec- lic, including the usability and content of safety recall completion rates; and retary considers necessary to evaluate the the Federal and manufacturers’ websites and (B) submit to the Committee on Com- extent to which open recalls have been rem- the National Highway Traffic Safety Admin- merce, Science, and Transportation of the edied. istration’s efforts to publicize and educate Senate and the Committee on Energy and (g) EVALUATION.—Not later than 180 days consumers about safety recall information. Commerce of the House of Representatives a after the completion of the pilot program, (2) REPORT.—Not later than 2 years after report on the results of the analysis. the Secretary shall evaluate the extent to the date of enactment of this Act, the Comp- (2) CONTENTS.—Each report shall include— which open recalls identified have been rem- troller General shall issue a report with the (A) the annual recall completion rate by edied. findings of the study under paragraph (1), in- manufacturer, model year, component (such (h) DEFINITIONS.—In this section:

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(1) CONSUMER.—The term ‘‘consumer’’ in- (c) REMEDIES FOR DEFECTS AND NONCOMPLI- inserting ‘‘rental company,’’ after ‘‘dealer,’’ cludes owner and lessee. ANCE.—Section 30120(i) is amended— each place such term appears. (2) MOTOR VEHICLE.—The term ‘‘motor ve- (1) in the subsection heading, by adding ‘‘, (e) INSPECTIONS, INVESTIGATIONS, AND hicle’’ has the meaning given the term under OR RENTAL’’ at the end; RECORDS.—Section 30166 is amended— section 30102(a) of title 49, United States (2) in paragraph (1)— (1) in subsection (c)(2), by striking ‘‘or Code. (A) by striking ‘‘(1) If notification’’ and in- dealer’’ each place such term appears and in- (3) OPEN RECALL.—The term ‘‘open recall’’ serting the following: serting ‘‘dealer, or rental company’’; means a recall for which a notification by a ‘‘(1) IN GENERAL.—If notification’’; (2) in subsection (e), by striking ‘‘or deal- manufacturer has been provided under sec- (B) by indenting subparagraphs (A) and (B) er’’ each place such term appears and insert- tion 30119 of title 49, United States Code, and four ems from the left margin; ing ‘‘dealer, or rental company’’; and that has not been remedied under section (C) by inserting ‘‘or the manufacturer has (3) in subsection (f), by striking ‘‘or to 30120 of that title. provided to a rental company notification owners’’ and inserting ‘‘, rental companies, (4) REGISTRATION.—The term ‘‘registra- about a covered rental vehicle in the com- or other owners’’. tion’’ means the process for registering pany’s possession at the time of notifica- (f) RESEARCH AUTHORITY.—The Secretary motor vehicles in the State. tion’’ after ‘‘time of notification’’; of Transportation may conduct a study of— (5) STATE.—The term ‘‘State’’ has the (D) by striking ‘‘the dealer may sell or (1) the effectiveness of the amendments meaning given the term under section 101(a) lease,’’ and inserting ‘‘the dealer or rental made by this section; and of title 23, United States Code. company may sell, lease, or rent’’; and (2) other activities of rental companies (as SEC. 34206. RECALL OBLIGATIONS UNDER BANK- (E) in subparagraph (A), by striking ‘‘sale defined in section 30102(a)(11) of title 49, RUPTCY. or lease’’ and inserting ‘‘sale, lease, or rental United States Code) related to their use and Section 30120A is amended by striking agreement’’; disposition of motor vehicles that are the ‘‘chapter 11 of title 11,’’ and inserting ‘‘chap- (3) by amending paragraph (2) to read as subject of a notification required under sec- ter 7 or chapter 11 of title 11’’. follows: tion 30118 of title 49, United States Code. SEC. 34207. DEALER REQUIREMENT TO CHECK ‘‘(2) RULE OF CONSTRUCTION.—Nothing in (g) STUDY.— FOR OPEN RECALL. this subsection may be construed to prohibit (1) ADDITIONAL REQUIREMENT.—Section Section 30120(f) is amended— a dealer or rental company from offering the 32206(b)(2) of the Moving Ahead for Progress (1) by inserting ‘‘(1) IN GENERAL.—’’ before vehicle or equipment for sale, lease, or in the 21st Century Act (Public Law 112–141; ‘‘A manufacturer’’ and indenting appro- rent.’’; and 126 Stat. 785) is amended— priately; (4) by adding at the end the following: (A) in subparagraph (E), by striking ‘‘and’’ (2) in paragraph (1), as redesignated, by ‘‘(3) SPECIFIC RULES FOR RENTAL COMPA- at the end; striking the period at the end and inserting NIES.— (B) by redesignating subparagraph (F) as the following: ‘‘if— ‘‘(A) IN GENERAL.—Except as otherwise pro- subparagraph (G); and ‘‘(A) at the time of providing service for vided under this paragraph, a rental com- (C) by inserting after subparagraph (E) the each of the manufacturer’s motor vehicles it pany shall comply with the limitations on following: services, the dealer notifies the owner or the sale, lease, or rental set forth in subpara- ‘‘(F) evaluate the completion of safety re- individual requesting the service of any open graph (C) and paragraph (1) as soon as prac- call remedies on rental trucks; and’’. recall; and ticable, but not later than 24 hours after the (2) REPORT.—Section 32206(c) of such Act is ‘‘(B) the notification requirement under earliest receipt of the notice to owner under amended— subparagraph (A) is specified in a franchise, subsection (b) or (c) of section 30118 (includ- (A) by redesignating paragraphs (1) and (2) operating, or other agreement between the ing the vehicle identification number for the as subparagraphs (A) and (B), respectively; dealer and the manufacturer.’’; and covered vehicle) by the rental company, (B) by striking ‘‘REPORT.—Not later’’ and (3) by adding at the end the following: whether by electronic means or first class inserting the following: ‘‘(2) DEFINITION OF OPEN RECALL.—In this mail. ‘‘(c) REPORTS.— subsection, the term ‘open recall’ means a ‘‘(B) SPECIAL RULE FOR LARGE VEHICLE ‘‘(1) INITIAL REPORT.—Not later’’; recall for which a notification by a manufac- FLEETS.—Notwithstanding subparagraph (A), (C) in paragraph (1), by striking ‘‘sub- turer has been provided under section 30119 if a rental company receives a notice to section (b)’’ and inserting ‘‘subparagraphs and that has not been remedied under this owner covering more than 5,000 motor vehi- (A) through (E) and (G) of subsection (b)(2)’’; section.’’. cles in its fleet, the rental company shall and SEC. 34208. EXTENSION OF TIME PERIOD FOR comply with the limitations on sale, lease, (D) by adding at the end the following: REMEDY OF TIRE DEFECTS. or rental set forth in subparagraph (C) and ‘‘(2) SAFETY RECALL REMEDY REPORT.—Not Section 30120(b) of title 49, United States paragraph (1) as soon as practicable, but not later than 1 year after the date of the enact- Code, is amended— later than 48 hours after the earliest receipt ment of the ‘Raechel and Jacqueline Houck (1) in paragraph (1), by striking ‘‘60 days’’ of the notice to owner under subsection (b) Safe Rental Car Act of 2015’, the Secretary and inserting ‘‘180 days’’; and or (c) of section 30118 (including the vehicle shall submit a report to the congressional (2) in paragraph (2), by striking ‘‘60-day’’ identification number for the covered vehi- committees set forth in paragraph (1) that each place it appears and inserting ‘‘180- cle) by the rental company, whether by elec- contains— day’’. tronic means or first class mail. ‘‘(A) the findings of the study conducted SEC. 34209. RENTAL CAR SAFETY. ‘‘(C) SPECIAL RULE FOR WHEN REMEDIES NOT pursuant to subsection (b)(2)(F); and (a) SHORT TITLE.—This section may be IMMEDIATELY AVAILABLE.—If a notification ‘‘(B) any recommendations for legislation cited as the ‘‘Raechel and Jacqueline Houck required under subsection (b) or (c) of section that the Secretary determines to be appro- Safe Rental Car Act of 2015’’. 30118 indicates that the remedy for the defect priate.’’. (b) DEFINITIONS.—Section 30102(a) is or noncompliance is not immediately avail- (h) PUBLIC COMMENTS.—The Secretary shall amended— able and specifies actions to temporarily solicit comments regarding the implementa- (1) by redesignating paragraphs (10) and alter the vehicle that eliminate the safety tion of this section from members of the pub- (11) as paragraphs (12) and (13), respectively; risk posed by the defect or noncompliance, lic, including rental companies, consumer (2) by redesignating paragraphs (1) through the rental company, after causing the speci- organizations, automobile manufacturers, (9) as paragraphs (2) through (10), respec- fied actions to be performed, may rent (but and automobile dealers. tively; may not sell or lease) the motor vehicle. (i) RULE OF CONSTRUCTION.—Nothing in this (3) by inserting before paragraph (2), as re- Once the remedy for the rental vehicle be- section or the amendments made by this sec- designated, the following: comes available to the rental company, the tion— ‘‘(1) ‘covered rental vehicle’ means a motor rental company may not rent the vehicle (1) may be construed to create or increase vehicle that— until the vehicle has been remedied, as pro- any liability, including for loss of use, for a ‘‘(A) has a gross vehicle weight rating of vided in subsection (a). manufacturer as a result of having manufac- 10,000 pounds or less; ‘‘(D) INAPPLICABILITY TO JUNK AUTO- tured or imported a motor vehicle subject to ‘‘(B) is rented without a driver for an ini- MOBILES.—Notwithstanding paragraph (1), a notification of defect or noncompliance tial term of less than 4 months; and this subsection does not prohibit a rental under subsection (b) or (c) of section 30118 of ‘‘(C) is part of a motor vehicle fleet of 5 or company from selling a covered rental vehi- title 49, United States Code; or more motor vehicles that are used for rental cle if such vehicle— (2) shall supersede or otherwise affect the purposes by a rental company.’’; and ‘‘(i) meets the definition of a junk auto- contractual obligations, if any, between such (4) by inserting after paragraph (10), as re- mobile under section 201 of the Anti-Car a manufacturer and a rental company (as de- designated, the following: Theft Act of 1992 (49 U.S.C. 30501); fined in section 30102(a) of title 49, United ‘‘(11) ‘rental company’ means a person ‘‘(ii) is retitled as a junk automobile pursu- States Code). who— ant to applicable State law; and (j) RULEMAKING.—The Secretary may pro- ‘‘(A) is engaged in the business of renting ‘‘(iii) is reported to the National Motor Ve- mulgate rules, as appropriate, to implement covered rental vehicles; and hicle Information System, if required under this section and the amendments made by ‘‘(B) uses for rental purposes a motor vehi- section 204 of such Act (49 U.S.C. 30504).’’. this section. cle fleet of 5 or more covered rental vehi- (d) MAKING SAFETY DEVICES AND ELEMENTS (k) EFFECTIVE DATE.—The amendments cles.’’. INOPERATIVE.—Section 30122(b) is amended by made by this section shall take effect on the

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SHORT TITLE. 30165(a) is amended— pressure monitoring systems to ensure that This part may be cited as the ‘‘Driver Pri- (1) in paragraph (1)— a tire pressure monitoring system that is in- vacy Act of 2015’’. (A) by striking ‘‘$5,000’’ and inserting stalled in a new motor vehicle after the ef- ‘‘$21,000’’; and fective date of the revised standards cannot, SEC. 34402. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT DATA RE- (B) by striking ‘‘$35,000,000’’ and inserting to a level other than a safe pressure level, be— CORDERS. ‘‘$105,000,000’’; and (a) OWNERSHIP OF DATA.—Any data re- (1) overridden; (2) in paragraph (3)— tained by an event data recorder (as defined (2) reset; or (A) by striking ‘‘$5,000’’ and inserting in section 563.5 of title 49, Code of Federal (3) recalibrated. ‘‘$21,000’’; and Regulations), regardless of when the motor (b) SAFE PRESSURE LEVEL.—For the pur- (B) by striking ‘‘$35,000,000’’ and inserting vehicle in which it is installed was manufac- poses of subsection (a), the term ‘‘safe pres- ‘‘$105,000,000’’. tured, is the property of the owner, or, in the sure level’’ shall mean a pressure level con- (b) EFFECTIVE DATE.—The amendments case of a leased vehicle, the lessee of the sistent with the TPMS detection require- made by subsection (a) of this section take motor vehicle in which the event data re- ments contained in S4.2(a) of section 571.138 effect on the date that the Secretary cer- corder is installed. of title 49, Code of Federal Regulations, or tifies to Congress that the National Highway (b) PRIVACY.—Data recorded or trans- any corresponding similar regulation or rul- Traffic Safety Administration has issued the mitted by an event data recorder described ing. final rule required by section 31203(b) of the in subsection (a) may not be accessed by a (c) FINAL RULE.—Not later than 2 years Moving Ahead for Progress In the 21st Cen- person other than an owner or a lessee of the after the date of enactment of this Act, after tury Act (Public Law 112-141; 126 Stat. 758; 49 motor vehicle in which the event data re- providing the public with sufficient oppor- U.S.C. 30165 note). corder is installed unless— tunity for notice and comment on the pro- (c) PUBLICATION OF EFFECTIVE DATE.—The (1) a court or other judicial or administra- posed rule published under subsection (a), Secretary shall publish notice of the effec- tive authority having jurisdiction— the Secretary shall issue a final rule on the tive date under subsection (b) of this section (A) authorizes the retrieval of the data; subject described in subsection (a). in the Federal Register. and SEC. 34211. ELECTRONIC ODOMETER DISCLO- Subtitle C—Research and Development and (B) to the extent that there is retrieved SURES. Vehicle Electronics data, the data is subject to the standards for Section 32705(g) is amended— SEC. 34301. REPORT ON OPERATIONS OF THE admission into evidence required by that (1) by inserting ‘‘(1)’’ before ‘‘Not later COUNCIL FOR VEHICLE ELEC- court or other administrative authority; than’’ and indenting appropriately; and TRONICS, VEHICLE SOFTWARE, AND (2) an owner or a lessee of the motor vehi- (2) by adding at the end the following: EMERGING TECHNOLOGIES. cle provides written, electronic, or recorded ‘‘(2) Notwithstanding paragraph (1) and Not later than 1 year after the date of en- audio consent to the retrieval of the data for subject to paragraph (3), a State, without ap- actment of this Act, the Secretary shall sub- any purpose, including the purpose of diag- proval from the Secretary under subsection mit to the Committee on Commerce, nosing, servicing, or repairing the motor ve- (d), may allow for written disclosures or no- Science, and Transportation of the Senate hicle, or by agreeing to a subscription that tices and related matters to be provided elec- and the Committee on Energy and Commerce describes how data will be retrieved and tronically if— of the House of Representatives a report re- used; ‘‘(A) in compliance with— garding the operations of the Council for Ve- (3) the data is retrieved pursuant to an in- ‘‘(i) the requirements of subchapter 1 of hicle Electronics, Vehicle Software, and vestigation or inspection authorized under chapter 96 of title 15; or Emerging Technologies established under section 1131(a) or 30166 of title 49, United ‘‘(ii) the requirements of a State law under section 31401 of the Moving Ahead for States Code, and the personally identifiable section 7002(a) of title 15; and Progress in the 21st Century Act (49 U.S.C. information of an owner or a lessee of the ve- ‘‘(B) the disclosures or notices otherwise 105 note). The report shall include informa- hicle and the vehicle identification number meet the requirements under this section, tion about the accomplishments of the Coun- is not disclosed in connection with the re- including appropriate authentication and se- cil, the role of the Council in integrating and trieved data, except that the vehicle identi- curity measures. aggregating electronic and emerging tech- fication number may be disclosed to the cer- ‘‘(3) Paragraph (2) ceases to be effective on nologies expertise across the National High- tifying manufacturer; the date the regulations under paragraph (1) way Traffic Safety Administration, the role (4) the data is retrieved for the purpose of become effective.’’. of the Council in coordinating with other determining the need for, or facilitating, Federal agencies, and the priorities of the SEC. 34212. CORPORATE RESPONSIBILITY FOR emergency medical response in response to a NHTSA REPORTS. Council over the next 5 years. motor vehicle crash; or Section 30166(o) is amended— SEC. 34302. COOPERATION WITH FOREIGN GOV- (5) the data is retrieved for traffic safety ERNMENTS. (1) in paragraph (1), by striking ‘‘may’’ and research, and the personally identifiable in- inserting ‘‘shall’’; and (a) TITLE 49 AMENDMENT.—Section 30182(b) formation of an owner or a lessee of the vehi- (2) by adding at the end the following: is amended— cle and the vehicle identification number is (1) in paragraph (4), by striking ‘‘; and’’ and ‘‘(3) DEADLINE.—Not later than 1 year after not disclosed in connection with the re- the date of enactment of the Comprehensive inserting a semicolon; trieved data. Transportation and Consumer Protection (2) in paragraph (5), by striking the period SEC. 34403. VEHICLE EVENT DATA RECORDER Act of 2015, the Secretary shall issue a final at the end and inserting ‘‘; and’’; and STUDY. rule under paragraph (1).’’. (3) by inserting after paragraph (5) the fol- (a) IN GENERAL.—Not later than 1 year lowing: after the date of enactment of this Act, the SEC. 34213. DIRECT VEHICLE NOTIFICATION OF ‘‘(6) in coordination with Department of Administrator of the National Highway Traf- RECALLS. State, enter into cooperative agreements and fic Safety Administration shall submit to (a) RECALL NOTIFICATION REPORT.—Not collaborative research and development Congress a report that contains the results later than 1 year after the date of enactment agreements with foreign governments.’’. of a study conducted by the Administrator of this Act, the Secretary shall issue a report (b) TITLE 23 AMENDMENT.—Section 403 of to determine the amount of time event data on the feasibility of a technical system that title 23, United States Code, is amended— recorders installed in passenger motor vehi- would operate in each new motor vehicle to (1) in subsection (b)(2)(C), by inserting cles should capture and record for retrieval indicate when the vehicle is subject to an ‘‘foreign government (in coordination with vehicle-related data in conjunction with an open recall. the Department of State)’’ after ‘‘institu- event in order to provide sufficient informa- (b) DEFINITION OF OPEN RECALL.—In this tion,’’; and tion to investigate the cause of motor vehi- section the term ‘‘open recall’’ means a re- (2) in subsection (c)(1)(A), by inserting cle crashes. call for which a notification by a manufac- ‘‘foreign governments,’’ after ‘‘local govern- (b) RULEMAKING.—Not later than 2 years turer has been provided under section 30119 ments,’’. after submitting the report required under of title 49, United States Code, and that has (c) AUDIT.—The Department of Transpor- subsection (a), the Administrator of the Na- not been remedied under section 30120 of that tation Inspector General shall conduct an tional Highway Traffic Safety Administra- title. audit of the Secretary of Transportation’s tion shall promulgate regulations to estab- SEC. 34214. UNATTENDED CHILDREN WARNING. management and oversight of cooperative lish the appropriate period during which Section 31504(a) of the Moving Ahead for agreements and collaborative research and event data recorders installed in passenger Progress in the 21st Century Act (49 U.S.C. development agreements, including any co- motor vehicles may capture and record for 30111 note) is amended by striking ‘‘may’’ operative agreements between the Secretary retrieval vehicle-related data to the time and inserting ‘‘shall’’. of Transportation and foreign governments necessary to provide accident investigators

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with vehicle-related information pertinent ‘‘(c) PROMULGATION OF REGULATIONS FOR SEC. 34434. TIRE RECALL DATABASE. to crashes involving such motor vehicles. TIRE WET TRACTION MINIMUM PERFORMANCE (a) IN GENERAL.—The Secretary shall es- PART II—SAFETY THROUGH INFORMED STANDARDS.— tablish a publicly available and searchable CONSUMERS ACT OF 2015 ‘‘(1) IN GENERAL.—The Secretary shall pro- electronic database of tire recall information mulgate regulations for tire wet traction that is reported to the Administrator of the SEC. 34421. SHORT TITLE. minimum performance standards to ensure National Highway Traffic Safety Adminis- This part may be cited as the ‘‘Safety that passenger tire wet traction capability is tration. Through Informed Consumers Act of 2015’’. not reduced to achieve improved tire fuel ef- (b) TIRE IDENTIFICATION NUMBER.—The SEC. 34422. PASSENGER MOTOR VEHICLE INFOR- ficiency. database established under subsection (a) MATION. ‘‘(2) TIRE WET TRACTION MINIMUM PERFORM- shall be searchable by Tire Identification Section 32302 is amended by inserting after ANCE STANDARDS.— Number (TIN) and any other criteria that as- subsection (b) the following: ‘‘(A) BASIS OF STANDARD.—The minimum sists consumers in determining whether a ‘‘(c) CRASH AVOIDANCE.—Not later than 1 performance standards promulgated under tire is subject to a recall. year after the date of enactment of the Safe- paragraph (1) shall be expressed in terms of TITLE XXXV—RAILROAD REFORM, ty Through Informed Consumers Act of 2015, peak coefficient of friction. ENHANCEMENT, AND EFFICIENCY the Secretary shall promulgate a rule to en- ‘‘(B) TEST PROCEDURES.—Any test proce- sure that crash avoidance information is in- dure promulgated under this subsection shall SEC. 35001. SHORT TITLE. dicated next to crashworthiness information be consistent with any test procedure pro- This title may be cited as the ‘‘Railroad on stickers placed on motor vehicles by their mulgated under subsection (a). Reform, Enhancement, and Efficiency Act’’. manufacturers.’’. ‘‘(C) BENCHMARKING.—The Secretary shall SEC. 35002. PASSENGER TRANSPORTATION; DEFI- PART III—TIRE EFFICIENCY, SAFETY, AND conduct testing to benchmark the wet trac- NITIONS. REGISTRATION ACT OF 2015 tion performance of tire models available for Section 24102 is amended— SEC. 34431. SHORT TITLE. sale in the United States as of the date of en- (1) by redesignating paragraphs (5) through actment of this Act to ensure that the min- This part may be cited as the ‘‘Tire Effi- (9) as paragraphs (6) through (10), respec- imum performance standards promulgated ciency, Safety, and Registration Act of 2015’’ tively; under paragraph (1) are tailored to— or the ‘‘TESR Act’’. (2) by inserting after paragraph (4), the fol- ‘‘(i) tires sold in the United States; and lowing: SEC. 34432. TIRE FUEL EFFICIENCY MINIMUM ‘‘(ii) the needs of consumers in the United ‘‘(5) ‘long-distance route’ means a route de- PERFORMANCE STANDARDS. States. scribed in paragraph (6)(C).’’; Section 32304A is amended— ‘‘(D) APPLICABILITY.— (3) by amending paragraph (6)(A), as redes- (1) in the section heading, by inserting ‘‘(i) IN GENERAL.—This subsection applies ignated, to read as follows: ‘‘AND STANDARDS’’ after ‘‘CONSUMER TIRE IN- to new pneumatic tires for use on passenger ‘‘(A) the Northeast Corridor main line be- ’’; FORMATION cars. tween Boston, Massachusetts and the Vir- (2) in subsection (a)— ‘‘(ii) EXCEPTIONS.—This subsection does ginia Avenue interlocking in the District of (A) in the heading, by striking ‘‘RULE- not apply to light truck tires, deep tread Columbia, and the facilities and services MAKING’’ and inserting ‘‘CONSUMER TIRE IN- tires, winter-type snow tires, space-saver or used to operate and maintain that line;’’; FORMATION’’; and temporary use spare tires, or tires with (4) in paragraph (7), as redesignated, by (B) in paragraph (1), by inserting ‘‘(referred nominal rim diameters of 12 inches or less. striking the period at the end and inserting to in this section as the ‘Secretary’)’’ after ‘‘(d) COORDINATION AMONG REGULATIONS.— ‘‘, except that the term ‘Northeast Corridor’ ‘‘Secretary of Transportation’’; ‘‘(1) COMPATIBILITY.—The Secretary shall for the purposes of chapter 243 means the (3) by redesignating subsections (b) ensure that the test procedures and require- main line between Boston, Massachusetts through (e) as subsections (e) though (h), re- ments promulgated under subsections (a), and the Virginia Avenue interlocking in the spectively; and (b), and (c) are compatible and consistent. District of Columbia, and the facilities and (4) by inserting after subsection (a) the fol- ‘‘(2) COMBINED EFFECT OF RULES.—The Sec- services used to operate and maintain that lowing: retary shall evaluate the regulations pro- line.’’; and ‘‘(b) PROMULGATION OF REGULATIONS FOR mulgated under subsections (b) and (c) to en- (5) by adding at the end the following: TIRE FUEL EFFICIENCY MINIMUM PERFORM- sure that compliance with the minimum per- ‘‘(11) ‘state-of-good-repair’ means a condi- ANCE STANDARDS.— formance standards promulgated under sub- tion in which physical assets, both individ- ‘‘(1) IN GENERAL.—The Secretary, after con- section (b) will not diminish wet traction ually and as a system, are— sultation with the Secretary of Energy and performance of affected tires. ‘‘(A) performing at a level at least equal to the Administrator of the Environmental ‘‘(3) RULEMAKING DEADLINES.—The Sec- that called for in their as-built or as-modi- Protection Agency, shall promulgate regula- retary shall promulgate — fied design specification during any period tions for tire fuel efficiency minimum per- ‘‘(A) the regulations under subsections (b) when the life cycle cost of maintaining the formance standards for— and (c) not later than 24 months after the assets is lower than the cost of replacing ‘‘(A) passenger car tires with a maximum date of enactment of this Act; and them; and speed capability equal to or less than 149 ‘‘(B) the regulations under subsection (c) ‘‘(B) sustained through regular mainte- miles per hour or 240 kilometers per hour; not later than the date of promulgation of nance and replacement programs. and the regulations under subsection (b).’’. ‘‘(12) ‘State-supported route’ means a route ‘‘(B) passenger car tires with a maximum SEC. 34433. TIRE REGISTRATION BY INDE- described in paragraph (6)(B) or paragraph speed capability greater than 149 miles per PENDENT SELLERS. (6)(D), or in section 24702(a).’’. hour or 240 kilometers per hour. Section 30117(b) is amended by striking ‘‘(2) TIRE FUEL EFFICIENCY MINIMUM PER- paragraph (3) and inserting the following: Subtitle A—Authorization of Appropriations FORMANCE STANDARDS.— ‘‘(3) RULEMAKING.— SEC. 35101. AUTHORIZATION OF GRANTS TO AM- ‘‘(A) STANDARD BASIS AND TEST PROCE- ‘‘(A) IN GENERAL.—The Secretary shall ini- TRAK. DURES.—The minimum performance stand- tiate a rulemaking to require a distributor (a) IN GENERAL.—There are authorized to ards promulgated under paragraph (1) shall or dealer of tires that is not owned or con- be appropriated to the Secretary for the use be expressed in terms of the rolling resist- trolled by a manufacturer of tires to main- of Amtrak for deposit into the accounts es- ance coefficient measured using the test pro- tain records of— tablished under section 24319(a) of title 49, cedure specified in section 575.106 of title 49, ‘‘(i) the name and address of tire pur- United States Code, the following amounts: Code of Federal Regulations (as in effect on chasers and lessors and information identi- (1) For fiscal year 2016, $1,450,000,000. the date of enactment of this Act). fying the tire that was purchased or leased; (2) For fiscal year 2017, $1,550,000,000. ‘‘(B) NO DISPARATE EFFECT ON HIGH PER- and (3) For fiscal year 2018, $1,700,000,000. FORMANCE TIRES.—The Secretary shall en- ‘‘(ii) any additional records the Secretary (4) For fiscal year 2019, $1,900,000,000. sure that the minimum performance stand- considers appropriate. (b) PROJECT MANAGEMENT OVERSIGHT.—The ards promulgated under paragraph (1) will ‘‘(B) ELECTRONIC TRANSMISSION.—The rule- Secretary may withhold up to one half of 1 not have a disproportionate effect on pas- making carried out under subparagraph (A) percent of the amount appropriated under senger car high performance tires with a shall require a distributor or dealer of tires subsection (a) for the costs of management maximum speed capability greater than 149 that is not owned or controlled by a manu- oversight of Amtrak. miles per hour or 240 kilometers per hour. facturer of tires to electronically transmit (c) COMPETITION.—In administering grants ‘‘(C) APPLICABILITY.— the records described in clauses (i) and (ii) of to Amtrak under section 24318 of title 49, ‘‘(i) IN GENERAL.—This subsection applies subparagraph (A) to the manufacturer of the United States Code, the Secretary may with- to new pneumatic tires for use on passenger tires or the designee of the manufacturer by hold, from amounts that would otherwise be cars. secure means at no cost to tire purchasers or made available to Amtrak, such sums as are ‘‘(ii) EXCEPTIONS.—This subsection does lessors. necessary from the amount appropriated not apply to light truck tires, deep tread ‘‘(C) SATISFACTION OF REQUIREMENTS.—A under subsection (a) of this section to cover tires, winter-type snow tires, space-saver or regulation promulgated under subparagraph the operating subsidy described in section temporary use spare tires, or tires with (A) may be considered to satisfy the require- 24711(b)(1)(E)(ii) of title 49, United States nominal rim diameters of 12 inches or less. ments of paragraph (2)(B).’’. Code.

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(d) STATE-SUPPORTED ROUTE COMMITTEE.— ‘‘§ 24317. Costs and revenues ‘‘(2) FIFTEEN-DAY MODIFICATION PERIOD.— The Secretary may withhold up to $2,000,000 ‘‘(a) ALLOCATION.—Not later than 180 days Not later than 15 days after the date of the from the amount appropriated in each fiscal after the date of enactment of the Railroad notice under paragraph (1)(A)(ii), Amtrak year under subsection (a) of this section for Reform, Enhancement, and Efficiency Act, shall submit a modified request for the Sec- the use of the State-Supported Route Com- Amtrak shall establish and maintain inter- retary’s review. mittee established under section 24712 of nal controls to ensure Amtrak’s costs, reve- ‘‘(3) MODIFIED REQUESTS.—Not later than 15 title 49, United States Code. nues, and other compensation are appro- days after the date that Amtrak submits a (e) NORTHEAST CORRIDOR COMMISSION.—The priately and proportionally allocated to its modified request under paragraph (2), the Secretary may withhold up to $5,000,000 from Northeast Corridor train services or infra- Secretary shall either approve the modified the amount appropriated in each fiscal year structure, its State-supported routes, its request, or, if the Secretary finds that the under subsection (a) of this section for the long-distance routes, and its other national request is still incomplete or deficient, the use of the Northeast Corridor Commission network activities. Secretary shall identify in writing to the established under section 24905 of title 49, ‘‘(b) RULE OF CONSTRUCTION.—Nothing in Committee on Commerce, Science, and United States Code. this section shall be construed to limit the Transportation, the Committee on Appro- SEC. 35102. NATIONAL INFRASTRUCTURE AND ability of Amtrak to enter into an agree- priations, and the Committee on the Budget SAFETY INVESTMENTS. ment with 1 or more States to allocate oper- of the Senate and the Committee on Trans- (a) IN GENERAL.—There are authorized to ating and capital costs under section 209 of portation and Infrastructure, the Committee be appropriated to the Secretary for grants the Passenger Rail Investment and Improve- on Appropriations, and the Committee on under chapter 244 of title 49, United States ment Act of 2008 (49 U.S.C. 24101 note). the Budget of the House of Representatives Code, the following amounts: ‘‘§ 24318. Grant process the remaining deficiencies and recommend a (1) For fiscal year 2016, $350,000,000. ‘‘(a) PROCEDURES FOR GRANT REQUESTS.— process for resolving the outstanding por- (2) For fiscal year 2017, $430,000,000. Not later than 90 days after the date of en- tions of the request. (3) For fiscal year 2018, $600,000,000. actment of the Railroad Reform, Enhance- ‘‘(e) PAYMENTS TO AMTRAK.— (4) For fiscal year 2019, $900,000,000. ment, and Efficiency Act, the Secretary of ‘‘(1) IN GENERAL.—A grant agreement en- (b) PROJECT MANAGEMENT OVERSIGHT.—The Transportation shall establish and transmit tered into under subsection (d) shall specify Secretary may withhold up to 1 percent from to the Committee on Commerce, Science, the operations, services, and other activities the amount appropriated under subsection and Transportation and the Committee on to be funded by the grant. The grant agree- (a) of this section for the costs of project Appropriations of the Senate and the Com- ment shall include provisions, consistent management oversight of grants carried out mittee on Transportation and Infrastructure with the requirements of this chapter, to under chapter 244 of title 49, United States and the Committee on Appropriations of the measure Amtrak’s performance and ensure Code. House of Representatives substantive and accountability in delivering the operations, procedural requirements, including sched- services, or activities to be funded by the SEC. 35103. AUTHORIZATION OF APPROPRIA- TIONS FOR NATIONAL TRANSPOR- ules, for grant requests under this section. grant. TATION SAFETY BOARD RAIL INVES- ‘‘(b) GRANT REQUESTS.—Amtrak shall ‘‘(2) SCHEDULE.—Except as provided in TIGATIONS. transmit grant requests for Federal funds ap- paragraph (3), in each fiscal year for which (a) IN GENERAL.—Notwithstanding any propriated to the Secretary of Transpor- amounts are appropriated to the Secretary other provision of law, there are authorized tation for the use of Amtrak to— for the use of Amtrak, and for which the Sec- to be appropriated to the National Transpor- ‘‘(1) the Secretary; and retary and Amtrak have entered into a grant tation Safety Board to carry out railroad ac- ‘‘(2) the Committee on Commerce, Science, agreement under subsection (d), the Sec- cident investigations under section and Transportation, the Committee on Ap- retary shall disburse grant funds to Amtrak 1131(a)(1)(C) of title 49, United States Code, propriations, and the Committee on the on the following schedule: the following amounts: Budget of the Senate and the Committee on ‘‘(A) 50 percent on October 1. (1) For fiscal year 2016, $6,300,000. Transportation and Infrastructure, the Com- ‘‘(B) 25 percent on January 1. (2) For fiscal year 2017, $6,400,000. mittee on Appropriations, and the Com- ‘‘(C) 25 percent on April 1. (3) For fiscal year 2018, $6,500,000. mittee on the Budget of the House of Rep- ‘‘(3) EXCEPTIONS.—The Secretary may (4) For fiscal year 2019, $6,600,000. resentatives. make a payment to Amtrak of appropriated ONTENTS (b) INVESTIGATION PERSONNEL.—Amounts ‘‘(c) C .—A grant request under sub- funds— appropriated under subsection (a) of this sec- section (b) shall— ‘‘(A) more frequently than the schedule tion shall be available to the National Trans- ‘‘(1) describe projected operating and cap- under paragraph (2) if Amtrak, for good portation Safety Board for personnel, in re- ital costs for the upcoming fiscal year for cause, requests more frequent payment be- gional offices and in Washington, DC, whose Northeast Corridor train services and infra- fore the end of a payment period; or duties involve railroad accident investiga- structure, Amtrak’s State-supported routes, ‘‘(B) with a different frequency or in dif- tions. and Amtrak’s long-distance routes, and Am- ferent percentage allocations in the event of trak’s other national network activities, as SEC. 35104. AUTHORIZATION OF APPROPRIA- a continuing resolution or in the absence of TIONS FOR AMTRAK OFFICE OF IN- applicable, in comparison to prior fiscal year an appropriations Act for the duration of a SPECTOR GENERAL. actual financial performance; fiscal year. There are authorized to be appropriated to ‘‘(2) describe the capital projects to be ‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY the Office of Inspector General of Amtrak funded, with cost estimates and an estimated APPROPRIATIONS.—Amounts appropriated to the following amounts: timetable for completion of the projects cov- the Secretary for the use of Amtrak shall re- (1) For fiscal year 2016, $20,000,000. ered by the request; main available until expended. Amounts for (2) For fiscal year 2017, $20,500,000. ‘‘(3) assess Amtrak’s financial condition; capital acquisitions and improvements may (3) For fiscal year 2018, $21,000,000. ‘‘(4) be displayed on Amtrak’s Web site be appropriated for a fiscal year before the (4) For fiscal year 2019, $21,500,000. within a reasonable timeframe following its fiscal year in which the amounts will be obli- transmission under subsection (b); and gated. SEC. 35105. NATIONAL COOPERATIVE RAIL RE- ‘‘(g) LIMITATIONS ON USE.—Amounts appro- SEARCH PROGRAM. ‘‘(5) describe how the funding requested in a grant will be allocated to the accounts es- priated to the Secretary for the use of Am- (a) IN GENERAL.—Section 24910 is amend- trak may not be used to cross-subsidize oper- ed— tablished under section 24319(a), considering the projected operating losses or capital ating losses or capital costs of commuter rail (1) in subsection (b)— passenger or freight rail transportation. (A) in paragraph (12), by striking ‘‘and’’; costs for services and activities associated (B) in paragraph (13), by striking the pe- with such accounts over the time period in- ‘‘§ 24319. Accounts riod at the end and inserting ‘‘; and’’; and tended to be covered by the grants. ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—Begin- ‘‘(d) REVIEW AND APPROVAL.— (C) by adding at the end the following: ning not later than October 1, 2016, Amtrak, ‘‘(1) THIRTY-DAY APPROVAL PROCESS.— ‘‘(14) to improve the overall safety of inter- in consultation with the Secretary of Trans- ‘‘(A) IN GENERAL.—Not later than 30 days city passenger and freight rail operations.’’; portation, shall define and establish— after the date that Amtrak submits a grant and ‘‘(1) a Northeast Corridor investment ac- request under this section, the Secretary of (2) by amending subsection (e) to read as count, including subaccounts for Amtrak Transportation shall complete a review of follows: train services and infrastructure; the request and provide notice to Amtrak ‘‘(e) ALLOCATION.—At least $5,000,000 of the ‘‘(2) a State-supported account; that— amounts appropriated to the Secretary for a ‘‘(3) a long-distance account; and ‘‘(i) the request is approved; or fiscal year to carry out railroad research and ‘‘(4) an other national network activities ‘‘(ii) the request is disapproved, including development programs shall be available to account. the reason for the disapproval and an expla- carry out this section.’’. ‘‘(b) NORTHEAST CORRIDOR INVESTMENT AC- nation of any incomplete or deficient items. COUNT.— Subtitle B—Amtrak Reform ‘‘(B) GRANT AGREEMENT.—If a grant request ‘‘(1) DEPOSITS.—Amtrak shall deposit in SEC. 35201. AMTRAK GRANT PROCESS. is approved, the Secretary shall enter into a the Northeast Corridor investment account (a) REQUIREMENTS AND PROCEDURES.—Chap- grant agreement with Amtrak that allocates established under subsection (a)(1)— ter 243 is amended by adding at the end the the grant funding to 1 of the 4 accounts es- ‘‘(A) a portion of the grant funds appro- following: tablished under section 24319(a). priated under the authorization in section

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35101(a) of the Railroad Reform, Enhance- ‘‘(d) LONG-DISTANCE ACCOUNT.— ‘‘(i) the effects on Amtrak services funded ment, and Efficiency Act, or any subsequent ‘‘(1) DEPOSITS.—Amtrak shall deposit in by the account from which the transfer is Act appropriating funds for the use of Am- the long-distance account established under drawn, in comparison to a scenario in which trak, as specified in a grant agreement en- subsection (a)(3)— no transfer was made; and tered into under section 24318; ‘‘(A) a portion of the grant funds appro- ‘‘(ii) the effects on Amtrak services funded ‘‘(B) any compensation received from com- priated under the authorization in section by the account receiving the transfer, in muter rail passenger transportation pro- 35101(a) of the Railroad Reform, Enhance- comparison to a scenario in which no trans- viders for such providers’ share of capital ment, and Efficiency Act, or any subsequent fer was made. costs on the Northeast Corridor provided to Act appropriating funds for the use of Am- ‘‘(3) NOTIFICATIONS.— Amtrak under section 24905(c); trak, as specified in a grant agreement en- ‘‘(A) STATE-SUPPORTED ACCOUNT.—Not later ‘‘(C) any operating surplus of the North- tered into under section 24318; than 5 days after the date that Amtrak noti- east Corridor train services or infrastruc- ‘‘(B) any compensation received from fies the Amtrak Board of Directors of a ture, as allocated under section 24317; and States provided to Amtrak for costs associ- planned transfer under paragraph (1) of funds ‘‘(D) any other net revenue received in as- ated with its long-distance routes; and to or from the State-supported account, Am- sociation with the Northeast Corridor, in- ‘‘(C) any operating surplus from its long- trak shall transmit to each State that spon- cluding freight access fees, electric propul- distance routes, as allocated under section sors a State-supported route a letter that in- sion, and commercial development. 24317. cludes the information described under sub- ‘‘(2) USE OF NORTHEAST CORRIDOR INVEST- ‘‘(2) USE OF LONG-DISTANCE ACCOUNT.—Ex- paragraphs (A) and (B) of paragraph (2). MENT ACCOUNT.—Except as provided in sub- cept as provided in subsection (f), amounts ‘‘(B) NORTHEAST CORRIDOR ACCOUNT.—Not section (f), amounts deposited in the North- deposited in the long-distance account shall later than 5 days after the date that Amtrak east Corridor investment account shall be be made available for the use of Amtrak for notifies the Amtrak Board of Directors of a made available for the use of Amtrak for its capital expenses and operating costs, includ- planned transfer under paragraph (1) of funds share of— ing indirect, common, corporate, or other to or from the Northeast Corridor account, ‘‘(A) capital projects described in section costs directly incurred by or allocated to Amtrak shall transmit to the Northeast Cor- 24904(a)(2)(E)(i), and developed under the long-distance routes, of its long-distance ridor Commission a letter that includes the planning process established under that sec- routes and retirement of principal and pay- information described under subparagraphs tion, to bring Northeast Corridor infrastruc- ment of interest on loans or capital leases (A) and (B) of paragraph (2). ture to a state-of-good-repair; attributable to the long-distance routes. ‘‘(g) ENFORCEMENT.—The Secretary shall ‘‘(B) capital projects described in clauses ‘‘(e) OTHER NATIONAL NETWORK ACTIVITIES enforce the provisions of each grant agree- (ii) and (iv) of section 24904(a)(2)(E) that are ACCOUNT.— ment under section 24318(d), including any developed under the planning process estab- ‘‘(1) DEPOSITS.—Amtrak shall deposit in deposit into an account under this section. lished under that section intended to in- the other national network activities ac- ‘‘(h) LETTERS OF INTENT.— crease corridor capacity, improve service re- count established under subsection (a)(4)— ‘‘(1) REQUIREMENT.—The Secretary may liability, and reduce travel time on the ‘‘(A) a portion of the grant funds appro- issue a letter of intent to Amtrak announc- Northeast Corridor; priated under the authorization in section ing an intention to obligate, for a major cap- ‘‘(C) capital projects to improve safety and 35101(a) of the Railroad Reform, Enhance- ital project described in clauses (ii) and (iv) security; ment, and Efficiency Act, or any subsequent of section 24904(a)(2)(E), an amount from fu- ‘‘(D) capital projects to improve customer Act appropriating funds for the use of Am- ture available budget authority specified in service and amenities; trak, as specified in a grant agreement en- law that is not more than the amount stipu- ‘‘(E) acquiring, rehabilitating, manufac- tered into under section 24318; lated as the financial participation of the turing, remanufacturing, overhauling, or im- ‘‘(B) any compensation received from Secretary in the project. proving equipment and associated facilities States provided to Amtrak for costs associ- ‘‘(2) NOTICE TO CONGRESS.—At least 30 days used for intercity rail passenger transpor- ated with its other national network activi- before issuing a letter under paragraph (1), tation by Northeast Corridor train services; ties; and the Secretary shall notify in writing the ‘‘(F) retirement of principal and payment ‘‘(C) any operating surplus from its other Committee on Commerce, Science, and of interest on loans for capital projects de- national network activities. Transportation and the Committee on Ap- scribed in this paragraph or for capital leases ‘‘(2) USE OF OTHER NATIONAL NETWORK AC- propriations of the Senate and the Com- for equipment and related to the Northeast TIVITIES ACCOUNT.—Except as provided in mittee on Transportation and Infrastructure Corridor; subsection (f), amounts deposited into the and the Committee on Appropriations of the ‘‘(G) participation in public-private part- other national network activities account House of Representatives of the proposed let- nerships, joint ventures, and other mecha- shall be made available for the use of Am- ter. The Secretary shall include with the no- nisms or arrangements that result in the trak for capital and operating costs not allo- tice a copy of the proposed letter, the cri- completion of capital projects described in cated to the Northeast Corridor investment teria used for selecting the project for a this paragraph; and account, State-supported account, or long- grant award, and a description of how the ‘‘(H) indirect, common, corporate, or other distance account, and retirement of prin- project meets the criteria under this section. costs directly incurred by or allocated to the cipal and payment of interest on loans or ‘‘(3) CONTINGENT NATURE OF OBLIGATION OR Northeast Corridor. capital leases attributable to other national COMMITMENT.—An obligation or administra- ‘‘(c) STATE-SUPPORTED ACCOUNT.— network activities. tive commitment may be made only when ‘‘(1) DEPOSITS.—Amtrak shall deposit in ‘‘(f) TRANSFER AUTHORITY.— amounts are appropriated. The letter of in- the State-supported account established ‘‘(1) AUTHORITY.—Amtrak may transfer any tent shall state that the contingent commit- under subsection (a)(2)— funds appropriated under the authorization ment is not an obligation of the Federal Gov- ‘‘(A) a portion of the grant funds appro- in section 35101(a) of the Railroad Reform, ernment, and is subject to the availability of priated under the authorization in section Enhancement, and Efficiency Act, or any appropriations under Federal law and to Fed- 35101(a) of the Railroad Reform, Enhance- subsequent Act appropriating funds for the eral laws in force or enacted after the date of ment, and Efficiency Act, or any subsequent use of Amtrak for deposit into the accounts the contingent commitment.’’. Act appropriating funds for the use of Am- described in that section, or any surplus gen- (b) CONFORMING AMENDMENTS.—The table trak, as specified in a grant agreement en- erated by operations, between the Northeast of contents for chapter 243 is amended by tered into under section 24318; Corridor, State-supported, long-distance, and adding at the end the following: ‘‘(B) any compensation received from other national network activities accounts— ‘‘24317. Costs and revenues. States provided to Amtrak under section 209 ‘‘(A) upon the expiration of 10 days after ‘‘24318. Grant process. of the Passenger Rail Investment and Im- the date that Amtrak notifies the Amtrak ‘‘24319. Accounts.’’. provement Act of 2008 (42 U.S.C. 24101 note); Board of Directors, including the Secretary, (c) REPEALS.— and of the planned transfer; and (1) ESTABLISHMENT OF GRANT PROCESS.— ‘‘(C) any operating surplus from its State- ‘‘(B) with the approval of the Secretary. Section 206 of the Passenger Rail Investment supported routes, as allocated under section ‘‘(2) REPORT.—Not later than 5 days after and Improvement Act of 2008 (49 U.S.C. 24101 24317. the date that Amtrak notifies the Amtrak note) and the item relating to that section in ‘‘(2) USE OF STATE-SUPPORTED ACCOUNT.— Board of Directors of a planned transfer the table of contents of that Act are re- Except as provided in subsection (f), amounts under paragraph (1), Amtrak shall transmit pealed. deposited in the State-supported account to the Committee on Commerce, Science, (2) AUTHORIZATION OF APPROPRIATIONS.— shall be made available for the use of Am- and Transportation and the Committee on Section 24104 and the item relating to that trak for capital expenses and operating Appropriations of the Senate and the Com- section in the table of contents of chapter costs, including indirect, common, cor- mittee on Transportation and Infrastructure 241 are repealed. porate, or other costs directly incurred by or and the Committee on Appropriations of the SEC. 35202. 5-YEAR BUSINESS LINE AND ASSETS allocated to State-supported routes, of its House of Representatives a report that in- PLANS. State-supported routes and retirement of cludes— (a) AMTRAK 5-YEAR BUSINESS LINE AND principal and payment of interest on loans or ‘‘(A) the amount of the transfer; and ASSET PLANS.—Chapter 243, as amended by capital leases attributable to its State-sup- ‘‘(B) a detailed explanation of the reason section 35201 of this Act, is further amended ported routes. for the transfer, including— by inserting after section 24319 the following:

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Amtrak 5-year business line and ‘‘(L) an identification and explanation of ‘‘(ii) identifies each project or program asset plans any major adjustments made from pre- that is associated with more than 1 category viously-approved plans. described in clause (i); and ‘‘(a) IN GENERAL.— ‘‘(3) 5-YEAR BUSINESS LINE PLANS PROCESS.— ‘‘(iii) describes the anticipated business ‘‘(1) FINAL PLANS.—Not later than Feb- In meeting the requirements of this section, outcome of each project or program identi- ruary 15 of each year, Amtrak shall submit Amtrak shall— fied under this subparagraph, including an to Congress and the Secretary final 5-year ‘‘(A) coordinate the development of the assessment of— business line plans and 5-year asset plans business line plans with the Secretary; ‘‘(I) the potential effect on passenger oper- prepared in accordance with this section. ‘‘(B) for the Northeast Corridor business ations, safety, reliability, and resilience; These final plans shall form the basis for line plan, coordinate with the Northeast Cor- ‘‘(II) the potential effect on Amtrak’s abil- Amtrak’s general and legislative annual re- ridor Commission and transmit to the Com- ity to meet regulatory requirements if the port to the President and Congress required mission the final plan under subsection project or program is not funded; and by section 24315(b). (a)(1), and consult with other entities, as ap- ‘‘(III) the benefits and costs; and ‘‘(2) FISCAL CONSTRAINT.—Each plan pre- propriate; ‘‘(D) annual profit and loss statements and pared under this section shall be based on ‘‘(C) for the State-supported route business forecasts and balance sheets for each asset funding levels authorized or otherwise avail- line plan, coordinate with the State-Sup- category. able to Amtrak in a fiscal year. In the ab- ported Route Committee established under ‘‘(3) 5-YEAR ASSET PLAN PROCESS.—In meet- sence of an authorization or appropriation of section 24712; ing the requirements of this subsection, Am- funds for a fiscal year, the plans shall be ‘‘(D) for the long-distance route business trak shall— based on the amount of funding available in line plan, coordinate with any States or ‘‘(A) coordinate with each business line de- the previous fiscal year, plus inflation. Am- Interstate Compacts that provide funding for scribed in subsection (b)(1) in the prepara- trak may include an appendix to the asset such routes, as appropriate; tion of each 5-year asset plan and ensure in- plan required in subsection (c) that describes ‘‘(E) ensure that Amtrak’s annual budget tegration of each 5-year asset plan with the any capital funding requirements in excess request to Congress is consistent with the in- 5-year business line plans; of amounts authorized or otherwise available formation in the 5-year business line plans; ‘‘(B) as applicable, coordinate with the to Amtrak in a fiscal year for capital invest- and Northeast Corridor Commission, the State- ment. ‘‘(F) identify the appropriate Amtrak offi- Supported Route Committee, and owners of cials that are responsible for each business assets affected by 5-year asset plans; and ‘‘(b) AMTRAK 5-YEAR BUSINESS LINE line. ‘‘(C) identify the appropriate Amtrak offi- PLANS.— ‘‘(4) STANDARDS TO PROMOTE FINANCIAL STA- cials that are responsible for each asset cat- ‘‘(1) AMTRAK BUSINESS LINES.—Amtrak BILITY.—In meeting the requirements under egory. shall prepare a 5-year business line plan for this subsection, Amtrak shall use the cat- ‘‘(4) EVALUATION OF NATIONAL ASSETS each of the following business lines and serv- egories specified in the financial accounting COSTS.—The Secretary shall— ices: and reporting system developed under sec- ‘‘(A) evaluate the costs and scope of all na- ‘‘(A) Northeast Corridor train services. tion 203 of the Passenger Rail Investment tional assets; and ‘‘(B) State-supported routes operated by and Improvement Act of 2008 (49 U.S.C. 24101 ‘‘(B) determine the activities and costs Amtrak. note) when preparing its 5-year business line that are— ‘‘(C) Long-distance routes operated by Am- plans. ‘‘(i) required in order to ensure the effi- trak. ‘‘(c) AMTRAK 5-YEAR ASSET PLANS.— cient operations of a national passenger rail ‘‘(D) Ancillary services operated by Am- ‘‘(1) ASSET CATEGORIES.—Amtrak shall pre- system; trak, including commuter operations and pare a 5-year asset plan for each of the fol- ‘‘(ii) appropriate for allocation to 1 of the other revenue generating activities as deter- lowing asset categories: other Amtrak business lines; and mined by the Secretary in consultation with ‘‘(A) Infrastructure, including all Amtrak- ‘‘(iii) extraneous to providing an efficient Amtrak. controlled Northeast Corridor assets and national passenger rail system or are too ‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE other Amtrak-owned infrastructure, and the costly relative to the benefits or perform- PLANS.—The 5-year business line plan for associated facilities that support the oper- ance outcomes they provide. each business line shall include, at a min- ation, maintenance, and improvement of ‘‘(5) DEFINITION OF NATIONAL ASSETS.—In imum— those assets. this section, the term ‘national assets’ ‘‘(A) a statement of Amtrak’s vision, goals, ‘‘(B) Passenger rail equipment, including means the Nation’s core rail assets shared and service plan for the business line, coordi- all Amtrak-controlled rolling stock, loco- among Amtrak services, including national nated with any entities that are contrib- motives, and mechanical shop facilities that reservations, security, training and training uting capital or operating funding to support are used to overhaul equipment. centers, and other assets associated with passenger rail services within those business ‘‘(C) Stations, including all Amtrak-con- Amtrak’s national passenger rail transpor- lines, and aligned with Amtrak’s Strategic trolled passenger rail stations and elements tation system. Plan and 5-year asset plans under subsection of other stations for which Amtrak has legal ‘‘(6) RESTRUCTURING OF NATIONAL ASSETS.— (c); responsibility or intends to make capital in- Not later than 1 year after the date of com- ‘‘(B) all projected revenues and expendi- vestments. pletion of the evaluation under paragraph tures for the business line, including identi- ‘‘(D) National assets, including national (4), the Administrator of the Federal Rail- fication of revenues and expenditures in- reservations, security, training and training road Administration, in consultation with curred by— centers, and other assets associated with the Amtrak Board of Directors, the gov- ‘‘(i) passenger operations; Amtrak’s national passenger rail transpor- ernors of each relevant State, and the Mayor ‘‘(ii) non-passenger operations that are di- tation system. of the District of Columbia, or their des- rectly related to the business line; and ‘‘(2) CONTENTS OF 5-YEAR ASSET PLANS.— ignees, shall restructure or reallocate, or ‘‘(iii) governmental funding sources, in- Each asset plan shall include, at a min- both, the national assets costs in accordance cluding revenues and other funding received imum— with the determination under that section, from States; ‘‘(A) a summary of Amtrak’s 5-year stra- including making appropriate updates to ‘‘(C) projected ridership levels for all pas- tegic plan for each asset category, including Amtrak’s cost accounting methodology and senger operations; goals, objectives, any relevant performance system.’’. ‘‘(D) estimates of long-term and short-term metrics, and statutory or regulatory actions (b) EFFECTIVE DATE.—The requirements for debt and associated principal and interest affecting the assets; Amtrak to submit final 5-year business line payments (both current and forecasts); ‘‘(B) an inventory of existing Amtrak cap- plans and 5-year asset plans under section ‘‘(E) annual profit and loss statements and ital assets, to the extent practicable, includ- 24320 of title 49, United States Code, shall forecasts and balance sheets; ing information regarding shared use or own- take effect 1 year after the date of enact- ‘‘(F) annual cash flow forecasts; ership, if applicable; ment of this Act. ‘‘(G) a statement describing the meth- ‘‘(C) a prioritized list of proposed capital (c) CONFORMING AMENDMENTS.—The table odologies and significant assumptions under- investments that— of contents for chapter 243, as amended by lying estimates and forecasts; ‘‘(i) categorizes each capital project as section 35201 of this Act, is further amended ‘‘(H) specific performance measures that being primarily associated with— by adding at the end the following: demonstrate year over year changes in the ‘‘(I) normalized capital replacement; ‘‘24320. Amtrak 5-year business line and asset results of Amtrak’s operations; ‘‘(II) backlog capital replacement; plans.’’. ‘‘(I) financial performance for each route ‘‘(III) improvements to support service en- (d) REPEAL OF 5-YEAR FINANCIAL PLAN.— within each business line, including descrip- hancements or growth; Section 204 of the Passenger Rail Investment tions of the cash operating loss or contribu- ‘‘(IV) strategic initiatives that will im- and Improvement Act of 2008 (49 U.S.C. 24101 tion and labor productivity for each route; prove overall operational performance, lower note), and the item relating to that section ‘‘(J) specific costs and savings estimates costs, or otherwise improve Amtrak’s cor- in the table of contents of that Act, are re- resulting from reform initiatives; porate efficiency; or pealed. ‘‘(K) prior fiscal year and projected equip- ‘‘(V) statutory, regulatory, or other legal (e) IDENTIFICATION OF DUPLICATIVE REPORT- ment reliability statistics; and mandates; ING REQUIREMENTS.—Not later than 1 year

