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

Vol. 161 WASHINGTON, TUESDAY, JULY 21, 2015 No. 114 House of Representatives The House met at noon and was ABC also reported that, in addition ple who manipulated the intelligence called to order by the Speaker pro tem- to charging $100,000 to speak at the failure to their own benefit.’’ pore (Mr. CURBELO of Florida). charity: ‘‘The former President was He further stated: ‘‘It destroyed the f also provided with a private jet to trav- balance of power in the Gulf and pro- el to Houston at a cost of $20,000.’’ duced what we have today, the chaos DESIGNATION OF SPEAKER PRO Further, ABC News reported: ‘‘One of we have today: al Qaeda in Iraq—never TEMPORE the wounded vets who served on the there until we invaded; ISIS—never The SPEAKER pro tempore laid be- charity board told ABC News he was there until we invaded; the mess we fore the House the following commu- outraged that his former commander in have in Yemen. Everything that’s hap- nication from the Speaker: chief would charge any fee to speak on pening in the today can be WASHINGTON, DC, behalf of men and women he ordered attributed to our having destroyed the July 21, 2015. into harm’s way. balance of power that we had carefully I hereby appoint the Honorable CARLOS ‘‘ ‘For him to be paid to raise money maintained for a half a century with CURBELO to act as Speaker pro tempore on for veterans that were wounded in com- the invasion in 2003. It was a disaster.’’ this day. bat under his orders, I don’t think I have a lot of respect for Colonel JOHN A. BOEHNER, Wilkerson because he is telling the Speaker of the House of Representatives. that’s right,’ said former Marine Eddie Wright.’’ truth when he made this statement to f Eddie Wright, Mr. Speaker, lost both MSNBC. MORNING-HOUR DEBATE hands in a rocket attack in Fallujah in Let me repeat the words of Marine Eddie Wright, who lost both hands in The SPEAKER pro tempore. Pursu- Iraq in the year 2004. Iraq: ‘‘For him,’’ President Bush, ‘‘to ant to the order of the House of Janu- This is so disappointing and out- be paid to raise money for veterans ary 6, 2015, the Chair will now recog- rageous. These veterans have been se- that were wounded . . . under his or- nize Members from lists submitted by verely wounded, and the President that ders, I don’t think that’s right.’’ the majority and minority leaders for led us into an unjustified war charges $100,000 to be in their presence. That is Mr. Speaker, it is not right; and I morning-hour debate. will add my own thoughts and use the wrong, Mr. Speaker. That is really, The Chair will alternate recognition word ‘‘shameful,’’ that the former between the parties, with each party really wrong. Many of these wounded veterans President and his administration, who limited to 1 hour and each Member created an unnecessary war and sent from Iraq and Afghanistan live in the other than the majority and minority our troops over there to die and also to Third District in North Carolina, which leaders and the minority whip limited be wounded, should not charge one I have the privilege to represent. For to 5 minutes, but in no event shall de- dime to go help them out now. bate continue beyond 1:50 p.m. years, I have felt deep regret over my So with that, Mr. Speaker, I will ask f vote to go into Iraq; and to atone for God to bless America. that, I have publicly and privately GEORGE W. BUSH SPEAKER’S FEE apologized and signed over 11,000 let- f The SPEAKER pro tempore. The ters to families who lost loved ones in THE CHATTANOOGA 5 Chair recognizes the gentleman from Afghanistan and Iraq because of my The SPEAKER pro tempore. The North Carolina (Mr. JONES) for 5 min- mistake. President Bush and Vice Chair recognizes the gentleman from utes. President Cheney have never publicly Texas (Mr. POE) for 5 minutes. Mr. JONES. Mr. Speaker, on Thurs- apologized to the families for the un- Mr. POE of Texas. Mr. Speaker, a day, July 9, I saw a report on ABC necessary war they began. gunman with a heart fatally bent on News that former President George W. Mr. Speaker, I think my friend Colo- mischief and with malice aforethought Bush charged $100,000 to speak at a nel Lawrence Wilkerson, who was chief unleashed hell in Chattanooga last charity fundraiser for military vet- of staff to former Secretary of State Thursday. The killer shot up an Armed erans wounded in Iraq and Afghani- , was right about the Iraq Forces recruiting center and then stan. I was disappointed to learn that a war. On MSNBC a couple of months drove to a Navy Reserve center and President who sent thousands of Amer- ago, Colonel Wilkerson stated: ‘‘The in- continued his shooting spree. Five war- icans to die in an unnecessary war jus- telligence was fixed, and everyone riors were caught in the gunman’s furi- tified by manipulated intelligence should know that by now. It was a fail- ous rampage and were killed. The kill- would charge a fee to speak at a fund- ure of the intelligence agencies, but it er, who once followed an al Qaeda cler- raiser for wounded veterans. was also a failure of the political peo- ic online, wounded three others.

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

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VerDate Sep 11 2014 04:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.000 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5300 CONGRESSIONAL RECORD — HOUSE July 21, 2015 To kill the very people who devote injury, Smith decided to forego sports taining two outside compliance firms. their lives to keeping our country safe and serve his Nation. He was a father This has cost the bank nearly $100,000 is ironically and tragically sad. They and a husband. He had three little more a year. In addition, numerous were fathers, boyfriends, sons, broth- girls. According to his Facebook page, other staff members now have to take ers, and friends whose lives were he was a passionate sports fan. He was time away from revenue-generating ac- robbed. passionate about the United States tivities to satisfy the compliance regu- The fallen were: Women’s Soccer team and their World lations of Dodd-Frank. Gunnery Sergeant Thomas J. Sul- Cup win. He had even a love for the They told me: ‘‘Compliance has al- livan, United States Marine Corps. He Houston Astros. He was 26. ways been a cost that is just a part of was from Massachusetts. Tommy, as Good men, good warriors, good Amer- our business. However, since Dodd- his buddies and family called him, was icans—all died before their time. This Frank, this cost has expanded greatly. deployed twice during the and was a senseless and callous act of hate. Unfortunately, since there is no offset- received two Purple Hearts. He had Even though these military facilities ting revenue for the expanding cost, we been enlisted for almost 18 years. The in Chattanooga are riddled with bullet are forced to consider passing on costs Sullivan family owns a local bar and holes, they are still a steadfast symbol to our customers with additional fees.’’ restaurant in Springfield, Massachu- of the patriotism of our military. Mr. Speaker, I wish I could say this setts, and pictures of red, white, and There are not enough tears or words is an isolated occurrence, but a recent blue ribbons memorialize the veteran to convey the sorrow that has engulfed study shows that Dodd-Frank has on the restaurants’s Facebook page. He this Nation. These volunteers that added 61 million hours of paperwork was an avid Boston sports fan who serve our country are the best that this and more than $24 billion in final rule loved Boston-based bands and musi- Nation has, and we continue to mourn costs for the financial industry in this cians. A friend said: ‘‘He was a short their loss and pray for their families country. Nationwide, we have lost ap- guy, but his personality was a lot big- and friends. proximately 1500 community banks al- ger than his height. You couldn’t just Ronald Reagan said it best: ‘‘We will ready. not like Tom.’’ He was 41. always remember. We will always be Lance Corporal Squire ‘‘Skip’’ Wells, proud. We will always be prepared, so The 5 years since Dodd-Frank was United States Marine Corps. He was we may always be free.’’ signed into law have been marked with from Cobb County, Georgia, and the The Chattanooga 5. 5 years of failure. service was in his blood. He was a stu- And that is just the way it is. UNDEFEATED SEASON ENDS WITH STATE dent attending Georgia Southern Uni- f CHAMPIONSHIP TITLE versity when he decided to follow in Mr. EMMER of Minnesota. Mr. the footsteps of his family and enlist. CARING FOR OUR VETERANS HERE AT HOME Speaker, I rise today to acknowledge God and country flowed deep in his and congratulate the Anoka-Hennepin veins. On Thursday, Skip had been The SPEAKER pro tempore. The Mustangs for being named the 2015 texting with his girlfriend of 21⁄2 years Chair recognizes the gentleman from Minnesota State champions in phys- about her upcoming visit to Chat- Minnesota (Mr. EMMER) for 5 minutes. ically impaired adapted softball. tanooga. The last text he sent her was Mr. EMMER of Minnesota. Mr. Comprised of students from Andover, two words in capitalized letters that Speaker, today I would like to recog- Anoka, Blaine, Champlin Park, and read, ‘‘active shooter.’’ She tried des- nize John Enstrom of Elk River and Coon Rapids, these players were a force perately to reach him, but she did not the Disabled Veterans of America orga- to be reckoned with at this year’s learn about the murders until the next nization for all the incredible work State championship tournament. Hav- day. He was in his early twenties. they have done and continue to do for ing earned the number one seed, the Sergeant Carson A. Holmquist, our Nation’s veterans. Mustangs went into the tournament United States Marine Corps. A patri- On August 5, John is hosting a char- boasting 11 wins, with more than 167 otic outdoorsman from a small town in ity fishing event in Ramsey, Min- runs scored during this season. Grantsburg, Wisconsin, he joined the nesota. He is hosting the event for dis- Marines right out of high school and abled American veterans. Along with With the momentum of an was taken to the battlefields in a for- friends and volunteers, John plans to undefeated season, the Mustangs eign land. He was deployed to Afghani- bring 150 wounded veterans to a private cruised to victory at the recent State stan twice as part of Operation Endur- lake for a great day of fishing, games, championship. After scoring nearly a ing Freedom. It was reported that he and simply enjoying the great Min- dozen runs and completing a few nota- was so proud of being a marine that, nesota outdoors. ble double plays, the Mustangs won the when he finished boot camp, he went Our veterans have stood for our coun- championship game with an 11–8 vic- right back to the small town of try’s freedom and individual liberty, tory over the Rochester Raiders. Even Grantsburg to visit his high school, all the while putting their lives on the more impressive, the Mustang cham- dressed in his Marine uniform. He and line. Disabled veterans have sacrificed pionship win ended a 6-year winning his wife had a young son and were ex- in order to protect and serve our great streak for the previous defending pecting another. He was 25. Nation. champions. Staff Sergeant David A. Wyatt, It is an extraordinary kind of person I ask that this body join me in con- United States Marine Corps. He was a who cares for others so deeply. I would gratulating these tremendous athletes. native of Russellville, Arkansas. He like to thank John and the Disabled Well done. was a husband and a father. He served Veterans of America not only for all SIDING WITH AMERICAN FARMERS one tour of duty in Iraq and one in Af- the work they have done for this event, ghanistan. He was described as a lead- but for also recognizing that veterans Mr. EMMER of Minnesota. Mr. er, a mentor, quick to help, and was need and deserve to be cared for once Speaker, I rise today to speak in sup- easy to approach. Wyatt was a father they return home. port of the House Agriculture and the who was overjoyed about the upcoming SMALL COMMUNITY BANKS HARMED BY DODD- Energy and Commerce Committees’ ac- birth of his second child. He also FRANK tions on the Safe and Accurate Food planned to serve at least 20 years in the Mr. EMMER of Minnesota. Mr. Labeling Act of 2015, of which I am a military. He was 35. Speaker, I rise today on the fifth anni- cosponsor. Petty Officer Second Class Randall versary of Dodd-Frank to share a story Biotechnology is nothing new. Nor- Smith, . He was a from a small community bank that has man Borlaug, a researcher and legend former high school baseball star from three locations in my district. This in my home State, was the ‘‘father of Paulding, Ohio, joined the Navy in 2010. bank is struggling due to the addi- the Green Revolution’’ while at the He was a pitcher for the Paulding High tional regulation that Dodd-Frank has University of Minnesota due to his School Panthers, and he accepted a imposed on them. groundbreaking work on high-yield scholarship to play baseball at Defi- They were forced to hire a full-time crops that have fed billions of people ance College in Ohio. After a shoulder compliance director in addition to re- around the globe.

VerDate Sep 11 2014 02:57 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.005 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5301 American farmers already deal with I encourage the Cypriot leaders to The students currently enrolled in heavy compliance regulations to en- keep up the hard work of unifying a the Veterans and Small Farmers Out- sure that our food is safe to eat. Fami- people divided for over a generation. reach program at FIU have the oppor- lies must know that Borlaug’s incred- Many hard issues remain, but, hope- tunity to learn more about tending ible accomplishment and the hard work fully, this will be the last year we ac- crops and raising livestock through ap- of the American farmer is not in vain. knowledge this illegal occupation. prenticeships throughout -Dade It is no surprise that I am not a fan f and Broward Counties. of the Federal bureaucracy, but on this I am confident these students will ELDRIDGE WILLIAMS, TUSKEGEE issue we must stand with American soon enter our workforce and be pro- AIRMAN farmers on the health and safety of our ductive members of the agriculture food. We should move in the right di- The SPEAKER pro tempore (Mr. community. We will all truly benefit rection, and the House should pass this EMMER of Minnesota). The Chair recog- from the fruits of their labor. bipartisan legislation that will create a nizes the gentleman from Florida (Mr. I thank FIU for their continued inno- voluntary label that supports farmers CURBELO) for 5 minutes. vation in bettering the south Florida and American families. Mr. CURBELO of Florida. Mr. Speak- community and wish only the best of er, I rise today in honor of one of my luck to the hard-working students of f constituents, Lieutenant Colonel this newly created program. b 1215 Eldridge Williams, a Tuskegee Airman IRAN who passed away this month at the age 41ST ANNIVERSARY OF TURKEY’S Mr. CURBELO of Florida. Mr. Speak- of 97. er, I rise today to express my serious INVASION OF CYPRUS Born in Texas in 1917, Lieutenant concerns over the Iran deal that was Colonel Williams graduated from Xa- The SPEAKER pro tempore. The recently announced. Chair recognizes the gentleman from vier University in 1942 and imme- So far, it appears that this agree- diately applied for the Army flight pro- Florida (Mr. BILIRAKIS) for 5 minutes. ment is bad for the United States and gram. He was commissioned as a sec- Mr. BILIRAKIS. Mr. Speaker, I rise bad for our allies in the region. As I today to mark an anniversary that has ond lieutenant in Miami Beach in 1942. Lieutenant Colonel Williams trained have said before, a weak deal that gives pained the Cypriot and Hellenic com- Iran any possibility of achieving a nu- munities for 41 years. Tuskegee Airmen who flew overseas to escort bomber planes across Europe. clear weapon is unacceptable. On July 20, 1974, 41 years ago yester- Key components of the nuclear pro- Though he didn’t make it overseas, he day, in blatant violation of inter- gram are still in place. Iran will still flew at the Tuskegee Institute and national law, Turkey invaded Cyprus be allowed to have centrifuges and con- trained other pilots until the end of and captured much of the northern tinue research and development on part of the island. World War II. He continued to serve during the 1948 Berlin Airlift and the them. The Natanz and Fordow facili- Since the invasion, Turkey has occu- ties will remain in place to purportedly pied nearly 40 percent of Cyprus. They Korean war. In 1949, Mr. Williams moved to Rich- continue their nuclear activities for inhabit homes previously owned by peaceful purposes. Greek Cypriots, forcibly relocating mond Heights, a community in South Miami-Dade established for Black serv- In addition to these troubling facts, 160,000 Greek Cypriots and infusing the icemen returning from the war. Mr. the Iranian regime is going to receive island with hundreds of thousands of Williams taught physical education at an exorbitant amount of money that Turkish settlers. Another 1,500 Cyp- Richmond Heights Middle School and they will undoubtedly use, at least in riots remain missing since the 1974 in- was soon after promoted to adminis- part, to fund Hamas and . vasion, including four Americans trator, serving as director of desegrega- Mr. Speaker, from what I can tell, whose remains have not been located. tion for Miami-Dade County Public this deal does not prevent Iran from Religious artifacts and cultural relics Schools. He retired from the school having the parts needed to reach the have been destroyed in the wake of the system in 1985, but remained com- nuclear threshold capability down the Turkish Army’s invasion and, after 41 mitted to overseeing programs aimed road and it will boost the regime’s abil- years of displacement, are now lost to at assisting kids that had dropped out ity to support terror in the region. time. Hundreds of churches and mon- of school. I strongly urge my colleagues to con- asteries have been shamefully dese- President George W. Bush presented tinue to carefully monitor this situa- crated, losing all sense of their historic Mr. Williams and the other living tion and consider the security interests and religious significance. Tuskegee Airmen with a Congressional of the United States and our allies as Cyprus has been a steadfast ally, and Gold Medal in 2007. This was an honor we continue analyzing this deal. Cypriots deserve an end to this sense- long overdue to these trailblazing he- EAGLE SCOUT RANK CONGRATULATIONS less division. roes. Mr. CURBELO of Florida. Mr. Speak- With negotiations underway again On behalf of a grateful Nation, I send er, I rise today to congratulate two for reunification, let’s hope this time my deepest condolences to Mr. Wil- students from my district, Daniel next year we will be celebrating the liams’ loved ones and the many lives Auster and Sebastian Torra, who have end of this illegal occupation. As it touched by his positive influence. May both achieved the rank of Eagle Scout builds, Turkey cannot be allowed to they take solemn pride in a life well with Troop 69 of Homestead, Florida. stonewall this democratic process any lived. This prestigious accomplishment has longer. FIU VETERANS AND SMALL FARMERS OUTREACH only been achieved by 4 percent of Boy Today the United States stands in a Mr. CURBELO of Florida. Mr. Speak- Scouts nationwide. unique role as a friend of both Cyprus er, I rise today to recognize Florida Daniel was the first scout in Troop 69 and Turkey. As an honest broker to International University and their out- to attain an Eagle Palm pin in the last both sides, we can help them to see reach to those in our agriculture com- 15 years. His fellow troop member, Se- that a unified future for Cyprus is far munity. bastian, completed 173 volunteer hours more promising than the present. I recently learned of a new program at Jack D. Gordon Elementary School The United States’ relationship with created by FIU to give veterans, along for his Eagle Scout project, both im- all its allies—Turkey included—must with minority and women farmers, the pressive accomplishments. be based on shared values and mutual opportunity to expand their knowledge Daniel and Sebastian are exemplary respect. At the core, the rule of law of the agriculture business. of the Boy Scout slogan ‘‘Do a good must be respected above all else. The Veterans and Small Farmers turn daily.’’ I applaud their hard work Forty-one years of illegal occupation Outreach program will provide direct and dedication to achieve this honor. is 41 years too long. Cyprus has long benefits to not only our brave men and They truly embody the Boy Scouts’ been a strong and faithful ally of the women returning from harm’s way, but commitment to our community. I am United States, and we owe our support also to the countless small farms in always pleased to see young people for both peace and the end of this ille- Homestead, an agriculture-focused with such dedication to giving back gal occupation. community in south Florida. and making our neighborhoods better.

VerDate Sep 11 2014 04:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.003 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5302 CONGRESSIONAL RECORD — HOUSE July 21, 2015 Once again, congratulations to Dan- Ms. FOXX. Mr. Speaker, today I rise make it binding on America? Yes. But iel and Sebastian. to recognize Yadkin Valley Motor the administration, ignoring Congress’ f Company in North Wilkesboro, North future vote, went to get the U.N. ap- Carolina, which recently celebrated its proval anyway. But this deal is bad for RECESS 100th anniversary. the world and the United States. The SPEAKER pro tempore. Pursu- It is the oldest Ford dealership in the The United States foreign policy used ant to clause 12(a) of rule I, the Chair Carolinas and 20th oldest out of about to be that Iran would never have nu- declares the House in recess until 2 3,100 Ford dealerships nationwide. clear weapons. That has changed. p.m. today. A.F. Kilby was the first of four gen- This deal legitimizes nuclear weapon Accordingly (at 12 o’clock and 24 erations of Kilbys to sell Fords at development in 10 years. It allows the minutes p.m.), the House stood in re- Yadkin Valley. His son, Andrew ‘‘Bud’’ lifting of conventional arms embargo cess. Kilby, and grandson, John Kilby, Sr., in 5 years. It allows Iran to develop now own the dealership. ICBM capacity in 8 years. It imme- f At 89 years old, Bud still works at diately gives Iran billions of dollars, b 1400 the dealership 6 days a week. John money that I believe will be used to serves as general manager. And his son, give to terrorist groups, since Iran is AFTER RECESS John Kilby, Jr., is a salesman and the number one state sponsor of ter- The recess having expired, the House Internet manager. rorism in the world. was called to order by the Speaker pro In May, more than 1,500 people Mr. Speaker, the United Nations tempore (Mr. HOLDING) at 2 p.m. turned out for a special car show mark- doesn’t control my vote. The people of ing the 100th anniversary. Several hun- f Texas do. The people I represent think dred vehicles, including a number of this is a bad deal and don’t want the PRAYER antique Fords, participated. United States to be a part of this Ira- Congratulations to the Kilby family The Chaplain, the Reverend Patrick nian nuclear weapon development fi- and everyone at Yadkin Valley Motor J. Conroy, offered the following prayer: asco. And that is the way I will vote, Company on this significant milestone. Loving God, we give You thanks for whether the U.N. or the administration giving us another day. f likes it or not. Stir our spirits, O Lord, that we may REAUTHORIZE THE EXPORT- And that is just the way it is. praise You with full attention and be IMPORT BANK f whole-hearted in all the tasks You set (Mr. KILDEE asked and was given OLDER AMERICANS MONTH before us this day. permission to address the House for 1 We can see Your deeds unfolding in (Mrs. DINGELL asked and was given minute.) permission to address the House for 1 our history and in every act of justice Mr. KILDEE. Mr. Speaker, yesterday minute and to revise and extend her re- and kindness. Bless those who have I met with business owners and the marks.) blessed us, and be close to those most Chamber of Commerce back home in in need of Your compassion and love. Mrs. DINGELL. Mr. Speaker, this to discuss what actions we month is an opportunity to celebrate Fear of You, O Lord, is the beginning can take here in Congress to create of wisdom. Bless the Members of this some critical programs. The Older jobs and to boost our economy. Americans Act celebrated its 50th anni- people’s House with such wisdom. As One action that came up is that Con- versary this past Tuesday. Medicare they resume the work of this assembly, gress could immediately act to bring and Medicaid turn 50 later this month. guide them to grow in understanding in up legislation to reauthorize the Ex- And Social Security turns 80 in Au- attaining solutions to our Nation’s port-Import Bank. needs that are imbued with truth and It was clear to these businessowners gust. justice. Michigan jobs are at risk if Ex-Im is But it is also a time to reframe how May all that is done this day be for permanently shuttered. This bank, the we look at aging in this country. With Your greater honor and glory. Ex-Im Bank, supports over a million Americans living longer and healthier Amen. U.S. jobs, thousands of small busi- lives, we need to create a new paradigm that ensures older Americans are living f nesses, across the country. Sadly, the reauthorization of the Ex- longer with the highest quality of life THE JOURNAL port-Import Bank, which has been sup- for the longest time possible. ported for over 80 years by Democrats Doing this means we help our aging The SPEAKER pro tempore. The population feel part of the community, Chair has examined the Journal of the and Republicans in this House and in the White House, has become a victim provide opportunities for them to stay last day’s proceedings and announces physically and socially active, and to the House his approval thereof. of Washington’s partisan gridlock, and it is Michigan’s businesses and workers maintain a serious purpose of life and a Pursuant to clause 1, rule I, the Jour- zest for life. nal stands approved. and workers all across this country that are paying the price for Congress’ I came to Congress to protect Medi- f unwillingness to take this up. care and Social Security. They are bed- rock programs that seniors depend on PLEDGE OF ALLEGIANCE Nearly every developed country, in- cluding China, has an export credit for a safe, healthy, and secure retire- The SPEAKER pro tempore. Will the agency of some type. Ex-Im cannot be ment. gentleman from Ohio (Mr. CHABOT) allowed to expire. American jobs are at As we celebrate the anniversaries come forward and lead the House in the risk. this year, we need to improve and Pledge of Allegiance. Let’s reauthorize the Export-Import strengthen these programs to better Mr. CHABOT led the Pledge of Alle- Bank. meet the needs of our seniors. We can giance as follows: f start by expanding Medicare to cover I pledge allegiance to the Flag of the things like hearing aids. IRANIAN NUCLEAR DEAL United States of America, and to the Repub- f lic for which it stands, one nation under God, (Mr. POE of Texas asked and was FLYING TIGERS indivisible, with liberty and justice for all. given permission to address the House f for 1 minute and to revise and extend (Mr. CHABOT asked and was given his remarks.) permission to address the House for 1 CONGRATULATING YADKIN VAL- Mr. POE of Texas. Mr. Speaker, the minute.) LEY MOTOR COMPANY ON 100 Iranian nuclear deal has been approved Mr. CHABOT. Mr. Speaker, as we YEARS by the U.N. Security Council by a vote look back some 70 years in commemo- (Ms. FOXX asked and was given per- of 15–0. ration of the end of World War II, it is mission to address the House for 1 But wait. Isn’t Congress supposed to a good time to reflect upon one group minute.) vote on approval or disapproval to of unsung heroes who went above and

VerDate Sep 11 2014 02:57 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.004 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5303 beyond their service to preserve the Mr. MCKINLEY. Mr. Speaker, it is not agree with Hillary Clinton’s plan freedoms we enjoy today. the most trying times that bring out to legalize even more. The Flying Tigers aircraft was easily the best in people. West Virginia has A recent Rasmussen poll found that a recognizable because it had the face of faced high water and floods over the majority of Americans, 63 percent, now a shark painted on the nose of the past few weeks. Recently there was an think gaining control of our border is plane and its menacing teeth served as act of heroism in Wood County that de- more important than legalizing those a warning to their enemies wherever serves recognition on the House floor. already in the United States. they flew. On their way home on Sunday, 15- Earlier this month Rasmussen re- During World War II, when Taiwan year-old Brant Freeland and his moth- ported that a majority of Americans was brutally attacked by the Japanese, er pulled over to wait out high water believe illegal immigration increases its leader called upon the world com- blocking the road. Brant noticed a car the level of serious crime in America. munity for help. A group of American caught in the rising water ahead of Tragically, the death of Kate Steinle volunteers answered the call and joined him. Not thinking twice, Brant bolted in San Francisco serves as a reminder up with Taiwan’s Air Force to become from his car to see if someone was in- of how the administration’s failed poli- one of the most important elements in side. cies have endangered the lives of inno- the ultimate defeat of the Japanese in- There he found 69-year-old Connie cent Americans. vaders. Boggs trapped inside with the water Instead of putting the safety of It is fitting that we recognize the rising. He wrenched open the door and Americans first, the administration role of the Flying Tigers and Taiwan’s got her to safety. has often given a free pass to violent Air Force in holding off the onslaught criminals who cross our border ille- that U.S. military forces eventually Connie said, ‘‘If it wasn’t for Brant, I would more than likely have drowned.’’ gally. rolled back. The administration should listen to Mr. Speaker, the Flying Tigers held For his part, Brant said the last the American people. Securing our bor- the fort until our Nation was able to thing on his mind when he entered the gather our strength. For this, we are water was being a hero. ‘‘I was just ders should be its first priority, not eternally grateful. worried about saving that lady’s life. giving amnesty to those who are here We remember. We are grateful. We That is all.’’ illegally. salute you. Brant did more than that. He showed f f us the kind of courage that is too often RECESS missing these days. COLOMBIAN INDEPENDENCE DAY The SPEAKER pro tempore. Pursu- f (Mr. GALLEGO asked and was given ant to clause 12(a) of rule I, the Chair permission to address the House for 1 CHATTANOOGA 5 declares the House in recess until ap- minute.) (Mr. ZINKE asked and was given per- proximately 4:30 p.m. today. Mr. GALLEGO. Mr. Speaker, yester- mission to address the House for 1 Accordingly (at 2 o’clock and 14 min- day I joined the people of Colombia and minute.) utes p.m.), the House stood in recess. my fellow Colombian Americans in Mr. ZINKE. Mr. Speaker, today I rise f celebrating the nation’s 215 years of to pay tribute to Marine Sergeant Car- b 1631 independence. son Homquist, Marine Gunnery Ser- I am extremely proud of Colombia’s geant and Purple Heart recipient AFTER RECESS rich history and vibrant culture. I am Thomas Sullivan, Marine Lance Cor- The recess having expired, the House even prouder of the close friendship be- poral Skip Wells, Marine Sergeant was called to order by the Speaker pro tween our two countries, a partnership David Wyatt, and Navy Petty Officer tempore (Mr. FARENTHOLD) at 4 o’clock which has never been more important. Second Class Randall Smith. and 31 minutes p.m. On issues from narcotrafficking to I also rise to assure their loved ones f the promotion of democracy, the and the American people that Congress MESSAGE FROM THE PRESIDENT United States and Colombia are work- will act to prevent this tragic loss from ing arm in arm together to make our occurring again. A message in writing from the Presi- hemisphere a more peaceful and pros- This week I am joining Congressman dent of the United States was commu- perous place. and former Marine Corps Major DUN- nicated to the House by Mr. Brian Mr. Speaker, the Colombian people CAN HUNTER in introducing legislation Pate, one of his secretaries. are celebrating their independence at a to enhance security at our Armed f critical juncture in Colombian history. Forces centers by allowing our mili- After decades of bloody conflict and COMMUNICATION FROM THE tary members to defend themselves instability, Colombia is engaged in in- CLERK OF THE HOUSE from attacks. tense negotiations with the FARC gue- Congress and I send a clear message The SPEAKER pro tempore laid be- rillas, talks that could produce a land- that this cowardly attack will not be fore the House the following commu- mark peace agreement. ignored and our heroes shall not die in nication from the Clerk of the House of This inspiring effort not only dem- Representatives: onstrates the Colombian Government’s vain. I urge all Members to join me in fly- OFFICE OF THE CLERK, commitment to peace, but also the Co- HOUSE OF REPRESENTATIVES, lombian people’s capacity for healing ing the Marine Corps flag and the Navy Anchor flag outside their D.C. office Washington, DC, July 21, 2015. and forgiveness. Hon. JOHN A. BOEHNER, I commend Colombian President this week. The Speaker, House of Representatives, Wash- Santos and his administration for the God bless America and the men and ington, DC. progress to date and encourage both women who defend her. Semper fi and DEAR MR. SPEAKER: Pursuant to the per- parties to press ahead, despite the ob- anchors aweigh. mission granted in Clause 2(h) of Rule II of stacles that remain. f the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- Mr. Speaker, my sincere hope is that AMERICANS SUPPORT BORDER 1 year from today the Colombian peo- sage from the Secretary of the Senate on SECURITY, NOT LEGALIZATION July 21, 2015 at 3:15 p.m. ple will be able to celebrate not just That the Senate passed S. 1177. their innocence, but their freedom (Mr. SMITH of Texas asked and was With best wishes, I am from fear and violence. given permission to address the House Sincerely, for 1 minute and to revise and extend f KAREN L. HAAS. his remarks.) f WOOD COUNTY’S BRANT Mr. SMITH of Texas. Mr. Speaker, FREELAND Americans do not agree with the Presi- ANNOUNCEMENT BY THE SPEAKER (Mr. MCKINLEY asked and was given dent’s executive order giving amnesty PRO TEMPORE permission to address the House for 1 to 5 million immigrants who are in the The SPEAKER pro tempore. Pursu- minute.) U.S. illegally, and they especially do ant to clause 8 of rule XX, the Chair

VerDate Sep 11 2014 02:57 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.007 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5304 CONGRESSIONAL RECORD — HOUSE July 21, 2015 will postpone further proceedings ‘‘(E) the percentage of hospital care, med- that a conflict arises between this section today on motions to suspend the rules ical services, and nursing home care pro- and a provision of the Federal Food, Drug, on which a recorded vote or the yeas vided to such veterans in Department facili- and Cosmetic Act (21 U.S.C. 301 et seq.) or and nays are ordered, or on which the ties and in non-Department facilities and sections 351 or 361 of the Public Health Serv- any changes in such percentages compared ice Act (42 U.S.C. 262) (including any regula- vote incurs objection under clause 6 of to the year preceding the year covered by tions issued under such Acts), the provision rule XX. the report; the Federal Food, Drug, and Cosmetic Act or Record votes on postponed questions ‘‘(F) pharmaceutical prices; and Public Health Service Act (including any will be taken later. ‘‘(G) third party health billings owed to regulations issued under such Acts) shall f the Department, including the total amount apply. of such billings and the total amounts col- ‘‘(d) DEFINITION OF BIOLOGICAL IMPLANT.— VETERANS INFORMATION lected, set forth separately for claims great- In this section, the term ‘biological implant’ MODERNIZATION ACT er than $1000 and for claims equal to or less means any animal or human cell, tissue, or cellular or tissue-based product— Mr. BENISHEK. Mr. Speaker, I move than $1000. ‘‘(c) DEFINITIONS.—In this section, the ‘‘(1) under the meaning given the term to suspend the rules and pass the bill human cells, tissues, or cellular or tissue- (H.R. 2256) to amend title 38, United terms ‘hospital care’, ‘medical services’, ‘nursing home care’, and ‘non-Department based products in section 1271.3 of title 21, States Code, to direct the Secretary of facilities’ have the meanings given such Code of Federal Regulations, or any suc- Veterans Affairs to submit an annual terms in section 1701 of this title.’’. cessor regulation; or report on the Veterans Health Admin- (b) CLERICAL AMENDMENT.—The table of ‘‘(2) that is regulated as a device under sec- istration and the furnishing of hospital sections at the beginning of such chapter is tion 201(h) of the Federal Food, Drug, and care, medical services, and nursing amended by inserting after the item relating Cosmetic Act.’’. to section 7330A the following new item: (b) CLERICAL AMENDMENT.—The table of home care by the Department of Vet- sections at the beginning of such chapter, as erans Affairs, as amended. ‘‘7330B. Annual report on Veterans Health amended by section 2, is further amended by The Clerk read the title of the bill. Administration and furnishing inserting after the item relating to section The text of the bill is as follows: of hospital care, medical serv- 7330B, as added by section 2, the following H.R. 2256 ices, and nursing home care.’’. new item: SEC. 3. EXPANSION OF DEFINITION OF HOME- ‘‘7330C. Identification and tracking of bio- Be it enacted by the Senate and House of Rep- LESS VETERAN FOR PURPOSES OF resentatives of the United States of America in BENEFITS UNDER THE LAWS ADMIN- logical implants.’’. Congress assembled, ISTERED BY THE SECRETARY OF (c) IMPLEMENTATION DEADLINES.— SECTION 1. SHORT TITLE. VETERANS AFFAIRS. (1) STANDARD IDENTIFICATION SYSTEM.— This Act may be cited a the ‘‘Veterans In- Section 2002(1) of title 38, United States (A) IN GENERAL.—With respect to biological formation Modernization Act’’. Code, is amended by inserting ‘‘or (b)’’ after implants described in paragraph (1) of sub- SEC. 2. ANNUAL REPORT ON VETERANS HEALTH ‘‘section 103(a)’’. section (d) of section 7330C of title 38, United ADMINISTRATION AND FURNISHING SEC. 4. IDENTIFICATION AND TRACKING OF BIO- States Code, as added by subsection (a), the OF HOSPITAL CARE, MEDICAL SERV- LOGICAL IMPLANTS USED IN DE- Secretary of Veterans Affairs shall adopt or ICES, AND NURSING HOME CARE. PARTMENT OF VETERANS AFFAIRS implement a standard identification system (a) IN GENERAL.—Subchapter II of chapter MEDICAL FACILITIES. for biological implants, as required by sub- 73 of title 38, United States Code, is amended (a) IN GENERAL.—Subchapter II of chapter section (a) of such section, by not later than by adding at the end the following new sec- 73 of title 38, United States Code, as amended the date that is 180 days after the date of the tion: by section 2, is further amended by adding at enactment of this Act. ‘‘§ 7330B. Annual report on Veterans Health the end the following new section: (B) IMPLANTS REGULATED AS DEVICES.— Administration and furnishing of hospital ‘‘§ 7330C. Identification and tracking of bio- With respect to biological implants described care, medical services, and nursing home logical implants in paragraph (2) of subsection (d) of such sec- tion, the Secretary of Veterans Affairs shall care ‘‘(a) STANDARD IDENTIFICATION SYSTEM FOR adopt or implement such standard identifica- ‘‘(a) REPORT REQUIRED.—Not later than BIOLOGICAL IMPLANTS.—(1) The Secretary tion system in compliance with the compli- March 1 during each of years 2016 through shall adopt the unique device identification ance dates established by the Food and Drug 2020, the Secretary shall submit to the Com- system developed for medical devices by the Administration pursuant to section 519(f) of mittees on Veterans’ Affairs of the Senate Food and Drug Administration pursuant to the Federal Food, Drug, and Cosmetic Act and House of Representatives a report on the section 519(f) of the Federal Food, Drug, and (21 U.S.C. 360i(f)). furnishing of hospital care, medical services, Cosmetic Act (21 U.S.C. 360i(f)), or imple- (2) TRACKING SYSTEM.—The Secretary of and nursing home care under the laws ad- ment a comparable standard identification ministered by the Secretary and on the ad- Veterans Affairs shall implement the bio- system, for use in identifying biological im- logical implant tracking system required by ministration of the provision of such care plants intended for use in medical proce- and services by the Veterans Health Admin- section 7330C(b), as added by subsection (a), dures conducted in medical facilities of the by not later than the date that is 180 days istration during the calendar year preceding Department. the calendar year during which the report is after the date of the enactment of this Act. ‘‘(2) In adopting or implementing a stand- (d) REPORTING REQUIREMENT.— submitted. ard identification system for biological im- (1) IN GENERAL.—If the biological implant ‘‘(b) CONTENTS OF REPORT.—Each report re- plants under paragraph (1), the Secretary tracking system required by section 7330C(b) quired by subsection (a) shall include each of shall permit a vendor to use any of the ac- the following for the year covered by the re- of title 38, United States Code, as added by credited entities identified by the Food and subsection (a), is not operational by the date port: Drug Administration as an issuing agency ‘‘(1) An evaluation of the effectiveness of that is 180 days after the date of the enact- pursuant to section 830.100 of title 21, Code of ment of this Act, the Secretary of Veterans the Veterans Health Administration pro- Federal Regulations, or any successor regu- Affairs shall submit to the Committees on gram in increasing the access of veterans eli- lation. Veterans’ Affairs of the Senate and House of gible for hospital care, medical services, and ‘‘(b) BIOLOGICAL IMPLANT TRACKING SYS- Representatives a written explanation for nursing home care furnished by the Sec- TEM.—(1) The Secretary shall implement a why the system is not operational for each retary to such care. system for tracking the biological implants month until such time as the system is oper- ‘‘(2) An evaluation of the effectiveness of referred to in subsection (a) from human ational. the Veterans Health Administration in im- donor or animal source to implantation. (2) ELEMENTS.—Each explanation sub- proving the quality of health care provided ‘‘(2) The tracking system implemented mitted under paragraph (1) shall include a to such veterans, without increasing the under paragraph (1) shall be compatible with description of the following: costs incurred by the Government or such the identification system adopted or imple- (A) Each impediment to the implementa- veterans, which includes the relevant infor- mented under subsection (a). tion of the system described in such para- mation for each medical center and Veterans ‘‘(3) The Secretary shall implement inven- graph. Integrated Service Network of the Depart- tory controls compatible with the tracking (B) Steps being taken to remediate each ment set forth separately. system implemented under paragraph (1) so such impediment. ‘‘(3) An assessment of— that all patients who have received, in a (C) Target dates for a solution to each such ‘‘(A) the workload of physicians and other medical facility of the Department, a bio- impediment. employees of the Veterans Health Adminis- logical implant subject to a recall can be no- SEC. 5. PROCUREMENT OF BIOLOGICAL IM- tration; tified of the recall, if based on the evaluation PLANTS USED IN DEPARTMENT OF ‘‘(B) patient demographics and utilization of appropriate medical personnel of the De- VETERANS AFFAIRS MEDICAL FA- rates; partment of the risks and benefits, the Sec- CILITIES. ‘‘(C) physician compensation; retary determines such notification is appro- (a) PROCUREMENT.— ‘‘(D) the productivity of physicians and priate. (1) IN GENERAL.—Subchapter II of chapter other employees of the Veterans Health Ad- ‘‘(c) CONSISTENCY WITH FOOD AND DRUG AD- 81 of such title is amended by adding at the ministration; MINISTRATION REGULATIONS.—To the extent end the following new section:

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‘‘§ 8129. Procurement of biological implants vides to the Food and Drug Administration (c) SPECIAL RULE FOR CRYOPRESERVED ‘‘(a) IN GENERAL.—(1) The Secretary may as required in part 803 of title 21, Code of PRODUCTS.—During the three-year period be- procure biological implants of human origin Federal Regulations, or any warning letter ginning on the effective date of section 8129 only from vendors that meet the following from the Food and Drug Administration of title 38, United States Code, as added by conditions: issued to the vendor or the original product subsection (a), biological implants produced ‘‘(A) The vendor uses the standard identi- manufacturer it uses by not later than 60 and labeled before that date may be procured fication system adopted or implemented by days after the vendor receives such report or by the Department of Veterans Affairs with- the Secretary under section 7330C(a) of this warning letter. out relabeling under the standard identifica- tion system adopted or implemented under title and has safeguards to ensure that a dis- ‘‘(E) The vendor agrees to retain all section 7330C of such title, as added by sec- tinct identity code has been in place at each records associated with the procurement of a tion 4(a). step of distribution of each biological im- biological implant by the Department for at plant from its donor. least 10 years after the date of the procure- SEC. 6. EXTENSION OF ROUNDING DOWN OF PER- CENTAGE INCREASES OF RATES OF ‘‘(B) The vendor is registered as required ment of the biological implant. ‘‘(3)(A) The Secretary shall procure bio- CERTAIN EDUCATIONAL ASSIST- by the Food and Drug Administration under ANCE. logical implants under the Federal Supply subpart B of part 1271 of title 21, Code of Fed- (a) MONTGOMERY GI BILL.—Section eral Regulations, or any successor regula- Schedules of the General Services Adminis- 3015(h)(2) of title 38, United States Code, is tion, and in the case of a vendor that uses a tration unless such implants are not avail- amended— tissue distribution intermediary or a tissue able under such Schedules. (1) by striking ‘‘fiscal year 2014’’ and in- processor, the vendor provides assurances ‘‘(B) With respect to biological implants serting ‘‘fiscal year 2020’’; and that the tissue distribution intermediary or listed on the Federal Supply Schedules, the (2) by striking ‘‘fiscal year 2013’’ and in- tissue processor is registered as required by Secretary shall accommodate reasonable serting ‘‘fiscal year 2019’’. the Food and Drug Administration. vendor requests to undertake outreach ef- (b) SURVIVORS AND DEPENDENTS EDU- ‘‘(C) The vendor ensures that donor eligi- forts to educate medical professionals of the CATIONAL ASSISTANCE.—Section 3564(b) of bility determinations and such other records Department about the use and efficacy of such title is amended— as the Secretary may require accompany such biological implants. (1) by striking ‘‘fiscal year 2014’’ and in- each biological implant at all times, regard- ‘‘(C) In the case of biological implants that serting ‘‘fiscal year 2020’’; and less of the country of origin of the donor of are unavailable for procurement under the (2) by striking ‘‘fiscal year 2013’’ and in- the biological material. Federal Supply Schedules, the Secretary serting ‘‘fiscal year 2019’’. ‘‘(D) The vendor agrees to cooperate with shall procure such implants using competi- SEC. 7. VETERANS EXPEDITED RECOVERY COM- all biological implant recalls conducted on tive procedures in accordance with applica- MISSION. the vendor’s own initiative, on the initiative ble law and the Federal Acquisition Regula- (a) ESTABLISHMENT.—There is established of the original product manufacturer used by tion. the Veterans Expedited Recovery Commis- the vendor, by the request of the Food and ‘‘(4) Section 8123 of this title shall not sion (in this section referred to as the ‘‘Com- Drug Administration, or by a statutory order apply to the procurement of biological im- mission’’). of the Food and Drug Administration. plants. (b) DUTIES.—The Commission shall perform the following duties: ‘‘(E) The vendor agrees to notify the Sec- ‘‘(b) PENALTIES.—In addition to any appli- (1) Examine the efficacy of the evidence- retary of any adverse event or reaction re- cable penalty under any other provision of based therapy model used by the Secretary port it provides to the Food and Drug Ad- law, any procurement employee of the De- of Veterans Affairs for treating mental ministration, as required by section 1271.350 partment who is found responsible for a bio- health illnesses of veterans and identify of title 21, Code of Federal Regulations, or logical implant procurement transaction areas to improve wellness-based outcomes. any successor regulation, or any successor with intent to avoid or with reckless dis- (2) Conduct a patient-centered survey with- regulation, or of any warning letter from the regard of the requirements of this section in each of the Veterans Integrated Service Food and Drug Administration issued to the shall be ineligible to hold a certificate of ap- Networks to examine— vendor or a tissue processor or tissue dis- pointment as a contracting officer or to serve as the representative of an ordering of- (A) the experience of veterans with the De- tribution intermediary it uses by not later partment of Veterans Affairs when seeking than 60 days after the vendor receives such ficer, contracting officer, or purchase card holder. medical assistance for mental health issues report or warning letter. through the health care system of the De- ‘‘(F) The vendor agrees to retain all ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘biological implant’ shall partment; records associated with the procurement of a (B) the experience of veterans with non-De- biological implant by the Department for at have the meaning given such term in section 7330C(d) of this title. partment medical facilities and health pro- least 10 years after the date of the procure- fessionals for treating mental health issues; ment of the biological implant. ‘‘(2) The term ‘distinct identity code’ means a code that— (C) the preferences of veterans regarding ‘‘(G) The vendor provides assurances that available treatments for mental health the biological implants provided by the ven- ‘‘(A) relates a biological implant to the human donor of the implant and to all issues and which methods the veterans be- dor are acquired only from tissue processors lieve to be most effective; records pertaining to the implant; that maintain active accreditation with the (D) the experience, if any, of veterans with ‘‘(B) includes information designed to fa- American Association of Tissue Banks or a respect to the complementary alternative cilitate effective tracking, using such code, similar national accreditation specific to bi- treatment therapies described in subpara- from the donor to the recipient and from the ological implants. graphs (A) through (I) in paragraph (3); recipient to the donor; and ‘‘(2) The Secretary may procure biological (E) the prevalence of prescribing prescrip- ‘‘(C) satisfies the requirements of section implants of non-human origin only from ven- tion medication among veterans seeking 1271.290 of title 21, Code of Federal Regula- dors that meet the following conditions: treatment through the health care system of tions, or any successor regulation. ‘‘(A) The vendor uses the standard identi- the Department as remedies for addressing ‘‘(3) The term ‘tissue distribution inter- fication system adopted or implemented by mental health issues; and the Secretary under section 7330C(a) of this mediary’ means an agency that acquires and (F) the outreach efforts of the Secretary title. stores human tissue for further distribution regarding the availability of benefits and ‘‘(B) The vendor is a registered establish- and performs no other tissue banking func- treatments for veterans for addressing men- ment as required by the Food and Drug Ad- tions. tal health issues, including by identifying ministration under sections 807.20 and 807.40 ‘‘(4) The term ‘tissue processor’ means an ways to reduce barriers to and gaps in such of title 21, Code of Federal Regulations, or entity processing human tissue for use in bi- benefits and treatments. any successor regulation, (or is not required ological implants including activities per- (3) Examine available research on com- to register pursuant to section 807.65(a) of formed on tissue other than donor screening, plementary alternative treatment therapies such title) and in the case of a vendor that is donor testing, tissue recovery and collection for mental health issues and identify what not the original product manufacturer of functions, storage, or distribution.’’. benefits could be made with the inclusion of such implants the vendor provides assur- (2) CLERICAL AMENDMENT.—The table of such treatments for veterans, including with ances that the original product manufac- sections at the beginning of such chapter is respect to— turer is registered as required by the Food amended by adding at the end of the items (A) music therapy; and Drug Administration. relating to such subchapter the following (B) equine therapy; ‘‘(C) The vendor agrees to cooperate with new item: (C) training and caring for service dogs; all biological implant recalls conducted on ‘‘8129. Procurement of biological implants.’’. (D) yoga therapy; the vendor’s own initiative, on the initiative (b) EFFECTIVE DATE.—Section 8129 of title (E) acupuncture therapy; of the original product manufacturer used by 38, United States Code, as added by sub- (F) meditation therapy; the vendor, by the request of the Food and section (a), shall take effect on the date that (G) outdoor sports therapy; Drug Administration, or by a statutory order is 180 days after the date on which the track- (H) hyperbaric oxygen therapy; of the Food and Drug Administration. ing system required under subsection (b) of (I) accelerated resolution therapy; and ‘‘(D) The vendor agrees to notify the Sec- section 7330C of such title, as added by sec- (J) other therapies the Commission deter- retary of any adverse event report it pro- tion 4(a) is implemented. mines appropriate.

VerDate Sep 11 2014 02:57 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.003 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5306 CONGRESSIONAL RECORD — HOUSE July 21, 2015 (4) Study the potential increase of claims and other organizations as the Commission President a report detailing the level of co- relating to mental health issues submitted determines appropriate. operation the Secretary of Veterans Affairs to the Secretary by veterans who served in (5) COMMISSION RECORDS.—The Commission (and the heads of other departments or agen- Operation Enduring Freedom, Operation shall keep an accurate and complete record cies of the Federal Government) has provided Iraqi Freedom, or Operation New Dawn, in- of the actions and meetings of the Commis- to the Commission. cluding an assessment of the resources avail- sion. Such record shall be made available for (B) OTHER REPORTS.—In carrying out the able within the Department to ensure that public inspection and the Comptroller Gen- duties pursuant to subsection (b), at times quality health care demands relating to such eral of the United States may audit and ex- that the Commission determines appro- claims can be delivered in a timely manner. amine such record. priate, the Commission shall submit to the (c) MEMBERSHIP.— (6) PERSONNEL MATTERS.—Upon request of Committees on Veterans’ Affairs of the (1) NUMBER AND APPOINTMENT.— the chairman of the Commission, the head of House of Representatives and the Senate and (A) IN GENERAL.—The Commission shall be any department or agency of the Federal any other appropriate entities an interim re- composed of 10 members, appointed as fol- Government may detail, on a reimbursable port with respect to the findings identified lows: basis, any personnel of that department or by the Commission. (i) Two members appointed by the Speaker agency to assist the Commission in carrying (2) FINAL REPORT.—Not later than 18 of the House of Representatives, at least one out the duties of the Commission. months after the first meeting of the Com- of whom shall be a veteran. (7) COMPENSATION OF MEMBERS; TRAVEL EX- mission, the Commission shall submit to the (ii) Two members appointed by the Minor- PENSES.—Each member shall serve without Committees on Veterans’ Affairs of the ity Leader of the House of Representatives, pay, except that each member shall receive House of Representatives and the Senate, the at least one of whom shall be a veteran. travel expenses to perform the duties of the President, and the Secretary of Veterans Af- (iii) Two members appointed by the Major- Commission under subsection (b), including fairs a final report on the findings of the ity Leader of the Senate, at least one of per diem in lieu of subsistence, at rates au- Commission. Such report shall include the whom shall be a veteran. thorized under subchapter I of chapter 57 of following: (iv) Two members appointed by the Minor- title 5, United States Code. (A) Recommendations to implement in a ity Leader of the Senate, at least one of (8) STAFF.—The Chairman, in accordance feasible, timely, and cost-effective manner whom shall be a veteran. with rules agreed upon by the Commission, the solutions and remedies identified within (v) Two members appointed by the Presi- may appoint and fix the compensation of a the findings of the Commission pursuant to dent, at least one of whom shall be a vet- staff director and such other personnel as subsection (b). eran. may be necessary to enable the Commission (B) An analysis of the evidence-based ther- (B) QUALIFICATIONS.—Members of the Com- to carry out its functions, without regard to apy model used by the Secretary of Veterans mission shall be— the provisions of title 5, United States Code, Affairs for treating veterans with mental (i) individuals who are of recognized stand- governing appointments in the competitive health care issues, and an examination of the ing and distinction within the medical com- service, without regard to the provision of prevalence and efficacy of prescription drugs munity with a background in treating men- chapter 51 and subchapter III of chapter 53 of as a means for treatment. tal health; such title relating to classification and Gen- (C) The findings of the patient-centered (ii) individuals with experience working eral Schedule pay rates, except that no rate survey conducted within each of the Vet- with the military and veteran population; of pay fixed under this subsection may ex- erans Integrated Service Networks pursuant and ceed the equivalent of that payable for a po- to subsection (b)(2). (iii) individuals who do not have a finan- sition at a level IV of the Executive Sched- (D) An examination of complementary al- cial interest in any of the complementary al- ule under section 5316 of title 5, United ternative treatments described in subsection ternative treatments reviewed by the Com- States Code. (b)(3) and the potential benefits of incor- mission. (9) PERSONNEL AS FEDERAL EMPLOYEES.— porating such treatments in the therapy (2) CHAIRMAN.—The President shall des- (A) IN GENERAL.—The executive director model used by the Secretary for treating vet- ignate a member of the Commission to be and any personnel of the Commission are erans with mental health issues. the chairman. employees under section 2105 of title 5, (3) PLAN.—Not later than 90 days after the (3) PERIOD OF APPOINTMENT.—Members of United States Code, for purpose of chapters the Commission shall be appointed for the 63, 81, 83, 84, 85, 87, 89, and 90 of such title. date on which the Commission submits the final report under subsection (b), the Sec- life of the Commission. (B) MEMBERS OF THE COMMISSION.—Sub- retary of Veterans Affairs shall submit to (4) VACANCY.—A vacancy in the Commis- paragraph (A) shall not be construed to sion shall be filled in the manner in which apply to members of the Commission. the Committees on Veterans’ Affairs of the House of Representatives and the Senate a the original appointment was made. (10) CONTRACTING.—The Commission may, (5) APPOINTMENT DEADLINE.—The appoint- to such extent and in such amounts as are report on the following: ment of members of the Commission in this provided in appropriations Acts, enter into (A) An action plan for implementing the section shall be made not later than 90 days contracts to enable the Commission to dis- recommendations established by the Com- after the date of the enactment of this Act. charge the duties of the Commission under mission on such solutions and remedies for (d) POWERS OF COMMISSION.— this section. improving wellness-based outcomes for vet- (1) MEETING.— (11) EXPERT AND CONSULTANT SERVICE.—The erans with mental health care issues. (A) INITIAL MEETING.—The Commission Commission may procure the services of ex- (B) A feasible timeframe on when com- shall hold its first meeting not later than 30 perts and consultants in accordance with plementary alternative treatments described days after a majority of members are ap- section 3109 of title 5, United States Code, at in subsection (b)(3) can be implemented De- pointed to the Commission. rates not to exceed the daily rate paid to a partment-wide. (B) MEETING.—The Commission shall regu- person occupying a position at level IV of (C) With respect to each recommendation larly meet at the call of the Chairman. Such the Executive Schedule under section 5315 of established by the Commission, including re- meetings may be carried out through the use title 5, United States Code. garding any complementary alternative of telephonic or other appropriate tele- (12) POSTAL SERVICE.—The Commission treatment, that the Secretary determines is communication technology if the Commis- may use the United States mails in the same not appropriate or feasible to implement, a sion determines that such technology will manner and under the same conditions as de- justification for each such determination allow the members to communicate simulta- partments and agencies of the United States. and an alternative solution to improve the neously. (13) PHYSICAL FACILITIES AND EQUIPMENT.— efficacy of the therapy model used by the (2) HEARING.—The Commission may hold Upon the request of the Commission, the Ad- Secretary for treating veterans with mental such hearings, sit and act at such times and ministrator of General Services shall provide health issues. (f) TERMINATION OF COMMISSION.—The Com- places, take such testimony, and receive evi- to the Commission, on a reimbursable basis, mission shall terminate 30 days after the dence as the Commission considers advisable the administrative support services nec- Commission submits the final report under to carry out the responsibilities of the Com- essary for the Commission to carry out its subsection (e)(2). mission. responsibilities under this section. These ad- (3) INFORMATION FROM FEDERAL AGENCIES.— ministrative services may include human re- The SPEAKER pro tempore. Pursu- The Commission may secure directly from source management, budget, leasing, ac- ant to the rule, the gentleman from any department or agency of the Federal counting, and payroll services. Michigan (Mr. BENISHEK) and the gen- Government such information as the Com- (e) REPORT.— tlewoman from Florida (Ms. BROWN) mission considers necessary to carry out the (1) INTERIM REPORTS.— each will control 20 minutes. duties of the Commission. (A) IN GENERAL.—Not later than 60 days The Chair recognizes the gentleman (4) INFORMATION FROM NONGOVERNMENTAL after the date on which the Commission first from Michigan. ORGANIZATIONS.—In carrying out subsection meets, and each 30-day period thereafter end- GENERAL LEAVE (b), the Commission may seek guidance ing on the date on which the Commission through consultation with foundations, vet- submits the final report under paragraph (2), Mr. BENISHEK. Mr. Speaker, I ask erans service organizations, nonprofit the Commission shall submit to the Commit- unanimous consent that all Members groups, faith-based organizations, private tees on Veterans’ Affairs of the House of have 5 legislative days in which to re- and public institutions of higher education, Representatives and the Senate and the vise and extend their remarks and to

VerDate Sep 11 2014 02:57 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.003 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5307 add extraneous material on H.R. 2256, lects is accounted for and that the VA fleeing from domestic violence. As you as amended. receives every available dollar that it know, veterans who experience domes- The SPEAKER pro tempore. Is there is owed and uses it to improve the serv- tic violence are considered at high risk objection to the request of the gen- ices that the VA provides. Many of the for homelessness. This is a very vulner- tleman from Michigan? data points included in this report are able population, and anytime we find a There was no objection. already provided by the Department of barrier to care, we should remove it. Mr. BENISHEK. Mr. Speaker, I yield Defense for TRICARE. Further, one of my biggest priorities myself such time as I may consume. The regular receipt of this informa- as ranking member is to ensure that I rise in support of H.R. 2256, as tion would allow Congress, veterans, we provide safe, quality housing for amended, the Veterans Information and the American taxpayers to make homeless women veterans. Modernization Act. better informed decisions about the Women veterans are an underserved I developed and introduced this legis- services that the Department is offer- population, and there is a serious lack lation following an oversight hearing ing and to assist in creating the VA of housing options for those who be- in January where the subcommittee at- healthcare system that our veterans come homeless. tempted to determine the cost and truly deserve. There is an even greater crisis in at- value of the care that the Department Other provisions included in the Vet- tempting to find housing for women of Veterans Affairs provides to our Na- erans Information Modernization Act veterans who have children. This is tion’s veterans. would broaden the VA’s definition of a largely due to the fact that many fa- cilities do not allow women and chil- Through the course of that hearing, ‘‘homeless veteran’’ to include veterans dren to be in the same facilities as it became painfully obvious that VA and their families who are fleeing vio- men. This must be corrected imme- leaders were unable to provide basic in- lent homes, improve the VA’s processes formation about, for example, how diately. for tracking and procuring biological I have encountered several women— much the VA spends on a single patient implants, and establish a commission those who have been forced to live on encounter in a VA primary care clinic. to examine the VA’s mental health the streets—in weekly motels and in As a doctor who served veterans at treatment model and the benefits of in- other housing places that are not fit to the Oscar G. Johnson VA Medical Cen- corporating complementary and alter- live in due to domestic violence. ter in my hometown of Iron Mountain, native treatments. This is completely unacceptable. We Michigan, for 20 years, it is unbeliev- I would like to offer my sincere grati- should be working closely with the VA able to me that the VA either does not tude and appreciation to my friends and HUD to ensure that there is transi- have or is unwilling to share key infor- and colleagues—Congressman GUS BILI- tional and emergency housing avail- mation about the care that it provides. RAKIS, Congressman PHIL ROE, and able for women veterans during their The Congressional Budget Office tes- Congresswoman JANICE HAHN—who greatest time of need. tified in January that the VA ‘‘. . . have sponsored provisions of this bill. This bill addresses gaps in the identi- provided limited data to Congress and I would also like to thank Chairman fication, tracking, and the procure- the public about its costs and oper- MILLER; Ranking Member BROWN; Con- ment of biological implants at the De- ational performance.’’ gresswoman JULIA BROWNLEY, the partment of Veterans Affairs. The CBO went on to state, ‘‘. . . if ranking member of the Subcommittee Finally, this bill would establish a this data was provided on a regular and on Health; and all of the members of commission to examine the effective- systemic basis, it could help inform the Subcommittee on Health on both ness of the evidence-based therapy policymakers about the efficiency and sides of the aisle for their hard work model for treating veterans’ mental cost-effectiveness of VA’s services.’’ and leadership on this bill. health illnesses. Similar sentiments about the need I am proud to say that this bill, I would like to thank my colleagues for the VA to be more forthcoming which was reported favorably out of on both sides of the aisle for their in- were echoed at that hearing by wit- the full committee earlier this summer terest and support of veterans’ issues. nesses from the American Legion and and is fully offset, is supported by I reserve the balance of my time. the Independent Budget. many veteran service organizations, in- Mr. BENISHEK. Mr. Speaker, I yield We are all too well aware of the cluding the American Legion, the Vet- such time as he may consume to the many—seemingly endless—scandals erans of Foreign Wars, the Concerned gentleman from Florida (Mr. BILI- that have plagued the Department over Veterans for America, the Vietnam RAKIS), my colleague and friend and the the last year and a half. A lack of Veterans of America, and the Para- vice chairman of the committee. Mr. BILIRAKIS. I thank the chair- transparency is at the heart of all of lyzed Veterans of America. these scandals, and one of the keys to Mr. Speaker, I urge all of my col- man. Mr. Speaker, I rise today in support overcoming them is requiring the De- leagues to join me in supporting the of H.R. 2256, the Veterans Information partment to regularly provide specific Veterans Information Modernization information about the care that the Modernization Act. Act. This bill makes positive, bipartisan VA provides. I reserve the balance of my time. reforms to the VA, which has become H.R. 2256, as amended, would accom- Ms. BROWN of Florida. Mr. Speaker, the hallmark of the Veterans’ Affairs plish that goal by requiring the VA to I yield myself such time as I may con- Committee. submit an annual report to Congress sume. We have such a good committee, Mr. regarding the provision of hospital I rise in support of H.R. 2256, the Vet- Speaker. I am particularly pleased care, medical services, and nursing erans Information Modernization Act, about the inclusion of my bill, H.R. 271, home care by the VA health care sys- as amended. the Creating Options for Veterans Ex- tem. This bill does a number of things to pedited Recovery Act, better known as The report would encompass critical improve access and quality of services the COVER Act. information about the operations of to our Nation’s veterans. This bill re- Last year the Veterans’ Affairs Com- the Veterans Health Administration, quires the Secretary to submit an an- mittee held a hearing regarding vet- including data regarding access, qual- nual report on the Department’s fur- erans’ access to the VA’s mental health ity, workload, patient demographics nishing of hospital care, medical serv- services. At the hearing, we heard from and utilization, physician compensa- ices, and nursing home care to vet- the mothers and fathers of deceased tion and productivity, purchase care, erans. veterans. and pharmaceutical prices. One of our priorities on the com- I remember vividly how hearing their The VA would also be required to de- mittee is to ensure that safe, quality testimony moved me. I can’t remember tail third-party billings and collec- health care is provided to veterans and another instance when the Veterans’ tions, including information on both their families. This report will assist Affairs Committee room was so quiet small and large claims. This would en- us in our oversight duties of the De- and solemn as on that day. sure that the growing disparity be- partment. Statistics show that one in five vet- tween the amounts that the VA bills This bill expands the definition of a erans who serves in Iraq and Afghani- for and the amount that the VA col- ‘‘homeless veteran’’ to include veterans stan has been diagnosed with post-

VerDate Sep 11 2014 02:57 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.012 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5308 CONGRESSIONAL RECORD — HOUSE July 21, 2015 traumatic stress. Now we must respon- ing donor veteran patient. In the event ceedings on this motion will be post- sibly ask ourselves: Are we doing of a recall, it would be virtually impos- poned. enough when it comes to addressing sible to track down which patient had f mental health in our veteran popu- received contaminated tissue. GAO lation? also found that the Veterans Health PERMISSION TO FILE SUPPLE- Recent data has shown that every Administration does not always ensure MENTAL REPORT ON H.R. 1599, day in this country approximately 18 it is purchasing tissue from biological SAFE AND ACCURATE FOOD LA- to 22 veterans take their own lives. implant vendors that have registered BELING ACT OF 2015 This statistic answers the question I with the FDA and does not maintain an Mr. CONAWAY. Mr. Speaker, I ask posed earlier. It is obvious more needs inventory system to prevent expired unanimous consent that the Com- to be done. tissue from remaining in storage along- mittee on Agriculture be authorized to Far too often we have heard of situa- side unexpired tissues. file a supplemental report on the bill tions in which our veterans are being The GAO and Veterans’ Affairs Com- H.R. 1599. overprescribed opioids and mittee staff have discovered that VA The SPEAKER pro tempore. Is there antipsychotics. While traditional forms often uses a loophole that allows it to objection to the request of the gen- of therapies may work for some, tai- purchase biological implants on the tleman from Texas? loring therapies to the veterans and open, unregulated market, which it There was no objection. finding the balance between traditional does in 57 percent of its biological im- f and complementary, alternative treat- plant purchases. This bill would re- ments could be the difference in saving quire the procurement of biological im- FTO PASSPORT REVOCATION ACT lives. plants from vendors on the Federal OF 2015 supply schedules which have been ap- Late last year I met with a veteran Mr. ROYCE. Mr. Speaker, I move to propriately vetted. For biological im- who was able to tell me just how much suspend the rules and pass the bill plants not on the Federal supply sched- alternative treatments have improved (H.R. 237) to authorize the revocation ule but requested by clinicians, my bill his life. His treatment plan to address or denial of passports and passport requires justification and approval of his PTS and physical injuries consisted cards to individuals affiliated with for- open market purchases under the Fed- of over 30 different pills every day. He eign terrorist organizations, and for eral acquisition regulation on a case- told me how much this affected him. other purposes, as amended. by-case basis rather than simply grant- He said he felt hopeless and wasn’t The Clerk read the title of the bill. quite himself anymore. ing a blanket waiver. GENERAL LEAVE He then decided to take control of his This bill would also direct the Sec- Mr. ROYCE. Mr. Speaker, I ask unan- life again and looked for an alter- retary of Veterans Affairs to adopt imous consent that all Members may native. He found an alternative treat- FDA’s unique device identification sys- have 5 days to revise and extend their ment in training and in caring for a tem for labeling of all biological im- remarks and to include any extraneous service dog. plant tissue and implement an auto- mated inventory system to track the material on this measure for the b 1645 tissue from donor to implant recipient. RECORD. Now, his treatment includes one This legislation would also require all The SPEAKER pro tempore. Is there multivitamin, one other medication, biological implant tissue to be pro- objection to the request of the gen- and a four-legged companion that cured through vendors that are reg- tleman from California? never leaves his side. istered with the FDA, accredited by There was no objection. The COVER Act is the next piece in the American Association of Tissue Mr. ROYCE. Mr. Speaker, I ask unan- a working formula to heal our vet- Banks, and use FDA’s unique device imous consent at this time to withdraw erans, mentally and physically. It will identification system. the motion to suspend the rules. pave the way toward the inclusion of The 6 million veterans served annu- The SPEAKER pro tempore. The mo- these complementary alternative ally by VHA deserve the highest stand- tion is withdrawn. therapies at the VA. ard of patient care in the Nation. Im- f These therapies include, but cer- plementation of H.R. 2256 would help tainly are not limited to, service ani- establish the VA as an industry leader FEDERAL EMPLOYEE mal therapy, yoga therapy, acupunc- in biologic implant safety and account- ANTIDISCRIMINATION ACT OF 2015 ture, equine therapy, and accelerated ability. Mr. CHAFFETZ. Mr. Speaker, I move resolution therapy. Mr. Speaker, I have I want to thank the Oversight and In- to suspend the rules and pass the bill heard the stories from these veterans, vestigations Subcommittee staff for (H.R. 1557) to amend the Notification and these therapies really work. They their help in developing this legislation and Federal Employee Antidiscrimina- need access to these therapies. At a re- which truly puts veterans first. tion and Retaliation Act of 2002 to cent town hall, I even heard about the Ms. BROWN of Florida. Mr. Speaker, strengthen Federal antidiscrimination benefits of martial arts. The martial I ask my colleagues to join me in sup- laws enforced by the Equal Employ- arts were treating PTS. porting this legislation. ment Opportunity Commission and ex- Mr. Speaker, when treating mental I yield back the balance of my time. pand accountability within the Federal health issues, one size does not fit all. Mr. BENISHEK. Mr. Speaker, I ap- government, and for other purposes. Please support this good bill. preciate the gentlewoman’s support, The Clerk read the title of the bill. Ms. BROWN of Florida. Mr. Speaker, and I again encourage all Members to The text of the bill is as follows: I reserve the balance of my time. support H.R. 2256, as amended. I yield back the balance of my time. H.R. 1557 Mr. BENISHEK. Mr. Speaker, I yield The SPEAKER pro tempore. The Be it enacted by the Senate and House of Rep- such time as he may consume to the question is on the motion offered by resentatives of the United States of America in gentleman from Tennessee (Mr. ROE), the gentleman from Michigan (Mr. Congress assembled, my colleague and a fellow physician on SECTION 1. SHORT TITLE. BENISHEK) that the House suspend the the Veterans’ Affairs Committee. rules and pass the bill, H.R. 2256, as This Act may be cited as the ‘‘Federal Em- ployee Antidiscrimination Act of 2015’’. Mr. ROE of Tennessee. Mr. Speaker, I amended. rise in strong support of H.R. 2256, as The question was taken. SEC. 2. SENSE OF CONGRESS. amended, which includes a bill I intro- The SPEAKER pro tempore. In the Section 102 of the Notification and Federal duced, H.R. 1016, the Biological Im- Employee Antidiscrimination and Retalia- opinion of the Chair, two-thirds being tion Act of 2002 (5 U.S.C. 2301 note) is amend- plant Tracking and Veteran Safety in the affirmative, the ayes have it. Act. ed— Mr. BENISHEK. Mr. Speaker, on that (1) in paragraph (4), to read as follows: A frightening January 2014 GAO re- I demand the yeas and nays. ‘‘(4) accountability in the enforcement of port found that the VA does not use a The yeas and nays were ordered. Federal employee rights is furthered when standardized process for tracking bio- The SPEAKER pro tempore. Pursu- Federal agencies take appropriate discipli- logical tissue from a cadaver to a liv- ant to clause 8 of rule XX, further pro- nary action against Federal employees who

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NO LIMITATION ON HUMAN CAPITAL SEC. 3. NOTIFICATION OF VIOLATION. ‘‘(iii) the law violated, and OR GENERAL COUNSEL ADVICE. Section 202 of the Notification and Federal ‘‘(iv) whether a decision has been made re- ‘‘Nothing in this title shall prevent a Fed- Employee Antidiscrimination and Retalia- garding necessary disciplinary action as a re- eral agency’s Human Capital or General tion Act of 2002 (5 U.S.C. 2301 note) is amend- sult of the finding.’’; and Counsel office from providing advice or coun- ed by adding at the end the following: (2) by adding at the end the following: sel to agency personnel on the processing ‘‘(d) NOTIFICATION OF FINAL AGENCY AC- ‘‘(11) Data regarding each class action com- and resolution of a complaint, including pro- TION.— plaint filed against the agency alleging dis- viding legal representation to an agency in ‘‘(1) Not later than 30 days after a Federal crimination or retaliation, including— any proceeding. agency takes final action or the Equal Em- ‘‘(A) information regarding the date on ‘‘SEC. 403. HEAD OF PROGRAM REPORTS TO HEAD ployment Opportunity Commission issues an which each complaint was filed, OF AGENCY. appellate decision involving a finding of dis- ‘‘(B) a general summary of the allegations ‘‘The head of each Federal agency’s Equal crimination or retaliation prohibited by a alleged in the complaint, Employment Opportunity Program shall re- provision of law covered by paragraphs (1) or ‘‘(C) an estimate of the total number of port directly to the head of the agency. plaintiffs joined in the complaint if known, (2) of section 201(a), as applicable, the head ‘‘SEC. 404. REFERRALS OF FINDINGS OF DIS- of the agency subject to the finding shall ‘‘(D) the current status of the complaint, CRIMINATION. including whether the class has been cer- provide notice for at least 1 year on the ‘‘(a) EEOC FINDINGS OF DISCRIMINATION.— agency’s Internet Web site in a clear and tified, and Not later than 30 days after the Equal Em- prominent location linked directly from the ‘‘(E) the case numbers for the civil actions ployment Opportunity Commission issues an agency’s Internet home page stating that a in which discrimination or retaliation has appellate decision involving a finding of dis- finding of discrimination or retaliation has been found.’’. crimination or retaliation within a Federal been made. SEC. 6. DATA TO BE POSTED BY THE EQUAL EM- agency the Commission shall refer the mat- ‘‘(2) The notification shall identify the PLOYMENT OPPORTUNITY COMMIS- ter to the Office of Special Counsel. SION. date the finding was made, the date or dates ‘‘(b) REFERRALS TO SPECIAL COUNSEL.—The on which the discriminatory or retaliatory Section 302(b) of the Notification and Fed- Office of Special Counsel shall accept and re- act or acts occurred, and the law or laws vio- eral Employee Antidiscrimination and Re- view a referral from the Commission under lated by the discriminatory or retaliatory taliation Act of 2002 (5 U.S.C. 2301 note) is subsection (a) for purposes of seeking dis- act or acts. The notification shall also advise amended by striking ‘‘(10)’’ and inserting ciplinary action under its authority against Federal employees of the rights and protec- ‘‘(11)’’. an Federal employee who commits an act of tions available under the respective provi- SEC. 7. NOTIFICATION AND FEDERAL EMPLOYEE discrimination or retaliation. sions of law covered by paragraphs (1) or (2) ANTIDISCRIMINATION AND RETALIA- ‘‘(c) NOTIFICATION.—The Office of Special of section 201(a).’’. TION ACT AMENDMENTS. Counsel shall notify the Commission in a SEC. 4. REPORTING REQUIREMENTS. (a) NOTIFICATION REQUIREMENTS.—The No- case in which the Office of Special Counsel (a) ELECTRONIC FORMAT REQUIREMENT.— tification and Federal Employee Anti- initiates disciplinary action. (1) IN GENERAL.—Section 203(a) of the Noti- discrimination and Retaliation Act of 2002 (5 ‘‘(d) SPECIAL COUNSEL APPROVAL.—An fication and Federal Employee Antidiscrimi- U.S.C. 2301 note) is amended by adding after agency may not take disciplinary action nation and Retaliation Act of 2002 (5 U.S.C. section 206 the following: against a Federal employee for an alleged 2301 note) is amended by inserting ‘‘(in an ‘‘SEC. 207. COMPLAINT TRACKING. act of discrimination or retaliation referred electronic format prescribed by the Office of ‘‘Not later than 1 year after the date of en- by the Commission under this section except Personnel Management)’’ after ‘‘an annual actment of the Federal Employee Anti- in accordance with the requirements of sec- report’’. discrimination Act of 2015, each Federal tion 1214(f) of title 5, United States Code.’’. (2) EFFECTIVE DATE.—The amendment agency shall establish a system to track (c) CONFORMING AMENDMENTS.—The table made by paragraph (1) shall take effect on each complaint of discrimination arising of contents in section 1(b) of the Notification the date that is 1 year after the date of en- under section 2302(b)(1) of title 5, United and Federal Employee Antidiscrimination actment of this Act. States Code, and adjudicated through the and Retaliation Act of 2002 (5 U.S.C. 2301 (3) TRANSITION PERIOD.—Notwithstanding Equal Employment Opportunity process note) is amended— the requirements of section 203(a) of the No- from inception to resolution of the com- (1) by inserting after the item relating to tification and Federal Employee Anti- plaint, including whether a decision has been section 206 the following: discrimination and Retaliation Act of 2002 (5 made regarding necessary disciplinary ac- ‘‘Sec. 207. Complaint tracking. U.S.C. 2301 note), the report required under tion as the result of a finding of discrimina- ‘‘Sec. 208. Notation in personnel record.’’; such section may be submitted in an elec- tion. and tronic format, as prescribed by the Office of ‘‘SEC. 208. NOTATION IN PERSONNEL RECORD. (2) by adding at the end the following: Personnel Management, during the period ‘‘If an agency takes an adverse action cov- ‘‘TITLE IV—PROCESSING AND REFERRAL beginning on the date of enactment of this ered under section 7512 of title 5, United Act and ending on the effective date in para- ‘‘Sec. 401. Processing and resolution of com- States Code, against an employee for an act plaints. graph (2). of discrimination or retaliation prohibited (b) REPORTING REQUIREMENT FOR DISCIPLI- ‘‘Sec. 402. No limitation on Human Capital by a provision of law covered by paragraphs NARY ACTION.—Section 203 of such Act is or General Counsel advice. (1) or (2) of section 201(a), the agency shall, amended by adding at the end the following: ‘‘Sec. 403. Head of Program reports to head after all appeals relating to such action have ‘‘(c) DISCIPLINARY ACTION REPORT.—Not of agency. been exhausted, include a notation of the ad- later than 60 days after the date on which a ‘‘Sec. 404. Referrals of findings of discrimi- verse action and the reason for the action in Federal agency takes final action or an agen- nation.’’. the employee’s personnel record.’’. cy receives an appellate decision issued by SEC. 8. NON-DISCLOSURE AGREEMENT LIMITA- (b) PROCESSING AND REFERRAL.—The Noti- the Equal Employment Opportunity Com- TION. fication and Federal Employee Antidiscrimi- mission involving a finding of discrimination Section 2302(b) of title 5, United States nation and Retaliation Act of 2002 (5 U.S.C. or retaliation in violation of a provision of Code is amended— 2301 note) is amended by adding at the end law covered by paragraphs (1) or (2) of sec- (1) in paragraph (13)— the following: tion 201(a), as applicable, the employing Fed- (A) by inserting ‘‘or the Office of Special eral agency shall submit to the Commission ‘‘TITLE IV—PROCESSING AND REFERRAL Counsel’’ after ‘‘Inspector General’’; a report stating whether disciplinary action ‘‘SEC. 401. PROCESSING AND RESOLUTION OF (B) by striking ‘‘implement’’ and inserting has been initiated against a Federal em- COMPLAINTS. ‘‘(A) implement’’; and ployee as a result of the violation.’’. ‘‘Each Federal agency is responsible for (C) by striking the period that follows the SEC. 5. DATA TO BE POSTED BY EMPLOYING FED- the fair, impartial, processing and resolution quoted material and inserting ‘‘; or’’; ERAL AGENCIES. of complaints of employment discrimination (2) by adding after subparagraph (A), as Section 301(b) of the Notification and Fed- and retaliation arising in the Federal admin- added by paragraph (1)(B), and preceding the eral Employee Antidiscrimination and Re- istrative process and shall establish a model flush left matter that follows paragraph (13), taliation Act of 2002 (5 U.S.C. 2301 note) is Equal Employment Opportunity Program the following: amended— that— ‘‘(B) implement or enforce any nondisclo- (1) in paragraph (9)— ‘‘(1) is not under the control, either struc- sure policy, form, or agreement, if such pol- (A) in subparagraph (A), by striking ‘‘and’’ turally or practically, of a Human Capital or icy, form, or agreement prohibits or restricts at the end; General Counsel office; an employee from disclosing to Congress, the

VerDate Sep 11 2014 02:57 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.004 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5310 CONGRESSIONAL RECORD — HOUSE July 21, 2015 Office of Special Counsel, or an Office of the ing discriminatory or retaliatory ac- b 1700 Inspector General any information that re- tions. In fiscal year 2012, Federal employees lates to any violation of any law, rule, or Finally, H.R. 1557 makes clear that and job applicants filed nearly 16,000 regulation, or mismanagement, a gross employees can report waste, fraud, and waste of funds, an abuse of authority, or a complaints alleging that they had been substantial, and specific danger to public abuse within their agency to Congress, victims of discrimination. Although health or safety, or any other whistleblower the Office of Special Counsel, or the in- the vast majority of Federal work- protection.’’. spectors general. places are in compliance with current The SPEAKER pro tempore. Pursu- Federal employees are essential in EEO requirements, some Federal agen- ant to the rule, the gentleman from exposing wrongdoing within the gov- cies have failed to meet the standards ernment. An agency should never have Utah (Mr. CHAFFETZ) and the gen- of a model EEO program. the ability to tell a government em- tleman from Maryland (Mr. CUMMINGS) For example, in 2014, the EEOC each will control 20 minutes. ployee that he or she cannot report issued a report on the Social Security The Chair recognizes the gentleman waste, fraud, or abuse to Congress, the Administration that made 12 findings from Utah. Office of Special Counsel, or the inspec- regarding Social Security’s failure to tors general. The bill reinforces that maintain a model EEOC program, en- GENERAL LEAVE obstructing an employee’s communica- sure efficient management of the var- Mr. CHAFFETZ. Mr. Speaker, I ask tion with Congress and other watch- ious stages of the complaint process, unanimous consent that all Members dogs is against the law. provide uniform training to ensure may have 5 legislative days in which to We should be encouraging open com- equal opportunities, and implement ef- revise and extend their remarks and in- munication between Federal employees fective and efficient antiharassment clude extraneous materials on the bill and Congress, the Office of Special policies and procedures. The EEOC under consideration. Counsel, and the inspectors general to made more than 60 recommendations The SPEAKER pro tempore. Is there protect the integrity of our govern- for reform of that one program alone. objection to the request of the gen- ment and the taxpayers. My bill would require that EEO pro- tleman from Utah? I want to again thank Mr. CUMMINGS grams operate independently of an There was no objection. for his leadership and work on this bill, agency’s human resources or general Mr. CHAFFETZ. Mr. Speaker, I yield and I urge my colleagues to support counsel offices and that the head of the myself such time as I may consume. H.R. 1557. program report directly to the head of I rise today in support of H.R. 1557, Mr. Speaker, I reserve the balance of an agency. This would ensure that ef- introduced by my friend and ranking my time. fective implementation of the EEO pro- member of the Oversight and Govern- Mr. CUMMINGS. Mr. Speaker, I yield gram is prioritized at the highest level ment Reform Committee, Mr. CUM- myself such time as I may consume. of an agency and that program’s sole MINGS of Maryland. He has done yeo- As the author of the Federal Em- purpose is ensuring equal opportunity man’s work on this content. I was ployee Antidiscrimination Act, I would for all employees. proud to join him as a cosponsor of this like to thank Chairman CHAFFETZ and H.R. 1557 would also strengthen the important piece of legislation that will his staff for working with me in draft- accountability mechanisms that are help many of our Federal workers as ing this bipartisan legislation. I also central to the effectiveness of the EEO they go through their work in knowing appreciate the chairman’s support for process. This legislation would expand they have even more protections. this bill during the committee’s con- the notifications that agencies are re- The Federal Employee Antidiscrimi- sideration this past March. quired to provide when discrimination nation Act of 2015 strengthens account- I thank Congresswoman ELEANOR is found to have occurred and would re- quire agencies to track and report ability within our Federal workforce. HOLMES NORTON for cosponsoring the The bill does so by improving agencies’ bill. As a former Commissioner of the whether such findings have resulted in processes for reporting instances of Equal Employment Opportunity Com- any disciplinary action. Finally, the act would prohibit the workplace discrimination and retalia- mission, her expertise in employment use of nondisclosure agreements that tion. It also requires agencies to create law is unparalleled in Congress. restrict an employee from disclosing to a system to track complaints of dis- I also appreciate the support of Rep- Congress, the office of special counsel, crimination and retaliation from be- resentatives JAMES SENSENBRENNER or an inspector general any informa- ginning to end. and SHEILA JACKSON LEE, who cospon- tion that relates to any violation of The bill ensures that agencies report sored the bill. law, rule, or regulation or instance of to the Equal Employment Opportunity I especially want to thank Tanya Commission whether disciplinary ac- waste, fraud, or abuse. Ward Jordan, Paulette Taylor, and all According to the 2014 Federal em- tion has been taken against an em- the members of the Coalition 4 Change, ployee viewpoint survey, only 60 per- ployee for discrimination or retalia- also known as C4C, for their invaluable cent of Federal employees agreed that tion. It requires agencies to provide assistance on this legislation. they could ‘‘disclose a suspected viola- electronic notification to employees I am also grateful that this bill has tion of any law, rule, or regulation when such an action occurs. strong support of the Make It Safe Coa- without fear of reprisal.’’ The bill requires agencies to post ad- lition. As I often say, we are better than ditional information about discrimina- Both C4C and the Make It Safe Coali- that. Employees need to have con- tory practices on their Web site. It also tion are dedicated to ending discrimi- fidence that they can report an act of requires that adverse actions taken nation and retaliation against whistle- discrimination without suffering retal- against any employee for discrimina- blowers in the Federal workplace, and I iation, and they need to know that tion or retaliation be included in that applaud their leadership and their hard such reports will be thoroughly, fairly, individual’s personnel file. work. and timely investigated and adju- Combined, these provisions bring ad- The Federal EEO programs are crit- dicated. ditional transparency and account- ical to ensuring that Federal work- The Federal Employee Antidiscrimi- ability to the Federal civil service and places are free from discrimination and nation Act of 2015 will strengthen ex- will help diminish instances of dis- that any barriers impeding fairness in isting requirements to ensure that Fed- crimination and retaliation within our personnel decisions are identified and eral EEO programs meet these stand- government. Obviously, those things eliminated. These programs exist to ards and that agency management of can’t stand. ensure that our Federal workplaces up- the EEO process follows the best prac- The bill also makes agency Equal hold the guarantee of equal oppor- tices available. Employment offices a direct report to tunity. That is the right of every cit- Again, I take a moment, Mr. Speak- the agency head. This is an important izen in this great country. er, to thank Chairman CHAFFETZ. This step and a good portion of the bill that If discrimination occurs, these pro- was truly a bipartisan effort. We saw a is being brought forth today. This grams must be able to investigate and problem, and we put our heads together change will help ensure that employees adjudicate employee complaints impar- and tried to address it. I would urge all feel safe and comfortable when report- tially and in a timely manner. Members of the House to vote for it.

VerDate Sep 11 2014 02:57 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.004 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5311 I reserve the balance of my time. According to the 2014 Federal em- On October 2, 2000, the House Science Mr. CHAFFETZ. Mr. Speaker, I have ployee viewpoint survey, only 60 per- Committee held a hearing entitled ‘‘Intolerance no additional speakers, and I reserve cent of Federal employees agreed that at EPA—Harming People, Harming Science?’’ the balance of my time. they could ‘‘disclose a suspected viola- Dr. Marsha Coleman-Adebayo, an EPA Mr. CUMMINGS. Mr. Speaker, I yield tion of any law, rule, or regulation whistleblower, won a $600,000 jury decision 5 minutes to the gentlewoman from without fear of reprisal.’’ against EPA for race and sex discrimination Texas (Ms. JACKSON LEE). I know that your committee, Mr. under title VII of the Civil Rights Act of 1964. Ms. JACKSON LEE. Mr. Speaker, let CHAFFETZ and Mr. CUMMINGS, is really During that hearing, then-chairman of the me rise today to thank both the chair- the front line of providing this forum; Science Committee Congressman SENSEN- man and the ranking member of this and I am glad to be able to join you as BRENNER illuminated the dangerous precedent committee, Mr. CHAFFETZ and Mr. a member of the Homeland Security set by the EPA, stating, ‘‘While EPA has a CUMMINGS, for their leadership on a Committee and Judiciary Committee clear policy on dealing with employees that very important issue, which I rise to be to, again, emphasize the importance of discriminate, harass and retaliate against other part of and with a little history on this safe and discrimination-free work- EPA employees, no one apparently involved in issue with the earlier passage of the No places. the Coleman-Adebayo or Nolan cases have FEAR Act so many years ago. I am grateful, again, to have had the yet to be disciplined by EPA.’’ I support this legislation which en- opportunity firsthand to listen to at Mr. Speaker no employee should fear voic- sures agencies effectively implement least one of our whistleblowers who ing their concerns in reference to a safer more their Equal Employment Opportunity, only wanted to be able to help estab- work conducive environment. or EEO, programs and that Federal em- lish a workplace that was free of dis- ployees are never prevented from dis- crimination and fear. We often look at individuals or groups who closing discriminatory or wasteful ac- Again, I want to make mention of step forward as whistleblowers. tions to Congress, the office of special Marsha Coleman-Adebayo, a dedicated This term has been used with a negative counsel, or inspectors general. Federal employee who worked so very connotation to describe insubordinate employ- How important is that? We have a hard. ees, but history has shown us that whistle- history of addressing workplace equal- [From NPR.org, Sept. 6, 2011] blowers are often heroes that have shed light ity, and that is why I sponsored similar HIGH PRICE OF BLOWING THE WHISTLE ON EPA on employers’ illegal practices and as a result legislation with the No FEAR Act, Marsha Coleman-Adebayo earned a doc- made the workplace better for future employ- which was first introduced in Congress toral degree from the Massachusetts Insti- ees. in 2002. This was previous legislation tute of Technology, and worked with the Mark Felt, the FBI agent known as deep that had a sense of Congress provision, United Nations before joining the Environ- throat during the Watergate Scandal of the whereas this particular legislation fur- mental Protection Agency in 1990. During 1970s. her time at the U.N., she also developed an Frank Serpico, New York police officer who ther strengthens the responsibilities expertise in African developmental issues. and rights of employees. During her tenure at the EPA, Coleman- confronted his department for the rampant cor- The No FEAR Act set the precedent Adebayo says she requested that the agency ruption the leadership let take place. for imposing additional duties upon devote attention to environmental problems Jeffrey Wigand, a tobacco executive who Federal agency employers, intended to in South Africa that were allegedly caused admitted that tobacco companies knew they reinvigorate their longstanding obliga- by an American company. She says that the were putting addictive chemicals into their tion to provide a work environment agency reneged on promises to investigate cigarettes. free of discrimination and retaliation. the matter, and the harder she pushed for change, the more she faced a backlash from And Sherron Watkins, an executive of the On October 2, 2000, the House Science her superiors. Enron corporation who was vital in exposing Committee held a hearing dealing with Ms. JACKSON LEE. Mr. Speaker, I the financial lies and frauds of the company. actions at one of our agencies. Dr. Mar- make mention that we passed the No All these individuals stood up against well- sha Coleman-Adebayo had been in my FEAR Act with a number of Members. established corporations and agencies even office repeatedly. I mention her name As we have noted a number of whis- when others doubted their claims. because of her continued vigilance in tleblowers who were actually Persons We must protect these types of acts in Fed- speaking about issues dealing with of the Year on Time Magazine, I join eral offices and successfully implement the whistleblowers. In actuality, this one my colleagues in supporting the Equal Employment Opportunity Programs involved a $600,000 jury decision present underlying legislation and ask (EEO). against the EPA for race and sex dis- all Members to support this legislation. Mr. Speaker, in a sense every Member of crimination under title VII of the Civil Mr. Speaker, I rise today as an original co- Congress is a whistleblower for the people in Rights Act of 1964. sponsor and strong support of H.R. 1557, the that uncovering and correcting problems in the As we all listened in this hearing, it ‘‘Federal Employee Antidiscrimination Act of agencies that administer the laws is an essen- was clear that what we wanted to do 2015.’’ tial part of our oversight responsibilities. was prevent retaliation, which we see I support this legislation because it ensures in this legislation here today. I am According to the 2014 Federal Employee agencies effectively implement their Equal Viewpoint Survey, only 60 percent of federal grateful that we now have a roadmap Employment Opportunity (EEO) programs and for dealing with individuals who want employees agreed that they could quote, ‘‘dis- that federal employees are never prevented close a suspected violation of any law, rule or only the best for our government. from disclosing discriminatory or wasteful ac- I can give some of the names as an regulation without fear of reprisal.’’ tions to Congress, the Office of Special Coun- We must do better and ensure employees example: Mark Felt, the FBI agent sel, or Inspectors General. known as Deep Throat during the Wa- have confidence that they can report an act of Let me express my thanks to Ranking Mem- discrimination without suffering retaliation. tergate scandal of the 1970s; Frank Ser- ber CUMMINGS for introducing this critical legis- Employees need to know that EEO reports pico, a New York police officer who lation that is essential to ensuring that our fed- will be thoroughly, fairly, and timely inves- confronted his department for the eral workplaces are free from discrimination, tigated and adjudicated. rampant corruption the leadership let and that any barriers impeding fairness in per- take place; Jeffrey Wigand, a tobacco sonnel decisions are identified and eliminated. H.R. 1557 would require that EEO programs executive who admitted that tobacco We have a history of addressing workplace operate independently of an agency’s human companies knew they were putting ad- equality and that is why I sponsored similar resources or general counsel offices. dictive chemicals into their cigarettes; legislation when the No Fear Act was first in- This bill requires the head of the program and, of course, Sherron Watkins, an ex- troduced to Congress in 2002. report directly to the head of an agency and ecutive of the Enron Corporation. The No Fear Act set the precedent for im- the act would prohibit the use of non-disclo- Of course, these individuals come posing additional duties upon Federal agency sure agreements that restrict an employee from different walks of life, but the employers intended to reinvigorate their long- from disclosing to Congress, the Office of whole idea is to make sure that we, as standing obligation to provide a work environ- Special Counsel, or instance of waste, fraud Members of Congress, recognize that ment free of discrimination and retaliation. or abuse. whistleblower activities or actions are If you would allow me I would like to put a As a senior member of the Committees on clearly a part of good government. face on this problem. Homeland Security and the Judiciary, and as

VerDate Sep 11 2014 02:57 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K21JY7.017 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5312 CONGRESSIONAL RECORD — HOUSE July 21, 2015 Ranking Member of the Judiciary Sub- days prior to the anniversary date of SECTION 1. SHORT TITLE. committee on Crime, Terrorism, Homeland Se- its declaration, the President publishes This Act may be cited as the ‘‘FTO Pass- curity, and Investigations, I understand the im- in the Federal Register and transmits to port Revocation Act of 2015’’. portance of safe and discrimination free work- the Congress a notice stating that the SEC. 2. REVOCATION OR DENIAL OF PASSPORTS TO INDIVIDUALS AFFILIATED WITH places. emergency is to continue in effect be- FOREIGN TERRORIST ORGANIZA- In conclusion, let me express my apprecia- yond the anniversary date. In accord- TIONS. tion again to Ranking Member CUMMINGS for ance with this provision, I have sent to The Act entitled ‘‘An Act to regulate the introducing this legislation and Chairman the Federal Register for publication the issue and validity of passports, and for other CHAFFETZ for shepherding this bill to the floor. enclosed notice stating that the na- purposes’’, approved July 3, 1926 (22 U.S.C. By strengthening existing requirements to tional emergency with respect to 211a et seq.), commonly known as the ‘‘Pass- transnational criminal organizations port Act of 1926’’, is amended by adding at ensure federal EEO programs meet high the end the following: standards, we are implementing the best prac- declared in Executive Order 13581 of ‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASS- tices available to combat workplace discrimi- July 24, 2011, is to continue in effect be- PORT. nation. yond July 24, 2015. ‘‘(a) INELIGIBILITY.— Mr. CUMMINGS. Mr. Speaker, I yield The activities of significant ‘‘(1) ISSUANCE.—Except as provided under myself such time as I may consume. transnational criminal organizations subsection (b), the Secretary of State may Mr. Speaker, again, we urge the have reached such scope and gravity refuse to issue a passport to any individual House to vote in favor of this very im- that they threaten the stability of whom the Secretary has determined has portant legislation. It is bipartisan and international political and economic aided, assisted, abetted, or otherwise helped does address issues that are of concern systems. Such organizations are be- an organization the Secretary has designated as a foreign terrorist organization pursuant to all of us. coming increasingly sophisticated and dangerous to the United States; they to section 219 of the Immigration and Na- I yield back the balance of my time. tionality Act (8 U.S.C. 1189). Mr. CHAFFETZ. Mr. Speaker, in are increasingly entrenched in the op- ‘‘(2) REVOCATION.—The Secretary of State closing, I simply want to thank those erations of foreign governments and may revoke a passport previously issued to Members who have worked hard on this the international financial system, any individual described in paragraph (1). bill. One that is of special note is Con- thereby weakening democratic institu- ‘‘(b) REPORT.— gressman SEAN DUFFY of Wisconsin. He tions, degrading the rule of law, and ‘‘(1) IN GENERAL.—If the Secretary of State has done great work on this, particu- undermining economic markets. These refuses to issue or revokes a passport pursu- ant to subsection (a), the Secretary shall, larly trying to hold people accountable organizations facilitate and aggravate violent civil conflicts and increasingly not later than 30 days after such refusal or at Consumer Financial Protection Bu- revocation, submit to the Committee on For- reau for the EEOC issues there. facilitate the activities of other dan- eign Affairs of the House of Representatives This bill would not be a reality with- gerous persons. and the Committee on Foreign Relations of out Mr. CUMMINGS. We thank him for The activities of significant the Senate a report on such refusal or rev- his leadership on this. I am proud to transnational criminal organizations ocation, as the case may be. support it. I think all the Members in continue to pose an unusual and ex- ‘‘(2) FORM.—The report submitted under this body should support it. It does fur- traordinary threat to the national se- paragraph (1) may be submitted in classified ther the protections for employees. It curity, foreign policy, and economy of or unclassified form.’’. makes government better and more re- the United States. Therefore, I have de- The SPEAKER pro tempore. Pursu- sponsible. termined that it is necessary to con- ant to the rule, the gentleman from Mr. Speaker, I urge passage of H.R. tinue the national emergency declared California (Mr. ROYCE) and the gen- 1557, and I yield back the balance of my in Executive Order 13581 with respect tleman from Pennsylvania (Mr. time. to transnational criminal organiza- BRENDAN F. BOYLE) each will control 20 The SPEAKER pro tempore. The tions. minutes. question is on the motion offered by . The Chair recognizes the gentleman the gentleman from Utah (Mr. THE WHITE HOUSE, July 21, 2015. from California. CHAFFETZ) that the House suspend the f GENERAL LEAVE rules and pass the bill, H.R. 1557. RECESS Mr. ROYCE. Mr. Speaker, I ask unan- The question was taken. The SPEAKER pro tempore. Pursu- imous consent that all Members have 5 The SPEAKER pro tempore. In the ant to clause 12(a) of rule I, the Chair days to revise and extend and to in- opinion of the Chair, two-thirds being declares the House in recess subject to clude extraneous materials on this in the affirmative, the ayes have it. the call of the chair. measure. Mr. CHAFFETZ. Mr. Speaker, on Accordingly (at 5 o’clock and 12 min- The SPEAKER pro tempore. Is there that I demand the yeas and nays. utes p.m.), the House stood in recess. objection to the request of the gen- The yeas and nays were ordered. tleman from California? The SPEAKER pro tempore. Pursu- f There was no objection. ant to clause 8 of rule XX, further pro- b 1742 Mr. ROYCE. Mr. Speaker, I yield my- ceedings on this motion will be post- AFTER RECESS self such time as I may consume. poned. International travel by terrorist re- The recess having expired, the House cruits poses a deadly and growing f was called to order by the Speaker pro threat. It is estimated that ISIS alone CONTINUATION OF THE NATIONAL tempore (Mr. FARENTHOLD) at 5 o’clock has drawn 20,000 foreign fighters into EMERGENCY WITH RESPECT TO and 42 minutes p.m. Syria and Iraq. TRANSNATIONAL CRIMINAL OR- f Extremist groups in Libya, Yemen, GANIZATIONS—MESSAGE FROM and elsewhere also draw foreigners into THE PRESIDENT OF THE UNITED FTO PASSPORT REVOCATION ACT their deadly campaigns. These include STATES (H. DOC. NO. 114–49) OF 2015 Mr. ROYCE. Mr. Speaker, I move to thousands of westerners, primarily The SPEAKER pro tempore laid be- suspend the rules and pass the bill from Europe, but also a couple of hun- fore the House the following message (H.R. 237) to authorize the revocation dred people from the United States so from the President of the United or denial of passports and passport far. States; which was read and, together cards to individuals affiliated with for- The threats are as real as today’s with the accompanying papers, referred eign terrorist organizations, and for headlines: British officials today ar- to the Committee on Foreign Affairs other purposes, as amended. rested a man for plotting attacks on and ordered to be printed: The Clerk read the title of the bill. U.S. military personnel there in Brit- To the Congress of the United States: The text of the bill is as follows: ain and for planning to travel to Syria Section 202(d) of the National Emer- H.R. 237 to join ISIS, along with his uncle. gencies Act (50 U.S.C. 1622(d)) provides Be it enacted by the Senate and House of Rep- If they are successful in traveling, for the automatic termination of a na- resentatives of the United States of America in these foreign fighters receive terrorist tional emergency unless, within 90 Congress assembled, training and they hone their skills

VerDate Sep 11 2014 02:57 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.012 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5313 there on the battlefield. Some have HOUSE OF REPRESENTATIVES, sense bill. It is a reasonable step our even appeared as executioners in ISIS’ COMMITTEE ON THE JUDICIARY, government can take to address the gruesome propaganda videos. If they Washington, DC, July 20, 2015. rise of the so-called Islamic State, or Hon. ED ROYCE, ISIS, while acting within our authority return home, hardened fighters come Chairman, Committee on Foreign Affairs, Wash- back more hateful, certainly more ington, DC. to deny or revoke passports for those deadly. DEAR CHAIRMAN ROYCE: I am writing with who are affiliated with or are aiding, respect to H.R. 237, the ‘‘FTO Passport Rev- assisting, or abetting an organization b 1745 ocation Act of 2015,’’ which was referred to that the Secretary has designated as a the Committee on Foreign Affairs. foreign terrorist organization. The killing of four U.S. marines and As you know, H.R. 237 contains provisions Whether you call them ISIS or ISIL that fall within the Rule X jurisdiction of one sailor in Chattanooga, Tennessee, or Daesh or their latest preferred term, the Committee on the Judiciary. As a result the Islamic State, one thing is quite last Thursday; the attempted attack in of your having consulted with the Com- Garland, Texas, in May; and the 2013 mittee and in order to expedite the House’s clear: this organization has captured Boston Marathon bombing all dem- consideration of H.R. 237, the Committee on large swaths of territory in Iraq and onstrate that the United States is not the Judiciary will not assert is jurisdictional Syria with lethal efficiency. immune from lone wolf and small-scale claim over this bill by seeking a sequential This brutal terrorist group has en- attacks of the type that ISIS and al referral. However, this is conditional on our gaged in executions, targeted re- Qaeda in the Arabian Peninsula con- mutual understanding and agreement that ligious minorities, raped and enslaved doing so will in no way diminish or alter the tinue to call for. women, destroyed priceless historical jurisdiction of the Committee on the Judici- treasures, and effectively redrawn the Surprisingly, the statutory authority ary with respect to the appointment of con- ferees or to any future jurisdictional claim borders of the Middle East. to prohibit such travel in support of With its extensive propaganda ef- designated terrorist groups hasn’t kept over the subject matters contained in the bill or similar legislation. forts, including the sophisticated use of pace with the threat. I want to thank I would appreciate a response to this letter social media, ISIS has recruited tens of the chairman of the Foreign Affairs confirming this understanding with respect thousands of foreign fighters—report- Subcommittee on Terrorism, Non- to H.R. 237, and would ask that a copy of our edly more than 1,000 a month—includ- proliferation, and Trade, Judge TED exchange of letters on this matter be in- ing a significant number from Europe POE of Texas, for his work in intro- cluded in the Congressional Record during as well as some, remarkably, from the ducing H.R. 237, the Foreign Terrorist Floor consideration of H.R. 237. United States. Sincerely, Organization Passport Revocation Act, Mr. Speaker, this flow of foreign BOB GOODLATTE, as a critical countermeasure. Chairman. fighters is a serious threat, especially This bipartisan and commonsense with U.S. passport holders among bill grants the Secretary of State the HOUSE OF REPRESENTATIVES, them. The Foreign Affairs Committee authority to refuse or revoke a pass- COMMITTEE ON FOREIGN AFFAIRS, has held hearings looking at the im- port to any individual whom the Sec- Washington, DC, July 20, 2015. pact of ISIS and its use of foreign Hon. BOB GOODLATTE, retary determines has helped a des- fighters. Our colleagues and constitu- Chairman, Committee on the Judiciary, Wash- ents alike are very concerned about ignated foreign terrorist organization ington, DC. what might happen when these fighters in realizing its jihadist ambitions. DEAR CHAIRMAN GOODLATTE: Thank you for return home, radicalized by ISIS ide- Such authority is not currently consulting with the Committee on Foreign Affairs on H.R. 237, the FTO Passport Rev- ology and armed with the knowledge of spelled out in statute, but depends on ocation Act of 2015, and, on the basis of battlefield tactics. interpretation of Federal regulations, agreed edits in the suspension text of the H.R. 237, the FTO Passport Revoca- and this legislation will write it into bill, for agreeing to forgo a sequential refer- tion Act, would address this problem permanent law. ral request so that it may proceed expedi- by authorizing the Secretary of State tiously to the Floor. to deny passports to known members Mr. Speaker, I would just note that I agree that your forgoing further action the text before us today grants permis- on this measure does not in any way dimin- or supporters of ISIS and other ter- sive authority to the Secretary and, ish or alter the jurisdiction of the Com- rorist groups. It would allow the Sec- thus, the discretion to avoid inter- mittee on the Judiciary, or prejudice its ju- retary to revoke the passports of those fering with law enforcement or intel- risdictional prerogatives on this bill or simi- who have already left the United ligence activities that might be com- lar legislation in the future. States so they are unable to return and promised if such a revocation were I will seek to place our letters on H.R. 237 sow terror here at home. into our Committee Report and into the Con- mandatory. Mr. Speaker, the United States has a gressional Record during floor consideration strong interest in de- of the bill. I appreciate your cooperation re- While we, of course, expect that the feating ISIS. I support the various Secretary of State will exercise this garding this legislation and look forward to continuing to work with the Committee on lines of effort to counter the terrorist authority within the bounds of con- group, cracking down on ISIS’ fi- stitutional due process, the bill also re- the Judiciary as this measure moves through the legislative process. nances, countering their propaganda quires a report to Congress whenever Sincerely, efforts, and stopping the flow of foreign such authority is used to help ensure EDWARD R. ROYCE, fighters. To be clear, this legislation oversight and to provide transparency. Chairman. will not solve the problem of foreign Individuals who actively support des- Mr. BRENDAN F. BOYLE of Pennsyl- fighters in Iraq and Syria, but it is a ignated terrorist organizations must be vania. Mr. Speaker, I rise in strong sensible and important step in the stopped from traveling abroad to learn support of H.R. 237, as amended, and I right direction. how to kill Americans and our allies. yield myself such time as I may con- Many of our coalition partners, in- Spelling this out clearly in permanent sume. cluding France, Britain, and Australia, law will help prevent misguided indi- Mr. Speaker, this legislation author- have already taken steps to restrict or viduals from getting further izes the Secretary of State to deny the revoke passports for ISIS supporters. radicalized abroad, which leads to ter- issuance of or revoke the passport of an We must use all the tools at our dis- rorist attacks on the homeland. individual who is affiliated with or pro- posal for protection of our homeland. viding assistance to a designated for- Mr. Speaker, I urge my colleagues to Again, Mr. Speaker, I want to thank eign terrorist organization. support this legislation, and I reserve the gentleman from Texas (Mr. POE) I would like to thank the author of the balance of my time. and his 10 bipartisan cosponsors for this legislation, the gentleman from Mr. ROYCE. Mr. Speaker, I yield 5 their work in bringing the bill forward, Texas (Mr. POE), for his leadership on minutes to the gentleman from Texas and this measure obviously deserves this issue and for working with us in a (Mr. POE), the chairman of the Foreign our support. bipartisan manner. Affairs Subcommittee on Terrorism, Mr. Speaker, I reserve the balance of Mr. Speaker, as Chairman ROYCE said Nonproliferation, and Trade and author my time. a few moments ago, this is a common- of this important legislation.

VerDate Sep 11 2014 04:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.023 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5314 CONGRESSIONAL RECORD — HOUSE July 21, 2015 Mr. POE of Texas. Mr. Speaker, I revoke or deny U.S. passports of indi- I, again, thank the subcommittee want to thank Chairman ROYCE and viduals who support designated foreign chairman, Mr. POE, and the ranking Ranking Member ENGEL. Also, I want terrorist organizations. member, Mr. KEATING of Massachu- to thank the cosponsors of this legisla- Mr. Speaker, the Supreme Court has setts, and the bipartisan cosponsors of tion—as mentioned earlier, it is an ruled in Haig v. Agee that the Sec- the bill before us today. equal number of Republicans and retary of State has the authority to re- Mr. Speaker, I ask for support of the Democrats—but especially BRAD SHER- voke a passport when the national se- measure, and I yield back balance of MAN and WILLIAM KEATING on the mi- curity of the United States is threat- my time. nority side. ened. We are not talking about citizen- The SPEAKER pro tempore. The Mr. Speaker, in 2015, the Director of ship; we are talking about revocation question is on the motion offered by National Intelligence, James Clapper, of a passport. This bill does not deal the gentleman from California (Mr. said that 180 Americans have tried to with the issue of citizenship. ROYCE) that the House suspend the go fight in Syria, either for ISIS, Al Finally, Mr. Speaker, there is a due rules and pass the bill, H.R. 237, as Nusra, or some other Islamic extremist process available for those who wish to amended. group. There may be more; we don’t challenge the Secretary of State’s deci- The question was taken; and (two- know. sion. Under existing regulations, a per- thirds being in the affirmative) the Americans citizens fighting for ISIS son is entitled to a hearing within 60 rules were suspended and the bill, as in Syria and Iraq are real, dangerous days of receiving notice that that pass- amended, was passed. threats to the United States. These in- port is being revoked. A motion to reconsider was laid on dividuals are receiving training that Foreign fighters are flowing into Iraq the table. makes them capable of sophisticated and Syria by the thousands. Some of f terrorist attacks, and they put them- them are Americans. We must stop selves under the command and control these outlaws from coming back to the RECESS of leaders in foreign places and leaders United States and committing crimes The SPEAKER pro tempore. Pursu- who want to attack the United States. against us. ant to clause 12(a) of rule I, the Chair This is not unique to the United And that is just the way it is. declares the House in recess until ap- States. As the chairman has mentioned Mr. BRENDAN F. BOYLE of Pennsyl- proximately 6:30 p.m. today. earlier, the West—European coun- vania. Mr. Speaker, I yield myself such Accordingly (at 5 o’clock and 57 min- tries—have this as a tremendous prob- time as I may consume. utes p.m.), the House stood in recess. lem where their citizens go and fight in ISIS is absolutely a barbaric regime f Syria; they are trained, and they come that cannot be negotiated with and b 1830 back and cause havoc in these coun- must be defeated. They literally want tries in the West. to return civilization back centuries AFTER RECESS It is not a hypothetical threat in the and centuries. The recess having expired, the House U.S., either. Moner Mohammad It is hard for me and I think it is was called to order by the Speaker pro Abusalha was the first American to hard for almost any American to imag- tempore (Mr. HOLDING) at 6 o’clock and carry out a suicide bomb attack in ine what could possibly be going 30 minutes p.m. Syria. Before he did so, he returned through the mind of a U.S. citizen who f home to Florida as a fully trained ter- would be attracted to go over there and rorist. Our government had absolutely make common cause with ISIS. REPORT ON H.R. 3128, DEPART- no idea. He was also a card-carrying Mr. Speaker, as the son of an immi- MENT OF HOMELAND SECURITY member of al Qaeda, aligned to the Al grant who knows the sacrifices his fa- APPROPRIATIONS ACT, 2016 Nusra front. Fortunately, he did not ther and grandparents made to come to Mr. FRELINGHUYSEN from the carry out an attack on the United this country, the fact that someone Committee on Appropriations, sub- States, but he could have. would actually jeopardize the most val- mitted a privileged report (Rept. No. Last September, ISIS announced a uable thing they have, their American 114–215) on the bill (H.R. 3128) making shift in strategy. Instead of using citizenship and their U.S. passport, to appropriations for the Department of Americans to win in Syria, it called join ISIS is completely unfathomable. Homeland Security for the fiscal year upon Americans to attack the United We absolutely have to give our Sec- ending September 30, 2016, and for States after being trained in Syria. In retary of State this authority. ISIS other purposes, which was referred to an audiotape, one of their leaders was sadly presents a real threat both the Union Calendar and ordered to be heard saying: ‘‘Rig the roads with ex- abroad and at home. This is a common- printed. plosives for them. Attack their bases. sense measure that we can take, and The SPEAKER pro tempore. Pursu- Raid their homes. Cut off their heads.’’ we must absolutely take it. ant to clause 1, rule XXI, all points of He is talking about Americans kill- Mr. Speaker, I yield back the balance order are reserved on the bill. ing Americans who have been of my time. f radicalized by ISIS. Mr. ROYCE. Mr. Speaker, I yield my- Earlier this year, Mr. Speaker, a 23- self such time as I may consume. ANNOUNCEMENT BY THE SPEAKER year-old Somali American man from I will just quote the Bureau of Coun- PRO TEMPORE Columbus was indicted on charges of terterrorism, Mr. Speaker. They say The SPEAKER pro tempore. Pursu- supporting terrorists. He was trained that the rate of foreign terrorist fight- ant to clause 8 of rule XX, proceedings in Syria and told by a cleric to go back er travel to Syria exceeded the rate of will resume on motions to suspend the to the United States and carry out an foreign terrorist fighters that travel to rules previously postponed. attack. That is the first time we have Afghanistan, Pakistan, Iraq, Yemen, or Votes will be taken in the following caught someone who was specifically Somalia at any point in the last 20 order: told to go back home and attack the years. H.R. 1557, by the yeas and nays; United States. Individuals drawn to the conflict H.R. 2256, by the yeas and nays. These traitors who have turned were diverse in their socioeconomic The first electronic vote will be con- against America and joined the ranks and geographic backgrounds, high- ducted as a 15-minute vote. The second of foreign radical terrorist armies lighting the need for comprehensive electronic vote will be conducted as a should not be allowed to come back in countermessaging and early engage- 5-minute vote. to the United States, unless it is in ment to dissuade vulnerable individ- f handcuffs. uals from traveling to join the conflict. Mr. Speaker, H.R. 237, the Foreign The bill before us today, Mr. Speak- FEDERAL EMPLOYEE Terrorist Organization Passport Rev- er, H.R. 237, is a necessary addition to ANTIDISCRIMINATION ACT OF 2015 ocation Act, is a critical bill at a crit- our national defense. It creates an im- The SPEAKER pro tempore. The un- ical time. This bipartisan bill grants portant deterrent, and it reduces the finished business is the vote on the mo- the Secretary of State the authority to ability of terrorists to travel. tion to suspend the rules and pass the

VerDate Sep 11 2014 02:57 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.025 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5315 bill (H.R. 1557) to amend the Notifica- LoBiondo Paulsen Shuster MOMENT OF SILENCE FOR SERV- tion and Federal Employee Anti- Loebsack Payne Simpson ICEMEMBERS KILLED IN CHAT- Lofgren Pearce Sinema discrimination and Retaliation Act of Long Pelosi Sires TANOOGA, TENNESSEE 2002 to strengthen Federal anti- Loudermilk Perlmutter Slaughter (Mr. FLEISCHMANN asked and was discrimination laws enforced by the Love Perry Smith (MO) given permission to address the House Equal Employment Opportunity Com- Lowenthal Peters Smith (NE) Lowey Peterson Smith (TX) for 1 minute.) mission and expand accountability Lucas Pingree Speier Mr. FLEISCHMANN. Mr. Speaker, within the Federal government, and for Luetkemeyer Pittenger Stefanik last Thursday was a very difficult day other purposes, on which the yeas and Lujan Grisham Pitts Stewart in my beautiful hometown of Chat- nays were ordered. (NM) Pocan Stivers tanooga, Tennessee. It was a day of The Clerk read the title of the bill. Luja´ n, Ben Ray Poe (TX) Swalwell (CA) (NM) Poliquin Takai horror; it was a day of terror, and it The SPEAKER pro tempore. The Lummis Polis Takano was a day like no other I have lived in question is on the motion offered by Lynch Pompeo Thompson (CA) my life. the gentleman from Utah (Mr. MacArthur Posey Thompson (PA) Today, I am joined in this great CHAFFETZ) that the House suspend the Maloney, Price (NC) Thornberry Carolyn House by my colleagues from the Ten- rules and pass the bill. Quigley Tiberi Maloney, Sean Rangel Tipton nessee delegation. Chattanooga is my The vote was taken by electronic de- Marino Ratcliffe Titus hometown. A lone gunman—a terrorist, vice, and there were—yeas 403, nays 0, Massie Reed Tonko an evil man—killed five wonderful not voting 30, as follows: Matsui Reichert Torres United States servicemembers, four McCarthy [Roll No. 448] Renacci Trott marines and one sailor. At two loca- McCaul Ribble Tsongas YEAS—403 McClintock Rice (NY) Turner tions in Chattanooga, he opened fire. Abraham Costello (PA) Green, Gene McCollum Rice (SC) Upton There was devastation; there was Adams Courtney Griffith McDermott Rigell Valadao death, and there was horror, and I am Aderholt Crawford Grijalva McGovern Roby Van Hollen so deeply saddened. McHenry Aguilar Crenshaw Grothman Roe (TN) Vargas Before I ask Members for a moment Allen Crowley Guinta McKinley Rogers (AL) Veasey Amash Cuellar Guthrie McMorris Rogers (KY) Vela of silence, I am going to ask this great Amodei Culberson Hahn Rodgers Rokita Vela´ zquez House—the people’s House—for some- Ashford Cummings Hardy McNerney Rooney (FL) Visclosky thing special because, through all the Babin Curbelo (FL) Harper McSally Ros-Lehtinen Wagner carnage in the face of evil, I saw Barletta Davis (CA) Harris Meadows Roskam Walberg Barr Davis, Danny Hartzler Meehan Ross Walden Chattanoogans come together with Barton Davis, Rodney Hastings Meng Rothfus Walker good. In the face of despair, I saw Beatty DeFazio Heck (NV) Messer Rouzer Walorski Chattanoogans come together with Becerra DeGette Heck (WA) Mica Roybal-Allard Walters, Mimi Benishek Delaney Hensarling hope. Miller (FL) Royce Walz Bera DeLauro Herrera Beutler Miller (MI) I saw something in my darkest hour; Beyer DelBene Hice, Jody B. Ruiz Wasserman Moolenaar I saw the greatness in America. Catho- Bilirakis Denham Higgins Ruppersberger Schultz Mooney (WV) lics, Protestants, Jews, Whites, Blacks, Bishop (MI) Dent Hill Rush Waters, Maxine Bishop (UT) DeSantis Himes Moore Russell Watson Coleman and Latinos came together. We prayed Black DeSaulnier Hinojosa Moulton Ryan (OH) Weber (TX) together. We hoped for better days to- Mullin Blackburn DesJarlais Holding Ryan (WI) Webster (FL) gether. We honored the men and Blum Deutch Honda Mulvaney Salmon Welch Blumenauer Diaz-Balart Hoyer Murphy (FL) Sa´ nchez, Linda Wenstrup women who serve us in all of our Bonamici Dingell Hudson Murphy (PA) T. Westerman branches together. I feel for our great Bost Doggett Huelskamp Nadler Sanchez, Loretta Westmoreland marines. I feel for our Navy in these Boustany Dold Huffman Napolitano Sanford Whitfield difficult times. Boyle, Brendan Donovan Huizenga (MI) Neal Sarbanes Williams F. Doyle, Michael Hultgren Neugebauer Scalise Wilson (SC) Let me tell you this: the Chat- Brady (TX) F. Hunter Newhouse Schakowsky Wittman tanooga Police Department selflessly Brat Duckworth Hurd (TX) Noem Schiff Womack showed up and fought this terrorist and Bridenstine Duffy Hurt (VA) Nolan Schweikert Woodall Brooks (AL) Duncan (SC) Israel killed him. Hamilton County police Norcross Scott (VA) Yarmuth were there. While a brave sailor tried Brooks (IN) Duncan (TN) Issa Nugent Scott, Austin Yoder Brown (FL) Edwards Jeffries Nunes Scott, David Yoho to cling to life, I saw throngs of doctors Brownley (CA) Ellison Jenkins (KS) O’Rourke Sensenbrenner Young (AK) and nurses at Erlanger hospital giving Buck Ellmers (NC) Jenkins (WV) Olson Serrano Young (IA) Bucshon Emmer (MN) Johnson (GA) their best skills to try to save this Pallone Sessions Young (IN) Burgess Eshoo Johnson (OH) man. Sadly, they were unsuccessful. Bustos Esty Johnson, E. B. Palmer Sewell (AL) Zeldin Pascrell Shimkus Zinke This is a day I never want to see Butterfield Farenthold Johnson, Sam again. I ask you that we resolve to Byrne Farr Jolly Calvert Fattah Jones NOT VOTING—30 keep all American servicemen and Capps Fincher Jordan Bass Gutie´rrez Price, Tom -women safe here on American soil. We Capuano Fitzpatrick Joyce Bishop (GA) Hanna Richmond must do that. We owe that to those five ´ Cardenas Fleischmann Kaptur Brady (PA) Jackson Lee Rohrabacher wonderful lives that we lost, all pre- Carney Fleming Katko Buchanan Kelly (IL) Schrader Carson (IN) Flores Keating Carter (TX) Kirkpatrick Sherman cious. Carter (GA) Forbes Kelly (MS) Clawson (FL) Lawrence Smith (NJ) I am going to ask for all of us to be Cartwright Fortenberry Kelly (PA) Conyers Lipinski Smith (WA) Chattanooga strong. I am going to ask Castor (FL) Foster Kennedy Cramer Marchant Stutzman all of us to please come together as Castro (TX) Foxx Kildee Engel Meeks Thompson (MS) Chabot Frankel (FL) Kilmer Graves (MO) Palazzo Wilson (FL) Americans. Chaffetz Franks (AZ) Kind I will read the name of those five out- Chu, Judy Frelinghuysen King (IA) standing folks: United States Marine Cicilline Fudge King (NY) b 1856 Clark (MA) Gabbard Kinzinger (IL) Gunnery Sergeant Thomas J. Sullivan; Clarke (NY) Gallego Kline Messrs. DUNCAN of South Carolina United States Marine Staff Sergeant Clay Garamendi Knight and HUDSON changed their vote from David Allen Wyatt; United States Ma- Cleaver Garrett Kuster rine Sergeant Carson Allen Louis Clyburn Gibbs Labrador ‘‘nay’’ to ‘‘yea.’’ Coffman Gibson LaMalfa Holmquist; United States Marine Cohen Gohmert Lamborn So (two-thirds being in the affirma- Lance Corporal Squire Kimpton Paul Cole Goodlatte Lance tive) the rules were suspended and the Wells; and United States Navy Petty Collins (GA) Gosar Langevin Collins (NY) Gowdy Larsen (WA) bill was passed. Officer Second Class Randall Smith. Comstock Graham Larson (CT) The result of the vote was announced Mr. Speaker, I ask for a moment of Conaway Granger Latta silence in honor of these great Ameri- as above recorded. Connolly Graves (GA) Lee cans. Cook Graves (LA) Levin Cooper Grayson Lewis A motion to reconsider was laid on The SPEAKER. The House will ob- Costa Green, Al Lieu, Ted the table. serve a moment of silence.

VerDate Sep 11 2014 04:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.028 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5316 CONGRESSIONAL RECORD — HOUSE July 21, 2015 VETERANS INFORMATION Johnson (OH) Moore Schweikert The title of the bill was amended so Johnson, E. B. Moulton Scott (VA) MODERNIZATION ACT Johnson, Sam Mullin Scott, Austin as to read: ‘‘A bill to amend title 38, The SPEAKER. Without objection, 5- Jolly Mulvaney Scott, David United States Code, to direct the Sec- minute voting will continue. Jones Murphy (FL) Sensenbrenner retary of Veterans Affairs to submit an Jordan Murphy (PA) Serrano annual report on the Veterans Health There was no objection. Joyce Nadler Sessions Administration, to provide for the The SPEAKER. The unfinished busi- Kaptur Napolitano Sewell (AL) ness is the vote on the motion to sus- Katko Neal Sherman identification and tracking of biologi- Keating Neugebauer Shimkus pend the rules and pass the bill (H.R. cal implants used in Department of Kelly (MS) Newhouse Shuster Veterans Affairs facilities, and for 2256) to amend title 38, United States Kelly (PA) Noem Simpson Code, to direct the Secretary of Vet- Kennedy Nolan Sinema other purposes.’’. Kildee Norcross erans Affairs to submit an annual re- Sires A motion to reconsider was laid on Kilmer Nugent Slaughter the table. port on the Veterans Health Adminis- Kind Nunes Smith (MO) tration and the furnishing of hospital King (IA) O’Rourke Smith (NE) PERSONAL EXPLANATION care, medical services, and nursing King (NY) Olson Smith (NJ) Mrs. LAWRENCE. Mr. Speaker, I was un- Kinzinger (IL) Palazzo Smith (TX) able to vote, due to the necessity of my at- home care by the Department of Vet- Kline Pallone Speier erans Affairs, as amended, on which Knight Palmer Stefanik tending to representational duties and partici- the yeas and nays were ordered. Kuster Pascrell Stewart pation in Michigan. Had I been in attendance, Labrador Paulsen Stivers I would have voted ‘‘yes’’ on: H.R. 2256—The The Clerk read the title of the bill. LaMalfa Payne Stutzman Veterans Information Modernization Act and The SPEAKER. The question is on Lamborn Pearce Swalwell (CA) the motion offered by the gentleman Lance Pelosi Takai H.R. 1557—The Federal Employee Anti- Langevin Perlmutter from Michigan (Mr. BENISHEK) that the Takano discrimination Act of 2015. Larsen (WA) Perry Thompson (CA) House suspend the rules and pass the Larson (CT) Peters PERSONAL EXPLANATION Thompson (PA) ´ bill, as amended. Latta Peterson Thornberry Mr. GUTIERREZ. Mr. Speaker, I was un- Lee Pingree This will be a 5-minute vote. Tiberi avoidably absent in the House chamber for Levin Pittenger Tipton The vote was taken by electronic de- Lewis Pitts votes on July 21, 2015. Had I been present, Titus Lieu, Ted Pocan vice, and there were—yeas 408, nays 0, Tonko I would have voted ‘‘yea’’ on rollcall votes 448 LoBiondo Poe (TX) not voting 25, as follows: Torres and 449. Loebsack Poliquin Trott [Roll No. 449] Lofgren Polis f Tsongas Long Pompeo YEAS—408 Turner Loudermilk Posey REPORT ON RESOLUTION PRO- Upton Abraham Clyburn Forbes Love Price (NC) VIDING FOR CONSIDERATION OF Valadao Adams Coffman Fortenberry Lowenthal Quigley H.R. 1599, SAFE AND ACCURATE Aderholt Cohen Foster Lucas Rangel Van Hollen Aguilar Cole Foxx Luetkemeyer Ratcliffe Veasey FOOD LABELING ACT OF 2015, Allen Collins (GA) Frankel (FL) Lujan Grisham Reed Vela AND PROVIDING FOR CONSIDER- ´ Amash Collins (NY) Franks (AZ) (NM) Reichert Velazquez ATION OF H.R. 1734, IMPROVING Amodei Comstock Frelinghuysen Visclosky Luja´ n, Ben Ray Renacci COAL COMBUSTION RESIDUALS Ashford Conaway Fudge (NM) Ribble Wagner Babin Connolly Gabbard Lummis Rice (NY) Walberg REGULATION ACT OF 2015 Barletta Cook Gallego Walden Lynch Rice (SC) Mr. BYRNE, from the Committee on Barr Cooper Garamendi MacArthur Rigell Walker Barton Costa Garrett Maloney, Roby Walorski Rules, submitted a privileged report Bass Costello (PA) Gibbs Carolyn Roe (TN) Walters, Mimi (Rept. No. 114–216) on the resolution (H. Beatty Courtney Gibson Maloney, Sean Rogers (AL) Walz Res. 369) providing for consideration of Becerra Cramer Gohmert Marino Rogers (KY) Wasserman Benishek Crawford Goodlatte Massie Rokita Schultz the bill (H.R. 1599) to amend the Fed- Bera Crenshaw Gowdy Matsui Rooney (FL) Waters, Maxine eral Food, Drug, and Cosmetic Act Beyer Crowley Graham McCarthy Ros-Lehtinen Watson Coleman with respect to food produced from, Bilirakis Cuellar Granger McCaul Roskam Weber (TX) containing, or consisting of a bioengi- Bishop (MI) Culberson Graves (GA) McClintock Ross Webster (FL) Bishop (UT) Cummings Graves (LA) McCollum Rothfus Welch neered organism, the labeling of nat- Black Curbelo (FL) Grayson McDermott Rouzer Wenstrup ural foods, and for other purposes, and Blackburn Davis (CA) Green, Gene McGovern Roybal-Allard Westerman providing for consideration of the bill Blum Davis, Danny Griffith McHenry Royce Westmoreland Blumenauer Davis, Rodney Grijalva McKinley Ruiz Whitfield (H.R. 1734) to amend subtitle D of the Bonamici DeFazio Grothman McMorris Ruppersberger Williams Solid Waste Disposal Act to encourage Bost DeGette Guinta Rodgers Rush Wilson (FL) recovery and beneficial use of coal Boustany Delaney Guthrie McNerney Russell Wilson (SC) combustion residuals and establish re- Boyle, Brendan DeLauro Hahn McSally Ryan (OH) Wittman F. DelBene Hardy Meadows Ryan (WI) Womack quirements for the proper management Brady (TX) Denham Harper Meehan Salmon Woodall and disposal of coal combustion residu- Brat Dent Harris Meeks Sa´ nchez, Linda Yarmuth als that are protective of human health Bridenstine DeSantis Hartzler Meng T. Yoder Brooks (AL) DeSaulnier Hastings Messer Sanchez, Loretta Yoho and the environment, which was re- Brooks (IN) DesJarlais Heck (NV) Mica Sanford Young (AK) ferred to the House Calendar and or- Brown (FL) Deutch Heck (WA) Miller (FL) Sarbanes Young (IA) dered to be printed. Brownley (CA) Diaz-Balart Hensarling Miller (MI) Scalise Young (IN) Buck Dingell Herrera Beutler Moolenaar Schakowsky Zeldin f Bucshon Doggett Hice, Jody B. Mooney (WV) Schiff Zinke Burgess Dold Higgins REMOVAL OF NAME OF MEMBER Bustos Donovan Hill NOT VOTING—25 AS COSPONSOR OF H.R. 3107 Butterfield Doyle, Michael Himes Byrne F. Hinojosa Bishop (GA) Green, Al Price, Tom Mrs. ROBY. Mr. Speaker, I ask unan- Calvert Duckworth Holding Brady (PA) Gutie´rrez Richmond imous consent that my name be re- Buchanan Hanna Rohrabacher Capps Duffy Honda moved as a cosponsor of H.R. 3107. Capuano Duncan (SC) Hoyer Carter (TX) Kelly (IL) Schrader Ca´ rdenas Duncan (TN) Hudson Clawson (FL) Kirkpatrick Smith (WA) The SPEAKER pro tempore (Mr. Carney Edwards Huelskamp Conyers Lawrence Thompson (MS) ALLEN). Is there objection to the re- Engel Lipinski Carson (IN) Ellison Huffman Vargas quest of the gentlewoman from Ala- Carter (GA) Ellmers (NC) Huizenga (MI) Gosar Lowey Cartwright Emmer (MN) Hultgren Graves (MO) Marchant bama? Castor (FL) Eshoo Hunter There was no objection. Castro (TX) Esty Hurd (TX) Chabot Farenthold Hurt (VA) b 1910 f Chaffetz Farr Israel EDEN PRAIRIE RELAY FOR LIFE Chu, Judy Fattah Issa So (two-thirds being in the affirma- Cicilline Fincher Jackson Lee tive) the rules were suspended and the (Mr. PAULSEN asked and was given Clark (MA) Fitzpatrick Jeffries bill, as amended, was passed. permission to address the House for 1 Clarke (NY) Fleischmann Jenkins (KS) Clay Fleming Jenkins (WV) The result of the vote was announced minute and to revise and extend his re- Cleaver Flores Johnson (GA) as above recorded. marks.)

VerDate Sep 11 2014 03:20 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.030 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5317 Mr. PAULSEN. Mr. Speaker, I rise that the Obama administration has Mike was not just my friend. He was today to speak about an event this agreed to with Iran. Because, if they a friend to so many, and he led the City weekend in Eden Prairie, Minnesota, do, I think you will see overwhelming of Decatur through some very difficult that will raise critical funds for cancer majority vote to repudiate it. times to where Decatur, my former research. You have heard about some of the hometown, as a student at Millikin The Relay for Life brings together in- massive influx of cash for Iran. You University, has been able to see the dividuals from all walks of life that have heard about their ability to keep progress that many envisioned 26 years have been affected by cancer as they their nuclear infrastructure, all these ago when Mike and his wife, Lynn, team up to find a cure. This year’s hugely problematic provisions. made Decatur their hometown. event, which combines previous relays Interestingly, we talk about if Iran Mike is going to be remembered not that have taken place in Bloomington, violates the deal, we can snap back only as a friend of mine, but a friend to Eden Prairie, Richfield, Hopkins, and economic sanctions. In fact, Iran can the entire community, be it the YMCA Minnetonka, is aiming to raise over snap back in a nuclear direction. that he served on the board of direc- $90,000 for cancer research. Here is what the agreement says: tors, St. Teresa school that he was so Mr. Speaker, every year 14 million Iran has stated that, if sanctions are active in, or the many other commu- people learn the devastating news that reinstated, in whole or in part, Iran nity efforts that he was a part of. ‘‘Tuna,’’ as he was known, is going to they have cancer, and the Relay for will treat that as grounds to cease per- be missed by all, but especially missed Life helps provide important funding forming its commitment under this by me. Mike was an early supporter of JCPOA, in whole or in part. that helps develop the cures and treat- mine and a friend when I didn’t have as That means, if Iran cheats and we go ments that will also help millions of many friends in that town as I started to penalize them, Iran is reserving the people. my journey that ended right here on right to simply go back to producing A big thank you to the organizers of this House floor when I was sworn in a this event. Helping find a cure for can- nuclear weapons. few short years ago. cer will not happen without the dedi- We have been told that no deal is bet- Tuna, you left this Earth way too cated effort and events like the Relay ter than a bad deal. Mr. Speaker, this early. My heartfelt condolences go out for Life. is a bad deal. to the entire Decatur community, who f f will miss you, and, most importantly, to your wife, Lynn, and your son, Matt. b 1915 FORMER CONGRESSMAN LOUIS STOKES Rest in peace, my friend. SUPPORTING PLANNED f PARENTHOOD (Ms. KAPTUR asked and was given permission to address the House for 1 DODD-FRANK ACT (Mrs. WATSON COLEMAN asked and minute.) (Mr. FOSTER asked and was given was given permission to address the Ms. KAPTUR. Mr. Speaker, tonight I permission to address the House for 1 House for 1 minute.) rise, as dean of the Ohio delegation, to minute and to revise and extend his re- Mrs. WATSON COLEMAN. Mr. bring to my colleagues’ attention and marks.) Speaker, I am here this evening to cor- those who are listening that one of our Mr. FOSTER. Mr. Speaker, I rise rect the record on women’s health. As great Members of Congress from Ohio, today to recognize the fifth anniver- the only woman in a tristate delega- Congressman Lou Stokes, who served sary of the enactment of the Dodd- tion that includes New Jersey, Penn- so ably, with such dignity, with such Frank Wall Street Reform and Con- sylvania, and Delaware, I speak for acumen, and with such heart has been sumer Protection Act. millions of women whose right to abor- diagnosed with a very serious type of Mr. Speaker, the financial crisis of tion was codified by the Supreme Court cancer. His days with us are numbered. 2007 was not an accident and not an un- decades ago. I know that many Members hold avoidable by-product of free markets. I also speak for the millions more memories of Lou, and there will be It was a mistake, a mistake driven by women who don’t come from States many tributes paid to Congressman ideologically driven deregulation. like New Jersey where clinics that pro- Louis Stokes of Ohio. Without ques- Countries which maintained ade- vide a full range of women’s health tion, his service was legendary, along quate capital requirements did not suf- services are accessible, States like with his brother, who became the first fer a financial crisis. Countries which Texas, Louisiana, and Mississippi African American mayor in our coun- maintained an adequately regulated where legislatures full of men would try, the city of Cleveland. primary and secondary mortgage mar- love to see those clinics closed for If we look coast to coast, the people ket did not suffer through a housing good. of Ohio are walking in prayer with the bubble. In response to the crisis, taxpayers Last week another antiabortion Stokes family now. If Congressman stepped in and saved the global finan- group, under the guise of legitimate Stokes is listening, I hope he knows news, released a doctored video to at- cial system by stabilizing the market- that the love of this House, the place place and staving off a second Great tack Planned Parenthood. This attack to which he dedicated the best years of isn’t about the trumped-up claims in Depression through economic stimulus. his life, are with him. To ensure that taxpayers would not the video. Thank you, Congressman Louis be on the hook for the irresponsible ac- It is about the same tired efforts to Stokes of Ohio, for what you have done tions by some on Wall Street, the make it harder for women from every for America, for the people of Ohio, and Dodd-Frank Act required that financial walk of life and every corner of the for the people of Cleveland. History institutions hold adequate capital country to make the health choices will record the greatness of your serv- against the risks they take and take that work for them. ice to others. We love you. We pray responsibility for the risks that they It is sad that my colleagues on the with you. We walk with you. sell into the market. The Dodd-Frank other side of the aisle are so quick to f Act has unquestionably made our mar- hop on that bandwagon. kets safer and more stable. Enough, Mr. Speaker. This is enough REMEMBERING MIKE ‘‘TUNA’’ already. MCELROY f f (Mr. RODNEY DAVIS of Illinois PIONEER DAY asked and was given permission to ad- (Mr. STEWART asked and was given IRAN NUCLEAR DEAL dress the House for 1 minute and to re- permission to address the House for 1 (Mr. DESANTIS asked and was given vise and extend his remarks.) minute and to revise and extend his re- permission to address the House for 1 Mr. RODNEY DAVIS of Illinois. Mr. marks.) minute.) Speaker, I rise tonight with deep sad- Mr. STEWART. Mr. Speaker, I am Mr. DESANTIS. Mr. Speaker, I hope ness at the loss of my friend, Mike proud to join my home State of Utah in that every Member of this body reads McElroy, the mayor of Decatur, Illi- celebrating Pioneer Day. In a world the joint comprehensive plan of action nois, just last week. that seems to be filled with strife and

VerDate Sep 11 2014 05:31 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.032 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5318 CONGRESSIONAL RECORD — HOUSE July 21, 2015 confusion, I am proud to take a mo- of Cedar Rapids, Iowa, and the First Now, my family has the unique expe- ment to celebrate something positive. District I represent, on his win in yes- rience of having my grandmother, Mar- On July 24, 1847, Brigham Young led terday’s British Open, held at St. An- jorie, and LaVerne born on the same a determined group of pioneers, wag- drews in Scotland, the birthplace of day in the very same small town ons, and handcarts into the Salt Lake golf. amidst the rice fields of northern Cali- Valley where he uttered those now fa- Zach is well known in Iowa for his in- fornia. mous words, ‘‘This is the place.’’ credible work ethic and perseverance. My grandmother, Marjorie, and La- Over 40,000 pioneers traveled west to Zach was not the best player on his Verne spent many years together cele- Utah. In doing so, they suffered incred- Cedar Rapids Regis High School golf brating birthdays, music, life, and ibly, hunger, cold, disease, exhaustion, team, and he wasn’t the number one friends. We were blessed with my the death of loved ones. My own ances- golfer on the Drake University golf grandmother for 77 years. But La- tors were among the many who did suf- team. Verne, in northern California, we were fer. Few gave him a chance of someday blessed with for 100 years. Once they arrived in the Salt Lake being a professional golfer, but he re- So LaVerne’s loss indeed makes a big Valley, they worked tirelessly to take fused to give up on his dream of mak- ripple. She made a big ripple in her life the desert and to make it bloom into ing the PGA tour, and his hard work with all the people she touched and her the thriving communities we have over the years has definitely paid off. love of music. today. My, how things have changed. Zach has 12 PGA wins, including the Utah is considered the best managed 2007 Masters and now the British Open, Indeed, she was a talented musician State. They are considered some of the and has represented the United States and freely gave her time and her talent finest and highest quality-of-life com- in the Ryder Cup four times. for decades through teaching music at munities. They are one of the best Zach has lived the American Dream Yuba College, participating in Handel’s States to do business. We have the through hard work and perseverance. Messiah for almost 75 years and play- greatest snow on Earth, and our Na- Yet, he describes himself as ‘‘just a guy ing the organ at Marysville’s First tional Parks are truly magnificent. from Iowa who has been given some Presbyterian Church for 20 years. We celebrate Pioneer Day to honor talent.’’ Zach’s humility, as well as his Indeed, when we lose somebody, we those who demonstrate their courage talent and work ethic, are examples to have what we call a celebration of life. during their journey west and for all all of us. Her celebration of life was last Novem- those who continue to enrich our great Today we tip our hat to Zach John- ber when she reached her 100th birth- State of Utah. son and his entire family. The entire day, and she had the best party I have ever seen with an orchestra, cellos, and f First District of Iowa is incredibly proud of his success. everything. She got on the keyboard KEYSTONE PIPELINE f herself and showed us what 100 years of (Mr. THOMPSON of Pennsylvania life and vigor in northern California asked and was given permission to ad- HONORING GRANITE STATE HERO looks like. dress the House for 1 minute and to re- JEREMY GRACZYK We will miss her, but we will always vise and extend his remarks.) (Mr. GUINTA asked and was given smile when we think of LaVerne Grell. Mr. THOMPSON of Pennsylvania. permission to address the House for 1 Mr. Speaker, in 2010, the southern seg- minute and to revise and extend his re- f ment of the Keystone pipeline system marks.) began operating, carrying crude oil Mr. GUINTA. Mr. Speaker, I rise b 1930 from Oklahoma to Illinois and Texas. today to celebrate the life of New According to multiple news outlets, Hampshire’s own Major Jeremy this existing southern segment of the Graczyk, a decorated Marine, combat PLANNED PARENTHOOD Keystone system just pumped its one veteran, and American hero. PRACTICES billionth barrel of oil. A native of Atkinson, New Hamp- (Mr. ALLEN asked and was given The Federal approval process only shire, Major Graczyk graduated as val- permission to address the House for 1 took 2 years to complete, and there edictorian from Timberlane Regional minute and to revise and extend his re- have been no incidents as a result of High School, attended college at the marks.) this infrastructure. Yet, here we are 5 U.S. Naval Academy, and went on to be Mr. ALLEN. Madam Speaker, like years later and the Keystone XL pipe- commissioned in the United States Ma- my colleagues, I was deeply disturbed line, which would connect Canada and rine Corps, where he served as part of by the video that surfaced last week the United States, still remains unap- Operation Iraqi Freedom and was de- and the allegations regarding Planned proved after 7 long years of repetitive ployed over seven times to Afghanistan Parenthood’s selling the body parts of reviews. and Africa. unborn children. Just today, another Approval of the Keystone XL pipeline Due to his bravery and dedication to video was released showing a senior will provide American families with our Nation, he has been awarded over Planned Parenthood official make flip- new job opportunities and a reliable 20 decorations. To say Major Graczyk pant comments about receiving money source of North American energy in embodied the meaning of our State’s for the organs of aborted babies. motto ‘‘Live free or die’’ is an under- the safest, most efficient way possible. The practices brought to light in As a member of the Natural Re- statement. these videos and reports are shocking sources Committee, I rise today to As we honor the anniversary of his and sickening. When such reports come once again urge the President to ap- death, we continue to remember and forward, it is our moral responsibility prove the Keystone XL. celebrate his life. It is because of sol- This southern portion of the Key- diers like him that our Nation remains to act. We must take action on behalf stone pipeline has proven to be a safe the land of the free and the home of the of the most vulnerable and precious and effective way to transport oil, and brave. And for that, we are forever lives among us. the northern segment into Canada will grateful. Madam Speaker, I commend the provide the same benefits. House Energy and Commerce and f House Judiciary Committees that have f IN MEMORY OF LAVERNE GRELL begun efforts to investigate these hei- CONGRATULATIONS ZACH (Mr. LAMALFA asked and was given nous practices, and I am committed to JOHNSON permission to address the House for 1 working with my colleagues to ensure (Mr. BLUM asked and was given per- minute and to revise and extend his re- we get to the bottom of these allega- mission to address the House for 1 marks.) tions. minute and to revise and extend his re- Mr. LAMALFA. Madam Speaker, I Planned Parenthood and all those in- marks.) rise tonight to note the passing of a volved must be held accountable. I Mr. BLUM. Mr. Speaker, I rise today true gem, a jewel to northern Cali- stand with all who are dedicated to to congratulate Zach Johnson, a native fornia, LaVerne Grell of Yuba City. fight to protect innocent life.