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after the date of enactment of this Act, the ‘‘(A) IN GENERAL.—Subject to subparagraph roles and responsibilities of Committee Secretary shall— (B), the Committee may amend the cost allo- members and any other relevant entities, (1) review existing Amtrak reporting re- cation methodology required and previously such as host railroads, in meeting the identi- quirements and identify where the existing approved under section 209 of the Passenger fied goals and objectives, or carrying out the requirements are duplicative with the busi- Rail Investment and Improvement Act of recommendations. The Committee may con- ness line and capital plans required by sec- 2008 (49 U.S.C. 24101 note). sult with such relevant entities, as the Com- tion 24320 of title 49, United States Code; ‘‘(B) PROCEDURES FOR CHANGING METHOD- mittee considers appropriate, when devel- (2) if the duplicative reporting require- OLOGY.—The rules and procedures imple- oping the statement. ments are administrative, the Secretary mented under paragraph (4) shall include ‘‘(2) TRANSMISSION OF STATEMENT OF GOALS shall eliminate the duplicative require- procedures for changing the cost allocation AND OBJECTIVES.—Not later than 2 years ments; and methodology. after the date of enactment of the Railroad (3) submit to Congress a report with any ‘‘(C) REQUIREMENTS.—The cost allocation Reform, Enhancement, and Efficiency Act recommendations for repealing any other du- methodology shall— the Committee shall transmit the statement plicative Amtrak reporting requirements. ‘‘(i) ensure equal treatment in the provi- developed under paragraph (1) to the Com- SEC. 35203. STATE-SUPPORTED ROUTE COM- sion of like services of all States and groups mittee on Commerce, Science, and Transpor- MITTEE. of States; and tation of the Senate and the Committee on (a) AMENDMENT.—Chapter 247 is amended ‘‘(ii) allocate to each route the costs in- Transportation and Infrastructure of the by adding at the end the following: curred only for the benefit of that route and House of Representatives. ‘‘(g) RULE OF CONSTRUCTION.—The decisions ‘‘§ 24712. State-supported routes operated by a proportionate share, based upon factors of the Committee— Amtrak that reasonably reflect relative use, of costs incurred for the common benefit of more ‘‘(1) shall pertain to the rail operations of ‘‘(a) STATE-SUPPORTED ROUTE COM- Amtrak and related activities of trains oper- MITTEE.— than 1 route. ‘‘(b) INVOICES AND REPORTS.—Not later ated by Amtrak on State-sponsored routes; ‘‘(1) ESTABLISHMENT.—Not later than 180 and days after the date of enactment of the Rail- than February 15, 2016, and monthly there- after, Amtrak shall provide to each State ‘‘(2) shall not pertain to the rail operations road Reform, Enhancement, and Efficiency or related activities of services operated by Act, the Secretary of Transportation shall that sponsors a State-supported route a monthly invoice of the cost of operating other rail passenger carriers on State-sup- establish the State-Supported Route Com- such route, including fixed costs and third- ported routes. mittee (referred to in this section as the party costs. The Committee shall determine ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.— ‘Committee’) to promote mutual cooperation the frequency and contents of the financial The Federal Advisory Committee Act (5 and planning pertaining to the rail oper- and performance reports that Amtrak shall U.S.C. App.) shall not apply to the Com- ations of Amtrak and related activities of provide to the States, as well as the planning mittee. trains operated by Amtrak on State-sup- ‘‘(i) DEFINITION OF STATE.—In this section, and demand reports that the States shall ported routes and to further implement sec- the term ‘State’ means any of the 50 States, provide to Amtrak. tion 209 of the Passenger Rail Investment the District of Columbia, or a public entity ‘‘(c) DISPUTE RESOLUTION.— and Improvement Act of 2008 (49 U.S.C. 24101 that sponsor the operation of trains by Am- ‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If note). a dispute arises with respect to the rules and trak on a State-supported route.’’. (b) TECHNICAL AND CONFORMING AMEND- ‘‘(2) MEMBERSHIP.— procedures implemented under subsection MENTS.—The table of contents for chapter 247 ‘‘(A) IN GENERAL.—The Committee shall (a)(4), an invoice or a report provided under consist of— is amended by adding at the end the fol- subsection (b), implementation or compli- lowing: ‘‘(i) members representing Amtrak; ance with the cost allocation methodology ‘‘24712. State-supported routes operated by ‘‘(ii) members representing the Depart- developed under section 209 of the Passenger Amtrak.’’. ment of Transportation, including the Fed- Rail Investment and Improvement Act of eral Railroad Administration; and 2008 (49 U.S.C. 24101 note) or amended under SEC. 35204. ROUTE AND SERVICE PLANNING DE- CISIONS. ‘‘(iii) members representing States. subsection (a)(6) of this section, either Am- Section 208 of the Passenger Rail Invest- ‘‘(B) NON-VOTING MEMBERS.—The Com- trak or the State may request that the Sur- mittee may invite and accept other non-vot- ment and Improvement Act of 2008 (49 U.S.C. face Transportation Board conduct dispute 24101 note) is amended to read as follows: ing members to participate in Committee ac- resolution under this subsection. tivities, as appropriate. ‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE ‘‘(2) PROCEDURES.—The Surface Transpor- ‘‘(3) DECISIONMAKING.—The Committee AND SERVICE PLANNING DECISIONS. tation Board shall establish procedures for ‘‘(a) METHODOLOGY DEVELOPMENT.—Not shall establish a bloc voting system under resolution of disputes brought before it which, at a minimum— later than 180 days after the date of enact- under this subsection, which may include ment of the Railroad Reform, Enhancement, ‘‘(A) there are 3 separate voting blocs to provision of professional mediation services. represent the Committee’s voting members, and Efficiency Act, as a condition of receiv- ‘‘(3) BINDING EFFECT.—A decision of the including— ing a grant under section 101 of that Act, Surface Transportation Board under this Amtrak shall obtain the services of an inde- ‘‘(i) 1 voting bloc to represent the members subsection shall be binding on the parties to pendent entity to develop and recommend described in paragraph (2)(A)(i); the dispute. objective methodologies for Amtrak to use ‘‘(ii) 1 voting bloc to represent the mem- ‘‘(4) OBLIGATION.—Nothing in this sub- in determining what intercity rail passenger bers described in paragraph (2)(A)(ii); and section shall affect the obligation of a State transportation routes and services it should ‘‘(iii) 1 voting bloc to represent the mem- to pay an amount not in dispute. provide, including the establishment of new bers described in paragraph (2)(A)(iii); ‘‘(d) ASSISTANCE.— routes, the elimination of existing routes, ‘‘(B) each voting bloc has 1 vote; ‘‘(1) IN GENERAL.—The Secretary may pro- and the contraction or expansion of services ‘‘(C) the vote of the voting bloc rep- vide assistance to the parties in the course of or frequencies over such routes. resenting the members described in para- negotiations for a contract for operation of a ‘‘(b) CONSIDERATIONS.—Amtrak shall re- graph (2)(A)(iii) requires the support of at State-supported route. quire the independent entity, in developing least two-thirds of that voting bloc’s mem- ‘‘(2) FINANCIAL ASSISTANCE.—From among the methodologies described in subsection bers; and available funds, the Secretary shall— (a), to consider— ‘‘(D) the Committee makes decisions by ‘‘(A) provide financial assistance to Am- ‘‘(1) the current and expected performance unanimous consent of the 3 voting blocs. trak or 1 or more States to perform re- and service quality of intercity rail pas- ‘‘(4) MEETINGS; RULES AND PROCEDURES.— quested independent technical analysis of senger transportation operations, including The Committee shall convene a meeting and issues before the Committee; and cost recovery, on-time performance, rider- shall define and implement the rules and ‘‘(B) reimburse Members for travel ex- ship, on-board services, stations, facilities, procedures governing the Committee’s pro- penses, including per diem in lieu of subsist- equipment, and other services; ceedings not later than 180 days after the ence, in accordance with section 5703 of title ‘‘(2) the connectivity of a route with other date of establishment of the Committee by 5. routes; the Secretary. The rules and procedures ‘‘(e) PERFORMANCE METRICS.—In negoti- ‘‘(3) the transportation needs of commu- shall— ating a contract for operation of a State-sup- nities and populations that are not well ‘‘(A) incorporate and further describe the ported route, Amtrak and the State or served by intercity rail passenger transpor- decisionmaking procedures to be used in ac- States that sponsor the route shall consider tation service or by other forms of intercity cordance with paragraph (3); and including provisions that provide penalties transportation; ‘‘(B) be adopted in accordance with such and incentives for performance. ‘‘(4) the methodologies of Amtrak and decisionmaking procedures. ‘‘(f) STATEMENT OF GOALS AND OBJEC- major intercity rail passenger transpor- ‘‘(5) COMMITTEE DECISIONS.—Decisions made TIVES.— tation service providers in other countries by the Committee in accordance with the ‘‘(1) IN GENERAL.—The Committee shall de- for determining intercity passenger rail Committee’s rules and procedures, once es- velop a statement of goals, objectives, and routes and services; tablished, are binding on all Committee associated recommendations concerning the ‘‘(5) the financial and operational effects members. future of State-supported routes operated by on the overall network, including the effects ‘‘(6) COST ALLOCATION METHODOLOGY.— Amtrak. The statement shall identify the on indirect costs;

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COMPETITION. paragraph (1): ice, including— (a) ALTERNATE PASSENGER RAIL SERVICE ‘‘(A) A rail carrier or rail carriers that own ‘‘(1) the installment of an interim rail pas- PILOT PROGRAM.—Section 24711 is amended the infrastructure over which Amtrak oper- senger carrier; to read as follows: ates a long-distance route. ‘‘(2) providing to the interim rail passenger carrier under paragraph (1) an operating sub- ‘‘§ 24711. Alternate passenger rail service ‘‘(B) A rail passenger carrier with a writ- sidy necessary to provide service; and pilot program ten agreement with the rail carrier or rail ‘‘(3) rebidding the contract to operate the ‘‘(a) IN GENERAL.—Not later than 18 carriers that own the infrastructure over which Amtrak operates a long-distance route rail passenger transportation. months after the date of enactment of the ‘‘(e) BUDGET AUTHORITY.— Railroad Reform, Enhancement, and Effi- and that host or would host the intercity rail passenger transportation. ‘‘(1) IN GENERAL.—The Secretary shall pro- ciency Act, the Secretary of Transportation vide to a winning bidder that is not or does shall promulgate a rule to implement a pilot ‘‘(C) A State, group of States, or State-sup- ported joint powers authority or other sub- not include Amtrak and that is selected program for competitive selection of rail under this section any appropriations with- carriers for long-distance routes (as defined State governance entity responsible for pro- vision of intercity rail passenger transpor- held under section 35101(c) of the Railroad in section 24102). Reform, Enhancement, and Efficiency Act, ‘‘(b) PILOT PROGRAM REQUIREMENTS.— tation with a written agreement with the rail carrier or rail carriers that own the in- or any subsequent appropriation for the ‘‘(1) IN GENERAL.—The pilot program same purpose, necessary to cover the oper- shall— frastructure over which Amtrak operates a long-distance route and that host or would ating subsidy described in subsection ‘‘(A) allow a party described in paragraph (b)(1)(E)(ii). (2) to petition the Secretary to provide inter- host the intercity rail passenger transpor- tation. ‘‘(2) AMTRAK.—If the Secretary selects a city rail passenger transportation over a winning bidder that is not or does not in- long-distance route in lieu of Amtrak for an ‘‘(D) A State, group of States, or State- supported joint powers authority or other clude Amtrak, the Secretary may provide to operations period of 4 years from the date of Amtrak an appropriate portion of the appro- commencement of service by the winning sub-State governance entity responsible for provision of intercity rail passenger trans- priations under section 35101(a) of the Rail- bidder and, at the option of the Secretary, road Reform, Enhancement, and Efficiency consistent with the rule promulgated under portation and a rail passenger carrier with a written agreement with the rail carrier or Act, or any subsequent appropriation for the subsection (a), allow the contract to be re- same purpose, to cover any cost directly at- newed for an additional operations period of rail carriers that own the infrastructure over which Amtrak operates a long-distance route tributable to the termination of Amtrak 4 years, but not to exceed a total of 3 oper- service on the route and any indirect costs ations periods; and that host or would host the intercity rail passenger transportation. to Amtrak imposed on other Amtrak routes ‘‘(B) require the Secretary to— as a result of losing service on the route op- ‘‘(i) notify the petitioner and Amtrak of re- ‘‘(3) PERFORMANCE STANDARDS.—If the win- ning bidder under paragraph (1)(E)(i) is not erated by the winning bidder. Any amount ceipt of the petition under subparagraph (A) provided by the Secretary to Amtrak under and to publish in the Federal Register a no- or does not include Amtrak, the performance standards shall be consistent with the per- this paragraph shall not be deducted from or tice of receipt not later than 30 days after have any effect on the operating subsidy de- the date of receipt; and formance required of or achieved by Amtrak on the applicable route during the last fiscal scribed in subsection (b)(1)(E)(ii). ‘‘(ii) establish a deadline, of not more than ‘‘(f) DEADLINE.—If the Secretary does not year. 120 days after the notice of receipt is pub- promulgate the final rule and implement the ‘‘(4) AGREEMENT GOVERNING ACCESS lished in the Federal Register under clause program before the deadline under sub- (i), by which both the petitioner and Am- ISSUES.—Unless the winning bidder already section (a), the Secretary shall submit to the trak, if Amtrak chooses to do so, would be has applicable access agreements in place or Committee on Commerce, Science, and required to submit a complete bid to provide includes a rail carrier that owns the infra- Transportation of the Senate and the Com- intercity rail passenger transportation over structure used in the operation of the route, mittee on Transportation and Infrastructure the applicable route; the winning bidder under paragraph (1)(E)(i) of the House of Representatives a letter, ‘‘(C) require that each bid— shall enter into a written agreement gov- signed by the Secretary and Administrator ‘‘(i) describe the capital needs, financial erning access issues between the winning of the Federal Railroad Administration, each projections, and operational plans, including bidder and the rail carrier or rail carriers month until the rule is complete, including— staffing plans, for the service, and such other that own the infrastructure over which the ‘‘(1) the reasons why the rule has not been factors as the Secretary considers appro- winning bidder would operate and that host issued; priate; and or would host the intercity rail passenger ‘‘(2) an updated staffing plan for com- ‘‘(ii) be made available by the winning bid- transportation. pleting the rule as soon as feasible; der to the public after the bid award; ‘‘(c) ACCESS TO FACILITIES; EMPLOYEES.—If ‘‘(3) the contact information of the official ‘‘(D) for a route that receives funding from the Secretary awards the right and obliga- that will be overseeing the execution of the a State or States, require that for each bid tion to provide rail passenger transportation staffing plan; and received from a party described in paragraph over a route under this section to an entity ‘‘(4) the estimated date of completion of (2), other than a State, the Secretary have in lieu of Amtrak— the rule.

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‘‘(g) DISPUTES.—If Amtrak and the rail pas- form, Enhancement, and Efficiency Act, Am- (1) for local food and beverage products, en- senger carrier awarded a route under this trak shall develop and begin implementing a sure the products are integrated into exist- section cannot agree upon terms to carry out plan to eliminate, not later than 4 years ing food and beverage services, including subsection (c)(1), and the Surface Transpor- after the date of enactment of that Act, the compliance with all applicable regulations tation Board finds that access to Amtrak’s operating loss associated with providing food and standards; facilities or equipment, or the provision of and beverage service on board Amtrak (2) for promotional events, ensure the services by Amtrak, is necessary under sub- trains. events are held in compliance with all appli- section (c)(1) and that the operation of Am- ‘‘(b) CONSIDERATIONS.—In developing and cable regulations and standards, including trak’s other services will not be impaired implementing the plan under subsection (a), terms to address insurance requirements; thereby, the Surface Transportation Board Amtrak shall consider a combination of cost and shall issue an order that the facilities and management and revenue generation initia- (3) require an annual report that docu- equipment be made available, and that serv- tives, including— ments revenues and costs and indicates ices be provided, by Amtrak, and shall deter- ‘‘(1) scheduling optimization; whether the products or events resulted in a mine reasonable compensation, liability, and ‘‘(2) onboard logistics; reduction in the financial contribution of a other terms for use of the facilities and ‘‘(3) product development and supply chain State or States to the applicable State-sup- equipment and provision of the services. efficiency; ported route. ‘‘(h) LIMITATION.—Not more than 3 long- ‘‘(4) training, awards, and accountability; (d) REPORT.—Not later than 4 years after distance routes may be selected under this ‘‘(5) technology enhancements and process the date of establishment of the pilot pro- section for operation by a winning bidder improvements; and grams under this section, Amtrak shall re- that is not or does not include Amtrak. ‘‘(6) ticket revenue allocation. port to the Committee on Commerce, ‘‘(i) PRESERVATION OF RIGHT TO COMPETI- ‘‘(c) SAVINGS CLAUSE.—Amtrak shall en- Science, and Transportation of the Senate TION ON STATE-SUPPORTED ROUTES.—Nothing sure that no Amtrak employee holding a po- and the Committee on Transportation and in this section shall be construed as prohib- sition as of the date of enactment of the Infrastructure of the House of Representa- iting a State from introducing competition Railroad Reform, Enhancement, and Effi- tives on which States have participated in for intercity rail passenger transportation or ciency Act is involuntarily separated be- the pilot programs under this section. The services on its State-supported route or cause of— report shall summarize the financial and routes.’’. ‘‘(1) the development and implementation operational outcomes of the pilot programs. (b) REPORT.—Not later than 4 years after of the plan required under subsection (a); or (e) RULE OF CONSTRUCTION.—Nothing in the date of implementation of the pilot pro- ‘‘(2) any other action taken by Amtrak to this subsection shall be construed as lim- gram under section 24711 of title 49, United implement this section. iting Amtrak’s ability to operate special States Code, and quadrennially thereafter ‘‘(d) NO FEDERAL FUNDING FOR OPERATING trains in accordance with section 216 of the until the pilot program is discontinued, the LOSSES.—Beginning on the date that is 4 Passenger Rail Investment and Improvement Secretary shall submit to the Committee on years after the date of enactment of the Act of 2008 (49 U.S.C. 24308 note). Railroad Reform, Enhancement, and Effi- Commerce, Science, and Transportation of SEC. 35209. RIGHT-OF-WAY LEVERAGING. ciency Act, no Federal funds may be used to the Senate and the Committee on Transpor- (a) REQUEST FOR PROPOSALS.— cover any operating loss associated with pro- tation and Infrastructure of the House of (1) IN GENERAL.—Not later than 1 year after viding food and beverage service on a route Representatives a report on the results on the date of enactment of this Act, Amtrak operated by Amtrak or an alternative pas- the pilot program to date and any rec- shall issue a Request for Proposals seeking senger rail service provider that operates a ommendations for further action. qualified persons or entities to utilize right- SEC. 35206. ROLLING STOCK PURCHASES. route in lieu of Amtrak under section 24711. ‘‘(e) REPORT.—Not later than 120 days after of-way and real estate owned, controlled, or (a) IN GENERAL.—Prior to entering into managed by Amtrak for telecommunications any contract in excess of $100,000,000 for roll- the date of enactment of the Railroad Re- form, Enhancement, and Efficiency Act, and systems, energy distribution systems, and ing stock and locomotive procurements Am- other activities considered appropriate by trak shall submit a business case analysis to annually thereafter for a period of 4 years, Amtrak shall transmit to the Committee on Amtrak. the Secretary, the Committee on Commerce, (2) CONTENTS.—The Request for Proposals Science, and Transportation and the Com- Commerce, Science, and Transportation of the Senate and the Committee on Transpor- shall provide sufficient information on the mittee on Appropriations of the Senate and right-of-way and real estate assets to enable the Committee on Transportation and Infra- tation and Infrastructure of the House of Representatives a report on the plan devel- respondents to propose an arrangement that structure and the Committee on Appropria- will monetize or generate additional revenue tions of the House of Representatives, on the oped under subsection (a) and a description of progress in the implementation of the from such assets through revenue sharing or utility of such procurements. leasing agreements with Amtrak, to the ex- (b) CONTENTS.—The business case analysis plan.’’. ONFORMING AMENDMENT.—The table of tent possible. shall— (b) C contents for chapter 243, as amended in sec- (b) CONSIDERATION OF PROPOSALS.—Not (1) include a cost and benefit comparison tion 35202 of this Act, is amended by adding later than 180 days following the deadline for that describes the total lifecycle costs and at the end the following: the receipt of proposals under subsection (a), the anticipated benefits related to revenue, ‘‘24321. Food and beverage reform.’’. Amtrak shall review and consider each quali- operational efficiency, reliability, and other fied proposal. Amtrak may enter into such SEC. 35208. LOCAL PRODUCTS AND PRO- factors; agreements as are necessary to implement (2) set forth the total payments by fiscal MOTIONAL EVENTS. (a) IN GENERAL.—Not later than 6 months any qualified proposal. year; (c) REPORT.—Not later than 270 days fol- (3) identify the specific source and after the date of enactment of this Act, Am- trak shall establish a pilot program for a lowing the deadline for the receipt of pro- amounts of funding for each payment, in- posals under subsection (a), Amtrak shall cluding Federal funds, State funds, Amtrak State or States that sponsor a State-sup- ported route operated by Amtrak to facili- transmit to the Committee on Commerce, profits, Federal, State, or private loans or Science, and Transportation of the Senate loan guarantees, and other funding; tate— (1) onboard purchase and sale of local food and the Committee on Transportation and (4) include an explanation of whether any Infrastructure of the House of Representa- payment under the contract will increase and beverage products; and (2) partnerships with local entities to hold tives a report on the Request for Proposals Amtrak’s grant request, as required under required by this section, including summary section 24318 of title 49, United States Code, promotional events on trains or in stations. (b) PROGRAM DESIGN.—The pilot program information of any proposals submitted to in that particular fiscal year; and under paragraph (1) shall allow a State or Amtrak and any proposals accepted by Am- (5) describe how Amtrak will adjust the States— trak. procurement if future funding is not avail- (1) to nominate and select a local food and (d) SAVINGS CLAUSE.—Nothing in this sec- able. beverage products supplier or suppliers or tion shall be construed to limit Amtrak’s (c) RULE OF CONSTRUCTION.—Nothing in ability to utilize right-of-way or real estate this section shall be construed as requiring local promotional event partner; (2) to charge a reasonable price or fee for assets that it currently owns, controls, or Amtrak to disclose confidential information manages or constrain Amtrak’s ability to regarding a potential vendor’s proposed pric- local food and beverage products or pro- motional events and related activities to enter into agreements with other parties to ing or other sensitive business information utilize such assets. prior to contract execution. help defray the costs of program administra- tion and State-supported routes; and SEC. 35210. STATION DEVELOPMENT. SEC. 35207. FOOD AND BEVERAGE POLICY. (3) a mechanism to ensure that State prod- (a) REPORT ON DEVELOPMENT OPTIONS.—Not (a) IN GENERAL.—Chapter 243, as amended ucts can effectively be handled and inte- later than 1 year after the date of the enact- in section 35202 of this Act, is further amend- grated into existing food and beverage serv- ment of this Act, Amtrak shall submit a re- ed by adding after section 24320 the fol- ices, including compliance with all applica- port to the Committee on Commerce, lowing: ble regulations and standards governing such Science, and Transportation of the Senate ‘‘§ 24321. Food and beverage reform services. and the Committee on Transportation and ‘‘(a) PLAN.—Not later than 90 days after (c) PROGRAM ADMINISTRATION.—The pilot Infrastructure of the House of Representa- the date of enactment of the Railroad Re- program shall— tives that describes—

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Infrastructure of the House of Representa- ment and accessibility of and around Am- Section 205 of the Passenger Rail Invest- tives a report containing an evaluation of trak stations and terminals, for the purposes ment and Improvement Act of 2008 (49 U.S.C. the pilot program. of— 24101 note) is amended— (d) LIMITATION ON STATUTORY CONSTRUC- (A) improving station condition, (1) by striking ‘‘as of the date of enactment TION.— functionality, capacity, and customer amen- of this Act’’ each place it appears; (1) SERVICE ANIMALS.—The pilot program (2) in subsection (a)— ities; under subsection (a) shall be separate from (A) by inserting ‘‘, to the extent provided (B) generating additional investment cap- and in addition to the policy governing Am- in advance in appropriations Acts’’ after ital and development-related revenue trak passengers traveling with service ani- ‘‘Amtrak’s indebtedness’’; and streams; mals. Nothing in this section may be inter- (B) by striking the second sentence; (C) increasing ridership and revenue; preted to limit or waive the rights of pas- (3) in subsection (b), by striking ‘‘The Sec- (D) complying with the applicable sections sengers to transport service animals. of the Americans with Disabilities Act of retary of the Treasury, in consultation’’ and (2) ADDITIONAL TRAIN CARS.—Nothing in inserting ‘‘To the extent amounts are pro- 1990 (42 U.S.C. 12101 et seq.) and the Rehabili- this section may be interpreted to require vided in advance in appropriations Acts, the tation Act of 1973 (29 U.S.C. 701 et seq.); and Amtrak to add additional train cars or mod- Secretary of the Treasury, in consultation’’; (E) strengthening multimodal connections, ify existing train cars. including transit, intercity buses, roll-on (4) in subsection (d), by inserting ‘‘, to the (3) FEDERAL FUNDS.—No Federal funds may extent provided in advance in appropriations and roll-off bicycles, and airports, as appro- be used to implement the pilot program re- Acts’’ after ‘‘as appropriate’’; priate; and quired under this section. (2) options for additional Amtrak stops (5) in subsection (e)— that would have a positive incremental fi- (A) in paragraph (1), by striking ‘‘by sec- SEC. 35213. AMTRAK BOARD OF DIRECTORS. nancial impact to Amtrak, based on Amtrak tion 102 of this division’’; and (a) IN GENERAL.—Section 24302(a) is amend- feasibility studies that demonstrate a finan- (B) in paragraph (2), by striking ‘‘by sec- ed to read as follows: cial benefit to Amtrak by generating addi- tion 102’’ and inserting ‘‘for Amtrak’’; tional revenue that exceeds any incremental (6) in subsection (g), by inserting ‘‘, unless ‘‘(a) COMPOSITION AND TERMS.— costs. that debt receives credit assistance, includ- ‘‘(1) IN GENERAL.—The Amtrak Board of Di- (b) REQUEST FOR INFORMATION.—Not later ing direct loans and loan guarantees, under rectors (referred to in this section as the than 90 days after the date the report is chapter 6 of title 23, United States Code or ‘Board’) is composed of the following 9 direc- transmitted under subsection (a), Amtrak title V of the Railroad Revitalization and tors, each of whom must be a citizen of the shall issue a Request of Information for 1 or Regulatory Act of 1976 (45 U.S.C. 821 et seq.)’’ United States: more owners of stations served by Amtrak to after ‘‘Secretary’’; and ‘‘(A) The Secretary of Transportation. formally express an interest in completing (7) by striking subsection (h). ‘‘(B) The President of Amtrak. the requirements of this section. SEC. 35212. AMTRAK PILOT PROGRAM FOR PAS- ‘‘(C) 7 individuals appointed by the Presi- (c) PROPOSALS.— SENGERS TRANSPORTING DOMES- dent of the United States, by and with the TICATED CATS AND DOGS. (1) REQUEST FOR PROPOSALS.—Not later advice and consent of the Senate, with gen- (a) IN GENERAL.—Not later than 1 year than 180 days after the date the Request for eral business and financial experience, expe- after the date of enactment of this Act, Am- Information is issued under subsection (a), rience or qualifications in transportation, trak shall develop a pilot program that al- Amtrak shall issue a Request for Proposals freight and passenger rail transportation, lows passengers to transport domesticated from qualified persons, including small busi- travel, hospitality, or passenger air trans- cats or dogs on certain trains operated by portation businesses, or representatives of ness concerns owned and controlled by so- Amtrak. cially and economically disadvantaged indi- employees or users of passenger rail trans- (b) PET POLICY.—In developing the pilot portation or a State government. viduals and veteran-owned small businesses, program required under subsection (a), Am- to lead, participate, or partner with Amtrak, ‘‘(2) SELECTION.—In selecting individuals trak shall— described in paragraph (1)(C) for nominations a station owner that responded under sub- (1) in the case of a passenger train that is section (b), and other entities in enhancing for appointments to the Board, the President comprised of more than 1 car, designate, shall consult with the Speaker of the House development in and around such stations and where feasible, at least 1 car in which a terminals using applicable options identified of Representatives, the minority leader of ticketed passenger may transport a domes- the House of Representatives, the majority under subsection (a) at facilities selected by ticated cat or dog in the same manner as Amtrak. leader of the Senate, and the minority leader carry-on baggage if— of the Senate. The individuals appointed to (2) CONSIDERATION OF PROPOSALS.—Not (A) the cat or dog is contained in a pet later than 1 year after the date the Request the Board under paragraph (1)(C) shall be kennel; composed of the following; for Proposals are issued under paragraph (1), (B) the pet kennel complies with Amtrak Amtrak shall review and consider qualified ‘‘(A) 2 individuals from the Northeast Cor- size requirements for carriage of carry-on ridor. proposals submitted under paragraph (1). baggage; Amtrak or a station owner that responded ‘‘(B) 4 individuals from regions of the coun- (C) the passenger is traveling on a train op- try outside of the Northeast Corridor and under subsection (b) may enter into such erating on a route described in subparagraph agreements as are necessary to implement geographically distributed with— (A), (B), or (D) of section 24102(6) of title 49, ‘‘(i) 2 individuals from States with long- any qualified proposal. United States Code; and (d) REPORT.—Not later than 3 years after distance routes operated by Amtrak; and (D) the passenger pays a fee described in ‘‘(ii) 2 individuals from States with State- the date of enactment of this Act, Amtrak paragraph (3); shall transmit to the Committee on Com- supported routes operated by Amtrak. (2) allow a ticketed passenger to transport ‘‘(C) 1 individual from the Northeast Cor- merce, Science, and Transportation of the a domesticated cat or dog on a train in the Senate and the Committee on Transpor- ridor or a State with long-distance or State- same manner as cargo if— supported routes. tation and Infrastructure of the House of (A) the cat or dog is contained in a pet ‘‘(3) TERM.—An individual appointed under Representatives a report on the Request for kennel; Proposals process required under this sec- paragraph (1)(C) shall be appointed for a (B) the pet kennel is stowed in accordance term of 5 years. The term may be extended tion, including summary information of any with Amtrak requirements for cargo stow- qualified proposals submitted to Amtrak and until the individual’s successor is appointed age; and qualified. Not more than 4 individuals any proposals acted upon by Amtrak or a (C) the passenger is traveling on a train op- station owner that responded under sub- appointed under paragraph (1)(C) may be erating on a route described in subparagraph members of the same political party. section (b). (A), (B), or (D) of section 24102(6) of title 49, (e) DEFINITIONS.—In this section, the terms ‘‘(4) CHAIRPERSON AND VICE CHAIRPERSON.— United States Code; The Board shall elect a chairperson and vice ‘‘small business concern’’, ‘‘socially and eco- (D) the cargo area is temperature con- nomically disadvantaged individual’’, and chairperson, other than the President of Am- trolled in a manner protective of cat and dog trak, from among its membership. The vice ‘‘veteran-owned small business’’ have the safety and health; and meanings given the terms in section 304(c) of chairperson shall serve as chairperson in the (E) the passenger pays a fee described in absence of the chairperson. this Act. paragraph (3); and ‘‘(5) SECRETARY’S DESIGNEE.—The Sec- (f) SAVINGS CLAUSE.—Nothing in this sec- (3) collect fees for each cat or dog trans- tion shall be construed to limit Amtrak’s retary may be represented at Board meetings ported by a ticketed passenger in an amount by the Secretary’s designee.’’. ability to develop its stations, terminals, or that, in the aggregate and at a minimum, other assets, to constrain Amtrak’s ability covers the full costs of the pilot program. (b) RULE OF CONSTRUCTION.—Nothing in to enter into and carry out agreements with (c) REPORT.—Not later than 1 year after this section shall be construed as affecting other parties to enhance development at or the pilot program required under subsection the term of any director serving on the Am- around Amtrak stations or terminals, or to (a) is first implemented, Amtrak shall trans- trak Board of Directors under section affect any station development initiatives mit to the Committee on Commerce, 24302(a)(1)(C) of title 49, United States Code, ongoing as of the date of enactment of this Science, and Transportation of the Senate on the day preceding the date of enactment Act. and the Committee on Transportation and of this Act.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S6000 CONGRESSIONAL RECORD — SENATE July 27, 2015 SEC. 35214. AMTRAK BOARDING PROCEDURES. ‘‘(C) service frequency; ‘‘(A) 80 percent of the projected net oper- (a) REPORT.—Not later than 6 months after ‘‘(D) the planned routes and schedules; ating costs for the first year of service; the date of enactment of this Act, the Am- ‘‘(E) the station facilities that will be uti- ‘‘(B) 60 percent of the projected net oper- trak Office of Inspector General shall submit lized; ating costs for the second year of service; a report to the Committee on Commerce, ‘‘(F) projected ridership, revenues, and and Science, and Transportation of the Senate costs; ‘‘(C) 40 percent of the projected net oper- and the Committee on Transportation and ‘‘(G) descriptions of how the projections ating costs for the third year of service. Infrastructure of the House of Representa- under subparagraph (F) were developed; ‘‘(f) USE WITH CAPITAL GRANTS AND OTHER tives that— ‘‘(H) the equipment that will be utilized, FEDERAL FUNDING.—A recipient of an oper- (1) evaluates Amtrak’s boarding procedures how such equipment will be acquired or re- ating assistance grant under subsection (b) for passengers, including passengers using or furbished, and where such equipment will be may use that grant in combination with transporting nonmotorized transportation, maintained; and other grants awarded under this chapter or such as wheelchairs and bicycles, at its 15 ‘‘(I) a plan for ensuring safe operations and any other Federal funding that would benefit stations through which the most people pass; compliance with applicable safety regula- the applicable service. (2) compares Amtrak’s boarding procedures tions; ‘‘(g) AVAILABILITY.—Amounts appropriated to— ‘‘(3) a funding plan that— for carrying out this section shall remain (A) commuter railroad boarding procedures ‘‘(A) describes the funding of initial capital available until expended. at stations shared with Amtrak; costs and operating costs for the first 3 years ‘‘(h) COORDINATION WITH AMTRAK.—If the (B) international intercity passenger rail of operation; Secretary awards a grant under this section boarding procedures; and ‘‘(B) includes a commitment by the appli- to a rail passenger carrier other than Am- (C) fixed guideway transit boarding proce- cant to provide the funds described in sub- trak, Amtrak may be required under section dures; and paragraph (A) to the extent not covered by 24711(c)(1) of this title to provide access to (3) makes recommendations, as appro- Federal grants and revenues; and its reservation system, stations, and facili- priate, in consultation with the Transpor- ‘‘(C) describes the funding of operating ties that are directly related to operations to tation Security Administration, to improve costs and capital costs, to the extent nec- such carrier, to the extent necessary to Amtrak’s boarding procedures, including essary, after the first 3 years of operation; carry out the purposes of this section. The recommendations regarding the queuing of and Secretary may award an appropriate portion passengers and free-flow of all station users ‘‘(4) a description of the status of negotia- of the grant to Amtrak as compensation for and facility improvements needed to achieve tions and agreements with— this access. the recommendations. ‘‘(A) each of the railroads or regional ‘‘(i) CONDITIONS.— (b) CONSIDERATION OF RECOMMENDATIONS.— transportation authorities whose tracks or ‘‘(1) GRANT AGREEMENT.—The Secretary Not later than 6 months after the report is facilities would be utilized by the service; shall require grant recipients under this sec- submitted under subsection (a), Amtrak ‘‘(B) the anticipated rail passenger carrier, tion to enter into a grant agreement that re- shall consider each recommendation pro- if such entity is not part of the applicant vided under subsection (a)(3) for implementa- quires them to provide similar information group; and regarding the route performance, financial, tion at appropriate locations across the Am- ‘‘(C) any other service providers or entities trak system. and ridership projections, and capital and expected to provide services or facilities that business plans that Amtrak is required to Subtitle C—Intercity Passenger Rail Policy will be used by the service, including any re- provide, and such other data and information SEC. 35301. COMPETITIVE OPERATING GRANTS. quired access to Amtrak systems, stations, as the Secretary deems necessary. (a) IN GENERAL.—Chapter 244 is amended— and facilities if Amtrak is not part of the ap- ‘‘(2) INSTALLMENTS; TERMINATION.—The (1) by striking section 24406; and plicant group. Secretary may— ‘‘(d) PRIORITIES.—In awarding grants under (2) by inserting after section 24405 the fol- ‘‘(A) award grants under this section in in- this section, the Secretary shall give pri- lowing: stallments, as the Secretary considers appro- ority to applications— ‘‘§ 24406. Competitive operating grants priate; and ‘‘(1) for which planning, design, any envi- ‘‘(a) APPLICANT DEFINED.—In this section, ‘‘(B) terminate any grant agreement ronmental reviews, negotiation of agree- the term ‘applicant’ means— upon— ments, acquisition of equipment, construc- ‘‘(1) a State; ‘‘(i) the cessation of service; or tion, and other actions necessary for initi- ‘‘(2) a group of States; ‘‘(ii) the violation of any other term of the ation of service have been completed or near- ‘‘(3) an Interstate Compact; grant agreement. ly completed; ‘‘(4) a public agency or publicly chartered ‘‘(3) GRANT CONDITIONS.—Except as specifi- ‘‘(2) that would restore service over routes authority established by 1 or more States cally provided in this section, the use of any formerly operated by Amtrak, including and having responsibility for providing inter- amounts appropriated for grants under this routes with international connections; city rail passenger transportation or com- section shall be subject to the requirements ‘‘(3) that would provide daily or daytime muter rail passenger transportation; under this chapter. service over routes where such service did ‘‘(5) a political subdivision of a State; ‘‘(j) REPORT.—Not later than 4 years after not previously exist; ‘‘(6) Amtrak or another rail passenger car- the date of enactment of the Railroad Re- ‘‘(4) that include private funding (including rier that provides intercity rail passenger form, Enhancement, and Efficiency Act, the funding from railroads), and funding or other transportation; Secretary, after consultation with grant re- significant participation by State, local, and ‘‘(7) Any rail carrier in partnership with at cipients under this section, shall submit a regional governmental and private entities; least 1 of the entities described in para- report to Congress that describes— ‘‘(5) that include a funding plan that dem- graphs (1) through (5); and ‘‘(1) the implementation of this section; onstrates the intercity rail passenger service ‘‘(8) any combination of the entities de- ‘‘(2) the status of the investments and op- will be financially sustainable beyond the 3- scribed in paragraphs (1) through (7). erations funded by such grants; year grant period; ‘‘(b) GRANTS AUTHORIZED.—The Secretary ‘‘(3) the performance of the routes funded ‘‘(6) that would provide service to regions of Transportation shall develop and imple- by such grants; and communities that are underserved or not ment a program for issuing 3-year operating ‘‘(4) the plans of grant recipients for con- served by other intercity public transpor- assistance grants to applicants, on a com- tinued operation and funding of such routes; tation; petitive basis, for the purpose of initiating, and ‘‘(7) that would foster economic develop- restoring, or enhancing intercity rail pas- ‘‘(5) any legislative recommendations.’’. senger service. ment, particularly in rural communities and (b) CONFORMING AMENDMENTS.—Chapter 244 ‘‘(c) APPLICATION.—An applicant for a for disadvantaged populations; is amended— grant under this section shall submit to the ‘‘(8) that would provide other non-trans- (1) in the table of contents, by inserting Secretary— portation benefits; and after the item relating to section 24405 the ‘‘(1) a capital and mobilization plan that— ‘‘(9) that would enhance connectivity and following: ‘‘(A) describes any capital investments, geographic coverage of the existing national service planning actions (such as environ- network of intercity passenger rail service. ‘‘24406. Competitive operating grants.’’; mental reviews), and mobilization actions ‘‘(e) LIMITATIONS.— (2) in the chapter title, by striking (such as qualification of train crews) re- ‘‘(1) DURATION.—Federal operating assist- ‘‘INTERCITY PASSENGER RAIL SERVICE quired for initiation of service; and ance grants authorized under this section for CORRIDOR CAPITAL’’ and inserting ‘‘RAIL ‘‘(B) includes the timeline for undertaking any individual intercity rail passenger trans- CAPITAL AND OPERATING’’; and completing each of the investments and portation route may not provide funding for (3) in section 24401, by striking paragraph actions referred to in subparagraph (A); more than 3 years and may not be renewed. (1); ‘‘(2) an operating plan that describes the ‘‘(2) LIMITATION.—Not more than 6 of the (4) in section 24402, by striking subsection planned operation of the service, including— operating assistance grants awarded pursu- (j) and inserting the following: ‘‘(A) the identity and qualifications of the ant to subsection (b) may be simultaneously ‘‘(j) APPLICANT DEFINED.—In this section, train operator; active. the term ‘applicant’ means a State (includ- ‘‘(B) the identity and qualifications of any ‘‘(3) MAXIMUM FUNDING.—Grants described ing the District of Columbia), a group of other service providers; in paragraph (1) may not exceed— States, an Interstate Compact, a public

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agency or publicly chartered authority es- ‘‘(3) NORTHEAST CORRIDOR.—The term Capital Investment Plan developed pursuant tablished by 1 or more States and having re- ‘Northeast Corridor’ means— to section 24904(a). sponsibility for providing intercity rail pas- ‘‘(A) the main rail line between Boston, ‘‘(f) NORTHEAST CORRIDOR PROJECTS.— senger transportation, or a political subdivi- Massachusetts and the Virginia Avenue ‘‘(1) COMPLIANCE WITH USAGE AGREE- sion of a State.’’; and interlocking in the District of Columbia; and MENTS.—Grant funds may not be provided (5) in section 24405— ‘‘(B) the branch rail lines connecting to under this section to an eligible recipient for (A) in subsection (b)— Harrisburg, Pennsylvania, Springfield, Mas- an eligible project located on the Northeast (i) by inserting ‘‘, or for which an oper- sachusetts, and Spuyten Duyvil, New York. Corridor unless Amtrak and the public au- ating grant is issued under section 24406,’’ ‘‘(4) QUALIFIED RAILROAD ASSET.—The term thorities providing commuter rail passenger after ‘‘chapter’’; and ‘qualified railroad asset’ means infrastruc- transportation on the Northeast Corridor are (ii) in paragraph (2), by striking ‘‘(43’’ and ture, equipment, or a facility that— in compliance with section 24905(c)(2). inserting ‘‘(45’’; ‘‘(A) is owned or controlled by an eligible ‘‘(2) CAPITAL INVESTMENT PLAN.—When se- (B) in subsection (d)(1), in the matter pre- applicant; and lecting projects located on the Northeast ceding subparagraph (A), by inserting ‘‘or ‘‘(B) was not in a state of good repair on Corridor, the Secretary shall consider the unless Amtrak ceased providing intercity the date of enactment of the Railroad Re- appropriate sequence and phasing of projects passenger railroad transportation over the form, Enhancement, and Efficiency Act. as contained in the Northeast Corridor Cap- affected route more than 3 years before the ‘‘(b) GRANT PROGRAM AUTHORIZED.—The ital Investment Plan developed pursuant to commencement of new service’’ after ‘‘unless Secretary of Transportation shall develop section 24904(a). ‘‘(g) FEDERAL SHARE OF TOTAL PROJECT such service was provided solely by Amtrak and implement a program for issuing grants COSTS.— to another entity’’; to applicants, on a competitive basis, to fund ‘‘(1) TOTAL PROJECT COST.—The Secretary (C) in subsection (f), by striking ‘‘under capital projects that reduce the state of good shall estimate the total cost of a project this chapter for commuter rail passenger repair backlog on qualified railroad assets. transportation, as defined in section 24012(4) under this section based on the best avail- ‘‘(c) ELIGIBLE PROJECTS.—Projects eligible of this title.’’ and inserting ‘‘under this able information, including engineering for grants under this section include capital chapter for commuter rail passenger trans- studies, studies of economic feasibility, envi- projects to replace or rehabilitate qualified portation (as defined in section 24102(3)).’’; ronmental analyses, and information on the railroad assets, including— and expected use of equipment or facilities. ‘‘(1) capital projects to replace existing as- (D) by adding at the end the following: ‘‘(2) FEDERAL SHARE.—The Federal share of sets in-kind; ‘‘(g) SPECIAL TRANSPORTATION CIR- total costs for a project under this sub- CUMSTANCES.—In carrying out this chapter, ‘‘(2) capital projects to replace existing as- section shall not exceed 80 percent. sets with assets that increase capacity or the Secretary shall allocate an appropriate ‘‘(3) TREATMENT OF AMTRAK REVENUE.—If portion of the amounts available under this provide a higher level of service; and Amtrak or another rail passenger carrier is chapter to provide grants to States— ‘‘(3) capital projects to ensure that service an applicant under this section, Amtrak or ‘‘(1) in which there is no intercity pas- can be maintained while existing assets are the other rail passenger carrier, as applica- senger rail service, for the purpose of funding brought to a state of good repair. ble, may use ticket and other revenues gen- freight rail capital projects that are on a ‘‘(d) PROJECT SELECTION CRITERIA.—In se- erated from its operations and other sources State rail plan developed under chapter 227 lecting an applicant for a grant under this to satisfy the non-Federal share require- that provide public benefits (as defined in section, the Secretary shall— ments. chapter 227), as determined by the Secretary; ‘‘(1) give preference to eligible projects— ‘‘(h) LETTERS OF INTENT.— or ‘‘(A) that are consistent with the goals, ob- ‘‘(1) IN GENERAL.—The Secretary may issue ‘‘(2) in which the rail transportation sys- jectives, and policies defined in any regional a letter of intent to a grantee under this sec- tem is not physically connected to rail sys- rail planning document that is applicable to tion that— tems in the continental United States or a project proposal; and ‘‘(A) announces an intention to obligate, may not otherwise qualify for a grant under ‘‘(B) for which the proposed Federal share for a major capital project under this sec- this section due to the unique characteris- of total project costs does not exceed 50 per- tion, an amount from future available budg- tics of the geography of that State or other cent; and et authority specified in law that is not more relevant considerations, for the purpose of ‘‘(2) take into account— than the amount stipulated as the financial funding transportation-related capital ‘‘(A) the cost-benefit analysis of the pro- participation of the Secretary in the project; projects.’’. posed project, including anticipated private and SEC. 35302. FEDERAL-STATE PARTNERSHIP FOR and public benefits relative to the costs of ‘‘(B) states that the contingent commit- STATE OF GOOD REPAIR. the proposed project, including— ment— (a) AMENDMENT.—Chapter 244 is amended ‘‘(i) effects on system and service perform- ‘‘(i) is not an obligation of the Federal by inserting after section 24406, as added by ance; Government; and section 5301 of this Act, the following: ‘‘(ii) effects on safety, competitiveness, re- ‘‘(ii) is subject to the availability of appro- ‘‘§ 24407. Federal-State partnership for state liability, trip or transit time, and resilience; priations under Federal law and to Federal of good repair ‘‘(iii) efficiencies from improved integra- laws in force or enacted after the date of the ‘‘(a) DEFINITIONS.—In this section: tion with other modes; and contingent commitment. ‘‘(1) APPLICANT.—The term ‘applicant’ ‘‘(iv) ability to meet existing or antici- ‘‘(2) CONGRESSIONAL NOTIFICATION.— means— pated demand; ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(A) a State (including the District of Co- ‘‘(B) the degree to which the proposed before issuing a letter under paragraph (1), lumbia); project’s business plan considers potential the Secretary shall submit written notifica- ‘‘(B) a group of States; private sector participation in the financing, tion to— ‘‘(C) an Interstate Compact; construction, or operation of the proposed ‘‘(i) the Committee on Commerce, Science, ‘‘(D) a public agency or publicly chartered project; and Transportation of the Senate; authority established by 1 or more States ‘‘(C) the applicant’s past performance in ‘‘(ii) the Committee on Appropriations of that has responsibility for providing inter- developing and delivering similar projects, the Senate; city rail passenger transportation or com- and previous financial contributions; ‘‘(iii) the Committee on Transportation muter rail passenger transportation; ‘‘(D) whether the applicant has, or will and Infrastructure of the House of Rep- ‘‘(E) a political subdivision of a State; have— resentatives; and ‘‘(F) Amtrak, acting on its own behalf or ‘‘(i) the legal, financial, and technical ca- ‘‘(iv) the Committee on Appropriations of under a cooperative agreement with 1 or pacity to carry out the project; the House of Representatives. more States; or ‘‘(ii) satisfactory continuing control over ‘‘(B) CONTENTS.—The notification sub- ‘‘(G) any combination of the entities de- the use of the equipment or facilities; and mitted pursuant to subparagraph (A) shall scribed in subparagraphs (A) through (F). ‘‘(iii) the capability and willingness to include— ‘‘(2) CAPITAL PROJECT.—The term ‘capital maintain the equipment or facilities; ‘‘(i) a copy of the proposed letter or agree- project’ means— ‘‘(E) if applicable, the consistency of the ment; ‘‘(A) a project primarily intended to re- project with planning guidance and docu- ‘‘(ii) the criteria used under subsection (d) place, rehabilitate, or repair major infra- ments set forth by the Secretary or required for selecting the project for a grant award; structure assets utilized for providing inter- by law; and and city passenger rail service, including tun- ‘‘(F) any other relevant factors, as deter- ‘‘(iii) a description of how the project nels, bridges, stations, and other assets, as mined by the Secretary. meets such criteria. determined by the Secretary; or ‘‘(e) PLANNING REQUIREMENTS.—A project is ‘‘(3) APPROPRIATIONS REQUIRED.—An obliga- ‘‘(B) a project primarily intended to im- not eligible for a grant under this section un- tion or administrative commitment may be prove intercity passenger rail performance, less the project is specifically identified— made under this section only when amounts including reduced trip times, increased train ‘‘(1) on a State rail plan prepared in ac- are appropriated for such purpose. frequencies, higher operating speeds, and cordance with chapter 227; or ‘‘(i) AVAILABILITY.—Amounts appropriated other improvements, as determined by the ‘‘(2) if the project is located on the North- for carrying out this section shall remain Secretary. east Corridor, on the Northeast Corridor available until expended.

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‘‘(j) GRANT CONDITIONS.—Except as specifi- section (a) to the Committee on Commerce, (d) REPORT.—Not later than 9 months after cally provided in this section, the use of any Science, and Transportation of the Senate the date of enactment of this Act, the work- amounts appropriated for grants under this and the Committee on Transportation and ing group shall submit a report to the Com- section shall be subject to the requirements Infrastructure of the House of Representa- mittee on Commerce, Science, and Transpor- under this chapter.’’. tives. tation of the Senate and the Committee on (b) CONFORMING AMENDMENT.—The table of (c) DEFINITIONS.—In this section: Transportation and Infrastructure of the contents for chapter 244 is amended by in- (1) SMALL BUSINESS CONCERN.—The term House of Representatives that includes— serting after the item relating to section ‘‘small business concern’’ has the meaning (1) the preferred option selected under sub- 24406 the following: given such term in section 3 of the Small section (c)(2) and the reasons for selecting ‘‘24407. Federal-State partnership for state of Business Act (15 U.S.C. 632), except that the such option; good repair.’’. term does not include any concern or group (2) the information described in subsection of concerns controlled by the same socially (c)(3); SEC. 35303. LARGE CAPITAL PROJECT REQUIRE- and economically disadvantaged individual (3) the funding sources identified under MENTS. or individuals that have average annual subsection (c)(4); Section 24402 is amended by adding at the gross receipts during the preceding 3 fiscal (4) the costs and benefits of restoring inter- end the following: years in excess of $22,410,000, as adjusted an- city rail passenger transportation in the re- ‘‘(m) LARGE CAPITAL PROJECT REQUIRE- nually by the Secretary for inflation. gion; and MENTS.— (2) SOCIALLY AND ECONOMICALLY DISADVAN- (5) any other information the working ‘‘(1) IN GENERAL.—For a grant awarded TAGED INDIVIDUAL.—The term ‘‘socially and group determines appropriate. under this chapter for an amount in excess of economically disadvantaged individual’’ has SEC. 35306. INTEGRATED PASSENGER RAIL $1,000,000,000, the following conditions shall the meaning given such term in section 8(d) WORKING GROUP. apply: of the Small Business Act (15 U.S.C. 637(d)) (a) IN GENERAL.—Not later than 180 days ‘‘(A) The Secretary of Transportation may and relevant subcontracting regulations after the date of enactment of this Act, the not obligate any funding unless the appli- issued pursuant to such Act, except that Secretary shall convene a working group to cant demonstrates, to the satisfaction of the women shall be presumed to be socially and review issues relating to— Secretary, that the applicant has com- economically disadvantaged individuals for (1) the potential operation of State-sup- mitted, and will be able to fulfill, the non- purposes of this section. ported routes by rail passenger carriers Federal share required for the grant within (3) VETERAN-OWNED SMALL BUSINESS.—The other than Amtrak; and the applicant’s proposed project completion term ‘‘veteran-owned small business’’ has (2) their role in establishing an integrated timetable. the meaning given the term ‘‘small business intercity passenger rail network in the ‘‘(B) The Secretary may not obligate any concern owned and controlled by veterans’’ United States. funding for work activities that occur after in section 3(q)(3) of the Small Business Act (b) MEMBERSHIP.—The working group shall the completion of final design unless— (15 U.S.C. 632(q)(3)), except that the term consist of a balanced representation of— ‘‘(i) the applicant submits a financial plan does not include any concern or group of (1) the Federal Railroad Administration, to the Secretary that generally identifies the who shall chair the Working Group; concerns controlled by the same veterans sources of the non-Federal funding required (2) States that fund State-sponsored that have average annual gross receipts dur- for any subsequent segments or phases of the routes; ing the preceding 3 fiscal years in excess of corridor service development program cov- (3) independent passenger rail operators, $22,410,000, as adjusted annually by the Sec- ering the project for which the grant is including those that carry at least 5,000,000 retary for inflation. awarded; passengers annually in United States or ‘‘(ii) the grant will result in a useable seg- SEC. 35305. GULF COAST RAIL SERVICE WORKING international rail service; GROUP. ment, a transportation facility, or equip- (4) Amtrak; (a) IN GENERAL.—Not later than 90 days ment, that has operational independence or after the date of enactment of this Act, the (5) railroads that host intercity State-sup- is financially sustainable; and Secretary shall convene a working group to ported routes; ‘‘(iii) the intercity passenger rail benefits evaluate the restoration of intercity rail pas- (6) employee representatives from railroad anticipated to result from the grant, such as senger service in the Gulf Coast region be- unions and building trade unions with sub- increased speed, improved on-time perform- tween New Orleans, Louisiana, and Orlando, stantial engagement in railroad rights of ance, reduced trip time, increased fre- Florida. way construction and maintenance; and quencies, new service, safety improvements, (b) MEMBERSHIP.—The working group con- (7) other entities determined appropriate improved accessibility, or other significant vened pursuant to subsection (a) shall con- by the Secretary. enhancements, are detailed by the grantee sist of representatives of— (c) RESPONSIBILITIES.—The working group and approved by the Secretary. (1) the Federal Railroad Administration, shall evaluate options for improving State- ‘‘(C)(i) The Secretary shall ensure that the which shall serve as chair of the working supported routes and may make rec- project is maintained to the level of utility group; ommendations, as appropriate, regarding— (1) best practices for State or State author- that is necessary to support the benefits ap- (2) Amtrak; ity governance of State-supported routes; proved under subparagraph (B)(iii) for a pe- (3) the States along the proposed route or (2) future sources of Federal and non-Fed- riod of 20 years from the date on which the routes; eral funding sources for State-supported useable segment, transportation facility, or (4) regional transportation planning orga- routes; equipment described in subparagraph (B)(ii) nizations and metropolitan planning organi- (3) best practices in obtaining passenger is placed in service. zations, municipalities, and communities rail operations and services on a competitive ‘‘(ii) If the project property is not main- along the proposed route or routes, which basis with the objective of creating the high- tained as required under clause (i) for a 12- shall be selected by the Administrator; est quality service at the lowest cost to the month period, the grant recipient shall re- (5) the Southern Rail Commission; fund a pro-rata share of the Federal con- taxpayer; (6) freight railroad carriers whose tracks (4) ensuring potential interoperability of tribution, based upon the percentage remain- may be used for such service; and ing of the 20-year period that commenced State-supported routes as a part of a na- (7) other entities determined appropriate tional network with multiple providers pro- when the project property was placed in by the Secretary, which may include inde- service. viding integrated services including pendent passenger rail operators that ex- ticketing, scheduling, and route planning; ‘‘(2) EARLY WORK.—The Secretary may press an interest in Gulf Coast service. and allow a grantee subject to this subsection to (c) RESPONSIBILITIES.—The working group (5) the interface between State-supported engage in at-risk work activities subsequent shall— routes and connecting commuter rail oper- to the conclusion of final design if the Sec- (1) evaluate all options for restoring inter- ations, including maximized intra-modal and retary determines that such work activities city rail passenger service in the Gulf Coast intermodal connections and common sources are reasonable and necessary.’’. region, including options outlined in the re- of funding for capital projects. SEC. 35304. SMALL BUSINESS PARTICIPATION port transmitted to Congress pursuant to (d) MEETINGS.—Not later than 60 days after STUDY. section 226 of the Passenger Rail Investment the establishment of the working group by (a) STUDY.—The Secretary shall conduct a and Improvement Act of 2008 (division B of the Secretary under subsection (a), the nationwide disparity and availability study Public Law 110–432); working group shall convene an organiza- on the availability and use of small business (2) select a preferred option for restoring tional meeting outside of the District of Co- concerns owned and controlled by socially such service; lumbia and shall define the rules and proce- and economically disadvantaged individuals (3) develop a prioritized inventory of cap- dures governing the proceedings of the work- and veteran-owned small businesses in pub- ital projects and other actions required to ing group. The working group shall hold at licly funded intercity passenger rail service restore such service and cost estimates for least 3 meetings per year in States that fund projects. such projects or actions; and State-supported routes. (b) REPORT.—Not later than 4 years after (4) identify Federal and non-Federal fund- (e) REPORTS.— the date of enactment of this Act, the Sec- ing sources required to restore such service, (1) PRELIMINARY REPORT.—Not later than 1 retary shall submit a report containing the including options for entering into public- year after the date the working group is es- results of the study conducted under sub- private partnerships to restore such service. tablished, the working group shall submit a

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(c) REPORT.—Not later than 60 days after (D) by striking subparagraph (B) through (2) FINAL LEGISLATIVE RECOMMENDATIONS.— the study under subsection (a) is complete, (D) and inserting the following: Not later than 2 years after the date the the Secretary shall submit to the Committee ‘‘(B) develop a proposed timetable for im- working group is established, the working on Commerce, Science, and Transportation plementing the policy; group shall submit a report to the Com- of the Senate and the Committee on Trans- ‘‘(C) submit the policy and timetable de- mittee on Commerce, Science, and Transpor- portation and Infrastructure of the House of veloped under subparagraph (B) to the Sur- tation of the Senate and the Committee on Representatives a report that includes— face Transportation Board, the Committee Transportation and Infrastructure of the (1) the results of the study; and on Commerce, Science, and Transportation House of Representatives that includes final (2) any recommendations for further ac- of the Senate, and the Committee on Trans- legislative recommendations. tion, including any legislative proposals con- portation and Infrastructure of the House of SEC. 35307. SHARED-USE STUDY. sistent with such recommendations. Representatives; (a) IN GENERAL.—Not later than 3 years (d) IMPLEMENTATION.—The Secretary shall ‘‘(D) not later than October 1, 2015, adopt after the date of enactment of this Act, the integrate the recommendations submitted and implement the policy in accordance with Secretary, in consultation with Amtrak, under subsection (c) into its financial assist- the timetable; and commuter rail authorities, and other pas- ance programs under subtitle V of title 49, ‘‘(E) with the consent of a majority of its senger rail operators, railroad carriers that United States Code, and section 502 of the members, the Commission may petition the own rail infrastructure over which both pas- Railroad Revitalization and Regulatory Re- Surface Transportation Board to appoint a senger and freight trains operate, States, the form Act of 1976 (45 U.S.C. 822), as appro- mediator to assist the Commission members Surface Transportation Board, the Northeast priate. through nonbinding mediation to reach an Corridor Commission established under sec- SEC. 35308. NORTHEAST CORRIDOR COMMISSION. agreement under this section.’’; tion 24905, the State-Supported Route Com- (a) COMPOSITION.—Section 24905(a) is (3) in paragraph (2)— mittee established under section 24712, and amended— (A) by striking ‘‘formula proposed in’’ and groups representing rail passengers and cus- (1) in paragraph (1)— inserting ‘‘policy developed under’’; and tomers, as appropriate, shall complete a (A) in the matter preceding subparagraph (B) in the second sentence— study that evaluates— (A), by inserting ‘‘, infrastructure invest- (i) by striking ‘‘the timetable, the Com- (1) the shared use of right-of-way by pas- ments,’’ after ‘‘rail operations’’; mission shall petition the Surface Transpor- senger and freight rail systems; and (B) by amending subparagraph (B) to read tation Board to’’ and inserting ‘‘paragraph (2) the operational, institutional, and legal as follows: (1)(D) or fail to comply with the policy structures that would best support improve- ‘‘(B) members representing the Depart- thereafter, the Surface Transportation Board ments to the systems referred to in para- ment of Transportation, including the Office shall’’; and graph (1). of the Secretary, the Federal Railroad Ad- (ii) by striking ‘‘amounts for such services (b) AREAS OF STUDY.—In conducting the ministration, and the Federal Transit Ad- in accordance with section 24904(c) of this study under subsection (a), the Secretary ministration;’’; and title’’ and inserting ‘‘for such usage in ac- shall evaluate— (C) in subparagraph (D) by inserting ‘‘and cordance with the procedures and procedural (1) the access and use of railroad right-of- commuter’’ after ‘‘freight’’; and schedule applicable to a proceeding under way by a rail carrier that does not own the (2) by amending paragraph (6) to read as section 24903(c), after taking into consider- right-of-way, such as passenger rail services follows: ation the policy developed under paragraph that operate over privately-owned right-of- ‘‘(6) The members of the Commission shall (1)(A), as applicable’’; way, including an analysis of— elect co-chairs consisting of 1 member de- (4) in paragraph (3), by striking ‘‘formula’’ (A) access agreements; scribed in paragraph (1)(B) and 1 member de- and inserting ‘‘policy’’; and (B) costs of access; and scribed in paragraph (1)(C).’’. (5) by adding at the end the following: (C) the resolution of disputes relating to (b) STATEMENT OF GOALS AND RECOMMENDA- ‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If such access or costs; TIONS.—Section 24905(b) is amended— a dispute arises with the implementation of, (2) the effectiveness of existing contrac- (1) in paragraph (1), by inserting ‘‘and peri- or compliance with, the policy developed tual, statutory, and regulatory mechanisms odically update’’ after ‘‘develop’’; under paragraph (1), the Commission, Am- for establishing, measuring, and enforcing (2) in paragraph (2)(A), by striking ‘‘beyond trak, or public authorities providing com- train performance standards, including— those specified in the state of good repair muter rail passenger transportation on the (A) the manner in which passenger train plan under section 211 of the Passenger Rail Northeast Corridor may request that the delays are recorded; Investment and Improvement Act of 2008’’; Surface Transportation Board conduct dis- (B) the assignment of responsibility for and pute resolution. The Surface Transportation such delays; and (3) by adding at the end the following: Board shall establish procedures for resolu- (C) the use of incentives and penalties for ‘‘(3) SUBMISSION OF STATEMENT OF GOALS, tion of disputes brought before it under this performance; RECOMMENDATIONS, AND PERFORMANCE RE- paragraph, which may include the provision (3) strengths and weaknesses in the exist- PORTS.—The Commission shall submit to the of professional mediation services.’’. ing mechanisms described in paragraph (2) Committee on Commerce, Science, and (d) CONFORMING AMENDMENTS.—Section and possible approaches to address the weak- Transportation of the Senate and the Com- 24905 is amended— nesses; mittee on Transportation and Infrastructure (1) by striking subsection (d); (4) mechanisms for measuring and main- of the House of Representatives— (2) by redesignating subsections (e) and (f) taining public benefits resulting from pub- ‘‘(A) any updates made to the statement of as subsections (d) and (e), respectively; licly funded freight or passenger rail im- goals developed under paragraph (1) not later (3) in subsection (d), as redesignated, by provements, including improvements di- than 60 days after such updates are made; striking ‘‘to the Commission such sums as rected towards shared-use right-of-way by and may be necessary for the period encom- passenger and freight rail; ‘‘(B) annual performance reports and rec- passing fiscal years 2009 through 2013 to (5) approaches to operations, capacity, and ommendations for improvements, as appro- carry out this section’’ and inserting ‘‘to the cost estimation modeling that— priate, issued not later than March 31 of each Secretary for the use of the Commission and (A) allows for transparent decisionmaking; year, for the prior fiscal year, which summa- the Northeast Corridor Safety Committee and rize— such sums as may be necessary to carry out (B) protects the proprietary interests of all ‘‘(i) the operations and performance of this section during fiscal year 2016 through parties; commuter, intercity, and freight rail trans- 2019, in addition to amounts withheld under (6) liability requirements and arrange- portation along the Northeast Corridor; and section 35101(e) of the Railroad Reform, En- ments, including— ‘‘(ii) the delivery of the capital plan de- hancement, and Efficiency Act’’; and (A) whether to expand statutory liability scribed in section 24904.’’. (4) in subsection (e)(2), as redesignated, by limits to additional parties; (c) COST ALLOCATION POLICY.—Section striking ‘‘on the main line.’’ and inserting (B) whether to revise the current statutory 24905(c) is amended— ‘‘on the main line and meet annually with liability limits; (1) in the subsection heading, by striking the Commission on the topic of Northeast (C) whether current insurance levels of ‘‘ACCESS COSTS’’ and inserting ‘‘ALLOCATION Corridor safety and security.’’. passenger rail operators are adequate and OF COSTS’’; (e) NORTHEAST CORRIDOR PLANNING.—

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(1) AMENDMENT.—Chapter 249 is amended— ‘‘(A) identify funding sources and financing (1) IN GENERAL.—Not later than 3 years (A) by redesignating section 24904 as sec- methods; after the date of enactment of this Act, the tion 24903; and ‘‘(B) identify the expected allocated shares Northeast Corridor Commission established (B) by inserting after section 24903, as re- of costs pursuant to the cost allocation pol- under section 24905(a) of title 49, United designated, the following: icy developed under section 24905(c); States Code (referred to in this section as ‘‘§ 24904. Northeast Corridor planning ‘‘(C) identify the projects and programs the ‘‘Commission’’), in consultation with ‘‘(a) NORTHEAST CORRIDOR CAPITAL INVEST- that the Commission expects will receive Amtrak and the commuter rail passenger MENT PLAN.— Federal financial assistance; and transportation providers along the Northeast ‘‘(1) REQUIREMENT.—Not later than May 1 ‘‘(D) identify the eligible entity or entities Corridor shall complete a study on the feasi- of each year, the Northeast Corridor Com- that the Commission expects will receive the bility of and options for permitting through- mission established under section 24905 (re- Federal financial assistance described under ticketing between Amtrak service and com- ferred to in this section as the ‘Commission’) subparagraph (C). muter rail services on the Northeast Cor- ‘‘(b) FAILURE TO DEVELOP A CAPITAL IN- shall— ridor. VESTMENT PLAN.—If a capital investment ‘‘(A) develop a capital investment plan for (2) CONTENTS.—In completing the study plan has not been developed by the Commis- the Northeast Corridor main line between under paragraph (1), the Northeast Corridor sion for a given fiscal year, then the funds Boston, Massachusetts, and the Virginia Av- Commission shall— assigned to the account established under (A) examine the current state of intercity enue interlocking in the District of Colum- section 24319(b) for that fiscal year may be bia, and the Northeast Corridor branch lines and commuter rail ticketing technologies, spent only on— policies, and other relevant aspects on the connecting to Harrisburg, Pennsylvania, ‘‘(1) capital projects described in clause (i) Springfield, Massachusetts, and Spuyten Northeast Corridor; or (iii) of subsection (a)(2)(E) of this section; (B) consider and recommend technology, Duyvil, New York, including the facilities or and services used to operate and maintain process, policy, or other options that would ‘‘(2) capital projects described in sub- permit through-ticketing to allow intercity those lines; and section (a)(2)(E)(iv) of this section that are and commuter rail passengers to purchase, ‘‘(B) submit the capital investment plan to for the sole benefit of Amtrak. in a single transaction, travel that utilizes the Secretary of Transportation and the ‘‘(c) NORTHEAST CORRIDOR ASSET MANAGE- Amtrak and connecting commuter rail serv- Committee on Commerce, Science, and MENT.— ices; Transportation of the Senate and the Com- ‘‘(1) CONTENTS.—With regard to its infra- mittee on Transportation and Infrastructure structure, Amtrak and each State and public (C) consider options to expand through- of the House of Representatives. transportation entity that owns infrastruc- ticketing to include local transit services; ‘‘(2) CONTENTS.—The capital investment ture that supports or provides for intercity (D) summarize costs, benefits, opportuni- plan shall— rail passenger transportation on the North- ties, and impediments to developing such ‘‘(A) reflect coordination and network opti- east Corridor shall develop an asset manage- through-ticketing options; and mization across the entire Northeast Cor- ment system and develop and update, as nec- (E) develop a proposed methodology, in- ridor; essary, a Northeast Corridor asset manage- cluding cost and schedule estimates, for car- ‘‘(B) integrate the individual capital and ment plan for each service territory de- rying out a pilot program on through- service plans developed by each operator scribed in subsection (a) that— ticketing on the Northeast Corridor. using the methods described in the cost allo- ‘‘(A) are consistent with the Federal Tran- (3) REPORT.—Not later than 60 days after cation policy developed under section sit Administration process, as authorized the date the study under paragraph (1) is 24905(c); under section 5326, when implemented; and complete, the Commission shall submit to ‘‘(C) cover a period of 5 fiscal years, begin- ‘‘(B) include, at a minimum— the Committee on Commerce, Science, and ning with the first fiscal year after the date ‘‘(i) an inventory of all capital assets Transportation of the Senate and the Com- on which the plan is completed; owned by the developer of the asset manage- mittee on Transportation and Infrastructure ‘‘(D) notwithstanding section 24902(b), ment plan; of the House of Representatives a report that identify, prioritize, and phase the implemen- ‘‘(ii) an assessment of asset condition; includes— tation of projects and programs to achieve ‘‘(iii) a description of the resources and (A) the results of the study; and the service outcomes identified in the North- processes necessary to bring or maintain (B) any recommendations for further ac- east Corridor service development plan and those assets in a state of good repair, includ- tion. the asset condition needs identified in the ing decision-support tools and investment (b) JOINT PROCUREMENT STUDY.— Northeast Corridor asset management plans, prioritization methods; and (1) IN GENERAL.—Not later than 3 years once available, and consider— ‘‘(iv) a description of changes in asset con- after the date of enactment of this Act, the ‘‘(i) the benefits and costs of capital invest- dition since the previous version of the plan. Secretary, in cooperation with the Commis- ments in the plan; ‘‘(2) TRANSMITTAL.—Each entity described sion, Amtrak, and commuter rail transpor- ‘‘(ii) project and program readiness; in paragraph (1) shall transmit to the Com- tation authorities on the Northeast Corridor ‘‘(iii) the operational impacts; and mission— shall complete a study of the potential bene- ‘‘(iv) funding availability; ‘‘(A) not later than 2 years after the date of fits resulting from Amtrak and such authori- ‘‘(E) categorize capital projects and pro- enactment of the Railroad Reform, Enhance- ties undertaking select joint procurements grams as primarily associated with; ment, and Efficiency Act, its Northeast Cor- for common materials, assets, and equip- ‘‘(i) normalized capital replacement and ridor asset management plan developed ment when expending Federal funds for such basic infrastructure renewals; under paragraph (1); and purchases. ‘‘(ii) replacement or rehabilitation of ‘‘(B) at least biennial thereafter, an update (2) CONTENTS.—In completing the study major Northeast Corridor infrastructure as- to its Northeast Corridor asset management under paragraph (1), the Secretary shall con- sets, including tunnels, bridges, stations, and plan. sider— other assets; ‘‘(d) NORTHEAST CORRIDOR SERVICE DEVEL- (A) the types of materials, assets, and ‘‘(iii) statutory, regulatory, or other legal OPMENT PLAN UPDATES.—Not less frequently equipment that are regularly purchased by mandates; than once every 10 years, the Commission Amtrak and such authorities that are simi- ‘‘(iv) improvements to support service en- shall update the Northeast Corridor service lar and could be jointly procured; hancements or growth; or development plan.’’. (B) the potential benefits of such joint pro- ‘‘(v) strategic initiatives that will improve (2) CONFORMING AMENDMENTS.— curements, including lower procurement overall operational performance or lower (A) NOTE AND MORTGAGE.—Section 24907(a) costs, better pricing, greater market rel- costs; is amended by striking ‘‘section 24904 of this evancy, and other efficiencies; ‘‘(F) identify capital projects and programs title’’ and inserting ‘‘section 24903’’. (C) the potential costs of such joint pro- that are associated with more than 1 cat- (B) TABLE OF CONTENTS AMENDMENT.—The curements; egory described in subparagraph (E); table of contents for chapter 249 is amend- (D) any significant impediments to under- ‘‘(G) describe the anticipated outcomes of ed— taking joint procurements, including any each project or program, including an assess- (i) by redesignating the item relating to necessary harmonization and reconciliation ment of— section 24904 as relating to section 24903; and of Federal and State procurement or safety ‘‘(i) the potential effect on passenger ac- (ii) by inserting after the item relating to regulations or standards and other require- cessibility, operations, safety, reliability, section 24903, as redesignated, the following: ments; and and resiliency; ‘‘24904. Northeast Corridor planning.’’. (E) whether to create Federal incentives or ‘‘(ii) the ability of infrastructure owners (3) REPEAL.—Section 211 of the Passenger requirements relating to considering or car- and operators to meet regulatory require- Rail Investment and Improvement Act of rying out joint procurements when expend- ments if the project or program is not fund- 2008 (division B of Public Law 110–432; 49 ing Federal funds. ed; and U.S.C. 24902 note) is repealed. (3) TRANSMISSION.—Not later than 60 days ‘‘(iii) the benefits and costs; and SEC. 35309. NORTHEAST CORRIDOR THROUGH- after completing the study required under ‘‘(H) include a financial plan. TICKETING AND PROCUREMENT EF- this subsection, the Secretary shall submit ‘‘(3) FINANCIAL PLAN.—The financial plan FICIENCIES. to the Committee on Commerce, Science, under paragraph (2)(H) shall— (a) THROUGH-TICKETING STUDY.— and Transportation of the Senate and the

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S6005 Committee on Transportation and Infra- (A) the Northeast Corridor; plan describing how the system will facili- structure of the House of Representatives a (B) the California Corridor; tate convenient travel connections with report that includes— (C) the Empire Corridor; other transportation services; (A) the results of the study; and (D) the Pacific Northwest Corridor; (I) a description of how the project will en- (B) any recommendations for further ac- (E) the South Central Corridor; sure compliance with Federal laws governing tion. (F) the Gulf Coast Corridor; the rights and status of employees associ- (c) NORTHEAST CORRIDOR.—In this section, (G) the Chicago Hub Network; ated with the route and service, including the term ‘‘Northeast Corridor’’ means the (H) the Florida Corridor; those specified in section 24405 of title 49, Northeast Corridor main line between Bos- (I) the Keystone Corridor; United States Code; ton, Massachusetts, and the Virginia Avenue (J) the Northern New England Corridor; (J) a description of how the design, con- interlocking in the District of Columbia, and and struction, implementation, and operation of the Northeast Corridor branch lines con- (K) the Southeast Corridor. the project will accommodate and allow for necting to Harrisburg, Pennsylvania, Spring- (2) SUBMISSION.—Proposals shall be sub- future growth of existing and projected field, Massachusetts, and Spuyten Duyvil, mitted to the Secretary not later than 180 intercity, commuter, and freight rail service; New York, including the facilities and serv- days after the publication of such request for (K) a description of how the project would ices used to operate and maintain those proposals under paragraph (1). comply with Federal and State environ- lines. (3) PERFORMANCE STANDARD.—Proposals mental laws and regulations, of what envi- SEC. 35310. DATA AND ANALYSIS. submitted under paragraph (2) shall meet ronmental impacts would result from the (a) DATA.—Not later than 3 years after the any standards established by the Secretary. project, and of how any adverse impacts date of enactment of this Act, the Secretary, For corridors with existing intercity pas- would be mitigated; and in consultation with the Surface Transpor- senger rail service, proposals shall also be (L) a description of the project’s impacts tation Board, Amtrak, freight railroads, designed to achieve a reduction of existing on highway and aviation congestion, energy State and local governments, and regional minimum intercity rail service trip times consumption, land use, and economic devel- business, tourism and economic development between the main corridor city pairs by a opment in the service area. minimum of 25 percent. In the case of a pro- agencies shall conduct a data needs assess- (b) DETERMINATION AND ESTABLISHMENT OF posal submitted with respect to paragraph ment— COMMISSIONS.—Not later than 90 days after (1)(A), the proposal shall be designed to (1) to support the development of an effi- receipt of the proposals under subsection (a), achieve a 2-hour or less express service be- cient and effective intercity passenger rail the Secretary shall— tween Washington, District of Columbia, and network; (1) make a determination as to whether New York City, New York. (2) to identify the data needed to conduct any such proposals— (4) CONTENTS.—A proposal submitted under cost-effective modeling and analysis for (A) contain the information required under this subsection shall include— intercity passenger rail development pro- paragraphs (3) and (4) of subsection (a); (A) the names and qualifications of the grams; (B) are sufficiently credible to warrant fur- persons submitting the proposal and the en- ther consideration; (3) to determine limitations to the data tities proposed to finance, design, construct, used for inputs; operate, and maintain the railroad, railroad (C) are likely to result in a positive impact (4) to develop a strategy to address such equipment, and related facilities, stations, on the Nation’s transportation system; and limitations; and infrastructure; (D) are cost-effective and in the public in- (5) to identify barriers to accessing exist- (B) a detailed description of the proposed terest; ing data; rail service, including possible routes, re- (2) establish a commission under sub- (6) to develop recommendations regarding quired infrastructure investments and im- section (c) for each corridor with 1 or more whether the authorization of additional data provements, equipment needs and type, train proposals that the Secretary determines sat- collection for intercity passenger rail travel frequencies, peak and average operating isfy the requirements of paragraph (1); and is warranted; and speeds, and trip times; (3) forward to each commission established (7) to determine which entities will be re- (C) a description of how the project would under paragraph (2) the applicable proposals sponsible for generating or collecting needed comply with all applicable Federal rail safe- for review and consideration. data. ty and security laws, orders, and regulations; (c) COMMISSIONS.— (b) BENEFIT-COST ANALYSIS.—Not later (D) the locations of proposed stations, (1) MEMBERS.—Each commission estab- than 180 days after the date of enactment of which maximize the usage of existing infra- lished under subsection (b)(2) shall include— this Act, the Secretary shall enhance the structure to the extent possible, and the pop- (A) the governors of the affected States, or usefulness of assessments of benefits and ulations such stations are intended to serve; their respective designees; costs, for intercity passenger rail and freight (E) the type of equipment to be used, in- (B) mayors of appropriate municipalities rail projects— cluding any technologies, to achieve trip with stops along the proposed corridor, or (1) by providing ongoing guidance and time goals; their respective designees; training on developing benefit and cost in- (F) a description of any proposed legisla- (C) a representative from each freight rail- formation for rail projects; tion needed to facilitate all aspects of the road carrier using the relevant corridor, if (2) by providing more direct and consistent project; applicable; requirements for assessing benefits and costs (G) a financing plan identifying— (D) a representative from each transit au- across transportation funding programs, in- (i) projected revenue, and sources thereof; thority using the relevant corridor, if appli- cluding the appropriate use of discount (ii) the amount of any requested public cable; rates; contribution toward the project, and pro- (E) representatives of nonprofit employee (3) by requiring applicants to clearly com- posed sources; labor organizations representing affected municate the methodology used to calculate (iii) projected annual ridership projections railroad employees; and the project benefits and costs, including non- for the first 10 years of operations; (F) the President of Amtrak or his or her proprietary information on— (iv) annual operations and capital costs; designee. (A) assumptions underlying calculations; (v) the projected levels of capital invest- (2) APPOINTMENT AND SELECTION.—The Sec- (B) strengths and limitations of data used; ments required both initially and in subse- retary shall appoint the members under and quent years to maintain a state-of-good-re- paragraph (1). In selecting each commis- (C) the level of uncertainty in estimates of pair necessary to provide the initially pro- sion’s members to fulfill the requirements project benefits and costs; and posed level of service or higher levels of serv- under subparagraphs (B) and (E) of para- (4) by ensuring that applicants receive ice; graph (1), the Secretary shall consult with clear and consistent guidance on values to (vi) projected levels of private investment the Chairperson and Ranking Member of the apply for key assumptions used to estimate and sources thereof, including the identity of Committee on Commerce, Science, and potential project benefits and costs. any person or entity that has made or is ex- Transportation of the Senate and of the (c) CONFIDENTIAL DATA.—The Secretary pected to make a commitment to provide or Committee on Transportation and Infra- shall protect sensitive or confidential to the secure funding and the amount of such com- structure of the House of Representatives. greatest extent permitted by law. Nothing in mitment; and (3) CHAIRPERSON AND VICE-CHAIRPERSON SE- this section shall require any entity to pro- (vii) projected funding for the full fair mar- LECTION.—The Chairperson and Vice-Chair- vide information to the Secretary in the ab- ket compensation for any asset, property person shall be elected from among members sence of a voluntary agreement. right or interest, or service acquired from, of each commission. SEC. 35311. PERFORMANCE-BASED PROPOSALS. owned, or held by a private person or Federal (4) QUORUM AND VACANCY.— (a) SOLICITATION OF PROPOSALS.— entity that would be acquired, impaired, or (A) QUORUM.—A majority of the members (1) IN GENERAL.—Not later than 30 days diminished in value as a result of a project, of each commission shall constitute a after the date of enactment of this Act, the except as otherwise agreed to by the private quorum. Secretary shall issue a request for proposals person or entity; (B) VACANCY.—Any vacancy in each com- for projects for the financing, design, con- (H) a description of how the project would mission shall not affect its powers and shall struction, operation, and maintenance of an contribute to the development of the inter- be filled in the same manner in which the intercity passenger rail system, including— city passenger rail system and an intermodal original appointment was made.

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(5) APPLICATION OF LAW.—Except where (3) LIMITATION ON REPORT SUBMISSION.—The (6) UPDATE.—Section 24305(f)(3) is amended otherwise provided by this section, the Fed- report required under paragraph (2) shall not by striking ‘‘$1,000,000’’ and inserting eral Advisory Committee Act (5 U.S.C. App.) be submitted by the Secretary until the re- ‘‘$5,000,000’’. shall apply to each commission created port submitted under paragraph (1)(B) has (7) AMTRAK.—Chapter 247 is amended— under this section. been considered through a hearing by the (A) in section 24702(a), by striking ‘‘not in- (d) COMMISSION CONSIDERATION.— Committee on Commerce, Science, and cluded in the national rail passenger trans- (1) IN GENERAL.—Each commission estab- Transportation of the Senate and the Com- portation system’’; lished under subsection (b)(2) shall be re- mittee on Transportation and Infrastructure (B) in section 24706— sponsible for reviewing the proposal or pro- of the House of Representatives on the re- (i) in subsection (a)— posals forwarded to it under that subsection port submitted under paragraph (1)(B). (I) in paragraph (1), by striking ‘‘a dis- and not later than 90 days after the estab- (f) NO ACTIONS WITHOUT ADDITIONAL AU- continuance under section 24704 or or’’; and lishment of the commission, shall transmit THORITY.—No Federal agency may take any (II) in paragraph (2), by striking ‘‘section to the Secretary a report, including— action to implement, establish, facilitate, or 24704 or’’; and (A) a summary of each proposal received; otherwise act upon any proposal submitted (ii) in subsection (b), by striking ‘‘section (B) services to be provided under each pro- under this section, other than those actions 24704 or’’; and posal, including projected ridership, reve- specifically authorized by this section, with- (C) in section 24709, by striking ‘‘The Sec- nues, and costs; out explicit statutory authority enacted retary of the Treasury and the Attorney (C) proposed public and private contribu- after the date of enactment of this Act. General,’’ and inserting ‘‘The Secretary of (g) DEFINITIONS.—In this section: tions for each proposal; Homeland Security,’’. (1) INTERCITY PASSENGER RAIL.—The term (D) the advantages offered by the proposal (b) PASSENGER RAIL INVESTMENT AND IM- ‘‘intercity passenger rail’’ means intercity over existing intercity passenger rail serv- PROVEMENT ACT AMENDMENTS.—Section ices; rail passenger transportation as defined in 305(a) of the Passenger Rail Investment and section 24102 of title 49, United States Code. (E) public operating subsidies or assets Improvement Act of 2008 (49 U.S.C. 24101 (2) STATE.—The term ‘‘State’’ means any of needed for the proposed project; note) is amended by inserting ‘‘nonprofit or- the 50 States or the District of Columbia. (F) possible risks to the public associated ganizations representing employees who per- with the proposal, including risks associated SEC. 35312. AMTRAK INSPECTOR GENERAL. form overhaul and maintenance of passenger with project financing, implementation, (a) AUTHORITY.— railroad equipment,’’ after ‘‘equipment man- (1) IN GENERAL.—The Inspector General of completion, safety, and security; ufacturers,’’. (G) a ranked list of the proposals rec- Amtrak shall have the authority available to ommended for further consideration under other Inspectors General, as necessary in Subtitle D—Rail Safety subsection (e) in accordance with each pro- carrying out the duties specified in the In- PART I—SAFETY IMPROVEMENT posal’s projected positive impact on the Na- spector General Act of 1978 (5 U.S.C. App.), to SEC. 35401. HIGHWAY-RAIL GRADE CROSSING tion’s transportation system; investigate any alleged violation of sections SAFETY. (H) an identification of any proposed Fed- 286, 287, 371, 641, 1001, 1002 and 1516 of title 18, (a) MODEL STATE HIGHWAY-RAIL GRADE eral legislation that would facilitate imple- United States Code. CROSSING ACTION PLAN.— mentation of the projects and Federal legis- (2) AGENCY.—For purposes of sections 286, (1) IN GENERAL.—Not later than 1 year after lation that would be required to implement 287, 371, 641, 1001, 1002, and 1516 of title 18, the date of enactment of this Act, the Sec- the projects; and United States Code, Amtrak and the Amtrak retary shall develop a model of a State-spe- (I) any other recommendations by the com- Office of Inspector General, shall be consid- cific highway-rail grade crossing action plan mission concerning the proposed projects. ered a corporation in which the United and distribute the model plan to each State. (2) VERBAL PRESENTATION.—Proposers shall States has a proprietary interest as set forth (2) CONTENTS.—The plan developed under be given an opportunity to make a verbal in section 6 of that title. paragraph (1) shall include— presentation to the commission to explain (b) ASSESSMENT.—The Inspector General of (A) methodologies, tools, and data sources their proposals. Amtrak shall— for identifying and evaluating highway-rail (3) AUTHORIZATION OF APPROPRIATIONS.— (1) not later than 60 days after the date of grade crossing safety risks, including the There is authorized to be appropriated to the enactment of this Act, initiate an assess- public safety risks posed by blocked high- Secretary for the use of each commission es- ment to determine whether current expendi- way-rail grade crossings due to idling trains; tablished under subsection (b)(2) such sums tures or procurements involving Amtrak’s (B) best practices to reduce the risk of as are necessary to carry out this section. fulfillment of the Americans with Disabil- highway-rail grade crossing accidents or in- (e) SELECTION BY SECRETARY.— ities Act of 1990 (42 U.S.C. 12101 et seq.) uti- cidents and to alleviate the blockage of high- (1) IN GENERAL.—Not later than 60 days lize competitive, market-driven provisions way-rail grade crossings due to idling trains, after receiving the recommended proposals that are applicable throughout the entire including strategies for— of the commissions established under sub- term of such related expenditures or procure- (i) education, including model stakeholder section (b)(2), the Secretary shall— ments; and engagement plans or tools; (A) review such proposals and select any (2) not later than 6 months after the date (ii) engineering, including the benefits and proposal that provides substantial benefits of enactment of this Act, transmit to the costs of different designs and technologies to the public and the national transportation Committee on Commerce, Science, and used to mitigate highway-rail grade crossing system, is cost-effective, offers significant Transportation of the Senate and the Com- safety risks; and advantages over existing services, and meets mittee on Transportation and Infrastructure (iii) enforcement, including the strengths other relevant factors determined appro- of the House of Representatives the assess- and weaknesses associated with different en- priate by the Secretary; and ment under paragraph (1). forcement methods; (B) submit to the Committee on Com- (c) LIMITATION.—The authority provided by (C) for each State, a customized list and merce, Science, and Transportation of the subsections (a) and (b) shall be effective only data set of the highway-rail grade crossing Senate and the Committee on Transpor- with respect to a fiscal year for which Am- accidents or incidents in that State over the tation and Infrastructure of the House of trak receives a Federal subsidy. past 3 years, including the location, number Representatives a report containing any pro- SEC. 35313. MISCELLANEOUS PROVISIONS. of deaths, and number of injuries for each ac- posal with respect to subsection (a)(1)(A) (a) TITLE 49 AMENDMENTS.— cident or incident; and that is selected by the Secretary under sub- (1) CONTINGENT INTEREST RECOVERIES.—Sec- (D) contact information of a Department of paragraph (A) of this paragraph, all the in- tion 22106(b) is amended by striking ‘‘inter- Transportation safety official available to formation regarding the proposal provided to est thereof’’ and inserting ‘‘interest there- assist the State in adapting the model plan the Secretary under subsection (d), and any on’’. to satisfy the requirements under subsection other information the Secretary considers (2) AUTHORITY.—Section 22702(b)(4) is (b). relevant. amended by striking ‘‘5 years for reapproval (b) STATE HIGHWAY-RAIL GRADE CROSSING (2) SUBSEQUENT REPORT.—Following the by the Secretary’’ and inserting ‘‘4 years for ACTION PLANS.— submission of the report under paragraph acceptance by the Secretary’’. (1) REQUIREMENTS.—Not later than 18 (1)(B), the Secretary shall submit to the (3) CONTENTS OF STATE RAIL PLANS.—Sec- months after the Secretary develops and dis- Committee on Commerce, Science, and tion 22705(a) is amended by striking para- tributes the model plan under subsection (a), Transportation of the Senate and the Com- graph (12). the Secretary shall promulgate a rule that mittee on Transportation and Infrastructure (4) MISSION.—Section 24101(b) is amended requires— of the House of Representatives a report con- by striking ‘‘of subsection (d)’’ and inserting (A) each State, except the 10 States identi- taining any proposal with respect to sub- ‘‘set forth in subsection (c)’’. fied under section 202 of the Rail Safety Im- paragraphs (B) through (K) of subsection (5) TABLE OF CONTENTS AMENDMENT.—The provement Act of 2008 (49 U.S.C. 22501 note), (a)(1) that are selected by the Secretary table of contents for chapter 243 is amended to develop and implement a State highway- under paragraph (1) of this subsection, all by striking the item relating to section 24316 rail grade crossing action plan; and the information regarding the proposal pro- and inserting the following: (B) each State that was identified under vided to the Secretary under subsection (d), ‘‘24316. Plans to address the needs of families section 202 of the Rail Safety Improvement and any other information the Secretary of passengers involved in rail Act of 2008 (49 U.S.C. 22501 note), to update considers relevant. passenger accidents.’’. its State action plan under that section and

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SPEED LIMIT ACTION PLANS. transportation or commuter rail passenger action plan and a report describing what the (a) IN GENERAL.—Not later than 90 days transportation, in consultation with any ap- State did to implement its previous State after the date of enactment of this Act, each plicable host railroad carrier, to install signs action plan under that section and how it railroad carrier providing intercity rail pas- to warn train crews before the train ap- will continue to reduce highway-rail grade senger transportation or commuter rail pas- proaches a location that the Secretary iden- crossing safety risks. senger transportation, in consultation with tifies as having high risk of overspeed derail- (2) CONTENTS.—Each State plan required any applicable host railroad carrier, shall ment. under this subsection shall— survey its entire system and identify each (b) ALTERNATIVE SAFETY MEASURES.—The (A) identify highway-rail grade crossings main track location where there is a reduc- Secretary may exempt from the require- that have experienced recent highway-rail tion of more than 20 miles per hour from the ments of this section each segment of track grade crossing accidents or incidents, or are approach speed to a curve or bridge and the for which operations are governed by a posi- at high-risk for accidents or incidents; maximum authorized operating speed for tive train control system certified under sec- (B) identify specific strategies for improv- passenger trains at that curve or bridge. tion 20157 of title 49, United States Code, or ing safety at highway-rail grade crossings, (b) ACTION PLANS.—Not later than 120 days any other safety technology or practice that including highway-rail grade crossing clo- after the date that the survey under sub- would achieve an equivalent or greater level sures or grade separations; and section (a) is complete, a rail passenger car- of safety in reducing derailment risk. (C) designate a State official responsible rier shall submit to the Secretary an action SEC. 35404. ALERTERS. for managing implementation of the State plan that— (a) IN GENERAL.—The Secretary shall pro- plan under subparagraph (A) or (B) of para- (1) identifies each main track location mulgate a rule to require a working alerter graph (1), as applicable. where there is a reduction of more than 20 in the controlling locomotive of each pas- (3) ASSISTANCE.—The Secretary shall pro- miles per hour from the approach speed to a senger train in intercity rail passenger vide assistance to each State in developing curve or bridge and the maximum authorized transportation (as defined in section 24102 of and carrying out, as appropriate, the State operating speed for passenger trains at that title 49, United States Code) or commuter plan under this subsection. curve or bridge; rail passenger transportation (as defined in (4) PUBLIC AVAILABILITY.—Each State shall (2) describes appropriate actions, including section 24102 of title 49, United States Code). submit its final State plan under this sub- modification to automatic train control sys- (b) RULEMAKING.— section to the Secretary for publication. The tems, if applicable, other signal systems, in- (1) IN GENERAL.—The Secretary may pro- Secretary shall make each approved State creased crew size, improved signage, or other mulgate a rule to specify the essential plan publicly available on an official Inter- practices, including increased crew commu- functionalities of a working alerter, includ- net Web site. nication, to enable warning and enforcement ing the manner in which the alerter can be (5) CONDITIONS.—The Secretary may condi- of the maximum authorized speed for pas- reset. tion the awarding of a grant to a State under senger trains at each location identified (2) ALTERNATE PRACTICE OR TECHNOLOGY.— chapter 244 of title 49, United States Code, on under paragraph (1); The Secretary may require or allow a tech- that State submitting an acceptable State (3) contains milestones and target dates for nology or practice in lieu of a working plan under this subsection. implementing each appropriate action de- alerter if the Secretary determines that the (6) REVIEW OF ACTION PLANS.—Not later scribed under paragraph (2); and technology or practice would achieve an than 60 days after the date of receipt of a (4) ensures compliance with the maximum equivalent or greater level of safety in en- State plan under this subsection, the Sec- authorized speed at each location identified hancing or ensuring appropriate locomotive retary shall— under paragraph (1). control. (A) if the State plan is approved, notify the (c) APPROVAL.—Not later than 90 days after State and publish the State plan under para- SEC. 35405. SIGNAL PROTECTION. the date an action plan is submitted under (a) IN GENERAL.—The Secretary shall pro- graph (4); and subsection (a), the Secretary shall approve, (B) if the State plan is incomplete or defi- mulgate regulations to require, not later approve with conditions, or disapprove the than 18 months after the date of the enact- cient, notify the State of the specific areas action plan. in which the plan is deficient and allow the ment of this Act, that on-track safety regu- (d) ALTERNATIVE SAFETY MEASURES.—The State to complete the plan or correct the de- lations, whenever practicable and consistent Secretary may exempt from the require- with other safety requirements and oper- ficiencies and resubmit the plan under para- ments of this section each segment of track graph (1). ational considerations, include requiring im- for which operations are governed by a posi- plementation of redundant signal protection, (7) DEADLINE.—Not later than 60 days after tive train control system certified under sec- the date of a notice under paragraph (6)(B), a such as shunting or other practices and tech- tion 20157 of title 49, United States Code, or nologies that achieve an equivalent or great- State shall complete the plan or correct the any other safety technology or practice that deficiencies and resubmit the plan. er level of safety, for maintenance-of-way would achieve an equivalent or greater level work crews who depend on a train dispatcher (8) FAILURE TO COMPLETE OR CORRECT of safety in reducing derailment risk. to provide signal protection. PLAN.—If a State fails to meet the deadline (e) REPORT.—Not later than 6 months after (b) ALTERNATIVE SAFETY MEASURES.—The under paragraph (7), the Secretary shall post the date of the enactment of this Act, the Secretary may exempt from the require- on the Web site under paragraph (4) a notice Secretary shall submit a report to the Com- ments of this section each segment of track that the State has an incomplete or deficient mittee on Commerce, Science, and Transpor- for which operations are governed by a posi- highway-rail grade crossing action plan. tation of the Senate and the Committee on tive train control system certified under sec- (c) RAILWAY-HIGHWAY CROSSINGS FUNDS.— Transportation and Infrastructure of the The Secretary may use funds made available tion 20157 of title 49, United States Code, or House of Representatives that describes— to carry out section 130 of title 23, United any other safety technology or practice that (1) the actions the railroad carriers have States Code, to provide States with funds to would achieve an equivalent or greater level develop a State highway-rail grade crossing taken in response to Safety Advisory 2013–08, of safety in providing additional signal pro- action plan under subsection (b)(1)(A) of this entitled ‘‘Operational Tests and Inspections tection. section or to update a State action plan for Compliance With Maximum Authorized SEC. 35406. TECHNOLOGY IMPLEMENTATION under subsection (b)(1)(B) of this section. Train Speeds and Other Speed Restrictions’’; PLANS. (d) DEFINITIONS.—In this section: (2) the actions the railroad carriers have Section 20156(e) is amended— (1) HIGHWAY-RAIL GRADE CROSSING.—The taken in response to Safety Advisory 2015–03, (1) in paragraph (4)— term ‘‘highway-rail grade crossing’’ means a entitled ‘‘Operational and Signal Modifica- (A) in subparagraph (A), by striking ‘‘and’’ location within a State, other than a loca- tions for Compliance with Maximum Author- at the end; and tion where 1 or more railroad tracks cross 1 ized Passenger Train Speeds and Other Speed (B) in subparagraph (B), by striking the pe- or more railroad tracks at grade, where— Restrictions’’; and riod at the end and inserting ‘‘; and’’; and (A) a public highway, road, or street, or a (3) the actions the Federal Railroad Ad- (2) by adding at the end the following: private roadway, including associated side- ministration has taken to evaluate or incor- ‘‘(C) each railroad carrier required to sub- walks and pathways, crosses 1 or more rail- porate the information and findings arising mit such a plan, until the implementation of road tracks either at grade or grade-sepa- from the safety advisories referred to in a positive train control system by the rail- rated; or paragraphs (1) and (2) into the development road carrier, shall analyze and, as appro- (B) a pathway explicitly authorized by a of regulatory action and oversight activities. priate, prioritize technologies and practices public authority or a railroad carrier that is (f) SAVINGS CLAUSE.—Nothing in this sec- to mitigate the risk of overspeed dedicated for the use of non-vehicular traf- tion shall prohibit the Secretary from apply- derailments.’’. fic, including pedestrians, bicyclists, and ing the requirements of this section to other SEC. 35407. COMMUTER RAIL TRACK INSPEC- others, that is not associated with a public segments of track at high risk of overspeed TIONS. highway, road, or street, or a private road- derailment. (a) IN GENERAL.—The Secretary shall way, crosses 1 or more railroad tracks either SEC. 35403. SIGNAGE. evaluate track inspection regulations to de- at grade or grade-separated. (a) IN GENERAL.—The Secretary shall pro- termine if a railroad carrier providing com- (2) STATE.—The term ‘‘State’’ means a mulgate such regulations as the Secretary muter rail passenger transportation on high State of the United States or the District of considers necessary to require each railroad density commuter railroad lines should be Columbia. carrier providing intercity rail passenger required to inspect the lines in the same

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Repair and replacement of damaged personnel, passengers, and cargo, to serve in evaluation under subsection (a), the Sec- track inspection equipment the States in which the railroad owns prop- retary determines that it is necessary to pro- ‘‘The Secretary of Transportation may re- erty. mulgate a rule, the Secretary shall specifi- ceive and expend cash, or receive and utilize (c) CONFORMING AMENDMENTS.— cally consider the following regulatory re- spare parts and similar items, from non- (1) AMTRAK RAIL POLICE.—Section 24305(e) quirements for high density commuter rail- United States Government sources to repair is amended— road lines: damages to or replace United States Govern- (A) by striking ‘‘may employ’’ and insert- (1) At least once every 2 weeks— ment owned automated track inspection cars ing ‘‘may directly employ or contract with’’; (A) traverse each main line by vehicle; or and equipment as a result of third-party li- (B) by striking ‘‘employed by’’ and insert- (B) inspect each main line on foot. ability for such damages, and any amounts ing ‘‘directly employed by or contracted by’’; (2) At least once each month, traverse and collected under this section shall be credited and inspect each siding by vehicle or by foot. directly to the Railroad Safety and Oper- (C) by striking ‘‘employed without’’ and in- (c) REPORT.—If, after the evaluation under ations account of the Federal Railroad Ad- serting ‘‘directly employed or contracted subsection (a), the Secretary determines it is ministration, and shall remain available without’’. not necessary to revise the regulations under until expended for the repair, operation, and (2) SECURE GUN STORAGE OR SAFETY DEVICE; this section, the Secretary, not later than 18 maintenance of automated track inspection EXCEPTIONS.—Section 922(z)(2)(B) of title 18 is months after the date of enactment of this cars and equipment in connection with the amended by striking ‘‘employed by’’ and in- Act, shall transmit a report to the Com- automated track inspection program.’’. serting ‘‘directly employed by or contracted mittee on Commerce, Science, and Transpor- (b) CONFORMING AMENDMENT.—The table of by’’. tation of the Senate and the Committee on contents for subchapter I of chapter 201 is SEC. 35412. OPERATION DEEP DIVE; REPORT. Transportation and Infrastructure of the amended by adding after section 21020 the (a) PROGRESS REPORTS.—Not later than 60 House of Representatives explaining the rea- following: days after the date of the enactment of this sons for not revising the regulations. ‘‘20121. Repair and replacement of damaged Act, and quarterly thereafter until the com- (d) CONSTRUCTION.—Nothing in this section track inspection equipment.’’. pletion date, the Administrator of the Fed- may be construed to limit the authority of SEC. 35411. RAIL POLICE OFFICERS. eral Railroad Administration shall submit a the Secretary to promulgate regulations or (a) IN GENERAL.—Section 28101 is amend- report to the Committee on Commerce, issue orders under any other law. ed— Science, and Transportation of the Senate SEC. 35408. EMERGENCY RESPONSE. (1) by striking ‘‘employed by’’ each place it and the Committee on Transportation and (a) IN GENERAL.—The Secretary, in con- appears and inserting ‘‘directly employed by Infrastructure of the House of Representa- sultation with railroad carriers, shall con- or contracted by’’; tives that describes the progress of Metro- duct a study to determine whether limita- (2) in subsection (b), by inserting ‘‘or North Commuter Railroad in implementing tions or weaknesses exist in the emergency agent, as applicable,’’ after ‘‘an employee’’; the directives and recommendations issued response information carried by train crews and by the Federal Railroad Administration in transporting hazardous materials. (3) by adding at the end the following: its March 2014 report to Congress titled ‘‘Op- (b) CONTENTS.—In conducting the study ‘‘(c) TRANSFERS.— eration Deep Dive Metro-North Commuter under subsection (a), the Secretary shall ‘‘(1) IN GENERAL.—If a railroad police offi- Railroad Safety Assessment’’. evaluate the differences between the emer- cer directly employed by or contracted by a (b) FINAL REPORT.—Not later than 30 days gency response information carried by train rail carrier and certified or commissioned as after the completion date, the Administrator crews transporting hazardous materials and a police officer under the laws of a State of the Federal Railroad Administration shall the emergency response guidance provided in transfers primary employment or residence submit a final report on the directives and the Emergency Response Guidebook issued from the certifying or commissioning State recommendations to Congress. by the Department of Transportation. to another State or jurisdiction, the railroad (c) DEFINED TERM.—In this section, the (c) REPORT.—Not later than 1 year after police officer, not later than 1 year after the term ‘‘completion date’’ means the date on the date of enactment of this Act, the Sec- date of transfer, shall apply to be certified or which Metro-North Commuter Railroad has retary shall transmit to the Committee on commissioned as a police office under the completed all of the directives and rec- Commerce, Science, and Transportation of laws of the State of new primary employ- ommendations referred to in subsection (a). the Senate and the Committee on Transpor- ment or residence. SEC. 35413. POST-ACCIDENT ASSESSMENT. tation and Infrastructure of the House of ‘‘(2) INTERIM PERIOD.—During the period be- (a) IN GENERAL.—The Secretary of Trans- Representatives a report of the findings of ginning on the date of transfer and ending 1 portation, in cooperation with the National the study under subsection (a) and any rec- year after the date of transfer, a railroad po- Transportation Safety Board and the Na- ommendations for legislative action. lice officer directly employed by or con- tional Railroad Passenger Corporation (re- SEC. 35409. PRIVATE HIGHWAY-RAIL GRADE tracted by a rail carrier and certified or com- ferred to in this section as ‘‘Amtrak’’), shall CROSSINGS. missioned as a police officer under the laws conduct a post-accident assessment of the (a) IN GENERAL.—The Secretary, in con- of a State may enforce the laws of the new Amtrak Northeast Regional Train #188 crash sultation with railroad carriers, shall con- jurisdiction in which the railroad police offi- on May 12, 2015. duct a study— cer resides, to the same extent as provided in (b) ELEMENTS.—The assessment conducted (1) to determine whether limitations or subsection (a). pursuant to subsection (a) shall include— weaknesses exist regarding the availability ‘‘(d) TRAINING.— (1) a review of Amtrak’s compliance with and usefulness for safety purposes of data on ‘‘(1) IN GENERAL.—A State shall recognize the plan for addressing the needs of the fami- private highway-rail grade crossings; and as meeting that State’s basic police officer lies of passengers involved in any rail pas- (2) to evaluate existing engineering prac- certification or commissioning requirements senger accident, which was submitted pursu- tices on private highway-rail grade cross- for qualification as a rail police officer under ant to section 24316 of title 49, United States ings. this section any individual who successfully Code; (b) CONTENTS.—In conducting the study completes a program at a State-recognized (2) a review of Amtrak’s compliance with under subsection (a), the Secretary shall police training academy in another State or the emergency preparedness plan required make recommendations as necessary to im- at a Federal law enforcement training center under section 239.101(a) of title 49, Code of prove— and who is certified or commissioned as a po- Federal Regulations; (1) the utility of the data on private high- lice officer by that other State. (3) a determination of any additional ac- way-rail grade crossings; and ‘‘(2) RULE OF CONSTRUCTION.—Nothing in tion items that should be included in the (2) the implementation of private highway- this subsection shall be construed as super- plans referred to in paragraphs (1) and (2) to rail crossing safety measures, including sign- seding or affecting any unique State training meet the needs of the passengers involved in age and warning systems. requirements related to criminal law, crimi- the crash and their families, including— (c) REPORT.—Not later than 1 year after nal procedure, motor vehicle code, or State- (A) notification of emergency contacts; the date of enactment of this Act, the Sec- mandated comparative or annual in-service (B) dedicated and trained staff to manage retary shall transmit to the Committee on training academy or Federal law enforce- family assistance; Commerce, Science, and Transportation of ment training center.’’. (C) the establishment of a family assist- the Senate and the Committee on Transpor- (b) REGULATIONS.—Not later than 1 year ance center at the accident locale or other tation and Infrastructure of the House of after the date of enactment of this Act, the appropriate location; Representatives a report of the findings of Secretary shall revise the regulations in part (D) a system for identifying and recovering the study and any recommendations for fur- 207 of title 49, Code of Federal Regulations items belonging to passengers that were lost ther action. (relating to railroad police officers), to per- in the crash; and

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(E) the establishment of a single customer (f) ROADWAY USER SIGHT DISTANCE AT HIGH- U.S.C. 20140 note) is amended by striking service entity within Amtrak to coordinate WAY-RAIL GRADE CROSSINGS.—Section 20159 is ‘‘Secretary of Transportation’’ and inserting the response to the needs of the passengers amended by striking ‘‘the Secretary’’ and in- ‘‘Secretary’’. involved in the crash and their families; serting ‘‘the Secretary of Transportation’’. (7) TUNNEL INFORMATION.—Section 414 of (4) recommendations for any additional (g) NATIONAL CROSSING INVENTORY.—Sec- title IV of division A of the Rail Safety Im- training needed by Amtrak staff to better tion 20160 is amended— provement Act of 2008 (49 U.S.C. 20103 note) is implement the plans referred to in para- (1) in subsection (a)(1), by striking ‘‘con- amended— graphs (1) and (2), including the establish- cerning each previously unreported crossing (A) by striking ‘‘parts 171.8, 173.115’’ and in- ment of a regular schedule for training drills through which it operates or with respect to serting ‘‘sections 171.8, 173.115’’; and and exercises. the trackage over which it operates’’ and in- (B) by striking ‘‘part 1520.5’’ and inserting (c) REPORT TO CONGRESS.—Not later than 1 serting ‘‘concerning each previously unre- ‘‘section 1520.5’’. year after the date of the enactment of this ported crossing through which it operates (8) SAFETY INSPECTIONS IN MEXICO.—Section Act, Amtrak shall submit a report to the with respect to the trackage over which it 416 of title IV of division A of the Rail Safety Committee on Commerce, Science, and operates’’; and Improvement Act of 2008 (49 U.S.C. 20107 Transportation of the Senate and the Com- (2) in subsection (b)(1)(A), by striking note) is amended— mittee on Transportation and Infrastructure ‘‘concerning each crossing through which it (A) in the matter preceding paragraph (1), of the House of Representatives that de- operates or with respect to the trackage over by striking ‘‘Secretary of Transportation’’ scribes— which it operates’’ and inserting ‘‘concerning and inserting ‘‘Secretary’’; and (1) its plan to achieve the recommenda- each crossing through which it operates with (B) in paragraph (4), by striking ‘‘sub- tions referred to in subsection (b)(4); and respect to the trackage over which it oper- section’’ and inserting ‘‘section’’. (2) steps that have been taken to address ates’’. (9) HEADING OF TITLE VI.—The heading of any deficiencies identified through the as- (h) MINIMUM TRAINING STANDARDS AND title VI of division A of the Rail Safety Im- sessment. PLANS.—Section 20162(a)(3) is amended by provement Act of 2008 (122 Stat. 4900) is SEC. 35414. TECHNICAL AND CONFORMING striking ‘‘railroad compliance with Federal amended by striking ‘‘SOLID WASTE FA- AMENDMENTS. standards’’ and inserting ‘‘railroad carrier CILITIES’’ and inserting ‘‘SOLID WASTE compliance with Federal standards’’. (a) ASSISTANCE TO FAMILIES OF PASSENGERS RAIL TRANSFER FACILITIES’’. (i) DEVELOPMENT AND USE OF RAIL SAFETY INVOLVED IN RAIL PASSENGER ACCIDENTS.— (10) HEADING OF SECTION 602.—Section 602 of TECHNOLOGY.—Section 20164(a) is amended by Section 1139 is amended— title VI of division A of the Rail Safety Im- striking ‘‘after enactment of the Railroad (1) in subsection (a)(1), by striking ‘‘phone provement Act of 2008 (122 Stat. 4900) is number’’ and inserting ‘‘telephone number’’; Safety Enhancement Act of 2008’’ and insert- ing ‘‘after the date of enactment of the Rail amended by striking ‘‘SOLID WASTE TRANSFER (2) in subsection (a)(2), by striking ‘‘post FACILITIES’’ and inserting ‘‘SOLID WASTE RAIL trauma communication with families’’ and Safety Improvement Act of 2008’’. (j) RAIL SAFETY IMPROVEMENT ACT OF TRANSFER FACILITIES’’. inserting ‘‘post-trauma communication with 2008.— SEC. 35415. GAO STUDY ON USE OF LOCOMOTIVE families’’; and (1) TABLE OF CONTENTS.—Section 1(b) of di- HORNS AT HIGHWAY-RAIL GRADE (3) in subsection (j), by striking ‘‘railroad vision A of the Rail Safety Improvement Act CROSSINGS. passenger accident’’ each place it appears of 2008 (Public Law 110–432; 122 Stat. 4848) is The Comptroller General of the United and inserting ‘‘rail passenger accident’’. amended— States shall submit a report to Congress con- (b) SOLID WASTE RAIL TRANSFER FACILITY taining the results of a study evaluating the LAND-USE EXEMPTION.—Section 10909 is (A) in the item relating to section 307, by striking ‘‘website’’ and inserting ‘‘Web site’’; effectiveness of the Federal Railroad Admin- amended— istration’s final rule on the use of loco- (1) in subsection (b), in the matter pre- (B) in the item relating to title VI, by striking ‘‘solid waste facilities’’ and insert- motive horns at highway-rail grade cross- ceding paragraph (1), by striking ‘‘Clean ings, which was published in the Federal Railroad Act of 2008’’ and inserting ‘‘Clean ing ‘‘solid waste rail transfer facilities’’; and (C) in the item relating to section 602, by Register on August 17, 2006 (71 Fed. Reg. Railroads Act of 2008’’; and 47614). (2) in subsection (e), by striking ‘‘Upon the striking ‘‘solid waste transfer facilities’’ and granting of petition from the State’’ and in- inserting ‘‘solid waste rail transfer facili- SEC. 35416. BRIDGE INSPECTION REPORTS. serting ‘‘Upon the granting of a petition ties’’. Section 417(d) of the Rail Safety Improve- from the State’’. (2) DEFINITIONS.—Section 2(a)(1) of division ment Act of 2008 (49 U.S.C. 20103 note) is (c) RULEMAKING PROCESS.—Section 20116 is A of the Rail Safety Improvement Act of 2008 amended— amended— (Public Law 110–432; 122 Stat. 4849) is amend- (1) by striking ‘‘The Secretary’’ and insert- (1) by inserting ‘‘(2)’’ before ‘‘the code, ed in the matter preceding subparagraph (A), ing the following: rule, standard, requirement, or practice has by inserting a comma after ‘‘at grade’’. ‘‘(1) IN GENERAL.—The Secretary’’; and been subject to notice and comment under a (3) RAILROAD SAFETY STRATEGY.—Section (2) by adding at the end the following: rule or order issued under this part.’’ and in- 102(a)(6) of title I of division A of the Rail ‘‘(2) AVAILABILITY OF BRIDGE INSPECTION RE- denting accordingly; Safety Improvement Act of 2008 (49 U.S.C. PORTS.—The Administrator of the Federal (2) by inserting ‘‘(1)’’ before ‘‘unless’’ and 20101 note) is amended by striking ‘‘Improv- Railroad Administration shall— indenting accordingly; ing the safety of railroad bridges, tunnels, ‘‘(A) maintain a copy of the most recent (3) in paragraph (1), as redesignated, by and related infrastructure to prevent acci- bridge inspection reports prepared in accord- striking ‘‘order, or’’ and inserting ‘‘order; dents, incidents, injuries, and fatalities ance with section (b)(5); and or’’; and caused by catastrophic failures and other ‘‘(B) provide copies of the reports described (4) in the matter preceding paragraph (1), bridge and tunnel failures.’’ and inserting in subparagraph (A) to appropriate State and as redesignated, by striking ‘‘unless’’ and in- ‘‘Improving the safety of railroad bridges, local government transportation officials, serting ‘‘unless—’’. tunnels, and related infrastructure to pre- upon request.’’. (d) ENFORCEMENT REPORT.—Section 20120(a) vent accidents, incidents, injuries, and fa- PART II—CONSOLIDATED RAIL INFRA- is amended— talities caused by catastrophic and other STRUCTURE AND SAFETY IMPROVE- (1) in the matter preceding paragraph (1), failures of such infrastructure.’’. MENTS by striking ‘‘website’’ and inserting ‘‘Web (4) OPERATION LIFESAVER.—Section 206(a) of title II of division A of the Rail Safety Im- SEC. 35421. CONSOLIDATED RAIL INFRASTRUC- site’’; TURE AND SAFETY IMPROVEMENTS. (2) in paragraph (1), by striking ‘‘accident provement Act of 2008 (49 U.S.C. 22501 note) is (a) IN GENERAL.—Chapter 244, as amended amended by striking ‘‘Public Service An- and incidence reporting’’ and inserting ‘‘ac- by section 35302 of this Act, is further nouncements’’ and inserting ‘‘public service cident and incident reporting’’; amended by adding at the end the following: (3) in paragraph (2)(G), by inserting ‘‘and’’ announcements’’. at the end; and (5) UPDATE OF FEDERAL RAILROAD ADMINIS- ‘‘§ 24408. Consolidated rail infrastructure and (4) in paragraph (5)(B), by striking ‘‘Ad- TRATION’S WEB SITE.—Section 307 of title III safety improvements ministrative Hearing Officer or Administra- of division A of the Rail Safety Improvement ‘‘(a) GENERAL AUTHORITY.—The Secretary tive Law Judge’’ and inserting ‘‘administra- Act of 2008 (49 U.S.C. 103 note) is amended— may make grants under this section to an el- tive hearing officer or administrative law (A) in the heading by striking ‘‘FEDERAL igible recipient to assist in financing the judge’’. RAILROAD ADMINISTRATION’S WEBSITE’’ and in- cost of improving passenger and freight rail (e) RAILROAD SAFETY RISK REDUCTION PRO- serting ‘‘Federal Railroad Administration transportation systems in terms of safety, GRAM.—Section 20156 is amended— Web site’’; efficiency, or reliability. (1) in subsection (c), by inserting a comma (B) by striking ‘‘website’’ each place it ap- ‘‘(b) ELIGIBLE RECIPIENTS.—The following after ‘‘In developing its railroad safety risk pears and inserting ‘‘Web site’’; and entities are eligible to receive a grant under reduction program’’; and (C) by striking ‘‘website’s’’ and inserting this section: (2) in subsection (g)(1)— ‘‘Web site’s’’. ‘‘(1) A State. (A) by inserting a comma after ‘‘good (6) ALCOHOL AND CONTROLLED SUBSTANCE ‘‘(2) A group of States. faith’’; and TESTING FOR MAINTENANCE-OF-WAY EMPLOY- ‘‘(3) An Interstate Compact. (B) by striking ‘‘non-profit’’ and inserting EES.—Section 412 of title IV of division A of ‘‘(4) A public agency or publicly chartered ‘‘nonprofit’’. the Rail Safety Improvement Act of 2008 (49 authority established by 1 or more States

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and having responsibility for providing inter- ‘‘(d) APPLICATION PROCESS.—The Secretary ‘‘(2) FEDERAL SHARE.—The Federal share of city rail passenger, commuter rail passenger, shall prescribe the form and manner of filing total project costs under this subsection or freight rail transportation service. an application under this section. shall not exceed 80 percent. ‘‘(5) A political subdivision of a State. ‘‘(e) PROJECT SELECTION CRITERIA.— ‘‘(3) TREATMENT OF PASSENGER RAIL REV- ‘‘(6) Amtrak or another rail passenger car- ‘‘(1) IN GENERAL.—In selecting a recipient ENUE.—If Amtrak or another rail passenger rier that provides intercity rail passenger of a grant for an eligible project, the Sec- carrier is an applicant under this section, transportation (as defined in section 24102) or retary shall— Amtrak or the other rail passenger carrier, commuter rail passenger transportation (as ‘‘(A) give preference to a proposed project as applicable, may use ticket and other reve- defined in section 24102). for which the proposed Federal share of total nues generated from its operations and other ‘‘(7) A Class II railroad or Class III railroad project costs does not exceed 50 percent; and sources to satisfy the non-Federal share re- (as those terms are defined in section 20102). ‘‘(B) after factoring in preference to quirements. ‘‘(8) Any rail carrier or rail equipment projects under subparagraph (A), select ‘‘(i) APPLICABILITY.—Except as specifically manufacturer in partnership with at least 1 projects that will maximize the net benefits provided in this section, the use of any of the entities described in paragraphs (1) of the funds appropriated for use under this amounts appropriated for grants under this through (5). section, considering the cost-benefit analysis section shall be subject to the requirements ‘‘(9) Any entity established to procure, of the proposed project, including antici- of this chapter. manage, or maintain passenger rail equip- ‘‘(j) AVAILABILITY.—Amounts appropriated pated private and public benefits relative to ment under section 305 of the Passenger Rail for carrying out this section shall remain the costs of the proposed project and fac- Investment and Improvement Act of 2008 (49 available until expended.’’. toring in the other considerations described U.S.C. 24101 note). (b) CONFORMING AMENDMENT.—The table of in paragraph (2). ‘‘(10) An organization that is actively in- contents of chapter 244, as amended by sec- ‘‘(2) OTHER CONSIDERATIONS.—The Sec- volved in the development of operational and tion 35302 of this Act, is amended by adding retary shall also consider the following: safety-related standards for rail equipment after the item relating to section 24407 the ‘‘(A) The degree to which the proposed and operations or the implementation of following: safety-related programs. project’s business plan considers potential private sector participation in the financing, ‘‘24408. Consolidated rail infrastructure and ‘‘(11) The Transportation Research Board safety improvements.’’. and any entity with which it contracts in the construction, or operation of the project; PART III—HAZARDOUS MATERIALS BY development of rail-related research, includ- ‘‘(B) The recipient’s past performance in RAIL SAFETY AND OTHER SAFETY EN- ing cooperative research programs. developing and delivering similar projects, HANCEMENTS ‘‘(12) A University transportation center and previous financial contributions; actively engaged in rail-related research. ‘‘(C) Whether the recipient has or will have SEC. 35431. REAL-TIME EMERGENCY RESPONSE ‘‘(13) A non-profit labor organization rep- the legal, financial, and technical capacity INFORMATION. resenting a class or craft of employees of to carry out the proposed project, satisfac- (a) IN GENERAL.—Not later than 1 year railroad carriers or railroad carrier contrac- tory continuing control over the use of the after the date of enactment of this Act, the tors. equipment or facilities, and the capability Secretary, in consultation with the Sec- ‘‘(c) ELIGIBLE PROJECTS.—The following and willingness to maintain the equipment retary of Homeland Security, shall promul- projects are eligible to receive grants under or facilities; gate regulations— this section: ‘‘(D) If applicable, the consistency of the (1) to require a Class I railroad trans- ‘‘(1) Deployment of railroad safety tech- proposed project with planning guidance and porting hazardous materials— nology, including positive train control and documents set forth by the Secretary or re- (A) to generate accurate, real-time, and rail integrity inspection systems. quired by law or State rail plans developed electronic train consist information, includ- ‘‘(2) A capital project as defined in section under chapter 227; ing— 24401, except that a project shall not be re- ‘‘(E) If applicable, any technical evaluation (i) the identity, quantity, and location of quired to be in a State rail plan developed ratings that proposed project received under hazardous materials on a train; under chapter 227. previous competitive grant programs admin- (ii) the point of origin and destination of ‘‘(3) A capital project identified by the Sec- istered by the Secretary; and the train; retary as being necessary to address conges- ‘‘(F) Such other factors as the Secretary (iii) any emergency response information tion challenges affecting rail service. considers relevant to the successful delivery or resources required by the Secretary; and ‘‘(4) A highway-rail grade crossing im- of the project. (iv) an emergency response point of con- provement, including grade separations, pri- ‘‘(3) BENEFITS.—The benefits described in tact designated by the Class I railroad; and vate highway-rail grade crossing improve- paragraph (1)(B) may include the effects on (B) to enter into a memorandum of under- ments, and safety engineering improvements system and service performance, including standing with each applicable fusion center to reduce risk in quiet zones or potential measures such as improved safety, competi- to provide that fusion center with secure and quiet zones. tiveness, reliability, trip or transit time, re- confidential access to the electronic train ‘‘(5) A rail line relocation project. silience, efficiencies from improved integra- consist information described in subpara- ‘‘(6) A capital project to improve short-line tion with other modes, and ability to meet graph (A) for each train transporting haz- or regional railroad infrastructure. existing or anticipated demand. ardous materials in that fusion center’s ju- ‘‘(7) Development of public education, risdiction; ‘‘(f) PERFORMANCE MEASURES.—The Sec- awareness, and targeted law enforcement ac- retary shall establish performance measures (2) to require each applicable fusion center tivities to reduce violations of traffic laws at for each grant recipient to assess progress in to provide the electronic train consist infor- highway-rail grade crossings and to help pre- achieving strategic goals and objectives. The mation described in paragraph (1)(A) to first vent and reduce injuries and fatalities along Secretary may require a grant recipient to responders, emergency response officials, railroad rights-of-way. periodically report information related to and law enforcement personnel that are in- ‘‘(8) The preparation of regional rail and such performance measures. volved in the response to or investigation of corridor service development plans and cor- an incident, accident, or public health or responding environmental analyses. ‘‘(g) RURAL AREAS.— safety emergency involving the rail trans- ‘‘(9) Any project that the Secretary con- ‘‘(1) IN GENERAL.—Of the amounts appro- portation of hazardous materials and that siders necessary to enhance multimodal con- priated under this section, at least 25 percent request such electronic train consist infor- nections or facilitate service integration be- shall be available for projects in rural areas. mation; tween rail service and other modes, includ- The Secretary shall consider a project to be (3) upon the request of each State, political ing between intercity rail passenger trans- in a rural area if all or the majority of the subdivision of a State, or public agency re- portation and intercity bus service. project (determined by the geographic loca- sponsible for emergency response or law en- ‘‘(10) The development of rail-related cap- tion or locations where the majority of the forcement, to require each applicable fusion ital, operations, and safety standards. project funds will be spent) is located in a center to provide advance notice for each ‘‘(11) The implementation and operation of rural area. high-hazard flammable train traveling a safety program or institute designed to im- ‘‘(2) DEFINITION OF RURAL AREA.—In this through the jurisdiction of each State, polit- prove rail safety culture and rail safety per- subsection, the term ‘rural area’ means any ical subdivision of a State, or public agency, formance. area not in an urbanized area, as defined by which notice shall include the electronic ‘‘(12) Any research that the Secretary con- the Census Bureau. train consist information described in para- siders necessary to advance any particular ‘‘(h) FEDERAL SHARE OF TOTAL PROJECT graph (1)(A) for the high-hazard flammable aspect of rail-related capital, operations, or COSTS.— train, and to the extent practicable, for re- safety improvements. ‘‘(1) TOTAL PROJECT COSTS.—The Secretary questing States, political subdivisions, or ‘‘(13) Workforce development activities, co- shall estimate the total costs of a project public agencies, to ensure that the fusion ordinated to the extent practicable with the under this subsection based on the best center shall provide at least 12 hours of ad- existing local training programs supported available information, including engineering vance notice for a high-hazard flammable by the Department of Transportation, De- studies, studies of economic feasibility, envi- train that will be traveling through the ju- partment of Labor, and Department of Edu- ronmental analyses, and information on the risdiction of the State, political subdivision cation. expected use of equipment or facilities. of a State, or public agency, and include