VerDate Sep 11 2014 03:20 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.034 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5319 CONDEMNING PLANNED PARENT- cry, little baby lungs that will never be Center for Medical Progress show high- HOOD TRAFFICKING SCANDAL used to learn how to speak, and little ranking Planned Parenthood officials (Mr. FORTENBERRY asked and was baby lungs that will never learn to sing explaining how they market and profit given permission to address the House because they have been killed in the from the sale of the organs of their vic- for 1 minute and to revise and extend womb. tims and how doctors maneuver deadly his remarks.) These are little babies that are so abortion tools to ensure—they call Mr. FORTENBERRY. Madam Speak- well developed that they can survive them graspers—intact organs. er, in just a few moments, we will hear outside the womb. These little babies In one clip, Dr. Deborah Nucatola, from a number of colleagues who are feel pain in the abortion. These are lit- senior director of Planned Parenthood all here gathered in great sadness and tle ones who, again, don’t have lobby- Federation of America’s medical serv- with heavy hearts to denounce, once ists in this town that work for them. ices and a late-term abortionist her- again, another revelation of another They are voiceless, they are defense- self, explained: gruesome practice by the organiza- less, and so often they are powerless. We have been very good at getting heart, tion—the taxpayer-funded organiza- But this House is coming together to- lung, liver, because we know that, so I am not going to crush that part. I am going to tion—called Planned Parenthood. night in extraordinary form to make sure that these little ones are not for- basically crush below, I am going to crush Madam Speaker, it is important to above, and I am going to see if I can get it note that Planned Parenthood was gotten, because we are standing up for them to make sure that their lives all intact. founded in racism. It profits from the Dr. Nucatola says on camera: pain of abortion, and now it traffics in matter because in America we believe that all lives matter, whether you are I would say a lot of people want liver; and baby parts. for that reason, most providers will do this How much more do we have to know born or unborn. So I am proud to be part of this Special Order tonight. I am case under ultrasound guidance, so they will to awaken us, awaken our conscience know where they are putting their forceps. as a nation, to the gruesome realities proud that we have so many Members who want to come down and speak on In other words, crush the baby to again of this taxpayer-funded organiza- death, but do it in a way that preserves tion? this important topic. Mr. Speaker, I yield to the gentleman certain organs and body parts for sale. So I am pleased that my colleagues from New Jersey (Mr. SMITH), who has Dr. Nucatola even suggests and is have gathered tonight to talk more in been such a leader in the pro-life move- caught on tape talking about creating depth about this, but also to highlight ment. a menu. the fact that we are all interested in Mr. SMITH of New Jersey. Thank Today, another new devastating ongoing congressional investigations you, Mr. DUFFY. Thank you for yield- video by the same organization shows a to determine what efforts, what laws, ing to me and for your leadership on Planned Parenthood Federation top or what new steps need to be taken to this extremely important human rights doctor, Dr. Mary Gatter, offering to ban the unethical and dehumanizing issue. use a ‘‘less crunchy technique’’ to get practice undertaken by Planned Par- Mr. Speaker, in 2011, an undercover more intact organs and baby body enthood. videotape sting operation by Live Ac- parts. We must challenge this assault on tion exposed several Planned Parent- Less crunchy? Like Dr. Nucatola, Dr. human dignity, especially to protect hood affiliates who are eager, ready, Gatter is nonchalantly talking about the most vulnerable members of our so- and willing to facilitate secret abor- crunching—that is, crushing—babies to ciety. I find it very interesting, Madam tions for child sex trafficking victims— death in ways that are more likely to Speaker, that the early feminist move- some as young or younger than 14—to preserve body parts and intact organs. ment was dedicated to protecting get them on the streets again. This is unconscionable, it is inhumane, women from abortion. As the prime author of the Traf- and it must stop. I am glad that the f ficking Victims Protection Act of 2000, House Republican leadership has called ALL LIVES MATTER the landmark law that seeks to protect for full investigations into this dehu- victims, mostly women and children, I manizing practice. The SPEAKER pro tempore (Mr. found the on-the-record willingness of Mr. DUFFY. Mr. Speaker, I yield to ALLEN). Under the Speaker’s an- Planned Parenthood personnel to ex- the gentleman from Texas (Mr. HEN- nounced policy of January 6, 2015, the ploit young girls and partner with sex SARLING), the chairman of the Finan- gentleman from Wisconsin (Mr. DUFFY) traffickers to be absolutely appalling. cial Services Committee. is recognized for 60 minutes as the des- Watch the video yourself on Mr. HENSARLING. Mr. Speaker, I ignee of the majority leader. liveaction.org. thank the gentleman for his leadership GENERAL LEAVE In 2012, Live Action released another tonight especially, of all times. Mr. DUFFY. Mr. Speaker, I ask sting operation video, part of a series Mr. Speaker, it is our highest ideal as unanimous consent that all Members called ‘‘Gendercide: Sex Selection in Americans that every human life is en- may have 5 legislative days in which to America,’’ showing Planned Parent- dowed with dignity and has value. As revise and extend their remarks and in- hood staff advising undercover female Americans, we have a shared responsi- clude extraneous materials on the investigators how to procure sex selec- bility to protect the innocent and de- topic of this Special Order. tion abortions. Caught on tape, fend the rights of those who are unable The SPEAKER pro tempore. Is there Planned Parenthood tells the investi- to defend themselves. But rather than objection to the request of the gen- gator to wait until the baby is 5 protecting and defending this dignity, tleman from Wisconsin? months along to get an ultrasound that Planned Parenthood is seemingly at- There was no objection. will reveal the sex of the child, then, if tempting to cash in on it. Mr. DUFFY. Mr. Speaker, for 30 it is a girl, kill it. Recently, shocking and appalling vid- years, Planned Parenthood has worked Planned Parenthood is okay with ter- eos have come to light exposing senior to dehumanize the babies that they minating the girl child in its huge net- employees at Planned Parenthood cas- have aborted, claiming that these little work of clinics simply because she is a ually discussing both the harvesting babies were just clumps of cells, just girl. What a dangerous place for little and selling of organs of aborted chil- clumps of tissue; but through the re- girls. dren. These videos portray a chilling cent videos that have come out, they Now we have learned that Planned transactional approach to ending have, in essence, admitted what we Parenthood is trafficking in baby body human life. have known all along—that these are parts and intact organs like livers and Mr. Speaker, as a matter of morality, actually little humans. These are little hearts, charging up to $100 or more per history, science, reason, and, most im- babies, and their organs are being har- body part. Not only has Planned Par- portantly, my personal faith, I can vested for profit: little baby heads and enthood killed over 7 million innocent come to no other conclusion but that little baby livers, little baby hearts babies in their chain of abortion mills, every human life begins at conception and little baby lungs—little baby lungs about 330,000 children per year, but now and every human life is worthy of pro- that will never have an opportunity to shocking new undercover videos by the tection.

VerDate Sep 11 2014 03:20 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.036 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5320 CONGRESSIONAL RECORD — HOUSE July 21, 2015 Psalm 139:13 says: We must act now to prevent even a I want to thank the Members of the For You created my inmost being; You single dime from going to organiza- Missouri State legislature, my own knit me together in my mother’s womb. tions such as Planned Parenthood that home State of Missouri, who have com- What God has knit together, appar- flaunt such blatant disregard for mitted to investigating Planned Par- ently Planned Parenthood wishes to human life, and we need colleagues on enthood in the State of Missouri, as- crush. But that is not my word, Mr. both sides of the aisle to step up and suring Missourians that our laws pro- Speaker; that is their word. You have join us in this effort. hibit these unthinkable acts, and hold heard it spoken on this House floor as Mr. DUFFY. Mr. Speaker, I now yield Planned Parenthood accountable for Senior Director of Medical Services at to one of the leaders on this issue, the any wrongdoing. Planned Parenthood said: gentlewoman from Missouri (Mrs. WAG- Mr. Speaker, we have a duty as elect- We have been very good at getting heart, NER). ed Representatives to the United lung, liver, because we know that, so I am b 1945 States to stand up for the most vulner- not going to crush that part. able among us, to lend a voice to the I am not sure I have ever repeated Mrs. WAGNER. Mr. Speaker, I thank voiceless, and stand up for injustice. I such vile and cruel words on this House the gentleman, my friend, Congress- will continue to fight for the day when floor before, Mr. Speaker; and whether man DUFFY, for leading this effort and abortions and the atrocities associated one considers themselves pro-life or leading this Special Order today. with it are not only illegal, but un- Mr. Speaker, I rise today to express pro-choice, I would hope that every thinkable. my continued outrage at, now, two ab- American believes that harvesting and Mr. DUFFY. Mr. Speaker, I appre- horrent videos that have been released trafficking baby organs violates the ciate the gentlewoman’s powerful com- in the last week in which two Planned sanctity to which every child created ments. She is right, we do need an in- Parenthood senior doctors describe the in the very image of God is entitled to. vestigation: Federal, State, FBI, and So, Mr. Speaker, I add my voice process by which they and their co- DOJ. thanking our leadership of this Con- workers kill unborn children and har- Mr. Speaker, I now yield to the gen- gress for calling on investigations of vest their organs for sale. tlewoman from Tennessee (Mrs. Like many Americans, I was shocked these horrific acts, and I call on the BLACK). not only by what I learned about Obama administration to denounce Mrs. BLACK. Mr. Speaker, I thank Planned Parenthood’s standard prac- them and find a way to stop these grue- the gentleman for yielding. tices, but by the cold, callous indiffer- some practices. Mr. Speaker, Planned Parenthood Almost every day, Mr. Speaker, we ence in which its medical leadership has blood on its hands. Over the last hear somebody utter words on the detailed the barbaric murder of soci- week, we have seen multiple videos House floor, ‘‘We must do something ety’s most vulnerable children. showing its employees brazenly dis- In the United States, we provide pro- for the least of these.’’ Truly unborn cussing the harvesting of aborted ba- tections for the least among us in nu- life is the least of these. So let’s start bies’ tissues and organs, but the truth merous ways from medical research, to tonight and hold life precious. is Planned Parenthood’s culture of de- welfare programs, to healthcare assist- Mr. DUFFY. Thank you, Mr. Chair- pravity runs much deeper than these ance; yet here, we stand on the floor of man. couple of videos. Mr. Speaker, I yield to the gentleman the United States House of Representa- In my home State of Tennessee, tives to discuss whether the sale of from Ohio (Mr. JOHNSON). Planned Parenthood, the supposed Mr. JOHNSON of Ohio. Mr. Speaker, human body parts harvested from champion of safe abortions, sued to many of us have seen it, a recently sur- aborted children violates basic human overturn our State’s informed consent faced, horrifying video that provides dignity and perhaps even the law. and mandatory licensing laws, meas- evidence that Planned Parenthood em- Mr. Speaker, the question that ures that were put in place to protect ployees participate in the harvesting of strikes me today is not whether this women’s health and safety. fetal body parts. practice is immoral or illegal—for When I authored an amendment to Mr. Speaker, I rise today in absolute surely no Member of Congress or of hu- our State constitution allowing legisla- disgust. Not only is Planned Parent- manity can, in good conscience, claim tors to reinstate these protections, hood profiting from abortions, but this that we support these heinous activi- Planned Parenthood ran an ill-fated video shows a top Planned Parenthood ties—instead, I am left considering smear campaign attempting to confuse executive discussing how best to pro- what could we have done or perhaps the facts and turn Tennesseans against cure and sell specific organs from these what should we have done to protect the measure. defenseless, aborted babies’ bodies. women and innocent children from this You see, Planned Parenthood doesn’t As a father and a grandfather, I find outrageous practice. I am left to think empower women; it deceives them at these acts unconscionable and bar- what kind of Nation allows these hei- their most difficult and vulnerable mo- baric. We have a moral responsibility nous acts to continue. ments. It values convenience over to ensure that these acts are fully in- We are the United States of America, truth and profit over life. As a nurse, I vestigated and that Planned Parent- a country founded on the belief that have seen the big abortion industry’s hood is held accountable for their ac- each individual holds dignity and shameful tactics with my own eyes. tions. worth in the eyes of our creator. If That is why, for 2 years now, I have Mr. Speaker, I want to thank Chair- Planned Parenthood is discovered to sponsored the Title X Abortion Pro- man FRED UPTON of the Energy and have been altering abortion procedures vider Prohibition Act to address one of Commerce Committee and Chairman so as to sell human baby hearts, livers, Planned Parenthood’s largest govern- BOB GOODLATTE of the Judiciary Com- lungs, brains, and other organs, then ment revenue streams. I continue to mittee for taking immediate action they have violated their own guidelines urge passage of this legislation, but in and announcing their respective inves- as well as Federal laws from partial- light of these videos, we must take the tigations into this horrific practice. birth abortion to the sale of human or- fight a step further. Mr. Speaker, I cannot fathom why gans. It will be up to Congress to inter- For these reasons, I have just intro- taxpayers’ hard-earned dollars are pro- vene on behalf of the thousands of un- duced the Defund Planned Parenthood vided to organizations that actively born children. Act of 2015, legislation that would allow such gruesome practices to Mr. Speaker, it is clear to me that enact an immediate moratorium on all occur. there is a prevailing attitude inside Federal funding for Planned Parent- In 2013, abortions made up 94 percent Planned Parenthood that is so dis- hood while Congress carries out a full of Planned Parenthood’s so-called preg- gusting, so horrifying, and so dis- investigation. nancy services—94 percent. Prenatal turbing that it warrants a congres- I eagerly await the findings of this care and adoptive referrals accounted sional investigation and action. forthcoming investigation, but do you for only 5 percent and half, or 0.5 per- I thank House leadership and our know what, Mr. Speaker, no matter cent, respectively. Yet taxpayer fund- chairman for opening up this investiga- what it reveals, here is the truth: ing accounts for 41 percent of Planned tion and for following our request into Planned Parenthood has made a busi- Parenthood’s overall revenue. this unconscionable activity now. ness out of destroying that which God

VerDate Sep 11 2014 03:20 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.037 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5321 has created. It performs over 327,000 Ms. HERRERA BEUTLER. Mr. body is going to find out. Clearly, abortions a year, all while receiving Speaker, I thank the gentleman. Planned Parenthood doctors are receiv- roughly $500 million in annual funding It is with a very heavy heart that I ing and filling requests for hearts, from the taxpayer dollar. take to the floor today to speak out lungs, lower extremities, and livers, a The one-sided relationship between against what really I think anybody request that is unfortunately and ap- Planned Parenthood’s ever-growing who saw it or witnessed the video or parently common. bank account and American taxpayers read the transcripts felt, which is out- I have never taken to the floor of this must be severed. rage. For those of you who were able to House to express outrage over this Mr. DUFFY. Mr. Speaker, I appre- stomach watching these videos, you issue, but today, I do, and it is time for ciate the gentlewoman’s comments and were left with many shocking ques- answers. leadership. tions about an organization that ap- Mr. DUFFY. Mr. Speaker, I think Mr. Speaker, I now yield to the gen- pears to callously commodify human America, with these videos, feels that tlewoman from North Carolina (Ms. baby body parts. very same outrage. FOXX), one of our House leadership The first video showed a senior Mr. Speaker, I now yield to the gen- team Members. Planned Parenthood official describing tlewoman from Alabama (Mrs. ROBY). Ms. FOXX. Mr. Speaker, I thank my how to place medical forceps on a baby Mrs. ROBY. Mr. Speaker, I thank my colleague from Wisconsin for yielding during an abortion in order to best har- time and leading this Special Order. colleague and I thank all of our col- I rise today to join my colleagues in vest specific organs. She bartered over leagues that are here to talk on this bringing attention to allegations of se- prices for these little human parts. She extraordinary issue that has stunned rious misconduct by the country’s larg- did it over a casual lunch. us all. est abortion provider, Planned Parent- Sadly, there are voices that defend Last week, in the wake of the first hood. Planned Parenthood and its practices. video, Planned Parenthood responded There are no words to properly con- They minimize this as an isolated inno- by forcefully and categorically denying vey my grief and deep disgust at the cent by one individual and sought to that the organization sells body parts cavalier way in which Dr. Deborah move on as quickly as possible; but of aborted babies for profit. The tone of Nucatola details how she strategically then came, today, a second video, and Dr. Deborah Nucatola describing the crushes the tiny bodies of innocent, un- we can only guess that there are more way in which babies’ organs are har- born children in order to harvest and to come. vested and sold was unfortunate, they sell their organs. The likelihood that these are two iso- said, but there is nothing to see here. Perhaps most disturbing is what Dr. lated incidents with two individuals Well, just this afternoon, as I was sit- Nucatola doesn’t say. While she arbi- that don’t represent Planned Parent- ting on the plane to come back to trarily assigns monetary values to the hood’s values, but approach the busi- Washington, I watched the second hearts, lungs, and livers of these chil- ness of selling body parts seemingly video that has been released, showing a dren, she recognizes no value in the without feeling in the exact same way, different senior official at Planned Par- lives of those being aborted. I am not buying it. enthood discussing the same thing. Mr. Speaker, I recently received a I believe this body has a duty to in- Dr. Mary Gatter, president of letter from a nurse who has assisted vestigate, regardless of where you Planned Parenthood’s Federation of with abortions and witnessed firsthand stand on pro-life or pro-choice. Given Medical Directors’ Council is shown ne- the horrific nature of what that proce- the history of Federal funding to gotiating prices for the tissue and even dure entails. She told me that most Planned Parenthood, we have to ask joking about her poor negotiation women have no idea that they are sub- these questions: Is Planned Parenthood abilities, but that she wanted to settle jecting their unborn children to such profiting from the sale of human baby on the prices soon because she wants a ghastly methods. body parts? Are the clinics’ patients Lamborghini. Many of our colleagues in this House being asked if they are willing to do- Once again, the candid words of top find it uncomfortable to talk about the nate? Do they know that the doctor Planned Parenthood officials believe issue of abortion, and I agree that it is who is performing their abortion could the public spin on their PR teams— difficult to consider and discuss these be profiting? Do they know whether or they felt like this was necessary to get horrific practices, but the heinous na- not this increases pain for their unborn what they wanted in order to make a ture of the methods used by Planned baby during an abortion? Are these fa- Parenthood is precisely why we, as a profit. What we haven’t heard from cilities abiding by State laws with re- Nation and as a Congress, must con- Planned Parenthood is a response to gard to late-term and partial-birth front it. perhaps the biggest revelation, that its These revelations merit a serious abortions? providers alter abortion procedures in look at the practices of Planned Par- Gosh, I ask this because it sure seems order to gain access, as my colleagues enthood, and I support fully the robust like they want babies in the later sec- have already discussed in great detail. oversight and investigations being pur- ond and third trimesters because any- What I found really stunning about sued by the House Judiciary and En- body who has been a mom or has fol- Dr. Mary Gatter’s comments that she ergy and Commerce Committees. It is lowed this journey knows that that is made today is she discusses delib- my hope that their investigations will when organ development really erately breaking the rules in order to shed much-needed light on the organi- strengthens and grows. obtain intact organs. She considers out zation’s gruesome methods and will If you are just trying to profit, you loud on this video how to alter the lead to important reforms that end want the organ that is best going to abortion process to get intact baby or- these practices and stop the flow of function, whether it is for research or gans. She said, We need a less crunchy taxpayer resources that support them. whatever. I think we need to find out option—this is sick to hear those words Few things demean the sanctity of what they are even using this for. I come from my mouth, that we need a human life more than elective abor- want to know who is buying these baby less crunchy option when we are talk- tion. One day, I hope that a culture of parts. That is the other piece that this ing about a baby; this violates their life will take hold in the United States body needs to investigate and find out. rules—she says, as long as we do it in and that all children will be protected Planned Parenthood has always pur- a way that doesn’t cause more pain. under the law. However, until that day ported to provide a necessary service These doctors sure sound like they comes, it remains my solemn duty to for women’s health; but I ask: Is this know that there is a competitive black stand up for life. Regardless of the even safe? How long does this prolong a market at play and are willing to en- length of this journey, I will continue procedure? Is it really the motivation gage in illegal activity to tap into it. to speak for those who cannot. for their practices? Not if you follow This is sickening, and it will not go Mr. DUFFY. We appreciate your the money—one of the doctors who was unaddressed. voice being lent to the unborn. describing this, basically a harvesting Mr. Speaker, I now yield to the gen- doctor, joked she wants a Lamborghini. b 2000 tlewoman from Washington (Ms. HER- Like a lot of things, following the I said last week to my colleague—and RERA BEUTLER). money does lead to answers, and this I will say it again—that I do not care

VerDate Sep 11 2014 03:20 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.039 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5322 CONGRESSIONAL RECORD — HOUSE July 21, 2015 how much weight Planned Parenthood sures no taxpayer dollars are used for cannot be denied and the casual nature throws around this town. They are not abortions, H.R. 7, the No Taxpayer with which they discussed this, as if it above the law. Funding for Abortion and Abortion In- is routine. It is an expected part of If Planned Parenthood really has surance Full Disclosure Act of 2015. their business. That is why we are nothing to hide, then these officials May God give us continued courage moving forward to investigate them. will have no problem with a complete to seek justice, to love mercy, and to That is why we feel funding should be investigation. It is our responsibility speak out for those who cannot speak restricted. to protect those who cannot defend for themselves. Over 65 percent of the American peo- themselves and to stop illegal activity Mr. DUFFY. Mr. Speaker, I yield to ple, Mr. Speaker, are against the use of when we see it. the gentlewoman from Tennessee (Mrs. taxpayer funds for abortion, and it is That certainly seems to be what is BLACKBURN), one of the most powerful time for us to deal with, to hold ac- happening here, and I thank all of my voices in the House, specifically on the countable, to restrict, and to put some colleagues for standing up for the un- life issue. barriers around what has been hap- born. Mrs. BLACKBURN. I thank the gen- pening with Planned Parenthood. It is Mr. DUFFY. I appreciate the gentle- tleman. And I thank the gentleman for an investigation we will pursue until woman. his leadership in organizing this hour. we know the truth and have every ele- Mr. Speaker, I think it is a good Mr. Speaker, we come to the floor to- ment of truth. point to make that there should be a night as mothers and grandmothers Mr. DUFFY. I appreciate the gentle- set cost for these body parts. There and dads and granddads, and we come woman’s wonderful comments. should be costs of storing and trans- with such heavy hearts and with such a When you talk about the casual na- porting, but there should be no extra burden for what we have found out, for ture, you talk about doing procedures cost, and there should be no negotia- what we have seen, and for what has that are less crunchy. What are we tion. been made public about Planned Par- talking about, less crunchy? We are Yet, if there is a black market and if enthood. crunching human bones. That is what markets are demanding certain prices I will tell you, Mr. Speaker, that I they are actually saying in that video- because they are making a profit off of thought it was very interesting that tape. it, you are going to maybe have $30 for the head of Planned Parenthood came Mrs. BLACKBURN. We are talking one and $100 for another based on the out this week and said, ‘‘Oh, we think about setting the price for this. black market. there are more videos to come.’’ Mr. DUFFY. For crunching bones. I yield to the gentleman from North That is because they know they have Mrs. BLACKBURN. It is just their Carolina (Mr. WALKER). been caught, and they know they are routine nature. This was not the first Mr. WALKER. I thank Representa- guilty, and they know what they have time they had done this. In listening to tive DUFFY for his leadership on this done; but no amount of trying to go them, that is made very apparent. matter. Mr. Speaker, tonight I join my col- out and push it to the side is going to Mr. DUFFY. I appreciate the gentle- leagues in speaking out against the push this to the side. woman. barbaric and heinous actions we all That is why our committee, the Mr. Speaker, I am now proud to yield witnessed in an undercover video in House Energy and Commerce Com- to the gentlewoman from North Caro- which Planned Parenthood was caught mittee, is taking up an investigation. lina (Mrs. ELLMERS), one of my good selling the body parts of aborted chil- We are already working on this. friends. Mrs. ELLMERS of North Carolina. I dren. We are pushing forward to get the In 2013, Planned Parenthood per- witnesses before us and to exercise the thank the gentleman from Wisconsin formed 327,653 abortions and received appropriate oversight that is there for for holding this very important Special over a half billion dollars—$500 mil- us to do. Order. lion—in taxpayer funding. Planned Parenthood does get Federal I want to thank my colleagues who Ironically, it was in 2013 that Presi- taxpayer dollars. The problem is are here today talking about this very dent Obama became the only sitting money is fungible. And when you see important issue. President to ever address this organiza- what has been carried out in these vid- It is not the first time that we have tion. May I remind you that it was at eos—in their own words what they de- come together to talk about the impor- this address that the President made scribe—you know how destructive that tance of protecting life, the lives of the decision to invoke God’s blessings process is. those who are yet to be born. on these hideous activities. As Mr. WALKER just said, Planned I can’t even begin to tell you how dis- The mask is now coming off an orga- Parenthood conducts over 300,000 abor- gusted I am, how nauseous I am right nization that barters the very parts of tions a year. They are the Nation’s now, that we are having this discussion a baby in a manner that most Ameri- largest abortion provider. Their focus about the sale of baby body parts and cans find appalling. is no longer family planning or wom- that Planned Parenthood so values the So many of us here are parents. We en’s health. It is abortion. organs of the unborn and, yet, so de- have watched in awe at the ultrasound What we have found out is that, values the life of the unborn. images of our children. We have seen through this sector of their business Mr. Speaker, I rise today with a their little hearts beat and have mar- that is focused on abortion, they have heavy heart in sharing these concerns veled at God’s creation in how fearfully now moved even further away, and with my fellow colleagues. We now and wonderfully they are made. they are into selling body parts—har- know about the two videos that have How can we stand idly and not speak vesting and selling body parts. been released, the first video showing out for these lives, the very least of We have heard the Members speak so the senior director of the medical serv- these? That is why I have taken imme- eloquently to this, and I know, Mr. ices at Planned Parenthood, who was diate action by joining in a letter with Speaker, people can hear the emotion bragging in gruesome detail of how this several of my colleagues, speaking out in our voices and in our hearts, because group harvests and sells fetal organs. against Planned Parenthood’s evil and this is a subject you don’t think about She described how they take par- depraved actions, and fully support a discussing on the House floor, but it is ticular care of the baby’s organs. If congressional investigation into this one that has been left for us to oversee. only this group were just as devout in organization. They talk about procuring these showing so much care, time, and atten- I am proud to be an original cospon- body parts. In their own words, they tion to the life of the baby. sor of Congresswoman BLACK’s bill, the talk about setting the price, negoti- In the second video are details of how Title X Abortion Provider Act. We ating, dealing with the tissue brokers. the health of the mother is purpose- must stop now these organizations These are the most abhorrent and in- fully put in jeopardy to yield pristine, from receiving a single taxpayer dollar humane statements and words and con- viable organs. through the Title X program. duct. Mr. Speaker, this is sickening. This I urge the Senate to act quickly to The conduct and the demeanor of is all for a price, a price which is being pass the House’s legislation that en- these individuals on those videotapes negotiated. Regardless of whether you

VerDate Sep 11 2014 03:20 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.042 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5323 are a pro-life individual or a pro-choice I think so many Americans are out- Parenthood calling these horrors individual, you have to be absolutely raged by Planned Parenthood and the trumped up—trumped up—disgusting, appalled at this. abortions, but, now, specifically by frankly. It is just amazing. This is one As a nurse, a mother, and one who these videos that have come to light. I of the reasons why I voted, along with believes that the life of the yet to be thank the gentleman for his comments. a number of my other colleagues, the born should be protected, I can’t begin Mr. Speaker, I yield to the gentleman vast majority of my colleagues on the to understand how someone can re- from Colorado (Mr. LAMBORN). Republican side, to defund Planned count these appalling details in such a Mr. LAMBORN. I thank the gen- Parenthood. Forty-one percent of their nonchalant manner unless this has be- tleman for yielding and for his contin- total revenue is taxpayer dollars, $1.5 come routine. ued leadership on this critical matter billion in 2011 to 2012. As Representatives, it is our job to of life. We must never forget that we are not protect the rights of women. It is our Mr. Speaker, I rise today sickened just talking about numbers on a job to protect the rights of the unborn. and angered by yet another report spreadsheet. We are talking about un- This horrific revelation warrants a re- showing what Planned Parenthood’s born children, not lab specimens. We sponse from Congress, and I am proud limitless disregard for the unborn child are talking about human lives. We to be on the Energy and Commerce is. must continue to fight for every un- Committee to begin this investigation. Watching senior Planned Parenthood born child here just because of their in- Mr. DUFFY. I appreciate the gentle- executives discuss the sale of aborted trinsic worth, not because of a spread- woman’s comments, and I look forward babies’ body parts while they casually sheet or some sort of price list that to an aggressive investigation by the dine is beyond revolting. This callous Planned Parenthood or any other orga- Energy and Commerce Committee. barbarism should have no place in civ- nization has put together. Mr. Speaker, I yield to the gentleman ilized society. We must continue that fight, and es- IBBS). from Ohio (Mr. G pecially when there are so many other Mr. GIBBS. I thank the gentleman I am also troubled to have discovered options, that adoption option that is for holding this Special Order tonight. that some of these abhorrent trans- Mr. Speaker, last week millions of actions may have taken place in my out there. When you see the work being Americans saw the horrific video in home State of Colorado. done by crisis pregnancy centers like which a top Planned Parenthood doctor Reports surfaced last week revealing in my area, the Lakeshore Pregnancy detailed the gruesome nature of abor- that Colorado State University appears Center, or the right-to-life organiza- tion procedures. Dr. Deborah to have violated State law by pur- tions or any of those others that are Nucatola’s casual conversation about chasing aborted baby body parts from a out there in the trenches praying for, crushing the body of an unborn child is California affiliate of Planned Parent- working for not just those children nothing short of barbaric. What is hood. but, frankly, the parents that may be worse is the negotiation of the price of If true, these actions would appear to making a bad decision. the remains of the unborn child. violate a law that was created by a bill We must continue to fight for the un- In a second video, which was released that I introduced and that became law born here in Congress. I know I pledge today, Dr. Mary Gatter negotiates the during my time in the Colorado State to do that; I know so many of my other price of fetal remains, discusses a ‘‘less Senate, a bill prohibiting the purchase colleagues do, too. We must promote crunchy’’ procedure to preserve body of fetal tissue from an abortion. that culture of life and strong families parts, and jokes about needing to pur- I have sent a letter to the university in west Michigan, in this Nation, and chase a Lamborghini from the profits and have demanded an explanation. around the world. of those organ sales. Further, I have provided a copy of the I would just like to again thank my But this is not a joke. Profiting from letter to Colorado Attorney General colleagues for calling attention to this the sale of human organs is illegal and Cynthia Coffman, and I have urged her horrific, horrific act that has been so is changing a procedure specifically office to launch a full investigation. going on. for organ harvesting. These troubling revelations exposing Mr. DUFFY. I appreciate the gentle- This is a terrible reminder of what an the monetization of fetal organs fur- man’s comments. This debate has been abortion really is, ending the life of a ther demonstrate the need to fully going on for some time. Not long ago child. If harvested organs are so valu- defund Planned Parenthood. there was a debate between Rick able, how valuable is the child? Is the It is unacceptable that we continue Santorum and now Senator BOXER, and value of a child’s life not greater than to force taxpayers to subsidize this cor- during that debate Senator BOXER was the sum of his or her parts? How long rupt organization that disregards the talking about life beginning when you will we, as a Nation, continue to allow dignity of human life while seeking to take your baby home from the hos- such heinous, despicable acts? extract monetary gain from its de- pital. I mean, some of the viewpoints May these revelations on video serve struction. on the other side are absolutely out- rageous. It just shows there is a lot of as an opportunity for all Americans to b 2015 reflect on the precious nature of life work to do. and how we treat the unborn, who are Mr. DUFFY. I yield to the gentleman I yield to the gentlewoman from Mis- truly the most vulnerable and innocent from Michigan (Mr. HUIZENGA), one of souri (Mrs. HARTZLER) to talk about among us. my colleagues on Financial Services, this important issue. I thank Speaker BOEHNER and the Ju- one of our chairmen who has been Mrs. HARTZLER. I thank my col- diciary and Energy and Commerce doing fantastic work and a champion league from Wisconsin for his leader- Committees for opening investigations for life. ship and hosting this Special Order to- to determine what, if any, Federal laws Mr. HUIZENGA of Michigan. I, too, night. were broken as a result of these awful thank my friend and colleague from Mr. Speaker, it is vital that we have practices. Wisconsin for his leadership on this this extremely important conversation The House must not provide any Fed- and so many others. concerning the unborn. While this eral funds to Planned Parenthood when Mr. Speaker, I just wish the Amer- topic is very difficult to discuss, it is they condone and profit from these ac- ican people could be here on this floor something we must talk about and rec- tions. right now and feel the passion, the ognize in order to stop the unspeakable I call on the President to denounce frustration—honestly, the anger. I es- horrors currently taking place. these practices, and I urge my col- pecially want to address my female Last week and this morning, new vid- leagues in the House to support the colleagues who have been here and eos were released detailing how elimination of Federal funding for have had the courage to come and take Planned Parenthood harvests and sells Planned Parenthood. a stand. That isn’t always done. the body parts of aborted children. For Mr. DUFFY. I couldn’t agree more I think it was especially hard a little decades, Planned Parenthood employ- with the gentleman from Ohio in re- earlier as we were doing 1-minutes see- ees have tried to diminish the human- gard to taxpayer funding being used for ing a colleague, watching a 1-minute ity of the unborn by belittling them to abortion. address from an apologist of Planned blobs of tissue. However, this video is

VerDate Sep 11 2014 03:20 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.043 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5324 CONGRESSIONAL RECORD — HOUSE July 21, 2015 evidence that Planned Parenthood tection Act, a crucial piece of pro-life Mr. JODY B. HICE of Georgia. I knows that these are not simply blobs legislation that bans the murder of ba- thank the gentleman and appreciate of tissue, but actual human beings that bies who are at least 5 months old in his leadership in this Special Order. have tiny lungs, livers, and beating the womb and can, indeed, feel the ex- Mr. Speaker, I am honored to stand hearts. cruciating pain of dismemberment and with my colleagues here tonight in mu- We need to get our priorities a ghastly death that Planned Parent- tual condemnation of Planned Parent- straight. In the video the Planned Par- hood would perpetrate on them. hood and their horrific practices. Like enthood doctor callously describes al- In 2013, we saw the horror of Dr. so many others, I likewise have just tering abortion procedures by crushing Gosnell, and now we see the real dis- been horrified, deeply disturbed by the a baby’s body in order to preserve cer- turbing practices of Planned Parent- flippant comments made by an execu- tain organs for harvesting. She says: I hood and their black market sale of tive at Planned Parenthood. am going to basically crush below; I body parts of aborted babies. It is bad enough knowing that this am going to crush above. Mr. Speaker, I only ask this: How can organization performs over 300,000 This is human life we are talking organizations put a price on tissues, abortions every year, but it is another about. We cannot stand by while abort- limbs, and livers, and then not ac- whole matter to come to the realiza- ed baby parts are being sold for profit. knowledge that there is life at the time tion that they are also engaged in traf- This morning’s video shows another of conception? No price can be placed ficking human baby parts. It is abso- Planned Parenthood doctor shame- upon the worth of seeing a child born lutely unconscionable. lessly haggling over the price of abort- and take its first breath. I believe that all life is sacred and ed baby body parts. She discusses how And, Dad, before I go, thank you for needs to be protected. I commend my the price could change based on the standing alongside Mom and being pro- colleagues for stepping up and calling volume and developmental stage of the life. I love you both. for a congressional investigation aborted babies. Mr. DUFFY. The gentleman’s re- against Planned Parenthood. I also say While I am pleased that there are marks were well said. Aren’t we all a huge thank you to Governor Deal Federal and State investigations un- grateful that our parents were pro-life? from my own State for, likewise, call- derway, I believe more needs to be It gives us a chance to be on this floor ing for an investigation of Georgia to done. Planned Parenthood has received and express our views. see that infant organs are not for sale over $200 million in Federal funds since I yield to the gentlewoman from in that State. 2012. It is clear that Planned Parent- Washington (Mrs. MCMORRIS RODGERS), Mr. Speaker, enough is enough. It is hood places profit—not women’s health the chair of our Conference but, more time that Planned Parenthood be held and safety—ahead of all else, and they importantly, a mother. accountable for these despicable acts. must be stopped. Mrs. MCMORRIS RODGERS. Mr. I again just say thank you, and I am I urge support for Congresswoman Speaker, I want to join in expressing honored to stand with my colleagues BLACK’s legislation that prohibits all appreciation to Congressman DUFFY, here this evening as we stand for life; Federal funds to Planned Parenthood. the gentleman from Wisconsin, for and at the same time that we try to Federal dollars cannot continue to flow bringing us all together tonight on this prevent these abysmal practices from to any entity that has such a blatant very important issue and what has re- marring our collective consciences, I and heartless disregard for human life. cently been uncovered through the vid- plan to continue to champion life. It is Mr. DUFFY. I appreciate the gentle- eos featuring senior level Planned Par- just abhorrent that there would be any woman’s powerful words. enthood officials admitting to uneth- organization trying to make a profit, I yield to the gentleman from Texas ical, potentially illegal procedures. an industry for profit out of the sale (Mr. WEBER). It is really unthinkable to most of and trafficking of baby human parts. Mr. WEBER of Texas. I thank the us. It is unthinkable not just because Mr. DUFFY. I yield to the gentleman gentleman. of their cold, nonchalant attitude to- from Texas, Dr. BABIN. Mr. Speaker, before I begin my pre- ward ‘‘crunchy procedures,’’ but be- Mr. BABIN. I thank the gentleman pared remarks, I want to say some- cause these videos highlight that we from Wisconsin. thing to my mom, Jeanne Weber, in have allowed the debate on women’s Mr. Speaker, I rise to express my Pearland, Texas. health to get horribly skewed. Anyone outrage over the recent disclosures of Mom, thanks for being pro-life. watching these videos can say the Planned Parenthood’s deliberate ef- Thanks for cradling even the very American people must have answers. forts to harvest tissue from aborted ba- thought of me in your heart and mind This isn’t women’s health. This is an bies. The practices described by before I was conceived; and, Mom, agenda. It is an agenda that is driven Planned Parenthood officials on these thanks for cradling me in your womb by monetary gain, not the best inter- videos are simply despicable, unspeak- and then later in your bosom and then ests of women. Abortion providers able, and barbaric. The lighthearted in your lap, and all my young years. I should not get to hide behind the foil of tone of Dr. Deborah Nucatola, the Sen- love you, Mom. Thank you. health care to get away with unspeak- ior Director of Medical Services for Mr. Speaker, I cannot tell you how able acts. Planned Parenthood, as she talked deeply disturbed I am by these videos The practices described in these vid- about how much fetal tissue parts were that have been unearthed showing em- eos are despicable, and Planned Parent- worth while eating salad and drinking ployees of Planned Parenthood selling hood must be held accountable. If a wine only adds words of insult to this body parts of aborted babies. hospital were even allegedly involved atrocity. It has long been my mission to fight in any kind of illegal activity, we A video released just today shows Dr. against any organization that will not wouldn’t hesitate for a second to haul Mary Gatter, another high-ranking protect the unborn. As a member of the them before a committee. Abortion Planned Parenthood official, again dis- Texas statehouse, I voted alongside providers should be no different. cussing fetal tissue payments. Gatter other Texas House conservatives to Policymakers who are serious about describes using a less crunchy tech- defund the Planned Parenthood in protecting women and families should nique to yield as much and many body Texas to ensure that taxpayer money be invested in getting to the bottom of parts as possible for more money to would not be used on these ghastly these statements made by Planned buy herself a Lamborghini. This is in- abortion procedures. Parenthood. I applaud our committees humane. As a health provider myself, I Now, as a Member of Congress, Mr. for launching inquiries into Planned condemn it in the strongest terms. I Speaker, I have fought alongside my Parenthood practices and procedures. hope the relevant medical licensing colleagues to protect the unborn and The American people must have an- boards in their States disqualify her the sanctity of life. On May 13, the swers. and Dr. Nucatola from ever practicing House voted in strong support of my Mr. DUFFY. Absolutely. I appreciate medicine again. good friend Representative TRENT the gentlewoman’s comments. It is a national disgrace that tax- FRANKS of Arizona’s legislation, H.R. I yield to the gentleman from Geor- payer dollars account for 41 percent of 36, the Pain-Capable Unborn Child Pro- gia (Mr. JODY B. HICE). Planned Parenthood’s revenue and that

VerDate Sep 11 2014 05:31 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.045 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5325 over the past 3 years the organization It is not just abortions that are of- marks and insert extraneous material has received $1.2 billion in funding fensive about this organization. on the topic of my Special Order. from Medicaid. All of this for an orga- Planned Parenthood has also fought The SPEAKER pro tempore. Is there nization that performs more than against mandatory reporting when objection to the request of the gen- 300,000 abortions a year. American fam- they discover children are being sexu- tleman from Arizona? ilies should not be forced to pay the op- ally abused. Employees have acknowl- There was no objection. erating costs and salaries for abortion edged aiding and abetting human sex Mr. FRANKS of Arizona. Mr. Speak- businesses, much less one that engages trafficking of young girls under the age er, I would first count it a privilege to in fetal tissue trafficking. of 14. yield to the gentlewoman from South b 2030 It is time we give those who need it Dakota (Mrs. NOEM). better access to real women’s health Mrs. NOEM. I thank the gentleman As an original cosponsor of Rep- care. We must defund Planned Parent- for yielding. resentative BLACK’s Defund Planned hood now and use that funding to assist Mr. Speaker, today I rise to speak on Parenthood Act, we are working to women who need real health care. an issue that has weighed very heavy prohibit Federal funds from going to Mr. Speaker, we have been talking on my heart; in fact, it has kept me Planned Parenthood or any entity that about this too long. It is time to stop awake at night for many nights. performs abortions. I call upon the supporting a group who callously mur- Two videos have recently come out House and the Senate leaders to allow ders innocent and helpless children and showing senior Planned Parenthood ex- for its immediate consideration and at- sells their organs and calls it reproduc- ecutives and doctors callously dis- tach it to any must-pass bill. tive health care. cussing abortion procedures and the I would like to thank the gentleman Mr. DUFFY. As we are about to close costs of that fetal tissue from aborted from Wisconsin and all of my col- this hour, we have had a chance to hear babies. leagues who are here tonight to speak from so many members of the House It has turned my stomach to hear on this important issue—and the mil- Conference who have spoken out on be- these people at Planned Parenthood. lions of Americans who are leading this half of the unborn, those little babies They claim to act in the best interest effort in all 50 States. May God bless that don’t have a voice to speak for of women, but instead they talk about all of you. Mr. DUFFY. I yield to the gentleman themselves, and I know in the next half compensation for tiny organs from aborted babies. from Texas (Mr. FARENTHOLD) for a few hour we are going to have Mr. FRANKS I find myself asking: How did we get comments on this important issue of from Arizona continue this conversa- here? How did this great country that life. tion with so many more of our mem- Mr. FARENTHOLD. Mr. Speaker, I bers who want to be heard on this im- was founded on Biblical principles get rise today to insist Congress stop the portant topic. to a place where we have federally immoral and monstrous action being I just want to close with this. The funded organizations like Planned Par- taken by Planned Parenthood in any Democrats talk so often about what enthood who claim to care for women way possible, and that includes making big hearts they have. They talk about and provide health care for them in- sure no more Federal dollars go to this how compassionate they are for their stead deceive people and use those dol- organization. brothers and sisters and their neigh- lars to end lives—end lives of our fu- Today, we learned about a second borhoods. The bottom line is, when you ture women that could potentially lead video from yet another Planned Par- watch these videos and you see the har- this country—and then turn around enthood senior official who was re- vesting of organs, the pain of little ba- and sell their body parts to put even corded haggling over the price of body bies, I call on my friends across the more dollars in their pocket? parts from murdered children and aisle to show that compassion for the It reminds me of the Edmund Burke bumping up the price while joking she unborn and those voiceless little ones quote that says: ‘‘The only thing that needed a new Lamborghini. It is dis- who need a voice to stand up for them is necessary for the triumph of evil is gusting. and defend them at this very important for good men to do nothing.’’ The first video, leaked on July 14, time. And today, we have seen many good showed Planned Parenthood’s practice There has been a time in our past, men and women come to this House of aborting babies and selling their or- Mr. Speaker, where powerful people de- floor and say that we will not ‘‘do gans. This behavior violates every termined that there was a class that nothing.’’ We have pushed on this issue moral and ethical code that I can think was less than human, and it is a black before, but we are going to push even of. spot on our history. harder. We are going to talk even I was disgusted by the video showing Today, there is a group in this House more. We are going to talk to people a senior official enjoy lunch while dis- that has advocated that there is a class and have uncomfortable conversations cussing how easy it is to kill a child by in this country that is less than about what is going on at Planned Par- crushing their heads in order to har- human. Yes, they may not have a enthood. vest the fetal organs. voice, but that does not make them We are going to fight until we end We must do more to create a culture less than human. And I am so proud of the Federal dollars that flow into their that embraces life. If you are pregnant our team for standing up today to bank accounts. We are going to fight and seeking family planning services make sure that we fight for those peo- until we make sure that our babies and from Planned Parenthood, you are 42 ple because they are not less than our children are protected, whether times more likely to receive an abor- human. They deserve the right to life, they are born or unborn, and that tion than prenatal care or an adoption and they deserve to have a defense. every life is sacred; that we honor referral. Mr. Speaker, I yield back the balance those Biblical principles that this This isn’t about women’s health. It is of my time. country was founded on. about feeding an abortion mill. To me, f Not only is what Planned Parenthood it is unbelievable that taxpayer dollars has been doing disgusting, but it raises CONDEMNING THE ACTIONS OF continue to support this evil organiza- questions about potential illegal be- PLANNED PARENTHOOD tion. Planned Parenthood’s entire busi- havior. Profiting from fetal tissue do- ness model is centered around pro- The SPEAKER pro tempore (Mr. nation is illegal under Federal law, and viding abortions, not giving quality RATCLIFFE). Under the Speaker’s an- so is altering procedures based on fetal medical care to women who need it. nounced policy of January 6, 2015, the tissue donation. According to the Susan B. Anthony Chair recognizes the gentleman from So I have joined many of my col- List, Planned Parenthood Clinic Direc- Arizona (Mr. FRANKS) for 30 minutes. leagues here in the House, and we have tor Abby Johnson has written that she GENERAL LEAVE asked our leadership team for an im- was given an ‘‘abortion quota’’ and was Mr. FRANKS of Arizona. Mr. Speak- mediate investigation into Planned even told by her superiors to double er, I ask unanimous consent that all Parenthood and all of their practices. the number of abortions to bring in Members may have 5 legislative days They need to be punished for what they more revenue. in which to revise and extend their re- have been doing.

VerDate Sep 11 2014 03:20 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.046 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5326 CONGRESSIONAL RECORD — HOUSE July 21, 2015 All lives matter, including the un- If the conscience of this Nation is to b 2045 born. We need to do all we can to pro- survive, it is now vital for the Pain-Ca- Thomas Jefferson, whose words tect the most vulnerable among us. pable Unborn Child Protection Act to marked the beginning of this Nation The world can be a very dangerous become law. The House has already said: place, and it is dangerous because of passed this critically important and The care of human life and its happiness the evil that is going on, but I believe timely legislation. It is now time for and not its destruction is the chief and only it is much more dangerous when you the Senate to do the same. We must object of good government. have people who look on and do abso- not let the continuous and repeated The phrase in the Fifth Amendment lutely nothing to protect those among manifestations of this unspeakable evil capsulizes our entire Constitution, Mr. us. of killing late-term, pain-capable ba- Speaker. It says: The duplicity of this organization bies and selling their body parts go un- No person shall be deprived of life, liberty, needs to stop; and as long as Federal answered. or property without due process of law. dollars flow to this organization, we all Mr. Speaker, supporters of abortion The 14th Amendment says: need to feel responsible and do all that on demand have tried for decades to No State shall deny any person within its we can to end it. deny that unborn babies ever feel jurisdiction the equal protection of the laws. Mr. FRANKS of Arizona. I thank the pain—even those, they say, at the be- Mr. Speaker, protecting the lives of gentlewoman. ginning of the sixth month of preg- all Americans and their constitutional Mr. Speaker, as profoundly tragic as nancy—as if somehow the ability to rights, especially those who cannot it is, no one should have been surprised feel pain magically develops the very protect themselves, is why we are real- by the recent revelations that Planned second the child is born. ly all here. Parenthood is harvesting and selling Mr. Speaker, not long ago, I heard the body parts of little babies. They Mr. Speaker, almost every other civ- ilized nation on this Earth protects Barack Obama speak very noble and have so repeatedly proven themselves poignant words that, whether he real- blind to the dignity of humanity. They pain-capable babies at this stage and at this age, and every credible poll of the izes it or not, apply so profoundly to have always been at the forefront of this subject. Let me quote excerpted the greatest human genocide in human American people shows that they are overwhelmingly in favor of protecting portions of his comments. history, and Planned Parenthood is the He said: ‘‘This is our first task, car- these children. Yet we have given these number one advocate of killing more ing for our children. It is our first job. little babies less legal protection from than 3,000 little unborn American ba- If we don’t get that right, we don’t get unnecessary pain and cruelty than the bies every day. These recent revela- anything right. That is how, as a soci- protection we have given farm animals tions are just one more heartbreaking ety, we will be judged.’’ under the Federal Humane Slaughter reminder that the Nation’s largest President Obama asked: ‘‘Are we Act. It is a tragedy that beggars ex- abortion provider has always had a leg- really prepared to say that we are pow- pression. endary disregard for the sanctity of in- erless in the face of such carnage, that nocent human life. The voices who have long hailed the the politics are too hard? Are we pre- It beggars incredulity that this Con- merciless killing of these little ones as pared to say that such violence, visited gress continues to give hundreds of freedom of choice, especially the ones on our children year after year after millions of dollars of taxpayer money— who profit from it, Mr. Speaker, will be year, is somehow the price of free- against the taxpayers’ wishes, Mr. very shrill and loud. But when we hear dom?’’ Speaker—to a heartless organization those voices, we should all remember The President also said, ‘‘Our jour- like Planned Parenthood that goes to the words of President Abraham Lin- ney is not complete until all our chil- such grotesque lengths to promote the coln, when he said: ‘‘Those who deny dren are cared for and cherished and al- killing of innocent unborn babies freedom to others deserve not for ways safe from harm. That is our gen- through abortion on demand at any themselves; and, under a just God, can eration’s task,’’ he said, ‘‘to make time throughout the 9 months of preg- not long retain it.’’ these words, these rights, these values nancy for any reason or for no reason. Mr. Speaker, for the sake of all of of life, liberty, and the pursuit of hap- This body recently passed the Pain- those who founded and built this Na- piness real for every American.’’ Capable Unborn Child Protection Act tion and dreamed of what America Mr. Speaker, never have I so deeply that would, except in rare cir- could someday be, and for the sake of agreed with any words ever spoken by cumstances, protect both mothers and all those who since then have died in President Barack Obama as those I their little pain-capable unborn babies darkness so Americans can walk in the have just quoted. entering their sixth month, Mr. Speak- light of freedom, it is so very impor- How I wish Mr. Obama and the rest of er, of gestation from the unspeakable tant that those of us who are privileged us could somehow open our hearts and cruelty of Planned Parenthood and evil to be Members of this Congress pause our ears to his incontrovertible words monsters like Kermit Gosnell. from time to time and remind our- and ask ourselves, in the core of our If the Pain-Capable Unborn Child selves of why we are really all here. souls, why these words that should Protection Act had already been law, it apply to all children cannot include the would have saved the lives of thou- Mr. Speaker, do we still hold these most helpless and vulnerable of all sands of late-term, pain-capable babies truths to be self-evident? Mr. Lincoln children. Are there any children more every year, and it would have made it called upon all of us, Mr. Speaker, to vulnerable than little pain-capable ba- much harder for Planned Parenthood remember that magnificent Declara- bies before they are even born? to harvest and sell the organs and body tion of Independence by America’s Mr. Speaker, it seems that, somehow, parts of unborn children since they Founding Fathers and ‘‘their enlight- we are never quite so eloquent as when simply would not have had as many of ened belief that nothing stamped with we decry the crimes of past genera- the more mature organs and body parts the Divine image and likeness was sent tions; but, oh, how we often become so of the older babies to choose from. into the world to be trodden on, and de- staggeringly blind when it comes to Mr. Speaker, there is no question graded, and imbruted by its fellows.’’ facing and rejecting the worst of atroc- whatsoever that Planned Parenthood He reminded those he called pos- ities in our own time. brazenly and repeatedly violated the terity—that is us, Mr. Speaker—that As Americans, in the land of the free law in the selling of these little body when in some distant future some man, and the home of brave, we now live in parts. It is an unspeakable disgrace some factions, some interest, should a day when monsters like Kermit that the Obama Justice Department set up the doctrine that some were not Gosnell snip the spinal cords of born will likely never launch a criminal in- entitled to life, liberty, and the pursuit babies and Planned Parenthood that, vestigation to look into these uncon- of happiness, that ‘‘their posterity’’— for financial gain, uses partial-birth scionable acts, but if this Congress and that is us, Mr. Speaker, ‘‘might look up abortions to deliberately harvest in- the American people now also look the again to the Declaration of Independ- tact body parts of innocent babies other way and ignore this kind of insid- ence and take courage to renew the whom they have deprived of the chance ious evil, we do so at our moral peril. battle which their fathers began.’’ to even be born.

VerDate Sep 11 2014 03:20 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.048 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5327 Mr. Speaker, what we are doing to a term anybody in real life uses, espe- Michigan (Mr. WALBERG), a grand- these little children, the least of these, cially when applied to an unborn father, a father, and a lover of children. our little brothers and sisters, is real. baby’s head? Is this a word that would Mr. WALBERG. I thank the gen- The President knows that, and all of us apply to what ISIS does in beheading tleman for the opportunity tonight to here know that in our hearts. humans around the world? talk to this issue. Medical science, regarding the devel- We don’t use euphemisms like that. I, too, stand in full support of pas- opment of unborn babies, beginning at Why would we apply this to the un- sage of the Pain-Capable Unborn Child the sixth month of pregnancy, now born? These euphemisms disappear Protection Act and ask the Senate to demonstrates irrefutably that they do, when there is a value assigned to the reach down deep into their consciences, in fact, experience pain. Many of them parts that can be harvested from the their hearts, their emotions. cry and scream as they are killed, but unborn. We hear descriptions of the So often, we don’t talk about that on because it is amniotic fluid going over techniques in this harvesting actually the floor of this august body, the House the vocal cords instead of air, we can’t on the video that we have been hearing of Representatives, but that is where it hear them. about and seeing, less crunchy tech- ought to flow because, indeed, we here, It is the greatest human rights atroc- niques. The callousness of a termi- both in the House—the people’s ity in the United States today, and for nology like that, less crunchy tech- House—and the Senate, were sent to us to now stand by and allow it all to niques, in order to preserve more parts represent people, people of a great na- continue unabated while Planned Par- for harvest. tion, people of a blessed nation, a na- enthood sells the body parts of these Are we talking about cheese puffs tion that has honored the worth, the little murdered children is to desecrate here? No; yet that is how callous this purpose, and the value of life itself everything that America was meant to is. We talk about the price of parts in since its inception. be and for those noble Americans who these videos. They have a value in this We were formed of people with great died to make it come to be. market they are talking about. Are we ideals; great value; great courage; and, Abraham Lincoln gave his contem- talking about cuts at a butchers’ con- indeed, formed with their blood given poraries such wise counsel, Mr. Speak- vention in pricing these parts? This is for the rights and freedoms of all indi- er, and it so desperately applies to all what it is like. viduals. For us to concern ourselves of us in this moment. It is unconscionable, Mr. Speaker, with protecting the most innocent He said: how callous, how base these terms are among us, even those that are among Fellow citizens, we cannot escape history. when we are talking about the unborn. us in the womb, I think of my new We of this Congress and this administration We hear about how, for this process to granddaughter in the womb right now, will be remembered in spite of ourselves. No happen, that consent is required. Well, in my daughter’s body, waiting for, in personal significance, or insignificance, can who is being consented on this? The just a month and a half, the oppor- spare one or another of us. The fiery trial unborn donor, do they have a say in tunity to breathe air itself and become through which we pass will light us down, in this? Obviously not. a functioning human being cared for, honor or dishonor, to the last generation. Mr. Speaker, and for all Americans, growing and ultimately becoming all Mr. Speaker, these are, indeed, days this issue is now right out in front of that God intended for her. I would say that will be considered in the annals of everyone in bright, vivid, bold, blood the same for any human being, born or history and, I believe, in the councils red colors for all to see what the atti- unborn, that we must protect. of eternity itself. This bloody shadow tude is, what the modus operandi for Mr. Speaker, I certainly thank the has loomed over America for too long. Planned Parenthood is and has been gentleman from Arizona for his cour- It is time for the Senate to pass the and will continue to be unless this age to push for this, with unwillingness Pain-Capable Unborn Child Protection body does something about it. to bend and bow under those that Act because, in spite of all the political We are right to call for investiga- would say: Oh, get over it; stop defend- noise, protecting little pain-capable tions to get to the bottom if there is ing something that is indefensible. unborn children and their mothers is criminal activity here of what we have I would say thank God for defending not a Republican issue; it is not a Dem- seen and is alleged with these videos. something that is totally defensible. ocrat issue; it is a test of our basic hu- We are right to move forward with Mrs. As was mentioned earlier, we were manity and who we are as a human BLACK’s bill, should these come true. founded on principles, principles that family. Even beyond that, for years, the mil- were firm and correct. The Founders It is time to open our eyes and allow lions of dollars that have been given to and Framers long understood the our consciences to catch up with our this organization, Planned Parenthood, power of truths versus human wisdom, technology. It is time for Members of to do what they do, it is time to defund truths and wisdom that said: the United States Congress to open our them. We hold these truths to be self-evident eyes and our souls and remember that It also is time to move on my col- that all men are created equal and endowed protecting those who cannot protect league from Arizona Mr. FRANKS’ care- by their Creator, by their Creator with cer- themselves is why we are really all fully crafted and obviously correct bill tain unalienable rights, among them the here. on the Pain-Capable Unborn Child Pro- right to life, liberty and the pursuit of happi- It is time for all Americans, Mr. tection Act because what kind of a ness. Speaker, to open our eyes and our country are we, what kind of a society b 2100 hearts to the humanity of these little are we to continue to allow these unborn children of God and the inhu- things to happen and not take action? John Adams said, ‘‘Our Constitution manity of what Planned Parenthood is I call on the Senate to take that bill was made only for a moral and reli- doing to them. up and pass it and put it on the Presi- gious people. It is wholly inadequate to Mr. Speaker, I yield to the gentleman dent’s desk, and he can explain to the the government of any other.’’ from California (Mr. LAMALFA). American public his position on this And, indeed, what we have seen in Mr. LAMALFA. Mr. Speaker, I thank issue. videos in recent days, has evidenced my colleague from Arizona (Mr. As we review, again, the grisly tac- that, when you step out of that moral FRANKS) for yielding me time, but also tics of Planned Parenthood and others principle, you go into things unthink- your longtime steadfast, earnest, and that would do as they do and the recent able and grotesque. passionate leadership on this issue. It criminal prosecution of Kermit It has been said that righteousness is much needed, especially in light of Gosnell—who isn’t that much different exalts a Nation, but sin is a reproach what we have seen this past week. than what we are talking about right to any land. How could we not feel re- We hear the euphemisms, the terms here—if we don’t take action, then we proached in looking at videos of a li- that are used talking about the unborn should be ashamed because, for all of censed doctor who is willing to take humans, the unborn babies. We hear us, the Lord is watching what we do. and sell body parts and to countenance terms like cell masses, cell clumps, I thank my colleague. pain as something that is just part of specimens, calvaria when referring to a Mr. FRANKS of Arizona. Mr. Speak- the process and to be totally unconsid- baby’s head. A calvarium, is this even er, I yield to the gentleman from ered?

VerDate Sep 11 2014 04:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.050 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H5328 CONGRESSIONAL RECORD — HOUSE July 21, 2015 Mr. Speaker, I spent a good deal of greatest Nation in the history of the S. 984. An act to amend title XVIII of the my early adult life in the pulpit, minis- world also stand in the midst of the Social Security Act to provide Medicare ben- tering to people from an authority far greatest human genocide in the history eficiary access to eye tracking accessories greater than this government or even of the world. for speech generating devices and to remove the rental cap for durable medical equipment this Constitution, the greatest docu- Mr. Speaker, I feel like America is fi- under the Medicare Program with respect to ment on the face of this Earth, man- nally beginning to see through some of speech generating devices. made. the facade of the abortion industry and f But the psalmists said, ‘‘Behold, chil- Planned Parenthood’s obfuscation. dren are a gift of the Lord. The fruit of But I have another fear, and that is ADJOURNMENT the womb is a reward.’’ That is true. that sometimes we have seen such hor- Mr. FRANKS of Arizona. Mr. Speak- Certain commentators will denigrate rors lately—the Kermit Gosnell clinic er, I move that the House do now ad- me for bringing up these truths, and so that snipped little babies’ spines, the journ. be it. But they are truths. killing of children that are late-term, The motion was agreed to; accord- Jeremiah, the prophet, speaking of pain-capable—that recognition is be- ingly (at 9 o’clock and 7 minutes p.m.), God, said, ‘‘Before I formed you in the ginning to seep through the conscience under its previous order, the House ad- womb, I knew you. Before you were of America. journed until tomorrow, Wednesday, born, I set you apart.’’ But I paraphrase an old saint quote July 22, 2015, at 10 a.m. for morning- The psalmist David, who became that said vice is an evil which is so hour debate. King David, said, ‘‘For you formed my frightening and mean that to be hated f inward parts; You wove me in my means only to be seen, but seen too mother’s womb.’’ often with its familiar face, first we en- EXECUTIVE COMMUNICATIONS, Does that sound like what that doc- dure and then we pity and then we em- ETC. tor was doing in the womb, weaving, brace. Under clause 2 of rule XIV, executive carefully forming? No. She was de- One of the great weaknesses of man- communications were taken from the stroying. We must fight back against kind is that sometimes, when we see Speaker’s table and referred as follows: that evil. evil often enough, we become desen- 2244. A letter from the Chairman and Chief He want on to say, ‘‘I will give sitized to it. Planned Parenthood and Executive Officer, Farm Credit Administra- thanks to You, for I am fearfully and the abortion industry has shown us so tion, transmitting the Administration’s final wonderfully made. Wonderful are Your much evil in recent decades that I won- rule — Organization and Functions; Field Of- works, and my soul knows it very well. der if we are becoming a little cal- fice Locations (RIN: 3052-AD07) received July 20, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); My frame was not hidden from You loused to it. when I was made in secret and skill- Added by Public Law 104-121, Sec. 251; to the Do you ever wonder, Mr. Speaker, or Committee on Agriculture. fully wrought in the depths of the ask yourself: Are we really killing 2245. A letter from the Chair, Board of Gov- Earth. Your eyes have seen my un- more than 3,000 unborn children every ernors of the Federal Reserve System, trans- formed substance. And in Your book day? Are we really staining the very mitting the Board’s semiannual Monetary were all written the days that were or- foundations of this Nation with the Policy Report to the Congress, pursuant to dained for me when, as yet, there was blood of our own children? Is that real- Pub. L. 106-569; to the Committee on Finan- not one of them.’’ ly happening in America? cial Services. 2246. A letter from the Assistant Director I thank the gentleman from Arizona. Mr. Speaker, I would just suggest I thank him for his courage and stand- for Legislative Affairs, Consumer Financial that it is past the time for great intro- Protection Bureau, transmitting pursuant to ing for life itself and acknowledging spection on the part of this country be- Sec. 1028(a) of the Dodd-Frank Wall Street the fact that the Creator has formed cause we are either the last best hope Reform and Consumer Protection Act, a something of greatness. of the Earth or we will simply be an- study on the use of pre-dispute arbitration And we must not stand in the way, other empire that lost its way. clauses in consumer financial markets; to but do everything possible to reject the I am of the opinion that America, as the Committee on Financial Services. pain, to reject the defeat, to reject the they led the way to stop slavery, will 2247. A letter from the Assistant Director for Legislative Affairs, Consumer Financial conquering of the human spirit begin- someday recognize the humanity of ning right in the womb. Protection Bureau, transmitting pursuant to these little babies and see all of hu- Sec. 1028(a) of the Dodd-Frank Wall Street May God help us in this country to manity then begin to understand that Reform and Consumer Protection Act, a repent, to seek his healing, to do right, protecting them is really part of who study on the use of pre-dispute arbitration and to spare the innocent among us. we all are. clauses in consumer financial markets; to Mr. FRANKS of Arizona. I thank the Mr. Speaker, I yield back the balance the Committee on Financial Services. gentleman from Michigan. of my time. 2248. A letter from the Director, Regula- Mr. Speaker, my time is nearly gone. tions Policy and Management Staff, FDA, And I suppose I take great heart from f Department of Health and Human Services, what I have heard here tonight because LEAVE OF ABSENCE transmitting the Department’s final rule — it seems to mirror history itself. Canned Pacific Salmon; Technical Amend- By unanimous consent, leave of ab- ment [Docket No.: FDA-2015-N-0011] received When people of goodwill finally saw sence was granted to: July 20, 2015, pursuant to 5 U.S.C. the victims in tragedies and recognized Mr. CLAWSON of Florida (at the re- 801(a)(1)(A); Added by Public Law 104-121, them as fellow human beings, their quest of Mr. MCCARTHY) for today on Sec. 251; to the Committee on Energy and hearts and minds began to change. account of a family emergency. Commerce. Mr. Speaker, I feel like the winds of 2249. A letter from the Director, Regula- Mr. BISHOP of Georgia (at the request change are beginning to blow here. I tions Policy and Management Staff, FDA, of Ms. PELOSI) for today. feel like people are starting to ask the Department of Health and Human Services, Mrs. LAWRENCE (at the request of Ms. real questions. transmitting the Department’s final rule — PELOSI) for today on account of official Regulatory Hearing Before the Food and And I know that, when we talk about duties in district. Drug Administration; Technical Amendment abortion, it seems like all of the rules f [Docket No.: FDA-2015-N-0011] received July change. Sometimes you wonder if the 20, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); furniture is going to start floating in SENATE ENROLLED BILLS SIGNED Added by Public Law 104-121, Sec. 251; to the the room when you hear some of the The Speaker announced his signature Committee on Energy and Commerce. arguments. 2250. A letter from the Assistant Division to enrolled bills of the Senate of the Chief, Wireline Competition Bureau, Federal But the real question is: Does abor- following titles: tion take the life of an innocent child? Communications Commission, transmitting If it doesn’t, Mr. Speaker, I am willing S. 971. An act to amend title XVIII of the the Commission’s final rule — Numbering Social Security Act to provide for an in- Policies for Modern Communications; IP-En- to stop talking about it. crease in the limit on the length of an agree- abled Services; Telephone Number Require- But if it really does take the life of a ment under the Medicare independence at ments for IP-Enabled Services Providers; child, then those of us in this Chamber home medical practice demonstration pro- Telephone Number Portability; Developing a standing in the seat of freedom of the gram. Unified Intercarrier Compensation Regime;

VerDate Sep 11 2014 03:20 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.052 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5329 Connect America Fund; Numbering Resource 2261. A letter from the Secretary, Depart- credited allopathic and osteopathic medical Optimization [WC Docket No.: 13-97] [WC ment of Veterans Affairs, transmitting pur- schools, nursing schools, social work schools, Docket No.: 04-36] [WC Docket No.: 07-243] suant to Sec. 202 of Pub. L. 113-146, the Vet- and other programs, including physician as- [CC Docket No.: 95-116] [CC Docket No.: 01-92] erans Access, Choice, and Accountability Act sistant education programs, to promote edu- [WC Docket No.: 10-90] [CC Docket No.: 99- of 2014, an update on the status of the Com- cation and research in palliative care and 200] received July 20, 2015, pursuant to 5 missioner nominations, the current timeline hospice, and to support the development of U.S.C. 801(a)(1)(A); Added by Public Law 104- for convening the Commission on Care, and a faculty careers in academic palliative medi- 121, Sec. 251; to the Committee on Energy copy of the Commission on Care charter; to cine; to the Committee on Energy and Com- and Commerce. the Committee on Veterans’ Affairs. merce. 2251. A letter from the Secretary, Federal f By Mrs. MILLER of Michigan (for her- Trade Commission, transmitting the Com- self and Mr. WALBERG): mission’s final rule — EnergyGuide Labels REPORTS OF COMMITTEES ON H.R. 3120. A bill to amend the Food Secu- on Televisions (RIN: 3084-AB03) received July PUBLIC BILLS AND RESOLUTIONS rity Act of 1985 to require the Secretary of 20, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Agriculture to establish a Great Lakes basin Added by Public Law 104-121, Sec. 251; to the Under clause 2 of rule XIII, reports of initiative for agricultural nonpoint source Committee on Energy and Commerce. committees were delivered to the Clerk pollution prevention; to the Committee on 2252. A letter from the Assistant Secretary, for printing and reference to the proper Agriculture. Legislative Affairs, Department of State, calendar, as follows: By Mr. KIND (for himself, Mr. CRAMER, transmitting the 2014 annual report on Vot- Mr. CONAWAY: Committee on Agri- Mr. PRICE of North Carolina, Mr. ing Practices in the United Nations, pursu- culture. Supplemental report on H.R. 1599. A AMODEI, and Mr. GRAYSON): ant Pub. L. 101-246, Sec. 406, as amended by bill to amend the Federal Food, Drug, and H.R. 3121. A bill to improve Federal land Pub. L. 108-447; to the Committee on Foreign Cosmetic Act with respect to food produced management, resource conservation, envi- Affairs. from, containing, or consisting of a bioengi- ronmental protection, and use of Federal 2253. A letter from the Assistant Secretary, neered organism, the labeling of natural real property, by requiring the Secretary of Legislative Affairs, Department of State, foods, and for other purposes (Rept. 114–208, the Interior to develop a multipurpose cadas- transmitting a certification, pursuant to Pt. 2). tre of Federal real property and identifying Sec. 36(c) of the Arms Export Control Act, Mr. BISHOP of Utah: Committee on Nat- inaccurate, duplicate, and out-of-date Fed- Transmittal No.: DDTC 14-135; to the Com- ural Resources. H.R. 1289. A bill to authorize eral land inventories, and for other purposes; mittee on Foreign Affairs. the Secretary of the Interior to acquire ap- to the Committee on Natural Resources. 2254. A letter from the Assistant Secretary, proximately 44 acres of land in Martinez, By Mr. HURT of Virginia (for himself, Legislative Affairs, Department of State, California, and for other purposes; with an Mr. WALZ, and Mr. ROE of Tennessee): transmitting a certification of proposed amendment (Rept. 114–213). Referred to the H.R. 3122. A bill to amend title 38, United issuance of an export license, pursuant to Committee of the Whole House on the state States Code, to direct the Secretary of Vet- Secs. 36(c) and 36(d) of the Arms Export Con- of the Union. erans Affairs to enter into a contract with a trol Act, Transmittal No.: DDTC 14-133; to Mr. GOODLATTE: Committee on the Judi- non-government entity for the conduct of bi- the Committee on Foreign Affairs. ciary. H.R. 427. A bill to amend chapter 8 of annual audits of Department of Veterans Af- 2255. A letter from the General Counsel, title 5, United States Code, to provide that fairs health care functions, and for other Department of Housing and Urban Develop- major rules of the executive branch shall purposes; to the Committee on Veterans’ Af- ment, transmitting a report pursuant to the have no force or effect unless a joint resolu- fairs. Federal Vacancies Reform Act of 1998, Pub. tion of approval is enacted into law; with an By Mr. COLLINS of Georgia (for him- L. 105-277; to the Committee on Oversight amendment (Rept. 114–214, Pt. 1). Referred to self, Mr. FARENTHOLD, and Mr. CAR- and Government Reform. the Committee of the Whole House on the TER of Georgia): 2256. A letter from the District of Columbia H.R. 3123. A bill to amend the Internal Rev- state of the Union. Auditor, Office of the District of Columbia enue Code of 1986 to prohibit aliens in an un- Mr. CARTER of Texas: Committee on Ap- Auditor, transmitting a report ‘‘The Dis- lawful immigration status from claiming the propriations. H.R. 3128. A bill making appro- trict’s School Modernization Program Has earned income tax credit; to the Committee priations for the Department of Homeland Failed to Comply with D.C. Code and Lacks on Ways and Means. Security for the fiscal year ending Sep- Accountability, Transparency and Basic Fi- By Mr. BLUMENAUER: nancial Management’’, pursuant to D.C. Code tember 30, 2016, and for other purposes (Rept. H.R. 3124. A bill to permit the Section 38-2973.05 and an additional report, 114–215). Referred to the Committee of the expungement of records of certain mari- ‘‘Audits of Public School Construction Pro- Whole House on the state of the Union. juana-related offenses; to the Committee on grams: A Literature Review’’; to the Com- Mr. BYRNE: Committee on Rules. House the Judiciary. mittee on Oversight and Government Re- Resolution 369. Resolution providing for con- By Ms. JACKSON LEE (for herself, Mr. sideration of the bill (H.R. 1599) to amend the form. JOHNSON of Georgia, Mr. COHEN, Mr. Federal Food, Drug, and Cosmetic Act with 2257. A letter from the Associate General HONDA, Ms. KELLY of Illinois, and Mr. respect to food produced from, containing, or Counsel for General Law, Office of the Gen- CUMMINGS): eral Counsel, Department of Homeland Secu- consisting of a bioengineered organism, the H.R. 3125. A bill to require the Director of rity, transmitting a report pursuant to the labeling of natural foods, and for other pur- the Federal Bureau of Investigation to re- Federal Vacancies Reform Act of 1998, Pub. poses, and providing for consideration of the port to the Congress semiannually on the L. 105-277; to the Committee on Oversight bill (H.R. 1734) to amend subtitle D of the number of firearms transfers resulting from and Government Reform. Solid Waste Disposal Act to encourage recov- the failure to complete a background check 2258. A letter from the Rules Adminis- ery and beneficial use of coal combustion re- within 3 business days, and the procedures trator, Office of General Counsel, Federal siduals and establish requirements for the followed after it is discovered that a firearm Bureau of Prisons, transmitting the Bureau’s proper management and disposal of coal transfer has been made to a transferee who is final rule — Commutation of Sentence: combustion residuals that are protective of ineligible to receive a firearm; to the Com- Technical Change [BOP-1154-F] (RIN: 1120- human health and the environment (Rept. mittee on the Judiciary. AB54) received July 20, 2015, pursuant to 5 114–216). Referred to the House Calendar. By Mr. ABRAHAM (for himself, Mr. U.S.C. 801(a)(1)(A); Added by Public Law 104- DISCHARGE OF COMMITTEE BENISHEK, and Mr. JONES): 121, Sec. 251; to the Committee on the Judici- Pursuant to clause 2 of rule XIII, H.R. 3126. A bill to prohibit the Commis- ary. Committees on Rules and the Budget sioner of Social Security from furnishing the 2259. A letter from the Secretary, Depart- discharged from further consideration. name of any individual in a report to the Na- ment of Transportation, transmitting pursu- tional Instant Criminal Background Check ant to 49 U.S.C. 1135(e)(1), the ‘‘2015 Annual H.R. 427 referred to the Committee of System unless a Federal court has deter- Report: The U.S. Department of Transpor- the Whole House on the state of the mined the individual to be mentally defec- tation’s (DOT) Status of Actions Addressing Union. tive; to the Committee on Ways and Means. the Safety Issue Areas on the National f By Mr. ABRAHAM (for himself, Mr. Transportation Safety Board’s (NTSB) Most SCALISE, Mr. FLEMING, Mr. GRAVES of Wanted List’’; to the Committee on Trans- PUBLIC BILLS AND RESOLUTIONS Louisiana, Mr. BOUSTANY, and Mr. portation and Infrastructure. Under clause 2 of rule XII, public RICHMOND): 2260. A letter from the Secretary, Depart- bills and resolutions of the following H.R. 3127. A bill to provide for the convey- ment of Transportation, transmitting the ance of certain National Forest System land Department’s Annual Report for 2014 on Dis- titles were introduced and severally re- within Kisatchie National Forest in the ability-Related Air Travel Complaints, pur- ferred, as follows: State of Louisiana; to the Committee on Ag- suant to Sec. 707 of the Wendell H. Ford By Mr. ENGEL (for himself, Mr. REED, riculture. Aviation Investment and Reform Act for the and Mr. CLEAVER): By Mr. CRAWFORD (for himself, Mr. 21st Century, Pub. L. 106-181; to the Com- H.R. 3119. A bill to amend the Public HENSARLING, Mr. CRAMER, Mr. mittee on Transportation and Infrastruc- Health Service Act to increase the number of POMPEO, Mr. DUNCAN of South Caro- ture. permanent faculty in palliative care at ac- lina, Mr. DESJARLAIS, Mr. MULLIN,

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Mr. ABRAHAM, Mr. HUELSKAMP, Mr. ices, for a period to be subsequently deter- Transportation Security Oversight Board, JONES, Mr. KLINE, and Mr. LATTA): mined by the Speaker, in each case for con- and for other purposes; to the Committee on H.R. 3129. A bill to direct the Adminis- sideration of such provisions as fall within Homeland Security. trator of the Environmental Protection the jurisdiction of the committee concerned. By Mr. PERRY: Agency to change the Spill Prevention, Con- By Mr. BLUM (for himself, Mr. H.R. 3145. A bill to amend the Fair Housing trol, and Countermeasure rule with respect CRAMER, and Mr. BENISHEK): Act to clarify congressional intent that the to certain farms; to the Committee on H.R. 3136. A bill to require the Secretary of prohibitions of that Act do not extend to Transportation and Infrastructure. Agriculture to issue guidelines relating to conduct that results in a disparate impact on By Mrs. DINGELL (for herself and Mr. civil fines imposed for violations of the Ani- a protected class unless the person engaging DOLD): mal Welfare Act, and for other purposes; to in that conduct intends that impact; to the H.R. 3130. A bill to protect victims of the Committee on Agriculture. Committee on the Judiciary. stalking from gun violence; to the Com- By Mr. COLE (for himself, Ms. MCCOL- By Mr. PERRY: mittee on the Judiciary. LUM, Ms. WASSERMAN SCHULTZ, Mr. By Mr. FITZPATRICK: SESSIONS, Mr. BYRNE, Mr. BEN RAY H.R. 3146. A bill to safeguard military and H.R. 3131. A bill to require the Bureau of LUJA´ N of New Mexico, Mr. CA´ RDENAS, civilian personnel on military bases by re- Consumer Financial Protection, when Mr. GALLEGO, Mr. MURPHY of Florida, pealing bans on military personnel carrying issuing a research paper, to include all stud- Ms. MICHELLE LUJAN GRISHAM of New firearms, and for other purposes; to the Com- ies, data, and other analyses on which the Mexico, Mr. GRIJALVA, Ms. MOORE, mittee on Armed Services, and in addition to paper was based; to the Committee on Finan- Mr. RUIZ, Mr. TAKAI, Mr. BENISHEK, the Committee on the Judiciary, for a period cial Services. Mr. MULLIN, Mr. KILMER, and Mr. to be subsequently determined by the Speak- ´ By Ms. VELAZQUEZ (for herself, Mr. SIMPSON): er, in each case for consideration of such pro- SERRANO, Ms. JUDY CHU of California, H.R. 3137. A bill to reaffirm the trust sta- visions as fall within the jurisdiction of the Ms. HAHN, Mrs. LAWRENCE, Ms. tus of land taken into trust by the United committee concerned. CLARKE of New York, Mr. MOULTON, States pursuant to the Act of June 18, 1934, By Mr. PETERS: Mr. TAKAI, Ms. MENG, Ms. ADAMS, for the benefit of an Indian tribe that was H.R. 3147. A bill to amend the House of and Mr. PAYNE): federally recognized on the date that the Representatives Administrative Reform H.R. 3132. A bill to increase the amount of land was taken into trust, and for other pur- funding available for fiscal year 2015 for cer- Technical Corrections Act to require that poses; to the Committee on Natural Re- certain types of services be provided at no tain general business loans authorized under sources. the Small Business Act; to the Committee on cost to constituents, and for other purposes; By Mr. JODY B. HICE of Georgia: to the Committee on House Administration. Small Business. H.R. 3138. A bill to recognize the right of By Mr. SHIMKUS (for himself, Mr. By Mr. BENISHEK: members of the Armed Forces assigned to WALDEN, Mr. LONG, Mrs. ELLMERS of H.R. 3133. A bill relating to certain Indian duty at Armed Forces recruitment offices to North Carolina, Mr. SCHRADER, Mr. land-related takings claims of the Grand carry a personal or service-issue firearm at RUPPERSBERGER, and Mr. TONKO): Traverse Band of Ottawa and Chippewa Indi- the office; to the Committee on Armed Serv- ans of Michigan and its individual members; ices. H.R. 3148. A bill to exempt application of to the Committee on Natural Resources. By Mr. HUNTER (for himself, Mr. JSA attribution rule in case of existing By Mrs. BLACK (for herself, Mr. SMITH PERRY, Mr. YODER, Mr. KNIGHT, Mr. agreements; to the Committee on Energy of New Jersey, Mr. KELLY of Pennsyl- JOYCE, Mr. ROUZER, Ms. JENKINS of and Commerce. vania, Mr. MESSER, Mr. FRANKS of Kansas, Mr. CRAMER, Mr. ZINKE, Mr. By Mr. PERLMUTTER (for himself, Arizona, Mr. GRAVES of Missouri, Mr. VALADAO, Mr. HILL, Mrs. MILLER of Ms. MOORE, Mr. LANGEVIN, Mr. FLEISCHMANN, Mr. DUNCAN of South Michigan, Mr. SANFORD, Mrs. COSTA, Mr. POCAN, Ms. BORDALLO, Mr. Carolina, Mrs. WAGNER, Mr. OLSON, WALORSKI, Mr. SHIMKUS, Mr. JONES, MCDERMOTT, and Ms. MCCOLLUM): Mr. BRIDENSTINE, Mr. HENSARLING, Mr. HUELSKAMP, Mr. WESTERMAN, Mr. H.J. Res. 60. A joint resolution expressing Mr. ROSKAM, Mr. DESJARLAIS, Mr. AUSTIN SCOTT of Georgia, Mr. HUD- support for designation of a ‘‘National Lao- HARRIS, Mr. JONES, Mr. MCKINLEY, SON, Mr. HECK of Nevada, and Mr. Hmong Recognition Day’’; to the Committee Mr. BISHOP of Utah, Mr. ROTHFUS, KINZINGER of Illinois): on Oversight and Government Reform. Mr. WILLIAMS, Mr. ROE of Tennessee, H.R. 3139. A bill to improve security at Mr. MOONEY of West Virginia, Mr. Armed Forces recruitment centers; to the HILL, Mr. MOOLENAAR, Mr. MILLER of Committee on Armed Services. f Florida, Mr. SESSIONS, Mr. LAB- By Mr. LIPINSKI: RADOR, Mr. BOUSTANY, Mr. CRAMER, H.R. 3140. A bill to require Federal oil and MEMORIALS Mr. SCHWEIKERT, Mr. BROOKS of Ala- gas leases to report and pay royalties on oil bama, Ms. JENKINS of Kansas, Mr. and gas production based on the actual vol- Under clause 3 of rule XII, memorials ABRAHAM, Mr. SMITH of Missouri, Mr. ume of oil and gas withdrawn under a lease, were presented and referred as follows: PITTS, Mr. PALAZZO, Mr. WENSTRUP, and for other purposes; to the Committee on Mrs. WALORSKI, Mr. RENACCI, Mr. Natural Resources. 97. The SPEAKER presented a memorial of MICA, Mr. ADERHOLT, Mr. CHABOT, By Mrs. CAROLYN B. MALONEY of the Senate of the State of California, rel- Mrs. LUMMIS, Mr. AUSTIN SCOTT of New York (for herself, Ms. ADAMS, ative to Senate Joint Resolution No. 7, urg- Georgia, Mr. WITTMAN, Mr. CONAWAY, Ms. BONAMICI, Ms. SPEIER, Ms. LEE, ing the Congress and the President of the Mr. BABIN, Mr. HUIZENGA of Michi- Mrs. DAVIS of California, and Mr. United States to renew funding for the gan, Mr. CARTER of Georgia, Mrs. MURPHY of Florida): Health Resources and Services Administra- BLACKBURN, Mr. CRAWFORD, Mr. H.R. 3141. A bill to support the provision of tion’s Teaching Health Center and Primary GIBBS, Mrs. HARTZLER, Mr. WEST- safe relationship behavior education and Care Residency Expansion Graduate Medical MORELAND, Mr. KLINE, Mr. BENISHEK, training; to the Committee on Education and Education Programs, and to lift the freeze on Mr. BRAT, Mr. GUTHRIE, Mr. MEAD- the Workforce. residency positions funded by Medicare to OWS, Mr. BLUM, Mr. BUCSHON, Mr. By Ms. MATSUI (for herself, Mr. POE of expand physician supply and improve access FLEMING, Mr. SMITH of Nebraska, Mr. Texas, and Mr. HIMES): to health care; to the Committee on Energy LIPINSKI, Mr. JORDAN, Mr. KELLY of H.R. 3142. A bill to improve passenger ves- and Commerce. sel security and safety, and for other pur- Mississippi, Mr. RATCLIFFE, Mr. 98. Also, a memorial of the Senate of the poses; to the Committee on Transportation GOODLATTE, Mr. YOHO, Mr. ROGERS of State of California, relative to Senate Joint and Infrastructure. Alabama, Mr. YODER, Mr. LONG, Mr. Resolution No. 1, requesting the President By Mr. MCNERNEY (for himself and FARENTHOLD, Mr. LAMBORN, Mr. SAM and the Congress of the United States to pass Mr. KINZINGER of Illinois): JOHNSON of Texas, Mr. BOST, Mr. legislation repealing the Government Pen- H.R. 3143. A bill to provide for a smart HARPER, Mr. JOHNSON of Ohio, Mrs. sion Offset and the Windfall Elimination water resource management pilot program; ROBY, Mr. DUFFY, and Mr. FLORES): Provision from the Social Security Act; to H.R. 3134. A bill to provide for a morato- to the Committee on Science, Space, and the Committee on Ways and Means. rium on Federal funding to Planned Parent- Technology, and in addition to the Com- hood Federation of America, Inc; to the mittee on Energy and Commerce, for a pe- 99. Also, a memorial of the Senate of the Committee on Energy and Commerce. riod to be subsequently determined by the State of California, relative to Senate Joint By Mrs. BLACK (for herself and Mr. Speaker, in each case for consideration of Resolution No. 5, urging Congress and the YARMUTH): such provisions as fall within the jurisdic- President of the United States to expand the H.R. 3135. A bill to amend section 413 of the tion of the committee concerned. Humanitarian Resettlement Program to Energy Independence and Security Act of By Mr. PAYNE: allow disabled veteran officers of the South 2007 with respect to energy efficiency stand- H.R. 3144. A bill to require consultation Vietnamese Army currently living in the So- ards for manufactured housing; to the Com- with the Aviation Security Advisory Com- cialist Republic of Vietnam to enter the mittee on Energy and Commerce, and in ad- mittee regarding modifications to the pro- United States; jointly to the Committees on dition to the Committee on Financial Serv- hibited item list, require a report on the Foreign Affairs and the Judiciary.

VerDate Sep 11 2014 03:42 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\L21JY7.100 H21JYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE July 21, 2015 CONGRESSIONAL RECORD — HOUSE H5331 CONSTITUTIONAL AUTHORITY By Mr. CRAWFORD: gress shall have the power ‘‘To provide and STATEMENT H.R. 3129. maintain a Navy.’’ Congress has the power to enact this legis- The Second Amendment to the United Pursuant to clause 7 of rule XII of lation pursuant to the following: States Constitution which states that ‘‘A the Rules of the House of Representa- Congress has the power to enact this legis- well regulated Militia, being necessary to tives, the following statements are sub- lation pursuant to the enumerated powers the security of a free State, the right of the mitted regarding the specific powers listed in Article I, Section 8, which include people to keep and bear Arms, shall not be granted to Congress in the Constitu- the power to ‘‘regulate commerce . . . among infringed.’’ tion to enact the accompanying bill or the several States . . .’’ By Mr. HUNTER: By Mrs. DINGELL: joint resolution. H.R. 3139. H.R. 3130. Congress has the power to enact this legis- By Mr. ENGEL: Congress has the power to enact this legis- lation pursuant to the following: H.R. 3119. lation pursuant to the following: Article I, Section 8: To make all Laws Congress has the power to enact this legis- Article I, Section 8, Clause 3 of the U.S. which shall be necessary and proper for car- lation pursuant to the following: Constitution. rying into Execution the foregoing Powers, Article 1, Section 1 of the Constitution. By Mr. FITZPATRICK: and all other Powers vested by this Constitu- H.R. 3131. By Mrs. MILLER of Michigan: tion in the Government of the United Sates, Congress has the power to enact this legis- H.R. 3120. or in any Department or Officer thereof. Congress has the power to enact this legis- lation pursuant to the following: By Mr. LIPINSKI: lation pursuant to the following: Article I, Section 8, Clause 18 Hit. 3140. Article I, section 8 of the U.S. Constitu- By Ms. VELA´ ZQUEZ: Congress has the power to enact this legis- tion. H.R. 3132. lation pursuant to the following: By Mr. KIND: Congress has the power to enact this legis- clause 3 of section of article I of the Con- H.R. 3121. lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 8, Clause 3 stitution lation pursuant to the following: The Congress shall have Power *** To regu- By Mrs. CAROLYN B. MALONEY of Article I Section 8. late Commerce with foreign Nations, and New York: By Mr. HURT of Virginia: among the several States, and with the In- H.R. 3141. H.R. 3122. dian Tribes. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. BENISHEK: lation pursuant to the following: lation pursuant to the following: H.R. 3133. Article I, Section 8 of the United States Article I, Section 8, Clause 3; Article 1, Congress has the power to enact this legis- Constitution Section 8, Clause 18 lation pursuant to the following: By Ms. MATSUI: By Mr. COLLINS of Georgia: This bill is enacted pursuant to Article I, H.R. 3142. H.R. 3123. Section 8 which allows Congress to regulate Congress has the power to enact this legis- Congress has the power to enact this legis- trade amongst the Indian Tribes. This bill is lation pursuant to the following: lation pursuant to the following: enacted pursuant to treaties lawfully en- Congress has the power to enact this legis- Article I, Section 8, Clause 1 and Clause 3 tered into and ratified pursuant to the power lation pursuant to the following: Article 1, of the United States Constitution granted to Congress under Article II, Section Section 8, Clause 3 By Mr. BLUMENAUER: 2, Clause 2. This bill is enacted pursuant to By Mr. MCNERNEY: H.R. 3124. Article III Section 2 which grants Congress H.R. 3143. Congress has the power to enact this legis- power to regulate jurisdiction in courts infe- Congress has the power to enact this legis- lation pursuant to the following: rior to the United States Supreme Court. lation pursuant to the following: Article 1, Section 8 of the United States By Mrs. BLACK: Article I, section 8 of the Constitution of Constitution H.R. 3134. the United States grants Congress the au- By Ms. JACKSON LEE: Congress has the power to enact this legis- thority to enact this bill. H.R. 3125. lation pursuant to the following: By Mr. PAYNE: Congress has the power to enact this legis- This bill is enacted pursuant to the power H.R. 3144. lation pursuant to the following: granted to Congress under Article I, Section Congress has the power to enact this legis- This bill is enacted pursuant to the power 8, Clause 1 and Article I, Section 9, Clause 7 lation pursuant to the following: granted to Congress under Article I, Section of the United States Constitution. Article 1 Section 8 Clause 14 states Con- 8, Clauses 3 and 18 of the United States Con- By Mrs. BLACK: gress shall have the power to make Rules for stitution. H.R. 3135. the Government and Regulation of the land Congress has the power to enact this legis- By Mr. ABRAHAM: and naval Forces. lation pursuant to the following: H.R. 3126. By Mr. PERRY: Article I, Section 8, Clause 3: Congress has the power to enact this legis- H.R. 3145. The Congress shall have Power . . . To reg- lation pursuant to the following: Congress has the power to enact this legis- ulate Commerce with foreign Nations, and Article 1, Section 8, Clause 1 of the U.S. lation pursuant to the following: among the several States, and with the In- Constitution Article 1, Section 8 of the United States dian Tribes; By Mr. ABRAHAM: Constitution By Mr. BLUM: H.R. 3127. By Mr. PERRY: H.R. 3136. H.R. 3146. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: Article I clause 8, section 18 of the Con- Article I, Section 8, Clause 3 lation pursuant to the following: stitution of the United States. By Mr. COLE: The Second Amendment: A well regulated By Mr. CARTER of Texas: H.R. 3137. Militia, being necessary to the security of a H.R. 3128. Congress has the power to enact this legis- free State, the right of the people to keep Congress has the power to enact this legis- lation pursuant to the following: and bear Arms, shall not be infringed. lation pursuant to the following: This bill is enacted pursuant to Article I, By Mr. PETERS: The principal constitutional authority for Section 8 which grants Congress the power H.R. 3147. this legislation is clause 7 of section 9 of ar- to regulate Commerce with the Indian Congress has the power to enact this legis- ticle I of the Constitution of the United Tribes. lation pursuant to the following: States (the appropriation power), which This bill is enacted pursuant to Article II, Article 1, Section 8 states: ‘‘No Money shall be drawn from the Section 2, Clause 2 in order the enforce trea- By Mr. SHIMKUS: Treasury, but in Consequence of Appropria- ties made between the United States and H.R. 3148. tions made by Law . . . .’’ In addition, clause several Indian Tribes. Congress has the power to enact this legis- 1 of section 8 of article I of the Constitution By Mr. JODY B. HICE of Georgia: lation pursuant to the following: (the spending power) provides: ‘‘The Con- H.R. 3138. Article I, Section 8, Clause 3: To regulate gress shall have the Power . . . to pay the Congress has the power to enact this legis- Commerce with foreign Nations, and among Debts and provide for the common Defence lation pursuant to the following: the several States, and with the Indian and general Welfare of the United States . . Article I, Section 8, Clause 12 of the United Tribes. . .’’ Together, these specific constitutional States Constitution which states that Con- By Mr. PERLMUTTER: provisions establish the congressional power gress shall have the power ‘‘To raise and sup- H.J. Res. 60. of the purse, granting Congress the author- port Armies, but no Appropriation of Money Congress has the power to enact this legis- ity to appropriate funds, to determine their to that Use shall be for a longer Term than lation pursuant to the following: purpose, amount, and period of availability, two Years.’’ To make all Lawes which shall be nec- and to set forth terms and conditions gov- Article I, Section 8, Clause 13 of the United essary and proper ffor carrying into Execu- erning their use. States Constitution which states that Con- tion the foregoing Powers, and all other

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Powers vested by this Consitution in the H.R. 1174: Mr. ABRAHAM, Mr. RICHMOND, Mr. H.R. 2063: Mr. JOHNSON of Georgia. Government of the United States, or in any CARTER of Texas, Ms. SLAUGHTER, and Mr. H.R. 2072: Mr. HUFFMAN. Deparment or Officer thereof. ROKITA. H.R. 2076: Mr. POCAN and Mr. TAKAI. H.R. 1178: Mrs. WATSON COLEMAN and Mr. H.R. 2079: Mr. CARTWRIGHT. f TAKAI. H.R. 2124: Mr. HUFFMAN, Mr. VEASEY, Ms. ADDITIONAL SPONSORS H.R. 1202: Mr. GRIJALVA. TSONGAS, Mr. JEFFRIES, Mr. O’ROURKE, Mr. H.R. 1222: Mr. GUTIE´ RREZ. AL GREEN of Texas, Mr. LOBIONDO, Mr. WEB- Under clause 7 of rule XII, sponsors H.R. 1247: Mr. REED and Mrs. RADEWAGEN. STER of Florida, Mr. PASCRELL, Mr. NOR- were added to public bills and resolu- H.R. 1258: Mr. MICHAEL F. DOYLE of Penn- CROSS, and Mr. DONOVAN. tions, as follows: sylvania. H.R. 2156: Mr. BARLETTA. H.R. 63: Mr. RUSH, Ms. NORTON, and Mr. H.R. 1301: Ms. SLAUGHTER and Mr. MCGOV- H.R. 2167: Mr. TAKAI. UFFMAN HONDA. ERN. H.R. 2168: Mr. H . H.R. 2191: Mr. HIMES. H.R. 86: Mr. GRIFFITH. H.R. 1338: Mrs. WALORSKI. RIJALVA ONNOLLY H.R. 2209: Mr. VEASEY. H.R. 94: Ms. NORTON. H.R. 1342: Mr. G , Mr. C , ALORSKI H.R. 2255: Mr. LUETKEMEYER. H.R. 114: Mr. ISRAEL and Mr. GROTHMAN. and Mrs. W . H.R. 1356: Mrs. LOWEY, Mr. AUSTIN SCOTT of H.R. 2259: Mr. ADERHOLT. H.R. 167: Ms. MCSALLY and Mr. SERRANO. Georgia, and Mr. WELCH. H.R. 2293: Mr. TED LIEU of California, Mr. H.R. 169: Mr. HASTINGS, Mrs. WALORSKI, Mr. H.R. 1377: Mr. POLIQUIN and Mr. CART- COSTELLO of Pennsylvania, Mr. WALBERG, HECK of Nevada, and Ms. DELBENE. WRIGHT. and Mr. JONES. H.R. 213: Mr. HINOJOSA. H.R. 1384: Mr. GIBSON, Mr. YOUNG of Alas- H.R. 2296: Mr. WELCH. H.R. 217: Mr. STEWART, Mr. MEADOWS, Mr. ka, Ms. FRANKEL of Florida, Mr. MICA, Mr. H.R. 2303: Mr. SHERMAN. STUTZMAN, Mr. CARTER of Georgia, and Mr. BARR, and Mr. BRIDENSTINE. H.R. 2315: Mr. RICE of South Carolina, Mr. RICE of South Carolina. H.R. 1401: Mr. ROSS, Mr. RIGELL, and Mr. O’ROURKE, Mr. ROE of Tennessee, and Mr. H.R. 238: Mr. TED LIEU of California, Ms. SCHWEIKERT. GUTHRIE. NORTON, and Mr. HECK of Washington. H.R. 1413: Mr. ROTHFUS. H.R. 2330: Ms. JACKSON LEE. H.R. 276: Mr. FLORES. H.R. 1424: Mr. BROOKS of Alabama. H.R. 2334: Mr. SESSIONS. H.R. 291: Mr. AGUILAR. H.R. 1427: Mr. HIGGINS, Mr. GUINTA, Mr. H.R. 2369: Mr. ALLEN, Mr. AUSTIN SCOTT of H.R. 333: Mr. COLE, Mr. NORCROSS, Mr. LAR- VAN HOLLEN, Mr. SMITH of Texas, and Mr. Georgia, and Mr. THOMPSON of Pennsylvania. SEN of Washington, and Mr. SCHIFF. AMODEI. H.R. 2400: Mr. NEUGEBAUER and Mr. YOHO. H.R. 346: Mr. TED LIEU of California. H.R. 1434: Ms. ROYBAL-ALLARD and Mr. AL H.R. 2403: Mr. BROOKS of Alabama. H.R. 353: Mr. MCKINLEY. GREEN of Texas. H.R. 2410: Ms. JUDY CHU of California. H.R. 427: Mr. NEWHOUSE. H.R. 1439: Mr. POCAN. H.R. 2464: Mrs. ELLMERS of North Carolina H.R. 430: Mrs. BEATTY. H.R. 1453: Ms. JENKINS of Kansas. and Mr. COFFMAN. H.R. 436: Mr. GROTHMAN. H.R. 1462: Mrs. NAPOLITANO. H.R. 2466: Mr. WEBSTER of Florida. H.R. 463: Mr. KELLY of Mississippi. H.R. 1468: Mr. MCGOVERN. H.R. 2494: Mr. FITZPATRICK, Mr. DONOVAN, H.R. 494: Mr. HARRIS. H.R. 1475: Mrs. LOWEY, Mr. GENE GREEN of Ms. ESTY, Mr. SALMON, and Mr. CICILLINE. H.R. 506: Mr. CROWLEY. Texas, Mr. ROTHFUS, and Ms. GABBARD. H.R. 2500: Mr. POLIS and Mr. RODNEY DAVIS H.R. 540: Mr. HENSARLING. H.R. 1478: Mr. BARR. of Illinois. H.R. 546: Mr. HIGGINS and Ms. JUDY CHU of H.R. 1500: Mr. ROTHFUS. H.R. 2515: Mr. LANCE, Mr. YOUNG of Iowa, California. H.R. 1516: Mr. LONG, Mr. CURBELO of Flor- Mr. PRICE of North Carolina, Mr. HASTINGS, H.R. 556: Mr. CARTWRIGHT, Mr. ZINKE, and ida, and Mr. ISRAEL. Ms. FRANKEL of Florida, and Mr. CART- Mrs. MILLER of Michigan. H.R. 1559: Mr. REED, Mr. CHABOT, Mr. YOHO, WRIGHT. H.R. 611: Mr. MOONEY of West Virginia. and Mr. BOUSTANY. H.R. 2521: Mr. TAKANO and Mr. CUMMINGS. H.R. 612: Mr. BILIRAKIS and Mr. SMITH of H.R. 1566: Mr. JOHNSON of Georgia. H.R. 2522: Mrs. LOWEY. Texas. H.R. 1567: Ms. FUDGE, Mr. ASHFORD, and H.R. 2558: Mr. KILMER. H.R. 653: Mr. YOHO and Mr. RIBBLE. Ms. PLASKETT. H.R. 2568: Mr. AUSTIN SCOTT of Georgia. H.R. 662: Mr. SHIMKUS. H.R. 1571: Mr. PETERS, Mr. WELCH, and Mr. H.R. 2573: Mr. MACARTHUR. H.R. 700: Mr. BLUMENAUER. BISHOP of Georgia. H.R. 2588: Mr. YOHO. H.R. 702: Mr. GOHMERT, Mr. BUCK, Mr. H.R. 1594: Mr. YOUNG of Alaska, Mr. NOR- H.R. 2595: Mr. BLUMENAUER. CHAFFETZ, and Mrs. WALORSKI. CROSS, and Mr. ROTHFUS. H.R. 2602: Ms. CLARKE of New York. ARSON H.R. 721: Mr. L of Connecticut, Mr. H.R. 1602: Mrs. LAWRENCE. H.R. 2613: Mr. GUTIE´ RREZ. NORCROSS, and Mr. SIMPSON. H.R. 1610: Mr. O’ROURKE and Mr. HARPER. H.R. 2622: Ms. BROWNLEY of California. H.R. 746: Mr. SARBANES. H.R. 1613: Mrs. WALORSKI. H.R. 2643: Mr. TIPTON and Mr. MCHENRY. H.R. 748: Ms. BORDALLO. H.R. 1624: Mr. POLIQUIN, Mr. HARDY, Mr. H.R. 2646: Mr. DESANTIS, Mr. JOHNSON of H.R. 757: Mr. HECK of Nevada and Mr. MAC- CARTER of Texas, Mr. HOLDING, and Mr. MUR- Ohio, Mrs. BEATTY, Ms. LOFGREN, Mr. ARTHUR. PHY of Pennsylvania. FRANKS of Arizona, Ms. JUDY CHU of Cali- H.R. 775: Ms. MENG, Mr. MARINO, and Mr. H.R. 1635: Mr. BLUM. fornia, and Mrs. LAWRENCE. TIPTON. H.R. 1671: Mr. CRAMER. H.R. 2660: Ms. BONAMICI. H.R. 803: Mr. SHIMKUS. H.R. 1677: Mr. FORTENBERRY. H.R. 2662: Mr. WALZ. H.R. 835: Ms. PINGREE. H.R. 1688: Ms. SCHAKOWSKY. H.R. 2663: Mr. YOUNG of Alaska, Mrs. H.R. 842: Mr. NEAL, Mrs. LAWRENCE, and H.R. 1720: Mr. ASHFORD. MCMORRIS RODGERS, and Mr. STEWART. Mr. BABIN. H.R. 1728: Ms. BONAMICI, Mr. FITZPATRICK, H.R. 2680: Ms. MATSUI. H.R. 865: Mr. FARENTHOLD. Mr. VAN HOLLEN, and Mr. WELCH. H.R. 2689: Mr. LOWENTHAL. H.R. 868: Mr. MACARTHUR. H.R. 1737: Mr. QUIGLEY, Mr. TROTT, Mr. TED H.R. 2694: Ms. FUDGE. H.R. 879: Mr. RUSSELL, Mr. KATKO, Mr. LIEU of California, and Mr. HURT of Virginia. H.R. 2698: Mr. KATKO, Mr. JONES, Mr. ZELDIN, Mrs. ELLMERS of North Carolina, Mr. H.R. 1752: Mr. SMITH of Missouri. FARENTHOLD, Mr. NEUGEBAUER, and Mr. WILSON of South Carolina, and Mr. BENISHEK. H.R. 1763: Ms. TSONGAS. BRIDENSTINE. H.R. 885: Ms. MOORE. H.R. 1769: Mrs. DINGELL. H.R. 2713: Mr. LEWIS, Mr. BLUMENAUER, Mr. H.R. 918: Mr. GROTHMAN. H.R. 1779: Ms. LOFGREN. TAKAI, Ms. SLAUGHTER, Mr. COURTNEY, and H.R. 969: Mr. CONYERS, Ms. GRAHAM, Ms. H.R. 1797: Mr. AL GREEN of Texas. Mr. KEATING. JACKSON LEE, Mr. STEWART, Ms. HAHN, Mr. H.R. 1814: Mr. TAKANO. H.R. 2716: Mr. HUIZENGA of Michigan. CROWLEY, and Mr. POE of Texas. H.R. 1836: Mr. RICE of South Carolina. H.R. 2721: Ms. JUDY CHU of California. H.R. 981: Mr. CARTER of Georgia. H.R. 1854: Mrs. BEATTY and Mr. BRENDAN F. H.R. 2726: Mr. ROSS. H.R. 990: Ms. ESTY. BOYLE of Pennsylvania. H.R. 2734: Mr. LAMALFA. H.R. 994: Mr. RANGEL and Mr. CA´ RDENAS. H.R. 1856: Ms. JUDY CHU of California. H.R. 2742: Mr. BISHOP of Michigan. H.R. 997: Mr. BURGESS. H.R. 1859: Mr. THOMPSON of Pennsylvania. H.R. 2744: Mr. JOLLY, Ms. BORDALLO, Mr. H.R. 1076: Mrs. CAROLYN B. MALONEY of H.R. 1861: Mrs. WALORSKI. TAKAI, and Mr. HUFFMAN. New York. H.R. 1904: Mr. NORCROSS. H.R. 2769: Mr. ROSS. H.R. 1086: Mr. ISSA. H.R. 1905: Mr. NORCROSS. H.R. 2775: Mr. GRIJALVA. H.R. 1100: Ms. VELA´ ZQUEZ, Mr. YOUNG of H.R. 1947: Mr. HIMES. H.R. 2799: Mrs. ELLMERS of North Carolina Alaska, Mr. NORCROSS, Mr. WELCH, and Ms. H.R. 1953: Mr. YOHO. and Mr. WELCH. JENKINS of Kansas. H.R. 1974: Mr. SCHIFF. H.R. 2800: Mrs. BROOKS of Indiana. H.R. 1130: Mr. COSTELLO of Pennsylvania, H.R. 1994: Mr. PALAZZO, Mr. FRELING- H.R. 2802: Mr. WOODALL, Mr. BENISHEK, Mr. Mr. BUTTERFIELD, and Mr. NOLAN. HUYSEN, Mr. FLORES, Ms. GRANGER, and Mr. ROSS, and Mr. THORNBERRY. H.R. 1141: Mrs. BROOKS of Indiana. POE of Texas. H.R. 2811: Mr. GRAYSON, Ms. SLAUGHTER, H.R. 1151: Mr. YODER, Mrs. ELLMERS of H.R. 2050: Mr. KATKO, Ms. EDDIE BERNICE Mr. CUMMINGS, Mr. CONYERS, Mr. North Carolina, and Mr. ROGERS of Alabama. JOHNSON of Texas, and Ms. MENG. LOWENTHAL, Ms. NORTON, and Mrs. NAPOLI- H.R. 1171: Mr. ISRAEL and Mr. KIND. H.R. 2061: Mr. NEUGEBAUER and Mr. WELCH. TANO.

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H.R. 2820: Mr. NOLAN, Mr. NEWHOUSE, Mr. H.R. 3006: Mr. WALBERG, Mr. LAMALFA, and H. Res. 56: Mrs. RADEWAGEN. ROSS, and Mr. LANCE. Mr. SANFORD. H. Res. 210: Mr. MCDERMOTT. H.R. 2847: Mr. CLAY, Mr. CRENSHAW, Mr. H.R. 3009: Mrs. MILLER of Michigan, Mrs. H. Res. 289: Mr. RANGEL. REICHERT, Ms. LEE, and Mr. EMMER of Min- ELLMERS of North Carolina, Mr. RICE of H. Res. 294: Mr. REED. nesota. South Carolina, Mr. WESTERMAN, Mr. H. Res. 318: Mr. GROTHMAN. H.R. 2849: Mr. PRICE of North Carolina and GUINTA, Mr. SCHWEIKERT, and Mr. ABRAHAM. H. Res. 322: Ms. FUDGE. Mr. CONNOLLY. H.R. 3013: Mr. HENSARLING. H. Res. 329: Mr. GRIJALVA. H.R. 2850: Mr. ZELDIN. H.R. 3024: Mr. BRADY of Texas. H. Res. 354: Mr. GRAYSON, Mr. BILIRAKIS, H.R. 2858: Mr. JONES and Mr. ENGEL. H.R. 3029: Mr. JONES, Mr. BRENDAN F. and Mr. SIRES. H.R. 2868: Mr. HENSARLING. BOYLE of Pennsylvania, Mr. CARTWRIGHT, and H. Res. 361: Mr. CRAMER. H.R. 2871: Mr. RANGEL. Mr. LYNCH. H. Res. 365: Mr. GRIJALVA, Ms. JACKSON H.R. 2903: Mr. HANNA, Mr. COFFMAN, Mr. H.R. 3034: Mrs. LAWRENCE. LEE, Mrs. WATSON COLEMAN, and Ms. SEWELL AMBORN, Mr. ASHFORD, Mr. QUIGLEY, and L H.R. 3035: Mr. HIMES. of Alabama. Mr. SEAN PATRICK MALONEY of New York. H.R. 3036: Mr. MCCAUL, Mr. PALLONE, and H. Res. 367: Mr. CRAWFORD. H.R. 2904: Mrs. WALORSKI. Mr. ENGEL. H.R. 2905: Mr. HUIZENGA of Michigan. H.R. 3037: Mr. CUMMINGS and Mr. BARR. f H.R. 2911: Mr. LARSON of Connecticut and H.R. 3048: Mr. HILL, Mr. MARCHANT, Mr. Mr. TIBERI. COLE, and Mr. BARR. H.R. 2915: Mr. CONYERS and Ms. FRANKEL of H.R. 3051: Mr. VAN HOLLEN, Mr. GRIJALVA, CONGRESSIONAL EARMARKS, LIM- Florida. Ms. JACKSON LEE, Ms. NORTON, Mrs. WATSON ITED TAX BENEFITS, OR LIM- H.R. 2916: Mr. SARBANES and Mr. RANGEL. COLEMAN, Mr. LARSON of Connecticut, Mr. ITED TARIFF BENEFITS H.R. 2920: Mr. SEAN PATRICK MALONEY of MEEKS, Ms. EDWARDS, Mr. LANGEVIN, and Ms. New York. Under clause 9 of rule XXI, lists or SLAUGHTER. H.R. 2922: Mr. LUETKEMEYER. H.R. 3052: Mr. FLEISCHMANN, Mr. BROOKS of statements on congressional earmarks, H.R. 2923: Mr. FORBES. limited tax benefits, or limited tariff H.R. 2937: Mr. YOHO and Mrs. WALORSKI. Alabama, and Mr. HENSARLING. H.R. 2942: Mr. BRIDENSTINE and Mr. WEST- H.R. 3063: Ms. MCCOLLUM. benefits were submitted as follows: MORELAND. H.R. 3069: Mr. JEFFRIES, Mr. DOGGETT, Mr. The amendment to be offered by Rep- H.R. 2944: Mr. CURBELO of Florida and Mrs. TAKANO, Ms. FUDGE, Ms. EDDIE BERNICE resentative SHIMKUS, or a designee, to H.R. WATSON COLEMAN. JOHNSON of Texas, and Mr. VELA. 1734, the Improving Coal Combustion Residu- H.R. 2964: Mr. ALLEN, Mr. JENKINS of West H.R. 3095: Ms. JENKINS of Kansas and Mr. als Regulation Act of 2015, does not contain Virginia, Mr. PITTENGER, Mr. SAM JOHNSON HARPER. any congressional earmarks, limited tax of Texas, and Mr. HANNA. H.R. 3112: Mr. ROE of Tennessee. benefits, or limited tariff benefits as defined H.R. 2972: Ms. LOFGREN, Mr. SMITH of H.R. 3115: Mr. CARTER of Georgia, Mrs. MIL- in clause 9 of rule XXI. Washington, and Mr. PERLMUTTER. LER of Michigan, Mr. ABRAHAM, Mr. GUINTA, H.R. 2973: Mr. SESSIONS. Mr. MILLER of Florida, Mr. ROGERS of Ala- f H.R. 2978: Mr. BRENDAN F. BOYLE of Penn- bama, and Mr. AUSTIN SCOTT of Georgia. sylvania and Ms. ADAMS. H.R. 3118: Mr. GOWDY and Mr. BRAT. H.R. 2989: Mr. MCGOVERN and Ms. MAXINE H.J. Res. 51: Mr. BUTTERFIELD. DELETIONS OF SPONSORS FROM WATERS of California. H.J. Res. 59: Mr. GOHMERT, Mrs. WAGNER, PUBLIC BILLS AND RESOLUTIONS H.R. 2998: Ms. DUCKWORTH. Mr. ABRAHAM, and Mr. HENSARLING. Under clause 7 of rule XII, sponsors H.R. 2999: Ms. MCCOLLUM and Mr. HONDA. H. Con. Res. 19: Mr. ELLISON and Mr. LEVIN. were deleted from public bills and reso- H.R. 3002: Mr. NEUGEBAUER, Mr. MICA, Mr. H. Con. Res. 30: Mrs. NOEM. SANFORD, Mr. SESSIONS, Mr. CRAMER, Mr. H. Con. Res. 60: Mr. TED LIEU of California. lutions, as follows: SCHWEIKERT, and Mr. FLEMING. H. Res. 12: Mr. DENHAM. H.R. 3107: Mrs. ROBY.

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Vol. 161 WASHINGTON, TUESDAY, JULY 21, 2015 No. 114 Senate The Senate met at 10 a.m. and was something dishonest and really dis- me wonder: Where were all these same called to order by the President pro tasteful. In speaking about the senior Republicans when Mr. Trump slandered tempore (Mr. HATCH). Senator from Arizona, he mocked Sen- millions? It was only a month ago that f ator JOHN MCCAIN, mocked his service Trump said: in the Vietnam conflict. He went so far When Mexico sends its people, they’re not PRAYER as to say JOHN MCCAIN was not a war sending their best. They’re sending people The Chaplain, Dr. Barry C. Black, of- hero. that have lots of problems, and they’re fered the following prayer: JOHN MCCAIN and I came to the bringing those problems with us. They’re Let us pray. House of Representatives the very bringing drugs. They’re bringing crime. Lord of the harvest, we continue to same day, both new Members of the They’re rapists. seek You, for we desire to do Your will. House. He was representing a district That is his quote. You, O God, are our light and salva- in Arizona and I my district in Nevada. When Trump insulted the Senator tion, so we refuse to be afraid. We are neighbors. We served together from Arizona, a Member of his own As our lawmakers strive to walk in the House. We came here to the Sen- party, Republicans could not denounce uprightly, provide them with a harvest ate at the same time. He is one notch him fast enough, but when Trump of truth, justice, and integrity. May ahead of me in seniority in this body called immigrants ‘‘rapists,’’ there was they cultivate such ethical congruence because the State of Arizona has more nothing but silence—nothing but si- that their rhetoric will be undergirded people than Nevada. That is how se- lence. There is an ugly truth behind by right actions. Lord, keep them niority is determined, among other that silence, and it is this: When it aware of Your continuous presence, as ways. comes to immigration policy—and, they find fullness of joy in doing Your JOHN MCCAIN was a naval pilot and frankly, most other policy—there is no will. Show them the path to life, as comes from a family who served our meaningful difference between the Re- Your truth brings them to a safe har- country admirably in the military for publican Party and Donald Trump. bor. decades—his grandfather and his fa- Consider the facts on just this one We pray in Your merciful Name. ther. On one of his first missions to issue. Trump rejects a pathway to citi- Amen. Vietnam, JOHN MCCAIN was shot down zenship for the undocumented. Instead, he favors a system of merit that cre- f and badly injured—broken back and arms. He was very badly hurt. He was ates a road to legal status. He has PLEDGE OF ALLEGIANCE placed in a Vietnamese concentration never ever said two sentences defining The President pro tempore led the camp, where he spent almost 6 years. that. Pledge of Allegiance, as follows: About half of that time was in solitary We have heard before the same kind I pledge allegiance to the Flag of the confinement, and many days and weeks of talk from Republicans, those run- United States of America, and to the Repub- of that were spent being punished, tor- ning for President—I think we have 16 lic for which it stands, one nation under God, tured, and rebreaking parts of his body of them now. indivisible, with liberty and justice for all. that had been broken. rejects the pathway to citi- f JOHN MCCAIN, to me, is a hero. He is zenship. He claims to support a path- a person who has represented this way to legal status but ‘‘not nec- RECOGNITION OF THE MINORITY country admirably in the Congress. He essarily citizenship.’’ LEADER was a Republican nominee for Presi- Scott Walker rejects a pathway to The PRESIDING OFFICER (Mr. dent. America knows JOHN MCCAIN. I citizenship. He said, ‘‘If somebody SASSE). The minority leader is recog- personally have some disagreements on wants to be a citizen, they need to go nized. policy on an occasion or two with JOHN back to their country of origin.’’ Mr. REID. Mr. President, the Repub- MCCAIN, but we have never disagreed The junior Senator from Texas also lican leader will be here shortly. I have about our relationship. My relationship rejects a pathway to citizenship. He gotten word he is not going to be here with Senator MCCAIN is one where I said, ‘‘I think that it is likely that right now, so I am going to proceed. have great admiration for him, for his there could be some bipartisan solution f strength of character, and for his to those who are here illegally if a path moral courage in Vietnam. to citizenship were taken off the IMMIGRATION In the aftermath of these remarks table.’’ Mr. REID. This past weekend, Repub- about JOHN MCCAIN, Republicans have Governor Chris Christie rejects a lican Presidential hopeful Donald been falling all over themselves to pathway to citizenship, too. He said it Trump did what he did best: He said criticize Donald Trump. But it makes is ‘‘an extreme way to go.’’

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

S5179

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VerDate Sep 11 2014 23:49 Jul 21, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.000 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5180 CONGRESSIONAL RECORD — SENATE July 21, 2015 Trump wants to terminate President days of the review period having more than 40 hours a week, their em- Obama’s Executive actions on immi- elapsed, not including time spent in ad- ployers had to compensate them fairly gration, tearing apart millions of fami- journment pursuant to S. Con. Res. 19. with time-and-a-half pay. But those lies and deporting about 800,000 Mr. REID. Mr. President, what are we protections have eroded over the past DREAMers. We have heard that before, doing the rest of the day? several years. In today’s economy, too. f many Americans feel as though they Jeb Bush also wants to repeal Presi- are working more and more for less and dent Obama’s Executive actions. On RESERVATION OF LEADER TIME less pay, and in many cases, they are. FOX News, on the ‘‘Hannity’’ show, he The PRESIDING OFFICER. Under A salaried worker can be asked to work said he would ‘‘repeal Obama’s execu- the previous order, the leadership time 50 or 60 or 70 hours a week and never tive amnesty.’’ That is a quote. is reserved. see a dime of overtime pay. One of the The junior Senator from Texas also main reasons is because overtime rules f wants to terminate the President’s Ex- are severely out of date. ecutive actions. Here is what he said: MORNING BUSINESS Right now, if a worker earns just a ‘‘If I am elected president, the very The PRESIDING OFFICER. Under little more than $23,000 a year, he or first thing I intend to do on the first the previous order, the Senate will be she does not qualify for time-and-a-half day is rescind every single unconstitu- in a period of morning business, with pay. That salary threshold is much too tional or illegal executive action from Senators permitted to speak therein low today. In fact, the current salary President Obama.’’ for up to 10 minutes each until 12:30 level is less than the poverty threshold Governor Chris Christie is actively p.m., with the time equally divided in for a family of four. Workers should opposing the President’s Executive ac- the usual form. not have to earn poverty wages to get tions. In fact, his State joined a law- Mr. REID. I suggest the absence of a guaranteed overtime protection. That suit challenging President Obama’s ac- quorum, and I ask unanimous consent salary threshold has only been updated tions. that the time be divided equally. once since 1975. The junior Senator from Florida also Back in the mid-1970s, 62 percent of The PRESIDING OFFICER. Without rejects President Obama’s Executive the American workforce was covered objection, it is so ordered. actions that keep families together. by overtime rules. Today, just 8 per- The clerk will call the roll. Senator RUBIO’s spokesperson told one cent of our salaried workers have over- The senior assistant legislative clerk news outlet that ‘‘immigration execu- time protection, and big corporations proceeded to call the roll. tive orders won’t be permanent policy have used these outdated overtime Mrs. MURRAY. Mr. President, I ask under [a Rubio] administration.’’ rules to their advantage. They force unanimous consent that the order for These are the facts. When it comes to their employees to work overtime the quorum call be rescinded. immigration policy—and, as I men- without paying them fair time-and-a- The PRESIDING OFFICER. Without tioned, sadly, most other policy half pay. That, of course, is good for a objection, it is so ordered. issues—there is no daylight between big corporation’s profit margin. But as Donald Trump and the rest of the Re- f the Union-Bulletin in Walla Walla, WA, publican field. OVERTIME PAY editorialized a few weeks back, these While the rest of the Republican workers are ‘‘working, paying taxes, Presidential hopefuls may not engage Mrs. MURRAY. Mr. President, I be- raising families, and often suffering in the same repugnant rhetoric, make lieve that real, long-term economic due to the long hours.’’ no mistake—they are all on the same growth is built from the middle out, But unlike so many of the challenges page as Donald Trump. not from the top down. Our govern- we face here, there is a solution to this, If I ask each Republican running for ment, our economy, and our work- and it doesn’t require congressional ac- President ‘‘Name one difference be- places should work for all of our fami- tion. Last week, the Department of tween your immigration policy and lies, not just the wealthiest few. But Labor proposed to raise the salary Trump’s immigration policy,’’ given across the country today, millions of threshold from about $23,000, which is recent history, there will be a deaf- workers are working harder than ever what it is today, to just over $50,000 a ening silence. without basic overtime protection. year. That will restore overtime pro- When Trump insulted MCCAIN, Re- That is why I am so proud to come to tections for millions of Americans. publicans couldn’t denounce him fast the floor today to express my strong This, by the way, is especially impor- enough, but when Mr. Trump called support for the Obama administra- tant for parents. Think about what this millions of hard-working immigrants tion’s new proposal to restore overtime would mean for a working mom who rapists and murderers, there was noth- protections for millions of workers and right now works overtime without get- ing but silence. Maybe this is because families. Not only is this the right ting paid for it. By restoring this basic none of the Republicans running for thing to do, but it is good for our econ- worker protection, she can finally President can name a single way in omy. work a 40-hour workweek and spend which they disagree with Trump’s poli- I wish to share a story of a man more time with her kids. Or, if her em- cies on immigration. named Paul who lives in Massachu- ployer asks her to work more than 40 In the meantime, Democrats will setts. As reported in the Boston Globe, hours a week, she would have more continue to fight to pass comprehen- Paul worked very hard at a discount money in her pocket to boost her fam- sive immigration reform, just as we did retail store to provide for his family. ily’s economic security. That is so im- more than 2 years ago. We will con- Each week he was working 72 hours, on portant for strengthening our middle tinue to fight Republican piecemeal average. On one particular stretch, he class today. legislation that criminalizes immi- worked for 40 days in a row without a Now, I do want to keep working to grant communities—whole commu- single day off, but his employer didn’t improve the proposed rule. I believe nities—and we will continue to fight pay him one extra dime for the work he the Department of Labor should also for families who are constantly being did beyond 40 hours a week. update what is known as the duties scapegoated by today’s Republican That is fundamentally unfair. And test. For workers who make more than Party. Paul, believe me, is not alone. There the salary threshold but still do what f are so many workers like him in States is called blue collar work, the duties across the country, and these workers test is designed to ensure that they get MEASURE DISCHARGED AND feel as though they have been left be- overtime protections. But today that PLACED ON THE CALENDAR—S.J. hind in this economic recovery. They duties test is out of date. RES. 19 need government policies on overtime Under the current law, big corpora- The PRESIDING OFFICER. Pursuant protections to catch up. tions can exploit the duties test to to 42 U.S.C. 2159(i) and section 601(b)(4) In 1938, Congress recognized the need avoid paying their workers time-and-a- of Public Law 94–329, S.J. Res. 19 is dis- to set a standard for the 40-hour work- half, and I believe that needs to charged and placed on the calendar, 45 week. By law, when workers put in change. When workers put in more

VerDate Sep 11 2014 23:49 Jul 21, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.001 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5181 than 40 hours a week on the job, they The PRESIDING OFFICER. The Passing a long-term transportation should be paid fairly for it. That is just clerk will read the bill by title for the reauthorization bill has been my top the bottom line. second time. priority since I resumed the office of I have heard from some of my Repub- The senior assistant legislative clerk the chairmanship of the Environment lican colleagues that they do not want read as follows: and Public Works Committee. It is to update overtime rules. But if the Re- A bill (H.R. 3038) to provide an extension of probably the second most important publicans want to take away this basic Federal-aid highway, highway safety, motor thing we do, second only to the Defense worker protection—basic worker pro- carrier safety, transit, and other programs authorization bill. tection—they are going to have to an- funded out of the Highway Trust Fund, and In the first hearing we had in Janu- swer to millions of hard-working Amer- for other purposes. ary, we had Secretary Foxx, the Sec- icans who are putting in overtime Mr. MCCONNELL. Mr. President, in retary of Transportation, who is an without receiving a dime in extra pay. order to place the bill on the calendar outstanding Secretary. He is just as They can try, but I know I and many under the provisions of rule XIV, I ob- concerned about this as we are. Sen- others are going to be right here fight- ject to further proceedings. ator BOXER and I brought in Secretary ing back for the workers and families The PRESIDING OFFICER. Objec- Foxx as well as local government lead- we represent. tion having been heard, the bill will be ers to share the importance of ongoing Boosting wages and expanding eco- placed on the calendar. Federal and State partnerships in nomic stability and security is good for f maintaining the modern surface infra- families, and it is good for our econ- structure system. Since that time, my omy. And, by the way, that is exactly SCHEDULE committee has put forward a bipar- what we should be focused on here in Mr. MCCONNELL. Mr. President, let tisan bill called the DRIVE Act. It is Congress—to help grow our economy me indicate to all Members that dis- significant, and it is not partisan. from the middle out, not just the top cussions continue on a way forward on There is no such thing as a Democratic down. a multiyear highway bill, and we will bridge or a Republican bridge or a This isn’t the only action we need to have more to say about that later in Democratic road or a Republican road. take to raise wages and expand eco- the day. Historically, Republicans have been nomic stability for our families today. recognized as leading in this area, from In the coming weeks and months, I am f way back in the days when President going to be working closely with Sen- HONORING THE SERVICEMEMBERS Lincoln spearheaded the Trans- ate Democrats to continue our efforts WHO WERE KILLED IN THE continental Railroad; Teddy Roosevelt to raise the minimum wage, to expand CHATTANOOGA TRAGEDY and the Panama Canal; and, of course, access to paid sick leave and fair and the Interstate Highway System, cre- Mr. MCCONNELL. Mr. President, at predictable work schedules, and to en- ated by President Eisenhower. dawn, with Congress returning to ses- President Eisenhower recognized sure women get equal pay for equal sion, we lowered the flag at the U.S. work. that weakened defense and interstate Capitol to half-staff in honor of the commerce made our Nation vulnerable But restoring overtime protections is servicemembers who were killed in a critical part of our work to make to the world. In 1952, when he proposed Chattanooga. What we saw there was a the Interstate Highway System, he sure more families get much needed tragedy for our country. It was a ter- economic stability. Enacting these commented that this was every bit as rible blow to everyone who loved these much about defending America as it policies would be strong steps in the brave Americans. We will never forget right direction to bring back the Amer- was about the economy and being able their sacrifice, and we will continue to to transport commerce around the ican dream of economic security and a keep their families and their memories stable middle-class life for millions of States. In laying out the full interstate in our thoughts today. system, he envisioned it to be the phys- families. I suggest the absence of a quorum. For workers such as Paul, who just ical backbone of the economy, fueling The PRESIDING OFFICER. The the growth of our GDP, our cities, and want fair pay for a fair day’s work, for clerk will call the roll. the parents who have sacrificed family the competitiveness of our exports. The senior assistant legislative clerk This vision and certainty maximized time for overtime and not seen a dime proceeded to call the roll. in extra pay, and for families who are the economic and mobility benefits of Mr. INHOFE. Mr. President, I ask the system. Businesses and individuals looking for some much needed eco- unanimous consent that the order for nomic security, I urge all of my col- knew that they could locate some- the quorum call be rescinded. where on the future interstate system leagues to support restoring overtime The PRESIDING OFFICER (Mr. protections. and be connected to not just the rest of ROUNDS). Without objection, it is so or- the country but the rest of the world. Thank you, Mr. President. dered. I yield the floor. This legacy system, which was built I suggest the absence of a quorum. f over 50 years ago, had a design life of 50 years, and it has actually been over 60 The PRESIDING OFFICER. The DRIVE ACT clerk will call the roll. years—close to 70 years since it was The senior assistant legislative clerk Mr. INHOFE. Mr. President, we are built. We are beyond our warranty pe- proceeded to call the roll. going to be moving to the highway bill. riod, and we are in serious danger of Mr. MCCONNELL. Mr. President, I In fact, we are going to have the mo- eroding half a century of investments ask unanimous consent that the order tion to proceed today at 2:15 p.m., and without proper maintenance, mod- for the quorum call be rescinded. I think it is important that people re- ernization, and reconstruction. We are The PRESIDING OFFICER. Without alize the significance of this. on borrowed time with a system that is objection, it is so ordered. We do a lot of work around here that in full need of restoration. Our na- is not really critical. There are some f tional interstate system currently has issues that are. If you would like to a maintenance backlog of $185 billion RECOGNITION OF THE MAJORITY read the Constitution sometime when on about 47,000 miles of interstate, and LEADER you have nothing else to do, it will tell that is just to bring it back to the de- The PRESIDING OFFICER. The ma- you that what we are supposed to be sign it was in 1956. jority leader is recognized. doing are two things: defending Amer- Maintaining Eisenhower’s vision of f ica and roads and bridges. That is what economic opportunity and strength in it says in Article I, Section 8 of the defense requires a continued partner- MEASURE PLACED ON THE Constitution. So anytime you are sit- ship between the Federal Government CALENDAR—H.R. 3038 ting around with nothing to do, you and the States, which is the hallmark Mr. MCCONNELL. Mr. President, I ought to read it, and you will realize of the DRIVE Act. Yet, due to 33 short- understand there is a bill at the desk that what we are going to do at 2:15 term patches since 2005—I have to say that is due for a second reading. today is very significant. this because this is significant. We

VerDate Sep 11 2014 23:49 Jul 21, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.003 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5182 CONGRESSIONAL RECORD — SENATE July 21, 2015 should be operating on a transpor- deliver projects and promotes the safe Bridge in Kentucky. There is also the tation reauthorization system all the and efficient transportation of goods. $2.6 billion Mobile River Bridge in Ala- time. The last one we did was in 2005. I It targets funds for major projects in bama. This is a projection of what it was the author of it, in fact. That was the community, such as shown right will look like. This is as it is today. a 5-year bill. Since that time, we have here. This is a picture of the Brent This would be impossible without gone through some 30 different short- Spence Bridge I have in the Chamber. something like a 6-year bill. In DC, the term extensions. A short-term exten- This goes from Kentucky to Ohio and Memorial Bridge is literally crumbling sion doesn’t do any good. A transpor- actually takes transportation also to into the Potomac. People do not under- tation reauthorization bill is needed in Indiana. This is a very old bridge. You stand what happens to these bridges. order to accomplish all the reforms can see it is going to have to be re- You can see—in our case in Oklahoma, that are necessary and to have time to placed. we had a bridge over I–35. In the year handle the major, large problems we These are the huge things you cannot 2005, as a part of that bill, that legisla- have to deal with. do with short-term extensions. You are tion, we were able to repair it. In 2004, Passing a long-term bill is crucial to going to have to have a major bill, such right before that took place, one of the many aspects of day-to-day life in as the one we are having right now. chunks came off—just like you are see- America. More than 250 million vehi- Lastly, the DRIVE Act provides ing here on the bridge—and actually cles and 18 billion tons—valued at $17 greater efficiency in the project deliv- killed a young lady who was driving trillion—in goods traverse across the ery process, reforms that put DOT in under it with her three children. That country every year. Yet every day the driver’s seat during the NEPA is how serious this is. This is the Ar- 20,000 miles of our highways slow below process by requiring agencies to bring lington Memorial Bridge. It was built the posted speed limits or experience all the issues to the table, keeping in 1932. Something has to be done with stop-and-go conditions. The National them under a deadline, and eliminating that. We will be able to do projects like Highway System is only 5.5 percent of duplication. this. the Nation’s total roads, but it carries One of the problems we have with the More than just a small part of the 55 percent of all vehicle traffic and 97 environmental requirements is they economic success enjoyed by the percent of the truck-borne freight. We end up delaying projects. So this bill United States over the past 50 years are talking about 97 percent of the gives exceptions. Let me say that I was has been the Interstate System. Today, freight on only 5 percent of the high- very proud of Senator BOXER. Senator we literally sit at the crossroads of its ways. BOXER is a very proud liberal. I am a future. The solution is urgent. This is Congress just passed a 2-month ex- very proud conservative. One of the few why Senator BOXER and I are bringing tension. Now we have a responsibility things we agree on is the highway bill. the DRIVE Act to the Senate floor as a to pass a long-term bill. It does require some changes that solution. It will ensure that States The highway trust fund currently allow them to go ahead and keep work- have the tools and the certainty to needs $15 billion a year to maintain the ing in spite of some of the NEPA re- make the necessary new investments current spending. When we started out quirements or the environmental re- to rebuild Eisenhower’s vision, to fight with the highway trust fund, that was quirements. This gives bridge projects growing congestion, to maintain the a percentage every year. When some- special consideration, with new exemp- mobility of goods and services nec- one would drive up and pay a tax when tions from section 4(f), the historic essary to keep the economy going. By buying gas, that was supposed to be for property reviews for concrete and steel passing the DRIVE Act, Congress will taking care of the highways—and it bridges—a new exemption from the Mi- be able to take pave the way for the did. gratory Bird Treaty Act for bridges in next 50 years of American excellence in I can remember when I was serving in serious condition. infrastructure. the House. The biggest problem we had Now, this sounds kind of off the wall, I have to say this. The importance of at that time was we had too much but one of the problems is the swal- this is that the only alternative is to money in the highway trust fund. We lows. The swallows go in there and have short-term extensions. I am talk- had more than we needed. I remember they block—they nest in there. So we ing about 1- and 2-month extensions, of when President Clinton came in. He are supposed to be repairing bridges. which you cannot organize your labor. wanted to rob the highway trust fund The swallow is not an endangered spe- The cost of that—and by the way, I say for all of his programs. He got by with cies. It is not listed, but the Migratory this to my conservative friends—they it for a while. That is not the problem Bird Treaty Act does give them protec- will be friends, and I can say this, since anymore. The problem now is there is tion, and this waives that in the case of I have been ranked as the most con- not enough money. bridge construction. It also enforces servative Member of this body many The situation has changed. People greater transparency for Federal funds times—that the conservative position are not using as much fuel. So we have to show the taxpayers where the is not to oppose this massive highway fallen short by $15 billion a year of hav- money is being spent. bill that we are going to have but to ing the amount of money necessary to This is just a brief overview of the oppose the short-term extensions. It continue today’s spending level. That bill. As the DRIVE Act progresses on costs about 30 percent more for a short- is $15 billion a year. This is a 6-year the floor, I intend to address the sig- term extension than it does for a high- bill. That means about $90 billion is nificance of each program in more de- way reauthorization bill. That is why needed in excess of the amount of tail. The most important point I must this is so important. money, revenue, that is derived from address about the DRIVE Act is that Later on, I am going to go over many the highway trust fund. our bill sets funding levels for the next of the other bridges and structures The DRIVE Act—that is what we call 6 years. around that are going to have to be ad- this—will put America back on the There is, at the very least, what the dressed. In the meantime, this is some- map as the best place to do business. Federal Government should provide, so thing we are supposed to do. I kind of The DRIVE Act has several key compo- States, local officials, and the con- will end up where we started off; that nents that position America’s trans- struction industry can gear up for the is, there is an old document that no- portation system to support our grow- large $500 million to $2 billion major body reads anymore called the Con- ing economy. It prioritizes funding for highway projects and bridge projects so stitution. You go back and read that, core transportation formula programs we can get them off the ground. They you will find out what we in this body to provide States and local govern- have to get ready for it. That is what are supposed to be doing. It is defend- ments with a strong Federal partner. It this bill does. Thousands of projects ing America and it is providing bridges prioritizes the Interstate Highway Sys- across the Nation are currently in jeop- and roads. tem, that national highway system, ardy, and construction will come to a So as we progress on this, there will and the bridges at risk for funding halt unless legislation becomes a re- not be time to go into any more detail shortfalls. ality. now because we have Members wanting It creates a new multibillion-dollar- Future projects like—let’s go back. to come down and use both the Repub- per-year freight program to help States You saw already the Brent Spence lican and Democratic time between

VerDate Sep 11 2014 23:49 Jul 21, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.005 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5183 now and the noon hour, but at 2:15 we ously, as you know, I opposed—strong- We should not stand for this Wash- are going to have a motion we will be ly opposed—and continue to oppose the ington exemption from ObamaCare. We voting on to move to the consideration ObamaCare bill and the law, but that should not stand for this complete, of this bill. It doesn’t say you have to amendment was made a part of it. complete double standard. We should be for it or against it or you want to Well, after it was passed into law, it insist that we live by that clear lan- change it. was sort of one of those cases of which guage of the ObamaCare statute so If you want to have amendments, you NANCY PELOSI said that we have to pass that every Member of Congress gets his have to get to the bill before you can the law to figure out what is in it. or her health care on the so-called have amendments. So a motion-to-pro- After the fact, lots of folks on Capitol ObamaCare exchange, just as millions ceed vote will take place at 2:15. Now, Hill in Washington started reading the of other Americans do—no exemption, I want to tell all of the Members who law more carefully, read that provi- no special subsidy, and no special are out there that if you have amend- sion, and said: Oh, you know what. How treatment in any way, shape or form. ments—we are going to try to knock are we going to deal with this? Surely, I have been fighting since that OPM this thing out in 2 weeks. We are going surely we aren’t going to be subjected rule to make sure we do exactly that. to be down here talking about it for 2 to the ObamaCare exchanges the same There will be a floor amendment this weeks. But if you have amendments, if as millions upon millions of other week to pursue that end, and I urge my you want a chance to offer your Americans—even though that is ex- colleagues to do the right thing, to amendments, you can offer them, but actly what the statute said. support that important floor amend- bring them down, file your amend- Well, at that point a very determined ment. It is important to do that for ments. If you do not do that, we will lobbying campaign got under way—a two reasons—one, focused on principle pass a deadline and you will not be able lobbying campaign of many Members and one focused on real practicality. to do that. So I encourage our Members on Capitol Hill—of the President. And First, as to the principle, I think it is to do that. I look forward to the next 2 the campaign was simple. People a basic fundamental principle of Amer- weeks of discussing and passing the rushed to the administration, rushed to ican democracy—it certainly should second most significant bill we will President Obama and said: Oh, you be—that what Washington passes on consider this year. need to change this. We can’t live with the rest of the country it lives with I yield the floor. the statute and the significant section itself. That should be a fundamental I suggest the absence of a quorum. of the statute that says all Members of principle of American democracy. The PRESIDING OFFICER. The Congress need to go to the exchange for So my legislation, the No Exemption clerk will call the roll. their health insurance, just as millions for Washington from Obamacare Act, The legislative clerk proceeded to of other Americans do. the floor amendment which embodies call the roll. Sure enough, after months of that exactly that legislation, would say Mr. VITTER. Mr. President, I ask very determined and, sadly, bipartisan that every Member of Congress, the unanimous consent that the order for lobbying campaign, President Obama President, the Vice President, and the quorum call be rescinded. issued one of his countless Executive their political appointees get their The PRESIDING OFFICER. Without orders and edicts to essentially change, health care from the ObamaCare ex- objection, it is so ordered. with the stroke of his pen, contrary to changes just like millions of other Americans—no special exemption, no statute, a significant part of the f special subsidy, no special treatment, ObamaCare statute. WASHINGTON EXEMPTION FROM He has done that dozens—if not hun- no special insider deal. The second reason we should support OBAMACARE dreds—of times, and this is one signifi- that is a lot more practical, and that is Mr. VITTER. Mr. President, I come cant example of that. He changed what that when you make the cook eat his to the floor today to again bring up a the statute said and took a lot of the own cooking, it often improves dra- very important issue. It is important sting out of that provision of the law matically. When you force the chef to because it impacts a major part of our for Members of Congress. have every meal out of his own kitch- lives, a major law that Congress passed Through an OPM rule, he said two en, the product often improves dra- several years ago. It is important be- things. First, Members of Congress, cause it goes to a fundamental prin- matically. when you go to the exchange, which is So that is what I want to do in a sim- ciple—what should be a fundamental mandated, don’t worry; you are going ple, straightforward way, abiding by principle of American democracy—that to have a big taxpayer-funded subsidy the clear language of the ObamaCare what Washington passes for the rest of follow you to the exchange—unavail- statute itself. All of official Wash- the country it should live with itself. I able to every other American at our in- ington—every Member of Congress, the am talking about the Washington ex- come level and completely unique to President, the Vice President, and all emption from ObamaCare and my ef- Members of Congress. No other Amer- of their political appointees—should fort, with others, to end that double ican going to the ObamaCare ex- have to go to the exchanges for their standard. changes enjoys this. But out of thin health care, just like millions of other As the Presiding Officer remembers, air, we are going to give you a big, tax- Americans who have to as their fall- during the ObamaCare debate several payer-funded subsidy that is nowhere back option. And we should do it in the years ago, this issue came up. It came in the statute. same way—no special exemption, no up in the context of a floor amend- Then the second significant thing special subsidy, no special treatment, ment. It was an important floor President Obama did through that and no special insider deal. amendment, one of the very few that OPM rule was to say this: Members of It is important we say this, and it is conservatives in the Senate passed on Congress, this doesn’t have to apply to important we do it. We have an oppor- the Senate floor. your staff even though it says it does. tunity do it on the floor as we debate That amendment to the ObamaCare You can designate whomever you want the bill before us. bill said that all Members of Congress on your staff as ‘‘nonofficial’’ and they I urge my colleagues to support this and our staff would get our health care don’t have to go to the ObamaCare ex- important floor amendment and to through the so-called ObamaCare ex- change at all. lend support to the free-standing bill change, just as millions of other Amer- Well, virtually all of my Republican that I have introduced. icans would under this plan—no special colleagues regularly come to the floor As I travel to Louisiana, I have reg- rules, no special treatment, no special and rightly complain about President ular townhall meetings, and I have reg- exemption or special subsidy. That was Obama changing statutory law with ular telephone townhalls when I am important to say that Congress would the stroke of his pen, acting beyond his stuck here in Washington and voting. live under whatever law passed for the authority. This is a crystal-clear exam- Probably, the biggest single complaint rest of America, and that amendment ple of that. If we complain about it in I hear that really and rightly gets was passed on the Senate floor. It be- other context, I think we should speak under the skin of my fellow Louisiana came part of the broader bill, and it up and complain about it even when it citizens goes to the heart of this dis- was eventually passed into law. Obvi- benefits us. So that is what I am doing. cussion.

VerDate Sep 11 2014 23:49 Jul 21, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.007 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5184 CONGRESSIONAL RECORD — SENATE July 21, 2015 Why the heck does everybody in The PRESIDING OFFICER. The programs to deliver appropriate capa- Washington think they are above us? clerk will call the roll. bilities to the joint warfighter at the Why do they pass laws and never have The legislative clerk proceeded to right time and for the right price. to live under them themselves? call the roll. Admiral Winnefeld’s work as a co- Well, this is a crystal-clear example Mr. DONNELLY. Mr. President, I ask chair of the Nuclear Weapons Council of that. What is worse is that the stat- unanimous consent that the order for ensured our military’s nuclear enter- ute itself sets out that we would live the quorum call be rescinded. prise and No. 1 priority remained via- under ObamaCare, getting our health The PRESIDING OFFICER (Mr. ble and relevant as a strategic deter- care from the ObamaCare exchange FLAKE). Without objection, it is so or- rent to our Nation’s adversaries. just like millions of other Americans. dered. Admiral Winnefeld graduated from If you don’t believe that is what the f the Georgia Institute of Technology— statute mandates, look exactly at the also known as Georgia Tech—and re- TRIBUTE TO ADMIRAL JAMES particulars of how Congress and the ceived his commission from the Navy WINNEFELD, JR. President are currently getting around ROTC Program there. He subsequently that through the special OPM rule that Mr. DONNELLY. Mr. President, I rise served with three fighter squadrons fly- President Obama issued. This rule says today to pay tribute to ADM James ing the F–14 Tomcat and as an instruc- that Congress can get its health care Winnefeld, Jr., who is retiring at the tor at the Navy Fighter Weapons from a special small business exchange end of this month after serving with School. Admiral Winnefeld’s unit com- in the District of Columbia and can distinction for more than 37 years, cul- mands at sea include Fighter Squadron have a huge taxpayer-funded subsidy minating his career as the Vice Chair- 211, the USS Cleveland, and the USS applied, even though it is unavailable man of the Joint Chiefs of Staff. Enterprise. to every other American at our income Throughout his service as a senior He led the ‘‘Big E’’ through her 18th level. military leader, Admiral Winnefeld has deployment, which included combat Now, what is wrong with that? Well, provided this body, and in particular operations in Afghanistan in support of under the ObamaCare statute itself, the Senate Committee on Armed Serv- Operation Enduring Freedom imme- that small business exchange is specifi- ices, with valuable testimony and can- diately after the terrorist acts of Sep- cally set up and regulated and limited did military advice. Over the last 4 tember 11, 2001. to small businesses of 50 employees or years, Admiral Winnefeld has served as As the commander of Carrier Strike less. the ninth Vice Chairman of the Joint Group TWO, he led Task Forces 50, 152, How did Congress define itself as a Chiefs of Staff. His vast experience, and 58 in support of Operation Iraqi small business with 50 employees or knowledge, outstanding leadership, and Freedom and maritime interception less? It is interesting, if you pull the professionalism, combined with his operations in the Arabian Gulf. He also paperwork that the leadership of the deep respect and consideration for our served as the commander of the U.S. House and Senate sent over to allow service men and women, will be greatly 6th Fleet, the commander of NATO Al- Members to participate in this ex- missed. lied Joint Command Lisbon, and the change. The folks who submitted that During his tenure as Vice Chairman, commander of Striking and Support paperwork on behalf of the House and Admiral Winnefeld provided military Forces NATO. the Senate, who signed off on it saying advice to not only the legislative His shore tours include service in the that everything contained therein was branch but also to the President of the Joint Staff Operations Directorate, as true and accurate, said: How many em- United States, the Secretary of De- senior aide to the Chairman of the ployees does the Senate have? Forty- fense, the National Security Council, Joint Chiefs, and as executive assistant five. How many employees does the and the Chairman of the Joint Chiefs of to the Vice Chief of Naval Operations. House have? Forty-five. Staff on a wide range of complex mili- As a flag officer, Admiral Winnefeld Really? That is interesting. This is a tary and national security issues dur- served ashore as the director of War- flatout lie. It is a flatout lie submitted ing an extremely challenging period in fare Programs and Transformational in writing by the House and Senate on our country’s history. Concepts at U.S. Fleet Forces Com- behalf of all of us to shoehorn Congress In a challenging fiscal and security mand, as the director of Joint Innova- in to this small business exchange to environment, Admiral Winnefeld tion and Experimentation at U.S. Joint get extra added benefits, to get this helped to lead our military through Forces Command, and as the director taxpayer-funded subsidy unavailable to global events and threats, to include for Strategic Plans and Policy on the every other American at our income the Department of Defense’s rebalance joint staff. level. And that proves how outrageous to the Pacific, Iraq troop withdrawal, Prior to becoming the vice chairman, this end run around the statutory lan- Afghanistan transition, the global Admiral Winnefeld served as the com- guage is. threat of ISIL, instability in Syria, and mander of North American Aerospace So again, I urge all our colleagues to Russia’s provocative actions in Eastern Defense Command and the U.S. North- come together in support of this fix Europe. In addition, the Vice Chair ern Command. and to say: Yes, it should be the first played key roles in advising our Na- As the commander of NORAD and rule of American democracy that what tion’s leaders on various counterterror- NORTHCOM, Admiral Winnefeld led we pass for the rest of America we live ism efforts. historic advances in the working rela- by ourselves. That is important, and As Vice Chairman, he led the devel- tionship between NORTHCOM, Home- we are going to do it in this case and in opment and implementation of the 2014 land Security, FEMA, the Drug En- every case. Quadrennial Defense Review, an effort forcement Administration, Customs I urge my colleagues to support our that involved thousands of senior lead- and Border Protection, and the Na- freestanding bill—the No Exemption ership man hours. Pivotal to his role as tional Guard, specifically with the dual for Washington from ObamaCare Act. I the Vice Chairman, he also chaired the status commander concept. In addi- urge our colleagues to support the floor Joint Requirements Oversight Council, tion, he led the U.S.-Mexican military- amendment, which is the same as that where he worked tirelessly to trans- to-military relationship to a historic freestanding bill, and to pass it as a form the requirement processes to be- level of collaboration and brought tan- floor amendment—to pass it into law come more agile, transparent, and in- gible results to our Nation’s important through that mechanism. clusive. Admiral Winnefeld focused his struggle against the fast-growing Before yielding the floor, Mr. Presi- efforts on the immediate capability transnational criminal organizations. dent, I ask unanimous consent that the needs of the combatant commanders Through his distinctive accomplish- time during the quorum call be equally and the most pressing military issues ments, Admiral Winnefeld culminated divided. of the joint warfighter. a long and distinguished career in the The PRESIDING OFFICER. Without As cochair of the Defense Acquisi- service of our Nation. His tenure leaves objection, it is so ordered. tions Board, Admiral Winnefeld worked a lasting, positive legacy on our armed Mr. VITTER. Mr. President, I suggest to link the requirements, resource, and services. I appreciate his extraordinary the absence of a quorum. acquisition communities in developing service which reflected great credit

VerDate Sep 11 2014 23:49 Jul 21, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.009 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5185 upon himself, the U.S. Navy, and the mountains of frozen water as high as their loss. We think of the greatness Department of Defense. the Rocky Mountains on Pluto. On its they embodied: Thomas Sullivan, For nearly 40 years, Admiral Moon Charon, we can now see deep can- David Wyatt, Carson Holmquist, Skip Winnefeld has performed his duty pro- yons and a row of cliffs and troughs Wells, and Randall Smith. fessionally, honestly, and with great stretching 600 miles, as far as from I think as the Nation has learned dedication. Our Nation will miss his Washington, DC, to Atlanta. about these individuals carrying out leadership and expertise. We wish him Instruments on the New Horizons what many would consider to be mun- and his family all the best as he moves probe confirm that the Pluto system dane activities in support of our U.S. to the next phase of his life. Person- contains a large amount of frozen military, those who protect us, they ally, I want to thank Admiral water. That is an essential building understand the greatness they symbol- Winnefeld and say job well done, God block of life. One thing scientists ized, most of them having served in Af- bless, and Godspeed. didn’t see—many of the meteorite im- ghanistan and Iraq and some of them I suggest the absence of a quorum. pact craters—suggests that Pluto was younger, beginning their careers, but The PRESIDING OFFICER. The geologically active relatively recently. all having excellent backgrounds and clerk will call the roll. The voyage of discovery from the exemplifying the very best America The legislative clerk proceeded to flyby will continue for years to come. has to offer. call the roll. Not only will scientists learn more, but Our Nation mourns, our community Mr. MARKEY. Mr. President, I ask they will also train the next generation mourns, and we have lost five of our unanimous consent that the order for of planetary scientists. I am proud the greatest. Also, hospitalized in Chat- the quorum call be rescinded. youngest member of the New Horizons tanooga today is a young man named The PRESIDING OFFICER. Without team is Alissa Earle, a graduate stu- Dennis Pedigo, whose mother and fa- objection, it is so ordered. dent at MIT. ther both served on the Chattanooga f The New Horizons team is following Police Department, and he has followed in the great American exploration tra- NEW HORIZONS PLUTO MISSION in their footsteps. dition. They are pushing back the I think people have heard all around Mr. MARKEY. Mr. President, 46 boundaries of geography, knowledge, our country the tremendous heroism years ago yesterday, Neil Armstrong and technology. In doing so, they are that was exemplified by the Chat- and Buzz Aldrin became the first peo- inspiring the world. No matter what tanooga Police Department, which ple to walk on the Moon. you think of the classification of Pluto rushed at the assailant and brought September will bring the 53rd anni- as a dwarf planet, we can all agree that him to his end—by the way, trained to versary of President Kennedy’s speech the New Horizons mission is already a do so, trained to go at them. This was that launched America on the quest to massive achievement. not a SWAT team, but these were pa- land them on the Moon. He set that I look forward to the further revela- trol squads that were trained to deal goal for the country not because it was tions it will bring as its data streams with this kind of situation and no easy but because it was hard. I am here back to Earth and it travels to the far doubt saved the lives of other people in to congratulate the men and women of edges of our solar system. doing so. So we honor them. We honor the New Horizons mission for making Finally, I would like to note that in all of them. We celebrate them. As a the hard work of sending a spacecraft the same week of taking us to Pluto, community we have been harmed, and to Pluto look easy. NASA also commenced the continuous One week ago today, what had once our community has prayed. monitoring of the Sun and the Earth— We had a vigil on Friday night that been a fuzzy picture of Pluto came into the only home humans have known sharp focus. Dramatic transformations was extraordinary. Senator ALEXANDER thus far. I hope the events of this past was there with our Governor, our inspire everyone. As you can see, week confirm the importance of using NASA delivered an amazing before- mayor, county officials, and others. It all of NASA’s tools to further the ex- was an extraordinary time of our com- and-after story. Until the New Hori- ploration of our solar system and uni- zons flyby, the best picture we had of munity coming together around what verse and better understand our own has happened. Pluto offered little detail of our neigh- planet as well. I do believe that what people all over bor at the edge of the solar system, but I yield back the remainder of my the country and the world have heard now we can see distinct features on its time. about ‘‘Chattanooga strong’’ is true, surface, including something that I suggest the absence of a quorum. and I think our community will be looks like a heart. Who couldn’t love The PRESIDING OFFICER. The even stronger because of what has hap- that. Thank you for this great picture. clerk will call the roll. pened, and our Nation must understand It took the New Horizons spacecraft The legislative clerk proceeded to 1 where we are in the world and that 9 ⁄2 years to cross the 3 billion miles be- call the roll. tween Pluto and Earth, but it was a Mr. CORKER. Mr. President, I ask these types of activities will possibly mission much longer in the making. unanimous consent that the order for continue. In the late 1980s, a group of scientists the quorum call be rescinded. I had a very good conversation on came together to advocate for sending The PRESIDING OFFICER. Without Friday with the Pentagon to talk a spacecraft to the edge of the solar objection, it is so ordered. about what they are doing. I know threat activity has been rising for system. Such a mission would tell us f more about Pluto and once again push some time, and they are looking at back the edge of the known frontier. HONORING THE LIVES OF FIVE what needs to be done to ensure this Many of those scientists are still in- AMERICAN HEROES doesn’t happen again. volved with the New Horizons mission, Mr. CORKER. Mr. President, I am I had a very good conversation this including the Massachusetts Institute here with our senior Senator LAMAR morning with Senator MCCAIN, who I of Technology’s own Richard Binzel. ALEXANDER to speak on something very know is leading efforts with House While these scientists pushed to get tragic that occurred in our State and Members to figure out if there is a way the green light for the mission, it was in my hometown. to add something to the NDAA, a piece only achieved by the partnership be- I rise to honor the lives of five Amer- of legislation that we can deal with tween NASA, some of our best U.S. ican heroes—the five American heroes very quickly here so we can make sure universities and the aerospace indus- we honor today with the lowering of we have policies to protect lives. try, and the hard work and innovation the flags here at the U.S. Capitol. Our Our community is praying for these of their scientists, engineers, and staff. community is heartbroken, as has been individuals. It is my hope that we will From just the initial information re- said many times, our State is heart- put policies in place to ensure we ap- turned this week, scientists have to broken, and I believe our Nation is propriately protect these individuals. rethink what they thought they knew heartbroken that these outstanding In addition to that, there are tan- about Pluto, its Moons, and its space young men died in the way they did, gible things we can do. I know that environment. Images came back of but we honor their lives. We mourn when something like this happens,

VerDate Sep 11 2014 23:49 Jul 21, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.012 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5186 CONGRESSIONAL RECORD — SENATE July 21, 2015 there are certain types of Federal bene- The PRESIDING OFFICER. The Sen- bit of our thinking: They are now in the fits. Our offices are working together ator from Tennessee. arms of God. with outside groups to coordinate that. Mr. ALEXANDER. Mr. President, I Chattanoogans said last Friday the Thankfully, our community has thank Senator CORKER for his eloquent words ‘‘Chattanooga strong,’’ and they come together to make sure these fam- and obviously heartfelt comments. He were repeated by Senator CORKER, the ilies have the financial support they mentioned the word that we have heard Governor, and most of the members of need beyond that. There is an effort most often since last Thursday, when the community. People were standing under way in Chattanooga now—and I he and I first got word of this tragedy, up and supporting each other and the hope people around the world will par- and the word is ‘‘heartbroken.’’ We are families who had been heartbroken by ticipate—to make sure that the finan- heartbroken for the lives that were the loss of their loved ones. cial support that is necessary to sus- lost, heartbroken for the families that I am enormously impressed with the tain these families in light of what remain, and heartbroken for the com- people of Chattanooga and their cur- happened occurs. munity of Chattanooga. rent leaders: the mayor, the Governor, My friend and a great Tennessean—or We can see the deep emotion that and their Senator, who is also their at least we claim him as that because Senator CORKER has expressed. As a former mayor. I believe Chattanooga he lives in Chattanooga for part of the resident and former mayor of Chat- will be strong. year—Peyton Manning, has lent his tanooga, that community is very spe- I think it is important, as we reflect name to this effort. My sense is that cial to him. and grieve here in the Senate with we will see a generous outpouring to On Friday at 5:30 p.m., in Mount Oli- Chattanooga—not just with the fami- ensure that, at a base level, some of vet Baptist Church, there was a memo- lies and the people who knew the five the financial needs of these families, if rial service that nearly 1,000 people at- who passed—that we not only honor not all, will be dealt with in an appro- tended. Senator CORKER, our Governor, the five, but that we also honor the priate way. the police chief, and others spoke. city and its response to this terrible I will close by saying this. Our com- I know most people in the country tragedy. munity has been shocked, as has the know about what happened that day. I pledge to continue to work with world. We have lost five outstanding Most of them would have liked to have Senator CORKER to do all that I can to people, and it has shaken their fami- been there to do what they could in a help those five families and help create lies. time such as this. You never know an environment that can keep Chat- I had the opportunity to meet briefly quite what to say. Sometimes all you tanooga strong. with the family of the fallen sailor, the can do is just be there. I thank the Presiding Officer, and last person who passed. He was riddled This is especially hard because these yield the floor. with bullets, and the Erlanger trauma were young men—young men in the The PRESIDING OFFICER. The ma- squad worked with him for hours and service of our country, young men jority leader. hours and hours trying to save his life. whose lives were filled with happiness, f young men who had the expectation of Finally, after a tremendous fight, he THE HIGHWAY BILL lost his life—again, in the line of duty. a long life for themselves, young men The needs of these families are great. who were filled with duty and service. Mr. MCCONNELL. Mr. President, While our community is praying, they They were living in a strong commu- after literally months of discussion and will try to meet their needs in other nity. Faith and the sense of helping a lot of cooperation from chairmen and ways. one another is strong Chattanooga ranking members and staffs and Mem- How do we respond to this? LAMAR faith. Chattanooga is a place of good bers from both sides of the aisle, I am and I have both mentioned what comes neighbors. Chattanooga was recently happy to announce that Senator BOXER out of this, and the fact is that I feel named the best midsize city in Amer- and I have an agreement for a that our community is like none I have ica. Everything in Chattanooga seemed multiyear, bipartisan highway bill. We witnessed from the standpoint of its to be going in the right direction, and hope to be able to discuss this agree- compassion to others. My sense is that then this happened. So it is especially ment at our conferences shortly. This the way our community is going to re- heartbreaking in the community of is a 6-year highway authorization that spond to this is much like what I would Chattanooga. will allow planning for important long- refer to in Genesis 12, where God said On Friday, I thought—while trying to term projects around the country. The to the Jewish people that they were think about what words I could add to bill also provides 3 years—3 years—of blessed to be a blessing. I think most the words that were being said—about guaranteed funding for the highway people in our community, our State, the time in 1985 when 289 members of trust fund. and our Nation believe we have been the 101st Airborne Division lost their Senators from both parties know incredibly blessed, and my sense is that lives in a plane crash in Newfoundland, that a long-term highway bill is in the in addition to responding to the spe- and President Reagan came to Fort best interest of our country, so we will cific needs that need to be dealt with Campbell to meet with the families to continue working together to get a both here in Washington and back talk about it. good one passed. Thanks to the dedica- home and certainly at the State level, I was Governor then, and I drove up tion of both Republican and Demo- our community is going to rise up and to hear what he had to say. He spoke of cratic Senators and their staffs, I am ensure that, because we have been those men and women—as these five hopeful that we will. blessed, we continue to be a blessing to were—as peacekeepers. They were I wish to thank some other people others. That is my hope, and that is there to protect lives, protect the who have been involved in getting us to what I am seeing happen. I have never peace, and to act as a force for sta- where we are. In particular, I thank seen such an outpouring of compassion bility and trust for our country. Chairman JIM INHOFE, Chairman ORRIN anyplace else in my life. President Reagan said of those 289 HATCH, Chairman JOHN THUNE, and I am proud to represent Tennessee. I men and women, which can be equally Chairman RICHARD SHELBY for their ef- am proud that my hometown has re- said of these five men, that their work forts to reach a bipartisan accomplish- sponded in the way that it has, in spite was the perfect expression of the best ment. of a deep mourning and grief that we of the Judeo-Christian tradition. They The PRESIDING OFFICER. The have for these outstanding men who were the ones of whom Christ spoke Democratic leader. lost their lives in the line of duty. when he said: ‘‘Blessed are the peace- Mr. REID. Mr. President, if we have Senator ALEXANDER and I will submit makers for they shall be called the an agreement—and I am sure we do be- a resolution later today, and my sense children of God.’’ cause I have great respect for Senator is that the entire Senate will want to President Reagan said of the 289 who MCCONNELL, Senator BOXER, and, of be a part of it. lost their lives 30 years ago what could course, Senator INHOFE. We have this With that, I will turn to my distin- be said of these five this week and what issue, though: We haven’t seen the bill. guished friend, a great colleague, and a poet said of soldiers in another war: There can be an agreement, but until one of the greatest Senators our State They will never grow old; they will always we put an agreement in writing, things has ever had, LAMAR ALEXANDER. be young. And we know one thing with every are a lot different.

VerDate Sep 11 2014 01:31 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.014 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5187 We have a number of committees would be if this—thank God no one lost the floor with charts I showed all the that need to look this over in addition their life in this accident. But this different big, large structures, such as to the EPW Committee on which Sen- bridge was rated structurally obsolete, the Spence Bridge between Kentucky ator BOXER is the lead Democrat. We so we knew it couldn’t bear all the and Ohio. These are bridges and have the Commerce Committee that we traffic. It is a huge amount of traffic. projects that have to be done, and have to deal with. We have the Finance So this is my poster child for why I am there has to be a long-term bill in Committee that we have to deal with. working so hard on this. order to do that. I also shared this We have the Banking Committee that I thank my Republican friends be- morning an experience that I had on we have to deal with. cause they have really worked hard. Of the I–35 bridge that we put in I want a highway bill. I have had the course, I am looking at Bettina and through—the last major bill we had good fortune of being chairman of the Neil. I was talking to them at 11:30 last was in 2005. We put those repairs in EPW Committee twice. I worked on a night, and in the leader’s office we re- there. That was in Oklahoma City. We number of long-term highway bills solved the last couple of pressing actually had the death of a lady who back in the good old days when we did issues, with his help. But we have to was driving her three children under a that, and I hope we can have a long- see the text. My friends on the other bridge with concrete falling off. So we term bill again. But we can’t move for- side want to see the text of the Iran have to repair America, and this is the ward on a bill until we have read it and agreement. This isn’t exactly the same, first step toward that repair. seen it and studied it. That doesn’t but we do need to see the text. So I am It is very important that we proceed mean study it for several days, but we urging everybody to get the text up as to the bill. I would suggest to people need to look at this document. I need fast as possible so we can vote as soon that if you don’t like it and if you plan to have a caucus after we have this as possible. This is a breakthrough, but to vote against it, that is fine, but document so we can look at it. we need to see the details. bring it out here so we can discuss the So I hope my friend the Republican I thank Leader MCCONNELL because merits, the demerits, and we can also leader will be patient and wait until we this has been a difficult negotiation start working on amendments. I would get something we can study, and I will but I think one that is going to bear encourage any Member who is listening have a caucus with my caucus and we fruit in terms of millions of jobs and right now to bring amendments to the will sit down and decide how we should thousands of businesses in much better floor because when we proceed to the move forward on this matter. shape. bill, I am going to be down here on the I repeat, I admire all of the hard Thank you very much. floor as long as we are in session, and work that has been done by everybody The PRESIDING OFFICER. The ma- I will be wanting to get to these up to this point, but we have to make jority leader. amendments. It doesn’t do any good to sure we move forward with this in the ORDER OF BUSINESS wait until the last minute and then right direction. I understand all the Mr. MCCONNELL. Mr. President, the show up and say ‘‘I have an amend- issues probably more than most about cloture vote we were originally going ment’’ on the day of passage of the bill. all the time involved in a bill such as to have at 2:15 p.m. will be pushed back We will have deadlines. In order to get this. There are all kinds of potential several hours to 4 p.m. germane and nongermane amendments ways to stall this, but we are not going I will just add—in addition to the up for consideration, we have to have to do that on our side. We are going to comments of the Senator from Cali- them down here, and if Members miss a be as expeditious as we can once we fornia—I wish to thank Senator deadline, then Members won’t have have something that we can read and INHOFE, who I think was in the Cham- that opportunity. So it is really up to understand and, as I said, study so we ber. the Members now to make sure that can understand it. Mr. INHOFE. Right here. happens, but before we can get to that, The PRESIDING OFFICER. The Sen- Mr. MCCONNELL. Nobody has been a the one thing that has to happen is we ator from California. stronger advocate for a multiyear high- have to proceed to the bill. That has to Mrs. BOXER. Mr. President, before way bill than the Senator from Okla- be passed at 4 o’clock today. my leader leaves the floor, I wish to homa. In spite of the rather dramatic I yield the floor. thank him because he and Senator philosophical differences which exist f DURBIN, Senator SCHUMER, and the rest between the Senator from California of the leadership team have been push- and the Senator from Oklahoma, when ORDER FOR RECESS ing hard for a bill. As my leader knows, it comes to a transportation bill, they Mr. INHOFE. Mr. President, I ask I have been negotiating in good faith have been a remarkable team over the unanimous consent that the Senate with the Republican team, headed by years. So I thank my chairman as well stand in recess as under the previous Leader MCCONNELL, for a long-term, ro- for an extraordinary contribution to order. bust bill. all of this. The PRESIDING OFFICER. Is there I agree with Leader MCCONNELL that I yield the floor. objection? we have an agreement in principle. I The PRESIDING OFFICER. The Sen- Without objection, it is so ordered. also agree with my leader that we have ator from Oklahoma. f to look at the details. So my work now Mr. INHOFE. Mr. President, I appre- turns to getting those agreements up ciate that very much. I wish to say CONCLUSION OF MORNING on the Internet so people can read for that working in concert with Senator BUSINESS themselves the various titles. It is my BOXER has been a pleasure. A lot of The PRESIDING OFFICER. Morning understanding that we will start to see times philosophically in this room here business is closed. that language momentarily. I know we we disagree with each other, but then f are working hard with my Chairman when it gets down to what we are sup- RECESS INHOFE to make a couple of changes to posed to be doing here—I have to re- EPW. But I have to say we have mind people quite often that if you The PRESIDING OFFICER. Under reached an agreement in principle on a read the Constitution about what we the previous order, the Senate stands 6-year bill with 3 years of funding, and are supposed to be doing here—I am in recess until 2:15 p.m. the text will be printed shortly. I be- talking about Members of the U.S. Sen- Thereupon, the Senate, at 12:28 p.m., lieve it is a breakthrough. The highway ate—we are supposed to be defending recessed until 2:15 p.m. and reassem- trust fund goes bust in 10 days. America and roads and bridges. That is bled when called to order by the Pre- This is what is happening across the it. So this is by far the most important siding Officer (Mr. PORTMAN). country. It is unreal that in my State matter before us right now, now that Mrs. ERNST. I suggest the absence of we would have this bridge collapse, I we have the Defense bill behind us, and a quorum. say to my friends, and now commerce I look forward to making this a reality. The PRESIDING OFFICER. The can’t move between California and Ari- The idea of a 6-year bill is very sig- clerk will call the roll. zona because we have had this collapse nificant because without that we can’t The senior assistant legislative clerk on Interstate 10. How strange this do the big projects. This morning on proceeded to call the roll.

VerDate Sep 11 2014 04:49 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.016 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5188 CONGRESSIONAL RECORD — SENATE July 21, 2015 Mr. MCCONNELL. Mr. President, I NAYS—56 ate be in a period of morning business, ask unanimous consent that the order Baldwin Heitkamp Peters with Senators permitted to speak for the quorum call be rescinded. Bennet Hirono Reed therein for up to 10 minutes each. Blumenthal Kaine Reid The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. Booker King Sanders objection, it is so ordered. LANKFORD). Without objection, it is so Boxer Klobuchar Schatz ordered. Brown Leahy Schumer The Democratic leader. Cantwell Lee Scott f Cardin Manchin Sessions f Carper Markey Shaheen THE HIGHWAY BILL Casey McCaskill Shelby Coons McConnell Mr. REID. Madam President, first, Stabenow CLOTURE MOTION Corker Menendez we all appreciate the work done by Tester Mr. MCCONNELL. Mr. President, I Cruz Merkley Senator MCCONNELL and Senator Donnelly Mikulski Toomey OXER OXER ask unanimous consent that the man- Durbin Murkowski Udall B . Senator B has been tireless datory quorum call be waived. Feinstein Murphy Warner on this, as she is on everything. But we The PRESIDING OFFICER. Without Franken Murray Warren have an issue that I think we need to Gillibrand Paul Whitehouse address. We received this bill, which is objection, it is so ordered. Heinrich Perdue Wyden Pursuant to rule XXII, the Chair lays more than 1,000 pages, about an hour before the Senate the pending cloture NOT VOTING—3 ago. motion, which the clerk will state. Graham Nelson Rubio I am going to have a caucus tomor- The bill clerk read as follows: The PRESIDING OFFICER. On this row, and I hope we will have an oppor- tunity at that time to have reports CLOTURE MOTION vote, the yeas are 41, the nays are 56. Three-fifths of the Senators duly cho- from committees of jurisdiction. Com- We, the undersigned Senators, in accord- mittees of jurisdiction is more than ance with the provisions of rule XXII of the sen and sworn not having voted in the just the Environment and Public Standing Rules of the Senate, do hereby affirmative, the motion is rejected. move to bring to a close debate on the mo- The majority leader. Works Committee; finance is involved, commerce, banking, and other commit- tion to proceed to Calendar No. 19, H.R. 22, Mr. MCCONNELL. Madam President, an act to amend the Internal Revenue Code I enter a motion to reconsider the vote. tees, of course, are interested. So we need the opportunity to look of 1986 to exempt employees with health cov- The PRESIDING OFFICER. The mo- erage under TRICARE or the Veterans Ad- at this bill. This is a big bill with a lot tion is entered. ministration from being taken into account of different sections in it dealing with Mr. MCCONNELL. Madam President, for purposes of determining the employers to a lot of different issues. We are not it is my understanding that many of which the employer mandate applies under asking for anything unusual; we just our colleagues on the other side have the Patient Protection and Affordable Care want to be able to study the bill and Act. voted against cloture at this particular talk about it in a private meeting to- Mitch McConnell, Roger F. Wicker, Shel- point. They wanted to have further ley Moore Capito, Rob Portman, John morrow at 12 o’clock. time to read the bill. I want everybody Now, if we were doing something that Cornyn, James M. Inhofe, Daniel Coats, to understand that the text is filed, it John Boozman, Johnny Isakson, Pat was—‘‘What are you talking about? Roberts, John Barrasso, Mike Rounds, is at the desk. There are detailed sum- You mean you want to read this?’’ Mike Crapo, Roy Blunt, Thom Tillis, maries available online on the EPW Please. I mean, we have pages of quotes Deb Fischer, Richard Burr. Committee Web site. from my friends. The PRESIDING OFFICER. By unan- As everyone knows, Senator BOXER, Senator ENZI said: imous consent, the mandatory quorum I, and others have been discussing this That is what created this enormous out- call has been waived. in great detail. rage across America of: Did you read the The question is, Is it the sense of the I am hopeful that by tomorrow we bill? How can you read the bill if you have not seen anything in it, if it has not been Senate that debate on the motion to will have cloture on the bill and an op- portunity to go forward. given to you? I do not think it is intended to proceed to H.R. 22, the Hire More He- be given to us until we have to shuffle this roes Act of 2015, shall be brought to a Let me just say to everybody that I know I haven’t threatened a Saturday thing through at the end [and not know what close? is in it]. session all year, but there will be a The yeas and nays are mandatory LAMAR ALEXANDER, one of the most Saturday session and probably Sunday under the rule. thoughtful people I have served with in as well. Let me tell you why. We have The clerk will call the roll. government, said a couple of years ago: a chance to achieve a multiyear, bipar- The senior assistant legislative clerk We want to make sure the American people tisan highway bill. Senator INHOFE and called the roll. have a chance to read it and they have a Mr. CORNYN. The following Senators Senator BOXER reported out a 6-year chance to know exactly what it costs and are necessarily absent: the Senator bill. This is a 6-year bill. We have paid they have a chance to know exactly how it for the first 3 years. I believe our col- from South Carolina (Mr. GRAHAM) and affects them. That is not an unreasonable re- leagues on the other side will find quest, we don’t think. That is the way the the Senator from Florida (Mr. RUBIO). Senate works. That is our job. When it came Mr. DURBIN. I announce that the these pay-fors credible. They may not love every single one of them, but to the Defense authorization bill, we spent a Senator from Florida (Mr. NELSON) is couple of weeks doing that. When it came to necessarily absent. there is not a phony one in there. If we can get this bill over to the No Child Left Behind, the Education bill, we The PRESIDING OFFICER (Mrs. spent 7 weeks going through it. . . . The House, it is my belief they will take it ERNST). Are there any other Senators Homeland Security bill took 7 weeks. The in the Chamber desiring to vote? up. Give the House of Representatives Energy bill in 2002 took 8 weeks. A farm bill The yeas and nays resulted—yeas 41, an opportunity to express itself on this last year took 4 weeks. So we have a little nays 56, as follows: bill. Imagine the scenario if we actu- reading to do, a little work to do. ally were able to produce a multiyear [Rollcall Vote No. 250 Leg.] JOHN MCCAIN said: highway bill and get it to the Presi- But could I also add, if we haven’t seen it, YEAS—41 dent’s desk for signature before the Au- don’t you think we should have time to at Alexander Daines Lankford gust recess. It is something we could least examine it? I mean, I don’t think it Ayotte Enzi McCain all feel proud of. In my view, there has would be outrageous to ask for a bill to be Barrasso Ernst Moran read that we haven’t seen. Blunt Fischer Portman been outstanding bipartisan work on Boozman Flake Risch this, and so we need to keep at it, and I—as have a number of people in this Burr Gardner Roberts that will require us, most definitely, to body—have worked on highway bills in Capito Grassley Rounds be here this weekend. the past. We have worked on these Cassidy Hatch Sasse Coats Heller bills, and they have taken weeks to get Sullivan f Cochran Hoeven Thune done. We are being presented with Collins Inhofe MORNING BUSINESS Tillis something here that basically says: Cornyn Isakson Cotton Johnson Vitter Mr. MCCONNELL. Madam President, You take this or leave it. That isn’t Crapo Kirk Wicker I ask unanimous consent that the Sen- the way it should work around here.

VerDate Sep 11 2014 01:31 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.028 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5189 I am going to do everything I can to bill. The fact that it hasn’t been online businesses being able to do what they move forward on a long-term highway very long is a good argument, and our want to do: build—I had a bridge col- bill. I want to get it done. But we are friends will have an opportunity to lapse 2 days ago. You can’t get from going to have to look at this and find read every bit of it. I hope at that California to Arizona. out what my different committees point they will find it attractive to So I hope that tomorrow we will be think, what different Senators think, move forward. As I have said for over I able to join with our friends and vote what people at home think. You know, guess now something like 2 months, to proceed. If we don’t like the bill, we I have a lot of people at home who are this bill is an opportunity for those will have three more opportunities to interested in what is in this bill. There who support the Ex-Im Bank to offer vote no. But I would love to get on this is the banking provision. There are the an amendment on that subject. bill, get moving on it, and see if we can pay-fors. I looked at them last week, So it is further complicated in terms keep this economy moving in the right but that has been a moving target also. of timing by the fact that the House of direction and not take a chance, as The ranking member of our Finance Representatives is leaving a week ear- many economists said we will, if we Committee at this stage—unless he has lier than we are. I can’t say with cer- don’t do a long-term bill. learned something in the last half tainty that the House of Representa- I yield the floor. hour—doesn’t know what the pay-fors tives will take up and pass a multiyear Mr. MCCONNELL. Will the Senator are either. highway bill that doesn’t raise the gas from California yield for a question? So, in short, we want to be as cooper- tax and is credibly paid for, but it is a Mrs. BOXER. Yes, I will. ative as we can, but we are not going to lot more attractive, it strikes me, than Mr. MCCONNELL. My understanding lurch into this legislation without hav- a 6-month extension that we have to is that the Senator and Chairman ing had a chance to read in detail this revisit again in December. INHOFE have been discussing with peo- 1,030-page bill and, after having read it, I am hopeful that the House will take ple around the country who would ben- to have a discussion within the caucus a look at what we have done on the efit from this bill. Does the Senator on this bill. Senate side on a bipartisan basis and have a sense of their enthusiasm for We would be in a very difficult posi- find it very appealing. So we would like the product we have come up with? tion if—as the Republican leader said, to work our way through this and we Mrs. BOXER. I do. As I shared with we are going to work over the weekend, intend to work our way through it—in- Leader REID today, we have 68 organi- which is fine. I have no problem with cluding the weekend—to get what we zations, from labor, to business, to gen- that. I have tried that myself a few believe is an important accomplish- eral contractors. I have the list. They times; it didn’t work so well. But I am ment for the country over to the House are asking us, begging us to move for- willing to be part of the deal here if we of Representatives so they can take a ward—the National Governors Associa- need to work this weekend to get it look at it, and maybe they will find it tion. It is really a broad-based number done. appealing as well. of organizations that don’t agree all I don’t know what the House plans to The PRESIDING OFFICER. The Sen- the time. I mean that the building do, but we are assuming a lot, that the ator from California. trade doesn’t often agree with the House is going to take up this bill. If Mrs. BOXER. Madam President, if I Chamber of Commerce, but they agree they did, that would be wonderful, but could say to both leaders, whom I re- on this. So I think there is enthusiasm. I have to say that based on my con- spect tremendously—and I agree with Mr. MCCONNELL. Would I be correct versation with the Democrats in the Leader REID 99.9 percent of the time— in saying they are less than enthusi- House, in conversations they have had this is the situation: We have a high- astic about another short-term exten- with the Republican leadership over way trust fund expiring, going bust, sion? there, I don’t think there is a chance in going broke, and, yes, we have to spend Mrs. BOXER. They agree with those the world they are going to take up some time. You know, we have a lot of of us who have said that is a death by this bill. They have sent us a bill—a staff; we can divide this up—250 pages, a thousand cuts. We just can’t keep on bill that is for 5 months, with con- 4 people. We have a summary. We have doing these short-term extensions. versations between the White House— a summary of the bill out there for ev- I would say this to the Republican not our WHITEHOUSE but the Presi- erybody, and we can just say we need 4 leader. If you or I went to the bank to dent’s White House—to come up with a weeks or 6 weeks to look at it. get a mortgage and the banker smiled long-term highway bill. Part of that is The EPW piece, as my friend Senator and said that you get that mortgage, some consideration of the Export-Im- INHOFE knows, has been out there for 3 but it is only for 6 months or 5 months, port Bank. I realize how important months—not that long; at least 2 you wouldn’t buy the house. that is. I have been on this floor talk- months. We haven’t changed much in No one is going to build a new project ing about how important that is. We that. It has been out there, so that has or fix a bridge that has multiyear costs have about 45 different countries that been reviewed. if they know the money could run out have, as we speak, ex-im banks that All I want to say is this: If we could in 5 months or in the short term. are working, that are taking away all just keep our eye on the prize—and I Mr. MCCONNELL. Would it also be of our business, so it is important that understand that the way we proceed correct, I ask the Senator from Cali- we get that done also. But we cannot over here is important. That is why I fornia, if we are fortunate enough to let one get in the way of the other. It voted no, not to go to a bill I wrote send a multiyear paid-for highway bill is not our fault—Democrats’ fault— with Senator MCCONNELL, because I over to the House, that the same con- that we don’t have an Ex-Im Bank bill. agree with my leader completely. We stituent groups that have had an inter- We didn’t create the problems with Ex- need a chance to look at it. But I would est in this and have indicated their en- Im having gone out of business. submit that this isn’t the first time we thusiasm to you would likely descend So I want to get a highway bill done have ever done a highway bill. This is on the House and suggest that this and I want to get Ex-Im Bank done, but a little different from a health care bill might be something they ought to take the Ex-Im Bank problem should not in the sense that it is a highway bill. a look at? stand in the way of us getting a good, Most of it is very similar. I would say Mrs. BOXER. I think there will be strong, robust highway bill. EPW builds off the old bill we had be- huge momentum if we are able to pass The PRESIDING OFFICER. The ma- fore, and most of the bills track older this in a bipartisan way; yes, I do. jority leader. bills. The PRESIDING OFFICER. The Sen- Mr. MCCONNELL. Madam President, I don’t think it is going to be that ator from Oklahoma. my good friend the Democratic leader hard for us to detail our staff to read it Mr. INHOFE. Madam President, I was saying as recently as a couple of because—here is the problem—if we have been listening carefully to what weeks ago that we need to do a long- don’t, we have 800,000 construction concerns people have, and I have to re- term highway bill. Well, Senator workers who are still not back to work, mind everyone that it was June 24— BOXER and I took him seriously. We and we have 7 States that have stopped June 24—that we passed this bill out of have worked hard to come up with a bi- doing anything. So if we could just committee. We had been working on partisan, multiyear, paid-for highway keep our eye on the prize, which is this bill for months before that.

VerDate Sep 11 2014 01:31 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.031 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5190 CONGRESSIONAL RECORD — SENATE July 21, 2015 All of us realize that between the last Well, the fact of the matter is that down the road and provide no predict- bill we had, which was a multiyear bill nothing we will do with this bill pre- ability or planning ability so these in 2005—that we then had a 5-year bill, cludes that good work from going for- long-term projects can be initiated and and since that expired at the end of ward. completed. 2009, we have had nothing but exten- As a matter of fact, after 3 years of I would just point out the fact that sions. Those extensions cost 30 percent paying for this bill, at some point we Texas has not waited on the Federal off the top just because short-term ex- are going to have to find a way to re- Government in order to deal with its tensions don’t work. But we went charge the bill in order to complete the transportation needs. Last November, ahead, and we passed a bill. work that was first started in the un- by an overwhelming 4-to-1 margin, The reason I am optimistic that if we derlying 6-year bill. So I don’t want Texans approved a ballot initiative can get this to the House they will sign anybody to be under a misconception, that provided an additional $1.7 billion it is because that wasn’t a problem at because I think you might if you didn’t to upgrade and maintain our transpor- all when it went to the House the last know the context of thinking that all tation network. So I congratulate our time. We showed them that the cost of of a sudden this 1,000-page bill appeared leaders at the State level who have the bill is far less—the conservative po- on people’s desks, and they do not taken the initiative to begin to make sition. That was with 33 Members of know where it came from, and they do that downpayment on upgrading and the House on the transportation and not know anything about its prove- maintaining our transportation net- infrastructure committee. So all of the nance or what it will actually do. The work, but estimates are we need as Republicans and all of the Democrats truth is very, very different. much as $5 billion in order to do that. on their committee voted for it. Those It is important, and I respect the So this represents just a downpayment. same Democrats and Republicans over fact, as the Senator from California We need to pass the Federal highway there would support this. has made the point, that people do bill in order to complete our work. I think the reason they came out need to get comfortable with the paper- As I pointed out, our State has cur- originally for a shorter term bill was to work. But what we have tried to do is rently about 27 million people. By 2040, pack it in with some other things they to come up with credible ways to pay it is estimated to reach as many as 45 wanted to get passed. But I have yet to for the bill that actually represents a million people. So we need this infra- talk to the first Member of the House consensus to pay for 3 years rather structure, but we are not alone. We are who doesn’t say: If you bring us a than this idea of a 6-month patch and not unique in that sense. Every State multiyear bill, we will sign it. hoping that somehow we will come up needs transportation infrastructure to So I think that is a moot statement. with the money in December for a 6- keep people and goods moving in order I think that will happen, and we are year bill. to continue to grow our economy be- willing to stay here until it does hap- So while I regret this failed cloture cause a growing economy creates jobs pen. vote, this bill does represent a signifi- and opportunity, and the one thing we I yield the floor. cant step forward, and I am encouraged need in this country is a growing econ- The PRESIDING OFFICER. The Sen- by what I have seen in terms of the bi- omy. ator from Texas. partisan cooperation that allowed us to Last year, in 2014, the Texas economy Mr. CORNYN. Madam President, I make progress on a number of conten- grew at 5.2 percent. The U.S. economy appreciate the chairman and the rank- tious matters so far this year, and I grew at 2.2 percent. That is why, be- ing member of the Environment and thank the minority whip for his good cause of that 3-point differential, we Public Works Committee pointing out work on this as well. have created more jobs in Texas—or that the actual underlying authoriza- We passed an education bill. We seen jobs created by the private sector, tion language in this legislation has passed trade promotion authority. It I should say—than anywhere else in been public information since June 24— was not universally popular on both the country. If we fail to pass a June 24. The only thing that is a little sides, but this was a priority for the multiyear transportation bill, if we different about this underlying bill—it President and I think something that somehow decide to shoot ourselves in is not as if this were air-dropped out of represents a step forward for our econ- the foot and fail in this important ef- heaven, and it showed up on people’s omy, opening markets for the things fort, we will have only ourselves to desks—is that Senator HATCH, the we raise and grow and the things we blame, and we will be contributing to chairman of the Committee on Fi- make in this country. the problem rather than contributing nance, and other committee chairmen We have done a number of important to the solution. on the commerce committee, EPW, the things that I hope begin to regain the The resources provided for in this Homeland Security and Governmental public’s trust and confidence that we legislation will help relieve urban con- Affairs Committee have come up with a are actually able to function and that gestion, upgrade rural routes, and im- group of pay-fors to figure a way to pay even though we have very different prove the overall safety and efficiency for 3 years now of this underlying 6- ideas about how to get to a conclusion, of our highways. It is something our year bill. we can actually find common ground friends across the aisle just a few short So I think it is absolutely accurate and make some progress. weeks ago said they wanted. They said to say that the good work being done In my State in particular—Texas they were worried about this impend- by the Environment and Public Works being a large State—the Texas A&M ing deadline coming up where we need- Committee to pass a 6-year bill will be Transportation Institute estimates ed to do something, and they were pre- done when this bill is passed, but we that by the year 2020, 8.4 billion hours dicting that perhaps we would just have only been able to agree on 3 years will be spent waiting in traffic—8.4 bil- have another patch. They called for a of pay-fors. I wish we could have gone lion hours. Of course, that also means longer term highway bill. So I would longer, but that is not bad considering that 4 billion gallons of gas will be urge our colleagues to take yes for an our recent record with these temporary wasted in the process. Imagine the pol- answer. patches, which I agree is a terrible way lution, not to mention the heartburn Thanks to the good work done by to do business. associated with congestion on our Chairman HATCH of the Committee on So I congratulate the Senator from highways and roadways. Finance and a lot of work on a bipar- California and those who have worked We are, thank goodness, a fast-grow- tisan basis across the aisle, we have ac- to make this bill as good as it is, but I ing State relative to the rest of the tually come up with enough money— want to make another point. There are country. We are a big State. We need enough legitimate pay-fors—to pass a others who are arguing: Well, we the transportation infrastructure to 3-year transportation bill with the shouldn’t be doing this. We ought to be keep our economy moving and to cre- prospect, if we can come up with some passing a temporary patch, and then ate jobs and economic growth. additional funds through international we should be doing international tax So I am confident we can work in a tax reform, to backfill the final 3 reform and trying to come up with bipartisan manner to address what I years. So nothing here actually pre- some additional revenue out of that hope is just a temporary obstacle and cludes that effort. Nothing cuts that process that will pay for a 6-year bill. avoid these patches that kick the can off. This is, I think, part of doing our

VerDate Sep 11 2014 01:31 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.033 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5191 basic job as Members of the Congress. with the intersection of two inter- world would then seek to develop their It is not particularly attractive or sexy states, hold on tight, because the op- own nuclear weapons and the potential or interesting, but it is about com- portunities are limitless. conflagration was incredible. petence, it is about doing our job, and So that generation 60 years ago had a There was also a concern that one of it is about putting the American peo- vision. The question is, Do we have a the first targets of Iran would be our ple’s interests first. vision? We certainly don’t with 60-day close ally and friend, the nation of So I hope by tomorrow our colleagues extensions with the highway trust Israel. It is easy to reach that conclu- will have had a chance to satisfy them- fund. That is why when Senator sion when you read and hear the rhet- selves and understand the pay-fors in MCCONNELL on the Republican side of- oric of the rightwing in Iran, which this bill, recognizing that most of this fered a long-term approach, 3 years—I will not even recognize Israel’s right to information has been out there in the wish it were 6—but 3 years actually exist. President Obama set out to do public domain for a long, long time. I paid for, I believe we should take it se- something about it. am not asking them to like it, I am not riously. It was clear from our experience in asking them to fall in love with the One Senator among us, Senator Iraq and Afghanistan that sending in pay-fors, but I am asking them to let BOXER of California, did. As chairman American troops was something that us go forward and to let the Senate be of the Environment and Public Works had to be thought about long and hard. the Senate. Let people offer their Committee, BARBARA BOXER rolled up We have the best military in the world, ideas, hopefully get votes on construc- her sleeves and started negotiating, but let’s face it, what we faced in Iraq tive suggestions, eventually pass this crafting an agreement. with roadside bombs maimed and legislation, and send it over to the How about this for an assignment. killed so many American soldiers that House, where I predict, if it comes out We said to Senator BOXER: Come up we realized this new world of asym- of the Senate with a good strong vote, with a long-term highway trust fund metric military confrontation didn’t our friends in the House will take it up bill, get it through four different com- guarantee that the best military in the and pass it and send it to the Presi- mittees to the satisfaction of at least world would have an easy time of it. We ended up with almost 5,000 casual- dent, and we will have fulfilled our re- the majority of the 45 other Demo- ties in Iraq and nearly 3,000 now in Af- sponsibility. cratic Senators, work out your dif- ghanistan, and Afghanistan turned out I yield the floor. ferences, and report to us in 10 days. The PRESIDING OFFICER. The Sen- She did. I have to give credit to her, as to be the longest war in U.S. history. ator from Illinois. big as this bill may be—and by Senate This President and the American peo- Mr. DURBIN. Madam President, let standards it is one of the larger ones— ple were reluctant to face another mili- me add my voice to this bipartisan cho- it was an undertaking she took seri- tary confrontation. This President made a decision. I rus. It is embarrassing to the United ously and we should take seriously too. have talked to him about it. He decided States of America that we are now in Now that we have the bill, there is no every leader from every country who the midst of our 33rd short-term exten- excuse. There is plenty of time to read came in to see him would be asked to sion of the highway trust fund. this. Don’t believe that every word on join in an effort to impose sanctions on This 60-day extension ends in 10 days. every page is valuable, but let’s go Iran to bring them to the negotiating It is true and the Senator from Texas through it carefully and make sure we table over the issue of their nuclear ca- is correct that many of us have come understand completely what we are pability. to the floor and said this is beneath the doing before we vote. That was the clo- The President put together an in- dignity of a great nation—that we can- ture vote we had earlier today. credible coalition because we learned not invest in our own economy, in our When I went home over this weekend long ago unilateral sanctions are not own business growth. Building the and called leaders in my State—I worth much, but if you can bring many highways and bridges and the mass called the CEOs of two major corpora- nations around the world into a com- transit that sustains a great nation tions, I called the labor unions, I called mon purpose of putting the pressure on takes a determined long-term effort. the U.S. Chamber of Commerce, and a country, it can have a positive im- Now, there are those—not on our side they were over the moon and happy pact. of the aisle, but there are those—who with the notion that we are finally The coalition the President put to- question whether the Federal Govern- going to come up with at least a 3-year gether was amazing; witness the nego- ment should be involved in this at all. highway trust fund bill. tiations themselves where China and The so-called devolution movement ar- I will be reading this carefully. In the Russia were sitting at the same side of gues, I understand, that this really course of reading it, I hope I can come the table as the United States and the should be a State and local matter: Get to the conclusion that this is the right European Union—England and the Federal Government out of the answer to move us forward to build our France—and many other countries business of planning the transportation infrastructure for the next generation. joined us in imposing these economic grid for America. f sanctions when they had little to gain I have three words for those people NUCLEAR AGREEMENT WITH IRAN and a lot to lose when it came to the who believe that: Dwight David Eisen- oil resources of Iran. The President’s hower, a Republican President who, in Mr. DURBIN. Madam President, determination to put the sanctions on the 1950s, had the vision and deter- when President Obama came to office, Iran was for the purpose of bringing mination, once he had seen the auto- he looked out at the threats across them to the negotiating table. That bahn in Germany, to say that the America, and there were four hard-tar- diplomatic gathering would literally United States of America needs an get threats: Russia, China, North have been the first meeting in 35 years interstate highway system for its na- Korea, and Iran. The situation in Iran between Iran and the United States, tional defense. That is how he sold it. was particularly worrisome because representing that period of time when He sold it to a bipartisan Congress, and there was a recurrent belief that Iran our relationship with Iran had reached we have lived with that benefit ever was developing nuclear weapons. I have its lowest possible point. At this point, since. heard critics ask: Well, what difference the goal of the negotiation was very Our generation and even those before would it make? How foolish would it be clear: stop Iran from developing a nu- us have inherited the vision of that for Iran to launch a nuclear weapon clear weapon. President and Members of Congress against anyone? Every nuclear weapon How real was the threat that they who said: Let us invest in the long- that is launched has a return address, were developing such a weapon? If you term development of America. and that country will pay dearly for a go back in time and read the quotes Think about your own home State reckless decision such as that. But the from the Prime Minister of Israel Ben- and what interstate highways mean to fear the President had and we shared jamin Netanyahu, for years—more your economy. In my State, if you are was that if Iran developed a nuclear than 10 years—he has been warning a town lucky enough to live next to an weapon in the Middle East, it would that the Iranians were close to devel- interstate, you are bound to have a trigger an arms race, and many other oping a nuclear weapon. It was a mat- good economy. And if you are blessed countries in that volatile region of the ter of weeks, months, a year at the

VerDate Sep 11 2014 01:31 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.035 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5192 CONGRESSIONAL RECORD — SENATE July 21, 2015 most by most of his estimates. Of the Iron Dome funding request of Israel Fast forward a few years. In 1972, course, Israel, more concerned than for their own defense of their nation. then-President Nixon traveled to Com- most about the nuclear threat, warned The agreement before us is a com- munist Red China to begin establishing the world of what would happen if Iran prehensive solution to the nuclear normalized relations. China wasn’t a developed a nuclear weapon. weapons issue with Iran. Without a nu- friend of the United States. It was a Last week, after lengthy negotia- clear weapon to embolden Iran, the key supporter of the North Viet- tions, the President announced with agreement allows the United States namese, who were ruthlessly fighting Iran and the others who sat at the and its allies to better deter Iran’s de- and killing U.S. forces in Vietnam at table—P5+1, as they are known in stabilizing actions. that same time. shorthand—that they had reached an Let’s take a reflective moment and In fact, during Nixon’s visit with agreement with Iran. look at the history—recent history—in then-Chinese Premier Zhou Enlai, It was interesting to watch the reac- the United States. Strong leaders and China was sending more weapons to the tion of Members of Congress. There nations such as the United States meet North Vietnamese. This was happening were some Members of Congress who and talk to their enemies and nego- even while Nixon was asking China to condemned that agreement before it tiate when it is in their national inter- end its support for the North Viet- was even released to the public. You est. namese. see, 47 Members of the other side in the It was John Kennedy who said: ‘‘We China’s regime was also fomenting Senate had sent a letter to the Aya- should never negotiate out of fear, but Communist revolutionary movements tollah in Iran during the course of ne- we should never fear to negotiate.’’ in Asia, including Indonesia, Malaysia, gotiations, before any agreement was These kinds of negotiations aren’t an and Thailand—all against the U.S. in- reached, warning him and his nation example of weakness but in most cases terests. not to negotiate with this President of are an example of strength, and some- Domestically, in China, Chinese lead- the United States. times the benefits aren’t obvious im- er Mao Zedong had persecuted millions That was unprecedented. That had mediately; they are realized over time. of his own people as part of the brutal never happened before in American his- It is simply common sense. It has been Cultural Revolution. I recognize, as tory—when a political party reached the practice of this Nation, America, President Nixon did then, that it is out to a sworn enemy of the United for generations, regardless of who is hard to enter into negotiations with a States and gave them advice not to President, to meet and try to negotiate regime as nefarious as China, and just as with Iran today, many conservatives speak to our leader. That letter went for a more peaceful world. Throughout denounced Republican President Nixon on to say that even though you think our history, American leaders have for doing so. However, as China’s you reached an agreement between successfully and aggressively used di- sphere of influence grew and relations Iran and the United States, don’t be plomacy, Presidents of both political between the United States and the So- misled; ultimately, Congress would parties. viet Union deteriorated, many in both have the last word on that agreement. In 1962, the Cuban Missile Crisis. We parties—including President Nixon— It was no surprise in that environ- faced the prospect of a nuclear war, a standoff with the nation, where we recognized it was time to change. ment that so many Senators and Con- Nelson Rockefeller, President Nix- knew and they knew they had the ca- gressmen from the other side of the on’s rival for the Republican nomina- pacity to detonate a nuclear weapon in aisle instantaneously condemned this tion in 1968, called for more contact the United States. Few realize how agreement. Some of us decided to take and communication. It was former Vice a little time and perhaps reflect on it, close we came to a nuclear confronta- President Hubert Humphrey, a Demo- read it, and reach out to people who tion. crat, who proposed the building of There were many hawks in Wash- were involved in it. bridges to the people of mainland ington during President John Ken- I took last week to read the 100-plus China. Then-Senator Ted Kennedy rec- pages of this agreement and to talk nedy’s administration who said let’s ognized President Nixon’s diplomatic further to our Nation’s top experts, in- take them on. Some even suggested a efforts toward China as a ‘‘magnificent cluding the Secretary of Energy Ernest full invasion of , but John Ken- gesture.’’ Other Members of the Demo- Moniz, Secretary of State John Kerry, nedy wisely pursued a careful balance cratic-controlled Congress agreed. and others, about this agreement, hop- of strength and diplomacy, using a There was a time when foreign policy ing I could come to understand exactly blockade and negotiations to bring us was bipartisan. There was a time when what was being offered by way of stop- back from the brink. Democrats would speak up defending a ping Iran from developing a nuclear Few people knew the Kennedy admin- Republican President, even when the weapon. istration was secretly negotiating with most conservative Members of his own I am under no illusions about the Ira- the Soviets while the Cuban Missile party were condemning him. nian regime. Its support for terrorist Crisis was unfolding, and ultimately Over time, President Nixon’s decision groups such as Hezbollah and Hamas is President Kennedy agreed to remove paid dividends in America’s interest. well documented, its abysmal human American nuclear-armed Jupiter mis- China moderated its foreign policy and rights record is well known, and its siles from Turkey and Italy as part of established better relations with our brutal suppression of its own people an agreement that Soviet Premier country. during the 2009 election in Iran is well Khrushchev remove Soviet nuclear These relations aren’t perfect, but we documented. missiles from Cuba. know we made progress and we are in Iran also continues to hold a number Are we going to say now in reflection negotiations. China sat with us on the of Americans on outrageous charges, that John Kennedy should never have same side of the table trying to stop including Amir Hekmati, Saeed negotiated during this crisis because Iran from developing a nuclear weapon. Abedini, and re- the Soviets were out to destabilize the More recently in the late 1980s, Presi- porter Jason Rezaian. world and to spread communism? dent Ronald Reagan began discussions I joined a few years ago, in 2007, with Let’s not forget when John Kennedy with Soviet leader Mikhail Gorbachev Republican Senator Gordon Smith in entered into this negotiation, the So- on the possibility of nuclear arms re- introducing the Iran Counter-Prolifera- viet Union had not only placed nuclear ductions. It was inconceivable when tion Act—key components of which be- missiles in Cuba—they were in the those talks started in October of 1986 came the basis for a strict petroleum process of placing them—but it was oc- that they could really negotiate. Who sanctions regime that helped bring cupying Eastern Europe and trying to would imagine that these two coun- Iran to the negotiating table. spread communism around the world. tries, the United States and the Soviet I voted for all the key sanctions bills The bloody Korean war, where my two Union, with thousands of nuclear war- against Iran, and I have tried to be a brothers served in the U.S. Navy, was a heads pointed at one another, could ac- consistent voice for increasing mili- war in which the Soviets helped the tually sit down and reach an agree- tary assistance to Israel. When I North Koreans against the United ment limiting the use of nuclear weap- chaired the Defense Appropriations States. Yet we sat down and negotiated ons? The Cold War was far from over at Subcommittee, I was proud to double with the Soviet Union. that time.

VerDate Sep 11 2014 01:31 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.036 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5193 In 1979 Soviet forces invaded Afghani- Imagine if 47 Senators, during the potential pathways to a bomb. It stan and continued to attempt to course of Ronald Reagan’s negotiation shrinks major portions of their nuclear spread communism. That led President with Gorbachev, had written in the infrastructure. It eliminates many Carter to halt efforts to negotiate the middle of those negotiations to Mr. parts of it. It extends the breakout SALT II Strategic Arms Limitations Gorbachev and said: Ignore President time to at least 1 year. Should Iran re- Treaty. The list of Soviet aggression at Ronald Reagan; don’t negotiate with nege on this and decide they are going that moment in time was lengthy. Yet him because we are not going to accept forward with a nuclear weapon, we be- it was President Ronald Reagan who it here in Congress. If that had hap- lieve that under this agreement it will said he would sit down and negotiate pened, there would have been cries of take them at least a year to achieve with the Soviet Union. treason for sending that kind of letter. it—a year in which we can put pressure I have an excerpt here from the Janu- It didn’t happen. Those were the days and more, if necessary. ary 17, 1988, New York Times about the when there was a bipartisan approach The agreement reduces Iran’s ura- opposition Ronald Reagan faced in ne- to foreign policy in the United States. nium stockpile by 98 percent, cuts its gotiating an arms agreement with the Today we have a chance and an op- number of centrifuges by more than Soviet Union. It may sound familiar to portunity with Iran that hasn’t pre- two-thirds, and for the next 15 years, what we are hearing today about Presi- sented itself for more than 30 years— caps its enrichment at 3.67 percent. It dent Obama’s efforts in Iran. the opportunity to prevent Iran from prevents Iran’s underground facility at Already, right-wing groups . . . have developing nuclear weapons. It is not Fordow from being used for uranium mounted a strong campaign against the INF going to solve all the problems with enrichment. treaty. They have mailed out close to 300,000 Iran overnight, but it does solve, I be- Iran is required to change its heavy letters opposing it. They have circulated lieve, one critical problem. The agree- water reactor at Arak so that it can no 5,000 cassette recordings of Gen. Bernard ment retains U.S. freedom of action to Rogers, former Supreme Commander of the longer produce weapons-grade pluto- North Atlantic Treaty Organization, attack- counter Iran in any part of the world. nium. How will we know? Because we ing it. And finally, they are preparing to run After all, if Ronald Reagan didn’t are helping to design and to monitor newspaper ads this month savaging Reagan stop trying to counter Soviet actions the fuel in and out of this facility and as a new Neville Chamberlain, signing an ac- after negotiating an arms treaty with verifying it every step of the way. cord with Hitler and gullibly predicting Gorbachev, President Obama will not All of us have deep suspicions about ‘‘peace for our time.’’ and should not stop working to dimin- Iran’s nuclear ambitions, and we These were conservative Republican ish Iran’s influence after this agree- should. What if they try to build a se- critics of President Ronald Reagan, ment. cret facility? Well, our negotiating I am under no illusions that for some who was negotiating with the Soviet team, led by an extraordinary man, period Iran did pursue a nuclear bomb. Union to try to limit the spread of nu- Secretary of Energy Moniz, designed a If that had happened, it would have clear weapons and was being likened to verification plan with no exits. Our been disastrous. And I am under no il- Neville Chamberlain. Does that sound team thought long and hard over the lusions that Iran lied in the past about familiar? last 2 years about how we might be In May of 1987, the conservative Na- these efforts. I know they did. But the able to stop cheating. For every poten- tional Review magazine had a cover agreement reached last week provides tial technique, they embedded a coun- with the title ‘‘Reagan’s Suicide Pact.’’ unprecedented safeguards and inspec- President Reagan eventually agreed tions to prevent Iran from building nu- termeasure in the text of the agree- with then-Secretary of State Schultz clear weapons now or in the future. ment. that arms control could and would im- The United States and its allies are This weekend Secretary Moniz ex- prove U.S. national security. strong enough to enter into this agree- plained that it would be ‘‘virtually im- In December of 1987, Reagan and ment, not because Iran is suddenly possible’’ to hide nuclear activities Gorbachev signed the Intermediate- trustworthy or an open democracy but under this agreement. It is the strong- Range Nuclear Forces Treaty, commit- because it serves our national security est nuclear verification system ever ting the two superpowers to eliminate interests to do it. imposed on a peaceful nation. Its end all of their nuclear and conventional Secretary of State John Kerry, Sec- result is that Iran will not be able to ground-launched ballistic and cruise retary of Energy Ernest Moniz, and do anything of significance without missiles with ranges of 500 to 5,500 kilo- Under Secretary of State Wendy Sher- being caught. And going back to Ron- meters. This treaty, the Reagan-Gorba- man negotiated this agreement with a ald Reagan, our inspectors will be on chev Soviet Union arms control treaty, single focus: Prevent Iran from getting the ground. was one of the first to rely on extensive any closer to obtaining a nuclear weap- The PRESIDING OFFICER (Mr. onsite negotiations for verification. on. They achieved that goal, and that GARDNER). The Senator’s time has ex- Do you remember who coined the is why I am supporting this effort by pired. phrase ‘‘trust but verify’’? It was Ron- the President to bring a more stable Mr. DURBIN. Mr. President, I ask ald Reagan in his negotiations with the and peaceful situation to the Middle unanimous consent for 5 additional Soviet Union. It took 5 months after East. minutes. Ronald Reagan reached this agreement To appreciate the magnitude of their The PRESIDING OFFICER. Without for this Chamber to vote 93 to 5 in challenge, let’s step back and take objection, it is so ordered. favor of that treaty at a time when the stock of Iran’s nuclear weapons pro- Mr. DURBIN. This agreement re- Democrats had a majority. I could go gram as it is today before this agree- quires the IAEA to have 24/7 access to through the long list of Democratic ment goes in place. Iran currently has all of Iran’s declared nuclear facilities. Senators who supported President Ron- enough nuclear material to make 10 This means in-person inspectors, re- ald Reagan in his efforts to try to cre- nuclear weapons. It has more than mote cameras, tamperproof seals—all ate a more peaceful world. 19,000 centrifuges, many of which are of the world’s most sophisticated de- Ultimately, because of that agree- more advanced and powerful. Imme- tection technologies. As one nuclear ment, more than 2,000 short-, diately prior to the interim agreement expert commented last week, ‘‘If a rat medium-, and intermediate-range mis- with the P5+1, Iran was enriching its enters a nuclear facility [in Iran], we siles were destroyed. Our relationship uranium to 20 percent. The breakout will know it.’’ with the Soviet Union didn’t improve time—the time it would take for Iran Critically, this intrusive monitoring overnight, and we certainly still have to develop a nuclear weapon—was esti- goes all the way into the nuclear sup- our problems with them today. But mated to be 3 months. It was an incred- ply chain, from uranium mines to cen- going back to what I said earlier, the ibly large and dangerous nuclear capa- trifuge production. We cover it all in Russians sat on the same side of the bility, growing at a significant rate, this agreement. table as the United States in this nego- and virtually unconstrained. That is It will allow IAEA inspectors to fol- tiation for this agreement to end the what this President inherited from the low every ounce of uranium from the threat, or at least delay the threat, of previous administration. ground to its final destination, and nuclear power and nuclear weapons in But thanks to this effort, this agree- every piece of nuclear infrastructure Iran. ment cuts off every single one of Iran’s from its creation to its use. If Iran

VerDate Sep 11 2014 04:49 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.038 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5194 CONGRESSIONAL RECORD — SENATE July 21, 2015 tries to divert anything to a covert fa- Brzezinski and Brent Scowcroft; Under bill, which is something we have to do cility, we will know. Secretaries of State Nicholas Burns on a fairly regular basis around here. This agreement also sets up a dedi- and Thomas Pickering; U.S. Ambas- Every so many years the authority to cated procurement channel. Any dual- sadors Ryan Crocker and Stuart spend out of the highway trust fund ex- use item Iran wants to purchase from Eizenstat; U.S. Senators Tom Daschle, pires, and we can’t fund the infrastruc- the international community must go Carl Levin, George Mitchell, Nancy ture needs that our country has in through this channel. Landon Kassebaum, and many others. terms of roads, bridges, construction, The U.S. and its allies have a veto We should do the same and support this maintenance, and all of those things over such purchases. It makes it al- agreement in the Senate. that are so important to our competi- most impossible for Iran to import I see the Senator from South Dakota tive economy. anything of benefit to a nuclear weap- is here, and I will wrap up. This week we have an opportunity to ons program. Let me conclude. When I sat down to do something that hasn’t been done Lastly, Iran must also abide by the read this agreement—and I don’t know around here in a long time, and that is Additional Protocol forever. This al- how many of my colleagues have—I to fund a multiyear highway bill. The lows the IAEA to have access to non- was struck on the third page with this reason that is important is because nuclear sites in a timely fashion, in as statement in the agreement with Iran: people who rely upon highway funding little as 2 hours. The agreement also Iran reaffirms that under no cir- that comes through the highway trust requires any disputes over access to cumstances will Iran ever seek, develop fund need to be able to make plans. these non-nuclear sites to be resolved or acquire any nuclear weapon. That is State departments of transportation, in short order. If not, Iran would be in quite a statement. It was our goal at those who are involved in the construc- violation of its commitments and sanc- this negotiation. Do I believe it? Some, tion, such as contractors, and all the tions could quickly snap back. but I have my doubts. That is why we people who are involved and the jobs Critics have complained about the had to have an inspections regime from that are associated with this process time period our nuclear experts nego- the Iranian mines right through the need the certainty that comes with a tiated. But as Secretary Moniz and production facilities. That is why we long-term bill. many others with Ph.D.’s have pointed had to dramatically cut back on their Today I was told that there have out, uranium has a half-life of 4.5 bil- capacity to build weapons-grade fuel, been 33 short-term extensions over the lion years. It doesn’t disappear like in- and that is why this agreement is last few years since the last long-term visible ink. It cannot be cleaned up in now—most of the countries believe— highway bill was passed, I believe, a matter of weeks. If Iran cheats, we moving us in the right direction in somewhere around the 2005 timeframe. will know. Iran. I was part of that. I was a member of President Reagan was correct to ne- There are critics. We heard a lot of the Environment and Public Works gotiate with the Soviets when there them here in the Senate. There isn’t a Committee at the time. I worked on were strategic openings and President single critic who has stepped up with a highway bills as far back as my days in Obama is doing the same thing with better idea. They said: Well, let’s go the House of Representatives, when I the Iranians. The potential benefits of back to the sanctions regime. The served on the Transportation and In- this deal are too significant, and the countries that joined us in that sanc- frastructure Committee. This is some- costs of not doing so too high, to just tions regime did it to bring Iran to the thing that we have to do here on a reg- walk away. negotiating table, and it worked. They ular basis if we are going to ensure If we walked away, the international now have an agreement they believe in that we have a competitive infrastruc- sanctions regime would crumble and and we should believe in too. To think ture in this country suitable to moving Iran would have few if any restrictions that we are going to renew sanctions or people and goods in a way that keeps on its program. Imposing more sanc- place unilateral sanctions—that to me our economy moving forward and grow- tions or simply bombing Iran today is not likely to occur if Iran lives up to ing. That is why, in my view, when we would create an even greater security the terms of this agreement. have an opportunity to get a multiyear risk to the region. I will add the other alternative. We bill, we shouldn’t pass on it. In fact, if we bombed Iran today, it know the cost of war. We know it in If we continue to pass 6-month and 1- would almost certainly withdraw from human lives, we know it in the casual- year extensions, all we are simply the Nuclear Nonproliferation Treaty ties that return, and we know it in the doing is kicking the can down the road. and kick out inspectors. As soon as cost to the American people. Given a I would say that 33 short-term exten- that happens, Iran’s nationalistic back- choice between the invasion of Iran or sions is not a very good way to run a lash would almost assure that the re- working in a diplomatic fashion toward railroad and certainly not a very good gime would build a nuclear bomb. Over a negotiation so we can lessen this way to run a highway program. the longer term, if Iran were to fail or threat in the world, I think President I know there are going to be dif- cheat despite its international commit- Obama made the right choice. ferences. The committee that I chair, ment, we retain the right to use mili- I support this administration’s deci- the commerce committee, was involved tary force and we would be in a much sion to go forward with this agreement. with marking up portions of the high- better position internationally to do I will be adding my vote to the many in way bill that pertained to highway so. And accepting this deal does noth- the Senate in the hopes that we can see safety and some railroad provisions ing to stop the U.S. and allied efforts a new day dawning and in the hopes too and other items that would be included from countering Iran’s behavior else- that like President Nixon and Presi- in this bill. We worked on that through where in the world. Key sanctions on dent Reagan and even like other Presi- the weekend, and I think we addressed Iran’s support for terrorist groups will dents before us who have sat down to many of the concerns that Members on remain in place. Our support for re- negotiate with our enemies, at the end both sides had, and I feel very good gional allies will remain strong, if not of the day we will be a safer and about where that part of the bill is. I stronger. And, critically, an Iran deter- stronger nation because of it. worked as a member of the Finance mined to destabilize parts of the Mid- I yield the floor. Committee and tried to find ways to dle East with a nuclear weapon in its The PRESIDING OFFICER. The Sen- pay for this. arsenal, will no longer be an option. ator from South Dakota. If we can get a multiyear bill in place No doubt this is why some 60 of the f that provides the certainty, the pre- most respected names in foreign pol- dictability, and the reliability that we icy, Democrats and Republicans alike, THE HIGHWAY BILL need in our highway funding process in recently wrote in support of this agree- Mr. THUNE. Mr. President, I will this country, it would be a very good ment. Those signing included Sec- speak about the Iran nuclear agree- thing. As we all know, it is incredibly retary of State Madeleine Albright; ment in just a moment. But before I do important to economic growth and to Secretary of Defense William Perry; that, I will briefly talk about the legis- jobs. The certainty that comes with a Secretary of the Treasury Paul O’Neill; lation before us on the floor, and that long-term bill is something that we all National Security Advisors Zbigniew is the reauthorization of the highway ought to strive for.

VerDate Sep 11 2014 04:49 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.008 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5195 So I hope, notwithstanding the dif- deal a ‘‘historic mistake,’’ and neigh- the equipment and production capacity ferences that exist in the vote we had boring countries like Saudi Arabia ex- it would need to build a bomb. earlier, that tomorrow when we take pressed concern that this agreement I haven’t even mentioned other areas up this legislation again we will get may actually increase the threat Iran of concern with this agreement. the votes that are necessary to proceed poses to their security. In exchange for Iran’s agreeing to— to the bill and begin to move forward Then, of course, there was Iran’s re- supposedly—stop its effort to acquire a with the process in the hopes that we action. Iran’s President hailed the nuclear weapon, billions of dollars in might get something to the House that agreement, while Iranian Supreme Iranian assets will be unfrozen and the they might be able to act on and then Leader Ayatollah Ali Khamenei praised sanctions that have crippled the Ira- we can get it to the President’s desk. negotiators. nian economy will be lifted. Right now, Then, at least for the foreseeable fu- Lest anyone think this marked a despite its struggling economy, Iran ture, we can get this issue dealt with softening of Iran’s attitude toward the manages to provide funding and other so we don’t have to come back and do United States, however, Khamenei em- support to Syria’s oppressive govern- this every 6 months or every 3 months phasized that ‘‘our policy toward the ment, to Hezbollah in Lebanon, Hamas or whatever those 33 extensions have arrogant U.S. government won’t in the Gaza Strip, to Houthi rebels in consisted of over the past few years. change at all.’’ Echoing the chants Yemen, and to militias in Iraq. It is coming from the people, he stated, not hard to imagine what it will do f ‘‘You heard ‘Death to Israel,’ ‘Death to with the billions of dollars it will gain NUCLEAR AGREEMENT WITH IRAN the U.S.’ . . . we ask Almighty God to access to under this agreement. The deal negotiators reached with Mr. THUNE. Mr. President, former accept these prayers by the people of Iran will also expand Iranian access to President Jimmy Carter was recently Iran.’’ conventional weapons and interconti- asked about President Obama’s suc- These are not the words of a reliable nental ballistic missiles, which are cesses on the world stage. He said in re- partner. These are the words of the generally used as a vehicle for the de- sponse: world’s leading state sponsor of ter- rorism. livery of nuclear weapons. While the I think they’ve been minimal. . . . [O]n the There is good reason to be concerned deal does temporarily extend restric- world stage, just to be as objective about it as I can, I can’t think of many nations in the about this agreement. This deal not tions on the import of these weapons, world where we have a better relationship only fails to provide reassurance that it does so for just 5 years in the case of now than we did when he took over. Iran will not acquire a nuclear weapon, conventional weapons and for just 8 He went on to say: it may actually enhance Iran’s chances years in the case of ballistic missiles. of acquiring a bomb. That means that in as few as 8 years, If you look at Russia, if you look at Eng- For starters, this deal fails to include land, if you look at China, if you look at Iran will be able to purchase a ballistic Egypt and so forth—I’m not saying it’s his any adequate method of verifying that missile capable of delivering a nuclear fault—but we have not improved our rela- Iran is complying with the agreement. warhead. tionship with individual countries and I Time and time again, Iran has made it Obviously, there is a lot to be con- would say that the United States influence clear that it cannot be trusted to com- cerned about when it comes to this and prestige and respect in the world is prob- ply with any deal. Iran has a history of deal, and after the agreement was re- ably lower now than it was six or seven years building nuclear facilities in secret. leased last week, both Democrats and ago. The enrichment facility at Fordow, Republicans expressed the desire to ex- That is former President Jimmy Car- which will remain in place as part of amine those provisions and hear from ter describing current President this agreement, is just one example of members of the administration. So Obama’s foreign policies. Unfortu- an enrichment facility that was origi- what did the President do? He declared nately, that is an accurate assessment nally hidden from the outside world. that the agreement was a triumph of of President Obama’s rocky history on The fact that Iran cannot be relied on diplomacy and took immediate action foreign policy. to follow the outlines of an agreement to send the bill to the United Nations Last week’s deal with Iran does not means that verification—specifically, for a vote. That is right. The President look likely to improve the President’s ‘‘anytime, anywhere’’ inspections of didn’t wait to hear from Members of record of minimal success on the world suspicious sites—is an essential part of Congress or the American people; he stage. Last week the administration any credible deal. But the final deal just went ahead and asked the United announced that the United States— that emerged doesn’t come close to en- Nations for its approval. In other along with five other nations—had suring anytime, anywhere inspections. words, the President unilaterally com- reached an agreement with Iran that It does provide for 24/7 inspections of mitted the United States to supporting the administration claims will prevent Iran’s currently known nuclear sites, the deal without knowing whether the Iran from acquiring a nuclear weapon. but it forces inspectors to request ac- United States Congress or the Amer- The contents of the agreement, how- cess to any other site they deem sus- ican people are in favor of the agree- ever, were met with skepticism and picious. Iran can refuse requests, and ment. This is especially disappointing concern from a number of quarters. appealing those refusals could take considering that just 21⁄2 months ago, Former Senator and Democratic close to a month, leaving the Iranians Democrats and Republicans in the Sen- Presidential candidate said plenty of time to hide evidence of sus- ate voted overwhelmingly to require that the deal sends a signal that ‘‘we, picious activity. that the President submit full details the United States, are accepting the Forcing Iran to dismantle its nuclear of any nuclear agreement to Congress eventuality that they will acquire a infrastructure and halt uranium en- before it could be agreed to. The Presi- nuclear weapon.’’ richment would have provided some as- dent signed this legislation—the Iran The senior Senator from New Jersey surance that Iran’s quest for a bomb Nuclear Agreement Review Act—into said, ‘‘The bottom line is: The deal had been halted. But the nuclear agree- law on May 22, but apparently he feels doesn’t end Iran’s nuclear program—it ment the administration helped reach free to ignore the spirit, if not the let- preserves it.’’ doesn’t require Iran to dismantle any ter, of the act. The Washington Post noted that of its nuclear infrastructure. The When word emerged that the Presi- Tehran ‘‘fought for, and won, some agreement does require Iran to take dent was going to send a resolution di- troubling compromises’’ on inspec- some of its centrifuges offline, but they rectly to the U.N. without waiting for tions, especially considering Iran’s do not have to be removed or disman- the American people or Congress to record of violations. The Post also tled—simply put into storage. weigh in, both Democrats and Repub- pointed out what many Republicans The agreement also explicitly allows licans asked the President to hold off. have noted—that ‘‘Mr. Obama settled Iran to continue enriching uranium. Democrats who requested that the for terms far short of those he origi- While it prohibits Iran from enriching President wait to submit the agree- nally aimed for.’’ uranium to the level required for a nu- ment included the leading Democrat on Israel, the only functioning democ- clear weapon, the restriction is of lim- the Senate Foreign Relations Com- racy in the Middle East, called this ited value considering that Iran retains mittee, who characterized the White

VerDate Sep 11 2014 01:31 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.041 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5196 CONGRESSIONAL RECORD — SENATE July 21, 2015 House’s decision as ‘‘somewhat pre- didate who campaigns on fighting cli- studied the issue from a variety of angles sumptuous,’’ and the Democratic whip mate change. and disciplines over many decades. Those of in the House of Representatives, who Polling from the Florida Atlantic us signing this statement have spent hun- said, ‘‘I believe that waiting to go to University shows that more than 73 dreds of years combined studying this prob- percent of U.S. Hispanics—a pretty key lem, not from any partisan political perspec- the United Nations until such time as tive, but as scientists—seekers of evidence Congress has acted would be consistent voting block—think global warming is and explanations. As a result, we feel unique- with the intent and substance of the a serious problem. Sixty-two percent of ly qualified to assist policymakers in finding Nuclear Agreement Review Act.’’ Republican Hispanics are concerned solutions to adapt and mitigate so we can Circumventing elected Members of about this. And I have said this before: protect the people of this state and their en- Congress to gain the U.N.’s approval If you ask Republican voters under the terprises and property. before Congress has had a chance to re- age of 35, they will tell us that climate So it is OK if we are not scientists. view the agreement suggests that the denial is ‘‘out of touch,’’ ‘‘ignorant,’’ or The scientists are there to help. They President has a higher regard for the ‘‘crazy.’’ Those are the words they se- have offered to, and they understand United Nation’s opinion than for the lected in the poll—not my words. this. opinion of the American people. So we might expect Presidential While my Senate colleague from President Obama is apparently bet- hopefuls to incorporate climate action Florida is unsure about his own home ting on the chance that in 10 years’ into their campaign platforms. We State climate science, he seems quite time, Iran’s views toward the rest of might expect the Republican can- certain about the economics of policies the world will have changed and will no didates to address this problem in an to curb carbon pollution, such as cap longer be seeking death to Israel and honest and straightforward manner. and trade. ‘‘I can tell you with cer- America or furthering terrorism in the But we would be wrong. What have we tainty,’’ he has said, ‘‘it would have a Middle East. It is a nice notion, but seen from the Presidential hopefuls? devastating impact on our economy.’’ nothing in Iran’s history of terrorism, These candidates avoid any serious I would suggest that the Senator violence, and deceit suggests it is a sce- talk of climate change even as their from Florida take a closer look at the nario that is likely to come to pass. own home States face climate and facts because his position on these two And if it doesn’t happen, as a result of ocean disruptions. issues boils down to wrong and wrong- So in the weeks ahead, I will take a this agreement, Iran will be in a much er. I know this because my home State look at the Presidential candidates on better position to develop a nuclear is one of nine Northeastern States that climate change and what is up in their weapon than it is today, as even the require utilities to buy carbon emis- home States. Today I will look at Flor- supporters of this deal acknowledge, sions allowances. We are actually doing ida, home to 20 million Americans, in- not to mention that Iran will be in a it. The proceeds are directed back into cluding two of the top Republican Pres- position to purchase the missiles nec- the regional economy through things idential candidates. essary to deliver nuclear weapons to lo- such as energy efficiency investments A swing State with 29 electoral votes, and renewable energy projects. And we cations in the Middle East and beyond. Florida is a major political prize. Flor- have the results. The results are in. During negotiations on this deal, it ida is also ground zero for climate Just from 2012 to 2014, the program became obvious that the President was change. With over 1,200 miles of coast- generated $1.3 billion in economic ben- determined to make reaching an agree- line, Florida is uniquely vulnerable, for efits for New England, and it saved ment with Iran his legacy. It is pos- instance, to sea level rise. So what do consumers over $400 million in energy sible that he will get his wish, but it Florida’s two Presidential candidates costs. This climate solution was a may not be the legacy he wanted. have to say about climate change? boost to the economy, and it cut car- I yield the floor. Well, it seems they are not sure. I suggest the absence of a quorum. ‘‘I don’t think the science is clear of bon dioxide emissions in the region by The PRESIDING OFFICER. The what percentage is man-made and what a quarter. clerk will call the roll. percentage is natural. It’s convoluted,’’ The Republican candidates from The legislative clerk proceeded to says former Florida Governor Jeb Florida are running against the facts call the roll. Bush. and they are running against the opin- ions of experts and local leaders in Mr. WHITEHOUSE. Mr. President, I ‘‘[T]here’s never been a moment where the ask unanimous consent that the order climate is not changing,’’ says Florida’s jun- their own home State. In a June 19 edi- for the quorum call be rescinded. ior Senator. ‘‘The question is: what percent- torial, the Sun Sentinel praised The PRESIDING OFFICER. Without age of that . . . is due to human activity?’’ Francis’s recent encyclical on climate objection, it is so ordered. Scientists tell us that warming is change and its call to swift action, be- Mr. WHITEHOUSE. I ask unanimous ‘‘unequivocal’’—that is a strong word cause of the threat climate change consent to speak in morning business for scientists to use, unequivocal—and poses to South Florida. The editors for 20 minutes. that human activity is the dominant wrote that ‘‘the Pope’s declaration The PRESIDING OFFICER. Without cause of the changes we have seen—in- puts pressure on [the candidates] . . . objection, it is so ordered. deed, the only plausibly valid expla- because they are Floridians . . . and f nation. because they aspire to be national lead- Both Presidential hopefuls from Flor- ers.’’ The editors continue: ‘‘Can- CLIMATE CHANGE ida have invoked the now classic denial didates who aspire to be inclusive, ef- Mr. WHITEHOUSE. Mr. President, as line ‘‘I am not a scientist.’’ Well, good fective leaders cannot see . . . science the Presiding Officer knows, as he has thing, then, that we are not elected to through a political lens.’’ That is the suffered through a considerable number be scientists. We are elected to listen Sun Sentinel. of them, this is the 107th time I have to them. And if these two Floridians Thomas Wenski of the come to the floor to urge my col- were listening to their own best sci- Roman Catholic Archdiocese of Miami leagues to wake up to the threat of cli- entists, they would learn a lot. explained Pope Francis’s message to mate change. All over the United In fact, 42 scientists from Florida col- the . ‘‘What the Pope is States, State by State by State, we are leges and universities wrote an open saying is, ‘Let’s talk about this,’ ’’ the already seeing the real effects of car- letter to Florida State officials. ‘‘It is archbishop said. ‘‘And that requires— bon pollution. We see it in our atmos- crucial for policymakers to under- whether you’re a Democrat or Repub- phere, we see it in our oceans, and we stand,’’ they wrote, ‘‘that human activ- lican or left or right—it requires that see it in our weather, in habitats, and ity is affecting the composition of the you transcend your particular interest in species. atmosphere which will lead to adverse or ideological lens and look at the The American people see it. Two- effects on human economies, health issue from the common good.’’ thirds of Americans, including half of and well being’’—not so convoluted For Florida, that common good is Republicans, favor government action after all. imperiled by climate change. South to reduce global warming, and two- The letter continued: Florida has seen almost 1 foot of sea thirds, including half of Republicans, The problem of climate change is not a hy- level rise in the last 100 years. The would be more likely to vote for a can- pothetical. Thousands of scientists have Southeast Florida Regional Climate

VerDate Sep 11 2014 04:49 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.042 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5197 Compact is a bipartisan coalition—Re- minute. Imagine that. But Florida’s ating more burdensome regulations publicans and Democrats—of four Presidential candidates have no plan. that did not solve the crisis, and, in South Florida counties. Those four The mayor of Monroe County, Sylvia many ways, made it worse. You are South Florida counties predict that the Murphy, a Republican, has put climate going to hear a lot about the failures of waters around southeast Florida could and energy policy at the heart of her the Dodd-Frank Act over the next few surge up to another 2 feet in less than 20-year growth plan for the county. years. 50 years. Our children will live to see Why? Her county covers all of the Flor- From what was intended to rein in that. ida Keys and some of the Everglades. five major banks who led us into trou- I visited Florida on my climate tour She is going to lose a lot of it if we ble in the 2008 crisis, has created unin- last year. I heard firsthand about the don’t get ahead of this, and she also tended consequences today that are af- threats climate change poses to the sees what is happening to her reefs off- fecting thousands of small town re- Sunshine State from Glenn Landers, shore. gional banks across our country. I rise senior engineer at the U.S. Army Corps Yet, despite the overwhelming con- today to speak about one agency cre- of Engineers, Everglades Division. En- sensus of scientists in their own State, ated by the Dodd-Frank law, the Con- gineer Landers has worked on water re- Florida’s Republican Presidential can- sumer Financial Protection Bureau, or sources and restoration projects in didates have got nothing. The junior the CFPB. While many Americans may Florida for nearly 20 years. This is the Senator from Florida even suggested not have heard of the CFPB before, map he used to show me what just 2 that we should wait for China to take they will in the future. This agency feet of sea level rise means for South action before we address this problem. touches every aspect of people’s lives, Florida. What it means for South Flor- The junior Senator from Florida, on from credit card records, mortgage ap- ida is there is a lot less of South Flor- foreign policy, has spoken often about plications, student loans, and car sales ida above water. the need for American leadership on to much more. Florida is home to some of the coun- issues of global importance, saying, for The CFPB seemingly knows more try’s top universities and research in- instance, that America must ‘‘continue about American consumers than we stitutions. The Florida Climate Insti- to hold this torch’’ of peace and lib- know about the very agency that is tute is a network of scientists and re- erty. Earlier this year, Jeb Bush supposed to be protecting them. Ac- search programs from eight univer- echoed that sentiment, saying, ‘‘Amer- cording to a report by the Government sities, including the University of Flor- ican leadership projected consistently Accountability Office, every month the ida, Florida State, and the University and grounded in principle has been a CFPB scrubs data on credit card trans- of Miami. The Florida Climate Insti- benefit to the world.’’ Well, fine words, actions, debit card transactions, con- tute is dedicated to ‘‘climate research but where is their leadership on cli- sumer mortgage loans, car loans, and in service of society.’’ These are some mate change? They got nothing. hundreds of thousands of other per- of Florida’s brightest minds. It is our responsibility as a great na- sonal financial information. This leads Recognizing businesses’ and commu- tion to set an example for others to fol- to several questions. Why are they col- nities’ need for useful data and solu- low, not to sit back and wait for others lecting this information in the first tions that are based on Florida’s to act. Failing to act on climate place? How does collecting credit card unique characteristics, the Florida Cli- change would both dim our own na- statements help protect consumers? mate Institute publishes research to tional torch and give other nations an How secure is all of this data? help improve understanding of the in- excuse for delay. Failure, with the Unfortunately, we know very little creasing climate variability in Florida. stakes this high, becomes an argument about what the CFPB is doing with all If Florida’s leaders respond responsibly for our enemies against our very model of this sensitive information, except to the changing climate, writes the of government. As Pope Francis said, looking for additional opportunities to group, ‘‘Florida is well positioned to ‘‘The world will not forget this failure regulate. Remember, before 2009 we al- become a center of excellence for cli- of conscience and responsibility.’’ We ready had six prudential regulators mate change research and education will own that. mandated, among other things, to pro- and a test bed for innovations in cli- The question is why Republican Pres- tect the consumer. Yet as a result of mate adaptation.’’ idential candidates refuse to engage on 2008, instead of streamlining and con- Well, responsible officials in Florida climate change. They ignore their own solidating, we actually added a seventh are already taking action. My friend home State universities. They ignore prudential regulator charged with con- the senior Senator from Florida took their own home State mayors, local of- sumer protection, the CFPB. the Senate commerce committee to ficials. They ignore their own home Today, the CFPB operates on top of Miami Beach town hall to examine the State engineers. Why? Why, when the the existing regulators, in addition dangers posed by rising seas. The evidence is so plain? Why the pretense to—not in replacement of—these agen- Miami Herald said this about Senator that climate solutions are bad for the cies, and duplicating efforts among NELSON’s efforts to raise awareness economy when actual experience these other agencies. By design, Dodd- about the threat to his State: proves that is not true? Why the pre- Frank ensured that the CFPB does not South Florida owes [Senator] Nelson its tense? Why can’t they credibly speak have the same oversight control as thanks for shining a bright light on this about America’s responsibility to lead? other agencies. Currently, Congress issue. Everyone from local residents to elect- Why would they have us ignore one of does not even have control over how ed officials should follow his lead, turning the most pressing national and global the Bureau spends its funds or is even awareness of this major environmental issue issues of our time? appropriated. into action. It is critical to saving our re- All I can hope, for their sake and for The CFPB operates outside the reg- gion. ours, is that they soon wake up. ular appropriations process of Con- In Fort Lauderdale, Mayor Jack I yield the floor. gress, which other independent agen- Seiler is working with NOAA and State Mr. PERDUE. Mr. President, I ask to cies, such as the Securities and Ex- and Broward County officials and the speak for up to 5 minutes in morning change Commission, the Federal Trade South Florida Regional Planning Coun- business. Commission, the Consumer Product cil to protect his city from flooding The PRESIDING OFFICER. The Sen- Safety Commission, and others, are all and climate change. Yet on climate ator is recognized. subject to. Why would any government change, Florida’s own Presidential can- f agency with access to that much con- didates have got nothing. Zero. No sumer data be unaccountable to Con- plan. CONSUMER FINANCIAL gress? Recently, I introduced legisla- Miami Beach Mayor Philip Levine PROTECTION BUREAU tion to help shed more light on this showed me the huge pumps his city has Mr. PERDUE. Mr. President, 5 years agency and bring the CFPB under the installed to pump out the floodwaters ago today, President Obama signed appropriations process of the Congress. that come in on high tides from the ris- into law the Dodd-Frank Act. Fol- The sheer volume of consumer data ing seas and with storms. Each pump lowing the 2008 financial crisis, Wash- being collected by the CFPB is con- can move 14,000 gallons of water per ington passed this 2,300-page bill, cre- cerning and ripe for abuse.

VerDate Sep 11 2014 01:31 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.044 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5198 CONGRESSIONAL RECORD — SENATE July 21, 2015 In fact, the GAO and the Federal Re- where I have watched him go through We did it through a comprehensive serve inspector general both have numbers. I once mentioned that he bill—2,300 pages. I do not like com- warned about the need for increased se- knew how to balance the budget be- prehensive bills. The purpose of com- curity. Without full congressional cause he had been in business before, at prehensive bills is so that they are in- oversight, how can we be sure this con- which point he corrected me and said: comprehensible, so that people cannot sumer data is secure? What kind of In business, you don’t get to just bal- understand them. The best way to leg- records does the CFPB keep? How ance the budget. He is very correct on islate is to take things in logical pieces would we know if it has been com- that. and solve that problem in a way that promised? We have already seen the We are at a point where we cannot af- all of America can come along with and devastating effect of data breaches all ford to just balance the budget. We understand. over our Federal Government, and the have to start paying down some of the Those problems are unintended con- damage it is doing to the American debt if we expect our kids to ever be sequences when they are in comprehen- people across all sectors of our govern- able to afford the interest. So I thank sive bills. In correspondence and con- ment, including the most recent OPM him for his comments. I am going to versation with folks from Wyoming data breach, impacting millions of pile on with some more comments over the years, I have said that I treat Americans and some of our intelligence about some of those same things. I all legislation the same. I read it and I assets abroad. want to talk about what I have talked consider both intended and what might We have seen the potential exposure about several times over the past 5 be unintended consequences of the leg- of extremely sensitive national secu- years; that is the Dodd-Frank Act, islation. What I am here to talk about rity information. Also, we recently had which passed this body 5 years ago today are some of the consequences of a debate about privacy regarding the today, July 21, 2010. the Dodd-Frank Act after 5 years. NSA metadata program. Many of my This mammoth bill, which totaled First, there is the too-big-to-fail colleagues expressed outrage for the 2,300 pages, has, 5 years later, led to question. The Dodd-Frank Act was sup- scope of the NSA program, even when many thousands of pages of rules and posed to make it so American tax- the mission was protecting national se- regulations. It is estimated that only payers would, according to President curity. We are now talking about an 238 of the 390 rulemakings required by Obama, ‘‘never again be asked to foot agency collecting massive amounts of the law have been completed—millions the bill for Wall Street’s mistakes. . . . personal consumer data, many times of pages, and we still only have 238 of there will be no more tax-funded bail- more data than the NSA program. 390 rulemakings that the 2,300-page bill outs—period.’’ The CFPB’s goal claims to be con- required. Theoretically, then, tens of Dodd-Frank increased capital re- sumer protection. For all we know, thousands of pages of more regulations quirements, it increased liquidity re- this information they are collecting is can be expected in the coming years— quirements, and it has been adding even more susceptible to security regulations that do not fix too big to rules and new regulations steadily for threats and security breaches. If there fail, regulations that unduly burden the last 5 years. Folks who support the is one thing we can agree upon, we our community banks and our credit law would say all of those things are need to make sure all Americans’ per- unions, regulations that cover a host of good things and make for a more se- sonal information is safe and secure— industries that did not contribute to cure financial sector. However, one of especially from Washington. If some the financial crisis. And it does com- the contributors to too big to fail was were upset about privacy in the NSA promise the privacy of Americans. the consolidation of banks and the fi- debate, we should certainly be paying I would like to take this opportunity nancial industry, a byproduct of which attention to what the CFPB is doing to expand on these ideas. First of all, I was the reduction of the number of with this personal information today. would like to point out that I actually smaller community banks that serve Getting the CFPB under congres- read the whole bill. I read it. I high- small business owners, families, farm- sional oversight should not be a par- lighted it. I put in colored tabs in dif- ers, and ranchers, the people who actu- tisan issue. In order to protect con- ferent sections so I could refer to them ally know their customers. But thanks sumers, we need to know what is going easily. Then I talked to my colleagues, to the massive amount of rules and on in the very government agency and I spoke on the floor to raise con- regulations, the Dodd-Frank has re- tasked with protecting them. That is cerns about the bill roping in indus- sulted in the compliance costs for com- why we need to put in place more tries that did not cause the financial munity banks and credit unions going transparency—not less—more control, crisis, about the fact that it did not fix up significantly, and it increased the and more oversight. We can start by too big to fail. I raised a real ruckus likelihood of consolidation. That fails bringing the CFPB under congressional about the creation of the Consumer Fi- the consumer. oversight immediately so we can actu- nancial Protection Bureau, known as Smaller community banks struggled ally protect consumers and stop the po- the CFPB, when they were trying to to keep up with the flow of regulations tential for abuse, fraud or identity just kind of gloss over it and its ability and compliance costs. For example, theft. to collect the financial information of since the passage of Dodd-Frank, the While this agency was originally de- American citizens without their con- average compliance cost for larger in- signed to protect consumers, one can sent. stitutions is about 12 percent of oper- only wonder how Washington’s col- I filed a simple amendment that ating costs. For community banks, the lecting so much personal information would have required this Consumer Fi- cost to comply with the same regula- will actually protect us. I will be nancial Protection Bureau to obtain tions, a one-size-fits-all approach is 21⁄2 speaking much more on this topic as written permission from consumers be- times greater, or 30 percent of the oper- the weeks go by. Let it be said tonight, fore collecting their information. Of ating costs. That is a big bite. though, that on the fifth anniversary course, my amendment was not al- I was visiting some of those commu- of Dodd-Frank, we are beginning to lowed a vote and now the CFPB is col- nity banks and listened to them talk look at the unintended consequences of lecting massive amounts of personal fi- about the different regulations they this rogue agency, the CFPB. nancial data. So here we are 5 years now had to comply with. One of them I yield the floor. later, and hindsight has proven that had made this magnificent chart so The PRESIDING OFFICER. The Sen- many of the concerns I raised during that all of their loan officers could ator from Wyoming. the consideration of this bill were both follow along and make sure they f valid. got all of the parts of the procedure I have often said that knee-jerk reac- that this law had in regulation at that DODD-FRANK ACT tions to legislative form have a very time. Now, they had to hire a compli- Mr. ENZI. Mr. President, first, I real danger of overcorrecting and caus- ance officer as well. would like to thank the Senator from ing a myriad of problems. In fact, some They had been able to handle that Georgia for his outstanding comments. people say that if it is worth reacting part themselves before. But after they He is truly a great addition to this to, it is worth overreacting to. That is explained all of this to me, I said: Now, body and to the Budget Committee, exactly what happened here. let’s see. My wife would kind of like to

VerDate Sep 11 2014 01:31 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.046 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5199 expand the kitchen in our house. We fices’ renovation budget has spiraled to data collection. I spoke about the data have added onto it once before. If I over $216 million and faces almost no collection before the confirmation of wanted to get a loan from you, how accountability to Congress. I don’t Richard Cordray to be the Director of long would it take me to get the loan? have enough time allotted to talk the CFPB on July 16, 2013. I was the I said: I have a house in Gillette, and I about all the activities of the CFPB, only Senator to speak before this vote, have a house in DC, and I have both of but make no mistake, this agency’s and I repeated something I said during them paid for. So we really do not have reach has increased exponentially over the debate of the Dodd-Frank Act that any outstanding debt. How long would the past 5 years to the point where it is I think bears repeating again. On May that take? now taking enforcement actions cov- 20, 2010, I said: They said: A minimum of 77 days. ering telecommunications companies This bill was supposed to be about regu- Then, of course, there would have to be and has broadened its authority over lating Wall Street; instead it’s creating a an extra week so that if you decided it the auto industry, which was specifi- Google Earth of your every financial trans- was not a good deal, you could undo cally exempted from the CFPB in the action. That’s right—the government will be able to see every detail of your finances. the loan. Dodd-Frank bill. They can look at your transactions from the I wanted the loan. I wanted it 77 days Let me tell you how that happened. I 50,000 foot perspective or they can look right before. I had to wait that long, and did a bunch of speeches on the floor. I down to the tiny details of the time and then there is a week for it. But here is was interested in that third section. place where you pulled cash out of an ATM. another kicker that is in the bill. The The first section was about the banks, I talked about some of the data we Consumer Financial Protection Bureau the second was about hedge funds, and had at that time. I am, unfortunately, has up to 150 days to tell me that I the third was about the new Consumer going to expand on those comments be- made a bad loan and cancel it. Hope- Financial Protection Bureau that cause the CFPB continues to collect fully, the construction would already wasn’t going to have any control by massive amounts of data without con- be started by that time. anybody. sent of the consumers. Well, I remember when I wanted to I found that little paragraph in there The Government Accountability Of- do that addition on the house. I went that said they have the ability to can- fice, GAO, is a nonpartisan, inde- to my banker, and I explained to him cel a loan up to 150 days after the bank pendent agency that investigates how what I wanted to do. It took me a and the person—or whomever they are the Federal Government spends tax- whole day to get that loan—a whole borrowing the money from—and the payer dollars. They released an exten- day. Now, it is going to take 77 days, person receiving the money agreed to sive report on September 2014 detailing plus 1 week, and then I guess we have the loan. They can cancel it. I pointed the data collection of the CFPB. Here to wait 150 days to see if the Consumer that out in speeches. is what they found. Financial Protection Bureau is going One group of people listened to me. It Of the 12 large-scale collections they to decide that they know better than I was the automobile dealers. The auto- reviewed, three included information know. mobile dealers flooded Washington that identified individual consumers. My State of Wyoming is one of the with lobbyists, and they got an exclu- The CFPB said those three collections most rural in the country. We had sion in the bill for automobile loans. weren’t subject to the Dodd-Frank pro- mostly community banks in Wyoming. That is the only exclusion in there. Of hibition on collecting personally iden- I can attest that every visit I have had course, they are being retaliated tifiable information. with banks in Wyoming since this law against now for that, and I will talk What? The CFPB is collecting infor- passed has had one main subject that about that in just a minute too. The mation on 700,000 auto sales per month, remains constant: We are being CFPB issued a final rule on June 10 10.7 million consumer credit reports crushed under the weight of these regu- that would allow it to supervise per month, 25 million to 75 million in- lations. We are having to make tough nonbank companies qualified as larger dividual credit card accounts, 29 mil- choices about the services we provide. participants of a market for auto- lion active mortgage loans, and 173 Some of these banks are starting to mobile financing, along with a separate million total loans, as well as one-time consolidate with larger banks and be- rule defining certain auto leases as a fi- collections of 5.5 million private stu- come branches. Credit unions are not nancial product or service. dent loans and 15 million to 40 million faring any better. According to the Na- What does this mean? It means the payday loans. This isn’t the whole list, tional Association of Federal Credit CFPB has expanded its oversight pow- this is a sample rundown. Let’s see, Unions, more than 1,250 credit unions ers by saying: Oh, yes, auto leases are they are into the automobile sales, ev- have disappeared since the passage of a financial product. They don’t like erything with your automobile sales, Dodd-Frank. Of that number, over 90 what they did to us. It is a service, and your consumer credit reports, your percent had fewer than $100 million in we are allowed to regulate those. So we credit cards, your mortgage loans, your assets, and the No. 1 reason they give will just increase our level of oversight total loans, your student loans—and, if for having to merge out of the business over this industry. you do it, payday loans. Again, that is was the inability to keep up with the In fact, they have even taken a look just a sample rundown. regulatory burden they face. at some of the loans that have been re- Let’s take a minute to let these num- This is one unacceptable consequence sold by automobile dealers and said bers sink in. The CFPB collects infor- of the Dodd-Frank law and one folks on those were discriminatory because mation on 25 million to 75 million cred- both sides of the aisle should be ap- they weren’t the same. Well, when you it card accounts on a monthly basis. palled by. Now, equally appalling— go to the bank to sell a loan, you don’t They want to be able to monitor 95 per- maybe more appalling—is the impor- get the same deal every day, so that is cent of all credit card transactions by tance the Dodd-Frank Act afforded to really not discrimination, but accord- 2016. I don’t know about you, but this the agency it created, which the Sen- ing to this group that doesn’t have any is highly disturbing, especially in light ator from Georgia just talked about, oversight over it, it is. of the fact that the GAO report found the Consumer Financial Protection Bu- On the same day, the CFPB released that CFPB did not employ sufficient reau or the CFPB. its auto finance examination proce- security and privacy protections to Now, this is an agency that really dures for CFPB examiners to examine make sure this data remains safe. doesn’t come under our jurisdiction; it both banks and nonbanks. Keep in In summary, the CFPB is collecting actually works under the Federal Re- mind this is one example of hundreds of sensitive financial information on indi- serve and gets, I think it is up to 12 rules, enforcement actions, and other viduals by name, on millions of Ameri- percent of the revenues of the Federal activities this agency is involved in cans, some of which has personally Reserve now, plus inflation. They will across industries. Beyond increasing identifiable information that is sup- get up to 15 percent, plus inflation. We its incredible oversight reach, the posed to be removed or not used, and have no say over that. They don’t re- CFPB has also engaged in massive data they don’t have the appropriate safe- port to us in any way, shape or form. collection dating back to 2011. I spoke guard to protect this information. This agency has grown to over 1,450 about this data collection, and the Sen- Considering the increase in cyber at- employees. It has a facility whose of- ator from Georgia spoke about this tacks faced across different sectors in

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In the publication Ars just troubling, it is terrifying, espe- media, including Twitter and high- Technica of June 8, 2015, it says: cially because there is no way for a sin- quality online recruiting videos, has The OPM hack is just the latest in a series gle American to opt out of this collec- been ‘‘astonishingly successful,’’ and of Federal network intrusions and data tion or require notification that their the speed at which modern social breaches, including recent incidents at the information is being collected and media moves means America must Internal Revenue Service, the State Depart- ment, and even the White House. These at- stored. move faster. tacks have occurred despite the $4.5 billion Let me assure you, it is, and not only In fact, we read about the recently National Cybersecurity and Protection Sys- that, there is no way for Congress to foiled terrorist attack in Boston, where tem program and its centerpiece capability, have a say to exert oversight to take a Islamic extremists planned to behead Einstein. Falling under the Department of closer look at what the CFPB is up to. law enforcement officials. It shows us Homeland Security’s watch, that system sits One thing that is clear to me, every the importance of engaging these on- astride the government’s trusted Internet American deserves better than this, line terrorists, their propaganda ma- gateways. Einstein was originally based on and after 5 years, I think it is safe to deep packet inspection technology first de- chines, interpreting their encrypted ployed over a decade ago, and the system’s say we can do much better than this— communications, and cracking down on latest $218 million upgrade was supposed to and we better do much better than the spread of online terrorist net- make it capable of more active attack pre- this—or we will have what the book works—but how can we fight back vention. But the track flow analysis and sig- ‘‘1984’’ suggested is going to happen. against these cyber threats from nature detection capabilities of Einstein, I yield the floor. abroad when our own government offi- drawn from both DHS traffic analysis and data shared by the National Security Agen- I suggest the absence of a quorum. cials show themselves to be woefully The PRESIDING OFFICER (Mr. cy, appears to be incapable of catching the incompetent? sort of tactics that have become the modern DAINES). The clerk will call the roll. We in this country spent months de- The senior assistant legislative clerk baseline for state-sponsored network espio- bating the National Security Agency’s nage and criminal attacks. Once such at- proceeded to call the roll. bulk collection of Americans’ tacks are executed, they tend to look like Mr. DAINES. Mr. President, I ask normal network traffic. unanimous consent that the order for metadata, and in the meantime, while we are having this debate, Chinese Put simply, as new capabilities for Ein- the quorum call be rescinded. stein are being rolled out, they’re not keep- The PRESIDING OFFICER (Mr. hackers stole millions of Americans’ ing pace with the types of threats now facing PERDUE). Without objection, it is so or- personal information. In fact, it is esti- federal agencies. And with the data from dered. mated now those Chinese hackers OPM and other breaches, foreign intelligence broke into the Office of Personnel Man- services have a goldmine of information f agement—basically the HR system of about federal employees at every level of the CYBER SECURITY the Federal Government—and stole government. Mr. DAINES. Mr. President, the over 20 million records of employees of And this just at a time when the headlines in the past few months have the Federal Government. threats to our Nation are at very high been enough to paint a startling pic- This recent breach of Federal em- levels. ture of how our Nation is handling ployees’ information may possibly be The article continues: technology and security these days. rooted in a phishing email. In fact, in a It’s a worrisome cache that could be easily Before I came to Congress, I spent 12 recent article in Ars Technica on June leveraged for additional, highly-targeted 8, they said: cyber-attacks and other espionage. In a na- years working in the technology sec- tion with a growing reputation for state of tor, but it doesn’t take an extensive It may be some time before the extent of the art surveillance initiatives and cyber background in these fields to see that the breach is known with any level of cer- warfare techniques, how did we become the in the ever-changing realm of tech- tainty. What is known is that a malware ones playing catch up? nology and online communication, package—likely delivered via an e-mail But this isn’t just about being sloppy America’s constitutional freedoms and ‘‘phishing’’ attack against OPM or Interior employees—managed to install itself within or being slow; this is a matter of na- civil liberties are at risk and our secu- the OPM’s IT systems and establish a back- tional security. America needs to get rity as a nation is under attack. door for further attacks. The attackers then smart on cyber security and tech issues When it comes to protecting Amer- escalated their privileges on OPM’s systems and to hold officials accountable for ican citizens’ privacy and personal in- to the point where they had access to a wide their behavior because there is just too formation, we as a nation need to re- swath of the agency’s systems. much at stake if we fail. The American spond to the new threats our enemies These hackers broke into the com- people will pay the price for a failure are posing and the new tactics they are puters at the Federal Government’s Of- to adapt to this rapidly changing world using and demand equal vigilance from fice of Personnel Management. They of technology, this rapidly changing those in our government who claim were downloading the very forms Fed- world of media, this rapidly changing they have American safety at heart. eral employees use to gain national se- world of information gathering, and for The modern battlefield is changing. curity clearances. sheer carelessness on the part of those We see it changing before our very In fact, earlier this month USA in authority. eyes, and America needs to adapt. With TODAY said: Private sector innovation and the incredible advantages that modern The hackers took millions of the forms progress can help America compete. As technology offers, also with that come used by people to disclose intimate details of a member of the committee on com- greater risks as well as greater respon- their lives for national security clearances. merce and having spent 28 years in the sibility. Our enemies, America’s en- The information could be used to unmask private sector—the last 12 years with a emies, are utilizing social media in covert agents or try to blackmail Americans cloud computing startup which we particular to recruit others to their into spying for an enemy. took public and which became a great side to plot against our rights, our In fact, I was one of those millions of cloud computing company, with offices freedoms, our American way of life. Americans—as were other Members of all over the world but based in my As Michael Steinbach, the Assistant Congress—whose personal information home State of Montana—I admit I had Director at the FBI’s Counterterrorism was compromised in this breach, and I to smile when I saw that so many Con- Division, said to the House Homeland demanded accountability from the Di- gressmen want to regulate the private Security Committee just last month: rector and others at the OPM, but we sector to protect the private sector ‘‘The foreign terrorist now has direct also need to address the systemic prob- from private threats. Well, again, in 28 access into the United States like lems with cyber security in this coun- years of serving in the private sector, I never before.’’ try directly. never once had my information We know for a fact that ISIS aggres- The outdated security systems at the breached. I never once had a letter sively uses social media to spread its OPM and other agencies of the Federal from my HR department saying my in- propaganda, to target individuals in Government recently hacked show that formation had been comprised. It our own country, and to urge them to America is not up to speed with the wasn’t until I became a Federal em- attack us on our own soil. kinds and the levels of cyber threats ployee, elected to Congress a few years

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We have to ensure that we have right- forefront of cyber technology and secu- We have about 700 million barrels of sized it, that we are in alignment when rity, but these efforts will be thor- oil that are tucked away in under- it comes to moving oil from the Stra- oughly wasted if the Federal Govern- ground salt caverns down in Louisiana tegic Petroleum Reserve at those times ment does not take the necessary pre- and in Texas. We have a couple refined we have determined are appropriate. cautions and procedures to protect the product reserves in other parts of the So I think it is important to know we American people. country, but our Strategic Petroleum are not just sitting still on this. The Mr. President, I yield the floor. Reserves are there in Louisiana and Department of Energy has begun work The PRESIDING OFFICER. The Sen- Texas. So if we have a major hurricane on a comprehensive, long-term stra- ator from Alaska. that takes out production in the Gulf tegic review of the SPR. We had good f of Mexico, as we saw with Hurricane discussion about this when I was down Katrina back in 2005, we can turn to STRATEGIC PETROLEUM RESERVE in Louisiana on Friday with the Dep- the SPR to help fill the gap. We did uty Secretary of Energy, Chris Smith, Ms. MURKOWSKI. Mr. President, I that in 2005. That is exactly the type of talking about what this review will en- have come to the floor this evening to reason you would have the strategic tail. It is looking at future SPR re- speak about our Nation’s Strategic Pe- asset. quirements regarding the size; regard- troleum Reserve, sometimes referred But there are other times we have ing the composition of it; the geo- to as the SPR. It is a national security turned to the SPR. If there is a ter- graphic location—it has been suggested asset that has come into the news of rorist attack or a broader war disrup- that perhaps there might be regional late for a host of different reasons. tion that alters the ability of other na- approaches; determining where we have I am here this evening because of the tions to send us oil, we can again turn chokepoints within the system in concerns I have that others are poten- to the reserve for help. We did this in terms of distribution; how we move it; tially looking to our Strategic Petro- 1991 with the Iraq war and then again determining the impacts of what we leum Reserve—our strategic energy in 2011 with the Libya supply disrup- see globally and what is happening asset—as nothing more than a tion. So, again, when there was an with our own domestic production; and piggybank to fund some of the needs emergency and we needed to ensure again being smart in how we are mak- we have here in this Congress. I believe U.S. security, we had a ready reserve ing sure we have right-sized the SPR it is extremely shortsighted to raid our fund to turn to. and, in fairness, modernized the Stra- Nation’s oil stockpile as an offset for In the absence of policies that will tegic Petroleum Reserve. the extension of the highway trust allow our Nation to produce all of the We have a committee, as you know, fund, and that is what we have had oil it consumes every day, the Stra- Mr. President, that likes to roll up our some conversation about today. tegic Petroleum Reserve is really our sleeves and get into the weeds on mak- We had a vote earlier about whether best answer to the sudden absence of ing sure our policies are current and to move forward on the highway trust the energy we need, whether it is driv- are relevant. fund. But as we have looked to find ing to work, whether it is powering our We need a deliberative process that pathways forward for a multiyear high- ships or our airplanes, moving our will provide us with the proper under- way trust fund reauthorization, which goods, or whatever that reason may be. is something I support, it is important With the discussion we had today in standing of the stakes and our options to know that not all pots of money are terms of how we pay for this multiyear when it comes to how we handle our equal, that perhaps some are truly na- transportation bill, we are being asked Strategic Petroleum Reserve. What we tional security assets for which per- to dramatically diminish the size of do not need—what we do not need—is haps we need to show more considered the Strategic Petroleum Reserve based an arbitrary process that picks a num- respect. again on the need to pay for the exten- ber. Right now, for purposes of the off- I had an opportunity a few days ago— sion of the highway trust fund. It is to- set of what they are coming to the en- on Friday—to tour our Strategic Pe- tally unrelated—totally unrelated. ergy committee for, they are picking a troleum Reserve. I went to the Choc- Those who would argue in favor of number of—let’s sell 101 million barrels taw Bayou site near Baton Rouge, LA. taking from the SPR, their argument of oil to fund a portion of the highway It was an opportunity for me to get a is pretty simple. In fact, it is way too trust fund. Again, where is the connec- firsthand look at some of the chal- simple. They suggest that our inter- tion between ensuring that we don’t lenges that currently face our four national obligations require us to store erode our national energy security as- Strategic Petroleum Reserves that we enough petroleum to match 90 days of sets? have down in the Louisiana, Texas area net imports. That is true. And they I have said many times that the and to have a better understanding as will say that given the growth we have Strategic Petroleum Reserve is not an to their operational readiness. Quite seen in domestic oil production, we ATM. It is certainly not the petty cash honestly, it is a trip I wish more of our have enough now that we have a sur- drawer for Congress. We have a respon- Members were willing to take because I plus within the Strategic Petroleum sibility. A decision to sell substantial think it would become clear to many Reserve. Some have even suggested volumes of oil will increase our vulner- the potential mistake we would be that an SPR is not even necessary any- ability to future supply disruptions at making in forcing the sale of billions of more. a time when we are still importing oil. dollars of our emergency oil solely to Well, I would be the first among us to We are importing about 5 million bar- pay for unrelated legislation. It is akin suggest that changes need to be made rels a day. to selling the insurance on your house to the Strategic Petroleum Reserve. Think about this. Think about the in order to pave your driveway. It just Again, this was established back in timing of this. It simply could not be doesn’t make sense. 1975, and I think it is very fair to say worse. When you talk about volatility For some, the Strategic Petroleum the world has changed. It has changed in the world, think about the news you Reserve may be a very unknown na- dramatically since the 1970s. The glob- read about today, what is happening in tional security asset. They do not real- al environment in which we are oper- Iran, Iraq, and Syria. Now is the time ly know what it is. But the SPR is our ating has changed dramatically. And for us to say that our national energy Nation’s insurance policy against glob- the Department of Energy has said security assets are not that important; al energy supply disruptions. The Stra- that today the impacts of an overall it is OK to nibble around the edges or tegic Petroleum Reserve was estab- supply disruption of global oil markets worse and take significant amounts to lished by law back in 1975 under the would have the same effect on domes- put out on the market? Energy Policy and Conservation Act, tic petroleum product prices regardless Let’s consider a few facts to put and its mission is twofold: to ensure of how U.S. oil import levels—or things into perspective. First of all,

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Our infra- duction continues to exceed consump- flow through the Strait of Hormuz. The structure is key, but we also have key tion across the globe. Of course, now as Suez Canal and its accompanying pipe- energy infrastructure. Part of that key we are seeing the outcome from the ne- line carry just under 5 million barrels infrastructure lies with the security gotiations with Iran, they are going to per day, despite a budding insurgency asset, the Strategic Petroleum Reserve be in a position soon to put their oil that fired a rocket at an Egyptian that we have. Let’s focus on that word out onto the world market. Navy vessel earlier this month. Insta- ‘‘strategic’’ before we move too quickly Oil prices are sitting right now bility in Venezuela, which produces and in a manner that is shortsighted around $50 a barrel. Think about it. about 21⁄2 million barrels per day, and will jeopardize our security and Not all of the oil that is in the Stra- would also directly impact the major our inability to respond. tegic Petroleum Reserve was perhaps American refining center in the Gulf of I yield the floor. bought high, but think about it. Sell- Mexico. I suggest the absence of a quorum. ing it now is the very definition of sell- You have all of this volatility and in- The PRESIDING OFFICER (Mr. ing low. stability, and this is the time again DAINES). The clerk will call the roll. We are at $50 a barrel right now. The that we are going to take our insur- The senior assistant legislative clerk sales that are envisioned in this high- ance policy and we are going to erode proceeded to call the roll. way bill would shortchange taxpayers it? We are going to make us less energy Mr. MCCONNELL. Mr. President, I in terms of emergency protection be- secure? It makes no sense. ask unanimous consent that the order cause you are eroding the fund, but By way of comparison, the drawdown for the quorum call be rescinded. think about the proper stewardship of rate of the Strategic Petroleum Re- The PRESIDING OFFICER. Without taxpayer dollars. Effectively, we serve is about 4.4 million barrels a day, objection, it is so ordered. bought high and we are going to sell probably a little bit less. But, seri- f low. ously, any number of disruptions could Second, drawing down barrels from arise and make those barrels very pre- TRIBUTE TO MARTA ADAMS the SPR would put the Federal Govern- cious. Secretary Moniz gave a speech Mr. REID. Mr. President, I rise today ment in a position of direct competi- about a month ago, and he stated that to recognize Marta Adams, who is re- tion with domestic producers. That the distribution rate is probably much tiring from her position as chief deputy may be temporarily defensible during a lower than our drawdown capacity of attorney general for Nevada. For more severe interruption, but let’s remember 4.4. The distribution rate is com- than 27 years, Marta has been serving where we are right now. The promised because of some of the issues Nevada; and though many Nevadans midcontinent is already awash in we talked about earlier, which are may not know Marta, she has been crude. Our outdated ban on oil exports, changes in midstream, infrastructure, working diligently to keep them safe. which should be fully repealed and and congestions in the system. When Soon after Marta graduated from the fully repealed soon in my view, has not you talk about our ability to respond, University of Wyoming College of Law been repealed yet. It is sitting there in we are limited. in 1977, she began practicing law in the place, and what it is doing is keeping If Congress is going to sell any oil Silver State. She quickly gained expe- oil that is trapped in the United from the SPR—and I am not suggesting rience in environmental law, and her States, threatening productions and this is a good idea—one of the things knowledge about the West and its nat- jobs at the same time. we must do is we should agree that any ural resources have contributed greatly What you are talking about with this proceeds would first be used to pay for to her successful legal career. proposal to sell off the oil from SPR is upgrading the reserve itself, pay for Marta’s persistence and commitment you are going to sell it first very low the modernization, help to ensure it while representing the Nevada Agency and then you are going to put it into a has the ability to do that which we for Nuclear Projects in opposing the market that is already oversupplied. have tasked it to do. Yucca Mountain project was instru- I was in the Gulf of Mexico this It needs significant modifications to mental in our State’s legal fight weekend at a place called Port preserve its long-term viability and to against efforts to force nuclear waste Fourchon, where truly you think about ensure that it can truly move the oil in on Nevada. Since 2008, Marta has the part of the country that is sup- the event of an emergency, whether it worked as chief deputy attorney gen- porting an oil and gas industry, robust, is a natural disaster or whether it is a eral and maintained a strong voice for ready to go to work, but what we saw terrorist threat or war. But it would be Nevada on all issues pertaining to there were supply vessels that were a travesty if we were to dramatically Yucca Mountain. sidelined and drill ships that were reduce the size of the Strategic Petro- On behalf of Nevada, I thank Marta waiting. You tell those hard-working leum Reserve while we continue to ig- for her decades of dedicated public men and women there who aren’t work- nore its maintenance and its oper- service and wish her the best in her ing as hard as they would like that per- ational needs. well-earned retirement. haps somehow it is a good idea that The Strategic Petroleum Reserve f they should be taking money from our must be modernized for the 21st cen- savings account—taking the oil from tury. Its size, its geographic disposi- CAMERON AND DELEVAN, our savings account and dumping that tion, the quality of the oil it stores— ILLINOIS, TORNADOES into the market. right now it is about one-third to two- Mr. DURBIN. Mr. President, for the Third, our Nation’s energy security thirds distribution between sweet and third time this year, Illinois commu- cannot depend on commercial stocks sour crude—the desirability and under- nities are assessing damage and clean- alone. They rise and fall based on mar- standing is we need to move more into ing up after tornadoes. One twister ket expectations, not on the strategic a refined product storage or holding in- struck the town of Cameron, in Warren environment, and are not tethered to stead of the crude. These are all issues County, on Thursday evening. Mo- our Nation’s energy security. Since the that merit further attention, but we ments later, another struck the town passage of the Energy Policy and Con- need to have a deliberative process. We of Delevan, in Tazewell County. The servation Act in 1975, there was a bi- need the review that the Department of tornadoes were accompanied by storms partisan consensus that maintained Energy is conducting. We need the re- with heavy rain and flooding. that it is the Federal Government, not view that committees such as ours will The National Weather Service says private industry, that will ensure that advance and consider. What we do not both tornadoes were category EF–2. our obligations are met. Clearly, not need is a spur-of-the-moment deal that That means that the winds blew up to

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It is regret- date was extended until 2017. without warning because tornado si- table that Guatemala’s authorities While Guatemala’s justice system re- rens lost power a few seconds after have failed to condemn or take effec- mains fragile, the partnership between they began to sound. tive steps to stop this pattern and CICIG and the Public Ministry has Debris from homes and farms was practice of threats and abuse of the played a critical role in advancing the scattered across the community. Many justice system. cause of justice in Guatemala. But roads in the community were impas- Yet while the 1996 Peace Accords Guatemala’s problems are not unique. sible due to down trees and power lines. that finally ended 36 years of armed Honduras and El Salvador suffer from Emergency responders wasted no time conflict were, for the most part, not many of the same conditions—weak going house to house in both commu- implemented, since then the United justice systems that lack credibility, nities. I spoke with Warren County States has sought to help address the rampant corruption, threats and assas- sheriff Martin Edwards on Friday causes of poverty, inequality, and in- sinations of human rights defenders, afternoon. Thankfully, there were no justice in Guatemala. We have funded journalists, and even prosecutors, and fatalities or serious injuries reported. child nutrition and public health pro- a history of impunity. I hope those The communities are busy cleaning grams, bilingual education for indige- governments look to CICIG as a model up today and utility companies are nous children, efforts to reform and for how they could benefit from the working to get gas and electricity back professionalize the police, prevent vio- technical expertise and independence on. Over the weekend, Sparky’s lence against women, strengthen the of the international community to help Smokeshack set up a smoker on the institutional capacity of the Public address these deeply rooted problems. edge of Cameron. The popular rib joint Ministry, locate and identify the re- Simultaneous with President Perez served up free meals to anyone who mains of thousands of people who dis- Molina’s decision to extend CICIG’s needed them. American Red Cross vol- appeared during the war and ended up mandate, the need for CICIG became even more apparent. As a result of its unteers also are providing food and in mass graves, support reparations for investigations, high-ranking officials water. As is so often the case when a victims of the Chixoy massacres, pro- in the Perez Molina government, in- disaster like this strikes, first respond- tect biodiversity and preserve pre-Co- cluding Vice President Roxana Baldetti ers and friends and family members are lumbian archeological sites in Peten. and one of her top aides, as well as the helping people whose homes and busi- The results of these efforts have been President’s chief of staff and other sen- nesses were damaged. I thank the first mixed, but they do signify a positive ior officials, have either resigned or responders and all of the members of trend in our relations with Guatemala been arrested due to allegations of these communities for their work. in recent years for which the Depart- The Illinois delegation and I stand bribery and other corruption related to ment of State, the U.S. Agency for ready to help in any way we can, par- customs and social security. In addi- International Development, the Inter- ticularly if the Governor requests Fed- tion, a leading Vice Presidential can- eral assistance. I have no doubt that American Foundation, the Inter-Amer- didate of the Lider Party has been im- the people in Cameron and Delevan will ican Development Bank, and others de- plicated. This may only be the tip of rebuild. Our thoughts are with the serve credit. the iceberg, as it is common knowledge President Perez Molina also deserves many people today who lost homes and that corruption is widespread in Guate- credit for supporting the agreement to other property. mala. finance the Chixoy reparations plan, f Such scandals involving powerful which some in his own government op- public figures are by no means unprece- GUATEMALA posed. It is now essential that the dented, as other Guatemalan officials— Mr. LEAHY. Mr. President, with the agreement is implemented so the com- including a former President and Min- Congress focused on the U.S.-Iran nu- munities who suffered losses are com- ister of Interior—have been implicated clear agreement, it is not surprising pensated. in such crimes and became fugitives that recent developments in Guate- The United States has also been a from justice. But unlike in the past, mala have not received the attention strong supporter of the International these latest scandals have galvanized a they deserve, either here or in the Commission Against Impunity in Gua- diverse spectrum of civil society to international press. I want to speak temala, otherwise known as CICIG, join in peaceful public demonstrations briefly about this as it should interest which, in collaboration with the Office over a period of several months calling all Senators, particularly at a time of the Attorney General, has played an for an end to corruption and impunity when the governments of Guatemala, indispensable role in investigations and for the resignation of the President El Salvador, and Honduras are seeking and prosecutions of cases of corruption, who would be replaced by a transition significant U.S. funding to support the organized crime, and clandestine government in accordance with Guate- Plan of the Alliance for Prosperity in groups, as well as crimes against hu- mala’s Constitution. the Northern Triangle of Central manity and other human rights atroc- The timing of these protests is sig- America. ities dating to the civil war. I com- nificant, as Presidential elections are The Cold War history of U.S. involve- mend the way CICIG Commissioner scheduled for September 6 and specula- ment in Guatemala is not one we can Ivan Velasquez and Attorney General tion is rife as to whether or not Presi- be overly proud of. The role of the Thelma Aldana are working together dent Perez Molina will serve out his United Fruit Company, the CIA, Guate- to address these issues. term. mala’s landholding elite, and others in Each year since CICIG’s inception in The United States has a strong inter- orchestrating the removal of democrat- 2007, as either chairman or ranking est in democracy and justice in Guate- ically elected President Jacobo Arbenz member of the appropriations sub- mala, as well as a better life for the Guzman in 1954, the training and equip- committee that funds U.S. foreign aid millions of Guatemala’s citizens, par- ping of the Guatemalan military that programs and as a former prosecutor ticularly indigenous and other histori- carried out a scorched earth campaign and chairman or ranking member of cally marginalized groups, who live in against a rebel insurgency and the the Judiciary Committee, I have in- poverty. Many, with only a few years rural indigenous population in the cluded a U.S. contribution to CICIG. I of formal education and no reliable 1970s, 1980s, and 1990s, and policies fa- have also twice supported the exten- source of income, including victims of voring the financial and political elite sion of CICIG when it was nearing the ethnic discrimination, gangs and vio- who perpetuated the racism, social and end of its mandate. Most recently, lent crime, have risked life and limb in economic inequities, corruption, vio- when President Otto Perez Molina indi- search of opportunities in the United lence, and impunity that persist to this cated that he did not intend to renew States. It is our hope that the Plan of day, are all part of that collective ex- CICIG’s mandate, I argued that the the Alliance for Prosperity, with com- perience. weakness of Guatemala’s justice sys- plementary and balanced investments

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They arrived in the late forward to discussing these issues with early 1990s, I worked with New Hamp- 1950s, he as a newly minted (UMass) forester our friends in the House of Representa- shire Senator Warren Rudman to es- working for Essex County. But an additional tives later this year. tablish the Northern Forest Lands call pulled at him, and he took a degree from More immediately, it is important Council, and Bren agreed to be part of the Episcopal Divinity School in Boston. His that the United States carefully cali- that select group. He later joined the first parish work was in Brandon, VT start- ing in 1963. He later was full-time rector at brates its response to the popular de- Vermont Natural Resources Council as St. Paul’s in Lancaster. He was also rector at mands for reform. What is happening in Northern Forest project manager, and St. Mark’s in Groveton, in Island Pond, Vt., Guatemala today is both unique and continues to work as a board member and the Church of the Epiphany in Lisbon, encouraging in the way it has inspired for conservation organizations in where he served his last day. and united, for the first time in Guate- Vermont and New Hampshire. Bren Brendan’s divinity school thesis was one of mala’s history, indigenous and non-in- served each post with distinction and the earliest church ‘‘insider’’ calls to link digenous, both rural and urban groups, has been deeply involved for nearly 40 Christian faith and the environmental move- ment. His writing foreshadowed his long ca- poor and middle class who previously years in the vast changes taking place reer as a professional forester and a working did not share a common agenda. This across the Northern Forest. priest, and helped move the Episcopal has enhanced the prospects for real I have been pleased to continue work- Church to embrace stewardship of the earth change in a country that has been ing with Bren since his appointment to as a moral obligation. plagued for two decades by the divisive, the USDA’s Farm Service Agency I first encountered Brendan from afar tragic legacies of the war and by pow- State Committee in Vermont. Bren through his role in the Northern Forest continues to serve as a selectman in Lands Council, the pivotal group created by erful forces in government and the pri- Congress to address the alarming forestland vate sector resistant to change for gen- Brunswick, VT, and operates a vege- changes in northern New England and New erations. table farm, roadside stand and seasonal York. Brendan represented Vermont. As a In this context, civil society requires restaurant supply business with his young journalist new in the North Country support and protection, taking into ac- wife, Dorothy. and exploring forestry, land use, and commu- count Guatemala’s past history of re- I have touched on Bren’s State and nity issues, I studied the Council’s 1994 re- pression and violence. I urge U.S. offi- Federal public service, but his even port ‘‘Finding Common Ground’’ very closely cials to make clear that the United greater contributions to his commu- and followed those involved with creating it. nity may be through his ministry, as so Around that time, I noted the formation of States unequivocally supports the aspi- the Forest Guild as a progressive alternative rations of Guatemalan civil society eloquently enumerated in the article to the Society of American Foresters, with that is now struggling for the right of entitled Thanks to a Mentor and North Brendan among the founders. I also encoun- all the Guatemalan people to have Country Champion, written by Rebecca tered various essays he’d written, and found transparent and accountable govern- Brown, a member of the New Hamp- him to be among the most articulate writers ment, including honest and profes- shire legislature and a student and and thinkers about our region, someone I sional police and an independent judi- friend of Bren. It was published in 2014 hoped to cross paths with someday. We finally did cross paths in 2005 when I ciary. in the Littleton Courier. I ask unani- joined the staff of the Connecticut River Guatemala is a country with an ex- mous consent that Ms. Brown’s article Joint Commissions, the VT–NH group advis- traordinarily rich culture, natural re- be printed in the RECORD as a tribute ing the two states on issues affecting the sources, and human potential. But to Brendan J. Whittaker’s decades-long river and watershed. Brendan was a VT com- without respect for human rights and and continuing service to his neigh- missioner. At that time Brendan was filling the rule of law and real change that bors, community, the States of in occasionally at the Lisbon church (Tod provides for equitable economic oppor- Vermont and New Hampshire, and to Hall was the regular vicar), and from time to the Nation. time would leave me phone messages that tunities and political representation, he’d be preaching and inviting me to attend. that potential will remain unfulfilled. There being no objection, the mate- As someone who’d never gone to church save It is long past time for an end to impu- rial was ordered to be printed in the for weddings and funerals, I did not jump at nity, including for public officials who RECORD, as follows: the opportunity. But eventually I decided it misuse their office to enrich them- [Littleton New Hampshire Courier, Dec. 2014] would be the polite thing to do, and with selves, their families, and their friends, THANKS TO A MENTOR AND NORTH COUNTRY some trepidation agreed. The night before, and for a new era of effective govern- CHAMPION he called to explain what to expect, includ- ance, prosperity, and freedom from fear (By Rebecca A. Brown) ing taking communion, which made me even more nervous. I knew that ritual only for all Guatemalans. This season of giving thanks and celebra- through extended family occasions in the f tion, I want to mark the final retirement of where infidels like me could Brendan Whittaker from his Episcopal min- not and did not participate. TRIBUTE TO BRENDAN J. istry. ‘‘Final’’ because he retired from full- He assured me that taking communion WHITTAKER time parish work many years ago, but has could be considered a symbolic breaking of Mr. LEAHY. Mr. President, I wish to been serving in various priestly roles until bread together as a community, and did not the Sunday before Thanksgiving. demand belief in the literal ‘‘blood of take a moment to recognize Brendan J. I write because Brendan’s effect on people ‘‘Bren’’ Whittaker, a distinguished pub- Christ.’’ This was the first of many alter- and the communities of the North Country native insights to the Christian traditions lic servant and recognized leader in have been (and I am confident will continue and liturgy to which he introduced me. As conservation efforts in the New Eng- to be) enormous, yet he has gone about his someone whose understanding of Christian land Northern Forest region. In addi- work over the last couple of decades with lit- thought was arrested at the kindergarten tion to his conservation work, Bren tle fanfare or notoriety, but with his genuine level of God as a bearded man in the sky, spent more than 45 years in the Epis- and affecting warmth. In this way he follows this was an important awakening, and intro- in the footsteps of one of his mentors, copal ministry, leading a full-time par- duced me to a wide world of spiritual Carleton Schaller, also an Episcopal priest thought. ish. who we all lost earlier this year. With his guidance and lending of books I know Bren first not as a priest, but For much of his earlier career, Brendan from his library, I read many of the now as a dedicated public servant for more was very much in the public eye, especially classic and radical theological texts of the than 40 years. Bren has held many ti- when he was Secretary of the Agency of Nat- mid 20th century. I found an exciting, intel- tles at every level of government, in- ural Resources for Vermont. Walk through lectually and spiritually stimulating pan- cluding town meeting moderator, town Montpelier or attend a conservation gath- theon including Tillich, Bonhoeffer, John selectman, county forester, chairman ering anywhere in VT with Brendan today, Robinson, and more contemporarily, Alan and you’ll encounter many people who still of district 1 environmental commis- Watts and John Spong. At the same time, I hold him in the highest regard. I do think found a wonderfully accepting and warm sion, director of Vermont State Energy he’s one of the best-loved people in Vermont. band of people at the Lisbon church. Office, Vermont Secretary of Natural Years ago, he was named the ‘‘person from I enjoyed with Brendan post-church con- Resources, U.S. Department of Agri- away’’ (he was born and raised in Massachu- versations (and many while working in the

VerDate Sep 11 2014 02:06 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.020 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5205 woods or at the farm) about Christian—and England as well as through the aus- documented over several decades. But the increasingly on my part, Buddhist—thought, pices of the New England Press Asso- Lyon award is focusing on his efforts in edu- and returning again and again to our shared ciation, the New England Society of cating students, the public, government offi- love of the environment and what all this Newspaper Editors, and Investigative cials, and journalists—both for print and meant for activists and stewards. Eventually electronic media outlets. Mike is called upon I left the Joint Commissions and started Reporters and Editors. His commit- frequently to speak in classrooms, in the working for the Ammonoosuc Conservation ment to teaching and defending the te- community and at professional conferences Trust, a group I’d started. I asked Brendan if nets of the First Amendment led him from Vermont to Ireland.’’ he’d consider becoming an advisor to ACT— to participate as a trainer in Ireland His work has helped improve both the open expecting him to say no, for given his high after the country passed its Freedom of meeting law and public records law in level career (in addition to his government Information Act in 1997. Vermont, Flowers said. He noted it was work he’d been on the board of just about The Vermont Press Association each while serving as VPA President in the mid- every major New England environmental or- 1980s that Donoghue helped lead the media year offers the Matthew Lyon Award to efforts in successfully obtaining approval for ganization) why bother with a little start up an individual who has demonstrated an like ACT? But he graciously agreed. Now, cameras in Vermont Courts. Brendan chairs the ACT Lands Committee, exceptional commitment to the First St. Michael’s College recruited Donoghue and regularly works with us on forestry Amendment and to ‘‘the public’s right in 1985 to teach as an adjunct professor in issues and with landowners who are consid- to know the truth in Vermont.’’ It is the journalism department, where he still ering conservation. named for Congressman Matthew helps. He also served as an officer for the Vermont Press Association for 35 years until Brendan is like one of his beloved stiff as- Lyon, one of the foremost defenders of ters, the unusual plant that grows near the he resigned as its executive director earlier the Bill of Rights. He served in the U.S. this year. Donoghue was instrumental in liquor store in Groveton, able to find nour- House of Representatives on behalf of ishment in dry gravel, and subject of one of getting the VPA headquarters anchored at his most memorable sermons. His calling Vermont, as well as Kentucky, begin- St. Michael’s College. Donoghue serves on the executive board of was to work with the underserved, and he ning in the 5th Congress. Congressman NEFAC, a six-state effort promoting the found his parish in the great unruly life of Lyon is known for his time in jail—and First Amendment. He was on the New Eng- the North Country, independent and fiercely subsequent reelection during his sen- land Press Association Board of Directors neighborly. He also found his parish with the tence—on charges of sedition in 1798 for and various committees 1995–2001. The Soci- people working in conservation, including his sharp criticism of President John ety of Professional Journalists appointed the game wardens he directed as ANR sec- Adams. Donoghue in 1990 to serve as the Vermont retary and continues to have special regard Throughout his career, Mike chairman for Project Sunshine, a nationwide for. He’s done great service for our land and Donoghue has worked tirelessly to pro- First Amendment effort—a volunteer hat he people, and I am tremendously grateful to still wears. have him as a friend, colleague, and mentor. mote accountability of public officials, and transparency in government agen- The VPA solicits nominations from Former Courier Editor Rebecca Brown is Vermonters each year for the Lyon award, director of ACT, and serves as a NH State cies. As an earlier recipient of this which honors people who have an unwaver- Representative. same award, I will always feel a special ing devotion to the five freedoms within the f kinship in these efforts with champions First Amendment and to the principle that like Mike Donoghue. the public’s right to know the truth is essen- TRIBUTE TO MIKE DONOGHUE I ask unanimous consent that this tial in a self-governed democracy, Flowers Mr. LEAHY. Mr. President, I would announcement from the Vermont Press said. like to call the Senate’s attention to Association about Mike Donoghue’s se- Donoghue has been named to five halls of the continued First Amendment advo- fame. They include induction as one of 35 lection for this award be printed into charter members selected by the New Eng- cacy of a Vermont journalist, Mike the RECORD. land Press Association for its Community Donoghue of the Burlington Free There being no objection, the mate- Journalism Hall of Fame in 2000. Three years Press. The Vermont Press Association rial was ordered to be printed in the later he was named one of three charter has presented Mike with the pres- RECORD, as follows: members selected nationwide by the Society tigious Matthew Lyon Award, for his BFP’S DONOGHUE WINS VT PRESS 1ST of Professional Journalists and The National staunch advocacy of First Amendment AMENDMENT AWARD Freedom of Information Coalition for their National Hall of Fame for Local Heroes. rights. (By The Vermont Press Association, July 6, Other honors include the Yankee Quill 2015) Mike is a talented and seasoned re- Award in 2007 for a lifetime commitment to porter, and in more than 40 years as a MONTPELIER.—Longtime journalist and ed- outstanding journalism in New England and staff writer at the Free Press he has ucator Mike Donoghue of South Burlington beyond; selected the New England Journalist covered local, State and national news, has been selected to receive the Matthew of the Year for print or electronic media in as well as sporting events—all, with in- Lyon Award for his lifetime commitment to 2013; and voted by Gannett employees na- tegrity and vigor. He has shown a the First Amendment and the public’s right tionwide to receive ‘‘Greater Good Award’’ to know the truth in Vermont. steadfast commitment to truth-telling, from the company in 2013. The Vermont Press Association, which rep- The Lyon Award is named for a former to getting the facts, and getting them resents the interests of 11 daily and about Vermont congressman who was jailed in 1798 right, for the people of Vermont. four dozen non-daily newspapers circulating under the Alien and Sedition Act for sending While Mike has achieved noteworthy in Vermont, will honor Donoghue at its an- a letter to the editor, criticizing President accomplishments and awards during nual meeting and awards banquet at noon John Adams. While Lyon was serving his fed- his tenure at the Free Press, it is, espe- Thursday, July 16 at the Capitol Plaza in eral sentence in a Vergennes jail, cially, his work as an advocate and Montpelier. Vermonters re-elected him to the U.S. House Donoghue, an award-winning veteran news teacher of First Amendment protec- of Representatives. Lyon is credited with and sports writer for the Burlington Free ousting Adams when he cast the deciding tions that have drawn the distinction Press, is being recognized for efforts in his vote in favor of Thomas Jefferson when the of the Matthew Lyon Award. He served spare time working as an adjunct professor 1800 presidential race went to Congress for a two terms as president of the Vermont of journalism at St. Michael’s College, as a final determination. Press Association, where he worked to longtime officer with the Vermont Press As- Previous Matthew Lyon winners include expand the use of cameras in Vermont sociation and his volunteer efforts with var- Patrick J. Leahy for his work as a state courtrooms. As a founder of the ious groups including New England First prosecutor and U.S. senator; Edward J. Vermont Coalition for Open Govern- Amendment Coalition (NEFAC), New Eng- Cashman for his efforts as Chittenden Supe- land Newspaper and Press Association rior Court clerk, a state prosecutor and state ment, he has provided testimony in (NENPA) and the Society for Professional judge; Robert Hemley, for his many success- front of the Vermont Legislature on a Journalists (SPJ). ful fights as a lawyer to keep courtrooms regular basis and on a variety of topics VPA President John Flowers said open and court files available to the public; related to First Amendment rights. Donoghue has been on the front lines in Gregory Sanford, state archivist, for his Mike not only is a veteran reporter and seeking greater public accountability work in maintaining, restoring and saving volunteer advocate but a dedicated ed- through a range of efforts, including that government records for public access; H. ucator as well. He is an adjunct pro- government officials and courts ensure Allen Gilbert, executive director of ACLU in records are easily available to the public, Vermont for fighting for greater public ac- fessor of journalism at Saint Michael’s and that government meetings and court cess to government records and for public College in Colchester—my alma hearings are open to Vermonters. disclosure about police misconduct; and Ken mater—and he has trained young jour- ‘‘Mike’s efforts in accountability jour- Squier and WDEV-radio for efforts to inform nalists throughout Vermont and New nalism at the Burlington Free Press are well Vermonters about state and local issues.