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S6011 within the notice its best estimate of the between the outer surface of a tank car tank Secretary shall initiate a study on the levels time the train will enter the jurisdiction; and the inner surface of a tank car jacket and structure of insurance for a railroad car- (4) to prohibit any railroad, employee, or and that has thermal conductivity no great- rier transporting hazardous materials. agent from withholding, or causing to be er than 2.65 Btu per inch, per hour, per (b) CONTENTS.—In conducting the study withheld the train consist information from square foot, and per degree Fahrenheit at a under subsection (a), the Secretary shall first responders, emergency response offi- temperature of 2000 degrees Fahrenheit, plus evaluate— cials, and law enforcement personnel de- or minus 100 degrees Fahrenheit. (1) the level and structure of insurance, in- scribed in paragraph (2) in the event of an in- (c) SAVINGS CLAUSE.— cluding self-insurance, available in the pri- cident, accident, or public health or safety (1) PRESSURE RELIEF DEVICES.—Nothing in vate market against the full liability poten- emergency involving the rail transportation this section may be construed to affect or tial for damages arising from an accident or of hazardous materials; prohibit any requirement to equip with ap- incident involving a train transporting haz- (5) to establish security and confidentiality propriately sized pressure relief devices a ardous materials; protections to prevent the release of the tank car built to meet the DOT-117 specifica- (2) the level and structure of insurance electronic train consist information to unau- tion or a non-jacketed tank car modified to that would be necessary and appropriate— thorized persons; and meet the DOT-117R specification. (A) to efficiently allocate risk and finan- (6) to allow each Class I railroad to enter (2) HARMONIZATION.—Nothing in this sec- cial responsibility for claims; and into a memorandum of understanding with tion may be construed to require or allow (B) to ensure that a railroad carrier trans- any Class II or Class III railroad that oper- the Secretary to prescribe an implementa- porting hazardous materials can continue to ates trains over the Class I railroad’s line to tion deadline or authorization end date for operate despite the risk of an accident or in- incorporate the Class II or Class III rail- the requirement under subsection (a) that is cident; road’s train consist information within the earlier than the applicable implementation (3) the potential applicability to trains existing framework described in paragraph deadline or authorization end date for other transporting hazardous materials of— tank car modifications necessary to meet (1). (A) a liability regime modeled after section the DOT-117R specification. (b) DEFINITIONS.—In this section: 170 of the Atomic Energy Act of 1954, as SEC. 35433. COMPREHENSIVE OIL SPILL RE- (1) APPLICABLE FUSION CENTER.—The term amended (42 U.S.C. 2210); and SPONSE PLANS. ‘‘applicable fusion center’’ means a fusion (B) a liability regime modeled after sub- (a) REQUIREMENTS.—Not later than 120 days center with responsibility for a geographic title 2 of title XXI of the Public Health Serv- after the date of enactment of this Act, the ice Act (42 U.S.C. 300aa–10 et seq.). area in which a Class I railroad operates. Secretary shall issue a notice of proposed (2) CLASS I RAILROAD.—The term ‘‘Class I (c) REPORT.—Not later than 1 year after rulemaking to require each railroad carrier the date the study under subsection (a) is railroad’’ has the meaning given the term in transporting a Class 3 flammable liquid to section 20102 of title 49, United States Code. initiated, the Secretary shall submit a re- maintain a comprehensive oil spill response port containing the results of the study and (3) FUSION CENTER.—The term ‘‘fusion cen- plan. recommendations for addressing liability ter’’ has the meaning given the term in sec- (b) CONTENTS.—The regulations under sub- tion 124h(j) of title 6, United States Code. issues with rail transportation of hazardous section (a) shall require each rail carrier de- materials to— (4) HAZARDOUS MATERIALS.—The term ‘‘haz- scribed in that subsection— (1) the Committee on Commerce, Science, ardous materials’’ means material des- (1) to include in the comprehensive oil spill ignated as hazardous by the Secretary of and Transportation of the Senate; and response plan procedures and resources for (2) the Committee on Transportation and Transportation under chapter 51 of the responding, to the maximum extent prac- Infrastructure of the House of Representa- United States Code. ticable, to a worst-case discharge; tives. (5) HIGH-HAZARD FLAMMABLE TRAIN.—The (2) to ensure the comprehensive oil spill re- (d) DEFINITIONS.—In this section: term ‘‘high-hazard flammable train’’ means sponse plan is consistent with the National (1) HAZARDOUS MATERIAL.—The term ‘‘haz- a single train transporting 20 or more tank Contingency Plan and each applicable Area ardous material’’ means a substance or ma- cars loaded with a Class 3 flammable liquid Contingency Plan; terial the Secretary designates under section in a continuous block or a single train trans- (3) to include in the comprehensive oil spill 5103(a) of title 49, United States Code. porting 35 or more tank cars loaded with a response plan appropriate notification and (2) RAILROAD CARRIER.—The term ‘‘railroad Class 3 flammable liquid throughout the training procedures; carrier’’ has the meaning given the term in train consist. (4) to review and update its comprehensive section 20102 of title 49, United States Code. (6) TRAIN CONSIST.—The term ‘‘train con- oil spill response plan as appropriate; and sist’’ includes, with regard to a specific (5) to provide the comprehensive oil spill SEC. 35435. STUDY AND TESTING OF ELECTRONI- CALLY-CONTROLLED PNEUMATIC train, the number of rail cars and the com- response plan for acceptance by the Sec- BRAKES. modity transported by each rail car. retary. (a) GOVERNMENT ACCOUNTABILITY OFFICE (c) SAVINGS CLAUSE.—Nothing in the sec- (c) SAVINGS CLAUSE.— STUDY.— tion may be construed as prohibiting the (1) Nothing in this section may be con- (1) IN GENERAL.—The Government Account- strued to prohibit a Class I railroad from vol- Secretary from promulgating different com- ability Office shall complete an independent prehensive oil response plan standards for untarily entering into a memorandum of un- evaluation of ECP brake systems pilot pro- Class I, Class II, and Class III railroads. derstanding, as described in subsection gram data and the Department of Transpor- (d) DEFINITIONS.—In this section: (a)(1)(B), with a State emergency response tation’s research and analysis on the effects commission or an entity representing or in- (1) AREA CONTINGENCY PLAN.—The term ‘‘Area Contingency Plan’’ has the meaning of ECP brake systems. cluding first responders, emergency response (2) STUDY ELEMENTS.—In completing the officials, and law enforcement personnel. given the term in section 311(a) of the Fed- eral Water Pollution Control Act (33 U.S.C. independent evaluation under paragraph (1), (2) Nothing in this section may be con- the Government Accountability Office shall strued to amend any requirement for a rail- 1321(a)). (2) CLASS 3 FLAMMABLE LIQUID.—The term examine the following issues related to ECP road to provide a State Emergency Response brake systems: Commission, for each State in which it oper- ‘‘Class 3 flammable liquid’’ has the meaning given the term in section 173.120(a) of title (A) Data and modeling results on safety ates trains transporting 1,000,000 gallons or 49, Code of Federal Regulations. benefits relative to conventional brakes and more of Bakken crude oil, notification re- (3) CLASS I RAILROAD, CLASS II RAILROAD, to other braking technologies or systems, garding the expected movement of such AND CLASS III RAILROAD.—The terms ‘‘Class I such as distributed power and 2-way end-of- trains through the counties in the State. railroad’’, ‘‘Class II railroad’’ and ‘‘Class III train devices. SEC. 35432. THERMAL BLANKETS. railroad’’ have the meanings given the terms (B) Data and modeling results on business (a) REQUIREMENTS.—Not later than 180 days in section 20102 of title 49, United States benefits, including the effects of dynamic after the date of enactment of this Act, the Code. braking. Secretary shall promulgate such regulations (4) NATIONAL CONTINGENCY PLAN.—The term (C) Data on costs, including up-front cap- as are necessary to require each tank car ‘‘National Contingency Plan’’ has the mean- ital costs and on-going maintenance costs. built to meet the DOT-117 specification and ing given the term in section 1001 of the Oil (D) Analysis of potential operational chal- each non-jacketed tank car modified to meet Pollution Act of 1990 (33 U.S.C. 2701). lenges, including the effects of potential lo- the DOT-117R specification— (5) RAILROAD CARRIER.—The term ‘‘railroad comotive and car segregation, technical reli- (1) to be equipped with a thermal blanket; carrier’’ has the meaning given the term in ability issues, and network disruptions. or section 20102 of title 49, United States Code. (E) Analysis of potential implementation (2) to have sufficient thermal resistance so (6) WORST-CASE DISCHARGE.—The term challenges, including installation time, posi- that there will be no release of any lading ‘‘worst-case discharge’’ means a railroad car- tive train control integration complexities, within the tank car, except release through rier’s calculation of its largest foreseeable component availability issues, and tank car the pressure relief device, when subjected to discharge in the event of an accident or inci- shop capabilities. a pool fire for 200 minutes and a torch fire dent. (F) Analysis of international experiences for 30 minutes. SEC. 35434. HAZARDOUS MATERIALS BY RAIL LI- with the use of advanced braking tech- (b) DEFINITION OF THERMAL BLANKET.—In ABILITY STUDY. nologies. this section, the term ‘‘thermal blanket’’ (a) IN GENERAL.—Not later than 30 days (3) DEADLINE.—Not later than 18 months means an insulating blanket that is applied after the date of enactment of this Act, the after the date of enactment of this Act, the

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S6012 CONGRESSIONAL RECORD — SENATE July 27, 2015 Government Accountability Office shall their costs, whether the applicable ECP within a controlling locomotive cab or cab transmit to the Committee on Commerce, brake system requirements are justified; and car operating compartment; and Science, and Transportation of the Senate (B)(i) if the applicable ECP brake system ‘‘(3) have recordings accessible for review and the Committee on Transportation and requirements are justified, publish in the during an accident investigation. Infrastructure of the House of Representa- Federal Register the determination with the ‘‘(c) REVIEW.—The Secretary shall estab- tives a report on the results of the inde- reasons for it; or lish a process to review and approve or dis- pendent evaluation under paragraph (1). (ii) if the Secretary does not publish the approve an inward- or outward-facing record- (b) EMERGENCY BRAKING APPLICATION TEST- determination under clause (i), repeal the ing device for compliance with the standards ING.— applicable ECP brake system requirements. described in subsection (b). (1) IN GENERAL.—The Secretary of Trans- (d) DEFINITIONS.—In this section: ‘‘(d) USES.—A rail carrier that has in- portation shall enter into an agreement with (1) APPLICABLE ECP BRAKE SYSTEM REQUIRE- stalled an inward- or outward-facing image the NCRRP Board— MENTS.—The term ‘‘applicable brake system recording device approved under subsection (A) to complete testing of ECP brake sys- requirements’’ means sections (c) may use recordings from that inward- or tems during emergency braking application, 174.310(a)(3)(ii), 174.310(a)(3)(iii), outward-facing image recording device for including more than 1 scenario involving the 174.310(a)(5)(v), 179.102-10, 179.202-12(g), and the following purposes: uncoupling of a train with 70 or more DOT 179.202-13(i) of title 49, Code of Federal Regu- ‘‘(1) Verifying that train crew actions are 117-specification or DOT 117R-specification lations, and any other regulation in effect on in accordance with applicable safety laws tank cars; and the date of enactment of this Act requiring and the rail carrier’s operating rules and (B) to transmit, not later than 18 months the installation of ECP brakes or operation procedures. after the date of enactment of this Act, to in ECP brake mode. ‘‘(2) Assisting in an investigation into the the Committee on Commerce, Science, and (2) CLASS 3 FLAMMABLE LIQUID.—The term causation of a reportable accident or inci- Transportation of the Senate and the Com- ‘‘Class 3 flammable liquid’’ has the meaning dent. mittee on Transportation and Infrastructure given the term in section 173.120(a) of title ‘‘(3) Carrying out efficiency testing and of the House of Representatives a report on 49, Code of Federal Regulations. system-wide performance monitoring pro- the results of the testing. (3) ECP.—The term ‘‘ECP’’ means elec- grams. (2) INDEPENDENT EXPERTS.—In completing tronically-controlled pneumatic when ap- ‘‘(4) Documenting a criminal act or moni- the testing under paragraph (1), the NCRRP plied to a brake or brakes. toring unauthorized occupancy of the con- Board may contract with 1 or more engineer- (4) ECP BRAKE MODE.—The term ‘‘ECP trolling locomotive cab or car operating ing or rail experts, as appropriate, with rel- brake mode’’ includes any operation of a rail compartment. evant experience in conducting railroad safe- car or an entire train using an ECP brake ‘‘(5) Other purposes that the Secretary con- ty technology tests or similar crash tests. system. siders appropriate. (3) TESTING FRAMEWORK.—In completing (5) ECP BRAKE SYSTEM.— ‘‘(e) VOLUNTARY IMPLEMENTATION.— the testing under paragraph (1), the NCRRP (A) IN GENERAL.—The term ‘‘ECP brake ‘‘(1) IN GENERAL.—Each rail carrier oper- Board and each contractor described in para- system’’ means a train power braking sys- ating freight rail service may implement any graph (2) shall ensure that the testing objec- tem actuated by compressed air and con- inward- or outward-facing image recording tively, accurately, and reliably measures the trolled by electronic signals from the loco- devices approved under subsection (c). performance of ECP brake systems relative motive or an ECP-EOT to the cars in the ‘‘(2) AUTHORIZED USES.—Notwithstanding to other braking technologies or systems, consist for service and emergency applica- any other provision of law, each rail carrier such as distributed power and 2-way end-of- tions in which the brake pipe is used to pro- may use recordings from an inward- or out- train devices, including differences in— vide a constant supply of compressed air to ward-facing image recording device approved (A) the number of cars derailed; the reservoirs on each car but does not con- under subsection (c) for any of the purposes (B) the number of cars punctured; vey braking signals to the car. described in subsection (d). (C) the measures of in-train forces; and (B) INCLUSIONS.—The term ‘‘ECP brake sys- ‘‘(f) DISCRETION.— (D) the stopping distance. tem’’ includes dual mode and stand-alone ‘‘(1) IN GENERAL.—The Secretary may— (4) FUNDING.—The Secretary shall require, ‘‘(A) require in-cab audio recording devices as part of the agreement under paragraph (1), ECP brake systems. IGH-HAZARD FLAMMABLE UNIT TRAIN.— for the purposes described in subsection (d); that the NCRRP Board fund the testing re- (6) H The term ‘‘high-hazard flammable unit and quired under this section— train’’ means a single train transporting 70 ‘‘(B) define in appropriate technical detail (A) using such sums made available under or more loaded tank cars containing Class 3 the essential features of the devices required section 24910 of title 49, United States Code; flammable liquid. under subparagraph (A). and (7) NCRRP BOARD.—The term ‘‘NCRRP ‘‘(2) EXEMPTIONS.—The Secretary may ex- (B) to the extent funding under subpara- Board’’ means the independent governing empt any rail passenger carrier or any part graph (A) is insufficient or unavailable to board of the National Cooperative Rail Re- of a rail passenger carrier’s operations from fund the testing required under this section, search Program. the requirements under subsection (a) if the using such sums as are necessary from the (8) RAILROAD CARRIER.—The term ‘‘railroad Secretary determines that the rail passenger amounts appropriated to the Office of the carrier’’ has the meaning given the term in carrier has implemented an alternative tech- Secretary. section 20102 of title 49, United States Code. nology or practice that provides an equiva- (5) EQUIPMENT.—The NCRRP Board and EPORT DATE.—The term ‘‘report date’’ lent or greater safety benefit or is better each contractor described in paragraph (2) (9) R means the date that both the report under suited to the risks of the operation. may receive or use rolling stock, track, and subsection (a)(3) and the report under sub- ‘‘(g) TAMPERING.—A rail carrier may take other equipment or infrastructure from a section (b)(1)(B) have been transmitted under appropriate enforcement or administrative private entity for the purposes of conducting those subsections. action against any employee that tampers the testing required under this section. with or disables an audio or inward- or out- SEC. 35436. RECORDING DEVICES. (c) EVIDENCE-BASED APPROACH.— ward-facing image recording device installed (a) IN GENERAL.—Subchapter II of chapter (1) ANALYSIS.—The Secretary shall— by the rail carrier. 201 is amended by adding after section 20167 (A) not later than 90 days after the report ‘‘(h) PRESERVATION OF DATA.—Each rail date, fully incorporate and reflect the find- the following: passenger carrier subject to the require- ings from both reports into a draft updated ‘‘§ 20168. Installation of audio and image re- ments of subsection (a) shall preserve record- regulatory impact analysis of the effects of cording devices ing device data for 1 year after the date of a the applicable ECP brake system require- ‘‘(a) IN GENERAL.—Not later than 2 years reportable accident or incident. ments; after the date of enactment of the Railroad ‘‘(i) INFORMATION PROTECTIONS.—The Sec- (B) as soon as practicable after completion Reform, Enhancement, and Efficiency Act, retary may not disclose publicly any part of of the draft updated analysis under subpara- the Secretary of Transportation shall pro- an in-cab audio or image recording or tran- graph (A), solicit public comment on the mulgate regulations to require each rail car- script of oral communications by or among analysis for a period of not more than 30 rier that provides regularly scheduled inter- train employees or other operating employ- days; and city rail passenger or commuter rail pas- ees responsible for the movement and direc- (C) not later than 60 days after the end of senger transportation to the public to install tion of the train, or between such operating the public comment period, post the final up- inward- and outward-facing image recording employees and company communication cen- dated regulatory impact analysis on the De- devices in all controlling locomotive cabs ters, related to an accident investigated by partment of Transportation Web site. and cab car operating compartments in such the Secretary. However, the Secretary shall (2) DETERMINATION.—Not later than 180 passenger trains. make public any part of a transcript or any days after the report date, the Secretary ‘‘(b) DEVICE STANDARDS.—Each inward- and written depiction of visual information that shall— outward-facing image recording device the Secretary decides is relevant to the acci- (A) determine, based on whether the final shall— dent at the time a majority of the other fac- regulatory impact analysis described in ‘‘(1) have a minimum 12-hour continuous tual reports on the accident are released to paragraph (1)(C) demonstrates that the bene- recording capability; the public. fits, including safety benefits, of the applica- ‘‘(2) have crash and fire protections for any ‘‘(j) PROHIBITED USE.—An in-cab audio or ble ECP brake system requirements exceed in-cab image recordings that are stored only image recording obtained by a rail carrier

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S6013 under this section may not be used to retali- DOT-111 meeting the CPC-1232 standard, or (2) recommendations, based on the findings ate against an employee. jacketed DOT-111 meeting the CPC-1232 of the study, for— ‘‘(k) SAVINGS CLAUSE.—Nothing in this sec- standard; and (A) regulations that should be prescribed tion may be construed as requiring a rail (B) the identification number of each Class by the Secretary of Transportation or the carrier to cease or restrict operations upon a 3 flammable liquid carried by each tank car Secretary of Energy to improve the safe technical failure of an inward- or outward- in the past year. transport of crude oil; and facing image recording device. Such rail car- (c) TANK CAR SHOP DATA.—The Secretary (B) statutes that should be enacted by Con- rier shall repair or replace the failed inward- shall conduct a survey of tank car facilities gress to improve the safe transport of crude or outward-facing image recording device as modifying tank cars to the DOT-117R speci- oil. soon as practicable.’’. fication, or equivalent, or building new tank PART IV—POSITIVE TRAIN CONTROL (b) CONFORMING AMENDMENT.—The table of cars to the DOT-117 specification, or equiva- SEC. 35441. COORDINATION OF SPECTRUM. contents for subchapter II of chapter 201 is lent, to generate statistically-valid esti- (a) ASSESSMENT.—The Secretary, in coordi- mates of the expected number of tank cars amended by adding at the end the following: nation with the Chairman of the Federal those facilities expect to modify to DOT-117R ‘‘20168. Installation of audio and image re- Communications Commission, shall assess specification, or equivalent, or build to the cording devices.’’. spectrum needs and availability for imple- DOT-117 specification, or equivalent. SEC. 35437. RAIL PASSENGER TRANSPORTATION (d) FREQUENCY.—The Secretary shall col- menting positive train control systems (as LIABILITY. lect the data under subsection (b) and con- defined in section 20157(i)(3) of title 49, (a) LIMITATIONS.—Section 28103(a) is duct the survey under subsection (c) annu- United States Code). The Secretary and the amended— ally until May 1, 2025. Chairman may consult with external stake- (1) in paragraph (2), by striking (e) INFORMATION PROTECTIONS.— holders in carrying out this section. ‘‘$200,000,000’’ and inserting ‘‘$295,000,000, ex- (1) IN GENERAL.—The Secretary shall only (b) REPORT.—Not later than 120 days after cept as provided in paragraph (3).’’; and report data in industry-wide totals and shall the date of enactment of this Act, the Sec- (2) by adding at the end the following: treat company-specific information as con- retary shall submit a report to the Com- ‘‘(3) The liability cap under paragraph (2) fidential business information. mittee on Commerce, Science, and Transpor- shall be adjusted every 5 years by the Sec- (2) LEVEL OF CONFIDENTIALITY.—The Sec- tation of the Senate and the Committee on retary of Transportation to reflect changes retary shall ensure the data collected under Transportation and Infrastructure of the in the Consumer Price Index-All Urban Con- subsection (b) and the survey data under sub- House of Representatives that contains the sumers. section (c) have the same level of confiden- results of the assessment conducted under ‘‘(4) The Federal Government shall have no tiality as contained in the Confidential In- subsection (a). financial responsibility for any claims de- formation Protection and Statistical Effi- SEC. 35442. UPDATED PLANS. scribed in paragraph (2).’’. ciency Act of 2002 (44 U.S.C. 3501 note), as ad- (a) IMPLEMENTATION.—Section 20157(a) is (b) DEFINITION OF RAIL PASSENGER TRANS- ministered by the Bureau of Transportation amended to read as follows: PORTATION.—Section 28103(e) is amended— Statistics. ‘‘(a) IMPLEMENTATION.— (1) in the heading, by striking ‘‘DEFINI- (3) DESIGNEE.—The Secretary may des- ‘‘(1) PLAN REQUIRED.—Each Class I railroad TION.—’’ and inserting ‘‘DEFINITIONS.—’’; ignate the Director of the Bureau of Trans- carrier and each entity providing regularly (2) in paragraph (2), by striking ‘‘; and’’ and portation Statistics to collect data under scheduled intercity or commuter rail pas- inserting a semicolon; subsection (b) and the survey data under sub- senger transportation shall develop and sub- (3) in paragraph (3), by striking the period section (c) and direct the Director to ensure mit to the Secretary of Transportation a at the end and inserting ‘‘; and’’; and the confidentially of company-specific infor- plan for implementing a positive train con- (4) by adding at the end the following: mation to the maximum extent permitted by trol system by December 31, 2015, governing ‘‘(4) the term ‘rail passenger transpor- law. operations on— tation’ includes commuter rail passenger (f) REPORT.—Each year, not later than 60 ‘‘(A) its main line over which intercity rail transportation (as defined in section 24102).’’. days after the date that both the collection passenger transportation or commuter rail (c) PROHIBITION.—No Federal funds may be of the data under subsection (b) and the sur- passenger transportation (as defined in sec- appropriated for the purpose of paying for vey under subsection (c) are complete, the tion 24102) is regularly provided; the portion of an insurance premium attrib- Secretary shall report on the aggregate re- ‘‘(B) its main line over which poison- or utable to the increase in allowable awards sults, without company-specific information, toxic-by-inhalation hazardous materials (as under the amendments made by subsection to— defined in sections 171.8, 173.115, and 173.132 (a). (1) the Committee on Commerce, Science, of title 49, Code of Federal Regulations) are (d) EFFECTIVE DATE.—The amendments and Transportation of the Senate; and transported; and made by subsection (a) shall be effective for (2) the Committee on Transportation and ‘‘(C) such other tracks as the Secretary any passenger rail accident or incident oc- Infrastructure of the House of Representa- may prescribe by regulation or order. curring on or after May 12, 2015. tives. ‘‘(2) INTEROPERABILITY AND SEC. 35438. MODIFICATION REPORTING. (g) DEFINITIONS.—In this section: PRIORITIZATION.—The plan shall describe how (a) IN GENERAL.—Not later than 1 year (1) CLASS 3 FLAMMABLE LIQUID.—The term the railroad carrier or other entity subject after the date of enactment of this Act, the ‘‘Class 3 flammable liquid’’ has the meaning to paragraph (1) will provide for interoper- Secretary shall implement a reporting re- given the term in section 173.120(a) of title ability of the positive train control systems quirement to monitor industry-wide progress 49, Code of Federal Regulations. with movements of trains of other railroad toward modifying tank cars used in high- (2) HIGH-HAZARD FLAMMABLE TRAIN.—The carriers over its lines and shall, to the ex- hazard flammable train service by the appli- term ‘‘high-hazard flammable train’’ means tent practical, implement the positive train cable deadlines or authorization end dates a single train transporting 20 or more tank control systems in a manner that addresses set in regulation. cars loaded with a Class 3 flammable liquid areas of greater risk before areas of lesser (b) TANK CAR DATA.—The Secretary shall in a continuous block or a single train trans- risk. collect data from shippers and tank car own- porting 35 or more tank cars loaded with a ‘‘(3) SECRETARIAL REVIEW OF UPDATED ers on— Class 3 flammable liquid throughout the PLANS.— (1) the total number of tank cars modified train consist. ‘‘(A) SUBMISSION OF UPDATED PLANS.—Not- to meet the DOT-117R specification, or SEC. 35439. REPORT ON CRUDE OIL CHARACTER- withstanding the deadline set forth in para- equivalent, specifying— ISTICS RESEARCH STUDY. graph (1), not later than 90 days after the (A) the type or specification of each tank Not later than 180 days after the research date of enactment of the Railroad Reform, car before it was modified, including non- completion of the comprehensive Crude Oil Enhancement, and Efficiency Act, each Class jacketed DOT-111, jacketed DOT-111, non- Characteristics Research Sampling, Anal- I railroad carrier or other entity subject to jacketed DOT-111 meeting the CPC-1232 ysis, and Experiment (SAE) Plan study at paragraph (1) may submit to the Secretary standard, or jacketed DOT-111 meeting the Sandia National Laboratories, the Secretary an updated plan that amends the plan sub- CPC-1232 standard; and of Energy, in cooperation with the Secretary mitted under paragraph (1) with an updated (B) the identification number of each Class of Transportation, shall submit a report to implementation schedule (as described in 3 flammable liquid carried by each tank car the Committee on Commerce, Science, and paragraph (4)(B)) and milestones or metrics in the past year; Transportation of the Senate, the Com- (as described in paragraph (4)(A)) that dem- (2) the total number of tank cars built to mittee on Energy and Natural Resources of onstrate that the railroad carrier or other meet the DOT-117 specification, or equiva- the Senate, the Committee on Transpor- entity will implement a positive train con- lent; and tation and Infrastructure of the House of trol system as soon as practicable, if imple- (3) the total number of tank cars used or Representatives, and the Committee on En- menting in accordance with the updated plan likely to be used in high-hazard flammable ergy and Commerce of the House of Rep- will not introduce operational challenges or train service that have not been modified, resentatives that contains— risks to full, successful, and safe implemen- specifying— (1) the results of the comprehensive Crude tation. (A) the type or specification of each tank Oil Characteristics Research Sampling, ‘‘(B) REVIEW OF UPDATED PLANS.—Not later car not modified, including the non-jacketed Analysis, and Experiment (SAE) Plan study; than 150 days after receiving an updated plan DOT-111, jacketed DOT-111, non-jacketed and under subparagraph (A), the Secretary shall

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review the updated plan and approve or dis- ‘‘(i) The total number of components that ‘‘(7) CONSTRAINT.—Each updated plan shall approve it. In determining whether to ap- will be installed with positive train control reflect that the railroad carrier or other en- prove or disapprove the updated plan, the by the end of each calendar year until posi- tity subject to paragraph (1) will, not later Secretary shall consider whether the rail- tive train control is fully implemented, with than December 31, 2018— road carrier or other entity submitting the totals separated by each component cat- ‘‘(A) complete component installation and plan— egory. spectrum acquisition; and ‘‘(i)(I) has encountered technical or pro- ‘‘(ii) The number of employees that will re- ‘‘(B) activate its positive train control sys- grammatic challenges identified by the Sec- ceive the training, as required under the ap- tem without undue delay.’’. retary in the 2012 report transmitted to Con- plicable positive train control system regu- (b) ENFORCEMENT.—Section 20157(e) is gress pursuant to subsection (d); and lations, by the end of each calendar year amended to read as follows: ‘‘(II) the challenges referred to in sub- until positive train control is fully imple- ‘‘(e) ENFORCEMENT.—The Secretary is au- clause (I) have negatively affected the suc- mented. thorized to assess civil penalties pursuant to cessful implementation of positive train con- ‘‘(iii) The calendar year or years in which chapter 213 for the failure to submit or com- ply with a plan for implementing positive trol systems; spectrum will be acquired and will be avail- train control under subsection (a), including ‘‘(ii) has demonstrated due diligence in its able for use in all areas that it is needed for any amendments to the plan made by an up- effort to implement a positive train control positive train control implementation, if dated plan (including milestones or metrics system; such spectrum is not already acquired and and an updated implementation schedule) ‘‘(iii) has included in its plan milestones or ready for use. approved by the Secretary under paragraph metrics that demonstrate the railroad car- ‘‘(B) IMPLEMENTATION SCHEDULE.—Each up- (3) of such subsection, subject to section rier or other entity will implement a posi- dated plan submitted under paragraph (3) 35443 of the Railroad Reform, Enhancement, tive train control system as soon as prac- shall include an implementation schedule and Efficiency Act.’’. ticable, if implementing in accordance with that identifies the dates by which the rail- (c) DEFINITIONS.—Section 20157(i) is amend- the milestones or metrics will not introduce road carrier or other entity will— ed— operational challenges or risks to full, suc- ‘‘(i) fully implement a positive train con- (1) by redesignating paragraphs (1) through cessful, and safe implementation; and trol system; (3) as paragraphs (2) through (4), respec- ‘‘(iv) has set an implementation schedule ‘‘(ii) complete all component installation, tively; and in its plan that shows the railroad will com- consistent with the milestones or metrics de- (2) by inserting before paragraph (2), as re- ply with paragraph (7), if implementing in scribed in subparagraph (A)(i); designated, the following: accordance with the implementation sched- ‘‘(iii) complete all employee training re- ‘‘(1) ACTIVATE.—The term ‘activate’ means ule will not introduce operational challenges quired under the applicable positive train to initiate the use of a positive train control or risks to full, successful, and safe imple- control system regulations, consistent with system in every subdivision or district where mentation. the milestones or metrics described in sub- the railroad carrier or other entity is pre- ‘‘(C) MODIFICATION OF UPDATED PLANS.—(i) paragraph (A)(ii); pared to do so safely, reliably, and success- If the Secretary has not approved an updated ‘‘(iv) acquire all necessary spectrum, con- fully, and proceed with revenue service dem- plan under subparagraph (B) within 60 days sistent with the milestones or metrics in onstration as necessary for system testing of receiving the updated plan under subpara- subparagraph (A)(iii); and and certification, prior to full implementa- graph (A), the Secretary shall immediately— ‘‘(v) activate its positive train control sys- tion.’’. ‘‘(I) provide a written response to the rail- tem. (d) CONFORMING AMENDMENT.—Section road carrier or other entity that identifies ‘‘(C) ADDITIONAL INFORMATION.—Each up- 20157(g) is amended— the reason for not approving the updated dated plan submitted under paragraph (3) (1) by striking ‘‘The Secretary’’ and insert- plan and explains any incomplete or defi- shall include— ing the following: cient items; ‘‘(i) the total number of positive train con- ‘‘(1) IN GENERAL.—The Secretary’’; and ‘‘(II) allow the railroad carrier or other en- trol components required for implementa- (2) by adding at the end the following: tity to submit, within 30 days of receiving tion, with totals separated by each major ‘‘(2) CONFORMING REGULATORY AMEND- the written response under subclause (I), a component category; MENTS.—Immediately after the date of the modified version of the updated plan for the ‘‘(ii) the total number of employees requir- enactment of the Railroad Reform, Enhance- Secretary’s review; and ing training under the applicable positive ment, and Efficiency Act, the Secretary— ‘‘(III) approve or issue final disapproval for train control system regulations; ‘‘(A) shall remove or revise any references a modified version of the updated plan sub- ‘‘(iii) a summary of the remaining chal- to specified dates in the regulations or or- mitted under subclause (II) not later than 60 lenges to positive train control system im- ders implementing this section to the extent days after receipt. plementation, including— necessary to conform with the amendments ‘‘(ii) During the 60-day period described in ‘‘(I) testing issues; made by such Act; and clause (i)(III), the railroad or other entity ‘‘(II) interoperability challenges; ‘‘(B) may not enforce any such date-spe- that has submitted a modified version of the ‘‘(III) permitting issues; and cific deadlines or requirements that are in- updated plan under clause (i)(II) may make ‘‘(IV) certification challenges. consistent with the amendments made by additional modifications, if requested by the ‘‘(D) DEFINED TERM.—In this paragraph, the such Act.’’. Secretary, for the purposes of correcting in- term ‘component’ means a locomotive appa- (e) SAVINGS PROVISIONS.— complete or deficient items to receive ap- ratus, a wayside interface unit (including (1) RESUBMISSION OF INFORMATION.—Noth- proval. any associated legacy signal system replace- ing in the amendments made by this section ‘‘(D) PUBLIC AVAILABILITY.—Not later than ments), back office system hardware, a base may be construed to require a Class I rail- 30 days after approving an updated plan station radio, a wayside radio, or a loco- road carrier or other entity subject to sec- under this paragraph, the Secretary shall motive radio. tion 20157(a) of title 49, United States Code, make the updated plan available on the ‘‘(5) PLAN IMPLEMENTATION.—The Class I to resubmit in its updated plan information website of the Federal Railroad Administra- railroad carrier or other entity subject to from its initial implementation plan that is tion. paragraph (1) shall implement a positive not changed or affected by the updated plan. ‘‘(E) PENDING REVIEWS.—For an applicant train control system in accordance with its The Secretary shall consider an updated plan that submits an updated plan under subpara- plan, including any amendments made to the submitted pursuant to paragraph (3) of that graph (A), the Secretary shall extend the plan by its updated plan approved by the section to be an addendum that makes deadline for implementing a positive train Secretary under paragraph (3), and subject to amendments to the initial implementation control system at least until the date the section 35443 of the Railroad Reform, En- plan. Secretary approves or issues final dis- hancement, and Efficiency Act. (2) SUBMISSION OF NEW PLAN.—Nothing in approval for the updated plan with an up- ‘‘(6) PROGRESS REPORT.—Each Class I rail- the amendments made by this section may dated implementation schedule (as described road carrier or other entity with an approved be construed to require a Class I railroad in paragraph (4)(B)). updated plan shall submit an annual report carrier or other entity subject to section ‘‘(F) DISAPPROVAL.—A railroad carrier or to the Secretary that describes the progress 20157(a) of title 49, United States Code, to other entity that has its modified version of made on positive train control implementa- submit a new implementation plan pursuant its updated plan disapproved by the Sec- tion, including— to the deadline set forth in that section. retary under subparagraph (C)(i)(III), and ‘‘(A) the extent to which the railroad car- (3) APPROVAL.—A railroad carrier or other that has not implemented a positive train rier or other entity met or exceeded the entity subject to section 20157(a) of title 49, control system by the deadline in subsection metrics or milestones described in paragraph United States Code, that has its updated (a)(1), is subject to enforcement action au- (4)(A); plan, including a modified version of the up- thorized under subsection (e). ‘‘(B) the extent to which the railroad car- dated plan, approved by the Secretary under ‘‘(4) CONTENTS OF UPDATED PLAN.— rier or other entity complied with its imple- subparagraph (B) or subparagraph (C) of ‘‘(A) MILESTONES OR METRICS.—Each up- mentation schedule under paragraph (4)(B); paragraph (3) of that section shall not be re- dated plan submitted under paragraph (3) and quired to implement a positive train control shall describe the following milestones or ‘‘(C) any update to the information pro- system by the deadline under paragraph (1) metrics: vided under paragraph (4)(C). of that section.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S6015 SEC. 35443. EARLY ADOPTION AND INTEROPER- (2) to submit a report containing the re- apply a categorical exclusion designated by ABILITY. sults of the study conducted under paragraph another Department of Transportation oper- (a) EARLY ADOPTION.—During the 1-year (1) to the Committee on Commerce, Science, ating administration under the National En- period beginning on the date on which the and Transportation of the Senate and the vironmental Policy Act of 1969 (42 U.S.C. 4321 last railroad carrier’s or other entity’s posi- Committee on Transportation and Infra- et seq.). tive train control system, subject to section structure of the House of Representatives. ‘‘(2) FINDINGS.—A Department of Transpor- 20157(a) of title 49, United States Code, is cer- (b) FUNDING.—The Secretary may require, tation operating administration may adopt, tified by the Secretary under subsection (h) as part of the agreement under subsection in whole or in part, another Department of of such section and implemented on all of (a), that the National Cooperative Rail Re- Transportation operating administration’s that railroad carrier’s or other entity’s lines search Program Board fund the study re- Record of Decision, Finding of No Signifi- required to have operations governed by a quired under this section using such sums as cant Impact, and any associated evaluations, positive train control system, any railroad may be necessary out of the amounts made determinations, or findings demonstrating carrier or other entity shall not be subject to available under section 24910 of title 49, compliance with any law related to environ- the operational restrictions set forth in sub- United States Code. mental review or historic preservation.’’. part I of part 236 of title 49, Code of Federal Subtitle E—Project Delivery Regulations, that would otherwise apply in SEC. 35504. ADVANCE ACQUISITION. the event of a positive train control system SEC. 35501. SHORT TITLE. (a) IN GENERAL.—Chapter 241 is amended component failure. This subtitle may be cited as the ‘‘Track, by inserting after section 24105 the fol- (b) INTEROPERABILITY PROCEDURE.—If mul- Railroad, and Infrastructure Network Act’’. lowing— tiple railroad carriers operate on a single SEC. 35502. PRESERVATION OF PUBLIC LANDS. ‘‘§ 24106. Advance acquisition railroad line through a trackage or haulage (a) HIGHWAYS.—Section 138 of title 23, ‘‘(a) RAIL CORRIDOR PRESERVATION.—The agreement, each railroad carrier operating United States Code, is amended— Secretary may assist a recipient of funding on the railroad line shall not be subject to (1) in subsection (b)(2)(A)(i), by inserting ‘‘, in acquiring right-of-way and adjacent real the operating restrictions set forth in sub- taking into consideration any avoidance, property interests before or during the com- part I of part 236 of title 49, Code of Federal minimization, and mitigation or enhance- pletion of the environmental reviews for any Regulations, with respect to the railroad ment measures incorporated into the pro- project receiving funding under subtitle V of line, until the Secretary certifies that— gram or project’’ after ‘‘historic site’’; and title 49, United States Code, that may use (1) each Class I railroad carrier and each (2) by adding at the end the following: such property interests if the acquisition is entity providing regularly scheduled inter- ‘‘(c) RAIL AND TRANSIT.—Improvements to, otherwise permitted under Federal law, and city or commuter rail passenger transpor- or the maintenance, rehabilitation, or oper- the recipient requesting Federal funding for tation that operates on the railroad line is in ation of, railroad or rail transit lines or ele- the acquisition certifies, with the concur- compliance with its positive train control re- ments of such lines, with the exception of rence of the Secretary, that— quirements under section 20157(a) of title 49, stations, that are in use or were historically ‘‘(1) the recipient has authority to acquire United States Code; used for the transportation of goods or pas- the right-of-way or adjacent real property (2) each Class II or Class III railroad that sengers, shall not be considered a use of an interest; and operates on the railroad line is in compli- historic site under subsection (a), regardless ‘‘(2) the acquisition of the right-of-way or ance with the applicable regulatory require- of whether the railroad or rail transit line or adjacent real property interest— ments to equip locomotives operating in element of such line is listed on, or eligible ‘‘(A) is for a transportation or transpor- positive train control territory; and for listing on, the National Register of His- tation-related purpose; (3) the implementation of any and all posi- toric Places.’’. ‘‘(B) will not cause significant adverse en- (b) TRANSPORTATION PROJECTS.—Section tive train control systems are interoperable vironmental impact; 303 is amended— and operational on the railroad line in con- ‘‘(C) will not limit the choice of reasonable (1) in subsection (c), by striking ‘‘sub- formance with each approved implementa- alternatives for the proposed project or oth- section (d)’’ and inserting ‘‘subsections (d) tion plan so that each freight and passenger erwise influence the decision of the Sec- and (e)’’; railroad can operate on the line with that retary on any approval required for the pro- (2) in subsection (d)(2)(A)(i), by inserting ‘‘, freight or passenger railroad’s positive train posed project; taking into consideration any avoidance, control equipment. ‘‘(D) does not prevent the lead agency for (c) SMALL RAILROADS.—Not later than 120 minimization, and mitigation or enhance- the review process from making an impartial days after the date of the enactment of this ment measures incorporated into the pro- decision as to whether to accept an alter- Act, the Secretary shall amend section gram or project’’ after ‘‘historic site’’; and native that is being considered; 236.1006(b)(4)(iii)(B) of title 49, Code of Fed- (3) by adding at the end the following: ‘‘(E) complies with other applicable Fed- eral Regulations (relating to equipping loco- ‘‘(e) RAIL AND TRANSIT.—Improvements to, motives for applicable Class II and Class III or the maintenance, rehabilitation, or oper- eral law, including regulations; railroads operating in positive train control ation of, railroad or rail transit lines or ele- ‘‘(F) will be acquired through negotiation territory) to extend each deadline by 3 years. ments of such lines, with the exception of and without the threat of condemnation; and (d) ENFORCEMENT.— stations, that are in use or were historically ‘‘(G) will not result in the elimination or (1) IN GENERAL.—Subject to paragraph (2), used for the transportation of goods or pas- reduction of benefits or assistance to a dis- nothing in subsection (a) may be construed sengers, shall not be considered a use of an placed person under the Uniform Relocation to prohibit the Secretary from enforcing the historic site under subsection (c), regardless Assistance and Real Property Acquisition metrics and milestones under section of whether the railroad or rail transit line or Policies Act of 1970 (42 U.S.C. 4601 et seq.) 20157(a)(4)(A) of title 49, United States Code, element of such line is listed on, or eligible and title VI of the Civil Rights Act of 1964 (42 as amended by section 35442 of this Act. for listing on, the National Register of His- U.S.C. 2000d et seq.). (2) ACTIVATION.—Beginning on the date in toric Places.’’. ‘‘(b) ENVIRONMENTAL REVIEWS.— OMPLETION OF NEPA REVIEW which a railroad carrier or other entity sub- SEC. 35503. EFFICIENT ENVIRONMENTAL RE- ‘‘(1) C .—Before ject to section 20157(a) of title 49, United VIEWS. authorizing any Federal funding for the ac- States Code, as amended by section 35442 of (a) IN GENERAL.—Section 304 is amended— quisition of a real property interest that is this Act, has activated its positive train con- (1) in the heading, by striking ‘‘for the subject of a grant or other funding under trol system, the railroad carrier or other en- multimodal projects’’ and inserting ‘‘and in- this subtitle, the Secretary shall complete, if tity shall not be in violation of its plan, in- creasing the efficiency of environmental re- required, the review process under the Na- cluding its updated plan, approved under this views’’; and tional Environmental Policy Act of 1969 (42 Act if implementing such plan introduces (2) by adding at the end the following: U.S.C. 4321 et seq.) with respect to the acqui- operational challenges or risks to full, suc- ‘‘(e) EFFICIENT ENVIRONMENTAL REVIEWS.— sition. cessful, and safe implementation. ‘‘(1) IN GENERAL.—The Secretary of Trans- ‘‘(2) COMPLETION OF SECTION 106.—An acqui- sition of a real property interest involving SEC. 35444. POSITIVE TRAIN CONTROL AT GRADE portation shall apply the project develop- CROSSINGS EFFECTIVENESS STUDY. ment procedures, to the greatest extent fea- an historic site shall not occur unless the (a) STUDY.—After the Secretary certifies sible, described in section 139 of title 23, section 106 process, if required, under the Na- that each Class I railroad carrier and each United States Code, to any rail project that tional Historic Preservation Act (54 U.S.C. entity providing regularly scheduled inter- requires the approval of the Secretary of 306108) is complete. city or commuter rail passenger transpor- Transportation under the National Environ- ‘‘(3) TIMING OF ACQUISITIONS.—A real prop- tation is in compliance with the positive mental Policy Act of 1969 (42 U.S.C. 4321 et erty interest acquired under subsection (a) train control requirements under section seq.). may not be developed in anticipation of the 20157(a) of title 49, United States Code, the ‘‘(2) REGULATIONS AND PROCEDURES.—The proposed project until all required environ- Secretary shall enter into an agreement with Secretary of Transportation shall incor- mental reviews for the project have been the National Cooperative Rail Research Pro- porate such project development procedures completed.’’. gram Board— into the agency regulations and procedures (b) CONFORMING AMENDMENT.—The table of (1) to conduct a study of the possible effec- pertaining to rail projects. contents of chapter 241 is amended by insert- tiveness of positive train control and related ‘‘(f) APPLICABILITY OF NEPA DECISIONS.— ing after the item relating to section 24105 technologies on reducing collisions at high- ‘‘(1) IN GENERAL.—A Department of Trans- the following: way-rail grade crossings; and portation operating administration may ‘‘24106. Advance acquisition.’’.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0655 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S6016 CONGRESSIONAL RECORD — SENATE July 27, 2015 SEC. 35505. RAILROAD RIGHTS-OF-WAY. ‘‘(11) The term ‘project obligation’ means a Budget shall take any action required with Section 306108 of title 54, United States note, bond, debenture, or other debt obliga- respect to the application within that 60-day Code, is amended— tion issued by a borrower in connection with period. (1) by inserting ‘‘(b) OPPORTUNITY TO COM- the financing of a project, other than a di- ‘‘(4) EXPEDITED PROCESSING.—The Sec- MENT.—’’ before ‘‘The head of the Federal rect loan or loan guarantee under this title. retary shall implement procedures and meas- agency shall afford’’ and indenting accord- ‘‘(12) The term ‘railroad’ has the meaning ures to economize the time and cost involved ingly; given the term ‘railroad carrier’ in section in obtaining an approval or a disapproval of (2) in the matter before subsection (b), by 20102 of title 49, United States Code. credit assistance under this title. inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The ‘‘(13) The term ‘rating agency’ means a ‘‘(5) DASHBOARD.—The Secretary shall post head of any Federal agency having direct’’ credit rating agency registered with the Se- on the Department of Transportation’s pub- and indenting accordingly; and curities and Exchange Commission as a na- lic Web site a monthly report that includes (3) by adding at the end the following: tionally recognized statistical rating organi- for each application— ‘‘(c) EXEMPTION FOR RAILROAD RIGHTS-OF- zation (as defined in section 3(a) of the Secu- ‘‘(A) the name of the applicant or appli- WAY.— rities Exchange Act of 1934 (15 U.S.C. 78c(a))). cants; ‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(14) The term ‘substantial completion’ ‘‘(B) the location of the project; after the date of enactment of the Track, means— ‘‘(C) a brief description of the project, in- Railroad, and Infrastructure Network Act, ‘‘(A) the opening of a project to passenger cluding its purpose; the Secretary of Transportation shall submit or freight traffic; or ‘‘(D) the requested direct loan or loan a proposed exemption of railroad rights-of- ‘‘(B) a comparable event, as determined by guarantee amount; way from the review under this chapter to the Secretary and specified in the direct ‘‘(E) the date on which the Secretary pro- the Council for its consideration, consistent loan.’’. vided application status notice under para- with the exemption for interstate highways SEC. 35603. ELIGIBLE APPLICANTS. graph (1); and approved on March 10, 2005 (70 Fed. Reg. Section 502(a) (45 U.S.C. 822(a)) is amend- ‘‘(F) the date that the Secretary provided 11,928). ed— notice of approval or disapproval under para- ‘‘(2) FINAL EXEMPTION.—Not later than 180 (1) in paragraph (5), by striking ‘‘one rail- graph (3).’’. days after the date that the Secretary sub- road; and’’ and inserting ‘‘1 of the entities (b) ADMINISTRATION OF DIRECT LOANS AND mits the proposed exemption under para- described in paragraph (1), (2), (3), (4), or LOAN GUARANTEES.—Section 503 (45 U.S.C. graph (1) to the Council, the Council shall (6);’’; and 823) is amended— issue a final exemption of railroad rights-of- (2) by amending paragraph (6) to read as (1) in subsection (a), by striking the period way from review under this chapter, con- follows: at the end and inserting ‘‘, including a pro- sistent with the exemption for interstate ‘‘(6) solely for the purpose of constructing gram guide and standard term sheet and spe- highways approved on March 10, 2005 (70 Fed. a rail connection between a plant or facility cific timetables.’’; Reg. 11,928).’’. and a rail carrier, limited option freight (2) by redesignating subsections (c) SEC. 35506. SAVINGS CLAUSE. shippers that own or operate a plant or other through (l) as subsections (d) through (m), Nothing in this title, or any amendment facility; and’’. respectively; made by this title, shall be construed as SEC. 35604. ELIGIBLE PURPOSES. (3) by striking ‘‘(b) ASSIGNMENT OF LOAN superceding, amending, or modifying the Na- Section 502(b)(1) (45 U.S.C. 822(b)(1)) is GUARANTEES.—’’ and inserting ‘‘(c) ASSIGN- tional Environmental Policy Act of 1969 (42 amended— MENT OF LOAN GUARANTEES.—’’; U.S.C. 4321 et seq.) or affect the responsi- (1) in subparagraph (A), by inserting ‘‘, and (4) in subsection (d), as redesignated— bility of any Federal officer to comply with costs related to these activities, including (A) in paragraph (1), by striking ‘‘; and’’ or enforce any such statute. pre-construction costs’’ after ‘‘shops’’; and inserting a semicolon; SEC. 35507. TRANSITION. (2) in subparagraph (B), by striking ‘‘sub- (B) in paragraph (2), by striking the period Nothing in this title, or any amendment paragraph (A); or’’ and inserting ‘‘subpara- at the end and inserting ‘‘; and’’; and made by this title, shall affect any existing graph (A) or (C);’’; (C) by adding at the end the following: environmental review process, program, (3) in subparagraph (C), by striking the pe- ‘‘(3) the modification cost has been covered agreement, or funding arrangement approved riod at the end and inserting a semicolon; under section 502(f).’’; and by the Secretary under title 49, United and (5) by amending subsection (l), as redesig- States Code, as that title was in effect on the (4) by adding at the end the following: nated, to read as follows: day preceding the date of enactment of this ‘‘(D) reimburse planning and design ex- ‘‘(l) CHARGES AND LOAN SERVICING.— subtitle. penses relating to projects described in sub- ‘‘(1) PURPOSES.—The Secretary may collect paragraph (A) or (C).’’. and spend from each applicant, obligor, or Subtitle F—Financing SEC. 35605. PROGRAM ADMINISTRATION. loan party a reasonable charge for— SEC. 35601. SHORT TITLE; REFERENCES. (a) APPLICATION PROCESSING PROCEDURES.— ‘‘(A) the cost of evaluating the application, (a) SHORT TITLE.—This subtitle may be Section 502(i) (45 U.S.C. 822(i)) is amended to amendments, modifications, and waivers, in- cited as the ‘‘Railroad Infrastructure Fi- read as follows: cluding for evaluating project viability, ap- nancing Improvement Act’’. ‘‘(i) APPLICATION PROCESSING PROCE- plicant creditworthiness, and the appraisal (b) REFERENCES TO THE RAILROAD REVITAL- DURES.— of the value of the equipment or facilities for IZATION AND REGULATORY REFORM ACT OF ‘‘(1) APPLICATION STATUS NOTICES.—Not which the direct loan or loan guarantee is 1976.—Except as otherwise expressly pro- later than 30 days after the date that the sought, and for making necessary determina- vided, wherever in this subtitle an amend- Secretary receives an application under this tions and findings; ment or repeal is expressed in terms of an section, the Secretary shall provide the ap- ‘‘(B) the cost of award management and amendment to, or repeal of, a section or plicant written notice as to whether the ap- project management oversight; other provision, the reference shall be con- plication is complete or incomplete. ‘‘(C) the cost of services from expert firms, sidered to be made to a section or other pro- ‘‘(2) INCOMPLETE APPLICATIONS.—If the Sec- including counsel, and independent financial vision of the Railroad Revitalization and retary determines that an application is in- advisors to assist in the underwriting, audit- Regulatory Reform Act of 1976, as amended complete, the Secretary shall— ing, servicing, and exercise of rights with re- (45 U.S.C. 801 et seq.). ‘‘(A) provide the applicant with a descrip- spect to direct loans and loan guarantees; SEC. 35602. DEFINITIONS. tion of all of the specific information or ma- and Section 501 (45 U.S.C. 821) is amended— terial that is needed to complete the applica- ‘‘(D) the cost of all other expenses incurred (1) by redesignating paragraph (8) as para- tion; and as a result of a breach of any term or condi- graph (10); ‘‘(B) allow the applicant to resubmit the tion or any event of default on a direct loan (2) by redesignating paragraphs (6) and (7) information and material described under or loan guarantee. as paragraphs (7) and (8), respectively; subparagraph (A) to complete the applica- ‘‘(2) STANDARDS.—The Secretary may (3) by inserting after paragraph (5) the fol- tion. charge different amounts under this sub- lowing: ‘‘(3) APPLICATION APPROVALS AND DIS- section based on the different costs incurred ‘‘(6) The term ‘investment-grade rating’ APPROVALS.— under paragraph (1). means a rating of BBB minus, Baa 3, bbb ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(3) SERVICER.— minus, BBB(low), or higher assigned by a after the date the Secretary notifies an ap- ‘‘(A) IN GENERAL.—The Secretary may ap- rating agency.’’; plicant that an application is complete point a financial entity to assist the Sec- (4) by inserting after paragraph (8), as re- under paragraph (1), the Secretary shall pro- retary in servicing a direct loan or loan designated, the following: vide the applicant written notice as to guarantee under this section. ‘‘(9) The term ‘master credit agreement’ whether the Secretary has approved or dis- ‘‘(B) DUTIES.—A servicer appointed under means an agreement to make 1 or more di- approved the application. subparagraph (A) shall act as the agent of rect loans or loan guarantees at future dates ‘‘(B) ACTIONS BY THE OFFICE OF MANAGE- the Secretary in serving a direct loan or loan for a program of related projects on terms MENT AND BUDGET.—In order to enable com- guarantee under this section. acceptable to the Secretary.’’; and pliance with the time limit under subpara- ‘‘(C) FEES.—A servicer appointed under (5) by adding at the end the following: graph (A), the Office of Management and subparagraph (A) shall receive a servicing

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S6017 fee from the obligor or other loan party, sub- ruptcy, insolvency, or liquidation of the obli- loan guarantees, including costs of modifica- ject to approval by the Secretary. gor. tions thereof’’. ‘‘(4) SAFETY AND OPERATIONS ACCOUNT.— ‘‘(2) PREEXISTING INDENTURES.— SEC. 35608. MASTER CREDIT AGREEMENTS. Amounts collected under this subsection ‘‘(A) IN GENERAL.—The Secretary may shall— waive the requirement under paragraph (1) Section 502 (45 U.S.C. 822), as amended by ‘‘(A) be credited directly to the Safety and for a public agency borrower that is financ- subsections (c) and (d) of section 35606 of this Operations account of the Federal Railroad ing ongoing capital programs and has out- Act, is further amended by adding at the end Administration; and standing senior bonds under a preexisting in- the following: ‘‘(B) remain available until expended to denture if— ‘‘(m) MASTER CREDIT AGREEMENTS.— pay for the costs described in this sub- ‘‘(i) the direct loan is rated in the A cat- ‘‘(1) IN GENERAL.—Subject to section 502(d) section.’’. egory or higher; and paragraph (2) of this subsection, the Sec- SEC. 35606. LOAN TERMS AND REPAYMENT. ‘‘(ii) the direct loan is secured and payable retary may enter into a master credit agree- (a) PREREQUISITES FOR ASSISTANCE.—Sec- from pledged revenues not affected by ment that is contingent on all of the condi- tion 502(g)(1) (45 U.S.C. 822(g)(1)) is amended project performance, such as a tax-based rev- tions for the provision of a direct loan or by striking ‘‘35 years from the date of its enue pledge or a system-backed pledge of loan guarantee, as applicable, under this execution’’ and inserting ‘‘the lesser of 35 project revenues; and title and other applicable requirements years after the date of substantial comple- ‘‘(iii) the program share, under this title, being satisfied prior to the issuance of the tion of the project or the estimated useful of eligible project costs is 50 percent or less. direct loan or loan guarantee. life of the rail equipment or facilities to be ‘‘(B) LIMITATION.—The Secretary may im- ‘‘(2) CONDITIONS.—Each master credit acquired, rehabilitated, improved, developed, pose limitations for the waiver of the non- agreement shall— or established’’. subordination requirement under this para- ‘‘(A) establish the maximum amount and (b) REPAYMENT SCHEDULES.—Section 502(j) graph if the Secretary determines that such general terms and conditions of each appli- (45 U.S.C. 822(j)) is amended— limitations would be in the financial interest cable direct loan or loan guarantee; (1) in paragraph (1), by striking ‘‘the sixth of the Federal Government.’’. ‘‘(B) identify 1 or more dedicated non-Fed- anniversary date of the original loan dis- SEC. 35607. CREDIT RISK PREMIUMS. eral revenue sources that will secure the re- bursement’’ and inserting ‘‘5 years after the Section 502(f) (45 U.S.C. 822(f)) is amended— payment of each applicable direct loan or date of substantial completion’’; and (1) in paragraph (1), by amending the first loan guarantee; (2) by adding at the end the following: sentence to read as follows: ‘‘In lieu of or in ‘‘(C) provide for the obligation of funds for ‘‘(3) DEFERRED PAYMENTS.— combination with appropriations of budget the direct loans or loan guarantees contin- ‘‘(A) IN GENERAL.—If at any time after the authority to cover the costs of direct loans gent on and after all requirements have been date of substantial completion the project is and loan guarantees as required under sec- met for the projects subject to the master unable to generate sufficient revenues to pay tion 504(b)(1) of the Federal Credit Reform credit agreement; and the scheduled loan repayments of principal Act of 1990 (2 U.S.C. 661c(b)(1)), including the ‘‘(D) provide 1 or more dates, as deter- and interest on the direct loan, the Sec- cost of a modification thereof, the Secretary mined by the Secretary, before which the retary, subject to subparagraph (B), may may accept on behalf of an applicant for as- master credit agreement results in each of allow, for a maximum aggregate time of 1 sistance under this section a commitment the direct loans or loan guarantees or in the year over the duration of the direct loan, the from a non-Federal source, including a State release of the master credit agreement.’’. obligor to add unpaid principal and interest or local government or agency or public ben- SEC. 35609. PRIORITIES AND CONDITIONS. to the outstanding balance of the direct efit corporation or public authority thereof, loan. to fund in whole or in part credit risk pre- (a) PRIORITY PROJECTS.—Section 502(c) (45 ‘‘(B) INTEREST.—A payment deferred under miums and modification costs with respect U.S.C. 822(c)) is amended— subparagraph (A) shall— to the loan that is the subject of the applica- (1) in paragraph (1), by inserting ‘‘, includ- ‘‘(i) continue to accrue interest under para- tion or modification.’’; ing projects for the installation of a positive graph (2) until the loan is fully repaid; and (2) in paragraph (2)— train control system (as defined in section ‘‘(ii) be scheduled to be amortized over the (A) in subparagraph (D), by adding ‘‘and’’ 20157(i) of title 49, United States Code)’’ after remaining term of the loan. after the semicolon; ‘‘public safety’’; ‘‘(4) PREPAYMENTS.— (B) by striking subparagraph (E); and (2) by redesignating paragraphs (2) and (3) ‘‘(A) USE OF EXCESS REVENUES.—Any excess (C) by redesignating subparagraph (F) as as paragraphs (3) and (2), respectively; revenues that remain after satisfying sched- subparagraph (E); (3) in paragraph (5), by inserting ‘‘or chap- uled debt service requirements on the (3) by striking paragraph (4); ter 227 of title 49’’ after ‘‘section 135 of title project obligations and direct loan and all (4) by redesignating paragraph (3) as para- 23’’; deposit requirements under the terms of any graph (4); (4) by redesignating paragraphs (6) through trust agreement, bond resolution, or similar (5) by inserting after paragraph (2) the fol- (8) as paragraphs (7) through (9), respec- agreement securing project obligations may lowing: tively; and be applied annually to prepay the direct loan ‘‘(3) CREDITWORTHINESS.—An applicant may (5) by inserting after paragraph (5) the fol- without penalty. propose and the Secretary may accept as a lowing: ‘‘(B) USE OF PROCEEDS OF REFINANCING.— basis for determining the amount of the ‘‘(6) improve railroad stations and pas- The direct loan may be prepaid at any time credit risk premium under paragraph (2) any senger facilities and increase transit-ori- without penalty from the proceeds of refi- of the following in addition to the value of ented development;’’. nancing from non-Federal funding sources.’’. any tangible asset: (b) CONDITIONS OF ASSISTANCE.—Section (c) SALE OF DIRECT LOANS.—Section 502 (45 ‘‘(A) The net present value of a future 502(h) (45 U.S.C. 822(h)) is amended in para- U.S.C. 822) is amended by adding at the end stream of State or local subsidy income or graph (2), by inserting ‘‘, if applicable’’ after the following: other dedicated revenues to secure the direct ‘‘project’’. ‘‘(k) SALE OF DIRECT LOANS.— loan or loan guarantee. SEC. 35610. SAVINGS PROVISION. ‘‘(1) IN GENERAL.—Subject to paragraph (2) ‘‘(B) Adequate coverage requirements to and as soon as practicable after substantial ensure repayment, on a non-recourse basis, (a) IN GENERAL.—Except as provided in completion of a project, the Secretary, after from cash flows generated by the project or subsection (b), this subtitle, and the amend- notifying the obligor, may sell to another any other dedicated revenue source, includ- ments made by this subtitle, shall not affect entity or reoffer into the capital markets a ing— any direct loan (or direct loan obligation) or direct loan for the project if the Secretary ‘‘(i) tolls; an outstanding loan guarantee (or loan guar- determines that the sale or reoffering has a ‘‘(ii) user fees; or antee commitment) that was in effect prior high probability of being made on favorable ‘‘(iii) payments owing to the obligor under to the date of enactment of this Act. Any terms. a public-private partnership. such transaction entered into before the date ‘‘(2) CONSENT OF OBLIGOR.—In making a ‘‘(C) An investment-grade rating on the di- of enactment of this Act shall be adminis- sale or reoffering under paragraph (1), the rect loan or loan guarantee, as applicable, tered until completion under its terms as if Secretary may not change the original terms except that if the total amount of the direct this Act were not enacted. and conditions of the secured loan without loan or loan guarantee is greater than (b) MODIFICATION COSTS.—At the discretion the prior written consent of the obligor’’. $75,000,000, the applicant shall have an in- of the Secretary, the authority to accept (d) NONSUBORDINATION.—Section 502 (45 vestment-grade rating from at least 2 rating modification costs on behalf of an applicant U.S.C. 822), as amended in subsection (c), is agencies on the direct loan or loan guar- under section 502(f) of the Railroad Revital- further amended by adding at the end the antee.’’; and ization and Regulatory Reform Act of 1976 following: (6) in paragraph (4), as redesignated, by (45 U.S.C. 822(f)), as amended by section 35607 ‘‘(l) NONSUBORDINATION.— striking ‘‘amounts’’ and inserting ‘‘amounts of this Act, may apply with respect to any ‘‘(1) IN GENERAL.—Except as provided in (and in the case of a modification, before the direct loan (or direct loan obligation) or an paragraph (2)(B), a direct loan shall not be modification is executed), to the extent ap- outstanding loan guarantee (or loan guar- subordinated to the claims of any holder of propriations are not available to the Sec- antee commitment) that was in effect prior project obligations in the event of bank- retary to meet the costs of direct loans and to the date of enactment of this Act.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S6018 CONGRESSIONAL RECORD — SENATE July 27, 2015 DIVISION D—FREIGHT AND MAJOR ‘‘(2) to ensure that the United States maxi- self-certifications of right-of-way acquisi- PROJECTS mizes its competitiveness in the global econ- tions for freight projects; and TITLE XLI—FREIGHT POLICY omy by increasing the overall productivity ‘‘(9) submit a report to the Committee on and connectivity of the national freight sys- Commerce, Science, and Transportation and SEC. 41001. ESTABLISHMENT OF FREIGHT CHAP- TER. tem; and the Committee on Environment and Public ‘‘(3) to pursue the goals described in sub- Works of the Senate and the Committee on (a) FREIGHT.—Subtitle III of title 49, United States Code, is amended by inserting section (b). Transportation and Infrastructure of the ‘‘(b) GOALS.—The national multimodal after chapter 53 the following: House of Representatives that identifies re- freight policy has the following goals: quired reports, statutory requirements, and ‘‘CHAPTER 54—FREIGHT ‘‘(1) To enhance the economic competitive- other limitations on efficient freight project ‘‘5401. Definitions. ness of the United States by investing in in- delivery that could be streamlined or con- ‘‘5402. National multimodal freight policy. frastructure improvements and imple- solidated.’’. ‘‘5403. National multimodal freight network. menting operational improvements on the SEC. 41003. NATIONAL MULTIMODAL FREIGHT ‘‘5404. National freight strategic plan. freight network of the United States that NETWORK. ‘‘5405. State freight advisory committees. achieve 1 or more of the following: Chapter 54 of subtitle III of title 49, United ‘‘5406. State freight plans. ‘‘(A) Strengthen the contribution of the States Code, as amended by section 41002, is ‘‘5407. Transportation investment planning national freight network to the economic amended by adding after section 5402 the fol- and data tools. competitiveness of the United States. lowing: ‘‘5408. Savings provision. ‘‘(B) Reduce congestion and relieve bottle- ‘‘5409. Assistance for freight projects. ‘‘§ 5403. National multimodal freight network necks in the freight transportation system. ‘‘(a) IN GENERAL.—The Secretary shall es- ‘‘§ 5401. Definitions ‘‘(C) Reduce the cost of freight transpor- tablish a national freight network, in ac- ‘‘In this chapter: tation. cordance with this section— ‘‘(1) ECONOMIC COMPETITIVENESS.—The term ‘‘(D) Improve the reliability of freight ‘‘(1) to assist States in strategically direct- ‘economic competitiveness’ means the abil- transportation. ing resources toward improved system per- ity of the economy to efficiently move ‘‘(E) Increase productivity, particularly for formance for the efficient movement of freight and people, produce goods, and de- domestic industries and businesses that cre- freight on transportation networks; liver services, including— ate jobs. ‘‘(2) to inform freight transportation plan- ‘‘(A) reductions in the travel time of ‘‘(2) To improve the safety, security, effi- ning; freight; ciency, and resiliency of freight transpor- ‘‘(3) to assist in the prioritization of Fed- ‘‘(B) reductions in the congestion caused tation in rural and urban areas. eral investment; and by the movement of freight; ‘‘(3) To improve the condition of the na- ‘‘(4) to assess and support Federal invest- ‘‘(C) improvements to freight travel time tional freight network. ments to achieve the national multimodal reliability; and ‘‘(4) To use advanced technology to im- freight policy goals described in section ‘‘(D) reductions in freight transportation prove the safety and efficiency of the na- 5402(b) of this title and in section 150(b) of costs due to congestion and insufficient in- tional freight network. title 23. frastructure. ‘‘(5) To incorporate concepts of perform- ‘‘(b) NETWORK COMPONENTS.—The national ‘‘(2) FREIGHT.—The term ‘freight’ means ance, innovation, competition, and account- multimodal freight network established the commercial transportation of cargo, in- ability into the operation and maintenance under this section shall consist of all connec- cluding agricultural, manufactured, retail, of the national freight network. tors, corridors, and facilities in all freight or other goods by vessel, vehicle, pipeline, or ‘‘(6) To improve the efficiency and produc- transportation modes that are the most crit- rail. tivity of the national freight network. ical to the current and future movement of ‘‘(3) FREIGHT TRANSPORTATION MODES.—The ‘‘(7) To pursue these goals in a manner that freight, including the national highway term ‘freight transportation modes’ means— is not burdensome to State and local govern- freight network, to achieve the national ‘‘(A) the infrastructure supporting any ments. multimodal freight policy goals described in mode of transportation that moves freight, ‘‘(c) STRATEGIES.—The United States may section 5402(b) of this title and in section including highways, ports, waterways, rail achieve the goals described in subsection (b) 150(b) of title 23. facilities, and pipelines; and by— ‘‘(c) INITIAL DESIGNATION OF PRIMARY ‘‘(B) any vehicles or equipment trans- ‘‘(1) providing funding to maintain and im- FREIGHT SYSTEM.— porting goods on such infrastructure. prove freight infrastructure facilities; ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of the DRIVE ‘‘(4) NATIONAL HIGHWAY FREIGHT NET- ‘‘(2) implementing appropriate safety, en- Act, the Secretary, after soliciting input WORK.—The term ‘national highway freight vironmental, energy and other transpor- network’ means the network established tation policies; from stakeholders, including multimodal under section 167 of title 23. ‘‘(3) utilizing advanced technology and in- freight system users, transport providers, metropolitan planning organizations, local ‘‘(5) NATIONAL MULTIMODAL FREIGHT NET- novation; governments, ports, airports, railroads, and WORK.—The term ‘national multimodal ‘‘(4) promoting workforce development; freight network’ means the network estab- and States, through a public process to identify lished under section 5403. ‘‘(5) using performance management ac- critical freight facilities and corridors that are vital to achieve the national multimodal ‘‘(6) NATIONAL MULTIMODAL FREIGHT STRA- tivities. freight policy goals described in section TEGIC PLAN.—The term ‘national multimodal ‘‘(d) IMPLEMENTATION.—The Under Sec- freight strategic plan’ means the strategic retary for Policy, who shall be responsible 5402(b) of this title and in section 150(b) of plan developed under section 5404. for the oversight and implementation of the title 23, and after providing notice and op- national multimodal freight policy, shall— portunity for comment on a draft system, ‘‘(7) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. ‘‘(1) assist with the coordination of modal shall designate a primary freight system freight planning; with the goal of— ‘‘(8) STATE.—The term ‘State’ means a State of the United States, the District of ‘‘(2) ensure consistent, expedited review of ‘‘(A) improving network and intermodal Columbia, the Commonwealth of Puerto multimodal freight projects; connectivity; and Rico, the Commonwealth of the Northern ‘‘(3) review the project planning and ap- ‘‘(B) using measurable data as part of the Mariana Islands, Guam, American Samoa, proval processes at each modal administra- assessment of the significance of freight and the United States Virgin Islands.’’. tion to identify modeling and metric incon- movement, including the consideration of sistencies, approvals, and terminology dif- points of origin, destination, and linking (b) TECHNICAL AND CONFORMING AMEND- ferences that could hamper multimodal components of domestic and international MENT.—The table of chapters for subtitle III of title 49, United States Code, is amended by project approval; supply chains. inserting after the item relating to chapter ‘‘(4) identify interagency data sharing op- ‘‘(2) FACTORS.—In designating or redesig- 53 the following: portunities to promote freight planning and nating a primary freight system, the Sec- coordination; retary shall consider— ‘‘54. Freight ...... 5401’’. ‘‘(5) identify multimodal efforts and con- ‘‘(A) origins and destinations of freight SEC. 41002. NATIONAL MULTIMODAL FREIGHT nections; movement within, to, and from the United POLICY. ‘‘(6) designate the lead agency for States; Chapter 54 of subtitle III of title 49, United multimodal freight projects; ‘‘(B) volume, value, tonnage, and the stra- States Code, as added by section 41001, is ‘‘(7) develop recommendations for State in- tegic importance of freight; amended by adding after section 5401 the fol- centives for multimodal planning efforts, ‘‘(C) access to border crossings, airports, lowing: which may include— seaports, and pipelines; ‘‘§ 5402. National multimodal freight policy ‘‘(A) reducing the State cost share; or ‘‘(D) economic factors, including balance of ‘‘(a) POLICY.—It is the policy of the United ‘‘(B) expediting the review of agreements trade; States— for multimodal or freight specific projects; ‘‘(E) access to major areas for manufac- ‘‘(1) to support investment to maintain and ‘‘(8) explore opportunities within existing turing, agriculture, or natural resources; improve the condition and performance of legal authorities to reduce project delays by ‘‘(F) access to energy exploration, develop- the national multimodal freight network; issuing categorical exclusions or allowing ment, installation, and production areas;

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S6019 ‘‘(G) intermodal links and intersections ‘‘(I) the State has satisfied the require- tion of which shall be revised, as appro- that promote connectivity; ments under subparagraph (A); and priate, in subsequent plans; ‘‘(H) freight choke points and other im- ‘‘(II) the designations referred to in clause ‘‘(5) an assessment of statutory, regu- pediments contributing to significant meas- (i) address the factors for redesignation de- latory, technological, institutional, finan- urable congestion, delay in freight move- scribed in subsection (c)(3). cial, and other barriers to improved freight ment, or inefficient modal connections; ‘‘(d) CRITICAL RURAL FREIGHT CORRIDORS.— transportation performance (including op- ‘‘(I) impacts on all freight transportation A State may designate freight transpor- portunities for overcoming the barriers); modes and modes that share significant tation infrastructure or facilities within the ‘‘(6) an identification of routes providing freight infrastructure; borders of the State as a critical rural access to energy exploration, development, ‘‘(J) elements and transportation corridors freight corridor if the public road or facil- installation, or production areas; identified by a multi-State coalition, a ity— ‘‘(7) routes for providing access to major State, a State advisory committee, or a met- ‘‘(1) is a rural principal arterial roadway or areas for manufacturing, agriculture, or nat- ropolitan planning organization, using na- facility; ural resources; tional or local data, as having critical ‘‘(2) provides access or service to energy ‘‘(8) best practices for improving the per- freight importance to the region; exploration, development, installation, or formance of the national freight network; ‘‘(K) intermodal connectors, major dis- production areas; ‘‘(9) best practices to mitigate the impacts tribution centers, inland intermodal facili- ‘‘(3) provides access or service to— of freight movement on communities; ties, and first- and last-mile facilities; ‘‘(A) a grain elevator; ‘‘(10) a process for addressing multistate ‘‘(L) the annual average daily truck traffic ‘‘(B) an agricultural facility; projects and encouraging jurisdictions to on principal arterials; and ‘‘(C) a mining facility; collaborate on multistate projects; ‘‘(M) the significance of goods movement, ‘‘(D) a forestry facility; or ‘‘(11) identification of locations or areas including consideration of global and domes- ‘‘(E) an intermodal facility; with congestion involving freight traffic, and tic supply chains. ‘‘(4) connects to an international port of strategies to address those issues; ‘‘(3) REQUIREMENTS FOR DESIGNATION.—A entry; ‘‘(12) strategies to improve freight inter- designation may be made under this sub- ‘‘(5) provides access to significant air, rail, modal connectivity; and section if the freight transportation facility water, or other freight facilities in the State; ‘‘(13) best practices for improving the per- or infrastructure being considered— or formance of the national multimodal freight ‘‘(A) is in an urbanized area, regardless of ‘‘(6) has been determined by the State to be network and rural and urban access to crit- population; vital to improving the efficient movement of ical freight corridors. ‘‘(B) has been designated under subsection freight of importance to the economy of the ‘‘(b) UPDATES TO NATIONAL FREIGHT STRA- (d) as a critical rural freight corridor; State. TEGIC PLAN.—Not later than 5 years after the ‘‘(C) connects an intermodal facility to— ‘‘(e) REDESIGNATION OF PRIMARY FREIGHT date of completion of the first national ‘‘(i) the primary freight network; or SYSTEM.—Beginning on the date that is 5 multimodal freight strategic plan under sub- ‘‘(ii) an intermodal freight facility; years after the initial designation under sub- section (a) and every 5 years thereafter, the ‘‘(D)(i) is located within a corridor of a section (c), and every 5 years thereafter, the Secretary shall update and repost on the route on the primary freight network; and Secretary, using the designation factors de- public website of the Department of Trans- ‘‘(ii) provides an alternative option impor- scribed in subsection (c)(3), shall redesignate portation a revised national freight strategic tant to goods movement; the primary freight system.’’. plan.’’. ‘‘(E) serves a major freight generator, lo- TITLE XLII—PLANNING SEC. 42002. STATE FREIGHT ADVISORY COMMIT- gistic center, agricultural region, or manu- TEES. facturing, warehouse, or industrial land; or SEC. 42001. NATIONAL FREIGHT STRATEGIC PLAN. Chapter 54 of subtitle III of title 49, United ‘‘(F) is important to the movement of Chapter 54 of subtitle III of title 49, United States Code (as amended by section 42001), is freight within a State or metropolitan re- States Code (as amended by title XLI), is amended by adding at the end the following: gion, as determined by the State or the met- amended by adding at the end the following: ‘‘§ 5405. State freight advisory committees ropolitan planning organization. ‘‘(4) CONSIDERATIONS.—In designating or re- ‘‘§ 5404. National freight strategic plan ‘‘(a) IN GENERAL.—Each State shall estab- designating the primary freight system ‘‘(a) INITIAL DEVELOPMENT OF NATIONAL lish a freight advisory committee consisting under subsection (e), the Secretary shall— FREIGHT STRATEGIC PLAN.—Not later than 3 of a representative cross-section of public ‘‘(A) use, to the extent practicable, meas- years after the date of enactment of the and private sector freight stakeholders, in- urable data to assess the significance of DRIVE Act, the Secretary, in consultation cluding representatives of ports, third party goods movement, including the consider- with State departments of transportation, logistics providers, shippers, carriers, ation of points of origin, destination, and metropolitan planning organizations, and freight-related associations, the freight in- linking components of the United States other appropriate public and private trans- dustry workforce, the transportation depart- global and domestic supply chains; portation stakeholders, shall develop, after ment of the State, and local governments. ‘‘(B) consider— providing opportunity for notice and com- ‘‘(b) ROLE OF COMMITTEE.—A freight advi- ‘‘(i) the factors described in subsection ment on a draft national freight strategic sory committee of a State described in sub- (c)(2); and plan, and post on the public website of the section (a) shall— ‘‘(ii) any changes in the economy or freight Department of Transportation a national ‘‘(1) advise the State on freight-related pri- transportation network demand; and freight strategic plan that includes— orities, issues, projects, and funding needs; ‘‘(C) provide the States with an oppor- ‘‘(1) an assessment of the condition and ‘‘(2) serve as a forum for discussion for tunity to submit proposed designations in performance of the national multimodal State transportation decisions affecting accordance with paragraph (5). freight network; freight mobility; ‘‘(5) STATE INPUT.— ‘‘(2) an identification of bottlenecks on the ‘‘(3) communicate and coordinate regional ‘‘(A) IN GENERAL.—Each State that pro- national multimodal freight network that priorities with other organizations; poses increased designations on the primary create significant freight congestion based ‘‘(4) promote the sharing of information be- freight system shall— on a quantitative methodology developed by tween the private and public sectors on ‘‘(i) consider nominations for additional the Secretary, which shall, at a minimum, freight issues; and designations from metropolitan planning or- include— ‘‘(5) participate in the development of the ganizations and State freight advisory com- ‘‘(A) information from the Freight Anal- freight plan of the State described in section mittees within the State; ysis Framework of the Federal Highway Ad- 5406.’’. ‘‘(ii) consider nominations for the addi- ministration; and SEC. 42003. STATE FREIGHT PLANS. tional designations from owners and opera- ‘‘(B) to the maximum extent practicable, Chapter 54 of subtitle III of title 49, United tors of port, rail, pipeline, and airport facili- an estimate of the cost of addressing each States Code (as amended by section 42002), is ties; and bottleneck and any operational improve- amended by adding at the end the following: ‘‘(iii) ensure that additional designations ments that could be implemented; ‘‘§ 5406. State freight plans are consistent with the State Transportation ‘‘(3) a forecast of freight volumes, based on ‘‘(a) IN GENERAL.—Each State shall develop Improvement Program or freight plan. the most recent data available, for— a freight plan that provides a comprehensive ‘‘(B) REVISIONS.—States may revise routes ‘‘(A) the 5-year period beginning in the plan for the immediate and long-range plan- certified under section 4006 of the Intermodal year during which the plan is issued; and ning activities and investments of the State Surface Transportation Efficiency Act of ‘‘(B) if practicable, for the 10- and 20-year with respect to freight. 1991 (Public Law 102–240; 105 Stat. 2148) to period beginning in the year during which ‘‘(b) PLAN CONTENTS.—A freight plan de- conform with the designated freight system the plan is issued; scribed in subsection (a) shall include, at a under this section. ‘‘(4) an identification of major trade gate- minimum— ‘‘(C) SUBMISSION AND CERTIFICATION.—Each ways and national freight corridors that con- ‘‘(1) an identification of significant freight State shall submit to the Secretary— nect major economic corridors, population system trends, needs, and issues with respect ‘‘(i) a list of the additional designations centers, trade gateways, and other major to the State; added under this subsection; and freight generators for current and forecasted ‘‘(2) a description of the freight policies, ‘‘(ii) certification that— traffic and freight volumes, the identifica- strategies, and performance measures that

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S6020 CONGRESSIONAL RECORD — SENATE July 27, 2015 will guide the freight-related transportation ‘‘(D) encouragement of public-private part- ‘‘(6) to improve the efficiency and produc- investment decisions of the State; nerships to carry out data sharing activities tivity of the national highway freight net- ‘‘(3) when applicable, a listing of critical while maintaining the confidentiality of all work; and rural and urban freight corridors designated proprietary data; and ‘‘(7) to reduce the environmental impacts within the State under section 5403 of this ‘‘(E) other tools to assist in effective trans- of freight movement. title or section 167 of title 23; portation planning; ‘‘(c) ESTABLISHMENT OF A NATIONAL HIGH- ‘‘(4) a description of how the plan will im- ‘‘(2) identify transportation-related model WAY FREIGHT NETWORK.— prove the ability of the State to meet the na- data elements to support a broad range of ‘‘(1) IN GENERAL.—The Administrator shall tional freight goals established under section evaluation methods and techniques to assist establish a national highway freight network 5402(b) of this title and section 150(b) of title in making transportation investment deci- in accordance with this section to assist 23; sions; and States in strategically directing resources ‘‘(5) a description of how innovative tech- ‘‘(3) at a minimum, in consultation with toward improved system performance for ef- nologies and operational strategies, includ- other relevant Federal agencies, consider ficient movement of freight on highways. ing freight intelligent transportation sys- any improvements to existing freight flow ‘‘(2) NETWORK COMPONENTS.—The national tems, that improve the safety and efficiency data collection efforts that could reduce highway freight network shall consist of— of freight movement, were considered; identified freight data gaps and deficiencies ‘‘(A) the primary highway freight system, ‘‘(6) in the case of roadways on which trav- and help improve forecasts of freight trans- as designated under subsection (d); el by heavy vehicles (including mining, agri- portation demand. ‘‘(B) critical rural freight corridors estab- cultural, energy cargo or equipment, and ‘‘(b) CONSULTATION.—The Secretary shall lished under subsection (e); timber vehicles) is projected to substantially consult with Federal, State, and other stake- ‘‘(C) critical urban freight corridors estab- deteriorate the condition of roadways, a de- holders to develop, improve, and implement lished under subsection (f); and scription of improvements that may be re- the tools and collect the data described in ‘‘(D) the portions of the Interstate System quired to reduce or impede the deterioration; subsection (a).’’. not designated as part of the primary high- ‘‘(7) an inventory of facilities with freight SEC. 42005. SAVINGS PROVISION. way freight system, including designated fu- mobility issues, such as bottlenecks, within Chapter 54 of subtitle III of title 49, United ture Interstate System routes as of the date the State, and where the facilities are State States Code (as amended by section 42004), is of enactment of the DRIVE Act. owned or operated, a description of the strat- amended by adding at the end the following: ‘‘(d) DESIGNATION AND REDESIGNATION OF egies the State is employing to address those ‘‘§ 5408. Savings provision freight mobility issues; THE PRIMARY HIGHWAY FREIGHT SYSTEM.— ‘‘Nothing in this chapter provides addi- ‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGH- ‘‘(8) consideration of any significant con- tional authority to regulate or direct private gestion or delay caused by freight move- WAY FREIGHT SYSTEM.—The initial designa- activity on freight networks designated by tion of the primary highway freight system ments and any strategies to mitigate that this chapter.’’. congestion or delay; and shall be— TITLE XLIII—FORMULA FREIGHT ‘‘(9) a freight investment plan that, subject ‘‘(A) the network designated by the Sec- PROGRAM to subsection (c)(2), includes a list of priority retary under section 167(d) of title 23, United projects and describes how funds made avail- SEC. 43001. NATIONAL HIGHWAY FREIGHT PRO- States Code, as in effect on the day before able to carry out section 167 of title 23 would GRAM. the date of enactment of the DRIVE Act; and be invested and matched. (a) IN GENERAL.—Section 167 of title 23, ‘‘(B) all National Highway System freight ‘‘(c) RELATIONSHIP TO LONG-RANGE PLAN.— United States Code, is amended to read as intermodal connectors. ‘‘(1) INCORPORATION.—A State freight plan follows: ‘‘(2) REDESIGNATION OF PRIMARY HIGHWAY described in subsection (a) may be developed ‘‘§ 167. National highway freight program FREIGHT SYSTEM.— separately from or incorporated into the ‘‘(a) ESTABLISHMENT.— ‘‘(A) IN GENERAL.—Beginning on the date statewide strategic long-range transpor- ‘‘(1) IN GENERAL.—It is the policy of the that is 1 year after the date of enactment of tation plan required by section 135 of title 23. United States to improve the condition and the DRIVE Act and every 5 years thereafter, ‘‘(2) FISCAL CONSTRAINT.—The freight in- performance of the national highway freight using the designation factors described in vestment plan component of a freight plan network to ensure that the national freight subparagraph (E), the Administrator shall shall include a project, or an identified phase network provides the foundation for the redesignate the primary highway freight sys- of a project, only if funding for completion of United States to compete in the global econ- tem (including any additional mileage added the project can reasonably be anticipated to omy and achieve each goal described in sub- to the primary highway freight system under be available for the project within the time section (b). this paragraph as of the date on which the period identified in the freight investment ‘‘(2) ESTABLISHMENT.—In support of the redesignation process is effective). plan. goals described in subsection (b), the Federal ‘‘(B) MILEAGE.— ‘‘(d) PLANNING PERIOD.—The freight plan Highway Administrator (referred to in this ‘‘(i) FIRST REDESIGNATION.—In redesig- shall address a 5-year forecast period. section as the ‘Administrator’) shall estab- nating the primary highway freight system ‘‘(e) UPDATES.— lish a national highway freight program in on the date that is 1 year after the date of ‘‘(1) IN GENERAL.—A State shall update the accordance with this section to improve the enactment of the DRIVE Act, the Adminis- freight plan not less frequently than once efficient movement of freight on the na- trator shall limit the system to 30,000 center- every 5 years. tional highway freight network. line miles, without regard to the ‘‘(2) FREIGHT INVESTMENT PLAN.—A State ‘‘(b) GOALS.—The goals of the national connectivity of the primary highway freight may update the freight investment plan highway freight program are— system. more frequently than is required under para- ‘‘(1) to invest in infrastructure improve- ‘‘(ii) SUBSEQUENT REDESIGNATIONS.—Each graph (1).’’. ments and to implement operational im- redesignation after the redesignation de- SEC. 42004. FREIGHT DATA AND TOOLS. provements on the highways of the United scribed in clause (i), the Administrator may Chapter 54 of subtitle III of title 49, United States that— increase the primary highway freight system States Code (as amended by section 42003), is ‘‘(A) strengthen the contribution of the na- by up to 5 percent of the total mileage of the amended by adding at the end the following: tional highway freight network to the eco- system, without regard to the connectivity ‘‘§ 5407. Transportation investment data and nomic competitiveness of the United States; of the primary highway freight system. planning tools ‘‘(B) reduce congestion and relieve bottle- ‘‘(C) CONSIDERATIONS.— ‘‘(a) IN GENERAL.—Not later than 1 year necks in the freight transportation system; ‘‘(i) IN GENERAL.—In redesignating the pri- after the date of enactment of the DRIVE ‘‘(C) reduce the cost of freight transpor- mary highway freight system, to the max- Act, the Secretary shall— tation; imum extent practicable, the Administrator ‘‘(1) begin development of new tools and ‘‘(D) improve the reliability of freight shall use measurable data to assess the sig- improvement of existing tools to support an transportation; and nificance of goods movement, including con- outcome-oriented, performance-based ap- ‘‘(E) increase productivity, particularly for sideration of points of origin, destination, proach to evaluate proposed freight-related domestic industries and businesses that cre- and linking components of the United States and other transportation projects, includ- ate high-value jobs; global and domestic supply chains. ing— ‘‘(2) to improve the safety, security, effi- ‘‘(ii) INTERMODAL CONNECTORS.—In redesig- ‘‘(A) methodologies for systematic analysis ciency, and resiliency of freight transpor- nating the primary highway freight system, of benefits and costs on a national or re- tation in rural and urban areas; the Administrator shall include all National gional basis; ‘‘(3) to improve the state of good repair of Highway System freight intermodal connec- ‘‘(B) tools for ensuring that the evaluation the national highway freight network; tors. of freight-related and other transportation ‘‘(4) to use advanced technology to improve ‘‘(D) INPUT.—In addition to the process pro- projects could consider safety, economic the safety and efficiency of the national vided to State freight advisory committees competitiveness, urban and rural access, en- highway freight network; under paragraph (3), in redesignating the pri- vironmental sustainability, and system con- ‘‘(5) to incorporate concepts of perform- mary highway freight system, the Adminis- dition in the project selection process; ance, innovation, competition, and account- trator shall provide an opportunity for State ‘‘(C) improved methods for data collection ability into the operation and maintenance freight advisory committees to submit addi- and trend analysis; of the national highway freight network; tional miles for consideration.

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‘‘(E) FACTORS FOR REDESIGNATION.—In re- ‘‘(3) connects the primary highway freight ‘‘(2) FORMULA.—The Administrator shall designating the primary highway freight sys- system, a roadway described in paragraph (1) calculate for each State the proportion tem, the Administrator shall consider— or (2), or the Interstate System to facilities that— ‘‘(i) the origins and destinations of freight that handle more than— ‘‘(A) the total mileage in the State des- movement in, to, and from the United ‘‘(A) 50,000 20-foot equivalent units per ignated as part of the primary highway States; year; or freight system; bears to ‘‘(ii) land and water ports of entry; ‘‘(B) 500,000 tons per year of bulk commod- ‘‘(B) the total mileage of the primary high- ‘‘(iii) access to energy exploration, devel- ities; way freight system in all States. opment, installation, or production areas; ‘‘(4) provides access to— ‘‘(3) USE OF FUNDS.— ‘‘(iv) proximity of access to other freight ‘‘(A) a grain elevator; ‘‘(A) STATES WITH HIGH PRIMARY HIGHWAY intermodal facilities, including rail, air, ‘‘(B) an agricultural facility; FREIGHT SYSTEM MILEAGE.—If the proportion water, and pipelines; ‘‘(C) a mining facility; of a State under paragraph (2) is greater ‘‘(v) the total freight tonnage and value ‘‘(D) a forestry facility; or than or equal to 3 percent, the State may ob- moved via highways; ‘‘(E) an intermodal facility; ligate funds apportioned to the State under ‘‘(vi) significant freight bottlenecks, as ‘‘(5) connects to an international port of section 104(b)(5) for projects on— identified by the Administrator; entry; ‘‘(i) the primary highway freight system; ‘‘(vii) the annual average daily truck traf- ‘‘(6) provides access to significant air, rail, ‘‘(ii) critical rural freight corridors; and fic on principal arterials; and water, or other freight facilities in the State; ‘‘(iii) critical urban freight corridors. ‘‘(viii) the significance of goods movement or ‘‘(B) STATES WITH LOW PRIMARY HIGHWAY on principal arterials, including consider- ‘‘(7) is, in the determination of the State, FREIGHT SYSTEM MILEAGE.—If the proportion ation of global and domestic supply chains. vital to improving the efficient movement of of a State under paragraph (2) is less than 3 ‘‘(3) STATE FLEXIBILITY FOR ADDITIONAL freight of importance to the economy of the percent, the State may obligate funds appor- MILES ON PRIMARY HIGHWAY FREIGHT SYS- State. tioned to the State under section 104(b)(5) for TEM.— ‘‘(f) CRITICAL URBAN FREIGHT CORRIDORS.— projects on any component of the national ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(1) URBANIZED AREA WITH POPULATION OF highway freight network. after each redesignation conducted by the 500,000 OR MORE.—In an urbanized area with a ‘‘(4) FREIGHT PLANNING.—Notwithstanding Administrator under paragraph (2), each population of 500,000 or more individuals, the any other provision of law, effective begin- State, under the advisement of the State representative metropolitan planning orga- ning 2 years after the date of enactment of freight advisory committee, as developed nization, in consultation with the State, the DRIVE Act, a State may not obligate and carried out in accordance with sub- may designate a public road within the bor- funds apportioned to the State under section section (l), may increase the number of miles ders of that area of the State as a critical 104(b)(5) unless the State has— designated as part of the primary highway urban freight corridor. ‘‘(A) established a freight advisory com- freight system in that State by not more ‘‘(2) URBANIZED AREA WITH A POPULATION mittee in accordance with section 5405 of than 10 percent of the miles designated in LESS THAN 500,000.—In an urbanized area with title 49; and that State under this subsection if the addi- a population of less than 500,000 individuals, ‘‘(B) developed a freight plan in accordance tional miles— the State, in consultation with the rep- with section 5406 of title 49, except that the ‘‘(i) close gaps between primary highway resentative metropolitan planning organiza- multimodal component of the plan may be freight system segments; tion, may designate a public road within the incomplete before an obligation may be ‘‘(ii) establish connections of the primary borders of that area of the State as a critical made under this section. highway freight system critical to the effi- urban freight corridor. ‘‘(5) ELIGIBILITY.— cient movement of goods, including ports, ‘‘(3) REQUIREMENTS FOR DESIGNATION.—A ‘‘(A) IN GENERAL.—Except as provided in international border crossings, airports, designation may be made under paragraphs this subsection, for a project to be eligible intermodal facilities, logistics centers, ware- (1) or (2) if the public road— for funding under this section the project houses, and agricultural facilities; or ‘‘(A) is in an urbanized area, regardless of shall— ‘‘(iii) designate critical emerging freight population; and ‘‘(i) contribute to the efficient movement routes. ‘‘(B)(i) connects an intermodal facility to— of freight on the national highway freight ‘‘(B) CONSIDERATIONS.—Each State, under ‘‘(I) the primary highway freight network; network; and the advisement of the State freight advisory ‘‘(II) the Interstate System; or ‘‘(ii) be consistent with a freight invest- committee that increases the number of ‘‘(III) an intermodal freight facility; ment plan included in a freight plan of the miles on the primary highway freight system ‘‘(ii) is located within a corridor of a route State that is in effect. under subparagraph (A) shall— on the primary highway freight network and ‘‘(B) OTHER PROJECTS.—A State may obli- ‘‘(i) consider nominations for the addi- provides an alternative highway option im- gate not more than 10 percent of the total tional miles from metropolitan planning or- portant to goods movement; apportionment of the State under section ganizations within the State; ‘‘(iii) serves a major freight generator, lo- 104(b)(5) for projects— ‘‘(ii) ensure that the additional miles are gistic center, or manufacturing and ware- ‘‘(i) within the boundaries of public and consistent with the freight plan of the State; house industrial land; or private freight rail, water facilities (includ- and ‘‘(iv) is important to the movement of ing ports), and intermodal facilities; and ‘‘(iii) review the primary highway freight freight within the region, as determined by ‘‘(ii) that provide surface transportation system of the State designated under para- the metropolitan planning organization or infrastructure necessary to facilitate direct graph (1) and redesignate miles in a manner the State. intermodal interchange, transfer, and access that is consistent with paragraph (2). into and out of the facility. ‘‘(g) DESIGNATION AND CERTIFICATION.— ‘‘(C) SUBMISSION.—Each State, under the ‘‘(C) ELIGIBLE PROJECTS.—Funds appor- ‘‘(1) DESIGNATION.—States and metropoli- advisement of the State freight advisory tioned to the State under section 104(b)(5) for committee shall— tan planning organizations may designate corridors under subsections (e) and (f) and the national highway freight program may ‘‘(i) submit to the Administrator a list of be obligated to carry out 1 or more of the fol- the additional miles added under this sub- submit the designated corridors to the Ad- ministrator on a rolling basis. lowing: section; and ‘‘(i) Development phase activities, includ- ‘‘(ii) certify that— ‘‘(2) CERTIFICATION.—Each State or metro- politan planning organization that des- ing planning, feasibility analysis, revenue ‘‘(I) the additional miles meet the require- forecasting, environmental review, prelimi- ments of subparagraph (A); and ignates a corridor under subsection (e) or (f) shall certify to the Administrator that the nary engineering and design work, and other ‘‘(II) the State, under the advisement of preconstruction activities. the State freight advisory committee, has designated corridor meets the requirements of the applicable subsection. ‘‘(ii) Construction, reconstruction, reha- satisfied the requirements of subparagraph bilitation, acquisition of real property (in- (B). ‘‘(h) HIGHWAY FREIGHT TRANSPORTATION cluding land relating to the project and im- ‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.— CONDITIONS AND PERFORMANCE REPORTS.— provements to land), construction contin- A State may designate a public road within Not later than 2 years after the date of en- gencies, acquisition of equipment, and oper- the borders of the State as a critical rural actment of the DRIVE Act and biennially ational improvements directly relating to freight corridor if the public road— thereafter, the Administrator shall prepare improving system performance. ‘‘(1) is a rural principal arterial roadway and submit to Congress a report that de- ‘‘(iii) Intelligent transportation systems and has a minimum of 25 percent of the an- scribes the conditions and performance of and other technology to improve the flow of nual average daily traffic of the road meas- the national highway freight network in the freight, including intelligent freight trans- ured in passenger vehicle equivalent units United States. portation systems. from trucks (Federal Highway Administra- ‘‘(i) USE OF APPORTIONED FUNDS.— ‘‘(iv) Efforts to reduce the environmental tion vehicle class 8 to 13); ‘‘(1) IN GENERAL.—A State shall obligate impacts of freight movement. ‘‘(2) provides access to energy exploration, funds apportioned to the State under section ‘‘(v) Environmental and community miti- development, installation, or production 104(b)(5) to improve the movement of freight gation of freight movement. areas; on the national highway freight network. ‘‘(vi) Railway-highway grade separation.

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‘‘(vii) Geometric improvements to inter- ‘‘(k) STUDY OF MULTIMODAL PROJECTS.— (D) improvement of the efficiency, reli- changes and ramps. Not later than 2 years after the date of en- ability, and affordability of the movement of ‘‘(viii) Truck-only lanes. actment of the DRIVE Act, the Adminis- freight; ‘‘(ix) Climbing and runaway truck lanes. trator shall submit to Congress a report that (E) improvement of transportation safety; ‘‘(x) Adding or widening of shoulders. contains— (F) improvement of existing and des- ‘‘(xi) Truck parking facilities eligible for ‘‘(1) a study of freight projects identified in ignated future Interstate System routes; or funding under section 1401 of MAP–21 (23 State freight plans under section 5406 of title (G) improvement of the movement of peo- U.S.C. 137 note; Public Law 112–141). 49; and ple through improving rural connectivity ‘‘(xii) Real-time traffic, truck parking, ‘‘(2) an evaluation of multimodal freight and metropolitan accessibility. roadway condition, and multimodal trans- projects included in the State freight plans, (b) DEFINITIONS.—In this section and for portation information systems. or otherwise identified by States, that are purposes of the grant programs established ‘‘(xiii) Electronic screening and subject to the limitation of funding for such under the amendments made by section credentialing systems for vehicles, including projects under this section. 44002: weigh-in-motion truck inspection tech- ‘‘(l) STATE FREIGHT ADVISORY COMMIT- (1) ELIGIBLE APPLICANT.—The term ‘‘eligi- nologies. TEES.—A State freight advisory committee ble applicant’’ means— ‘‘(xiv) Traffic signal optimization, includ- shall be carried out as described in section (A) a State (or a group of States); ing synchronized and adaptive signals. 5405 of title 49. (B) a local government (or a group of local ‘‘(xv) Work zone management and informa- ‘‘(m) STATE FREIGHT PLANS.—A State governments); tion systems. freight plan shall be carried out as described (C) a tribal government (or a consortium of ‘‘(xvi) Highway ramp metering. in section 5406 of title 49. tribal governments); ‘‘(xvii) Electronic cargo and border secu- ‘‘(n) INTELLIGENT FREIGHT TRANSPORTATION (D) a transit agency (or a group of transit rity technologies that improve truck freight SYSTEM.— agencies); movement. ‘‘(1) DEFINITION OF INTELLIGENT FREIGHT (E) a special purpose district or a public ‘‘(xviii) Intelligent transportation systems TRANSPORTATION SYSTEM.—In this section, authority with a transportation function; that would increase truck freight efficiencies the term ‘intelligent freight transportation (F) a port authority (or a group of port au- inside the boundaries of intermodal facili- system’ means— thorities); ties. ‘‘(A) an innovative or intelligent techno- (G) a political subdivision of a State or ‘‘(xix) Additional road capacity to address logical transportation system, infrastruc- local government; highway freight bottlenecks. ture, or facilities, including electronic roads, (H) a Federal land management agency, ‘‘(xx) A highway project, other than a driverless trucks, elevated freight transpor- jointly with the applicable State; or project described in clauses (i) through (xix), tation facilities, and other intelligent (I) a multistate or multijurisdictional to improve the flow of freight on the na- freight transportation systems; and group of entities described in subparagraphs tional highway freight network. ‘‘(B) a communications or information (A) through (H). ‘‘(xxi) Any other surface transportation processing system used singly or in combina- (2) RURAL AREA.—The term ‘‘rural area’’ project to improve the flow of freight into tion for dedicated intelligent freight lanes means an area that is outside of an urban- and out of a facility described in subpara- and conveyances that improve the efficiency, ized area with a population greater than graph (B). security, or safety of freight on the Federal- 150,000 individuals, as determined by the Bu- ‘‘(6) OTHER ELIGIBLE COSTS.—In addition to aid highway system or that operate to con- reau of the Census. the eligible projects identified in paragraph vey freight or improve existing freight move- (3) RURAL STATE.—The term ‘‘rural State’’ (5), a State may use funds apportioned under ments. means a State that has a population density section 104(b)(5) for— ‘‘(2) LOCATION.—An intelligent freight of 80 or fewer persons per square mile, based ‘‘(A) carrying out diesel retrofit or alter- transportation system shall be located— on the most recent decennial census. native fuel projects under section 149 for ‘‘(A)(i) along existing Federal-aid high- (c) APPLICATIONS.— class 8 vehicles; and ways; or (1) IN GENERAL.—An eligible applicant shall ‘‘(B) the necessary costs of— ‘‘(ii) in a manner that connects ports-of- submit to the Secretary or the Federal High- ‘‘(i) conducting analyses and data collec- entry to existing Federal-aid highways; and way Administrator (referred to in this sec- tion related to the national highway freight ‘‘(B) in proximity to, or within, an existing tion as the ‘‘Administrator’’), as appropriate, program; right-of-way on a Federal-aid highway. an application in such form and containing such information as the Secretary or Admin- ‘‘(ii) developing and updating performance ‘‘(3) OPERATING STANDARDS.—The Adminis- targets to carry out this section; and trator of the Federal Highway Administra- istrator, as appropriate, determines nec- ‘‘(iii) reporting to the Administrator to tion shall determine the need for estab- essary, including the total amount of the comply with section 150. lishing operating standards for intelligent grant requested. ‘‘(7) APPLICABILITY OF PLANNING REQUIRE- freight transportation systems. (2) CONTENTS.—Each application submitted under this paragraph shall include data on MENTS.—Programming and expenditure of ‘‘(o) TREATMENT OF FREIGHT PROJECTS.— funds for projects under this section shall be Notwithstanding any other provision of law, the most recent system performance, to the consistent with the requirements of sections a freight project carried out under this sec- extent practicable, and estimated system 134 and 135. tion shall be treated as if the project were on improvements that will result from comple- tion of the eligible project, including projec- ‘‘(j) STATE PERFORMANCE TARGETS.—If the a Federal-aid highway.’’. tions for improvements 5 and 10 years after Administrator determines that a State has (b) CONFORMING AMENDMENTS.— completion of the project. not met or made significant progress toward (1) The analysis for chapter 1 of title 23, (3) RESUBMISSION OF APPLICATIONS.—An eli- meeting the performance targets related to United States Code, is amended by adding at gible applicant whose project is not selected freight movement of the State established the end the following: may resubmit an application in a subsequent under section 150(d) by the date that is 2 ‘‘167. National highway freight program.’’ solicitation with an addendum indicating years after the date of the establishment of (2) Sections 1116, 1117, and 1118 of MAP–21 changes to the project application. the performance targets, until the date on (23 U.S.C. 167 note; Public Law 112–141) are (d) ACCOUNTABILITY MEASURES.—The Sec- which the Administrator determines that repealed. retary and the Administrator shall establish the State has met or has made significant TITLE XLIV—GRANTS accountability measures for the manage- progress towards meeting the performance ment of the grants described in this sec- targets, the State shall submit to the Ad- SEC. 44001. PURPOSE; DEFINITIONS; ADMINIS- tion— ministrator, on a biennial basis, a freight TRATION. (1) to establish clear procedures for ad- performance improvement plan that in- (a) IN GENERAL.—The purpose of the grants dressing late-arriving applications; cludes— described in the amendments made by sec- (2) to publicly communicate decisions to ‘‘(1) an identification of significant freight tion 44002 is to assist in funding critical accept or reject applications; and system trends, needs, and issues within the high-cost transportation infrastructure (3) to document major decisions in the ap- State; projects that— plication evaluation and project selection ‘‘(2) a description of the freight policies (1) are difficult to complete with existing process through a decision memorandum or and strategies that will guide the freight-re- Federal, State, local, and private funds; and similar mechanism that provides a clear ra- lated transportation investments of the (2) will achieve 1 or more of— tionale for decisions. State; (A) generation of national or regional eco- (e) GEOGRAPHIC DISTRIBUTION.—In awarding ‘‘(3) an inventory of freight bottlenecks nomic benefits and an increase in the global grants, the Secretary or Administrator, as within the State and a description of the economic competitiveness of the United appropriate, shall take measures to ensure, ways in which the State is allocating the na- States; to the maximum extent practicable— tional highway freight program funds to im- (B) reduction of congestion and the im- (1) an equitable geographic distribution of prove those bottlenecks; and pacts of congestion; amounts; and ‘‘(4) a description of the actions the State (C) improvement of facilities vital to agri- (2) an appropriate balance in addressing will undertake to meet the performance tar- culture, manufacturing, or national energy the needs of rural and urban communities. gets of the State. security; (f) REPORTS.—

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(1) IN GENERAL.—The Secretary or the Ad- forecasting, environmental review, prelimi- ‘‘(H) helps to improve mobility and acces- ministrator, as appropriate, shall make nary engineering and design work, and other sibility; and available on the website of the Department preconstruction activities; and ‘‘(I) address the impact of population at the end of each fiscal year an annual re- ‘‘(ii) construction, reconstruction, reha- growth on the movement of people and port that lists each project for which a grant bilitation, and acquisition of real property freight. has been provided under this section during (including land related to the project and ‘‘(f) GEOGRAPHIC DISTRIBUTION.—In award- that fiscal year. improvements to land), environmental miti- ing grants under this section, the Adminis- (2) COMPTROLLER GENERAL.— gation, construction contingencies, acquisi- trator shall take measures as described in (A) ASSESSMENT.—The Comptroller Gen- tion of equipment directly related to improv- section 44001 of the DRIVE Act. eral of the United States shall conduct an as- ing system performance, and operational im- ‘‘(g) FUNDING REQUIREMENTS.— sessment of the administrative establish- provements. ‘‘(1) IN GENERAL.—Except in the case of ment, solicitation, selection, and justifica- ‘‘(c) ESTABLISHMENT OF PROGRAM.—The Ad- projects described in paragraph (2), the tion process with respect to the funding of ministrator shall establish a program in ac- amount of a grant under this section shall be grants described in this title. cordance with this section to provide grants at least $50,000,000. (B) REPORT.—Not later than 1 year after for projects that will have a significant im- ‘‘(2) RURAL PROJECTS.—The amounts made the initial awarding of grants described in pact on a region or the Nation. available for a fiscal year under this section for eligible projects located in rural areas or this section, the Comptroller General of the ‘‘(d) SOLICITATIONS AND APPLICATIONS.— in rural States shall not be— United States shall submit to the Committee ‘‘(1) GRANT SOLICITATIONS.—The Adminis- ‘‘(A) less than 20 percent of the amount on Environment and Public Works of the trator shall conduct a transparent and com- made available for the fiscal year under this Senate, the Committee on Commerce, petitive national solicitation process to re- section; and Science, and Transportation of the Senate, view eligible projects for funding under this ‘‘(B) subject to paragraph (1). and the Committee on Transportation and section. ‘‘(3) LIMITATION OF FUNDS.—Not more than Infrastructure of the House of Representa- ‘‘(2) APPLICATIONS.—An eligible applicant 20 percent of the funds made available for a tives a report that describes— shall submit an application to the Adminis- fiscal year to carry out this section shall be (i) the adequacy and fairness of the process trator in such form as described in and in ac- allocated for projects eligible under section by which each project was selected, if appli- cordance with section 44001 of the DRIVE 167(i)(5)(B) or chapter 53 of title 49. cable; Act. ‘‘(4) STATE CAP.— (ii) the justification and criteria used for ‘‘(e) CRITERIA FOR PROJECT EVALUATION ‘‘(A) IN GENERAL.—Not more than 20 per- the selection of each project, if applicable. AND SELECTION.— cent of the funds made available for a fiscal SEC. 44002. GRANTS. ‘‘(1) IN GENERAL.—The Administrator may year to carry out this section may be award- (a) IN GENERAL.—Chapter 1 of title 23, select a project for funding under this sec- ed to projects in a single State. United States Code, is amended by adding at tion only if the Administrator determines ‘‘(B) EXCEPTION FOR MULTISTATE the end the following: that the project— PROJECTS.—For purposes of the limitation ‘‘§ 171. Assistance for major projects program ‘‘(A) is consistent with the national goals described in subparagraph (A), funds awarded described in section 150(b); ‘‘(a) PURPOSE OF PROGRAM.—The purpose of for a multistate project shall be considered ‘‘(B) will significantly improve the per- the assistance for major projects program to be distributed evenly to each State. shall be the purpose described in section formance of the national surface transpor- ‘‘(5) TIFIA PROGRAM.—On the request of an tation network, nationally or regionally; 44001 of the DRIVE Act. eligible applicant under this section, the Ad- ‘‘(b) DEFINITIONS.—In this section— ‘‘(C) is based on the results of preliminary ministrator may use amounts awarded to the ‘‘(1) the terms defined in section 44001 of engineering; entity to pay subsidy and administrative the DRIVE Act shall apply; and ‘‘(D) is consistent with the long-range costs necessary to provide the entity Federal ‘‘(2) the following definitions shall apply: statewide transportation plan; credit assistance under chapter 6 with re- ‘‘(A) ADMINISTRATOR.—The term ‘Adminis- ‘‘(E) cannot be readily and efficiently com- spect to the project for which the grant was trator’ means the Administrator of the Fed- pleted without Federal financial assistance; awarded. eral Highway Administration. ‘‘(F) is justified based on the ability of the ‘‘(h) GRANT REQUIREMENTS.— ‘‘(B) ELIGIBLE PROJECT.— project to achieve 1 or more of— ‘‘(1) APPLICABILITY OF PLANNING REQUIRE- ‘‘(i) IN GENERAL.—The term ‘eligible ‘‘(i) generation of national economic bene- MENTS.—The programming and expenditure project’ means a surface transportation fits that reasonably exceed the costs of the of funds for projects under this section shall project, or a program of integrated surface project; be consistent with the requirements of sec- transportation projects closely related in the ‘‘(ii) reduction of long-term congestion, in- tions 134 and 135. function the projects perform, that— cluding impacts on a national, regional, and ‘‘(2) DETERMINATION OF APPLICABLE MODAL ‘‘(I) is a capital project that is eligible for statewide basis; REQUIREMENTS.—If an eligible project that Federal financial assistance under— ‘‘(iii) an increase in the speed, reliability, receives a grant under this section has a ‘‘(aa) this title; or and accessibility of the movement of people crossmodal component, the Administrator— ‘‘(bb) chapter 53 of title 49; and or freight; or ‘‘(A) shall determine the predominant ‘‘(II) except as provided in clause (ii), has ‘‘(iv) improvement of transportation safe- modal component of the project; and eligible project costs that are reasonably an- ty, including reducing transportation acci- ‘‘(B) may apply the applicable require- ticipated to equal or exceed the lesser of— dent and serious injuries and fatalities; and ments of that predominant modal component ‘‘(aa) $350,000,000; and ‘‘(G) is supported by a sufficient amount of to the project. ‘‘(bb)(AA) for a project located in a single non-Federal funding, including evidence of ‘‘(i) REPORT TO THE ADMINISTRATOR.—For State, 25 percent of the amount of Federal- stable and dependable financing to con- each project funded under this section, the aid highway funds apportioned to the State struct, maintain, and operate the infrastruc- project sponsor shall evaluate system per- for the most recently completed fiscal year; ture facility. formance and submit to the Administrator a ‘‘(BB) for a project located in a single rural ‘‘(2) ADDITIONAL CONSIDERATIONS.—In eval- report not later than 5, 10, and 20 years after State with a population density of 80 or uating a project under this section, in addi- completion of the project to assess whether fewer persons per square mile based on the tion to the criteria described in paragraph the project outcomes have met most recent decennial census, 10 percent of (1), the Administrator shall consider the ex- preconstruction projections. the amount of Federal-aid highway funds ap- tent to which the project— ‘‘(j) ADMINISTRATIVE SELECTION.—The Ad- portioned to the State for the most recently ‘‘(A) leverages Federal investment by en- ministrator shall award grants to eligible completed fiscal year; or couraging non-Federal contributions to the projects in a fiscal year based on the criteria ‘‘(CC) for a project located in more than 1 project, including contributions from public- described in subsection (e). State, 75 percent of the amount of Federal- private partnerships; ‘‘(k) REPORTS.— aid highway funds apportioned to the par- ‘‘(B) is able to begin construction by the ‘‘(1) IN GENERAL.—The Administrator shall ticipating State that has the largest appor- date that is not later than 18 months after provide an annual report as described in sec- tionment for the most recently completed the date on which the project is selected; tion 44001 of the DRIVE Act. fiscal year. ‘‘(C) incorporates innovative project deliv- ‘‘(2) COMPTROLLER GENERAL.—The Comp- ‘‘(ii) FEDERAL LAND TRANSPORTATION FACIL- ery and financing to the maximum extent troller General of the United States shall ITY.—In the case of a Federal land transpor- practicable; conduct an assessment as described in sec- tation facility, the term ‘eligible project’ ‘‘(D) helps maintain or protect the environ- tion 44001 of the DRIVE Act.’’. means a Federal land transportation facility ment; (b) ASSISTANCE FOR FREIGHT PROJECTS.— that has eligible project costs that are rea- ‘‘(E) improves roadways vital to national Chapter 54 of subtitle III of title 49, United sonably anticipated to equal or exceed energy security; States Code, as amended by section 42005, is $150,000,000. ‘‘(F) improves or upgrades designated fu- amended by adding after section 5408 the fol- ‘‘(C) ELIGIBLE PROJECT COSTS.—The term ture Interstate System routes; lowing: ‘eligible project costs’ means the costs of— ‘‘(G) uses innovative technologies, includ- ‘‘§ 5409. Assistance for freight projects ‘‘(i) development phase activities, includ- ing intelligent transportation systems, that ‘‘(a) ESTABLISHMENT.—The Secretary shall ing planning, feasibility analysis, revenue enhance the efficiency of the project; establish and implement an assistance for

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S6024 CONGRESSIONAL RECORD — SENATE July 27, 2015 freight projects grant program for capital in- ‘‘(v) Improve the movement of people by Treasury, $200,000,000 for each of fiscal years vestments in major freight transportation improving rural and metropolitan freight 2016 through 2021 to carry out this section. infrastructure projects to improve the move- routes. ‘‘(2) ADMINISTRATIVE AND OVERSIGHT ment of goods through the transportation ‘‘(2) EXAMPLES.—Eligible projects for grant COSTS.—The Secretary may retain up to 0.5 network of the United States. funding under this section shall include— percent of the amounts appropriated pursu- ‘‘(b) CRITERIA FOR PROJECT EVALUATION ‘‘(A) a freight intermodal facility, includ- ant to paragraph (1)— AND SELECTION.— ing— ‘‘(A) to administer the assistance for ‘‘(1) IN GENERAL.—The Secretary may se- ‘‘(i) an intermodal facility serving a sea- freight projects grant program; and lect a project for funding under this section port; ‘‘(B) to oversee eligible projects funded only if the Secretary determines that the ‘‘(ii) an intermodal or cargo access facility under this section. project— serving an airport; ‘‘(3) ADMINISTRATION OF FUNDS.—Amounts ‘‘(A) is consistent with the goals described ‘‘(iii) an intermodal facility serving a port appropriated pursuant to this subsection in section 5402(b); on the inland waterways; shall be available for obligation until ex- ‘‘(B) will significantly improve the na- ‘‘(iv) a bulk intermodal/transload facility; pended. tional or regional performance of the freight or ‘‘(g) CONGRESSIONAL NOTIFICATION.—Not transportation network; ‘‘(v) a highway/rail intermodal facility; later than 72 hours before public notification ‘‘(C) is based on the results of preliminary ‘‘(B) a highway or bridge project eligible of a grant awarded under this section, the engineering; under title 23; Secretary shall notify the Committee on ‘‘(D) is consistent with the long-range ‘‘(C) a public transportation project that Commerce, Science, and Transportation of statewide transportation plan; reduces congestion on freight corridors and the Senate, the Committee on Environment ‘‘(E) cannot be readily and efficiently com- is eligible under chapter 53; and Public Works of the Senate, the Com- mittee on Banking, Housing, and Urban Af- pleted without Federal financial assistance; ‘‘(D) a freight rail transportation project fairs of the Senate, the Committee on Appro- ‘‘(F) is justified based on the ability of the (including rail-grade separations); and priations of the Senate, the Committee on project— ‘‘(E) a port infrastructure investment (in- Transportation and Infrastructure of the ‘‘(i) to generate national economic benefits cluding inland port infrastructure). ‘‘(d) REQUIREMENTS.— House of Representatives, and the Com- that reasonably exceed the costs of the ‘‘(1) CONSIDERATIONS.—In selecting projects mittee on Appropriations of the House of project; to receive grant funding under this section, Representatives of such award. ‘‘(ii) to reduce long-term congestion, in- the Secretary shall— ‘‘(h) ACCOUNTABILITY MEASURES.—The Sec- cluding impacts on a regional and statewide ‘‘(A) consider— retary shall provide to Congress documenta- basis; or ‘‘(i) projected freight volumes; and tion of major decisions in the application ‘‘(iii) to increase the speed, reliability, and ‘‘(ii) how projects will enhance economic evaluation and project selection process, accessibility of the movement of freight; and efficiency, productivity, and competitive- which shall include a clear rationale for de- ‘‘(G) is supported by a sufficient amount of ness; cisions— non-Federal funding, including evidence of ‘‘(iii) population growth and the impact on ‘‘(1) to advance for senior review applica- stable and dependable financing to con- freight demand; and tions other than those rated as highly rec- struct, maintain, and operate the infrastruc- ‘‘(B) give priority to projects dedicated ommended; ture facility. to— ‘‘(2) to not advance applications rated as ‘‘(2) ADDITIONAL CONSIDERATIONS.—In eval- ‘‘(i) improving freight infrastructure facili- highly recommended; and uating a project under this section, in addi- ties; ‘‘(3) to change the technical evaluation tion to the criteria described in paragraph ‘‘(ii) reducing travel time for freight rating of an application.’’. (1), the Secretary shall consider the extent projects; (c) CONFORMING AMENDMENT.—The analysis to which the project— ‘‘(iii) reducing freight transportation costs; for chapter 1 of title 23, United States Code, ‘‘(A) leverages Federal investment by en- and is amended by adding at the end the fol- couraging non-Federal contributions to the ‘‘(iv) reducing congestion caused by rapid lowing: project, including contributions from public- population growth on freight corridors. ‘‘171. Assistance for major projects pro- private partnerships; ‘‘(2) MULTIMODAL DISTRIBUTION OF FUNDS.— gram.’’. ‘‘(B) is able to begin construction by the In distributing funding for grants under this DIVISION E—FINANCE date that is not later than 1 year after the section, the Secretary shall take such meas- SEC. 50001. SHORT TITLE. date on which the project is selected; ures as the Secretary determines necessary This division may be cited as the ‘‘Trans- ‘‘(C) incorporates innovative project deliv- to ensure the investment in a variety of portation Funding Act of 2015’’. ery and financing to the maximum extent transportation modes. practicable; TITLE LI—HIGHWAY TRUST FUND AND ‘‘(3) AMOUNT.— ‘‘(D) improves freight facilities vital to ag- RELATED TAXES ‘‘(A) IN GENERAL.—Except as provided in ricultural or national energy security; Subtitle A—Extension of Trust Fund subparagraph (B)(i), a grant under this sec- Expenditure Authority and Related Taxes ‘‘(E) improves or upgrades current or des- tion shall be in an amount that is not less ignated future Interstate System routes; than $10,000,000 and not greater than SEC. 51101. EXTENSION OF TRUST FUND EXPEND- ITURE AUTHORITY. ‘‘(F) uses innovative technologies, includ- $100,000,000. ing intelligent transportation systems, that (a) HIGHWAY TRUST FUND.—Section 9503 of ‘‘(B) PROJECTS IN RURAL AREAS.—If a grant the Internal Revenue Code of 1986, as amend- enhance the efficiency of the project; awarded under this section is for a project ‘‘(G) helps to improve mobility and acces- ed by division G, is amended— located in a rural area— (1) by striking ‘‘October 1, 2015’’ in sub- sibility; and ‘‘(i) the amount of the grant shall be at ‘‘(H) improves transportation safety, in- sections (b)(6)(B), (c)(1), and (e)(3) and insert- least $1,000,000; and ing ‘‘October 1, 2021’’, and cluding reducing transportation accident and ‘‘(ii) the Secretary may increase the Fed- serious injuries and fatalities. (2) by striking ‘‘Surface Transportation eral share of costs to greater than 80 percent. Extension Act of 2015’’ in subsections (c)(1) ‘‘(c) ELIGIBLE PROJECTS.— ‘‘(4) FEDERAL SHARE.—Except as provided and (e)(3) and inserting ‘‘DRIVE Act’’. ‘‘(1) IN GENERAL.—A project is eligible for a under paragraph (3)(B)(ii), the Federal share (b) SPORT FISH RESTORATION AND BOATING grant under this section if the project— of the costs for a project receiving a grant TRUST FUND.—Section 9504 of the Internal ‘‘(A) is difficult to complete with existing under this section shall be up to 80 percent. Revenue Code of 1986, as amended by division Federal, State, local, and private funds; ‘‘(5) PRIORITY.—The Secretary shall give G is amended— ‘‘(B)(i) enhances the economic competitive- priority to projects that require a contribu- (1) by striking ‘‘Surface Transportation ness of the United States; or tion of Federal funds in order to complete an Extension Act of 2015’’ each place it appears ‘‘(ii) improves the flow of freight or re- overall financing package. in subsection (b)(2) and inserting ‘‘DRIVE duces bottlenecks in the freight infrastruc- ‘‘(6) RURAL AREAS.—Not less than 25 per- Act’’, and ture of the United States; and cent of the funding provided under this sec- (2) by striking ‘‘October 1, 2015’’ in sub- ‘‘(C) will advance 1 or more of the fol- tion shall be used to make grants for section (d)(2) and inserting ‘‘October 1, 2021’’. lowing objectives: projects located in rural areas. (c) LEAKING UNDERGROUND STORAGE TANK ‘‘(i) Generate regional or national eco- ‘‘(7) NEW COMPETITION.—The Secretary TRUST FUND.—Paragraph (2) of section nomic benefits and an increase in the global shall conduct a new competition each fiscal 9508(e) of the Internal Revenue Code of 1986, economic competitiveness of the United year to select the grants and credit assist- as amended by division G, is amended by States. ance awarded under this section. striking ‘‘October 1, 2015’’ and inserting ‘‘Oc- ‘‘(ii) Improve transportation resources ‘‘(e) CONSULTATION.—The Secretary shall tober 1, 2021’’. vital to agriculture or national energy secu- consult with the Secretary of Energy when (d) EFFECTIVE DATE.—The amendments rity. considering projects that facilitate the made by this section shall take effect on Au- ‘‘(iii) Improve the efficiency, reliability, movement of energy resources. gust 1, 2015. and affordability of the movement of freight. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— SEC. 51102. EXTENSION OF HIGHWAY-RELATED ‘‘(iv) Improve existing freight infrastruc- ‘‘(1) IN GENERAL.—There is authorized to be TAXES. ture projects. appropriated from the general fund of the (a) IN GENERAL.—