VerDate Sep 11 2014 04:49 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.021 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5206 CONGRESSIONAL RECORD — SENATE July 21, 2015 VOTE EXPLANATION RAY for their efforts to pass this bill. I member of the Health, Education, ∑ Mr. NELSON. Mr. President, I was would also like to acknowledge the Labor and Pensions Committee to dis- necessarily absent for votes on S. 1177, many organizations representing tens cuss one of my amendments, White- the Every Child Achieves Act from of millions of Americans who worked house No. 2185, to the Every Child Monday, July 13, 2015, through Thurs- with me and my staff to get this bill Achieves Act, which would establish an day, July 16, 2015. Had I been present I passed, including the National Council Innovation Schools Demonstration Au- would have voted in favor of invoking on Aging, Meals on Wheels America, thority. I thank them for their leader- cloture on the substitute amendment AARP, the National Association of ship on this important legislation and No. 2089, cloture on the amended under- Area Agencies on Aging, and many oth- join them today to discuss the purpose lying bill, and final passage of S. 1177. ers. of the amendment. Teachers and school leaders possess a I also would have voted in favor of While this bill is a good step forward, unique understanding of the students amendments Nos. 2169, 2194, 2093, 2176, I would have preferred that it go much and communities they serve. My 2171, 2161, 2241, 2177, 2243, 2247, 2100, and further. amendment is intended to help schools 2242. I would have opposed amendments Older adults are the fastest growing address these unique needs through in- Nos. 2132, 2162, and 2180.∑ segment of the U.S. population. Shockingly, 1 in 5 seniors is living on creased autonomy from local, State, f an average income of $8,300 per year. and Federal regulations. In Rhode Is- EVERY CHILD ACHIEVES ACT We learned from the Government Ac- land I have heard from school leaders countability Office last month that who would like to extend the school Ms. STABENOW. Mr. President, it is nearly 4 million seniors experience day for struggling students, take own- clear to me that No Child Left Behind food insecurity and do not know where ership over school budgeting and fi- was broken and that it was not serving their next meal will come from. Fewer nancing or manage their school’s the best interest of children in Michi- than 10 percent of low-income seniors human resources but are unable to do gan or the rest of the country. That is who need a meal delivered to their so because existing rules and regula- why I voted to support the passage of homes receive one. There are seniors tions get in the way. The prospects of the Every Child Achieves Act, which across the country who may not have moving bureaucratic approaches at all moves away from high stakes testing enough money to eat dinner tonight. three levels of government can be and puts decisions on education back For the generation that fought to de- daunting, but this measure is designed in the hands of our States, school dis- fend democracy and built our great Na- to clear a path. tricts, parents, and the teachers, who tion, we must do everything we can to Several States are already experi- are in the best position to make those make sure that seniors do not go hun- menting with increased school auton- decisions. gry. Older Americans should not have omy. In Massachusetts, where State However, I continue to have reserva- to choose between buying medicine or law allows for innovation status, tions about the Every Child Achieves keeping a roof over their heads or hav- schools are already benefiting from Act, particularly the changes to for- ing food on the table. regulatory flexibility. In Revere, MA, mulas that govern how resources are Providing home-delivered meals— the Paul Revere Elementary School allocated. The bill as drafted will re- Meals on Wheels—for seniors is not uses regulatory flexibility around duce the support that Michigan schools only the right thing to do, it makes staffing, budgeting, scheduling, and have for recruiting teachers and school good economic sense. Why is that? If curriculum to operate a school model leaders at the same time as it reduces frail seniors do not get the nutrition that emphasizes staff collaboration and support for their professional develop- they need, they are more likely to fall differentiated instruction. In Fal- ment. It also cuts the future resources and break a hip and wind up in the hos- mouth, MA, the Lawrence School is dedicated to the education of the most pital emergency room or in a nursing using regulatory flexibility to improve vulnerable low-income children in home. At the end of the day, investing its governance and decisionmaking Michigan, sending that money to other in nutrition which keeps seniors structure in a way that emphasizes fac- States, using a formula that effectively healthy actually saves us money by ulty input and satisfaction. In addition rewards States for investing less in keeping them out of the hospital. to Massachusetts, States as diverse as education. It is wrong to take re- Since 2006 when the Older Americans Colorado, Kentucky, Minnesota, and sources away from one set of children Act was last reauthorized, the U.S. West Virginia have established State and give them to another, and then call population over 60 has grown by about laws that promote innovation through it equity. 30 percent. Has funding gone up by 30 autonomy. While I appreciate the efforts of the percent? No. In fact, funding has been The Innovation Schools Demonstra- Senator from North Carolina to change basically flat, and when you account tion Authority builds on these efforts his original amendment, the modified for inflation, funding has actually de- by establishing a fast-track process to version would still have a negative im- creased by about 12 percent. I strongly give public schools relief from the pact on the children of Michigan. This believe we should significantly expand local, State, and Federal regulations is the reason I voted no on this amend- funding for Older Americans Act pro- that can be barriers to school-based in- ment. grams. novation. The program is designed to As this bill continues to conference The truth is that the priorities we serve existing public schools, specifi- committee, I intend to continue to hold—treating seniors with respect, cally those where teachers, parents, ad- fight to ensure that every child in making sure seniors have the food they ministrators, and members of the com- Michigan has the best possible access need—have the overwhelming support munity are working together to imple- to quality public education and that of the American people. These prin- ment new, evidence-based models of Michigan is treated fairly in the fund- ciples are among the foundations of a teaching, learning, and school adminis- ing formulas. just and fair society where people look tration. When these existing schools f forward to growing old. I thank my are selected for innovation school des- Senate colleagues for their support of ignation, they will be able to obtain ex- OLDER AMERICANS ACT this important reauthorization bill. I pedited relief from regulations that Mr. SANDERS. Mr. President, I am hope that my colleagues in the House would otherwise prevent them from im- very pleased to see that the Older of Representatives take up and pass plementing their school vision. Americans Act reauthorization passed this bill swiftly so that it can become A key element of this program is the Senate last week. This law, which law without any further delay. that the whole school community turns 50 years old this month, provides f wants to participate. Innovation critical services like home-delivered schools must demonstrate support meals, transportation, and elder abuse INNOVATION SCHOOLS from administrators, parents, and at protections. DEMONSTRATION AUTHORITY least two-thirds of the current teach- I would like to thank Chairman Mr. WHITEHOUSE. Mr. President, I ing staff. They are encouraged to form ALEXANDER and Ranking Member MUR- am joined by the chair and ranking advisory boards to bring community

VerDate Sep 11 2014 02:06 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.058 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5207 expertise from businesses, higher edu- bus, OH, as it celebrates its 150th anni- MESSAGES FROM THE PRESIDENT cation, and community groups, among versary. In 1865, St. Mary initially op- Messages from the President of the others, into school planning, oper- erated under the leadership of Rev. United States were communicated to ations, and oversight. And, impor- Francis S. Specht in a building that the Senate by Mr. Pate, one of his sec- tantly, innovation schools will remain featured a one-room church, one-room retaries. part of their local education authority, school and second-story rectory. In f serving as laboratories for experimen- 1866, the parishioners began construc- tation, the benefits of which can serve tion on a German-gothic inspired EXECUTIVE MESSAGES REFERRED as a model for other schools in the dis- church. In 1893, the parishioners built As in executive session the Presiding trict. the iconic steeple, which rises to 197 Officer laid before the Senate messages Mrs. MURRAY. I thank Senator feet and still stands tall today. from the President of the United WHITEHOUSE. As ranking member of the The parish is home to more than 500 States submitting sundry nominations Health, Education, Labor and Pensions families, with parishioners from 5 dif- which were referred to the appropriate Committee, I support this amendment, ferent counties in Ohio. St. Mary also committees. which establishes a process for edu- hosts more than 50 weddings each year (The messages received today are cators in traditional public schools to and has approximately 230 students en- printed at the end of the Senate pro- pursue innovative, community-inspired rolled in prekindergarten through the ceedings.) strategies to improve education. My eighth grade. f home State of Washington has bene- The parish mission is ‘‘to be of one PRESIDENTIAL MESSAGE fited from educator-initiated innova- mind and heart with the Church by lov- tion through the Washington Innova- ing God with all our heart, all our tive Schools Program. I am proud to mind, all our strength, all our soul; and REPORT RELATIVE TO THE CON- say that we now have almost thirty by loving our neighbor as ourselves.’’ TINUATION OF THE NATIONAL designated innovative schools that are St. Mary fulfills its mission by sup- EMERGENCY WITH RESPECT TO pursuing creative and innovative edu- porting the needs of its congregation, SIGNIFICANT TRANSNATIONAL cational ideas with a high level of par- hosting community activities, and edu- CRIMINAL ORGANIZATIONS THAT ent and community involvement. And cating its students. Nearly 95 percent WAS ESTABLISHED IN EXECU- while providing room for innovation is of the students at St. Mary have been TIVE ORDER 13581 ON JULY 24, important, it is also essential that we fortunate enough to receive tuition as- 2011—PM21 maintain important Federal safe- sistance. The PRESIDING OFFICER laid be- guards. This is why under this amend- I am here today to honor St. Mary of fore the Senate the following message ment, innovation schools must still the Assumption and its congregation. I from the President of the United comply with part B of the Individuals congratulate all who were involved in States, together with an accompanying with Disabilities Education Act, title making its first 150 years a success. report; which was referred to the Com- VI of the Civil Rights Act of 1964, and mittee on Banking, Housing, and section 504 of the Rehabilitation Act of f Urban Affairs: 1973. This program will ensure that we To the Congress of the United States: balance the need for flexibility while ADDITIONAL STATEMENTS Section 202(d) of the National Emer- maintaining strong accountability. gencies Act (50 U.S.C. 1622(d)) provides Mr. ALEXANDER. I thank Senator for the automatic termination of a na- WHITEHOUSE for his work on this RECOGNIZING THE BOBBY FAMILY tional emergency unless, within 90 amendment. The thinking behind the OF ROSCOE, SOUTH DAKOTA days prior to the anniversary date of Innovation Schools Demonstration Au- ∑ Mr. ROUNDS. Mr. President, today I its declaration, the President publishes thority is consistent with the approach in the Federal Register and transmits to we have taken throughout the Every wish to recognize the Bobby family from Roscoe, SD, for their work in rail- the Congress a notice stating that the Child Achieves Act: returning more de- emergency is to continue in effect be- cisionmaking authority back to our road service. Roger, Duane, Albert, Bill, and Dale—led by their late father yond the anniversary date. In accord- 100,000 public schools and promoting ance with this provision, I have sent to greater flexibility in achieving high La Vern Bobby—have served a com- bined total of 232 years with the rail- the Federal Register for publication the standards. This pilot program would enclosed notice stating that the na- road industry. The six men have allow for the creation of autonomous tional emergency with respect to worked with Chicago, Milwaukee, St. schools that would operate under the transnational criminal organizations Paul, and Pacific Railroads, all serving same accountability standards as other declared in Executive Order 13581 of in the Maintenance of Way department schools in the school district; however, July 24, 2011, is to continue in effect be- these innovation schools would be throughout their careers. yond July 24, 2015. granted flexibility to increase student Following La Vern, who joined rail- The activities of significant achievement in innovative ways to best road service in 1955 after serving on a transnational criminal organizations serve the needs of their students. U.S. Navy destroyer in World War II, have reached such scope and gravity Through increased autonomy and flexi- the Bobby boys have dedicated their that they threaten the stability of bility, innovation schools may see lives to the railroad. Their railroad international political and economic some of the same demonstrated suc- service has spanned across a variety of systems. Such organizations are be- cesses as charter schools. Midwestern States, including South coming increasingly sophisticated and Mr. WHITEHOUSE. I thank Ranking Dakota, Minnesota, and Illinois. They dangerous to the United States; they Member MURRAY and Chairman ALEX- have made many sacrifices, frequently are increasingly entrenched in the op- ANDER for their support. I hope this traveling, moving, and leaving their erations of foreign governments and measure will meet all of our expecta- families at home to fulfill their duties the international financial system, tions and create great examples of in- with the railroad. thereby weakening democratic institu- novative, student-centered public The entire Bobby family deserves tions, degrading the rule of law, and schools. recognition for their hard work ethic, undermining economic markets. These f patriotism, and service to the railroad organizations facilitate and aggravate system. I extend my sincere gratitude violent civil conflicts and increasingly RECOGNIZING ST. MARY OF THE and appreciation to the Bobby family facilitate the activities of other dan- ASSUMPTION CATHOLIC CHURCH for their dedication to an industry that gerous persons. UPON ITS 150TH ANNIVERSARY is vital to our economy by connecting The activities of significant Mr. PORTMAN. Mr. President, today our country and transporting goods. I transnational criminal organizations I wish to honor St. Mary of the As- hope that the Bobby legacy will con- continue to pose an unusual and ex- sumption Catholic Church in the Ger- tinue to thrive with the generations to traordinary threat to the national se- man Village neighborhood of Colum- come.∑ curity, foreign policy, and economy of

VerDate Sep 11 2014 02:35 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.024 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5208 CONGRESSIONAL RECORD — SENATE July 21, 2015 the United States. Therefore, I have de- United States and the People’s Republic of ative to a vacancy in the position of Deputy termined that it is necessary to con- China transmitted to the Congress by the Under Secretary (Legislative Affairs), re- tinue the national emergency declared President on April 21, 2015, pursuant to the ceived in the Office of the President of the in Executive Order 13581 with respect Atomic Energy Act of 1954. Senate on July 14, 2015; to the Committee on f Banking, Housing, and Urban Affairs. to transnational criminal organiza- EC–2320. A communication from the Chair tions. MEASURES PLACED ON THE of the Board of Governors, Federal Reserve BARACK OBAMA. CALENDAR System, transmitting, pursuant to law, the THE WHITE HOUSE, July 21, 2015. Board’s semiannual Monetary Policy Report The following bill was read the sec- f to Congress; to the Committee on Banking, ond time, and placed on the calendar: Housing, and Urban Affairs. MESSAGES FROM THE HOUSE H.R. 3038. An act to provide an extension of EC–2321. A communication from the Assist- At 10:03 a.m., a message from the Federal-aid highway, highway safety, motor ant Director for Legislative Affairs, Con- sumer Financial Protection Bureau, trans- House of Representatives, delivered by carrier safety, transit, and other programs funded out of the Highway Trust Fund, and mitting, pursuant to law, a report relative to Novotny, one of its reading clerks, an- for other purposes. pre-dispute arbitration clauses in consumer nounced that the House has passed the financial markets; to the Committee on following bill, in which it requests the f Banking, Housing, and Urban Affairs. concurrence of the Senate: EXECUTIVE AND OTHER EC–2322. A communication from the Dis- trict of Columbia Auditor, transmitting, pur- H.R. 2898. An act to provide drought relief COMMUNICATIONS suant to law, reports entitled ‘‘The District’s in the State of California, and for other pur- The following communications were School Modernization Program Has Failed to poses. laid before the Senate, together with Comply with D.C. Code and Lacks Account- The message also announced that accompanying papers, reports, and doc- ability, Transparency and Basic Financial pursuant to section 1238(b)(3) of the uments, and were referred as indicated: Management’’ and ‘‘Audits of Public School Construction Programs: A Literature Re- Floyd D. Spence National Defense Au- EC–2313. A communication from the Direc- view’’; to the Committee on Homeland Secu- thorization Act for Fiscal Year 2001 (22 tor of the Regulatory Management Division, U.S.C. 7002), as amended, and the order rity and Governmental Affairs. Environmental Protection Agency, transmit- EC–2323. A communication from the Direc- of the House of January 6, 2015, the ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Speaker appoints the following individ- titled ‘‘Thiabendazole; Pesticide Tolerances Environmental Protection Agency, transmit- uals on the part of the House of Rep- for Emergency Exemptions’’ (FRL No. 9929– ting, pursuant to law, the report of a rule en- resentatives to the United States- 95) received in the Office of the President of titled ‘‘Approval and Promulgation of Air China Economic and Security Review the Senate on July 15, 2015; to the Com- Quality Implementation Plans; Connecticut; mittee on Agriculture, Nutrition, and For- Commission, for a term expiring on De- Prevention of Significant Deterioration and estry. Nonattainment New Source Review’’ (FRL cember 31, 2016: Mr. Larry Wortzel of EC–2314. A communication from the Direc- Williamsburg, Virginia, and Mr. Peter No. 9927–32–Region 1) received in the Office of tor of the Regulatory Management Division, the President of the Senate on July 15, 2015; Brookes of Springfield, Virginia. Environmental Protection Agency, transmit- to the Committee on Environment and Pub- ENROLLED BILLS SIGNED ting, pursuant to law, the report of a rule en- lic Works. At 4:42 p.m., a message from the titled ‘‘Novaluron; Pesticide Tolerances’’ EC–2324. A communication from the Direc- (FRL No. 9929–57) received in the Office of House of Representatives, delivered by tor of the Regulatory Management Division, the President of the Senate on July 15, 2015; Environmental Protection Agency, transmit- Mr. Novotny, one of its reading clerks, to the Committee on Agriculture, Nutrition, announced that the Speaker signed the ting, pursuant to law, the report of a rule en- and Forestry. titled ‘‘Approval and Promulgation of Air following enrolled bill: EC–2315. A communication from the Direc- Quality Implementation Plans; Illinois; Mid- S. 971. An act to amend title XVIII of the tor of the Regulatory Management Division, west Generation Variances’’ (FRL No. 9929– Social Security Act to provide for an in- Environmental Protection Agency, transmit- 71–Region 5) received in the Office of the crease in the limit on the length of an agree- ting, pursuant to law, the report of a rule en- President of the Senate on July 15, 2015; to ment under the Medicare independence at titled ‘‘Distillates, (Fischer-Tropsch), heavy, the Committee on Environment and Public home medical practice demonstration pro- C18-C50, branched, cyclic and linear; Exemp- Works. gram. tion from the Requirement of a Tolerance’’ EC–2325. A communication from the Direc- (FRL No. 9929–27) received in the Office of tor of the Regulatory Management Division, At 5:03 p.m., a message from the the President of the Senate on July 15, 2015; Environmental Protection Agency, transmit- House of Representatives, delivered by to the Committee on Agriculture, Nutrition, ting, pursuant to law, the report of a rule en- Mr. Novotny, one of its reading clerks, and Forestry. titled ‘‘Approval and Promulgation of Air EC–2316. A communication from the Chair- announced that the Speaker signed the Quality Implementation Plans; Pennsyl- man, Farm Credit System Insurance Cor- vania; Redesignation Request and Associated following enrolled bill: poration, transmitting, pursuant to law, the Maintenance Plan for the Lancaster Non- S. 984. An act to amend title XVIII of the Corporation’s annual report for calendar attainment Area for the 1997 Annual and 2006 Social Security Act to provide Medicare ben- year 2014; to the Committee on Agriculture, 24-Hour Fine Particulate Matter Standard’’ eficiary access to eye tracking accessories Nutrition, and Forestry. (FRL No. 9930–56–Region 3) received in the for speech generating devices and to remove EC–2317. A communication from the Acting Office of the President of the Senate on July the rental cap for durable medical equipment Under Secretary of Defense (Personnel and 15, 2015; to the Committee on Environment under the Medicare Program with respect to Readiness), transmitting a report on the ap- and Public Works. speech generating devices. proved retirement of Lieutenant General EC–2326. A communication from the Direc- f Noel T. Jones, United States Air Force, and tor of the Regulatory Management Division, his advancement to the grade of lieutenant Environmental Protection Agency, transmit- MEASURES REFERRED general on the retired list; to the Committee ting, pursuant to law, the report of a rule en- The following bill was read the first on Armed Services. titled ‘‘Approval and Promulgation of Air EC–2318. A communication from the Assist- and the second times by unanimous Quality Implementation Plans; Virginia; Re- ant Secretary for Export Administration, vision to the Definition of Volatile Organic consent, and referred as indicated: Bureau of Industry and Security, Depart- Compounds’’ (FRL No. 9930–63–Region 3) re- H.R. 2898. An act to provide drought relief ment of Commerce, transmitting, pursuant ceived in the Office of the President of the in the State of California, and for other pur- to law, the report of a rule entitled ‘‘Clari- Senate on July 15, 2015; to the Committee on poses; to the Committee on Energy and Nat- fications and Corrections to the Export Ad- Environment and Public Works. ural Resources. ministration Regulations (EAR): Control of EC–2327. A communication from the Direc- f Spacecraft Systems and Related Items the tor of the Regulatory Management Division, President Determines No Longer Warrant Environmental Protection Agency, transmit- MEASURES DISCHARGED Control Under the United States Munitions ting, pursuant to law, the report of a rule en- The following joint resolution was List (USML)’’ (RIN0694–AG59) received in the titled ‘‘Approval and Promulgation of Imple- discharged pursuant to 42 U.S.C. 2159(i) Office of the President of the Senate on July mentation Plans; North Carolina; Nitrogen 14, 2015; to the Committee on Banking, Hous- Dioxide and Sulfur Dioxide National Ambi- and Section 601(b)(4) of Public Law 94– ing, and Urban Affairs. ent Air Quality Standards Changes’’ (FRL 329, and placed on the calendar: EC–2319. A communication from the Assist- No. 9930–76–Region 4) received in the Office of S.J. Res. 19. Joint resolution to express the ant General Counsel, General Law, Ethics, the President of the Senate on July 15, 2015; disfavor of Congress regarding the proposed and Regulation, Department of the Treasury, to the Committee on Environment and Pub- agreement for cooperation between the transmitting, pursuant to law, a report rel- lic Works.

VerDate Sep 11 2014 04:49 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.005 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5209 EC–2328. A communication from the Direc- 14–133); to the Committee on Foreign Rela- President of the Senate on July 14, 2015; to tor of the Regulatory Management Division, tions. the Committee on Commerce, Science, and Environmental Protection Agency, transmit- EC–2337. A communication from the Assist- Transportation. ting, pursuant to law, the report of a rule en- ant Secretary, Legislative Affairs, Depart- EC–2346. A communication from the Attor- titled ‘‘Approval and Promulgation of Imple- ment of State, transmitting, pursuant to ney-Advisor, U.S. Coast Guard, Department mentation Plans; Texas; Low Reid Vapor law, the 2014 annual report on voting prac- of Homeland Security, transmitting, pursu- Pressure Regulations’’ (FRL No. 9930–79–Re- tices in the United Nations; to the Com- ant to law, the report of a rule entitled gion 6) received in the Office of the President mittee on Foreign Relations. ‘‘Safety Zone—Oil Exploration Staging Area of the Senate on July 15, 2015; to the Com- EC–2338. A communication from the Dep- in Goodhope Bay; Kotzebue Sound, AK’’ mittee on Environment and Public Works. uty Director, Centers for Medicare and Med- ((RIN1625–AA00) (Docket No. USCG–2015– EC–2329. A communication from the Direc- icaid Services, Department of Health and 0267)) received in the Office of the President tor of the Regulatory Management Division, Human Services, transmitting, pursuant to of the Senate on July 14, 2015; to the Com- Environmental Protection Agency, transmit- law, the report of a rule entitled ‘‘Coverage mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- of Certain Preventive Services Under the Af- tation. titled ‘‘Approval and Promulgation of Imple- fordable Care Act’’ ((RIN0938–AS50) (CMS– EC–2347. A communication from the Attor- mentation Plans; Washington; Interstate 9940-F)) received in the Office of the Presi- ney-Advisor, U.S. Coast Guard, Department Transport Requirements for the 2008 Lead dent of the Senate on July 15, 2015; to the of Homeland Security, transmitting, pursu- and 2010 Nitrogen Dioxide National Ambient Committee on Health, Education, Labor, and ant to law, the report of a rule entitled Air Quality Standards’’ (FRL No. 9930–69–Re- Pensions. ‘‘Regulated Navigation Area; 4th of July, gion 10) received in the Office of the Presi- EC–2339. A communication from the Direc- Biscayne Bay, Miami, FL’’ ((RIN1625–AA11) dent of the Senate on July 15, 2015; to the tor of Regulations and Policy Management (Docket No. USCG–2015–0450)) received in the Committee on Environment and Public Staff, Food and Drug Administration, De- Office of the President of the Senate on July Works. partment of Health and Human Services, 14, 2015; to the Committee on Commerce, EC–2330. A communication from the Direc- transmitting, pursuant to law, the report of Science, and Transportation. tor of Congressional Affairs, Nuclear Regu- a rule entitled ‘‘Veterinary Feed Directive; f latory Research, Nuclear Regulatory Com- Correction’’ ((RIN0910–AG95) (Docket No. mission, transmitting, pursuant to law, the FDA–2011–N–0155)) received in the Office of PETITIONS AND MEMORIALS report of a rule entitled ‘‘OPEN PHASE the President of the Senate on July 14, 2015; The following petitions and memo- CONDITIONS IN ELECTRIC POWER SYS- to the Committee on Health, Education, rials were laid before the Senate and Labor, and Pensions. TEM’’ (BTP 8–9) received in the Office of the were referred or ordered to lie on the President of the Senate on July 14, 2015; to EC–2340. A communication from the Rules the Committee on Environment and Public Administrator, Federal Bureau of Prisons, table as indicated: Works. Department of Justice, transmitting, pursu- POM–50. A concurrent resolution adopted EC–2331. A communication from the Direc- ant to law, the report of a rule entitled by the Legislature of the State of Louisiana tor of Congressional Affairs, Nuclear Regu- ‘‘Transfer of Offenders to Foreign Countries’’ memorializing the United States Congress to latory Research, Nuclear Regulatory Com- (RIN1120–AB65) received in the Office of the eliminate the current ban on crude oil ex- mission, transmitting, pursuant to law, the President of the Senate on July 14, 2015; to ports; to the Committee on Banking, Hous- report of a rule entitled ‘‘PHYSICAL SECU- the Committee on the Judiciary. ing, and Urban Affairs. RITY—REVIEW OF PHYSICAL SECURITY EC–2341. A communication from the Rules SENATE CONCURRENT RESOLUTION NO. 94 SYSTEM DESIGNS—STANDARD DESIGN Administrator, Federal Bureau of Prisons, Whereas, the efficient exploration, produc- CERTIFICATION AND OPERATING REAC- Department of Justice, transmitting, pursu- tion, and transportation of oil in Louisiana TOR LICENSING APPLICATIONS’’ (SRP ant to law, the report of a rule entitled prevents waste of the state’s natural re- 13.6.2) received in the Office of the President ‘‘Commutation of Sentence: Technical sources; contributes to the health, welfare, of the Senate on July 14, 2015; to the Com- Change’’ (RIN1120–AB54) received in the Of- and safety of the general public; and pro- mittee on Environment and Public Works. fice of the President of the Senate on July motes the prosperity of the state; and EC–2332. A communication from the Direc- 14, 2015; to the Committee on the Judiciary. Whereas, the tax revenues and economic tor of Congressional Affairs, Nuclear Regu- EC–2342. A communication from the Acting prosperity deriving from this Louisiana en- latory Research, Nuclear Regulatory Com- Director of Regulation Policy and Manage- ergy renaissance have greatly benefitted mission, transmitting, pursuant to law, the ment, Veterans Benefits Administration, De- Louisiana public schools, higher education, report of a rule entitled ‘‘Strategies and partment of Veterans Affairs, transmitting, critical infrastructure development, and Guidance to Address Loss of Large Areas of pursuant to law, the report of a rule entitled public health and safety programs; and the Plant Due to Explosions and Fires’’ ‘‘Uniform Administrative Requirements, Whereas, improved technologies and abun- (NUREG–0800, SRP Section 19.4) received in Cost Principles, and Audit Requirements for dant resources have made the United States the Office of the President of the Senate on Federal Awards; Updating References’’ of America the world’s leading oil and nat- July 14, 2015; to the Committee on Environ- (RIN2900–AP22) received in the Office of the ural gas producer, overtaking Saudi Arabia ment and Public Works. President of the Senate on July 14, 2015; to and Russia; and EC–2333. A communication from the Direc- the Committee on Veterans’ Affairs. Whereas, the 1970s-era federal law prohib- tor of Congressional Affairs, Nuclear Regu- EC–2343. A communication from the Acting iting crude oil exports is a relic from an era latory Commission, transmitting, pursuant Director of Regulation Policy and Manage- of scarcity and flawed price control policies; to law, the report of a rule entitled ‘‘Revi- ment, Veterans Benefits Administration, De- and sion of Fee Schedules; Fee Recovery for Fis- partment of Veterans Affairs, transmitting, Whereas, allowing American crude oil ex- cal Year 2015’’ ((RIN3150–AJ44) (NRC–2014– pursuant to law, the report of a rule entitled ports will strengthen U.S. geopolitical influ- 0200)) received in the Office of the President ‘‘Agency Interpretation of Prosthetic Re- ence by giving our trading partners a more of the Senate on July 14, 2015; to the Com- placement of a Joint’’ (RIN2900–AP38) re- secure source of supply, and allowing the ex- mittee on Environment and Public Works. ceived in the Office of the President of the port of American crude oil will make our al- EC–2334. A communication from the Chief Senate on July 14, 2015; to the Committee on lies less dependent on crude oil from Russia of the Publications and Regulations Branch, Veterans’ Affairs. and the Middle East; and Internal Revenue Service, Department of the EC–2344. A communication from the Sec- Whereas, the world’s other major devel- Treasury, transmitting, pursuant to law, the retary of the Commission, Bureau of Con- oped nations allow crude oil exports, making report of a rule entitled ‘‘Transaction of In- sumer Protection, Federal Trade Commis- the U.S. the only nation that does not take terest Notice for Basket Contacts’’ (Notice sion, transmitting, pursuant to law, the re- full advantage of trading a valuable resource 2015–48) received in the Office of the Presi- port of a rule entitled ‘‘16 CFR PART 305— in what is an otherwise global free market; dent of the Senate on July 14, 2015; to the ENERGY AND WATER USE FOR LABEL- and Committee on Finance. ING FOR CONSUMER PRODUCTS UNDER Whereas, crude oil exports will benefit the EC–2335. A communication from the Chief THE ENERGY POLICY AND CONSERVA- U.S.’s national security interests by decreas- of the Publications and Regulations Branch, TION ACT (‘ENERGY LABELING RULE’)’’ ing the likelihood that global oil supply can Internal Revenue Service, Department of the (RIN3084–AA74) received in the Office of the be used internationally as a strategic weap- Treasury, transmitting, pursuant to law, the President of the Senate on July 14, 2015; to on; and report of a rule entitled ‘‘Listing Notice for the Committee on Commerce, Science, and Whereas, numerous studies have found Basket Option Contacts’’ (Notice 2015–47) re- Transportation. that allowing American crude oil into the ceived in the Office of the President of the EC–2345. A communication from the Asso- world’s free market will benefit U.S. trade Senate on July 14, 2015; to the Committee on ciate General Counsel for General Law, De- and American consumers while creating Finance. partment of Homeland Security, transmit- more high-paying jobs for Louisianians; and EC–2336. A communication from the Assist- ting, pursuant to law, a report relative to a Whereas, the U.S. is the largest exporter of ant Secretary, Legislative Affairs, Depart- vacancy in the position of Assistant Sec- refined petroleum products and would ben- ment of State, transmitting, pursuant to retary/Administrator, Transportation Secu- efit even more substantially from the export law, a report relative to sections 36(c) and rity Administration, Department of Home- of both crude oil and refined petroleum prod- 36(d) of the Arms Export Control Act (DDTC land Security, received in the Office of the ucts; and

VerDate Sep 11 2014 02:35 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.011 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5210 CONGRESSIONAL RECORD — SENATE July 21, 2015 Whereas, at least seven independent stud- By Mr. MARKEY (for himself and Mr. ess of agencies; to the Committee on Home- ies have confirmed that repealing the ban on BLUMENTHAL): land Security and Governmental Affairs. American crude oil exports will lower U.S. S. 1806. A bill to protect consumers from By Mr. DAINES: gas prices, benefitting Louisiana consumers security and privacy threats to their motor S. 1819. A bill to improve security at and businesses; and vehicles, and for other purposes; to the Com- Armed Forces recruitment centers; to the Whereas, many small and large Louisiana mittee on Commerce, Science, and Transpor- Committee on Armed Services. businesses that support oil and gas develop- tation. By Mr. LANKFORD: ment will benefit from ongoing production; By Mr. DAINES (for himself, Mr. S. 1820. A bill to require agencies to pub- and BLUNT, and Mr. GARDNER): lish an advance notice of proposed rule mak- Whereas, manufacturers will benefit from S. 1807. A bill to require agencies to pub- ing for major rules; to the Committee on less volatility in energy costs; and lish the categorization of certain proposed Homeland Security and Governmental Af- Whereas, encouraging a global market- and final rules, and for other purposes; to the fairs. place that is more free from artificial bar- Committee on Homeland Security and Gov- By Mr. JOHNSON: riers will economically benefit Louisiana, ernmental Affairs. S. 1821. A bill to permit service members to the rest of the U.S., and our friends around By Ms. HEITKAMP (for herself, Ms. carry firearms on military installations, in- the world: Now, therefore, be it AYOTTE, Mr. PETERS, and Mr. JOHN- cluding reserve centers and recruitment of- Resolved, That the Legislature of Louisiana SON): fices; to the Committee on Armed Services. memorializes the Congress of the United S. 1808. A bill to require the Secretary of By Mrs. BOXER: States to recognize that crude oil exports Homeland Security to conduct a Northern S. 1822. A bill to take certain Federal land and free trade are in the national interest Border threat analysis, and for other pur- located in Tuolumne County, California, into and take all necessary steps to eliminate the poses; to the Committee on Homeland Secu- trust for the benefit of the Tuolumne Band current ban on crude oil exports; and be it rity and Governmental Affairs. of Me-Wuk Indians, and for other purposes; further By Ms. AYOTTE (for herself, Mr. KING, to the Committee on Indian Affairs. Resolved, That a copy of this Resolution and Mr. BLUNT): By Mr. MORAN: shall be transmitted to the secretary of the S. 1809. A bill to amend the Internal Rev- S. 1823. A bill to safeguard military per- United States Senate and the clerk of the enue Code of 1986 to simplify the treatment sonnel on Armed Forces military installa- United States House of Representatives and of seasonal positions for purposes of the em- tions by repealing bans on military per- to each member of the Louisiana delegation ployer shared responsibility requirement; to sonnel carrying firearms, and for other pur- to the United States Congress. the Committee on Finance. poses; to the Committee on Armed Services. By Mr. VITTER (for himself and Mr. By Mrs. GILLIBRAND: POM–51. A petition by a citizen from the CRUZ): S. 1824. A bill to authorize the Secretary of state of Texas relative to United States S. 1810. A bill to apply the provisions of the the Interior to conduct a study to assess the paper currency; to the Committee on Bank- Patient Protection and Affordable Care Act suitability and feasibility of designating cer- ing, Housing, and Urban Affairs. to Congressional members and members of tain land as the Finger Lakes National Her- f the executive branch; to the Committee on itage Area, and for other purposes; to the Homeland Security and Governmental Af- Committee on Energy and Natural Re- REPORTS OF COMMITTEES fairs. sources. By Mr. MENENDEZ (for himself, Mr. The following reports of committees f were submitted: SCHUMER, Mrs. GILLIBRAND, and Mr. BOOKER): SUBMISSION OF CONCURRENT AND By Mr. JOHNSON, from the Committee on S. 1811. A bill to require the Administrator Homeland Security and Governmental Af- of the Small Business Administration to es- SENATE RESOLUTIONS fairs, without amendment: tablish a program to make loans to certain The following concurrent resolutions S. 546. A bill to establish the Railroad businesses, homeowners, and renters affected and Senate resolutions were read, and Emergency Services Preparedness, Oper- by Superstorm Sandy; to the Committee on referred (or acted upon), as indicated: ational Needs, and Safety Evaluation (RE- Small Business and Entrepreneurship. SPONSE) Subcommittee under the Federal By Mr. GRASSLEY (for himself, Mr. By Mr. CRUZ (for himself and Mr. TOOMEY): Emergency Management Agency’s National BARRASSO, and Mr. CORNYN): Advisory Council to provide recommenda- S. 1812. A bill to protect public safety by S. Res. 224. A resolution expressing the tions on emergency responder training and incentivizing State and local law enforce- sense of the Senate that the area between resources relating to hazardous materials in- ment to cooperate with Federal immigration the intersections of International Drive, cidents involving railroads, and for other law enforcement to prevent the release of Northwest and Van Ness Street, Northwest purposes (Rept. No. 114–85). criminal aliens into communities; to the and International Drive, Northwest and S. 614. A bill to provide access to and use Committee on the Judiciary. International Place, Northwest in Wash- of information by Federal agencies in order By Mr. MORAN (for himself and Mr. ington, District of Columbia, should be des- to reduce improper payments, and for other DONNELLY): ignated as ‘‘Liu Xiaobo Plaza’’; to the Com- purposes (Rept. No. 114–86). S. 1813. A bill to establish a bus state of mittee on Homeland Security and Govern- By Mr. ENZI, from the Committee on the good repair program; to the Committee on mental Affairs. Budget, without amendment: Banking, Housing, and Urban Affairs. By Mr. VITTER (for himself, Mrs. SHA- S. 1495. A bill to curtail the use of changes By Mr. VITTER (for himself, Mr. HEEN, Mr. RISCH, Mr. COONS, Ms. in mandatory programs affecting the Crime FLAKE, and Mr. MCCAIN): AYOTTE, Ms. HIRONO, Mrs. FISCHER, Victims Fund to inflate spending (Rept. No. S. 1814. A bill to withhold certain Federal Mr. CARDIN, Mr. RUBIO, Mr. PETERS, 114–87). funding from sanctuary cities; to the Com- Mr. GARDNER, Mr. MARKEY, Mrs. f mittee on the Judiciary. ERNST, and Mr. ENZI): By Mr. HELLER: S. Res. 225. A resolution honoring the Na- INTRODUCTION OF BILLS AND S. 1815. A bill to require a process by which tional Association of Women Business Own- JOINT RESOLUTIONS members of the Armed Forces may carry a ers on its 40th anniversary; to the Com- The following bills and joint resolu- concealed personal firearm on a military in- mittee on the Judiciary. By Mr. CRUZ: tions were introduced, read the first stallation; to the Committee on Armed Serv- ices. S. Res. 226. A resolution expressing the and second times by unanimous con- By Mr. ROUNDS (for himself and Mr. sense of the Senate that the street between sent, and referred as indicated: BLUNT): the intersections of 16th Street, Northwest By Mr. CRUZ: S. 1816. A bill to provide relief to commu- and Fuller Street, Northwest and 16th S. 1804. A bill to eliminate the Bureau of nity banks, to promote access to capital for Street, Northwest and Euclid Street, North- Consumer Financial Protection by repealing community banks, and for other purposes; to west in Washington, District of Columbia, title X of the Dodd-Frank Wall Street Re- the Committee on Banking, Housing, and should be designated as ‘‘Oswaldo Paya form and Consumer Protection Act, com- Urban Affairs. Way’’; to the Committee on Homeland Secu- monly known as the Consumer Financial By Ms. HEITKAMP (for herself and Mr. rity and Governmental Affairs. Protection Act of 2010; to the Committee on LANKFORD): By Mr. CORKER (for himself, Mr. Banking, Housing, and Urban Affairs. S. 1817. A bill to improve the effectiveness ALEXANDER, Mr. MCCONNELL, Mr. By Mr. INHOFE (for himself and Mr. of major rules in accomplishing their regu- REID, Ms. AYOTTE, Ms. BALDWIN, Mr. KING): latory objectives by promoting retrospective BARRASSO, Mr. BENNET, Mr. S. 1805. A bill to amend the Richard B. Rus- review, and for other purposes; to the Com- BLUMENTHAL, Mr. BLUNT, Mr. BOOK- sell National School Lunch Act to provide mittee on Homeland Security and Govern- ER, Mr. BOOZMAN, Mrs. BOXER, Mr. flexibility to school food authorities in es- mental Affairs. BROWN, Mr. BURR, Ms. CANTWELL, tablishing a price for paid school lunches; to By Mr. LANKFORD: Mrs. CAPITO, Mr. CARDIN, Mr. CAR- the Committee on Agriculture, Nutrition, S. 1818. A bill to amend title 5, United PER, Mr. CASEY, Mr. CASSIDY, Mr. and Forestry. States Code, to reform the rule making proc- COATS, Mr. COCHRAN, Ms. COLLINS,

VerDate Sep 11 2014 02:35 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.017 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5211 Mr. COONS, Mr. CORNYN, Mr. COTTON, coverage under the Medicare program S. 626 Mr. CRAPO, Mr. CRUZ, Mr. DAINES, of pharmacist services. At the request of Mr. GRASSLEY, the Mr. DONNELLY, Mr. DURBIN, Mr. ENZI, S. 330 name of the Senator from Iowa (Mrs. Mrs. ERNST, Mrs. FEINSTEIN, Mrs. At the request of Mr. HELLER, the ERNST) was added as a cosponsor of S. FISCHER, Mr. FLAKE, Mr. FRANKEN, Mr. GARDNER, Mrs. GILLIBRAND, Mr. names of the Senator from New York 626, a bill to amend title XIX of the So- GRAHAM, Mr. GRASSLEY, Mr. HATCH, (Mr. SCHUMER) and the Senator from cial Security Act to cover physician Mr. HEINRICH, Ms. HEITKAMP, Mr. Alaska (Ms. MURKOWSKI) were added as services delivered by podiatric physi- HELLER, Ms. HIRONO, Mr. HOEVEN, Mr. cosponsors of S. 330, a bill to amend the cians to ensure access by Medicaid INHOFE, Mr. ISAKSON, Mr. JOHNSON, Internal Revenue Code of 1986 to make beneficiaries to appropriate quality Mr. KAINE, Mr. KING, Mr. KIRK, Ms. permanent the special rule for con- foot and ankle care, to amend title KLOBUCHAR, Mr. LANKFORD, Mr. tributions of qualified conservation XVIII of such Act to modify the re- LEAHY, Mr. LEE, Mr. MANCHIN, Mr. contributions, and for other purposes. quirements for diabetic shoes to be in- MARKEY, Mr. MCCAIN, Mrs. MCCAS- KILL, Mr. MENENDEZ, Mr. MERKLEY, S. 368 cluded under Medicare, and for other Ms. MIKULSKI, Mr. MORAN, Ms. MUR- At the request of Mr. TOOMEY, the purposes. KOWSKI, Mr. MURPHY, Mrs. MURRAY, name of the Senator from Oklahoma S. 637 Mr. NELSON, Mr. PAUL, Mr. PERDUE, (Mr. LANKFORD) was added as a cospon- At the request of Mr. CRAPO, the Mr. PETERS, Mr. PORTMAN, Mr. REED, sor of S. 368, a bill to amend title 18, names of the Senator from Washington Mr. RISCH, Mr. ROBERTS, Mr. ROUNDS, United States Code, to require that the (Mrs. MURRAY) and the Senator from Mr. RUBIO, Mr. SANDERS, Mr. SASSE, Director of the Bureau of Prisons en- ISCHER Mr. SCHATZ, Mr. SCHUMER, Mr. SCOTT, Nebraska (Mrs. F ) were added as Mr. SESSIONS, Mrs. SHAHEEN, Mr. sure that each chief executive officer of cosponsors of S. 637, a bill to amend the SHELBY, Ms. STABENOW, Mr. SUL- a Federal penal or correctional institu- Internal Revenue Code of 1986 to extend LIVAN, Mr. TESTER, Mr. THUNE, Mr. tion provides a secure storage area lo- and modify the railroad track mainte- TILLIS, Mr. TOOMEY, Mr. UDALL, Mr. cated outside of the secure perimeter nance credit. VITTER, Mr. WARNER, Ms. WARREN, of the Federal penal or correctional in- S. 681 Mr. WHITEHOUSE, Mr. WICKER, and stitution for firearms carried by cer- At the request of Mrs. GILLIBRAND, Mr. WYDEN): tain employees of the Bureau of Pris- S. Res. 227. A resolution condemning the the names of the Senator from Mis- attacks of July 16, 2015, in Chattanooga, Ten- ons, and for other purposes. sissippi (Mr. COCHRAN) and the Senator nessee, honoring the members of the Armed S. 431 from Delaware (Mr. COONS) were added Forces who lost their lives, and expressing At the request of Mr. THUNE, the as cosponsors of S. 681, a bill to amend support and prayers for all those affected; name of the Senator from Iowa (Mrs. title 38, United States Code, to clarify considered and agreed to. ERNST) was added as a cosponsor of S. presumptions relating to the exposure f 431, a bill to permanently extend the of certain veterans who served in the ADDITIONAL COSPONSORS Internet Tax Freedom Act. vicinity of the Republic of Vietnam, S. 540 and for other purposes. S. 51 At the request of Ms. COLLINS, the S. 683 At the request of Mr. VITTER, the name of the Senator from Pennsyl- names of the Senator from Utah (Mr. At the request of Mr. BOOKER, the vania (Mr. CASEY) was added as a co- name of the Senator from (Ms. LEE), the Senator from Texas (Mr. sponsor of S. 540, a bill to amend the CRUZ) and the Senator from Kentucky HIRONO) was added as a cosponsor of S. Richard B. Russell National School 683, a bill to extend the principle of fed- (Mr. PAUL) were added as cosponsors of Lunch Act to require the Secretary of S. 51, a bill to amend title X of the eralism to State drug policy, provide Agriculture to make loan guarantees access to medical marijuana, and en- Public Health Service Act to prohibit and grants to finance certain improve- family planning grants from being able research into the medicinal prop- ments to school lunch facilities, to erties of marijuana. awarded to any entity that performs train school food service personnel, and S. 713 abortions, and for other purposes. for other purposes. S. 185 At the request of Mrs. BOXER, the S. 571 name of the Senator from Connecticut At the request of Mr. HATCH, the At the request of Mr. INHOFE, the (Mr. MURPHY) was added as a cosponsor name of the Senator from Delaware names of the Senator from Colorado of S. 713, a bill to prevent international (Mr. CARPER) was added as a cosponsor (Mr. GARDNER), the Senator from North violence against women, and for other of S. 185, a bill to create a limited pop- Dakota (Mr. HOEVEN), the Senator from purposes. ulation pathway for approval of certain South Carolina (Mr. SCOTT), the Sen- S. 746 antibacterial drugs. ator from Texas (Mr. CORNYN), the Sen- S. 238 ator from Utah (Mr. LEE), the Senator At the request of Mr. GRASSLEY, the At the request of Mr. TOOMEY, the from Georgia (Mr. PERDUE), the Sen- name of the Senator from South Caro- name of the Senator from Oklahoma ator from Arizona (Mr. FLAKE), the lina (Mr. GRAHAM) was added as a co- (Mr. LANKFORD) was added as a cospon- Senator from Louisiana (Mr. VITTER) sponsor of S. 746, a bill to provide for sor of S. 238, a bill to amend title 18, and the Senator from Wisconsin (Ms. the establishment of a Commission to United States Code, to authorize the BALDWIN) were added as cosponsors of Accelerate the End of Breast Cancer. Director of the Bureau of Prisons to S. 571, a bill to amend the Pilot’s Bill S. 799 issue oleoresin capsicum spray to offi- of Rights to facilitate appeals and to At the request of Mr. MCCONNELL, cers and employees of the Bureau of apply to other certificates issued by the names of the Senator from Maine Prisons. the Federal Aviation Administration, (Mr. KING) and the Senator from Dela- S. 313 to require the revision of the third ware (Mr. CARPER) were added as co- At the request of Mr. GRASSLEY, the class medical certification regulations sponsors of S. 799, a bill to combat the name of the Senator from Mississippi issued by the Federal Aviation Admin- rise of prenatal opioid abuse and neo- (Mr. WICKER) was added as a cosponsor istration, and for other purposes. natal abstinence syndrome. of S. 313, a bill to amend title XVIII of S. 586 S. 804 the Social Security Act to add physical At the request of Mrs. SHAHEEN, the At the request of Mrs. SHAHEEN, the therapists to the list of providers al- name of the Senator from South Caro- name of the Senator from Vermont lowed to utilize locum tenens arrange- lina (Mr. GRAHAM) was added as a co- (Mr. LEAHY) was added as a cosponsor ments under Medicare. sponsor of S. 586, a bill to amend the of S. 804, a bill to amend title XVIII of S. 314 Public Health Service Act to foster the Social Security Act to specify cov- At the request of Mr. GRASSLEY, the more effective implementation and co- erage of continuous glucose monitoring name of the Senator from Missouri ordination of clinical care for people devices, and for other purposes. (Mr. BLUNT) was added as a cosponsor with pre-diabetes, diabetes, and the At the request of Ms. COLLINS, the of S. 314, a bill to amend title XVIII of chronic diseases and conditions that names of the Senator from Iowa (Mr. the Social Security Act to provide for result from diabetes. GRASSLEY) and the Senator from New

VerDate Sep 11 2014 02:35 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.016 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5212 CONGRESSIONAL RECORD — SENATE July 21, 2015 Hampshire (Ms. AYOTTE) were added as (Mr. REED) was added as a cosponsor of Vermont (Mr. LEAHY) were added as co- cosponsors of S. 804, supra. S. 1380, a bill to support early learning. sponsors of S. 1774, a bill to amend title S. 849 S. 1390 11 of the United States Code to treat At the request of Mr. ISAKSON, the At the request of Mr. GARDNER, the Puerto Rico as a State for purposes of name of the Senator from New Jersey name of the Senator from New Mexico chapter 9 of such title relating to the (Mr. MENENDEZ) was added as a cospon- (Mr. HEINRICH) was added as a cospon- adjustment of debts of municipalities. sor of S. 849, a bill to amend the Public sor of S. 1390, a bill to help provide re- S. 1779 Health Service Act to provide for sys- lief to State education budgets during At the request of Ms. BALDWIN, the tematic data collection and analysis a recovering economy, to help fulfill name of the Senator from Vermont and epidemiological research regarding the Federal mandate to provide higher (Mr. SANDERS) was added as a cospon- Multiple Sclerosis (MS), Parkinson’s educational opportunities for Native sor of S. 1779, a bill to prevent conflicts disease, and other neurological dis- American Indians, and for other pur- of interest that stem from executive eases. poses. Government employees receiving bo- S. 928 nuses or other compensation arrange- S. 1445 At the request of Mrs. GILLIBRAND, ments from nongovernment sources, At the request of Mrs. FISCHER, the the name of the Senator from Min- from the revolving door that raises name of the Senator from South Caro- nesota (Ms. KLOBUCHAR) was added as a concerns about the independence of fi- lina (Mr. SCOTT) was added as a cospon- cosponsor of S. 928, a bill to reauthor- nancial services regulators, and from sor of S. 1445, a bill to improve the ize the World Trade Center Health Pro- the revolving door that casts asper- gram and the September 11th Victim Microloan Program of the Small Busi- sions over the awarding of Government Compensation Fund of 2001, and for ness Administration. contracts and other financial benefits. other purposes. S. 1458 S. RES. 222 S. 1056 At the request of Mr. COATS, the At the request of Mr. LEAHY, the At the request of Mr. CARDIN, the name of the Senator from Montana names of the Senator from Rhode Is- name of the Senator from Wisconsin (Mr. DAINES) was added as a cosponsor land (Mr. REED) and the Senator from (Ms. BALDWIN) was added as a cospon- of S. 1458, a bill to amend the Surface Minnesota (Mr. FRANKEN) were added sor of S. 1056, a bill to eliminate racial Mining Control and Reclamation Act of as cosponsors of S. Res. 222, a resolu- profiling by law enforcement, and for 1977 to ensure scientific transparency tion expressing the sense of the Senate other purposes. in the development of environmental that the Federation Internationale de S. 1081 regulations and for other purposes. Football Association should imme- At the request of Mr. BOOKER, the S. 1495 diately eliminate gender pay inequity name of the Senator from Massachu- At the request of Mr. TOOMEY, the and treat all athletes with the same re- setts (Mr. MARKEY) was added as a co- names of the Senator from Arizona spect and dignity. sponsor of S. 1081, a bill to end the use (Mr. FLAKE) and the Senator from Flor- f of body-gripping traps in the National ida (Mr. RUBIO) were added as cospon- STATEMENTS ON INTRODUCED Wildlife Refuge System. sors of S. 1495, a bill to curtail the use BILLS AND JOINT RESOLUTIONS S. 1140 of changes in mandatory programs af- At the request of Mr. BARRASSO, the fecting the Crime Victims Fund to in- name of the Senator from South Caro- flate spending. By Mr. DAINES (for himself, Mr. BLUNT, and Mr. GARDNER): lina (Mr. GRAHAM) was added as a co- S. 1538 S. 1807. A bill to require agencies to sponsor of S. 1140, a bill to require the At the request of Mr. DURBIN, the Secretary of the Army and the Admin- publish the categorization of certain name of the Senator from Hawaii (Mr. proposed and final rules, and for other istrator of the Environmental Protec- SCHATZ) was added as a cosponsor of S. tion Agency to propose a regulation re- purposes; to the Committee on Home- 1538, a bill to reform the financing of land Security and Governmental Af- vising the definition of the term Senate elections, and for other pur- ‘‘waters of the United States’’, and for fairs. poses. Mr. DAINES. Mr. President, I rise other purposes. S. 1603 today to introduce the Regulatory Im- S. 1169 At the request of Mr. FLAKE, the pact Scale on the Economy Small Busi- At the request of Mr. GRASSLEY, the name of the Senator from Oklahoma ness Act, also known as the RISE Act. names of the Senator from Utah (Mr. (Mr. LANKFORD) was added as a cospon- One of Congress’s most fundamental re- HATCH) and the Senator from Florida sor of S. 1603, a bill to actively recruit sponsibilities is to provide oversight to (Mr. RUBIO) were added as cosponsors members of the Armed Forces who are its vast regulatory structure, particu- of S. 1169, a bill to reauthorize and im- separating from military service to larly as it pertains to small businesses. prove the Juvenile Justice and Delin- serve as Customs and Border Protec- However, Congress lacks the proper quency Prevention Act of 1974, and for tion Officers. framework to effectively monitor the other purposes. S. 1640 impact of regulatory activity on small S. 1170 At the request of Mr. SESSIONS, the businesses. Today, there is no trans- At the request of Mrs. FEINSTEIN, the parent, standardized means to realize name of the Senator from Pennsyl- name of the Senator from Texas (Mr. CRUZ) was added as a cosponsor of S. the economic scale of regulatory rules, vania (Mr. CASEY) was added as a co- 1640, a bill to amend the Immigration either proposed or finalized, to frame sponsor of S. 1170, a bill to amend title their economic significance on a com- 39, United States Code, to extend the and Nationality Act to improve immi- gration law enforcement within the in- parative basis. Likewise, the American authority of the United States Postal public also has no means to effectively Service to issue a semipostal to raise terior of the United States, and for other purposes. gauge and monitor the significance of funds for breast cancer research, and regulatory rules. With the current lack for other purposes. S. 1679 of scale, there is no means to categori- S. 1214 At the request of Mr. HELLER, the cally delineate between a ‘‘big regula- At the request of Mr. MENENDEZ, the name of the Senator from Idaho (Mr. tion’’ and a ‘‘really big regulation,’’ re- names of the Senator from New York CRAPO) was added as a cosponsor of S. sulting in less effective oversight. (Mrs. GILLIBRAND) and the Senator 1679, a bill to amend the Flood Disaster In addition, agencies wield tremen- from Connecticut (Mr. BLUMENTHAL) Protection Act of 1973 to require that dous discretionary power in deter- were added as cosponsors of S. 1214, a certain buildings and personal property mining whether required small busi- bill to prevent human health threats be covered by flood insurance, and for ness analysis applies. Today, regu- posed by the consumption of equines other purposes. latory flexibility analysis is triggered raised in the United States. S. 1774 when a proposed rule is determined by S. 1380 At the request of Mr. BLUMENTHAL, the issuing agency to have a ‘‘signifi- At the request of Mrs. MURRAY, the the names of the Senator from Virginia cant economic impact’’ on a substan- name of the Senator from Rhode Island (Mr. WARNER) and the Senator from tial number of small entities. However,

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.018 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5213 Congress has provided no bright-line ‘‘(D) category 4 rule, if the agency deter- Whereas renaming a portion of the street standard to determine what con- mines that the rule is likely to result in an in front of the Embassy of the People’s Re- stitutes significant economic impact, annual effect on the economy of not less public of China in the District of Columbia allowing agencies to exercise an unnec- than $5,000,000,000 and not more than after Dr. Liu Xiaobo serves as an expression $9,999,999,999; and of solidarity between the people of the essary amount of leniency to bypass ‘‘(E) category 5 rule, if the agency deter- United States and the people of the People’s regulatory flexibility analysis, which is mines that the rule is likely to result in an Republic of China who are, like Dr. Liu meant to give special consideration to annual effect on the economy of not less Xiaobo, engaged in a long and non-violent small businesses. than $10,000,000,000. struggle for fundamental human rights: Now, To improve both Congress and ‘‘(3) SUBMISSION TO OIRA.—Each agency therefore, be it public’s ability to provide regulatory shall, on an annual basis, submit to the Ad- Resolved, that it is the sense of the Senate oversight, I recommend that Congress ministrator of the Office of Information and that— should require agencies to categorize Regulatory Affairs a list of the rules, by cat- (1) the area between the intersections of egory, that the agency published in the Fed- each proposed and final rule based on International Drive, Northwest and Van Ness eral Register under paragraph (1) during the Street, Northwest and International Drive, the following categories of economic preceding year. impact: category 1 between $100 million Northwest and International Place, North- ‘‘(4) PUBLICATION ON OIRA WEBSITE.—Not west in Washington, District of Columbia, and $500 million; category 2 between later than 60 days after the date on which should be known and designated as ‘‘Liu $500 million and $1 billion; category 3 the Administrator of the Office of Informa- Xiaobo Plaza’’, and any reference in a law, between $1 billion and $5 billion; cat- tion and Regulatory Affairs receives a list of map, regulation, document, paper, or other egory 4 between $5 billion and $10 bil- rules from an agency under paragraph (3), record to that area should be deemed to be a lion; and category 5 at $10 billion and the Administrator shall publish on reference to Liu Xiaobo Plaza; www.reginfo.gov— over. To disallow agencies from abus- (2) the address of 3505 International Place, ‘‘(A) the list of rules received from the Northwest, Washington, District of Colum- ing broad discretionary power, Con- agency under paragraph (3); and gress should establish a bright-line bia, should be redesignated as 1 Liu Xiaobo ‘‘(B) an estimate of the costs and benefits Plaza, and any reference in a law, map, regu- standard for ‘‘significant economic im- of each rule included on the list.’’. lation, document, paper, or other record of pact’’ of $100 million. Providing such SEC. 3. DEFINING SIGNIFICANT ECONOMIC IM- the United States to that address should be guidance will provide accountability PACT FOR INITIAL AND FINAL REGU- deemed to be a reference to 1 Liu Xiaobo and consistency across the vast regu- LATORY FLEXIBILITY ANALYSES. Plaza; and latory structure and provide effi- Section 601 of title 5, United States Code, (3) the Administrator of General Services is amended— ciencies for Congress. I believe this im- should construct street signs that— (1) in paragraph 6, by striking ‘‘and’’ at the (A) contain the phrase ‘‘Liu Xiaobo Plaza’’; portant piece of legislation will provide end; clarity and direction for our regulatory (B) are similar in design to the signs used (2) in paragraph 7, by striking the period at by Washington, District of Columbia, to des- efforts, and I urge my colleagues to co- the end and inserting a semicolon; ignate the location of Metro stations; and sponsor this bill. (3) in paragraph 8— (C) should be placed on— Mr. President, I ask unanimous con- (A) by striking ‘‘RECORDKEEPING’’ and all (i) the parcel of Federal property that is sent that the text of the bill be printed that follows through ‘‘The’’ and inserting closest to 1 Liu Xiaobo Plaza (as described in in the RECORD. ‘‘the’’; and paragraph (2)); and There being no objection, the text of (B) by striking the period at the end and (ii) the street corners of International inserting ‘‘; and’’; and Drive, Northwest and Van Ness Street, the bill was ordered to be printed in (4) by adding at the end the following: the RECORD, as follows: Northwest and International Drive, North- ‘‘(9) the term ‘significant economic impact’ west and International Place, Northwest, S. 1807 means an annual economic effect of not less Washington, District of Columbia. Be it enacted by the Senate and House of Rep- than $100,000,000.’’. resentatives of the United States of America in f Congress assembled, f SECTION 1. SHORT TITLE. SUBMITTED RESOLUTIONS This Act may be cited as the ‘‘Regulatory SENATE RESOLUTION 225—HON- Impact Scale on the Economy Small Busi- ORING THE NATIONAL ASSOCIA- ness Act of 2015’’ or the ‘‘RISE Small Busi- SENATE RESOLUTION 224—EX- TION OF WOMEN BUSINESS OWN- ness Act of 2015’’. PRESSING THE SENSE OF THE ERS ON ITS 40TH ANNIVERSARY SEC. 2. CATEGORIZATION OF RULES. SENATE THAT THE AREA BE- Section 553 of title 5, United States Code, TWEEN THE INTERSECTIONS OF Mr. VITTER (for himself, Mrs. SHA- is amended by adding at the end the fol- INTERNATIONAL DRIVE, NORTH- HEEN, Mr. RISCH, Mr. COONS, Ms. lowing: AYOTTE, Ms. HIRONO, Mrs. FISCHER, Mr. ‘‘(f) CATEGORIZATION OF RULES.— WEST AND VAN NESS STREET, ARDIN UBIO ETERS ‘‘(1) IN GENERAL.—Before an agency pro- NORTHWEST AND INTER- C , Mr. R , Mr. P , Mr. mulgates a proposed or final rule that the NATIONAL DRIVE, NORTHWEST GARDNER, Mr. MARKEY, Mrs. ERNST, agency determines is likely to have an an- AND INTERNATIONAL PLACE, and Mr. ENZI) submitted the following nual effect on the economy of not less than NORTHWEST IN WASHINGTON, resolution; which was referred to the $100,000,000, the agency shall— DISTRICT OF COLUMBIA, SHOULD Committee on the Judiciary: ‘‘(A) assign the rule to the applicable cat- BE DESIGNATED AS ‘‘LIU XIAOBO S. RES. 225 egory described in paragraph (2) based on the PLAZA’’ highest possible annual effect that the agen- Whereas women-owned businesses are one cy determines the proposed or final rule is Mr. CRUZ (for himself and Mr. of the fastest-growing segments of the likely to have on the economy; and TOOMEY) submitted the following reso- United States economy; ‘‘(B) publish in the Federal Register the as- lution; which was referred to the Com- Whereas 13,600,000 firms are 50 percent or signed category for the rule. mittee on Homeland Security and Gov- more owned by women, and these businesses ‘‘(2) CATEGORIES.—A proposed or final rule ernmental Affairs: employ nearly 15,900,000 people and generate is a— $2,700,000,000,000 in revenue as of 2013; ‘‘(A) category 1 rule, if the agency deter- S. RES. 224 Whereas empowering more women entre- mines that the rule is likely to result in an Whereas June 4, 2015, marked the 26th an- preneurs and business owners is important to annual effect on the economy of not less niversary of the brutal crackdown on the economic future of the United States; than $100,000,000 and not more than protestors at Tiananmen Square in Beijing; Whereas the National Association of $499,999,999; Whereas Dr. Liu Xiaobo is a Chinese Women Business Owners (NAWBO) was es- ‘‘(B) category 2 rule, if the agency deter- human rights activist and Nobel Laureate tablished in 1975 by a group of like-minded mines that the rule is likely to result in an who is currently serving an 11-year prison businesswomen to serve as the collective annual effect on the economy of not less sentence for inciting subversion against the voice of women business owners across the than $500,000,000 and not more than Government of the People’s Republic of country and advocate on behalf of their en- $999,999,999; China; trepreneurial interests; ‘‘(C) category 3 rule, if the agency deter- Whereas in recognition of Dr. Liu Xiaobo’s Whereas NAWBO’s roots are in public pol- mines that the rule is likely to result in an long and non-violent struggle for funda- icy, and NAWBO played an integral role in annual effect on the economy of not less mental human rights in the People’s Repub- the passage of the Women’s Business Owner- than $1,000,000,000 and not more than lic of China, he was awarded the Nobel Peace ship Act of 1988 (Public Law 100–533; 102 Stat. $4,999,999,999; Prize in October 2010; and 2689);

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.021 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5214 CONGRESSIONAL RECORD — SENATE July 21, 2015 Whereas NAWBO remains focused on col- protests, Paya´ was awarded the Sakharov Mr. LEAHY, Mr. LEE, Mr. MANCHIN, Mr. laborating to create a business-friendly envi- Prize for Freedom of Thought by the Euro- MARKEY, Mr. MCCAIN, Mrs. MCCASKILL, ronment at the Federal, State, and local lev- pean Parliament in 2002, the W. Averell Har- Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- els to enable women to start and grow their riman Democracy Award from the National KULSKI, Mr. MORAN, Ms. MURKOWSKI, businesses and create jobs; and Democratic Institute for International Af- Mr. MURPHY, Mrs. MURRAY, Mr. NEL- Whereas NAWBO represents a diverse uni- fairs in 2003, and was nominated for the verse of women business owners across an Nobel Peace Prize by former Czech President SON, Mr. PAUL, Mr. PERDUE, Mr. array of sectors in the United States: Now, Va´ clav Havel in 2005; and PETERS, Mr. PORTMAN, Mr. REED of therefore, be it Whereas renaming the street in front of Rhode Island, Mr. RISCH, Mr. ROBERTS, Resolved, That the Senate commends the the Embassy of the Republic of Cuba in the Mr. ROUNDS, Mr. RUBIO, Mr. SANDERS, National Association of Women Business District of Columbia after Paya´ serves as an Mr. SASSE, Mr. SCHATZ, Mr. SCHUMER, Owners for its tireless efforts and decades of expression of solidarity between the people Mr. SCOTT, Mr. SESSIONS, Mrs. SHA- support of women entrepreneurs and busi- of the United States and the people of the HEEN, Mr. SHELBY, Ms. STABENOW, Mr. ness owners and congratulates the National Republic of Cuba who are engaged in a long, SULLIVAN, Mr. TESTER, Mr. THUNE, Mr. Association of Women Business Owners on non-violent struggle for fundamental human TILLIS, Mr. TOOMEY, Mr. UDALL, Mr. its 40th anniversary. rights: Now, therefore, be it VITTER, Mr. WARNER, Ms. WARREN, Mr. f Resolved, That it is the sense of the Senate WHITEHOUSE, Mr. WICKER, and Mr. SENATE RESOLUTION 226—EX- that— (1) the street between the intersections of WYDEN) submitted the following reso- PRESSING THE SENSE OF THE 16th Street, Northwest and Fuller Street, lution; which was considered and SENATE THAT THE STREET BE- Northwest and 16th Street, Northwest and agreed to: TWEEN THE INTERSECTIONS OF Euclid Street, Northwest in Washington, S. RES. 227 16TH STREET, NORTHWEST AND District of Columbia, should be designated as Whereas on July 16, 2015, an Armed Forces FULLER STREET, NORTHWEST ‘‘Oswaldo Paya´ Way’’, and any reference in a Recruitment Center and the Navy Oper- AND 16TH STREET, NORTHWEST law, map, regulation, document, paper, or ational Support Center in Chattanooga, Ten- AND EUCLID STREET, NORTH- other record to that area should be deemed nessee, were attacked, killing 5 members of WEST IN WASHINGTON, DISTRICT to be a reference to ‘‘Oswaldo Paya´ Way’’; the Armed Forces; OF COLUMBIA, SHOULD BE DES- (2) the address of 2630 16th Street, North- Whereas Gunnery Sergeant Thomas Sul- west, Washington, District of Columbia, livan, of Massachusetts, served his country IGNATED AS ‘‘OSWALDO PAYA should be redesignated as 2630 Oswaldo Paya´ WAY’’ with honor and distinction, including during Way, and any reference in a law, map, regu- 2 deployments to Iraq, and was twice award- Mr. CRUZ submitted the following lation, document, paper, or other record of ed the Purple Heart; resolution; which was referred to the the United States to that address should be Whereas Staff Sergeant David Wyatt, of Committee on Homeland Security and deemed to be a reference to 2630 Oswaldo North Carolina, served his country with Governmental Affairs: Paya´ Way; and honor and distinction, including during 2 de- (3) the Administrator of General Services ployments to Iraq; S. RES. 226 should construct street signs that— Whereas Sergeant Carson Holmquist, of Whereas Fidel Castro and Raul Castro have (A) contain the phrase ‘‘Oswaldo Paya´ Wisconsin, served his country with honor been the autocratic rulers of the Republic of Way’’; and distinction, including during 2 deploy- Cuba for 56 years; (B) are similar in design to the signs used ments to Afghanistan; Whereas Fidel Castro and Raul Castro have by Washington, District of Columbia, to des- Whereas Lance Corporal Squire K. Wells, of relentlessly and consistently oppressed any ignate the location of Metro stations; and Georgia, served his country with honor and efforts to bring democratic freedoms and (C) should be placed on— distinction, having recently completed basic human rights to the people of the Republic (i) the parcel of Federal property that is training; of Cuba for this 56-year period; closest to Oswaldo Paya´ Way (as described in Whereas Petty Officer Second Class Ran- Whereas Oswaldo Paya´ was a Cuban polit- paragraph (2)); and dall Smith, of Ohio, served his country with ical dissident dedicated to promoting demo- (ii) the street corners of 16th Street, honor and distinction, had recently re-en- cratic freedoms and human rights in the Re- Northwest and Fuller Street, Northwest and listed in the Navy, and survived for almost 2 public of Cuba; 16th Street, Northwest and Euclid Street, days before succumbing to catastrophic inju- Whereas the Communist Party of Cuba has Northwest in Washington, District of Colum- ries; always viewed such commitment to freedom bia. Whereas Chattanooga police officer Ser- as a threat to its existence; geant Dennis Pedigo, Jr. was seriously f Whereas on July 22, 2012, a violent car wounded in the course of his duties; crash, widely believed to have been carried SENATE RESOLUTION 227—CON- Whereas the swift and courageous response out by the Castro regime, took the lives of by law enforcement officers and first re- Paya´ and Harold Cepero, another dissident; DEMNING THE ATTACKS OF JULY 16, 2015, IN CHATTANOOGA, sponders prevented additional loss of life; Whereas the official investigation into the and crash has been demonstrated to be com- TENNESSEE, HONORING THE Whereas the people of the United States promised and the Castro regime has offered MEMBERS OF THE ARMED stand united around the community of Chat- no plausible evidence of its innocence, leav- FORCES WHO LOST THEIR LIVES, tanooga and the families of the victims to ing the circumstances of the death of Paya´ AND EXPRESSING SUPPORT AND support all those affected and pray for heal- unknown; ing and peace: Now, therefore, be it Whereas opposition by Paya´ to the Com- PRAYERS FOR ALL THOSE AF- FECTED Resolved, That the Senate— munist Party of Cuba began at a young age, (1) condemns the attacks of July 16, 2015, in when he refused to become a member of the Mr. CORKER (for himself, Mr. ALEX- Chattanooga, Tennessee; Young Communist League as a primary ANDER, Mr. MCCONNELL, Mr. REID of (2) honors the sacrifice and memory of the school student, and continued through high 5 members of the Armed Forces who lost school when he publically criticized the in- Nevada, Ms. AYOTTE, Ms. BALDWIN, Mr. their lives; vasion of Czechoslovakia by the Soviet BARRASSO, Mr. BENNET, Mr. (3) recognizes the skill and heroism of the Union; BLUMENTHAL, Mr. BLUNT, Mr. BOOKER, law enforcement officers, members of the Whereas the Communist Party of Cuba re- Mr. BOOZMAN, Mrs. BOXER, Mr. BROWN, Armed Forces, and first responders who sponded to the opposition by Paya´ to the in- Mr. BURR, Ms. CANTWELL, Mrs. CAPITO, came to the aid of others; vasion of Czechoslovakia by the Soviet Mr. CARDIN, Mr. CARPER, Mr. CASEY, (4) commends the efforts of those who are Union by sending Paya´ to a labor camp for 3 Mr. CASSIDY, Mr. COATS, Mr. COCHRAN, working to care for the injured and inves- years; Ms. COLLINS, Mr. COONS, Mr. CORNYN, tigate this horrific incident; Whereas Paya´ forewent a chance to escape the Republic of Cuba in the 1980 Mariel Mr. COTTON, Mr. CRAPO, Mr. CRUZ, Mr. (5) extends its heartfelt condolences and boatlift, deciding instead to continue the DAINES, Mr. DONNELLY, Mr. DURBIN, prayers to the families of the fallen, and to fight for democracy in the Republic of Cuba, Mr. ENZI, Mrs. ERNST, Mrs. FEINSTEIN, all those affected in the community of Chat- tanooga and in the United States; and saying, ‘‘This is what I am supposed to be, Mrs. FISCHER, Mr. FLAKE, Mr. this is what I have to do.’’; (6) pledges to continue to work together to FRANKEN, Mr. GARDNER, Mrs. GILLI- prevent future attacks. Whereas by creating the Varela Project in BRAND, Mr. GRAHAM, Mr. GRASSLEY, 1998, Paya´ demonstrated his staunch com- f Mr. HATCH, Mr. HEINRICH, Ms. mitment to peacefully advocating for free- AMENDMENTS SUBMITTED AND dom of speech and freedom of assembly for HEITKAMP, Mr. HELLER, Ms. HIRONO, his fellow Cubans; Mr. HOEVEN, Mr. INHOFE, Mr. ISAKSON, PROPOSED Whereas in recognition of his determina- Mr. JOHNSON, Mr. KAINE, Mr. KING, Mr. SA 2258. Mr. MCCAIN (for himself and Mr. tion for political reforms through peaceful KIRK, Ms. KLOBUCHAR, Mr. LANKFORD, FLAKE) submitted an amendment intended to

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.024 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5215 be proposed by him to the bill H.R. 22, to 1210) is amended by adding at the end the fol- was ordered to lie on the table; as fol- amend the Internal Revenue Code of 1986 to lowing: lows: exempt employees with health coverage ‘‘(81) State Route 410, the Sonoran Corridor At the appropriate place, insert the fol- under TRICARE or the Veterans Administra- connecting Interstate 19 to Interstate 10 lowing: tion from being taken into account for pur- south of the Tucson International Airport.’’. SEC. ll. PROHIBITION ON SANCTIONS RELIEF (c) FUTURE PARTS OF INTERSTATE SYS- poses of determining the employers to which FOR IRAN. TEM.—Section 1105(e)(5)(A) of the Intermodal the employer mandate applies under the Pa- Notwithstanding any other provision of Surface Transportation Efficiency Act of tient Protection and Affordable Care Act; law, the President may not waive, suspend, 1991 (105 Stat. 2033; 119 Stat. 1213) is amended which was ordered to lie on the table. reduce, provide relief from, or otherwise in the first sentence by striking ‘‘and sub- SA 2259. Mr. CRUZ (for himself and Mr. limit the application of statutory sanctions section (c)(57)’’ and inserting ‘‘subsection VITTER) submitted an amendment intended with respect to Iran under any provision of (c)(57), and subsection (c)(81)’’. to be proposed by him to the bill H.R. 22, law or refrain from applying any such sanc- supra; which was ordered to lie on the table. SA 2259. Mr. CRUZ (for himself and tions pursuant to an agreement with Iran re- SA 2260. Mr. CRUZ submitted an amend- lating to Iran’s nuclear program until— ment intended to be proposed by him to the Mr. VITTER) submitted an amendment (1) the Government of Iran has recognized bill H.R. 22, supra; which was ordered to lie intended to be proposed by him to the Israel’s right to exist; and on the table. bill H.R. 22, to amend the Internal Rev- (2) the Government of Iran has released all SA 2261. Mr. CRUZ submitted an amend- enue Code of 1986 to exempt employees American prisoners of conscience who are ment intended to be proposed by him to the with health coverage under TRICARE being unjustly held in Iranian jails, includ- bill H.R. 22, supra; which was ordered to lie or the Veterans Administration from ing Saeed Abedini, Amir Hekmati, and Jason on the table. being taken into account for purposes Rezaian, and located and returned Robert SA 2262. Mr. CRUZ submitted an amend- Levinson. ment intended to be proposed by him to the of determining the employers to which bill H.R. 22, supra; which was ordered to lie the employer mandate applies under SA 2261. Mr. CRUZ submitted an on the table. the Patient Protection and Affordable amendment intended to be proposed by SA 2263. Mr. CRUZ submitted an amend- Care Act; which was ordered to lie on him to the bill H.R. 22, to amend the ment intended to be proposed by him to the the table; as follows: bill H.R. 22, supra; which was ordered to lie Internal Revenue Code of 1986 to ex- At the appropriate place, insert the fol- on the table. empt employees with health coverage lowing: SA 2264. Mr. CRUZ submitted an amend- under TRICARE or the Veterans Ad- ment intended to be proposed by him to the SEC. ll. HEALTH INSURANCE COVERAGE FOR ministration from being taken into ac- CERTAIN CONGRESSIONAL MEM- bill H.R. 22, supra; which was ordered to lie BERS AND MEMBERS OF THE EXECU- count for purposes of determining the on the table. TIVE BRANCH. employers to which the employer man- SA 2265. Mr. CRUZ submitted an amend- (a) IN GENERAL.—Notwithstanding section date applies under the Patient Protec- ment intended to be proposed by him to the 1312(d)(3)(D) of the Patient Protection and tion and Affordable Care Act; which bill H.R. 22, supra; which was ordered to lie Affordable Care Act (42 U.S.C. 18032(d)(3)(D)), was ordered to lie on the table; as fol- on the table. Members of Congress, the President, Vice SA 2266. Mr. McCONNELL submitted an President, and all other political appointees lows: amendment intended to be proposed by him shall purchase health insurance coverage At the appropriate place, insert the fol- to the bill H.R. 22, supra; which was ordered through a health exchange established under lowing: to lie on the table. such Act and shall receive no Federal sub- SEC. ll. RECIPROCITY FOR THE CARRYING OF SA 2267. Mr. MANCHIN submitted an sidy or contribution to the costs of such cov- CERTAIN CONCEALED FIREARMS. amendment intended to be proposed by him erage that is not also otherwise available to (a) IN GENERAL.—Chapter 44 of title 18, to the bill H.R. 22, supra; which was ordered individuals at a similar income level. United States Code, is amended by inserting to lie on the table. (b) DEFINITIONS.—In this section: after section 926C the following: f (1) MEMBER OF CONGRESS.—The term ‘‘§ 926D. Reciprocity for the carrying of cer- ‘‘Member of Congress’’ shall have the mean- tain concealed firearms TEXT OF AMENDMENTS ing given such term in section ‘‘(a) IN GENERAL.—Notwithstanding any SA 2258. Mr. MCCAIN (for himself and 1312(d)(3)(D)(ii)(I) of the Patient Protection provision of the law of any State or political Mr. FLAKE) submitted an amendment and Affordable Care Act (42 U.S.C. subdivision thereof to the contrary— intended to be proposed by him to the 18032(d)(3)(D)(ii)(I)). ‘‘(1) an individual who is not prohibited by (2) POLITICAL APPOINTEE.—The term ‘‘polit- bill H.R. 22, to amend the Internal Rev- Federal law from possessing, transporting, ical appointee’’ means any individual who— shipping, or receiving a firearm, and who is enue Code of 1986 to exempt employees (A) is employed in a position described carrying a government-issued photographic with health coverage under TRICARE under sections 5312 through 5316 of title 5, identification document and a valid license or the Veterans Administration from United States Code, (relating to the Execu- or permit which is issued pursuant to the law being taken into account for purposes tive Schedule); of a State and which permits the individual of determining the employers to which (B) is a limited term appointee, limited to carry a concealed firearm, may possess or the employer mandate applies under emergency appointee, or noncareer ap- carry a concealed handgun (other than a ma- the Patient Protection and Affordable pointee in the Senior Executive Service, as chinegun or destructive device) that has defined under paragraphs (5), (6), and (7), re- Care Act; which was ordered to lie on been shipped or transported in interstate or spectively, of section 3132(a) of title 5, United foreign commerce in any State other than the table; as follows: States Code; the State of residence of the individual At the appropriate place, insert the fol- (C) is employed in a position in the execu- that— lowing: tive branch of the Government of a confiden- ‘‘(A) has a statute that allows residents of SEC. lll. SONORAN CORRIDOR INTERSTATE tial or policy-determining character under the State to obtain licenses or permits to DEVELOPMENT. schedule C of subpart C of part 213 of title 5 carry concealed firearms; or (a) FINDINGS.—Congress finds that the des- of the Code of Federal Regulations; or ‘‘(B) does not prohibit the carrying of con- ignation of the Sonoran Corridor Interstate (D) is employed in or under the Executive cealed firearms by residents of the State for connecting Interstate 19 to Interstate 10 Office of the President in a position that is lawful purposes; and south of the Tucson International Airport as excluded from the competitive service by ‘‘(2) an individual who is not prohibited by a future part of the Interstate System reason of its confidential, policy-deter- Federal law from possessing, transporting, would— mining, policy-making, or policy-advocating shipping, or receiving a firearm, and who is (1) enhance direct linkage between major character. carrying a government-issued photographic trading routes connecting growing ports, ag- identification document and is entitled and ricultural regions, infrastructure and manu- SA 2260. Mr. CRUZ submitted an not prohibited from carrying a concealed facturing centers, and existing high priority amendment intended to be proposed by firearm in the State in which the individual corridors of the National Highway System; him to the bill H.R. 22, to amend the resides otherwise than as described in para- and Internal Revenue Code of 1986 to ex- graph (1), may possess or carry a concealed (2) significantly improve connectivity on empt employees with health coverage handgun (other than a machinegun or de- the future Interstate 11 and the CANAMEX under TRICARE or the Veterans Ad- structive device) that has been shipped or Corridor, a route directly linking the United ministration from being taken into ac- transported in interstate or foreign com- States with Mexico and Canada. merce in any State other than the State of (b) HIGH PRIORITY CORRIDORS ON NATIONAL count for purposes of determining the residence of the individual that— HIGHWAY SYSTEM.—Section 1105(c) of the employers to which the employer man- ‘‘(A) has a statute that allows residents of Intermodal Surface Transportation Effi- date applies under the Patient Protec- the State to obtain licenses or permits to ciency Act of 1991 (105 Stat. 2032; 119 Stat. tion and Affordable Care Act; which carry concealed firearms; or

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.027 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5216 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(B) does not prohibit the carrying of con- consumer broadband adoption. Keeping count for purposes of determining the cealed firearms by residents of the State for Internet access affordable promotes con- employers to which the employer man- lawful purposes. sumer access to this critical gateway to jobs, date applies under the Patient Protec- ‘‘(b) CONDITIONS AND LIMITATIONS.—The education, healthcare, and entrepreneurial tion and Affordable Care Act; which possession or carrying of a concealed hand- opportunities, regardless of race, income, or gun in a State under this section shall be neighborhood. was ordered to lie on the table; as fol- subject to the same conditions and limita- (4) Small business owners rely heavily on lows: tions, except as to eligibility to possess or affordable Internet access, providing them At the appropriate place, insert the fol- carry, imposed by or under Federal or State with access to new markets, additional con- lowing: law or the law of a political subdivision of a sumers, and an opportunity to compete in SEC. ll. REPEAL OF THE PATIENT PROTECTION State, that apply to the possession or car- the global economy. AND AFFORDABLE CARE ACT AND rying of a concealed handgun by residents of (5) Economists have recognized that exces- THE HEALTH CARE AND EDUCATION the State or political subdivision who are li- sive taxation of innovative communications RECONCILIATION ACT OF 2010. censed by the State or political subdivision technologies reduces economic welfare more (a) IN GENERAL.— to do so, or not prohibited by the State from than taxes on other sectors of the economy. (1) PATIENT PROTECTION AND AFFORDABLE doing so. (6) The provision of affordable access to the CARE ACT.—Effective on the date that is 180 ‘‘(c) UNRESTRICTED LICENSE OR PERMIT.—In Internet is fundamental to the American days after the date of enactment of this Act, a State that allows the issuing authority for economy and access to it must be protected the Patient Protection and Affordable Care licenses or permits to carry concealed fire- from multiple and discriminatory taxes at Act (Public Law 111–148) is repealed and the arms to impose restrictions on the carrying the State and local level. provisions of law amended or repealed by of firearms by individual holders of such li- (7) As a massive global network that spans such Act are restored or revived as if such censes or permits, an individual carrying a political boundaries, the Internet is inher- Act had not been enacted. concealed handgun under this section shall ently a matter of interstate and foreign com- (2) HEALTH CARE AND EDUCATION RECONCILI- be permitted to carry a concealed handgun merce within the jurisdiction of the United ATION ACT OF 2010.—Effective on the date that according to the same terms authorized by States Congress under article I, section 8, is 180 days after the date of enactment of an unrestricted license of or permit issued to clause 3 of the Constitution of the United this Act, the Health Care and Education Rec- a resident of the State. States. onciliation Act of 2010 (Public Law 111–152) is ‘‘(d) RULE OF CONSTRUCTION.—Nothing in (c) PERMANENT MORATORIUM ON INTERNET repealed and the provisions of law amended this section shall be construed to preempt ACCESS TAXES AND MULTIPLE AND DISCRIMI- or repealed by such Act are restored or re- any provision of State law with respect to NATORY TAXES ON ELECTRONIC COMMERCE.— vived as if such Act had not been enacted. the issuance of licenses or permits to carry (1) IN GENERAL.—Section 1101(a) of the (b) BUDGETARY EFFECTS OF THIS SECTION.— concealed firearms.’’. Internet Tax Freedom Act (47 U.S.C. 151 The budgetary effects of this section, for the (b) CLERICAL AMENDMENT.—The table of note), as amended by section 624 of the Con- purpose of complying with the Statutory sections for chapter 44 of title 18, United solidated and Further Continuing Appropria- Pay-As-You-Go Act of 2010, shall be deter- States Code, is amended by inserting after tions Act, 2015 (Public Law 113–235), is mined by reference to the latest statement the item relating to section 926C the fol- amended by striking ‘‘during the period be- titled ‘‘Budgetary Effects of PAYGO Legisla- lowing: ginning November 1, 2003, and ending Octo- tion’’ for this section, submitted for printing ‘‘926D. Reciprocity for the carrying of cer- ber 1, 2015’’. in the Congressional Record by the Chair- tain concealed firearms.’’. (2) EFFECTIVE DATE.—The amendment man of the Committee on the Budget of the made by this subsection shall apply to taxes (c) SEVERABILITY.—Notwithstanding any House of Representatives, as long as such imposed after the date of the enactment of other provision of this Act, if any provision statement has been submitted prior to the this Act. of this Act, or any amendment made by this vote on passage of this section. Act, or the application of such provision or SA 2263. Mr. CRUZ submitted an amendment to any person or circumstance is SA 2265. Mr. CRUZ submitted an held to be unconstitutional, this Act and amendment intended to be proposed by amendment intended to be proposed by amendments made by this Act and the appli- him to the bill H.R. 22, to amend the him to the bill H.R. 22, to amend the cation of such provision or amendment to Internal Revenue Code of 1986 to ex- Internal Revenue Code of 1986 to ex- other persons or circumstances shall not be empt employees with health coverage empt employees with health coverage affected thereby. under TRICARE or the Veterans Ad- under TRICARE or the Veterans Ad- (d) EFFECTIVE DATE.—The amendments ministration from being taken into ac- ministration from being taken into ac- made by this Act shall take effect 90 days count for purposes of determining the after the date of enactment of this Act. count for purposes of determining the employers to which the employer man- employers to which the employer man- SA 2262. Mr. CRUZ submitted an date applies under the Patient Protec- date applies under the Patient Protec- amendment intended to be proposed by tion and Affordable Care Act; which tion and Affordable Care Act; which him to the bill H.R. 22, to amend the was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- Internal Revenue Code of 1986 to ex- lows: lows: empt employees with health coverage At the appropriate place, insert the fol- lowing: At the appropriate place, insert the fol- under TRICARE or the Veterans Ad- lowing: SEC. lll. CONDITION ON RECEIPT OF FEDERAL ministration from being taken into ac- FUNDS. SEC. ll. DENIAL OF HIGHWAY FUNDING FOR IM- count for purposes of determining the Notwithstanding any other provision of PLEMENTATION OF UNAUTHORIZED employers to which the employer man- law, no Federal funds shall be made avail- IMMIGRATION ACTIONS. date applies under the Patient Protec- able to any entity unless the entity certifies (a) FEDERAL HIGHWAY FUND SUSPENSION tion and Affordable Care Act; which that, during the period beginning on the date PENDING IMMIGRATION STATUTE COMPLI- of receipt of such funds and ending on the ANCE.—Notwithstanding any other provision was ordered to lie on the table; as fol- of law, no amounts made available to the De- lows: date such funds are exhausted, the entity will not perform, and will not provide any partment of Transportation or to any other At the appropriate place, insert the fol- funds to any other entity that performs, an Federal agency, or otherwise deposited into lowing: abortion unless in reasonable medical judg- any Federal, State, or local account that SEC. lll. INTERNET TAX FREEDOM FOREVER ment, the abortion is necessary to save the provides funding for interstate or intrastate ACT. life of a pregnant woman whose life is endan- highway construction or repair in any State, (a) SHORT TITLE.—This section may be gered by a physical disorder, physical illness, may be used until the United States Govern- cited as the ‘‘Internet Tax Freedom Forever or physical injury, including a life-endan- ment ceases to apply or otherwise enforce Act’’. gering physical condition caused by or aris- the policies set forth in the all of the fol- (b) FINDINGS.—Congress makes the fol- ing from the pregnancy itself, but not in- lowing memoranda and any documents re- lowing findings: cluding psychological or emotional condi- lated to such memoranda: (1) The Internet has continued to drive eco- tions. (1) The memorandum issued by the Direc- nomic growth, productivity and innovation tor of U.S. Immigration and Customs En- since the Internet Tax Freedom Act was first SA 2264. Mr. CRUZ submitted an forcement on March 2, 2011, and entitled enacted in 1998. amendment intended to be proposed by ‘‘Civil Immigration Enforcement: Priorities (2) The Internet promotes a nationwide him to the bill H.R. 22, to amend the for the Apprehension, Detention, and Re- economic environment that facilitates inno- moval of Aliens’’. vation, promotes efficiency, and empowers Internal Revenue Code of 1986 to ex- (2) The memorandum issued by the Direc- people to broadly share their ideas. empt employees with health coverage tor of U.S. Immigration and Customs En- (3) According to the National Broadband under TRICARE or the Veterans Ad- forcement on June 17, 2011, and entitled ‘‘Ex- Plan, cost remains the biggest barrier to ministration from being taken into ac- ercising Prosecutorial Discretion Consistent

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.029 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5217 with the Civil Immigration Enforcement Pri- (20) The memorandum issued by the Presi- DIVISION A—FEDERAL-AID HIGHWAYS orities of the Agency for the Apprehension, dent on November 21, 2014, and entitled ‘‘Cre- AND HIGHWAY SAFETY CONSTRUCTION Detention, and Removal of Aliens’’. ating Welcoming Communities and Fully In- PROGRAMS (3) The memorandum issued by the Direc- tegrating Immigrants and Refugees’’. TITLE I—FEDERAL-AID HIGHWAYS tor of U.S. Immigration and Customs En- (b) EXECUTIVE BRANCH DEMONSTRATION OF Subtitle A—Authorizations and Programs forcement on June 17, 2011, and entitled IMMIGRATION STATUTE COMPLIANCE.—The Sec. 11001. Authorization of appropriations. ‘‘Prosecutorial Discretion: Certain Victims, amounts described in subsection (a) will not Witnesses, and Plaintiffs’’. Sec. 11002. Obligation ceiling. be available for the uses described in such Sec. 11003. Apportionment. (4) The U.S. Citizenship and Immigration subsection until after the President, in con- Sec. 11004. Surface transportation program. Services policy memorandum issued on No- junction with, and with the approval of the Sec. 11005. Metropolitan transportation vember 17, 2011, and entitled ‘‘Revised Guid- Secretary of Homeland Security and the At- planning. ance for the Referral of Cases and Issuance of torney General, submits a letter to Congress Sec. 11006. Statewide and nonmetropolitan Notices to Appear (NTAs) in Cases Involving certifying that— transportation planning. Inadmissible and Removable Aliens’’. (1) the memoranda listed in subsection (a) Sec. 11007. Highway use tax evasion projects. (5) The memorandum issued by the Prin- have been formally withdrawn; Sec. 11008. Bundling of bridge projects. cipal Legal Advisor of U.S. Immigration and (2) no other memoranda or documentation Sec. 11009. Flexibility for certain rural road Customs Enforcement on November 17, 2011, with similar content have been issued; and and bridge projects. and entitled ‘‘Case-by-Case Review of Incom- (3) the United States Government intends Sec. 11010. Construction of ferry boats and ing and Certain Pending Cases’’. to comply with all immigration enforcement ferry terminal facilities. (6) The recommendations included in the requirements established by any Federal Sec. 11011. Highway safety improvement report issued by the Director of U.S. Immi- statute, including the Immigration and Na- program. gration and Customs Enforcement on April tionality Act (8 U.S.C. 1101 et seq.) and the Sec. 11012. Data collection on unpaved pub- 27, 2012, and entitled ‘‘ICE Response to the Illegal Immigration Reform and Immigrant lic roads. Task Force on Secure Communities Findings Responsibility Act of 1996 (Public Law 104– Sec. 11013. Congestion mitigation and air and Recommendations’’. 208). quality improvement program. (7) The memorandum issued by the Sec- (c) FEDERAL HIGHWAY FUNDS UNAVAILABLE Sec. 11014. Transportation alternatives. retary of Homeland Security on June 15, FOR ILLEGAL WORKERS.—Notwithstanding Sec. 11015. Consolidation of programs. 2012, and entitled ‘‘Exercising Prosecutorial any other provision of law, no amounts made Sec. 11016. State flexibility for National Discretion with Respect to Individuals Who available to the Department of Transpor- Highway System modifications. Came to the United States as Children’’. tation or to any other Federal agency, or Sec. 11017. Toll roads, bridges, tunnels, and (8) The memorandum issued by the Direc- otherwise deposited into any Federal, State, ferries. tor of U.S. Immigration and Customs En- or local account that provides funding for Sec. 11018. HOV facilities. forcement on December 21, 2012, and entitled interstate or intrastate highway construc- Sec. 11019. Interstate system reconstruction ‘‘Civil Immigration Enforcement: Guidance tion or repair in any State, may be used to and rehabilitation pilot pro- on the Use of Detainers in the Federal, pay the salary, wages, benefits, or any other gram. State, Local, and Tribal Criminal Justice compensation of any person who has been di- Sec. 11020. Emergency relief for federally Systems’’. rectly or indirectly authorized to work in owned roads. (9) The U.S. Citizenship and Immigration the United States pursuant to any of the Sec. 11021. Bridges requiring closure or load Services policy memorandum issued on No- memoranda listed in subsection (a) or any restrictions. vember 14, 2013, and entitled ‘‘Adjudication other documentation with similar content. Sec. 11022. National electric vehicle charg- of Adjustment of Status Applications for In- ing and natural gas fueling cor- dividuals Admitted to the United States ridors. Under the Visa Waiver Program’’. SA 2266. Mr. MCCONNELL submitted Sec. 11023. Asset management. (10) The memorandum issued by the Sec- an amendment intended to be proposed Sec. 11024. Tribal transportation program retary of Homeland Security on November by him to the bill H.R. 22, to amend the amendment. 20, 2014, and entitled ‘‘Southern Border and Internal Revenue Code of 1986 to ex- Sec. 11025. Nationally significant Federal Approaches Campaign’’. lands and Tribal projects pro- empt employees with health coverage gram. (11) The memorandum issued by the Sec- under TRICARE or the Veterans Ad- retary of Homeland Security on November Sec. 11026. Federal lands programmatic ac- 20, 2014, and entitled ‘‘Policies for the Appre- ministration from being taken into ac- tivities. hension, Detention and Removal of Undocu- count for purposes of determining the Sec. 11027. Federal lands transportation pro- mented Immigrants’’. employers to which the employer man- gram. (12) The memorandum issued by the Sec- date applies under the Patient Protec- Sec. 11028. Innovative project delivery. retary of Homeland Security on November tion and Affordable Care Act; which Sec. 11029. Obligation and release of funds. 20, 2014, and entitled ‘‘Secure Communities’’. was ordered to lie on the table; as fol- Subtitle B—Acceleration of Project Delivery (13) The memorandum issued by the Sec- lows: Sec. 11101. Categorical exclusion for projects retary of Homeland Security on November of limited Federal assistance. 20, 2014, and entitled ‘‘Exercising Prosecu- At the end of the bill, insert the following: Sec. 11102. Programmatic agreement tem- torial Discretion with Respect to Individuals SECTION 1. SHORT TITLE. plate. Who Came to the United States as Children Sec. 11103. Agency coordination. This Act may be cited as the ‘‘Developing and with Respect to Certain Individuals Who Sec. 11104. Initiation of environmental re- a Reliable and Innovative Vision for the Are the Parents of U.S. Citizens or Perma- view process. nent Residents’’. Economy Act’’ or the ‘‘DRIVE Act’’. Sec. 11105. Improving collaboration for ac- (14) The memorandum issued by the Sec- SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; celerated decision making. retary of Homeland Security on November TABLE OF CONTENTS. Sec. 11106. Accelerated decisionmaking in 20, 2014, and entitled ‘‘Expansion of the Pro- (a) DIVISIONS.—This Act is organized into 8 environmental reviews. visional Waiver Program’’. divisions as follows: Sec. 11107. Improving transparency in envi- (15) The memorandum issued by the Sec- (1) Division A–Federal-aid Highways and ronmental reviews. retary of Homeland Security on November Highway Safety Construction Programs. Sec. 11108. Integration of planning and envi- 20, 2014, and entitled ‘‘Policies Supporting (2) Division B–Public Transportation. ronmental review. U.S. High-Skilled Businesses and Workers’’. (3) Division C–Comprehensive Transpor- Sec. 11109. Use of programmatic mitigation (16) The memorandum issued by the Sec- tation and Consumer Protection Act of 2015. plans. retary of Homeland Security on November (4) Division D–Freight and Major Projects. Sec. 11110. Adoption of Departmental envi- 20, 2014, and entitled ‘‘Families of U.S. (5) Division E–Finance. ronmental documents. Armed Forces Members and Enlistees’’. (6) Division F–Miscellaneous. Sec. 11111. Technical assistance for States. (17) The memorandum issued by the Sec- (7) Division G–Surface Transportation Ex- Sec. 11112. Surface transportation project retary of Homeland Security on November tension. delivery program. 20, 2014, and entitled ‘‘Directive to Provide (8) Division H–Budgetary Effects. Sec. 11113. Categorical exclusions for Consistency Regarding Advance Parole’’. multimodal projects. (18) The memorandum issued by the Sec- (b) TABLE OF CONTENTS.—The table of con- Sec. 11114. Modernization of the environ- retary of Homeland Security on November tents for this Act is as follows: mental review process. 20, 2014, and entitled ‘‘Policies to Promote Sec. 1. Short title. Sec. 11115. Service club, charitable associa- and Increase Access to U.S. Citizenship’’. tion, or religious service signs. Sec. 2. Organization of Act into divisions; (19) The memorandum issued by the Presi- Sec. 11116. Satisfaction of requirements for table of contents. dent on November 21, 2014, and entitled certain historic sites. ‘‘Modernizing and Streamlining the U.S. Im- Sec. 3. Definitions. Sec. 11117. Bridge exemption from consider- migrant Visa System for the 21st Century’’. Sec. 4. Effective date. ation under certain provisions.

VerDate Sep 11 2014 08:14 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0655 E:\CR\FM\A21JY6.030 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5218 CONGRESSIONAL RECORD — SENATE July 21, 2015 Sec. 11118. Elimination of barriers to im- Sec. 21007. Mobility of seniors and individ- Sec. 32304. Petitions. prove at-risk bridges. uals with disabilities. Sec. 32305. Regulatory reform. Sec. 11119. At-risk project preagreement au- Sec. 21008. Formula grants for rural areas. Subtitle D—State Authorities thority. Sec. 21009. Research, development, dem- Sec. 32401. Emergency route working group. onstration, and deployment Subtitle C—Miscellaneous Sec. 32402. Additional State authority. program. Sec. 11201. Credits for untaxed transpor- Sec. 32403. Commercial driver access. Sec. 21010. Private sector participation. tation fuels. Sec. 21011. Innovative procurement. Subtitle E—Motor Carrier Safety Grant Sec. 11202. Justification reports for access Sec. 21012. Human resources and training. Consolidation points on the Interstate Sys- Sec. 21013. General provisions. Sec. 32501. Definitions. tem. Sec. 21014. Project management oversight. Sec. 32502. Grants to States. Sec. 11203. Exemptions. Sec. 21015. Public transportation safety pro- Sec. 32503. New entrant safety review pro- Sec. 11204. High priority corridors on the gram. gram study. National Highway System. Sec. 21016. State of good repair grants. Sec. 32504. Performance and registration in- Sec. 11205. Repeat intoxicated driver law. Sec. 21017. Authorizations. formation systems manage- Sec. 11206. Vehicle-to-infrastructure equip- Sec. 21018. Grants for bus and bus facilities. ment. ment. Sec. 21019. Salary of Federal Transit Admin- Sec. 32505. Authorization of appropriations. Sec. 11207. Relinquishment. istrator. Sec. 32506. Commercial driver’s license pro- Sec. 11208. Transfer and sale of toll credits. Sec. 21020. Technical and conforming gram implementation. Sec. 11209. Regional infrastructure accel- amendments. Sec. 32507. Extension of Federal motor car- erator demonstration program. DIVISION C—COMPREHENSIVE TRANS- rier safety programs for fiscal TITLE II—TRANSPORTATION PORTATION AND CONSUMER PROTEC- year 2016. INNOVATION TION ACT OF 2015 Sec. 32508. Motor carrier safety assistance Subtitle A—Research program allocation. Sec. 31001. Short title. Sec. 12001. Research, technology, and edu- Sec. 32509. Maintenance of effort calcula- Sec. 31002. References to title 49, United tion. cation. States Code. Sec. 12002. Intelligent transportation sys- Sec. 31003. Effective date. Subtitle F—Miscellaneous Provisions tems. TITLE XXXI—OFFICE OF THE Sec. 32601. Windshield technology. Sec. 12003. Future interstate study. SECRETARY Sec. 32602. Electronic logging devices re- Sec. 12004. Researching surface transpor- quirements. tation system funding alter- Subtitle A—Accelerating Project Delivery Sec. 32603. Lapse of required financial secu- natives. Sec. 31101. Delegation of authority. rity; suspension of registration. Subtitle B—Data Sec. 31102. Infrastructure Permitting Im- Sec. 32604. Access to National Driver Reg- provement Center. Sec. 12101. Tribal data collection. ister. Sec. 31103. Accelerated decision-making in Sec. 12102. Performance management data Sec. 32605. Study on commercial motor vehi- environmental reviews. support program. cle driver commuting. Sec. 31104. Environmental review alignment Sec. 32606. Household goods consumer pro- Subtitle C—Transparency and Best Practices and reform. tection working group. Sec. 12201. Every Day Counts initiative. Sec. 31105. Multimodal categorical exclu- Sec. 32607. Interstate van operations. Sec. 12202. Department of Transportation sions. Sec. 32608. Report on design and implemen- performance measures. Sec. 31106. Improving transparency in envi- tation of wireless roadside in- Sec. 12203. Grant program for achievement ronmental reviews. spection systems. in transportation for perform- Sec. 31107. Local transportation infrastruc- Sec. 32609. Motorcoach hours of service ance and innovation. ture program. study. Sec. 12204. Highway trust fund transparency Subtitle B—Research Sec. 32610. GAO Review of school bus safety. and accountability. Sec. 31201. Findings. Sec. 32611. Use of hair testing for preemploy- Sec. 12205. Report on highway trust fund ad- Sec. 31202. Modal research plans. ment and random controlled ministrative expenditures. Sec. 31203. Consolidated research prospectus substances tests. Sec. 12206. Availability of reports. and strategic plan. TITLE XXXIII—HAZARDOUS MATERIALS Sec. 12207. Performance period adjustment. Sec. 31204. Research Ombudsman. Sec. 33101. Endorsements. Sec. 12208. Design standards. Sec. 31205. Smart cities transportation plan- Sec. 33102. Enhanced reporting. TITLE III—TRANSPORTATION INFRA- ning study. Sec. 33103. Hazardous material information. STRUCTURE FINANCE AND INNOVA- Sec. 31206. Bureau of Transportation Statis- Sec. 33104. National emergency and disaster TION ACT OF 1998 AMENDMENTS tics independence. response. Sec. 13001. Transportation Infrastructure Fi- Sec. 31207. Conforming amendments. Sec. 33105. Authorization of appropriations. nance and Innovation Act of Sec. 31208. Repeal of obsolete office. TITLE XXXIV—HIGHWAY AND MOTOR 1998 amendments. Subtitle C—Port Performance Act VEHICLE SAFETY TITLE IV—TECHNICAL CORRECTIONS Sec. 31301. Short title. Subtitle A—Highway Traffic Safety Sec. 31302. Findings. Sec. 14001. Technical corrections. PART I—HIGHWAY SAFETY Sec. 31303. Port performance freight statis- TITLE V—MISCELLANEOUS tics program. Sec. 34101. Authorization of appropriations. Sec. 15001. Appalachian development high- Sec. 34102. Highway safety programs. TITLE XXXII—COMMERCIAL MOTOR way system. Sec. 34103. Grants for alcohol-ignition inter- VEHICLE AND DRIVER PROGRAMS Sec. 15002. Appalachian regional develop- lock laws and 24–7 sobriety pro- ment program. Subtitle A—Compliance, Safety, and grams. Sec. 15003. Water infrastructure finance and Accountability Reform Sec. 34104. Repeat offender criteria. innovation. Sec. 32001. Correlation study. Sec. 34105. Study on the national roadside Sec. 15004. Administrative provisions to en- Sec. 32002. Safety improvement metrics. survey of alcohol and drug use courage pollinator habitat and Sec. 32003. Data certification. by drivers. forage on transportation rights- Sec. 32004. Data improvement. Sec. 34106. Increasing public awareness of of-way. Sec. 32005. Accident report information. the dangers of drug-impaired Sec. 15005. Study on performance of bridges. Sec. 32006. Post-accident report review. driving. Sec. 15006. Sport fish restoration and rec- Sec. 32007. Recognizing excellence in safety. Sec. 34107. Improvement of data collection reational boating safety. Sec. 32008. High risk carrier reviews. on child occupants in vehicle DIVISION B—PUBLIC TRANSPORTATION Subtitle B—Transparency and crashes. TITLE XXI—FEDERAL PUBLIC Accountability PART II—STOP MOTORCYCLE CHECKPOINT TRANSPORTATION ACT Sec. 32201. Rulemaking requirements. FUNDING ACT Sec. 34121. Short title. Sec. 21001. Short title. Sec. 32202. Petitions for regulatory relief. Sec. 32203. Inspector standards. Sec. 34122. Grant restriction. Sec. 21002. Definitions. Sec. 32204. Technology improvements. Sec. 21003. Metropolitan transportation PART III—IMPROVING DRIVER SAFETY ACT OF planning. Subtitle C—Trucking Rules Updated by 2015 Sec. 21004. Statewide and nonmetropolitan Comprehensive and Key Safety Reform Sec. 34131. Short title. transportation planning. Sec. 32301. Update on statutory require- Sec. 34132. Distracted driving incentive Sec. 21005. Urbanized area formula grants. ments. grants. Sec. 21006. Fixed guideway capital invest- Sec. 32302. Statutory rulemaking. Sec. 34133. Barriers to data collection re- ment grants. Sec. 32303. Guidance reform. port.

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0655 E:\CR\FM\A21JY6.044 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5219 Sec. 34134. Minimum requirements for State Subtitle B—Amtrak Reform Sec. 35438. Modification reporting. graduated driver licensing in- Sec. 35201. Amtrak grant process. Sec. 35439. Report on crude oil characteris- centive grant program. Sec. 35202. 5-year business line and assets tics research study. PART IV—TECHNICAL AND CONFORMING plans. PART IV—POSITIVE TRAIN CONTROL AMENDMENTS Sec. 35203. State-supported route com- Sec. 35441. Coordination of spectrum. Sec. 34141. Technical corrections to the mittee. Sec. 35442. Updated plans. Motor Vehicle and Highway Sec. 35204. Route and service planning deci- Sec. 35443. Early adoption and interoper- Safety Improvement Act of sions. ability. 2012. Sec. 35205. Competition. Sec. 35444. Positive train control at grade Sec. 35206. Rolling stock purchases. crossings effectiveness study. Subtitle B—Vehicle Safety Sec. 35207. Food and beverage policy. Subtitle E—Project Delivery Sec. 34201. Authorization of appropriations. Sec. 35208. Local products and promotional Sec. 34202. Inspector General recommenda- events. Sec. 35501. Short title. tions. Sec. 35209. Right-of-way leveraging. Sec. 35502. Preservation of public lands. Sec. 34203. Improvements in availability of Sec. 35210. Station development. Sec. 35503. Efficient environmental reviews. recall information. Sec. 35211. Amtrak debt. Sec. 35504. Advance acquisition. Sec. 34204. Recall process. Sec. 35212. Amtrak pilot program for pas- Sec. 35505. Railroad rights-of-way. Sec. 34205. Pilot grant program for State no- sengers transporting domes- Sec. 35506. Savings clause. tification to consumers of ticated cats and dogs. Sec. 35507. Transition. motor vehicle recall status. Sec. 35213. Amtrak board of directors. Subtitle F—Financing Sec. 34206. Recall obligations under bank- Sec. 35214. Amtrak boarding procedures. Sec. 35601. Short title; references. ruptcy. Subtitle C—Intercity Passenger Rail Policy Sec. 35602. Definitions. Sec. 34207. Dealer requirement to check for Sec. 35301. Competitive operating grants. Sec. 35603. Eligible applicants. open recall. Sec. 35302. Federal-State partnership for Sec. 35604. Eligible purposes. Sec. 34208. Extension of time period for rem- state of good repair. Sec. 35605. Program administration. edy of tire defects. Sec. 35303. Large capital project require- Sec. 35606. Loan terms and repayment. Sec. 34209. Rental car safety. ments. Sec. 35607. Credit risk premiums. Sec. 34210. Increase in civil penalties for vio- Sec. 35304. Small business participation Sec. 35608. Master credit agreements. lations of motor vehicle safety. study. Sec. 35609. Priorities and conditions. Sec. 34211. Electronic odometer disclosures. Sec. 35305. Gulf coast rail service working Sec. 35610. Savings provision. Sec. 34212. Corporate responsibility for group. DIVISION D—FREIGHT AND MAJOR NHTSA reports. Sec. 35306. Integrated passenger rail working PROJECTS Sec. 34213. Direct vehicle notification of re- group. TITLE XLI—FREIGHT POLICY calls. Sec. 35307. Shared-use study. Sec. 41001. Establishment of freight chapter. Sec. 34214. Unattended children warning. Sec. 35308. Northeast Corridor Commission. Sec. 34215. Tire pressure monitoring system. Sec. 41002. National multimodal freight pol- Sec. 35309. Northeast Corridor through- icy. Subtitle C—Research and Development and ticketing and procurement effi- Sec. 41003. National multimodal freight net- Vehicle Electronics ciencies. work. Sec. 35310. Data and analysis. Sec. 34301. Report on operations of the Coun- TITLE XLII—PLANNING cil for Vehicle Electronics, Ve- Sec. 35311. Performance-based proposals. Sec. 42001. National freight strategic plan. hicle Software, and Emerging Sec. 35312. Amtrak Inspector General. Sec. 35313. Miscellaneous provisions. Sec. 42002. State freight advisory commit- Technologies. tees. Sec. 34302. Cooperation with foreign govern- Subtitle D—Rail Safety Sec. 42003. State freight plans. ments. PART I—SAFETY IMPROVEMENT Sec. 42004. Freight data and tools. Subtitle D—Miscellaneous Provisions Sec. 35401. Highway-rail grade crossing safe- TITLE XLIII—FORMULA FREIGHT ty. PART I—DRIVER PRIVACY ACT OF 2015 PROGRAM Sec. 35402. Speed limit action plans. Sec. 34401. Short title. Sec. 35403. Signage. Sec. 43001. National highway freight pro- Sec. 34402. Limitations on data retrieval Sec. 35404. Alerters. gram. from vehicle event data record- Sec. 35405. Signal protection. Sec. 43002. Savings provision. ers. Sec. 35406. Technology implementation TITLE XLIV—GRANTS Sec. 34403. Vehicle event data recorder plans. study. Sec. 44001. Purpose; definitions; administra- Sec. 35407. Commuter rail track inspections. tion. PART II—SAFETY THROUGH INFORMED Sec. 35408. Emergency response. Sec. 44002. Grants. CONSUMERS ACT OF 2015 Sec. 35409. Private highway-rail grade cross- DIVISION E—FINANCE Sec. 34421. Short title. ings. Sec. 34422. Passenger motor vehicle informa- Sec. 35410. Repair and replacement of dam- Sec. 50001. Short title. tion. aged track inspection equip- TITLE LI—HIGHWAY TRUST FUND AND ment. PART III—TIRE EFFICIENCY, SAFETY, AND RELATED TAXES Sec. 35411. Rail police officers. REGISTRATION ACT OF 2015 Subtitle A—Extension of Trust Fund Sec. 35412. Operation deep dive; report. Expenditure Authority and Related Taxes Sec. 34431. Short title. Sec. 35413. Post-accident assessment. Sec. 34432. Tire fuel efficiency minimum per- Sec. 35414. Technical and conforming Sec. 51101. Extension of trust fund expendi- formance standards. amendments. ture authority. Sec. 34433. Tire registration by independent Sec. 35415. GAO study on use of locomotive Sec. 51102. Extension of highway-related sellers. horns at highway-rail grade taxes. Sec. 34434. Tire recall database. crossings. Subtitle B—Additional Transfers to Highway TITLE XXXV—RAILROAD REFORM, PART II—CONSOLIDATED RAIL Trust Fund ENHANCEMENT, AND EFFICIENCY INFRASTRUCTURE AND SAFETY IMPROVEMENTS Sec. 51201. Further additional transfers to Sec. 35001. Short title. Sec. 35421. Consolidated rail infrastructure trust fund. Sec. 35002. Passenger transportation; defini- and safety improvements. Sec. 51202. Transfer to Highway Trust Fund of certain motor vehicle safety tions. PART III—HAZARDOUS MATERIALS BY RAIL penalties. Subtitle A—Authorization of Appropriations SAFETY AND OTHER SAFETY ENHANCEMENTS TITLE LII—OFFSETS Sec. 35101. Authorization of grants to Am- Sec. 35431. Real-time emergency response in- trak. formation. Subtitle A—Tax Provisions Sec. 35102. National infrastructure and safe- Sec. 35432. Thermal blankets. Sec. 52101. Consistent basis reporting be- ty investments. Sec. 35433. Comprehensive oil spill response tween estate and person acquir- Sec. 35103. Authorization of appropriations plans. ing property from decedent. for National Transportation Sec. 35434. Hazardous materials by rail li- Sec. 52102. Revocation or denial of passport Safety Board rail investiga- ability study. in case of certain unpaid taxes. tions. Sec. 35435. Study and testing of electroni- Sec. 52103. Clarification of 6-year statute of Sec. 35104. Authorization of appropriations cally-controlled pneumatic limitations in case of overstate- for Amtrak Office of Inspector brakes. ment of basis. General. Sec. 35436. Recording devices. Sec. 52104. Additional information on re- Sec. 35105. National cooperative rail re- Sec. 35437. Rail passenger transportation li- turns relating to mortgage in- search program. ability. terest.