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S6025 (1) Each of the following provisions of the ‘‘(B) $11,214,000,000 to the Mass Transit Ac- section 6035(a) identifying the value of such Internal Revenue Code of 1986 is amended by count in the Highway Trust Fund. property, such value. striking ‘‘September 30, 2016’’ and inserting ‘‘(8) ADDITIONAL INCREASE IN FUND BAL- ‘‘(2) DETERMINATION.—For purposes of para- ‘‘September 30, 2023’’: ANCE.—There is hereby transferred to the graph (1), the value of property has been fi- (A) Section 4041(a)(1)(C)(iii)(I). Highway Account (as defined in subsection nally determined for purposes of the tax im- (B) Section 4041(m)(1)(B). (e)(5)(B)) in the Highway Trust Fund posed by chapter 11 if— (C) Section 4081(d)(1). amounts appropriated from the Leaking Un- ‘‘(A) the value of such property is shown on (2) Each of the following provisions of such derground Storage Tank Trust Fund under a return under section 6018 and such value is Code is amended by striking ‘‘October 1, section 9508(c)(4).’’. not contested by the Secretary before the ex- 2016’’ and inserting ‘‘October 1, 2023’’: SEC. 51202. TRANSFER TO HIGHWAY TRUST FUND piration of the time for assessing a tax under (A) Section 4041(m)(1)(A). OF CERTAIN MOTOR VEHICLE SAFE- chapter 11, (B) Section 4051(c). TY PENALTIES. ‘‘(B) in a case not described in subpara- (C) Section 4071(d). (a) IN GENERAL.—Paragraph (5) of section graph (A), the value is specified by the Sec- (D) Section 4081(d)(3). 9503(b) of the Internal Revenue Code of 1986 retary and such value is not timely con- (b) EXTENSION OF TAX, ETC., ON USE OF CER- is amended— tested by the executor of the estate, or TAIN HEAVY VEHICLES.—Each of the following (1) by striking ‘‘There are hereby’’ and in- ‘‘(C) the value is determined by a court or provisions of the Internal Revenue Code of serting the following: pursuant to a settlement agreement with the 1986 is amended by striking ‘‘2017’’ each place ‘‘(A) IN GENERAL.—There are hereby’’, and Secretary. it appears and inserting ‘‘2024’’: (2) by adding at the end the following new ‘‘(3) REGULATIONS.—The Secretary may by (1) Section 4481(f). paragraph: regulations provide exceptions to the appli- (2) Subsections (c)(4) and (d) of section 4482. ‘‘(B) PENALTIES RELATED TO MOTOR VEHICLE cation of this subsection.’’. (c) FLOOR STOCKS REFUNDS.—Section SAFETY.— (2) EFFECTIVE DATE.—The amendments 6412(a)(1) of the Internal Revenue Code of ‘‘(i) IN GENERAL.—There are hereby appro- made by this subsection shall apply to prop- 1986 is amended— priated to the Highway Trust Fund amounts erty with respect to which an estate tax re- (1) by striking ‘‘October 1, 2016’’ each place equivalent to covered motor vehicle safety turn is filed after the date of the enactment it appears and inserting ‘‘October 1, 2023’’, penalty collections. of this Act. (2) by striking ‘‘March 31, 2017’’ each place ‘‘(ii) COVERED MOTOR VEHICLE SAFETY PEN- (b) INFORMATION REPORTING.— it appears and inserting ‘‘March 31, 2024’’, ALTY COLLECTIONS.—For purposes of this sub- (1) IN GENERAL.—Subpart A of part III of and paragraph, the term ‘covered motor vehicle subchapter A of chapter 61 of the Internal (3) by striking ‘‘January 1, 2017’’ and in- safety penalty collections’ means any Revenue Code of 1986 is amended by inserting serting ‘‘January 1, 2024’’. amount collected in connection with a civil after section 6034A the following new sec- (d) EXTENSION OF CERTAIN EXEMPTIONS.— penalty under section 30165 of title 49, United tion: (1) Section 4221(a) of the Internal Revenue States Code, reduced by any award author- ‘‘SEC. 6035. BASIS INFORMATION TO PERSONS AC- Code of 1986 is amended by striking ‘‘October ized by the Secretary of Transportation to be QUIRING PROPERTY FROM DECE- 1, 2016’’ and inserting ‘‘October 1, 2023’’. DENT. paid to any person in connection with infor- (2) Section 4483(i) of such Code is amended ‘‘(a) INFORMATION WITH RESPECT TO PROP- mation provided by such person related to a by striking ‘‘October 1, 2017’’ and inserting ERTY ACQUIRED FROM DECEDENTS.— violation of chapter 301 of such title which is ‘‘October 1, 2024’’. ‘‘(1) IN GENERAL.—The executor of any es- a predicate to such civil penalty.’’. (e) EXTENSION OF TRANSFERS OF CERTAIN tate required to file a return under section (b) EFFECTIVE DATE.—The amendments TAXES.— 6018(a) shall furnish to the Secretary and to made by this section shall apply to amounts (1) IN GENERAL.—Section 9503 of the Inter- each person acquiring any interest in prop- collected after the date of the enactment of nal Revenue Code of 1986 is amended— erty included in the decedent’s gross estate this Act. (A) in subsection (b)— for Federal estate tax purposes a statement (i) by striking ‘‘October 1, 2016’’ each place SEC. 51203. APPROPRIATION FROM LEAKING UN- identifying the value of each interest in such it appears in paragraphs (1) and (2) and in- DERGROUND STORAGE TANK TRUST FUND. property as reported on such return and such serting ‘‘October 1, 2023’’, other information with respect to such inter- (a) IN GENERAL.—Subsection (c) of section (ii) by striking ‘‘OCTOBER 1, 2016’’ in the est as the Secretary may prescribe. 9508 of the Internal Revenue Code of 1986 is heading of paragraph (2) and inserting ‘‘OC- ‘‘(2) STATEMENTS BY BENEFICIARIES.—Each amended by adding at the end the following TOBER 1, 2023’’, person required to file a return under section new paragraph: (iii) by striking ‘‘September 30, 2016’’ in 6018(b) shall furnish to the Secretary and to ‘‘(4) ADDITIONAL TRANSFER TO HIGHWAY paragraph (2) and inserting ‘‘September 30, each other person who holds a legal or bene- TRUST FUND.—Out of amounts in the Leaking 2023’’, and ficial interest in the property to which such Underground Storage Tank Trust Fund there (iv) by striking ‘‘July 1, 2017’’ in paragraph return relates a statement identifying the is hereby appropriated— (2) and inserting ‘‘July 1, 2024’’, and information described in paragraph (1). ‘‘(A) on the date of the enactment of the (B) in subsection (c)(2), by striking ‘‘July 1, ‘‘(3) TIME FOR FURNISHING STATEMENT.— DRIVE Act, $100,000,000, 2017’’ and inserting ‘‘July 1, 2024’’. ‘‘(A) IN GENERAL.—Each statement re- ‘‘(B) on October 1, 2016, $100,000,000, and (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX quired to be furnished under paragraph (1) or ‘‘(C) on October 1, 2017, $100,000,000, TRANSFERS.— (2) shall be furnished at such time as the to be transferred under section 9503(f)(8) to (A) IN GENERAL.—Paragraphs (3)(A)(i) and Secretary may prescribe, but in no case at a the Highway Account (as defined in section (4)(A) of section 9503(c) of such Code are each time later than the earlier of— 9503(e)(5)(B)) in the Highway Trust Fund.’’. amended by striking ‘‘October 1, 2016’’ and ‘‘(i) the date which is 30 days after the date (b) CONFORMING AMENDMENT.—Section inserting ‘‘October 1, 2023’’. 9508(c)(1) of the Internal Revenue Code of on which the return under section 6018 was (B) CONFORMING AMENDMENTS TO LAND AND 1986 is amended by striking ‘‘paragraphs (2) required to be filed (including extensions, if WATER CONSERVATION FUND.—Section 200310 and (3)’’ and inserting ‘‘paragraphs (2), (3), any), or of title 54, United States Code, is amended— and (4)’’. ‘‘(ii) the date which is 30 days after the (i) by striking ‘‘October 1, 2017’’ each place date such return is filed. it appears and inserting ‘‘October 1, 2024’’, TITLE LII—OFFSETS ‘‘(B) ADJUSTMENTS.—In any case in which and Subtitle A—Tax Provisions there is an adjustment to the information re- (ii) by striking ‘‘October 1, 2016’’ and in- SEC. 52101. CONSISTENT BASIS REPORTING BE- quired to be included on a statement filed serting ‘‘October 1, 2023’’. TWEEN ESTATE AND PERSON AC- under paragraph (1) or (2) after such state- (f) EFFECTIVE DATE.—The amendments QUIRING PROPERTY FROM DECE- ment has been filed, a supplemental state- made by this section shall take effect on Oc- DENT. ment under such paragraph shall be filed not tober 1, 2016. (a) PROPERTY ACQUIRED FROM A DECE- later than the date which is 30 days after Subtitle B—Additional Transfers to Highway DENT.— such adjustment is made. Trust Fund (1) IN GENERAL.—Section 1014 of the Inter- ‘‘(b) REGULATIONS.—The Secretary shall SEC. 51201. FURTHER ADDITIONAL TRANSFERS nal Revenue Code of 1986 is amended by add- prescribe such regulations as necessary to TO TRUST FUND. ing at the end the following new subsection: carry out this section, including regulations Subsection (f) of section 9503 of the Inter- ‘‘(f) BASIS MUST BE CONSISTENT WITH ES- relating to— nal Revenue Code of 1986 is amended by re- TATE TAX VALUE.— ‘‘(1) the extension of this section to prop- designating paragraph (7) as paragraph (9) ‘‘(1) IN GENERAL.—The basis under sub- erty of estates not required to file an estate and by inserting after paragraph (6) the fol- section (a) of any property shall not exceed— tax return, and lowing new paragraphs: ‘‘(A) in the case of property the value of ‘‘(2) situations in which the surviving joint ‘‘(7) FURTHER TRANSFERS TO TRUST FUND.— which has been finally determined for pur- tenant or other recipient may have better in- Out of money in the Treasury not otherwise poses of the tax imposed by chapter 11 on the formation than the executor regarding the appropriated, there is hereby appropriated— estate of such decedent, such value, and basis or fair market value of the property.’’. ‘‘(A) $34,401,000,000 to the Highway Account ‘‘(B) in the case of property not described (2) PENALTY FOR FAILURE TO FILE.— (as defined in subsection (e)(5)(B)) in the in subparagraph (A) and with respect to (A) RETURN.—Section 6724(d)(1) of such Highway Trust Fund; and which a statement has been furnished under Code is amended by striking ‘‘and’’ at the

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end of subparagraph (B), by striking the pe- ‘‘(2) the cost-of-living adjustment deter- (1) DENIAL.— riod at the end of subparagraph (C) and in- mined under section 1(f)(3) for the calendar (A) IN GENERAL.—Except as provided under serting ‘‘, and’’, and by adding at the end the year, determined by substituting ‘calendar subparagraph (B), upon receiving an applica- following new subparagraph: year 2015’ for ‘calendar year 1992’ in subpara- tion for a passport from an individual that ‘‘(D) any statement required to be filed graph (B) thereof. either— with the Secretary under section 6035.’’. If any amount as adjusted under the pre- (i) does not include the social security ac- (B) STATEMENT.—Section 6724(d)(2) of such ceding sentence is not a multiple of $1,000, count number issued to that individual, or Code is amended by striking ‘‘or’’ at the end such amount shall be rounded to the next (ii) includes an incorrect or invalid social of subparagraph (GG), by striking the period highest multiple of $1,000.’’. security number willfully, intentionally, at the end of subparagraph (HH) and insert- (b) CLERICAL AMENDMENT.—The table of negligently, or recklessly provided by such ing ‘‘, or’’, and by adding at the end the fol- sections for subchapter D of chapter 75 of the individual, lowing new subparagraph: Internal Revenue Code of 1986 is amended by the Secretary of State is authorized to deny ‘‘(II) section 6035 (other than a statement adding at the end the following new item: such application and is authorized to not described in paragraph (1)(D)).’’. ‘‘Sec. 7345. Revocation or denial of passport issue a passport to the individual. (3) CLERICAL AMENDMENT.—The table of in case of certain tax delin- (B) EMERGENCY AND HUMANITARIAN SITUA- sections for subpart A of part III of sub- quencies.’’. TIONS.—Notwithstanding subparagraph (A), chapter A of chapter 61 of such Code is (c) AUTHORITY FOR INFORMATION SHARING.— the Secretary of State may issue a passport, amended by inserting after the item relating (1) IN GENERAL.—Subsection (l) of section in emergency circumstances or for humani- to section 6034A the following new item: 6103 of the Internal Revenue Code of 1986 is tarian reasons, to an individual described in ‘‘SEC. 6035. BASIS INFORMATION TO PERSONS AC- amended by adding at the end the following subparagraph (A). QUIRING PROPERTY FROM DECE- new paragraph: (2) REVOCATION.— DENT.’’. ‘‘(23) DISCLOSURE OF RETURN INFORMATION (A) IN GENERAL.—The Secretary of State (4) EFFECTIVE DATE.—The amendments TO DEPARTMENT OF STATE FOR PURPOSES OF may revoke a passport previously issued to made by this subsection shall take effect on PASSPORT REVOCATION UNDER SECTION 7345.— any individual described in paragraph (1)(A). the date of the enactment of this Act. ‘‘(A) IN GENERAL.—The Secretary shall, (B) LIMITATION FOR RETURN TO UNITED (c) PENALTY FOR INCONSISTENT REPORT- upon receiving a certification described in STATES.—If the Secretary of State decides to ING.— section 7345, disclose to the Secretary of revoke a passport under subparagraph (A), (1) IN GENERAL.—Subsection (b) of section State return information with respect to a the Secretary of State, before revocation, 6662 of the Internal Revenue Code of 1986 is taxpayer who has a seriously delinquent tax may— amended by inserting after paragraph (7) the debt described in such section. Such return (i) limit a previously issued passport only following new paragraph: information shall be limited to— for return travel to the United States; or ‘‘(8) Any inconsistent estate basis.’’. ‘‘(i) the taxpayer identity information with (ii) issue a limited passport that only per- (2) INCONSISTENT BASIS REPORTING.—Sec- respect to such taxpayer, and mits return travel to the United States. tion 6662 of such Code is amended by adding ‘‘(ii) the amount of such seriously delin- (f) EFFECTIVE DATE.—The provisions of, at the end the following new subsection: quent tax debt. and amendments made by, this section shall ‘‘(k) INCONSISTENT ESTATE BASIS REPORT- take effect on January 1, 2016. ‘‘(B) RESTRICTION ON DISCLOSURE.—Return ING.—For purposes of this section, there is an information disclosed under subparagraph SEC. 52103. CLARIFICATION OF 6-YEAR STATUTE ‘inconsistent estate basis’ if the basis of (A) may be used by officers and employees of OF LIMITATIONS IN CASE OF OVER- property (determined without regard to ad- STATEMENT OF BASIS. the Department of State for the purposes of, justments to basis during the period the (a) IN GENERAL.—Subparagraph (B) of sec- and to the extent necessary in, carrying out property was held by the taxpayer) claimed tion 6501(e)(1) of the Internal Revenue Code the requirements of section 52102(d) of the on a return exceeds the basis as determined of 1986 is amended— Transportation Funding Act of 2015.’’. under section 1014(f).’’. (1) by striking ‘‘and’’ at the end of clause (2) CONFORMING AMENDMENT.—Paragraph (3) EFFECTIVE DATE.—The amendments (i), by redesignating clause (ii) as clause (iii), (4) of section 6103(p) of such Code is amended made by this subsection shall apply to re- and by inserting after clause (i) the following by striking ‘‘or (22)’’ each place it appears in turns filed after the date of the enactment of new clause: subparagraph (F)(ii) and in the matter pre- this Act. ‘‘(ii) An understatement of gross income by ceding subparagraph (A) and inserting ‘‘(22), reason of an overstatement of unrecovered SEC. 52102. REVOCATION OR DENIAL OF PASS- or (23)’’. PORT IN CASE OF CERTAIN UNPAID cost or other basis is an omission from gross TAXES. (d) AUTHORITY TO DENY OR REVOKE PASS- income; and’’, (a) IN GENERAL.—Subchapter D of chapter PORT.— (2) by inserting ‘‘(other than in the case of 75 of the Internal Revenue Code of 1986 is (1) DENIAL.— an overstatement of unrecovered cost or amended by adding at the end the following (A) IN GENERAL.—Except as provided under other basis)’’ in clause (iii) (as so redesig- new section: subparagraph (B), upon receiving a certifi- nated) after ‘‘In determining the amount cation described in section 7345 of the Inter- ‘‘SEC. 7345. REVOCATION OR DENIAL OF PASS- omitted from gross income’’, and nal Revenue Code of 1986 from the Secretary PORT IN CASE OF CERTAIN TAX DE- (3) by inserting ‘‘AMOUNT OMITTED FROM’’ of the Treasury, the Secretary of State shall LINQUENCIES. after ‘‘DETERMINATION OF’’ in the heading ‘‘(a) IN GENERAL.—If the Secretary receives not issue a passport to any individual who thereof. certification by the Commissioner of Inter- has a seriously delinquent tax debt described (b) EFFECTIVE DATE.—The amendments nal Revenue that any individual has a seri- in such section. made by this section shall apply to— ously delinquent tax debt in an amount in (B) EMERGENCY AND HUMANITARIAN SITUA- (1) returns filed after the date of the enact- excess of $50,000, the Secretary shall trans- TIONS.—Notwithstanding subparagraph (A), ment of this Act, and mit such certification to the Secretary of the Secretary of State may issue a passport, (2) returns filed on or before such date if State for action with respect to denial, rev- in emergency circumstances or for humani- the period specified in section 6501 of the In- ocation, or limitation of a passport pursuant tarian reasons, to an individual described in ternal Revenue Code of 1986 (determined to section 52102(d) of the Transportation such subparagraph. without regard to such amendments) for as- Funding Act of 2015. (2) REVOCATION.— sessment of the taxes with respect to which ‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.— (A) IN GENERAL.—The Secretary of State such return relates has not expired as of such For purposes of this section, the term ‘seri- may revoke a passport previously issued to date. ously delinquent tax debt’ means an out- any individual described in paragraph (1)(A). SEC. 52104. ADDITIONAL INFORMATION ON RE- standing debt under this title for which a no- (B) LIMITATION FOR RETURN TO UNITED TURNS RELATING TO MORTGAGE IN- tice of lien has been filed in public records STATES.—If the Secretary of State decides to TEREST. pursuant to section 6323 or a notice of levy revoke a passport under subparagraph (A), (a) IN GENERAL.—Paragraph (2) of section has been filed pursuant to section 6331, ex- the Secretary of State, before revocation, 6050H(b) of the Internal Revenue Code of 1986 cept that such term does not include— may— is amended by striking ‘‘and’’ at the end of ‘‘(1) a debt that is being paid in a timely (i) limit a previously issued passport only subparagraph (C), by redesignating subpara- manner pursuant to an agreement under sec- for return travel to the United States; or graph (D) as subparagraph (G), and by insert- tion 6159 or 7122, and (ii) issue a limited passport that only per- ing after subparagraph (C) the following new ‘‘(2) a debt with respect to which collection mits return travel to the United States. subparagraphs: is suspended because a collection due process (3) HOLD HARMLESS.—The Secretary of the ‘‘(D) the amount of outstanding principal hearing under section 6330, or relief under Treasury and the Secretary of State shall on the mortgage as of the beginning of such subsection (b), (c), or (f) of section 6015, is re- not be liable to an individual for any action calendar year, quested or pending. with respect to a certification by the Com- ‘‘(E) the address of the property securing ‘‘(c) ADJUSTMENT FOR INFLATION.—In the missioner of Internal Revenue under section such mortgage, case of a calendar year beginning after 2016, 7345 of the Internal Revenue Code of 1986. ‘‘(F) the date of the origination of such the dollar amount in subsection (a) shall be (e) REVOCATION OR DENIAL OF PASSPORT IN mortgage, and’’. increased by an amount equal to— CASE OF INDIVIDUAL WITHOUT SOCIAL SECU- (b) PAYEE STATEMENTS.—Subsection (d) of ‘‘(1) such dollar amount, multiplied by RITY ACCOUNT NUMBER.— section 6050H of the Internal Revenue Code

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S6027 of 1986 is amended by striking ‘‘and’’ at the inserting after subparagraph (D) the fol- imum extension for a 6-month period ending end of paragraph (1), by striking the period lowing new subparagraph: on October 15, and with provision for an ex- at the end of paragraph (2) and inserting ‘‘, ‘‘(E) Subsection (b)(2)(A) shall be applied tension under rules similar to the rules of 26 and’’, and by inserting after paragraph (2) by substituting ‘the last day of the 3rd C.F.R. 1.6081–5. For any taxpayer required to the following new paragraph: month’ for ‘the 15th day of the 4th month’.’’. file such form for the first time, the Sec- ‘‘(3) the information required to be in- (4) EFFECTIVE DATES.— retary of the Treasury may waive any pen- cluded on the return under subparagraphs (A) IN GENERAL.—Except as otherwise pro- alty for failure to timely request or file an (D), (E), and (F) of subsection (b)(2).’’. vided in this paragraph, the amendments extension. (c) EFFECTIVE DATE.—The amendments made by this subsection shall apply to re- (11) Taxpayers filing Form 3520, Annual Re- made by this section shall apply to returns turns for taxable years beginning after De- turn to Report Transactions with Foreign and statements the due date for which (de- cember 31, 2015. Trusts and Receipt of Certain Foreign Gifts, termined without regard to extensions) is (B) CONFORMING AMENDMENTS RELATING TO shall be allowed to extend the time for filing after December 31, 2016. S CORPORATIONS.—The amendments made by such form separately from the income tax re- SEC. 52105. RETURN DUE DATE MODIFICATIONS. paragraph (2)(B) shall apply with respect to turn of the taxpayer, for an automatic 6- elections for taxable years beginning after (a) NEW DUE DATE FOR PARTNERSHIP FORM month period beginning on the due date for December 31, 2015. 1065, S CORPORATION FORM 1120S, AND C COR- filing the return (without regard to any ex- (C) CONFORMING AMENDMENTS RELATING TO PORATION FORM 1120.— tensions). C CORPORATIONS.—The amendments made by (1) PARTNERSHIPS.— (c) CORPORATIONS PERMITTED STATUTORY paragraph (3) shall apply to taxable years be- UTOMATIC MONTH XTENSION OF NCOME (A) IN GENERAL.—Section 6072 of the Inter- A 6- E I ginning after December 31, 2015. nal Revenue Code of 1986 is amended by add- TAX RETURNS.— (5) SPECIAL RULE FOR CERTAIN C CORPORA- ing at the end the following new subsection: (1) IN GENERAL.—Section 6081(b) of the In- TION IN 2025.—In the case of a taxable year of ternal Revenue Code of 1986 is amended by ‘‘(f) RETURNS OF PARTNERSHIPS.—Returns a C Corporation ending on June 30, 2025, sec- of partnerships under section 6031 made on striking ‘‘3 months’’ and inserting ‘‘6 tion 6072(a) of the Internal Revenue Code of the basis of the calendar year shall be filed months’’. 1986 shall be applied by substituting ‘‘third (2) EFFECTIVE DATE.—The amendments on or before the 15th day of March following month’’ for ‘‘fourth month’’. the close of the calendar year, and such re- made by this subsection shall apply to re- (b) MODIFICATION OF DUE DATES BY REGU- turns for taxable years beginning after De- turns made on the basis of a fiscal year shall LATION.—In the case of returns for any tax- be filed on or before the 15th day of the third cember 31, 2015. able period beginning after December 31, (3) SPECIAL RULE FOR CERTAIN C CORPORA- month following the close of the fiscal 2015, the Secretary of the Treasury or the year.’’. TIONS IN 2024.—In the case of any taxable year Secretary’s delegate shall modify appro- of a C corporation ending on December 31, (B) CONFORMING AMENDMENT.—Section priate regulations to provide as follows: 6072(a) of such Code is amended by striking 2024, subsections (a) and (b) of section 6081 of (1) The maximum extension for the returns the Internal Revenue Code of 1986 shall each ‘‘6017, or 6031’’ and inserting ‘‘or 6017’’. of partnerships filing Form 1065 shall be a 6- be applied to returns of income taxes under (2) S CORPORATIONS.— month period beginning on the due date for subtitle A by substituting ‘‘5 months’’ for ‘‘6 (A) IN GENERAL.—So much of subsection (b) filing the return (without regard to any ex- months’’. of section 6072 of the Internal Revenue Code tensions). of 1986 as precedes the second sentence there- (2) The maximum extension for the returns SEC. 52106. REFORM OF RULES RELATING TO of is amended to read as follows: QUALIFIED TAX COLLECTION CON- of trusts and estates filing Form 1041 shall be TRACTS. ‘‘(b) RETURNS OF CERTAIN CORPORATIONS.— 1 a 5 ⁄2-month period beginning on the due date (a) REQUIREMENT TO COLLECT CERTAIN INAC- Returns of S corporations under sections 6012 for filing the return (without regard to any TIVE TAX RECEIVABLES UNDER QUALIFIED TAX and 6037 made on the basis of the calendar extensions). COLLECTION CONTRACTS.—Section 6306 of the year shall be filed on or before the 31st day (3) The maximum extension for the returns Internal Revenue Code of 1986 is amended by of March following the close of the calendar of employee benefit plans filing Form 5500 redesignating subsections (c) through (f) as year, and such returns made on the basis of shall be an automatic 31⁄2-month period be- subsections (d) through (g), respectively, and a fiscal year shall be filed on or before the ginning on the due date for filing the return by inserting after subsection (b) the fol- last day of the third month following the (without regard to any extensions). lowing new subsection: close of the fiscal year.’’. (4) The maximum extension for the Forms ‘‘(c) COLLECTION OF INACTIVE TAX RECEIV- (B) CONFORMING AMENDMENTS.— 990 (series) returns of organizations exempt ABLES.— (i) Section 1362(b) of such Code is amend- from income tax shall be an automatic 6- ‘‘(1) IN GENERAL.—Notwithstanding any ed— month period beginning on the due date for other provision of law, the Secretary shall (I) by striking ‘‘15th’’ each place it appears filing the return (without regard to any ex- enter into one or more qualified tax collec- and inserting ‘‘last’’, tensions). tion contracts for the collection of all out- (II) by striking ‘‘21⁄2’’ each place it appears (5) The maximum extension for the returns standing inactive tax receivables. in the headings and the text and inserting of organizations exempt from income tax ‘‘(2) INACTIVE TAX RECEIVABLES.—For pur- ‘‘3’’, and that are required to file Form 4720 returns of poses of this section— (III) by striking ‘‘2 months and 15 days’’ in excise taxes shall be an automatic 6-month ‘‘(A) IN GENERAL.—The term ‘inactive tax paragraph (4) and inserting ‘‘3 months’’. period beginning on the due date for filing receivable’ means any tax receivable if— (ii) Section 1362(d)(1)(C)(i) of such Code is the return (without regard to any exten- ‘‘(i) at any time after assessment, the In- amended by striking ‘‘15th’’ and inserting sions). ternal Revenue Service removes such receiv- ‘‘last’’. (6) The maximum extension for the returns able from the active inventory for lack of re- (iii) Section 1362(d)(1)(C)(ii) of such Code is of trusts required to file Form 5227 shall be sources or inability to locate the taxpayer, amended by striking ‘‘such 15th day’’ and in- an automatic 6-month period beginning on ‘‘(ii) more than 1⁄3 of the period of the ap- serting ‘‘the last day of the 3d month there- the due date for filing the return (without plicable statute of limitation has lapsed and of’’. regard to any extensions). such receivable has not been assigned for col- (3) CONFORMING AMENDMENTS RELATING TO C (7) The maximum extension for filing Form lection to any employee of the Internal Rev- CORPORATIONS.— 6069, Return of Excise Tax on Excess Con- enue Service, or (A) Section 170(a)(2)(B) of such Code is tributions to Black Lung Benefit Trust ‘‘(iii) in the case of a receivable which has amended by striking ‘‘third month’’ and in- Under Section 4953 and Computation of Sec- been assigned for collection, more than 365 serting ‘‘4th month’’. tion 192 Deduction, shall be an automatic 6- days have passed without interaction with (B) Section 563 of such Code is amended by month period beginning on the due date for the taxpayer or a third party for purposes of striking ‘‘third month’’ each place it appears filing the return (without regard to any ex- furthering the collection of such receivable. and inserting ‘‘4th month’’. tensions). ‘‘(B) TAX RECEIVABLE.—The term ‘tax re- (C) Section 1354(d)(1)(B)(i) of such Code is (8) The maximum extension for a taxpayer ceivable’ means any outstanding assessment amended by striking ‘‘3d month’’ and insert- required to file Form 8870 shall be an auto- which the Internal Revenue Service includes ing ‘‘4th month’’. matic 6-month period beginning on the due in potentially collectible inventory.’’. (D) Subsection (a) and (c) of section 6167 of date for filing the return (without regard to (b) CERTAIN TAX RECEIVABLES NOT ELIGI- such Code are each amended by striking any extensions). BLE FOR COLLECTION UNDER QUALIFIED TAX ‘‘third month’’ and inserting ‘‘4th month’’. (9) The due date of Form 3520–A, Annual In- COLLECTION CONTRACTS.—Section 6306 of the (E) Section 6425(a)(1) of such Code is formation Return of a Foreign Trust with a Internal Revenue Code of 1986, as amended amended by striking ‘‘third month’’ and in- United States Owner, shall be the 15th day of by subsection (a), is amended by redesig- serting ‘‘4th month’’. the 3rd month after the close of the trust’s nating subsections (d) through (g) as sub- (F) Section 6655 of such Code is amended— taxable year, and the maximum extension sections (e) through (h), respectively, and by (i) by striking ‘‘3rd month’’ each place it shall be a 6-month period beginning on such inserting after subsection (c) the following appears in subsections (b)(2)(A), (g)(3), and day. new subsection: (h)(1) and inserting ‘‘4th month’’, and (10) The due date of FinCEN Form 114 (re- ‘‘(d) CERTAIN TAX RECEIVABLES NOT ELIGI- (ii) in subsection (g)(4), by redesignating lating to Report of Foreign Bank and Finan- BLE FOR COLLECTION UNDER QUALIFIED TAX subparagraph (E) as subparagraph (F) and by cial Accounts) shall be April 15 with a max- COLLECTIONS CONTRACTS.—A tax receivable

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shall not be eligible for collection pursuant spect to qualified tax collection contracts ‘‘(b) RESTRICTIONS.—The program described to a qualified tax collection contract if such under this section which shall include— in subsection (a) shall be subject to the fol- receivable— ‘‘(1) annually, with respect to such fiscal lowing restrictions: ‘‘(1) is subject to a pending or active offer- year— ‘‘(1) No funds shall be transferred to such in-compromise or installment agreement, ‘‘(A) the total number and amount of tax account except as described in subsection ‘‘(2) is classified as an innocent spouse receivables provided to each contractor for (a). case, collection under this section, ‘‘(2) No other funds from any other source ‘‘(3) involves a taxpayer identified by the ‘‘(B) the total amounts collected (and shall be expended for special compliance per- Secretary as being— amounts of installment agreements entered sonnel employed under such program, and no ‘‘(A) deceased, into under subsection (b)(1)(B)) with respect funds from such account shall be expended ‘‘(B) under the age of 18, to each contractor and the collection costs for the hiring of any personnel other than ‘‘(C) in a designated combat zone, or incurred (directly and indirectly) by the In- special compliance personnel. ‘‘(D) a victim of tax-related identity theft, ternal Revenue Service with respect to such ‘‘(3) Notwithstanding any other authority, ‘‘(4) is currently under examination, litiga- amounts, the Secretary is prohibited from spending tion, criminal investigation, or levy, or ‘‘(C) the impact of such contracts on the funds out of such account for any purpose ‘‘(5) is currently subject to a proper exer- total number and amount of unpaid assess- other than for costs under such program as- cise of a right of appeal under this title.’’. ments, and on the number and amount of as- sociated with the employment of special (c) CONTRACTING PRIORITY.—Section 6306 of sessments collected by Internal Revenue compliance personnel and the retraining and the Internal Revenue Code of 1986, as amend- Service personnel after initial contact by a reassignment of current noncollections per- ed by the preceding provisions of this sec- contractor, sonnel as special compliance personnel, and tion, is amended by redesignating subsection ‘‘(D) the amount of fees retained by the to reimburse the Internal Revenue Service or (h) as subsection (i) and by inserting after Secretary under subsection (e) and a descrip- other government agencies for the cost of ad- subsection (g) the following new subsection: tion of the use of such funds, and ministering qualified tax collection con- ‘‘(h) CONTRACTING PRIORITY.—In con- ‘‘(E) a disclosure safeguard report in a tracts under section 6306. tracting for the services of any person under form similar to that required under section ‘‘(c) REPORTING.—Not later than March of each year, the Commissioner of Internal this section, the Secretary shall utilize pri- 6103(p)(5), and Revenue shall submit a report to the Com- vate collection contractors and debt collec- ‘‘(2) biannually (beginning with the second mittees on Finance and Appropriations of tion centers on the schedule required under report submitted under this subsection)— the Senate and the Committees on Ways and section 3711(g) of title 31, United States ‘‘(A) an independent evaluation of con- Means and Appropriations of the House of Code, including the technology and commu- tractor performance, and nications infrastructure established therein, Representatives consisting of the following: ‘‘(B) a measurement plan that includes a ‘‘(1) For the preceding fiscal year, all funds to the extent such private collection con- comparison of the best practices used by the tractors and debt collection centers are ap- received in the account established under private collectors to the collection tech- subsection (a), administrative and program propriate to carry out the purposes of this niques used by the Internal Revenue Service section.’’. costs for the program described in such sub- and mechanisms to identify and capture in- section, the number of special compliance (d) DISCLOSURE OF RETURN INFORMATION.— formation on successful collection tech- Section 6103(k) of the Internal Revenue Code personnel hired and employed under the pro- niques used by the contractors that could be gram, and the amount of revenue actually of 1986 is amended by adding at the end the adopted by the Internal Revenue Service.’’. following new paragraph: collected by such personnel. (2) REPEAL OF EXISTING REPORTING REQUIRE- ‘‘(2) For the current fiscal year, all actual ‘‘(11) QUALIFIED TAX COLLECTION CONTRAC- MENTS WITH RESPECT TO QUALIFIED TAX COL- TORS.—Persons providing services pursuant and estimated funds received or to be re- LECTION CONTRACTS.—Section 881 of the ceived in the account, all actual and esti- to a qualified tax collection contract under American Jobs Creation Act of 2004 is section 6306 may, if speaking to a person who mated administrative and program costs, the amended by striking subsection (e). number of all actual and estimated special has identified himself or herself as having (g) EFFECTIVE DATES.— the name of the taxpayer to which a tax re- compliance personnel hired and employed (1) IN GENERAL.—The amendments made by under the program, and the actual and esti- ceivable (within the meaning of such sec- subsections (a) and (b) shall apply to tax re- tion) relates, identify themselves as contrac- mated revenue actually collected or to be ceivables identified by the Secretary after collected by such personnel. tors of the Internal Revenue Service and dis- the date of the enactment of this Act. close the business name of the contractor, ‘‘(3) For the following fiscal year, an esti- (2) CONTRACTING PRIORITY.—The Secretary mate of all funds to be received in the ac- and the nature, subject, and reason for the shall begin entering into contracts and count, all estimated administrative and pro- contact. Disclosures under this paragraph agreements as described in the amendment gram costs, the estimated number of special shall be made only in such situations and made by subsection (c) within 3 months after compliance personnel hired and employed under such conditions as have been approved the date of the enactment of this Act. under the program, and the estimated rev- by the Secretary.’’. (3) DISCLOSURES.—The amendment made by enue to be collected by such personnel. (e) TAXPAYERS AFFECTED BY FEDERALLY subsection (d) shall apply to disclosures ‘‘(d) DEFINITIONS.—For purposes of this sec- DECLARED DISASTERS.—Section 6306 of the made after the date of the enactment of this tion— Internal Revenue Code of 1986, as amended Act. ‘‘(1) SPECIAL COMPLIANCE PERSONNEL.—The by the preceding provisions of this section, is (4) PROCEDURES; REPORT TO CONGRESS.—The term ‘special compliance personnel’ means amended by redesignating subsection (i) as amendments made by subsections (e) and (f) individuals employed by the Internal Rev- subsection (j) and by inserting after sub- shall take effect on the date of the enact- enue Service as field function collection offi- section (h) the following new subsection: ment of this Act. cers or in a similar position, or employed to ‘‘(i) TAXPAYERS IN PRESIDENTIALLY DE- collect taxes using the automated collection CLARED DISASTER AREAS.—The Secretary SEC. 52107. SPECIAL COMPLIANCE PERSONNEL system or an equivalent replacement system. may prescribe procedures under which a tax- PROGRAM. ‘‘(2) PROGRAM COSTS.—The term ‘program payer determined to be affected by a Feder- (a) IN GENERAL.—Subsection (e) of section costs’ means— ally declared disaster (as defined by section 6306 of the Internal Revenue Code of 1986, as ‘‘(A) total salaries (including locality pay 165(i)(5)) may request— redesignated by section 52106, is amended by and bonuses), benefits, and employment ‘‘(1) relief from immediate collection meas- striking ‘‘for collection enforcement activi- taxes for special compliance personnel em- ures by contractors under this section, and ties of the Internal Revenue Service’’ in ployed or trained under the program de- ‘‘(2) a return of the inactive tax receivable paragraph (2) and inserting ‘‘to fund the spe- scribed in subsection (a), and to the inventory of the Internal Revenue cial compliance personnel program account ‘‘(B) direct overhead costs, salaries, bene- Service to be collected by an employee under section 6307’’. fits, and employment taxes relating to sup- thereof.’’. (b) SPECIAL COMPLIANCE PERSONNEL PRO- (f) REPORT TO CONGRESS.— GRAM ACCOUNT.—Subchapter A of chapter 64 port staff, rental payments, office equipment (1) IN GENERAL.—Section 6306 of the Inter- of the Internal Revenue Code of 1986 is and furniture, travel, data processing serv- nal Revenue Code of 1986, as amended by the amended by adding at the end the following ices, vehicle costs, utilities, telecommuni- preceding provisions of this section, is new section: cations, postage, printing and reproduction, amended by redesignating subsection (j) as ‘‘SEC. 6307. SPECIAL COMPLIANCE PERSONNEL supplies and materials, lands and structures, subsection (k) and by inserting after sub- PROGRAM ACCOUNT. insurance claims, and indemnities for special section (i) the following new subsection: ‘‘(a) ESTABLISHMENT OF A SPECIAL COMPLI- compliance personnel hired and employed ‘‘(j) REPORT TO CONGRESS.—Not later than ANCE PERSONNEL PROGRAM ACCOUNT.—The under this section. 90 days after the last day of each fiscal year Secretary shall establish an account within For purposes of subparagraph (B), the cost of (beginning with the first such fiscal year the Department for carrying out a program management and supervision of special com- ending after the date of the enactment of consisting of the hiring, training, and em- pliance personnel shall be taken into ac- this subsection), the Secretary shall submit ployment of special compliance personnel, count as direct overhead costs to the extent to the Committee on Ways and Means of the and shall transfer to such account from time such costs, when included in total program House of Representatives and the Committee to time amounts retained by the Secretary costs under this paragraph, do not represent on Finance of the Senate a report with re- under section 6306(e)(2). more than 10 percent of such total costs.’’.

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(c) CLERICAL AMENDMENT.—The table of (B) by striking ‘‘), each appropriation’’ and (b) EMERGENCY PROTECTION.—In any 1 fis- sections for subchapter A of chapter 64 of the inserting ‘‘, and determined without regard cal year described in subsection (a)(1), the Internal Revenue Code of 1986 is amended by to any adjustment made under subsection Secretary of Energy shall not drawdown and inserting after the item relating to section (l)), each appropriation’’. sell crude oil under this section in quantities 6306 the following new item: (c) CONFORMING AMENDMENTS.—Section that would result in a Strategic Petroleum ‘‘Sec. 6307. Special compliance personnel 13031 of the Consolidated Omnibus Budget Reserve that contains an inventory of petro- program account.’’. Reconciliation Act of 1985 (19 U.S.C. 58c), as leum products representing fewer than 90 days of emergency reserves, based on the av- (d) EFFECTIVE DATE.—The amendment amended by subsections (a) and (b), is fur- made by subsection (a) shall apply to ther amended— erage daily level of net imports of crude oil amounts collected and retained by the Sec- (1) in subsection (a), in the matter pre- and petroleum products in the calendar year retary after the date of the enactment of ceding paragraph (1), by inserting ‘‘(subject preceding that fiscal year. (c) INCREASE; LIMITATION.— this Act. to adjustment under subsection (l))’’ after (1) INCREASE.—The Secretary of Energy SEC. 52108. TRANSFERS OF EXCESS PENSION AS- ‘‘following fees’’; and SETS TO RETIREE HEALTH AC- (2) in subsection (b)— may increase the drawdown and sales under COUNTS. (A) in paragraph (2), by inserting ‘‘(subject subparagraphs (A) through (I) of subsection (a) IN GENERAL.—Section 420(b)(4) of the In- to adjustment under subsection (l))’’ after (a)(1) as the Secretary of Energy determines ternal Revenue Code of 1986 is amended by ‘‘in fees’’; to be appropriate to maximize the financial striking ‘‘December 31, 2021’’ and inserting (B) in paragraph (3), by inserting ‘‘(subject return to United States taxpayers. ‘‘December 31, 2025’’. to adjustment under subsection (l))’’ after (2) LIMITATION.—The Secretary of Energy (b) CONFORMING ERISA AMENDMENTS.— ‘‘in fees’’; shall not drawdown or conduct sales of crude (1) Sections 101(e)(3), 403(c)(1), and (C) in paragraph (5)(A), by inserting ‘‘(sub- oil under this section after the date on which 408(b)(13) of the Employee Retirement In- ject to adjustment under subsection (l))’’ a total of $9,050,000,000 has been deposited in come Security Act of 1974 (29 U.S.C. after ‘‘in fees’’; the general fund of the Treasury from sales 1021(e)(3), 1103(c)(1), 1108(b)(13)) are each (D) in paragraph (6), by inserting ‘‘(subject authorized under this section. amended by striking ‘‘MAP-21’’ and inserting to adjustment under subsection (l))’’ after SEC. 52205. EXTENSION OF ENTERPRISE GUAR- ‘‘DRIVE Act’’. ‘‘in fees’’; ANTEE FEE. (2) Section 408(b)(13) of such Act (29 U.S.C. (E) in paragraph (8)(A)— Section 1327(f) of the Housing and Commu- nity Development Act of 1992 (12 U.S.C. 1108(b)(13)) is amended by striking ‘‘January (i) in clause (i), by inserting ‘‘or (l)’’ after 4547(f)) is amended by striking ‘‘October 1, 1, 2022’’ and inserting ‘‘January 1, 2026’’. ‘‘subsection (a)(9)(B)’’; and 2021’’ and inserting ‘‘October 1, 2025’’. Subtitle B—Fees and Receipts (ii) in clause (ii), by inserting ‘‘(subject to SEC. 52201. EXTENSION OF DEPOSITS OF SECU- adjustment under subsection (l))’’ after ‘‘$3’’; Subtitle C—Outlays RITY SERVICE FEES IN THE GEN- and SEC. 52301. INTEREST ON OVERPAYMENT. ERAL FUND. (F) in paragraph (9)— Section 111 of the Federal Oil and Gas Roy- Section 44940(i)(4) of title 49, United States (i) in subparagraph (A)— alty Management Act of 1982 (30 U.S.C. 1721) Code, is amended by adding at the end the (I) in the matter preceding clause (i), by in- is amended— following: serting ‘‘and subject to adjustment under (1) by striking subsections (h) and (i); ‘‘(K) $1,750,000,000 for each of fiscal years subsection (l)’’ after ‘‘Tariff Act of 1930’’; and (2) by redesignating subsections (j) through 2024 and 2025.’’. (II) in clause (ii)(I), by inserting ‘‘(subject (l) as subsections (h) through (j), respec- SEC. 52202. ADJUSTMENT FOR INFLATION OF to adjustment under subsection (l))’’ after tively; and FEES FOR CERTAIN CUSTOMS SERV- ‘‘bill of lading’’; and (3) in subsection (h) (as so redesignated), ICES. (ii) in subparagraph (B)(i), by inserting by striking the fourth sentence. (a) IN GENERAL.—Section 13031 of the Con- ‘‘(subject to adjustment under subsection DIVISION F—MISCELLANEOUS solidated Omnibus Budget Reconciliation (l))’’ after ‘‘bill of lading’’. Act of 1985 (19 U.S.C. 58c) is amended by add- TITLE LXI—FEDERAL PERMITTING ing at the end the following: SEC. 52203. DIVIDENDS AND SURPLUS FUNDS OF IMPROVEMENT ‘‘(l) ADJUSTMENT OF FEES FOR INFLATION.— RESERVE BANKS. SEC. 61001. DEFINITIONS. ‘‘(1) IN GENERAL.—The Secretary of the Section 7(a)(1)(A) of the Federal Reserve In this title: Treasury shall adjust the fees established Act (12 U.S.C. 289(a)(1)(A)) is amended by (1) AGENCY.—The term ‘‘agency’’ has the under subsection (a), and the limitations on striking ‘‘6 percent’’ and inserting ‘‘6 percent meaning given the term in section 551 of such fees under paragraphs (2), (3), (5), (6), (1.5 percent in the case of a stockholder hav- title 5, United States Code. (8), and (9) of subsection (b), on October 1, ing total consolidated assets of more than (2) AGENCY CERPO.—The term ‘‘agency 2015, and annually thereafter, to reflect the $1,000,000,000 (determined as of September 30 CERPO’’ means the chief environmental re- percentage (if any) of the increase in the av- of the preceding fiscal year))’’. view and permitting officer of an agency, as erage of the Consumer Price Index for the SEC. 52204. STRATEGIC PETROLEUM RESERVE designated by the head of the agency under preceding 12-month period compared to the DRAWDOWN AND SALE. section 61002(b)(2)(A)(iii)(I). Consumer Price Index for fiscal year 2014. (a) DRAWDOWN AND SALE.— (3) AUTHORIZATION.—The term ‘‘authoriza- ‘‘(2) SPECIAL RULES FOR CALCULATION OF AD- (1) IN GENERAL.—Notwithstanding section tion’’ means any license, permit, approval, JUSTMENT.—In adjusting under paragraph (1) 161 of the Energy Policy and Conservation finding, determination, or other administra- the amount of the fees established under sub- Act (42 U.S.C. 6241), except as provided in tive decision issued by an agency that is re- section (a), and the limitations on such fees subsections (b) and (c), the Secretary of En- quired or authorized under Federal law in under paragraphs (2), (3), (5), (6), (8), and (9) ergy shall drawdown and sell from the Stra- order to site, construct, reconstruct, or com- of subsection (b), the Secretary— tegic Petroleum Reserve— mence operations of a covered project, ‘‘(A) shall round the amount of any in- (A) the quantity of barrels of crude oil that whether administered by a Federal or State crease in the Consumer Price Index to the the Secretary of Energy determines to be ap- agency. nearest dollar; and propriate to maximize the financial return (4) COOPERATING AGENCY.—The term ‘‘co- ‘‘(B) may ignore any such increase of less to United States taxpayers for each of fiscal operating agency’’ means any agency with— than 1 percent. years 2016 and 2017; (A) jurisdiction under Federal law; or ‘‘(3) CONSUMER PRICE INDEX DEFINED.—For (B) 4,000,000 barrels of crude oil during fis- (B) special expertise as described in section purposes of this subsection, the term ‘Con- cal year 2018; 1501.6 of title 40, Code of Federal Regulations sumer Price Index’ means the Consumer (C) 5,000,000 barrels of crude oil during fis- (as in effect on the date of enactment of this Price Index for All Urban Consumers pub- cal year 2019; Act). lished by the Bureau of Labor Statistics of (D) 8,000,000 barrels of crude oil during fis- (5) COUNCIL.—The term ‘‘Council’’ means the Department of Labor.’’. cal year 2020; the Federal Infrastructure Permitting Im- (b) DEPOSITS INTO CUSTOMS USER FEE AC- (E) 8,000,000 barrels of crude oil during fis- provement Steering Council established COUNT.—Section 13031(f) of the Consolidated cal year 2021; under section 61002(a). Omnibus Budget Reconciliation Act of 1985 (F) 10,000,000 barrels of crude oil during fis- (6) COVERED PROJECT.— (19 U.S.C. 58c(f)) is amended— cal year 2022; (A) IN GENERAL.—The term ‘‘covered (1) in paragraph (1), in the matter pre- (G) 16,000,000 barrels of crude oil during fis- project’’ means any activity in the United ceding subparagraph (A), by striking ‘‘all cal year 2023; States that requires authorization or envi- fees collected under subsection (a)’’ and in- (H) 25,000,000 barrels of crude oil during fis- ronmental review by a Federal agency in- serting ‘‘the amount of fees collected under cal year 2024; and volving construction of infrastructure for re- subsection (a) (determined without regard to (I) 25,000,000 barrels of crude oil during fis- newable or conventional energy production, any adjustment made under subsection (l))’’; cal year 2025. electricity transmission, surface transpor- and (2) DEPOSIT OF AMOUNTS RECEIVED FROM tation, aviation, ports and waterways, water (2) in paragraph (3)(A), in the matter pre- SALE.—Amounts received from a sale under resource projects, broadband, pipelines, man- ceding clause (i)— paragraph (1) shall be deposited in the gen- ufacturing, or any other sector as deter- (A) by striking ‘‘fees collected’’ and insert- eral fund of the Treasury during the fiscal mined by a majority vote of the Council ing ‘‘amount of fees collected’’; and year in which the sale occurs. that—

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FEDERAL PERMITTING IMPROVE- in the inventory on the Dashboard in an eas- (II) is likely to require a total investment MENT COUNCIL. ily accessible format. of more than $200,000,000; and (a) ESTABLISHMENT.—There is established (C) PERFORMANCE SCHEDULES.— (III) does not qualify for abbreviated au- the Federal Permitting Improvement Steer- (i) IN GENERAL.—Not later than 1 year after thorization or environmental review proc- ing Council. the date of enactment of this Act, the Execu- (b) COMPOSITION.— esses under any applicable law; or tive Director, in consultation with the Coun- (1) CHAIR.—The Executive Director shall— (ii) is subject to NEPA and the size and cil, shall develop recommended performance (A) be appointed by the President; and complexity of which, in the opinion of the (B) serve as Chair of the Council. schedules, including intermediate and final Council, make the project likely to benefit (2) COUNCIL MEMBERS.— completion dates, for environmental reviews from enhanced oversight and coordination, (A) IN GENERAL.— and authorizations most commonly required including a project likely to require— (i) DESIGNATION BY HEAD OF AGENCY.—Each for each category of covered projects de- (I) authorization from or environmental re- individual listed in subparagraph (B) shall scribed in subparagraph (A)(ii). view involving more than 2 Federal agencies; designate a member of the agency in which (ii) REQUIREMENTS.— or the individual serves to serve on the Council. (I) IN GENERAL.—The performance sched- (II) the preparation of an environmental (ii) QUALIFICATIONS.—A councilmember de- ules shall reflect employment of the use of impact statement under NEPA. scribed in clause (i) shall hold a position in the most efficient applicable processes. (B) EXCLUSION.—The term ‘‘covered the agency of deputy secretary (or the equiv- (II) LIMIT.— project’’ does not include— alent) or higher. (aa) IN GENERAL.—The final completion (i) any project subject to section 139 of (iii) SUPPORT.— dates in any performance schedule for the title 23, United States Code; or (I) IN GENERAL.—Consistent with guidance completion of an environmental review or (ii) any project subject to section 2045 of provided by the Director of the Office of authorization under clause (i) shall not ex- the Water Resources Development Act of Management and Budget, each individual ceed the average time to complete an envi- 2007 (33 U.S.C. 2348). listed in subparagraph (B) shall designate 1 ronmental review or authorization for a (7) DASHBOARD.—The term ‘‘Dashboard’’ or more appropriate members of the agency project within that category. means the Permitting Dashboard required in which the individual serves to serve as an (bb) CALCULATION OF AVERAGE TIME.—The under section 61003(b). agency CERPO. average time referred to in item (aa) shall be (8) ENVIRONMENTAL ASSESSMENT.—The term (II) REPORTING.—In carrying out the duties calculated on the basis of data from the pre- ‘‘environmental assessment’’ means a con- of the agency CERPO under this title, an ceding 2 calendar years and shall run from cise public document for which a Federal agency CERPO shall report directly to a dep- the period beginning on the date on which agency is responsible under section 1508.9 of uty secretary (or the equivalent) or higher. the Executive Director must make a specific title 40, Code of Federal Regulations (or suc- (B) HEADS OF AGENCIES.—The individuals entry for the project on the Dashboard under cessor regulations). that shall each designate a councilmember section 61003(b)(2) (except that, for projects (9) ENVIRONMENTAL DOCUMENT.— under this subparagraph are as follows: initiated before that duty takes effect, the (A) IN GENERAL.—The term ‘‘environmental (i) The Secretary of Agriculture. period beginning on the date of filing of a document’’ means an environmental assess- (ii) The Secretary of the Army. completed application), and ending on the ment, finding of no significant impact, no- (iii) The Secretary of Commerce. date of the issuance of a record of decision or tice of intent, environmental impact state- (iv) The Secretary of the Interior. other final agency action on the review or ment, or record of decision. (v) The Secretary of Energy. authorization. (B) INCLUSIONS.—The term ‘‘environmental (vi) The Secretary of Transportation. (cc) COMPLETION DATE.—Each performance document’’ includes— (vii) The Secretary of Defense. schedule shall specify that any decision by (i) any document that is a supplement to a (viii) The Administrator of the Environ- an agency on an environmental review or au- document described in subparagraph (A); and mental Protection Agency. thorization must be issued not later than 180 (ii) a document prepared pursuant to a (ix) The Chairman of the Federal Energy days after the date on which all information court order. Regulatory Commission. needed to complete the review or authoriza- (x) The Chairman of the Nuclear Regu- (10) ENVIRONMENTAL IMPACT STATEMENT.— tion (including any hearing that an agency The term ‘‘environmental impact state- latory Commission. holds on the matter) is in the possession of ment’’ means the detailed written statement (xi) The Secretary of Homeland Security. the agency. (xii) The Secretary of Housing and Urban required under section 102(2)(C) of NEPA. (iii) REVIEW AND REVISION.—Not later than Development. (11) ENVIRONMENTAL REVIEW.—The term 2 years after the date on which the perform- (xiii) The Chairman of the Advisory Coun- ‘‘environmental review’’ means the agency ance schedules are established under this cil on Historic Preservation. procedures and processes for applying a cat- subparagraph, and not less frequently than (xiv) Any other head of a Federal agency egorical exclusion or for preparing an envi- once every 2 years thereafter, the Executive that the Executive Director may invite to ronmental assessment, an environmental im- Director, in consultation with the Council, participate as a member of the Council. pact statement, or other document required shall review and revise the performance (3) ADDITIONAL MEMBERS.—In addition to under NEPA. schedules. the members listed in paragraphs (1) and (2), (12) EXECUTIVE DIRECTOR.—The term ‘‘Ex- (D) GUIDANCE.—The Executive Director, in the Chairman of the Council on Environ- ecutive Director’’ means the Executive Di- consultation with the Council, may rec- mental Quality and the Director of the Office rector appointed by the President under sec- ommend to the Director of the Office of Man- of Management and Budget shall also be tion 61002(b)(1)(A). agement and Budget or to the Council on En- members of the Council. (13) FACILITATING AGENCY.—The term ‘‘fa- (c) DUTIES.— vironmental Quality, as appropriate, that cilitating agency’’ means the agency that re- (1) EXECUTIVE DIRECTOR.— guidance be issued as necessary for agen- ceives the initial notification from the (A) INVENTORY DEVELOPMENT.—The Execu- cies— project sponsor required under section tive Director, in consultation with the Coun- (i) to carry out responsibilities under this 61003(a). cil, shall— title; and (14) INVENTORY.—The term ‘‘inventory’’ (i) not later than 180 days after the date of (ii) to effectuate the adoption by agencies means the inventory of covered projects es- enactment of this Act, establish an inven- of the best practices and recommendations of tablished by the Executive Director under tory of covered projects that are pending the the Council described in paragraph (2). section 61002(c)(1)(A). environmental review or authorization of the (2) COUNCIL.— (15) LEAD AGENCY.—The term ‘‘lead agen- head of any Federal agency; (A) RECOMMENDATIONS.— cy’’ means the agency with principal respon- (ii)(I) categorize the projects in the inven- (i) IN GENERAL.—The Council shall make sibility for an environmental review of a tory as appropriate, based on sector and recommendations to the Executive Director covered project under NEPA and parts 1500 project type; and with respect to the designations under para- through 1508 of title 40, Code of Federal Reg- (II) for each category, identify the types of graph (1)(B) and the performance schedules ulations (or successor regulations). environmental reviews and authorizations under paragraph (1)(C). (16) NEPA.—The term ‘‘NEPA’’ means the most commonly involved; and (ii) UPDATE.—The Council may update the National Environmental Policy Act of 1969 (iii) add a covered project to the inventory recommendations described in clause (i). (42 U.S.C. 4321 et seq.). after receiving a notice described in section (B) BEST PRACTICES.—Not later than 1 year (17) PARTICIPATING AGENCY.—The term 61003(a)(1). after the date of enactment of this Act, and ‘‘participating agency’’ means an agency (B) FACILITATING AGENCY DESIGNATION.— not less frequently than annually thereafter, participating in an environmental review or The Executive Director, in consultation with the Council shall issue recommendations on authorization for a covered project in ac- the Council, shall— the best practices for— cordance with section 61003. (i) designate a facilitating agency for each (i) enhancing early stakeholder engage- (18) PROJECT SPONSOR.—The term ‘‘project category of covered projects described in ment, including fully considering and, as ap- sponsor’’ means an entity, including any pri- subparagraph (A)(ii); and propriate, incorporating recommendations vate, public, or public-private entity, seek- (ii) publish the list of designated facili- provided in public comments on any pro- ing an authorization for a covered project. tating agencies for each category of projects posed covered project;