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0655 E:\CR\FM\A21JY6.044 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5220 CONGRESSIONAL RECORD — SENATE July 21, 2015 Sec. 52105. Return due date modifications. Sec. 80002. Maintenance of highway trust (ii) $260,000,000 for fiscal year 2017; Sec. 52106. Reform of rules relating to quali- fund cash balance. (iii) $265,000,000 for fiscal year 2018; fied tax collection contracts. Sec. 80003. Prohibition on rescissions of cer- (iv) $270,000,000 for fiscal year 2019; Sec. 52107. Special compliance personnel tain contract authority. (v) $275,000,000 for fiscal year 2020; and program. SEC. 3. DEFINITIONS. (vi) $280,000,000 for fiscal year 2021. Sec. 52108. Transfers of excess pension assets In this Act: (4) TERRITORIAL AND PUERTO RICO HIGHWAY to retiree health accounts. (1) DEPARTMENT.—The term ‘‘Department’’ PROGRAM.—For the territorial and Puerto Subtitle B—Fees and Receipts means the Department of Transportation. Rico highway program under section 165 of Sec. 52201. Extension of deposits of security (2) SECRETARY.—The term ‘‘Secretary’’ title 23, United States Code, $190,000,000 for service fees in the general fund. means the Secretary of Transportation. each of fiscal years 2016 through 2021. Sec. 52202. Adjustment for inflation of fees SEC. 4. EFFECTIVE DATE. (5) ASSISTANCE FOR MAJOR PROJECTS PRO- for certain customs services. Except as otherwise provided, divisions A, GRAM.—For the assistance for major projects Sec. 52203. Dividends and surplus funds of B, C, and D, including the amendments made program under section 171 of title 23, United Reserve banks. by those divisions, take effect on October 1, States Code— Sec. 52204. Strategic Petroleum Reserve 2015. (A) $300,000,000 for fiscal year 2016; (B) $350,000,000 for fiscal year 2017; drawdown and sale. DIVISION A—FEDERAL-AID HIGHWAYS (C) $400,000,000 for fiscal year 2018; Sec. 52205. Extension of enterprise guarantee AND HIGHWAY SAFETY CONSTRUCTION fee. PROGRAMS (D) $450,000,000 for fiscal year 2019; Subtitle C—Outlays (E) $450,000,000 for fiscal year 2020; and TITLE I—FEDERAL-AID HIGHWAYS (F) $450,000,000 for fiscal year 2021. Sec. 52301. Recision of funds from Hardest Subtitle A—Authorizations and Programs Hit Fund program. (b) RESEARCH, TECHNOLOGY, AND EDUCATION SEC. 11001. AUTHORIZATION OF APPROPRIA- AUTHORIZATIONS.— Sec. 52302. Interest on overpayment. TIONS. Sec. 52303. Revisions to provisions limiting (1) IN GENERAL.—The following sums are (a) IN GENERAL.—The following sums are authorized to be appropriated out of the payment of benefits to fugitive authorized to be appropriated out of the Highway Trust Fund (other than the Mass felons under titles II, VIII, and Highway Trust Fund (other than the Mass Transit Account): XVI of the Social Security Act. Transit Account): (A) HIGHWAY RESEARCH AND DEVELOPMENT DIVISION F—MISCELLANEOUS (1) FEDERAL-AID HIGHWAY PROGRAM.—For PROGRAM.—To carry out the highway re- the national highway performance program TITLE LXI—FEDERAL PERMITTING search and development program under sec- under section 119 of title 23, United States IMPROVEMENT tion 503(b) of title 23, United States Code, Code, the surface transportation program Sec. 61001. Definitions. $130,000,000 for each of fiscal years 2016 under section 133 of that title, the highway Sec. 61002. Federal Permitting Improvement through 2021. safety improvement program under section Council. (B) TECHNOLOGY AND INNOVATION DEPLOY- 148 of that title, the congestion mitigation Sec. 61003. Permitting process improvement. MENT PROGRAM.—To carry out the tech- and air quality improvement program under Sec. 61004. Interstate compacts. nology and innovation deployment program section 149 of that title, the national freight Sec. 61005. Coordination of required reviews. under section 503(c) of title 23, United States program under section 167 of that title, the Sec. 61006. Delegated State permitting pro- Code, $62,500,000 for each of fiscal years 2016 transportation alternatives program under grams. through 2021. section 213 of that title, and to carry out sec- Sec. 61007. Litigation, judicial review, and (C) TRAINING AND EDUCATION.—To carry out tion 134 of that title— savings provision. training and education under section 504 of (A) $40,579,500,000 for fiscal year 2016; Sec. 61008. Report to Congress. title 23, United States Code, $24,000,000 for (B) $41,421,300,000 for fiscal year 2017; Sec. 61009. Funding for governance, over- each of fiscal years 2016 through 2021. (C) $42,327,100,000 for fiscal year 2018; sight, and processing of envi- (D) INTELLIGENT TRANSPORTATION SYSTEMS (D) $43,300,400,000 for fiscal year 2019; ronmental reviews and permits. PROGRAM.—To carry out the intelligent (E) $44,394,700,000 for fiscal year 2020; and Sec. 61010. Application. transportation systems program under sec- (F) $45,515,900,000 for fiscal year 2021. Sec. 61011. GAO Report. tions 512 through 518 of title 23, United (2) TRANSPORTATION INFRASTRUCTURE FI- DIVISION G—SURFACE States Code, $100,000,000 for each of fiscal NANCE AND INNOVATION PROGRAM.—For credit TRANSPORTATION EXTENSION years 2016 through 2021. assistance under the transportation infra- (E) UNIVERSITY TRANSPORTATION CENTERS Sec. 70001. Short title. structure finance and innovation program PROGRAM.—To carry out the university TITLE LXXI—EXTENSION OF FEDERAL- under chapter 6 of title 23, United States transportation centers program under sec- AID HIGHWAY PROGRAMS Code, $500,000,000 for each of fiscal years 2016 tion 5505 of title 49, United States Code, through 2021. Sec. 71001. Extension of Federal-aid highway $72,500,000 for each of fiscal years 2016 (3) FEDERAL LANDS AND TRIBAL TRANSPOR- programs. through 2021. TATION PROGRAMS.— Sec. 71002. Administrative expenses. (F) BUREAU OF TRANSPORTATION STATIS- (A) TRIBAL TRANSPORTATION PROGRAM.—For TITLE LXXII—TEMPORARY EXTENSION TICS.—To carry out chapter 63 of title 49, the tribal transportation program under sec- OF PUBLIC TRANSPORTATION PRO- United States Code, $26,000,000 for each of fis- tion 202 of title 23, United States Code— GRAMS cal years 2016 through 2021. (i) $460,000,000 for fiscal year 2016; (2) ADMINISTRATION.—The Federal Highway Sec. 72001. Formula grants for rural areas. (ii) $470,000,000 for fiscal year 2017; Administration shall administer the pro- Sec. 72002. Apportionment of appropriations (iii) $480,000,000 for fiscal year 2018; grams described in subparagraphs (D) for formula grants. (iv) $490,000,000 for fiscal year 2019; through (F) of paragraph (1). Sec. 72003. Authorizations for public trans- (v) $500,000,000 for fiscal year 2020; and (3) APPLICABILITY OF TITLE 23, UNITED portation. (vi) $510,000,000 for fiscal year 2021. STATES CODE.—Funds authorized to be appro- Sec. 72004. Bus and bus facilities formula (B) FEDERAL LANDS TRANSPORTATION PRO- priated by paragraph (1) shall— grants. GRAM.— (A) be available for obligation in the same TITLE LXXIII—EXTENSION OF HIGHWAY (i) AUTHORIZATION.—For the Federal lands manner as if those funds were apportioned SAFETY PROGRAMS transportation program under section 203 of under chapter 1 of title 23, United States title 23, United States Code— Subtitle A—Extension of Highway Safety Code; (I) $305,000,000 for fiscal year 2016; Programs (B) remain available until expended; and (II) $310,000,000 for fiscal year 2017; Sec. 73101. Extension of National Highway (C) not be transferable. (III) $315,000,000 for fiscal year 2018; Traffic Safety Administration (IV) $320,000,000 for fiscal year 2019; (c) DISADVANTAGED BUSINESS ENTER- highway safety programs. (V) $325,000,000 for fiscal year 2020; and PRISES.— Sec. 73102. Extension of Federal Motor Car- (VI) $330,000,000 for fiscal year 2021. (1) FINDINGS.—Congress finds that— rier Safety Administration pro- (ii) SPECIAL RULE.— (A) while significant progress has occurred grams. (I) $240,000,000 of the amount made avail- due to the establishment of the disadvan- Sec. 73103. Dingell-Johnson Sport Fish Res- able for each fiscal year shall be the amount taged business enterprise program, discrimi- toration Act. for the National Park Service; and nation and related barriers continue to pose Subtitle B—Hazardous Materials (II) $30,000,000 of the amount made avail- significant obstacles for minority- and Sec. 73201. Authorization of appropriations. able for each fiscal year shall be the amount women-owned businesses seeking to do busi- TITLE LXXIV—REVENUE PROVISIONS for the United States Fish and Wildlife Serv- ness in federally assisted surface transpor- ice. tation markets across the United States; Sec. 74001. Extension of trust fund expendi- (C) FEDERAL LANDS ACCESS PROGRAM.—For (B) the continuing barriers described in ture authority. the Federal lands access program under sec- subparagraph (A) merit the continuation of DIVISION H—BUDGETARY EFFECTS tion 204 of title 23, United States Code— the disadvantaged business enterprise pro- Sec. 80001. Budgetary effects. (i) $255,000,000 for fiscal year 2016; gram;

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.044 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5221 (C) Congress has received and reviewed tes- shall include, with respect to a potential funds obligated in accordance with that sec- timony and documentation of race and gen- small business concern— tion were not subject to a limitation on obli- der discrimination from numerous sources, (i) on-site visits; gations at the time at which the funds were including congressional hearings and (ii) personal interviews with personnel; initially made available for obligation; roundtables, scientific reports, reports issued (iii) issuance or inspection of licenses; (12) section 119 of title 23, United States by public and private agencies, news stories, (iv) analyses of stock ownership; Code (as in effect for fiscal years 2013 reports of discrimination by organizations (v) listings of equipment; through 2015, but only in an amount equal to and individuals, and discrimination lawsuits, (vi) analyses of bonding capacity; $639,000,000 for each of those fiscal years); which show that race- and gender-neutral ef- (vii) listings of work completed; and forts alone are insufficient to address the (viii) examination of the resumes of prin- (13) section 119 of title 23, United States problem; cipal owners; Code (but, for each of fiscal years 2016 (D) the testimony and documentation de- (ix) analyses of financial capacity; and through 2021, only in an amount equal to scribed in subparagraph (C) demonstrate (x) analyses of the type of work preferred. $639,000,000 for each of those fiscal years). that discrimination across the United States (6) REPORTING.—The Secretary shall estab- (c) DISTRIBUTION OF OBLIGATION AUTHOR- ITY.—For each of fiscal years 2016 through poses a barrier to full and fair participation lish minimum requirements for use by State 2021, the Secretary shall— in surface transportation-related businesses governments in reporting to the Secretary— (1) not distribute obligation authority pro- of women business owners and minority busi- (A) information concerning disadvantaged vided by subsection (a) for the fiscal year ness owners and has impacted firm develop- business enterprise awards, commitments, and achievements; and for— ment and many aspects of surface transpor- (B) such other information as the Sec- (A) amounts authorized for administrative tation-related business in the public and pri- retary determines to be appropriate for the expenses and programs by section 104(a) of vate markets; and proper monitoring of the disadvantaged busi- title 23, United States Code; and (E) the testimony and documentation de- ness enterprise program. (B) amounts authorized for the Bureau of scribed in subparagraph (C) provide a strong (7) COMPLIANCE WITH COURT ORDERS.—Noth- Transportation Statistics; basis that there is a compelling need for the ing in this subsection limits the eligibility of (2) not distribute an amount of obligation continuation of the disadvantaged business an individual or entity to receive funds made authority provided by subsection (a) that is enterprise program to address race and gen- available under title I of this Act and section equal to the unobligated balance of der discrimination in surface transportation- 403 of title 23, United States Code, if the indi- amounts— related business. vidual or entity is prevented, in whole or in (A) made available from the Highway (2) DEFINITIONS.—In this subsection, the part, from complying with paragraph (2) be- Trust Fund (other than the Mass Transit Ac- following definitions apply: cause a Federal court issues a final order in count) for Federal-aid highway and highway (A) SMALL BUSINESS CONCERN.— which the court finds that a requirement or safety construction programs for previous (i) IN GENERAL.—The term ‘‘small business the implementation of paragraph (2) is un- fiscal years the funds for which are allocated concern’’ means a small business concern (as constitutional. by the Secretary (or apportioned by the Sec- the term is used in section 3 of the Small (d) CONFORMING AMENDMENT.—Section retary under section 202 or 204 of title 23, Business Act (15 U.S.C. 632)). 1101(b) of MAP–21 (Public Law 112–141; 126 United States Code); and (ii) EXCLUSIONS.—The term ‘‘small business Stat. 414) is repealed. (B) for which obligation authority was pro- concern’’ does not include any concern or SEC. 11002. OBLIGATION CEILING. vided in a previous fiscal year; group of concerns controlled by the same so- (a) GENERAL LIMITATION.—Subject to sub- (3) determine the proportion that— cially and economically disadvantaged indi- section (e), and notwithstanding any other (A) an amount equal to the difference be- vidual or individuals that have average an- provision of law, the obligations for Federal- tween— nual gross receipts during the preceding 3 aid highway and highway safety construc- (i) the obligation authority provided by fiscal years in excess of $22,410,000, as ad- tion programs shall not exceed— subsection (a) for the fiscal year; and justed annually by the Secretary for infla- (1) $42,401,500,000 for fiscal year 2016; (ii) the aggregate amount not distributed tion. (2) $43,472,300,000 for fiscal year 2017; under paragraphs (1) and (2); bears to (B) SOCIALLY AND ECONOMICALLY DISADVAN- (3) $44,607,100,000 for fiscal year 2018; (B) an amount equal to the difference be- TAGED INDIVIDUALS.—The term ‘‘socially and (4) $45,859,400,000 for fiscal year 2019; tween— economically disadvantaged individuals’’ has (5) $46,982,700,000 for fiscal year 2020; and (i) the total of the sums authorized to be the meaning given the term in section 8(d) of (6) $48,132,900,000 for fiscal year 2021. appropriated for the Federal-aid highway the Small Business Act (15 U.S.C. 637(d)) and (b) EXCEPTIONS.—The limitations under and highway safety construction programs relevant subcontracting regulations issued subsection (a) shall not apply to obligations (other than sums authorized to be appro- pursuant to that Act, except that women under or for— priated for provisions of law described in shall be presumed to be socially and eco- (1) section 125 of title 23, United States paragraphs (1) through (12) of subsection (b) nomically disadvantaged individuals for pur- Code; and sums authorized to be appropriated for poses of this subsection. (2) section 147 of the Surface Transpor- section 119 of title 23, United States Code, (3) AMOUNTS FOR SMALL BUSINESS CON- tation Assistance Act of 1978 (23 U.S.C. 144 equal to the amount referred to in sub- CERNS.—Except to the extent that the Sec- note; 92 Stat. 2714); section (b)(13) for the fiscal year); and retary determines otherwise, not less than 10 (3) section 9 of the Federal-Aid Highway (ii) the aggregate amount not distributed percent of the amounts made available for Act of 1981 (95 Stat. 1701); under paragraphs (1) and (2); any program under title I of this Act and (4) subsections (b) and (j) of section 131 of (4) distribute the obligation authority pro- section 403 of title 23, United States Code, the Surface Transportation Assistance Act vided by subsection (a), less the aggregate shall be expended through small business of 1982 (96 Stat. 2119); amount not distributed under paragraphs (1) concerns owned and controlled by socially (5) subsections (b) and (c) of section 149 of and (2), for each of the programs (other than and economically disadvantaged individuals. the Surface Transportation and Uniform Re- programs to which paragraph (1) applies) (4) ANNUAL LISTING OF DISADVANTAGED BUSI- location Assistance Act of 1987 (101 Stat. 198); that are allocated by the Secretary under NESS ENTERPRISES.—Each State shall annu- (6) sections 1103 through 1108 of the Inter- this Act and title 23, United States Code, or ally— modal Surface Transportation Efficiency Act apportioned by the Secretary under section (A) survey and compile a list of the small of 1991 (105 Stat. 2027); 202 or 204 of that title, by multiplying— business concerns referred to in paragraph (7) section 157 of title 23, United States (A) the proportion determined under para- (2) in the State, including the location of the Code (as in effect on June 8, 1998); graph (3); by small business concerns in the State; and (8) section 105 of title 23, United States (B) the amounts authorized to be appro- (B) notify the Secretary, in writing, of the Code (as in effect for fiscal years 1998 priated for each such program for the fiscal percentage of the small business concerns through 2004, but only in an amount equal to year; and that are controlled by— $639,000,000 for each of those fiscal years); (5) distribute the obligation authority pro- (i) women; (9) section 105 of title 23, United States vided by subsection (a), less the aggregate (ii) socially and economically disadvan- Code (as in effect for fiscal years 2005 amount not distributed under paragraphs (1) taged individuals (other than women); and through 2012, but only in an amount equal to and (2) and the amounts distributed under (iii) individuals who are women and are $639,000,000 for each of those fiscal years); paragraph (4), for Federal-aid highway and otherwise socially and economically dis- (10) Federal-aid highway programs for highway safety construction programs that advantaged individuals. which obligation authority was made avail- are apportioned by the Secretary under title (5) UNIFORM CERTIFICATION.— able under the Transportation Equity Act 23, United States Code, (other than the (A) IN GENERAL.—The Secretary shall es- for the 21st Century (112 Stat. 107) or subse- amounts apportioned for the national high- tablish minimum uniform criteria for use by quent Acts for multiple years or to remain way performance program under section 119 State governments in certifying whether a available until expended, but only to the ex- of title 23, United States Code, that are ex- concern qualifies as a small business concern tent that the obligation authority has not empt from the limitation under subsection for the purpose of this subsection. lapsed or been used; (b)(13) and the amounts apportioned under (B) INCLUSIONS.—The minimum uniform (11) section 1603 of SAFETEA–LU (23 U.S.C. sections 202 and 204 of that title) in the pro- criteria established under subparagraph (A) 118 note; 119 Stat. 1248), to the extent that portion that—

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(A) amounts authorized to be appropriated quality improvement program, the national ‘‘(i) INITIAL AMOUNT.—The initial amount for the programs that are apportioned under freight program’’; for each State shall be determined by multi- title 23, United States Code, to each State (B) in each of paragraphs (1), (2), and (3) by plying the total amount available for appor- for the fiscal year; bears to striking ‘‘paragraphs (4) and (5)’’ each place tionment by the share for each State, which (B) the total of the amounts authorized to it appears and inserting ‘‘paragraphs (4), (5), shall be equal to the proportion that— be appropriated for the programs that are and (6), and section 213(a)’’; ‘‘(I) the amount of apportionments that apportioned under title 23, United States (C) in paragraph (1), by striking ‘‘63.7 per- the State received for fiscal year 2014; bears Code, to all States for the fiscal year. cent’’ and inserting ‘‘65 percent’’; to (d) REDISTRIBUTION OF UNUSED OBLIGATION (D) in paragraph (2), by striking ‘‘29.3 per- ‘‘(II) the amount of those apportionments AUTHORITY.—Notwithstanding subsection (c), cent’’ and inserting ‘‘29 percent’’; 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). way safety improvement program under sec- paragraph (2), obligation limitations im- ‘‘(B) TOTAL AMOUNT.—The total amount set tion 148, the congestion mitigation and air posed by subsection (a) shall apply to con- aside for the national freight program for all quality improvement program under section tract authority for transportation research States shall be— 149, the national freight program under sec- programs carried out under chapter 5 of title ‘‘(i) $1,500,000,000 for fiscal year 2016; tion 167, the transportation alternatives pro- 23, United States Code. ‘‘(ii) $1,750,000,000 for fiscal year 2017; gram under section 213, and to carry out sec- ‘‘(iii) $2,000,000,000 for fiscal year 2018; tion 134 in accordance with subparagraph (2) EXCEPTION.—Obligation authority made available under paragraph (1) shall— ‘‘(iv) $2,300,000,000 for fiscal year 2019; (A).’’. ‘‘(v) $2,400,000,000 for fiscal year 2020; and (b) CONFORMING AMENDMENTS.— (A) remain available for a period of 4 fiscal ‘‘(vi) $2,500,000,000 for fiscal year 2021. (1) Section 104(d)(1)(A) of title 23, United years; and ‘‘(C) STATE SHARE.—The Secretary shall States Code, is amended by striking ‘‘sub- (B) be in addition to the amount of any distribute among the States the total set- section (b)(5)’’ each place it appears and in- limitation imposed on obligations for Fed- aside amount for the national freight pro- serting ‘‘paragraphs (5)(D) and (6) of sub- eral-aid highway and highway safety con- gram under subparagraph (B) so that each section (b)’’. struction programs for future fiscal years. State receives an amount equal to the pro- (2) Section 120(c)(3) of title 23, United (f) REDISTRIBUTION OF CERTAIN AUTHORIZED portion that— States Code, is amended— FUNDS.— ‘‘(i) the total apportionment determined (A) in subparagraph (A), in the matter pre- (1) IN GENERAL.—Not later than 30 days under subsection (c) for a State; bears to ceding clause (i), by striking ‘‘or (5)’’ and in- after the date of distribution of obligation ‘‘(ii) the total apportionments for all serting ‘‘(5)(D), or (6)’’; and authority under subsection (c) for each of fis- States. (B) in subparagraph (C)(i), by striking ‘‘and cal years 2016 through 2021, the Secretary ‘‘(D) METROPOLITAN PLANNING.—Of the (5)’’ and inserting ‘‘(5)(D), and (6)’’. shall distribute to the States any funds (ex- amount set aside under this paragraph for a (3) Section 135(i) of title 23, United States cluding funds authorized for the program State, the Secretary shall use to carry out Code, is amended by striking ‘‘section under section 202 of title 23, United States section 134 an amount determined by multi- 104(b)(5)’’ and inserting ‘‘paragraphs (5)(D) Code) that— plying the set-aside amount by the propor- and (6) of section 104(b)’’. (A) are authorized to be appropriated for tion that— (4) Section 136(b) of title 23, United States the fiscal year for Federal-aid highway pro- ‘‘(i) the amount apportioned to the State Code, is amended in the first sentence by grams; and to carry out section 134 for fiscal year 2009; striking ‘‘paragraphs (1) through (5) of sec- (B) the Secretary determines will not be bears to tion 104(b)’’ and inserting ‘‘paragraphs (1) allocated to the States (or will not be appor- ‘‘(ii) the total amount of funds apportioned through (6) of section 104(b)’’. tioned to the States under section 204 of title to the State for that fiscal year for the pro- (5) Section 141(b)(2) of title 23, United 23, United States Code), and will not be grams referred to in section 105(a)(2), except States Code, is amended by striking ‘‘para- available for obligation, for the fiscal year for the high priority projects program re- graphs (1) through (5) of section 104(b)’’ and because of the imposition of any obligation ferred to in section 105(a)(2)(H) (as in effect inserting ‘‘paragraphs (1) through (6) of sec- limitation for the fiscal year. on the day before the date of enactment of tion 104(b)’’. (2) RATIO.—Funds shall be distributed MAP–21 (Public Law 112–141; 126 Stat. 405).’’; (6) Section 505(a) of title 23, United States under paragraph (1) in the same proportion and Code, is amended in the matter preceding as the distribution of obligation authority (I) in paragraph (6) (as redesignated by sub- paragraph (1) by striking ‘‘through (4)’’ and under subsection (c)(5). paragraph (G)), in the matter preceding sub- inserting ‘‘through (5)’’. (3) AVAILABILITY.—Funds distributed to paragraph (A), by striking ‘‘determined for SEC. 11004. SURFACE TRANSPORTATION PRO- each State under paragraph (1) shall be the State under subsection (c)’’ and inserting GRAM. available for any purpose described in sec- ‘‘remaining under subsection (c) after mak- Section 133 of title 23, United States Code, tion 133(b) of title 23, United States Code. ing the set-asides in accordance with para- is amended— SEC. 11003. APPORTIONMENT. graph (5) and section 213(a)’’; and (1) in subsection (b)— (a) IN GENERAL.—Section 104 of title 23, (3) in subsection (c) by adding at the end (A) in paragraph (10), by inserting ‘‘, in- United States Code, is amended— the following: cluding emergency evacuation plans’’ after (1) in subsection (a)(1) by striking subpara- ‘‘(3) FOR FISCAL YEARS 2016 THROUGH 2021.— ‘‘programs’’; and graphs (A) and (B) and inserting the fol- ‘‘(A) STATE SHARE.—For each of fiscal (B) in paragraph (13), by adding a period at lowing: years 2016 through 2021, the amount for each the end; ‘‘(A) $456,000,000 for fiscal year 2016; State of combined apportionments for the (2) in subsection (c)— ‘‘(B) $465,000,000 for fiscal year 2017; national highway performance program (A) in paragraph (1), by striking the semi- ‘‘(C) $474,000,000 for fiscal year 2018; under section 119, the surface transportation colon at the end and inserting ‘‘or for ‘‘(D) $483,000,000 for fiscal year 2019; program under section 133, the highway safe- projects described in paragraphs (2), (4), (6), ‘‘(E) $492,000,000 for fiscal year 2020; and ty improvement program under section 148, (7), (11), (20), (25), and (26) of subsection (b); ‘‘(F) $501,000,000 for fiscal year 2021.’’; the congestion mitigation and air quality and’’; (2) in subsection (b)— improvement program under section 149, the (B) by striking paragraph (2); and (A) in the matter preceding paragraph (1), national freight program under section 167, (C) by redesignating paragraph (3) as para- by striking ‘‘and the congestion mitigation the transportation alternatives program graph (2); and air quality improvement program’’ and under section 213, and to carry out section (3) in subsection (d)— inserting ‘‘the congestion mitigation and air 134, shall be determined as follows: (A) in paragraph (1)—

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.044 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5223 (i) in subparagraph (A)— under the requirements of section 1303 of (i) in subparagraph (G), by striking ‘‘and’’ (I) in the matter preceding clause (i), by SAFETEA–LU (23 U.S.C. 101 note; Public at the end; striking ‘‘50 percent’’ and inserting ‘‘55 per- Law 109–59). (ii) in subparagraph (H), by striking the pe- cent’’; and ‘‘(3) CERTIFICATION.—Before making a des- riod at the end and inserting ‘‘; and’’; and (II) in clause (ii), by striking ‘‘greater than ignation under paragraph (1), the Governor (iii) by adding at the end the following: 5,000’’ and inserting ‘‘of 5,000 or more’’; and shall certify that the designation is con- ‘‘(I) improve the resilience and reliability (ii) in subparagraph (B), by striking ‘‘50 sistent with transportation planning require- of the transportation system.’’; and percent’’ and inserting ‘‘45 percent’’; and ments under this title. (B) in paragraph (2)(A), by striking ‘‘and in (B) in paragraph (3)— ‘‘(4) NOTIFICATION.—Not later than 30 days section 5301(c) of title 49’’ and inserting ‘‘and (i) by striking ‘‘paragraph (1)(A)(ii)’’ and after making a designation under paragraph the general purposes described in section 5301 inserting ‘‘paragraph (1)(A)(iii)’’; and (1), the Governor shall submit to the rel- of title 49’’; (ii) by striking ‘‘greater than 5,000 and less evant transportation planning organizations (7) in subsection (i)— than 200,000’’ and inserting ‘‘of 5,000 to within the border region a written notifica- (A) in paragraph (2)— 200,000’’; tion of any suballocated or distributed (i) in subparagraph (A)(i), by striking (4) in subsection (f)(1)— amount of funds available for obligation by ‘‘transit’’ and inserting ‘‘public transpor- (A) by striking ‘‘104(b)(3)’’ and inserting jurisdiction. tation facilities, intercity bus facilities’’; ‘‘104(b)(2)’’; and ‘‘(5) LIMITATION.—This subsection applies (ii) in subparagraph (G)— (B) by striking ‘‘the period of fiscal years only to funds apportioned to a State after (I) by striking ‘‘and provide’’ and inserting 2011 through 2014’’ and inserting ‘‘each fiscal the date of enactment of the DRIVE Act. ‘‘, provide’’; and year’’; ‘‘(6) DEADLINE FOR DESIGNATION.—A des- (II) by inserting ‘‘, and reduce vulner- (5) by redesignating subsection (h) as sub- ignation under paragraph (1) shall— ability due to natural disasters of the exist- section (i); ‘‘(A) be submitted to the Secretary not ing transportation infrastructure’’ before the (6) in subsection (g)— later than 30 days before the beginning of the period at the end; and (A) by striking the subsection designation fiscal year for which the designation is being (iii) in subparagraph (H), by inserting ‘‘, in- and heading and all that follows through made; and cluding consideration of the role that inter- paragraph (1) and inserting the following: ‘‘(B) remain in effect for the funds des- city buses may play in reducing congestion, ‘‘(g) BRIDGES OFF THE NATIONAL HIGHWAY ignated under paragraph (1) for a fiscal year pollution, and energy consumption in a cost- SYSTEM.— until the Governor of the State notifies the effective manner and strategies and invest- ‘‘(1) DEFINITION OF OFF-NHS BRIDGE.—In this Secretary of the termination of the designa- ments that preserve and enhance intercity subsection, the term ‘off-NHS bridge’ means tion. bus systems, including systems that are pri- a highway bridge located on a public road, ‘‘(7) UNOBLIGATED FUNDS AFTER TERMI- vately owned and operated’’ before the pe- other than a bridge on the National Highway NATION.—On the date of a termination under riod at the end; System.’’; and paragraph (6)(B), all remaining unobligated (B) in paragraph (6)(A)— (B) in paragraph (2)— funds that were designated under paragraph (i) by inserting ‘‘public ports,’’ before (i) by striking subparagraph (A) and insert- (1) for the fiscal year for which the designa- ‘‘freight shippers,’’; and ing the following: tion is being terminated shall be made avail- (ii) by inserting ‘‘(including intercity bus ‘‘(A) SET-ASIDE.—Each State shall obligate able to the State for the purposes described operators and commuter vanpool providers)’’ for replacement (including replacement with in subsection (d)(1)(B).’’. after ‘‘private providers of transportation’’; fill material), rehabilitation, preservation, SEC. 11005. METROPOLITAN TRANSPORTATION and and protection (including scour counter- PLANNING. (C) in paragraph (8), by striking ‘‘(2)(C)’’ measures, seismic retrofits, impact protec- Section 134 of title 23, United States Code, each place it appears and inserting ‘‘(2)(E)’’; tion measures, security countermeasures, is amended— (8) in subsection (j)(5)(A), by striking ‘‘sub- and protection against extreme events) for (1) in subsection (a)(1), by inserting ‘‘resil- section (k)(4)’’ and inserting ‘‘subsection off-NHS bridges an amount equal to the ient’’ before ‘‘surface transportation sys- (k)(3)’’; greater of— tems’’; (9) in subsection (k)— ‘‘(i) 15 percent of the amount apportioned (2) in subsection (c)(2), by striking ‘‘and bi- (A) by striking paragraph (3); and to the State under section 104(b)(2); and cycle transportation facilities’’ and inserting (B) by redesignating paragraphs (4) and (5) ‘‘(ii) an amount equal to at least 110 per- ‘‘, bicycle transportation facilities, inter- as paragraphs (3) and (4), respectively; cent of the amount of funds set aside for modal facilities that support intercity trans- (10) in subsection (l)— bridges not on Federal-aid highways in the portation, including intercity buses and (A) in paragraph (1), by adding a period at State for fiscal year 2014.’’; and intercity bus facilities, and commuter van- the end; and (ii) in subparagraph (B), by striking ‘‘off- pool providers’’; (B) in paragraph (2)(D), by striking ‘‘of less system’’ and inserting ‘‘off-NHS’’; and (3) in subsection (d)— than 200,000’’ and inserting ‘‘with a popu- (C) by redesignating paragraph (3) as sub- (A) by redesignating paragraphs (3) lation of 200,000 or less’’; section (h); through (6) as paragraphs (4) through (7), re- (11) by striking subsection (n); (7) in subsection (h) (as so redesignated)— spectively; (12) by redesignating subsections (o) (A) by striking the heading and inserting (B) by inserting after paragraph (2) the fol- through (q) as subsections (n) through (p), ‘‘CREDIT FOR BRIDGES NOT ON THE NATIONAL lowing: respectively; HIGHWAY SYSTEM.—’’; ‘‘(3) REPRESENTATION.— (13) in subsection (o) (as so redesignated), (B) by redesignating subparagraphs (A) and ‘‘(A) IN GENERAL.—Designation or selection by striking ‘‘set aside under section 104(f)’’ (B) as paragraphs (1) and (2), respectively, of officials or representatives under para- and inserting ‘‘apportioned under paragraphs and indenting appropriately; and graph (2) shall be determined by the metro- (5)(D) and (6) of section 104(b)’’ ; and (C) in the matter preceding paragraph (1) politan planning organization according to (14) by adding at the end the following: (as so redesignated)— the bylaws or enabling statute of the organi- ‘‘(q) TREATMENT OF LAKE TAHOE REGION.— (i) by striking ‘‘the replacement of a bridge zation. ‘‘(1) DEFINITION OF LAKE TAHOE REGION.—In or rehabilitation of’’; and ‘‘(B) PUBLIC TRANSPORTATION REPRESENTA- this subsection, the term ‘Lake Tahoe Re- (ii) by striking ‘‘, and is determined by the TIVE.—Subject to the bylaws or enabling gion’ has the meaning given the term ‘re- Secretary upon completion to be no longer a statute of the metropolitan planning organi- gion’ in subsection (a) of Article II of the deficient bridge’’; zation, a representative of a provider of pub- Lake Tahoe Regional Planning Compact (8) in subsection (i)(1) (as redesignated by lic transportation may also serve as a rep- (Public Law 96–551; 94 Stat. 3234). paragraph (5)), by striking ‘‘under subsection resentative of a local municipality. ‘‘(2) TREATMENT.—For the purpose of this (d)(1)(A)(iii) for each of fiscal years 2013 ‘‘(C) POWERS OF CERTAIN OFFICIALS.—An of- title, the Lake Tahoe Region shall be treated through 2014’’ and inserting ‘‘under sub- ficial described in paragraph (2)(B) shall have as— section (d)(1)(A)(ii) for each fiscal year’’; and responsibilities, actions, duties, voting ‘‘(A) a metropolitan planning organization; (9) by adding at the end the following: rights, and any other authority commensu- ‘‘(B) a transportation management area ‘‘(j) BORDER STATES.— rate with other officials described in para- under subsection (k); and ‘‘(1) IN GENERAL.—After consultation with graph (2)(B).’’; and ‘‘(C) an urbanized area, which is comprised relevant transportation planning organiza- (C) in paragraph (5) (as redesignated by of a population of 145,000 in the State of Cali- tions, the Governor of a State that shares a subparagraph (A)), by striking ‘‘paragraph fornia and a population of 65,000 in the State land border with Canada or Mexico may des- (5)’’ and inserting ‘‘paragraph (6)’’; of Nevada. ignate for each fiscal year not more than 5 (4) in subsection (e)(4)(B), by striking ‘‘sub- ‘‘(3) SUBALLOCATED FUNDING.— percent of funds made available to the State section (d)(5)’’ and inserting ‘‘subsection ‘‘(A) SECTION 133.—When determining the under subsection (d)(1)(B) for border infra- (d)(6)’’; amount under subparagraph (A) of section structure projects eligible under section 1303 (5) in subsection (g)(3)(A), by inserting 133(d)(1) that shall be obligated for a fiscal of SAFETEA–LU (23 U.S.C. 101 note; Public ‘‘natural disaster risk reduction,’’ after ‘‘en- year in the States of California and Nevada Law 109–59). vironmental protection,’’; under clauses (i), (ii), and (iii) of that sub- ‘‘(2) USE OF FUNDS.—Funds designated (6) in subsection (h)— paragraph, the Secretary shall, for each of under this subsection shall be available (A) in paragraph (1)— those States—

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.044 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5224 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(i) calculate the population under each of (7) by redesignating subsections (k) (1) be located in a county that, based on those clauses; through (m) as subsections (j) through (l), re- the most recent decennial census— ‘‘(ii) decrease the amount under section spectively. (A) has a population density of 80 or fewer 133(d)(1)(A)(iii) by the population specified in (b) CONFORMING AMENDMENTS.—Section persons per square mile of land area; or paragraph (2) of this subsection for the Lake 134(b)(5) of title 23, United States Code, is (B) is the county that has the lowest popu- Tahoe Region in that State; and amended by striking ‘‘section 135(m)’’ and in- lation density of all counties in the State; ‘‘(iii) increase the amount under section serting ‘‘section 135(l)’’. (2) be located within the operational right- 133(d)(1)(A)(i) by the population specified in SEC. 11007. HIGHWAY USE TAX EVASION of-way (as defined in section 1316(b) of MAP– paragraph (2) of this subsection for the Lake PROJECTS. 21 (23 U.S.C. 109 note; 126 Stat. 549)) of an ex- Tahoe Region in that State. Section 143(b) of title 23, United States isting road or bridge; and ‘‘(B) SECTION 213.—When determining the Code, is amended by striking paragraph (3)(A) receive less than $5,000,000 of Federal amount under paragraph (1) of section 213(c) (2)(A) and inserting the following: funds; or that shall be obligated for a fiscal year in ‘‘(A) IN GENERAL.—From administrative (B) have a total estimated cost of not more the States of California and Nevada under funds made available under section 104(a), than $30,000,000 and Federal funds comprising subparagraphs (A), (B), and (C) of that para- the Secretary shall deduct such sums as are less than 15 percent of the total estimated graph, the Secretary shall, for each of those necessary, not to exceed $4,000,000 for each project cost. States— fiscal year, to carry out this section.’’. (c) PROCESS TO ASSIST RURAL PROJECTS.— ‘‘(i) calculate the population under each of SEC. 11008. BUNDLING OF BRIDGE PROJECTS. (1) ASSISTANCE WITH FEDERAL REQUIRE- those subparagraphs; Section 144 of title 23, United States Code, MENTS.— ‘‘(ii) decrease the amount under section is amended— (A) IN GENERAL.—For projects under this 213(c)(1)(C) by the population specified in (1) in subsection (c)(2)(A), by striking ‘‘the section, the Secretary shall seek to provide, paragraph (2) of this subsection for the Lake natural condition of the bridge’’ and insert- to the maximum extent practicable, regu- Tahoe Region in that State; and ing ‘‘the natural condition of the water’’; latory relief and flexibility consistent with ‘‘(iii) increase the amount under section (2) by redesignating subsection (j) as sub- this section. 213(c)(1)(A) by the population specified in section (k); (B) EXCEPTIONS, EXEMPTIONS, AND ADDI- paragraph (2) of this subsection for the Lake (3) by inserting after subsection (i) the fol- TIONAL FLEXIBILITY.—Exceptions, exemp- Tahoe Region in that State.’’. lowing: tions, and additional flexibility from regu- SEC. 11006. STATEWIDE AND NONMETROPOLITAN ‘‘(j) BUNDLING OF BRIDGE PROJECTS.— latory requirements may be granted if, in TRANSPORTATION PLANNING. ‘‘(1) PURPOSE.—The purpose of this sub- the opinion of the Secretary— (a) IN GENERAL.—Section 135 of title 23, section is to save costs and time by encour- (i) the project is not expected to have a sig- United States Code, is amended— aging States to bundle multiple bridge nificant adverse impact on the environment; (1) in subsection (a)(2), by striking ‘‘and bi- projects as 1 project. (ii) the project is not expected to have an cycle transportation facilities’’ and inserting ‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In adverse impact on safety; and ‘‘, bicycle transportation facilities, inter- this subsection, the term ‘eligible entity’ (iii) the assistance would be in the public modal facilities that support intercity trans- means an entity eligible to carry out a interest for 1 or more reasons, including— portation, including intercity buses and bridge project under section 119 or 133. (I) reduced project costs; intercity bus facilities, and commuter van- ‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli- (II) expedited construction, particularly in pool providers’’; gible entity may bundle 2 or more similar an area where the construction season is rel- (2) in subsection (d)— bridge projects that are— atively short and not granting the waiver or (A) in paragraph (1)— ‘‘(A) eligible projects under section 119 or additional flexibility could delay the project (i) in subparagraph (G), by striking ‘‘and’’ 133; to a later construction season; or at the end; ‘‘(B) included as a bundled project in a (III) improved safety. (ii) in subparagraph (H), by striking the pe- transportation improvement program under (2) MAINTAINING PROTECTIONS.—Nothing in riod at the end and inserting ‘‘; and’’; and section 134(j) or a statewide transportation this subsection— (iii) by adding at the end the following: improvement program under section 135, as (A) waives the requirements of section 113 ‘‘(I) improve the resilience and reliability applicable; and or 138 of title 23, United States Code; of the transportation system.’’; and ‘‘(C) awarded to a single contractor or con- (B) supersedes, amends, or modifies— (B) in paragraph (2)(A), by striking ‘‘and in sultant pursuant to a contract for engineer- (i) the National Environmental Policy Act section 5301(c) of title 49’’ and inserting ‘‘and ing and design or construction between the of 1969 (42 U.S.C. 4321 et seq.) or any other the general purposes described in section 5301 contractor and an eligible entity. Federal environmental law; or of title 49’’; ‘‘(4) ITEMIZATION.—Notwithstanding any (ii) any requirement of title 23, United (3) in subsection (e)(1), by striking ‘‘sub- other provision of law (including regula- States Code; or section (m)’’ and inserting ‘‘subsection (l)’’; tions), an eligible bridge project included in (C) affects the responsibility of any Fed- (4) in subsection (f)— a bundle under this subsection may be listed eral officer to comply with or enforce any (A) in paragraph (2)(B)(i), by striking ‘‘sub- as— law or requirement described in this para- section (m)’’ and inserting ‘‘subsection (l)’’; ‘‘(A) 1 project for purposes of sections 134 graph. (B) in paragraph (3)(A)— and 135; and SEC. 11010. CONSTRUCTION OF FERRY BOATS (i) in clause (i), by striking ‘‘subsection ‘‘(B) a single project within the applicable AND FERRY TERMINAL FACILITIES. (m)’’ and inserting ‘‘subsection (l)’’; and bundle. (a) CONSTRUCTION OF FERRY BOATS AND (ii) in clause (ii), by inserting ‘‘(including ‘‘(5) FINANCIAL CHARACTERISTICS.—Projects FERRY TERMINAL FACILITIES.—Section 147 of intercity bus operators and commuter van- bundled under this subsection shall have the title 23, United States Code, is amended— pool providers)’’ after ‘‘private providers of same financial characteristics, including— (1) in subsection (a), by striking ‘‘IN GEN- transportation’’; ‘‘(A) the same funding category or sub- ERAL’’ and inserting ‘‘PROGRAM’’; (C) in paragraph (7), in the matter pre- category; and (2) by striking subsections (d) through (g) ceding subparagraph (A), by striking ‘‘(B) the same Federal share.’’; and and inserting the following: ‘‘should’’ and inserting ‘‘shall’’; and (4) in subsection (k)(2) (as redesignated by ‘‘(d) FORMULA.—Of the amounts allocated (D) in paragraph (8), by inserting ‘‘, includ- paragraph (2)), by striking ‘‘104(b)(3)’’ and in- under subsection (c)— ing consideration of the role that intercity serting ‘‘104(b)(2)’’. ‘‘(1) 35 percent shall be allocated among el- buses may play in reducing congestion, pol- SEC. 11009. FLEXIBILITY FOR CERTAIN RURAL igible entities in the proportion that— lution, and energy consumption in a cost-ef- ROAD AND BRIDGE PROJECTS. ‘‘(A) the number of ferry passengers, in- fective manner and strategies and invest- (a) AUTHORITY.—With respect to rural road cluding passengers in vehicles, carried by ments that preserve and enhance intercity and rural bridge projects eligible for funding each ferry system in the most recent cal- bus systems, including systems that are pri- under title 23, United States Code, subject to endar year for which data is available; bears vately owned and operated’’ before the pe- the provisions of this section and on request to riod at the end; by a State, the Secretary may— ‘‘(B) the number of ferry passengers, in- (5) in subsection (g)— (1) exercise all existing flexibilities under cluding passengers in vehicles, carried by all (A) in paragraph (2)(B)(i), by striking ‘‘sub- and exceptions to— ferry systems in the most recent calendar section (m)’’ and inserting ‘‘subsection (l)’’; (A) the requirements of title 23, United year for which data is available; (B) in paragraph (3)— States Code; and ‘‘(2) 35 percent shall be allocated among el- (i) by inserting ‘‘public ports,’’ before (B) other requirements administered by igible entities in the proportion that— ‘‘freight shippers’’; and the Secretary, in whole or part; and ‘‘(A) the number of vehicles carried by (ii) by inserting ‘‘(including intercity bus (2) otherwise provide additional flexibility each ferry system in the most recent cal- operators),’’ after ‘‘private providers of or expedited processing with respect to the endar year for which data is available; bears transportation’’; and requirements described in paragraph (1). to (C) in paragraph (6)(A), by striking ‘‘sub- (b) TYPES OF PROJECTS.—A rural road or ‘‘(B) the number of vehicles carried by all section (m)’’ and inserting ‘‘subsection (l)’’; rural bridge project under this section ferry systems in the most recent calendar (6) by striking subsection (j); and shall— year for which data is available; and

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.044 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5225 ‘‘(3) 30 percent shall be allocated among el- ‘‘(B) Any Federal participation shall not road until the State completes a collection igible entities in the proportion that— involve the construction or purchase, for pri- of the required model inventory of roadway ‘‘(A) the total route nautical miles serv- vate ownership, of a ferry boat, ferry ter- elements for the road.’’. iced by each ferry system in the most recent minal facility, or other eligible project under SEC. 11013. CONGESTION MITIGATION AND AIR calendar year for which data is available; this section.’’; QUALITY IMPROVEMENT PROGRAM. bears to (3) in paragraph (4), by striking ‘‘and re- Section 149 of title 23, United States Code, ‘‘(B) the total route nautical miles serviced pair,’’ and inserting ‘‘repair,’’; and is amended— by all ferry systems in the most recent cal- (4) by striking paragraph (6) and inserting (1) in subsection (b)— endar year for which data is available. the following: (A) in paragraph (1)(A)(i)(I), by inserting ‘‘(e) REDISTRIBUTION OF UNOBLIGATED ‘‘(6) The ferry service shall be maintained ‘‘in the designated nonattainment area’’ AMOUNTS.—The Secretary shall— in accordance with section 116. after ‘‘air quality standard’’; ‘‘(1) withdraw amounts allocated to an eli- ‘‘(7)(A) No ferry boat or ferry terminal (B) in paragraph (3), by inserting ‘‘or main- gible entity under subsection (c) that remain with Federal participation under this title tenance’’ after ‘‘likely to contribute to the unobligated by the end of the third fiscal may be sold, leased, or otherwise disposed of, attainment’’; year following the fiscal year for which the except in accordance with part 18 of title 49, (C) in paragraph (4), by striking ‘‘attain- amounts were allocated; and Code of Federal Regulations (as in effect on ment of’’ and inserting ‘‘attainment or main- ‘‘(2) in the subsequent fiscal year, redis- December 18, 2014). tenance of the area of’’; and tribute the funds referred to in paragraph (1) ‘‘(B) The Federal share of any proceeds (D) in paragraph (8)(A)(ii)— in accordance with the formula under sub- from a disposition referred to in subpara- (i) in the matter preceding subclause (I), by section (d) among eligible entities for which graph (A) shall be used for eligible purposes inserting ‘‘or port-related freight oper- no amounts were withdrawn under paragraph under this title.’’. ations’’ after ‘‘construction projects’’; and (ii) in subclause (II), by inserting ‘‘or chap- (1). SEC. 11011. HIGHWAY SAFETY IMPROVEMENT ‘‘(f) MINIMUM AMOUNT.—Notwithstanding PROGRAM. ter 53 of title 49’’ after ‘‘this title’’; (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 made available for a fiscal year under this (I) in the matter preceding clause (i), by in- (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- cent data available, as collected and imputed subsection (b) if the project were carried out ture communication equipment. in a nonattainment or maintenance area or’’ in accordance with the national ferry data- ‘‘(xxvi) Pedestrian hybrid beacons. base established under section 1801(e) of after ‘‘may use for any project that’’; and ‘‘(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 1456). the amount of funds reserved under para- motor vehicles, including medians and pedes- graph (1))’’; and ‘‘(B) ELIGIBILITY FOR FUNDING.—To be eligi- trian crossing islands. ble to receive funds under subsection (c), (ii) in subparagraph (B)(i), by striking ‘‘(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).’’; recent collection of data for the national (B) in paragraph (3), by inserting ‘‘, in a and manner consistent with the approach that ferry database under section 1801(e) of (B) by striking paragraph (10) and redesig- SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. was in effect on the day before the date of 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; State. shall modify’’; (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 submitted under paragraph (1)(B), the Sec- (A) in paragraph (2)(B), by striking ‘‘not (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 the Secretary determines necessary to cor- (B) in paragraph (3)— ‘‘subsection (a)(12)’’ and inserting ‘‘sub- (i) by striking ‘‘States and metropolitan’’ rect misreported or inconsistent data. section (a)(11)’’; and ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— and inserting the following: (4) in subsection (g)(1)— There is authorized to be appropriated out of ‘‘(A) IN GENERAL.—States and metropoli- (A) by striking ‘‘increases’’ and inserting the Highway Trust Fund (other than the tan’’; ‘‘does not decrease’’; and Mass Transit Account) to carry out this sec- (ii) by striking ‘‘are proven to reduce’’ and (B) by inserting ‘‘and exceeds the national tion $80,000,000 for each of fiscal years 2016 inserting ‘‘reduce directly emitted’’; and fatality rate on rural roads,’’ after ‘‘avail- through 2021. (iii) by adding at the end the following: able,’’. ‘‘(i) PERIOD OF AVAILABILITY.—Notwith- ‘‘(B) USE OF PRIORITY FUNDING.—To the standing section 118(b), funds made available SEC. 11012. DATA COLLECTION ON UNPAVED PUB- maximum extent practicable, PM2.5 priority to carry out this section shall remain avail- LIC ROADS. funding shall be used on the most cost-effec- able until expended. Section 148 of title 23, United States Code, tive projects and programs that are proven ‘‘(j) APPLICABILITY.—All provisions of this is amended by adding at the end the fol- to reduce directly emitted fine particulate chapter that are applicable to the National lowing: matter.’’; Highway System, other than provisions re- ‘‘(k) DATA COLLECTION ON UNPAVED PUBLIC (5) in subsection (k)— lating to apportionment formula and Federal ROADS.— (A) in paragraph (1)— share, shall apply to funds made available to ‘‘(1) IN GENERAL.—A State may elect not to (i) by striking ‘‘that has a nonattainment carry out this section, except as determined collect fundamental data elements for the or maintenance area’’ and inserting ‘‘that by the Secretary to be inconsistent with this model inventory of roadway elements on has 1 or more nonattainment or maintenance section.’’. public roads that are gravel roads or other- areas’’; (b) NATIONAL FERRY DATABASE.—Section wise unpaved if— (ii) by striking ‘‘a nonattainment or main- 1801(e)(4) of SAFETEA–LU (23 U.S.C. 129 ‘‘(A)(i) more than 45 percent of the public tenance area that are’’ and inserting ‘‘the note; 119 Stat. 1456) is amended by striking roads in the State are gravel roads or other- nonattainment or maintenance areas that subparagraph (D) and inserting the fol- wise unpaved; and are’’; lowing: ‘‘(ii) less than 10 percent of fatalities in the (iii) by striking ‘‘such area’’ both places it ‘‘(D) make available, from the amounts State occur on those unpaved public roads; appears and inserting ‘‘such areas’’; and made available for each fiscal year to carry or (iv) by striking ‘‘such fine particulate’’ and out chapter 63 of title 49, not more than ‘‘(B)(i) more than 70 percent of the public inserting ‘‘directly-emitted fine particu- $500,000 to maintain the database.’’. roads in the State are gravel roads or other- late’’; (c) CONFORMING AMENDMENTS.—Section wise unpaved; and (B) in paragraph (2), by striking ‘‘highway 129(c) of title 23, United States Code, is ‘‘(ii) less than 25 percent of fatalities in the construction’’ and inserting ‘‘transportation amended— State occur on those unpaved public roads. construction’’; and (1) in paragraph (2), in the first sentence, ‘‘(2) CALCULATION.—The percentages de- (C) by adding at the end the following: by inserting ‘‘, or on a public transit ferry el- scribed in paragraph (1) shall be based on the ‘‘(3) PM2.5 NONATTAINMENT AND MAINTE- igible under chapter 53 of title 49’’ after average for the 5 most recent years for which NANCE IN LOW POPULATION DENSITY STATES.— ‘‘Interstate System’’; relevant data is available. ‘‘(A) EXCEPTION.—In any State with a pop- (2) in paragraph (3)— ‘‘(3) USE OF FUNDS.—If a State elects not to ulation density of 80 or fewer persons per (A) by striking ‘‘(3) Such ferry’’ and insert- collect data on a road described in paragraph square mile of land area, based on the most ing ‘‘(3)(A) The ferry’’; and (1), the State shall not use funds provided to recent decennial census, the requirements (B) by adding at the end the following: carry out this section for a project on that under subsection (g)(3) and paragraphs (1)

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.044 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5226 CONGRESSIONAL RECORD — SENATE July 21, 2015 and (2) of this subsection shall not apply to (ii) by striking ‘‘paragraph (1)(A)(i)’’ both preceding paragraph (1) by striking ‘‘fiscal a nonattainment or maintenance area in the places it appears and inserting ‘‘paragraph years 2013 and 2014’’ and inserting ‘‘fiscal State if— (1)(A)’’; years 2013 through 2021’’. ‘‘(i) the nonattainment or maintenance (D) in paragraph (4)(B)— SEC. 11016. STATE FLEXIBILITY FOR NATIONAL area does not have projects that are part of (i) in clause (vi), by striking ‘‘and’’ at the HIGHWAY SYSTEM MODIFICATIONS. the emissions analysis of a metropolitan end; (a) NATIONAL HIGHWAY SYSTEM FLEXI- transportation plan or transportation im- (ii) by redesignating clause (vii) as clause BILITY.—Not later than 90 days after the date provement program; and (viii); and of enactment of this Act, the Secretary shall ‘‘(ii) regional motor vehicle emissions are (iii) by inserting after clause (vi) the fol- issue guidance relating to working with an insignificant contributor to the air qual- lowing: State departments of transportation that re- ity problem for PM2.5 in the nonattainment ‘‘(vii) a nonprofit entity responsible for the quest assistance from the division offices of or maintenance area. administration of local transportation safety the Federal Highway Administration— ‘‘(B) CALCULATION.—If subparagraph (A) ap- programs; and’’; and (1) to review roads classified as principal plies to a nonattainment or maintenance (E) in paragraph (5)— arterials in the State that were added to the area in a State, the percentage of the PM2.5 (i) by striking ‘‘For funds reserved’’ and in- National Highway System as of October 1, set-aside under paragraph (1) shall be re- serting the following: 2012, so as to comply with section 103 of title duced for that State proportionately based ‘‘(A) IN GENERAL.—For funds reserved’’; 23, United States Code; and on the weighted population of the area in (ii) by striking ‘‘paragraph (1)(A)(i)’’ and (2) to identify any necessary functional fine particulate matter nonattainment. inserting ‘‘paragraph (1)(A)’’; and classification changes to rural and urban principal arterials. ‘‘(4) PORT-RELATED EQUIPMENT AND VEHI- (iii) by adding at the end the following: (b) ADMINISTRATIVE ACTIONS.—The Sec- CLES.—To meet the requirements under para- ‘‘(B) NO RESTRICTION ON SUBALLOCATION.— retary shall direct the division offices of the graph (1), a State or metropolitan planning Nothing in this section prevents a metropoli- Federal Highway Administration to work organization may elect to obligate funds to tan planning organization from further sub- with the applicable State department of the most cost-effective projects to reduce allocating funds within the boundaries of the transportation that requests assistance emissions from port-related landside metropolitan planning area if a competitive under this section— nonroad or on-road equipment that is oper- process is implemented for the award of the (1) to assist in the review of roads in ac- ated within the boundaries of a PM2.5 non- suballocated funds.’’; and cordance with guidance issued under sub- attainment or maintenance area.’’; (3) by adding at the end the following: section (a); (6) in subsection (l)(1)(B), by inserting ‘‘air ‘‘(h) ANNUAL REPORTS.— (2) to expeditiously review and facilitate quality and traffic congestion’’ before ‘‘per- ‘‘(1) IN GENERAL.—Each State or metropoli- requests from States to reclassify roads clas- formance targets’’; and tan planning organization responsible for sified as principal arterials; and (7) in subsection (m), by striking ‘‘section carrying out the requirements of this section (3) in the case of a State that requests the 104(b)(2)’’ and inserting ‘‘section 104(b)(4)’’. shall submit to the Secretary an annual re- withdrawal of reclassified roads from the Na- port that describes— SEC. 11014. TRANSPORTATION ALTERNATIVES. tional Highway System under section ‘‘(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. each State receives an amount equal to the ‘‘(i) EXPEDITING INFRASTRUCTURE (d) REPORT TO CONGRESS.—Not later than 1 proportion that— PROJECTS.— year after the date of enactment of this Act, and annually thereafter, the Secretary shall ‘‘(A) the amount apportioned to the State ‘‘(1) IN GENERAL.—Not later than 1 year submit to the Committee on Environment for the transportation enhancements pro- after the date of enactment of this sub- and Public Works of the Senate and the gram for fiscal year 2009 under section section, the Secretary shall develop regula- Committee on Transportation and Infra- 133(d)(2), as in effect on the day before the tions or guidance relating to the implemen- tation of this section that encourages the structure of the House of Representatives a date of enactment of MAP–21 (Public Law report that includes a description of— 112–141; 126 Stat. 405); bears to use of the programmatic approaches to envi- ronmental reviews, expedited procurement (1) each request for reclassification of Na- ‘‘(B) the total amount of funds apportioned tional Highway System roads; to all States for that fiscal year for the techniques, and other best practices to fa- cilitate productive and timely expenditure (2) the status of each request; and transportation enhancements program for (3) if applicable, the justification for the fiscal year 2009.’’; for projects that are small, low-impact, and constructed within an existing built environ- denial by the Secretary of a request. (2) in subsection (c)— (e) MODIFICATIONS TO THE NATIONAL HIGH- ment. (A) in paragraph (1)— WAY SYSTEM.—Section 103(b)(3)(A) of title 23, ‘‘(2) STATE PROCESSES.—The Secretary (i) in the matter preceding subparagraph United States Code, is amended— shall work with State departments of trans- (A), by striking ‘‘Of the funds’’ and all that (1) in the matter preceding clause (i)— portation to ensure that any regulation or follows through ‘‘shall be obligated under (A) by striking ‘‘, including any modifica- guidance developed under paragraph (1) is this section’’ in subparagraph (A) and insert- tion consisting of a connector to a major ing ‘‘Funds reserved in a State under this consistently implemented by States and the intermodal terminal,’’; and section shall be obligated’’; Federal Highway Administration to avoid (B) by inserting ‘‘, including any modifica- (ii) by striking subparagraph (B); unnecessary delays in implementing projects tion consisting of a connector to a major (iii) by redesignating clauses (i) through and to ensure the effective use of Federal intermodal terminal or the withdrawal of a (iii) as subparagraphs (A) through (C), re- dollars.’’. road from that system,’’ after ‘‘the National spectively; (b) CONFORMING AMENDMENT.—Section Highway System’’; and (iv) in subparagraph (B) (as so redesig- 126(b) of title 23, United States Code, is (2) in clause (ii)— nated), by striking ‘‘greater than 5,000’’ and amended— (A) by striking ‘‘(ii) enhances’’ and insert- inserting ‘‘of 5,000 or more’’; and (1) by striking ‘‘SET-ASIDES.—’’ and all that ing ‘‘(ii)(I) enhances’’; (v) in subparagraph (C) (as so redesig- follows through ‘‘Funds that’’ in paragraph (B) by striking the period at the end and nated), by striking ‘‘; and’’ and inserting a (1) and inserting ‘‘SET-ASIDES.—Funds that’’; inserting ‘‘; or’’; and period; (2) by striking ‘‘sections 104(d) and 133(d)’’ (C) by adding at the end the following: (B) in paragraph (2), by striking ‘‘para- and inserting ‘‘sections 104(d), 133(d), and ‘‘(II) in the case of the withdrawal of a graph (1)(A)(i)’’ and inserting ‘‘paragraph 213(c)’’; and road, is reasonable and appropriate.’’. (3) by striking paragraph (2). (1)(A)’’; SEC. 11017. TOLL ROADS, BRIDGES, TUNNELS, (C) in paragraph (3)(A)— SEC. 11015. CONSOLIDATION OF PROGRAMS. AND FERRIES. (i) by striking ‘‘Except as provided in para- Section 1519(a) of MAP–21 (Public Law 112– Section 129(a) of title 23, United States graph (1)(B), the’’ and inserting ‘‘The’’; and 141; 126 Stat. 574) is amended in the matter Code, is amended—

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.044 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5227 (1) in paragraph (1)— (ii) by striking ‘‘notwithstanding section way system meeting criteria for the Inter- (A) in subparagraph (B)— 301 and, except as provided in paragraphs (2) state System’’ before the semicolon at the (i) by striking ‘‘(other than a highway on and (3)’’; end; and the Interstate System)’’; and (B) by striking paragraph (2); and (C) by adding at the end the following: (ii) by inserting ‘‘non-HOV’’ after ‘‘toll- (C) by redesignating paragraph (3) as para- ‘‘(E) An analysis showing how the State free’’ each place it appears; graph (2); plan for implementing tolls on the facility (B) by striking subparagraph (C); and (3) in subsection (d)(1), by striking sub- takes into account the interests and use of (C) by redesignating subparagraphs (D) paragraphs (D) and (E) and inserting the fol- local, regional, and interstate travelers. through (I) as subparagraphs (C) through (H), lowing: ‘‘(F) An explanation of how the State will respectively; ‘‘(D) MAINTENANCE OF OPERATING PERFORM- collect tolls using electronic toll collection, (2) by striking paragraph (4) and paragraph ANCE.— including at highway speeds, if practicable. (6); ‘‘(i) SUBMISSION OF PLAN.—Not later than ‘‘(G) A plan describing the proposed loca- (3) by redesignating paragraphs (5), (7), (8), 180 days after the date on which a facility is tion for the collection of tolls on the facility, (9), and (10) as paragraphs (4), (5), (6), (7), and degraded under paragraph (2), the State including any locations in proximity to a (9), respectively; agency with jurisdiction over the facility State border. (4) in paragraph (4)(B) (as so redesignated), shall submit to the Secretary for approval a ‘‘(H) Approved documentation that the by striking ‘‘the Federal-aid system’’ and in- plan that details the actions the State agen- project— serting ‘‘Federal-aid highways’’; and cy will take to bring the facility into com- ‘‘(i) has received a categorical exclusion, a (5) by inserting after paragraph (7) (as so pliance with the minimum average operating finding of no significant impact, or a record redesignated) the following: speed performance standard through changes of decision under the National Environ- ‘‘(8) EQUAL ACCESS FOR MOTORCOACHES.—A to operation of the facility, including— mental Policy Act of 1969 (42 U.S.C. 4321 et private motorcoach that serves the public ‘‘(I) increasing the occupancy requirement seq.); and shall be provided access to a toll facility for HOV lanes; ‘‘(ii) complies with the Uniform Relocation under the same rates, terms, and conditions ‘‘(II) varying the toll charged to vehicles Assistance and Real Property Acquisition as public transportation buses in the allowed under subsection (b) to reduce de- Policies Act of 1970 (42 U.S.C. 4601 et seq.).’’; State.’’. mand; (2) by striking paragraphs (4) and (6); ‘‘(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— ‘‘(iii) develops, manages, and maintains a sanctions under section 1.36 of title 23, Code ‘‘(I) to complete the application; or system that will automatically collect the of Federal Regulations (or successor regula- ‘‘(II) to meet the eligibility requirements toll; and tions), until the performance is no longer de- under paragraph (3). ‘‘(iv) establishes policies and procedures— graded, if— ‘‘(B) ADDITIONAL INFORMATION OR MATE- ‘‘(I) to manage the demand to use the facil- ‘‘(i) the State agency fails to submit an ap- RIALS.— ity by varying the toll amount that is proved action plan under subparagraph (D) ‘‘(i) IN GENERAL.—Not later than 60 days charged; to bring a degraded facility into compliance; after receipt of an application, the Secretary ‘‘(II) to enforce violations of the use of the or shall— facility; and ‘‘(ii) after the State submits and the Sec- ‘‘(I) identify any additional information or ‘‘(III) to ensure that private motorcoaches retary approves an action plan under sub- materials that are needed under subpara- that serve the public are provided access to paragraph (D), the Secretary determines graph (A)(ii); and the facility under the same rates, terms, and that, on a date that is not earlier than 1 year ‘‘(II) provide to the applicant written no- conditions, as public transportation buses in after the approval of the action plan, the tice specifying the details of the additional the State. State agency is not making significant required information or materials. ‘‘(B) EXEMPTION FROM TOLLS.—In levying a progress toward bringing the HOV facility ‘‘(ii) AMENDED APPLICATION.—Not later toll on a facility under subparagraph (A), a into compliance with the minimum average than 60 days after receipt of the additional State agency may— operating speed performance standard.’’; and information under clause (i), the Secretary ‘‘(i) designate classes of vehicles that are (4) in subsection (f)(1), in the matter pre- shall determine if the amended application is exempt from the toll; and ceding subparagraph (A), by inserting ‘‘sole- complete and meets all requirements under ‘‘(ii) charge different toll rates for dif- ly’’ before ‘‘operating’’. this subsection. ferent classes of vehicles.’’; SEC. 11019. INTERSTATE SYSTEM RECONSTRUC- ‘‘(C) TECHNICAL ASSISTANCE.—On the re- (B) in paragraph (5), by striking subpara- TION AND REHABILITATION PILOT quest of a State, the Secretary shall provide graph (A) and inserting the following: PROGRAM. technical assistance to facilitate the devel- ‘‘(A) INHERENTLY LOW EMISSION VEHICLE.—If Section 1216(b) of the Transportation Eq- opment of a complete application under this a State agency establishes procedures for en- uity Act for the 21st Century (Public Law paragraph that is likely to satisfy the eligi- forcing the restrictions on the use of a HOV 105–178; 112 Stat. 212) is amended— bility criteria under paragraph (3). facility by vehicles described in clauses (i) (1) in paragraph (3)— ‘‘(D) APPROVAL OF APPLICATION.—On writ- and (ii), the State agency may allow the use (A) in subparagraph (A), by striking ‘‘the ten notice by the Secretary that the applica- of the HOV facility by— age, condition, and intensity of use of the fa- tion is complete and meets all requirements ‘‘(i) alternative fuel vehicles; and cility’’ and inserting ‘‘an analysis dem- of this subsection, the project is considered ‘‘(ii) any motor vehicle described in section onstrating that the facility has a significant approved and shall be permitted to partici- 30D(d)(1) of the Internal Revenue Code of age, condition, or intensity of use to require pate in the program under this subsection. 1986.’’; expedited reconstruction or rehabilitation’’; ‘‘(E) LIMITATION ON APPROVED APPLICA- (2) in subsection (c)— (B) in subparagraph (D)(iii), by inserting ‘‘, TION.— (A) in paragraph (1)— and that demonstrates the capability of that ‘‘(i) IN GENERAL.—For an application re- (i) by striking ‘‘Tolls’’ and inserting ‘‘Not- agency to perform or oversee the building, ceived under this subsection on or after the withstanding section 301, tolls’’; and operation, and maintenance of a toll express- date of enactment of the DRIVE Act for the

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.044 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5228 CONGRESSIONAL RECORD — SENATE July 21, 2015 reconstruction or rehabilitation of a facility, gates or prohibitive signs or regulations, ‘‘(2) incorporate existing electric vehicle a State shall— other than for general traffic control or re- charging and natural gas fueling corridors ‘‘(I) not later than 1 year after the date on strictions based on size, weight, or class of designated by a State or group of States; and which the application is approved, issue a so- registration. ‘‘(3) consider the demand for, and location licitation for a contract to provide for the ‘‘(B) STANDARD PASSENGER VEHICLE.—The of, existing electric vehicle charging and reconstruction or rehabilitation of the facil- term ‘standard passenger vehicle’ means a natural gas fueling infrastructure. ity; and vehicle with 6 inches of clearance from the ‘‘(c) STAKEHOLDERS.—In designating cor- ‘‘(II) not later than 2 years after the date lowest point of the frame, body, suspension, ridors under subsection (a), the Secretary on which the application is approved, exe- or differential to the ground.’’. shall involve, on a voluntary basis, stake- cute a contract for the reconstruction or re- SEC. 11021. BRIDGES REQUIRING CLOSURE OR holders that include— habilitation of the facility. LOAD RESTRICTIONS. ‘‘(1) the heads of other Federal agencies; ‘‘(ii) PRIOR APPLICATIONS.—For an applica- Section 144(h) of title 23, United States ‘‘(2) State and local officials; tion that received a conditional provisional Code, is amended— ‘‘(3) representatives of— approval under this subsection before the (1) by redesignating paragraphs (6) and (7) ‘‘(A) energy utilities; date of enactment of the DRIVE Act, for the as paragraphs (7) and (8), respectively; ‘‘(B) the electric and natural gas vehicle reconstruction or rehabilitation of a facility, (2) by inserting after paragraph (5) the fol- industries; a State shall— lowing: ‘‘(C) the freight and shipping industry; ‘‘(I) not later than 1 year after the date of ‘‘(6) BRIDGES REQUIRING CLOSURE OR LOAD ‘‘(D) clean technology firms; enactment of the DRIVE Act, issue a solici- RESTRICTIONS.— ‘‘(E) the hospitality industry; tation for a contract to provide for the re- ‘‘(A) BRIDGES OWNED BY FEDERAL AGENCIES ‘‘(F) the restaurant industry; and construction or rehabilitation of the facility; OR TRIBAL GOVERNMENTS.—If a Federal agen- ‘‘(G) highway rest stop vendors; and and cy or tribal government fails to ensure that ‘‘(4) such other stakeholders as the Sec- ‘‘(II) not later than 2 years after the date any highway bridge that is open to public retary determines to be necessary. of enactment of the DRIVE Act, execute a travel and located in the jurisdiction of the ‘‘(d) REDESIGNATION.—Not later than 5 contract for the reconstruction or rehabilita- Federal agency or tribal government is prop- years after the date of establishment of the tion of the facility. erly closed or restricted to loads that the corridors under subsection (a), and every 5 ‘‘(iii) CANCELLATION OR EXTENSION.—If an bridge can carry safely, the Secretary— years thereafter, the Secretary shall update applicable deadline under clause (i) or (ii) is ‘‘(i) shall, on learning of the need to close and redesignate the corridors. not met, the Secretary shall— or restrict loads on the bridge, require the ‘‘(e) REPORT.—During designation and re- ‘‘(I) cancel the application approval; or Federal agency or tribal government to take designation of the corridors under this sec- ‘‘(II) grant an extension of not more than 1 action necessary— tion, the Secretary shall issue a report year for the applicable deadline, on the con- ‘‘(I) to close the bridge within 48 hours; or that— dition that— ‘‘(II) within 30 days, to restrict public trav- ‘‘(1) identifies electric vehicle charging and ‘‘(aa) there has been demonstrable progress el on the bridge to loads that the bridge can natural gas fueling infrastructure and stand- toward meeting the applicable requirements; carry safely; and ardization needs for electricity providers, and ‘‘(ii) may, if the Federal agency or tribal natural gas providers, infrastructure pro- ‘‘(bb) the requirements are likely to be met government fails to take action required viders, vehicle manufacturers, electricity within 1 year. under clause (i), withhold all funding author- purchasers, and natural gas purchasers; and ‘‘(6) LIMITATION ON THE USE OF NATIONAL ized under this title for the Federal agency ‘‘(2) establishes an aspirational goal of HIGHWAY PERFORMANCE PROGRAM FUNDS.— or tribal government.’’. achieving strategic deployment of electric During the term of the pilot program, funds ‘‘(B) OTHER BRIDGES.—If a State fails to en- vehicle charging and natural gas fueling in- apportioned for the national highway per- sure that any highway bridge, other than a frastructure in those corridors by the end of formance program under section 104(b)(1) of bridge described in subparagraph (A), that is fiscal year 2021.’’. title 23, United States Code, may not be used open to public travel and is located within (b) CONFORMING AMENDMENT.—The analysis for a facility for which tolls are being col- the boundaries of the State is properly of chapter 1 of title 23, United States Code, lected under the pilot program unless the closed or restricted to loads the bridge can is amended by striking the item relating to funds are used for a maintenance purpose, as carry safely, the Secretary— section 151 and inserting the following: defined in section 101(a) of title 23, United ‘‘(i) shall, on learning of the need to close States Code.’’; ‘‘151. National Electric Vehicle Charging and or restrict loads on the bridge, require the (6) by redesignating paragraphs (7) and (8) Natural Gas Fueling Cor- State to take action necessary— as paragraphs (8) and (9), respectively; ridors.’’. ‘‘(I) to close the bridge within 48 hours; or (7) by inserting after paragraph (6) the fol- SEC. 11023. ASSET MANAGEMENT. ‘‘(II) within 30 days, to restrict public trav- lowing: (a) Section 119 of title 23, United States el on the bridge to loads that the bridge can ‘‘(7) WITHDRAWAL.—A State may elect to Code, is amended— carry safely; and withdraw participation of the State in the (1) in subsection (f)(2)— ‘‘(ii) may, if the State fails to take action pilot program at any time.’’; and (A) in subparagraph (A), by striking required under clause (i), withhold approval (8) in paragraph (8) (as redesignated by ‘‘structurally deficient’’ and inserting ‘‘being for Federal-aid projects in that State.’’; and paragraph (6)), by inserting ‘‘after the date in poor condition’’; and (3) in paragraph (8) (as redesignated by of enactment of the DRIVE Act’’ after ‘‘10 (B) in subparagraph (B), by striking paragraph (1)), by striking ‘‘(6)’’ and insert- years’’. ‘‘structurally deficient’’ and inserting ‘‘being ing ‘‘(7)’’. SEC. 11020. EMERGENCY RELIEF FOR FEDERALLY in poor condition’’; and OWNED ROADS. SEC. 11022. NATIONAL ELECTRIC VEHICLE (2) by adding at the end the following: CHARGING AND NATURAL GAS FUEL- (a) ELIGIBILITY.—Section 125(d)(3) of title ‘‘(h) CRITICAL INFRASTRUCTURE.— ING CORRIDORS. 23, United States Code, is amended— ‘‘(1) DEFINITION OF CRITICAL INFRASTRUC- (a) IN GENERAL.—Chapter 1 of title 23, (1) in subparagraph (A), by striking ‘‘or’’ at TURE.—In this subsection, the term ‘critical United States Code, is amended by inserting the end; infrastructure’ means those facilities the in- after section 150 the following: (2) in subparagraph (B), by striking the pe- capacity or failure of which would have a de- riod at the end and inserting ‘‘; or’’; and ‘‘§ 151. National electric vehicle charging and bilitating impact on national or regional (3) by adding at the end the following: natural gas fueling corridors economic security, national or regional en- ‘‘(C) projects eligible for assistance under ‘‘(a) IN GENERAL.—Not later than 1 year ergy security, national or regional public this section located on tribal transportation after the date of enactment of the DRIVE health or safety, or any combination of those facilities, Federal lands transportation fa- Act, the Secretary shall designate national matters. cilities, or other federally owned roads that electric vehicle charging and natural gas ‘‘(2) DESIGNATION.—The asset management are open to public travel (as defined in sub- fueling corridors that identify the near- and plan of a State developed pursuant to sub- section (e)(1)).’’. long-term need for, and location of, electric section (e) may include a designation of a (b) DEFINITION.—Section 125(e) of title 23, vehicle charging infrastructure and natural critical infrastructure network of facilities United States Code, is amended by striking gas fueling infrastructure at strategic loca- from among those facilities in the State that paragraph (1) and inserting the following: tions along major national highways to im- are eligible under subsection (c). ‘‘(1) DEFINITIONS.—In this subsection: prove the mobility of passenger and commer- ‘‘(3) RISK REDUCTION.—A State may use ‘‘(A) OPEN TO PUBLIC TRAVEL.—The term cial vehicles that employ electric and nat- funds apportioned under this section for ‘open to public travel’ means, with respect to ural gas fueling technologies across the projects intended to reduce the risk of fail- a road, that, except during scheduled peri- United States. ure of facilities designated as being on the ods, extreme weather conditions, or emer- ‘‘(b) DESIGNATION OF CORRIDORS.—In desig- critical infrastructure network of the gencies, the road— nating the corridors under subsection (a), State.’’. ‘‘(i) is maintained; the Secretary shall— (b) Section 144 of title 23, United States ‘‘(ii) is open to the general public; and ‘‘(1) solicit nominations from State and Code, is amended— ‘‘(iii) can accommodate travel by a stand- local officials for facilities to be included in (1) in subsection (a)(1)(B), by striking ‘‘de- ard passenger vehicle, without restrictive the corridors; ficient’’; and

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.044 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5229 (2) in subsection (b)(5), by striking ‘‘each the Secretary shall consider the extent to (1) in subsection (a)(1)— structurally deficient bridge’’ and inserting which the project— (A) in subparagraph (B), by striking ‘‘oper- ‘‘each bridge in poor condition’’. (1) furthers the goals of the Department, ation’’ and inserting ‘‘capital, operations,’’; (c) Section 202(d) of title 23, United States including state of good repair, environ- and Code, is amended— mental sustainability, economic competi- (B) in subparagraph (D), by striking ‘‘sub- (1) in paragraph (1), by striking ‘‘defi- tiveness, quality of life, and safety; paragraph (A)(iv)’’ and inserting ‘‘subpara- cient’’; (2) improves the condition of critical graph (A)(iv)(I)’’; (2) in paragraph (2)(B), by striking ‘‘defi- multimodal transportation facilities; (2) in subsection (b)— cient’’; and (3) needs construction, reconstruction, or (A) in paragraph (1)(B)— (3) in paragraph (3)— rehabilitation; (i) in clause (iv), by striking ‘‘and’’ at the (A) in subparagraph (A), by striking the (4) is included in or eligible for inclusion in end; semicolon at the end and inserting ‘‘; and’’; the National Register of Historic Places; (ii) in clause (v), by striking the period at (B) in subparagraph (B), by striking ‘‘; (5) enhances environmental ecosystems; the end and inserting a semicolon; and and’’ at the end and inserting a period; and (6) uses new technologies and innovations (iii) by adding at the end the following: (C) by striking subparagraph (C). that enhance the efficiency of the project; ‘‘(vi) the Bureau of Reclamation; and SEC. 11024. TRIBAL TRANSPORTATION PROGRAM (7) is supported by funds, other than the ‘‘(vii) independent Federal agencies with AMENDMENT. funds received under the program, to con- natural resource and land management re- Section 202 of title 23, United States Code, struct, maintain, and operate the facility; sponsibilities.’’; and is amended— (8) spans 2 or more States; and (B) in paragraph (2)(B), in the matter pre- (1) in subsection (a)(6), by striking ‘‘6 per- (9) serves land owned by multiple Federal ceding clause (i), by inserting ‘‘performance cent’’ and inserting ‘‘5 percent’’; and agencies or Indian tribes. management, including’’ after ‘‘support’’; (2) in subsection (d)(2), in the matter pre- (g) FEDERAL SHARE.—The Federal share of and ceding subparagraph (A) by striking ‘‘2 per- the cost of a project shall be 95 percent. (3) in subsection (c)(2)(B), by adding at the cent’’ and inserting ‘‘3 percent’’. (h) AUTHORIZATION OF APPROPRIATIONS.— end the following: SEC. 11025. NATIONALLY SIGNIFICANT FEDERAL There is authorized to be appropriated to ‘‘(vi) The Bureau of Reclamation.’’. LANDS AND TRIBAL PROJECTS PRO- carry out this section $150,000,000 for each of SEC. 11028. INNOVATIVE PROJECT DELIVERY. GRAM. fiscal years 2016 through 2021, to remain Section 120(c)(3) of title 23, United States (a) PURPOSE.—The Secretary shall estab- available for a period of 3 fiscal years fol- Code, is amended— lish a nationally significant Federal lands lowing the fiscal year for which the amounts (1) in subparagraph (A)(ii)— were appropriated. and tribal projects program (referred to in (A) by inserting ‘‘engineering or design ap- this section as the ‘‘program’’) to provide SEC. 11026. FEDERAL LANDS PROGRAMMATIC AC- proaches,’’ after ‘‘technologies,’’; and TIVITIES. funding to construct, reconstruct, or reha- (B) by striking ‘‘or contracting’’ and in- Section 201(c) of title 23, United States bilitate nationally significant Federal lands serting ‘‘or contracting or project delivery’’; Code, is amended— and tribal transportation projects. and (1) in paragraph (6)(A)— (b) ELIGIBLE APPLICANTS.— (2) in subparagraph (B)(III), by inserting (A) by redesignating clauses (i) and (ii) as (1) IN GENERAL.—Except as provided in ‘‘and alternative bidding’’ before the semi- subclauses (I) and (II), respectively; paragraph (2), entities eligible to receive colon at the end. funds under sections 201, 202, 203, and 204 of (B) in the matter preceding subclause (I) (as so redesignated), by striking ‘‘The Secre- SEC. 11029. OBLIGATION AND RELEASE OF title 23, United States Code, may apply for FUNDS. taries’’ and inserting the following: funding under the program. Section 118(c)(2) of title 23, United States ‘‘(i) IN GENERAL.—The Secretaries’’; (2) SPECIAL RULE.—A State, county, or unit Code, is amended— (C) by inserting a period after ‘‘tribal of local government may only apply for fund- (1) in the matter preceding subparagraph transportation program’’; and ing under the program if sponsored by an eli- (A), by striking ‘‘Any funds’’ and inserting (D) by striking ‘‘in accordance with’’ and gible Federal land management agency or the following: Indian tribe. all that follows through ‘‘including—’’ and ‘‘(A) IN GENERAL.—Any funds’’; (c) ELIGIBLE PROJECTS.—An eligible project inserting the following: (2) by redesignating subparagraphs (A) and under the program shall be a single contin- ‘‘(ii) REQUIREMENT.—Data collected to im- (B) as clauses (i) and (ii), respectively, and uous project— plement the tribal transportation program indenting appropriately; and (1) on a Federal lands transportation facil- shall be in accordance with the Indian Self- (3) by adding at the end the following: ity, a Federal lands access transportation fa- Determination and Education Assistance Act (B) SAME CLASS OF FUNDS NO LONGER AU- cility, or a Tribal transportation facility (as (25 U.S.C. 450 et seq.). THORIZED.—If the same class of funds de- those terms are defined in section 101 of title ‘‘(iii) INCLUSIONS.—Data collected under scribed in subparagraph (A)(i) is no longer 23, United States Code), except that such fa- this paragraph includes—’’; and authorized in the most recent authorizing cility is not required to be included on an in- (2) by striking paragraph (7) and inserting law, the funds may be credited to a similar ventory described in sections 202 or 203 of the following— class of funds, as determined by the Sec- title 23, United States Code; ‘‘(7) COOPERATIVE RESEARCH AND TECH- retary.’’. NOLOGY DEPLOYMENT.—The Secretary may (2) for which completion of activities re- Subtitle B—Acceleration of Project Delivery quired under the National Environmental conduct cooperative research and technology Policy Act of 1969 (42 U.S.C. 4321 et seq.) has deployment in coordination with Federal SEC. 11101. CATEGORICAL EXCLUSION FOR land management agencies, as determined PROJECTS OF LIMITED FEDERAL AS- been demonstrated through— SISTANCE. (A) a record of decision with respect to the appropriate by the Secretary. Section 1317 of MAP-21 (23 U.S.C. 109 note; project; ‘‘(8) FUNDING.— Public Law 112–141) is amended— (B) a finding that the project has no sig- ‘‘(A) IN GENERAL.—To carry out the activi- (1) in the matter preceding paragraph (1), nificant impact; or ties described in this subsection for Federal by striking ‘‘Not later than’’ and inserting (C) a determination that the project is cat- lands transportation facilities, Federal lands the following: egorically excluded; and access transportation facilities, and other ‘‘(a) IN GENERAL.—Not later than’’; and (3) having an estimated cost, based on the federally owned roads open to public travel (2) by adding at the end the following: results of preliminary engineering, equal to (as that term is defined in section 125(e)), the ‘‘(b) INFLATIONARY ADJUSTMENT.—The dol- or exceeding $25,000,0000, with priority con- Secretary shall combine and use not greater lar amounts described in subsection (a) shall sideration given to projects with an esti- than 5 percent for each fiscal year of the be adjusted for inflation— mated cost equal to or exceeding $50,000,000. funds authorized for programs under sections ‘‘(1) effective October 1, 2015, to reflect (d) ELIGIBLE ACTIVITIES.— 203 and 204. changes since July 1, 2012, in the Consumer (1) IN GENERAL.—Subject to paragraph (2), ‘‘(B) OTHER ACTIVITIES.—In addition to the Price Index for All Urban Consumers pub- an eligible applicant receiving funds under activities described in subparagraph (A), lished by the Bureau of Labor Statistics of the program may only use the funds for con- funds described under that subparagraph the Department of Labor; and struction, reconstruction, and rehabilitation may be used for— ‘‘(2) effective October 1, 2016, and each suc- activities. ‘‘(i) bridge inspections on any federally ceeding October 1, to reflect changes for the (2) INELIGIBLE ACTIVITIES.—An eligible ap- owned bridge even if that bridge is not in- preceding 12-month period in the Consumer plicant may not use funds received under the cluded on the inventory described under sec- Price Index for All Urban Consumers pub- program for activities relating to project de- tion 203; and lished by the Bureau of Labor Statistics of sign. ‘‘(ii) transportation planning activities the Department of Labor.’’. (e) APPLICATIONS.—Eligible applicants carried out by Federal land management SEC. 11102. PROGRAMMATIC AGREEMENT TEM- shall submit to the Secretary an application agencies eligible for funding under this chap- PLATE. at such time, in such form, and containing ter.’’. (a) IN GENERAL.—Section 1318 of MAP–21 such information as the Secretary may re- SEC. 11027. FEDERAL LANDS TRANSPORTATION (23 U.S.C. 109 note; Public Law 112–141) is quire. PROGRAM. amended by adding at the end the following: (f) SELECTION CRITERIA.—In selecting a Section 203 of title 23, United States Code, ‘‘(e) PROGRAMMATIC AGREEMENT TEM- project to receive funds under the program, is amended— PLATE.—

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‘‘(1) IN GENERAL.—The Secretary shall de- ing or financing identified by the project ‘‘(II) the lead agency provided guidance to velop a template programmatic agreement sponsor, including discretionary grant, loan, the metropolitan planning organization or described in subsection (d) that provides for and loan guarantee programs administered State or local transportation agency, as ap- efficient and adequate procedures for evalu- by the Department.’’; plicable, regarding analysis of alternatives ating Federal actions described in section (2) in subsection (e)— in the metropolitan planning process or 771.117(c) of title 23, Code of Federal Regula- (A) in paragraph (1), by inserting ‘‘(includ- State environmental review process, includ- tions (as in effect on the date of enactment ing any additional information that the ing guidance on the requirements under the of this subsection). project sponsor considers to be important to National Environmental Policy Act of 1969 ‘‘(2) USE OF TEMPLATE.—The Secretary— initiate the process for the proposed (42 U.S.C. 4321 et seq.) and any other require- ‘‘(A) on receipt of a request from a State, project)’’ after ‘‘location of the proposed ments of Federal law necessary for approval shall use the template programmatic agree- project’’; and of the project; ment developed under paragraph (1) in car- (B) by adding at the end the following: ‘‘(III) the applicable metropolitan planning rying out this section; and ‘‘(3) REVIEW OF APPLICATION.—Not later process or State environmental review proc- ‘‘(B) on consent of the applicable State, than 45 days after the date on which an ap- ess included an opportunity for public review may modify the template as necessary to ad- plication is received by the Secretary under and comment; dress the unique needs and characteristics of this subsection, the Secretary shall provide ‘‘(IV) the applicable metropolitan planning the State. to the project sponsor a written response organization or State or local transportation ‘‘(3) OUTCOME MEASUREMENTS.—The Sec- that, as applicable— agency rejected the alternative after consid- retary shall establish a method to verify ‘‘(A) describes the determination of the ering public comments; that actions described in section 771.117(c) of Secretary— ‘‘(V) the Federal lead agency independ- title 23, Code of Federal Regulations (as in ‘‘(i) to initiate the environmental review ently reviewed the alternative evaluation effect on the date of enactment of this sub- process, including a timeline and an ex- approved by the applicable metropolitan section), are evaluated and documented in a pected date for the publication in the Fed- planning organization or State or local consistent manner by the State that uses the eral Register of the relevant notice of intent; transportation agency; and template programmatic agreement under or ‘‘(VI) the Federal lead agency has deter- this subsection.’’. ‘‘(ii) to decline the application, including mined— (b) CATEGORICAL EXCLUSION DETERMINA- an explanation of the reasons for that deci- ‘‘(aa) in consultation with Federal partici- TIONS.—Not later than 30 days after the date sion; or pating or cooperating agencies, that the al- of enactment of this Act, the Secretary shall ‘‘(B) requests additional information, and ternative to be eliminated from consider- revise section 771.117(g) of title 23, Code of provides to the project sponsor an account- ation is not necessary for compliance with Federal Regulations, to allow a pro- ing, regarding what is necessary to initiate the National Environmental Policy Act of grammatic agreement under this section to the environmental review process. 1969 (42 U.S.C. 4321 et seq.); or include responsibility for making categorical ‘‘(4) REQUEST TO DESIGNATE A LEAD AGEN- ‘‘(bb) with the concurrence of Federal exclusion determinations— CY.— agencies with jurisdiction over a permit or (1) for actions described in subsections (c) ‘‘(A) IN GENERAL.—Any project sponsor approval required for a project, that the al- and (d) of section 771.117 of title 23, Code of may submit a request to the Secretary to ternative to be eliminated from consider- Federal Regulations; and designate a specific operating administra- ation is not necessary for any permit or ap- tion or secretarial office within the Depart- (2) that meet the criteria for a categorical proval under any other Federal law.’’. ment of Transportation to serve as the Fed- exclusion under section 1508.4 of title 40, SEC. 11105. IMPROVING COLLABORATION FOR eral lead agency for a project. Code of Federal Regulations (as in effect on ACCELERATED DECISION MAKING. ‘‘(B) PROPOSED SCHEDULE.—A request under the date of enactment of this Act), and are (a) COORDINATION AND SCHEDULING.—Sec- subparagraph (A) may include a proposed identified in the programmatic agreement. tion 139(g)(1)(B)(i) of title 23, United States 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’’. (2) in subparagraph (B), by striking the pe- ‘‘(ii) REQUIREMENTS.—The response shall— (b) ISSUE IDENTIFICATION AND RESOLU- riod at the end and inserting ‘‘; and’’; and ‘‘(I) approve the request; TION.—Section 139(h) of title 23, United (3) by adding at the end the following: ‘‘(II) deny the request, with an explanation States Code, is amended— ‘‘(C) to consider and respond to comments of the reasons; or (1) in paragraph (4)(C), by striking ‘‘para- received from participating agencies on mat- ‘‘(III) require the submission of additional graph (5) and’’ and inserting ‘‘paragraph (5)’’; ters within the special expertise or jurisdic- information. (2) in paragraph (5)(A)(ii)(I), by inserting ‘‘, tion of the participating agencies.’’. ‘‘(iii) ADDITIONAL INFORMATION.—If addi- including modifications to the project sched- (b) PARTICIPATING AGENCY RESPONSIBIL- tional information is submitted in accord- ule’’ after ‘‘review process’’; and ITIES.—Section 139(d) of title 23, United ance with clause (ii)(III), the Secretary shall (3) in paragraph (6)(B), by striking clause States Code, is amended by adding at the end respond to that submission not later than 45 (ii) and inserting the following: the following: days after the date of receipt.’’; and ‘‘(ii) DESCRIPTION OF DATE.—The date re- ‘‘(8) PARTICIPATING AGENCY RESPONSIBIL- (3) in subsection (f)(4), by adding at the end ferred to in clause (i) is 1 of the following: ITIES.—An agency participating in the col- the following: ‘‘(I) The date that is 30 days after the date laborative environmental review process ‘‘(E) REDUCTION OF DUPLICATION.— for rendering a decision as described in the under this section shall— ‘‘(i) IN GENERAL.—In carrying out this project schedule established pursuant to sub- ‘‘(A) provide comments, responses, studies, paragraph, the lead agency shall reduce du- section (g)(1)(B). or methodologies on those areas within the plication, to the maximum extent prac- ‘‘(II) If no schedule exists, the later of— special expertise or jurisdiction of the Fed- ticable, between— ‘‘(aa) the date that is 180 days after the eral participating or cooperating agency; and ‘‘(I) the evaluation of alternatives under date on which an application for the permit, ‘‘(B) use the process to address any envi- the National Environmental Policy Act of license or approval is complete; or ronmental issues of concern to the partici- 1969 (42 U.S.C. 4321 et seq.); and ‘‘(bb) the date that is 180 days after the pating or cooperating agency.’’. ‘‘(II) the evaluation of alternatives in the date on which the Federal lead agency issues SEC. 11104. INITIATION OF ENVIRONMENTAL RE- metropolitan transportation planning proc- a decision on the project under the National VIEW PROCESS. ess under section 134 of title 23, United Environmental Policy Act of 1969 (42 U.S.C. Section 139 of title 23, United States Code, States Code, or an environmental review 4321 et seq.). is amended— process carried out under State law (referred ‘‘(III) A modified date consistent with sub- (1) in subsection (a), by striking paragraph to in this subparagraph as a ‘State environ- section (g)(1)(D).’’. (6) and inserting the following: mental review process’). SEC. 11106. ACCELERATED DECISIONMAKING IN ‘‘(6) PROJECT.— ‘‘(ii) CONSIDERATION OF ALTERNATIVES.— ENVIRONMENTAL REVIEWS. ‘‘(A) IN GENERAL.—The term ‘project’ The lead agency may eliminate from de- (a) IN GENERAL.—Section 139 of title 23, means any highway project, public transpor- tailed consideration an alternative proposed United States Code, is amended by adding at tation capital project, or multimodal project in an environmental impact statement re- the end the following: that, if implemented as proposed by the garding a project if, as determined by the ‘‘(n) ACCELERATED DECISIONMAKING IN ENVI- project sponsor, would require approval by lead agency— RONMENTAL REVIEWS.— any operating administration or secretarial ‘‘(I) the alternative was considered in a ‘‘(1) IN GENERAL.—In preparing a final envi- office within the Department. metropolitan planning process or a State en- ronmental impact statement under the Na- ‘‘(B) CONSIDERATIONS.—For purposes of this vironmental review process by a metropoli- tional Environmental Policy Act of 1969 (42 paragraph, the Secretary shall take into ac- tan planning organization or a State or local U.S.C. 4321 et seq.), if the lead agency modi- count, if known, any sources of Federal fund- transportation agency, as applicable; fies the statement in response to comments

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.045 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5231 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 appropriate, that the following conditions ‘‘(A) cite the sources, authorities, or rea- ‘‘(1) IN GENERAL.—Subject to subsection 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- ant to applicable Federal law. cumstances that would trigger agency re- the environmental review process of the ‘‘(2) The planning product was developed in appraisal or further response. project. consultation with appropriate Federal and ‘‘(2) INCORPORATION.—To the maximum ex- ‘‘(2) IDENTIFICATION.—If the Federal lead State resource agencies and Indian tribes. tent practicable, the lead agency shall expe- agency makes a determination to adopt and ‘‘(3) The planning process included broad ditiously develop a single document that use a planning product, the Federal lead multidisciplinary consideration of systems- consists of a final environmental impact agency shall identify the agencies that par- level or corridor-wide transportation needs statement and a record of decision, unless— ticipated in the development of the planning and potential effects, including effects on ‘‘(A) the final environmental impact state- products. the human and natural environment. ment makes substantial changes to the pro- ‘‘(3) PARTIAL ADOPTION OF PLANNING PROD- ‘‘(4) The planning process included public posed action that are relevant to environ- UCTS.—The Federal lead agency may— notice that the planning products produced mental or safety concerns; or ‘‘(A) adopt an entire planning product in the planning process may be adopted dur- ‘‘(B) there are significant new cir- under paragraph (1); or ing a subsequent environmental review proc- cumstances or information that— ‘‘(B) select portions of a planning project ess in accordance with this section. ‘‘(i) are relevant to environmental con- under paragraph (1) for adoption. ‘‘(5) During the environmental review proc- cerns; and ‘‘(4) TIMING.—A determination under para- ess, the lead agency has— ‘‘(ii) bear on the proposed action or the im- graph (1) with respect to the adoption of a ‘‘(A) made the planning documents avail- pacts of the proposed action.’’. planning product may— able for public review and comment; (b) REPEAL.—Section 1319 of MAP–21 (42 ‘‘(A) be made at the time the lead agencies ‘‘(B) provided notice of the intention of the U.S.C. 4332a) is repealed. decide the appropriate scope of environ- lead agency to adopt the planning product; SEC. 11107. IMPROVING TRANSPARENCY IN ENVI- mental review for the project; or and RONMENTAL REVIEWS. ‘‘(B) occur later in the environmental re- ‘‘(C) considered any resulting comments. Section 139 of title 23, United States Code view process, as appropriate. (as amended by section 11106(a)), is amended ‘‘(6) There is no significant new informa- ‘‘(c) APPLICABILITY.— tion or new circumstance that has a reason- by adding at the end the following: ‘‘(1) PLANNING DECISIONS.—The lead agency ‘‘(o) REVIEWS, APPROVALS, AND PERMITTING able likelihood of affecting the continued va- in the environmental review process may lidity or appropriateness of the planning PLATFORM.— adopt decisions from a planning product, in- ‘‘(1) IN GENERAL.—Not later than 2 years product. cluding— ‘‘(7) The planning product has a rational after the date of enactment of this sub- ‘‘(A) whether tolling, private financial as- section, the Secretary shall establish an on- basis and is based on reliable and reasonably sistance, or other special financial measures current data and reasonable and scientif- line platform and, in coordination with agen- are necessary to implement the project; cies described in paragraph (2), issue report- ically acceptable methodologies. ‘‘(B) a decision with respect to general ‘‘(8) The planning product is documented in ing standards to make publicly available the travel corridor or modal choice, including a status of reviews, approvals, and permits re- sufficient detail to support the decision or decision to implement corridor or subarea the results of the analysis and to meet re- quired for compliance with the National En- study recommendations to advance different vironmental Policy Act of 1969 (42 U.S.C. 4321 quirements for use of the information in the modal solutions as separate projects with environmental review process. et seq.) or other applicable Federal laws for independent utility; projects and activities requiring an environ- ‘‘(9) The planning product is appropriate ‘‘(C) the purpose and the need for the pro- for adoption and use in the environmental mental assessment or an environmental im- posed action; pact statement. review process for the project and is incor- ‘‘(D) preliminary screening of alternatives porated in accordance with the National En- ‘‘(2) FEDERAL AGENCY PARTICIPATION.—A and elimination of unreasonable alter- Federal agency of jurisdiction over a review, vironmental Policy Act of 1969 (42 U.S.C. 4321 natives; et seq.) and section 1502.21 of title 40, Code of approval, or permit described in paragraph ‘‘(E) a basic description of the environ- (1) shall provide status information in ac- Federal Regulations (as in effect on the date mental setting; of enactment of the DRIVE Act). cordance with the standards established by ‘‘(F) a decision with respect to methodolo- the Secretary under paragraph (1). ‘‘(e) EFFECT OF ADOPTION.—Any planning gies for analysis; and product adopted by the Federal lead agency ‘‘(3) STATE RESPONSIBILITIES.—A State that ‘‘(G) an identification of programmatic is assigned and assumes responsibilities in accordance with this section may be— level mitigation for potential impacts of ‘‘(1) incorporated directly into an environ- under section 326 or 327 shall provide applica- transportation projects, including— ble status information in accordance with mental review process document or other en- ‘‘(i) measures to avoid, minimize, and miti- vironmental document; and standards established by the Secretary under gate impacts at a regional or national scale; paragraph (1).’’. ‘‘(2) relied on and used by other Federal ‘‘(ii) investments in regional ecosystem agencies in carrying out reviews of the SEC. 11108. INTEGRATION OF PLANNING AND EN- and water resources; and project. VIRONMENTAL REVIEW. ‘‘(iii) a programmatic mitigation plan de- ‘‘(f) RULES OF CONSTRUCTION.— Section 168 of title 23, United States Code, veloped in accordance with section 169. ‘‘(1) IN GENERAL.—This section does not is amended to read as follows: ‘‘(2) PLANNING ANALYSES.—The lead agency make the environmental review process ap- ‘‘§ 168. Integration of planning and environ- in the environmental review process may plicable to the transportation planning proc- mental review adopt analyses from a planning product, in- ess conducted under this title and chapter 53 ‘‘(a) DEFINITIONS.—In this section, the fol- cluding— of title 49. lowing definitions apply: ‘‘(A) travel demands; ‘‘(2) TRANSPORTATION PLANNING ACTIVI- ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The ‘‘(B) regional development and growth; TIES.—Initiation of the environmental re- term ‘environmental review process’ means ‘‘(C) local land use, growth management, view process as a part of, or concurrently the process for preparing for a project an en- and development; with, transportation planning activities does vironmental impact statement, environ- ‘‘(D) population and employment; not subject transportation plans and pro- mental assessment, categorical exclusion, or ‘‘(E) natural and built environmental con- grams to the environmental review process. other document prepared under the National ditions; ‘‘(3) PLANNING PRODUCTS.—This section Environmental Policy Act of 1969 (42 U.S.C. ‘‘(F) environmental resources and environ- does not affect the use of planning products 4321 et seq.). mentally sensitive areas; in the environmental review process pursu- ‘‘(2) LEAD AGENCY.—The term ‘lead agency’ ‘‘(G) potential environmental effects, in- ant to other authorities under any other pro- has the meaning given the term in section cluding the identification of resources of vision of law or restrict the initiation of the 139(a). concern and potential indirect and cumu- environmental review process during plan- ‘‘(3) PLANNING PRODUCT.—The term ‘plan- lative effects on those resources; and ning.’’. ning product’ means a decision, analysis, ‘‘(H) mitigation needs for a proposed ac- SEC. 11109. USE OF PROGRAMMATIC MITIGATION study, or other documented information that tion, or for programmatic level mitigation, PLANS. is the result of an evaluation or decision- for potential effects that the Federal lead Section 169(f) of title 23, United States making process carried out by a metropoli- agency determines are most effectively ad- Code, is amended—

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.045 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5232 CONGRESSIONAL RECORD — SENATE July 21, 2015 (1) by striking ‘‘may use’’ and inserting paragraph (B), fails to take satisfactory cor- project to be covered by the categorical ex- ‘‘shall consider’’; and rective action, as determined by the Sec- clusion of the cooperating authority has (2) by inserting ‘‘or other Federal environ- retary.’’. independent utility; and mental law’’ before the period at the end. SEC. 11112. SURFACE TRANSPORTATION ‘‘(4) the lead authority determines that— SEC. 11110. ADOPTION OF DEPARTMENTAL ENVI- PROJECT DELIVERY PROGRAM. ‘‘(A) the proposed multimodal project does RONMENTAL DOCUMENTS. Section 327(j) of title 23, United States not individually or cumulatively have a sig- (a) IN GENERAL.—Title 49, United States Code, is amended by striking paragraph (1) nificant impact on the environment; and Code, is amended by inserting after section and inserting the following: ‘‘(B) extraordinary circumstances do not 306 the following: ‘‘(1) TERMINATION BY SECRETARY.—The Sec- exist that merit additional analysis and doc- ‘‘§ 307. Adoption of Departmental environ- retary may terminate the participation of umentation in an environmental impact mental documents any State in the program if— statement or environmental assessment re- ‘‘(A) the Secretary determines that the ‘‘(a) IN GENERAL.—An operating adminis- quired under the National Environmental State is not adequately carrying out the re- tration or secretarial office within the De- Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’; sponsibilities assigned to the State; partment may adopt any draft environ- and ‘‘(B) the Secretary provides to the State— mental impact statement, final environ- (4) by striking subsection (d) and inserting ‘‘(i) a notification of the determination of mental impact statement, environmental as- the following: noncompliance; sessment, or any other document issued ‘‘(d) COOPERATIVE AUTHORITY EXPERTISE.— ‘‘(ii) a period of not less than 120 days to 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.’’. ‘‘(iii) on request of the Governor of the ‘‘(1) without recirculating the document SEC. 11114. MODERNIZATION OF THE ENVIRON- State, a detailed description of each respon- MENTAL REVIEW PROCESS. (except that a final environmental impact sibility in need of corrective action regard- (a) IN GENERAL.—Not later than 180 days statement shall be recirculated prior to ing an inadequacy identified under subpara- after the date of enactment of this Act, the adoption); and graph (A); and Secretary shall examine ways to modernize, ‘‘(2) if the operating administration or sec- ‘‘(C) the State, after the notification and simplify, and improve the implementation of retarial office adopting the document cer- period provided under subparagraph (B), fails the National Environmental Policy Act of tifies that the project is substantially the to take satisfactory corrective action, as de- 1969 (42 U.S.C. 4231 et seq.) by the Depart- same as the project reviewed under the docu- termined by the Secretary.’’. ment to be adopted. ment. SEC. 11113. CATEGORICAL EXCLUSIONS FOR OOPERATING GENCY NCLUSIONS ‘‘(b) C A .—An adopting MULTIMODAL PROJECTS. (b) I .—In carrying out subsection operating administration or secretarial of- (a), the Secretary shall consider— (a) MULTIMODAL PROJECT DEFINED.—Sec- fice that was a cooperating agency and cer- tion 139(a) of title 23, United States Code, is (1) the use of technology in the process, tifies that the project is substantially the amended by striking paragraph (5) and in- such as— same as the project reviewed under the docu- serting the following: (A) searchable databases; ment to be adopted and that its comments ‘‘(5) MULTIMODAL PROJECT.—The term (B) geographic information system map- and suggestions have been addressed may ‘multimodal project’ means a project that ping tools; adopt a document described in subsection (a) requires approval by more than 1 Depart- (C) integration of those tools with fiscal without recirculating the document.’’. ment of Transportation operating adminis- management systems to provide more de- (b) CONFORMING AMENDMENT.—The analysis tration or secretarial office.’’. tailed data; and for chapter 3 of title 49, United States Code, (b) APPLICATION OF CATEGORICAL EXCLU- (D) other innovative technologies; is amended by striking the item relating to SIONS FOR MULTIMODAL PROJECTS.—Section (2) ways to prioritize use of programmatic section 307 and inserting the following: 304 of title 49, United States Code, is amend- environmental impact statements; ‘‘Sec. 307. Adoption of Departmental envi- ed— (3) methods to encourage cooperating agen- ronmental documents.’’. (1) in subsection (a)— cies to present analyses in a concise format; SEC. 11111. TECHNICAL ASSISTANCE FOR STATES. (A) in paragraph (1), by striking ‘‘operating and Section 326 of title 23, United States Code, authority that is not the lead authority with (4) any other improvements that can be is amended— respect to a project’’ and inserting ‘‘oper- made to modernize process implementation. (1) in subsection (c)— ating administration or secretarial office (c) REPORT.—Not later than 1 year after (A) by redesignating paragraphs (2) that has expertise but is not the lead author- the date of enactment of this Act, the Sec- through (4) as paragraphs (3) through (5), re- ity with respect to a proposed multimodal retary shall submit to the Committee on En- spectively; and project’’; and vironment and Public Works of the Senate (B) by inserting after paragraph (1) the fol- (B) by striking paragraph (2) and inserting and the Committee on Transportation and lowing: the following: Infrastructure of the House of Representa- ‘‘(2) ASSISTANCE TO STATES.—On request of ‘‘(2) LEAD AUTHORITY.—The term ‘lead au- tives a report describing the results of the a Governor of a State, the Secretary shall thority’ means a Department of Transpor- review carried out under subsection (a). provide to the State technical assistance, tation operating administration or secre- SEC. 11115. SERVICE CLUB, CHARITABLE ASSO- training, or other support relating to— tarial office that has the lead responsibility CIATION, OR RELIGIOUS SERVICE ‘‘(A) assuming responsibility under sub- for compliance with the National Environ- SIGNS. section (a); mental Policy Act of 1969 (42 U.S.C. 4321 et Notwithstanding section 131 of title 23, ‘‘(B) developing a memorandum of under- seq.) for a proposed multimodal project.’’; United States Code, and part 750 of title 23, standing under this subsection; or (2) in subsection (b), by striking ‘‘under Code of Federal Regulations (or successor ‘‘(C) addressing a responsibility in need of this title’’ and inserting ‘‘by the Secretary of regulations), a State may allow the mainte- corrective action under subsection Transportation’’; nance of a sign of a service club, charitable (d)(1)(B).’’; and (3) in subsection (c)— association, or religious service that was (2) in subsection (d), by striking paragraph (A) in the matter preceding paragraph (1)— erected as of the date of enactment of this (1) and inserting the following: (i) by striking ‘‘a categorical exclusion Act, the area of which is less than or equal ‘‘(1) TERMINATION BY SECRETARY.—The Sec- designated under the implementing regula- to 32 square feet, if the State notifies the retary may terminate the participation of tions or’’ and inserting ‘‘a categorical exclu- Federal Highway Administration. any State in the program, if— sion designated under the National Environ- SEC. 11116. SATISFACTION OF REQUIREMENTS ‘‘(A) the Secretary determines that the mental Policy Act of 1969 (42 U.S.C. 4321 et FOR CERTAIN HISTORIC SITES. State is not adequately carrying out the re- seq.) implementing regulations or’’; and (a) HIGHWAYS.—Section 138 of title 23, sponsibilities assigned to the State; (ii) by striking ‘‘other components of the’’ United States Code, is amended by adding at ‘‘(B) the Secretary provides to the State— and inserting ‘‘a proposed multimodal’’; and the end the following: ‘‘(i) a notification of the determination of (B) by striking paragraphs (1) through (5) ‘‘(c) SATISFACTION OF REQUIREMENTS FOR noncompliance; and inserting the following: CERTAIN HISTORIC SITES.— ‘‘(ii) a period of not less than 120 days to ‘‘(1) the lead authority makes a determina- ‘‘(1) IN GENERAL.—The Secretary shall— take such corrective action as the Secretary tion, in consultation with the cooperating ‘‘(A) align, to the maximum extent prac- determines to be necessary to comply with authority, on the applicability of a categor- ticable, with the requirements of the Na- the applicable agreement; and ical exclusion to a proposed multimodal tional Environmental Policy Act of 1969 (42 ‘‘(iii) on request of the Governor of the project; U.S.C. 4231 et seq.) and section 306108 of title State, a detailed description of each respon- ‘‘(2) the cooperating authority does not ob- 54, including implementing regulations; and sibility in need of corrective action regard- ject to the determination of the lead author- ‘‘(B) not later than 90 days after the date of ing an inadequacy identified under subpara- ity of the applicability of a categorical ex- enactment of this subsection, coordinate graph (A); and clusion; with the Secretary of the Interior and the ‘‘(C) the State, after the notification and ‘‘(3) the lead authority determines that the Executive Director of the Advisory Council period described in clauses (i) and (ii) of sub- component of the proposed multimodal on Historic Preservation (referred to in this

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.045 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5233 subsection as the ‘Council’) to establish pro- cedures to satisfy the requirements described United States Code, shall be exempt from cedures to satisfy the requirements described in subparagraph (A) (including regulations). consideration under this section.’’. in subparagraph (A) (including regulations). ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— SEC. 11118. ELIMINATION OF BARRIERS TO IM- ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— ‘‘(A) IN GENERAL.—If, in an analysis re- PROVE AT-RISK BRIDGES. ‘‘(A) IN GENERAL.—If, in an analysis re- quired under the National Environmental (a) TEMPORARY AUTHORIZATION.— quired under the National Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the (1) IN GENERAL.—Until the Secretary of the Policy Act of 1969 (42 U.S.C. 4231 et seq.), the Secretary determines that there is no fea- Interior takes the action described in sub- Secretary determines that there is no fea- sible or prudent alternative to avoid use of section (b), the take of nesting swallows to sible or prudent alternative to avoid use of an historic site, the Secretary may— facilitate a construction project on a bridge an historic site, the Secretary may— ‘‘(i) include the determination of the Sec- eligible for funding under title 23, United ‘‘(i) include the determination of the Sec- retary in the analysis required under that States Code, with any component condition retary in the analysis required under that Act; rating of 3 or less (as defined by the National Act; ‘‘(ii) provide a notice of the determination Bridge Inventory General Condition Guid- ‘‘(ii) provide a notice of the determination to— ance issued by the Federal Highway Admin- to— ‘‘(I) each applicable State historic preser- istration) is authorized under the Migratory ‘‘(I) each applicable State historic preser- vation officer and tribal historic preserva- Bird Treaty Act (16 U.S.C. 703 et seq.) be- vation officer and tribal historic preserva- tion officer; tween April 1 and August 31. tion officer; ‘‘(II) the Council, if the Council is partici- (2) MEASURES TO MINIMIZE IMPACTS.— ‘‘(II) the Council, if the Council is partici- pating in the consultation process under sec- (A) NOTIFICATION BEFORE TAKING.—Prior to pating in the consultation process under sec- tion 306108 of title 54; and the taking of nesting swallows authorized tion 306108 of title 54; and ‘‘(III) the Secretary of the Interior; and under paragraph (1), any person taking that ‘‘(III) the Secretary of the Interior; and ‘‘(iii) request from the applicable preserva- action shall submit to the Secretary of the ‘‘(iii) request from the applicable preserva- tion officer, the Council, and the Secretary Interior a document that contains— tion officer, the Council, and the Secretary of the Interior a concurrence that the deter- (i) the name of the person acting under the of the Interior a concurrence that the deter- mination is sufficient to satisfy the require- authority of paragraph (1) to take nesting mination is sufficient to satisfy the require- ment of subsection (c)(1). swallows; ment of subsection (a)(1). ‘‘(B) CONCURRENCE.—If the applicable pres- (ii) a list of practicable measures that will ‘‘(B) CONCURRENCE.—If the applicable pres- ervation officer, the Council, and the Sec- be undertaken to minimize or mitigate sig- ervation officer, the Council, and the Sec- retary of the Interior each provide a concur- nificant adverse impacts on the population retary of the Interior each provide a concur- rence requested under subparagraph (A)(iii), of that species; rence requested under subparagraph (A)(iii), no further analysis under subsection (a)(1) (iii) the time period during which activi- no further analysis under subsection (a)(1) shall be required. ties will be carried out that will result in the shall be required. ‘‘(C) PUBLICATION.—A notice of a deter- taking of that species; and ‘‘(C) PUBLICATION.—A notice of a deter- mination, together with each relevant con- (iv) an estimate of the number of birds, by mination, together with each relevant con- currence to that determination, under sub- species, to be taken in the proposed action. currence to that determination, under sub- paragraph (A) shall be— (B) NOTIFICATION AFTER TAKING.—Not later paragraph (A) shall be— ‘‘(i) included in the record of decision or than 60 days after the taking of nesting swal- ‘‘(i) included in the record of decision or finding of no significant impact of the Sec- lows authorized under paragraph (1), any per- finding of no significant impact of the Sec- retary; and son taking that action shall submit to the retary; and ‘‘(ii) posted on an appropriate Federal Secretary of the Interior a document that ‘‘(ii) posted on an appropriate Federal website by not later than 3 days after the contains the number of birds, by species, website by not later than 3 days after the date of receipt by the Secretary of all con- taken in the action. date of receipt by the Secretary of all con- currences requested under subparagraph (b) AUTHORIZATION OF TAKE.— currences requested under subparagraph (A)(iii). (1) IN GENERAL.—The Secretary of the Inte- (A)(iii). ‘‘(3) ALIGNING HISTORICAL REVIEWS.— rior, in consultation with the Secretary, ‘‘(3) ALIGNING HISTORICAL REVIEWS.— ‘‘(A) IN GENERAL.—If the Secretary, the ap- shall promulgate a regulation under the au- ‘‘(A) IN GENERAL.—If the Secretary, the ap- plicable preservation officer, the Council, thority of section 3 of the Migratory Bird plicable preservation officer, the Council, and the Secretary of the Interior concur that Treaty Act (16 U.S.C. 704) authorizing the and the Secretary of the Interior concur that no feasible and prudent alternative exists as take of nesting swallows to facilitate bridge no feasible and prudent alternative exists as described in paragraph (2), the Secretary repair, maintenance, or construction— described in paragraph (2), the Secretary may provide to the applicable preservation (A) without individual permit require- may provide to the applicable preservation officer, the Council, and the Secretary of the ments; and officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary (B) under terms and conditions determined Interior notice of the intent of the Secretary to satisfy the requirements of subsection to be consistent with treaties relating to mi- to satisfy the requirements of subsection (c)(2) through the consultation requirements gratory birds that protect swallow species (a)(2) through the consultation requirements of section 306108 of title 54. occurring in the United States. of section 306108 of title 54. ‘‘(B) SATISFACTION OF CONDITIONS.—To sat- (2) TERMINATION.—On the effective date of ‘‘(B) SATISFACTION OF CONDITIONS.—To sat- isfy the requirements of subsection (c)(2), a final rule under this subsection by the Sec- isfy the requirements of subsection (a)(2), the applicable preservation officer, the Coun- retary of the Interior, subsection (a) shall each individual described in paragraph cil, and the Secretary of the Interior shall have no force or effect. (2)(A)(ii) shall concur in the treatment of the concur in the treatment of the applicable (c) SUSPENSION OR WITHDRAWAL OF TAKE applicable historic site described in the historic site described in the memorandum AUTHORIZATION.—If the Secretary of the In- memorandum of agreement or programmatic of agreement or programmatic agreement terior, in consultation with the Secretary, agreement developed under section 306108 of developed under section 306108 of title 54.’’. determines that taking of nesting swallows title 54.’’. SEC. 11117. BRIDGE EXEMPTION FROM CONSID- carried out under the authority provided in (b) PUBLIC TRANSPORTATION.—Section 303 ERATION UNDER CERTAIN PROVI- subsection (a)(1) is having a significant ad- of title 49, United States Code, is amended— SIONS. verse impact on swallow populations, the (1) in subsection (c), in the matter pre- (a) PRESERVATION OF PARKLANDS.—Section Secretary of the Interior may suspend that ceding paragraph (1), by striking ‘‘subsection 138 of title 23, United States Code, as amend- authority through publication in the Federal (d)’’ and inserting ‘‘subsections (d) and (e)’’; ed by section 11116, is amended by adding at Register. and the end the following: ‘‘(d) BRIDGE EXEMPTION FROM CONSIDER- SEC. 11119. AT-RISK PROJECT PREAGREEMENT (2) by adding at the end the following: AUTHORITY. ATION.—A common post-1945 concrete or ‘‘(e) SATISFACTION OF REQUIREMENTS FOR steel bridge or culvert (as described in 77 (a) DEFINITION OF PRELIMINARY ENGINEER- CERTAIN HISTORIC SITES.— Fed. Reg. 68790) that is exempt from indi- ING.—In this section, the term ‘‘preliminary ‘‘(1) IN GENERAL.—The Secretary shall— vidual review under section 306108 of title 54, engineering’’ means allowable ‘‘(A) align, to the maximum extent prac- United States Code, shall be exempt from preconstruction project development and en- ticable, the requirements of this section with consideration under this section.’’. gineering costs. the requirements of the National Environ- (b) POLICY ON LANDS, WILDLIFE AND WATER- (b) AT-RISK PROJECT PREAGREEMENT AU- mental Policy Act of 1969 (42 U.S.C. 4231 et FOWL REFUGES, AND HISTORIC SITES.—Section THORITY.—A recipient or subrecipient of Fed- seq.) and section 306108 of title 54, including 303 of title 49, United States Code, as amend- eral-aid funds under title 23, United States implementing regulations; and ed by section 11116, is amended by adding at Code, may— ‘‘(B) not later than 90 days after the date of the end the following: (1) incur preliminary engineering costs for enactment of this subsection, coordinate ‘‘(f) BRIDGE EXEMPTION FROM CONSIDER- an eligible project under title 23, United with the Secretary of the Interior and the ATION.—A common post-1945 concrete or States Code, before receiving project author- Executive Director of the Advisory Council steel bridge or culvert (as described in 77 ization from the State, in the case of a sub- on Historic Preservation (referred to in this Fed. Reg. 68790) that is exempt from indi- recipient, and the Secretary to proceed with subsection as the ‘Council’) to establish pro- vidual review under section 306108 of title 54, the project; and

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.045 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5234 CONGRESSIONAL RECORD — SENATE July 21, 2015 (2) request reimbursement of applicable Works of the Senate and the Committee on ‘‘(A) in the case of the Washoe County Cor- Federal funds after the project authorization Transportation and Infrastructure of the ridor, along Interstate Route 580/United is received. House of Representatives a report that de- States Route 95/United States Route 95A, (c) ELIGIBILITY.—The Secretary may reim- scribes the most efficient and equitable from Reno, Nevada, to Las Vegas, Nevada; burse preliminary engineering costs incurred means of taxing motor vehicle fuels not sub- and by a recipient or subrecipient under sub- ject to a Federal tax as of the date of sub- ‘‘(B) in the case of the Intermountain West section (b)— mission of the report. Corridor, from the vicinity of Las Vegas ex- (1) if the costs meet all applicable require- (2) REQUIREMENT.—The means described in tending north along United States Route 95, ments under title 23, United States Code, at the report under paragraph (1) shall parallel, terminating at Interstate Route 80.’’; and the time the costs are incurred and the Sec- as closely as practicable, the structure of (C) by adding at the end the following: retary concurs that the requirements have other Federal taxes on motor fuels. ‘‘(81) United States Route 117/Interstate been met; SEC. 11202. JUSTIFICATION REPORTS FOR AC- Route 795 from United States Route 70 in (2) in the case of a project located within a CESS POINTS ON THE INTERSTATE Goldsboro, Wayne County, North Carolina, designated nonattainment or maintenance SYSTEM. to Interstate Route 40 west of Faison, Samp- area for air quality, if the conformity re- Section 111(e) of title 23, United States son County, North Carolina. quirements of the Clean Air Act (42 U.S.C. Code, is amended by inserting ‘‘(including ‘‘(82) United States Route 70 from its inter- 7401 et seq.) have been met; and new or modified freeway-to-crossroad inter- section with Interstate Route 40 in Garner, (3) if the costs would have been allowable if changes inside a transportation management Wake County, North Carolina, to the Port at area)’’ after ‘‘the Interstate System’’. incurred after the date of the project author- Morehead City, Carteret County, North ization by the Department. SEC. 11203. EXEMPTIONS. Carolina.’’; (d) AT-RISK.—A recipient or subrecipient Section 127 of title 23, United States Code, (2) in subsection (e)(5)— that elects to use the authority provided is amended by adding at the end the fol- (A) in subparagraph (A) (109 Stat. 597; 118 lowing: under this section shall— Stat. 293; 119 Stat. 1213), in the first sen- ‘‘(m) NATURAL GAS VEHICLES.—A vehicle, if (1) assume all risk for preliminary engi- operated by an engine fueled primarily by tence— neering costs incurred prior to project au- natural gas, may exceed any vehicle weight (i) by inserting ‘‘subsection (c)(13),’’ after thorization; and limit (up to a maximum gross vehicle weight ‘‘subsection (c)(9),’’; (2) be responsible for ensuring and dem- of 82,000 pounds) under this section by an (ii) by striking ‘‘subsections (c)(18)’’ and all onstrating to the Secretary that all applica- amount that is equal to the difference be- that follows through ‘‘(c)(36)’’ and inserting ble cost eligibility conditions are met after tween— ‘‘subsection (c)(18), subsection (c)(20), sub- the authorization is received. ‘‘(1) the weight of the vehicle attributable paragraphs (A) and (B)(i) of subsection (e) RESTRICTIONS.—Nothing in this sec- to the natural gas tank and fueling system (c)(26), subsection (c)(36)’’ ; and tion— carried by that vehicle; and (iii) by striking ‘‘and subsection (c)(57)’’ (1) allows a recipient or subrecipient to use ‘‘(2) the weight of a comparable diesel tank and inserting ‘‘subsection (c)(57), subsection the authority under this section to advance and fueling system. (c)(68)(B), subsection (c)(81), and subsection a project beyond preliminary engineering ‘‘(n) EMERGENCY VEHICLES.— (c)(82)’’; and prior to the completion of the environmental ‘‘(1) DEFINITION OF EMERGENCY VEHICLE.—In (B) in subparagraph (C)(i) (109 Stat. 598; 126 review process; this subsection, the term ‘emergency vehi- Stat. 427), by striking the last sentence and (2) waives the applicability of Federal re- cle’ means a vehicle designed to be used inserting ‘‘The routes referred to in subpara- quirements to a project other than the reim- under emergency conditions— graphs (A) and (B)(i) of subsection (c)(26) and bursement of preliminary engineering costs ‘‘(A) to transport personnel and equipment; in subsection (c)(68)(B) are designated as incurred prior to an authorization to proceed and Interstate Route I–11.’’. in accordance with this section; or ‘‘(B) to support the suppression of fires and SEC. 11205. REPEAT INTOXICATED DRIVER LAW. (3) guarantees Federal funding of the mitigation of other hazardous situations. Section 164(a)(4) of title 23, United States project or the eligibility of the project for ‘‘(2) EMERGENCY VEHICLE WEIGHT LIMIT.— Code, is amended in the matter preceding future Federal-aid highway funding. Notwithstanding subsection (a), a State shall subparagraph (A) by inserting ‘‘or combina- Subtitle C—Miscellaneous not enforce against an emergency vehicle a tion of laws’’ after ‘‘means a State law’’. SEC. 11201. CREDITS FOR UNTAXED TRANSPOR- vehicle weight limit (up to a maximum gross SEC. 11206. VEHICLE-TO-INFRASTRUCTURE TATION FUELS. vehicle weight of 86,000 pounds) of less than— EQUIPMENT. (a) DEFINITION OF QUALIFIED REVENUES.—In ‘‘(A) 24,000 pounds on a single steering axle; (a) NATIONAL HIGHWAY PERFORMANCE PRO- this section, the term ‘‘qualified revenues’’ ‘‘(B) 33,500 pounds on a single drive axle; GRAM.—Section 119(d)(2)(L) of title 23, United means any amounts— ‘‘(C) 62,000 pounds on a tandem axle; or States Code, is amended by inserting ‘‘, in- (1) collected by a State— ‘‘(D) 52,000 pounds on a tandem rear drive cluding the installation of interoperable ve- (A) for the registration of a vehicle that steer axle. hicle-to-infrastructure communication ‘‘(o) OPERATION OF CERTAIN SPECIALIZED operates solely on a fuel that is not subject equipment’’ after ‘‘capital improvements’’. VEHICLES ON CERTAIN HIGHWAYS IN THE STATE to a Federal tax; and (b) SURFACE TRANSPORTATION PROGRAM.— OF ARKANSAS.—If any segment of United Section 133(b)(16) of title 23, United States (B) not sooner than the second registration States Route 63 between the exits for high- period following the purchase of the vehicle; Code, by inserting ‘‘, including the installa- ways 14 and 75 in the State of Arkansas is tion of interoperable vehicle-to-infrastruc- and designated as part of the Interstate Sys- ture communication equipment’’ after ‘‘cap- (2) that do not exceed, for a vehicle de- tem— ital improvements’’. scribed in paragraph (1), an annual amount ‘‘(1) a vehicle that could legally operate on determined by the Secretary to be equal to the segment before the date of the designa- SEC. 11207. RELINQUISHMENT. the annual amount paid for Federal motor tion at the posted speed limit may continue A State transportation agency may relin- fuels taxes on the fuel used by an average to operate on that segment; and quish park-and-ride lot facilities or portions passenger car fueled solely by gasoline. ‘‘(2) a vehicle that can only travel below of park-and-ride lot facilities to a local gov- (b) CREDIT.— the posted speed limit on the segment that ernment agency for highway purposes if au- (1) IN GENERAL.—Subject to paragraph (2), could otherwise legally operate on the seg- thorized to do so under State law. if a State contributes qualified revenues to ment before the date of the designation may SEC. 11208. TRANSFER AND SALE OF TOLL CRED- cover not less than 5 percent of the total continue to operate on that segment during ITS. cost of a project eligible for assistance under daylight hours.’’. (a) DEFINITIONS.—In this section, the fol- this title, the Federal share payable for the SEC. 11204. HIGH PRIORITY CORRIDORS ON THE lowing definitions apply: project under this section may be increased NATIONAL HIGHWAY SYSTEM. (1) ELIGIBLE STATE.—The term ‘‘eligible by an amount that is— Section 1105 of the Intermodal Surface State’’ means a State that— (A) equal to the percent of the total cost of Transportation Efficiency Act of 1991 (105 (A) is eligible to use a credit under section the project from contributed qualified reve- Stat. 2031) is amended— 120(i) of title 23, United States Code; and nues; but (1) in subsection (c) (105 Stat. 2032; 119 Stat. (B) has been selected by the Secretary (B) not more than 5 percent of the total 1213)— under subsection (d)(2). cost of the project. (A) by striking paragraph (13) and insert- (2) RECIPIENT STATE.—The term ‘‘recipient (2) EXPIRATION.—The authorization of an ing the following: State’’ means a State that receives a credit increased Federal share for a project pursu- ‘‘(13) Raleigh-Norfolk Corridor from Ra- by transfer or by sale under this section ant to paragraph (1) expires on September 30, leigh, North Carolina, through Rocky from an eligible State. 2023. Mount, Williamston and Elizabeth City, (b) ESTABLISHMENT OF PILOT PROGRAM.— (c) STUDY.— North Carolina, to Norfolk, Virginia.’’; Not later than 1 year after the date of the es- (1) IN GENERAL.—Before the expiration date (B) by striking paragraph (68) and inserting tablishment of a nationwide toll credit mon- of the credit under subsection (b)(2), the Sec- the following: itoring and tracking system under sub- retary, in coordination with other appro- ‘‘(68) The Washoe County Corridor and the section (g), the Secretary shall establish and priate Federal agencies, shall submit to the Intermountain West Corridor shall generally implement a toll credit marketplace pilot Committee on Environment and Public follow: program in accordance with this section.

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(c) PURPOSES.—The purposes of the pilot (B) REPORT BY RECIPIENT STATE.—Not later innovative financing for public infrastruc- program established under subsection (b) than 30 days after a purchase or sale under ture projects; are— subsection (e)(1), a recipient State shall sub- (E) to deploy predevelopment capital pro- (1) to identify whether a monetary value mit to the Secretary a report that de- grams designed to facilitate the creation of a can be assigned to toll credits; scribes— pipeline of infrastructure projects available (2) to identify the discounted rate of toll (i) the value of toll credits purchased; for investment; credits for cash; (ii) the anticipated use of the toll credits; (F) to bundle smaller-scale and rural (3) to determine if the purchase of toll and projects into larger proposals that may be credits by States provides the purchasing (iii) plans for maintaining maintenance of more attractive for investment; and State budget flexibility to deal with funding effort for spending on Federal-aid highways (G) to reduce transaction costs for public issues, including off-system needs, transit projects. project sponsors. systems with high operating costs, or cash (3) ANNUAL REPORT.—Not later than 1 year (e) ANNUAL REPORT.—Not less frequently flow issues; and after the date on which the pilot program than once each year, the Secretary shall sub- (4) to test the feasibility of expanding the under subsection (b) is established and each mit to Congress a report that describes the toll credit market to allow all States to par- year thereafter that the pilot program is in findings and effectiveness of the program. ticipate on a permanent basis. effect, the Secretary shall— (f) AUTHORIZATION OF APPROPRIATIONS.— (d) SELECTION OF ELIGIBLE STATES.— (A) submit to the Committee on Environ- There is authorized to be appropriated to (1) APPLICATION TO SECRETARY.—In order to ment and Public Works of the Senate and carry out the program $12,000,000, of which participate in the pilot program established the Committee on Transportation and Infra- the Secretary shall use— under subsection (b), a State shall submit to structure of the House of Representatives a (1) $11,750,000 for initial grants to regional the Secretary an application at such time, in report that— infrastructure accelerators under subsection such manner, and containing such informa- (i) determines whether a toll credit mar- (b); and tion as the Secretary may require. ketplace is viable; (2) $250,000 for administrative costs of car- (2) SELECTION.—Of the States that submit (ii) describes the buying and selling activi- rying out the program. an application under paragraph (1), the Sec- ties of the pilot program; TITLE II—TRANSPORTATION INNOVATION retary may select not more than 10 States to (iii) describes the monetary value of toll be designated as an eligible State. credits; Subtitle A—Research (e) TRANSFER OR SALE OF CREDITS.— (iv) determines whether the pilot program SEC. 12001. RESEARCH, TECHNOLOGY, AND EDU- (1) IN GENERAL.—In carrying out the pilot could be expanded to more States or all CATION. program established under subsection (b), States; and (a) HIGHWAY RESEARCH AND DEVELOPMENT the Secretary shall provide that an eligible (v) provides updated information on the PROGRAM.—Section 503(b)(3) of title 23, State may transfer or sell to a recipient toll credit balance accumulated by each United States Code, is amended— State a credit not used by the eligible State State; and (1) in subparagraph (C)— under section 120(i) of title 23, United States (B) make the report described in subpara- (A) in clause (xviii), by striking ‘‘and’’ at Code. graph (A) publicly available on the website the end; (2) USE OF CREDITS BY TRANSFEREE OR PUR- of the Department. (B) in clause (xix), by striking the period CHASER.—A recipient State may use a credit (j) TERMINATION.—The Secretary may ter- at the end and inserting a semicolon; and received under paragraph (1) toward the non- minate the program established under this (C) by adding at the end the following: Federal share requirement for any funds section or the participation of any State in ‘‘(xx) accelerated mobile, highway-speed, made available to carry out title 23 or chap- the program if the Secretary determines bridge inspection methods that provide ter 53 of title 49, United States Code. that the program is not serving a public ben- quantitative data-driven decisionmaking ca- (3) CONDITION ON TRANSFER OR SALE OF efit. pabilities without requiring lane closures; CREDITS.—To receive a credit under para- SEC. 11209. REGIONAL INFRASTRUCTURE ACCEL- and graph (1), a recipient State shall enter into ERATOR DEMONSTRATION PRO- ‘‘(xxi) innovative segmental wall tech- an agreement with the Secretary described GRAM. nology for soil bank stabilization and road- in section 120(i) of title 23, United States (a) IN GENERAL.—The Secretary shall es- way sound attenuation, and articulated tech- Code. tablish a regional infrastructure demonstra- nology for hydraulic sheer-resistant erosion (f) USE OF PROCEEDS FROM SALE OF CRED- tion program (referred to in this section as control.’’; and ITS.—An eligible State shall use the proceeds the ‘‘program’’) to assist entities in devel- (2) in subparagraph (D)(i), by inserting from the sale of a credit under subsection oping improved infrastructure priorities and ‘‘and section 119(e)’’ after ‘‘this subpara- (e)(1) for any project in the eligible State financing strategies for the accelerated de- graph’’. that is eligible under the surface transpor- velopment of a project that is eligible for (b) TECHNOLOGY AND INNOVATION DEPLOY- tation program established under section 133 funding under the TIFIA program under MENT PROGRAM.—Section 503(c) of title 23, of title 23, United States Code. chapter 6 of title 23, United States Code. United States Code, is amended— ESIGNATION OF REGIONAL INFRASTRUC- (g) TOLL CREDIT MONITORING AND TRACK- (b) D (1) in paragraph (1), in the matter pre- TURE ACCELERATORS.—In carrying out the ING.—Not later than 180 days after the enact- ceding subparagraph (A), by striking ‘‘carry program, the Secretary may designate re- ment of this section, the Secretary shall es- out’’ and inserting ‘‘establish and imple- tablish a nationwide toll credit monitoring gional infrastructure accelerators that will— ment’’; and tracking system that functions as a real- (1) serve a defined geographic area; and (2) in paragraph (2)— time database on the inventory and use of (2) act as a resource in the geographic area (A) in subparagraph (B), by striking clause toll credits among all States (as defined in to qualified entities in accordance with this (i) and inserting the following: section 101(a) of title 23, United States Code). section. (h) NOTIFICATION.—Not later than 30 days (c) APPLICATION.—To be eligible for a des- ‘‘(i) use not less than 50 percent of the after the date on which a credit is trans- ignation under subsection (b), a proposed re- funds authorized to carry out this subsection ferred or sold under subsection (e)(1), the eli- gional infrastructure accelerator shall sub- to make grants to, and enter into coopera- gible State shall submit to the Secretary in mit to the Secretary a proposal at such time, tive agreements and contracts with, States, writing a notification of the transfer or sale. in such manner, and containing such infor- other Federal agencies, local governments, (i) REPORTING REQUIREMENTS.— mation as the Secretary may require. metropolitan planning organizations, insti- (1) INITIAL REPORT.—Not later than 180 (d) CRITERIA.—In evaluating a proposal tutions of higher education, private sector days after the date of establishment of the submitted under subsection (c), the Sec- entities, and nonprofit organizations to pilot program under subsection (b), the Sec- retary shall consider— carry out demonstration programs that will retary shall submit to the Committee on En- (1) the need for geographic diversity among accelerate the deployment and adoption of vironment and Public Works of the Senate regional infrastructure accelerators; and transportation research activities;’’; and the Committee on Transportation and (2) the ability of the proposal to promote (B) by redesignating subparagraph (C) as Infrastructure of the House of Representa- investment in covered infrastructure subparagraph (D); and tives a report on the progress of the pilot projects, which shall include a plan— (C) by inserting after subparagraph (B) the program. (A) to evaluate and promote innovative fi- following: (2) STATE REPORT.— nancing methods for local projects, including ‘‘(C) INNOVATION GRANTS.— (A) REPORT BY ELIGIBLE STATE.—Not later the use of the TIFIA program under chapter ‘‘(i) IN GENERAL.—In carrying out the pro- than 30 days after a purchase or sale under 6 of title 23, United States Code; gram established under subparagraph (B)(i), subsection (e)(1), an eligible State shall sub- (B) to build capacity of State, local, and the Secretary shall establish a transparent mit to the Secretary a report that de- tribal governments to evaluate and structure competitive process in which entities de- scribes— projects involving the investment of private scribed in subparagraph (B)(i) may submit an (i) information on the transaction; capital; application to receive a grant under this sub- (ii) the amount of cash received and the (C) to provide technical assistance and in- section. value of toll credits sold; formation on best practices with respect to ‘‘(ii) PUBLICATION OF APPLICATION PROC- (iii) the intended use of the cash; and financing the projects; ESS.—A description of the application proc- (iv) an update on the remaining toll credit (D) to increase transparency with respect ess established by the Secretary shall— balance of the State. to infrastructure project analysis and using ‘‘(I) be posted on a public website;

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.045 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5236 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(II) identify the information required to ‘‘(D) a plan for partnering with the private ‘‘(H) carrying out multimodal and cross-ju- be included in the application; and sector, including telecommunications indus- risdictional planning and deployment of re- ‘‘(III) identify the criteria by which the tries and public service utilities, public gional transportation systems operations Secretary shall select grant recipients. agencies (including multimodal and multi- and management approaches; and ‘‘(iii) SUBMISSION OF APPLICATION.—To re- jurisdictional entities), research institu- ‘‘(I) performing project evaluations to de- ceive a grant under this paragraph, an entity tions, organizations representing transpor- termine the costs, benefits, lessons learned, described in subparagraph (B)(i) shall submit tation and technology leaders, and other and future deployment strategies associated an application to the Secretary. transportation stakeholders; with the deployment of intelligent transpor- ‘‘(iv) SELECTION AND APPROVAL.—The Sec- ‘‘(E) a plan to leverage and optimize exist- tation systems. retary shall select and approve an applica- ing local and regional ITS investments; and ‘‘(5) REPORT TO SECRETARY.—For each fis- tion submitted under clause (iii) based on ‘‘(F) a plan to ensure interoperability of cal year that an eligible entity receives a whether the project described in the applica- deployed technologies with other tolling, grant under this subsection, not later than 1 tion meets the goals of the program de- traffic management, and intelligent trans- year after receiving the grant, each recipient scribed in paragraph (1).’’; and portation systems. shall submit to the Secretary a report that (3) in paragraph (3)(C), by striking ‘‘each of ‘‘(3) SELECTION.— describes how the project has met the expec- fiscal years 2013 through 2014’’ and inserting ‘‘(A) IN GENERAL.—Effective beginning not tations projected in the deployment plan ‘‘each fiscal year’’. later than 1 year after the date of enactment submitted with the application, including in- (c) CONFORMING AMENDMENT.—Section of the DRIVE Act, the Secretary may pro- formation on— 505(c)(1) of title 23, United States Code, is vide grants to eligible entities under this ‘‘(A) how the program has helped reduce amended by striking ‘‘section 503(c)(2)(C)’’ subsection. traffic crashes, congestion, costs, and other and inserting ‘‘section 503 (c)(2)(D)’’. ‘‘(B) GEOGRAPHIC DIVERSITY.—In awarding a benefits of the deployed systems; grant under this subsection, the Secretary ‘‘(B) the effect of measuring and improving SEC. 12002. INTELLIGENT TRANSPORTATION SYS- TEMS. shall ensure, to the maximum extent prac- transportation system performance through ticable, that grant recipients represent di- the deployment of advanced technologies; (a) INTELLIGENT TRANSPORTATION SYSTEMS verse geographical areas of the United ‘‘(C) the effectiveness of providing real- DEPLOYMENT.—Section 513 of title 23, United States, including urban, suburban, and rural time integrated traffic, transit, and States Code, is amended by adding at the end areas. multimodal transportation information to the following: ‘‘(C) NON-FEDERAL SHARE.—In awarding a the public that allows the public to make in- ‘‘(d) SYSTEM OPERATIONS AND ITS DEPLOY- grant under the subsection, the Secretary formed travel decisions; and MENT GRANT PROGRAM.— shall give priority to grant recipients that ‘‘(D) lessons learned and recommendations ‘‘(1) ESTABLISHMENT.—The Secretary shall demonstrate an ability to contribute a sig- for future deployment strategies to optimize establish a competitive grant program to ac- nificant non-Federal share to the cost of car- transportation efficiency and multimodal celerate the deployment, operation, systems rying out the project for which the grant is system performance. management, intermodal integration, and received. ‘‘(6) REPORT TO CONGRESS.—Not later than 2 interoperability of the ITS program and ITS- ‘‘(4) ELIGIBLE USES.—Projects for which years after the date on which the first grant enabled operational strategies— grants awarded under this subsection may be is awarded under this subsection and annu- ‘‘(A) to measure and improve the perform- used include— ally thereafter for each fiscal year for which ance of the surface transportation system; ‘‘(A) the deployment of autonomous vehi- grants are awarded under this subsection, ‘‘(B) to reduce traffic congestion and the cle communication technologies; the Secretary shall submit to Congress a re- economic and environmental impacts of traf- ‘‘(B) the deployment of vehicle-to-vehicle port that describes the effectiveness of the fic congestion; or vehicle-to-infrastructure communication grant recipients in meeting the projected de- ‘‘(C) to minimize fatalities and injuries; technologies; ployment plan goals, including data on how ‘‘(D) to enhance mobility of people and ‘‘(C) the establishment and implementa- the grant program has— goods; tion of ITS and ITS-enabled operations strat- ‘‘(A) reduced traffic-related fatalities and ‘‘(E) to improve traveler information and egies that improve performance in the areas injuries; services; and of— ‘‘(B) reduced traffic congestion and im- ‘‘(F) to optimize existing roadway capac- ‘‘(i) traffic operations; proved travel-time reliability; ity. ‘‘(ii) emergency response to surface trans- ‘‘(C) reduced transportation-related emis- ‘‘(2) APPLICATION.—To be eligible for a portation incidents; sions; grant under this subsection, an eligible enti- ‘‘(iii) incident management; ‘‘(D) optimized multimodal system per- ty shall submit an application to the Sec- ‘‘(iv) transit and commercial vehicle oper- formance; retary that includes— ations improvements; ‘‘(E) improved access to transportation al- ‘‘(A) a plan to deploy and provide for the ‘‘(v) weather event response management ternatives; long-term operation and maintenance of in- by State and local authorities; ‘‘(F) provided the public with access to telligent transportation systems to improve ‘‘(vi) surface transportation network and real-time integrated traffic, transit, and safety, efficiency, system performance, and facility management; multimodal transportation information to return on investment, such as— ‘‘(vii) construction and work zone manage- make informed travel decisions; ‘‘(i) autonomous vehicle communication ment; ‘‘(G) provided cost savings to transpor- technologies; ‘‘(viii) traffic flow information; tation agencies, businesses, and the trav- ‘‘(ii) vehicle-to-vehicle or vehicle-to-infra- ‘‘(ix) freight management; and eling public; and structure communication technologies; ‘‘(x) congestion management; ‘‘(H) provided other benefits to transpor- ‘‘(iii) real-time integrated traffic, transit, ‘‘(D) carrying out activities that support tation users and the general public. and multimodal transportation information; the creation of networks that link metro- ‘‘(7) ADDITIONAL GRANTS.—If the Secretary ‘‘(iv) advanced traffic, freight, parking, politan and rural surface transportation sys- determines, based on a report submitted and incident management systems; tems into an integrated data network, capa- under paragraph (5), that a grant recipient is ‘‘(v) advanced technologies to improve ble of collecting, sharing, and archiving not complying with the established grant transit and commercial vehicle operations; transportation system traffic condition and criteria, the Secretary may— ‘‘(vi) synchronized, adaptive, and transit performance information; ‘‘(A) cease payment to the recipient of any preferential traffic signals; ‘‘(E) the implementation of intelligent remaining grant amounts; and ‘‘(vii) advanced infrastructure condition transportation systems and technologies ‘‘(B) redistribute any remaining amounts assessment technologies; and that improve highway safety through infor- to other eligible entities under this section. ‘‘(viii) other technologies to improve sys- mation and communications systems linking ‘‘(8) NON-FEDERAL SHARE.—The Federal tem operations, including ITS applications vehicles, infrastructure, mobile devices, share of the cost of a project for which a necessary for multimodal systems integra- transportation users, and emergency re- grant is provided under this subsection shall tion and for achieving performance goals; sponders; not exceed 50 percent of the cost of the ‘‘(B) quantifiable system performance im- ‘‘(F) the provision of services necessary to project. provements, including— ensure the efficient operation and manage- ‘‘(9) FUNDING.—Of the funds made available ‘‘(i) reductions in traffic-related crashes, ment of ITS infrastructure, including costs each fiscal year to carry out the intelligent congestion, and costs; associated with communications, utilities, transportation system program under sec- ‘‘(ii) optimization of system efficiency; and rent, hardware, software, labor, administra- tions 512 through 518, not less than $30,000,000 ‘‘(iii) improvement of access to transpor- tive costs, training, and technical services; shall be used to carry out this subsection.’’. tation services; ‘‘(G) the provision of support for the estab- (b) INTELLIGENT TRANSPORTATION SYSTEMS ‘‘(C) quantifiable safety, mobility, and en- lishment and maintenance of institutional GOALS AND PURPOSES.—Section 514(a) of title vironmental benefit projections, including relationships between transportation agen- 23, United States Code, is amended— data-driven estimates of the manner in cies, police, emergency medical services, pri- (1) in paragraph (4), by striking ‘‘and’’ at which the project will improve the efficiency vate emergency operators, freight operators, the end; and of the transportation system and reduce shippers, public service utilities, and tele- (2) by striking paragraph (5) and inserting traffic congestion in the region; communications providers; the following:

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‘‘(5) improvement of the ability of the (1) future demands on transportation infra- (c) GRANTS.—The Secretary shall provide United States to respond to security-related structure determined for national planning grants to individual States, groups of States, or other manmade emergencies and natural purposes, including commercial and private or other appropriate entities to conduct re- disasters; and traffic flows to serve future economic activ- search that addresses— ‘‘(6) enhancement of the freight system of ity and growth; (1) the implementation, interoperability, the United States and support to freight pol- (2) the expected condition of the current public acceptance, and other potential hur- icy goals by conducting heavy duty vehicle Interstate System over the next 50 years, in- dles to the adoption of a user-based alter- demonstration activities and accelerating cluding long-term deterioration and recon- native revenue mechanism; adoption of ITS applications in freight oper- struction needs; (2) the protection of personal privacy; ations.’’. (3) those National Highway System routes (3) the use of independent and private (c) ITS ADVISORY COMMITTEE REPORT.— that should be added to the existing Inter- third-party vendors to collect fees and oper- Section 515(h)(4) of title 23, United States state System to more efficiently serve na- ate the user-based alternative revenue mech- Code, is amended in the matter preceding tional traffic flows; anism; subparagraph (A) by striking ‘‘February 1 of (4) features that would take advantage of (4) equity concerns, including the impacts each year after the date of enactment of the technological capabilities to address modern of the user-based alternative revenue mecha- Transportation Research and Innovative standards of construction, maintenance, and nism on differing income groups, various ge- Technology Act of 2012’’ and inserting ‘‘May operations, for purposes of safety, and sys- ographic areas, and the relative burdens on 1 of each year’’. tem management, taking into further con- rural and urban drivers; SEC. 12003. FUTURE INTERSTATE STUDY. sideration system performance and cost; and (5) ease of compliance for different users of (a) FINDINGS.—Congress finds that— (5) the resources necessary to maintain and the transportation system; (1) a well-developed system of transpor- improve the Interstate System, including (6) the reliability and security of tech- tation infrastructure is critical to the eco- the resources required to upgrade those Na- nology used to implement the user-based al- nomic well-being, health, and welfare of the tional Highway System routes identified in ternative revenue mechanism; people of the United States; paragraph (3) to Interstate standards. (7) the flexibility and choices of user-based (2) the 47,000-mile national Interstate Sys- (f) CONSULTATION.—In carrying out the alternative revenue mechanisms, including tem is the backbone to that transportation study, the Transportation Research Board— the ability of users to select from various infrastructure system; and (1) shall convene and consult with a panel technology and payment options; (3) as of the date of enactment of this of national experts including current and fu- (8) the cost of administering the user-based Act— ture owners, operators, and users of the alternative revenue mechanism; and (A) many segments of the approximately Interstate System and private sector stake- (9) the ability of the administering entity 60- year-old Interstate System are well be- holders; and to audit and enforce user compliance. yond the 50-year design life of the System (2) is encouraged to consult with— (d) ADVISORY COUNCIL.— and yet these aging facilities are central to (A) the Federal Highway Administration; (1) IN GENERAL.—Not later than 1 year after the transportation infrastructure system, (B) States; the date of enactment of this Act, the Sec- retary, in consultation with the Secretary of carrying 25 percent of the vehicle traffic of (C) planning agencies at the metropolitan, the Treasury, shall establish and lead a Sur- the United States on just 1 percent of the State, and regional levels; face Transportation Revenue Alternatives total public roadway mileage; (D) the motor carrier industry; Advisory Council (referred to in this sub- (B) the need for ongoing maintenance, (E) freight shippers; section as the ‘‘Council’’) to inform the se- preservation, and reconstruction of the (F) highway safety groups; and lection and evaluation of user-based alter- Interstate System has grown due to increas- (G) other appropriate entities. native revenue mechanisms. ing and changing travel demands; and (g) REPORT.—Not later than 3 years after (2) MEMBERSHIP.— (C) simple maintenance of the current con- the date of enactment of this Act, the Trans- (A) IN GENERAL.—The members of the dition and configuration of the Interstate portation Research Board shall submit to Council shall— System is insufficient for the System to the Secretary, the Committee on Environ- (i) be appointed by the Secretary; and fully serve the transportation needs of the ment and Public Works of the Senate, and the Committee on Transportation and Infra- (ii) include, at a minimum— United States for the next 50 years. (I) representatives with experience in user- (b) FUTURE INTERSTATE SYSTEM STUDY.— structure of the House of Representatives a based alternative revenue mechanisms, of Not later than 180 days after the date of en- report on the results of the study conducted which— actment of this Act, the Secretary shall under this section. (aa) not fewer than 1 shall be from the De- enter into an agreement with the Transpor- (h) FUNDING.—From amounts authorized to partment; tation Research Board of the National Acad- carry out the Highway Research and Devel- (bb) not fewer than 1 shall be from the De- emies to conduct a study on the actions opment Program, the Secretary shall use up needed to upgrade and restore the Dwight D. to $5,000,000 for fiscal year 2016 to carry out partment of the Treasury; and Eisenhower National System of Interstate this section. (cc) not fewer than 2 shall be from State departments of transportation; and Defense Highways to its role as a pre- SEC. 12004. RESEARCHING SURFACE TRANSPOR- mier system network that meets the growing TATION SYSTEM FUNDING ALTER- (II) representatives from applicable users and shifting demands of the 21st century and NATIVES. of the surface transportation system; and for the next 50 years (referred to in this sec- (a) IN GENERAL.—The Secretary shall pro- (III) appropriate technology and public pri- tion as the ‘‘study’’). mote the research of user-based alternative vacy experts. (c) METHODOLOGIES.—In conducting the revenue mechanisms that preserve a user fee (B) GEOGRAPHIC CONSIDERATIONS.—The Sec- study, the Transportation Research Board structure to maintain the long-term sol- retary shall consider geographic diversity shall build on the methodologies examined vency of the Highway Trust Fund. when selecting members under this para- and recommended in the report prepared for (b) OBJECTIVES.—The objectives of the re- graph. the American Association of State Highway search described in subsection (a) shall be— (3) FUNCTIONS.—Not later than 1 year after and Transportation Officials entitled ‘‘Na- (1) to study uncertainties relating to the the date on which the Council is established, tional Cooperative Highway Research Pro- design, acceptance, and implementation of 2 the Council shall, at a minimum— gram Project 20–24(79): Specifications for a or more future user-based alternative rev- (A) define the functionality of 2 or more National Study of the Future 3R, 4R, and Ca- enue mechanisms; user-based alternative revenue mechanisms; pacity Needs of the Interstate System’’ and (2) to define the functionality of those (B) identify technological, administrative, dated December 2013. user-based alternative revenue mechanisms; institutional, privacy, and other issues (d) RECOMMENDATIONS.—The study— (3) to conduct or promote research activi- that— (1) shall include specific recommendations ties to demonstrate and test those user- (i) are associated with the user-based alter- regarding the features, standards, capacity based alternative revenue mechanisms, in- native revenue mechanisms; and needs, application of technologies, and inter- cluding by conducting field trials, by (ii) may be researched through research ac- governmental roles to upgrade the Interstate partnering with individual States, groups of tivities; System, including any revisions to law (in- States, or other appropriate entities to con- (C) conduct public outreach to identify and cluding regulations) that the Transportation duct the research activities; assess questions and concerns about the Research Board determines appropriate to (4) to conduct outreach to increase public user-based alternative revenue mechanisms achieve the goals; and awareness regarding the need for alternative for future evaluation through research ac- (2) is encouraged to build on the robust in- funding sources for surface transportation tivities; and stitutional knowledge in the highway indus- programs and provide information on pos- (D) provide recommendations to the Sec- try in applying the techniques involved in sible approaches; retary on the process and criteria used for implementing the study. (5) to provide recommendations regarding selecting research activities under sub- (e) CONSIDERATIONS.—In carrying out the adoption and implementation of those user- section (c). study, the Transportation Research Board based alternative revenue mechanisms; and (4) EVALUATIONS.—The Council shall con- shall determine the need for reconstruction (6) to minimize the administrative cost of duct periodic evaluations of the research ac- and improvement of the Interstate System any potential user-based alternative revenue tivities that have received assistance from by considering— mechanisms. the Secretary under this section.

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(5) APPLICABILITY OF FEDERAL ADVISORY measures, targets, and related data, so as to (b) REPORT.—Not later than 2 years after COMMITTEE ACT.—The Council shall not be better understand trip origin and destina- the date of enactment of this Act and bienni- subject to the Federal Advisory Committee tion, trip time, and mode; ally thereafter, the Secretary shall submit Act (5 U.S.C. App.). (4) enhancing existing data analysis tools to the Committee on Environment and Pub- (e) BIENNIAL REPORTS.—Not later than 2 to improve performance predictions and lic Works of the Senate and the Committee years after the date of enactment of this travel models in reports described in section on Transportation and Infrastructure of the Act, and every 2 years thereafter until the 150(e) of title 23, United States Code; and House of Representatives a report describing completion of the research activities under (5) developing tools— the results of the evaluation conducted this section, the Secretary shall submit to (A) to improve performance analysis; and under subsection (a). the Secretary of the Treasury, the Com- (B) to evaluate the effects of project in- (c) INSPECTOR GENERAL REPORT.—Not later mittee on Finance and the Committee on En- vestments on performance. than 3 years after the date of enactment of vironment and Public Works of the Senate, (c) FUNDING.—From amounts authorized to this Act, the Inspector General of the De- and the Committee on Ways and Means and carry out the Highway Research and Devel- partment shall submit to the Committee on the Committee on Transportation and Infra- opment Program, the Administrator may use Environment and Public Works of the Senate structure of the House of Representatives a up to $10,000,000 for each of fiscal years 2016 and the Committee on Transportation and report describing the progress of the re- through 2021 to carry out this section. Infrastructure of the House of Representa- search activities. Subtitle C—Transparency and Best Practices tives a report describing the results of the (f) FINAL REPORT.—On the completion of evaluation conducted under subsection (a). the research activities under this section, SEC. 12201. EVERY DAY COUNTS INITIATIVE. the Secretary and the Secretary of the (a) IN GENERAL.—It is in the national inter- SEC. 12203. GRANT PROGRAM FOR ACHIEVEMENT Treasury, acting jointly, shall submit to the est for the Department, State departments IN TRANSPORTATION FOR PER- FORMANCE AND INNOVATION. Committee on Finance and the Committee of transportation, and all other recipients of on Environment and Public Works of the Federal transportation funds— (a) DEFINITIONS.—In this section: Senate and the Committee on Ways and (1) to identify, accelerate, and deploy inno- (1) ELIGIBLE ENTITY.—The term ‘‘eligible Means and the Committee on Transportation vation aimed at shortening project delivery, entity’’ includes— and Infrastructure of the House of Rep- enhancing the safety of the roadways of the (A) a State; resentatives a report describing the results United States, and protecting the environ- (B) a unit of local government; of the research activities and any rec- ment; (C) a tribal organization (as defined in sec- ommendations. (2) to ensure that the planning, design, en- tion 4 of the Indian Self-Determination and (g) FUNDING.—Of the funds authorized to gineering, construction, and financing of Education Assistance Act (25 U.S.C. 450b)); carry out section 503(b) of title 23, United transportation projects is done in an effi- and States Code— cient and effective manner; (D) a metropolitan planning organization. (1) $15,000,000 shall be used to carry out this (3) to promote the rapid deployment of (2) STATE.—The term ‘‘State’’ means— section in fiscal year 2016; and proven solutions that provide greater ac- (A) a State; (2) $20,000,000 shall be used to carry out this countability for public investments and en- (B) the District of Columbia; section in each of fiscal years 2017 through courage greater private sector involvement; (C) the Commonwealth of Puerto Rico; and 2021. and (D) any other territory (as defined in sec- Subtitle B—Data (4) to create a culture of innovation within tion 165(c)(1) of title 23, United States Code). the highway community. (b) ESTABLISHMENT OF PROGRAM.—The Sec- SEC. 12101. TRIBAL DATA COLLECTION. (b) EVERY DAY COUNTS INITIATIVE.—To ad- retary shall establish a competitive grant Section 201(c)(6) of title 23, United States vance the policy described in subsection (a), program to reward— Code, is amended by adding at the end the the Administrator of the Federal Highway following: (1) achievement in transportation perform- Administration (referred to in this section as ance management; and ‘‘(C) TRIBAL DATA COLLECTION.—In addition the ‘‘Administrator’’) shall continue the (2) the implementation of strategies that to the data to be collected under subpara- Every Day Counts initiative to work with graph (A), not later than 90 days after the achieve innovation and efficiency in surface States, local transportation agencies, and in- transportation. end of each fiscal year, any entity carrying dustry stakeholders to identify and deploy out a project under the tribal transportation (c) PURPOSE.—The purpose of the program proven innovative practices and products under this section shall be to reward entities program under section 202 shall submit to that— for the implementation of policies and proce- the Secretary and the Secretary of Interior, (1) accelerate innovation deployment; dures that— based on obligations and expenditures under (2) shorten the project delivery process; (1) support performance-based manage- the tribal transportation program during the (3) improve environmental sustainability; ment of the surface transportation system preceding fiscal year, the following data: (4) enhance roadway safety; and and improve transportation outcomes; or ‘‘(i) The names of projects or activities (5) reduce congestion. (2) use innovative technologies and prac- carried out by the entity under the tribal (c) INNOVATION DEPLOYMENT.— tices that improve the efficiency and per- transportation program during the preceding (1) IN GENERAL.—At least every 2 years, the fiscal year. Administrator shall work collaboratively formance of the surface transportation sys- ‘‘(ii) A description of the projects or activi- with stakeholders to identify a new collec- tem. ties identified under clause (i). tion of innovations, best practices, and data (d) APPLICATION.— ‘‘(iii) The current status of the projects or to be deployed to highway stakeholders (1) IN GENERAL.—An eligible entity may activities identified under clause (i). through case studies, webinars, and dem- submit to the Secretary an application for a ‘‘(iv) An estimate of the number of jobs onstration projects. grant under this section. (2) CONTENTS.—An application under para- created and the number of jobs retained by (2) REQUIREMENTS.—In identifying a collec- the projects or activities identified under tion described in paragraph (1), the Sec- graph (1) shall indicate the means by which clause (i).’’. retary shall take into account market readi- the eligible entity has met the requirements and purpose of the program under this sec- SEC. 12102. PERFORMANCE MANAGEMENT DATA ness, impacts, benefits, and ease of adoption SUPPORT PROGRAM. of the innovation or practice. tion, including by— (a) PERFORMANCE MANAGEMENT DATA SUP- (d) PUBLICATION.—Each collection identi- (A) establishing, and making progress to- PORT.—The Administrator of the Federal fied under subsection (c) shall be published ward achieving, performance targets that ex- Highway Administration shall develop, use, by the Administrator on a publicly available ceed the requirements of title 23, United and maintain data sets and data analysis website. States Code; tools to assist metropolitan planning organi- SEC. 12202. DEPARTMENT OF TRANSPORTATION (B) using innovative techniques and prac- zations, States, and the Federal Highway Ad- PERFORMANCE MEASURES. tices that enhance the effective movement of ministration in carrying out performance (a) PERFORMANCE MEASURES.—Not later people, goods, and services, such as tech- management analyses (including the per- than 1 year after the date of enactment of nologies that reduce construction time, im- formance management requirements under this Act, the Secretary, in coordination with prove operational efficiencies, and extend section 150 of title 23, United States Code). the heads of other Federal agencies with re- the service life of highways and bridges; and (b) INCLUSIONS.—The data analysis activi- sponsibility for the review and approval of (C) employing transportation planning ties authorized under subsection (a) may in- projects funded under title 23, United States tools and procedures that improve trans- clude— Code, shall measure and report on— parency and the development of transpor- (1) collecting and distributing vehicle (1) the progress made toward aligning Fed- tation investment strategies within the ju- probe data describing traffic on Federal-aid eral reviews of projects funded under title 23, risdiction of the eligible entity. highways; United States Code, and the improvement of (e) EVALUATION CRITERIA.—In awarding a (2) collecting household travel behavior project delivery associated with those grant under this section, the Secretary shall data to assess local and cross-jurisdictional projects; and take into consideration the extent to which travel, including to accommodate external (2) as applicable, the effectiveness of the the application of the applicable eligible en- and through travel; Department in achieving the goals described tity under subsection (d)— (3) enhancing existing data collection and in section 150(b) of title 23, United States (1) demonstrates performance in meeting analysis tools to accommodate performance Code, through discretionary programs. the requirements of subsection (c); and

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.045 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5239 (2) promotes the national goals described ‘‘(iv) the amount of Federal funding being State established under section 150(d) by the in section 150(b) of title 23, United States used on the project; date that is 2 years after the date of the es- Code. ‘‘(v) the 1 or more programs from which tablishment of the performance targets’’ and (f) ELIGIBLE ACTIVITIES.—Amounts made Federal funds are obligated on the project; inserting ‘‘safety performance targets of the available to carry out this section shall be ‘‘(vi) the type of improvement being made, State established under section 150(d)’’; and used for projects eligible for funding under— such as categorizing the project as— (2) in paragraphs (1) and (2), by inserting (1) title 23, United States Code; or ‘‘(I) a road reconstruction project; ‘‘safety’’ before ‘‘performance targets’’ each (2) chapter 53 of title 49, United States ‘‘(II) a new road construction project; place it appears. Code. ‘‘(III) a new bridge construction project; SEC. 12208. DESIGN STANDARDS. (g) LIMITATION.—The amount of a grant ‘‘(IV) a bridge rehabilitation project; or (a) IN GENERAL.—Section 109 of title 23, ‘‘(V) a bridge replacement project; and under this section shall be not more than United States Code, is amended— ‘‘(vii) the ownership of the highway or $15,000,000. (1) in subsection (c)— bridge. (h) AUTHORIZATION OF APPROPRIATIONS.— (A) in paragraph (1)— ‘‘(C) TRANSFERS BETWEEN PROGRAMS.—The (1) IN GENERAL.—There is authorized to be (i) in the matter preceding subparagraph report shall include a description of the appropriated out of the general fund of the (A), by striking ‘‘may take into account’’ amount of funds transferred between pro- Treasury to carry out this section and inserting ‘‘shall consider’’; and grams by each State under section 126.’’. $150,000,000 for each of fiscal years 2016 (ii) in subparagraph (C), by striking ‘‘ac- (b) CONFORMING AMENDMENT.—Section 1503 through 2021, to remain available until ex- cess for’’ and inserting ‘‘access and safety of MAP–21 (23 U.S.C. 104 note; Public Law pended. for’’; and 112–141) is amended by striking subsection (2) ADMINISTRATIVE COSTS.—The Secretary (B) in paragraph (2)— (c). shall withhold a reasonable amount of funds (i) in subparagraph (C), by striking ‘‘and’’ made available under paragraph (1) for ad- SEC. 12205. REPORT ON HIGHWAY TRUST FUND at the end; ADMINISTRATIVE EXPENDITURES. ministration of the program under this sec- (ii) by redesignating subparagraph (D) as tion, not to exceed 3 percent of the amount (a) INITIAL REPORT.—Not later than 150 subparagraph (F); and appropriated for each applicable fiscal year. days after the date of enactment of this Act, (iii) by inserting after subparagraph (C) the (i) APPLICABILITY OF REQUIREMENTS.— the Comptroller General of the United States following: Amounts made available under this section shall submit to Congress a report describing ‘‘(D) the publication entitled ‘Highway shall be administered as if the funds were ap- the administrative expenses of the Federal Safety Manual’ of the American Association portioned under chapter 1 of title 23, United Highway Administration funded from the of State Highway and Transportation Offi- States Code. Highway Trust Fund during the 3 most re- cials; SEC. 12204. HIGHWAY TRUST FUND TRANS- cent fiscal years. ‘‘(E) the publication entitled ‘Urban Street (b) UPDATES.—Not later than 5 years after PARENCY AND ACCOUNTABILITY. Design Guide’ of the National Association of the date on which the report is submitted (a) IN GENERAL.—Section 104 of title 23, City Transportation Officials; and’’; and under subsection (a) and every 5 years there- United States Code, is amended by striking (2) in subsection (f), by inserting ‘‘pedes- after, the Comptroller General shall submit subsection (g) and inserting the following: trian walkways,’’ after ‘‘bikeways,’’. to Congress a report that updates the infor- ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY (b) DESIGN STANDARD FLEXIBILITY.—Not- mation provided in the report under that AND ACCOUNTABILITY REPORT.— withstanding section 109(o) of title 23, United subsection for the preceding 5-year period. ‘‘(1) PUBLICLY AVAILABLE REPORT.—Not States Code, a local jurisdiction may use a (c) INCLUSIONS.—Each report submitted later than 180 days after the date of enact- roadway design guide that is different from ment of the DRIVE Act and quarterly there- under subsection (a) or (b) shall include a de- scription of the— the roadway design guide used by the State after, the Secretary shall compile data in ac- in which the local jurisdiction is located for cordance with this subsection on the use of (1) types of administrative expenses of pro- grams and offices funded by the Highway the design of projects on all roadways under Federal-aid highway program funds made the ownership of the local jurisdiction (other available under this title. Trust Fund; (2) tracking and monitoring of administra- than a highway on the Interstate System) ‘‘(2) REQUIREMENTS.—The Secretary shall if— ensure that the reports required under this tive expenses; (3) controls in place to ensure that funding (1) the local jurisdiction is the project subsection are made available in a user- sponsor; friendly manner on the public website of the for administrative expenses is used as effi- ciently as practicable; and (2) the roadway design guide— Department of Transportation and can be (A) is recognized by the Federal Highway searched and downloaded by users of the (4) flexibility of the Department to reallo- cate amounts from the Highway Trust Fund Administration; and website. (B) is adopted by the local jurisdiction; and ‘‘(3) CONTENTS OF REPORT.— between full-time equivalent employees and other functions. (3) the design complies with all other ap- ‘‘(A) APPORTIONED AND ALLOCATED PRO- plicable Federal laws. GRAMS.—For each fiscal year, the report SEC. 12206. AVAILABILITY OF REPORTS. shall include comprehensive data for each (a) IN GENERAL.—The Secretary shall make TITLE III—TRANSPORTATION INFRA- program, organized by State, that includes— available to the public on the website of the STRUCTURE FINANCE AND INNOVATION ‘‘(i) the total amount of funds available for Department any report required to be sub- ACT OF 1998 AMENDMENTS obligation, identifying the unobligated bal- mitted by the Secretary to Congress after SEC. 13001. TRANSPORTATION INFRASTRUCTURE ance of funds available at the end of the pre- the date of enactment of this Act. FINANCE AND INNOVATION ACT OF ceding fiscal year and new funding available (b) DEADLINE.—Each report described in 1998 AMENDMENTS. for the current fiscal year; subsection (a) shall be made available on the (a) DEFINITIONS.—Section 601(a) of title 23, ‘‘(ii) the total amount of funding obligated website not later than 30 days after the re- United States Code, is amended— during the current fiscal year; port is submitted to Congress. (1) in the matter preceding paragraph (1)— ‘‘(iii) the remaining amount of funds avail- SEC. 12207. PERFORMANCE PERIOD ADJUST- (A) by striking ‘‘In this chapter, the’’ and able for obligation; MENT. inserting ‘‘The’’; and ‘‘(iv) changes in the obligated, unexpended (a) NATIONAL HIGHWAY PERFORMANCE PRO- (B) by inserting ‘‘to sections 601 through balance during the current fiscal year, in- GRAM.—Section 119 of title 23, United States 609’’ after ‘‘apply’’; cluding the obligated, unexpended balance at Code, is amended— (2) in paragraph (2)— the end of the preceding fiscal year and cur- (1) in subsection (e)(7), by striking ‘‘for 2 (A) in subparagraph (B), by striking ‘‘and’’ rent fiscal year expenditures; and consecutive reports submitted under this at the end; ‘‘(v) the percentage of the total amount of paragraph shall include in the next report (B) in subparagraph (C), by striking the pe- obligations for the current fiscal year used submitted’’ and inserting ‘‘shall include as riod at the end and inserting ‘‘; and’’; and for construction and the total amount obli- part of the performance target report under (C) by adding at the end the following: gated during the current fiscal year for reha- section 150(e)’’; and ‘‘(D) capitalizing a rural projects fund bilitation. (2) in subsection (f)(1)(A), by striking ‘‘If, using the proceeds of a secured loan made to ‘‘(B) PROJECT DATA.—To the maximum ex- during 2 consecutive reporting periods, the a State infrastructure bank in accordance tent practicable, the report shall include condition of the Interstate System, exclud- with sections 602 and 603, for the purpose of project-specific data, including data describ- ing bridges on the Interstate System, in a making loans to sponsors of rural infrastruc- ing— State falls’’ and inserting ‘‘If a State reports ture projects in accordance with section ‘‘(i) the specific location of a project; that the condition of the Interstate System, 610.’’; ‘‘(ii) whether the project is located in an excluding bridges on the Interstate System, (3) in paragraph (3), by striking ‘‘this chap- area of the State with a population of— has fallen’’. ter’’ and inserting ‘‘the TIFIA program’’; ‘‘(I) less than 5,000 individuals; (b) HIGHWAY SAFETY IMPROVEMENT PRO- (4) in paragraph (10)— ‘‘(II) 5,000 or more individuals but less than GRAM.—Section 148(i) of title 23, United (A) in the matter preceding subparagraph 50,000 individuals; or States Code, is amended— (A)— ‘‘(III) 50,000 or more individuals; (1) in the matter preceding paragraph (1), (i) by inserting ‘‘related’’ before ‘‘(iii) the total cost of the project; by striking ‘‘performance targets of the ‘‘projects’’; and

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.045 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5240 CONGRESSIONAL RECORD — SENATE July 21, 2015 (ii) by striking ‘‘(which shall receive an in- (10) in paragraph (22) (as redesignated), by year period, to the extent the bank has not vestment grade rating from a rating agen- inserting ‘‘established under sections 602 used the loan commitment, the Secretary cy)’’; through 609’’ after ‘‘Department’’. may extend the term of the loan or withdraw (B) in subparagraph (A), by striking ‘‘sub- (b) DETERMINATION OF ELIGIBILITY AND the loan commitment.’’; ject to the availability of future funds being PROJECT SELECTION.—Section 602 of title 23, (2) in subsection (b), by striking paragraph made available to carry out this chapter;’’ United States Code, is amended— (2) and inserting the following: and inserting ‘‘subject to— (1) in subsection (a)— ‘‘(2) MASTER CREDIT AGREEMENTS.— ‘‘(i) the availability of future funds being (A) in paragraph (1), in the matter pre- ‘‘(A) PROGRAM OF RELATED PROJECTS.—The made available to carry out the TIFIA pro- ceding subparagraph (A), by striking ‘‘this Secretary may enter into a master credit gram; and chapter’’ and inserting ‘‘the TIFIA pro- agreement for a program of related projects ‘‘(ii) the satisfaction of all of the condi- gram’’; secured by a common security pledge on tions for the provision of credit assistance (B) in paragraph (2)(A), by striking ‘‘this terms acceptable to the Secretary. under the TIFIA program, including section chapter’’ and inserting ‘‘the TIFIA pro- ‘‘(B) ADEQUATE FUNDING NOT AVAILABLE.—If 603(b)(1);’’; and gram’’; the Secretary fully obligates funding to eli- (C) in subparagraph (D)— (C) in paragraph (3), by striking ‘‘this gible projects for a fiscal year and adequate (i) by redesignating clauses (ii) and (iii) as chapter’’ and inserting ‘‘the TIFIA pro- funding is not available to fund a credit in- clauses (iii) and (iv), respectively; gram’’; strument, a project sponsor of an eligible (ii) by inserting after clause (i) the fol- (D) in paragraph (5)— project may elect to enter into a master lowing: (i) by striking the heading and inserting credit agreement and wait to execute a cred- ‘‘(ii) receiving an investment grade rating ‘‘ELIGIBLE PROJECT COST PARAMETERS.—’’; it instrument until the fiscal year for which from a rating agency;’’; (ii) in subparagraph (A)— additional funds are available to receive (iii) in clause (iii) (as so redesignated), by (I) in the matter preceding clause (i), by credit assistance.’’; striking ‘‘section 602(c)’’ and inserting ‘‘in- striking ‘‘subparagraph (B), to be eligible for (3) in subsection (c)(1), in the matter pre- cluding sections 602(c) and 603(b)(1)’’; and assistance under this chapter, a project’’ and ceding subparagraph (A), by striking ‘‘this (iv) in clause (iv) (as so redesignated), by inserting ‘‘subparagraphs (B) and (C), a chapter’’ and inserting ‘‘the TIFIA pro- striking ‘‘this chapter’’ and inserting ‘‘the project under the TIFIA program’’; gram’’; and TIFIA program’’; (II) by striking clause (i) and inserting the (4) in subsection (e), by striking ‘‘this (5) in paragraph (12)— following: chapter’’ and inserting ‘‘the TIFIA pro- (A) in subparagraph (D)(iv), by striking the ‘‘(i) $50,000,000; and’’; and gram’’. period at the end and inserting ‘‘; and’’; and (III) in clause (ii), by striking ‘‘assist- (c) SECURED LOAN TERMS AND LIMITA- (B) by adding at the end the following: ance’’; and TIONS.—Section 603(b) of title 23, United ‘‘(E) a project to improve or construct pub- (iii) in subparagraph (B)— States Code, is amended— lic infrastructure that is located within (I) by striking the subparagraph designa- (1) in paragraph (2)— walking distance of, and accessible to, a tion and heading and all that follows (A) by striking ‘‘The amount of’’ and in- fixed guideway transit facility, passenger through ‘‘In the case’’ and inserting the fol- serting the following: rail station, intercity bus station, or inter- lowing: ‘‘(A) IN GENERAL.—Except as provided in modal facility, including a transportation, ‘‘(B) EXCEPTIONS.— subparagraph (B), the amount of’’; and public utility, and capital project described ‘‘(i) INTELLIGENT TRANSPORTATION SYS- (B) by adding at the end the following: in section 5302(3)(G)(v) of title 49, and related TEMS.—In the case’’; and ‘‘(B) RURAL PROJECTS FUND.—In the case of infrastructure; (II) by adding at the end the following: a project capitalizing a rural projects fund, ‘‘(F) a project for the acquisition of plant ‘‘(ii) TRANSIT-ORIENTED DEVELOPMENT the maximum amount of a secured loan and wildlife habitat pursuant to a conserva- PROJECTS.—In the case of a project described made to a State infrastructure bank shall be tion plan that— in section 601(a)(12)(E), eligible project costs determined in accordance with section ‘‘(i) has been approved by the Secretary of shall be reasonably anticipated to equal or 602(a)(5)(B)(iii).’’; the Interior pursuant to section 10 of the En- exceed $10,000,000. (2) in paragraph (3)(A)(i)— dangered Species Act of 1973 (16 U.S.C. 1539); ‘‘(iii) RURAL PROJECTS.—In the case of a (A) in subclause (III), by striking ‘‘or’’ at and rural infrastructure project or a project cap- the end; ‘‘(ii) as determined by the Secretary of the italizing a rural projects fund, eligible (B) in subclause (IV), by striking ‘‘and’’ at Interior, would mitigate the environmental project costs shall be reasonably anticipated the end and inserting ‘‘or’’; and impacts of transportation infrastructure to equal or exceed $10,000,000, but not to ex- (C) by adding at the end the following: projects otherwise eligible for assistance ceed $100,000,000. ‘‘(V) in the case of a secured loan for a under the TIFIA program; and ‘‘(iv) LOCAL INFRASTRUCTURE PROJECTS.— project capitalizing a rural projects fund, ‘‘(G) the capitalization of a rural projects Eligible project costs shall be reasonably an- any other dedicated revenue sources avail- fund by a State infrastructure bank with the ticipated to equal or exceed $10,000,000 in the able to a State infrastructure bank, includ- proceeds of a secured loan made in accord- case of projects or programs of projects— ing repayments from loans made by the bank ance with sections 602 and 603, for the pur- ‘‘(I) in which the applicant is a local gov- for rural infrastructure projects; and’’; pose of making loans to sponsors of rural in- ernment, public authority, or instrumen- (3) in paragraph (4)(B)— frastructure projects in accordance with sec- tality of local government; (A) in clause (i), by striking ‘‘under this tion 610.’’; ‘‘(II) located on a facility owned by a local chapter’’ and inserting ‘‘or a rural projects (6) in paragraph (15), by striking ‘‘means’’ government; or fund under the TIFIA program’’; and and all that follows through the period at ‘‘(III) for which the Secretary determines (B) in clause (ii), by inserting ‘‘and rural the end and inserting ‘‘means a surface that a local government is substantially in- project funds’’ after ‘‘rural infrastructure transportation infrastructure project located volved in the development of the project.’’; projects’’; in an area that is outside of an urbanized (E) in paragraph (9), in the matter pre- (4) in paragraph (5)— area with a population greater than 150,000 ceding subparagraph (A), by striking ‘‘this (A) by redesignating subparagraphs (A) and individuals, as determined by the Bureau of chapter’’ and inserting ‘‘the TIFIA pro- (B) as clauses (i) and (ii), respectively, and the Census.’’; gram’’; and indenting appropriately; (7) by redesignating paragraphs (16), (17), (F) in paragraph (10)— (B) in the matter preceding subparagraph (18), (19), and (20) as paragraphs (17), (18), (20), (i) by striking ‘‘To be eligible’’ and insert- (A), by striking ‘‘The final’’ and inserting (21), and (22), respectively; ing the following: the following: (8) by inserting after paragraph (15) the fol- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) IN GENERAL.—Except as provided in lowing: subparagraph (B), to be eligible’’; subparagraph (B), the final’’; and ‘‘(16) RURAL PROJECTS FUND.—The term (ii) by striking ‘‘this chapter’’ each place it (C) by adding at the end the following: ‘rural projects fund’ means a fund— appears and inserting ‘‘the TIFIA program’’; ‘‘(B) RURAL PROJECTS FUND.—In the case of ‘‘(A) established by a State infrastructure (iii) by striking ‘‘not later than’’ and in- a project capitalizing a rural projects fund, bank in accordance with section 610(d)(4); serting ‘‘no later than’’; and the final maturity date of the secured loan ‘‘(B) capitalized with the proceeds of a se- (iv) by adding at the end the following: shall not exceed 35 years after the date on cured loan made to the bank in accordance ‘‘(B) RURAL PROJECTS FUND.—In the case of which the secured loan is obligated.’’; with sections 602 and 603; and a project capitalizing a rural projects fund, (5) in paragraph (8), by striking ‘‘this chap- ‘‘(C) for the purpose of making loans to the State infrastructure bank shall dem- ter’’ and inserting ‘‘the TIFIA program’’; and sponsors of rural infrastructure projects in onstrate, not later than 2 years after the (6) in paragraph (9)— accordance with section 610.’’; date on which a secured loan is obligated for (A) by striking ‘‘The total Federal assist- (9) by inserting after paragraph (18) (as re- the project under the TIFIA program, that ance provided on a project receiving a loan designated) the following: the bank has executed a loan agreement with under this chapter’’ and inserting the fol- ‘‘(19) STATE INFRASTRUCTURE BANK.—The a borrower for a rural infrastructure project lowing: term ‘State infrastructure bank’ means an in accordance with section 610. After the ‘‘(A) IN GENERAL.—The total Federal assist- infrastructure bank established under sec- demonstration is made, the bank may draw ance provided for a project receiving a loan tion 610.’’; and upon the secured loan. At the end of the 2- under the TIFIA program’’; and

VerDate Sep 11 2014 06:38 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.045 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5241 (B) by adding at the end the following: State entering into a cooperative agreement (f) Section 153(h)(2) of title 23, United ‘‘(B) RURAL PROJECTS FUND.—A project cap- under this section to establish a State infra- States Code, is amended by striking ‘‘para- italizing a rural projects fund shall satisfy structure bank to deposit into the rural graphs (1) through (3)’’ and inserting ‘‘para- clause (i) through compliance with the Fed- projects fund of the bank the proceeds of a graphs (1), (2), and (4)’’. eral share requirement described in section secured loan made to the bank in accordance (g) Section 163(f)(2) of title 23, United 610(e)(3)(B).’’. with section 602 and 603.’’; and States Code, is amended by striking (d) PROGRAM ADMINISTRATION.—Section 605 (F) in paragraph (6) (as redesignated), by ‘‘118(b)(2)’’ and inserting ‘‘118(b)’’. of title 23, United States Code, is amended— striking ‘‘section 133(d)(3)’’ and inserting (h) Section 165(c)(7) of title 23, United (1) by striking ‘‘this chapter’’ each place it ‘‘section 133(d)(1)(A)(i)’’; States Code, is amended by striking ‘‘para- appears and inserting ‘‘the TIFIA program’’; (3) by striking subsection (e) and inserting graphs (2), (4), (7), (8), (14), and (19)’’ and in- and the following: serting ‘‘paragraphs (2), (4), (6), (7), and (14)’’. (2) by adding at the end the following: ‘‘(e) FORMS OF ASSISTANCE FROM STATE IN- (i) Section 202(b)(3) of title 23, United ‘‘(f) ASSISTANCE TO SMALL PROJECTS.— FRASTRUCTURE BANKS.— States Code, is amended— ‘‘(1) RESERVATION OF FUNDS.—Of the funds ‘‘(1) IN GENERAL.—A State infrastructure (1) in subparagraph (A)(i), in the matter made available to carry out the TIFIA pro- bank established under this section may— preceding subclause (I), by inserting ‘‘(a)(6),’’ gram for each fiscal year, and after the set- ‘‘(A) with funds deposited into the highway after ‘‘subsections’’; and aside under section 608(a)(6), not less than account, transit account, or rail account of (2) in subparagraph (C)(ii)(IV), by striking $2,000,000 shall be made available for the Sec- the bank, make loans or provide other forms ‘‘(III).]’’ and inserting ‘‘(III).’’. retary to use in lieu of fees collected under of credit assistance to a public or private en- (j) Section 217(a) of title 23, United States subsection (b) for projects under the TIFIA tity to carry out a project eligible for assist- Code, is amended by striking ‘‘104(b)(3)’’ and program having eligible project costs that ance under this section; and inserting ‘‘104(b)(4)’’. are reasonably anticipated not to equal or ‘‘(B) with funds deposited into the rural (k) Section 327(a)(2)(B)(iii) of title 23, exceed $75,000,000. projects fund, make loans to a public or pri- United States Code, is amended by striking ‘‘(2) RELEASE OF FUNDS.—Any funds not vate entity to carry out a rural infrastruc- ‘‘(42 U.S.C. 13 4321 et seq.)’’ and inserting ‘‘(42 used under paragraph (1) shall be made avail- ture project. able on October 1 of the following fiscal year U.S.C. 4321 et seq.)’’. ‘‘(2) SUBORDINATION OF LOAN.—The amount to provide credit assistance to any project (l) Section 504(a)(4) of title 23, United of a loan or other form of credit assistance under the TIFIA program.’’. States Code, is amended by striking provided for a project described in paragraph (e) STATE AND LOCAL PERMITS.—Section 606 ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’. of title 23, United States Code, is amended in (1) may be subordinated to any other debt fi- (m) Section 515 of title 23, United States the matter preceding paragraph (1) by strik- nancing for the project. Code, is amended by striking ‘‘this chapter’’ ing ‘‘this chapter’’ and inserting ‘‘the TIFIA ‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—A each place it appears and inserting ‘‘sections program’’. State infrastructure bank established under 512 through 518’’. (f) REGULATIONS.—Section 607 of title 23, this section may— (n) Section 518(a) of title 23, United States United States Code, is amended by striking ‘‘(A) with funds deposited into the highway Code, is amended by inserting ‘‘a report’’ ‘‘this chapter’’ and inserting ‘‘the TIFIA pro- account, transit account, or rail account, after ‘‘House of Representatives’’. gram’’. make loans or provide other forms of credit (o) Section 6302(b)(3)(B)(vi)(III) of title 49, (g) FUNDING.—Section 608 of title 23, United assistance to a public or private entity in an United States Code, is amended by striking States Code, is amended— amount up to 100 percent of the cost of car- ‘‘6310’’ and inserting ‘‘6309’’. (1) by striking ‘‘this chapter’’ each place it rying out a project eligible for assistance (p) Section 1301(l)(3) of SAFETEA–LU (23 appears and inserting ‘‘the TIFIA program’’; under this section; and U.S.C. 101 note; Public Law 109–59) is amend- and ‘‘(B) with funds deposited into the rural ed— (2) in subsection (a)— projects fund, make loans to a public or pri- (1) in subparagraph (A)(i), by striking (A) in paragraph (2), by inserting ‘‘of’’ after vate entity in an amount not to exceed 80 ‘‘complied’’ and inserting ‘‘compiled’’; and ‘‘504(f)’’; percent of the cost of carrying out a rural in- (2) in subparagraph (B), by striking ‘‘para- (B) in paragraph (3)— frastructure project. graph (1)’’ and inserting ‘‘subparagraph (A)’’. (i) in subparagraph (A), by inserting ‘‘or ‘‘(4) INITIAL ASSISTANCE.—Initial assistance (q) Section 4407 of SAFETEA–LU (Public rural projects funds’’ after ‘‘rural infrastruc- provided with respect to a project from Fed- Law 109–59; 119 Stat. 1777), is amended by ture projects’’; and eral funds deposited into a State infrastruc- striking ‘‘hereby enacted into law’’ and in- (ii) in subparagraph (B), by inserting ‘‘or ture bank under this section may not be serting ‘‘granted’’. rural projects funds’’ after ‘‘rural infrastruc- made in the form of a grant.’’; (r) Section 51001(a)(1) of the Transportation ture projects’’; and (4) in subsection (g)— Research and Innovative Technology Act of (C) in paragraph (6), by striking ‘‘0.50 per- (A) in paragraph (1), by striking ‘‘each ac- 2012 (126 Stat. 864) is amended by striking cent’’ and inserting ‘‘0.75 percent’’. count’’ and inserting ‘‘the highway account, ‘‘sections 503(b), 503(d), and 509’’ and insert- (h) REPORTS TO CONGRESS.—Section 609 of the transit account, and the rail account’’; ing ‘‘section 503(b)’’. title 23, United States Code, is amended by and TITLE V—MISCELLANEOUS striking ‘‘this chapter (other than section (B) in paragraph (4), by inserting ‘‘, except 610)’’ each place it appears and inserting that any loan funded from the rural projects SEC. 15001. APPALACHIAN DEVELOPMENT HIGH- ‘‘the TIFIA program’’. fund of the bank shall bear interest at or WAY SYSTEM. (i) STATE INFRASTRUCTURE BANK PRO- below the interest rate charged for the Section 1528 of MAP–21 (40 U.S.C. 14501 GRAM.—Section 610 of title 23, United States TIFIA loan provided to the bank under sec- note; Public Law 112–141) is amended— Code, is amended— tion 603’’ after ‘‘feasible’’; and (1) by striking ‘‘2021’’ each place it appears (1) in subsection (a), by adding at the end (5) in subsection (k), by striking ‘‘For each and inserting ‘‘2050’’; and the following: of fiscal years 2005 through 2009’’ and insert- (2) by striking ‘‘shall be 100 percent’’ each ‘‘(11) RURAL INFRASTRUCTURE PROJECT.— ing ‘‘For each fiscal year’’. place it appears and inserting ‘‘shall be up to The term ‘rural infrastructure project’ has 100 percent, as determined by the State’’. the meaning given the term in section 601. TITLE IV—TECHNICAL CORRECTIONS SEC. 15002. APPALACHIAN REGIONAL DEVELOP- ‘‘(12) RURAL PROJECTS FUND.—The term SEC. 14001. TECHNICAL CORRECTIONS. MENT PROGRAM. ‘rural projects fund’ has the meaning given (a) Section 101(a)(29) of title 23, United (a) HIGH-SPEED BROADBAND DEVELOPMENT the term in section 601.’’; States Code, is amended— INITIATIVE.— (2) in subsection (d)— (1) in subparagraph (B), by inserting a (1) IN GENERAL.—Subchapter I of chapter (A) in paragraph (1)(A), by striking ‘‘each comma after ‘‘disabilities’’; and 145 of subtitle IV of title 40, United States of fiscal years’’ and all that follows through (2) in subparagraph (F)(i), by striking Code, is amended by adding at the end the the end of subparagraph (A) and inserting ‘‘133(b)(11)’’ and inserting ‘‘133(b)(14)’’. following: ‘‘each fiscal year under each of paragraphs (b) Section 119(d)(1)(A) of title 23, United (1), (2), and (5) of section 104(b); and’’; States Code, is amended by striking ‘‘mobil- ‘‘§ 14509. High-speed broadband deployment (B) in paragraph (2), by striking ‘‘in each of ity,’’ and inserting ‘‘congestion reduction, initiative fiscal years 2005 through 2009’’ and inserting system reliability,’’. ‘‘(a) IN GENERAL.—The Appalachian Re- ‘‘in each fiscal year’’; (c) Section 126(b) of title 23, United States gional Commission may provide technical (C) in paragraph (3), by striking ‘‘in each of Code (as amended by section 11014(b)), is assistance, make grants, enter into con- fiscal years 2005 through 2009’’ and inserting amended by striking ‘‘133(d)’’ and inserting tracts, or otherwise provide amounts to indi- ‘‘in each fiscal year’’; ‘‘133(d)(1)(A)’’. viduals or entities in the Appalachian region (D) by redesignating paragraphs (4) (d) Section 127(a)(3) of title 23, United for projects and activities— through (6) as paragraphs (5) through (7), re- States Code, is amended by striking ‘‘(1) to increase affordable access to spectively; ‘‘118(b)(2) of this title’’ and inserting broadband networks throughout the Appa- (E) by inserting after paragraph (3) the fol- ‘‘118(b)’’. lachian region; lowing: (e) Section 150(c)(3)(B) of title 23, United ‘‘(2) to conduct research, analysis, and ‘‘(4) RURAL PROJECTS FUND.—Subject to States Code, is amended by striking the training to increase broadband adoption ef- subsection (j), the Secretary may permit a semicolon at the end and inserting a period. forts in the Appalachian region;

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‘‘(3) to provide technology assets, including ‘‘(c) ENCOURAGEMENT OF POLLINATOR HABI- and construction of bridges needed to maxi- computers, smartboards, and video projec- TAT AND FORAGE DEVELOPMENT AND PROTEC- mize the cost reductions; and tors to educational systems throughout the TION ON TRANSPORTATION RIGHTS-OF-WAY.—In (4) a summary of any additional research Appalachian region; carrying out any program administered by that may be needed to further evaluate inno- ‘‘(4) to increase distance learning opportu- the Secretary under this title, the Secretary vative approaches to reducing the installed nities throughout the Appalachian region; shall, in conjunction with willing States, as and lifecycle costs of highway bridges. ‘‘(5) to increase the use of telehealth tech- appropriate— (c) PUBLIC COMMENT.—Before commis- nologies in the Appalachian region; and ‘‘(1) encourage integrated vegetation man- sioning the study under subsection (a), the ‘‘(6) to promote e-commerce applications agement practices on roadsides and other Administrator shall provide an opportunity in the Appalachian region. transportation rights-of-way, including re- for public comment on the study proposal. ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.— duced mowing; and (d) DATA FROM STATES.—Each State that Of the cost of any activity eligible for a ‘‘(2) encourage the development of habitat received funds under the program shall pro- grant under this section— and forage for Monarch butterflies, other na- vide to the Transportation Research Board ‘‘(1) not more than 50 percent may be pro- tive pollinators, and honey bees through any relevant data needed to carry out the vided from amounts appropriated to carry plantings of native forbs and grasses, includ- study commissioned under subsection (a). out this section; and ing noninvasive, native milkweed species (e) DEADLINE.—The Administrator shall ‘‘(2) notwithstanding paragraph (1)— that can serve as migratory way stations for submit to Congress the study commissioned ‘‘(A) in the case of a project to be carried butterflies and facilitate migrations of other under subsection (a) not later than 3 years out in a county for which a distressed county pollinators.’’. after the date of enactment of this Act. designation is in effect under section 14526, (b) PROVISION OF HABITAT, FORAGE, AND MI- SEC. 15006. SPORT FISH RESTORATION AND REC- not more than 80 percent may be provided GRATORY WAY STATIONS FOR MONARCH BUT- REATIONAL BOATING SAFETY. from amounts appropriated to carry out this TERFLIES, OTHER NATIVE POLLINATORS, AND Section 4 of the Dingell-Johnson Sport section; and HONEY BEES.—Section 329(a)(1) of title 23, Fish Restoration Act (16 U.S.C. 777c), as ‘‘(B) in the case of a project to be carried United States Code, is amended by inserting amended by section 73103, is amended— out in a county for which an at-risk designa- ‘‘provision of habitat, forage, and migratory (1) in subsection (a), in the matter pre- tion is in effect under section 14526, not more way stations for Monarch butterflies, other ceding paragraph (1) by striking ‘‘2015’’ and than 70 percent may be provided from native pollinators, and honey bees,’’ before inserting ‘‘2021’’; and amounts appropriated to carry out this sec- ‘‘and aesthetic enhancement’’. (2) in subsection (b)(1)(A) by striking tion. SEC. 15005. STUDY ON PERFORMANCE OF ‘‘2015’’ and inserting ‘‘2021’’. BRIDGES. ‘‘(c) SOURCES OF ASSISTANCE.—Subject to DIVISION B—PUBLIC TRANSPORTATION (a) IN GENERAL.—Subject to subsection (c), subsection (b), a grant provided under this TITLE XXI—FEDERAL PUBLIC the Administrator of the Federal Highway section may be provided from amounts made TRANSPORTATION ACT Administration (referred to in this section as available to carry out this section in com- the ‘‘Administrator’’) shall commission the SEC. 21001. SHORT TITLE. bination with amounts made available— Transportation Research Board of the Na- This title may be cited as the ‘‘Federal ‘‘(1) under any other Federal program; or tional Academy of Sciences to conduct a Public Transportation Act of 2015’’. ‘‘(2) from any other source. study on the performance of bridges that re- SEC. 21002. DEFINITIONS. ‘‘(d) FEDERAL SHARE.—Notwithstanding ceived funding under the innovative bridge Section 5302 of title 49, United States Code, any provision of law limiting the Federal research and construction program (referred is amended— share under any other Federal program, to in this section as the ‘‘program’’) under (1) in paragraph (1)(E), by striking ‘‘bicycle amounts made available to carry out this section 503(b) of title 23, United States Code storage facilities and installing equipment’’ section may be used to increase that Federal (as in effect on the day before the date of en- and inserting ‘‘bicycle storage shelters and share, as the Appalachian Regional Commis- actment of SAFETEA–LU (Public Law 109– parking facilities and the installation of sion determines to be appropriate.’’. 59; 119 Stat. 1144)) in meeting the goals of equipment’’; (2) CONFORMING AMENDMENT.—The analysis that program, which included— (2) in paragraph (3)— for chapter 145 of title 40, United States (1) the development of new, cost-effective (A) by striking subparagraph (F) and in- Code, is amended by inserting after the item innovative material highway bridge applica- serting the following: relating to section 14508 the following: tions; ‘‘(F) leasing equipment or a facility for use ‘‘14509. High-speed broadband deployment (2) the reduction of maintenance costs and in public transportation;’’; initiative.’’. lifecycle costs of bridges, including the costs (B) in subparagraph (G)— (b) AUTHORIZATION OF APPROPRIATIONS.— of new construction, replacement, or reha- (i) in clause (iv), by adding ‘‘and’’ at the Section 14703 of title 40, United States Code, bilitation of deficient bridges; end; is amended— (3) the development of construction tech- (ii) in clause (v), by striking ‘‘and’’ at the (1) in subsection (a)(5), by striking ‘‘fiscal niques to increase safety and reduce con- end; and year 2012’’ and inserting ‘‘each of fiscal years struction time and traffic congestion; (iii) by striking clause (vi); 2012 through 2021’’; (4) the development of engineering design (C) in subparagraph (K), by striking ‘‘or’’ (2) by redesignating subsections (c) and (d) criteria for innovative products and mate- at the end; as subsections (d) and (e), respectively; and rials for use in highway bridges and struc- (D) in subparagraph (L), by striking the pe- (3) by inserting after subsection (b) the fol- tures; riod at the end and inserting a semicolon; lowing: (5) the development of cost-effective and and ‘‘(c) HIGH-SPEED BROADBAND DEPLOYMENT innovative techniques to separate vehicle (E) by adding at the end the following: INITIATIVE.—Of the amounts made available and pedestrian traffic from railroad traffic; ‘‘(M) associated transit improvements; or under subsection (a), $10,000,000 shall be used (6) the development of highway bridges and ‘‘(N) technological changes or innovations to carry out section 14509 for each of fiscal structures that will withstand natural disas- to modify low or no emission vehicles (as de- years 2016 through 2021.’’. ters, including alternative processes for the fined in section 5339(c)) or facilities.’’; and (c) TERMINATION.—Section 14704 of title 40, seismic retrofit of bridges; and (3) by adding at the end the following: United States Code, is amended by striking (7) the development of new nondestructive ‘‘(24) VALUE CAPTURE.—The term ‘value ‘‘2012’’ and inserting ‘‘2021’’. bridge evaluation technologies and tech- capture’ means recovering the increased (d) EFFECTIVE DATE.—This section and the niques. value to property located near public trans- amendments made by this section take ef- (b) CONTENTS.—The study commissioned portation resulting from investments in pub- fect on October 1, 2015. under subsection (a) shall include— lic transportation.’’. SEC. 15003. WATER INFRASTRUCTURE FINANCE (1) an analysis of the performance of SEC. 21003. METROPOLITAN TRANSPORTATION AND INNOVATION. bridges that received funding under the pro- PLANNING. Section 3907(a) of title 33, United States gram in meeting the goals described in para- Section 5303 of title 49, United States Code, Code, is amended— graphs (1) through (7) of subsection (a); is amended— (1) by striking paragraph (5); and (2) an analysis of the utility, compared to (1) in subsection (a)(1), by inserting ‘‘resil- (2) by redesignating paragraphs (6) and (7) conventional materials and technologies, of ient’’ after ‘‘development of’’; as paragraphs (5) and (6), respectively. each of the innovative materials and tech- (2) in subsection (c)(2), by striking ‘‘and bi- SEC. 15004. ADMINISTRATIVE PROVISIONS TO EN- nologies used in projects for bridges under cycle transportation facilities’’ and inserting COURAGE POLLINATOR HABITAT the program in meeting the needs of the ‘‘, bicycle transportation facilities, inter- AND FORAGE ON TRANSPORTATION United States in 2015 and in the future for a modal facilities that support intercity trans- RIGHTS-OF-WAY. sustainable and low lifecycle cost transpor- portation, including intercity buses and (a) IN GENERAL.—Section 319 of title 23, tation system; intercity bus facilities, and commuter van- United States Code, is amended— (3) recommendations to Congress on how pool providers’’; (1) in subsection (a), by inserting ‘‘(includ- the installed and lifecycle costs of bridges (3) in subsection (d)— ing the enhancement of habitat and forage could be reduced through the use of innova- (A) by redesignating paragraphs (3) for pollinators)’’ before ‘‘adjacent’’; and tive materials and technologies, including, through (6) as paragraphs (4) through (7), re- (2) by adding at the end the following: as appropriate, any changes in the design spectively;

VerDate Sep 11 2014 12:25 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.045 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5243 (B) by inserting after paragraph (2) the fol- title 23’’ and inserting ‘‘apportioned under (B) in paragraph (3)— lowing: paragraphs (5)(D) and (6) of section 104(b) of (i) by inserting ‘‘public ports,’’ before ‘‘(3) REPRESENTATION.— title 23’’; and ‘‘freight shippers’’; and ‘‘(A) IN GENERAL.—Designation or selection (14) by adding at the end the following: (ii) by inserting ‘‘(including intercity bus of officials or representatives under para- ‘‘(q) TREATMENT OF LAKE TAHOE REGION.— operators)’’ after ‘‘private providers of trans- graph (2) shall be determined by the metro- ‘‘(1) DEFINITION OF LAKE TAHOE REGION.—In portation’’; and politan planning organization according to this subsection, the term ‘Lake Tahoe Re- (C) in paragraph (6)(A), by striking ‘‘sub- the bylaws or enabling statute of the organi- gion’ has the meaning given the term ‘re- section (l)’’ and inserting ‘‘subsection (k)’’; zation. gion’ in subsection (a) of Article II of the (6) by striking subsection (i); and ‘‘(B) PUBLIC TRANSPORTATION REPRESENTA- Lake Tahoe Regional Planning Compact (7) by redesignating subsections (j), (k), TIVE.—Subject to the bylaws or enabling (Public Law 96–551; 94 Stat. 3234). and (l) as subsections (i), (j), and (k), respec- statute of the metropolitan planning organi- ‘‘(2) TREATMENT.—For purposes of this tively. zation, a representative of a provider of pub- title, the Lake Tahoe Region shall be treated (b) CONFORMING AMENDMENT.—Section lic transportation may also serve as a rep- as— 5303(b)(5) of title 49, United States Code, is resentative of a local municipality. ‘‘(A) a metropolitan planning organization; amended by striking ‘‘section 5304(l)’’ and in- ‘‘(C) POWERS OF CERTAIN OFFICIALS.—An of- ‘‘(B) a transportation management area serting ‘‘section 5304(k)’’. under subsection (k); and ficial described in paragraph (2)(B) shall have SEC. 21005. URBANIZED AREA FORMULA GRANTS. responsibilities, actions, duties, voting ‘‘(C) an urbanized area, which is comprised Section 5307 of title 49, United States Code, rights, and any other authority commensu- of— is amended— rate with other officials described in para- ‘‘(i) a population of 145,000 and 25 square (1) in subsection (a)— graph (2)(B).’’; and miles of land area in the State of California; (A) in paragraph (2), by inserting ‘‘or gen- (C) in paragraph (5), as so redesignated, by and eral public demand response service’’ before striking ‘‘paragraph (5)’’ and inserting ‘‘(ii) a population of 65,000 and 12 square ‘‘during’’ each place that term appears; and ‘‘paragraph (6)’’; miles of land area in the State of Nevada.’’. (B) by adding at the end the following: (4) in subsection (e)(4)(B), by striking ‘‘sub- SEC. 21004. STATEWIDE AND NONMETROPOLITAN XCEPTION TO SPECIAL RULE.—Notwith- section (d)(5)’’ and inserting ‘‘subsection TRANSPORTATION PLANNING. ‘‘(3) E (d)(6)’’; (a) IN GENERAL.—Section 5304 of title 49, standing paragraph (2), if a public transpor- (5) in subsection (g)(3)(A), by inserting United States Code, is amended— tation system described in that paragraph ‘‘natural disaster risk reduction,’’ after ‘‘en- (1) in subsection (a)(2), by striking ‘‘and bi- executes a written agreement with 1 or more vironmental protection,’’; cycle transportation facilities’’ and inserting other public transportation systems within (6) in subsection (h)(1)— ‘‘, bicycle transportation facilities, inter- the urbanized area to allocate funds for the (A) in subparagraph (G), by striking ‘‘and’’ modal facilities that support intercity trans- purposes described in that paragraph by a at the end; portation, including intercity buses and method other than by measuring vehicle rev- (B) in subparagraph (H), by striking the pe- intercity bus facilities, and commuter van- enue hours, each public transportation sys- riod at the end and inserting ‘‘; and’’; and pool providers’’; tem that is a party to the written agreement (C) by adding at the end the following: (2) in subsection (d)— may follow the terms of the written agree- ‘‘(I) improve the resilience and reliability (A) in paragraph (1)— ment without regard to measured vehicle of the transportation system.’’; (i) in subparagraph (G), by striking ‘‘and’’ revenue hours referred to in that paragraph. (7) in subsection (i)— at the end; ‘‘(4) TEMPORARY AND TARGETED ASSIST- (A) in paragraph (2)— (ii) in subparagraph (H), by striking the pe- ANCE.— (i) in subparagraph (A)(i), by striking riod at the end and inserting ‘‘; and’’; and ‘‘(A) ELIGIBILITY.—The Secretary may ‘‘transit’’ and inserting ‘‘public transpor- (iii) by adding at the end the following: make a grant under this section to finance tation facilities, intercity bus facilities’’; ‘‘(I) improve the resilience and reliability the operating cost of equipment and facili- (ii) in subparagraph (G)— of the transportation system.’’; and ties to a recipient for use in public transpor- (I) by striking ‘‘and provide’’ and inserting (B) in paragraph (2)— tation in an area that the Secretary deter- ‘‘, provide’’; and (i) in subparagraph (B)(ii), by striking ‘‘ur- mines has— (II) by inserting before the period at the banized areas with a population of fewer ‘‘(i) a population of not fewer than 200,000 end the following: ‘‘, and reduce vulner- than 200,000 individuals, as calculated ac- individuals, as determined by the Bureau of ability due to natural disasters of the exist- cording to the most recent decennial census, the Census; and ing transportation infrastructure’’; and and’’ and inserting ‘‘areas’’; and ‘‘(ii) a 3-month unemployment rate, as re- (iii) in subparagraph (H), by inserting be- (ii) in subparagraph (C)— ported by the Bureau of Labor Statistics, fore the period at the end the following: ‘‘, (I) by striking ‘‘title 23’’ and inserting that is— including consideration of the role that ‘‘this chapter’’; and ‘‘(I) greater than 7 percent; and intercity buses may play in reducing conges- (II) by striking ‘‘urbanized areas with a ‘‘(II) at least 2 percentage points greater tion, pollution, and energy consumption in a population of fewer than 200,000 individuals, than the lowest 3-month unemployment rate cost-effective manner and strategies and in- as calculated according to the most recent for the area during the 5-year period pre- vestments that preserve and enhance inter- decennial census, and’’ and inserting ceding the date of the determination. city bus systems, including systems that are ‘‘areas’’; ‘‘(B) AWARD OF GRANT.— privately owned and operated’’; (3) in subsection (e)(1)— ‘‘(i) IN GENERAL.—Except as otherwise pro- (B) in paragraph (6)(A)— (A) by striking ‘‘’In’’ and inserting ‘‘In’’; vided in this subparagraph, the Secretary (i) by inserting ‘‘public ports,’’ before and may make a grant under this paragraph for ‘‘freight shippers’’; and (B) by striking ‘‘subsection (l)’’ and insert- not more than 2 consecutive fiscal years. (ii) by inserting ‘‘(including intercity bus ing ‘‘subsection (k)’’; ‘‘(ii) ADDITIONAL YEAR.—If, at the end of operators and commuter vanpool providers)’’ (4) in subsection (f)— the second fiscal year following the date on after ‘‘private providers of transportation’’; (A) in paragraph (2)(B)(i), by striking ‘‘sub- which the Secretary makes a determination and section (l)’’ and inserting ‘‘subsection (k)’’; under subparagraph (A) with respect to an (C) in paragraph (8), by striking ‘‘para- (B) in paragraph (3)(A)— area, the Secretary determines that the 3- graph (2)(C)’’ each place that term appears (i) in clause (i), by striking ‘‘subsection month unemployment rate for the area is at and inserting ‘‘paragraph (2)(E)’’; (l)’’ and inserting ‘‘subsection (k)’’; and least 2 percentage points greater than the (8) in subsection (j)(5)(A), by striking ‘‘sub- (ii) in clause (ii), by inserting ‘‘(including unemployment rate for the area at the time section (k)(4)’’ and inserting ‘‘subsection intercity bus operators and commuter van- the Secretary made the determination under (k)(3)’’; pool providers)’’ after ‘‘private providers of subparagraph (A), the Secretary may make a (9) in subsection (k)— transportation’’; grant to a recipient in the area for 1 addi- (A) by striking paragraph (3); and (C) in paragraph (7), in the matter pre- tional consecutive fiscal year. (B) by redesignating paragraphs (4) and (5) ceding subparagraph (A), by striking ‘‘(iii) EXCLUSION PERIOD.—Beginning on the as paragraphs (3) and (4), respectively; ‘‘should’’ and inserting ‘‘shall’’; and last day of the last consecutive fiscal year (10) in subsection (l)— (D) in paragraph (8), by inserting ‘‘, includ- for which a recipient receives a grant under (A) in paragraph (1), by adding a period at ing consideration of the role that intercity this paragraph, the Secretary may not make the end; and buses may play in reducing congestion, pol- a subsequent grant under this paragraph to (B) in paragraph (2)(D), by striking ‘‘of less lution, and energy consumption in a cost-ef- the recipient for a number of fiscal years than 200,000’’ and inserting ‘‘with a popu- fective manner and strategies and invest- equal to the number of consecutive fiscal lation of 200,000 or less’’; ments that preserve and enhance intercity years in which the recipient received a grant (11) by striking subsection (n); bus systems, including systems that are pri- under this paragraph. (12) by redsignating subsections (o), (p), vately owned and operated’’ before the pe- ‘‘(C) LIMITATION.— and (q) as subsections (n), (o), and (p), respec- riod at the end; ‘‘(i) FIRST FISCAL YEAR.—For the first fis- tively; (5) in subsection (g)— cal year following the date on which the Sec- (13) in subsection (o), as so redesignated, (A) in paragraph (2)(B)(i), by striking ‘‘sub- retary makes a determination under sub- by striking ‘‘set aside under section 104(f) of section (l)’’ and inserting ‘‘subsection (k)’’; paragraph (A) with respect to an area, not

VerDate Sep 11 2014 12:25 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.046 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5244 CONGRESSIONAL RECORD — SENATE July 21, 2015 more than 25 percent of the amount appor- (B) in paragraph (2)(A)— ‘‘(A) the net capital costs of the public tioned to a designated recipient under sec- (i) in clause (iii), by adding ‘‘and’’ at the transportation costs attributable to the tion 5336 for the fiscal year shall be available end; project as determined under paragraph (4); for operating assistance for the area. (ii) by striking clause (iv); and and ‘‘(ii) SECOND AND THIRD FISCAL YEARS.—For (iii) by redesignating clause (v) as clause ‘‘(B) the share of funds dedicated to the the second and third fiscal years following (iv); project from sources other than this section the date on which the Secretary makes a de- (3) in subsection (g)(2)(A)(i), by striking ‘‘, included in the unified finance plan for the termination under subparagraph (A) with re- the policies and land use patterns that sup- project. spect to an area, not more than 20 percent of port public transportation,’’; ‘‘(4) CALCULATION OF NET CAPITAL PROJECT the amount apportioned to a designated re- (4) in subsection (i)— COST.—The Secretary shall estimate the net cipient under section 5336 for the fiscal year (A) in paragraph (1), by striking ‘‘sub- capital costs of a project under this sub- shall be available for operating assistance section (d) or (e)’’ and inserting ‘‘subsection section based on— for the area. (d), (e), or (h)’’; ‘‘(A) engineering studies; ‘‘(D) PERIOD OF AVAILABILITY FOR OPER- (B) in paragraph (2)— ‘‘(B) studies of economic feasibility; ATING ASSISTANCE.—Operating assistance (i) in the matter preceding subparagraph ‘‘(C) the expected use of equipment or fa- awarded under this paragraph shall be avail- (A), by inserting ‘‘new fixed guideway capital cilities; and able for expenditure to a recipient in an area project or core capacity improvement’’ after ‘‘(D) the public transportation costs attrib- until the end of the second fiscal year fol- ‘‘federally funded’’; utable to the project. lowing the date on which the Secretary (ii) by striking subparagraph (D) and in- ‘‘(5) GOVERNMENT SHARE OF NET CAPITAL makes a determination under subparagraph serting the following: PROJECT COST.— (A) with respect to the area, after which ‘‘(D) the program of interrelated projects, ‘‘(A) GOVERNMENT SHARE.—The Govern- time any unexpended funds shall be available when evaluated as a whole— ment share shall not exceed 80 percent of the to the recipient for other eligible activities ‘‘(i) meets the requirements of subsection net capital cost attributable to the public under this section. (d)(2), subsection (e)(2), or paragraphs (3) and transportation costs of a project under this ‘‘(E) CERTIFICATION.—The Secretary may (4) of subsection (h), as applicable, if the pro- subsection as determined under paragraph make a grant for operating assistance under gram is comprised entirely of— (4). this paragraph for a fiscal year only if the ‘‘(I) new fixed guideway capital projects; ‘‘(B) NON-GOVERNMENT SHARE.—The re- recipient certifies that— ‘‘(II) core capacity improvement projects; mainder of the net capital cost attributable ‘‘(i) the recipient will maintain public or to the public transportation costs of a transportation service levels at or above the ‘‘(III) small start projects; or project under this subsection shall be pro- current service level, which shall be dem- ‘‘(ii) meets the requirements of subsection vided from an undistributed cash surplus, a onstrated by providing an equal or greater (d)(2) if the program is comprised of any replacement or depreciation cash fund or re- number of vehicle hours of service in the fis- combination of new fixed guideway projects, serve, or new capital.’’. (b) EXPEDITED PROJECT DELIVERY FOR CAP- cal year than the number of vehicle hours of small start projects, and core capacity im- ITAL INVESTMENT GRANTS PILOT PROGRAM.— service provided in the preceding fiscal year; provement projects;’’; and ‘‘(ii) any non-Federal entity that provides (1) DEFINITIONS.—In this subsection, the (iii) in subparagraph (F), by inserting ‘‘or funding to the recipient, including a State or following definitions shall apply: (h)(5), as applicable’’ after ‘‘subsection (f)’’; local governmental entity, will maintain the (A) APPLICANT.—The term ‘‘applicant’’ and tax rate or rate of allocations dedicated to means a State or local governmental author- (C) in paragraph (3), by striking subpara- public transportation at or above the rate ity that applies for a grant under this sub- graph (A) and inserting the following: for the preceding fiscal year; section. ‘‘(A) PROJECT ADVANCEMENT.—A project re- ‘‘(iii) the recipient has allocated the max- (B) CAPITAL PROJECT; FIXED GUIDEWAY; ceiving a grant under this section that is imum amount of funding under this section LOCAL GOVERNMENTAL AUTHORITY; PUBLIC part of a program of interrelated projects for preventive maintenance costs eligible as TRANSPORTATION; STATE; STATE OF GOOD RE- may not advance— a capital expense necessary to maintain the PAIR.—The terms ‘‘capital project’’, ‘‘fixed ‘‘(i) in the case of a small start project, level and quality of service provided in the guideway’’, ‘‘local governmental authority’’, preceding fiscal year; and from the project development phase to the ‘‘public transportation’’, ‘‘State’’, and ‘‘state ‘‘(iv) the recipient will not use funding construction phase unless the Secretary de- of good repair’’ have the meanings given under this section for new capital assets ex- termines that the program of interrelated those terms in section 5302 of title 49, United cept as necessary for the existing system to projects meets the applicable requirements States Code. maintain or achieve a state of good repair, of this section and there is a reasonable like- (C) CORE CAPACITY IMPROVEMENT PROJECT.— assure safety, or replace obsolete tech- lihood that the program will continue to The term ‘‘core capacity improvement nology.’’; and meet such requirements; or project’’— (2) in subsection (c)(1)— ‘‘(ii) in the case of a new fixed guideway (i) means a substantial corridor-based cap- (A) in subparagraph (C), by inserting ‘‘in a capital project or a core capacity improve- ital investment in an existing fixed guide- state of good repair’’ after ‘‘equipment and ment project, from the project development way system that increases the capacity of a facilities’’; phase to the engineering phase, or from the corridor by not less than 10 percent; and (B) in subparagraph (J), by adding ‘‘and’’ engineering phase to the construction phase, (ii) may include project elements designed at the end; unless the Secretary determines that the to aid the existing fixed guideway system in (C) by striking subparagraph (K); and program of interrelated projects meets the making substantial progress towards achiev- (D) by redesignating subparagraph (L) as applicable requirements of this section and ing a state of good repair. subparagraph (K). there is a reasonable likelihood that the pro- (D) CORRIDOR-BASED BUS RAPID TRANSIT gram will continue to meet such require- SEC. 21006. FIXED GUIDEWAY CAPITAL INVEST- PROJECT.—The term ‘‘corridor-based bus MENT GRANTS. ments.’’; and rapid transit project’’ means a small start (a) IN GENERAL.—Section 5309 of title 49, (5) by adding at the end the following: project utilizing buses in which the project United States Code, is amended— ‘‘(p) JOINT PUBLIC TRANSPORTATION AND represents a substantial investment in a de- (1) in subsection (a)— INTERCITY PASSENGER RAIL PROJECTS.— fined corridor as demonstrated by features (A) in paragraph (3), by striking ‘‘and ‘‘(1) IN GENERAL.—The Secretary may make that emulate the services provided by rail weekend days’’; grants for new fixed guideway capital fixed guideway public transportation sys- (B) in paragraph (6)— projects and core capacity improvement tems— (i) in subparagraph (A), by inserting ‘‘, projects that provide both public transpor- (i) including— small start projects,’’ after ‘‘new fixed guide- tation and intercity passenger rail service. (I) defined stations; way capital projects’’; and ‘‘(2) ELIGIBLE COSTS.—Eligible costs for a (II) traffic signal priority for public trans- (ii) by striking subparagraph (B) and in- project under this subsection shall be lim- portation vehicles; serting the following: ited to the net capital costs of the public (III) short headway bidirectional services ‘‘(B) 2 or more projects that are any com- transportation costs attributable to the for a substantial part of weekdays; and bination of new fixed guideway capital project based on projected use of the new (IV) any other features the Secretary may projects, small start projects, and core ca- segment or expanded capacity of the project determine support a long-term corridor in- pacity improvement projects.’’; and corridor, not including project elements de- vestment; and (C) in paragraph (7)— signed to achieve or maintain a state of good (ii) the majority of which does not operate (i) in subparagraph (A), by striking repair, as determined by the Secretary under in a separated right-of-way dedicated for ‘‘$75,000,000’’ and inserting ‘‘$100,000,000’’; and paragraph (4). public transportation use during peak peri- (ii) in subparagraph (B), by striking ‘‘(3) PROJECT JUSTIFICATION AND LOCAL FI- ods. ‘‘$250,000,000’’ and inserting ‘‘$300,000,000’’; NANCIAL COMMITMENT.—A project under this (E) ELIGIBLE PROJECT.—The term ‘‘eligible (2) in subsection (d)— subsection shall be evaluated for project jus- project’’ means a new fixed guideway capital (A) in paragraph (1)(B), by striking ‘‘, poli- tification and local financial commitment project, a small start project, or a core ca- cies and land use patterns that promote pub- under subsections (d), (e), (f), and (h), as ap- pacity improvement project that has not en- lic transportation,’’; and plicable to the project, based on— tered into a full funding grant agreement

VerDate Sep 11 2014 12:25 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.046 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5245 with the Federal Transit Administration be- (I) the legal, financial, and technical ca- (III) the degree to which financing sources fore the date of enactment of this Act. pacity to carry out the eligible project, in- are dedicated to the proposed eligible (F) FIXED GUIDEWAY BUS RAPID TRANSIT cluding the safety and security aspects of project; PROJECT.—The term ‘‘fixed guideway bus the eligible project; (IV) any debt obligation that exists or is rapid transit project’’ means a bus capital (II) satisfactory continuing control over proposed by the applicant, for the proposed project— the use of the equipment or facilities; eligible project or other public transpor- (i) in which the majority of the project op- (III) the technical and financial capacity tation purpose; and erates in a separated right-of-way dedicated to maintain new and existing equipment and (V) private contributions to the eligible for public transportation use during peak pe- facilities; and project, including cost-effective project de- riods; (IV) advisors providing guidance to the ap- livery, management or transfer of project (ii) that represents a substantial invest- plicant on the terms and structure of the risks, expedited project schedule, financial ment in a single route in a defined corridor project that are independent from investors partnering, and other public-private partner- ship strategies. or subarea; and in the project; (E) LABOR STANDARDS.—The requirements (iii) that includes features that emulate (iii) the eligible project is supported, or under section 5333 of title 49, United States the services provided by rail fixed guideway will be supported, in part, through a public- public transportation systems, including— Code, shall apply to each recipient of a grant private partnership, provided such support is under this subsection. (I) defined stations; determined by local policies, criteria, and (II) traffic signal priority for public trans- (4) PROJECT ADVANCEMENT.—An applicant decisionmaking under section 5306(a) of title that desires a grant under this subsection portation vehicles; 49, United States Code; and meets the requirements of paragraph (3) (III) short headway bidirectional services (iv) the eligible project is justified based shall submit to the Secretary, and the Sec- for a substantial part of weekdays and week- on findings presented by the project sponsor retary shall approve for advancement, a end days; and to the Secretary, including— grant request that contains— (IV) any other features the Secretary may (I) mobility improvements attributable to (A) identification of an eligible project; determine are necessary to produce high- the project; (B) a schedule and finance plan for the con- quality public transportation services that (II) environmental benefits associated with struction and operation of the eligible emulate the services provided by rail fixed the project; project; guideway public transportation systems. (III) congestion relief associated with the (C) an analysis of the efficiencies of the (G) NEW FIXED GUIDEWAY CAPITAL project; proposed eligible project development and PROJECT.—The term ‘‘new fixed guideway (IV) economic development effects derived delivery methods and innovative financing capital project’’ means— as a result of the project; and arrangement for the eligible project, includ- (i) a fixed guideway project that is a min- (V) estimated ridership projections; and ing any documents related to the— imum operable segment or extension to an (v) the eligible project is supported by an (i) public-private partnership required existing fixed guideway system; or acceptable degree of local financial commit- under paragraph (3)(A)(iii); and (ii) a fixed guideway bus rapid transit ment (including evidence of stable and de- (ii) project justification required under project that is a minimum operable segment pendable financing sources). paragraph (3)(A)(iv); and or an extension to an existing bus rapid tran- (B) CERTIFICATION.—An applicant that has (D) a certification that the existing public sit system. submitted the certifications required under transportation system of the applicant or, in (H) RECIPIENT.—The term ‘‘recipient’’ subparagraphs (A), (B), (C), and (H) of section the event that the applicant does not operate means a recipient of funding under chapter 5307(c)(1) of title 49, United States Code, a public transportation system, the public 53 of title 49, United States Code. shall be deemed to have provided sufficient transportation system to which the proposed (I) SMALL START PROJECT.—The term information upon which the Secretary may project will be attached, is in a state of good ‘‘small start project’’ means a new fixed make the determinations required under this repair. guideway capital project, a fixed guideway paragraph. (5) WRITTEN NOTICE FROM THE SECRETARY.— bus rapid transit project, or a corridor-based (C) TECHNICAL CAPACITY.—The Secretary (A) IN GENERAL.—Not later than 120 days bus rapid transit project for which— shall use an expedited technical capacity re- after the date on which the Secretary re- (i) the Federal assistance provided or to be view process for applicants that have re- ceives a grant request of an applicant under provided under this subsection is less than cently and successfully completed not less paragraph (4), the Secretary shall provide $75,000,000; and than 1 new fixed guideway capital project, written notice to the applicant— (ii) the total estimated net capital cost is small start project, or core capacity im- (i) of approval of the grant request; or less than $300,000,000. provement project, if— (ii) if the grant request does not meet the (2) GENERAL AUTHORITY.—The Secretary requirements under paragraph (4), of dis- (i) the applicant achieved budget, cost, and may make grants under this subsection to approval of the grant request, including a de- ridership outcomes for the project that are States and local governmental authorities to tailed explanation of the reasons for the dis- consistent with or better than projections; assist in financing— approval. and (A) new fixed guideway capital projects or (B) CONCURRENT NOTICE.—The Secretary (ii) the applicant demonstrates that the small start projects, including the acquisi- shall provide concurrent notice of an ap- tion of real property, the initial acquisition applicant continues to have the staff exper- proval or disapproval of a grant request of rolling stock for the system, the acquisi- tise and other resources necessary to imple- under subparagraph (A) to the Committee on tion of rights-of-way, and relocation, for ment a new project. Banking, Housing, and Urban Affairs of the projects in the advanced stages of planning (D) FINANCIAL COMMITMENT.— Senate and the Committee on Transpor- and design; and (i) REQUIREMENTS.—In determining wheth- tation and Infrastructure of the House of (B) core capacity improvement projects, er an eligible project is supported by an ac- Representatives. including the acquisition of real property, ceptable degree of local financial commit- (6) WAIVER.—The Secretary may grant a the acquisition of rights-of-way, double ment and shows evidence of stable and de- waiver to an applicant that does not comply tracking, signalization improvements, elec- pendable financing sources for purposes of with paragraph (4)(D) if— trification, expanding system platforms, ac- subparagraph (A)(v), the Secretary shall re- (A) the eligible project meets the defini- quisition of rolling stock associated with quire that— tion of a core capacity improvement project; corridor improvements increasing capacity, (I) each proposed source of capital and op- and construction of infill stations, and such erating financing is stable, reliable, and (B) the Secretary certifies that the eligible other capacity improvement projects as the available within the proposed eligible project project will allow the applicant to make sub- Secretary determines are appropriate to in- timetable; and stantial progress in achieving a state of good crease the capacity of an existing fixed (II) resources are available to recapitalize, repair. guideway system corridor by not less than 10 maintain, and operate the overall existing (7) SELECTION CRITERIA.—The Secretary percent. Core capacity improvement projects and proposed public transportation system, may enter into a full funding grant agree- do not include elements to improve general including essential feeder bus and other serv- ment with an applicant under this sub- station facilities or parking, or acquisition ices necessary, without degradation to the section for an eligible project for which an of rolling stock alone. existing level of public transportation serv- application has been submitted and approved (3) GRANT REQUIREMENTS.— ices. for advancement by the Secretary under (A) IN GENERAL.—The Secretary may make (ii) CONSIDERATIONS.—In assessing the sta- paragraph (4), only if the applicant has com- not more than 10 grants under this sub- bility, reliability, and availability of pro- pleted the planning and activities required section for an eligible project if the Sec- posed sources of financing under clause (i), under the National Environmental Policy retary determines that— the Secretary shall consider— Act of 1969 (42 U.S.C. 4321 et seq.). (i) the eligible project is part of an ap- (I) the reliability of the forecasting meth- (8) LETTERS OF INTENT AND FULL FUNDING proved transportation plan required under ods used to estimate costs and revenues GRANT AGREEMENTS.— sections 5303 and 5304 of title 49, United made by the applicant and the contractors to (A) LETTERS OF INTENT.— States Code; the applicant; (i) AMOUNTS INTENDED TO BE OBLIGATED.— (ii) the applicant has, or will have— (II) existing grant commitments; The Secretary may issue a letter of intent to

VerDate Sep 11 2014 12:25 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.046 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5246 CONGRESSIONAL RECORD — SENATE July 21, 2015 an applicant announcing an intention to ob- provide funding for the project in future fis- end of the 5-fiscal-year period may be used ligate, for an eligible project under this sub- cal years. by the Secretary for any purpose under this section, an amount from future available (II) TERMS OF EXPEDITED GRANT AGREE- subsection. budget authority specified in law that is not MENTS.—In executing an expedited grant (B) USE OF DEOBLIGATED AMOUNTS.—An more than the amount stipulated as the fi- agreement under this clause, the Secretary amount available under this subsection that nancial participation of the Secretary in the may include in the agreement terms similar is deobligated may be used for any purpose eligible project. When a letter is issued for to those established under clause (iii). under this subsection. an eligible project under this subsection, the (C) LIMITATION ON AMOUNTS.— (11) ANNUAL REPORT ON EXPEDITED PROJECT amount shall be sufficient to complete at (i) IN GENERAL.—The Secretary may enter DELIVERY FOR CAPITAL INVESTMENT GRANTS.— least an operable segment. into full funding grant agreements under Not later than the first Monday in February (ii) TREATMENT.—The issuance of a letter this paragraph for eligible projects that con- of each year, the Secretary shall submit to under clause (i) is deemed not to be an obli- tain contingent commitments to incur obli- the Committee on Banking, Housing, and gation under section 1108(c), 1501, or 1502(a) gations in such amounts as the Secretary de- Urban Affairs and the Committee on Appro- of title 31, United States Code, or an admin- termines are appropriate. priations of the Senate and the Committee istrative commitment. (ii) APPROPRIATION REQUIRED.—An obliga- on Transportation and Infrastructure and tion may be made under this paragraph only (B) FULL FUNDING GRANT AGREEMENTS.— the Committee on Appropriations of the when amounts are appropriated for obliga- (i) IN GENERAL.—Except as provided in House of Representatives a report that in- clause (v), an eligible project shall be carried tion. cludes a proposed amount to be available to (D) NOTIFICATION TO CONGRESS.— out under this subsection through a full finance grants for anticipated projects under (i) IN GENERAL.—Not later than 30 days be- funding grant agreement. this subsection. fore the date on which the Secretary issues (ii) CRITERIA.—The Secretary shall enter (12) BEFORE AND AFTER STUDY AND RE- a letter of intent or enters into a full funding into a full funding grant agreement, based PORT.— grant agreement for an eligible project under the requirements of this subparagraph, with (A) STUDY REQUIRED.—Each recipient shall this paragraph, the Secretary shall notify, in each applicant receiving assistance for an el- conduct a study that— writing, the Committee on Banking, Hous- (i) describes and analyzes the impacts of igible project that has received a written no- ing, and Urban Affairs and the Committee on tice of approval under paragraph (5)(A)(i). the eligible project on public transportation Appropriations of the Senate and the Com- services and public transportation ridership; (iii) TERMS.—A full funding grant agree- mittee on Transportation and Infrastructure ment shall— (ii) describes and analyzes the consistency and the Committee on Appropriations of the of predicted and actual benefits and costs of (I) establish the terms of participation by House of Representatives of the proposed let- the Federal Government in the eligible the innovative project development and de- ter of intent or full funding grant agreement. livery methods or innovative financing for project; (ii) CONTENTS.—The written notification (II) establish the maximum amount of Fed- the eligible project; and under clause (i) shall include a copy of the (iii) identifies reasons for any differences eral financial assistance for the eligible proposed letter of intent or full funding project; between predicted and actual outcomes for grant agreement for the eligible project. the eligible project. (III) include the period of time for com- (9) GOVERNMENT SHARE OF NET CAPITAL (B) SUBMISSION OF REPORT.—Not later than pleting construction of the eligible project, PROJECT COST.— 2 years after an eligible project that is se- consistent with the terms of the public-pri- (A) IN GENERAL.—A grant for an eligible lected under this subsection begins revenue vate partnership agreement, even if that pe- project shall not exceed 25 percent of the net operations, the recipient shall submit to the riod extends beyond the period of an author- capital project cost. Secretary a report on the results of the ization; and (B) REMAINDER OF NET CAPITAL PROJECT study conducted under subparagraph (A). (IV) make timely and efficient manage- COST.—The remainder of the net capital (13) RULE OF CONSTRUCTION.—Nothing in ment of the eligible project easier according project cost shall be provided from an undis- this subsection shall be construed to— to the law of the United States. tributed cash surplus, a replacement or de- (A) require the privatization of the oper- (iv) SPECIAL FINANCIAL RULES.— preciation cash fund or reserve, or new cap- (I) IN GENERAL.—A full funding grant ital. ation or maintenance of any project for which an applicant seeks funding under this agreement under this subparagraph obligates (C) LIMITATION ON STATUTORY CONSTRUC- subsection; an amount of available budget authority TION.—Nothing in this subsection shall be specified in law and may include a commit- construed as authorizing the Secretary to re- (B) revise the determinations by local poli- ment, contingent on amounts to be specified quire a non-Federal financial commitment cies, criteria, and decisionmaking under sec- in law in advance for commitments under for a project that is more than 75 percent of tion 5306(a) of title 49, United States Code; this subparagraph, to obligate an additional the net capital project cost. (C) alter the requirements for locally de- amount from future available budget author- (D) SPECIAL RULE FOR ROLLING STOCK veloped, coordinated, and implemented ity specified in law. COSTS.—In addition to amounts allowed pur- transportation plans under sections 5303 and (II) STATEMENT OF CONTINGENT COMMIT- suant to subparagraph (A), a planned exten- 5304 of title 49, United States Code; or MENT.—A full funding grant agreement shall sion to a fixed guideway system may include (D) alter the eligibilities or priorities for state that the contingent commitment is not the cost of rolling stock previously pur- assistance under this subsection or section an obligation of the Federal Government. chased if the applicant satisfies the Sec- 5309 of title 49, United States Code. (III) INTEREST AND OTHER FINANCING retary that only amounts other than SEC. 21007. MOBILITY OF SENIORS AND INDIVID- COSTS.—Interest and other financing costs of amounts provided by the Federal Govern- UALS WITH DISABILITIES. efficiently carrying out a part of the eligible ment were used and that the purchase was (a) COORDINATION OF PUBLIC TRANSPOR- project within a reasonable time are a cost made for use on the extension. A refund or TATION SERVICES WITH OTHER FEDERALLY AS- of carrying out the eligible project under a reduction of the remainder may be made SISTED LOCAL TRANSPORTATION SERVICES.— full funding grant agreement, except that el- only if a refund of a proportional amount of (1) DEFINITIONS.—In this subsection— igible costs may not be more than the cost of the grant of the Federal Government is made (A) the term ‘‘allocated cost model’’ means the most favorable financing terms reason- at the same time. a method of determining the cost of trips by ably available for the eligible project at the (E) FAILURE TO CARRY OUT PROJECT.—If an allocating the cost to each trip purpose time of borrowing. The applicant shall cer- applicant does not carry out an eligible served by a transportation provider in a tify, in a way satisfactory to the Secretary, project for reasons within the control of the manner that is proportional to the level of that the applicant has shown reasonable dili- applicant, the applicant shall repay all Fed- transportation service that the transpor- gence in seeking the most favorable financ- eral funds awarded for the eligible project tation provider delivers for each trip pur- ing terms. from all Federal funding sources, for all eli- pose, to the extent permitted by applicable (IV) COMPLETION OF OPERABLE SEGMENT.— gible project activities, facilities, and equip- Federal requirements; and The amount stipulated in an agreement ment, plus reasonable interest and penalty (B) the term ‘‘Council’’ means the Inter- under this subparagraph for a new fixed charges allowable by law. agency Transportation Coordinating Council guideway capital project, core capacity im- (F) CREDITING OF FUNDS RECEIVED.—Any on Access and Mobility established under Ex- provement project, or small start project funds received by the Federal Government ecutive Order 13330 (49 U.S.C. 101 note). shall be sufficient to complete at least an op- under this paragraph, other than interest (2) COORDINATING COUNCIL ON ACCESS AND erable segment. and penalty charges, shall be credited to the MOBILITY STRATEGIC PLAN.—Not later than 2 (v) EXCEPTION.— appropriation account from which the funds years after the date of enactment of this (I) IN GENERAL.—The Secretary, to the were originally derived. Act, the Council shall publish a strategic maximum extent practicable, shall provide (10) AVAILABILITY OF AMOUNTS.— plan for the Council that— Federal assistance under this subsection for (A) IN GENERAL.—An amount made avail- (A) outlines the role and responsibilities of a small start project in a single grant. If the able for an eligible project shall remain each Federal agency with respect to local Secretary cannot provide such a single available to that eligible project for 5 fiscal transportation coordination, including non- grant, the Secretary may execute an expe- years, including the fiscal year in which the emergency medical transportation; dited grant agreement in order to include a amount is made available. Any amounts that (B) identifies a strategy to strengthen commitment on the part of the Secretary to are unobligated to the eligible project at the interagency collaboration;

VerDate Sep 11 2014 12:25 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.046 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5247 (C) addresses any outstanding rec- (D) specific performance measures the eli- ‘‘(C) the deployment of low or no emission ommendations made by the Council in the gible project will use to quantify actual out- vehicles, zero emission vehicles, or associ- 2005 Report to the President relating to the comes against expected outcomes. ated advanced technology.’’; and implementation of Executive Order 13330, in- (4) GOVERNMENT SHARE OF COSTS.— (B) by striking paragraph (5) and inserting cluding— (A) IN GENERAL.—The Government share of the following: (i) a cost-sharing policy endorsed by the the cost of an eligible project carried out ‘‘(5) PROHIBITION.—The Secretary may not Council; and under this subsection shall not exceed 80 per- make grants under this subsection for the (ii) recommendations to increase participa- cent. demonstration, deployment, or evaluation of tion by recipients of Federal grants in lo- (B) NON-GOVERNMENT SHARE.—The non- a vehicle that is in revenue service unless Government share of the cost of an eligible cally developed, coordinated planning proc- the Secretary determines that the project project carried out under this subsection esses; and makes significant technological advance- may be derived from in-kind contributions. (D) to the extent feasible, addresses rec- ments in the vehicle. ommendations by the Comptroller General (5) RULE OF CONSTRUCTION.—For purposes of this subsection, non-emergency medical ‘‘(6) DEFINITIONS.—In this subsection— of the United States concerning local coordi- ‘‘(A) the term ‘direct carbon emissions’ nation of transportation services. transportation services shall be limited to services eligible under Federal programs means the quantity of direct greenhouse gas (3) DEVELOPMENT OF COST-SHARING POLICY other than programs authorized under chap- emissions from a vehicle, as determined by IN COMPLIANCE WITH APPLICABLE FEDERAL RE- ter 53 of title 49, United States Code. the Administrator of the Environmental QUIREMENTS.—In establishing the cost-shar- (c) TECHNICAL CORRECTION.—Section 5310(a) Protection Agency; ing policy required under paragraph (2), the of title 49, United States Code, is amended by ‘‘(B) the term ‘low or no emission vehicle’ Council may consider, to the extent prac- striking paragraph (1) and inserting the fol- means— ticable— lowing: ‘‘(i) a passenger vehicle used to provide (A) the development of recommended ‘‘(1) RECIPIENT.—The term ‘recipient’ public transportation that the Secretary de- strategies for grantees of programs funded means— termines sufficiently reduces energy con- by members of the Council, including strate- ‘‘(A) a designated recipient or a State that sumption or harmful emissions, including di- gies for grantees of programs that fund non- receives a grant under this section directly; emergency medical transportation, to use rect carbon emissions, when compared to a or comparable standard vehicle; or the cost-sharing policy in a manner that ‘‘(B) a State or local governmental entity does not violate applicable Federal require- ‘‘(ii) a zero emission vehicle used to pro- that operates a public transportation serv- vide public transportation; and ments; and ice.’’. (B) optional incorporation of an allocated ‘‘(C) the term ‘zero emission vehicle’ SEC. 21008. FORMULA GRANTS FOR RURAL means a low or no emission vehicle that pro- cost model to facilitate local coordination AREAS. efforts that comply with applicable require- Section 5311 of title 49, United States Code, duces no carbon or particulate matter.’’; ments of programs funded by members of the is amended— (4) by redesignating subsections (e) and (f) Council, such as— (1) in subsection (c)(1), as amended by divi- as subsections (f) and (g), respectively; (i) eligibility requirements; sion G, by striking subparagraphs (A) and (B) (5) by inserting after subsection (d) the fol- (ii) service delivery requirements; and and inserting the following: lowing: (iii) reimbursement requirements. ‘‘(A) $5,000,000 for each fiscal year shall be ‘‘(e) LOW OR NO EMISSION VEHICLE COMPO- distributed on a competitive basis by the (b) PILOT PROGRAM FOR INNOVATIVE COORDI- NENT ASSESSMENT.— Secretary. NATED ACCESS AND MOBILITY.— ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(B) $30,000,000 for each fiscal year shall be (1) DEFINITIONS.—In this subsection— ‘‘(A) the term ‘covered institution of high- apportioned as formula grants, as provided (A) the term ‘‘eligible project’’ has the er education’ means an institution of higher in subsection (j).’’; and meaning given the term ‘‘capital project’’ in education with which the Secretary enters (2) in subsection (j)(1)— section 5302 of title 49, United States Code; into a contract or cooperative agreement, or (A) in subparagraph (A)(iii), by striking and to which the Secretary makes a grant, under ‘‘(as defined by the Bureau of the Census)’’ (B) the term ‘‘eligible recipient’’ means a paragraph (2)(B) to operate a facility des- and inserting ‘‘(American Indian Areas, recipient or subrecipient, as those terms are Alaska Native Areas, and Hawaiian Home ignated under paragraph (2)(A); defined in section 5310 of title 49, United Lands, as defined by the Bureau of the Cen- ‘‘(B) the terms ‘direct carbon emissions’ States Code. sus)’’; and and ‘low or no emission vehicle’ have the (2) GENERAL AUTHORITY.—The Secretary (B) by adding at the end the following: meanings given those terms in subsection may make grants under this subsection to ‘‘(E) ALLOCATION BETWEEN MULTIPLE INDIAN (d)(6); eligible recipients to assist in financing in- TRIBES.—If more than 1 Indian tribe provides ‘‘(C) the term ‘institution of higher edu- novative projects for the transportation dis- public transportation service on tribal lands cation’ has the meaning given the term in advantaged that improve the coordination of in a single Tribal Statistical Area, and the section 102 of the Higher Education Act of transportation services and non-emergency Indian tribes do not determine how to allo- 1965 (20 U.S.C. 1002); and medical transportation services, including— cate the funds apportioned under clause (iii) ‘‘(D) the term ‘low or no emission vehicle (A) the deployment of coordination tech- of subparagraph (A) between the Indian component’ means an item that is separately nology; tribes, the Secretary shall allocate the funds installed in and removable from a low or no (B) projects that create or increase access such that each Indian tribe shall receive an emission vehicle. to community One-Call/One-Click Centers; amount equal to the total amount appor- ‘‘(2) ASSESSING LOW OR NO EMISSION VEHICLE and tioned under such clause (iii) multiplied by COMPONENTS.— (C) such other projects as determined by the ratio of the number of annual unlinked ‘‘(A) IN GENERAL.—The Secretary shall des- the Secretary. passenger trips provided by each Indian ignate not more than 2 facilities to conduct (3) APPLICATION.—An eligible recipient tribe, as reported to the National Transit testing, evaluation, and analysis of low or no shall submit to the Secretary an application Database, to the total unlinked passenger emission vehicle components intended for that, at a minimum, contains— trips provided by all the Indian tribes in the use in low or no emission vehicles. (A) a detailed description of the eligible Tribal Statistical Area.’’. ‘‘(B) OPERATION AND MAINTENANCE.— project; SEC. 21009. RESEARCH, DEVELOPMENT, DEM- ‘‘(i) IN GENERAL.—The Secretary shall (B) an identification of all eligible project ONSTRATION, AND DEPLOYMENT enter into a contract or cooperative agree- partners and their specific role in the eligi- PROGRAM. ment with, or make a grant to, not more ble project, including— (a) IN GENERAL.—Section 5312 of title 49, (i) private entities engaged in the coordi- United States Code, is amended— than 2 institutions of higher education to nation of non-emergency medical transpor- (1) in the section heading, by striking each operate and maintain a facility des- tation services for the transportation dis- ‘‘projects’’ and inserting ‘‘program’’; ignated under subparagraph (A). advantaged; or (2) in subsection (a), in the subsection ‘‘(ii) REQUIREMENTS.—An institution of (ii) nonprofit entities engaged in the co- heading, by striking ‘‘PROJECTS’’ and insert- higher education described in clause (i) shall ordination of non-emergency medical trans- ing ‘‘PROGRAM’’; have— portation services for the transportation dis- (3) in subsection (d)— ‘‘(I) previous experience with transpor- advantaged; (A) in paragraph (3)— tation-related advanced component and vehi- (C) a description of how the eligible project (i) in the matter preceding subparagraph cle evaluation; would— (A), by inserting ‘‘demonstration, deploy- ‘‘(II) laboratories capable of testing and (i) improve local coordination or access to ment, or evaluation’’ before ‘‘project that’’; evaluation; coordinated transportation services; (ii) in subparagraph (A), by striking ‘‘and’’ ‘‘(III) direct access to or a partnership with (ii) reduce duplication of service, if appli- at the end; a testing facility capable of emulating real- cable; and (iii) in subparagraph (B), by striking the world circumstances in order to test low or (iii) provide innovative solutions in the period at the end and inserting ‘‘; or’’; and no emission vehicle components installed on State or community; and (iv) by adding at the end the following: the intended vehicle;

VerDate Sep 11 2014 12:25 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.046 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5248 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(IV) extensive knowledge of public-pri- efforts necessary to advance certain projects ‘‘(v) the term ‘participate’ means to pur- vate partnerships in the transportation sec- to a subsequent research phase’’; and chase rolling stock and related equipment tor, with emphasis on development and eval- (7) by adding at the end the following: under a cooperative procurement contract uation of materials, products, and compo- ‘‘(h) COOPERATIVE RESEARCH PROGRAM.— using assistance provided under this chapter. nents; ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(B) GENERAL RULES.— ‘‘(V) the ability to reduce costs to partners tablish— ‘‘(i) PROCUREMENT NOT LIMITED TO INTRA- by leveraging existing programs to provide ‘‘(A) a public transportation cooperative STATE PARTICIPANTS.—A grantee may partici- complementary research, development, test- research program under this subsection; and pate in a cooperative procurement contract ing, and evaluation; and ‘‘(B) an independent governing board for without regard to whether the grantee is lo- ‘‘(VI) the means to conduct performance the program, which shall recommend public cated in the same State as the parties to the assessments on low or no emission vehicle transportation research, development, and contract. components based on industry standards. technology transfer activities the Secretary ‘‘(ii) VOLUNTARY PARTICIPATION.—Partici- ‘‘(C) FEES.—A covered institution of higher considers appropriate. pation by grantees in a cooperative procure- education shall establish and collect fees, ‘‘(2) FEDERAL ASSISTANCE.—The Secretary ment contract shall be voluntary. which shall be approved by the Secretary, for may make grants to, and cooperative agree- ‘‘(iii) CONTRACT TERMS.—The lead procure- the assessment of low or no emission compo- ments with, the National Academy of ment agency or lead nonprofit entity for a nents at the applicable facility designated Sciences to carry out activities under this cooperative procurement contract shall de- under subparagraph (A). subsection that the Secretary determines ap- velop the terms of the contract. ‘‘(D) AVAILABILITY OF AMOUNTS TO PAY FOR propriate. ‘‘(iv) DURATION.—A cooperative procure- ASSESSMENT.—The Secretary shall enter into ‘‘(3) GOVERNMENT SHARE.—If there would be ment contract— a contract or cooperative agreement with, or a clear and direct financial benefit to an en- ‘‘(I) subject to subclauses (II) and (III), make a grant to, each covered institution of tity under a grant or contract financed may be for an initial term of not more than higher education under which— under this section, the Secretary shall estab- 2 years; ‘‘(i) the Secretary shall pay 50 percent of lish a Government share consistent with ‘‘(II) may include not more than 3 optional the cost of assessing a low or no emission ve- that benefit.’’. extensions for terms of not more than 1 year hicle component at the applicable facility (b) TECHNICAL AND CONFORMING AMEND- each; and designated under subparagraph (A) from MENTS.— ‘‘(III) may be in effect for a total period of amounts made available to carry out this (1) TITLE 49.—Chapter 53 of title 49, United not more than 5 years, including each exten- section; and States Code, is amended by striking section sion authorized under subclause (II). ‘‘(ii) the remaining 50 percent of such cost 5313. ‘‘(v) ADMINISTRATIVE EXPENSES.—A lead shall be paid from amounts recovered (2) TABLE OF SECTIONS AMENDMENT.—The procurement agency or lead nonprofit entity, through the fees established and collected table of sections for chapter 53 of title 49, as applicable, that enters into a cooperative pursuant to subparagraph (C). United States Code, is amended by striking procurement contract— ‘‘(E) VOLUNTARY TESTING.—A manufacturer the items relating to sections 5312 and 5313 ‘‘(I) may charge the participants in the of a low or no emission vehicle component is and inserting the following: contract for the cost of administering, plan- not required to assess the low or no emission ning, and providing technical assistance for ‘‘5312. Research, development, demonstra- vehicle component at a facility designated the contract in an amount that is not more tion, and deployment program. under subparagraph (A). ‘‘[5313. Repealed.]’’. than 1 percent of the total value of the con- ‘‘(F) COMPLIANCE WITH SECTION 5318.—Not- tract; and SEC. 21010. PRIVATE SECTOR PARTICIPATION. withstanding whether a low or no emission ‘‘(II) with respect to the cost described in (a) IN GENERAL.—Section 5315 of title 49, vehicle component is assessed at a facility subclause (I), may incorporate the cost into United States Code, is amended by adding at designated under subparagraph (A), each new the price of the contract or directly charge the end the following: bus model shall comply with the require- the participants for the cost, but not both. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in ments under section 5318. ‘‘(2) STATE COOPERATIVE PROCUREMENT this section shall be construed to alter— ‘‘(G) SEPARATE FACILITY.—Each facility SCHEDULES.— ‘‘(1) the eligibilities, requirements, or pri- designated under subparagraph (A) shall be ‘‘(A) AUTHORITY.—A State government ority for assistance provided under this separate and distinct from the facility oper- may enter into a cooperative procurement chapter; or ated and maintained under section 5318. contract with 1 or more vendors if— ‘‘(2) the requirements of section 5306(a).’’. ‘‘(3) LOW OR NO EMISSION VEHICLE COMPO- ‘‘(i) the vendors agree to provide an option (b) MAP-21 TECHNICAL CORRECTION.—Sec- NENT PERFORMANCE REPORTS.—Not later than to purchase rolling stock and related equip- tion 20013(d) of the Moving Ahead for 2 years after the date of enactment of the ment to the State government and any other Progress in the 21st Century Act (Public Law Federal Public Transportation Act of 2015, participant; and 112–141; 126 Stat. 694) is amended by striking and annually thereafter, the Secretary shall ‘‘(ii) the State government acts through- ‘‘5307(c)’’ and inserting ‘‘5307(b)’’. issue a report on low or no emission vehicle out the term of the contract as the lead pro- component assessments conducted at each SEC. 21011. INNOVATIVE PROCUREMENT. curement agency. facility designated under paragraph (2)(A), (a) IN GENERAL.—Chapter 53 of title 49, ‘‘(B) APPLICABILITY OF POLICIES AND PROCE- which shall include information related to United States Code, is amended by inserting DURES.—In procuring rolling stock and re- the maintainability, reliability, perform- after section 5315 the following: lated equipment under a cooperative pro- ance, structural integrity, efficiency, and ‘‘§ 5316. Innovative procurement curement contract under this subsection, a noise of those low or no emission vehicle ‘‘(a) DEFINITION.—In this section, the term State government shall comply with the components. ‘grantee’ means a recipient or subrecipient policies and procedures that apply to pro- ‘‘(4) PUBLIC AVAILABILITY OF ASSESS- of assistance under this chapter. curement by the State government when MENTS.—Each assessment conducted at a fa- ‘‘(b) COOPERATIVE PROCUREMENT.— using non-Federal funds, to the extent that cility designated under paragraph (2)(A) ‘‘(1) DEFINITIONS; GENERAL RULES.— the policies and procedures are in conform- shall be made publically available, including ‘‘(A) DEFINITIONS.—In this subsection— ance with applicable Federal law. to affected industries. ‘‘(i) the term ‘cooperative procurement ‘‘(3) PILOT PROGRAM FOR NONPROFIT COOPER- ‘‘(5) RULE OF CONSTRUCTION.—Nothing in contract’ means a contract— ATIVE PROCUREMENTS.— this subsection shall be construed to re- ‘‘(I) entered into between a State govern- ‘‘(A) ESTABLISHMENT.—The Secretary shall quire— ment or eligible nonprofit and 1 or more ven- establish and carry out a pilot program to ‘‘(A) a low or no emission vehicle compo- dors; and demonstrate the effectiveness of cooperative nent to be tested at a facility designated ‘‘(II) under which the vendors agree to pro- procurement contracts administered by non- under paragraph (2)(A); or vide an option to purchase rolling stock and profit entities. ‘‘(B) the development or disclosure of a pri- related equipment to multiple participants; ‘‘(B) DESIGNATION.—In carrying out the vately funded component assessment.’’; ‘‘(ii) the term ‘eligible nonprofit entity’ program under this paragraph, the Secretary (6) in subsection (f), as so redesignated— means— shall designate not less than 1 eligible non- (A) in paragraph (2), by striking ‘‘and’’ at ‘‘(I) a nonprofit entity that is not a grant- profit entity to enter into a cooperative pro- the end; ee; or curement contract under which the non- (B) by redesignating paragraph (3) as para- ‘‘(II) a consortium of entities described in profit entity acts throughout the term of the graph (4); subclause (I); contract as the lead nonprofit entity. (C) by inserting after paragraph (2) the fol- ‘‘(iii) the terms ‘lead nonprofit entity’ and ‘‘(C) NUMBER OF ENTITIES.—The Secretary lowing: ‘lead procurement agency’ mean an eligible may designate not more than 3 geographi- ‘‘(3) a list of any projects that returned nonprofit entity or a State government, re- cally diverse eligible nonprofit entities negative results in the preceding fiscal year spectively, that acts in an administrative ca- under subparagraph (B). and an analysis of such results; and’’; and pacity on behalf of each participant in a co- ‘‘(D) NOTICE OF INTENT TO PARTICIPATE.—At (D) in paragraph (4), as so redesignated, by operative procurement contract; a time determined appropriate by the lead inserting before the period at the end the fol- ‘‘(iv) the term ‘participant’ means a grant- nonprofit entity, each participant in a coop- lowing: ‘‘based on projects in the pipeline, ee that participates in a cooperative pro- erative procurement contract under this ongoing projects, and anticipated research curement contract; and paragraph shall submit to the lead nonprofit

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entity a nonbinding notice of intent to par- ticular population size apply to participate (b) TECHNICAL AND CONFORMING AMEND- ticipate. in the program. MENTS.— ‘‘(c) LEASING ARRANGEMENTS.— ‘‘(C) PARTICIPANT REQUIREMENTS.— (1) TABLE OF SECTIONS.—The table of sec- ‘‘(1) CAPITAL LEASE DEFINED.— ‘‘(i) IN GENERAL.—A grantee that partici- tions for chapter 53 of title 49, United States ‘‘(A) IN GENERAL.—In this subsection, the pates in the program shall— Code, is amended by inserting after the item term ‘capital lease’ means any agreement ‘‘(I) enter into a capital lease for a period relating to section 5315 the following: under which a grantee acquires the right to of not less than 5 years; and ‘‘5316. Innovative procurement.’’. use rolling stock or related equipment for a 1 ‘‘(II) replace not less than ⁄4 of the grant- (2) CONFORMING AMENDMENT.—Section specified period of time, in exchange for a ee’s fleet through the capital lease. 5325(e)(2) of title 49, United States Code, is periodic payment. ‘‘(ii) VEHICLE REQUIREMENTS.—The vehicles amended by inserting after ‘‘this subsection’’ ‘‘(B) MAINTENANCE.—A capital lease may replaced under clause (i)(II), with respect to the following: ‘‘, section 5316,’’. require that the lessor provide maintenance the fleet as constituted on the day before the SEC. 21012. HUMAN RESOURCES AND TRAINING. of the rolling stock or related equipment date on which the capital lease is entered Section 5322 of title 49, United States Code, covered by the lease. into, shall— is amended— ‘‘(2) PROGRAM TO SUPPORT INNOVATIVE LEAS- ‘‘(I) be the oldest vehicles in the fleet; or (1) in subsection (b)— ING ARRANGEMENTS.— ‘‘(II) produce the highest quantity of direct (A) in paragraph (1), in the paragraph head- ‘‘(A) AUTHORITY.—A grantee may use as- greenhouse gas emissions relative to the ing, by striking ‘‘PROGRAM ESTABLISHED’’ and sistance provided under this chapter to enter other vehicles in the fleet, as determined by N GENERAL’’; into a capital lease if— inserting ‘‘I the Administrator of the Environmental ‘‘(i) the rolling stock or related equipment (B) by redesignating paragraph (2) as para- covered under the lease is eligible for capital Protection Agency. graph (3); assistance under this chapter; and ‘‘(iii) WAIVER OF FEDERAL INTEREST RE- (C) by inserting after paragraph (1) the fol- ‘‘(ii) there is or will be no Federal interest QUIREMENTS.—If a grantee participating in lowing: in the rolling stock or related equipment the program seeks to replace vehicles that ‘‘(2) PROGRAMS.—A program eligible for as- covered under the lease as of the date on have a remaining Federal interest, the Sec- sistance under subsection (a) shall— which the lease takes effect. retary shall— ‘‘(A) provide skills training, on-the-job ‘‘(B) GRANTEE REQUIREMENTS.—A grantee ‘‘(I) evaluate the economic and environ- training, and work-based learning; that enters into a capital lease shall— mental benefits of waiving the Federal inter- ‘‘(B) offer career pathways that support ‘‘(i) maintain an inventory of the rolling est, as demonstrated by the grantee; the movement from initial or short-term em- stock or related equipment acquired under ‘‘(II) if the grantee demonstrates a net eco- ployment opportunities to sustainable ca- the lease; and nomic or environmental benefit, grant an reers; ‘‘(ii) maintain on the accounting records of early disposition of the vehicles; and ‘‘(C) address current or projected work- the grantee the liability of the grantee under ‘‘(III) publish each evaluation and final de- force shortages; the lease. termination of the Secretary under this ‘‘(D) replicate successful workforce devel- ‘‘(C) ELIGIBLE LEASE COSTS.—The costs for clause in a conspicuous location on the opment models; or which a grantee may use assistance under website of the Federal Transit Administra- ‘‘(E) respond to such other workforce needs this chapter, with respect to a capital lease, tion. as the Secretary determines appropriate.’’; include— ‘‘(D) PARTICIPANT BENEFIT.—During the pe- (D) in paragraph (3), as so redesignated— ‘‘(i) the cost of the rolling stock or related riod during which a capital lease described in (i) in subparagraph (G), by striking ‘‘and’’ equipment; subparagraph (C)(i)(I), entered into by a at the end; ‘‘(ii) associated financing costs, including grantee participating in the program, is in (ii) in subparagraph (H), by striking the pe- interest, legal fees, and financial advisor effect, the limit on the Government share of riod at the end and inserting ‘‘; and’’; and fees; operating expenses under subsection (d)(2) of (iii) by adding at the end the following: ‘‘(iii) ancillary costs such as delivery and section 5307, subsection (d)(2) of section 5310, ‘‘(I) give priority to minorities, women, in- installation charges; and or subsection (g)(2) of section 5311 shall not dividuals with disabilities, veterans, low-in- ‘‘(iv) maintenance costs. apply with respect to any grant awarded to come populations, and other underserved ‘‘(D) TERMS.—A grantee shall negotiate the the grantee under the applicable section. populations.’’; and terms of any lease agreement that the grant- ‘‘(E) REPORTING REQUIREMENT.—Not later (E) by adding at the end the following: ee enters into. than 3 years after the date on which a grant- ‘‘(4) COORDINATION.—A recipient of assist- ‘‘(E) APPLICABILITY OF PROCUREMENT RE- ee enters into a capital lease under the pro- ance under this subsection shall— QUIREMENTS.— gram, the grantee shall submit to the Sec- ‘‘(A) identify the workforce needs and com- ‘‘(i) LEASE REQUIREMENTS.—Part 639 of title retary a report that contains— mensurate training needs at the local level 49, Code of Federal Regulations, or any suc- ‘‘(i) an evaluation of the overall costs and in coordination with entities such as local cessor regulation, and implementing guid- benefits of leasing rolling stock; employers, local public transportation oper- ance applicable to leasing shall not apply to ‘‘(ii) a cost comparison of leasing versus ators, labor union organizations, workforce a capital lease. buying rolling stock; development boards, State workforce agen- ‘‘(ii) BUY AMERICA.—The requirements ‘‘(iii) a comparison of the expected short- cies, State apprenticeship agencies (where under section 5323(j) shall apply to a capital term and long-term maintenance costs of applicable), university transportation cen- lease. leasing versus buying rolling stock; and ters, community colleges, and community- ‘‘(3) INCENTIVE PROGRAM FOR CAPITAL LEAS- ‘‘(iv) a projected budget showing the based organizations representing minorities, ING OF ROLLING STOCK.— changes in overall operating and capital ex- women, disabled individuals, veterans, and ‘‘(A) AUTHORITY.—The Secretary shall penses due to the capital lease that the low-income populations; and carry out an incentive program for capital grantee entered into under the program. ‘‘(B) to the extent practicable, conduct leasing of rolling stock (referred to in this ‘‘(4) INCENTIVE PROGRAM FOR CAPITAL LEAS- local training programs in coordination with paragraph as the ‘program’). ING OF CERTAIN ZERO EMISSION VEHICLE COM- existing local training programs supported ‘‘(B) SELECTION OF PARTICIPANTS.— PONENTS.— by the Secretary, the Department of Labor ‘‘(i) IN GENERAL.—The Secretary shall se- ‘‘(A) DEFINITIONS.—In this paragraph— (including registered apprenticeship pro- lect not less than 6 grantees to participate in ‘‘(i) the term ‘removable power source’— grams), and the Department of Education. the program, which shall be— ‘‘(I) means a power source that is sepa- ‘‘(5) PROGRAM OUTCOMES.—A recipient of ‘‘(I) geographically diverse; and rately installed in, and removable from, a assistance under this subsection shall dem- ‘‘(II) evenly distributed among grantees in zero emission vehicle; and onstrate outcomes for any program that in- accordance with clause (ii). ‘‘(II) may include a battery, a fuel cell, an cludes skills training, on-the-job training, ‘‘(ii) POPULATION SIZE.—In selecting an ultra-capacitor, or other advanced power and work-based learning, including— even distribution of grantees under clause source used in a zero emission vehicle; and ‘‘(A) the impact on reducing public trans- (i)(II), the Secretary shall select not less ‘‘(ii) the term ‘zero emission vehicle’ has portation workforce shortages in the area than— the meaning given the term in section served; ‘‘(I) 2 grantees that serve rural areas; 5339(c). ‘‘(B) the diversity of training participants; ‘‘(II) 2 grantees that serve urbanized areas ‘‘(B) LEASED POWER SOURCES.—Notwith- ‘‘(C) the number of participants obtaining with a population of fewer than 200,000 indi- standing any other provision of law, for pur- certifications or credentials required for spe- viduals, as determined by the Bureau of the poses of this subsection, the cost of a remov- cific types of employment; Census; and able power source that is necessary for the ‘‘(D) employment outcomes, including job ‘‘(III) 2 grantees that serve urbanized areas operation of a zero emission vehicle shall not placement, job retention, and wages, using with a population of 200,000 or more individ- be treated as part of the cost of the vehicle performance metrics established in consulta- uals, as determined by the Bureau of the if the removable power source is acquired tion with the Secretary and the Secretary of Census. using a capital lease. Labor and consistent with metrics used by ‘‘(iii) WAIVER.—The Secretary may waive a ‘‘(C) ELIGIBLE CAPITAL LEASE.—A grantee programs under the Workforce Innovation requirement under clause (ii) if an insuffi- may acquire a removable power source by and Opportunity Act (29 U.S.C. 3101 et seq.); cient number of eligible grantees of a par- itself through a capital lease.’’. and

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.046 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5250 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(E) to the extent practical, evidence that United States in a sufficient and reasonably (1) in subsection (b)(2)— the program did not preclude workers who available amount; (A) in subparagraph (C), by striking ‘‘and’’ are participating in skills training, on-the- ‘‘(ii) the item produced in the United at the end; job training, and work-based learning from States is of a satisfactory quality; and (B) by redesignating subparagraph (D) as being referred to, or hired on, projects fund- ‘‘(iii) includes a list of known manufactur- subparagraph (E); and ed under this chapter without regard to the ers in the United States from which the item (C) by inserting after subparagraph (C) the length of time of their participation in the can be obtained. following: program.’’; and ‘‘(B) DISCLOSURE.—The Secretary shall dis- ‘‘(D) minimum safety standards to ensure (2) in subsection (d), by striking paragraph close the waiver denial and the written cer- the safe operation of public transportation (4) and inserting the following: tification to the public in an easily identifi- systems that— ‘‘(4) USE FOR TECHNICAL ASSISTANCE.—The able location on the website of the Depart- ‘‘(i) are not related to performance stand- Secretary may use not more than 1 percent ment of Transportation.’’; ards for public transportation vehicles devel- of the amounts made available to carry out (D) in paragraph (8), as so redesignated, by oped under subparagraph (C); and this section to provide technical assistance striking ‘‘Federal Public Transportation Act ‘‘(ii) to the extent practicable, take into for activities and programs developed, con- of 2012’’ and inserting ‘‘Federal Public Trans- consideration— ducted, and overseen under this subsection. portation Act of 2015’’; and ‘‘(I) relevant recommendations of the Na- ‘‘(5) AVAILABILITY OF AMOUNTS.— (E) by inserting after paragraph (11), as so tional Transportation Safety Board; ‘‘(A) IN GENERAL.—Not more than 0.5 per- redesignated, the following: ‘‘(II) best practices standards developed by cent of the amounts made available to a re- ‘‘(12) PRODUCTION IN UNITED STATES.—For the public transportation industry; cipient under sections 5307, 5337, and 5339 is purposes of this subsection, steel and iron ‘‘(III) any minimum safety standards or available for expenditure by the recipient, may be considered produced in the United performance criteria being implemented with the approval of the Secretary, to pay States if all the manufacturing processes, across the public transportation industry; not more than 80 percent of the cost of eligi- except metallurgical processes involving re- and ble activities under this subsection. finement of steel additives, took place in the ‘‘(IV) any additional information that the ‘‘(B) EXISTING PROGRAMS.—A recipient may United States. Secretary determines necessary and appro- use amounts made available under paragraph ‘‘(13) DEFINITION OF SMALL PURCHASE.—For priate; and’’; (A) to carry out existing local education and purposes of determining whether a purchase (2) in subsection (f)(2), by inserting after training programs for public transportation qualifies for a general public interest waiver ‘‘public transportation system of a recipi- employees supported by the Secretary, the under paragraph (2)(A) of this subsection, in- ent’’ the following: ‘‘or the public transpor- Department of Labor, or the Department of cluding under any regulation promulgated tation industry generally’’; Education.’’. under that paragraph, the term ‘small pur- (3) in subsection (g)(1), in the matter pre- ceding subparagraph (A), by striking ‘‘an eli- SEC. 21013. GENERAL PROVISIONS. chase’ means a purchase of not more than $150,000.’’; gible State, as defined in subsection (e),’’ and Section 5323 of title 49, United States Code, inserting ‘‘a recipient’’; and is amended— (2) in subsection (q)(1), by striking the sec- ond sentence; and (4) by adding at the end the following: (1) in subsection (j)— ‘‘(l) FOIA EXEMPTION.— (3) by adding at the end the following: (A) in paragraph (2), by striking subpara- ‘‘(1) DEFINITION.—In this subsection, the ‘‘(s) VALUE CAPTURE REVENUE ELIGIBLE FOR graph (C) and inserting the following: term ‘covered record’— LOCAL SHARE.—Notwithstanding any other ‘‘(C) when procuring rolling stock (includ- ‘‘(A) means any record that the Secretary provision of law, a recipient of assistance ing train control, communication, and trac- obtains under a provision of, or regulation or under this chapter may use the revenue gen- tion power equipment, and rolling stock pro- order under, this section that relates to the totypes) under this chapter— erated from value capture financing mecha- establishment, implementation, or modifica- ‘‘(i) the cost of components and subcompo- nisms as local matching funds for capital tion of a public transportation agency safety nents produced in the United States— projects and operating costs eligible under plan; and ‘‘(I) for fiscal years 2016 and 2017, is more this chapter. ‘‘(B) includes a public transportation agen- than 60 percent of the cost of all components ‘‘(t) VALUE ENGINEERING.—Nothing in this cy’s analysis of its safety risks and its state- of the rolling stock; chapter shall be construed to authorize the ment of the mitigation measures with which ‘‘(II) for fiscal years 2018 and 2019, is more Secretary to mandate the use of value engi- it will address those risks. neering in projects funded under this chap- than 65 percent of the cost of all components ‘‘(2) EXEMPTION.—Except as necessary for of the rolling stock; and ter.’’. the Secretary or another Federal agency to ‘‘(III) for fiscal year 2020 and each fiscal SEC. 21014. PROJECT MANAGEMENT OVERSIGHT. enforce or carry out any provision of Federal year thereafter, is more than 70 percent of Section 5327 of title 49, United States Code, law, any part of any covered record is ex- the cost of all components of the rolling is amended— empt from the requirements of section 552 of stock; and (1) in subsection (c), by striking ‘‘section title 5 if the covered record is— ‘‘(ii) final assembly of the rolling stock has 5338(i)’’ and inserting ‘‘section 5338(h)’’; and ‘‘(A) supplied to the Secretary pursuant to occurred in the United States; or’’; (2) in subsection (d)— the review or audit of a public transpor- (B) by resdesignating paragraphs (5) (A) in paragraph (1)— tation agency safety plan; or through (9) as paragraphs (7) through (11), re- (i) by striking ‘‘section 5338(i)’’ and insert- ‘‘(B) made available for inspection and spectively; ing ‘‘section 5338(h)’’; and copying by an officer, employee, or agent of (C) by inserting after paragraph (4) the fol- (ii) by striking ‘‘and’’ at the end; and the Secretary pursuant to a public transpor- lowing: (B) by striking paragraph (2) and inserting tation agency safety plan. ‘‘(5) ROLLING STOCK FRAMES OR CAR the following: ‘‘(3) EXCEPTION.—Notwithstanding para- SHELLS.—In carrying out paragraph (2)(C) in ‘‘(2) a requirement that oversight— graph (2), the Secretary may disclose any the case of a rolling stock procurement re- ‘‘(A) begin during the project development part of a covered record comprised of facts ceiving assistance under this chapter in phase of a project, unless the Secretary finds otherwise available to the public if, in the which the average cost of a rolling stock ve- it more appropriate to begin the oversight Secretary’s sole discretion, the Secretary de- hicle in the procurement is more than during another phase of the project, to maxi- termines that disclosure would be consistent $300,000, if rolling stock frames or car shells mize the transportation benefits and cost with the confidentiality needed for a public are not produced in the United States, the savings associated with project management transportation agency safety plan. Secretary shall include in the calculation of oversight; and ‘‘(4) DISCRETIONARY PROHIBITION OF DISCLO- the domestic content of the rolling stock the ‘‘(B) be limited to quarterly reviews of SURE.—The Secretary may prohibit the pub- cost of steel or iron used in the rolling stock compliance by the recipient with the project lic disclosure of risk analyses or risk mitiga- frames or car shells if— management plan approved under subsection tion analyses that the Secretary has ob- ‘‘(A) all manufacturing processes for the (b) unless the Secretary finds that the recipi- tained under other provisions of, or regula- steel or iron occur in the United States; and ent requires more frequent oversight because tions or orders under, this chapter if the Sec- ‘‘(B) the amount of steel or iron used in the the recipient has, for 2 consecutive quarterly retary determines that the prohibition of rolling stock frames or car shells is signifi- reviews, failed to meet the requirements of public disclosure is necessary to promote cant. such plan and the project is at risk of going public transportation safety.’’. ‘‘(6) CERTIFICATION OF DOMESTIC SUPPLY over budget or becoming behind schedule; (b) REVIEW OF PUBLIC TRANSPORTATION AND DISCLOSURE.— and SAFETY STANDARDS.— ‘‘(A) CERTIFICATION OF DOMESTIC SUPPLY.— ‘‘(3) a process for recipients that the Sec- (1) REVIEW REQUIRED.— If the Secretary denies an application for a retary has found require more frequent over- (A) IN GENERAL.—Not later than 90 days waiver under paragraph (2), the Secretary sight to return to quarterly reviews for pur- after the date of enactment of this Act, the shall provide to the applicant a written cer- poses of paragraph (2)(B).’’. Secretary shall commence a review of the tification that— SEC. 21015. PUBLIC TRANSPORTATION SAFETY safety standards and protocols used in rail ‘‘(i) the steel, iron, or manufactured goods, PROGRAM. fixed guideway public transportation sys- as applicable, (referred to in this subpara- (a) IN GENERAL.—Section 5329 of title 49, tems in the United States that examines the graph as the ‘item’) is produced in the United States Code, is amended— efficacy of existing standards and protocols.

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(B) CONTENTS OF REVIEW.—In conducting ommendations for legislative changes where ‘‘(E) $2,000,000 for each of fiscal years 2016 the review under this paragraph, the Sec- applicable; and through 2021 shall be available for the pilot retary shall review— (D) actions that the Secretary will take to program for innovative coordinated access (i) minimum safety performance standards address the recommendations provided under and mobility under section 21007(b) of the developed by the public transportation in- subparagraph (C), including, if necessary, the Federal Public Transportation Act of 2015; dustry; establishment of Federal minimum public ‘‘(F) $633,631,500 for fiscal year 2016, (ii) safety performance standards, prac- transportation safety standards. $647,618,915 for fiscal year 2017, $662,352,246 for tices, or protocols in use by rail fixed guide- SEC. 21016. STATE OF GOOD REPAIR GRANTS. fiscal year 2018, $678,308,311 for fiscal year way public transportation systems, includ- Section 5337 of title 49, United States Code, 2019, $695,418,638 for fiscal year 2020, and ing— is amended— $713,004,385 for fiscal year 2021 shall be avail- (I) written emergency plans and procedures (1) in subsection (c)— able to provide financial assistance for rural for passenger evacuations; (A) in paragraph (1), by striking ‘‘section areas under section 5311, of which not less (II) training programs to ensure public 5338(a)(2)(I)’’ and inserting ‘‘section than— transportation personnel compliance and 5338(a)(2)(L)’’; and ‘‘(i) $35,000,000 for each of fiscal years 2016 readiness in emergency situations; (B) in paragraph (2)(B), by inserting ‘‘the through 2021 shall be available to carry out (III) coordination plans with local emer- provisions of’’ before ‘‘section 5336(b)(1)’’; section 5311(c)(1); and gency responders having jurisdiction over a (2) in subsection (d)— ‘‘(ii) $20,000,000 for each of fiscal years 2016 rail fixed guideway public transportation (A) in paragraph (2), by striking ‘‘section through 2021 shall be available to carry out system, including— 5338(a)(2)(I)’’ and inserting ‘‘section section 5311(c)(2); (aa) emergency preparedness training, 5338(a)(2)(L)’’; and ‘‘(G) $30,000,000 for each of fiscal years 2016 drills, and familiarization programs for (B) by adding at the end the following: through 2021 shall be available to carry out those first responders; and ‘‘(5) USE OF FUNDS.—Amounts apportioned section 5312, of which— (bb) the scheduling of regular field exer- under this subsection may be used for any ‘‘(i) $5,000,000 for each of fiscal years 2016 cises to ensure appropriate response and ef- project that is an eligible project under sub- through 2021 shall be available to carry out fective radio and public safety communica- section (b)(1).’’; and section 5312(e); and tions; (3) by adding at the end the following: ‘‘(ii) $5,000,000 for each of fiscal years 2016 (IV) maintenance, testing, and inspection ‘‘(e) GOVERNMENT SHARE OF COSTS.— through 2021 shall be available to carry out programs to ensure the proper functioning ‘‘(1) CAPITAL PROJECTS.—A grant for a cap- section 5312(h); of— ital project under this section shall be for 80 ‘‘(H) $4,000,000 for each of fiscal years 2016 (aa) tunnel, station, and vehicle ventila- percent of the net project cost of the project. through 2021 shall be available to carry out tion systems; The recipient may provide additional local section 5314; (bb) signal and train control systems, matching amounts. ‘‘(I) $3,000,000 for each of fiscal years 2016 track, mechanical systems, and other infra- ‘‘(2) REMAINING COSTS.—The remainder of through 2021 shall be available for bus test- structure; and the net project costs shall be provided from ing under section 5318; (cc) other systems as necessary; an undistributed cash surplus, a replacement ‘‘(J) $5,000,000 for each of fiscal years 2016 (V) certification requirements for train or depreciation cash fund or reserve, or new through 2021 shall be available for the na- and bus operators and control center em- capital.’’. tional transit institute under section 5322(d); ployees; SEC. 21017. AUTHORIZATIONS. ‘‘(K) $4,000,000 for each of fiscal years 2016 (VI) consensus-based standards, practices, Section 5338 of title 49, United States Code, through 2021 shall be available to carry out or protocols available to the public transpor- as amended by division G, is amended to read section 5335; tation industry; and as follows: ‘‘(L) $2,328,342,500 for fiscal year 2016, (VII) any other standards, practices, or ‘‘§ 5338. Authorizations $2,379,740,661 for fiscal year 2017, $2,433,879,761 protocols the Secretary determines appro- for fiscal year 2018, $2,492,511,924 for fiscal ‘‘(a) GRANTS.— priate; and year 2019, $2,555,385,537 for fiscal year 2020, ‘‘(1) IN GENERAL.—There shall be available (iii) vehicle safety standards, practices, or and $2,620,006,127 for fiscal year 2021 shall be protocols in use by public transportation from the Mass Transit Account of the High- available to carry out section 5337; systems, concerning— way Trust Fund to carry out sections 5305, ‘‘(M) $534,750,000 for fiscal year 2016, (I) bus design and the workstation of bus 5307, 5310, 5311, 5312, 5314, 5318, 5322(b), 5322(d), $550,748,856 for fiscal year 2017, $567,600,893 for operators, as it relates to— 5335, 5337, 5339, and 5340, section 20005(b) of fiscal year 2018, $585,851,498 for fiscal year (aa) the reduction of blindspots that con- the Federal Public Transportation Act of 2019, $605,422,352 for fiscal year 2020, and tribute to accidents involving pedestrians; 2012, and section 21007(b) of the Federal Pub- $625,536,993 for fiscal year 2021 shall be avail- and lic Transportation Act of 2015— able for the bus and bus facilities program (bb) protecting bus operators from the risk ‘‘(A) $9,346,415,125 for fiscal year 2016; under section 5339(a); of assault; and ‘‘(B) $9,551,368,589 for fiscal year 2017; ‘‘(N) $190,000,000 for each of fiscal years 2016 (II) scheduling fixed route bus service with ‘‘(C) $9,767,251,724 for fiscal year 2018; adequate time and access for operators to ‘‘(D) $10,001,051,238 for fiscal year 2019; through 2021 shall be available for bus and use restroom facilities. ‘‘(E) $10,251,763,806 for fiscal year 2020; and bus facilities competitive grants under sec- tion 5339(b) and no or low emission grants (2) EVALUATION.—After conducting the re- ‘‘(F) $10,509,442,553 for fiscal year 2021. under section 5339(c), of which $55,000,000 for view under paragraph (1), the Secretary ‘‘(2) ALLOCATION OF FUNDS.—Of the shall, in consultation with representatives of amounts made available under paragraph each of fiscal years 2016 through 2021 shall be the public transportation industry, evaluate (1)— available to carry out section 5339(c); the need to establish Federal minimum pub- ‘‘(A) $132,020,000 for fiscal year 2016, ‘‘(O) $548,250,750 for fiscal year 2016, lic transportation safety standards, includ- $134,934,342 for fiscal year 2017, $138,004,098 for $560,353,385 for fiscal year 2017, $573,101,425 for ing— fiscal year 2018, $141,328,616 for fiscal year fiscal year 2018, $586,907,438 for fiscal year (A) standards governing worker safety; 2019, $144,893,631 for fiscal year 2020, and 2019, $601,712,178 for fiscal year 2020, and (B) standards for the operation of signals, $148,557,701 for fiscal year 2021 shall be avail- $616,928,276 for fiscal year 2021 shall be allo- track, on-track equipment, mechanical sys- able to carry out section 5305; cated in accordance with section 5340 to pro- tems, and control systems; and ‘‘(B) $10,000,000 for each of fiscal years 2016 vide financial assistance for urbanized areas (C) any other areas the Secretary, in con- through 2021 shall be available to carry out under section 5307 and rural areas under sec- sultation with the public transportation in- section 20005(b) of the Federal Public Trans- tion 5311; and dustry, determines require further evalua- portation Act of 2012; ‘‘(P) $4,000,000 for each of fiscal years 2016 tion. ‘‘(C) $4,648,142,625 for fiscal year 2016, through 2021 shall be available to carry out section 5322(b). (3) REPORT.—Upon completing the review $4,750,750,373 for fiscal year 2017, $4,858,829,944 ‘‘(b) RESEARCH, DEVELOPMENT, DEMONSTRA- and evaluation required under paragraphs (1) for fiscal year 2018, $4,975,879,158 for fiscal TION, AND DEPLOYMENT PROGRAM.—There are and (2), respectively, and not later than 1 year 2019, $5,101,395,710 for fiscal year 2020, authorized to be appropriated to carry out year after the date of enactment of this Act, and $5,230,399,804 for fiscal year 2021 shall be section 5312, other than subsections (e) and the Secretary shall submit to the Committee allocated in accordance with section 5336 to (h) of that section, $20,000,000 for each of fis- on Banking, Housing, and Urban Affairs of provide financial assistance for urbanized cal years 2016 through 2021. the Senate and the Committee on Transpor- areas under section 5307; ‘‘(c) TECHNICAL ASSISTANCE AND STANDARDS tation and Infrastructure of the of House of ‘‘(D) $269,277,750 for fiscal year 2016, DEVELOPMENT.—There are authorized to be Representatives a report that includes— $275,222,056 for fiscal year 2017, $281,483,358 for appropriated to carry out section 5314, (A) findings based on the review conducted fiscal year 2018, $288,264,292 for fiscal year $7,000,000 for each of fiscal years 2016 through under paragraph (1); 2019, $295,535,759 for fiscal year 2020, and 2021. (B) the outcome of the evaluation con- $303,009,267 for fiscal year 2021 shall be avail- ‘‘(d) HUMAN RESOURCES AND TRAINING.— ducted under paragraph (2); able to provide financial assistance for serv- There are authorized to be appropriated to (C) a comprehensive set of recommenda- ices for the enhanced mobility of seniors and carry out subsections (a), (b), (c), and (e) of tions to improve the safety of the public individuals with disabilities under section section 5322, $5,000,000 for each of fiscal years transportation industry, including rec- 5310; 2016 through 2021.

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‘‘(e) EMERGENCY RELIEF PROGRAM.—There ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST ‘‘(6) TRANSFERS OF APPORTIONMENTS.— are authorized to be appropriated such sums FUND.—A grant or contract that is approved ‘‘(A) TRANSFER FLEXIBILITY FOR NATIONAL as are necessary to carry out section 5324. by the Secretary and financed with amounts DISTRIBUTION FUNDS.—The Governor of a ‘‘(f) CAPITAL INVESTMENT GRANTS.—There made available from the Mass Transit Ac- State may transfer any part of the State’s are authorized to be appropriated to carry count of the Highway Trust Fund pursuant apportionment under paragraph (5)(A) to out section 5309 of this title and section to this section is a contractual obligation of supplement amounts apportioned to the 21006(b) of the Federal Public Transportation the Government to pay the Government State under section 5311(c) of this title or Act of 2015, $2,301,785,760 for fiscal year 2016, share of the cost of the project. amounts apportioned to urbanized areas $2,352,597,681 for fiscal year 2017, $2,406,119,278 ‘‘(2) GRANTS FINANCED FROM GENERAL under subsections (a) and (c) of section 5336 for fiscal year 2018, $2,464,082,691 for fiscal FUND.—A grant or contract that is approved of this title. year 2019, $2,526,239,177 for fiscal year 2020, by the Secretary and financed with amounts ‘‘(B) TRANSFER FLEXIBILITY FOR POPU- and $2,590,122,713 for fiscal year 2021, of which appropriated in advance from the General LATION AND SERVICE FACTORS FUNDS.—The $276,214,291 for fiscal year 2016, $282,311,722 for Fund of the Treasury pursuant to this sec- Governor of a State may expend in an urban- fiscal year 2017, $288,734,313 for fiscal year tion is a contractual obligation of the Gov- ized area with a population of less than 2018, $295,689,923 for fiscal year 2019, ernment to pay the Government share of the $303,148,701 for fiscal year 2020, and 200,000 any amounts apportioned under para- cost of the project only to the extent that graph (5)(B) that are not allocated to des- $310,814,726 for fiscal year 2021 shall be avail- amounts are appropriated for such purpose able to carry out section 21006(b) of the Fed- ignated recipients in urbanized areas with a by an Act of Congress. population of 200,000 or more. eral Public Transportation Act of 2015. ‘‘(j) AVAILABILITY OF AMOUNTS.—Amounts ‘‘(g) ADMINISTRATION.— ‘‘(7) GOVERNMENT SHARE OF COSTS.— made available by or appropriated under this ‘‘(1) IN GENERAL.—There are authorized to ‘‘(A) CAPITAL PROJECTS.—A grant for a cap- section shall remain available until ex- be appropriated to carry out section 5334, ital project under this subsection shall be for pended.’’. $115,016,543 for fiscal year 2016, $117,555,533 for 80 percent of the net capital costs of the fiscal year 2017, $120,229,921 for fiscal year SEC. 21018. GRANTS FOR BUS AND BUS FACILI- project. A recipient of a grant under this TIES. 2018, $123,126,260 for fiscal year 2019, subsection may provide additional local (a) IN GENERAL.—Chapter 53 of title 49, $126,232,120 for fiscal year 2020, and matching amounts. United States Code, as amended by division $129,424,278 for fiscal year 2021. ‘‘(B) REMAINING COSTS.—The remainder of G, is amended by striking section 5339 and ‘‘(2) SECTION 5329.—Of the amounts author- the net project cost shall be provided— inserting the following: ized to be appropriated under paragraph (1), ‘‘(i) in cash from non-Government sources not less than $8,000,000 for each of fiscal ‘‘§ 5339. Grants for bus and bus facilities other than revenues from providing public years 2016 through 2021 shall be available to ‘‘(a) FORMULA GRANTS.— transportation services; carry out section 5329. ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(ii) from revenues derived from the sale of ‘‘(3) SECTION 5326.—Of the amounts made ‘‘(A) the term ‘low or no emission vehicle’ advertising and concessions; available under paragraph (2), not less than has the meaning given that term in sub- ‘‘(iii) from an undistributed cash surplus, a $2,000,000 for each of fiscal years 2016 through section (c)(1); replacement or depreciation cash fund or re- 2021 shall be available to carry out section ‘‘(B) the term ‘State’ means a State of the serve, or new capital; 5326. United States; and ‘‘(iv) from amounts received under a serv- ‘‘(h) OVERSIGHT.— ‘‘(C) the term ‘territory’ means the Dis- ice agreement with a State or local social ‘‘(1) IN GENERAL.—Of the amounts made trict of Columbia, Puerto Rico, the Northern service agency or private social service orga- available to carry out this chapter for a fis- Mariana Islands, Guam, American Samoa, nization; or cal year, the Secretary may use not more and the United States Virgin Islands. ‘‘(v) from revenues generated from value than the following amounts for the activities ‘‘(2) GENERAL AUTHORITY.—The Secretary capture financing mechanisms. described in paragraph (2): may make grants under this subsection to ‘‘(8) PERIOD OF AVAILABILITY TO RECIPI- ‘‘(A) 0.5 percent of amounts made available assist eligible recipients described in para- ENTS.—Amounts made available under this to carry out section 5305. graph (4)(A) in financing capital projects— subsection may be obligated by a recipient ‘‘(B) 0.75 percent of amounts made avail- ‘‘(A) to replace, rehabilitate, and purchase for 3 fiscal years after the fiscal year in able to carry out section 5307. buses and related equipment, including tech- which the amount is apportioned. Not later ‘‘(C) 1 percent of amounts made available nological changes or innovations to modify than 30 days after the end of the 3-fiscal-year to carry out section 5309. low or no emissions vehicles or facilities; period described in the preceding sentence, ‘‘(D) 1 percent of amounts made available and any amount that is not obligated on the last to carry out section 601 of the Passenger Rail ‘‘(B) to construct bus-related facilities. day of that period shall be added to the Investment and Improvement Act of 2008 ‘‘(3) GRANT REQUIREMENTS.—The require- amount that may be apportioned under this (Public Law 110-432; 126 Stat. 4968). ments of— subsection in the next fiscal year. ‘‘(E) 0.5 percent of amounts made available ‘‘(A) section 5307 shall apply to recipients to carry out section 5310. of grants made in urbanized areas under this ‘‘(b) BUS AND BUS FACILITIES COMPETITIVE ‘‘(F) 0.5 percent of amounts made available subsection; and GRANTS.— to carry out section 5311. ‘‘(B) section 5311 shall apply to recipients ‘‘(1) IN GENERAL.—The Secretary may make ‘‘(G) 1 percent of amounts made available of grants made in rural areas under this sub- grants under this subsection to designated to carry out section 5337, of which not less section. recipients to assist in the financing of bus than 0.25 percent shall be available to carry ‘‘(4) ELIGIBLE RECIPIENTS AND SUBRECIPI- and bus facilities capital projects, includ- out section 5329. ENTS.— ing— ‘‘(H) 0.75 percent of amounts made avail- ‘‘(A) RECIPIENTS.—Eligible recipients under ‘‘(A) replacing, rehabilitating, purchasing, able to carry out section 5339. this subsection are— or leasing buses or related equipment; and ‘‘(2) ACTIVITIES.—The activities described ‘‘(i) designated recipients that allocate ‘‘(B) rehabilitating, purchasing, con- in this paragraph are as follows: funds to fixed route bus operators; or structing, or leasing bus-related facilities. ‘‘(A) Activities to oversee the construction ‘‘(ii) State or local governmental entities ‘‘(2) GRANT CONSIDERATIONS.—In making of a major capital project. that operate fixed route bus service. grants under this subsection, the Secretary ‘‘(B) Activities to review and audit the ‘‘(B) SUBRECIPIENTS.—A recipient that re- shall consider the age and condition of buses, safety and security, procurement, manage- ceives a grant under this subsection may al- bus fleets, related equipment, and bus-re- ment, and financial compliance of a recipi- locate amounts of the grant to subrecipients lated facilities. ent or subrecipient of funds under this chap- that are public agencies or private nonprofit ‘‘(3) STATEWIDE APPLICATIONS.—A State ter. organizations engaged in public transpor- may submit a statewide application on be- ‘‘(C) Activities to provide technical assist- tation. half of a public agency or private nonprofit ance generally, and to provide technical as- ‘‘(5) DISTRIBUTION OF GRANT FUNDS.—Funds organization engaged in public transpor- sistance to correct deficiencies identified in allocated under section 5338(a)(2)(M) shall be tation in rural areas or other areas for which compliance reviews and audits carried out distributed as follows: the State allocates funds. The submission of under this section. ‘‘(A) NATIONAL DISTRIBUTION.—$102,500,000 a statewide application shall not preclude ‘‘(3) GOVERNMENT SHARE OF COSTS.—The for each of fiscal years 2016 through 2021 the submission and consideration of any ap- Government shall pay the entire cost of car- shall be allocated to all States and terri- plication under this subsection from other rying out a contract under this subsection. tories, with each State receiving $2,000,000 eligible recipients in an urbanized area in a ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— for each such fiscal year and each territory State. Funds made available under paragraph (1)(C) receiving $500,000 for each such fiscal year. ‘‘(4) REQUIREMENTS FOR THE SECRETARY.— shall be made available to the Secretary be- ‘‘(B) DISTRIBUTION USING POPULATION AND The Secretary shall— fore allocating the funds appropriated to SERVICE FACTORS.—The remainder of the ‘‘(A) disclose all metrics and evaluation carry out any project under a full funding funds not otherwise distributed under sub- procedures to be used in considering grant grant agreement. paragraph (A) shall be allocated pursuant to applications under this subsection upon ‘‘(i) GRANTS AS CONTRACTUAL OBLIGA- the formula set forth in section 5336 other issuance of the notice of funding availability TIONS.— than subsection (b). in the Federal Register; and

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‘‘(B) publish a summary of final scores for ‘‘(A) IN GENERAL.—A grant under this sub- (1) IN GENERAL.—Chapter 53 of title 49, selected projects, metrics, and other evalua- section shall be subject to the requirements United States Code, is amended— tions used in awarding grants under this sub- of section 5307. (A) by striking section 5319; section in the Federal Register. ‘‘(B) GOVERNMENT SHARE OF COSTS FOR CER- (B) in section 5325— ‘‘(5) RURAL PROJECTS.—Not less 10 percent TAIN PROJECTS.—Section 5323(i) applies to eli- (i) in subsection (e)(2), by striking ‘‘at of the amounts made available under this gible projects carried out under this sub- least two’’; and subsection in a fiscal year shall be distrib- section, unless the recipient requests a lower (ii) in subsection (h), by striking ‘‘Federal uted to projects in rural areas. grant percentage. Public Transportation Act of 2012’’ and in- ‘‘(6) GRANT REQUIREMENTS.— ‘‘(C) COMBINATION OF FUNDING SOURCES.— serting ‘‘Federal Public Transportation Act ‘‘(A) IN GENERAL.—A grant under this sub- ‘‘(i) COMBINATION PERMITTED.—An eligible of 2015’’; section shall be subject to the requirements project carried out under this subsection (C) in section 5336— of— may receive funding under section 5307 or (i) in subsection (a), by striking ‘‘sub- ‘‘(i) section 5307 for recipients of grants any other provision of law. section (h)(4)’’ and inserting ‘‘subsection made in urbanized areas; and ‘‘(ii) GOVERNMENT SHARE.—Nothing in this (h)(5)’’; and ‘‘(ii) section 5311 for recipients of grants subparagraph shall be construed to alter the (ii) in subsection (h), as amended by divi- made in rural areas. Government share required under paragraph sion G— ‘‘(B) GOVERNMENT SHARE OF COSTS.—The (7), section 5307, or any other provision of (I) by striking paragraph (1) and inserting Government share of the cost of an eligible law. the following: project carried out under this subsection ‘‘(4) COMPETITIVE PROCESS.—The Secretary ‘‘(1) $30,000,000 for each fiscal year shall be shall not exceed 80 percent. shall— set aside to carry out section 5307(h);’’; and ‘‘(7) AVAILABILITY OF FUNDS.—Any amounts ‘‘(A) not later than 30 days after the date (II) in paragraph (3), by striking ‘‘1.5 per- made available to carry out this subsection— on which amounts are made available for ob- cent’’ and inserting ‘‘2 percent’’; and ‘‘(A) shall remain available for 2 fiscal ligation under this subsection for a full fis- (D) in section 5340(b), by striking ‘‘section years after the fiscal year for which the cal year, solicit grant applications for eligi- 5338(b)(2)(M)’’ and inserting ‘‘section amount is made available; and ble projects on a competitive basis; and 5338(a)(2)(O)’’. ‘‘(B) that remain unobligated at the end of ‘‘(B) award a grant under this subsection (2) TABLE OF SECTIONS.—The table of sec- the period described in subparagraph (A) based on the solicitation under subparagraph tions for chapter 53 of title 49, United States shall be added to the amount made available (A) not later than the earlier of— Code, is amended by striking the item relat- to an eligible project in the following fiscal ‘‘(i) 75 days after the date on which the so- ing to section 5319 and inserting the fol- year. licitation expires; or lowing: ‘‘(8) LIMITATION.—Of the amounts made ‘‘(ii) the end of the fiscal year in which the ‘‘[5319. Repealed.]’’. available under this subsection, not more Secretary solicited the grant applications. than 15 percent may be awarded to a single (b) CHAPTER 105 OF TITLE 49, UNITED ‘‘(5) CONSIDERATION.—In awarding grants STATES CODE.—Section 10501(c) of title 49, grantee. under this subsection, the Secretary shall ‘‘(c) LOW OR NO EMISSION GRANTS.— United States Code, is amended— only consider eligible projects relating to ‘‘(1) DEFINITIONS.—In this subsection— (1) in paragraph (1)— the acquisition or leasing of low or no emis- ‘‘(A) the term ‘direct carbon emissions’ (A) in subparagraph (A)(i), by striking sion buses that— means the quantity of direct greenhouse gas ‘‘section 5302(a)’’ and inserting ‘‘section ‘‘(A) make greater reductions in energy emissions from a vehicle, as determined by 5302’’; and consumption and harmful emissions, includ- the Administrator of the Environmental (B) in subparagraph (B)— ing direct carbon emissions, than com- Protection Agency; (i) by striking ‘‘mass transportation’’ and parable standard buses or other low or no ‘‘(B) the term ‘eligible project’ means a inserting ‘‘public transportation’’; and emission buses; and project or program of projects in an eligible (ii) by striking ‘‘section 5302(a)’’ and in- area for— ‘‘(B) are part of a long-term integrated fleet management plan for the recipient. serting ‘‘section 5302’’; and ‘‘(i) acquiring low or no emission vehicles; (2) in paragraph (2)(A), by striking ‘‘mass ‘‘(ii) leasing low or no emission vehicles; ‘‘(6) AVAILABILITY OF FUNDS.—Any amounts made available to carry out this subsection— transportation’’ and inserting ‘‘public trans- ‘‘(iii) acquiring low or no emission vehicles portation’’. with a leased power source; ‘‘(A) shall remain available to an eligible ‘‘(iv) constructing facilities and related project for 2 fiscal years after the fiscal year DIVISION C—COMPREHENSIVE TRANS- equipment for low or no emission vehicles; for which the amount is made available; and PORTATION AND CONSUMER PROTEC- ‘‘(v) leasing facilities and related equip- ‘‘(B) that remain unobligated at the end of TION ACT OF 2015 the period described in subparagraph (A) ment for low or no emission vehicles; SEC. 31001. SHORT TITLE. shall be added to the amount made available ‘‘(vi) constructing new public transpor- This division may be cited as the ‘‘Com- tation facilities to accommodate low or no to an eligible project in the following fiscal year. prehensive Transportation and Consumer emission vehicles; or Protection Act of 2015.’’ ‘‘(vii) rehabilitating or improving existing ‘‘(7) GOVERNMENT SHARE OF COSTS.— public transportation facilities to accommo- ‘‘(A) IN GENERAL.—The Federal share of the SEC. 31002. REFERENCES TO TITLE 49, UNITED STATES CODE. date low or no emission vehicles; cost of an eligible project carried out under ‘‘(C) the term ‘leased power source’ means this subsection shall not exceed 80 percent. Except as otherwise expressly provided, a removable power source, as defined in para- ‘‘(B) NON-FEDERAL SHARE.—The non-Fed- wherever in this division an amendment or graph (4)(A) of section 5316(c), that is made eral share of the cost of an eligible project repeal is expressed in terms of an amend- available through a capital lease under that carried out under this subsection may be de- ment to, or repeal of, a section or other pro- section; rived from in-kind contributions.’’. vision, the reference shall be considered to ‘‘(D) the term ‘low or no emission bus’ (b) TECHNICAL AND CONFORMING AMEND- be made to a section or other provision of means a bus that is a low or no emission ve- MENT.—The table of sections for chapter 53 of title 49, United States Code. hicle; title 49, United States Code, is amended by SEC. 31003. EFFECTIVE DATE. ‘‘(E) the term ‘low or no emission vehicle’ striking the item relating to section 5339 and Subtitle A of title XXXII, sections 33103, means— inserting the following: 34101(g), 34105, 34106, 34107, 34133, 34141, 34202, ‘‘(i) a passenger vehicle used to provide ‘‘5339. Grants for bus and bus facilities.’’. 34203, 34204, 34205, 34206, 34207, 34208, 34211, public transportation that the Secretary de- SEC. 21019. SALARY OF FEDERAL TRANSIT AD- 34212, 34213, 34214, 34215, subtitles C and D of termines sufficiently reduces energy con- MINISTRATOR. title XXXIV, and title XXXV take effect on sumption or harmful emissions, including di- (a) IN GENERAL.—Section 5313 of title 5, the date of enactment of this Act. rect carbon emissions, when compared to a United States Code, is amended by adding at TITLE XXXI—OFFICE OF THE SECRETARY comparable standard vehicle; or the end the following: ‘‘(ii) a zero emission vehicle used to pro- ‘‘Federal Transit Administrator.’’. Subtitle A—Accelerating Project Delivery vide public transportation; (b) CONFORMING AMENDMENT.—Section 5314 SEC. 31101. DELEGATION OF AUTHORITY. of title 5, United States Code, is amended by ‘‘(F) the term ‘recipient’ means a des- (a) IN GENERAL.—Chapter is amended by ignated recipient, a local governmental au- striking ‘‘Federal Transit Administrator.’’. adding at the end the following: thority, or a State that receives a grant (c) EFFECTIVE DATE.—The amendments under this subsection for an eligible project; made by this section shall take effect on the ‘‘§ 116. Administrations; acting officers and first day of the first pay period beginning on ‘‘No person designated to serve as the act- ‘‘(G) the term ‘zero emission vehicle’ or after the first day of the first fiscal year ing head of an administration in the depart- means a low or no emission vehicle that pro- beginning after the date of enactment of this ment of transportation under section 3345 of duces no carbon or particulate matter. Act. title may continue to perform the functions ‘‘(2) GENERAL AUTHORITY.—The Secretary SEC. 21020. TECHNICAL AND CONFORMING and duties of the office if the time limita- may make grants to recipients to finance el- AMENDMENTS. tions in section 3346 of that title would pre- igible projects under this subsection. (a) CHAPTER 53 OF TITLE 49, UNITED STATES vent the person from continuing to serve in ‘‘(3) GRANT REQUIREMENTS.— CODE.— a formal acting capacity.’’.