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(ii) ensuring timely decisions regarding en- a summary of geospatial information, if (B) RESOLUTION OF DISPUTE.—The Execu- vironmental reviews and authorizations, in- available, illustrating the project area and tive Director shall resolve any dispute over cluding through the development of perform- the locations, if any, of environmental, cul- designation of a facilitating or lead agency ance metrics; tural, and historic resources; for a particular covered project. (iii) improving coordination between Fed- (iii) a statement regarding the technical (b) PERMITTING DASHBOARD.— eral and non-Federal governmental entities, and financial ability of the project sponsor (1) REQUIREMENT TO MAINTAIN.— including through the development of com- to construct the proposed project; (A) IN GENERAL.—The Executive Director, mon data standards and terminology across (iv) a statement of any Federal financing, in coordination with the Administrator of agencies; environmental reviews, and authorizations General Services, shall maintain an online (iv) increasing transparency; anticipated to be required to complete the database to be known as the ‘‘Permitting (v) reducing information collection re- proposed project; and Dashboard’’ to track the status of Federal quirements and other administrative bur- (v) an assessment that the proposed project environmental reviews and authorizations dens on agencies, project sponsors, and other meets the definition of a covered project for any covered project in the inventory de- interested parties; under section 61001 and a statement of rea- scribed in section 61002(c)(1)(A). (vi) developing and making available to ap- sons supporting the assessment. (B) SPECIFIC AND SEARCHABLE ENTRY.—The plicants appropriate geographic information (2) INVITATION.— Dashboard shall include a specific and systems and other tools; (A) IN GENERAL.—Not later than 45 days searchable entry for each covered project. (vii) creating and distributing training ma- after the date on which the Executive Direc- (2) ADDITIONS.— terials useful to Federal, State, tribal, and tor must make a specific entry for the (A) IN GENERAL.— local permitting officials; and project on the Dashboard under subsection (i) EXISTING PROJECTS.—Not later than 14 (viii) addressing other aspects of infra- (b)(2)(A), the facilitating agency or lead days after the date on which the Executive structure permitting, as determined by the agency, as applicable, shall— Director adds a project to the inventory Council. (i) identify all Federal and non-Federal under section 61002(c)(1)(A), the Executive (3) AGENCY CERPOS.—An agency CERPO agencies and governmental entities likely to Director shall create a specific entry on the shall— have financing, environmental review, au- Dashboard for the covered project. (A) advise the respective agency thorization, or other responsibilities with re- (ii) NEW PROJECTS.—Not later than 14 days councilmember on matters related to envi- spect to the proposed project; and after the date on which the Executive Direc- ronmental reviews and authorizations; (ii) invite all Federal agencies identified tor receives a notice under subsection (a)(1), (B) provide technical support, when re- under clause (i) to become a participating the Executive Director shall create a specific quested to facilitate efficient and timely agency or a cooperating agency, as appro- entry on the Dashboard for the covered processes for environmental reviews and au- priate, in the environmental review and au- project, unless the Executive Director, facili- thorizations for covered projects under the thorization management process described in tating agency, or lead agency, as applicable, jurisdictional responsibility of the agency, section 61005. determines that the project is not a covered including supporting timely identification (B) DEADLINES.—Each invitation made project. and resolution of potential disputes within under subparagraph (A) shall include a dead- (B) EXPLANATION.—If the facilitating agen- the agency or between the agency and other line for a response to be submitted to the fa- cy or lead agency, as applicable, determines Federal agencies; cilitating or lead agency, as applicable. that the project is not a covered project, the (C) analyze agency environmental review (3) PARTICIPATING AND COOPERATING AGEN- project sponsor may submit a further expla- and authorization processes, policies, and au- CIES.— nation as to why the project is a covered thorities and make recommendations to the (A) IN GENERAL.—An agency invited under project not later than 14 days after the date respective agency councilmember for ways paragraph (2) shall be designated as a par- of the determination under subparagraph to standardize, simplify, and improve the ef- ticipating or cooperating agency for a cov- (A). ficiency of the processes, policies, and au- ered project, unless the agency informs the (C) FINAL DETERMINATION.—Not later than thorities, including by implementing guid- facilitating or lead agency, as applicable, in 14 days after receiving an explanation de- ance issued under paragraph (1)(D) and other writing before the deadline under paragraph scribed in subparagraph (B), the Executive best practices, including the use of informa- (2)(B) that the agency— Director shall— tion technology and geographic information (i) has no jurisdiction or authority with re- (i) make a final and conclusive determina- system tools within the agency and across spect to the proposed project; or tion as to whether the project is a covered agencies, to the extent consistent with exist- (ii) does not intend to exercise authority project; and ing law; and related to, or submit comments on, the pro- (ii) if the Executive Director determines (D) review and develop training programs posed project. that the project is a covered project, create for agency staff that support and conduct en- (B) CHANGED CIRCUMSTANCES.—On request a specific entry on the Dashboard for the covered project. vironmental reviews or authorizations. and a showing of changed circumstances, the (d) ADMINISTRATIVE SUPPORT.—The Direc- Executive Director may designate an agency (3) POSTINGS BY AGENCIES.— tor of the Office of Management and Budget that has opted out under subparagraph (A) IN GENERAL.—For each covered project shall designate a Federal agency, other than (A)(ii) to be a participating or cooperating added to the Dashboard under paragraph (2), an agency that carries out or provides sup- agency, as appropriate. the facilitating or lead agency, as applicable, port for projects that are not covered (4) EFFECT OF DESIGNATION.—The designa- and each cooperating and participating agen- projects, to provide administrative support tion described in paragraph (3) shall not— cy shall post to the Dashboard— for the Executive Director, and the des- (A) give the participating agency authority (i) a hyperlink that directs to a website ignated agency shall, as reasonably nec- or jurisdiction over the covered project; or that contains, to the extent consistent with essary, provide support and staff to enable (B) expand any jurisdiction or authority a applicable law— the Executive Director to fulfill the duties of cooperating agency may have over the pro- (I) the notification submitted under sub- the Executive Director under this title. posed project. section (a)(1); SEC. 61003. PERMITTING PROCESS IMPROVE- (5) LEAD AGENCY DESIGNATION.— (II)(aa) where practicable, the application MENT. (A) IN GENERAL.—On establishment of the and supporting documents, if applicable, (a) PROJECT INITIATION AND DESIGNATION OF lead agency, the lead agency shall assume that have been submitted by a project spon- PARTICIPATING AGENCIES.— the responsibilities of the facilitating agency sor for any required environmental review or (1) NOTICE.— under this title. authorization; or (A) IN GENERAL.—A project sponsor of a (B) REDESIGNATION OF FACILITATING AGEN- (bb) a notice explaining how the public covered project shall submit to the Execu- CY.—If the lead agency assumes the respon- may obtain access to such documents; tive Director and the facilitating agency no- sibilities of the facilitating agency under (III) a description of any Federal agency tice of the initiation of a proposed covered subparagraph (A), the facilitating agency action taken or decision made that materi- project. may be designated as a cooperative or par- ally affects the status of a covered project; (B) DEFAULT DESIGNATION.—If, at the time ticipating agency. (IV) any significant document that sup- of submission of the notice under subpara- (6) CHANGE OF FACILITATING OR LEAD AGEN- ports the action or decision described in sub- graph (A), the Executive Director has not CY.— clause (III); and designated a facilitating agency under sec- (A) IN GENERAL.—On the request of a par- (V) a description of the status of any liti- tion 61002(c)(1)(B) for the categories of ticipating agency or project sponsor, the Ex- gation to which the agency is a party that is projects noticed, the agency that receives ecutive Director may designate a different directly related to the project, including, if the notice under subparagraph (A) shall be agency as the facilitating or lead agency, as practicable, any judicial document made designated as the facilitating agency. applicable, for a covered project, if the facili- available on an electronic docket maintained (C) CONTENTS.—Each notice described in tating or lead agency or the Executive Direc- by a Federal, State, or local court; and subparagraph (A) shall include— tor receives new information regarding the (ii) any document described in clause (i) (i) a statement of the purposes and objec- scope or nature of a covered project that in- that is not available by hyperlink on another tives of the proposed project; dicates that the project should be placed in website. (ii) a concise description, including the a different category under section (B) DEADLINE.—The information described general location of the proposed project and 61002(c)(1)(B). in subparagraph (A) shall be posted to the

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website made available by hyperlink on the (iv) the sensitivity of the natural or his- (i) IN GENERAL.—If the facilitating or lead Dashboard not later than 5 business days toric resources that may be affected by the agency, as applicable, has a reasonable basis after the date on which the Federal agency project; to doubt the continuing technical or finan- receives the information. (v) the financing plan for the project; and cial ability of the project sponsor to con- (4) POSTINGS BY THE EXECUTIVE DIRECTOR.— (vi) the extent to which similar projects in struct the covered project, the facilitating or The Executive Director shall publish to the geographic proximity to the project were re- lead agency may request the project sponsor Dashboard— cently subject to environmental review or provide an updated statement regarding the (A) the permitting timetable established similar procedures under State law. ability of the project sponsor to complete under subparagraph (A) or (C) of subsection (C) DISPUTE RESOLUTION.— the project. (c)(2); (i) IN GENERAL.—The Executive Director, in (ii) FAILURE TO RESPOND.—If the project (B) the status of the compliance of each consultation with appropriate agency sponsor fails to respond to a request de- agency with the permitting timetable; CERPOs and the project sponsor, shall, as scribed in clause (i) by the date that is 30 (C) any modifications of the permitting necessary, mediate any disputes regarding days after receiving the request, the lead or timetable; the permitting timetable established under facilitating agency, as applicable, shall no- (D) an explanation of each modification de- subparagraph (A). tify the Executive Director, who shall pub- scribed in subparagraph (C); and (ii) DISPUTES.—If a dispute remains unre- lish an appropriate notice on the Dashboard. (E) any memorandum of understanding es- solved 30 days after the date on which the (iii) PUBLICATION TO DASHBOARD.—On publi- tablished under subsection (c)(3)(B). dispute was submitted to the Executive Di- cation of a notice under clause (ii), the com- rector, the Director of the Office of Manage- pletion dates in the permitting timetable (c) COORDINATION AND TIMETABLES.— ment and Budget, in consultation with the shall be tolled and agencies shall be relieved (1) COORDINATED PROJECT PLAN.— Chairman of the Council on Environmental of the obligation to comply with subpara- (A) IN GENERAL.—Not later than 60 days Quality, shall facilitate a resolution of the graph (F) until such time as the project after the date on which the Executive Direc- dispute and direct the agencies party to the sponsor submits to the facilitating or lead tor must make a specific entry for the dispute to resolve the dispute by the end of agency, as applicable, an updated statement project on the Dashboard under subsection the 60-day period beginning on the date of regarding the technical and financial ability (b)(2)(A), the facilitating or lead agency, as submission of the dispute to the Executive of the project sponsor to construct the applicable, in consultation with each coordi- Director. project. nating and participating agency, shall estab- (iii) FINAL RESOLUTION.—Any action taken (3) COOPERATING STATE, LOCAL, OR TRIBAL lish a concise plan for coordinating public by the Director of the Office of Management GOVERNMENTS.— and agency participation in, and completion and Budget in the resolution of a dispute (A) STATE AUTHORITY.—If the Federal envi- of, any required Federal environmental re- under clause (ii) shall— ronmental review is being implemented view and authorization for the project. (I) be final and conclusive; and within the boundaries of a State, the State, (B) REQUIRED INFORMATION.—The Coordi- (II) not be subject to judicial review. consistent with State law, may choose to nated Project Plan shall include the fol- (D) MODIFICATION AFTER APPROVAL.— participate in the environmental review and lowing information and be updated by the fa- (i) IN GENERAL.—The facilitating or lead authorization process under this subsection cilitating or lead agency, as applicable, at agency, as applicable, may modify a permit- and to make subject to the process all State ting timetable established under subpara- least once per quarter: agencies that— graph (A) only if— (i) A list of, and roles and responsibilities (i) have jurisdiction over the covered (I) the facilitating or lead agency, as appli- for, all entities with environmental review project; cable, and the affected cooperating agencies, or authorization responsibility for the (ii) are required to conduct or issue a re- after consultation with the participating project. view, analysis, opinion, or statement for the agencies, agree to a different completion (ii) A permitting timetable, as described in covered project; or date; and paragraph (2), setting forth a comprehensive (iii) are required to make a determination (II) the facilitating agency or lead agency, schedule of dates by which all environmental on issuing a permit, license, or other ap- as applicable, or the affected cooperating reviews and authorizations, and to the max- proval or decision for the covered project. agency provides a written justification for imum extent practicable, State permits, re- the modification. (B) COORDINATION.—To the maximum ex- views and approvals must be made. tent practicable under applicable law, the fa- (ii) COMPLETION DATE.—A completion date (iii) A discussion of potential avoidance, in the permitting timetable may not be cilitating or lead agency, as applicable, shall minimization, and mitigation strategies, if modified within 30 days of the completion coordinate the Federal environmental review required by applicable law and known. date. and authorization processes under this sub- (iv) Plans and a schedule for public and (E) CONSISTENCY WITH OTHER TIME PERI- section with any State, local, or tribal agen- tribal outreach and coordination, to the ex- ODS.—A permitting timetable established cy responsible for conducting any separate tent required by applicable law. under subparagraph (A) shall be consistent review or authorization of the covered (C) MEMORANDUM OF UNDERSTANDING.—The with any other relevant time periods estab- project to ensure timely and efficient com- coordinated project plan described in sub- lished under Federal law and shall not pre- pletion of environmental reviews and author- paragraph (A) may be incorporated into a vent any cooperating or participating agency izations. memorandum of understanding. from discharging any obligation under Fed- (C) MEMORANDUM OF UNDERSTANDING.— (2) PERMITTING TIMETABLE.— eral law in connection with the project. (i) IN GENERAL.—Any coordination plan be- (A) ESTABLISHMENT.— (F) CONFORMING TO PERMITTING TIME- tween the facilitating or lead agency, as ap- (i) IN GENERAL.—As part of the coordina- TABLES.— plicable, and any State, local, or tribal agen- tion project plan under paragraph (1), the fa- (i) IN GENERAL.—Each Federal agency shall cy shall, to the maximum extent practicable, cilitating or lead agency, as applicable, in conform to the completion dates set forth in be included in a memorandum of under- consultation with each cooperating and par- the permitting timetable established under standing. ticipating agency, the project sponsor, and subparagraph (A), or with any completion (ii) SUBMISSION TO EXECUTIVE DIRECTOR.— any State in which the project is located, date modified under subparagraph (D). The facilitating or lead agency, as applica- shall establish a permitting timetable that (ii) FAILURE TO CONFORM.—If a Federal ble, shall submit to the Executive Director includes intermediate and final completion agency fails to conform with a completion each memorandum of understanding de- dates for action by each participating agency date for agency action on a covered project scribed in clause (i). on any Federal environmental review or au- or is at significant risk of failing to conform (d) EARLY CONSULTATION.—The facilitating thorization required for the project. with such a completion date, the agency or lead agency, as applicable, shall provide (ii) CONSENSUS.—In establishing a permit- shall— an expeditious process for project sponsors ting timetable under clause (i), each agency (I) promptly submit to the Executive Di- to confer with each cooperating and partici- shall, to the maximum extent practicable, rector for publication on the Dashboard an pating agency involved and, not later than 60 make efforts to reach a consensus. explanation of the specific reasons for failing days after the date on which the project (B) FACTORS FOR CONSIDERATION.—In estab- or significantly risking failing to conform to sponsor submits a request under this sub- lishing the permitting timetable under sub- the completion date and a proposal for an al- section, to have each such agency provide to paragraph (A), the facilitating or lead agen- ternative completion date; cy shall follow the performance schedules es- (II) in consultation with the facilitating or the project sponsor information concerning— tablished under section 61002(c)(1)(C), but lead agency, as applicable, establish an al- (1) the availability of information and may vary the timetable based on relevant ternative completion date; and tools, including pre-application toolkits, to factors, including— (III) each month thereafter until the agen- facilitate early planning efforts; (i) the size and complexity of the covered cy has taken final action on the delayed au- (2) key issues of concern to each agency project; thorization or review, submit to the Execu- and to the public; and (ii) the resources available to each partici- tive Director for posting on the Dashboard a (3) issues that must be addressed before an pating agency; status report describing any agency activity environmental review or authorization can (iii) the regional or national economic sig- related to the project. be completed. nificance of the project; (G) ABANDONMENT OF COVERED PROJECT.— (e) COOPERATING AGENCY.—

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(1) IN GENERAL.—A lead agency may des- to complete an environmental review for the be used and the level of detail required in the ignate a participating agency as a cooper- covered project, if the analysis and docu- analysis of each alternative for a covered ating agency in accordance with part 1501 of mentation were, as determined by the lead project. title 40, Code of Federal Regulations (or suc- agency in consultation with the Council on (B) ENVIRONMENTAL REVIEW.—A cooper- cessor regulations). Environmental Quality, prepared under cir- ating agency shall use the methodologies re- (2) EFFECT ON OTHER DESIGNATION.—The cumstances that allowed for opportunities ferred to in subparagraph (A) when con- designation described in paragraph (1) shall for public participation and consideration of ducting any required environmental review, not affect any designation under subsection alternatives and environmental con- to the extent consistent with existing law. (a)(3). sequences that are substantially equivalent (4) PREFERRED ALTERNATIVE.—With the (3) LIMITATION ON DESIGNATION.—Any agen- to what would have been available had the concurrence of the cooperating agencies with cy not designated as a participating agency documents and analysis been prepared by a jurisdiction under Federal law and at the under subsection (a)(3) shall not be des- Federal agency pursuant to NEPA. discretion of the lead agency, the preferred ignated as a cooperating agency under para- (ii) GUIDANCE BY CEQ.—The Council on En- alternative for a project, after being identi- graph (1). vironmental Quality may issue guidance to fied, may be developed to a higher level of (f) REPORTING STATUS OF OTHER PROJECTS carry out this subsection. detail than other alternatives to facilitate ON DASHBOARD.— (B) NEPA OBLIGATIONS.—An environmental the development of mitigation measures or (1) IN GENERAL.—On request of the Execu- document adopted under subparagraph (A) or concurrent compliance with other applicable tive Director, the Secretary and the Sec- a document that includes documentation in- laws if the lead agency determines that the corporated under subparagraph (A) may retary of the Army shall use best efforts to development of the higher level of detail will serve as the documentation required for an provide information for inclusion on the not prevent— environmental review or a supplemental en- Dashboard on projects subject to section 139 (A) the lead agency from making an impar- vironmental review required to be prepared of title 23, United States Code, and section tial decision as to whether to accept another by a lead agency under NEPA. 2045 of the Water Resources Development alternative that is being considered in the (C) SUPPLEMENTATION OF STATE DOCU- Act of 2007 (33 U.S.C. 2348) likely to require— environmental review; and (A) a total investment of more than MENTS.—If the lead agency adopts or incor- porates analysis and documentation de- (B) the public from commenting on the $200,000,000; and preferred and other alternatives. (B) an environmental impact statement scribed in subparagraph (A), the lead agency under NEPA. shall prepare and publish a supplemental (d) ENVIRONMENTAL REVIEW COMMENTS.— (2) EFFECT OF INCLUSION ON DASHBOARD.— document if the lead agency determines that (1) COMMENTS ON DRAFT ENVIRONMENTAL IM- Inclusion on the Dashboard of information during the period after preparation of the PACT STATEMENT.—For comments by an regarding projects subject to section 139 of analysis and documentation and before the agency or the public on a draft environ- title 23, United States Code, or section 2045 adoption or incorporation— mental impact statement, the lead agency of the Water Resources Development Act of (i) a significant change has been made to shall establish a comment period of not less 2007 (33 U.S.C. 2348) shall not subject those the covered project that is relevant for pur- than 45 days and not more than 60 days after projects to any requirements of this title. poses of environmental review of the project; the date on which a notice announcing avail- or SEC. 61004. INTERSTATE COMPACTS. ability of the environmental impact state- (ii) there has been a significant cir- ment is published in the Federal Register, (a) IN GENERAL.—The consent of Congress cumstance or new information has emerged unless— is given for 3 or more contiguous States to that is relevant to the environmental review enter into an interstate compact estab- (A) the lead agency, the project sponsor, for the covered project. and any cooperating agency agree to a lishing regional infrastructure development (D) COMMENTS.—If a lead agency prepares agencies to facilitate authorization and re- longer deadline; or and publishes a supplemental document (B) the lead agency, in consultation with view of covered projects, under State law or under subparagraph (C), the lead agency in the exercise of delegated permitting au- each cooperating agency, extends the dead- shall solicit comments from other agencies line for good cause. thority described under section 61006, that and the public on the supplemental docu- will advance infrastructure development, (2) OTHER REVIEW AND COMMENT PERIODS.— ment for a period of not more than 45 days, For all other review or comment periods in production, and generation within the States beginning on the date on which the supple- that are parties to the compact. the environmental review process described mental document is published, unless— in parts 1500 through 1508 of title 40, Code of (b) REGIONAL INFRASTRUCTURE.—For the (i) the lead agency, the project sponsor, Federal Regulations (or successor regula- purpose of this title, a regional infrastruc- and any cooperating agency agree to a ture development agency referred to in sub- tions), the lead agency shall establish a com- longer deadline; or ment period of not more than 45 days after section (a) shall have the same authorities (ii) the lead agency extends the deadline and responsibilities of a State agency. the date on which the materials on which for good cause. comment is requested are made available, SEC. 61005. COORDINATION OF REQUIRED RE- (E) NOTICE OF OUTCOME OF ENVIRONMENTAL unless— VIEWS. REVIEW.—A lead agency shall issue a record (A) the lead agency, the project sponsor, (a) CONCURRENT REVIEWS.—To integrate en- of decision or finding of no significant im- and any cooperating agency agree to a vironmental reviews and authorizations, pact, as appropriate, based on the document longer deadline; or each agency shall, to the maximum extent adopted under subparagraph (A) and any sup- (B) the lead agency extends the deadline practicable— plemental document prepared under subpara- for good cause. (1) carry out the obligations of the agency graph (C). with respect to a covered project under any (c) ALTERNATIVES ANALYSIS.— (e) ISSUE IDENTIFICATION AND RESOLU- other applicable law concurrently, and in (1) PARTICIPATION.—As early as practicable TION.— conjunction with, other environmental re- during the environmental review, but not (1) COOPERATION.—The lead agency and views and authorizations being conducted by later than the commencement of scoping for each cooperating and participating agency other cooperating or participating agencies, a project requiring the preparation of an en- shall work cooperatively in accordance with including environmental reviews and author- vironmental impact statement, the lead this section to identify and resolve issues izations required under NEPA, unless the agency, in consultation with each cooper- that could delay completion of an environ- agency determines that doing so would im- ating agency, shall determine the range of mental review or an authorization required pair the ability of the agency to carry out reasonable alternatives to be considered for for the project under applicable law or result the statutory obligations of the agency; and a covered project. in the denial of any approval under applica- (2) formulate and implement administra- (2) RANGE OF ALTERNATIVES.— ble law. tive, policy, and procedural mechanisms to (A) IN GENERAL.—Following participation (2) LEAD AGENCY RESPONSIBILITIES.— enable the agency to ensure completion of under paragraph (1) and subject to subpara- (A) IN GENERAL.—The lead agency shall the environmental review process in a time- graph (B), the lead agency shall determine make information available to each cooper- ly, coordinated, and environmentally respon- the range of reasonable alternatives for con- ating and participating agency and project sible manner. sideration in any document that the lead sponsor as early as practicable in the envi- (b) ADOPTION, INCORPORATION BY REF- agency is responsible for preparing for the ronmental review regarding the environ- ERENCE, AND USE OF DOCUMENTS.— covered project. mental, historic, and socioeconomic re- (1) STATE ENVIRONMENTAL DOCUMENTS; SUP- (B) ALTERNATIVES REQUIRED BY LAW.—In sources located within the project area and PLEMENTAL DOCUMENTS.— determining the range of alternatives under the general locations of the alternatives (A) USE OF EXISTING DOCUMENTS.— subparagraph (A), the lead agency shall in- under consideration. (i) IN GENERAL.—On the request of a project clude all alternatives required to be consid- (B) SOURCES OF INFORMATION.—The infor- sponsor, a lead agency shall consider and, as ered by law. mation described in subparagraph (A) may be appropriate, adopt or incorporate by ref- (3) METHODOLOGIES.— based on existing data sources, including ge- erence, the analysis and documentation that (A) IN GENERAL.—The lead agency shall de- ographic information systems mapping. has been prepared for a covered project under termine, in collaboration with each cooper- (3) COOPERATING AND PARTICIPATING AGENCY State laws and procedures as the documenta- ating agency at appropriate times during the RESPONSIBILITIES.—Each cooperating and tion, or part of the documentation, required environmental review, the methodologies to participating agency shall—

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(f) CATEGORIES OF PROJECTS.—The authori- ization of a covered project, the court shall— (d) ENVIRONMENTAL REVIEW AND PERMIT- ties granted under this section may be exer- (1) consider the effects on public health, TING IMPROVEMENT FUND.— cised for an individual covered project or a safety, and the environment, the potential (1) IN GENERAL.—All amounts collected category of covered projects. for significant job losses, and other economic pursuant to this section shall be deposited SEC. 61006. DELEGATED STATE PERMITTING PRO- harm resulting from an order or injunction; into a separate fund in the Treasury of the GRAMS. and United States to be known as the ‘‘Environ- (a) IN GENERAL.—If a Federal statute per- (2) not presume that the harms described mental Review Improvement Fund’’ (referred mits a Federal agency to delegate to or oth- in paragraph (1) are reparable. to in this section as the ‘‘Fund’’). erwise authorize a State to issue or other- (c) JUDICIAL REVIEW.—Except as provided (2) AVAILABILITY.—Amounts in the Fund wise administer a permit program in lieu of in subsection (a), nothing in this title affects shall be available to the Executive Director, the Federal agency, the Federal agency with the reviewability of any final Federal agency without appropriation or fiscal year limita- authority to carry out the statute shall— action in a court of competent jurisdiction. tion, solely for the purposes of admin- (1) on publication by the Council of best (d) SAVINGS CLAUSE.—Nothing in this istering, implementing, and enforcing this practices under section 61002(c)(2)(B), ini- title— title, including the expenses of the Council. tiate a national process, with public partici- (1) supersedes, amends, or modifies any (3) TRANSFER.—The Executive Director, pation, to determine whether and the extent Federal statute or affects the responsibility with the approval of the Director of the Of- to which any of the best practices are gen- of any Federal officer to comply with or en- fice of Management and Budget, may trans- erally applicable on a delegation- or author- force any statute; or fer amounts in the Fund to other agencies to ization-wide basis to permitting under the (2) creates a presumption that a covered facilitate timely and efficient environmental statute; and project will be approved or favorably re- reviews and authorizations for proposed cov- (2) not later than 2 years after the date of viewed by any agency. ered projects. enactment of this Act, make model rec- (e) LIMITATIONS.—Nothing in this section (e) EFFECT ON PERMITTING.—The regula- ommendations for State modifications of the preempts, limits, or interferes with— tions adopted pursuant to subsection (a) applicable permit program to reflect the best (1) any practice of seeking, considering, or shall ensure that the use of funds accepted practices described in section 61002(c)(2)(B), responding to public comment; or under subsection (d) will not impact impar- as appropriate. (2) any power, jurisdiction, responsibility, tial decision-making with respect to envi- (b) BEST PRACTICES.—Lead and cooperating or authority that a Federal, State, or local ronmental reviews or authorizations, either agencies may share with State, tribal, and governmental agency, metropolitan planning substantively or procedurally. local authorities best practices involved in organization, Indian tribe, or project sponsor (f) TRANSFER OF APPROPRIATED FUNDS.— review of covered projects and invite input has with respect to carrying out a project or (1) IN GENERAL.—The heads of agencies list- from State, tribal, and local authorities re- any other provisions of law applicable to any ed in section 61002(b)(2)(B) shall have the au- garding best practices. project, plan, or program. thority to transfer, in accordance with sec- SEC. 61007. LITIGATION, JUDICIAL REVIEW, AND SEC. 61008. REPORT TO CONGRESS. tion 1535 of title 31, United States Code, SAVINGS PROVISION. (a) IN GENERAL.—Not later than April 15 of funds appropriated to those agencies and not (a) LIMITATIONS ON CLAIMS.— each year for 10 years beginning on the date otherwise obligated to other affected Federal (1) IN GENERAL.—Notwithstanding any of enactment of this Act, the Executive Di- agencies for the purpose of implementing the other provision of law, a claim arising under rector shall submit to Congress a report de- provisions of this title. Federal law seeking judicial review of any tailing the progress accomplished under this (2) LIMITATION.—Appropriations under title authorization issued by a Federal agency for title during the previous fiscal year. 23, United States Code and appropriations for a covered project shall be barred unless— (b) CONTENTS.—The report described in sub- the civil works program of the Army Corps (A) the action is filed not later than 2 section (a) shall assess the performance of of Engineers shall not be available for trans- years after the date of publication in the each participating agency and lead agency fer under paragraph (1). Federal Register of the final record of deci- based on the best practices described in sec- sion or approval or denial of a permit, unless SEC. 61010. APPLICATION. tion 61002(c)(2)(B). a shorter time is specified in the Federal law This title applies to any covered project (c) OPPORTUNITY TO INCLUDE COMMENTS.— for which— under which judicial review is allowed; and Each councilmember, with input from the re- (B) in the case of an action pertaining to (1) a notice is filed under section spective agency CERPO, shall have the op- 61003(a)(1); or an environmental review conducted under portunity to include comments concerning NEPA— (2) an application or other request for a the performance of the agency in the report Federal authorization is pending before a (i) the action is filed by a party that sub- described in subsection (a). mitted a comment during the environmental Federal agency 90 days after the date of en- SEC. 61009. FUNDING FOR GOVERNANCE, OVER- actment of this Act. review or a party that lacked a reasonable SIGHT, AND PROCESSING OF ENVI- opportunity to submit a comment; and SEC. 61011. GAO REPORT. RONMENTAL REVIEWS AND PER- Not later than 3 years after the date of en- (ii) a party filed a sufficiently detailed MITS. actment of this Act, the Comptroller General comment so as to put the lead agency on no- (a) IN GENERAL.—The heads of agencies of the United States shall submit to Con- tice of the issue on which the party seeks ju- listed in section 61002(b)(2)(B), with the guid- gress a report that includes an analysis of dicial review. ance of the Director of the Office of Manage- whether the provisions of this title could be (2) NEW INFORMATION.— ment and Budget and in consultation with adapted to streamline the Federal permit- (A) IN GENERAL.—The head of a lead agency the Executive Director, may, after public no- ting process for smaller projects that are not or participating agency shall consider new tice and opportunity for comment, issue reg- covered projects. information received after the close of a ulations establishing a fee structure for comment period if the information satisfies project proponents to reimburse the United TITLE LXII—ADDITIONAL PROVISIONS the requirements under regulations imple- States for reasonable costs incurred in con- SEC. 62001. HIRE MORE HEROES. menting NEPA. ducting environmental reviews and author- (a) SHORT TITLE.—This section may be (B) SEPARATE ACTION.—If Federal law re- izations for covered projects. cited as the ‘‘Hire More Heroes Act of 2015’’. quires the preparation of a supplemental en- (b) REASONABLE COSTS.—As used in this (b) EMPLOYEES WITH HEALTH COVERAGE vironmental impact statement or other sup- section, the term ‘‘reasonable costs’’ shall UNDER TRICARE OR THE VETERANS ADMINIS- plemental environmental document, the include costs to implement the requirements TRATION NOT TAKEN INTO ACCOUNT IN DETER- preparation of such document shall be con- and authorities required under sections 61002 MINING EMPLOYERS TO WHICH THE EMPLOYER sidered a separate final agency action and and 61003, including the costs to agencies and MANDATE APPLIES UNDER PATIENT PROTEC- the deadline for filing a claim for judicial re- the costs of operating the Council. TION AND AFFORDABLE CARE ACT.—Section view of the agency action shall be 2 years (c) FEE STRUCTURE.—The fee structure es- 4980H(c)(2) of the Internal Revenue Code of after the date on which a notice announcing tablished under subsection (a) shall— 1986 is amended by adding at the end the fol- the final agency action is published in the (1) be developed in consultation with af- lowing: Federal Register, unless a shorter time is fected project proponents, industries, and ‘‘(F) EXEMPTION FOR HEALTH COVERAGE specified in the Federal law under which ju- other stakeholders; UNDER TRICARE OR THE VETERANS ADMINISTRA- dicial review is allowed. (2) exclude parties for which the fee would TION.—Solely for purposes of determining (3) RULE OF CONSTRUCTION.—Nothing in this impose an undue financial burden or is oth- whether an employer is an applicable large subsection creates a right to judicial review erwise determined to be inappropriate; and employer under this paragraph for any

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month, an individual shall not be taken into (b) CONTRACT AUTHORITY.—Section (K) in subparagraph (K), by striking account as an employee for such month if 1002(b)(2) of the Highway and Transportation ‘‘$438,009,863 for the period beginning on Oc- such individual has medical coverage for Funding Act of 2014 (Public Law 113–159; 128 tober 1, 2014, and ending on July 31, 2015,’’ such month under— Stat. 1842; 129 Stat. 220) is amended by strik- and inserting ‘‘$525,900,000 for fiscal year ‘‘(i) chapter 55 of title 10, United States ing ‘‘July 31, 2015’’ and inserting ‘‘September 2015’’. Code, including coverage under the 30, 2015’’. (b) RESEARCH, DEVELOPMENT DEMONSTRA- TRICARE program, or TITLE LXXII—TEMPORARY EXTENSION OF TION AND DEPLOYMENT PROJECTS.—Section ‘‘(ii) under a health care program under PUBLIC TRANSPORTATION PROGRAMS 5338(b) of title 49, United States Code, is chapter 17 or 18 of title 38, United States SEC. 72001. FORMULA GRANTS FOR RURAL amended by striking ‘‘$58,301,370 for the pe- Code, as determined by the Secretary of Vet- AREAS. riod beginning on October 1, 2014, and ending erans Affairs, in coordination with the Sec- Section 5311(c)(1) of title 49, United States on July 31, 2015’’ and inserting ‘‘$70,000,000 retary of Health and Human Services and the Code, is amended— for fiscal year 2015’’. Secretary.’’. (1) in subparagraph (A), by striking ‘‘end- (c) TRANSIT COOPERATIVE RESEARCH PRO- (c) EFFECTIVE DATE.—The amendment ing before’’ and all that follows through GRAM.—Section 5338(c) of title 49, United made by subsection (b) shall apply to months ‘‘July 31, 2015,’’; and States Code, is amended by striking beginning after December 31, 2013. (2) in subparagraph (B), by striking ‘‘end- ‘‘$5,830,137 for the period beginning on Octo- DIVISION G—SURFACE TRANSPORTATION ing before’’ and all that follows through ber 1, 2014, and ending on July 31, 2015’’ and EXTENSION ‘‘July 31, 2015,’’. inserting ‘‘$7,000,000 for fiscal year 2015’’. SEC. 70001. SHORT TITLE. SEC. 72002. APPORTIONMENT OF APPROPRIA- (d) TECHNICAL ASSISTANCE AND STANDARDS This division may cited as the ‘‘Surface TIONS FOR FORMULA GRANTS. DEVELOPMENT.—Section 5338(d) of title 49, Transportation Extension Act of 2015’’. Section 5336(h)(1) of title 49, United States United States Code, is amended by striking Code, is amended by striking ‘‘before October ‘‘$5,830,137 for the period beginning on Octo- TITLE LXXI—EXTENSION OF FEDERAL-AID 1, 2014’’ and all that follows through ‘‘July ber 1, 2014, and ending on July 31, 2015’’ and HIGHWAY PROGRAMS 31, 2015,’’ and inserting ‘‘before October 1, inserting ‘‘$7,000,000 for fiscal year 2015’’. SEC. 71001. EXTENSION OF FEDERAL-AID HIGH- 2015’’. (e) HUMAN RESOURCES AND TRAINING.—Sec- WAY PROGRAMS. SEC. 72003. AUTHORIZATIONS FOR PUBLIC tion 5338(e) of title 49, United States Code, is (a) IN GENERAL.—Section 1001 of the High- TRANSPORTATION. amended by striking ‘‘$4,164,384 for the pe- way and Transportation Funding Act of 2014 (a) FORMULA GRANTS.—Section 5338(a) of riod beginning on October 1, 2014, and ending (Public Law 113–159; 128 Stat. 1840; 129 Stat. title 49, United States Code, is amended— on July 31, 2015’’ and inserting ‘‘$5,000,000 for 219) is amended— (1) in paragraph (1), by striking ‘‘for fiscal fiscal year 2015’’. (1) in subsection (a), by striking ‘‘July 31, year 2014’’ and all that follows and inserting (f) CAPITAL INVESTMENT GRANTS.—Section 2015’’ and inserting ‘‘September 30, 2015’’; ‘‘for fiscal year 2014, and $8,595,000,000 for fis- 5338(g) of title 49, United States Code, is (2) in subsection (b)(1)— cal year 2015.’’; amended by striking ‘‘$1,558,295,890 for the (A) by striking ‘‘July 31, 2015’’ and insert- (2) in paragraph (2)— period beginning on October 1, 2014, and end- ing ‘‘September 30, 2015’’; and (A) in subparagraph (A), by striking ing on July 31, 2015’’ and inserting 304 (B) by striking ‘‘ ⁄365’’ and inserting ‘‘$107,274,521 for the period beginning on Oc- ‘‘$1,907,000,000 for fiscal year 2015’’. 365 ‘‘ ⁄365’’; and tober 1, 2014, and ending on July 31, 2015,’’ (g) ADMINISTRATION.—Section 5338(h) of (3) in subsection (c)— and inserting ‘‘$128,800,000 for fiscal year title 49, United States Code, is amended— (A) in paragraph (1)— 2015’’; (1) in paragraph (1), by striking ‘‘$86,619,178 (i) by striking ‘‘July 31, 2015’’ and inserting (B) in subparagraph (B), by striking ‘‘2013 for the period beginning on October 1, 2014, ‘‘September 30, 2015’’; and and 2014 and $8,328,767 for the period begin- and ending on July 31, 2015’’ and inserting 304 (ii) by striking ‘‘ ⁄365’’ and inserting ning on October 1, 2014, and ending on July ‘‘$104,000,000 for fiscal year 2015’’; 365 ‘‘ ⁄365’’; and 31, 2015,’’ and inserting ‘‘2013, 2014, and 2015’’; (2) in paragraph (2), by striking ‘‘2013 and (B) in paragraph (2)(B), by striking ‘‘by (C) in subparagraph (C), by striking 2014 and not less than $4,164,384 for the period this subsection’’. ‘‘$3,713,505,753 for the period beginning on Oc- beginning on October 1, 2014, and ending on (b) OBLIGATION CEILING.—Section 1102 of tober 1, 2014, and ending on July 31, 2015,’’ July 31, 2015,’’ and inserting ‘‘2013, 2014, and MAP–21 (23 U.S.C. 104 note; Public Law 112– and inserting ‘‘$4,458,650,000 for fiscal year 2015’’; and 141) is amended— 2015’’; (3) in paragraph (3), by striking ‘‘2013 and (1) in subsection (a)(3)— (D) in subparagraph (D), by striking 2014 and not less than $832,877 for the period (A) by striking ‘‘$33,528,284,932’’ and insert- ‘‘$215,132,055 for the period beginning on Oc- beginning on October 1, 2014, and ending on ing ‘‘$40,256,000,000’’; and tober 1, 2014, and ending on July 31, 2015,’’ July 31, 2015,’’ and inserting ‘‘2013, 2014, and (B) by striking ‘‘July 31, 2015’’ and insert- and inserting ‘‘$258,300,000 for fiscal year 2015’’. ing ‘‘September 30, 2015’’; 2015’’; (2) in subsection (b)(12)— SEC. 72004. BUS AND BUS FACILITIES FORMULA (E) in subparagraph (E)— GRANTS. (A) by striking ‘‘July 31, 2015’’ and insert- (i) by striking ‘‘$506,222,466 for the period Section 5339(d)(1) of title 49, United States ing ‘‘September 30, 2015’’; and beginning on October 1, 2014, and ending on Code, is amended— (B) by striking ‘‘304⁄365’’ and inserting July 31, 2015,’’ and inserting ‘‘$607,800,000 for (1) by striking ‘‘2013 and 2014 and $54,553,425 ‘‘365⁄365’’; fiscal year 2015’’; for the period beginning on October 1, 2014, (3) in subsection (c)— (ii) by striking ‘‘$24,986,301 for the period and ending on July 31, 2015,’’ and inserting (A) in the matter preceding paragraph (1), beginning on October 1, 2014, and ending on ‘‘2013, 2014, and 2015’’; by striking ‘‘July 31, 2015’’ and inserting July 31, 2015,’’ and inserting ‘‘$30,000,000 for (2) by striking ‘‘and $1,041,096 for such pe- ‘‘September 30, 2015’’; and fiscal year 2015’’; and riod’’; and (B) in paragraph (2)— (iii) by striking ‘‘$16,657,534 for the period (3) by striking ‘‘and $416,438 for such pe- (i) by striking ‘‘July 31, 2015’’ and inserting beginning on October 1, 2014, and ending on riod’’. ‘‘September 30, 2015’’; and July 31, 2015,’’ and inserting ‘‘$20,000,000 for (ii) by striking ‘‘304⁄365’’ and inserting fiscal year 2015’’; TITLE LXXIII—EXTENSION OF HIGHWAY ‘‘365⁄365’’; and (F) in subparagraph (F), by striking ‘‘2013 SAFETY PROGRAMS (4) in subsection (f)(1), in the matter pre- and 2014 and $2,498,630 for the period begin- Subtitle A—Extension of Highway Safety ceding subparagraph (A), by striking ‘‘July ning on October 1, 2014, and ending on July Programs 31, 2015’’ and inserting ‘‘September 30, 2015’’. 31, 2015,’’ and inserting ‘‘2013, 2014, and 2015’’; SEC. 73101. EXTENSION OF NATIONAL HIGHWAY (c) TRIBAL HIGH PRIORITY PROJECTS PRO- (G) in subparagraph (G), by striking ‘‘2013 TRAFFIC SAFETY ADMINISTRATION GRAM.—Section 1123(h)(1) of MAP-21 (23 and 2014 and $4,164,384 for the period begin- HIGHWAY SAFETY PROGRAMS. U.S.C. 202 note; Public Law 112–141) is ning on October 1, 2014, and ending on July (a) EXTENSION OF PROGRAMS.— amended— 31, 2015,’’ and inserting ‘‘2013, 2014, and 2015’’; (1) HIGHWAY SAFETY PROGRAMS.—Section (1) by striking ‘‘$24,986,301’’ and inserting (H) in subparagraph (H), by striking ‘‘2013 31101(a)(1)(C) of MAP–21 (126 Stat. 733) is ‘‘$30,000,000’’; and and 2014 and $3,206,575 for the period begin- amended to read as follows: (2) by striking ‘‘July 31, 2015’’ and inserting ning on October 1, 2014, and ending on July ‘‘(C) $235,000,000 for fiscal year 2015.’’. ‘‘September 30, 2015’’. 31, 2015,’’ and inserting ‘‘2013, 2014, and 2015’’; (2) HIGHWAY SAFETY RESEARCH AND DEVEL- SEC. 71002. ADMINISTRATIVE EXPENSES. (I) in subparagraph (I), by striking OPMENT.—Section 31101(a)(2)(C) of MAP–21 (a) AUTHORIZATION OF CONTRACT AUTHOR- ‘‘$1,803,927,671 for the period beginning on Oc- (126 Stat. 733) is amended to read as follows: ITY.—Section 1002(a) of the Highway and tober 1, 2014, and ending on July 31, 2015,’’ ‘‘(C) $113,500,000 for fiscal year 2015.’’. Transportation Funding Act of 2014 (Public and inserting ‘‘$2,165,900,000 for fiscal year (3) NATIONAL PRIORITY SAFETY PROGRAMS.— Law 113–159; 128 Stat. 1842; 129 Stat. 220) is 2015’’; Section 31101(a)(3)(C) of MAP–21 (126 Stat. amended— (J) in subparagraph (J), by striking 733) is amended to read as follows: (1) by striking ‘‘$366,465,753’’ and inserting ‘‘$356,304,658 for the period beginning on Oc- ‘‘(C) $272,000,000 for fiscal year 2015.’’. ‘‘$440,000,000’’; and tober 1, 2014, and ending on July 31, 2015,’’ (4) NATIONAL DRIVER REGISTER.—Section (2) by striking ‘‘July 31, 2015’’ and inserting and inserting ‘‘$427,800,000 for fiscal year 31101(a)(4)(C) of MAP–21 (126 Stat. 733) is ‘‘September 30, 2015’’. 2015’’; and amended to read as follows:

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S6036 CONGRESSIONAL RECORD — SENATE July 27, 2015 ‘‘(C) $5,000,000 for fiscal year 2015.’’. on July 31, 2015’’ and inserting ‘‘each of fiscal (1) by striking ‘‘August 1, 2015’’ in sub- (5) HIGH VISIBILITY ENFORCEMENT PRO- years 2013 through 2015’’. sections (b)(6)(B), (c)(1), and (e)(3) and insert- GRAM.— (d) HIGH-PRIORITY ACTIVITIES.—Section ing ‘‘October 1, 2015’’, and (A) AUTHORIZATION OF APPROPRIATIONS.— 31104(k)(2) of title 49, United States Code, is (2) by striking ‘‘Highway and Transpor- Section 31101(a)(5)(C) of MAP–21 (126 Stat. amended by striking ‘‘each of fiscal years tation Funding Act of 2015’’ in subsections 733) is amended to read as follows: 2006 through 2014 and up to $12,493,151 for the (c)(1) and (e)(3) and inserting ‘‘Surface ‘‘(C) $29,000,000 for fiscal year 2015.’’. period beginning on October 1, 2014, and end- Transportation Extension Act of 2015’’. (B) LAW ENFORCEMENT CAMPAIGNS.—Section ing on July 31, 2015,’’ and inserting ‘‘each of (b) SPORT FISH RESTORATION AND BOATING 2009(a) of SAFETEA–LU (23 U.S.C. 402 note) fiscal years 2006 through 2015’’. TRUST FUND.—Section 9504 of the Internal is amended— (e) NEW ENTRANT AUDITS.—Section Revenue Code of 1986 is amended— (i) in the first sentence, by striking ‘‘and 31144(g)(5)(B) of title 49, United States Code, (1) by striking ‘‘Highway and Transpor- 2014 and in the period beginning on October is amended by striking ‘‘per fiscal year and tation Funding Act of 2015’’ each place it ap- 1, 2014, and ending on July 31, 2015’’ and in- up to $26,652,055 for the period beginning on pears in subsection (b)(2) and inserting ‘‘Sur- serting ‘‘through 2015’’; and October 1, 2014, and ending on July 31, 2015,’’ face Transportation Extension Act of 2015’’, (ii) in the second sentence, by striking and inserting ‘‘per fiscal year’’. and ‘‘and 2014 and in the period beginning on Oc- (f) OUTREACH AND EDUCATION.—Section (2) by striking ‘‘August 1, 2015’’ in sub- tober 1, 2014, and ending on July 31, 2015,’’ 4127(e) of SAFETEA–LU (119 Stat. 1741) is section (d)(2) and inserting ‘‘October 1, 2015’’. and inserting ‘‘through 2015’’. amended by striking ‘‘each of fiscal years (c) LEAKING UNDERGROUND STORAGE TANK (6) ADMINISTRATIVE EXPENSES.—Section 2013 and 2014 and $3,331,507 to the Federal TRUST FUND.—Paragraph (2) of section 31101(a)(6)(C) of MAP–21 (126 Stat. 733) is Motor Carrier Safety Administration for the 9508(e) of the Internal Revenue Code of 1986 is amended to read as follows: period beginning on October 1, 2014, and end- amended by striking ‘‘August 1, 2015’’ and in- ‘‘(C) $25,500,000 for fiscal year 2015.’’. ing on July 31, 2015,’’ and inserting ‘‘each of serting ‘‘October 1, 2015’’. (d) EFFECTIVE DATE.—The amendments (b) COOPERATIVE RESEARCH AND EVALUA- fiscal years 2013 through 2015’’. made by this section shall take effect on Au- TION.—Section 403(f)(1) of title 23, United (g) GRANT PROGRAM FOR COMMERCIAL gust 1, 2015. States Code, is amended by striking ‘‘under MOTOR VEHICLE OPERATORS.—Section 4134(c) subsection 402(c) in each fiscal year ending of SAFETEA–LU (49 U.S.C. 31301 note) is DIVISION H—BUDGETARY EFFECTS before October 1, 2014, and $2,082,192 of the amended by striking ‘‘each of fiscal years SEC. 80001. BUDGETARY EFFECTS. total amount available for apportionment to 2005 through 2014 and $832,877 for the period The budgetary effects of this Act, for the the States for highway safety programs beginning on October 1, 2014, and ending on purpose of complying with the Statutory under section 402(c) in the period beginning July 31, 2015’’ and inserting ‘‘each of fiscal Pay-As-You-Go-Act of 2010, shall be deter- on October 1, 2014, and ending on July 31, years 2005 through 2015’’. mined by reference to the latest statement 2015,’’ and inserting ‘‘under section 402(c) in titled ‘‘Budgetary Effects of PAYGO Legisla- SEC. 73103. DINGELL-JOHNSON SPORT FISH RES- each fiscal year ending before October 1, TORATION ACT. tion’’ for this Act, submitted for printing in 2015,’’. Section 4 of the Dingell-Johnson Sport the Congressional Record by the Chairman of (c) APPLICABILITY OF TITLE 23.—Section Fish Restoration Act (16 U.S.C. 777c) is the Senate Budget Committee, provided that 31101(c) of MAP–21 (126 Stat. 733) is amended such statement has been submitted prior to amended— by striking ‘‘fiscal years 2013 and 2014 and for the vote on passage. (1) in subsection (a), in the matter pre- the period beginning on October 1, 2014, and ceding paragraph (1) by striking ‘‘each fiscal SEC. 80002. MAINTENANCE OF HIGHWAY TRUST ending on July 31, 2015,’’ and inserting ‘‘each FUND CASH BALANCE. year through 2014 and for the period begin- of fiscal years 2013 through 2015’’. (a) DEFINITIONS.—In this section: ning on October 1, 2014, and ending on July SEC. 73102. EXTENSION OF FEDERAL MOTOR CAR- (1) HIGHWAY ACCOUNT.—The term ‘‘Highway 31, 2015,’’ and inserting ‘‘each fiscal year RIER SAFETY ADMINISTRATION PRO- Account’’ has the meaning given the term in through 2015’’; and GRAMS. section 9503(e)(5)(B) of the Internal Revenue (2) in subsection (b)(1)(A) by striking ‘‘for (a) MOTOR CARRIER SAFETY GRANTS.—Sec- Code of 1986. each fiscal year ending before October 1, 2014, tion 31104(a)(10) of title 49, United States (2) HIGHWAY TRUST FUND.—The term ‘‘High- and for the period beginning on October 1, Code, is amended to read as follows: way Trust Fund’’ means the Highway Trust 2014, and ending on July 31, 2015,’’ and insert- ‘‘(10) $218,000,000 for fiscal year 2015.’’. Fund established by section 9503(a) of the In- ing ‘‘for each fiscal year ending before Octo- (b) ADMINISTRATIVE EXPENSES.—Section ternal Revenue Code of 1986. ber 1, 2015’’. 31104(i)(1)(J) of title 49, United States Code, (3) MASS TRANSIT ACCOUNT.—The term is amended to read as follows: Subtitle B—Hazardous Materials ‘‘Mass Transit Account’’ means the Mass ‘‘(J) $259,000,000 for fiscal year 2015.’’. SEC. 73201. AUTHORIZATION OF APPROPRIA- Transit Account established by section (c) GRANT PROGRAMS.— TIONS. 9503(e)(1) of the Internal Revenue Code of (1) COMMERCIAL DRIVER’S LICENSE PROGRAM (a) IN GENERAL.—Section 5128(a)(3) of title 1986. IMPROVEMENT GRANTS.—Section 4101(c)(1) of 49, United States Code, is amended to read as (b) RESTRICTION ON OBLIGATIONS.—If the SAFETEA–LU (119 Stat. 1715) is amended by follows: Secretary, in consultation with the Sec- striking ‘‘each of fiscal years 2013 and 2014 ‘‘(3) $42,762,000 for fiscal year 2015.’’. retary of the Treasury, determines under the and $24,986,301 for the period beginning on (b) HAZARDOUS MATERIALS EMERGENCY test or reevaluation described under sub- October 1, 2014, and ending on July 31, 2015’’ PREPAREDNESS FUND.—Section 5128(b)(2) of section (c) or (d) that the projected cash bal- and inserting ‘‘each of fiscal years 2013 title 49, United States Code, is amended to ances of either the Highway Account or the through 2015’’. read as follows: Mass Transit Account of the Highway Trust (2) BORDER ENFORCEMENT GRANTS.—Section ‘‘(2) FISCAL YEAR 2015.—From the Hazardous Fund will fall below the levels described in 4101(c)(2) of SAFETEA–LU (119 Stat. 1715) is Materials Emergency Preparedness Fund es- subparagraph (A) or (B) of subsection (c)(2) amended by striking ‘‘each of fiscal years tablished under section 5116(i), the Secretary at any time during the fiscal year for which 2013 and 2014 and $26,652,055 for the period be- may expend during fiscal year 2015— that determination applies, the Secretary ginning on October 1, 2014, and ending on ‘‘(A) $188,000 to carry out section 5115; shall not approve any obligation of funds au- July 31, 2015’’ and inserting ‘‘each of fiscal ‘‘(B) $21,800,000 to carry out subsections (a) thorized out of the Highway Account or the years 2013 through 2015’’. and (b) of section 5116, of which not less than Mass Transit Account of the Highway Trust (3) PERFORMANCE AND REGISTRATION INFOR- $13,650,000 shall be available to carry out sec- Fund during that fiscal year. MATION SYSTEM MANAGEMENT GRANT PRO- (c) CASH BALANCE TEST.—On July 15 prior tion 5116(b); GRAM.—Section 4101(c)(3) of SAFETEA–LU to the beginning of each of fiscal years 2019 ‘‘(C) $150,000 to carry out section 5116(f); (119 Stat. 1715) is amended by striking ‘‘each through 2021, the Secretary, in consultation ‘‘(D) $625,000 to publish and distribute the of fiscal years 2013 and 2014 and $4,164,384 for with the Secretary of the Treasury, shall— Emergency Response Guidebook under sec- the period beginning on October 1, 2014, and (1) based on data available for the tion 5116(i)(3); and ending on July 31, 2015’’ and inserting ‘‘each midsession review described under section ‘‘(E) $1,000,000 to carry out section 5116(j).’’. of fiscal years 2013 through 2015’’. 1106 of title 31, United States Code, estimate (c) HAZARDOUS MATERIALS TRAINING (4) COMMERCIAL VEHICLE INFORMATION SYS- the projected cash balances of the Highway GRANTS.—Section 5128(c) of title 49, United TEMS AND NETWORKS DEPLOYMENT PROGRAM.— Account and the Mass Transit Account of States Code, is amended by striking ‘‘each of Section 4101(c)(4) of SAFETEA–LU (119 Stat. the Highway Trust Fund for the upcoming fiscal years 2013 and 2014 and $3,331,507 for 1715) is amended by striking ‘‘each of fiscal fiscal year; and the period beginning on October 1, 2014, and years 2013 and 2014 and $20,821,918 for the pe- (2) determine if those cash balances— ending on July 31, 2015,’’ and inserting ‘‘each riod beginning on October 1, 2014, and ending (A) are projected to fall below the amount of fiscal years 2013 through 2015’’. on July 31, 2015’’ and inserting ‘‘each of fiscal of $4,000,000,000 at any time during that up- years 2013 through 2015’’. TITLE LXXIV—REVENUE PROVISIONS coming fiscal year in the Highway Account (5) SAFETY DATA IMPROVEMENT GRANTS.— SEC. 74001. EXTENSION OF TRUST FUND EXPEND- of the Highway Trust Fund; or Section 4101(c)(5) of SAFETEA–LU (119 Stat. ITURE AUTHORITY. (B) are projected to fall below the amount 1715) is amended by striking ‘‘each of fiscal (a) HIGHWAY TRUST FUND.—Section 9503 of of $1,000,000,000 at any time during that up- years 2013 and 2014 and $2,498,630 for the pe- the Internal Revenue Code of 1986 is amend- coming fiscal year in the Mass Transit Ac- riod beginning on October 1, 2014, and ending ed— count of the Highway Trust Fund.