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(b) CONFORMING AMENDMENT.—The table of achieving better outcomes for communities ‘‘§ 304a. Accelerated decision-making in envi- contents for chapter 1 is amended by insert- and the environment. ronmental reviews ing after the item relating to section 115 the ‘‘(G) Meet not less frequently than annu- ‘‘(a) IN GENERAL.—In preparing a final en- following: ally with groups or individuals representing vironmental impact statement under the Na- ‘‘116. Administrations; acting officers.’’. State, Tribal, and local governments that tional Environmental Policy Act of 1969 (42 (c) APPLICATION.—The amendment under are engaged in the infrastructure permitting U.S.C. 4321 et seq.), if the Department of subsection (a) shall apply to any applicable process. Transportation, when acting as lead agency, office with a position designated for a Senate ‘‘(4) INFRASTRUCTURE SECTORS COVERED.— modifies the statement in response to com- confirmed official. The Center shall support process improve- ments that are minor and are confined to SEC. 31102. INFRASTRUCTURE PERMITTING IM- ments in the permitting and review of infra- factual corrections or explanations of why PROVEMENT CENTER. structure projects in the following sectors: the comments do not warrant additional De- (a) IN GENERAL.—Subchapter I of chapter 3, ‘‘(A) Surface transportation. partmental response, the Department may as amended by sections 31104 and 31106 of this ‘‘(B) Aviation. write on errata sheets attached to the state- Act, is further amended by adding after sec- ‘‘(C) Ports and waterways. ment instead of rewriting the draft state- tion 311 the following: ‘‘(D) Water resource projects. ment, subject to the condition that the er- ‘‘§ 312. Interagency Infrastructure Permitting ‘‘(E) Renewable energy generation. rata sheets— ‘‘(1) cite the sources, authorities, or rea- Improvement Center ‘‘(F) Electricity transmission. ‘‘(G) Broadband. sons that support the position of the Depart- (a) IN GENERAL.—There is established in ‘‘(H) Pipelines. ment; and the Office of the Secretary an Interagency ‘‘(2) if appropriate, indicate the cir- Infrastructure Permitting Improvement Cen- ‘‘(I) Other sectors, as determined by the Steering Committee. cumstances that would trigger Departmental ter (referred to in this section as the ‘Cen- reappraisal or further response. ‘‘(c) PERFORMANCE MEASURES.— ter’). ‘‘(b) INCORPORATION.—To the maximum ex- ‘‘(1) IN GENERAL.—Not later than 1 year (b) ROLES AND RESPONSIBILITIES.— tent practicable, the Department shall expe- after the date of enactment of the Com- ‘‘(1) GOVERNANCE.—The Center shall report ditiously develop a single document that prehensive Transportation and Consumer to the chair of the Steering Committee de- consists of a final environmental impact Protection Act of 2015, the Secretary, in co- scribed in paragraph (2) to ensure that the statement and a record of decision, unless— perspectives of all member agencies are rep- ordination with the heads of other Federal ‘‘(1) the final environmental impact state- resented. agencies on the Steering Committee with re- ment makes substantial changes to the pro- sponsibility for the review and approval of ‘‘(2) INFRASTRUCTURE PERMITTING STEERING posed action that are relevant to environ- infrastructure projects sectors described in COMMITTEE.—An Infrastructure Permitting mental or safety concerns; or Steering Committee (referred to in this sec- subsection (b)(4), shall evaluate and report ‘‘(2) there are significant new cir- tion as the ‘Steering Committee’) is estab- on— cumstances or information relevant to envi- lished to oversee the work of the Center. The ‘‘(A) the progress made toward aligning ronmental concerns and that bear on the Steering Committee shall be chaired by the Federal reviews of such projects and the im- proposed action or the impacts of the pro- Federal Chief Performance Officer in con- provement of project delivery associated posed action.’’. sultation with the Chair of the Council on with those projects; and (b) CONFORMING AMENDMENT.—The table of Environmental Quality and shall be com- ‘‘(B) the effectiveness of the Center in contents of chapter 3 is amended by insert- prised of Deputy-level representatives from achieving reduction of permitting time and ing after the item relating to section 304 the the following departments and agencies: project delivery time. following: ‘‘(A) The Department of Defense. ‘‘(2) PERFORMANCE TARGETS.—Not later ‘‘304a. Accelerated decision-making in envi- ‘‘(B) The Department of the Interior. than 180 days after the date on which the ronmental reviews.’’. ‘‘(C) The Department of Agriculture. Secretary of Transportation establishes per- SEC. 31104. ENVIRONMENTAL REVIEW ALIGN- ‘‘(D) The Department of Commerce. formance measures in accordance with para- MENT AND REFORM. ‘‘(E) The Department of Transportation. graph (1), the Secretary shall establish per- (a) IN GENERAL.—Subchapter I of chapter 3 ‘‘(F) The Department of Energy. formance targets relating to each of the is amended by inserting after section 309 the ‘‘(G) The Department of Homeland Secu- measures and standards described in sub- following: rity. paragraphs (A) and (B) of paragraph (1). ‘‘§ 310. Aligning Federal environmental re- ‘‘(H) The Environmental Protection Agen- ‘‘(3) REPORT TO CONGRESS.—Not later than 2 views cy. years after the date of enactment of the ‘‘(a) COORDINATED AND CONCURRENT ENVI- ‘‘(I) The Advisory Council on Historic Pres- Comprehensive Transportation and Con- RONMENTAL REVIEWS.—Not later than 1 year ervation. sumer Protection Act of 2015 and biennially after the date of enactment of the Com- ‘‘(J) The Department of the Army. thereafter, the Secretary shall submit a re- prehensive Transportation and Consumer ‘‘(K) The Department of Housing and port to the Committee on Commerce, Protection Act of 2015, the Department of Urban Development. Science, and Transportation of the Senate Transportation, in coordination with the ‘‘(L) Other agencies the Chair of the Steer- and the Committee on Transportation and Steering Committee described in section 312 ing Committee invites to participate. Infrastructure of the House of Representa- of this title, shall develop a coordinated and ‘‘(3) ACTIVITIES.—The Center shall support tives that describes— concurrent environmental review and per- the Chair of the Steering Committee and un- ‘‘(A) the results of the evaluation con- mitting process for transportation projects dertake the following: ducted under paragraph (1); and when initiating an environmental impact ‘‘(A) Coordinate and support implementa- ‘‘(B) the progress towards achieving the statement under the National Environ- tion of priority reform actions for Federal targets established under paragraph (2). mental Policy Act of 1969 (42 U.S.C. 4321 et agency permitting and reviews for areas as ‘‘(4) INSPECTOR GENERAL REPORT.—Not later seq.) (referred to in this section as ‘NEPA’). defined and identified by the Steering Com- than 3 years after the date of enactment of The coordinated and concurrent environ- mittee. the Comprehensive Transportation and Con- mental review and permitting process shall— ‘‘(B) Support modernization efforts at Fed- sumer Protection Act of 2015, the Inspector ‘‘(1) ensure that the Department of Trans- eral agencies and interagency pilots for inno- General of the Department of Transportation portation and Federal agencies of jurisdic- vative approaches to the permitting and re- shall submit a report to the Committee on tion possess sufficient information early in view of infrastructure projects. Commerce, Science, and Transportation of the review process to determine a statement ‘‘(C) Provide technical assistance and the Senate and the Committee on Transpor- of a transportation project’s purpose and training to field and headquarters staff of tation and Infrastructure of the House of need and range of alternatives for analysis Federal agencies on policy changes, innova- Representatives that describes— that the lead agency and agencies of jurisdic- tive approaches to project delivery, and ‘‘(A) the results of the evaluation con- tion will rely upon for concurrent environ- other topics as appropriate. ducted under paragraph (1); and mental reviews and permitting decisions re- ‘‘(D) Identify, develop, and track metrics ‘‘(B) the progress towards achieving the quired for the proposed project; for timeliness of permit reviews, permit deci- targets established under paragraph (2).’’. ‘‘(2) achieve early concurrence or issue res- sions, and project outcomes. (b) CONFORMING AMENDMENT.—The table of olution during the NEPA scoping process on ‘‘(E) Administer and expand the use of on- contents of chapter 3, as amended by sec- the Department of Transportation’s state- line transparency tools providing for— tions 31104 and 31106 of this Act, is further ment of a project’s purpose and need and ‘‘(i) tracking and reporting of metrics; amended by inserting after the item relating during development of the environmental ‘‘(ii) development and posting of schedules to section 311 the following: impact statement on the range of alter- for permit reviews and permit decisions; and ‘‘312. Interagency Infrastructure Permitting natives for analysis that the lead agency and ‘‘(iii) sharing of best practices related to Improvement Center.’’. agencies of jurisdiction will rely upon for efficient project permitting and reviews. SEC. 31103. ACCELERATED DECISION-MAKING IN concurrent environmental reviews and per- ‘‘(F) Provide reporting to the President on ENVIRONMENTAL REVIEWS. mitting decisions required for the proposed progress toward achieving greater efficiency (a) IN GENERAL.—Subchapter I of chapter 3 project absent circumstances that require re- in permitting decisions and review of infra- is amended by inserting after section 304 the consideration in order to meet an agency of structure projects and progress toward following: jurisdiction’s legal obligations; and

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.047 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5255 ‘‘(3) achieve concurrence or issue resolu- (C) in paragraph (3), by striking ‘‘has the proval required for a project under applica- tion in an expedited manner if circumstances meaning given the term in section 139(a) of ble laws shall provide information regarding arise that require a reconsideration of the title 23’’ and inserting ‘‘means an action by the status and progress of the approval to purpose and need or range of alternatives the Department of Transportation that in- the onine platform, consistent with the considered during any Federal agency’s envi- volves expertise of 1 or more Department of standards established under subsection (a). ronmental or permitting review in order to Transportation operating administrations or ‘‘(c) ASSIGNMENT OF RESPONSIBILITIES.—An meet an agency of jurisdiction’s legal obliga- secretarial offices’’; entity with assigned authority for respon- tions. (2) in subsection (b), by striking ‘‘under sibilities under the National Environmental ‘‘(b) ENVIRONMENTAL CHECKLIST.—The Sec- this title’’ and inserting ‘‘by the Secretary of Policy Act of 1969 (42 U.S.C. 4321 et seq.), retary of Transportation and Federal agen- Transportation’’; under section 326 or section 327 of title shall cies of jurisdiction likely to have sub- (3) in subsection (c)— be responsible for supplying project develop- stantive review or approval responsibilities (A) in the matter preceding paragraph (1)— ment and compliance status for all applica- on transportation projects, not later than 90 (i) by striking ‘‘a categorical exclusion ble projects.’’. days after the date of enactment of the Com- designated under the implementing regula- (b) CONFORMING AMENDMENT.—The table of prehensive Transportation and Consumer tions or’’ and inserting ‘‘categorical exclu- contents of subchapter I of chapter 3, as Protection Act of 2015, shall jointly develop sions designated under the National Environ- amended by section 31104 of this Act, is fur- a checklist to help project sponsors identify mental Policy Act of 1969 (42 U.S.C. 4321 et ther amended by inserting after the item re- potential natural, cultural, and historic re- seq.) implementing’’; and lating to section 310, the following: sources in the area of a proposed project. The (ii) by striking ‘‘other components of the’’ ‘‘311. Improving transparency in environ- purpose of the checklist is— and inserting ‘‘a proposed multimodal’’; mental reviews.’’. ‘‘(1) to identify agencies of jurisdiction and (B) by amending paragraphs (1) and (2) to SEC. 31107. LOCAL TRANSPORTATION INFRA- cooperating agencies, read as follows: STRUCTURE PROGRAM. ‘‘(2) to develop the information needed for ‘‘(1) the lead authority makes a prelimi- Section 610 of title 23, United States Code, the purpose and need and alternatives for nary determination on the applicability of a is amended— analysis; and categorical exclusion to a proposed (1) in subsection (d)— ‘‘(3) to improve interagency collaboration multimodal project and notifies the cooper- (A) in paragraph (1), by striking subpara- to help expedite the permitting process for ating authority of its intent to apply the co- graph (A) and inserting the following: the lead agency and Federal agencies of ju- operating authority categorical exclusion; ‘‘(A) 10 percent of the funds apportioned to risdiction. ‘‘(2) the cooperating authority does not ob- the State for each of fiscal years 2016 ‘‘(c) INTERAGENCY COLLABORATION.—Con- ject to the lead authority’s preliminary de- sistent with Federal environmental statutes through 2021 under each of sections 104(b)(1), termination ofits applicability;’’; 104(b)(2), and 144; and’’; and the priority reform actions for Federal (C) in paragraph (3)— (B) in paragraph (2), by striking ‘‘2005 agency permitting and reviews defined and (i) by inserting ‘‘the lead authority deter- through 2009’’ and inserting ‘‘2016 through identified by the Steering Committee estab- mines that’’ before ‘‘the component of’’; and lished under section 312, the Secretary shall (ii) by inserting ‘‘proposed multimodal’’ 2021’’; (C) in paragraph (3), by striking ‘‘2005 facilitate annual interagency collaboration before ‘‘project to be covered’’; and through 2009’’ and inserting ‘‘2016 through sessions at the appropriate jurisdictional (D) by amending paragraph (4) to read as 2021’’; and level to coordinate business plans and facili- follows: (D) in paragraph (5), by striking ‘‘section tate coordination of workload planning and ‘‘(4) the lead authority, with the concur- 133(d)(3)’’ and inserting ‘‘section 133(d)(4)’’; workforce management. This engagement rence of the cooperating authority— and shall ensure agency staff is fully engaged and ‘‘(A) follows implementing regulations or (2) in subsection (k), by striking ‘‘2005 utilizing the flexibility of existing regula- procedures under the National Environ- through 2009’’ and inserting ‘‘2016 through tions, policies, and guidance and identifying mental Policy Act of 1969 (42 U.S.C. 4321 et 2021’’. additional actions to facilitate high quality, seq.); efficient, and targeted environmental re- ‘‘(B) determines that the proposed Subtitle B—Research views and permitting decisions. The sessions multimodal project does not individually or SEC. 31201. FINDINGS. and the interagency collaborations they gen- cumulatively have a significant impact on Congress makes the followings findings: erate shall focus on how to work with State the environment; and (1) Federal transportation research plan- and local transportation entities to improve ‘‘(C) determines that extraordinary cir- ning and coordination— project planning, siting, and application cumstances do not exist that merit (A) should occur within the Office of the quality and how to consult and coordinate additionalanalysis and documentation in an Secretary; and with relevant stakeholders and Federal, trib- environmental impact statement or environ- (B) should be, to the extent practicable, al, State, and local representatives early in mental assessment required under the Na- multi-modal and not occur solely within permitting processes. tional Environmental Policy Act of 1969 (42 thesubagencies of the Department of Trans- ‘‘(d) PERFORMANCE MEASUREMENT.—Not U.S.C. 4321 et seq.).’’; and portation. later than 1 year after the date of enactment (4) by amending subsection (d) to read as (2) Managing a multi-modal research port- of the Comprehensive Transportation and follows: folio within the Office of the Secretary will— Consumer Protection Act of 2015, the Sec- ‘‘(d) COOPERATING AUTHORITY EXPERTISE.— (A) help identify opportunities where re- retary of Transportation, in coordination A cooperating authority shall provide exper- search could be applied across modes; and with the Steering Committee established tise to the lead authority on aspects of the (B) prevent duplication of efforts and waste under section 312 of this title, shall establish multimodal project in which the cooperating of limited Federal resources. a program to measure and report on progress authority has expertise.’’. (3) An ombudsman for research at the De- towards aligning Federal reviews as outlined SEC. 31106. IMPROVING TRANSPARENCY IN ENVI- partment of Transportation will— in this section.’’. RONMENTAL REVIEWS. (A) give stakeholders a formal opportunity (b) CONFORMING AMENDMENT.—The table of (a) IN GENERAL.—Subchapter I of chapter 3, to address concerns; contents of subchapter I of chapter 3 is as amended by section 31104 of this Act, is (B) ensure unbiased research; and amended by inserting after the item relating further amendedby inserting after section (C) improve the overall research products to section 309 the following: 310 the following: of the Department. ‘‘310. Aligning Federal environmental re- ‘‘§ 311. Improving transparency in environ- (4) Increasing transparency of transpor- views.’’. mental reviews tation research efforts will— SEC. 31105. MULTIMODAL CATEGORICAL EXCLU- ‘‘(a) IN GENERAL.—Not later than years (A) build stakeholder confidence in the SIONS. after the date of enactment of the Com- final product; and Section 304 is amended— prehensive Transportation and Consumer (B) lead to the improved implementation (1) in subsection (a)— Protection Act of 2015, the Secretary of of research findings. (A) in paragraph (1)— (i) by striking ‘‘operating authority’’ and Transportation shall establish an online SEC. 31202. MODAL RESEARCH PLANS. inserting ‘‘operating administration or sec- platform and, in coordination with Federal (a) IN GENERAL.—Not later than June 15 of retarial office’’; agencies described in subsection (b), issue re- the year preceding the research fiscal year, (ii) by inserting ‘‘has expertise but’’ before porting standards to make publicly available the head of each modal administration and ‘‘is not the lead’’; and the status and progress with respect to com- joint program office of the Department of (iii) by inserting ‘‘proposed multimodal’’ pliance with applicable requirements under Transportation shall submit a comprehen- before ‘‘project’’; the National Environmental Policy Act of sive annual modal research plan to the As- (B) by amending paragraph (2) to read as 1969 (42 U.S.C. 4321 et seq.) and any other sistant Secretary for Research and Tech- follows: Federal approval required under applicable nology of the Department of Transportation ‘‘(2) LEAD AUTHORITY.—The term ‘lead au- laws for projects and activities requiring an (referred to in this subtitle as the ‘‘Assistant thority’ means a Department of Transpor- environmental assessment or an environ- Secretary’’). tation operating administration or secre- mental impact statement. (b) REVIEW.— tarial office that has the lead responsibility ‘‘(b) FEDERAL AGENCY PARTICIPATION.—A (1) IN GENERAL.—Not later than October 1 for a proposed multimodal project.’’; and Federal agency of jurisdiction over an ap- of each year, the Assistant Secretary, for

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.047 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5256 CONGRESSIONAL RECORD — SENATE July 21, 2015 each plan submitted pursuant to subsection projects on similar subjects or subjects discover at the end of the period covered by (a), shall— which have bearing on multiple modes; the strategic plan as a result of the research (A) review the scope of the research; and (F) describe the interagency and cross and development in that topic area. (B)(i) approve the plan; or modal communication and coordination that (4) CONSIDERATIONS.—The Secretary shall (ii) request that the plan be revised. has occurred to prevent duplication of re- ensure that the strategic plan developed (2) PUBLICATIONS.—Not later than January search efforts within the Department of under this section— 30 of each year, the Secretary shall publish Transportation; (A) reflects input from a wide range of each plan that has been approved under para- (G) indicate how research is being dissemi- stakeholders; graph (1)(B)(i) on a public website. nated to improve the efficiency and safety of (B) includes and integrates the research (3) REJECTION OF DUPLICATIVE RESEARCH EF- transportation systems; and development programs of all the Depart- FORTS.—The Assistant Secretary may not (H) describe how agencies developed their ment of Transportation’s modal administra- approve any plan submitted by the head of a research plans; and tions, including aviation, transit, rail, and modal administration or joint program office (I) describe the opportunities for public maritime; and pursuant to subsection (a) if such plan dupli- and stakeholder input. (C) takes into account how research and cates the research efforts of any other modal (b) FUNDING REPORT.—In conjunction with development by other Federal, State, private administration. each of the President’s annual budget re- sector, and nonprofit institutions— (c) FUNDING LIMITATIONS.—No funds may quests under section 1105 of title 31, United (i) contributes to the achievement of the be expended by the Department of Transpor- States Code, the Secretary shall submit a re- purposes identified under paragraph (3)(A); tation on research that has not previously port to appropriate committees of Congress and been approved as part of a modal research that describes— (ii) avoids unnecessary duplication of such plan approved by the Assistant Secretary un- (1) the amount spent in the last completed efforts. less— fiscal year on transportation research and (e) TECHNICAL AND CONFORMING AMEND- (1) such research is required by an Act of development; and MENTS.— Congress; (2) the amount proposed in the current (1) CHAPTER 5 OF TITLE 23.—Chapter 5 of (2) such research was part of a contract budget for transportation research and de- title 23, United States Code, is amended— that was funded before the date of enactment velopment. (A) by striking section 508; of this Act; or (c) PERFORMANCE PLANS AND REPORTS.—In (B) in the table of contents, by striking the (3) the Secretary of Transportation cer- the plans and reports submitted under sec- item relating to section 508; tifies to Congress that such research is nec- tions 1115 and 1116 of title 31, United States (C) in section 502— essary before theapproval of a modal re- Code, the Secretary shall include— (i) in subsection (a)(9), by striking ‘‘trans- search plan. (1) a summary of the Federal transpor- portation research and technology develop- (d) DUPLICATIVE RESEARCH.— tation research and development activities ment strategic plan developed under section (1) IN GENERAL.—Except as provided in for the previous fiscal year in each topic 508’’ and inserting ‘‘transportation research paragraph (2), no funds may be expended by area; and development strategic plan under sec- the Department of Transportation on re- (2) the amount spent in each topic area; tion 31203 of the Comprehensive Transpor- search projects that the Secretary identifies (3) a description of the extent to which the tation and Consumer Protection Act of as duplicative under subsection(b)(3). research and development is meeting the ex- 2015’’; and (2) EXCEPTIONS.—Paragraph (1) shall not pectations set forth in subsection (d)(3)(A); (ii) in subsection (b)(4), by striking ‘‘trans- apply to— and portation research and development stra- (A) updates to previously commissioned re- (4) any amendments to the strategic plan tegic plan of the Secretary developed under search; developed under subsection (d). section 508’’ and inserting ‘‘transportation (B) research commissioned to carry out an (d) TRANSPORTATION RESEARCH AND DEVEL- research and development strategic plan Act of Congress; or OPMENT STRATEGIC PLAN.— under section 31203 of the Comprehensive (C) research commissioned before the date (1) IN GENERAL.—The Secretary shall de- Transportation and Consumer Protection of enactment of this Act. velop a 5-year transportation research and Act of 2015’’; and (e) CERTIFICATION.— development strategic plan to guide future (D) in section 512(b), by striking ‘‘as part of (1) IN GENERAL.—The Secretary shall annu- Federal transportation research and develop- the transportation research and development ally certify to Congress that— ment activities. strategic plan developed under section 508’’. (A) each modal research plan has been re- (2) CONSISTENCY.—The strategic plan devel- (2) INTELLIGENT TRANSPORTATION SYS- viewed; and oped under paragraph (1) shall be consistent TEMS.—Section 5205 of the Intelligent Trans- (B) there is no duplication of study for re- with— portation Systems Act of 1998 (23 U.S.C. 502 search directed, commissioned, or conducted (A) section 306 of title 5, United States note) is amended— by the Department of Transportation. Code; (A) in subsection (b), by striking ‘‘as part (2) CORRECTIVE ACTION PLAN.—If the Sec- (B) sections 1115 and 1116 of title 31, United of the Surface Transportation Research and retary, after submitting a certification States Code; and Development Strategic Plan developed under under paragraph (1), identifies duplication of (C) any other research and development section 508 of title 23, United States Code’’ research within the Department of Transpor- plan within the Department of Transpor- and inserting ‘‘as part of the transportation tation, the Secretary shall— tation. research and development strategic plan (A) notify Congress of the duplicative re- (3) CONTENTS.—The strategic plan devel- under section 31203 of the Comprehensive search; and oped under paragraph (1) shall— Transportation and Consumer Protection (A) describe the primary purposes of the (B) submit a corrective action plan to Con- Act of 2015’’; and gress that will eliminate such duplicative re- transportation research and development (B) in subsection (e)(2)(A), by striking ‘‘or search. program, which shall include— the Surface Transportation Research and De- (i) promoting safety; velopment Strategic Plan developed under SEC. 31203. CONSOLIDATED RESEARCH PRO- (ii) reducing congestion; SPECTUS AND STRATEGIC PLAN. (iii) improving mobility; section 508 of title 23, United States Code’’ (a) PROSPECTUS.— (iv) preserving the existing transportation and inserting ‘‘or the transportation re- (1) IN GENERAL.—The Secretary shall annu- system; search and development strategic plan under ally publish, on a public website, a com- (v) improving the durability and extending section 31203 of the Comprehensive Transpor- prehensive prospectus on all research the life of transportation infrastructure; and tation and Consumer Protection Act of projects conducted by the Department of (vi) improving goods movement; 2015’’. Transportation, including, to the extent (B) for each of the purposes referred to in (3) INTELLIGENT TRANSPORTATION SYSTEM practicable, research funded through Univer- subparagraph (A), list the primary research RESEARCH.—Subtitle C of title V of the Safe, sity Transportation Centers. and development topics that the Department Accountable, Flexible, Efficient Transpor- (2) CONTENTS.—The prospectus published of Transportation intends to pursue to ac- tation Equity Act: A Legacy for Users (23 under paragraph (1) shall— complish that purpose, which may include— U.S.C. 512 note) is amended— (A) include the consolidated modal re- (i) fundamental research in the physical (A) in section 5305(h)(3)(A), by striking search plans approved under section 1302; and natural sciences; ‘‘the strategic plan under section 508 of title (B) describe the research objectives, (ii) applied research; 23, United States Code’’ and inserting ‘‘the 5- progress, and allocated funds for each re- (iii) technology research; and year transportation research and develop- search project; (iv) social science research intended for ment strategic plan under section 31203 of (C) identify research projects with each topic; and the Comprehensive Transportation and Con- multimodal applications; (C) for each research and development sumer Protection Act of 2015’’; and (D) specify how relevant modal administra- topic— (B) in section 5307(c)(2)(A), by striking ‘‘or tions have assisted, will contribute to, or (i) identify the anticipated annual funding the surface transportation research and de- plan to use the findings from the research levels for the period covered by the strategic velopment strategic plan developed under projects identified under paragraph (1); plan; and section 508 of title 23, United States Code’’ (E) identify areas in which multiple modal (ii) include any additional information the and inserting ‘‘or the 5-year transportation administrations are conducting research Department of Transportation expects to research and development strategic plan

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.047 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5257 under section 31203 of the Comprehensive Transportation, the head of any modal ad- ‘‘(A) all hiring, grants, cooperative agree- Transportation and Consumer Protection ministration of the Department, or any ments, and contracts awarded by the Bureau Act of 2015’’. other officer or employee of the Department to carry out this section; and SEC. 31204. RESEARCH OMBUDSMAN. or the Office of Management and Budget. ‘‘(B) the disposition and allocation of (a) IN GENERAL.—Subtitle III is amended ‘‘(e) REPORT TO INSPECTOR GENERAL.—The amounts paid to the Bureau for cost-reim- by inserting after chapter 63 the following: Research Ombudsman shall submit any evi- bursable projects. dence of misfeasance, malfeasance, waste, ‘‘(3) EXCEPTIONS.—The Secretary shall di- ‘‘CHAPTER 65—RESEARCH OMBUDSMAN fraud, or abuse uncovered during a review rect external support functions, such as the ‘‘Sec. under this section to the Inspector General coordination of activities involving multiple ‘‘6501. Research ombudsman. for further review. modal administrations. ‘‘§ 6501. Research ombudsman ‘‘(f) REMOVAL.—The Research Ombudsman ‘‘(4) INFORMATION TECHNOLOGY.—In con- sultation with the Chief Information Officer, ‘‘(a) ESTABLISHMENT.—The Assistant Sec- shall be subject to adverse employment ac- the Director shall have the final authority in retary for Research and Technology shall ap- tion for misconduct or good cause in accord- decisions regarding information technology point a career Federal employee to serve as ance with the procedures and grounds set in order to protect the confidentiality of in- Research Ombudsman. This appointment forth in chapter 75 of title 5.’’. formation provided solely for statistical pur- shall not diminish the authority of peer re- (b) TECHNICAL AND CONFORMING AMEND- poses, in accordance with the Confidential view of research. MENT.— The table of chapters for subtitle III Information Protection and Statistical Effi- ‘‘(b) QUALIFICATIONS.—The Research Om- is amended by inserting after the item relat- ciency Act of 2002 (44 U.S.C. 3501 note).’’. budsman appointed under subsection (a), to ing to chapter 63 the following: the extent practicable— ‘‘6501. Research ombudsman SEC. 31207. CONFORMING AMENDMENTS. ‘‘(1) shall have a background in academic SEC. 31205. SMART CITIES TRANSPORTATION (a) TITLE 49 AMENDMENTS.— (1) ASSISTANT SECRETARIES; GENERAL COUN- research and a strong understanding of sound PLANNING STUDY. SEL.—Section 102(e) is amended— study design; (a) IN GENERAL.—The Secretary shall con- (A) in paragraph (1), by striking ‘‘5’’ and ‘‘(2) shall develop a working knowledge of duct a study of digital technologies and in- formation technologies, including shared inserting ‘‘6’’; and the stakeholder communities and research (B) in paragraph (1)(A), by inserting ‘‘an mobility, data, transportation network com- needs of the transportation field; and Assistant Secretary for Research and Tech- panies, and on-demand transportation serv- ‘‘(3) shall not have served as a political ap- nology,’’ before ‘‘and an Assistant Sec- ices— pointee of the Department. retary’’. (1) to understand the degree to which cities ‘‘(c) RESPONSIBILITIES.— (2) OFFICE OF THE ASSISTANT SECRETARY FOR are adopting these technologies; ‘‘(1) ADDRESSING COMPLAINTS AND QUES- RESEARCH AND TECHNOLOGY OF THE DEPART- (2) to assess future planning, infrastruc- TIONS.—The Research Ombudsman shall— MENT OF TRANSPORTATION .—Section 112 is re- ture and investment needs; and ‘‘(A) receive complaints and questions pealed. (3) to provide best practices to plan for about— (3) TABLE OF CONTENTS.—The table of con- ‘‘(i) significant alleged omissions, impro- smart cities in which information and tech- tents of chapter 1 is amended by striking the prieties, and systemic problems; and nology are used— item relating to section 112. ‘‘(ii) excessive delays of, or within, a spe- (A) to improve city operations; (4) RESEARCH CONTRACTS.—Section 330 is cific research project; and (B) to grow the local economy; amended— ‘‘(B) evaluate and address the complaints (C) to improve response in times of emer- (A) in the section heading, by striking and questions described in subparagraph (A). gencies and natural disasters; and ‘‘contracts’’ and inserting ‘‘activities’’; ‘‘(2) PETITIONS.— (D) to improve the lives of city residents. (B) in subsection (a), by inserting ‘‘IN GEN- ‘‘(A) REVIEW.—The Research Ombudsman (b) COMPONENTS.—The study conducted ERAL.—’’ before ‘‘The Secretary’’; shall review petitions relating to— under subsection (a) shall— (C) in subsection (b), by inserting ‘‘RESPON- ‘‘(i) conflicts of interest; (1) identify broad issues that influence the SIBILITIES.—’’ before ‘‘In carrying out’’; ‘‘(ii) the study design and methodology; ability of the United States to plan for and (D) in subsection (c), by inserting ‘‘PUBLI- ‘‘(iii) assumptions and potential bias; invest in smart cities, including barriers to CATIONS.—’’ before ‘‘The Secretary’’; and ‘‘(iv) the length of the study; and collaboration and access to scientific infor- ‘‘(d) DUTIES.—The Secretary shall provide ‘‘(v) the composition of any data sampled. mation; and for the following: ‘‘(B) RESPONSE TO PETITIONS.—The Re- (2) review how the expanded use of digital ‘‘(1) Coordination, facilitation, and review search Ombudsman shall— technologies, mobile devices, and informa- of the Department’s research and develop- ‘‘(i) respond to relevant petitions within a tion may— ment programs and activities. reasonable period; (A) enhance the efficiency and effective- ‘‘(2) Advancement, and research and devel- ‘‘(ii) identify deficiencies in the petition’s ness of existing transportation networks; opment, of innovative technologies, includ- study design; and (B) optimize demand management services; ing intelligent transportation systems. ‘‘(iii) propose a remedy for such defi- (C) impact low-income and other disadvan- ‘‘(3) Comprehensive transportation statis- ciencies to the administrator of the modal taged communities; tics research, analysis, and reporting. administration responsible for completing (D) assess opportunities to share, collect, ‘‘(4) Education and training in transpor- the research project. and use data; tation and transportation-related fields. ‘‘(5) Activities of the Volpe National ‘‘(C) RESPONSE TO PROPOSED REMEDY.—The (E) change current planning and invest- administrator of the modal administration ment strategies; and Transportation Systems Center. ‘‘(e) ADDITIONAL AUTHORITIES.—The Sec- charged with completing the research (F) provide opportunities for enhanced co- ordination and planning. retary may— project shall respond to the proposed re- ‘‘(1) enter into grants and cooperative (c) REPORTING.—Not later than 18 months search remedy. agreements with Federal agencies, State and EQUIRED REVIEWS.—The Research Om- after the date of enactment of this Act, the ‘‘(3) R local government agencies, other public enti- budsman shall evaluate the study plan for all Secretary shall publish the report containing ties, private organizations, and other per- statutorily required studies and reports be- the results of the study required under sub- section (a) to a public website. sons— fore the commencement of such studies to ‘‘(A) to conduct research into transpor- ensure that the research plan has an appro- SEC. 31206. BUREAU OF TRANSPORTATION STA- tation service and infrastructure assurance; priate sample size and composition to ad- TISTICS INDEPENDENCE. and dress the stated purpose of the study. Section 6302 is amended by adding at the ‘‘(B) to carry out other research activities ‘‘(d) REPORTS.— end the following: ‘‘(2) carry out, on a cost-shared basis, col- ‘‘(1) IN GENERAL.—Upon the completion of ‘‘(d) INDEPENDENCE OF BUREAU.— laborative research and development to en- each review under subsection (c), the Re- ‘‘(1) IN GENERAL.—The Director shall not be courage innovative solutions to multimodal search Ombudsman shall— required— transportation problems and stimulate the ‘‘(A) submit a report containing the results ‘‘(A) to obtain the approval of any other of- deployment of new technology with— of such review to— ficer or employee of the Department with re- ‘‘(A) non-Federal entities, including State ‘‘(i) the Secretary; spect to the collection or analysis of any in- and local governments, foreign governments, ‘‘(ii) the head of the relevant modal admin- formation; or institutions of higher education, corpora- istration; and ‘‘(B) prior to publication, to obtain the ap- tions, institutions, partnerships, sole propri- ‘‘(iii) the study or research leader; and proval of any other officer or employee of etorships, and trade associations that are in- ‘‘(B) publish such results on a public the United States Government with respect corporated or established under the laws of website, with the modal administration re- to the substance of any statistical technical any State; sponse required under subsection (c)(2)(C). reports or press releases lawfully prepared by ‘‘(B) Federal laboratories; and ‘‘(2) INDEPENDENCE.—Each report required the Director. ‘‘(C) other Federal agencies; and under this section shall be provided directly ‘‘(2) BUDGET AUTHORITY.—The Director ‘‘(3) directly initiate contracts, grants, co- to the individuals described in paragraph (1) shall have final authority for the disposition operative research and development agree- without any comment or amendment from and allocation of the Bureau’s authorized ments (as defined in section of the Steven- the Secretary, the Deputy Secretary of budget, including— son-Wydler Technology Innovation Act of

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.047 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5258 CONGRESSIONAL RECORD — SENATE July 21, 2015 1980 (15 U.S.C. 3710a)), and other agreements (1) America’s ports play a critical role in ‘‘(B) the Coast Guard; to fund, and accept funds from, the Trans- the Nation’s transportation supply chain ‘‘(C) the Federal Maritime Commission; portation Research Board of the National network. ‘‘(D) U.S. Customs and Border Protection; Research Council of the National Academy (2) Reliable and efficient movement of ‘‘(E) the Marine Transportation System of Sciences, State departments of transpor- goods through the Nation’s ports ensures National Advisory Council; tation, cities, counties, institutions of high- that American goods are available to cus- ‘‘(F) the Army Corps of Engineers; er education, associations, and the agents of tomers throughout the world. ‘‘(G) the Saint Lawrence Seaway Develop- those entities to carry out joint transpor- (3) Breakdowns in the transportation sup- ment Corporation; tation research and technology efforts. ply chain network, particularly at the Na- ‘‘(H) the Advisory Committee on Supply ‘‘(f) FEDERAL SHARE.— tion’s ports, can result in tremendous eco- Chain Competitiveness; ‘‘(I) representative from the rail industry; ‘‘(1) IN GENERAL.—Subject to paragraph (2), nomic losses for agri culture, businesses, and the Federal share of the cost of an activity retailers that rely on timely shipments. ‘‘(J) representative from the trucking in- carried out under subsection (e)(3) shall not (4) A clear understanding of terminal and dustry; ‘‘(K) representative from the maritime exceed 50 percent. port productivity and throughput should shipping industry; ‘‘(2) EXCEPTION.—If the Secretary deter- help— ‘‘(L) representative from a labor organiza- mines that the activity is of substantial pub- (A) to identify freight bottlenecks; tion for each industry described in subpara- lic interest or benefit, the Secretary may ap- (B) to indicate performance and trends graphs (I) through (K); prove a greater Federal share. over time; and ‘‘(M) representative from a port authority; ‘‘(3) NON-FEDERAL SHARE.—All costs di- (C) to inform investment decisions. ‘‘(N) representative from a terminal oper- rectly incurred by the non-Federal partners, SEC. 31303. PORT PERFORMANCE FREIGHT STA- TISTICS PROGRAM. ator; including personnel, travel, facility, and ‘‘(O) representatives of the National (a) IN GENERAL.—Chapter 63 is amended by hardware development costs, shall be cred- Freight Advisory Committee of the Depart- adding at the end the following: ited toward the non-Federal share of the cost ment; and of an activity described in paragraph (1). ‘‘§ 6314. Port performance freight statistics ‘‘(P) representatives of the Transportation ‘‘(g) PROGRAM EVALUATION AND OVER- program Research Board of the National Academies. SIGHT.—For fiscal years 2016 through 2021, (a) IN GENERAL.—The Director shall estab- ‘‘(3) RECOMMENDATIONS.—Not later than the Secretary is authorized to expend not lish, on ‘‘behalf of the Secretary, a port per- year after the date of the enactment of the more than and a half percent of the amounts formance statistics program to provide na- Port Performance Act, the working group authorized to be appropriated for necessary tionally consistent measures of performance commissioned under this subsection shall expenses for administration and operations of, at a minimum— submit its recommendations to the Director. of the Office of the Assistant Secretary for ‘‘(1) the Nation’s top ports by tonnage; ‘‘(d) ACCESS TO DATA.—The Director shall Research and Technology for the coordina- ‘‘(2) the Nation’s top ports by 20-foot equiv- ensure that the statistics compiled under tion, evaluation, and oversight of the pro- alent unit; and this section are readily accessible to the pub- grams administered under this section. ‘‘(3) the Nation’s top ports by dry bulk. lic, consistent with applicable security con- ‘‘(h) USE OF TECHNOLOGY.—The research, ‘‘(b) ANNUAL REPORTS.— straints and confidentiality interests.’’. development, or use of a technology under a ‘‘(1) PORT CAPACITY AND THROUGHPUT.—Not (b) PROHIBITION ON CERTAIN DISCLOSURES.— contract, grant, cooperative research and de- ‘‘later than January of each year, the Direc- Section 6307(b)(1) is amended by inserting velopment agreement, or other agreement tor shall submit an annual report to Con- ‘‘or section 6314(b)’’ after ‘‘section entered into under this section, including gress that includes statistics on capacity and 6302(b)(3)(B)’’ each place it appears. the terms under which the technology may throughput at the ports described in sub- (c) COPIES OF REPORTS.—Section be licensed and the resulting royalties may section (a). 6307(b)(2)(A) is amended by inserting ‘‘or sec- be distributed, shall be subject to the Ste- ‘‘(2) PORT PERFORMANCE MEASURES.—The tion 6314(b)’’ after ‘‘section 206302(b)(3)(B)’’. venson-Wydler Technology Innovation Act of Director shall collect monthly port perform- (d) TECHNICAL AND CONFORMING AMEND- 1980 (15 U.S.C. 3701 et seq.). ance measures for each of the United States MENT.— ‘‘(i) WAIVER OF ADVERTISING REQUIRE- ports referred to in subsection (a) that re- The table of contents for chapter 63 is MENTS.— Section 6101 of title 41 shall not ceives Federal assistance or is subject to amended by adding at the end the following: apply to a contract, grant, or other agree- Federal regulation to submit an annual re- ‘‘6314. Port performance freight statistics ment entered into under this section.’’. port to the Bureau of Transportation Statis- program.’’. (5) TABLE OF CONTENTS.—The item relating tics that includes monthly statistics on ca- TITLE XXXII—COMMERCIAL MOTOR to section 330 in the table of contents of pacity and throughput as applicable to the VEHICLE AND DRIVER PROGRAMS chapter is amended by striking ‘‘Contracts’’ specific configuration of the port. Subtitle A—Compliance, Safety, and and inserting ‘‘Activities’’. ‘‘(A) MONTHLY MEASURES.—The Director Accountability Reform (6) BUREAU OF TRANSPORTATION STATIS- ‘‘shall collect monthly measures, including— TICS.—Section 6302(a) is amended to read as ‘‘(i) the average number of lifts per hour of SEC. 32001. CORRELATION STUDY. follows: containers by crane; (a) IN GENERAL.—The Administrator of the ‘‘(a) IN GENERAL.—There shall be within ‘‘(ii) the average vessel turn time by vessel Federal Motor Carrier Safety Administra- the Department the Bureau of Transpor- type; tion (referred to in this subtitle as the ‘‘Ad- tation Statistics.’’. ‘‘(iii) the average cargo or container dwell ministrator’’) shall commission the National (b) TITLE AMENDMENTS.— time; Research Council of the National Academies (1) POSITIONS AT LEVEL III.—Section 5313 of ‘‘(iv) the average truck time at ports; to conduct a study of— title 5, United States Code, is amended by ‘‘(v) the average rail time at ports; and (1) the Safety Measurement System (re- striking ‘‘Under Secretary of Transportation ‘‘(vi) any additional metrics, as determined ferred to in this subtitle as ‘‘SMS’’); and for Security.’’. by the Director after receiving recommenda- (2) the Compliance, Safety, Accountability (2) POSITIONS AT LEVEL III.—Section 5314 of tions from the working group established program (referred to in this subtitle as the title 5, United States Code, is amended by under subsection (c). ‘‘CSA program’’). striking ‘‘Administrator, Research and Inno- ‘‘(B) MODIFICATIONS.—The Director may (b) SCOPE OF STUDY.—In carrying out the vative Tech″nology Administration.’’. consider a modification to a metric under study commissioned pursuant to subsection (3) POSITIONS AT LEVEL IV.—Section 5315 of subparagraph (A) if the modification meets (a), the National Research Council— title 5, United States Code, is amended by the intent of the section. (1) shall analyze— striking ‘‘(c) RECOMMENDATIONS.— (A) the accuracy with which the Behavior ‘‘(4)’’ in the undesignated item relating to ‘‘(1) IN GENERAL.—The Director shall ob- Analysis and Safety Improvement Categories Assistant Secretaries of Transportation and tain recommendations for— (referred to in this subtitle as ‘‘BASIC’’) inserting ‘‘(5)’’ ‘‘(A) specifications and data measurements safety measures used by SMS— (4) POSITIONS AT LEVEL V.—Section 5316 is for the port performance measures listed in (i) identify high risk drivers and carriers; amended by striking ‘‘Associate Deputy Sec- subsection (b)(2); and retary, Department of Transportation.’’. ‘‘(B) additionally needed data elements for (ii) predict or be correlated with future SEC. 31208. REPEAL OF OBSOLETE OFFICE. measuring port performance; and crash risk, crash severity, or other safety in- (a) IN GENERAL.—Section 5503 is repealed. ‘‘(C) a process for the Department of dicators for individual drivers, motor car- (b) TABLE OF CONTENTS.—The table of con- Transportation to collect timely and con- riers, and the highest risk carriers; tents of chapter 55 is amended by striking sistent data, including identifying safe- (B) the methodology used to calculate the item relating to section 5503. guards to protect proprietary information BASIC percentiles and identify carriers for described in subsection (b)(2). enforcement, including the weights assigned Subtitle C—Port Performance Act ‘‘(2) WORKING GROUP.—Not later than 60 to particular violations, and the tie between SEC. 31301. SHORT TITLE. days after the date of the enactment of the crash risk and specific regulatory violations, This subtitle may be cited as the ‘‘Port Port Performance Act, the Director shall in order to accurately identify and predict Performance Act’’. commission a working group composed of— future crash risk for motor carriers; SEC. 31302. FINDINGS. ‘‘(A) operating administrations of the De- (C) the relative value of inspection infor- Congress finds the following: partment of Transportation; mation and roadside enforcement data;

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SAFETY IMPROVEMENT METRICS. with this section; (2) should consider— (a) IN GENERAL.—The Administrator shall (5) ensuring that the credits or recognition (A) whether the current SMS provides incorporate a methodology into the CSA pro- referred to in paragraph (1) reflect the safety comparable precision and confidence for gram or establish a third-party process to improvement anticipated as a result of the SMS alerts and percentiles for the relative allow recognition, including credit, improved installation or use of the specific tech- crash risk of individual large and small score, or by establishing a safety BASIC in nology, advanced safety equipment, en- motor carriers; SMS for safety technology, tools, programs, hanced driver fitness measure, tool, pro- (B) whether alternative systems would and systems approved by the Administrator gram, or system; identify high risk carriers or identify high through the qualification process developed (6) verifying the deployment and use of risk drivers and motor carriers more accu- under subsection (b) that exceed regulatory qualifying equipment or management sys- rately; and requirements or are used to enhance safety tems by a motor carrier through a certifi- (C) the recommendations and findings of performance, including— cation from the vehicle manufacturer, the the Comptroller General of the United States (1) the installation of qualifying advanced system or service provider, the insurance and the Inspector General, and independent safety equipment, such as— carrier, or through documents submitted by review team reports issued before the date of (A) collision mitigation systems; the motor carrier to the Department of the enactment of this Act. (B) lane departure warnings; Transportation; (c) REPORT.—Not later than 18 months (C) speed limiters; (7) annually reviewing the list of quali- after the date of enactment of this Act, the (D) electronic logging devices; fying safety technology, advanced safety Administrator shall submit a report con- (E) electronic stability control; equipment, enhanced driver fitness meas- taining the results of the completed study (F) critical event recorders; and ures, tools, programs, or systems; and to— (G) strengthening rear guards and (8) removing systems mandated by law or (1) the Committee on Commerce, Science, sideguards for underride protection; regulation, or if such systems demonstrate a and Transportation of the Senate; (2) the use of enhanced driver fitness meas- lack of efficacy, from the list of qualifying (2) the Committee on Transportation and ures that exceed current regulatory require- technologies, advanced safety equipment, en- Infrastructure of the House of Representa- ments, such as— hanced driver fitness measures, tools, pro- tives; (A) additional new driver training; grams, or systems eligible for credit under (3) the Inspector General of the Depart- (B) enhanced and ongoing driver training; the CSA program. ment of Transportation; and and (e) DISSEMINATION OF INFORMATION.—The (4) the Comptroller General of the United (C) remedial driver training to address spe- Administrator shall maintain a public States. cific deficiencies as identified in roadside in- website that contains information regard- (d) CORRECTIVE ACTION PLAN.— spection or enforcement reports; ing— (1) IN GENERAL.—Not later than 120 days (3) the adoption of qualifying administra- (1) the technology, advanced safety equip- after the Administrator submits a report tive fleet safety management tools tech- ment, enhanced driver fitness measures, under subsection (c) that identifies a defi- nologies, driver performance and behavior tools, programs, or systems eligible for cred- ciency or opportunity for improvement in management technologies, and programs; it and improved scores; the CSA program or in any element of SMS, and (2) any petitions for study of the tech- the Administrator shall submit a corrective (4) technologies and measures identified nology, advanced safety equipment, en- action plan to the Committee on Commerce, through the process described in subsection hanced driver fitness measures, tools, pro- Science, and Transportation of the Senate (c). grams, or systems; and and the Committee on Transportation and (b) QUALIFICATION.—The Administrator, (3) statistics and information relating to Infrastructure of the House of Representa- through a notice and comment process, shall the use of such technology, advanced safety tives that— develop technical or other performance equipment, enhanced driver fitness meas- (A) responds to the concerns highlighted standards for technology, advanced safety ures, tools, programs, or systems. by the report; equipment, enhanced driver fitness meas- (f) PUBLIC REPORT.—Not later than 1 year (B) identifies how the Federal Motor Car- ures, tools, programs, or systems used by after the establishment of the Safety Im- rier Safety Administration will address such motor carriers that will qualify for credit provement Metrics System (referred to in concerns; and under this section. this section as ‘‘SIMS’’) under this section, (C) provides an estimate of the cost, in- (c) ADDITIONAL REQUIREMENTS.—In modi- and annually thereafter, the Administrator cluding changes in staffing, enforcement, fying the CSA program under subsection (a), shall publish, on a public website, a report and data collection necessary to implement the Administrator, through notice and com- that identifies— the recommendations. ment, shall develop a process for identifying (1) the types of technology, advanced safe- (2) PROGRAM REFORMS.—The corrective ac- and reviewing other technology, advanced ty equipment, enhanced driver fitness meas- tion plan submitted under paragraph (1) safety equipment, enhanced driver fitness ures, tools, programs, or systems that are el- shall include an implementation plan that— measures, tools, programs, or systems used igible for credit; (A) includes benchmarks; by motor carriers to improve safety perform- (2) the number of instances in which each (B) includes programmatic reforms, revi- ance that— technology, advanced safety equipment, en- sions to regulations, or proposals for legisla- (1) provides for a petition for reviewing hanced driver fitness measure, tool, pro- tion; and technology, advanced safety equipment, en- gram, or system is used; (C) shall be considered in any rulemaking hanced driver fitness measures, tools, pro- (3) the number of motor carriers, and a de- by the Department of Transportation that grams, or systems; scription of the carrier’s fleet size, that re- relates to the CSA program, including the (2) seeks input and participation from in- ceived recognition or credit under the modi- SMS data sets or analysis. dustry stakeholders, including drivers, tech- fied CSA program; and (e) INSPECTOR GENERAL REVIEW.—Not later nology manufacturers, vehicle manufactur- (4) the pre- and post-adoption safety per- than 120 days after the Administrator issues ers, motor carriers, enforcement commu- formance of the motor carriers described in a corrective action plan under subsection (d), nities, and safety advocates, and the Motor paragraph (3). the Inspector General of the Department of Carrier Safety Advisory Committee; and (g) IMPLEMENTATION AND OVERSIGHT RE- Transportation shall— (3) includes technology, advanced safety SPONSIBILITY.—The Administrator shall en- (1) review the extent to which such plan equipment, enhanced driver fitness meas- sure that the activities described in sub- implements— ures, tools, programs, or systems with a date sections (a) through (f) of this section are (A) recommendations contained in the re- certain for future statutory or regulatory not required under section 31102 of title 49, port submitted under subsection (c); and implementation. United States Code, as amended by this Act. (B) recommendations issued by the Comp- (d) SAFETY IMPROVEMENT METRICS USE AND (h) EVALUATION.— troller General or the Inspector General be- VERIFICATION.—The Administrator, through (1) IN GENERAL.—Not later than 2 years fore the date of enactment of this Act; and notice and comment process, shall develop a after the implementation of SIMS under this (2) submit a report to the Committee on process for— section, the Administrator shall conduct an Commerce, Science, and Transportation of (1) providing recognition or credit within a evaluation of the effectiveness of SIMS by the Senate and the Committee on Transpor- motor carrier’s SMS score for the installa- reviewing the impacts of SIMS on— tation and Infrastructure of the House of tion and use of measures in paragraphs (1) (A) law enforcement, commercial drivers Representatives on the responsiveness of the through (4) of subsection (a); and motor carriers, and motor carrier safety; corrective action plan to the recommenda- (2) ensuring that the safety improvement and tions described in paragraph (1). metrics developed under this section are pre- (B) safety and adoption of new tech- (f) FISCAL LIMITATION.—The Administrator sented with other SMS data; nologies. shall carry out the study required under this (3) verifying the installation or use of such (2) REPORT.—Not later than 30 months section using amounts appropriated to the technology, advanced safety equipment, en- after the implementation of the program,

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the Administrator shall submit a report to (1) IN GENERAL.—Notwithstanding the limi- (3) to have struck the commercial motor the Committee on Commerce, Science, and tations set forth in subsections (a) and (b)— vehicle in the rear; Transportation of the Senate and the Com- (A) the Federal Motor Carrier Safety Ad- (4) to have struck the commercial motor mittee on Transportation and Infrastructure ministration and State and local commercial vehicle which was legally stopped; of the House of Representatives that de- motor vehicle enforcement agencies may (5) by the investigating officer or agency to scribes— only use the information referred to in sub- have been responsible for the crash; or (A) the results of the evaluation conducted section (a) for purposes of investigation and (6) to have committed other violations de- under paragraph (1); and enforcement prioritization; termined by the Administrator. (B) the actions the Federal Motor Carrier (B) motor carriers and commercial motor (b) DOCUMENTS.—As part of a request for Safety Administration plans to take to mod- vehicle drivers may access information re- review under subsection (a), the motor car- ify the demonstration program based on such ferred to in subsection (a) that relates di- rier or driver shall submit a copy of avail- results. rectly to the motor carrier or driver, respec- able police reports, crash investigations, ju- (i) USE OF ESTIMATES OF SAFETY EF- tively; and dicial actions, insurance claim information, FECTS.—In conducting regulatory impact (C) the data analysis of motorcoach opera- and any related court actions submitted by analyses for rulemakings relating to the tors may be provided online, with a notation each party involved in the accident. technology, advanced safety equipment, en- indicating that the ratings or alerts listed (c) SOLICITATION OF OTHER INFORMATION.— hanced driver fitness measures, tools, pro- are not intended to imply any Federal safety Following a notice and comment period, the grams, or systems selected for credit under rating of the carrier. Administrator may solicit other types of in- the CSA program, the Administrator, to the (2) NOTATION.—The notation described formation to be collected under subsection extent practicable, shall use the data gath- under paragraph (1)(C) shall include: ‘‘Read- (b) to facilitate appropriate reviews under ered under this section and appropriate sta- ers should not draw conclusions about a car- this section. tistical methodology, including sufficient rier’s overall safety condition simply based (d) EVALUATION.—The Federal Motor Car- sample sizes, composition, and appropriate on the data displayed in this system. Unless rier Safety Administration shall review the comparison groups, including representative a motor carrier has received an UNSATIS- information submitted under subsections (b) motor carriers of all sizes, to estimate the FACTORY safety rating under part 385 of and (c). effects on safety performance and reduction title 49, Code of Federal Regulations, or has (e) RESULTS.—Subject to subsection (h)(2), in the number and severity of accidents with otherwise been ordered to discontinue oper- the results of the review under subsection qualifying technology, advanced safety ations by the Federal Motor Carrier Safety (a)— equipment, tools, programs, and systems. Administration, it is authorized to operate (1) shall be used to recalculate the motor (j) SAVINGS PROVISION.—Nothing in this on the Nation’s roadways.’’. carrier’s crash BASIC percentile; and section may be construed to provide the Ad- (3) LIMITATION.—Nothing in subparagraphs (2) if the carrier is determined not to be re- ministrator with additional authority to (A) and (B) of paragraph (1) may be con- sponsible for the crash incident, such infor- change the requirements for the operation of strued to restrict the official use by State mation, shall be reflected on the website of a commercial motor vehicle. enforcement agencies of the data collected the Federal Motor Carrier Safety Adminis- SEC. 32003. DATA CERTIFICATION. by State enforcement personnel. tration. (a) LIMITATION.—Beginning not later than 1 (e) CERTIFICATION.—The certification proc- (f) FEE SYSTEM.— day after the date of enactment of this Act, ess described in subsection (a) shall occur (1) ESTABLISHMENT.—The Administrator none of the analysis of violation informa- concurrently with the implementation of may establish a fee system, in accordance tion, enforcement prioritization, not-at-fault SIMS under section 32002. with section 9701 of title 31, United States crashes, alerts, or the relative percentile for (f) COMPLETION.—The Secretary shall mod- Code, in which a motor carrier is charged a each Behavioral Analysis and Safety Im- ify the CSA program in accordance with sec- fee for each review of a crash requested by provement Category developed through the tion 32002 not later than year after the date such motor carrier under this section. CSA program may be made available to the of completion of the report described in sec- (2) DISPOSITION OF FEES.—Fees collected general public (including through requests tion 32001(c). under this section— under section 552 of title 5, United States SEC. 32004. DATA IMPROVEMENT. (A) may be credited to the Department of Code), but violation and inspection informa- (a) FUNCTIONAL SPECIFICATIONS.—Not later Transportation appropriations account for tion submitted by the States may be pre- than 180 days after the date of enactment of purpose of carrying out this section; and sented, until the Inspector General of the this Act, the Administrator shall develop (B) shall be used to fully fund the oper- Department of Transportation certifies functional specifications to ensure the con- ation of the review program authorized that— sistent and accurate input of data into sys- under this section. (1) any deficiencies identified in the cor- tems and databases relating to the CSA pro- (g) REVIEW AND REPORT.—Not earlier than relation study required under section 32001 gram. 2 years after the establishment of the dem- have been addressed; (b) FUNCTIONALITY.—The specifications de- onstration program under this section, the (2) the corrective action plan has been im- veloped pursuant to subsection (a)— Administrator shall— plemented and the concerns raised by the (1) shall provide for the hardcoding and (1) conduct a review of the internal crash correlation study under section 32001 have smart logic functionality for roadside in- review program to determine if other crash been addressed; spection data collection systems and data- types should be included; and (3) the Administrator has fully imple- bases; and (2) submit a report to Congress that de- mented or satisfactorily addressed the issues (2) shall be made available to public and scribes— raised in the February 2014 GAO report enti- private sector developers. (A) the number of crashes reviewed; tled ‘‘Modifying the Compliance, Safety, Ac- (c) EFFECTIVE DATA MANAGEMENT.—The (B) the number of crashes for which the countability Program Would Improve the Administrator shall ensure that internal sys- commercial motor vehicle operator was de- Ability to Identify High Risk Carriers’’ tems and databases accept and effectively termined not to be at fault; and (GAO–14–114), which called into question the manage data using uniform standards. (C) relevant information relating to the accuracy and completeness of safety per- (d) CONSULTATION WITH THE STATES.—Be- program, including the cost to operate the formance calculations; fore implementing the functional specifica- program and the fee structure established. (4) the study required under section 32001 tions described in subsection (a) or the (h) IMPLEMENTATION AND OVERSIGHT RE- has been published on a public website; and standards described in subsection (c), the Ad- SPONSIBILITY.— (5) the CSA program has been modified in ministrator shall seek input from the State (1) IN GENERAL.—The Administrator shall accordance with section 32002. agencies responsible for enforcing section ensure that the activities described in sub- (b) LIMITATION ON USE OF CSA ANALYSIS.— 31102 of title 49, United States Code. sections (a) through (d) of this section are The analysis of violation information, en- SEC. 32005. ACCIDENT REPORT INFORMATION. not required under section 31102 of title 49, forcement prioritization, alerts, or the rel- (a) REVIEW.—The Administrator shall ini- United States Code, as amended by this Act. ative percentile for each Behavioral Analysis tiate a demonstration program that allows (2) REVIEWS INVOLVING FATALITIES.—If a re- and Safety Improvement Category developed motor carriers and drivers to request a re- view under subsection (a) involves a fatality, through the CSA program within the SMS view of crashes, and the removal of crash the Inspector General of the Department of system may not be used for safety fitness de- data for use in the Federal Motor Carrier Transportation shall audit and certify the terminations until the requirements under Safety Administration’s safety measurement review prior to making any changes under subsection (a) have been satisfied. system of crashes, and removal from any subsection (e). (c) CONTINUED PUBLIC AVAILABILITY OF weighting, or carrier safety analysis, if the SEC. 32006. POST-ACCIDENT REPORT REVIEW. DATA.—Inspection and violation information commercial motor vehicle was operated le- (a) IN GENERAL.—Not later than 120 days submitted to the Federal Motor Carrier Safe- gally and another motorist in connection after the date of enactment of this Act, the ty Administration by commercial motor ve- with the crash is found— Secretary shall convene a working group— hicle inspectors and qualified law enforce- (1) to have been driving under the influ- (1) to review the data elements of post-ac- ment officials shall remain available for pub- ence; cident reports, for tow-away accidents in- lic viewing. (2) to have been driving the wrong direc- volving commercial motor vehicles, that are (d) EXCEPTIONS.— tion on a roadway; reported to the Federal Government; and

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(2) to report to the Secretary its findings retary determines that a significant number (4) DETERMINATION.—At the end of the 60- and any recommendations, including best of crashes are not covered by the current day period under paragraph (3)(B), the Sec- practices for State post-accident reports to minimum insurance requirements, the Sec- retary shall publish a determination in the achieve the data elements described in sub- retary shall commence a rulemaking to de- Federal Register, including— section (c). termine whether to increase the minimum (A) the reason for granting or denying the (b) COMPOSITION.—Not less than 51 percent levels of financial responsibility required application; and of the working group should be composed of under section 31139 of title 49, United States (B) if the application is granted— individuals representing the States or State Code, for a motor carrier to transport prop- (i) the specific class of persons eligible for law enforcement officials. The remaining erty. the exemption; members of the working group shall rep- (b) CONSIDERATIONS.—In considering a no- (ii) each provision of the regulations to resent industry, labor, safety advocates, and tice of proposed rulemaking or final rule to which the exemption applies; and other interested parties. increase the minimum levels of financial re- (iii) any conditions or limitations applied (c) CONSIDERATIONS.—The working group sponsibility under subsection (a), the Sec- to the exemption. shall consider requiring additional data ele- retary shall identify and consider— (5) CONSIDERATIONS.—In making a deter- ments, including— (1) current State insurance requirements; (1) the primary cause of the accident, if the (2) the differences between the State insur- mination whether to grant or deny an appli- primary cause can be determined; ance requirements identified under para- cation for an exemption, the Secretary shall (2) the physical characteristics of the com- graph (1) and Federal requirements; consider the safety impacts of the request mercial motor vehicle and any other vehicle (3) the amount of an insurance claim at the and may provide appropriate conditions or involved in the accident, including— current minimum levels of financial respon- limitations on the use of the exemption. (A) the vehicle configuration; sibility that is applied toward— (c) OPPORTUNITY FOR RESUBMISSION.—If an (B) the gross vehicle weight if the weight (A) medical care; application is denied and the applicant can can be readily determined; (B) compensation; or reasonably address the reason for the denial, (C) the number of axles; and (C) other identifiable costs of a claim; and the Secretary may allow the applicant to re- (D) the distance between axles, if the dis- (4) the frequency in which an insurance submit the application. tance can be readily determined; and claim exceeds the current minimum levels of (d) PERIOD OF APPLICABILITY.— (3) any data elements that could con- financial responsibility, including, to the ex- tribute to the appropriate consideration of (1) IN GENERAL.—Except as provided in tent practicable, unsealed verdicts and set- requests under section 32005. paragraph (2) of this subsection and sub- (d) REPORT.—Not later than year after the tlements. section (f), each exemption granted under date of enactment of this Act, the Secretary (c) RULEMAKING.—If the Secretary com- this section shall be valid for a period of 5 shall— mences a rulemaking under subsection (a), years unless the Secretary identifies a com- (1) review the findings of the working the Secretary shall include in the rule- pelling reason for a shorter exemption pe- group; making— riod. (2) identify the best practices for State (1) an estimate of the regulation’s impact (2) RENEWAL.—At the end of the 5-year pe- post-accident reports that are reported to on— riod under paragraph (1)— the Federal Government, including identi- (A) the safety of motor vehicle transpor- (A) the Secretary, at the Secretary’s dis- fying the data elements that should be col- tation; cretion, may renew the exemption for an ad- (B) the economic condition of the motor lected following a tow-away commercial ditional 5-year period; or carrier industry, including small and minor- motor vehicle accident; and (B) an applicant may apply under sub- ity motor carriers and independent owner- (3) recommend to the States the adoption section (a) for a permanent exemption from operators; of new data elements to be collected fol- each applicable provision of the regulations. lowing reportable commercial motor vehicle (C) the ability of the insurance industry to provide the required amount of insurance; (e) LIMITATION.—No exemption under this accidents. section may be granted to or used by any SEC. 32007. RECOGNIZING EXCELLENCE IN SAFE- and (D) the ability of the minimum insurance motor carrier that has an unsatisfactory or TY. conditional safety fitness determination. (a) IN GENERAL.—The Administrator shall level to cover the full cost of injuries, com- (f) PERMANENT EXEMPTIONS.— establish a program to publicly recognize pensatory damages, and fatalities; and motor carriers and drivers whose safety (2) an estimate of the effects an increase in (1) IN GENERAL.—The Secretary shall make records and programs exceed compliance the minimum levels of financial responsi- permanent the following limited exceptions: with the Federal Motor Carrier Safety Ad- bility would have on— (A) Department of Defense Military Sur- ministration’s safety regulations and dem- (A) small motor carriers; face Deployment and Distribution Command (B) insurance premiums for motor carriers, onstrate clear and outstanding safety prac- transport of weapons, munitions, and sen- including small and minority motor carriers tices. sitive classified cargo as published in the (b) RESTRICTION.—The program established and independent owner-operators; and Federal Register Volume 80 on April 16, 2015 under subsection (a) may not be deemed to (C) the availability of insurance to meet (80 Fed. Reg. 20556). be an endorsement of, or a preference for, the minimum levels of financial responsi- (B) Department of Energy transport of se- motor carriers or drivers recognized under bility. curity-sensitive radioactive materials as the program. SEC. 32202. PETITIONS FOR REGULATORY RE- published in the Federal Register Volume 80 LIEF. SEC. 32008. HIGH RISK CARRIER REVIEWS. on June 22, 2015 (80 Fed. Reg. 35703). (a) APPLICATIONS FOR REGULATORY RE- (a) IN GENERAL.—After the completion of (C) Motor carriers that transport haz- LIEF.—Notwithstanding subpart C of part 381 the certification under section 32003 of this ardous materials shipments requiring secu- of title 49, Code of Federal Regulations, the Act, and the establishment of the Safety Fit- rity plans under regulations of the Pipeline Secretary shall allow an applicant rep- ness Determination program, the Secretary and Hazardous Materials Safety Administra- resenting a class or group of motor carriers shall ensure that a review is completed on tion as published in the Federal Register to apply for a specific exemption from any each motor carrier that demonstrates Volume 80 on May 1, 2015 (80 Fed. Reg. 25004). provision of the regulations under part 395 of through performance data that it poses the (D) Perishable construction products as title 49, Code of Federal Regulations, for highest safety risk. At a minimum, a review published in the Federal Register Volume 80 commercial motor vehicle drivers. shall be conducted whenever a motor carrier on April 2, 2015 (80 Fed. Reg. 17819). (b) REVIEW PROCESS.— is among the highest risk carriers for con- (E) Passenger vehicle record of duty status (1) IN GENERAL.—The Secretary shall estab- change as published in the Federal Register secutive months. lish the procedures for the application for (b) REPORT.—Not later than 180 days after Volume 80 on June 4, 2015 (80 Fed. Reg. 31961). and the review of an exemption under sub- the completion of the certification under section (a). (F) Transport of commercial bee hives as section 32003 of this Act and the establish- (2) PUBLICATION.—Not later than 30 days published in the Federal Register Volume 80 ment of the Safety Fitness Determination after the date of receipt of an application for on June 19, 2018. (80 Fed. Reg. 35425). program, the Secretary shall post on a public an exemption, the Secretary shall publish (G) Specialized carriers and drivers respon- website a report on the actions the Secretary the application in the Federal Register and sible for transporting loads requiring special has taken to comply with this section, in- provide the public with an opportunity to permits as published in the Federal Register cluding the number of high risk carriers comment. Volume 80 on June 18, 2015 (80 Fed. Reg. identified and the high risk carriers re- (3) PUBLIC COMMENT.— 34957). viewed. (A) IN GENERAL.—Each application shall be (H) Safe transport of livestock as published (c) CONFORMING AMENDMENT.—Section 4138 available for public comment for a 30-day pe- in the Federal Register Volume 80 on June of the Safe, Accountable, Flexible, Efficient riod, but the Secretary may extend the op- 12, 2015 (80 Fed. Reg. 33584). Transportation Equity Act: A Legacy for portunity for public comment for up to 60 (2) ADDITIONAL EXEMPTIONS.—The Sec- Users (49 U.S.C. 31144 note) is repealed. days if it is a significant or complex request. retary may make any temporary exemption Subtitle B—Transparency and Accountability (B) REVIEW.—Beginning on the date that from any provision of the regulations under SEC. 32201. RULEMAKING REQUIREMENTS. the public comment period under subpara- part 395 of title 49, Code of Federal Regula- (a) IN GENERAL.—Not later than years after graph (A) ends, the Secretary shall have 60 tions, for commercial motor vehicle drivers the date of enactment of this Act, if the Sec- days to review all of the comments received. that is in effect on the date of enactment of

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this Act permanent if the Secretary deter- (1) the minimum entry-level training re- (b) UPDATE.—Not later than 1 year after mines that the permanent exemption will quirements for an individual operating a the date of enactment of this Act, the Sec- not degrade safety. The Secretary shall pro- commercial motor vehicle under section retary shall review regulations, guidance, vide public notice and comment on a list of 31305(c) of title 49, United States Code; and enforcement policies published on the the additional temporary exemptions to be (2) motor carrier safety fitness determina- Department of Transportation’s public made permanent under this paragraph. tions; website to ensure the regulations, guidance, (3) REVOCATION OF EXEMPTIONS.—The Sec- (3) visibility of agricultural equipment and enforcement policies are current, readily retary may revoke an exemption issued under section 31601 of division C of the Mov- accessible to the public, and meet the stand- under this section if the Secretary can dem- ing Ahead for Progress in the 21st Century ards under subsection (c)(1). onstrate that the exemption has had a nega- Act (49 U.S.C. 30111 note); (c) REVIEW.— tive impact on safety. (4) regulations to require commercial (1) IN GENERAL.—Subject to paragraph (2), SEC. 32203. INSPECTOR STANDARDS. motor vehicles in interstate commerce and not less than once every 5 years, the Admin- Not later than 90 days after the date of en- operated by a driver subject to the hours of istrator of the Federal Motor Carrier Safety actment of this Act, the Administrator of service and record of duty status require- Administration shall conduct a comprehen- the Federal Motor Carrier Safety Adminis- ments under part 395 of title 49, Code of Fed- sive review of its guidance and enforcement tration shall revise the regulations under eral Regulations, be equipped with an elec- policies to determine whether— part 385 of title 49, Code of Federal Regula- tronic control module capable of limiting (A) the guidance and enforcement policies tions, as necessary, to incorporate by ref- the maximum speed of the vehicle; and are consistent and clear; erence the certification standards for road- (5) any outstanding commercial motor ve- (B) the guidance is uniformly and consist- side inspectors issued by the Commercial Ve- hicle safety regulation required by law and ently enforceable; and hicle Safety Alliance. incomplete for more than 2 years. (C) the guidance is still necessary. (2) NOTICE AND COMMENT.—Prior to begin- SEC. 32204. TECHNOLOGY IMPROVEMENTS. (b) CONTENTS.—Each report under sub- ning the review, the Administrator shall (a) IN GENERAL.—Not later than 1 year section (a) shall include a description of the after the date of enactment of this Act, the work plan, an updated rulemaking timeline, publish in the Federal Register a notice and Government Accountability Office shall con- current staff allocations, any resource con- request for comment soliciting input from duct a comprehensive analysis on the Fed- straints, and any other details associated stakeholders on which regulations should be eral Motor Carrier Safety Administration’s with the development of the rulemaking. updated or eliminated. (3) PRIORITIZATION OF OUTSTANDING PETI- information technology and data collection SEC. 32302. STATUTORY RULEMAKING. TIONS.—As part of the review under para- and management systems. The Administrator of the Federal Motor graph (1), the Administrator shall prioritize (b) REQUIREMENTS.—The study conducted Carrier Safety Administration shall consideration of each outstanding petition under subsection (a) shall— prioritize the use of Federal Motor Carrier (as defined in section 32304(b) of this Act) (1) evaluate the efficacy of the existing in- Safety Administration resources for the submitted by a stakeholder for rulemaking. formation technology, data collection, proc- completion of each outstanding statutory re- essing systems, and data management sys- (4) REPORT.— quirement for a rulemaking before beginning (A) IN GENERAL.—Not later than 60 days tems and programs, including their inter- any new rulemaking unless the Secretary after the date that a review under paragraph action with each other and their efficacy in certifies to Congress that there is an immi- (1) is complete, the Administrator shall pub- meeting user needs; nent and significant safety need to move for- lish on the Department of Transportation’s (2) identify any redundancies among the ward with a new rulemaking. systems and programs described in para- public website a report detailing the review SEC. 32303. GUIDANCE REFORM. graph (1); and a full inventory of guidance and enforce- (3) explore the feasibility of consolidating (a) GUIDANCE.— ment policies. data collection and processing systems; (1) POINT OF CONTACT.—Each guidance doc- (B) INCLUSIONS.—The report under subpara- (4) evaluate the ability of the systems and ument, other than a regulatory action, graph (A) of this paragraph shall include a programs described in paragraph (1) to meet issued by the Federal Motor Carrier Safety summary of the response of the Federal the needs of— Administration shall have a date of publica- Motor Carrier Safety Administration to each (A) the Federal Motor Carrier Safety Ad- tion or a date of revision, as applicable, and comment received under paragraph (2) indi- ministration, at both the headquarters and the name and contact information of a point cating each request the Federal Motor Car- State level; of contact at the Federal Motor Carrier Safe- rier Safety Administration is granting. (B) the State agencies that implement the ty Administration who can respond to ques- SEC. 32304. PETITIONS. Motor Carrier Safety Assistance Program tions regarding the general applicability of (a) IN GENERAL.—The Administrator of the under section 31102 of title 49, United States the guidance. Federal Motor Carrier Safety Administra- Code; and (2) PUBLIC ACCESSIBILITY.— tion shall— (C) other users; (A) IN GENERAL.—Each guidance document (1) publish on the Department of Transpor- (5) evaluate the adaptability of the sys- and interpretation issued by the Federal tation’s public website all petitions for regu- tems and programs described in paragraph Motor Carrier Safety Administration shall latory action submitted; (1), in order to make necessary future be published on the Department of Transpor- (2) prioritize stakeholder petitions based changes to ensure user needs are met in an tation’s public website on the date of on the likelihood of providing safety im- easier, timely, and more cost efficient man- issuance. provements; ner; (B) REDACTION.—The Administrator of the (3) formally respond to each petition by in- (6) investigate and make recommendations Federal Motor Carrier Safety Administra- dicating whether the Administrator will ac- regarding— tion may redact from a guidance document cept, deny, or further review, the petition (A) deficiencies in existing data sets im- or interpretation under subparagraph (A) not later than 180 days after the date the pe- pacting program effectiveness; and any information that would reveal investiga- tition is published under paragraph (1); (B) methods to improve any and all user tive techniques that would compromise Fed- (4) prioritize resulting actions consistent interfaces; and eral Motor Carrier Safety Administration with an action’s potential to reduce crashes, (7) evaluate the appropriate role the Fed- enforcement efforts. improve enforcement, and reduce unneces- eral Motor Carrier Safety Administration (3) RULEMAKING.—Not later than 5 years sary burdens; and should take with respect to software and in- after the date that a guidance document is (5) not later than 60 days after the date of formation systems design, development, and published under paragraph (2) or during the receipt, publish, and update as necessary, on maintenance for the purpose of improving comprehensive review under subsection (c), the Department of Transportation’s public the efficacy of the systems and programs de- whichever is earlier, the Secretary, in con- website an inventory of the petitions de- scribed in paragraph (1). sultation with the Administrator, shall re- scribed in paragraph (1), including any appli- Subtitle C—Trucking Rules Updated by vise the applicable regulations to incor- cable disposition information for that peti- Comprehensive and Key Safety Reform porate the guidance document to the extent tion. SEC. 32301. UPDATE ON STATUTORY REQUIRE- practicable. (b) DEFINITION OF PETITION.—In this sec- MENTS. (4) REISSUANCE.—If a guidance document is tion, the term ‘‘petition’’ means a request (a) IN GENERAL.—Not later than 90 days not incorporated into the applicable regula- for new regulations, regulatory interpreta- after the date of enactment of this Act, and tions under paragraph (3), the Secretary tions or clarifications, or retrospective re- every 90 days thereafter until a final rule has shall— view of regulations to eliminate or modify been issued for each of the requirements de- (A) reissue an updated guidance document; obsolete, ineffective, or overly-burdensome scribed under paragraphs (1) through (5), the and rules. Administrator of the Federal Motor Carrier (B) review and reissue an updated guidance SEC. 32305. REGULATORY REFORM. Safety Administration shall submit to the document every 5 years during the com- (a) REGULATORY IMPACT ANALYSIS.— Committee on Commerce, Science, and prehensive review process under subsection (1) IN GENERAL.—Within each regulatory Transportation of the Senate and the Com- (c) until the date that the guidance docu- impact analysis of a proposed or final rule mittee on Transportation and Infrastructure ment is removed or incorporated into the ap- issued by the Federal Motor Carrier Safety of the House of Representatives a report on plicable regulations under paragraph (3) of Administration, the Secretary shall when- the status of a final rule for— this subsection. ever practicable—

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.048 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5263 (A) consider effects of the proposed or final (2) it is possible to pre-identify and estab- to be transported by a licensed driver under rule on a carrier with differing characteris- lish emergency routes between States the age of 21. tics; and through which infrastructure repair mate- (6) ADDITIONAL REQUIREMENTS.—The Sec- (B) formulate estimates and findings on rials could be delivered following a natural retary may— the best available science. disaster or an emergency; (A) prescribe such additional requirements, (2) SCOPE.—To the extent feasible and ap- (3) a State could pre-designate an emer- including training, for a licensed driver be- propriate, and consistent with law, the anal- gency route identified under paragraph (1) as tween the ages of 18 and 21 participating in ysis described in paragraph (1) shall— a certified emergency route if a motor vehi- the pilot program as the Secretary considers (A) use data generated from a representa- cle that exceeds the otherwise applicable necessary; and tive sample of commercial vehicle operators, Federal and State truck length or width lim- (B) provide risk mitigation restrictions motor carriers, or both, that will be covered its may safely operate along such route dur- and limitations. under the proposed or final rule; and ing period of emergency recovery; and (b) APPROVAL.—An interstate compact (B) consider effects on commercial truck (4) an online map could be created to iden- under subsection (a)(2) may not go into ef- and bus carriers of various sizes and types. tify each pre-designated emergency route fect until it has been approved by the gov- (b) PUBLIC PARTICIPATION.— under paragraph (2), including information ernor of each State (or the Mayor of the Dis- (1) IN GENERAL.—Before promulgating a on specific limitations, obligations, and noti- trict of Columbia, if applicable) that is a proposed rule under part B of subtitle VI of fication requirements along that route. party to the interstate compact, after con- title 49, United States Code, if the proposed (c) REPORT.—Not later than 1 year after sultation with the Secretary of Transpor- rule is likely to lead to the promulgation of the date of enactment of this Act, the work- tation and the Administrator of the Federal a major rule the Secretary shall— ing group shall submit to the Secretary a re- Motor Carrier Safety Administration. (A) issue an advance notice of proposed port of its findings under this section and (c) DATA COLLECTION.—The Secretary shall rulemaking; or any recommendations for the implementa- collect and analyze data relating to acci- (B) determine to proceed with a negotiated tion of the best practices for expeditious dents (as defined in section 390.5 of title 49, rulemaking. State approval of special permits for vehicles Code of Federal Regulations) in which a driv- (2) REQUIREMENTS.—Each advance notice of involved in emergency recovery. Upon re- er under the age 21 of participating in the proposed rulemaking issued under paragraph ceipt, the Secretary shall publish the report pilot program is involved. (1) shall— on a public website. (d) REPORT.—Beginning 3 years after the (A) identify the compelling public concern (d) FEDERAL ADVISORY COMMITTEE ACT EX- date the first compact is established and ap- for a potential regulatory action, such as EMPTION.—The Federal Advisory Committee proved, the Secretary shall submit to Con- failures of private markets to protect or im- Act (5 U.S.C. App.) shall not apply to the gress a report containing the data collection prove ″the safety of the public, the environ- working group established under this sec- and findings of the pilot program, a deter- ment, or the well-being of the American peo- tion. mination of whether a licensed driver be- ple; SEC. 32402. ADDITIONAL STATE AUTHORITY. tween the ages of 18 and 21 can operate a commercial motor vehicle in interstate com- (B) identify and request public comment on Notwithstanding any other provision of merce with an equivalent level of safety, and the best available science or technical infor- law, not later than 180 days after the date of the reasons for that determination. The Sec- mation on the need for regulatory action and enactment of this Act, any State impacted retary may extend the air mileage require- on the potential regulatory alternatives; by section 4006 of the Intermodal Surface ments under subsection (a)(3) to expand oper- (C) request public comment on the benefits Transportation Efficiency Act of 1991 (Public ation areas and gather additional data for and costs of potential regulatory alter- Law 102–240; 105 Stat. 2148) shall be provided analysis. natives reasonably likely to be included or the option to update the routes listed in the (e) TERMINATION.—The Secretary may ter- analyzed as part of the notice of proposed final list as long as the update shifts routes minate the pilot program if the data col- rulemaking; and to divided highways or does not increase cen- lected under subsection (c) indicates that (D) request public comment on the avail- terline miles by more than 5 percent and the drivers under the age of 21 do not operate in able alternatives to direct regulation, in- change is expected to increase safety per- interstate commerce with an equivalent cluding providing economic incentives to en- formance. courage the desired behavior. level of safety of those drivers age 21 and SEC. 32403. COMMERCIAL DRIVER ACCESS. (3) WAIVER.—This subsection shall not over. (a) INTERSTATE COMPACT PILOT PROGRAM.— apply when the Secretary, for good cause, Subtitle E—Motor Carrier Safety Grant (1) IN GENERAL.—The Administrator of the finds (and incorporates the finding and a Consolidation Federal Motor Carrier Safety Administra- brief statement of reasons for such finding in tion may establish a 6-year pilot program to SEC. 32501. DEFINITIONS. the proposed or final rule) an advance notice study the feasibility, benefits, and safety im- (a) IN GENERAL.—Section 31101 is amend- of proposed rulemaking impracticable, un- pacts of allowing a licensed driver between ed— necessary, or contrary to the public interest. the ages of 18 and 21 to operate a commercial (1) by redesignating paragraph (4) as para- (c) SAVINGS CLAUSE.—Nothing in this sec- motor vehicle in interstate commerce. graph (5); and tion may be construed to limit the contents (2) INTERSTATE COMPACTS.—The Secretary (2) by inserting after paragraph (3) the fol- of any Advance Notice of Proposed Rule- shall allow States, including the District of lowing: making. Columbia, to enter into an interstate com- (4) ‘‘ ‘Secretary’ means the Secretary of Subtitle D—State Authorities pact with contiguous States to allow a li- Transportation.’’. (b) TECHNICAL AND CONFORMING AMEND- SEC. 32401. EMERGENCY ROUTE WORKING censed driver between the ages of 18 and 21 to MENTS.—Section 31101, as amended by sub- GROUP. operate a motor vehicle across the applicable section (a), is amended— (a) IN GENERAL.— State lines. The Secretary shall approve as (1) in paragraph (1)(B), by inserting a (1) ESTABLISHMENT.—Not later than 1 year many as 3 interstate compacts, with no more comma after ‘‘passengers’’; and after the date of enactment of this Act, the than 4 States per compact participating in (2) in paragraph (1)(C), by striking ‘‘of Secretary shall establish a working group to each interstate compact. Transportation’’. determine best practices for expeditious (3) MUTUAL RECOGNITION OF LICENSES.—A State approval of special permits for vehicles valid intrastate commercial driver’s licenses SEC. 32502. GRANTS TO STATES. involved in emergency response and recov- issued by a State participating in an inter- (a) MOTOR CARRIER SAFETY ASSISTANCE ery. state compact under paragraph (2) shall be PROGRAM.—Section 31102 is amended to read (2) MEMBERS.—The working group shall in- recognized as valid not more than 100 air as follows: clude representatives from— miles from the border of the driver’s State of ‘‘§ 31102. Motor Carrier Safety Assistance Pro- (A) State highway transportation depart- licensure in each State that is participating gram ments or agencies; in that interstate compact. ‘‘(a) IN GENERAL.—The Secretary shall ad- (B) relevant modal agencies within the De- (4) STANDARDS.—In developing an inter- minister a motor carrier safety assistance partment of Transportation; state compact under this subsection, partici- program funded under section 31104. (C) emergency response or recovery ex- pating States shall provide for minimum li- ‘‘(b) GOAL.—The goal of the program is to perts; censure standards acceptable for interstate ensure that the Secretary, States, local gov- (D) relevant safety groups; and travel under this section, which may include, ernments, other political jurisdictions, fed- (E) persons affected by special permit re- for a licensed driver between the ages of 18 erally-recognized Indian tribes, and other strictions during emergency response and re- and 21 participating in the pilot program— persons work in partnership to establish pro- covery efforts. (A) age restrictions; grams to improve motor carrier, commercial (b) CONSIDERATIONS.—In determining best (B) distance from origin (measured in air motor vehicle, and driver safety to support a practices under subsection (a), the working miles); safe and efficient surface transportation sys- group shall consider whether— (C) reporting requirements; or tem— (1) hurdles currently exist that prevent the (D) additional hours of service restrictions. ‘‘(1) by making targeted investments to expeditious State approval for special per- (5) LIMITATIONS.—An interstate compact promote safe commercial motor vehicle mits for vehicles involved in emergency re- under paragraph (2) may not permit special transportation, including the transportation sponse and recovery; configuration or hazardous cargo operations of passengers and hazardous materials;

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.048 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5264 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(2) by investing in activities likely to appropriate jurisdictions receiving Motor ‘‘(X) ensures that the State will transmit generate maximum reductions in the number Carrier Safety Assistance Program funding; to its roadside inspectors the notice of each and severity of commercial motor vehicle ‘‘(M) ensures that information is ex- Federal exemption granted under section crashes and fatalities resulting from such changed among the States in a timely man- 31315(b) of this title and sections 390.23 and crashes; ner; 390.25 of title 49 of the Code of Federal Regu- ‘‘(3) by adopting and enforcing effective ‘‘(N) provides satisfactory assurances that lations and provided to the State by the Sec- motor carrier, commercial motor vehicle, the State will undertake efforts that will retary, including the name of the person and driver safety regulations and practices emphasize and improve enforcement of State granted the exemption and any terms and consistent with Federal requirements; and and local traffic safety laws and regulations conditions that apply to the exemption; ‘‘(4) by assessing and improving statewide related to commercial motor vehicle safety; ‘‘(Y) except as provided in subsection (d), performance by setting program goals and ‘‘(O) provides satisfactory assurances in provides that the State— meeting performance standards, measures, the plan that the State will address national ‘‘(i) will conduct safety audits of interstate and benchmarks. priorities and performance goals, including— and, at the State’s discretion, intrastate new ‘‘(i) activities aimed at removing impaired ‘‘(c) STATE PLANS.— entrant motor carriers under section 31144(g) commercial motor vehicle drivers from the ‘‘(1) IN GENERAL.—The Secretary shall pre- of this title; and scribe procedures for a State to submit a highways of the United States through ade- ‘‘(ii) if the State authorizes a third party multiple-year plan, and annual updates quate enforcement of regulations on the use to conduct safety audits under section thereto, under which the State agrees to as- of alcohol and controlled substances and by 31144(g) on its behalf, the State verifies the sume responsibility for improving motor car- ensuring ready roadside access to alcohol de- quality of the work conducted and remains rier safety, adopting and enforcing compat- tection and measuring equipment; solely responsible for the management and ‘‘(ii) activities aimed at providing an ap- ible regulations, standards, and orders of the oversight of the activities; propriate level of training to State motor Federal Government on commercial motor ‘‘(Z) provides that the State agrees to fully carrier safety assistance program officers vehicle safety and hazardous materials participate in the performance and registra- and employees on recognizing drivers im- transportation safety. tion information system management under paired by alcohol or controlled substances; ‘‘(2) CONTENTS.—The Secretary shall ap- section 31106(b) not later than October 1, and prove a plan if the Secretary determines that 2020, by complying with the conditions for ‘‘(iii) when conducted with an appropriate the plan is adequate to comply with the re- participation under paragraph (3) of that sec- commercial motor vehicle inspection, crimi- quirements of this section, and the plan— tion; nal interdiction activities, and appropriate ‘‘(A) implements performance-based activi- ‘‘(AA) provides that a State that shares a strategies for carrying out those interdiction ties, including deployment and maintenance land border with another country— activities, including interdiction activities of technology to enhance the efficiency and ‘‘(i) will conduct a border commercial that affect the transportation of controlled effectiveness of commercial motor vehicle motor vehicle safety program focusing on substances (as defined under section 102 of safety programs; international commerce that includes en- the Comprehensive Drug Abuse Prevention ‘‘(B) designates a lead State commercial forcement and related projects; or motor vehicle safety agency responsible for and Control Act of 1970 (21 U.S.C. 802) and ‘‘(ii) will forfeit all funds calculated by the administering the plan throughout the listed in part 1308 of title 21, Code of Federal Secretary based on border-related activities State; Regulations, as updated and republished if the State declines to conduct the program ‘‘(C) contains satisfactory assurances that from time to time) by any occupant of a described in clause (i) in its plan; and the lead State commercial motor vehicle commercial motor vehicle; ‘‘(BB) provides that a State that meets the ‘‘(P) provides that the State has estab- safety agency has or will have the legal au- other requirements of this section and agrees lished and dedicated sufficient resources to a thority, resources, and qualified personnel to comply with the requirements established program to ensure that— necessary to enforce the regulations, stand- in subsection (l)(3) may fund operation and ‘‘(i) the State collects and reports to the ards, and orders; maintenance costs associated with innova- Secretary accurate, complete, and timely ‘‘(D) contains satisfactory assurances that tive technology deployment under sub- motor carrier safety data; and the State will devote adequate resources to ‘‘(ii) the State participates in a national section (l)(3) with Motor Carrier Safety As- the administration of the plan and enforce- motor carrier safety data correction system sistance Program funds authorized under ment of the regulations, standards, and or- prescribed by the Secretary; section 31104(a)(1). ders; ‘‘(Q) ensures that the State will cooperate ‘‘(3) PUBLICATION.— ‘‘(E) provides a right of entry and inspec- in the enforcement of financial responsi- ‘‘(A) IN GENERAL.—Subject to subparagraph tion to carry out the plan; bility requirements under sections 13906, (B), the Secretary shall publish each ap- ‘‘(F) provides that all reports required 31138, and 31139 of this title, and regulations proved State multiple-year plan, and each under this section be available to the Sec- issued under these sections; annual update thereto, on the Department of retary on request; ‘‘(R) ensures consistent, effective, and rea- Transportation’s public website not later ‘‘(G) provides that the lead State commer- sonable sanctions; than 30 days after the date the Secretary ap- cial motor vehicle safety agency will adopt ‘‘(S) ensures that roadside inspections will proves the plan or update. the reporting requirements and use the be conducted at locations that are adequate ‘‘(B) LIMITATION.—Before posting an ap- forms for recordkeeping, inspections, and in- to protect the safety of drivers and enforce- proved State multiple-year plan or annual vestigations that the Secretary prescribes; ment personnel; update under subparagraph (A), the Sec- ‘‘(H) requires all registrants of commercial ‘‘(T) provides that the State will include in retary shall redact any information identi- motor vehicles to demonstrate knowledge of the training manuals for the licensing exam- fied by the State that, if disclosed— applicable safety regulations, standards, and ination to drive both noncommercial motor ‘‘(i) would reasonably be expected to inter- orders of the Federal Government and the vehicles and commercial motor vehicles in- fere with enforcement proceedings; or State; formation on best practices for driving safely ‘‘(ii) would reveal enforcement techniques ‘‘(I) provides that the State will grant in the vicinity of noncommercial and com- or procedures that would reasonably be ex- maximum reciprocity for inspections con- mercial motor vehicles; pected to risk circumvention of the law. ducted under the North American Inspection ‘‘(U) provides that the State will enforce ‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The Standards through the use of a nationally- the registration requirements of sections requirement that a State conduct safety au- accepted system that allows ready identi- 13902 and 31134 of this title by prohibiting the dits of new entrant motor carriers under sub- fication of previously inspected commercial operation of any vehicle discovered to be op- section (c)(2)(Y) does not apply to a territory motor vehicles; erated by a motor carrier without a registra- of the United States unless required by the ‘‘(J) ensures that activities described in tion issued under those sections or to be op- Secretary. subsection (h), if financed through grants to erated beyond the scope of the motor car- ‘‘(e) INTRASTATE COMPATIBILITY.—The Sec- the State made under this section, will not rier’s registration; retary shall prescribe regulations specifying diminish the effectiveness of the develop- ‘‘(V) provides that the State will conduct tolerance guidelines and standards for ensur- ment and implementation of the programs to comprehensive and highly visible traffic en- ing compatibility of intrastate commercial improve motor carrier, commercial motor forcement and commercial motor vehicle motor vehicle safety laws, including regula- vehicle, and driver safety as described in sub- safety inspection programs in high-risk loca- tions, with Federal motor carrier safety reg- section (b); tions and corridors; ulations to be enforced under subsections (b) ‘‘(K) ensures that the lead State commer- ‘‘(W) except in the case of an imminent and (c). To the extent practicable, the guide- cial motor vehicle safety agency will coordi- hazard or obvious safety hazard, ensures that lines and standards shall allow for maximum nate the plan, data collection, and informa- an inspection of a vehicle transporting pas- flexibility while ensuring a degree of uni- tion systems with the State highway safety sengers for a motor carrier of passengers is formity that will not diminish motor vehicle improvement program required under sec- conducted at a station, terminal, border safety. tion 148(c) of title 23; crossing, maintenance facility, destination, ‘‘(f) MAINTENANCE OF EFFORT.— ‘‘(L) ensures participation in appropriate or other location where adequate food, shel- ‘‘(1) BASELINE.—Except as provided under Federal Motor Carrier Safety Administra- ter, and sanitation facilities are available for paragraphs (2) and (3) and in accordance with tion information technology and data sys- passengers, and reasonable accommodations section 32508 of the Comprehensive Transpor- tems and other information systems by all are available for passengers with disabilities; tation and Consumer Protection Act of 2015,

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.048 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5265 a State plan under subsection (c) shall pro- ‘‘(A) the number of motor carrier safety the State to which the State would other- vide that the total expenditure of amounts of activities, including roadside safety inspec- wise be entitled under this section for the pe- the lead State commercial motor vehicle tions, conducted in the State is maintained riod of the State’s noncompliance. In exer- safety agency responsible for administering at a level at least equal to the average level cising this option, the Secretary may with- the plan will be maintained at a level each of such activities conducted in the State in hold— fiscal year at least equal to— fiscal years 2004 and 2005; and ‘‘(i) up to 5 percent of funds during the fis- ‘‘(A) the average level of that expenditure ‘‘(B) the State does not use more than 10 cal year that the Secretary notifies the for fiscal years 2004 and 2005; or percent of the basic amount the State re- State of its noncompliance; ‘‘(B) the level of that expenditure for the ceives under a grant awarded under section ‘‘(ii) up to 10 percent of funds for the first year in which the Secretary implements a 31104(a)(1) for enforcement activities relating full fiscal year of noncompliance; new allocation formula under section 32508 of to noncommercial motor vehicles necessary ‘‘(iii) up to 25 percent of funds for the sec- the Comprehensive Transportation and Con- to promote the safe operation of commercial ond full fiscal year of noncompliance; and sumer Protection Act of 2015. motor vehicles unless the Secretary deter- ‘‘(iv) not more than 50 percent of funds for ‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR mines that a higher percentage will result in the third and any subsequent full fiscal year 2017.—At the request of a State, the Sec- significant increases in commercial motor of noncompliance. retary may evaluate additional documenta- vehicle safety; and ‘‘(3) JUDICIAL REVIEW.—A State adversely tion related to the maintenance of effort and ‘‘(3) for the enforcement of household affected by a determination under paragraph may make reasonable adjustments to the goods regulations on intrastate and inter- (2) may seek judicial review under chapter 7 maintenance of effort baseline after the year state carriers if the State has adopted laws of title 5. Notwithstanding the disapproval of in which the Secretary implements a new al- or regulations compatible with the Federal a State plan under paragraph (2)(A) or the location formula under section 32508 of the household goods regulations. withholding under paragraph (2)(B), the Comprehensive Transportation and Con- ‘‘(i) EVALUATION OF PLANS AND AWARD OF State may retain jurisdiction in an adminis- sumer Protection Act of 2015, and this ad- GRANTS.— trative or a judicial proceeding that com- justed baseline will replace the maintenance ‘‘(1) AWARDS.—The Secretary shall estab- menced before the notice of disapproval or of effort requirement under paragraph (1). lish criteria for the application, evaluation, withholding if the issues involved are not re- ‘‘(3) WAIVERS.—At the request of a State, and approval of State plans under this sec- lated directly to the reasons for the dis- the Secretary may waive or modify the re- tion. Subject to subsection (j), the Secretary approval or withholding. quirements of this subsection for fiscal year may allocate the amounts made available ‘‘(l) HIGH PRIORITY FINANCIAL ASSISTANCE if the Secretary determines that a waiver or under section 31104(a)(1) among the States. PROGRAM.— modification is reasonable, based on cir- ‘‘(2) OPPORTUNITY TO CURE.—If the Sec- ‘‘(1) IN GENERAL.—The Secretary shall ad- cumstances described by the State, to ensure retary disapproves a plan under this section, minister a high priority financial assistance the continuation of commercial motor vehi- the Secretary shall give the State a written program funded under section 31104 for the cle enforcement activities in the State. explanation of the reasons for disapproval purposes described in paragraphs (2) and (3). ‘‘(4) LEVEL OF STATE EXPENDITURES.—In es- and allow the State to modify and resubmit ‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER timating the average level of State expendi- the plan for approval. SAFETY.—The purpose of this paragraph is to ture under paragraph (1), the Secretary— ‘‘(j) ALLOCATION OF FUNDS.— make discretionary grants to and coopera- ‘‘(A) may allow the State to exclude State ‘‘(1) IN GENERAL.—The Secretary, by regu- tive agreements with States, local govern- expenditures for Federally-sponsored dem- lation, shall prescribe allocation criteria for ments, federally-recognized Indian tribes, onstration and pilot programs and strike funds made available under section other political jurisdictions as necessary, forces; 31104(a)(1). and any person to carry out high priority ac- ‘‘(B) may allow the State to exclude ex- ‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of tivities and projects that augment motor penditures for activities related to border each fiscal year, or as soon as practicable carrier safety activities and projects planned enforcement and new entrant safety audits; thereafter, and after making a deduction in accordance with subsections (b) and (c), and under section 31104(c), the Secretary shall al- including activities and projects that— ‘‘(C) shall require the State to exclude locate amounts made available in section ‘‘(A) increase public awareness and edu- State matching amounts used to receive 31104(a)(1) to carry out this section for the cation on commercial motor vehicle safety; Federal financing under section 31104. fiscal year among the States with plans ap- ‘‘(B) target unsafe driving of commercial ‘‘(g) USE OF UNIFIED CARRIER REGISTRATION proved under this section in accordance with motor vehicles and non-commercial motor FEES AGREEMENT.—Amounts generated the criteria under paragraph (1). vehicles in areas identified as high risk crash under section 14504a of this title and received ‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to corridors; by a State and used for motor carrier safety the availability of funding and notwith- ‘‘(C) support the enforcement of State purposes may be included as part of the standing fluctuations in the data elements household goods regulations on intrastate State’s match required under section 31104 of used by the Secretary to calculate the an- and interstate carriers if the State has this title or maintenance of effort required nual allocation amounts, after the creation adopted laws or regulations compatible with by subsection (f) of this section. of a new allocation formula under section the Federal household good laws; ‘‘(D) improve the safe and secure move- ‘‘(h) USE OF GRANTS TO ENFORCE OTHER 32508 of the Comprehensive Transportation ment of hazardous materials; LAWS.—When approved in the States’ plan and Consumer Protection Act of 2015 the ‘‘(E) improve safe transportation of goods under subsection (c), a State may use Motor Secretary may not make elective adjust- and persons in foreign commerce; Carrier Safety Assistance Program funds re- ments to the allocation formula that de- ‘‘(F) demonstrate new technologies to im- ceived under this section— crease a State’s Federal funding levels by prove commercial motor vehicle safety; ‘‘(1) if the activities are carried out in con- more than 3 percent in a fiscal year. The 3 ‘‘(G) support participation in performance junction with an appropriate inspection of a percent limit shall not apply to the with- and registration information systems man- commercial motor vehicle to enforce Federal holding provisions of subsection (k). agement under section 31106(b)— or State commercial motor vehicle safety ‘‘(k) PLAN MONITORING.— ‘‘(i) for entities not responsible for submit- regulations, for— ‘‘(1) IN GENERAL.—On the basis of reports ting the plan under subsection (c); or ‘‘(A) enforcement of commercial motor ve- submitted by the lead State agency respon- ‘‘(ii) for entities responsible for submitting hicle size and weight limitations at loca- sible for administering an approved State the plan under subsection (c)— tions, excluding fixed weight facilities, such plan and an investigation by the Secretary, ‘‘(I) before October 1, 2020, to achieve com- as near steep grades or mountainous ter- the Secretary shall periodically evaluate pliance with the requirements of participa- rains, where the weight of a commercial State implementation of and compliance tion; and motor vehicle can significantly affect the with the State plan. ‘‘(II) beginning on October 1, 2020, or once safe operation of the vehicle, or at ports ‘‘(2) WITHHOLDING OF FUNDS.— compliance is achieved, whichever is sooner, where intermodal shipping containers enter ‘‘(A) DISAPPROVAL.—If, after notice and an for special initiatives or projects that exceed and leave the United States; and opportunity to be heard, the Secretary finds routine operations required for participa- ‘‘(B) detection of and enforcement actions that the State plan previously approved is tion; taken as a result of criminal activity, in- not being followed or has become inadequate ‘‘(H) conduct safety data improvement cluding the trafficking of human beings, in a to ensure enforcement of the regulations, projects— commercial motor vehicle or by any occu- standards, or orders, or the State is other- ‘‘(i) that complete or exceed the require- pant, including the operator, of the commer- wise not in compliance with the require- ments under subsection (c)(2)(P) for entities cial motor vehicle; ments of this section, the Secretary may not responsible for submitting the plan ‘‘(2) for documented enforcement of State withdraw approval of the plan and notify the under subsection (c); or traffic laws and regulations designed to pro- State. The plan is no longer in effect once ‘‘(ii) that exceed the requirements under mote the safe operation of commercial the State receives notice, and the Secretary subsection (c)(2)(P) for entities responsible motor vehicles, including documented en- shall withhold all funding under this section. for submitting the plan under subsection (c); forcement of such laws and regulations relat- ‘‘(B) NONCOMPLIANCE WITHHOLDING.—In lieu and ing to noncommercial motor vehicles when of withdrawing approval of the plan, the Sec- ‘‘(I) otherwise improve commercial motor necessary to promote the safe operation of retary may, after providing notice and an op- vehicle safety and compliance with commer- commercial motor vehicles, if— portunity to be heard, withhold funding from cial motor vehicle safety regulations.

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‘‘(3) INNOVATIVE TECHNOLOGY DEPLOYMENT tors grant program funded under section amounts for partner training and program GRANT PROGRAM.— 31104. support in that fiscal year. The Secretary ‘‘(A) IN GENERAL.—The Secretary shall es- ‘‘(b) PURPOSE.—The purpose of the grant shall use at least 75 percent of those de- tablish an innovative technology deploy- program is to train individuals in the safe ducted amounts to train non-Federal Gov- ment grant program to make discretionary operation of commercial motor vehicles (as ernment employees and to develop related grants funded under section 31104(a)(2) to eli- defined in section 31301).’’. training materials in carrying out these pro- gible States for the innovative technology (c) AUTHORIZATION OF APPROPRIATIONS.— grams. deployment of commercial motor vehicle in- Section 31104 is amended to read as follows: ‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS formation systems and networks. AS CONTRACTUAL OBLIGATIONS.—The approval ‘‘§ 31104. Authorization of appropriations ‘‘(B) PURPOSES.—The purposes of the pro- of a financial assistance agreement by the gram shall be— ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.— Secretary under section 31102, 31103, or 31313 ‘‘(i) to advance the technological capa- The following sums are authorized to be ap- is a contractual obligation of the Federal bility and promote the deployment of intel- propriated from the Highway Trust Fund for Government for payment of the Federal Gov- ligent transportation system applications for the following Federal Motor Carrier Safety ernment’s share of costs in carrying out the commercial motor vehicle operations, in- Administration Financial Assistance Pro- provisions of the grant or cooperative agree- cluding commercial motor vehicle, commer- grams: ment. cial driver, and carrier-specific information ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE ‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary systems and networks; and PROGRAM.—Subject to paragraph (2) of this shall establish criteria for eligible activities ‘‘(ii) to support and maintain commercial subsection and subsection (c) of this section, to be funded with financial assistance agree- motor vehicle information systems and net- to carry out section 31102— ments under this section and publish those works— ‘‘(A) $295,636,000 for fiscal year 2017; criteria in a notice of funding availability ‘‘(I) to link Federal motor carrier safety ‘‘(B) $301,845,000 for fiscal year 2018; before the financial assistance program ap- information systems with State commercial ‘‘(C) $308,183,000 for fiscal year 2019; plication period. motor vehicle systems; ‘‘(D) $314,655,000 for fiscal year 2020; and ‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL ‘‘(II) to improve the safety and produc- ‘‘(E) $321,263,000 for fiscal year 2021. ASSISTANCE AGREEMENT FUNDS FOR RECIPI- tivity of commercial motor vehicles and ‘‘(2) HIGH PRIORITY ACTIVITIES FINANCIAL ENT EXPENDITURES.— drivers; and ASSISTANCE PROGRAM.—Subject to subsection ‘‘(1) IN GENERAL.—The period of avail- ‘‘(III) to reduce costs associated with com- (c), to make grants and cooperative agree- ability for a recipient to expend a grant or mercial motor vehicle operations and Fed- cooperative agreement authorized under sub- eral and State commercial vehicle regu- ments under section 31102(l) of this title, the Secretary may set aside from amounts made section (a) is as follows: latory requirements. ‘‘(A) For grants made for carrying out sec- ‘‘(C) ELIGIBILITY.—To be eligible for a available under paragraph (1) of this sub- section up to— tion 31102, other than section 31102(l), for the grant under this paragraph, a State shall— fiscal year in which it is obligated and for ‘‘(i) have a commercial motor vehicle in- ‘‘(A) $42,323,000 for fiscal year 2017; ‘‘(B) $43,212,000 for fiscal year 2018; the next fiscal year. formation systems and networks program ‘‘(B) For grants or cooperative agreements ‘‘(C) $44,119,000 for fiscal year 2019; plan approved by the Secretary that de- made for carrying out section 31102(l)(2), for ‘‘(D) $45,046,000 for fiscal year 2020; and scribes the various systems and networks at the fiscal year in which it is obligated and ‘‘(E) $45,992,000 for fiscal year 2021. the State level that need to be refined, re- for the next 2 fiscal years. vised, upgraded, or built to accomplish de- ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS ‘‘(C) For grants made for carrying out sec- ployment of commercial motor vehicle infor- GRANT PROGRAM.—To carry out section tion 31102(l)(3), for the fiscal year in which it mation systems and networks capabilities; 31103— is obligated and for the next 4 fiscal years. ‘‘(ii) certify to the Secretary that its com- ‘‘(A) $1,000,000 for fiscal year 2017; ‘‘(D) For grants made for carrying out sec- mercial motor vehicle information systems ‘‘(B) $1,000,000 for fiscal year 2018; tion 31103, for the fiscal year in which it is and networks deployment activities, includ- ‘‘(C) $1,000,000 for fiscal year 2019; obligated and for the next fiscal year. ing hardware procurement, software and sys- ‘‘(D) $1,000,000 for fiscal year 2020; and ‘‘(E) For grants or cooperative agreements tem development, and infrastructure modi- ‘‘(E) $1,000,000 for fiscal year 2021. made for carrying out 31313, for the fiscal fications— ‘‘(4) COMMERCIAL DRIVER’S LICENSE PRO- year in which it is obligated and for the next ‘‘(I) are consistent with the national intel- GRAM IMPLEMENTATION FINANCIAL ASSISTANCE 4 fiscal years. ligent transportation systems and commer- PROGRAM.—Subject to subsection (c), to ‘‘(2) REOBLIGATION.—Amounts not expended cial motor vehicle information systems and carry out section 31313— by a recipient during the period of avail- networks architectures and available stand- ‘‘(A) $31,273,000 for fiscal year 2017; ability shall be released back to the Sec- ards; and ‘‘(B) $31,930,000 for fiscal year 2018; retary for reobligation for any purpose under ‘‘(II) promote interoperability and effi- ‘‘(C) $32,600,000 for fiscal year 2019; sections 31102, 31103, 31104, and 31313 in ac- ciency to the extent practicable; and ‘‘(D) $33,285,000 for fiscal year 2020; and cordance with subsection (i) of this section. ‘‘(iii) agree to execute interoperability ‘‘(E) $33,984,000 for fiscal year 2021. ‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF tests developed by the Federal Motor Carrier ‘‘(b) REIMBURSEMENT AND PAYMENT TO RE- AVAILABILITY.—Amounts authorized from Safety Administration to verify that its sys- CIPIENTS FOR GOVERNMENT SHARE OF COSTS.— the Highway Trust Fund by this section tems conform with the national intelligent ‘‘(1) IN GENERAL.—Amounts made available shall be available for obligation on the date transportation systems architecture, appli- under subsection (a) shall be used to reim- of their apportionment or allocation or on cable standards, and protocols for commer- burse financial assistance recipients propor- October 1 of the fiscal year for which they cial motor vehicle information systems and tionally for the Federal Government’s share are authorized, whichever occurs first. networks. of the costs incurred. ‘‘(h) AVAILABILITY OF FUNDING.—Amounts ‘‘(D) USE OF FUNDS.—Grant funds may be ‘‘(2) Reimbursement amounts.—The Sec- made available under this section shall re- used— main available until expended. ‘‘(i) for deployment activities and activi- retary shall reimburse a recipient, in accord- ance with a financial assistance agreement ‘‘(i) TRANSFER OF OBLIGATION AUTHORITY.— ties to develop new and innovative advanced ‘‘(1) IN GENERAL.—Of the contract author- made under section 31102, 31103, or 31313, an technology solutions that support commer- ity authorized for motor carrier safety amount that is at least 85 percent of the cial motor vehicle information systems and grants, the Secretary shall have authority to networks; costs incurred by the recipient in a fiscal transfer available unobligated contract au- ‘‘(ii) for planning activities, including the year in developing and implementing pro- thority and associated liquidating cash with- development or updating of program or top grams under these sections. The Secretary in or between Federal financial assistance level design plans in order to become eligible shall pay the recipient an amount not more programs authorized under this section and or maintain eligibility under subparagraph than the Federal Government share of the make new Federal financial assistance (C); and total costs approved by the Federal Govern- awards under this section. ‘‘(iii) for the operation and maintenance ment in the financial assistance agreement. ‘‘(2) COST ESTIMATES.—Of the funds trans- costs associated with innovative technology. The Secretary shall include a recipient’s in- ferred, the contract authority and associated ‘‘(E) SECRETARY AUTHORIZATION.—The Sec- kind contributions in determining the reim- liquidating cash or obligations and expendi- retary is authorized to award a State fund- bursement. tures stemming from Federal financial as- ing for the operation, and maintenance costs ‘‘(3) VOUCHERS.—Each recipient shall sub- sistance awards made with this contract au- associated with innovative technology de- mit vouchers at least quarterly for costs the thority shall not be scored as new obliga- ployment with funds made available under recipient incurs in developing and imple- tions by the Congressional Budget Office or both sections 31104(a)(1) and 31104(a)(2) of menting programs under section 31102, 31103, by the Secretary. this title.’’. or 31313. ‘‘(3) NO LIMITATION ON TOTAL OF OBLIGA- (b) COMMERCIAL MOTOR VEHICLE OPERATORS ‘‘(c) DEDUCTIONS FOR PARTNER TRAINING TIONS.—Notwithstanding any other provision GRANT PROGRAM.—Section 31103 is amended AND PROGRAM SUPPORT.—On October 1 of of law, no limitation on the total of obliga- to read as follows: each fiscal year, or as soon after that date as tions for Federal financial assistance pro- ‘‘§ 31103. Commercial Motor Vehicle Opera- practicable, the Secretary may deduct from grams carried out by the Federal Motor Car- tors Grant Program amounts made available under paragraphs rier Safety Administration under this sec- ‘‘(a) IN GENERAL.—The Secretary shall ad- (1), (2), and (4) of subsection (a) for that fis- tion shall apply to unobligated funds trans- minister a commercial motor vehicle opera- cal year not more than 1.50 percent of those ferred under this subsection.’’.

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(d) TECHNICAL AND CONFORMING AMEND- of Inspector General of the Department of ‘‘(3) AVAILABILITY.—Amounts in the fund MENTS.— Transportation shall report to the Com- shall be available without regard to fiscal (1) SAFETY FITNESS OF OWNERS AND OPER- mittee on Commerce, Science, and Transpor- year limitation. ATOR; SAFETY REVIEWS OF NEW OPERATORS.— tation of the Senate and the Committee on ‘‘(4) FUNDING.—Amounts may be appro- Section 31144(g) is amended by striking para- Transportation and Infrastructure in the priated to the fund from the amounts made graph (5). House of Representatives on its assessment available in subsection (a). (2) INFORMATION SYSTEMS; PERFORMANCE of the new operator safety review program, ‘‘(5) FUND TRANSFERS.—The Secretary may AND REGISTRATION INFORMATION PROGRAM.— required under section 31144(g) of title 49, Section 31106(b) is amended by striking para- transfer funds to the working capital fund United States Code, including the program’s from the amounts made available in sub- graph (4). effectiveness in reducing commercial motor (3) BORDER ENFORCEMENT GRANTS.—Section section (a) or from other funds as identified vehicles involved in crashes, fatalities, and 31107 is repealed. by the Secretary. injuries, and in improving commercial motor (4) PERFORMANCE AND REGISTRATION INFOR- ‘‘(d) OUTREACH AND EDUCATION PROGRAM.— vehicle safety. MATION SYSTEM MANAGEMENT.—Section 31109 (b) REPORT.—Not later than 90 days after ‘‘(1) IN GENERAL.—The Secretary may con- is repealed. duct, through any combination of grants, (5) TABLE OF CONTENTS.—The table of con- completion of the report under subsection (a), the Secretary shall submit to the Com- contracts, cooperative agreements, or other tents of chapter 311 is amended— activities, an internal and external outreach (A) by striking the items relating to 31107 mittee on Commerce, Science, and Transpor- and education program to be administered and 31109; and tation of the Senate and the Committee on (B) by striking the items relating to sec- Transportation and Infrastructure in the by the Administrator of the Federal Motor tions 31102, 31103, and 31104 and inserting the House of Representatives a report on the ac- Carrier Safety Administration. following: tions the Secretary will take to address any ‘‘(2) FEDERAL SHARE.—The Federal share of ‘‘31102. Motor Carrier Safety Assistance Pro- recommendations included in the study an outreach and education program for gram. under subsection (a). which a grant, contract, or cooperative ‘‘31103. Commercial Motor Vehicle Operators (c) PAPERWORK REDUCTION ACT OF 1995; EX- agreement is made under this subsection Grant Program. CEPTION.—The study and the Office of the In- may be up to 100 percent of the cost of the ‘‘31104. Authorization of appropriations.’’. spector General assessment shall not be sub- grant, contract, or cooperative agreement. (6) GRANTS FOR COMMERCIAL DRIVER’SLI- ject to section 3506 or section 3507 of title 44, ‘‘(3) FUNDING.—From amounts made avail- CENSE PROGRAM IMPLEMENTATION.—Section United States Code. able in subsection (a), the Secretary shall 31313(a), as amended by section 32506 of this SEC. 32504. PERFORMANCE AND REGISTRATION make available such sums as are necessary Act, is further amended by striking ‘‘The INFORMATION SYSTEMS MANAGE- to carry out this subsection each fiscal year. MENT. Secretary of Transportation shall administer ‘‘(e) CONTRACT AUTHORITY; INITIAL DATE OF a financial assistance program for commer- Section 31106(b) is amended in the heading AVAILABILITY.—Amounts authorized from cial driver’s license program implementation by striking ‘‘PROGRAM’’ and inserting ‘‘Sys- the Highway Trust Fund by this section for the purposes described in paragraphs (1) tems Management’’. shall be available for obligation on the date and (2)’’ and inserting ‘‘The Secretary of SEC. 32505. AUTHORIZATION OF APPROPRIA- of their apportionment or allocation or on Transportation shall administer a financial TIONS. October 1 of the fiscal year for which they assistance program for commercial driver’s (a) IN GENERAL.—Subchapter I of chapter are authorized, whichever occurs first. license program implementation funded 311 is amended by adding at the end the fol- ‘‘(f) FUNDING AVAILABILITY.—Amounts lowing: under section 31104 of this title for the pur- made available under this section shall re- poses described in paragraphs (1) and (2)’’. ‘‘§ 31110. Authorization of appropriations main available until expended. (7) COMMERCIAL VEHICLE INFORMATION SYS- ‘‘(a) ADMINISTRATIVE EXPENSES.—There are TEMS AND NETWORKS DEPLOYMENT.—Section ‘‘(g) CONTRACTUAL OBLIGATION.—The ap- authorized to be appropriated from the High- 4126 of SAFETEA-LU (49 U.S.C. 31106 note) is proval of funds by the Secretary under this way Trust Fund (other than the Mass Tran- repealed. section is a contractual obligation of the sit Account) for the Secretary of Transpor- (8) SAFETY DATA IMPROVEMENT PROGRAM.— Federal Government for payment of the Fed- Section 4128 of SAFETEA-LU (49 U.S.C. 31100 tation to pay administrative expenses of the eral Government’s share of costs.’’. note) is repealed. Federal Motor Carrier Safety Administra- (b) TECHNICAL AND CONFORMING AMEND- (9) GRANT PROGRAM FOR COMMERCIAL MOTOR tion— MENTS.— ‘‘(1) $264,439,000 for fiscal year 2016; VEHICLE OPERATORS.—Section 4134 of (1) ADMINISTRATIVE EXPENSES; AUTHORIZA- SAFETEA-LU (49 U.S.C. 31301 note) is re- ‘‘(2) $269,992,000 for fiscal year 2017; ‘‘(3) $275,662,000 for fiscal year 2018; TION OF APPROPRIATIONS.—Section 31104 is pealed. amended— (10) WINTER HOME HEATING OIL DELIVERY ‘‘(4) $281,451,000 for fiscal year 2019; ‘‘(5) $287,361,000 for fiscal year 2020; and (A) by striking subsection (i); and (B) by STATE FLEXIBILITY PROGRAM.—Section 346 of redesignating subsections (j) and (k) and sub- National Highway System Designation Act ‘‘(6) $293,396,000 for fiscal year 2021. ‘‘(b) USE OF FUNDS.—The funds authorized sections (i) and (j), respectively. of 1995 (49 U.S.C. 31166 note) is repealed. (11) MAINTENANCE OF EFFORT AS CONDITION by this section shall be used— (2) USE OF AMOUNTS MADE AVAILABLE UNDER ‘‘(1) for personnel costs; ON GRANTS TO STATES.—Section 103(c) of the SUBSECTION (I).—Section 4116(d) of Motor Carrier Safety Improvement Act of ‘‘(2) for administrative infrastructure; SAFETEA–LU (49 U.S.C. 31104 note) is ‘‘(3) for rent; 1999 (49 U.S.C. 31102 note) is repealed. amended by striking ‘‘section 31104(i)’’ and ‘‘(4) for information technology; (12) STATE COMPLIANCE WITH CDL REQUIRE- inserting ‘‘section 31110’’. ‘‘(5) for programs for research and tech- MENTS.—Section 103(e) of the Motor Carrier (3) INTERNAL COOPERATION.—Section 31161 nology, information management, regu- Safety Improvement Act of 1999 (49 U.S.C. is amended by striking ‘‘31104(i)’’ and insert- latory development, the administration of 31102 note) is repealed. ing ‘‘31110’’. (13) BORDER STAFFING STANDARDS.—Section the performance and registration informa- (4) SAFETEA–LU; OUTREACH AND EDU- 218(d) of the Motor Carrier Safety Improve- tion systems management; ‘‘(6) for programs for outreach and edu- CATION.—Section 4127 of SAFETEA–LU (119 ment Act of 1999 (49 U.S.C. 31133 note) is Stat. 1741; Public Law 109–59) is repealed. amended— cation under subsection (d); (A) in paragraph (1), by striking ‘‘under 1 ‘‘(7) to fund the motor carrier safety facil- (5) TABLE OF CONTENTS.—The table of con- section 31104(f)(2)(B) of title 49, United States ity working capital fund established under tents of subchapter I of chapter 311 is amend- Code’’ and inserting ‘‘section 31104(a)(1) of subsection (c); ed by adding at the end the following: title 49, United States Code’’; and ‘‘(8) for other operating expenses; ‘‘31110. Authorization of appropriations.’’. (B) by striking paragraph (3). ‘‘(9) to conduct safety reviews of new oper- SEC. 32506. COMMERCIAL DRIVER’S LICENSE (e) EFFECTIVE DATE.—The amendments ators; and PROGRAM IMPLEMENTATION. made by this section shall take effect on Oc- ‘‘(10) for such other expenses as may from tober 1, 2016. time to time become necessary to implement (a) IN GENERAL.—Section 31313 is amended (f) TRANSITION.—Notwithstanding the statutory mandates of the Federal Motor to read as follows: amendments made by this section, the Sec- Carrier Safety Administration not funded ‘‘§ 31313. Commercial driver’s license pro- retary shall carry out sections 31102, 31103, from other sources. gram implementation financial assistance 31104 of title 49, United States Code, and any ‘‘(c) MOTOR CARRIER SAFETY FACILITY program sections repealed under subsection (d) of this WORKING CAPITAL FUND.— section, as necessary, as those sections were ‘‘(1) IN GENERAL.—The Secretary may es- ‘‘(a) IN GENERAL.—The Secretary of Trans- in effect on the day before October 1, 2016, tablish a motor carrier safety facility work- portation shall administer a financial assist- with respect to applications for grants, coop- ing capital fund. ance program for commercial driver’s license erative agreements, or contracts under those ‘‘(2) PURPOSE.—Amounts in the fund shall program implementation for the purposes sections submitted before October 1, 2016. be available for modernization, construction, described in paragraphs (1) and (2). SEC. 32503. NEW ENTRANT SAFETY REVIEW PRO- leases, and expenses related to vacating, oc- ‘‘(1) STATE COMMERCIAL DRIVER’S LICENSE GRAM STUDY. cupying, maintaining, and expanding motor PROGRAM IMPLEMENTATION GRANTS.—The Sec- (a) IN ENERAL.—Not later than 1 year after carrier safety facilities, and associated ac- retary of Transportation may make a grant the date of enactment of this Act, the Office tivities. to a State agency in a fiscal year—

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.048 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5268 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(A) to comply with the requirements of out the commercial driver’s license program the Secretary shall establish a motor carrier section 31311; improvement grants program under section safety assistance program formula working ‘‘(B) in the case of a State that is making 31313 of title 49, United States Code, group (referred to in this section as the a good faith effort toward substantial com- $30,000,000 for fiscal year 2016. ‘‘working group’’. pliance with the requirements of section ‘‘(2) BORDER ENFORCEMENT GRANTS.—From (2) MEMBERSHIP.— 31311, to improve its implementation of its amounts made available under section (A) IN GENERAL.—Subject to subparagraph commercial driver’s license program, includ- 31104(a) of title 49, United States Code, for (B), the working group shall consist of rep- ing expenses— border enforcement grants under section resentatives of the following: ‘‘(i) for computer hardware and software; 31107 of that title, $32,000,000 for fiscal year (i) The Federal Motor Carrier Safety Ad- ‘‘(ii) for publications, testing, personnel, 2016. ministration. training, and quality control; ‘‘(3) PERFORMANCE AND REGISTRATION IN- (ii) The lead State commercial motor vehi- ‘‘(iii) for commercial driver’s license pro- FORMATION SYSTEMS MANAGEMENT GRANT PRO- cle safety agencies responsible for admin- gram coordinators; and GRAMS.—From amounts made available istering the plan required by section 31102 of ‘‘(iv) to implement or maintain a system under section 31104(a) of title 49, United title 49, United States Code. to notify an employer of an operator of a States Code, for the performance and reg- (iii) An organization representing State commercial motor vehicle of the suspension istration information systems management agencies responsible for enforcing a program or revocation of the operator’s commercial grant program under section 31109 of that for inspection of commercial motor vehicles. driver’s license consistent with the stand- title, $5,000,000 for fiscal year 2016. (iv) Such other persons as the Secretary ards developed under section 32303(b) of the ‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS- considers necessary. Commercial Motor Vehicle Safety Enhance- TEMS AND NETWORKS DEPLOYMENT.—For car- ment Act of 2012 (49 U.S.C. 31304 note). rying out the commercial vehicle informa- (B) COMPOSITION.—Representatives of State ‘‘(2) PRIORITY ACTIVITIES.—The Secretary tion systems and networks deployment pro- commercial motor vehicle safety agencies may make a grant or cooperative agreement gram under section 4126 of this Act (the in- shall comprise at least 51 percent of the in a fiscal year to a State agency, local gov- novative technology deployment program), membership. ernment, or any person for research, develop- $25,000,000, for fiscal year 2016. (3) NEW ALLOCATION FORMULA.—The work- ment or testing, demonstration projects, ‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.— ing group shall analyze requirements and public education, or other special activities From amounts made available under section factors for a new motor carrier safety assist- and projects relating to commercial driver’s 31104(a) of title 49, United States Code, for ance program allocation formula. licensing and motor vehicle safety that— safety data improvement grants under sec- (4) RECOMMENDATION.—Not later than 1 ‘‘(A) benefit all jurisdictions of the United tion 4128 of this Act, $3,000,000 for fiscal year year after the date the working group is es- States; 2016.’’. tablished under paragraph (1), the working ‘‘(B) address national safety concerns and (c) HIGH-PRIORITY ACTIVITIES.—Section group shall make a recommendation to the circumstances; 31104(j)(2), as redesignated by section 32505 of Secretary regarding a new Motor Carrier ‘‘(C) address emerging issues relating to this Act is amended by striking ‘‘2014 and up Safety Assistance Program allocation for- commercial driver’s license improvements; to $12,493,151 for the period beginning on Oc- mula. ‘‘(D) support innovative ideas and solu- tober 1, 2014, and ending on July 31, 2015,,’’ (5) FACA EXEMPTION.—The Federal Advi- tions to commercial driver’s license program and inserting ‘‘2016’’. sory Committee Act (5 U.S.C. App.) shall not issues; or (d) NEW ENTRANT AUDITS.—Section apply to the working group established ‘‘(E) address other commercial driver’s li- 31144(g)(5)(B) is amended to read as follows: under this subsection. cense issues, as determined by the Secretary. ‘‘(B) SET ASIDE.—The Secretary shall set (6) PUBLICATION.—The Administrator of the ‘‘(b) PROHIBITIONS.—A recipient may not aside from amounts made available by sec- Federal Motor Carrier Safety Administra- use financial assistance funds awarded under tion 31104(a) up to $32,000,000 for fiscal year tion shall publish on a public website sum- this section to rent, lease, or buy land or 2016 for audits of new entrant motor carriers maries of its meetings, and the final rec- buildings. conducted under this paragraph.’’. ommendation provided to the Secretary. ‘‘(c) REPORT.—The Secretary shall issue an (e) GRANT PROGRAM FOR COMMERCIAL (b) NOTICE OF PROPOSED RULEMAKING.— annual report on the activities carried out MOTOR VEHICLE OPERATORS.—Section 4134(c) After receiving the recommendation under under this section. of SAFETEA–LU(49 U.S.C. 31301 note) is subsection (a)(4), the Secretary shall publish ‘‘(d) APPORTIONMENT.—All amounts made amended to read as follows: in the Federal Register a notice seeking pub- available to carry out this section for a fis- ‘‘(c) FUNDING.—From amounts made avail- lic comment on a new allocation formula for cal year shall be apportioned to a State or able under section 31110 of title 49, United the motor carrier safety assistance program recipient described in subsection (a)(2) ac- States Code, the Secretary shall make avail- under section 31102 of title 49, United States cording to criteria prescribed by the Sec- able, $1,000,000 for fiscal year 2016 to carry Code. retary.’’. out the commercial motor vehicle operators (c) BASIS FOR FORMULA.—The Secretary (b) TECHNICAL AND CONFORMING AMEND- grant program.’’. shall ensure that the new allocation formula MENTS.—The table of contents of chapter 313 (f) COMMERCIAL VEHICLE INFORMATION SYS- is based on factors that reflect, at a min- is amended by striking the item relating to TEMS AND NETWORKS DEPLOYMENT.— imum— section 31313 and inserting the following: (1) IN GENERAL.—Section 4126 of SAFETEA– (1) the relative needs of the States to com- ‘‘31313. Commercial driver’s license program LU (49 U.S.C. 31106 note; 119 Stat. 1738; Pub- ply with section 31102 of title 49, United implementation financial as- lic Law 109–59) is amended— States Code; sistance program.’’. (A) in subsection (c)— (i) in paragraph (2), by adding at the end (2) the relative administrative capacities SEC. 32507. EXTENSION OF FEDERAL MOTOR CAR- of and challenges faced by States in com- RIER SAFETY PROGRAMS FOR FIS- the following: ‘‘Funds deobligated by the Secretary from previous year grants shall plying with section 31102 of title 49, United CAL YEAR 2016. States Code; (a) MOTOR CARRIER SAFETY ASSISTANCE not be counted towards the $2,500,000 max- (3) the average of each State’s new entrant PROGRAM GRANT EXTENSION.—Section imum aggregate amount for core deploy- motor carrier inventory for the 3-year period 31104(a) is amended— ment.’’; and prior to the date of enactment of this Act; (1) in the matter preceding paragraph (1), (ii) in paragraph (3), by adding at the end (4) the number of international border in- by inserting ‘‘and, for fiscal year 2016, sec- the following: ‘‘Funds may also be used for spection facilities and border crossings by tions 31102, 31107, and 31109 of this title and planning activities, including the develop- commercial vehicles in each State; and section 4128 of SAFETEA–LU (49 U.S.C. 31100 ment or updating of program or top level de- note)’’ after ‘‘31102’’; sign plans.’’; and (5) any other factors the Secretary con- (2) in paragraph (9), by striking ‘‘and’’ at (B) in subsection (d)(4), by adding at the siders appropriate. the end; and end the following: ‘‘Funds may also be used (d) FUNDING AMOUNTS PRIOR TO DEVELOP- (3) by striking paragraph (10) and inserting for planning activities, including the devel- MENT OF A NEW ALLOCATION FORMULA.— the following: opment or updating of program or top level (1) INTERIM FORMULA.—Prior to the devel- ‘‘(10) $218,000,000 for fiscal year 2015; and design plans.’’. opment of the new allocation formula, the ‘‘(11) $259,000,000 for fiscal year 2016.’’. (2) INNOVATIVE TECHNOLOGY DEPLOYMENT Secretary may calculate the interim funding (b) EXTENSION OF GRANT PROGRAMS.—Sec- PROGRAM.—For fiscal year 2016, the commer- amounts for the motor carrier safety assist- tion 4101(c) SAFETEA–LU (119 Stat. 1715; cial vehicle information systems and net- ance program in fiscal year 2017 (and later Public Law 109–59), is amended to read as fol- works deployment program under section fiscal years, as necessary) under section lows: 4126 of SAFETEA–LU (119 Stat. 1738; Public 31104(a)(1) of title 49, United States Code, as ‘‘(c) GRANT PROGRAMS FUNDING.—There are Law 109–59) may also be referred to as the in- amended by section 32502 of this Act, by the authorized to be appropriated from the High- novative technology deployment program. following methodology: way Trust Fund the following sums for the SEC. 32508. MOTOR CARRIER SAFETY ASSIST- (A) The Secretary shall calculate the fund- following Federal Motor Carrier Safety Ad- ANCE PROGRAM ALLOCATION. ing amount using the allocation formula the ministration programs: (a) WORKING GROUP.— Secretary used to award motor carrier safety ‘‘(1) COMMERCIAL DRIVER’S LICENSE PRO- (1) ESTABLISHMENT.—Not later than 180 assistance program funding in fiscal year GRAM IMPROVEMENT GRANTS.—For carrying days after the date of enactment of this Act, 2016 under section 2507 of this Act.