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(d) REEVALUATION.—The Secretary shall budget, the rescission of contract authority ‘‘(1) ESTABLISHMENT.—There is established conduct the test described under subsection that is provided under this Act or an amend- an Office of Ethics within the Bank, which (c) again during a respective fiscal year— ment made by this Act for fiscal year 2019, shall oversee all ethics issues within the (1) if a law is enacted that provides addi- 2020, or 2021 shall not be counted. Bank. tional revenues, deposits, or transfers to the DIVISION I—EXPORT-IMPORT BANK OF ‘‘(2) HEAD OF OFFICE.— Highway Trust Fund; or THE UNITED STATES ‘‘(A) IN GENERAL.—The head of the Office of (2) when the President submits to Congress Ethics shall be the Chief Ethics Officer, who under section 1105(a) of title 31, United SEC. 90001. SHORT TITLE. shall report to the Board of Directors. This division may be cited as the ‘‘Export- States Code, updated outlay estimates or ‘‘(B) APPOINTMENT.—Not later than 180 revenue projections related to the Highway Import Bank Reform and Reauthorization days after the date of the enactment of the Trust Fund. Act of 2015’’. Export-Import Bank Reform and Reauthor- (e) NOTIFICATION.—Not later than 15 days TITLE XCI—TAXPAYER PROTECTION PRO- ization Act of 2015, the Chief Ethics Officer after a determination is made under sub- VISIONS AND INCREASED ACCOUNT- shall be— section (c) or (d), the Secretary shall provide ABILITY ‘‘(i) appointed by the President of the Bank notification of the determination to— SEC. 91001. REDUCTION IN AUTHORIZED AMOUNT from among persons— (1) the Committee on Environment and OF OUTSTANDING LOANS, GUARAN- ‘‘(I) with a background in law who have ex- Public Works of the Senate; TEES, AND INSURANCE. perience in the fields of law and ethics; and (2) the Committee on Transportation and Section 6(a) of the Export-Import Bank ‘‘(II) who are not serving in a position re- Infrastructure of the House of Representa- Act of 1945 (12 U.S.C. 635e(a)) is amended— quiring appointment by the President of the tives; (1) by redesignating paragraph (3) as para- United States before being appointed to be (3) the Committee on Banking, Housing, graph (4); and Chief Ethics Officer; and and Urban Affairs of the Senate; (2) by striking paragraph (2) and inserting ‘‘(ii) approved by the Board. (4) the Committee on Commerce, Science, the following: ‘‘(C) DESIGNATED AGENCY ETHICS OFFICIAL.— and Transportation of the Senate; and ‘‘(2) APPLICABLE AMOUNT DEFINED.—In this The Chief Ethics Officer shall serve as the (5) State transportation departments and subsection, the term ‘applicable amount’, for designated agency ethics official for the designated recipients. each of fiscal years 2015 through 2019, means Bank pursuant to the Ethics in Government (f) EXCEPTIONS.—Notwithstanding sub- $135,000,000,000. Act of 1978 (5 U.S.C. App. 101 et seq.). section (b), the Secretary shall approve obli- ‘‘(3) FREEZING OF LENDING CAP IF DEFAULT ‘‘(3) DUTIES.—The Office of Ethics has ju- gations in every fiscal year for— RATE IS 2 PERCENT OR MORE.—If the rate cal- risdiction over all employees of, and ethics (1) administrative expenses of the Federal culated under section 8(g)(1) is 2 percent or matters relating to, the Bank. With respect Highway Administration, including any ad- more for a quarter, the Bank may not exceed to employees of the Bank, the Office of Eth- ministrative expenses funded under— the amount of loans, guarantees, and insur- ics shall— (A) section 104(a) of title 23, United States ance outstanding on the last day of that ‘‘(A) recommend administrative actions to Code; quarter until the rate calculated under sec- establish or enforce standards of official con- (B) the tribal transportation program tion 8(g)(1) is less than 2 percent.’’. duct; under section 202(a)(6), of title 23, United SEC. 91002. INCREASE IN LOSS RESERVES. ‘‘(B) refer to the Office of the Inspector States Code; General of the Bank alleged violations of— (a) IN GENERAL.—Section 6 of the Export- (C) the Federal lands transportation pro- Import Bank Act of 1945 (12 U.S.C. 635e) is ‘‘(i) the standards of ethical conduct appli- gram under section 203 of title 23, United amended— cable to employees of the Bank under parts States Code; and (1) by redesignating subsection (b) as sub- 2635 and 6201 of title 5, Code of Federal Regu- lations; (D) chapter 6 of title 23, United States section (c); and ‘‘(ii) the standards of ethical conduct es- Code; (2) by inserting after subsection (a) the fol- tablished by the Chief Ethics Officer; and (2) funds for the national highway perform- lowing: ance program under section 119 of title 23, ‘‘(iii) any other laws, rules, or regulations ‘‘(b) RESERVE REQUIREMENT.—The Bank governing the performance of official duties United States Code, that are exempt from shall build to and hold in reserve, to protect or the discharge of official responsibilities the limitation on obligations; against future losses, an amount that is not that are applicable to employees of the (3) the emergency relief program under less than 5 percent of the aggregate amount Bank; section 125 of title 23, United States Code; of disbursed and outstanding loans, guaran- ‘‘(C) report to appropriate Federal or State (4) the administrative expenses of the Na- tees, and insurance of the Bank.’’. authorities substantial evidence of a viola- tional Highway Traffic Safety Administra- (b) EFFECTIVE DATE.—The amendment tion of any law applicable to the perform- tion in carrying out chapter 4 of title 23, made by subsection (a) shall take effect on ance of official duties that may have been United States Code; the date that is one year after the date of the disclosed to the Office of Ethics; and (5) the highway safety programs under sec- enactment of this Act. tion 402 of title 23, United States Code, and ‘‘(D) render advisory opinions regarding SEC. 91003. REVIEW OF FRAUD CONTROLS. national priority safety programs under sec- the propriety of any current or proposed con- Section 17(b) of the Export-Import Bank tion 405 of title 23, United States Code; duct of an employee or contractor of the Reauthorization Act of 2012 (12 U.S.C. 635a– (6) the high visibility enforcement program Bank, and issue general guidance on such 6(b)) is amended to read as follows: under section 2009 of SAFETEA-LU (23 matters as necessary.’’. ‘‘(b) REVIEW OF FRAUD CONTROLS.—Not U.S.C. 402 note; Public Law 109–59); SEC. 91005. CHIEF RISK OFFICER. later than 4 years after the date of the enact- (7) the highway safety research and devel- Section 3 of the Export-Import Bank Act of ment of the Export-Import Bank Reform and opment program under section 403 of title 23, 1945 (12 U.S.C. 635a), as amended by section Reauthorization Act of 2015, and every 4 United States Code; 91004, is further amended by adding at the years thereafter, the Comptroller General of (8) the national driver register under chap- end the following: the United States shall— ter 303 of title 49, United States Code; ‘‘(l) CHIEF RISK OFFICER.— ‘‘(1) review the adequacy of the design and (9) the motor carrier safety assistance pro- ‘‘(1) IN GENERAL.—There shall be a Chief effectiveness of the controls used by the Ex- gram under section 31102 of title 49, United Risk Officer of the Bank, who shall— port-Import Bank of the United States to States Code; ‘‘(A) oversee all issues relating to risk prevent, detect, and investigate fraudulent (10) the administrative expenses of the within the Bank; and applications for loans and guarantees and Federal Motor Carrier Safety Administra- ‘‘(B) report to the President of the Bank. the compliance by the Bank with the con- tion under section 31110 of title 49, United ‘‘(2) APPOINTMENT.—Not later than 180 days trols, including by auditing a sample of Bank States Code; and after the date of the enactment of the Ex- transactions; and (11) the administrative expenses of the port-Import Bank Reform and Reauthoriza- ‘‘(2) submit a written report regarding the Federal Transit Administration funded tion Act of 2015, the Chief Risk Officer shall findings of the review and providing such under section 5338(h) of title 49, United be— recommendations with respect to the con- States Code, to carry out section 5329 of title ‘‘(A) appointed by the President of the trols described in paragraph (1) as the Comp- 49, United States Code. Bank from among persons— troller General deems appropriate to— ‘‘(i) with a demonstrated ability in the SEC. 80003. PROHIBITION ON RESCISSIONS OF ‘‘(A) the Committee on Banking, Housing, CERTAIN CONTRACT AUTHORITY. general management of, and knowledge of For purposes of the enforcement of a point and Urban Affairs and the Committee on Ap- and extensive practical experience in, finan- of order established under the Congressional propriations of the Senate; and cial risk evaluation practices in large gov- Budget Act of 1974 (2 U.S.C. 621 et seq.), the ‘‘(B) the Committee on Financial Services ernmental or business entities; and determination of levels under the Balanced and the Committee on Appropriations of the ‘‘(ii) who are not serving in a position re- Budget and Emergency Deficit Control Act House of Representatives.’’. quiring appointment by the President of the of 1985 (2 U.S.C. 900 et seq.) or the Statutory SEC. 91004. OFFICE OF ETHICS. United States before being appointed to be Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et Section 3 of the Export-Import Bank Act of Chief Risk Officer; and seq.), and the enforcement of a point of order 1945 (12 U.S.C. 635a) is amended by adding at ‘‘(B) approved by the Board. established under or the determination of the end the following: ‘‘(3) DUTIES.—The duties of the Chief Risk levels under a concurrent resolution on the ‘‘(k) OFFICE OF ETHICS.— Officer are—

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S6038 CONGRESSIONAL RECORD — SENATE July 27, 2015 ‘‘(A) to be responsible for all matters re- SEC. 91008. PILOT PROGRAM FOR REINSURANCE. manner so as not to undermine any potential lated to managing and mitigating all risk to (a) IN GENERAL.—Notwithstanding any pro- civil or criminal enforcement related to the which the Bank is exposed, including the vision of the Export-Import Bank Act of 1945 transactions; and programs and operations of the Bank; (12 U.S.C. 635 et seq.), the Export-Import ‘‘(ii) to accept electronic payments in all ‘‘(B) to establish policies and processes for Bank of the United States (in this section re- of its programs.’’. ferred to as the ‘‘Bank’’) may establish a risk oversight, the monitoring of manage- SEC. 93002. REAUTHORIZATION OF INFORMATION ment compliance with risk limits, and the pilot program under which the Bank may TECHNOLOGY UPDATING. management of risk exposures and risk con- enter into contracts and other arrangements Section 3(j) of the Export-Import Act of trols across the Bank; to share risks associated with the provision 1945 (12 U.S.C. 635a(j)) is amended— ‘‘(C) to be responsible for the planning and of guarantees, insurance, or credit, or the (1) in paragraph (1), in the matter pre- execution of all Bank risk management ac- participation in the extension of credit, by ceding subparagraph (A), by striking ‘‘2012, tivities, including policies, reporting, and the Bank under that Act. 2013, and 2014’’ and inserting ‘‘2015 through systems to achieve strategic risk objectives; (b) LIMITATIONS ON AMOUNT OF RISK-SHAR- 2019’’; ‘‘(D) to develop an integrated risk manage- ING.— (2) in paragraph (2)(B), by striking ‘‘(I) the ment program that includes identifying, (1) PER CONTRACT OR OTHER ARRANGE- funds’’ and inserting ‘‘(i) the funds’’; and prioritizing, measuring, monitoring, and MENT.—The aggregate amount of liability (3) in paragraph (3), by striking ‘‘2012, 2013, managing internal control and operating the Bank may transfer through risk-sharing and 2014’’ and inserting ‘‘2015 through 2019’’. risks and other identified risks; pursuant to a contract or other arrangement ‘‘(E) to ensure that the process for risk as- entered into under subsection (a) may not TITLE XCIV—GENERAL PROVISIONS exceed $1,000,000,000. sessment and underwriting for individual SEC. 94001. EXTENSION OF AUTHORITY. transactions considers how each such trans- (2) PER YEAR.—The aggregate amount of li- action considers the effect of the transaction ability the Bank may transfer through risk- (a) IN GENERAL.—Section 7 of the Export- on the concentration of exposure in the over- sharing during a fiscal year pursuant to con- Import Bank Act of 1945 (12 U.S.C. 635f) is all portfolio of the Bank, taking into ac- tracts or other arrangements entered into amended by striking ‘‘2014’’ and inserting count fees, collateralization, and historic de- under subsection (a) during that fiscal year ‘‘2019’’. fault rates; and may not exceed $10,000,000,000. (b) DUAL-USE EXPORTS.—Section 1(c) of ‘‘(F) to review the adequacy of the use by (c) ANNUAL REPORTS.—Not later than one Public Law 103–428 (12 U.S.C. 635 note) is the Bank of qualitative metrics to assess the year after the date of the enactment of this amended by striking ‘‘September 30, 2014’’ risk of default under various scenarios.’’. Act, and annually thereafter through 2019, and inserting ‘‘the date on which the author- SEC. 91006. RISK MANAGEMENT COMMITTEE. the Bank shall submit to Congress a written ity of the Export-Import Bank of the United (a) IN GENERAL.—Section 3 of the Export- report that contains a detailed analysis of States expires under section 7 of the Export- Import Bank Act of 1945 (12 U.S.C. 635a), as the use of the pilot program carried out Import Bank Act of 1945 (12 U.S.C. 635f)’’. amended by sections 91004 and 91005, is fur- under subsection (a) during the year pre- (c) SUB-SAHARAN AFRICA ADVISORY COM- ther amended by adding at the end the fol- ceding the submission of the report. MITTEE.—Section 2(b)(9)(B)(iii) of the Export- lowing: (d) RULE OF CONSTRUCTION.—Nothing in Import Bank Act of 1945 (12 U.S.C. ‘‘(m) RISK MANAGEMENT COMMITTEE.— this section shall be construed to affect, im- 635(b)(9)(B)(iii)) is amended by striking ‘‘Sep- ‘‘(1) ESTABLISHMENT.—There is established pede, or revoke any authority of the Bank. tember 30, 2014’’ and inserting ‘‘the date on a management committee to be known as (e) TERMINATION.—The pilot program car- which the authority of the Bank expires the ‘Risk Management Committee’. ried out under subsection (a) shall terminate under section 7’’. on September 30, 2019. ‘‘(2) MEMBERSHIP.—The membership of the (d) EFFECTIVE DATE.—The amendments Risk Management Committee shall be the TITLE XCII—PROMOTION OF SMALL made by this section shall take effect on the members of the Board of Directors, with the BUSINESS EXPORTS earlier of the date of the enactment of this President and First Vice President of the SEC. 92001. INCREASE IN SMALL BUSINESS LEND- Act or June 30, 2015. Bank serving as ex officio members. ING REQUIREMENTS. SEC. 94002. CERTAIN UPDATED LOAN TERMS AND ‘‘(3) DUTIES.—The duties of the Risk Man- (a) IN GENERAL.—Section 2(b)(1)(E)(v) of AMOUNTS. agement Committee shall be— the Export-Import Bank Act of 1945 (12 (a) LOAN TERMS FOR MEDIUM-TERM FINANC- ‘‘(A) to oversee, in conjunction with the U.S.C. 635(b)(1)(E)(v)) is amended by striking ING.—Section 2(a)(2)(A) of the Export-Import Office of the Chief Financial Officer of the ‘‘20 percent’’ and inserting ‘‘25 percent’’. Bank Act of 1945 (12 U.S.C. 635(a)(2)(A)) is Bank— (b) EFFECTIVE DATE.—The amendment ‘‘(i) periodic stress testing on the entire made by subsection (a) shall apply with re- amended— Bank portfolio, reflecting different market, spect to fiscal year 2016 and each fiscal year (1) in clause (i), by striking ‘‘; and’’ and in- industry, and macroeconomic scenarios, and thereafter. serting a semicolon; and consistent with common practices of com- (2) by adding at the end the following: SEC. 92002. REPORT ON PROGRAMS FOR SMALL ‘‘(iii) with principal amounts of not more mercial and multilateral development banks; AND MEDIUM-SIZED BUSINESSES. than $25,000,000; and’’. and (a) IN GENERAL.—Section 8 of the Export- ‘‘(ii) the monitoring of industry, geo- Import Bank Act of 1945 (12 U.S.C. 635g) is (b) COMPETITIVE OPPORTUNITIES RELATING graphic, and obligor exposure levels; and amended by adding at the end the following: TO INSURANCE.—Section 2(d)(2) of the Export- ‘‘(B) to review all required reports on the ‘‘(k) REPORT ON PROGRAMS FOR SMALL AND Import Bank Act of 1945 (12 U.S.C. 635(d)(2)) default rate of the Bank before submission to MEDIUM-SIZED BUSINESSES.—The Bank shall is amended by striking ‘‘$10,000,000’’ and in- Congress under section 8(g).’’. include in its annual report to Congress serting ‘‘$25,000,000’’. (b) TERMINATION OF AUDIT COMMITTEE.— under subsection (a) a report on the pro- (c) EXPORT AMOUNTS FOR SMALL BUSINESS Not later than 180 days after the date of the grams of the Bank for United States busi- LOANS.—Section 3(g)(3) of the Export-Import enactment of this Act, the Board of Direc- nesses with less than $250,000,000 in annual Bank Act of 1945 (12 U.S.C. 635a(g)(3)) is tors of the Export-Import Bank of the United sales.’’. amended by striking ‘‘$10,000,000’’ and insert- States shall revise the bylaws of the Bank to (b) EFFECTIVE DATE.—The amendment ing ‘‘$25,000,000’’. terminate the Audit Committee established made by subsection (a) shall apply with re- (d) CONSIDERATION OF ENVIRONMENTAL EF- by section 7 of the bylaws. spect to the report of the Export-Import FECTS.—Section 11(a)(1)(A) of the Export-Im- SEC. 91007. INDEPENDENT AUDIT OF BANK PORT- Bank of the United States submitted to Con- port Bank Act of 1945 (12 U.S.C. 635i– FOLIO. gress under section 8 of the Export-Import 5(a)(1)(A)) is amended by striking ‘‘$10,000,000 (a) AUDIT.—The Inspector General of the Bank Act of 1945 (12 U.S.C. 635g) for the first or more’’ and inserting the following: Export-Import Bank of the United States year that begins after the date of the enact- ‘‘$25,000,000 (or, if less than $25,000,000, the shall conduct an audit or evaluation of the ment of this Act. portfolio risk management procedures of the threshold established pursuant to inter- Bank, including a review of the implementa- TITLE XCIII—MODERNIZATION OF national agreements, including the Common tion by the Bank of the duties assigned to OPERATIONS Approaches for Officially Supported Export the Chief Risk Officer under section 3(l) of SEC. 93001. ELECTRONIC PAYMENTS AND DOCU- Credits and Environmental and Social Due the Export-Import Bank Act of 1945, as MENTS. Diligence, as adopted by the Organisation for amended by section 91005. Section 2(b)(1) of the Export-Import Bank Economic Co-operation and Development (b) REPORT.—Not later than one year after Act of 1945 (12 U.S.C. 635(b)(1)) is amended by Council on June 28, 2012, and the risk-man- the date of the enactment of this Act, and adding at the end the following: agement framework adopted by financial in- not less frequently than every 3 years there- ‘‘(M) Not later than 2 years after the date stitutions for determining, assessing, and after, the Inspector General shall submit to of the enactment of the Export-Import Bank managing environmental and social risk in the Committee on Banking, Housing, and Reform and Reauthorization Act of 2015, the projects (commonly referred to as the ‘Equa- Urban Affairs of the Senate and the Com- Bank shall implement policies— tor Principles’)) or more’’. mittee on Financial Services of the House of ‘‘(i) to accept electronic documents with (e) EFFECTIVE DATE.—The amendments Representatives a written report containing respect to transactions whenever possible, made by this section shall apply with respect all findings and determinations made in car- including copies of bills of lading, certifi- to fiscal year 2016 and each fiscal year there- rying out subsection (a). cations, and compliance documents, in such after.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00146 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S6039 TITLE XCV—OTHER MATTERS SEC. 95003. STUDY OF FINANCING FOR INFORMA- ministration from being taken into ac- TION AND COMMUNICATIONS TECH- SEC. 95001. PROHIBITION ON DISCRIMINATION count for purposes of determining the NOLOGY SYSTEMS. BASED ON INDUSTRY. (a) ANALYSIS OF INFORMATION AND COMMU- employers to which the employer man- Section 2 of the Export-Import Bank Act of NICATIONS TECHNOLOGY INDUSTRY USE OF date applies under the Patient Protec- 1945 (6 U.S.C. 635 et seq.) is amended by add- BANK PRODUCTS.—The Export-Import Bank tion and Affordable Care Act; which ing at the end the following: of the United States (in this section referred was ordered to lie on the table; as fol- ‘‘(k) PROHIBITION ON DISCRIMINATION BASED to as the ‘‘Bank’’) shall conduct a study of lows: ON INDUSTRY.— the extent to which the products offered by ‘‘(1) IN GENERAL.—Except as provided in the Bank are available and used by compa- At the end, add the following: this Act, the Bank may not— nies that export information and commu- DIVISION I—EXPORT-IMPORT BANK OF ‘‘(A) deny an application for financing nications technology services and related THE UNITED STATES based solely on the industry, sector, or busi- goods. SEC. 90001. SHORT TITLE. ness that the application concerns; or (b) ELEMENTS.—In conducting the study re- This division may be cited as the ‘‘Export- ‘‘(B) promulgate or implement policies quired by subsection (a), the Bank shall ex- Import Bank Reform and Reauthorization that discriminate against an application amine the following: Act of 2015’’. based solely on the industry, sector, or busi- (1) The number of jobs in the United States ness that the application concerns. that are supported by the export of informa- TITLE XCI—TAXPAYER PROTECTION PRO- ‘‘(2) APPLICABILITY.—The prohibitions tion and communications technology serv- VISIONS AND INCREASED ACCOUNT- under paragraph (1) apply only to applica- ices and related goods, and the degree to ABILITY tions for financing by the Bank for projects which access to financing will increase ex- SEC. 91001. REDUCTION IN AUTHORIZED AMOUNT concerning the exploration, development, ports of such services and related goods. OF OUTSTANDING LOANS, GUARAN- production, or export of energy sources and (2) The reduction in the financing by the TEES, AND INSURANCE. the generation or transmission of electrical Bank of exports of information and commu- Section 6(a) of the Export-Import Bank power, or combined heat and power, regard- nications technology services from 2003 Act of 1945 (12 U.S.C. 635e(a)) is amended— less of the energy source involved.’’. through 2014. (1) by redesignating paragraph (3) as para- graph (4); and SEC. 95002. NEGOTIATIONS TO END EXPORT (3) The activities of foreign export credit CREDIT FINANCING. agencies to facilitate the export of informa- (2) by striking paragraph (2) and inserting the following: (a) IN GENERAL.—Section 11 of the Export- tion and communications technology serv- Import Bank Reauthorization Act of 2012 (12 ices and related goods. ‘‘(2) APPLICABLE AMOUNT DEFINED.—In this U.S.C. 635a–5) is amended— (4) Specific proposals for how the Bank subsection, the term ‘applicable amount’, for (1) in subsection (a)— could provide additional financing for the ex- each of fiscal years 2015 through 2019, means (A) in the matter preceding paragraph (1), portation of information and communica- $135,000,000,000. by striking ‘‘Secretary of the Treasury (in tions technology services and related goods ‘‘(3) FREEZING OF LENDING CAP IF DEFAULT this section referred to as the ‘Secretary’)’’ through risk-sharing with other export cred- RATE IS 2 PERCENT OR MORE.—If the rate cal- and inserting ‘‘President’’; and it agencies and other third parties. culated under section 8(g)(1) is 2 percent or (B) in paragraph (1)— (5) Proposals for new products the Bank more for a quarter, the Bank may not exceed (i) by striking ‘‘(OECD)’’ and inserting ‘‘(in could offer to provide financing for exports the amount of loans, guarantees, and insur- this section referred to as the ‘OECD’)’’; and of information and communications tech- ance outstanding on the last day of that (ii) by striking ‘‘ultimate goal of elimi- nology services and related goods, includ- quarter until the rate calculated under sec- nating’’ and inserting ‘‘possible goal of ing— tion 8(g)(1) is less than 2 percent.’’. eliminating, before the date that is 10 years (A) the extent to which the Bank is author- SEC. 91002. INCREASE IN LOSS RESERVES. after the date of the enactment of the Ex- ized to offer new products; (a) IN GENERAL.—Section 6 of the Export- port-Import Bank Reform and Reauthoriza- (B) the extent to which the Bank would Import Bank Act of 1945 (12 U.S.C. 635e) is tion Act of 2015,’’; need additional authority to offer new prod- amended— (2) in subsection (b), by striking ‘‘Sec- ucts to meet the needs of the information (1) by redesignating subsection (b) as sub- retary’’ each place it appears and inserting and communications technology industry; section (c); and ‘‘President’’; and (C) specific proposals for changes in law (2) by inserting after subsection (a) the fol- (3) by adding at the end the following: that would enable the Bank to provide in- lowing: ‘‘(c) REPORT ON STRATEGY.—Not later than creased financing for exports of information ‘‘(b) RESERVE REQUIREMENT.—The Bank 180 days after the date of the enactment of and communications technology services and shall build to and hold in reserve, to protect the Export-Import Bank Reform and Reau- related goods in compliance with the credit against future losses, an amount that is not thorization Act of 2015, the President shall and risk standards of the Bank; less than 5 percent of the aggregate amount submit to Congress a proposal, and a strat- (D) specific proposals that would enable of disbursed and outstanding loans, guaran- egy for achieving the proposal, that the the Bank to provide increased outreach to tees, and insurance of the Bank.’’. United States Government will pursue with the information and communications tech- (b) EFFECTIVE DATE.—The amendment other major exporting countries, including nology industry about the products the Bank made by subsection (a) shall take effect on OECD members and non-OECD members, to offers; and the date that is one year after the date of the eliminate over a period of not more than 10 (E) specific proposals for changes in law enactment of this Act. years subsidized export-financing programs, that would enable the Bank to provide the fi- SEC. 91003. REVIEW OF FRAUD CONTROLS. tied aid, export credits, and all other forms nancing to build information and commu- Section 17(b) of the Export-Import Bank of government-supported export subsidies. nications technology infrastructure, in com- Reauthorization Act of 2012 (12 U.S.C. 635a– ‘‘(d) NEGOTIATIONS WITH NON-OECD MEM- pliance with the credit and risk standards of 6(b)) is amended to read as follows: BERS.—The President shall initiate and pur- the Bank, to allow for market access oppor- ‘‘(b) REVIEW OF FRAUD CONTROLS.—Not sue negotiations with countries that are not tunities for United States information and later than 4 years after the date of the enact- OECD members to bring those countries into communications technology companies to ment of the Export-Import Bank Reform and a multilateral agreement establishing rules provide services on the infrastructure being Reauthorization Act of 2015, and every 4 and limitations on officially supported ex- financed by the Bank. years thereafter, the Comptroller General of port credits. (c) REPORT.—Not later than 180 days after the United States shall— ‘‘(e) ANNUAL REPORTS ON PROGRESS OF NE- the date of the enactment of this Act, the ‘‘(1) review the adequacy of the design and GOTIATIONS.—Not later than 180 days after Bank shall submit to Congress a report that effectiveness of the controls used by the Ex- the date of the enactment of the Export-Im- contains the results of the study required by port-Import Bank of the United States to port Bank Reform and Reauthorization Act subsection (a). prevent, detect, and investigate fraudulent of 2015, and annually thereafter through cal- applications for loans and guarantees and endar year 2019, the President shall submit SA 2534. Mr. KIRK (for himself, Mr. the compliance by the Bank with the con- to the Committee on Banking, Housing, and GRAHAM, Mr. BLUNT, Ms. AYOTTE, Ms. trols, including by auditing a sample of Bank Urban Affairs of the Senate and the Com- HEITKAMP, Mr. MANCHIN, Mr. DON- transactions; and mittee on Financial Services of the House of NELLY, Mr. WARNER, Ms. CANTWELL, ‘‘(2) submit a written report regarding the Representatives a report on the progress of Ms. KLOBUCHAR, and Mr. CASEY) sub- findings of the review and providing such any negotiations described in subsection mitted an amendment intended to be recommendations with respect to the con- (d).’’. proposed to amendment SA 2421 pro- trols described in paragraph (1) as the Comp- (b) EFFECTIVE DATE.—The amendments troller General deems appropriate to— posed by Mr. MCCONNELL to the amend- made by paragraphs (1) and (2) of subsection ‘‘(A) the Committee on Banking, Housing, (a) shall apply with respect to reports re- ment SA 2266 proposed by Mr. MCCON- and Urban Affairs and the Committee on Ap- quired to be submitted under section 11(b) of NELL to the bill H.R. 22, to amend the propriations of the Senate; and the Export-Import Bank Reauthorization Internal Revenue Code of 1986 to ex- ‘‘(B) the Committee on Financial Services Act of 2012 (12 U.S.C. 635a–5(b)) after the date empt employees with health coverage and the Committee on Appropriations of the of the enactment of this Act. under TRICARE or the Veterans Ad- House of Representatives.’’.

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.020 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S6040 CONGRESSIONAL RECORD — SENATE July 27, 2015 SEC. 91004. OFFICE OF ETHICS. United States before being appointed to be the Committee on Banking, Housing, and Section 3 of the Export-Import Bank Act of Chief Risk Officer; and Urban Affairs of the Senate and the Com- 1945 (12 U.S.C. 635a) is amended by adding at ‘‘(B) approved by the Board. mittee on Financial Services of the House of the end the following: ‘‘(3) DUTIES.—The duties of the Chief Risk Representatives a written report containing ‘‘(k) OFFICE OF ETHICS.— Officer are— all findings and determinations made in car- ‘‘(1) ESTABLISHMENT.—There is established ‘‘(A) to be responsible for all matters re- rying out subsection (a). an Office of Ethics within the Bank, which lated to managing and mitigating all risk to SEC. 91008. PILOT PROGRAM FOR REINSURANCE. shall oversee all ethics issues within the which the Bank is exposed, including the (a) IN GENERAL.—Notwithstanding any pro- Bank. programs and operations of the Bank; vision of the Export-Import Bank Act of 1945 EAD OF OFFICE.— ‘‘(2) H ‘‘(B) to establish policies and processes for (12 U.S.C. 635 et seq.), the Export-Import ‘‘(A) IN GENERAL.—The head of the Office of risk oversight, the monitoring of manage- Bank of the United States (in this section re- Ethics shall be the Chief Ethics Officer, who ment compliance with risk limits, and the ferred to as the ‘‘Bank’’) may establish a shall report to the Board of Directors. management of risk exposures and risk con- pilot program under which the Bank may ‘‘(B) APPOINTMENT.—Not later than 180 trols across the Bank; enter into contracts and other arrangements days after the date of the enactment of the ‘‘(C) to be responsible for the planning and to share risks associated with the provision Export-Import Bank Reform and Reauthor- execution of all Bank risk management ac- of guarantees, insurance, or credit, or the ization Act of 2015, the Chief Ethics Officer tivities, including policies, reporting, and participation in the extension of credit, by shall be— systems to achieve strategic risk objectives; the Bank under that Act. ‘‘(i) appointed by the President of the Bank ‘‘(D) to develop an integrated risk manage- (b) LIMITATIONS ON AMOUNT OF RISK-SHAR- from among persons— ment program that includes identifying, ING.— ‘‘(I) with a background in law who have ex- prioritizing, measuring, monitoring, and (1) PER CONTRACT OR OTHER ARRANGE- perience in the fields of law and ethics; and managing internal control and operating MENT.—The aggregate amount of liability ‘‘(II) who are not serving in a position re- risks and other identified risks; the Bank may transfer through risk-sharing quiring appointment by the President of the ‘‘(E) to ensure that the process for risk as- pursuant to a contract or other arrangement United States before being appointed to be sessment and underwriting for individual Chief Ethics Officer; and entered into under subsection (a) may not transactions considers how each such trans- ‘‘(ii) approved by the Board. exceed $1,000,000,000. action considers the effect of the transaction (2) PER YEAR.—The aggregate amount of li- ‘‘(C) DESIGNATED AGENCY ETHICS OFFICIAL.— on the concentration of exposure in the over- The Chief Ethics Officer shall serve as the ability the Bank may transfer through risk- designated agency ethics official for the all portfolio of the Bank, taking into ac- sharing during a fiscal year pursuant to con- Bank pursuant to the Ethics in Government count fees, collateralization, and historic de- tracts or other arrangements entered into Act of 1978 (5 U.S.C. App. 101 et seq.). fault rates; and under subsection (a) during that fiscal year ‘‘(F) to review the adequacy of the use by ‘‘(3) DUTIES.—The Office of Ethics has ju- may not exceed $10,000,000,000. risdiction over all employees of, and ethics the Bank of qualitative metrics to assess the (c) ANNUAL REPORTS.—Not later than one matters relating to, the Bank. With respect risk of default under various scenarios.’’. year after the date of the enactment of this to employees of the Bank, the Office of Eth- SEC. 91006. RISK MANAGEMENT COMMITTEE. Act, and annually thereafter through 2019, ics shall— (a) IN GENERAL.—Section 3 of the Export- the Bank shall submit to Congress a written ‘‘(A) recommend administrative actions to Import Bank Act of 1945 (12 U.S.C. 635a), as report that contains a detailed analysis of establish or enforce standards of official con- amended by sections 91004 and 91005, is fur- the use of the pilot program carried out duct; ther amended by adding at the end the fol- under subsection (a) during the year pre- ‘‘(B) refer to the Office of the Inspector lowing: ceding the submission of the report. (d) RULE OF CONSTRUCTION.—Nothing in General of the Bank alleged violations of— ‘‘(m) RISK MANAGEMENT COMMITTEE.— this section shall be construed to affect, im- ‘‘(i) the standards of ethical conduct appli- ‘‘(1) ESTABLISHMENT.—There is established pede, or revoke any authority of the Bank. cable to employees of the Bank under parts a management committee to be known as (e) TERMINATION.—The pilot program car- 2635 and 6201 of title 5, Code of Federal Regu- the ‘Risk Management Committee’. ried out under subsection (a) shall terminate lations; ‘‘(2) MEMBERSHIP.—The membership of the on September 30, 2019. ‘‘(ii) the standards of ethical conduct es- Risk Management Committee shall be the tablished by the Chief Ethics Officer; and members of the Board of Directors, with the TITLE XCII—PROMOTION OF SMALL ‘‘(iii) any other laws, rules, or regulations President and First Vice President of the BUSINESS EXPORTS governing the performance of official duties Bank serving as ex officio members. SEC. 92001. INCREASE IN SMALL BUSINESS LEND- or the discharge of official responsibilities ‘‘(3) DUTIES.—The duties of the Risk Man- ING REQUIREMENTS. that are applicable to employees of the agement Committee shall be— (a) IN GENERAL.—Section 2(b)(1)(E)(v) of Bank; ‘‘(A) to oversee, in conjunction with the the Export-Import Bank Act of 1945 (12 ‘‘(C) report to appropriate Federal or State Office of the Chief Financial Officer of the U.S.C. 635(b)(1)(E)(v)) is amended by striking authorities substantial evidence of a viola- Bank— ‘‘20 percent’’ and inserting ‘‘25 percent’’. tion of any law applicable to the perform- ‘‘(i) periodic stress testing on the entire (b) EFFECTIVE DATE.—The amendment ance of official duties that may have been Bank portfolio, reflecting different market, made by subsection (a) shall apply with re- disclosed to the Office of Ethics; and industry, and macroeconomic scenarios, and spect to fiscal year 2016 and each fiscal year ‘‘(D) render advisory opinions regarding consistent with common practices of com- thereafter. the propriety of any current or proposed con- mercial and multilateral development banks; SEC. 92002. REPORT ON PROGRAMS FOR SMALL duct of an employee or contractor of the and AND MEDIUM-SIZED BUSINESSES. Bank, and issue general guidance on such ‘‘(ii) the monitoring of industry, geo- (a) IN GENERAL.—Section 8 of the Export- matters as necessary.’’. graphic, and obligor exposure levels; and Import Bank Act of 1945 (12 U.S.C. 635g) is SEC. 91005. CHIEF RISK OFFICER. ‘‘(B) to review all required reports on the amended by adding at the end the following: Section 3 of the Export-Import Bank Act of default rate of the Bank before submission to ‘‘(k) REPORT ON PROGRAMS FOR SMALL AND 1945 (12 U.S.C. 635a), as amended by section Congress under section 8(g).’’. MEDIUM-SIZED BUSINESSES.—The Bank shall 91004, is further amended by adding at the (b) TERMINATION OF AUDIT COMMITTEE.— include in its annual report to Congress end the following: Not later than 180 days after the date of the under subsection (a) a report on the pro- ‘‘(l) CHIEF RISK OFFICER.— enactment of this Act, the Board of Direc- grams of the Bank for United States busi- ‘‘(1) IN GENERAL.—There shall be a Chief tors of the Export-Import Bank of the United nesses with less than $250,000,000 in annual Risk Officer of the Bank, who shall— States shall revise the bylaws of the Bank to sales.’’. ‘‘(A) oversee all issues relating to risk terminate the Audit Committee established (b) EFFECTIVE DATE.—The amendment within the Bank; and by section 7 of the bylaws. made by subsection (a) shall apply with re- ‘‘(B) report to the President of the Bank. SEC. 91007. INDEPENDENT AUDIT OF BANK PORT- spect to the report of the Export-Import ‘‘(2) APPOINTMENT.—Not later than 180 days FOLIO. Bank of the United States submitted to Con- after the date of the enactment of the Ex- (a) AUDIT.—The Inspector General of the gress under section 8 of the Export-Import port-Import Bank Reform and Reauthoriza- Export-Import Bank of the United States Bank Act of 1945 (12 U.S.C. 635g) for the first tion Act of 2015, the Chief Risk Officer shall shall conduct an audit or evaluation of the year that begins after the date of the enact- be— portfolio risk management procedures of the ment of this Act. ‘‘(A) appointed by the President of the Bank, including a review of the implementa- TITLE XCIII—MODERNIZATION OF Bank from among persons— tion by the Bank of the duties assigned to OPERATIONS ‘‘(i) with a demonstrated ability in the the Chief Risk Officer under section 3(l) of SEC. 93001. ELECTRONIC PAYMENTS AND DOCU- general management of, and knowledge of the Export-Import Bank Act of 1945, as MENTS. and extensive practical experience in, finan- amended by section 91005. Section 2(b)(1) of the Export-Import Bank cial risk evaluation practices in large gov- (b) REPORT.—Not later than one year after Act of 1945 (12 U.S.C. 635(b)(1)) is amended by ernmental or business entities; and the date of the enactment of this Act, and adding at the end the following: ‘‘(ii) who are not serving in a position re- not less frequently than every 3 years there- ‘‘(M) Not later than 2 years after the date quiring appointment by the President of the after, the Inspector General shall submit to of the enactment of the Export-Import Bank

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.035 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 27, 2015 CONGRESSIONAL RECORD — SENATE S6041 Reform and Reauthorization Act of 2015, the to fiscal year 2016 and each fiscal year there- Act of 2012 (12 U.S.C. 635a–5(b)) after the date Bank shall implement policies— after. of the enactment of this Act. ‘‘(i) to accept electronic documents with TITLE XCV—OTHER MATTERS SEC. 95003. STUDY OF FINANCING FOR INFORMA- respect to transactions whenever possible, TION AND COMMUNICATIONS TECH- SEC. 95001. PROHIBITION ON DISCRIMINATION NOLOGY SYSTEMS. including copies of bills of lading, certifi- BASED ON INDUSTRY. (a) ANALYSIS OF INFORMATION AND COMMU- cations, and compliance documents, in such Section 2 of the Export-Import Bank Act of manner so as not to undermine any potential NICATIONS TECHNOLOGY INDUSTRY USE OF 1945 (6 U.S.C. 635 et seq.) is amended by add- BANK PRODUCTS.—The Export-Import Bank civil or criminal enforcement related to the ing at the end the following: transactions; and of the United States (in this section referred ‘‘(k) PROHIBITION ON DISCRIMINATION BASED to as the ‘‘Bank’’) shall conduct a study of ‘‘(ii) to accept electronic payments in all ON INDUSTRY.— of its programs.’’. the extent to which the products offered by ‘‘(1) IN GENERAL.—Except as provided in the Bank are available and used by compa- SEC. 93002. REAUTHORIZATION OF INFORMATION this Act, the Bank may not— nies that export information and commu- TECHNOLOGY UPDATING. ‘‘(A) deny an application for financing Section 3(j) of the Export-Import Act of nications technology services and related based solely on the industry, sector, or busi- 1945 (12 U.S.C. 635a(j)) is amended— goods. ness that the application concerns; or (b) ELEMENTS.—In conducting the study re- (1) in paragraph (1), in the matter pre- ‘‘(B) promulgate or implement policies quired by subsection (a), the Bank shall ex- ceding subparagraph (A), by striking ‘‘2012, that discriminate against an application amine the following: 2013, and 2014’’ and inserting ‘‘2015 through based solely on the industry, sector, or busi- (1) The number of jobs in the United States 2019’’; ness that the application concerns. that are supported by the export of informa- (2) in paragraph (2)(B), by striking ‘‘(I) the ‘‘(2) APPLICABILITY.—The prohibitions tion and communications technology serv- funds’’ and inserting ‘‘(i) the funds’’; and under paragraph (1) apply only to applica- ices and related goods, and the degree to (3) in paragraph (3), by striking ‘‘2012, 2013, tions for financing by the Bank for projects which access to financing will increase ex- and 2014’’ and inserting ‘‘2015 through 2019’’. concerning the exploration, development, ports of such services and related goods. TITLE XCIV—GENERAL PROVISIONS production, or export of energy sources and (2) The reduction in the financing by the SEC. 94001. EXTENSION OF AUTHORITY. the generation or transmission of electrical Bank of exports of information and commu- (a) IN GENERAL.—Section 7 of the Export- power, or combined heat and power, regard- nications technology services from 2003 Import Bank Act of 1945 (12 U.S.C. 635f) is less of the energy source involved.’’. through 2014. amended by striking ‘‘2014’’ and inserting SEC. 95002. NEGOTIATIONS TO END EXPORT (3) The activities of foreign export credit ‘‘2019’’. CREDIT FINANCING. agencies to facilitate the export of informa- (b) DUAL-USE EXPORTS.—Section 1(c) of (a) IN GENERAL.—Section 11 of the Export- tion and communications technology serv- Public Law 103–428 (12 U.S.C. 635 note) is Import Bank Reauthorization Act of 2012 (12 ices and related goods. amended by striking ‘‘September 30, 2014’’ U.S.C. 635a–5) is amended— (4) Specific proposals for how the Bank and inserting ‘‘the date on which the author- (1) in subsection (a)— could provide additional financing for the ex- ity of the Export-Import Bank of the United (A) in the matter preceding paragraph (1), portation of information and communica- States expires under section 7 of the Export- by striking ‘‘Secretary of the Treasury (in tions technology services and related goods Import Bank Act of 1945 (12 U.S.C. 635f)’’. this section referred to as the ‘Secretary’)’’ through risk-sharing with other export cred- (c) SUB-SAHARAN AFRICA ADVISORY COM- and inserting ‘‘President’’; and it agencies and other third parties. MITTEE.—Section 2(b)(9)(B)(iii) of the Export- (B) in paragraph (1)— (5) Proposals for new products the Bank Import Bank Act of 1945 (12 U.S.C. (i) by striking ‘‘(OECD)’’ and inserting ‘‘(in could offer to provide financing for exports 635(b)(9)(B)(iii)) is amended by striking ‘‘Sep- this section referred to as the ‘OECD’)’’; and tember 30, 2014’’ and inserting ‘‘the date on of information and communications tech- (ii) by striking ‘‘ultimate goal of elimi- which the authority of the Bank expires nology services and related goods, includ- under section 7’’. nating’’ and inserting ‘‘possible goal of ing— (d) EFFECTIVE DATE.—The amendments eliminating, before the date that is 10 years (A) the extent to which the Bank is author- made by this section shall take effect on the after the date of the enactment of the Ex- ized to offer new products; earlier of the date of the enactment of this port-Import Bank Reform and Reauthoriza- (B) the extent to which the Bank would Act or June 30, 2015. tion Act of 2015,’’; need additional authority to offer new prod- SEC. 94002. CERTAIN UPDATED LOAN TERMS AND (2) in subsection (b), by striking ‘‘Sec- ucts to meet the needs of the information AMOUNTS. retary’’ each place it appears and inserting and communications technology industry; (a) LOAN TERMS FOR MEDIUM-TERM FINANC- ‘‘President’’; and (C) specific proposals for changes in law ING.—Section 2(a)(2)(A) of the Export-Import (3) by adding at the end the following: that would enable the Bank to provide in- Bank Act of 1945 (12 U.S.C. 635(a)(2)(A)) is ‘‘(c) REPORT ON STRATEGY.—Not later than creased financing for exports of information amended— 180 days after the date of the enactment of and communications technology services and (1) in clause (i), by striking ‘‘; and’’ and in- the Export-Import Bank Reform and Reau- related goods in compliance with the credit serting a semicolon; and thorization Act of 2015, the President shall and risk standards of the Bank; (2) by adding at the end the following: submit to Congress a proposal, and a strat- (D) specific proposals that would enable ‘‘(iii) with principal amounts of not more egy for achieving the proposal, that the the Bank to provide increased outreach to than $25,000,000; and’’. United States Government will pursue with the information and communications tech- (b) COMPETITIVE OPPORTUNITIES RELATING other major exporting countries, including nology industry about the products the Bank TO INSURANCE.—Section 2(d)(2) of the Export- OECD members and non-OECD members, to offers; and Import Bank Act of 1945 (12 U.S.C. 635(d)(2)) eliminate over a period of not more than 10 (E) specific proposals for changes in law is amended by striking ‘‘$10,000,000’’ and in- years subsidized export-financing programs, that would enable the Bank to provide the fi- serting ‘‘$25,000,000’’. tied aid, export credits, and all other forms nancing to build information and commu- (c) EXPORT AMOUNTS FOR SMALL BUSINESS of government-supported export subsidies. nications technology infrastructure, in com- LOANS.—Section 3(g)(3) of the Export-Import ‘‘(d) NEGOTIATIONS WITH NON-OECD MEM- pliance with the credit and risk standards of Bank Act of 1945 (12 U.S.C. 635a(g)(3)) is BERS.—The President shall initiate and pur- the Bank, to allow for market access oppor- amended by striking ‘‘$10,000,000’’ and insert- sue negotiations with countries that are not tunities for United States information and ing ‘‘$25,000,000’’. OECD members to bring those countries into communications technology companies to (d) CONSIDERATION OF ENVIRONMENTAL EF- a multilateral agreement establishing rules provide services on the infrastructure being FECTS.—Section 11(a)(1)(A) of the Export-Im- and limitations on officially supported ex- financed by the Bank. port Bank Act of 1945 (12 U.S.C. 635i– port credits. (c) REPORT.—Not later than 120 days after 5(a)(1)(A)) is amended by striking ‘‘$10,000,000 ‘‘(e) ANNUAL REPORTS ON PROGRESS OF NE- the date of the enactment of this Act, the or more’’ and inserting the following: GOTIATIONS.—Not later than 180 days after Bank shall submit to Congress a report that ‘‘$25,000,000 (or, if less than $25,000,000, the the date of the enactment of the Export-Im- contains the results of the study required by threshold established pursuant to inter- port Bank Reform and Reauthorization Act subsection (a). national agreements, including the Common of 2015, and annually thereafter through cal- Approaches for Officially Supported Export endar year 2019, the President shall submit SA 2535. Mrs. FISCHER submitted an Credits and Environmental and Social Due to the Committee on Banking, Housing, and amendment intended to be proposed to Diligence, as adopted by the Organisation for Urban Affairs of the Senate and the Com- amendment SA 2272 submitted by Mr. Economic Co-operation and Development mittee on Financial Services of the House of TESTER and intended to be proposed to Council on June 28, 2012, and the risk-man- Representatives a report on the progress of the bill H.R. 22, to amend the Internal agement framework adopted by financial in- any negotiations described in subsection Revenue Code of 1986 to exempt em- stitutions for determining, assessing, and (d).’’. ployees with health coverage under managing environmental and social risk in (b) EFFECTIVE DATE.—The amendments projects (commonly referred to as the ‘Equa- made by paragraphs (1) and (2) of subsection TRICARE or the Veterans Administra- tor Principles’)) or more’’. (a) shall apply with respect to reports re- tion from being taken into account for (e) EFFECTIVE DATE.—The amendments quired to be submitted under section 11(b) of purposes of determining the employers made by this section shall apply with respect the Export-Import Bank Reauthorization to which the employer mandate applies

VerDate Sep 11 2014 08:16 Jul 28, 2015 Jkt 049060 PO 00000 Frm 00149 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JY6.035 S27JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S6042 CONGRESSIONAL RECORD — SENATE July 27, 2015 under the Patient Protection and Af- ing the adjournment of the Senate To be general fordable Care Act; which was ordered count postcloture on the McConnell GEN. PAUL J. SELVA to lie on the table; as follows: substitute amendment No. 2266, as THE FOLLOWING NAMED OFFICER FOR APPOINTMENT On page 1, line 2, strike ‘‘$10,000,000,000’’ IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- modified. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE and insert ‘‘$20,000,000,000’’. The PRESIDING OFFICER. Without AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION objection, it is so ordered. 601: SA 2536. Mr. MCCONNELL submitted To be general f an amendment intended to be proposed GEN. DARREN W. MCDEW by him to the bill H.R. 22, to amend the ADJOURNMENT UNTIL 11 A.M. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Internal Revenue Code of 1986 to ex- TOMORROW CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION empt employees with health coverage Mr. MCCONNELL. If there is no fur- under TRICARE or the Veterans Ad- 601: ther business to come before the Sen- To be lieutenant general ministration from being taken into ac- ate, I ask unanimous consent that it count for purposes of determining the MAJ. GEN. DAVID J. BUCK stand adjourned under the previous THE FOLLOWING NAMED OFFICER FOR APPOINTMENT employers to which the employer man- order. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- date applies under the Patient Protec- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE There being no objection, the Senate, AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION tion and Affordable Care Act; which at 11:13 p.m., adjourned until Tuesday, 601: was ordered to lie on the table; as fol- July 28, 2015, at 11 a.m. To be lieutenant general lows: At the end add the following: f LT. GEN. TOD D. WOLTERS ‘‘This act shall be effective 2 days after en- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- actment.’’ CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Executive nominations received by AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION SA 2537. Mr. MENENDEZ submitted the Senate: 601: To be lieutenant general an amendment intended to be proposed DEPARTMENT OF ENERGY LT. GEN. RUSSELL J. HANDY by him to the bill H.R. 22, to amend the VICTORIA MARIE BAECHER WASSMER, OF ILLINOIS, TO Internal Revenue Code of 1986 to ex- BE UNDER SECRETARY OF ENERGY, VICE KRISTINA M. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED JOHNSON, RESIGNED. STATES OFFICER FOR APPOINTMENT IN THE RESERVE empt employees with health coverage OF THE AIR FORCE TO THE GRADE INDICATED UNDER under TRICARE or the Veterans Ad- TENNESSEE VALLEY AUTHORITY TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ministration from being taken into ac- RICHARD CAPEL HOWORTH, OF MISSISSIPPI, TO BE A To be brigadier general MEMBER OF THE BOARD OF DIRECTORS OF THE TEN- count for purposes of determining the NESSEE VALLEY AUTHORITY FOR A TERM EXPIRING COL. FRANK H. STOKES employers to which the employer man- MAY 18, 2020. (REAPPOINTMENT) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- date applies under the Patient Protec- DEPARTMENT OF STATE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE tion and Affordable Care Act; which HARRY K. THOMAS, JR., OF NEW YORK, A CAREER MEM- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: was ordered to lie on the table; as fol- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- REER MINISTER, TO BE AMBASSADOR EXTRAORDINARY To be lieutenant general lows: AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF ZIMBABWE. LT. GEN. JOHN W. RAYMOND On page 1004, between lines 7 and 8, insert the following: IN THE COAST GUARD IN THE ARMY SEC. 62002. EXCLUSION OF ORPHAN DRUG SALES. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING ARMY NATIONAL GUARD OF THE TO SERVE AS DIRECTOR OF THE COAST GUARD RESERVE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- (a) IN GENERAL.—Paragraph (3) of section PURSUANT TO TITLE 14, U.S.C., SECTION 53(B) IN THE SERVE OF THE ARMY TO THE GRADE INDICATED UNDER 9008(e) of the Patient Protection and Afford- GRADE INDICATED: TITLE 10, U.S.C., SECTIONS 12203 AND 12211: able Care Act (26 U.S.C. 4001 note prec.; Pub- To be rear admiral To be brigadier general lic Law 111–148) is amended to read as fol- REAR ADM. KURT B. HINRICHS COL. JAMES E. PORTER, JR. lows: THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ‘‘(3) EXCLUSION OF ORPHAN DRUG SALES.— f THE UNITED STATES OFFICER FOR APPOINTMENT IN The term ‘branded prescription drug sales’ THE RESERVE OF THE ARMY TO THE GRADE INDICATED shall not include sales of any drug or biologi- CONFIRMATIONS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: cal product with respect to which a credit Executive nominations confirmed by To be lieutenant general was allowable for any taxable year under the Senate July 27, 2015: section 45C of the Internal Revenue Code of MAJ. GEN. DANIEL R. HOKANSON IN THE AIR FORCE 1986, regardless of whether such credit was IN THE NAVY claimed and received. The preceding sen- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tence shall not apply with respect to any CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE IN THE UNITED STATES NAVY TO THE GRADE INDICATED such drug or biological product after the AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND date on which such drug or biological prod- 601: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: uct is approved by the Food and Drug Ad- To be lieutenant general To be vice admiral ministration for marketing for any indica- MAJ. GEN. JOHN N. T. SHANAHAN REAR ADM. KEVIN D. SCOTT tion other than the treatment of the rare THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE ARMY disease or condition with respect to which IN THE UNITED STATES NAVY TO THE GRADE INDICATED such credit was allowable.’’. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES ARMY TO THE GRADE INDICATED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: (b) EFFECTIVE DATE.—The amendment WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be vice admiral made by subsection (a) shall take effect as if RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: included in section 9008 of the Patient Pro- To be lieutenant general REAR ADM. KEVIN M. DONEGAN tection and Affordable Care Act (26 U.S.C. IN THE ARMY MAJ. GEN. MICHAEL X. GARRETT 4001 note prec.; Public Law 111–148). THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE NAVY f IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ORDERS FOR TUESDAY, JULY 28, IN THE UNITED STATES NAVY TO THE GRADE INDICATED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 2015 UNDER TITLE 10, U.S.C., SECTION 156: To be lieutenant general To be rear admiral (lower half) MAJ. GEN. MICHAEL H. SHIELDS Mr. MCCONNELL. Mr. President, I CAPT. DARSE E. CRANDALL THE FOLLOWING ARMY NATIONAL GUARD OF THE ask unanimous consent that when the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- Senate completes its business today, it IN THE UNITED STATES NAVY TO THE GRADE INDICATED SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: adjourn until 11 a.m., Tuesday, July 28; WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be major general that following the prayer and pledge, To be vice admiral the morning hour be deemed expired, BRIG. GEN. VICTOR J. BRADEN the Journal of proceedings be approved REAR ADM. JOSEPH E. TOFALO IN THE NAVY IN THE AIR FORCE to date, and the time for the two lead- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ers be reserved for their use later in THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED AS THE VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND the day; that following leader remarks, AND APPOINTMENT IN THE UNITED STATES AIR FORCE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the Senate resume consideration of TO THE GRADE INDICATED WHILE ASSIGNED TO A POSI- To be vice admiral TION OF IMPORTANCE AND RESPONSIBILITY UNDER H.R. 22; and finally, that all time dur- TITLE 10, U.S.C., SECTIONS 601 AND 154: REAR ADM. RICHARD P. BRECKENRIDGE

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IN THE AIR FORCE To be general IN THE ARMY THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED LT. GEN. CARLTON D. EVERHART II ARMY NOMINATION OF DAVID G. JONES, TO BE COLO- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NEL. OF THE AIR FORCE TO THE GRADE INDICATED UNDER AS THE CHIEF OF CHAPLAINS, UNITED STATES AIR ARMY NOMINATION OF RAYMOND L. PHUA, TO BE COLO- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: FORCE, AND APPOINTMENT IN THE UNITED STATES AIR NEL. FORCE TO THE GRADE INDICATED UNDER TITLE 10, ARMY NOMINATION OF JOHN M. BRADFORD, TO BE To be brigadier general U.S.C., SECTION 8039: MAJOR. ARMY NOMINATIONS BEGINNING WITH STEVE J. CHUN COLONEL DAVID W. ASHLEY To be major general AND ENDING WITH BENJAMIN R. SIEBERT, WHICH NOMI- COLONEL JEREMY O. BAENEN NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL STEPHEN F. BAGGERLY COL. DONDI E. COSTIN PEARED IN THE CONGRESSIONAL RECORD ON JUNE 24, COLONEL SAMUEL W. BLACK IN THE ARMY 2015. COLONEL CHRISTINE M. BURCKLE ARMY NOMINATION OF STEVEN L. ISENHOUR, TO BE COLONEL DAVID B. BURGY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL. COLONEL JANUS D. BUTCHER IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY NOMINATION OF JOSEPH D. GRAMLING, TO BE COLONEL JOHN D. CAINE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL. COLONEL CRAIG A. CAMPBELL RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATION OF MARK S. SNYDER, TO BE COLO- COLONEL JOSEPH S. CHISOLM To be lieutenant general NEL. COLONEL FLOYD W. DUNSTAN ARMY NOMINATION OF KEITH J. MCVEIGH, TO BE COLO- COLONEL DOUGLAS A. FARNHAM MAJ. GEN. STEPHEN R. LYONS NEL. COLONEL LAURIE M. FARRIS ARMY NOMINATION OF LISA M. STREMEL, TO BE COLONEL JERRY L. FENWICK IN THE NAVY MAJOR. COLONEL DAWN M. FERRELL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH MICHAEL N. COLONEL DOUGLAS E. FICK IN THE UNITED STATES NAVY TO THE GRADE INDICATED CLEVELAND AND ENDING WITH MICHAEL W. SUMMERS, COLONEL ARTHUR J. FLORU WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL DONALD A. FURLAND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND APPEARED IN THE CONGRESSIONAL RECORD ON COLONEL TIMOTHY H. GAASCH JUNE 24, 2015. COLONEL KERRY M. GENTRY To be vice admiral ARMY NOMINATIONS BEGINNING WITH MATTHEW H. COLONEL JEROME M. GOUHIN REAR ADM. JOHN C. AQUILINO BROOKS AND ENDING WITH JAY D. HANSON, WHICH NOMI- COLONEL RANDY E. GREENWOOD NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL ROBERT J. GREY, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON JUNE 24, COLONEL EDITH M. GRUNWALD IN THE UNITED STATES NAVY TO THE GRADE INDICATED 2015. COLONEL GREGORY M. HENDERSON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATIONS BEGINNING WITH GIL A. COLONEL ELIZABETH A. HILL RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DIAZCRUZ AND ENDING WITH SOLIMAN G. VALDEZ, COLONEL JOHN S. JOSEPH To be vice admiral WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL JILL A. LANNAN AND APPEARED IN THE CONGRESSIONAL RECORD ON COLONEL JAMES M. LEFAVOR VICE ADM. ROBERT L. THOMAS, JR. JUNE 24, 2015. COLONEL JEFFREY A. LEWIS ARMY NOMINATIONS BEGINNING WITH NICHOLAS R. COLONEL TIMOTHY T. LUNDERMAN IN THE MARINE CORPS CABANO AND ENDING WITH JAMES W. PRATT, WHICH COLONEL ERIC W. MANN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL BETTY J. MARSHALL IN THE UNITED STATES MARINE CORPS TO THE GRADE PEARED IN THE CONGRESSIONAL RECORD ON JULY 8, COLONEL SHERRIE L. MCCANDLESS INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- 2015. COLONEL KEVIN T. MCMANAMAN TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., ARMY NOMINATIONS BEGINNING WITH KIMBERLY D. COLONEL DAVID J. MEYER SECTION 601: BRENDA AND ENDING WITH CARRIE A. STORER, WHICH COLONEL STEVEN S. NORDHAUS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL SCOTT W. NORMANDEAU To be lieutenant general PEARED IN THE CONGRESSIONAL RECORD ON JULY 8, COLONEL RICHARD C. OXNER, JR. MAJ. GEN. LAWRENCE D. NICHOLSON 2015. COLONEL KIRK S. PIERCE ARMY NOMINATIONS BEGINNING WITH ERIC J. COLONEL THERESA B. PRINCE IN THE AIR FORCE ANSORGE AND ENDING WITH D011713, WHICH NOMINA- COLONEL DAVID L. ROMUALD TIONS WERE RECEIVED BY THE SENATE AND APPEARED COLONEL EDWARD A. SAULEY III AIR FORCE NOMINATION OF ROBERT B. A. MACGREGOR, IN THE CONGRESSIONAL RECORD ON JULY 8, 2015. COLONEL KEITH A. SCHELL TO BE MAJOR. ARMY NOMINATIONS BEGINNING WITH JOHN L. AMENT COLONEL BRIAN M. SIMPLER AIR FORCE NOMINATIONS BEGINNING WITH JANE E. AND ENDING WITH WENDY G. WOODALL, WHICH NOMINA- COLONEL CHARLES G. STEVENSON BOOMER AND ENDING WITH MATTHEW D. VAN DALEN, TIONS WERE RECEIVED BY THE SENATE AND APPEARED COLONEL BRADLEY A. SWANSON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE CONGRESSIONAL RECORD ON JULY 8, 2015. COLONEL DEAN A. TREMPS AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATION OF LAURA M. HUDSON, TO BE COLONEL WILLIAM M. VALENTINE JUNE 24, 2015. MAJOR. COLONEL RICHARD W. WEDAN AIR FORCE NOMINATIONS BEGINNING WITH AFSANA AHMED AND ENDING WITH REGGIE D. YAGER, WHICH ARMY NOMINATION OF MARK R. READ, TO BE COLONEL. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- PEARED IN THE CONGRESSIONAL RECORD ON JUNE 24, IN THE MARINE CORPS CATED UNDER TITLE 10, U.S.C., SECTION 624: 2015. MARINE CORPS NOMINATION OF JOHN R. BARCLAY, TO AIR FORCE NOMINATIONS BEGINNING WITH JOHN C. BE LIEUTENANT COLONEL. To be brigadier general ROCKWELL AND ENDING WITH STEPHEN J. TORRES, COL. STEVEN A. SCHAICK WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE NAVY AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE ARMY JUNE 24, 2015. NAVY NOMINATION OF THOMAS F. MURPHY III, TO BE AIR FORCE NOMINATIONS BEGINNING WITH ANA M. CAPTAIN. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT APOLTAN AND ENDING WITH ALDO TTINOCO, WHICH NAVY NOMINATIONS BEGINNING WITH ARSLAN S. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CHAUDHRY AND ENDING WITH ANDREW D. SILVESTRI, CATED UNDER TITLE 10, U.S.C., SECTION 12203: PEARED IN THE CONGRESSIONAL RECORD ON JUNE 24, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 2015. AND APPEARED IN THE CONGRESSIONAL RECORD ON To be brigadier general AIR FORCE NOMINATIONS BEGINNING WITH BRIAN H. JUNE 24, 2015. ADAMS AND ENDING WITH MARY JEAN WOOD, WHICH NAVY NOMINATION OF BENJAMIN M. BOCHE, TO BE COL. JEFFREY A. DOLL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LIEUTENANT COMMANDER. IN THE AIR FORCE PEARED IN THE CONGRESSIONAL RECORD ON JUNE 24, NAVY NOMINATION OF MICHAEL J. ELLIOTT, TO BE 2015. CAPTAIN. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH ALLEN NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER N. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- KIPP ALBRIGHT AND ENDING WITH BRADLEY DUNCAN ANDREWS AND ENDING WITH NICHOLAS J. VANDYKE, CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE WHITE, WHICH NOMINATIONS WERE RECEIVED BY THE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION SENATE AND APPEARED IN THE CONGRESSIONAL AND APPEARED IN THE CONGRESSIONAL RECORD ON 601: RECORD ON JULY 15, 2015. JULY 8, 2015.

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