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.048 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5269 (B) The Secretary shall average the fund- tions 31102 and 31104 of title 49, United States technology that the Secretary considers ap- ing awarded or other equitable amounts to a Code, as amended by section 32502 of this plicable. State in fiscal years 2013, 2014, and 2015 for Act, does not exceed a sum greater than the (c) RULE OF CONSTRUCTION.—For purposes border enforcement grants awarded under average of the total amount of State mainte- of this section, any windshield mounted section 32603(c) of MAP–21 (126 Stat. 807; Pub- nance of effort and matching expenditures technology with a short term exemption lic Law 112–141) and new entrant audit grants for the 3 fiscal years prior to the date of en- under part 381 of title 49, Code of Federal awarded under that section, or other equi- actment of this Act. Regulations, on the day before the date of table amounts. (2) ADJUSTMENT METHODOLOGY.—If re- enactment of this Act, shall be considered (C) The Secretary shall add the amounts quested by a State, the Secretary may mod- likely to achieve a level of safety that is calculated in subparagraphs (A) and (B). ify the maintenance of effort baseline ac- equivalent to or greater than the level of (2) ADJUSTMENTS.—Subject to the avail- cording to the following methodology: safety that would be achieved absent an ex- ability of funding and notwithstanding fluc- (A) The Secretary shall establish the main- emption under subsection (a). tuations in the data elements used by the tenance of effort using the average of fiscal SEC. 32602. ELECTRONIC LOGGING DEVICES RE- Secretary, the initial amounts resulting years 2004 and 2005, as required by section QUIREMENTS. from the calculation described in paragraph 32601(a)(5) of MAP–21 (Public Law 112–141). Section 31137(b) is amended— (1) shall be adjusted to ensure that, for each (B) The Secretary shall calculate the aver- (1) in paragraph (1)(C), by striking ‘‘apply State, the amount shall not be less than 97 age required match by a lead State commer- to’’ and inserting ‘‘except as provided in percent of the average amount of funding re- cial motor vehicle safety agency for fiscal paragraph (3), apply to’’; and ceived or other equitable amounts in fiscal years 2013, 2014, and 2015 for motor carrier (2) by adding at the end the following: years 2013, 2014, and 2015 for— safety assistance grants established at 20 ‘‘(3) EXCEPTION.—A motor carrier, when (A) motor carrier safety assistance pro- percent by section 31103 of title 49, United transporting a motor home or recreation ve- gram funds awarded under section 32603(a) of States Code, as that section was in effect on hicle trailer within the definition of MAP–21 (126 Stat. 807; Public Law 112–141); the day before the date of enactment of this ‘driveaway-towaway operation’ (as defined in (B) border enforcement grants awarded Act. section 390.5 of title 49, Code of Federal Reg- under section 32603(a) of MAP–21 (126 Stat. (C) The Secretary shall calculate the esti- ulations) may comply with the hours of serv- 807; Public Law 112–141); and mated match required under section 31104(b) ice requirements by requiring each driver to (C) new entrant audit grants awarded of title 49, United States Code, as amended use— under section 32603(a) of MAP–21 (126 Stat. by section 32502 of this Act. ‘‘(A) a paper record of duty status form; or 807; Public Law 112–141). (D) The Secretary will subtract the ‘‘(B) an electronic logging device.’’. (3) IMMEDIATE RELIEF.—In developing the amount in subparagraph (B) from the SEC. 32603. LAPSE OF REQUIRED FINANCIAL SE- new allocation formula, the Secretary shall amount in subparagraph (C) and— CURITY; SUSPENSION OF REGISTRA- provide immediate relief for at least fiscal (i) if the number is greater than 0, then the TION. years to all States currently subject to the Secretary shall subtract the number from Section 13906(e) is amended by inserting withholding provisions of Motor Carrier the amount in subparagraph (A); or ‘‘or suspend’’ after ‘‘revoke’’. Safety Assistance Program funds for matters (ii) if the number is not greater than 0, SEC. 32604. ACCESS TO NATIONAL DRIVER REG- of noncompliance. then the Secretary shall calculate the main- ISTER. (4) FUTURE WITHHOLDINGS.—Beginning on tenance of effort using the methodology in Section 30305(b) is amended by adding at the date that the new allocation formula is subparagraph (A). the end the following: implemented, the Secretary shall impose all (3) MAINTENANCE OF EFFORT AMOUNT.— ‘‘(13) The Administrator of the Federal future withholdings in accordance with sec- (A) IN GENERAL.—The Secretary shall use Motor Carrier Safety Administration may tion 31102(k) of title 49, United States Code, the amount calculated in paragraph (2) as request the chief driver licensing official of a as amended by section 32502 of this Act. the baseline maintenance of effort required State to provide information under sub- (e) TERMINATION OF EFFECTIVENESS.—This in section 31102(f) of title 49, United States section (a) of this section about an indi- section expires upon the implementation of a Code, as amended by section 32502 of this vidual in connection with a safety investiga- new Motor Carrier Safety Assistance Pro- Act. tion under the Administrator’s jurisdic- gram Allocation Formula. (B) DEADLINE.—If a State does not request tion.’’. SEC. 32509. MAINTENANCE OF EFFORT CALCULA- a waiver or modification under this sub- SEC. 32605. STUDY ON COMMERCIAL MOTOR VE- TION. section before September 30 during the first HICLE DRIVER COMMUTING. (a) BEFORE NEW ALLOCATION FORMULA.— fiscal year that the Secretary implements (a) EFFECTS OF COMMUTING.—The Adminis- (1) FISCAL YEAR 2017.—If a new allocation the new allocation formula under section trator of the Federal Motor Carrier Safety formula has not been established for fiscal 32508, the Secretary shall calculate the main- Administration shall conduct a study of the year 2017, then, for fiscal year 2017, the Sec- tenance of effort using the methodology in effects of motor carrier operator commutes retary of Transportation shall calculate the paragraph (2)(A) of this subsection. exceeding 150 minutes commuting time on maintenance of effort required under section (4) MAINTENANCE OF EFFORT DESCRIBED.— safety and commercial motor vehicle driver 31102(f) of title 49, United States Code, as The maintenance of effort calculated under fatigue. amended by section 32502 of this Act, by this section is the amount required under (b) STUDY.—In conducting the study, the averaging the expenditures for fiscal years section 31102(f) of title 49, United States Administrator shall consider— 2004 and 2005 required by section 32601(a)(5) of Code, as amended by section 32502 of this (1) the prevalence of driver commuting in MAP–21 (Public Law 112–141), as that section Act. the commercial motor vehicle industry, in- was in effect on the day before the date of (c) TERMINATION OF EFFECTIVENESS.—The cluding the number and percentage of drivers enactment of this Act. authority under this section terminates ef- who commute; (2) SUBSEQUENT FISCAL YEARS.—The Sec- fective on the date that the new mainte- (2) the distances traveled, time zones retary may use the methodology for calcu- nance of effort is calculated based on the crossed, time spent commuting, and methods lating the maintenance of effort for fiscal new allocation formula implemented under of transportation used; year 2017 and each fiscal year thereafter if a section 32508. (3) research on the impact of excessive new allocation formula has not been estab- commuting on safety and commercial motor Subtitle F—Miscellaneous Provisions lished. vehicle driver fatigue; (b) BEGINNING WITH NEW ALLOCATION FOR- SEC. 32601. WINDSHIELD TECHNOLOGY. (4) the commuting practices of commercial MATION.— (a) IN GENERAL.—Not later than 180 days motor vehicle drivers and policies of motor (1) IN GENERAL.—Subject to paragraphs (2) after the date of enactment of this Act, the carriers; and (3)(B), beginning on the date that a new Secretary shall revise the regulations in sec- (5) the Federal Motor Carrier Safety Ad- allocation formula is established under sec- tion 393.60(e) of title 49, Code of Federal Reg- ministration regulations, policies, and guid- tion 2508, upon the request of a State, the ulations (relating to the prohibition on ob- ance regarding driver commuting; and Secretary may modify the baseline mainte- structions to the driver’s field of view) to ex- (6) any other matters the Administrator nance of effort required by section 31102(e) of empt from that section the voluntary considers appropriate. title 49, United States Code, as amended by mounting on a windshield of vehicle safety (c) REPORT.—Not later than 18 months section 32502 of this Act, for the purpose of technology likely to achieve a level of safety after the date of enactment of this Act, the establishing a new baseline maintenance of that is equivalent to or greater than the Administrator shall submit to Congress a re- effort if the Secretary determines that a level of safety that would be achieved absent port containing the findings under the study waiver or modification— the exemption. and any recommendations for legislative ac- (A) is equitable due to reasonable cir- (b) DEFINITION OF VEHICLE SAFETY TECH- tion concerning driver commuting. cumstances; NOLOGY.—In this section, ‘‘vehicle safety SEC. 32606. HOUSEHOLD GOODS CONSUMER PRO- (B) will ensure the continuation of com- technology’’ includes fleet-related incident TECTION WORKING GROUP. mercial motor vehicle enforcement activi- management system, performance or behav- (a) WORKING GROUP.—The Secretary shall ties in the State; and ior management system, speed management establish a working group for the purpose of (C) is necessary to ensure that the total system, lane departure warning system, for- developing recommendations on how to best amount of State maintenance of effort and ward collision warning or mitigation system, convey to inexperienced consumers the in- matching expenditures required under sec- active cruise control system, and any other formation such consumers need to know

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(2) CONTENTS.—The study required under to conduct preemployment testing of such (b) MEMBERSHIP.—The Secretary shall en- paragraph (1) shall include— employees for the use of alcohol.’’ and in- sure that the working group is comprised of (A) the impact of the current hours of serv- serting the following: individuals with expertise in consumer af- ice regulations for motor carriers of pas- ‘‘(B) The regulations prescribed under sub- fairs, educators with expertise in how people sengers on fostering safe operation of inter- paragraph (A) shall permit motor carriers— learn most effectively, and representatives city motorcoaches; ‘‘(i) to conduct preemployment testing of of the household goods moving industry. (B) the separation of the failures of the commercial motor vehicle operators for the (c) RECOMMENDATIONS.— current passenger carrier hours-of-service use of alcohol; and (1) CONTENTS.—The recommendations de- regulations and the lack of enforcement of ‘‘(ii) to use hair testing as an acceptable veloped by the working group shall include, the current regulations by Federal and State alternative to urinalysis— at a minimum, recommendations on— agencies; ‘‘(I) in conducting preemployment screen- (A) condensing publication ESA 03005 of (C) the correlation of noncompliance with ing for the use of a controlled substance; and the Federal Motor Carrier Safety Adminis- current passenger carrier hours of service ‘‘(II) in conducting random screening for tration into a format that is more easily rule to passenger carrier accidents using the use of a controlled substance by individ- used by consumers; data from 2000 through 2013; and uals who were subject to preemployment (B) using state-of-the-art education tech- (D) how passenger carrier crashes could screening.’’; and (2) in subsection (c)(2)— niques and technologies, including opti- have been mitigated by any changes to pas- (A) in subparagraph (B), by striking ‘‘and’’ mizing the use of the Internet as an edu- senger carrier hours of service rules. (b) EMERGENCY REGULATIONS.—Nothing in at the end; cational tool; and this section may be construed to affect the (B) in subparagraph (C), by inserting ‘‘and’’ (C) reducing and simplifying the paper- Secretary’s existing authority to provide re- after the semicolon; and work required of motor carriers and shippers lief from the hours of service regulations in (C) by adding at the end the following: in interstate transportation. the event of an emergency under section ‘‘(D) laboratory protocols and cut-off levels (2) DEADLINE.—Not later than one year 390.232 of title 49, Code of Federal Regula- for hair testing to detect the use of a con- after the date of enactment of this Act, the tions. trolled substance;’’. working group shall make the recommenda- (c) EXEMPTION FROM MANDATORY URINAL- tions described in paragraph (1) which the SEC. 32610. GAO REVIEW OF SCHOOL BUS SAFE- TY. YSIS.— Secretary shall publish on a public website. Not later than 1 year after the date of en- (1) IN GENERAL.—Any motor carrier that (d) REPORT.—Not later than year after the demonstrates, to the satisfaction of the Ad- actment of this Act, the Comptroller General date on which the working group makes its of the United States shall submit, to the ministrator of the Federal Motor Carrier recommendations, the Secretary shall issue Committee on Commerce, Science, and Safety Administration, in consultation with a report to Congress on the implementation Transportation of the Senate and the Com- the Department of Health and Human Serv- of such recommendations. mittee on Transportation and Infrastructure ices, that it can carry out an applicable hair (e) FEDERAL ADVISORY COMMITTEE ACT EX- of the House of Representatives, a review of testing program, consistent with generally EMPTION.—The Federal Advisory Committee the following: accepted industry standards, to detect the Act (5 U.S.C. App.) shall not apply to the (1) Existing Federal and State rules and use of a controlled substance by commercial working group established under this sec- guidance, as of the date of the review, con- motor vehicle operators, may apply to the tion. cerning school bus transportation of elemen- Administrator for an exemption from the (f) TERMINATION.—The working group shall tary school and secondary school students mandatory urinalysis testing requirements terminate 2 years after the date of enact- engaging in home-to-school transport or set forth in subpart C of part 382 of title 49, ment of this Act. other transport determined by the Comp- Code of Federal Regulations until a final SEC. 32607. INTERSTATE VAN OPERATIONS. troller General to be a routine part of kin- rule is issued implementing the amendments Section 4136 of SAFETEA-LU (Public Law dergarten through grade 12 education, in- made by subsection (b). VALUATION OF APPLICATIONS.— 109–59; 119 Stat. 1745; 49 U.S.C. 3116 note) is cluding regulations and guidance regarding (2) E (A) IN GENERAL.—In evaluating applica- amended by inserting ‘‘with the exception of driver training programs, capacity require- tions for an exemption under paragraph (1), commuter vanpool operations, which shall ments, programs for special needs students, the Administrator, in consultation with the remain exempt’’ before the period at the end. inspection standards, vehicle age require- Department of Health and Human Services, SEC. 32608. REPORT ON DESIGN AND IMPLEMEN- ments, best practices, and public access to shall determine if the applicant’s testing TATION OF WIRELESS ROADSIDE IN- inspection results and crash records. program employs procedures and protections SPECTION SYSTEMS. (2) Any correlation between public or pri- similar to fleets that have carried out hair (a) IN GENERAL.—Not later than 180 days vate school bus fleet operators whose vehi- testing programs for at least 1 year. after the date of enactment of this Act, the cles are involved in an accident as defined by (B) REQUIREMENTS.—A testing program Secretary shall submit to the Committee on section 390.5 of title, Code of Federal Regula- may not receive an exemption under para- Commerce, Science, and Transportation of tions, and each of the following: graph (1) unless the applicable testing lab- the Senate and the Committee on Transpor- (A) A failure by those same operators of oratories— tation and Infrastructure of the House of State or local safety inspections. (i) have obtained laboratory accreditation Representatives a report regarding the de- (B) The average age or odometer readings specific to hair testing from an accrediting sign, development, testing, and implementa- of the school buses in the fleets of such oper- body, compliant with international or other tion of wireless roadside inspection systems. ators. Federal standards, as appropriate, such as (b) ELEMENTS.—The report required under (C) Violations of Federal laws adminis- tered by the Department of Transportation, the College of American Pathologists; and subsection (a) shall include a determination (ii) utilize hair testing assays that have or of State law equivalents of such laws. as to whether wireless roadside inspection been cleared by the Food and Drug Adminis- systems— (D) Violations of State or local law relat- ing to illegal passing of a school bus. tration under section 510(k) of the Federal (1) conflict with existing non-Federal elec- Food, Drug and Cosmetic Act (21 U.S.C. tronic screening systems, or create capabili- (3) A regulatory framework comparison of public and private school bus operations. 360(k)). ties already available; (3) DEADLINE FOR DECISIONS.—Not later (2) require additional statutory authority (4) Expert recommendations on best prac- tices for safe and reliable school bus trans- than 90 days after receiving an application to incorporate generated inspection data from a motor carrier under this subsection, into the safety measurement system or the portation, including driver training pro- grams, inspection standards, school bus age the Administrator, in consultation with the safety fitness determinations program; and Secretary of Health and Human Services, (3) provide appropriate restrictions to spe- and odometer reading maximums for retire- ment, the percentage of buses in a local bus shall determine whether the motor carrier is cifically address privacy concerns of affected exempt from the testing requirements de- motor carriers and operators. fleet needed as spare buses, and capacity lev- els per school bus for different age groups. scribed in paragraph (1). SEC. 32609. MOTORCOACH HOURS OF SERVICE (4) REPORTING REQUIREMENT.—Any motor SEC. 32611. USE OF HAIR TESTING FOR PRE- STUDY. EMPLOYMENT AND RANDOM CON- carrier that is granted an exemption under (a) REQUIREMENT BEFORE IMPLE- TROLLED SUBSTANCES TESTS. paragraph (1) shall submit records to the na- MENTING NEW RULES.— (a) SHORT TITLE.—This section may be tional clearinghouse established under sec- (1) IN GENERAL.—The Secretary may not cited as the ‘‘Drug Free Commercial Driver tion 31306a of title 49, United States Code, re- amend, adjust, or revise the driver hours of Act of 2015’’. lating to all positive test results and test re- service regulations for motor carriers of pas- (b) AUTHORIZATION OF HAIR TESTING AS AN fusals from the hair testing program de- sengers, by rulemaking or any other means, ACCEPTABLE PROCEDURE FOR PREEMPLOYMENT scribed in that paragraph. until the Secretary conducts a formal study AND RANDOM CONTROLLED SUBSTANCE (d) GUIDELINES FOR HAIR TESTING.—Not that properly accounts for operational dif- TESTS.—Section 31306 is amended— later than 1 year after the date of the enact- ferences and variances in crash data for driv- (1) in subsection (b)(1)— ment of this Act, the Secretary of Health ers in intercity motorcoach service and (A) by redesignating subparagraph (B) as and Human Services shall issue scientific interstate property carrier operations and subparagraph (C); and and technical guidelines for hair testing as a

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method of detecting the use of a controlled (2) CONTENTS.—The data under subsection (2) by inserting after subsection (b) the fol- substance for purposes of section 31306 of (a) shall include— lowing: title 49, United States Code, as amended by (A) the number of rail cars carrying crude ‘‘(c) FEDERALLY DECLARED DISASTER AND subsection (b). When issuing the scientific oil or ethanol; EMERGENCY AREAS.—The Secretary, in con- and technical guidelines, the Secretary of (B) the number of rail cars carrying crude sultation with the Secretary of Homeland Health and Human Services may consider oil or ethanol damaged or derailed; and Security, may prescribe standards to facili- differentiating between exposure to, and (C) the number of rail cars releasing crude tate the safe movement of hazardous mate- usage of, various controlled substances. oil or ethanol. rials into, from, and within a federally de- (e) ANNUAL REPORT TO CONGRESS.—The (3) DIFFERENTIATION.—The data described clared disaster area or a national emergency Secretary shall submit an annual report to in paragraph (2) shall be reported separately area.’’. for crude oil and for ethanol. Congress that— SEC. 33105. AUTHORIZATION OF APPROPRIA- (b) DATABASE CONNECTIVITY.— (1) summarizes the results of preemploy- TIONS. (1) IN GENERAL.—Not later than 180 days ment and random drug testing using both after the date of enactment of this Act, the Section 5128 is amended to read as follows: hair testing and urinalysis; ‘‘§ 5128. Authorization of appropriations (2) evaluates the efficacy of each method; Secretary shall implement information man- and agement practices to ensure that the Pipe- ‘‘(a) IN GENERAL.—There are authorized to (3) determines which method provides the line and Hazardous Materials Safety Admin- be appropriated to the Secretary to carry most accurate means of detecting the use of istration Hazardous Materials Incident Re- out this chapter (except sections 5107(e), controlled substances over time. ports Database (referred to in this section as 5108(g)(2), 5113, 5115, 5116, and 5119)— ‘‘Incident Reports Database’’) and the Fed- ‘‘(1) $43,660,000 for fiscal year 2016; TITLE XXXIII—HAZARDOUS MATERIALS eral Railroad Administration Railroad Safe- ‘‘(2) $44,577,000 for fiscal year 2017; SEC. 33101. ENDORSEMENTS. ty Information System contain accurate and ‘‘(3) $45,513,000 for fiscal year 2018; (a) EXCLUSIONS.—Section 5117(d)(1) is consistent data on a reportable rail equip- ‘‘(4) $46,469,000 for fiscal year 2019; amended— ment accident or incident under part 225 of ‘‘(5) $47,445,000 for fiscal year 2020; and (1) in subparagraph (B), by striking ‘‘and’’ title 49, Code of Federal Regulations, involv- ‘‘(6) $48,441,000 for fiscal year 2021. at the end; ing the release of hazardous materials. ‘‘(b) HAZARDOUS MATERIALS EMERGENCY (2) in subparagraph (C), by striking the pe- (2) IDENTIFIERS.—The Secretary shall en- PREPAREDNESS FUND.—From the Hazardous riod at the end and inserting ‘‘; and’’; and sure that the Incident Reports Database uses Materials Emergency Preparedness Fund es- (3) by adding at the end the following: a searchable Federal Railroad Administra- tablished under section 5116(i), the Secretary ‘‘(D) a service vehicle (as defined in section tion report number, or other applicable may expend, during each of fiscal years 2016 33101 of the Comprehensive Transportation unique identifier that is linked to the Fed- through 2021— and Consumer Protection Act of 2015) car- eral Railroad Safety Information System, ‘‘(1) $188,000 to carry out section 5115; rying diesel fuel in quantities of 3,785 liters for each reportable rail equipment accident ‘‘(2) $21,800,000 to carry out subsections (a) (1,000 gallons) or less that is— or incident under part 225 of title 49, Code of and (b) of section 5116, of which not less than ‘‘(i) driven by a class A commercial driv- Federal Regulations, involving the release of $13,650,000 shall be available to carry out sec- er’s license holder who is a custom har- hazardous materials. tion 5116(b); vester, an agricultural retailer, an agricul- (c) EVALUATION.— ‘‘(3) $150,000 to carry out section 5116(f); tural business employee, an agricultural co- (1) IN GENERAL.—The Department of Trans- ‘‘(4) $625,000 to publish and distribute the operative employee, or an agricultural pro- portation Inspector General shall— Emergency Response Guidebook under sec- ducer; and (A) evaluate the accuracy of information tion 5116(i)(3); and ‘‘(ii) clearly marked with a placard reading in the Incident Reports Database, including ‘‘(5) $1,000,000 to carry out section 5116(j). ‘‘Diesel Fuel’.’’. determining whether any inaccuracies exist ‘‘(c) HAZARDOUS MATERIALS TRAINING (b) HAZARDOUS MATERIALS ENDORSEMENT in— GRANTS.—From the Hazardous Materials EXEMPTION.—The Secretary shall exempt all (i) the type of hazardous materials re- Emergency Preparedness Fund established class A commercial driver’s license holders leased; pursuant to section 5116(i), the Secretary (ii) the quantity of hazardous materials re- who are custom harvesters, agricultural re- may expend $4,000,000 for each of the fiscal leased; tailers, agricultural business employees, ag- years 2016 through 2021 to carry out section (iii) the location of hazardous materials re- ricultural cooperative employees, or agricul- 5107(e). tural producers from the requirement to ob- leased; (iv) the damages or effects of hazardous ‘‘(d) CREDITS TO APPROPRIATIONS.— tain a hazardous materials endorsement ‘‘(1) EXPENSES.—In addition to amounts under part 383 of title 49, Code of Federal materials released; and (v) any other data contained in the data- otherwise made available to carry out this Regulations, while operating a service vehi- chapter, the Secretary may credit amounts cle carrying diesel fuel in quantities of 3,785 base; and (B) considering the requirements in sub- received from a State, Indian tribe, or other liters (1,000 gallons) or less if the tank con- section (b), evaluate the consistency and ac- public authority or private entity for ex- taining such fuel is clearly marked with a curacy of data involving accidents or inci- penses the Secretary incurs in providing placard reading ‘‘Diesel Fuel’’. dents reportable to both the Pipeline and training to the State, authority, or entity. (c) DEFINITION OF SERVICE VEHICLE.—In Hazardous Materials Safety Administration ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts this section, the term ‘‘service vehicle’’ and the Federal Railroad Administration, in- made available under this section shall re- means a vehicle carrying diesel fuel that will cluding whether the Incident Reports Data- main available until expended.’’. be deductible as a profit-seeking activity— (1) under section 162 of the Internal Rev- base uses a searchable identifier described in TITLE XXXIV—HIGHWAY AND MOTOR enue Code of 1986 as a business expense; or subsection (b)(2). VEHICLE SAFETY (2) REPORT.—Not later than 18 months (2) under section 212 of the Internal Rev- Subtitle A—Highway Traffic Safety after the date of enactment of this Act, the enue Code of 1986 as a production of income Department of Transportation Inspector PART I—HIGHWAY SAFETY expense. General shall submit to the Committee on SEC. 34101. AUTHORIZATION OF APPROPRIA- SEC. 33102. ENHANCED REPORTING. Commerce, Science, and Transportation of TIONS. Section 5121(h) is amended by striking the Senate and the Committee on Transpor- (a) IN GENERAL.—The following sums are ‘‘transmit to the Committee on Transpor- tation and Infrastructure of the House of authorized to be appropriated out of the tation and Infrastructure of the House of Representatives a report of the findings Highway Trust Fund (other than the Mass Representatives and the Committee on Com- under subparagraphs (A) and (B) of para- Transit Account): merce, Science, and Transportation of the graph (1) and recommendations for resolving (1) HIGHWAY SAFETY PROGRAMS.—For car- Senate’’ and inserting ‘‘post on the Depart- any inconsistencies or inaccuracies. rying out section 402 of title 23, United ment of Transportation public website’’. (d) SAVINGS CLAUSE.—Nothing in this sec- States Code— SEC. 33103. HAZARDOUS MATERIAL INFORMA- tion may be construed to prohibit the Sec- (A) $243,526,500 for fiscal year 2016; TION. retary from requiring other commodity-spe- (B) $252,267,972 for fiscal year 2017; (a) DERAILMENT DATA.— cific information for any reportable rail (C) $261,229,288 for fiscal year 2018; (1) IN GENERAL.—Not later than 180 days equipment accident or incident under part (D) $270,415,429 for fiscal year 2019; after the date of enactment of this Act, the 225 of title 49, Code of Federal Regulations. (E) $279,831,482 for fiscal year 2020; and Secretary shall revise the form for reporting SEC. 33104. NATIONAL EMERGENCY AND DIS- (F) $289,482,646 for fiscal year 2021. a rail equipment accident or incident under ASTER RESPONSE. (2) HIGHWAY SAFETY RESEARCH AND DEVEL- section 225.21 of title 49, Code of Federal Reg- (a) PURPOSE.—Section 5101 is amended by OPMENT.—For carrying out section 403 of ulations (Form FRA F 6180.54, Rail Equip- inserting and ‘‘and to facilitate the safe title 23, United States Code— ment Accident/Incident Report), including to movement of hazardous materials during na- (A) $137,835,000 for fiscal year 2016; its instructions, to require additional data tional emergencies’’ after ‘‘commerce’’. (B) $140,729,535 for fiscal year 2017; concerning rail cars carrying crude oil or (b) GENERAL REGULATORY AUTHORITY.— (C) $143,684,855 for fiscal year 2018; ethanol that are involved in a reportable rail Section 5103 is amended— (D) $146,702,237 for fiscal year 2019; equipment accident or incident under part (1) by redesignating subsections (c) and (d) (E) $149,782,984 for fiscal year 2020; and 225 of that title. as subsections (d) and (e), respectively; and (F) $152,928,427 for fiscal year 2021.

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(3) NATIONAL PRIORITY SAFETY PROGRAMS.— shall reallocate, before the last day of any while intoxicated to receive a restriction on For carrying out section 405 of title 23, fiscal year, any amounts remaining available driving privileges; and United States Code— of the amounts allocated to carry out any of ‘‘(ii) provides a 24–7 sobriety program.’’; (A) $274,720,000 for fiscal year 2016; the activities described in subsections (b) (E) in subparagraph (C), as redesignated, (B) $277,467,200 for fiscal year 2017; through (g) to increase the amount made by inserting ‘‘and subparagraph (B)’’ after (C) $280,241,872 for fiscal year 2018; available to carry out section 402, in order to ‘‘subparagraph (A)’’; (D) $283,044,291 for fiscal year 2019; ensure, to the maximum extent possible, (F) in subparagraph (D), as redesignated, (E) $285,874,734 for fiscal year 2020; and that all such amounts are obligated during by inserting ‘‘and subparagraph (B)’’ after (F) $288,733,481 for fiscal year 2021. such fiscal year.’’. ‘‘subparagraph (A)’’; (4) NATIONAL DRIVER REGISTER.—For the SEC. 34102. HIGHWAY SAFETY PROGRAMS. (G) by amending subparagraph (E), as re- National Highway Traffic Safety Adminis- (a) RESTRICTION.—Section 402(g) of title 23, designated, to read as follows: tration to carry out chapter 303 of title 49, United States Code, is amended to read as ‘‘(E) FUNDING.— United States Code— follows: ‘‘(i) FUNDING FOR GRANTS TO STATES WITH (A) $5,105,000 for fiscal year 2016; (g) RESTRICTION.—Nothing in this section ALCOHOL-IGNITION INTERLOCK LAWS.—Not (B) $5,212,205 for fiscal year 2017; may be construed to authorize the appropria- more than 12 percent of the amounts made (C) $5,321,661 for fiscal year 2018; tion or expenditure of funds for highway con- available to carry out this subsection in a (D) $5,433,416 for fiscal year 2019; struction, maintenance, or design (other fiscal year shall be made available by the (E) $5,547,518 for fiscal year 2020; and Secretary for making grants under subpara- (F) $5,664,016 for fiscal year 2021. than design of safety features of highways to be incorporated into guidelines).’’. graph (A). (5) HIGH VISIBILITY ENFORCEMENT PRO- (b) USE OF FUNDS.— ‘‘(ii) FUNDING FOR GRANTS TO STATES WITH GRAM.—For carrying out section 2009 of 24–7 SOBRIETY PROGRAMS.—Not more than 3 SAFETEA–LU (23 U.S.C. 402 note)— (1) HIGHWAY SAFETY PROGRAMS.—Section 402(c)(2) of title 23, United States Code, is percent of the amounts made available to (A) $29,290,000 for fiscal year 2016; carry out this subsection in a fiscal year (B) $29,582,900 for fiscal year 2017; amended by inserting ‘‘A State may provide the funds apportioned under this section to a shall be made available by the Secretary for (C) $29,878,729 for fiscal year 2018; making grants under subparagraph (B).’’; (D) $30,177,516 for fiscal year 2019; political subdivision of a State, including In- and (E) $30,479,291 for fiscal year 2020; and dian tribal governments.’’ after ‘‘neighboring (H) by adding at the end the following: (F) $30,784,084 for fiscal year 2021. States.’’. ‘‘(F) EXCEPTIONS.—A State alcohol-ignition (6) ADMINISTRATIVE EXPENSES.—For admin- (2) NATIONAL PRIORITY SAFETY PROGRAMS.— interlock law under subparagraph (A) may istrative and related operating expenses of Section 405(a)(1) is amended by adding at the include exceptions for the following cir- the National Highway Traffic Safety Admin- end the following: cumstances: istration in carrying out chapter of title 23, ‘‘(I) POLITICAL SUBDIVISIONS.—A State may ‘‘(i) The individual is required to operate United States Code, and this subtitle— provide the funds awarded under this section an employer’s motor vehicle in the course (A) $25,755,000 for fiscal year 2016; to a political subdivision of a State, includ- (B) $26,012,550 for fiscal year 2017; ing Indian tribal governments.’’. and scope of employment and the business (C) $26,272,676 for fiscal year 2018; (c) TRACKING PROCESS.—Section 412 of title entity that owns the vehicle is not owned or (D) $26,535,402 for fiscal year 2019; 23, United States Code, is amended by adding controlled by the individual. (E) $26,800,756 for fiscal year 2020; and at the end the following: ‘‘(ii) The individual is certified by a med- (F) $27,068,764 for fiscal year 2021. ‘‘(f) TRACKING PROCESS.—The Secretary ical doctor as being unable to provide a deep (b) PROHIBITION ON OTHER USES.—Except as shall develop a process to identify and miti- lung breath sample for analysis by an igni- otherwise provided in chapter 4 of title 23, gate possible systemic issues across States tion interlock device.’’; and United States Code, in this subtitle, and in and regional offices by reviewing oversight (2) in paragraph (7)(A)— the amendments made by this subtitle, the findings and recommended actions identified (A) in the matter preceding clause (i)— amounts made available from the Highway in triennial State management reviews.’’. (i) by striking ‘‘or a State agency’’ and in- Trust Fund (other than the Mass Transit Ac- (d) HIGHWAY SAFETY PLANS.—Section serting ‘‘or an agency with jurisdiction’’; and count) for a program under such chapter— 402(k)(5)(A) of title 23, United States Code, is (ii) by inserting ‘‘bond,’’ before ‘‘sentence’’; (1) shall only be used to carry out such pro- amended by striking ‘‘60’’ and inserting ‘‘30’’. (B) in clause (i), by striking ‘‘who plead gram; and (e) MAINTENANCE OF EFFORT.—Section guilty or’’ and inserting ‘‘who was arrested, (2) may not be used by States or local gov- 405(a)(1)(H) of title 23, United States Code, is plead guilty, or’’; and ernments for construction purposes. amended to read as follows: (C) in clause (ii), by inserting ‘‘at an in- (c) APPLICABILITY OF TITLE 23.—Except as ‘‘(H) MAINTENANCE OF EFFORT CERTIFI- person testing location’’ after ‘‘per day’’. otherwise provided in chapter 4 of title 23, CATION.—As part of the grant application re- SEC. 34104. REPEAT OFFENDER CRITERIA. United States Code, and in this subtitle, quired in section 402(k)(3)(F), a State receiv- Section 164(a) of title 23, United States amounts made available under subsection (a) ing a grant in any fiscal year under sub- Code, is amended— for fiscal years 2016 through 2021 shall be section (b), subsection (c), or subsection (d) (1) by redesignating paragraphs (1) through available for obligation in the same manner of this section shall provide certification (4) as paragraphs (2) through (5), respec- as if such funds were apportioned under that the lead State agency responsible for tively; chapter 1 of title 23, United States Code. programs described in any of those sections (2) by inserting before paragraph (2), as re- (d) REGULATORY AUTHORITY.—Grants is maintaining aggregate expenditures at or designated, the following: awarded under this subtitle shall be in ac- above the average level of such expenditures ‘‘(1) 24–7 SOBRIETY PROGRAM.—The term ‘24– cordance with regulations issued by the Sec- in the 2 fiscal years prior to the date of en- 7 sobriety program’ has the meaning given retary. actment of the Comprehensive Transpor- the term in section 405(d)(7)(A).’’; (e) STATE MATCHING REQUIREMENTS.—If a tation and Consumer Protection Act of (3) in paragraph (5), as redesignated— grant awarded under this subtitle requires a 2015.’’. (A) in the matter preceding subparagraph State to share in the cost, the aggregate of SEC. 34103. GRANTS FOR ALCOHOL-IGNITION (A), by inserting ‘‘or combination of laws or all expenditures for highway safety activi- INTERLOCK LAWS AND 24–7 SOBRI- programs’’ after ‘‘State law’’; and ties made during any fiscal year by the State ETY PROGRAMS. (B) by amending subparagraph (A) to read and its political subdivisions (exclusive of Section 405(d) of title 23, United States as follows: Federal funds) for carrying out the grant Code, is amended— ‘‘(A) receive, for a period of not less than 1 (other than planning and administration) (1) in paragraph (6)— year— shall be available for the purpose of cred- (A) by amending the heading to read as fol- ‘‘(i) a suspension of all driving privileges; iting the State during such fiscal year for lows: ‘‘ADDITIONAL GRANTS.—’’; ‘‘(ii) a restriction on driving privileges the non-Federal share of the cost of any (B) in subparagraph (A), by amending the that limits the individual to operating only project under this subtitle (other than plan- heading to read as follows: ‘‘GRANTS TO motor vehicles with an ignition interlock de- ning or administration without regard to STATES WITH ALCOHOL-IGNITION INTERLOCK vice installed, unless a special exception ap- whether such expenditures were actually LAWS.—’’; plies; made in connection with such project. (C) by redesignating subparagraphs (B) ‘‘(iii) a restriction on driving privileges (f) GRANT APPLICATION AND DEADLINE.—To through (D) as subparagraphs (C) through that limits the individual to operating motor receive a grant under this subtitle, a State (E), respectively; vehicles only if participating in, and com- shall submit an application, and the Sec- (D) by inserting after subparagraph (A), plying with, a 24–7 sobriety program; or retary shall establish a single deadline for the following: ‘‘(iv) any combination of clauses (i) such applications to enable the award of ‘‘(B) GRANTS TO STATES WITH 24–7 SOBRIETY through (iii);’’; grants early in the next fiscal year. PROGRAMS.—The Secretary shall make a sep- (C) by striking subparagraph (B); (g) TRANSFERS.—Section 405(a)(1)(G) of arate grant under this subsection to each (D) by redesignating subparagraphs (C) and title 23, United States Code, is amended to State that— (D) as subparagraphs (B) and (C), respec- read as follows: ‘‘(i) adopts and is enforcing a law that re- tively; and ‘‘(G) TRANSFERS.—Notwithstanding sub- quires all individuals convicted of driving (E) in subparagraph (C), as redesignated— paragraphs (A) through (F), the Secretary under the influence of alcohol or of driving (i) in clause (i)—

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.050 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5273 (I) in subclause (I), by striking ‘‘; or’’ and in connection with vehicle crashes whenever personal wireless communications device inserting a semicolon; a child restraint system was in use in a vehi- while stopped in traffic.’’; and (4) in para- (II) in subclause (II), by striking ‘‘; and’’; cle involved in a crash: graph (4)— and inserting ‘‘; or’’; and (1) The type or types of child restraint sys- (A) in subparagraph (B)(ii), by striking (III) by adding at the end the following: tems in use during the crash in any vehicle ‘‘and’’ at the end; ‘‘(III) the State certifies that the general involved in the crash, including whether a (B) in subparagraph (C)— practice is that such an individual will be in- five-point harness or belt-positioning boost- (i) by striking ‘‘section 31152’’ and insert- carcerated; and’’; and (ii) in clause (ii)— er. ing ‘‘section 31136’’; and (I) in subclause (I), by striking ‘‘; or’’ and (2) If a five-point harness child restraint (ii) by striking the period at the end and inserting a semicolon; system was in use during the crash, whether inserting ‘‘; and’’; and (II) in subclause (II), by striking ‘‘; and’’; the child restraint system was forward-fac- (C) by adding at the end the following: and inserting ‘‘; or’’; and ing or rear-facing in the vehicle concerned. ‘‘(D) any additional exceptions determined (III) by adding at the end the following: (b) CONSULTATION.—In implementing sub- by the Secretary through the rulemaking ‘‘(III) the State certifies that the general section (a), the Secretary shall work with process.’’; practice is that such an individual will re- law enforcement officials, safety advocates, (5) by amending paragraph (6) to read as ceive approximately 10 days of incarcer- the medical community, and research orga- follows: ‘‘(6) ADDITIONAL DISTRACTED DRIVING ation.’’; and nizations to improve the recordation of data GRANTS.— (4) by adding at the end— described in subsection (a) in police and ‘‘(A) IN GENERAL.—Notwithstanding para- ‘‘(6) SPECIAL EXCEPTION.—The term ‘special other applicable incident reports. graph (1), the Secretary shall use up to 50 exception’ means an exception under a State (c) REPORT.—Not later than 3 years after percent of the amounts available for grants alcohol-ignition interlock law for the fol- the date of enactment of this Act, the Sec- under this subsection to award grants to any lowing circumstances: retary shall submit to the Committee on State that— ‘‘(A) The individual is required to operate Commerce, Science, and Transportation of an employer’s motor vehicle in the course ‘‘(i) in fiscal year 2017— the Senate and the Committee on Energy ‘‘(I) certifies that it has enacted a basic and scope of employment and the business and Commerce of the House of Representa- entity that owns the vehicle is not owned or text messaging statute that— tives a report on child occupant crash data ‘‘(aa) is applicable to drivers of all ages; controlled by the individual. collection in the crash investigation data ‘‘(B) The individual is certified by a med- and collection system of the National Highway ical doctor as being unable to provide a deep ‘‘(bb) makes violation of the basic text Traffic Safety Administration pursuant to lung breath sample for analysis by an igni- messaging statute a primary offense or sec- the revision required by subsection (a). tion interlock device.’’. ondary enforcement action as allowed by PART II—STOP MOTORCYCLE State statute; and SEC. 34105. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL AND DRUG CHECKPOINT FUNDING ACT ‘‘(II) is otherwise ineligible for a grant USE BY DRIVERS. SEC. 34121. SHORT TITLE. under this subsection; and ‘‘(ii) in fiscal year 2018— Not later than 180 days after the date that This part may be cited as the ‘‘Stop Motor- ‘‘(I) meets the requirements under clause the Comptroller General reviews and reports cycle Checkpoint Funding Act’’. on the overall value of the National Roadside (i); SEC. 34122. GRANT RESTRICTION. ‘‘(II) imposes fines for violations; and Survey to researchers and other public safe- Notwithstanding section 153 of title 23, ‘‘(III) has a statute that prohibits drivers ty stakeholders, the differences between a United States Code, the Secretary may not who are younger than 18 years of age from National Roadside Survey site and typical provide a grant or any funds to a State, using a personal wireless communications law enforcement checkpoints, and the effec- county, town, township, Indian tribe, mu- device while driving. tiveness of the National Roadside Survey nicipality, or other local government that ‘‘(B) USE OF GRANT FUNDS.— methodology at protecting the privacy of the may be used for any program— ‘‘(i) IN GENERAL.—Notwithstanding para- driving public, as requested by the Com- (1) to check helmet usage; or graph (5) and subject to clauses (ii) and (iii) mittee on Appropriations of the Senate on (2) to create checkpoints that specifically of this subparagraph, amounts received by a June 5, 2014 (Senate Report 113–182), the Sec- target motorcycle operators or motorcycle State under subparagraph (A) may be used retary shall report to Congress on the Na- passengers. for activities related to the enforcement of tional Highway Traffic Safety Administra- distracted driving laws, including for public tion’s progress toward reviewing that report PART III—IMPROVING DRIVER SAFETY ACT OF 2015 information and awareness purposes. and implementing any recommendations ‘‘(ii) FISCAL YEAR 2017.—In fiscal year 2017, made in that report. SEC. 34131. SHORT TITLE. up to 15 percent of the amounts received by SEC. 34106. INCREASING PUBLIC AWARENESS OF This part may be cited as the ‘‘Improving a State under subparagraph (A) may be used THE DANGERS OF DRUG-IMPAIRED Driver Safety Act of 2015’’. for any eligible project or activity under sec- DRIVING. SEC. 34132. DISTRACTED DRIVING INCENTIVE tion 402. (a) ADDITIONAL ACTIONS.—The Adminis- GRANTS. 2‘‘(iii) FISCAL YEAR 2018.—In fiscal year trator of the National Highway Traffic Safe- Section 405(e) of title 23, United States 2018, up to 25 percent of the amounts re- ty Administration, in consultation with the Code, is amended— ceived by a State under subparagraph (A) White House Office of National Drug Control (1) in paragraph (1), by inserting ‘‘includes may be used for any eligible project or activ- Policy, the Secretary of Health and Human distracted driving issues as part of the ity under section 402.’’; and Services, State highway safety offices, and State’s driver’s license examination and’’ (6) in paragraph (9)(A)(i), by striking ‘‘, in- other interested parties, as determined by after ‘‘any State that’’; cluding operation while temporarily sta- the Administrator, shall identify and carry (2) in paragraph (2)— tionary because of traffic, a traffic light or out additional actions that should be under- (A) in subparagraph (B), by striking ‘‘and’’ stop sign, or otherwise’’. taken by the Administration to assist States at the end; SEC. 34133. BARRIERS TO DATA COLLECTION RE- in their efforts to increase public awareness (B) by amending subparagraph (C) to read PORT. of the dangers of drug-impaired driving, in- as follows: Not later than 180 days after the date of cluding the dangers of driving while under ‘‘(C) establishes a minimum fine for a vio- the enactment of this Act, the Adminis- the influence of heroin or prescription lation of the statute; and’’; and trator of the National Highway Traffic Safe- opioids. (C) by adding at the end the following: ty Administration shall submit a report to (b) REPORT.—Not later than 60 days after ‘‘(D) does not provide for an exception that the Committee on Commerce, Science, and the date of enactment of this Act, the Ad- specifically allows a driver to use a personal Transportation of the Senate, the Com- ministrator shall submit a report to the wireless communications device for texting mittee on Energy and Commerce of the Committee on Commerce, Science, and while stopped in traffic.’’; House of Representatives, and the Com- Transportation of the Senate and the Com- (3) in paragraph (3)— mittee on Transportation and Infrastructure mittee on Transportation and Infrastructure (A) by amending subparagraph (A) to read of the House of Representatives that— of the House of Representatives that de- as follows: (1) identifies any legal and technical bar- scribes the additional actions undertaken by ‘‘(A) prohibits the use of a personal wire- riers to capturing adequate data on the prev- the Administration pursuant to subsection less communications device while driving for alence of the use of wireless communications (a). drivers— devices while driving; and SEC. 34107. IMPROVEMENT OF DATA COLLECTION ‘‘(i) younger than 18 years of age; or (2) provides recommendations on how to ON CHILD OCCUPANTS IN VEHICLE ‘‘(ii) in the learner’s permit and inter- address such barriers. CRASHES. mediate license stages;’’; and SEC. 34134. MINIMUM REQUIREMENTS FOR STATE (a) IN GENERAL.—Not later than 1 year (B) by striking subparagraphs (C) and (D) GRADUATED DRIVER LICENSING IN- after the date of enactment of this Act, the and inserting the following: CENTIVE GRANT PROGRAM. Secretary shall revise the crash investiga- ‘‘(C) establishes a minimum fine for a vio- Section 405(g)(2) of title 23, United States tion data collection system of the National lation of the statute; and Code, is amended— Highway Traffic Safety Administration to ‘‘(D) does not provide for an exception that (1) in subparagraph (A), by striking ‘‘21’’ include the collection of the following data specifically allows a driver to text through a and inserting ‘‘18’’; and

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.050 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5274 CONGRESSIONAL RECORD — SENATE July 21, 2015 (2) by amending subparagraph (B) to read (B) by striking ‘‘subsection (f)’’ and insert- menting any remaining recommendations; as follows: ing ‘‘subsection (k)’’; and and ‘‘(B) LICENSING PROCESS.—A State is in (3) in subsection (k)(4), by striking ‘‘para- (2) not later than 1 year after the date of compliance with the 2-stage licensing proc- graph (2)(A)’’ and inserting ‘‘paragraph enactment of this Act, issue a final report to ess described in this subparagraph if the (3)(A)’’. the appropriate committees of Congress on State’s driver’s license laws include— (b) HIGHWAY SAFETY RESEARCH AND DEVEL- the implementation of all of the rec- ‘‘(i) a learner’s permit stage that— OPMENT.—Section 403(e) of title 23, United ommendations in the audit report described ‘‘(I) is at least 6 months in duration; States Code is amended by inserting ‘‘of title in subsection (a). ‘‘(II) contains a prohibition on the driver 49’’ after ‘‘chapter 301’’. (c) DEFINITIONS.—In this section: using a personal wireless communications (c) NATIONAL PRIORITY SAFETY PRO- (1) APPROPRIATE COMMITTEES OF CON- device (as defined in subsection (e)) while GRAMS.—Section 405 of title 23, United States GRESS.—The term ‘‘appropriate committees driving except under an exception permitted Code is amended— of Congress’’ means the Committee on Com- under paragraph (4) of that subsection, and (1) in subsection (d)(5), by striking ‘‘section merce, Science, and Transportation of the makes a violation of the prohibition a pri- 402(c)’’ and inserting ‘‘section 402’’; and Senate and the Committee on Energy and mary offense; (2) in subsection (f)(4)(A)(iv), by striking Commerce of the House of Representatives. ‘‘(III) requires applicants to successfully ‘‘developed under subsection (g)’’. (2) COMPLETION DATE.—The term ‘‘comple- tion date’’ means the date that the National pass a vision and knowledge assessment Subtitle B—Vehicle Safety prior to receiving a learner’s permit; Highway Traffic Safety Administration has ‘‘(IV) requires that the driver be accom- SEC. 34201. AUTHORIZATION OF APPROPRIA- implemented all of the recommendations in panied and supervised at all times while the TIONS. the Office of Inspector General Audit Report driver is operating a motor vehicle by a li- (a) IN GENERAL.—Subject to subsection (b), issued June 18, 2015 (ST–2015–063). censed driver who is at least 21 years of age there is authorized to be appropriated to the SEC. 34203. IMPROVEMENTS IN AVAILABILITY OF or is a State-certified driving instructor; Secretary to carry out chapter 301 of title 49, RECALL INFORMATION. ‘‘(V) has a requirement that the driver— and part C of subtitle VI of title 49, United (a) VEHICLE RECALL INFORMATION.—Not ‘‘(aa) complete a State-certified driver edu- States Code, amounts as follows: later than 2 years after the date of enact- cation or training course; or (1) $132,730,000 for fiscal year 2016. ment of this Act, the Secretary shall imple- ‘‘(bb) obtain at least 50 hours of behind- (2) $135,517,330 for fiscal year 2017. ment current information technology, web the-wheel training, with at least 10 hours at (3) $138,363,194 for fiscal year 2018. design trends, and best practices that will night, with a licensed driver; (4) $141,268,821 for fiscal year 2019. help ensure that motor vehicle safety recall ‘‘(VI) remains in effect until the driver— (5) $144,235,466 for fiscal year 2020. information available to the public on the ‘‘(aa) reaches 16 years of age and enters the (6) $147,264,411 for fiscal year 2021. Federal website is readily accessible and intermediate stage; or (b) ADDITIONAL AUTHORIZATION OF APPRO- easy to use, including— ‘‘(bb) reaches 18 years of age; PRIATIONS IF A CERTIFICATION IS MADE.— (1) by improving the organization, avail- ‘‘(ii) an intermediate stage that— (1) IN GENERAL.—In addition to the ability, readability, and functionality of the ‘‘(I) commences immediately after the ex- amounts authorized to be appropriated under website; piration of the learner’s permit stage and subsection (a) to carry out chapter 301 of (2) by accommodating high-traffic volume; successful completion of a driving skills as- title 49, and part C of subtitle VI of title 49, and sessment; United States Code, if the certification de- (3) by establishing best practices for sched- ‘‘(II) is at least 6 months in duration; scribed in paragraph (2) is made during a fis- uling routine website maintenance. ‘‘(III) prohibits the driver from using a per- cal year there is authorized to be appro- (b) GOVERNMENT ACCOUNTABILITY OFFICE sonal wireless communications device (as de- priated to the Secretary for that purpose for PUBLIC AWARENESS REPORT.— fined in subsection (e)) while driving except that fiscal year and subsequent fiscal years (1) IN GENERAL.—The Comptroller General under an exception permitted under para- an additional amount as follows: shall study the current use by consumers, graph (4) of that subsection, and makes a (A) $46,270,000 for fiscal year 2016. dealers, and manufacturers of the safety re- violation of the prohibition a primary of- (B) $51,537,670 for fiscal year 2017. call information made available to the pub- fense; (C) $57,296,336 for fiscal year 2018. lic, including the usability and content of ‘‘(IV) for the first 6 months of the inter- (D) $62,999,728 for fiscal year 2019. the Federal and manufacturers’ websites and mediate stage, restricts driving at night be- (E) $69,837,974 for fiscal year 2020. the National Highway Traffic Safety Admin- tween the hours of 10:00 p.m. and 5:00 a.m. (F) $76,656,407 for fiscal year 2021. istration’s efforts to publicize and educate when not supervised by a licensed driver 21 (2) CERTIFICATION DESCRIBED.—The certifi- consumers about safety recall information. years of age or older, excluding transpor- cation described in this paragraph is a cer- (2) REPORT.—Not later than 2 years after tation to work, school, religious activities, tification made by the Secretary and sub- the date of enactment of this Act, the Comp- or emergencies; mitted to Congress that the National High- troller General shall issue a report with the ‘‘(V) prohibits the driver from operating a way Traffic Safety Administration has im- findings of the study under paragraph (1), in- motor vehicle with more than 1 nonfamilial plemented all of the recommendations in the cluding recommending any actions the Sec- passenger younger than 21 years of age un- Office of Inspector General Audit Report retary can take to improve public awareness less a licensed driver who is at least 21 years issued June 18, 2015 (ST–2015–063). As part of and use of the websites for safety recall in- of age is in the motor vehicle; and the certification, the Secretary shall review formation. ‘‘(VI) remains in effect until the driver the actions the National Highway Traffic (c) PROMOTION OF PUBLIC AWARENESS.—Sec- reaches 17 years of age; and Safety Administration has taken to imple- tion 31301(c) of the Moving Ahead for ‘‘(iii) a learner’s permit and intermediate ment the recommendations and issue a re- Progress in the 21st Century Act (49 U.S.C. stage that require, in addition to any other port to Congress detailing how the rec- 30166 note) is amended to read as follows: ‘‘(c) PROMOTION OF PUBLIC AWARENESS.— penalties imposed by State law, the granting ommendations were implemented. The Sec- The Secretary shall improve public aware- of an unrestricted driver’s license be auto- retary shall not delegate or assign the re- ness of safety recall information made pub- matically delayed for any individual who, sponsibility under this paragraph. during the learner’s permit or intermediate licly available by periodically updating the SEC. 34202. INSPECTOR GENERAL RECOMMENDA- method of conveying that information to stage, is convicted of a driving-related of- TIONS. consumers, dealers, and manufacturers, such fense during the first 6 months, including— (a) IN GENERAL.—Not later than 90 days ‘‘(I) driving while intoxicated; as through public service announcements.’’. after the date of enactment of this Act, and (d) CONSUMER GUIDANCE.—Not later than 1 ‘‘(II) misrepresentation of the individual’s periodically thereafter until the completion age; year after the date of enactment of this Act, date, the Department of Transportation In- the Secretary shall make available to the ‘‘(III) reckless driving; spector General shall report to the appro- ‘‘(IV) driving without wearing a seat belt; public on the Internet detailed guidance for priate committees of Congress on whether ‘‘(V) speeding; or consumers submitting safety complaints, in- and what progress has been made to imple- ‘‘(VI) any other driving-related offense, as cluding— ment the recommendations in the Office of determined by the Secretary.’’. (1) a detailed explanation of what informa- Inspector General Audit Report issued June tion a consumer should include in a com- PART IV—TECHNICAL AND CONFORMING 18, 2015 (ST–2015–063). AMENDMENTS plaint; and SEC. 34141. TECHNICAL CORRECTIONS TO THE (b) IMPLEMENTATION PROGRESS.—The Ad- (2) a detailed explanation of the possible MOTOR VEHICLE AND HIGHWAY ministrator of the National Highway Traffic actions the National Highway Traffic Safety SAFETY IMPROVEMENT ACT OF 2012. Safety Administration shall— Administration can take to address a com- (a) HIGHWAY SAFETY PROGRAMS.—Section (1) not later than 90 days after the date of plaint and respond to the consumer, includ- 402 of title 23, United States Code is amend- enactment of this Act, and periodically ing information on— ed— thereafter until the completion date, provide (A) the consumer records, such as photo- (1) in subsection (b)(1)(C), by striking ‘‘ex- a briefing to the appropriate committees of graphs and police reports, that could assist cept as provided in paragraph (3),’’; Congress on the actions the Administrator with an investigation; and (2) in subsection (b)(1)(E)— has taken to implement the recommenda- (B) the length of time a consumer should (A) by striking ‘‘in which a State’’ and in- tions in the audit report described in sub- retain the records described in subparagraph serting ‘‘for which a State’’; and section (a), including a plan for imple- (A).

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(e) VIN SEARCH.— pilot program to evaluate the feasibility and ‘‘(B) the notification requirement under (1) IN GENERAL.—The Secretary, in coordi- effectiveness of a State process for informing subparagraph (A) is specified in a franchise, nation with industry, including manufactur- consumers of open motor vehicle recalls at operating, or other agreement between the ers and dealers, shall study— the time of motor vehicle registration in the dealer and the manufacturer.’’; and (A) the feasibility of searching multiple ve- State. (3) by adding at the end the following: hicle identification numbers at a time to re- (b) GRANTS.—To carry out this program, ‘‘(2) DEFINITION OF OPEN RECALL.—In this trieve motor vehicle safety recall informa- the Secretary may make a grant to each eli- subsection, the term ‘open recall’ means a tion; and gible State, but not more than 6 eligible recall for which a notification by a manufac- (B) the feasibility of making the search States in total, that agrees to comply with turer has been provided under section 30119 mechanism described under subparagraph the requirements under subsection (c). Funds and that has not been remedied under this (A) publicly available. made available to a State under this section section.’’. (2) CONSIDERATIONS.—In conducting the shall be used by the State for the pilot pro- study under paragraph (1), the Secretary SEC. 34208. EXTENSION OF TIME PERIOD FOR gram described in subsection (a). REMEDY OF TIRE DEFECTS. shall consider the potential costs, and poten- (c) ELIGIBILITY.—To be eligible for a grant, tial risks to privacy and security in imple- Section 30120(b) of title 49, United States a State shall— menting such a search mechanism. Code, is amended— (1) submit an application in such form and (1) in paragraph (1), by striking ‘‘60 days’’ SEC. 34204. RECALL PROCESS. manner as the Secretary prescribes; and inserting ‘‘180 days’’; and (a) NOTIFICATION IMPROVEMENT.— (2) agree to notify, at the time of registra- (1) IN GENERAL.—Not later than 270 days (2) in paragraph (2), by striking ‘‘60-day’’ after the date of enactment of this Act, the tion, each owner or lessee of a motor vehicle each place it appears and inserting ‘‘180- Secretary shall prescribe a final rule revis- presented for registration in the State of any day’’. ing the regulations under section 577.7 of open recall on that vehicle; SEC. 34209. RENTAL CAR SAFETY. title 49, Code of Federal Regulations, to in- (3) provide the open motor vehicle recall (a) SHORT TITLE.—This section may be clude notification by electronic means in ad- information at no cost to each owner or les- cited as the ‘‘Raechel and Jacqueline Houck dition to notification by first class mail. see of a motor vehicle presented for registra- Safe Rental Car Act of 2015’’. (2) DEFINITION OF ELECTRONIC MEANS.—In tion in the State; and (b) DEFINITIONS.—Section 30102(a) is this subsection, the term ‘‘electronic means’’ (4) provide such other information as the amended— includes electronic mail and may include Secretary may require. (1) by redesignating paragraphs (10) and such other means of electronic notification, (d) AWARDS.—In selecting an applicant for (11) as paragraphs (12) and (13), respectively; such as social media or targeted online cam- an award under this section, the Secretary (2) by redesignating paragraphs (1) through paigns, as determined by the Secretary. shall consider the State’s methodology for (9) as paragraphs (2) through (10), respec- (b) NOTIFICATION BY MANUFACTURER.—Sec- determining open recalls on a motor vehicle, tively; tion 30118(c) is amended by inserting ‘‘or for informing consumers of the open recalls, (3) by inserting before paragraph (2), as re- electronic mail’’ after ‘‘certified mail’’. and for determining performance. designated, the following: (c) RECALL COMPLETION RATES REPORT.— (e) PERFORMANCE PERIOD.—Each grant ‘‘(1) ‘covered rental vehicle’ means a motor (1) IN GENERAL.—Not later than 1 year after awarded under this section shall require a 2- vehicle that— the date of enactment of this Act, and bien- year performance period. ‘‘(A) has a gross vehicle weight rating of nially thereafter for 4 years, the Secretary (f) REPORT.—Not later than 90 days after 10,000 pounds or less; shall— the completion of the performance period ‘‘(B) is rented without a driver for an ini- (A) conduct an analysis of vehicle safety under subsection (e), a grantee shall provide tial term of less than 4 months; and recall completion rates to assess potential to the Secretary a report of performance ‘‘(C) is part of a motor vehicle fleet of or actions by the National Highway Traffic containing such information as the Sec- Safety Administration to improve vehicle more motor vehicles that are used for rental retary considers necessary to evaluate the purposes by a rental company.’’; and safety recall completion rates; and extent to which open recalls have been rem- (B) submit to the Committee on Com- (4) by inserting after paragraph (10), as re- edied. merce, Science, and Transportation of the designated, the following: (g) EVALUATION.—Not later than 180 days Senate and the Committee on Energy and ‘‘(11) ‘rental company’ means a person after the completion of the pilot program, Commerce of the House of Representatives a who— the Secretary shall evaluate the extent to report on the results of the analysis. ‘‘(A) is engaged in the business of renting which open recalls identified have been rem- (2) CONTENTS.—Each report shall include— covered rental vehicles; and (A) the annual recall completion rate by edied. ‘‘(B) uses for rental purposes a motor vehi- manufacturer, model year, component (such (h) DEFINITIONS.—In this section: cle fleet of or more covered rental vehicles.’’. as brakes, fuel systems, and air bags), and (1) CONSUMER.—The term ‘‘consumer’’ in- (c) REMEDIES FOR DEFECTS AND NONCOMPLI- vehicle type (passenger car, sport utility ve- cludes owner and lessee. ANCE.—Section 30120(i) is amended— hicle, passenger van, and pick-up truck) for (2) MOTOR VEHICLE.—The term ‘‘motor ve- (1) in the subsection heading, by adding ‘‘, each of the 5 years before the year the report hicle’’ has the meaning given the term under OR RENTAL’’ at the end; is submitted; section 30102(a) of title 49, United States (2) in paragraph (1)— (B) the methods by which the Secretary Code. (A) by striking ‘‘(1) If notification’’ and in- has conducted analyses of these recall com- (3) OPEN RECALL.—The term ‘‘open recall’’ serting the following: pletion rates to determine trends and iden- means a recall for which a notification by a ‘‘(1) IN GENERAL.—If notification’’; tify risk factors associated with lower recall manufacturer has been provided under sec- (B) by indenting subparagraphs (A) and (B) rates; and tion 30119 of title 49, United States Code, and four ems from the left margin; (C) the actions the Secretary has planned that has not been remedied under section (C) by inserting ‘‘or the manufacturer has to improve recall completion rates based on 30120 of that title. provided to a rental company notification the results of this data analysis. (4) REGISTRATION.—The term ‘‘registra- about a covered rental vehicle in the com- (d) INSPECTOR GENERAL AUDIT OF VEHICLE tion’’ means the process for registering pany’s possession at the time of notifica- RECALLS.— motor vehicles in the State. tion’’ after ‘‘time of notification’’; (1) IN GENERAL.—The Department of Trans- (5) STATE.—The term ‘‘State’’ has the (D) by striking ‘‘the dealer may sell or portation Inspector General shall conduct an meaning given the term under section 101(a) lease,’’ and inserting ‘‘the dealer or rental audit of the National Highway Traffic Safety of title 23, United States Code. company may sell, lease, or rent’’; and Administration’s management of vehicle SEC. 34206. RECALL OBLIGATIONS UNDER BANK- (E) in subparagraph (A), by striking ‘‘sale safety recalls. RUPTCY. or lease’’ and inserting ‘‘sale, lease, or rental (2) CONTENTS.—The audit shall include a Section 30120A is amended by striking agreement’’; determination of whether the National High- ‘‘chapter 11 of title 11,’’ and inserting ‘‘chap- (3) by amending paragraph (2) to read as way Traffic Safety Administration— ter 7 or chapter 11 of title 11’’. follows: (A) appropriately monitors recalls to en- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in sure the appropriateness of scope and ade- SEC. 34207. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL. this subsection may be construed to prohibit quacy of recall completion rates and rem- Section 30120(f) is amended— a dealer or rental company from offering the edies; (B) ensures manufacturers provide safe (1) by inserting ‘‘(1) IN GENERAL.—’’ before vehicle or equipment for sale, lease, or remedies, at no cost to consumers; ‘‘A manufacturer’’ and indenting appro- rent.’’; and (C) is capable of coordinating recall rem- priately; (4) by adding at the end the following: edies and processes; and (2) in paragraph (1), as redesignated, by ‘‘(3) SPECIFIC RULES FOR RENTAL COMPA- (D) can improve its policy on consumer no- striking the period at the end and inserting NIES.— tice to combat effects of recall fatigue. the following: ‘‘if— ‘‘(A) IN GENERAL.—Except as otherwise pro- SEC. 34205. PILOT GRANT PROGRAM FOR STATE ‘‘(A) at the time of providing service for vided under this paragraph, a rental com- NOTIFICATION TO CONSUMERS OF each of the manufacturer’s motor vehicles it pany shall comply with the limitations on MOTOR VEHICLE RECALL STATUS. services, the dealer notifies the owner or the sale, lease, or rental set forth in subpara- (a) IN GENERAL.—Not later than October 1, individual requesting the service of any open graph (C) and paragraph (1) as soon as prac- 2016, the Secretary shall implement a 2-year recall; and ticable, but not later than 24 hours after the

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.050 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5276 CONGRESSIONAL RECORD — SENATE July 21, 2015 earliest receipt of the notice to owner under (A) by redesignating paragraphs (1) and (2) proval from the Secretary under subsection subsection (b) or (c) of section 30118 (includ- as subparagraphs (A) and (B), respectively; (d), may allow for written disclosures or no- ing the vehicle identification number for the (B) by striking ‘‘REPORT.—Not later’’ and tices and related matters to be provided elec- covered vehicle) by the rental company, inserting the following: tronically if— whether by electronic means or first class ‘‘(c) REPORTS.— ‘‘(A) in compliance with— mail. ‘‘(1) INITIAL REPORT.—Not later’’; ‘‘(i) the requirements of subchapter 1 of ‘‘(B) SPECIAL RULE FOR LARGE VEHICLE (C) in paragraph (1), by striking ‘‘sub- chapter 96 of title 15; or FLEETS.—Notwithstanding subparagraph (A), section (b)’’ and inserting ‘‘subparagraphs ‘‘(ii) the requirements of a State law under if a rental company receives a notice to (A) through (E) and (G) of subsection (b)(2)’’; section 7002(a) of title 15; and owner covering more than 5,000 motor vehi- and ‘‘(B) the disclosures or notices otherwise cles in its fleet, the rental company shall (D) by adding at the end the following: meet the requirements under this section, comply with the limitations on sale, lease, ‘‘(2) SAFETY RECALL REMEDY REPORT.—Not including appropriate authentication and se- or rental set forth in subparagraph (C) and later than year after the date of the enact- curity measures. paragraph (1) as soon as practicable, but not ment of the ‘Raechel and Jacqueline Houck ‘‘(3) Paragraph (2) ceases to be effective on later than 48 hours after the earliest receipt Safe Rental Car Act of 2015’, the Secretary the date the regulations under paragraph (1) of the notice to owner under subsection (b) shall submit a report to the congressional become effective.’’. or (c) of section 30118 (including the vehicle committees set forth in paragraph (1) that SEC. 34212. CORPORATE RESPONSIBILITY FOR identification number for the covered vehi- contains— NHTSA REPORTS. cle) by the rental company, whether by elec- ‘‘(A) the findings of the study conducted Section 30166(o) is amended— tronic means or first class mail. pursuant to subsection (b)(2)(F); and (1) in paragraph (1), by striking ‘‘may’’ and ‘‘(C) SPECIAL RULE FOR WHEN REMEDIES NOT ‘‘(B) any recommendations for legislation inserting ‘‘shall’’; and (2) by adding at the end the following: IMMEDIATELY AVAILABLE.—If a notification that the Secretary determines to be appro- ‘‘(3) DEADLINE.—Not later than 1 year after required under subsection (b) or (c) of section priate.’’. the date of enactment of the Comprehensive 30118 indicates that the remedy for the defect (h) PUBLIC COMMENTS.—The Secretary shall Transportation and Consumer Protection or noncompliance is not immediately avail- solicit comments regarding the implementa- Act of 2015, the Secretary shall issue a final able and specifies actions to temporarily tion of this section from members of the pub- rule under paragraph (1).’’. alter the vehicle that eliminate the safety lic, including rental companies, consumer risk posed by the defect or noncompliance, organizations, automobile manufacturers, SEC. 34213. DIRECT VEHICLE NOTIFICATION OF RECALLS. the rental company, after causing the speci- and automobile dealers. (a) RECALL NOTIFICATION REPORT.—Not fied actions to be performed, may rent (but (i) RULE OF CONSTRUCTION.—Nothing in this later than 1 year after the date of enactment may not sell or lease) the motor vehicle. section or the amendments made by this sec- of this Act, the Secretary shall issue a report Once the remedy for the rental vehicle be- tion— on the feasibility of a technical system that comes available to the rental company, the (1) may be construed to create or increase would operate in each new motor vehicle to rental company may not rent the vehicle any liability, including for loss of use, for a indicate when the vehicle is subject to an until the vehicle has been remedied, as pro- manufacturer as a result of having manufac- open recall. vided in subsection (a). tured or imported a motor vehicle subject to (b) DEFINITION OF OPEN RECALL.—In this ‘‘(D) INAPPLICABILITY TO JUNK AUTO- a notification of defect or noncompliance section the term ‘‘open recall’’ means a re- MOBILES.—Notwithstanding paragraph (1), under subsection (b) or (c) of section 30118 of call for which a notification by a manufac- this subsection does not prohibit a rental title 49, United States Code; or turer has been provided under section 30119 company from selling a covered rental vehi- (2) shall supersede or otherwise affect the of title 49, United States Code, and that has cle if such vehicle— contractual obligations, if any, between such ‘‘(i) meets the definition of a junk auto- a manufacturer and a rental company (as de- not been remedied under section 30120 of that mobile under section 201 of the Anti-Car fined in section 30102(a) of title 49, United title. Theft Act of 1992 (49 U.S.C. 30501); States Code). SEC. 34214. UNATTENDED CHILDREN WARNING. ‘‘(ii) is retitled as a junk automobile pursu- (j) RULEMAKING.—The Secretary may pro- Section 31504(a) of the Moving Ahead for ant to applicable State law; and mulgate rules, as appropriate, to implement Progress in the 21st Century Act (49 U.S.C. ‘‘(iii) is reported to the National Motor Ve- this section and the amendments made by 30111 note) is amended by striking ‘‘may’’ hicle Information System, if required under this section. and inserting ‘‘shall’’. section 204 of such Act (49 U.S.C. 30504).’’. (k) EFFECTIVE DATE.—The amendments SEC. 34215. TIRE PRESSURE MONITORING SYS- (d) MAKING SAFETY DEVICES AND ELEMENTS made by this section shall take effect on the TEM. INOPERATIVE.—Section 30122(b) is amended by date that is 180 days after the date of enact- (a) PROPOSED RULE.—Not later than 1 year inserting ‘‘rental company,’’ after ‘‘dealer,’’ ment of this Act. after the date of enactment of this Act, the each place such term appears. SEC. 34210. INCREASE IN CIVIL PENALTIES FOR Secretary shall publish a proposed rule that (e) INSPECTIONS, INVESTIGATIONS, AND VIOLATIONS OF MOTOR VEHICLE updates the standards pertaining to tire RECORDS.—Section 30166 is amended— SAFETY. pressure monitoring systems to ensure that (1) in subsection (c)(2), by striking ‘‘or (a) INCREASE IN CIVIL PENALTIES.—Section a tire pressure monitoring system cannot be dealer’’ each place such term appears and in- 30165(a) is amended— overridden, reset, or recalibrated to an un- serting ‘‘dealer, or rental company’’; (1) in paragraph (1)— safe pressure level. (2) in subsection (e), by striking ‘‘or deal- (A) by striking ‘‘$5,000’’ and inserting (b) FINAL RULE.—Not later than 2 years er’’ each place such term appears and insert- ‘‘$14,000’’; and after the date of enactment of this Act, after ing ‘‘dealer, or rental company’’; and (B) by striking ‘‘$35,000,000’’ and inserting providing the public with sufficient oppor- (3) in subsection (f), by striking ‘‘or to ‘‘$70,000,000’’; and tunity for notice and comment on the pro- owners’’ and inserting ‘‘, rental companies, (2) in paragraph (3)— posed rule published under subsection (a), or other owners’’. (A) by striking ‘‘$5,000’’ and inserting the Secretary shall issue a final rule on the (f) RESEARCH AUTHORITY.—The Secretary ‘‘$14,000’’; and subject described in subsection (a). of Transportation may conduct a study of— (B) by striking ‘‘$35,000,000’’ and inserting (1) the effectiveness of the amendments Subtitle C—Research and Development and ‘‘$70,000,000’’. made by this section; and Vehicle Electronics (b) EFFECTIVE DATE.—The amendments (2) other activities of rental companies (as SEC. 34301. REPORT ON OPERATIONS OF THE made by subsection (a) of this section take defined in section 30102(a)(11) of title 49, COUNCIL FOR VEHICLE ELEC- effect on the date that the Secretary cer- United States Code) related to their use and TRONICS, VEHICLE SOFTWARE, AND tifies to Congress that the National Highway EMERGING TECHNOLOGIES. disposition of motor vehicles that are the Traffic Safety Administration has issued the Not later than 1 year after the date of en- subject of a notification required under sec- final rule required by section 31203(b) of the actment of this Act, the Secretary shall sub- tion 30118 of title 49, United States Code. Moving Ahead for Progress In the 21st Cen- mit to the Committee on Commerce, (g) STUDY.— Science, and Transportation of the Senate (1) ADDITIONAL REQUIREMENT.—Section tury Act (Public Law 112-141; 126 Stat. 758; 49 32206(b)(2) of the Moving Ahead for Progress U.S.C. 30165 note). and the Committee on Energy and Commerce in the 21st Century Act (Public Law 112–141; (c) PUBLICATION OF EFFECTIVE DATE.—The of the House of Representatives a report re- 126 Stat. 785) is amended— Secretary shall publish notice of the effec- garding the operations of the Council for Ve- (A) in subparagraph (E), by striking ‘‘and’’ tive date under subsection (b) of this section hicle Electronics, Vehicle Software, and at the end; in the Federal Register. Emerging Technologies established under (B) by redesignating subparagraph (F) as SEC. 34211. ELECTRONIC ODOMETER DISCLO- section 31401 of the Moving Ahead for subparagraph (G); and SURES. Progress in the 21st Century Act (49 U.S.C. (C) by inserting after subparagraph (E) the Section 32705(g) is amended— 105 note). The report shall include informa- following: (1) by inserting ‘‘(1)’’ before ‘‘Not later tion about the accomplishments of the Coun- ‘‘(F) evaluate the completion of safety re- than’’ and indenting appropriately; and cil, the role of the Council in integrating and call remedies on rental trucks; and’’. (2) by adding at the end the following: aggregating electronic and emerging tech- (2) REPORT.—Section 32206(c) of such Act is ‘‘(2) Notwithstanding paragraph (1) and nologies expertise across the National High- amended— subject to paragraph (3), a State, without ap- way Traffic Safety Administration, the role

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.050 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5277 of the Council in coordinating with other emergency medical response in response to a miles per hour or 240 kilometers per hour; Federal agencies, and the priorities of the motor vehicle crash; or and Council over the next 5 years. (5) the data is retrieved for traffic safety ‘‘(B) passenger car tires with a maximum SEC. 34302. COOPERATION WITH FOREIGN GOV- research, and the personally identifiable in- speed capability greater than 149 miles per ERNMENTS. formation of an owner or a lessee of the vehi- hour or 240 kilometers per hour. (a) TITLE 49 AMENDMENT.—Section 30182(b) cle and the vehicle identification number is ‘‘(2) TIRE FUEL EFFICIENCY MINIMUM PER- is amended— not disclosed in connection with the re- FORMANCE STANDARDS.— (1) in paragraph (4), by striking ‘‘; and’’ and trieved data. ‘‘(A) STANDARD BASIS AND TEST PROCE- DURES.—The minimum performance stand- inserting a semicolon; SEC. 34403. VEHICLE EVENT DATA RECORDER (2) in paragraph (5), by striking the period STUDY. ards promulgated under paragraph (1) shall at the end and inserting ‘‘; and’’; and (a) IN GENERAL.—Not later than 1 year be expressed in terms of the rolling resist- (3) by inserting after paragraph (5) the fol- after the date of enactment of this Act, the ance coefficient measured using the test pro- lowing: Administrator of the National Highway Traf- cedure specified in section 575.106 of title 49, ‘‘(6) in coordination with Department of fic Safety Administration shall submit to Code of Federal Regulations (as in effect on State, enter into cooperative agreements and Congress a report that contains the results the date of enactment of this Act). ‘‘(B) NO DISPARATE EFFECT ON HIGH PER- collaborative research and development of a study conducted by the Administrator FORMANCE TIRES.—The Secretary shall en- agreements with foreign governments.’’. to determine the amount of time event data sure that the minimum performance stand- (b) TITLE 23 AMENDMENT.—Section 403 of recorders installed in passenger motor vehi- ards promulgated under paragraph (1) will title 23, United States Code, is amended— cles should capture and record for retrieval (1) in subsection (b)(2)(C), by inserting not have a disproportionate effect on pas- vehicle-related data in conjunction with an ‘‘foreign government (in coordination with senger car high performance tires with a event in order to provide sufficient informa- the Department of State)’’ after ‘‘institu- maximum speed capability greater than 149 tion to investigate the cause of motor vehi- tion,’’; and miles per hour or 240 kilometers per hour. cle crashes. (2) in subsection (c)(1)(A), by inserting ‘‘(C) APPLICABILITY.— (b) RULEMAKING.—Not later than 2 years ‘‘foreign governments,’’ after ‘‘local govern- ‘‘(i) IN GENERAL.—This subsection applies after submitting the report required under ments,’’. to new pneumatic tires for use on passenger subsection (a), the Administrator of the Na- (c) AUDIT.—The Department of Transpor- cars. tional Highway Traffic Safety Administra- tation Inspector General shall conduct an ‘‘(ii) EXCEPTIONS.—This subsection does tion shall promulgate regulations to estab- audit of the Secretary of Transportation’s not apply to light truck tires, deep tread lish the appropriate period during which management and oversight of cooperative tires, winter-type snow tires, spacesaver or event data recorders installed in passenger agreements and collaborative research and temporary use spare tires, or tires with motor vehicles may capture and record for development agreements, including any co- nominal rim diameters of 12 inches or less. retrieval vehicle-related data to the time ‘‘(c) PROMULGATION OF REGULATIONS FOR operative agreements between the Secretary necessary to provide accident investigators TIRE WET TRACTION MINIMUM PERFORMANCE of Transportation and foreign governments with vehicle-related information pertinent STANDARDS.— under section 30182(b)(6) of title 49, United to crashes involving such motor vehicles. ‘‘(1) IN GENERAL.—The Secretary shall pro- States Code, and subsections (b)(2)(C) and mulgate regulations for tire wet traction (c)(1)(A) of title 23, United States Code. PART II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015 minimum performance standards to ensure Subtitle D—Miscellaneous Provisions that passenger tire wet traction capability is PART I—DRIVER PRIVACY ACT OF 2015 SEC. 34421. SHORT TITLE. not reduced to achieve improved tire fuel ef- This part may be cited as the ‘‘Safety ficiency. SEC. 34401. SHORT TITLE. Through Informed Consumers Act of 2015’’. This part may be cited as the ‘‘Driver Pri- ‘‘(2) TIRE WET TRACTION MINIMUM PERFORM- SEC. 34422. PASSENGER MOTOR VEHICLE INFOR- vacy Act of 2015’’. ANCE STANDARDS.— MATION. ‘‘(A) BASIS OF STANDARD.—The minimum SEC. 34402. LIMITATIONS ON DATA RETRIEVAL Section 32302 is amended by inserting after performance standards promulgated under FROM VEHICLE EVENT DATA RE- subsection (b) the following: CORDERS. paragraph (1) shall be expressed in terms of ‘‘(c) CRASH AVOIDANCE.—Not later than 1 (a) OWNERSHIP OF DATA.—Any data re- peak coefficient of friction. year after the date of enactment of the Safe- tained by an event data recorder (as defined ‘‘(B) TEST PROCEDURES.—Any test proce- ty Through Informed Consumers Act of 2015, in section 563.5 of title 49, Code of Federal dure promulgated under this subsection shall the Secretary shall promulgate a rule to en- Regulations), regardless of when the motor be consistent with any test procedure pro- sure that crash avoidance information is in- vehicle in which it is installed was manufac- mulgated under subsection (a). dicated next to crashworthiness information tured, is the property of the owner, or, in the ‘‘(C) BENCHMARKING.—The Secretary shall on stickers placed on motor vehicles by their case of a leased vehicle, the lessee of the conduct testing to benchmark the wet trac- manufacturers.’’. motor vehicle in which the event data re- tion performance of tire models available for corder is installed. PART III—TIRE EFFICIENCY, SAFETY, AND sale in the United States as of the date of en- (b) PRIVACY.—Data recorded or trans- REGISTRATION ACT OF 2015 actment of this Act to ensure that the min- mitted by an event data recorder described SEC. 34431. SHORT TITLE. imum performance standards promulgated in subsection (a) may not be accessed by a This part may be cited as the ‘‘Tire Effi- under paragraph (1) are tailored to— ‘‘(i) tires sold in the United States; and person other than an owner or a lessee of the ciency, Safety, and Registration Act of 2015’’ ‘‘(ii) the needs of consumers in the United motor vehicle in which the event data re- or the ‘‘TESR Act’’. States. corder is installed unless— SEC. 34432. TIRE FUEL EFFICIENCY MINIMUM ‘‘(D) APPLICABILITY.— (1) a court or other judicial or administra- PERFORMANCE STANDARDS. ‘‘(i) IN GENERAL.—This subsection applies tive authority having jurisdiction— Section 32304A is amended— to new pneumatic tires for use on passenger (A) authorizes the retrieval of the data; (1) in the section heading, by inserting cars. and ‘‘AND STANDARDS’’ after ‘‘CONSUMER ‘‘(ii) EXCEPTIONS.—This subsection does (B) to the extent that there is retrieved TIRE INFORMATION’’; not apply to light truck tires, deep tread data, the data is subject to the standards for (2) in subsection (a)— tires, winter-type snow tires, spacesaver or admission into evidence required by that (A) in the heading, by striking ‘‘RULE- temporary use spare tires, or tires with court or other administrative authority; MAKING’’ and inserting ‘‘CONSUMER TIRE IN- nominal rim diameters of 12 inches or less. (2) an owner or a lessee of the motor vehi- FORMATION’’; and ‘‘(d) COORDINATION AMONG REGULATIONS.— cle provides written, electronic, or recorded (B) in paragraph (1), by inserting ‘‘(referred ‘‘(1) COMPATIBILITY.—The Secretary shall audio consent to the retrieval of the data for to in this section as the ‘Secretary’)’’ after ensure that the test procedures and require- any purpose, including the purpose of diag- ‘‘Secretary of Transportation’’; ments promulgated under subsections (a), nosing, servicing, or repairing the motor ve- (3) by redesignating subsections (b) (b), and (c) are compatible and consistent. hicle, or by agreeing to a subscription that through (e) as subsections (e) through (h), re- ‘‘(2) COMBINED EFFECT OF RULES.—The Sec- describes how data will be retrieved and spectively; and retary shall evaluate the regulations pro- used; (4) by inserting after subsection (a) the fol- mulgated under subsections (b) and (c) to en- (3) the data is retrieved pursuant to an in- lowing: sure that compliance with the minimum per- vestigation or inspection authorized under ‘‘(b) PROMULGATION OF REGULATIONS FOR formance standards promulgated under sub- section 1131(a) or 30166 of title 49, United TIRE FUEL EFFICIENCY MINIMUM PERFORM- section (b) will not diminish wet traction States Code, and the personally identifiable ANCE STANDARDS.— performance of affected tires. information of an owner or a lessee of the ve- ‘‘(1) IN GENERAL.—The Secretary, after con- ‘‘(3) RULEMAKING DEADLINES.—The Sec- hicle and the vehicle identification number sultation with the Secretary of Energy and retary shall promulgate— is not disclosed in connection with the re- the Administrator of the Environmental ‘‘(A) the regulations under subsections (b) trieved data, except that the vehicle identi- Protection Agency, shall promulgate regula- and (c) not later than 24 months after the fication number may be disclosed to the cer- tions for tire fuel efficiency minimum per- date of enactment of this Act; and tifying manufacturer; formance standards for— ‘‘(B) the regulations under subsection (c) (4) the data is retrieved for the purpose of ‘‘(A) passenger car tires with a maximum not later than the date of promulgation of determining the need for, or facilitating, speed capability equal to or less than 149 the regulations under subsection (b).’’.

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.050 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5278 CONGRESSIONAL RECORD — SENATE July 21, 2015 SEC. 34433. TIRE REGISTRATION BY INDE- Subtitle A—Authorization of Appropriations (2) For fiscal year 2017, $20,500,000. PENDENT SELLERS. SEC. 35101. AUTHORIZATION OF GRANTS TO AM- (3) For fiscal year 2018, $21,000,000. Section 30117(b) is amended by striking TRAK. (4) For fiscal year 2019, $21,500,000. paragraph (3) and inserting the following: (a) IN GENERAL.—There are authorized to SEC. 35105. NATIONAL COOPERATIVE RAIL RE- ‘‘(3) RULEMAKING.— be appropriated to the Secretary for the use SEARCH PROGRAM. ‘‘(A) IN GENERAL.—The Secretary shall ini- (a) IN GENERAL.—Section 24910 is amend- tiate a rulemaking to require a distributor of Amtrak for deposit into the accounts es- tablished under section 24319(a) of title 49, ed— or dealer of tires that is not owned or con- (1) in subsection (b)— United States Code, the following amounts: trolled by a manufacturer of tires to main- (A) in paragraph (12), by striking ‘‘and’’; tain records of— (1) For fiscal year 2016, $1,450,000,000. (B) in paragraph (13), by striking the pe- ‘‘(i) the name and address of tire pur- (2) For fiscal year 2017, $1,550,000,000. riod at the end and inserting ‘‘; and’’; and chasers and lessors and information identi- (3) For fiscal year 2018, $1,700,000,000. (C) by adding at the end the following: fying the tire that was purchased or leased; (4) For fiscal year 2019, $1,900,000,000. ‘‘(14) to improve the overall safety of inter- and (b) PROJECT MANAGEMENT OVERSIGHT.—The city passenger and freight rail operations.’’; ‘‘(ii) any additional records the Secretary Secretary may withhold up to one half of 1 and considers appropriate. percent of the amount appropriated under (2) by amending subsection (e) to read as ‘‘(B) ELECTRONIC TRANSMISSION.—The rule- subsection (a) for the costs of management follows: making carried out under subparagraph (A) oversight of Amtrak. ‘‘(e) ALLOCATION.—At least $5,000,000 of the shall require a distributor or dealer of tires (c) COMPETITION.—In administering grants amounts appropriated to the Secretary for a that is not owned or controlled by a manu- to Amtrak under section 24318 of title 49, fiscal year to carry out railroad research and facturer of tires to electronically transmit United States Code, the Secretary may with- development programs shall be available to the records described in clauses (i) and (ii) of hold, from amounts that would otherwise be carry out this section.’’. subparagraph (A) to the manufacturer of the made available to Amtrak, such sums as are Subtitle B—Amtrak Reform tires or the designee of the manufacturer by necessary from the amount appropriated secure means at no cost to tire purchasers or under subsection (a) of this section to cover SEC. 35201. AMTRAK GRANT PROCESS. lessors. the operating subsidy described in section (a) REQUIREMENTS AND PROCEDURES.— ‘‘(C) SATISFACTION OF REQUIREMENTS.—A 24711(b)(1)(E)(ii) of title 49, United States Chapter 243 is amended by adding at the end regulation promulgated under subparagraph Code. the following: (A) may be considered to satisfy the require- (d) STATE-SUPPORTED ROUTE COMMITTEE.— ‘‘§ 24317. Costs and revenues ments of paragraph (2)(B).’’. The Secretary may withhold up to $2,000,000 (a) ALLOCATION.—Not later than 180 days SEC. 34434. TIRE RECALL DATABASE. from the amount appropriated in each fiscal after the date of enactment of the Railroad (a) IN GENERAL.—The Secretary shall es- year under subsection (a) of this section for Reform, Enhancement, and Efficiency Act, tablish a publicly available and searchable the use of the State-Supported Route Com- Amtrak shall establish and maintain inter- electronic database of tire recall information mittee established under section 24712 of nal controls to ensure Amtrak’s costs, reve- that is reported to the Administrator of the title 49, United States Code. nues, and other compensation are appro- National Highway Traffic Safety Adminis- (e) NORTHEAST CORRIDOR COMMISSION.—The priately and proportionally allocated to its tration. Secretary may withhold up to $5,000,000 from Northeast Corridor train services or infra- (b) TIRE IDENTIFICATION NUMBER.—The the amount appropriated in each fiscal year structure, its State-supported routes, its database established under subsection (a) under subsection (a) of this section for the long-distance routes, and its other national shall be searchable by Tire Identification use of the Northeast Corridor Commission network activities. Number (TIN) and any other criteria that as- established under section 24905 of title 49, (b) RULE OF CONSTRUCTION.—Nothing in sists consumers in determining whether a United States Code. this section shall be construed to limit the tire is subject to a recall. SEC. 35102. NATIONAL INFRASTRUCTURE AND ability of Amtrak to enter into an agree- TITLE XXXV—RAILROAD REFORM, SAFETY INVESTMENTS. ment with 1 or more States to allocate oper- ENHANCEMENT, AND EFFICIENCY (a) IN GENERAL.—There are authorized to ating and capital costs under section 209 of SEC. 35001. SHORT TITLE. be appropriated to the Secretary for grants the Passenger Rail Investment and Improve- ‘‘This title may be cited as the ‘‘Railroad under chapter 244 of title 49, United States ment Act of 2008 (49 U.S.C. 24101 note). Reform, Enhancement, and Efficiency Act’’. Code, the following amounts: ‘‘§ 24318. Grant process SEC. 35002. PASSENGER TRANSPORTATION; DEFI- (1) For fiscal year 2016, $350,000,000. ‘‘(a) PROCEDURES FOR GRANT REQUESTS.— NITIONS. (2) For fiscal year 2017, $430,000,000. Not later than 90 days after the date of en- Section 24102 is amended— (3) For fiscal year 2018, $600,000,000. actment of the Railroad Reform, Enhance- (1) by redesignating paragraphs (5) through (4) For fiscal year 2019, $900,000,000. ment, and Efficiency Act, the Secretary of (9) as paragraphs (6) through (10), respec- (b) PROJECT MANAGEMENT OVERSIGHT.—The Transportation shall establish and transmit tively; Secretary may withhold up to 1 percent from to the Committee on Commerce, Science, (2) by inserting after paragraph (4), the fol- the amount appropriated under subsection and Transportation and the Committee on lowing: (a) of this section for the costs of project Appropriations of the Senate and the Com- ‘‘(5) ‘long-distance route’ means a route de- management oversight of grants carried out mittee on Transportation and Infrastructure scribed in paragraph (6)(C).’’; under chapter 244 of title 49, United States and the Committee on Appropriations of the (3) by amending paragraph (6)(A), as redes- Code. ignated, to read as follows: House of Representatives substantive and ‘‘(A) the Northeast Corridor main line be- SEC. 35103. AUTHORIZATION OF APPROPRIA- procedural requirements, including sched- tween Boston, Massachusetts and the Vir- TIONS FOR NATIONAL TRANSPOR- ules, for grant requests under this section. TATION SAFETY BOARD RAIL INVES- ‘‘(b) GRANT REQUESTS.—Amtrak shall ginia Avenue interlocking in the District of TIGATIONS. Columbia, and the facilities and services transmit grant requests for Federal funds ap- (a) IN GENERAL.—Notwithstanding any propriated to the Secretary of Transpor- used to operate and maintain that line;’’; other provision of law, there are authorized (4) in paragraph (7), as redesignated, by tation for the use of Amtrak to— to be appropriated to the National Transpor- striking the period at the end and inserting ‘‘(1) the Secretary; and tation Safety Board to carry out railroad ac- ‘‘, except that the term ‘Northeast Corridor’ ‘‘(2) the Committee on Commerce, Science, cident investigations under section for the purposes of chapter 243 means the and Transportation, the Committee on Ap- 1131(a)(1)(C) of title 49, United States Code, main line between Boston, Massachusetts propriations, and the Committee on the the following amounts: and the Virginia Avenue interlocking in the Budget of the Senate and the Committee on (1) For fiscal year 2016, $6,300,000. District of Columbia, and the facilities and Transportation and Infrastructure, the Com- (2) For fiscal year 2017, $6,400,000. services used to operate and maintain that mittee on Appropriations, and the Com- (3) For fiscal year 2018, $6,500,000. line.’’; and mittee on the Budget of the House of Rep- (5) by adding at the end the following: (4) For fiscal year 2019, $6,600,000. resentatives. ‘‘(11) ‘state-of-good-repair’ means a condi- (b) INVESTIGATION PERSONNEL.—Amounts ‘‘(c) CONTENTS.—A grant request under sub- tion in which physical assets, both individ- appropriated under subsection (a) of this sec- section (b) shall— ually and as a system, are— tion shall be available to the National Trans- ‘‘(1) describe projected operating and cap- ‘‘(A) performing at a level at least equal to portation Safety Board for personnel, in re- ital costs for the upcoming fiscal year for that called for in their as-built or as-modi- gional offices and in Washington, DC, whose Northeast Corridor train services and infra- fied design specification during any period duties involve railroad accident investiga- structure, Amtrak’s State-supported routes, when the life cycle cost of maintaining the tions. and Amtrak’s long-distance routes, and Am- assets is lower than the cost of replacing SEC. 35104. AUTHORIZATION OF APPROPRIA- trak’s other national network activities, as them; and TIONS FOR AMTRAK OFFICE OF IN- applicable, in comparison to prior fiscal year ‘‘(B) sustained through regular mainte- SPECTOR GENERAL. actual financial performance; nance and replacement programs. There are authorized to be appropriated to ‘‘(2) describe the capital projects to be ‘‘(12) ‘State-supported route’ means a route the Office of Inspector General of Amtrak funded, with cost estimates and an estimated described in paragraph (6)(B) or paragraph the following amounts: timetable for completion of the projects cov- (6)(D), or in section 24702(a).’’. (1) For fiscal year 2016, $20,000,000. ered by the request;

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.050 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5279 ‘‘(3) assess Amtrak’s financial condition; capital acquisitions and improvements may ‘‘(A) a portion of the grant funds appro- ‘‘(4) be displayed on Amtrak’s Web site be appropriated for a fiscal year before the priated under the authorization in section within a reasonable timeframe following its fiscal year in which the amounts will be obli- 35101(a) of the Railroad Reform, Enhance- transmission under subsection (b); and gated. ment, and Efficiency Act, or any subsequent ‘‘(5) describe how the funding requested in ‘‘(g) LIMITATIONS ON USE.—Amounts appro- Act appropriating funds for the use of Am- a grant will be allocated to the accounts es- priated to the Secretary for the use of Am- trak, as specified in a grant agreement en- tablished under section 24319(a), considering trak may not be used to cross-subsidize oper- tered into under section 24318; the projected operating losses or capital ating losses or capital costs of commuter rail ‘‘(B) any compensation received from costs for services and activities associated passenger or freight rail transportation. States provided to Amtrak under section 209 with such accounts over the time period in- ‘‘§ 24319. Accounts of the Passenger Rail Investment and Im- tended to be covered by the grants. ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—Begin- provement Act of 2008 (42 U.S.C. 24101 note); ‘‘(d) REVIEW AND APPROVAL.— ning not later than October 1, 2016, Amtrak, and ‘‘(1) THIRTY-DAY APPROVAL PROCESS.— in consultation with the Secretary of Trans- ‘‘(C) any operating surplus from its State- ‘‘(A) IN GENERAL.—Not later than 30 days portation, shall define and establish— supported routes, as allocated under section after the date that Amtrak submits a grant ‘‘(1) a Northeast Corridor investment ac- 24317. request under this section, the Secretary of count, including subaccounts for Amtrak ‘‘(2) USE OF STATE-SUPPORTED ACCOUNT.— Transportation shall complete a review of train services and infrastructure; Except as provided in subsection (f), amounts the request and provide notice to Amtrak ‘‘(2) a State-supported account; deposited in the State-supported account that— ‘‘(3) a long-distance account; and shall be made available for the use of Am- ‘‘(i) the request is approved; or ‘‘(4) another national network activities trak for capital expenses and operating ‘‘(ii) the request is disapproved, including account. costs, including indirect, common, cor- the reason for the disapproval and an expla- ‘‘(b) NORTHEAST CORRIDOR INVESTMENT AC- porate, or other costs directly incurred by or nation of any incomplete or deficient items. COUNT.— allocated to State-supported routes, of its ‘‘(B) GRANT AGREEMENT.—If a grant request ‘‘(1) DEPOSITS.—Amtrak shall deposit in State-supported routes and retirement of is approved, the Secretary shall enter into a the Northeast Corridor investment account principal and payment of interest on loans or grant agreement with Amtrak that allocates established under subsection (a)(1)— capital leases attributable to its State-sup- the grant funding to 1 of the 4 accounts es- ‘‘(A) a portion of the grant funds appro- ported routes. tablished under section 24319(a). priated under the authorization in section ‘‘(d) LONG-DISTANCE ACCOUNT.— ‘‘(2) FIFTEEN-DAY MODIFICATION PERIOD.— 35101(a) of the Railroad Reform, Enhance- ‘‘(1) DEPOSITS.—Amtrak shall deposit in Not later than 15 days after the date of the ment, and Efficiency Act, or any subsequent the long-distance account established under notice under paragraph (1)(A)(ii), Amtrak Act appropriating funds for the use of Am- subsection (a)(3)— shall submit a modified request for the Sec- trak, as specified in a grant agreement en- ‘‘(A) a portion of the grant funds appro- retary’s review. tered into under section 24318; priated under the authorization in section ‘‘(3) MODIFIED REQUESTS.—Not later than 15 ‘‘(B) any compensation received from com- 35101(a) of the Railroad Reform, Enhance- days after the date that Amtrak submits a muter rail passenger transportation pro- ment, and Efficiency Act, or any subsequent modified request under paragraph (2), the viders for such providers’ share of capital Act appropriating funds for the use of Am- Secretary shall either approve the modified costs on the Northeast Corridor provided to trak, as specified in a grant agreement en- request, or, if the Secretary finds that the Amtrak under section 24905(c); tered into under section 24318; request is still incomplete or deficient, the ‘‘(C) any operating surplus of the North- ‘‘(B) any compensation received from Secretary shall identify in writing to the east Corridor train services or infrastruc- States provided to Amtrak for costs associ- Committee on Commerce, Science, and ture, as allocated under section 24317; and ated with its long-distance routes; and Transportation, the Committee on Appro- ‘‘(D) any other net revenue received in as- ‘‘(C) any operating surplus from its long- priations, and the Committee on the Budget sociation with the Northeast Corridor, in- distance routes, as allocated under section of the Senate and the Committee on Trans- cluding freight access fees, electric propul- 24317. sion, and commercial development. portation and Infrastructure, the Committee ‘‘(2) USE OF LONG-DISTANCE ACCOUNT.—Ex- ‘‘(2) USE OF NORTHEAST CORRIDOR INVEST- on Appropriations, and the Committee on cept as provided in subsection (f), amounts MENT ACCOUNT.—Except as provided in sub- the Budget of the House of Representatives deposited in the long-distance account shall section (f), amounts deposited in the North- the remaining deficiencies and recommend a be made available for the use of Amtrak for east Corridor investment account shall be process for resolving the outstanding por- capital expenses and operating costs, includ- made available for the use of Amtrak for its tions of the request. ing indirect, common, corporate, or other share of— ‘‘(e) PAYMENTS TO AMTRAK.— costs directly incurred by or allocated to ‘‘(A) capital projects described in section ‘‘(1) IN GENERAL.—A grant agreement en- long-distance routes, of its long-distance 24904(a)(2)(E)(i), and developed under the tered into under subsection (d) shall specify routes and retirement of principal and pay- planning process established under that sec- the operations, services, and other activities ment of interest on loans or capital leases tion, to bring Northeast Corridor infrastruc- to be funded by the grant. The grant agree- attributable to the long-distance routes. ture to a state-of-good-repair; THER NATIONAL NETWORK ACTIVITIES ment shall include provisions, consistent ‘‘(B) capital projects described in clauses ‘‘(e) O ACCOUNT.— with the requirements of this chapter, to (ii) and (iv) of section 24904(a)(2)(E) that are ‘‘(1) DEPOSITS.—Amtrak shall deposit in measure Amtrak’s performance and ensure developed under the planning process estab- the other national network activities ac- accountability in delivering the operations, lished under that section intended to in- count established under subsection (a)(4)— services, or activities to be funded by the crease corridor capacity, improve service re- ‘‘(A) a portion of the grant funds appro- grant. liability, and reduce travel time on the ‘‘(2) SCHEDULE.—Except as provided in priated under the authorization in section Northeast Corridor; paragraph (3), in each fiscal year for which ‘‘(C) capital projects to improve safety and 35101(a) of the Railroad Reform, Enhance- amounts are appropriated to the Secretary security; ment, and Efficiency Act, or any subsequent for the use of Amtrak, and for which the Sec- ‘‘(D) capital projects to improve customer Act appropriating funds for the use of Am- retary and Amtrak have entered into a grant service and amenities; trak, as specified in a grant agreement en- agreement under subsection (d), the Sec- ‘‘(E) acquiring, rehabilitating, manufac- tered into under section 24318; retary shall disburse grant funds to Amtrak turing, remanufacturing, overhauling, or im- ‘‘(B) any compensation received from on the following schedule: proving equipment and associated facilities States provided to Amtrak for costs associ- ‘‘(A) 50 percent on October 1. used for intercity rail passenger transpor- ated with its other national network activi- ‘‘(B) 25 percent on January 1. tation by Northeast Corridor train services; ties; and ‘‘(C) 25 percent on April 1. ‘‘(F) retirement of principal and payment ‘‘(C) any operating surplus from its other (3) EXCEPTIONS.—The Secretary may make of interest on loans for capital projects de- national network activities. a payment to Amtrak of appropriated scribed in this paragraph or for capital leases ‘‘(2) USE OF OTHER NATIONAL NETWORK AC- funds— for equipment and related to the Northeast TIVITIES ACCOUNT.—Except as provided in ‘‘(A) more frequently than the schedule Corridor; subsection (f), amounts deposited into the under paragraph (2) if Amtrak, for good ‘‘(G) participation in public-private part- other national network activities account cause, requests more frequent payment be- nerships, joint ventures, and other mecha- shall be made available for the use of Am- fore the end of a payment period; or nisms or arrangements that result in the trak for capital and operating costs not allo- ‘‘(B) with a different frequency or in dif- completion of capital projects described in cated to the Northeast Corridor investment ferent percentage allocations in the event of this paragraph; and account, State-supported account, or long- a continuing resolution or in the absence of ‘‘(H) indirect, common, corporate, or other distance account, and retirement of prin- an appropriations Act for the duration of a costs directly incurred by or allocated to the cipal and payment of interest on loans or fiscal year. Northeast Corridor. capital leases attributable to other national ‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY ‘‘(c) STATE-SUPPORTED ACCOUNT.— network activities. APPROPRIATIONS.—Amounts appropriated to ‘‘(1) DEPOSITS.—Amtrak shall deposit in ‘‘(f) TRANSFER AUTHORITY.— the Secretary for the use of Amtrak shall re- the State-supported account established ‘‘(1) AUTHORITY.—Amtrak may transfer any main available until expended. Amounts for under subsection (a)(2)— funds appropriated under the authorization

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5280 CONGRESSIONAL RECORD — SENATE July 21, 2015 in section 35101(a) of the Railroad Reform, ernment, and is subject to the availability of ‘‘(iii) governmental funding sources, in- Enhancement, and Efficiency Act, or any appropriations under Federal law and to Fed- cluding revenues and other funding received subsequent Act appropriating funds for the eral laws in force or enacted after the date of from States; use of Amtrak for deposit into the accounts the contingent commitment.’’. ‘‘(C) projected ridership levels for all pas- described in that section, or any surplus gen- (b) CONFORMING AMENDMENTS.—The table senger operations; erated by operations, between the Northeast of contents for chapter 243 is amended by ‘‘(D) estimates of long-term and short-term Corridor, State-supported, long-distance, and adding at the end the following: debt and associated principal and interest other national network activities accounts— ‘‘24317. Costs and revenues. payments (both current and forecasts); ‘‘(A) upon the expiration of 10 days after ‘‘24318. Grant process. ‘‘(E) annual profit and loss statements and the date that Amtrak notifies the Amtrak ‘‘24319. Accounts.’’. forecasts and balance sheets; Board of Directors, including the Secretary, (c) REPEALS.— ‘‘(F) annual cash flow forecasts; ‘‘(G) a statement describing the meth- of the planned transfer; and (1) ESTABLISHMENT OF GRANT PROCESS.— odologies and significant assumptions under- ‘‘(B) with the approval of the Secretary. Section 206 of the Passenger Rail Investment lying estimates and forecasts; ‘‘(2) REPORT.—Not later than 5 days after and Improvement Act of 2008 (49 U.S.C. 24101 ‘‘(H) specific performance measures that the date that Amtrak notifies the Amtrak note) and the item relating to that section in demonstrate year over year changes in the Board of Directors of a planned transfer the table of contents of that Act are re- pealed. results of Amtrak’s operations; under paragraph (1), Amtrak shall transmit ‘‘(I) financial performance for each route to the Committee on Commerce, Science, (2) AUTHORIZATION OF APPROPRIATIONS.— Section 24104 and the item relating to that within each business line, including descrip- and Transportation and the Committee on tions of the cash operating loss or contribu- Appropriations of the Senate and the Com- section in the table of contents of chapter 241 are repealed. tion and labor productivity for each route; mittee on Transportation and Infrastructure ‘‘(J) specific costs and savings estimates and the Committee on Appropriations of the SEC. 35202. 5-YEAR BUSINESS LINE AND ASSETS resulting from reform initiatives; House of Representatives a report that in- PLANS. ‘‘(K) prior fiscal year and projected equip- cludes— (a) AMTRAK 5-YEAR BUSINESS LINE AND ment reliability statistics; and ‘‘(A) the amount of the transfer; and ASSET PLANS.—Chapter 243, as amended by ‘‘(L) an identification and explanation of ‘‘(B) a detailed explanation of the reason section 35201 of this Act, is further amended any major adjustments made from pre- for the transfer, including— by inserting after section 24319 the following: viously approved plans. ‘‘(i) the effects on Amtrak services funded ‘‘§ 24320. Amtrak 5-year business line and ‘‘(3) 5-YEAR BUSINESS LINE PLANS PROCESS.— by the account from which the transfer is asset plans In meeting the requirements of this section, drawn, in comparison to a scenario in which ‘‘(a) IN GENERAL.— Amtrak shall— no transfer was made; and ‘‘(1) FINAL PLANS.—Not later than Feb- ‘‘(A) coordinate the development of the ‘‘(ii) the effects on Amtrak services funded ruary 15 of each year, Amtrak shall submit business line plans with the Secretary; by the account receiving the transfer, in to Congress and the Secretary final 5-year ‘‘(B) for the Northeast Corridor business comparison to a scenario in which no trans- business line plans and 5-year asset plans line plan, coordinate with the Northeast Cor- fer was made. prepared in accordance with this section. ridor Commission and transmit to the Com- ‘‘(3) NOTIFICATIONS.— These final plans shall form the basis for mission the final plan under subsection ‘‘(A) STATE-SUPPORTED ACCOUNT.—Not later Amtrak’s general and legislative annual re- (a)(1), and consult with other entities, as ap- than 5 days after the date that Amtrak noti- port to the President and Congress required propriate; ‘‘(C) for the State-supported route business fies the Amtrak Board of Directors of a by section 24315(b). line plan, coordinate with the State-Sup- planned transfer under paragraph (1) of funds ‘‘(2) FISCAL CONSTRAINT.—Each plan pre- ported Route Committee established under to or from the State-supported account, Am- pared under this section shall be based on section 24712; trak shall transmit to each State that spon- funding levels authorized or otherwise avail- ‘‘(D) for the long-distance route business sors a State-supported route a letter that in- able to Amtrak in a fiscal year. In the ab- line plan, coordinate with any States or cludes the information described under sub- sence of an authorization or appropriation of Interstate Compacts that provide funding for paragraphs (A) and (B) of paragraph (2). funds for a fiscal year, the plans shall be ‘‘(B) NORTHEAST CORRIDOR ACCOUNT.—Not such routes, as appropriate; based on the amount of funding available in ‘‘(E) ensure that Amtrak’s annual budget later than 5 days after the date that Amtrak the previous fiscal year, plus inflation. Am- notifies the Amtrak Board of Directors of a request to Congress is consistent with the in- trak may include an appendix to the asset formation in the 5-year business line plans; planned transfer under paragraph (1) of funds plan required in subsection (c) that describes to or from the Northeast Corridor account, and any capital funding requirements in excess ‘‘(F) identify the appropriate Amtrak offi- Amtrak shall transmit to the Northeast Cor- of amounts authorized or otherwise available cials that are responsible for each business ridor Commission a letter that includes the to Amtrak in a fiscal year for capital invest- line. information described under subparagraphs ment. ‘‘(4) STANDARDS TO PROMOTE FINANCIAL STA- (A) and (B) of paragraph (2). ‘‘(b) AMTRAK 5-YEAR BUSINESS LINE BILITY.—In meeting the requirements under ‘‘(g) ENFORCEMENT.—The Secretary shall PLANS.— this subsection, Amtrak shall use the cat- enforce the provisions of each grant agree- ‘‘(1) AMTRAK BUSINESS LINES.—Amtrak egories specified in the financial accounting ment under section 24318(d), including any shall prepare a 5-year business line plan for and reporting system developed under sec- deposit into an account under this section. each of the following business lines and serv- tion 203 of the Passenger Rail Investment ‘‘(h) LETTERS OF INTENT.— ices: and Improvement Act of 2008 (49 U.S.C. 24101 ‘‘(1) REQUIREMENT.—The Secretary may ‘‘(A) Northeast Corridor train services. note) when preparing its 5-year business line issue a letter of intent to Amtrak announc- ‘‘(B) State-supported routes operated by ing an intention to obligate, for a major cap- plans. Amtrak. ‘‘(c) AMTRAK 5-YEAR ASSET PLANS.— ital project described in clauses (ii) and (iv) ‘‘(C) Long-distance routes operated by Am- ‘‘(1) ASSET CATEGORIES.—Amtrak shall pre- of section 24904(a)(2)(E), an amount from fu- trak. pare a 5-year asset plan for each of the fol- ture available budget authority specified in ‘‘(D) Ancillary services operated by Am- lowing asset categories: law that is not more than the amount stipu- trak, including commuter operations and ‘‘(A) Infrastructure, including all Amtrak- lated as the financial participation of the other revenue generating activities as deter- controlled Northeast Corridor assets and Secretary in the project. mined by the Secretary in consultation with other Amtrak-owned infrastructure, and the ‘‘(2) NOTICE TO CONGRESS.—At least 30 days Amtrak. associated facilities that support the oper- before issuing a letter under paragraph (1), ‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE ation, maintenance, and improvement of the Secretary shall notify in writing the PLANS.—The 5-year business line plan for those assets. Committee on Commerce, Science, and each business line shall include, at a min- ‘‘(B) Passenger rail equipment, including Transportation and the Committee on Ap- imum— all Amtrak-controlled rolling stock, loco- propriations of the Senate and the Com- ‘‘(A) a statement of Amtrak’s vision, goals, motives, and mechanical shop facilities that mittee on Transportation and Infrastructure and service plan for the business line, coordi- are used to overhaul equipment. and the Committee on Appropriations of the nated with any entities that are contrib- ‘‘(C) Stations, including all Amtrak-con- House of Representatives of the proposed let- uting capital or operating funding to support trolled passenger rail stations and elements ter. The Secretary shall include with the no- passenger rail services within those business of other stations for which Amtrak has legal tice a copy of the proposed letter, the cri- lines, and aligned with Amtrak’s Strategic responsibility or intends to make capital in- teria used for selecting the project for a Plan and 5-year asset plans under subsection vestments. grant award, and a description of how the (c); ‘‘(D) National assets, including national project meets the criteria under this section. ‘‘(B) all projected revenues and expendi- reservations, security, training and training ‘‘(3) CONTINGENT NATURE OF OBLIGATION OR tures for the business line, including identi- centers, and other assets associated with COMMITMENT.—An obligation or administra- fication of revenues and expenditures in- Amtrak’s national passenger rail transpor- tive commitment may be made only when curred by— tation system. amounts are appropriated. The letter of in- ‘‘(i) passenger operations; ‘‘(2) CONTENTS OF 5-YEAR ASSET PLANS.— tent shall state that the contingent commit- ‘‘(ii) non-passenger operations that are di- Each asset plan shall include, at a min- ment is not an obligation of the Federal Gov- rectly related to the business line; and imum—

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The rules and procedures ‘‘(i) categorizes each capital project as section 35201 of this Act, is further amended shall— being primarily associated with— by adding at the end the following: ‘‘(A) incorporate and further describe the ‘‘(I) normalized capital replacement; ‘‘24320. Amtrak 5-year business line and asset decisionmaking procedures to be used in ac- ‘‘(II) backlog capital replacement; plans.’’. cordance with paragraph (3); and ‘‘(III) improvements to support service en- (d) REPEAL OF 5-YEAR FINANCIAL PLAN.— ‘‘(B) be adopted in accordance with such hancements or growth; Section 204 of the Passenger Rail Investment decisionmaking procedures. ‘‘(IV) strategic initiatives that will im- and Improvement Act of 2008 (49 U.S.C. 24101 ‘‘(5) COMMITTEE DECISIONS.—Decisions made prove overall operational performance, lower note), and the item relating to that section by the Committee in accordance with the costs, or otherwise improve Amtrak’s cor- in the table of contents of that Act, are re- Committee’s rules and procedures, once es- porate efficiency; or pealed. tablished, are binding on all Committee ‘‘(V) statutory, regulatory, or other legal (e) IDENTIFICATION OF DUPLICATIVE REPORT- members. mandates; ING REQUIREMENTS.—Not later than 1 year ‘‘(6) COST ALLOCATION METHODOLOGY.— ‘‘(ii) identifies each project or program after the date of enactment of this Act, the ‘‘(A) IN GENERAL.—Subject to subpara- that is associated with more than 1 category Secretary shall— graph (B), the Committee may amend the described in clause (i); and (1) review existing Amtrak reporting re- cost allocation methodology required and ‘‘(iii) describes the anticipated business quirements and identify where the existing previously approved under section 209 of the outcome of each project or program identi- requirements are duplicative with the busi- Passenger Rail Investment and Improvement fied under this subparagraph, including an ness line and capital plans required by sec- Act of 2008 (49 U.S.C. 24101 note). assessment of— tion 24320 of title 49, United States Code; ‘‘(B) PROCEDURES FOR CHANGING METHOD- ‘‘(I) the potential effect on passenger oper- (2) if the duplicative reporting require- OLOGY.—The rules and procedures imple- ations, safety, reliability, and resilience; ments are administrative, the Secretary mented under paragraph (4) shall include ‘‘(II) the potential effect on Amtrak’s abil- shall eliminate the duplicative require- procedures for changing the cost allocation ity to meet regulatory requirements if the ments; and methodology. project or program is not funded; and (3) submit to Congress a report with any ‘‘(C) REQUIREMENTS.—The cost allocation ‘‘(III) the benefits and costs; and recommendations for repealing any other du- methodology shall— ‘‘(D) annual profit and loss statements and plicative Amtrak reporting requirements. ‘‘(i) ensure equal treatment in the provi- forecasts and balance sheets for each asset sion of like services of all States and groups SEC. 35203. STATE-SUPPORTED ROUTE COM- category. MITTEE. of States; and ‘‘(3) 5-YEAR ASSET PLAN PROCESS.—In meet- ‘‘(ii) allocate to each route the costs in- (a) AMENDMENT.—Chapter 247 is amended ing the requirements of this subsection, Am- by adding at the end the following: curred only for the benefit of that route and trak shall— a proportionate share, based upon factors ‘‘(A) coordinate with each business line de ‘‘§ 24712. State-supported routes operated by that reasonably reflect relative use, of costs scribed in subsection (b)(1) in the prepara- Amtrak incurred for the common benefit of more tion of each 5-year asset plan and ensure in- ‘‘(a) STATE-SUPPORTED ROUTE COM- than 1 route. tegration of each 5-year asset plan with the MITTEE.— ‘‘(b) INVOICES AND REPORTS.—Not later 5-year business line plans; ‘‘(1) ESTABLISHMENT.—Not later than 180 than February 15, 2016, and monthly there- ‘‘(B) as applicable, coordinate with the days after the date of enactment of the Rail- after, Amtrak shall provide to each State Northeast Corridor Commission, the State- road Reform, Enhancement, and Efficiency that sponsors a State-supported route a Supported Route Committee, and owners of Act, the Secretary of Transportation shall monthly invoice of the cost of operating assets affected by 5-year asset plans; and establish the State-Supported Route Com- such route, including fixed costs and third- ‘‘(C) identify the appropriate Amtrak offi- mittee (referred to in this section as the party costs. The Committee shall determine cials that are responsible for each asset cat- ‘Committee’) to promote mutual cooperation the frequency and contents of the financial egory. and planning pertaining to the rail oper- and performance reports that Amtrak shall ‘‘(4) EVALUATION OF NATIONAL ASSETS ations of Amtrak and related activities of provide to the States, as well as the planning COSTS.—The Secretary shall— trains operated by Amtrak on State-sup- and demand reports that the States shall ‘‘(A) evaluate the costs and scope of all na- ported routes and to further implement sec- provide to Amtrak. tional assets; and tion 209 of the Passenger Rail Investment ‘‘(c) DISPUTE RESOLUTION.— ‘‘(B) determine the activities and costs and Improvement Act of 2008 (49 U.S.C. 24101 ‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If that are— note). a dispute arises with respect to the rules and ‘‘(i) required in order to ensure the effi- ‘‘(2) MEMBERSHIP.— procedures implemented under subsection cient operations of a national passenger rail ‘‘(A) IN GENERAL.—The Committee shall (a)(4), an invoice or a report provided under system; consist of— subsection (b), implementation or compli- ‘‘(ii) appropriate for allocation to of the ‘‘(i) members representing Amtrak; ance with the cost allocation methodology other Amtrak business lines; and ‘‘(ii) members representing the Depart- developed under section 209 of the Passenger ‘‘(iii) extraneous to providing an efficient ment of Transportation, including the Fed- Rail Investment and Improvement Act of national passenger rail system or are too eral Railroad Administration; and 2008 (49 U.S.C. 24101 note) or amended under costly relative to the benefits or perform- ‘‘(iii) members representing States. subsection (a)(6) of this section, either Am- ance outcomes they provide. ‘‘(B) NON-VOTING MEMBERS.—The Com- trak or the State may request that the Sur- ‘‘(5) DEFINITION OF NATIONAL ASSETS.—In mittee may invite and accept other non-vot- face Transportation Board conduct dispute this section, the term ‘national assets’ ing members to participate in Committee ac- resolution under this subsection. means the Nation’s core rail assets shared tivities, as appropriate. ‘‘(2) PROCEDURES.—The Surface Transpor- among Amtrak services, including national ‘‘(3) DECISIONMAKING.—The Committee tation Board shall establish procedures for reservations, security, training and training shall establish a bloc voting system under resolution of disputes brought before it centers, and other assets associated with which, at a minimum— under this subsection, which may include Amtrak’s national passenger rail transpor- ‘‘(A) there are separate voting blocs to rep- provision of professional mediation services. tation system. resent the Committee’s voting members, in- ‘‘(3) BINDING EFFECT.—A decision of the ‘‘(6) RESTRUCTURING OF NATIONAL ASSETS.— cluding— Surface Transportation Board under this Not later than 1 year after the date of com- ‘‘(i) 1 voting bloc to represent the members subsection shall be binding on the parties to pletion of the evaluation under paragraph described in paragraph (2)(A)(i); the dispute. (4), the Administrator of the Federal Rail- ‘‘(ii) 1 voting bloc to represent the mem- ‘‘(4) OBLIGATION.—Nothing in this sub- road Administration, in consultation with bers described in paragraph (2)(A)(ii); and section shall affect the obligation of a State the Amtrak Board of Directors, the gov- ‘‘(iii) 1 voting bloc to represent the mem- to pay an amount not in dispute. ernors of each relevant State, and the Mayor bers described in paragraph (2)(A)(iii); ‘‘(d) ASSISTANCE.— of the District of Columbia, or their des- ‘‘(B) each voting bloc has 1 vote; ‘‘(1) IN GENERAL.—The Secretary may pro- ignees, shall restructure or reallocate, or ‘‘(C) the vote of the voting bloc rep- vide assistance to the parties in the course of both, the national assets costs in accordance resenting the members described in para- negotiations for a contract for operation of a with the determination under that section, graph (2)(A)(iii) requires the support of at State-supported route.

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‘‘(2) FINANCIAL ASSISTANCE.—From among ‘‘(b) CONSIDERATIONS.—Amtrak shall re- and to publish in the Federal Register a no- available funds, the Secretary shall— quire the ‘‘independent entity, in developing tice of receipt not later than 30 days after ‘‘(A) provide financial assistance to Am- the methodologies described in subsection the date of receipt; and trak or 1 or more States to perform re- (a), to consider— ‘‘(ii) establish a deadline, of not more than quested independent technical analysis of ‘‘(1) the current and expected performance 120 days after the notice of receipt is pub- issues before the Committee; and and service quality of intercity rail pas- lished in the Federal Register under clause ‘‘(B) reimburse Members for travel ex- senger transportation operations, including (i), by which both the petitioner and Am- penses, including per diem in lieu of subsist- cost recovery, on-time performance, rider- trak, if Amtrak chooses to do so, would be ence, in accordance with section 5703 of title ship, on-board services, stations, facilities, required to submit a complete bid to provide 5. equipment, and other services; intercity rail passenger transportation over ‘‘(e) PERFORMANCE METRICS.—In negoti- ‘‘(2) the connectivity of a route with other the applicable route; ating a contract for operation of a State-sup- routes; ‘‘(C) require that each bid— ported route, Amtrak and the State or ‘‘(3) the transportation needs of commu- ‘‘(i) describe the capital needs, financial States that sponsor the route shall consider nities and populations that are not well projections, and operational plans, including including provisions that provide penalties served by intercity rail passenger transpor- staffing plans, for the service, and such other and incentives for performance. tation service or by other forms of intercity factors as the Secretary considers appro- ‘‘(f) STATEMENT OF GOALS AND OBJEC- transportation; priate; and TIVES.— ‘‘(4) the methodologies of Amtrak and ‘‘(ii) be made available by the winning bid- ‘‘(1) IN GENERAL.—The Committee shall de- major intercity rail passenger transpor- der to the public after the bid award; velop a statement of goals, objectives, and tation service providers in other countries ‘‘(D) for a route that receives funding from associated recommendations concerning the for determining intercity passenger rail a State or States, require that for each bid future of State supported routes operated by routes and services; received from a party described in paragraph Amtrak. The statement shall identify the ‘‘(5) the financial and operational effects (2), other than a State, the Secretary have roles and responsibilities of Committee on the overall network, including the effects the concurrence of the State or States that members and any other relevant entities, on indirect costs; provide funding for that route; ‘‘(6) the views of States and the rec- such as host railroads, in meeting the identi- ‘‘(E) for a winning bidder that is not or ommendations described in State rail plans, fied goals and objectives, or carrying out the does not include Amtrak, require the Sec- rail carriers that own infrastructure over recommendations. The Committee may con- retary to execute a contract not later than which Amtrak operates, Interstate Compacts sult with such relevant entities, as the Com- 270 days after the deadline established under established by Congress and States, Amtrak mittee considers appropriate, when devel- subparagraph (B)(ii) and award to the win- employee representatives, stakeholder orga- oping the statement. ning bidder— nizations, and other interested parties; and ‘‘(2) TRANSMISSION OF STATEMENT OF GOALS ‘‘(i) subject to paragraphs (3) and (4), the ‘‘(7) the funding levels that will be avail- right and obligation to provide intercity rail AND OBJECTIVES.—Not later than 2 years able under authorization levels that have after the date of enactment of the Railroad passenger transportation over that route been enacted into law. subject to such performance standards as the Reform, Enhancement, and Efficiency Act ‘‘(c) RECOMMENDATIONS.—Not later than 1 the Committee shall transmit the statement Secretary may require; and year after the date of enactment of the Rail- ‘‘(ii) an operating subsidy, as determined developed under paragraph (1) to the Com- road Reform, Enhancement, and Efficiency mittee on Commerce, Science, and Transpor- by the Secretary, for— Act, Amtrak shall transmit to the Com- ‘‘(I) the first year at a level that does not tation of the Senate and the Committee on mittee on Commerce, Science, and Transpor- exceed 90 percent of the level in effect for Transportation and Infrastructure of the tation of the Senate and the Committee on that specific route during the fiscal year pre- House of Representatives. Transportation and Infrastructure of the ceding the fiscal year in which the petition ‘‘(g) RULE OF CONSTRUCTION.—The decisions House of Representatives recommendations was received, adjusted for inflation; and of the Committee— developed by the independent entity under ‘‘(II) any subsequent years at the level cal- ‘‘(1) shall pertain to the rail operations of subsection (a). culated under subclause (I), adjusted for in- Amtrak and related activities of trains oper- ‘‘(d) CONSIDERATION OF RECOMMENDA- flation; and ated by Amtrak on State-sponsored routes; TIONS.—Not later than 90 days after the date ‘‘(F) for a winning bidder that is or in- and the recommendations are transmitted under cludes Amtrak, award to that bidder an oper- ‘‘(2) shall not pertain to the rail operations subsection (c), Amtrak shall consider the ating subsidy, as determined by the Sec- or related activities of services operated by adoption of each recommendation and trans- retary, over the applicable route that will other rail passenger carriers on State-sup- mit to the Committee on Commerce, not change during the fiscal year in which ported routes. Science, and Transportation of the Senate the bid was submitted solely as a result of ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.— and the Committee on Transportation and the winning bid. The Federal Advisory Committee Act (5 Infrastructure of the House of Representa- ‘‘(2) ELIGIBLE PETITIONERS.—The following U.S.C. App.) shall not apply to the Com- tives a report explaining the reasons for parties are eligible to submit petitions under mittee. adopting or not adopting each recommenda- paragraph (1): ‘‘(i) DEFINITION OF STATE.—In this section, tion.’’. ‘‘(A) A rail carrier or rail carriers that own the term ‘State’ means any of the 50 States, SEC. 35205. COMPETITION. the infrastructure over which Amtrak oper- the District of Columbia, or a public entity (a) ALTERNATE PASSENGER RAIL SERVICE ates a long-distance route. that sponsor the operation of trains by Am- PILOT PROGRAM.—Section 24711 is amended ‘‘(B) A rail passenger carrier with a writ- trak on a State-supported route.’’. to read as follows: ten agreement with the rail carrier or rail (b) TECHNICAL AND CONFORMING AMEND- ‘‘§ 24711. Alternate passenger rail service carriers that own the infrastructure over MENTS.—The table of contents for chapter 247 pilot program which Amtrak operates a long-distance route is amended by adding at the end the fol- and that host or would host the intercity rail lowing: ‘‘(a) IN GENERAL—Not later than 18 months after the date of enactment of the Railroad passenger transportation. ‘‘24712. State-supported routes operated by ‘‘(C) A State, group of States, or State-sup- Amtrak.’’. Reform, Enhancement, and Efficiency Act, the Secretary of Transportation shall pro- ported joint powers authority or other sub- SEC. 35204. ROUTE AND SERVICE PLANNING DE- mulgate a rule to implement a pilot program State governance entity responsible for pro- CISIONS. for competitive selection of rail carriers for vision of intercity rail passenger transpor- Section 208 of the Passenger Rail Invest- long-distance routes (as defined in section tation with a written agreement with the ment and Improvement Act of 2008 (49 U.S.C. 24102). rail carrier or rail carriers that own the in- 24101 note) is amended to read as follows: ‘‘(b) PILOT PROGRAM REQUIREMENTS.— frastructure over which Amtrak operates a ‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE ‘‘(1) IN GENERAL—The pilot program shall— long-distance route and that host or would AND SERVICE PLANNING DECISIONS. ‘‘(A) allow a party described in paragraph host the intercity rail passenger transpor- ‘‘(a) METHODOLOGY DEVELOPMENT.—Not (2) to petition the Secretary to provide inter- tation. later than 180 days after the date of enact- city rail passenger transportation over a ‘‘(D) A State, group of States, or State- ment of the Railroad Reform, Enhancement, long-distance route in lieu of Amtrak for an supported joint powers authority or other and Efficiency Act, as a condition of receiv- operations period of years from the date of sub-State governance entity responsible for ing a grant under section 101 of that Act, commencement of service by the winning provision of intercity rail passenger trans- Amtrak shall obtain the services of an inde- bidder and, at the option of the Secretary, portation and a rail passenger carrier with a pendent entity to develop and recommend consistent with the rule promulgated under written agreement with the rail carrier or objective methodologies for Amtrak to use subsection (a), allow the contract to be re- rail carriers that own the infrastructure over in determining what intercity rail passenger newed for an additional operations period of which Amtrak operates a long-distance route transportation routes and services it should years, but not to exceed a total of 3 oper- and that host or would host the intercity rail provide, including the establishment of new ations periods; passenger transportation. routes, the elimination of existing routes, ‘‘(B) require the Secretary to— ‘‘(3) PERFORMANCE STANDARDS.—If the win- and the contraction or expansion of services ‘‘(i) notify the petitioner and Amtrak of re- ning bidder under paragraph (1)(E)(i) is not or frequencies over such routes. ceipt of the petition under subparagraph (A) or does not include Amtrak, the performance

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5283 standards shall be consistent with the per- have any effect on the operating subsidy de- (4) include an explanation of whether any formance required of or achieved by Amtrak scribed in subsection (b)(1)(E)(ii). payment under the contract will increase on the applicable route during the last fiscal ‘‘(f) DEADLINE.—If the Secretary does not Amtrak’s grant request, as required under year. promulgate the final rule and implement the section 24318 of title 49, United States Code, ‘‘(4) AGREEMENT GOVERNING ACCESS program before the deadline under sub- in that particular fiscal year; and ISSUES.—Unless the winning bidder already section (a), the Secretary shall submit to the (5) describe how Amtrak will adjust the has applicable access agreements in place or Committee on Commerce, Science, and procurement if future funding is not avail- includes a rail carrier that owns the infra- Transportation of the Senate and the Com- able. structure used in the operation of the route, mittee on Transportation and Infrastructure (c) RULE OF CONSTRUCTION.—Nothing in the winning bidder under paragraph (1)(E)(i) of the House of Representatives a letter, this section shall be construed as requiring shall enter into a written agreement gov- signed by the Secretary and Administrator Amtrak to disclose confidential information erning access issues between the winning of the Federal Railroad Administration, each regarding a potential vendor’s proposed pric- bidder and the rail carrier or rail carriers month until the rule is complete, including— ing or other sensitive business information that own the infrastructure over which the ‘‘(1) the reasons why the rule has not been prior to contract execution. winning bidder would operate and that host issued; SEC. 35207. FOOD AND BEVERAGE POLICY. or would host the intercity rail passenger ‘‘(2) an updated staffing plan for com- ‘‘(a) IN GENERAL.—Chapter 243, as amended transportation. pleting the rule as soon as feasible; in section 35202 of this Act, is further amend- ‘‘(c) ACCESS TO FACILITIES; EMPLOYEES.—If ‘‘(3) the contact information of the official ed by adding after section 24320 the fol- the Secretary awards the right and obliga- that will be overseeing the execution of the lowing: tion to provide rail passenger transportation staffing plan; and § 24321. Food and beverage reform over a route under this section to an entity ‘‘(4) the estimated date of completion of ‘‘(a) PLAN.—Not later than 90 days after in lieu of Amtrak— the rule. the date of enactment of the Railroad Re- ‘‘(1) the Secretary shall require Amtrak to ‘‘(g) DISPUTES.—If Amtrak and the rail pas- form, Enhancement, and Efficiency Act, Am- provide access to the Amtrak-owned reserva- senger carrier awarded a route under this trak shall develop and begin implementing a tion system, stations, and facilities directly section cannot agree upon terms to carry out plan to eliminate, not later than 4 years related to operations of the awarded routes subsection (c)(1), and the Surface Transpor- after the date of enactment of that Act, the to the rail passenger carrier awarded a con- tation Board finds that access to Amtrak’s operating loss associated with providing food tract under this section, in accordance with facilities or equipment, or the provision of and beverage service on board Amtrak subsection (g), as necessary to carry out the services by Amtrak, is necessary under sub- trains. purposes of this section; section (c)(1) and that the operation of Am- ‘‘(b) CONSIDERATIONS.—In developing and ‘‘(2) an employee of any person, except for trak’s other services will not be impaired implementing the plan under subsection (a), a freight railroad or a person employed or thereby, the Surface Transportation Board Amtrak shall consider a combination of cost contracted by a freight railroad, used by shall issue an order that the facilities and management and revenue generation initia- such rail passenger carrier in the operation equipment be made available, and that serv- tives, including— of a route under this section shall be consid- ices be provided, by Amtrak, and shall deter- ‘‘(1) scheduling optimization; ered an employee of that rail passenger car- mine reasonable compensation, liability, and ‘‘(2) onboard logistics; rier and subject to the applicable Federal other terms for use of the facilities and laws and regulations governing similar ‘‘(3) product development and supply chain equipment and provision of the services. efficiency; crafts or classes of employees of Amtrak; ‘‘(h) LIMITATION.—Not more than long-dis- and ‘‘(4) training, awards, and accountability; tance routes may be selected under this sec- ‘‘(5) technology enhancements and process ‘‘(3) the winning bidder shall provide hiring tion for operation by a winning bidder that preference to qualified Amtrak employees improvements; and is not or does not include Amtrak. ‘‘(6) ticket revenue allocation. displaced by the award of the bid, consistent ‘‘(i) PRESERVATION OF RIGHT TO COMPETI- with the staffing plan submitted by the bid- ‘‘(c) SAVINGS CLAUSE.—Amtrak shall en- TION ON STATE-SUPPORTED ROUTES.—Nothing sure that no Amtrak employee holding a po- der, and shall be subject to the grant condi- in this section shall be construed as prohib- tions under section 24405. sition as of the date of enactment of the iting a State from introducing competition Railroad Reform, Enhancement, and Effi- ‘‘(d) CESSATION OF SERVICE.—If a rail pas- for intercity rail passenger transportation or senger carrier awarded a route under this ciency Act is involuntarily separated be- services on its State-supported route or cause of— section ceases to operate the service or fails routes.’’. to fulfill an obligation under the contract re- ‘‘(1) the development and implementation (b) REPORT.—Not later than 4 years after of the plan required under subsection (a); or quired under subsection (b)(1)(E), the Sec- the date of implementation of the pilot pro- retary shall take any necessary action con- ‘‘(2) any other action taken by Amtrak to gram under section 24711 of title 49, United implement this section. sistent with this title to enforce the contract States Code, and quadrennially thereafter and ensure the continued provision of serv- ‘‘(d) NO FEDERAL FUNDING FOR OPERATING until the pilot program is discontinued, the LOSSES.—Beginning on the date that is 4 ice, including— Secretary shall submit to the Committee on ‘‘(1) the installment of an interim rail pas- years after the date of enactment of the Commerce, Science, and Transportation of Railroad Reform, Enhancement, and Effi- senger carrier; the Senate and the Committee on Transpor- ‘‘(2) providing to the interim rail passenger ciency Act, no Federal funds may be used to tation and Infrastructure of the House of carrier under paragraph (1) an operating sub- cover any operating loss associated with pro- Representatives a report on the results on sidy necessary to provide service; and viding food and beverage service on a route ‘‘(3) rebidding the contract to operate the the pilot program to date and any rec- operated by Amtrak or an alternative pas- rail passenger transportation. ommendations for further action. senger rail service provider that operates a ‘‘(e) BUDGET AUTHORITY.— SEC. 35206. ROLLING STOCK PURCHASES. route in lieu of Amtrak under section 24711. ‘‘(1) IN GENERAL.—The Secretary shall pro- (a) IN GENERAL.—Prior to entering into ‘‘(e) REPORT.—Not later than 120 days after vide to a winning bidder that is not or does any contract in excess of $100,000,000 for roll- the date of enactment of the Railroad Re- not include Amtrak and that is selected ing stock and locomotive procurements Am- form, Enhancement, and Efficiency Act, and under this section any appropriations with- trak shall submit a business case analysis to annually thereafter for a period of 4 years, held under section 35101(c) of the Railroad the Secretary, the Committee on Commerce, Amtrak shall transmit to the Committee on Reform, Enhancement, and Efficiency Act, Science, and Transportation and the Com- Commerce, Science, and Transportation of or any subsequent appropriation for the mittee on Appropriations of the Senate and the Senate and the Committee on Transpor- same purpose, necessary to cover the oper- the Committee on Transportation and Infra- tation and Infrastructure of the House of ating subsidy described in subsection structure and the Committee on Appropria- Representatives a report on the plan devel- (b)(1)(E)(ii). tions of the House of Representatives, on the oped under subsection (a) and a description ‘‘(2) AMTRAK.—If the Secretary selects a utility of such procurements. of progress in the implementation of the winning bidder that is not or does not in- (b) CONTENTS.—The business case analysis plan.’’. clude Amtrak, the Secretary may provide to shall— (b) CONFORMING AMENDMENT.—The table of Amtrak an appropriate portion of the appro- (1) include a cost and benefit comparison contents for chapter 243, as amended in sec- priations under section 35101(a) of the Rail- that describes the total lifecycle costs and tion 35202 of this Act, is amended by adding road Reform, Enhancement, and Efficiency the anticipated benefits related to revenue, at the end the following: Act, or any subsequent appropriation for the operational efficiency, reliability, and other ‘‘24321. Food and beverage reform.’’. same purpose, to cover any cost directly at- factors; SEC. 35208. LOCAL PRODUCTS AND PRO- tributable to the termination of Amtrak (2) set forth the total payments by fiscal MOTIONAL EVENTS. service on the route and any indirect costs year; (a) IN GENERAL.—Not later than 6 months to Amtrak imposed on other Amtrak routes (3) identify the specific source and after the date of enactment of this Act, Am- as a result of losing service on the route op- amounts of funding for each payment, in- trak shall establish a pilot program for a erated by the winning bidder. Any amount cluding Federal funds, State funds, Amtrak State or States that sponsor a State sup- provided by the Secretary to Amtrak under profits, Federal, State, or private loans or ported route operated by Amtrak to facili- this paragraph shall not be deducted from or loan guarantees, and other funding; tate—

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5284 CONGRESSIONAL RECORD — SENATE July 21, 2015 (1) onboard purchase and sale of local food and the Committee on Transportation and Representatives a report on the Request for and beverage products; and Infrastructure of the House of Representa- Proposals process required under this sec- (2) partnerships with local entities to hold tives a report on the Request for Proposals tion, including summary information of any promotional events on trains or in stations. required by this section, including summary qualified proposals submitted to Amtrak and (b) PROGRAM DESIGN.—The pilot program information of any proposals submitted to any proposals acted upon by Amtrak or a under paragraph (1) shall allow a State or Amtrak and any proposals accepted by Am- station owner that responded under sub- States— trak. section (b). (1) to nominate and select a local food and (d) SAVINGS CLAUSE.—Nothing in this sec- (e) DEFINITIONS.—In this section, the terms beverage products supplier or suppliers or tion shall be construed to limit Amtrak’s ‘‘small business concern’’, ‘‘socially and eco- local promotional event partner; ability to utilize right-of-way or real estate nomically disadvantaged individual’’, and (2) to charge a reasonable price or fee for assets that it currently owns, controls, or ‘‘veteran-owned small business’’ have the local food and beverage products or pro- manages or constrain Amtrak’s ability to meanings given the terms in section 304(c) of motional events and related activities to enter into agreements with other parties to this Act. help defray the costs of program administra- utilize such assets. (f) SAVINGS CLAUSE.—Nothing in this sec- tion and State-supported routes; and SEC. 35210. STATION DEVELOPMENT. tion shall be construed to limit Amtrak’s (3) a mechanism to ensure that State prod- (a) REPORT ON DEVELOPMENT OPTIONS.—Not ability to develop its stations, terminals, or ucts can effectively be handled and inte- later than 1 year after the date of the enact- other assets, to constrain Amtrak’s ability grated into existing food and beverage serv- ment of this Act, Amtrak shall submit a re- to enter into and carry out agreements with ices, including compliance with all applica- port to the Committee on Commerce, other parties to enhance development at or ble regulations and standards governing such Science, and Transportation of the Senate around Amtrak stations or terminals, or to services. and the Committee on Transportation and affect any station development initiatives (c) PROGRAM ADMINISTRATION.—The pilot Infrastructure of the House of Representa- ongoing as of the date of enactment of this program shall— tives that describes— Act. (1) for local food and beverage products, en- (1) options to enhance economic develop- SEC. 35211. AMTRAK DEBT. sure the products are integrated into exist- ment and accessibility of and around Am- Section 205 of the Passenger Rail Invest- ing food and beverage services, including trak stations and terminals, for the purposes ment and Improvement Act of 2008 (49 U.S.C. compliance with all applicable regulations of— 24101 note) is amended— and standards; (A) improving station condition, (1) by striking ‘‘as of the date of enactment (2) for promotional events, ensure the functionality, capacity, and customer amen- of this Act’’ each place it appears; events are held in compliance with all appli- ities; (2) in subsection (a)— cable regulations and standards, including (B) generating additional investment cap- (A) by inserting ‘‘, to the extent provided terms to address insurance requirements; ital and development-related revenue in advance in appropriations Acts’’ after and streams; ‘‘Amtrak’s indebtedness’’; and (3) require an annual report that docu- (C) increasing ridership and revenue; (B) by striking the second sentence; ments revenues and costs and indicates (D) complying with the applicable sections (3) in subsection (b), by striking ‘‘The Sec- whether the products or events resulted in a of the Americans with Disabilities Act of retary of the Treasury, in consultation’’ and reduction in the financial contribution of a 1990 (42 U.S.C. 12101 et seq.) and the Rehabili- inserting ‘‘To the extent amounts are pro- State or States to the applicable State-sup- tation Act of 1973 (29 U.S.C. 701 et seq.); and vided in advance in appropriations Acts, the ported route. (E) strengthening multimodal connections, Secretary of the Treasury, in consultation’’; (d) REPORT.—Not later than 4 years after including transit, intercity buses, roll-on (4) in subsection (d), by inserting ‘‘, to the the date of establishment of the pilot pro- and roll-off bicycles, and airports, as appro- extent provided in advance in appropriations grams under this section, Amtrak shall re- priate; and Acts’’ after ‘‘as appropriate’’; port to the Committee on Commerce, (2) options for additional Amtrak stops (5) in subsection (e)— Science, and Transportation of the Senate that would have a positive incremental fi- (A) in paragraph (1), by striking ‘‘by sec- and the Committee on Transportation and nancial impact to Amtrak, based on Amtrak tion 102 of this division’’; and Infrastructure of the House of Representa- feasibility studies that demonstrate a finan- (B) in paragraph (2), by striking ‘‘by sec- tives on which States have participated in cial benefit to Amtrak by generating addi- tion 102’’ and inserting ‘‘for Amtrak’’; the pilot programs under this section. The tional revenue that exceeds any incremental (6) in subsection (g), by inserting ‘‘, unless report shall summarize the financial and costs. that debt receives credit assistance, includ- operational outcomes of the pilot programs. (b) REQUEST FOR INFORMATION.—Not later ing direct loans and loan guarantees, under (e) RULE OF CONSTRUCTION.—Nothing in than 90 days after the date the report is chapter 6 of title 23, United States Code or this subsection shall be construed as lim- transmitted under sub-section (a), Amtrak title V of the Railroad Revitalization and iting Amtrak’s ability to operate special shall issue a Request of Information for 1 or Regulatory Act of 1976 (45 U.S.C. 821 et seq.)’’ trains in accordance with section 216 of the more owners of stations served by Amtrak to after ‘‘Secretary’’; and Passenger Rail Investment and Improvement formally express an interest in completing (7) by striking subsection (h). Act of 2008 (49 U.S.C. 24308 note). the requirements of this section. SEC. 35212. AMTRAK PILOT PROGRAM FOR PAS- SEC. 35209. RIGHT-OF-WAY LEVERAGING. (c) PROPOSALS.— SENGERS TRANSPORTING DOMES- (a) REQUEST FOR PROPOSALS.— (1) REQUEST FOR PROPOSALS.—Not later TICATED CATS AND DOGS. (1) IN GENERAL.—Not later than 1 year after than 180 days after the date the Request for (a) IN GENERAL.—Not later than 1 year the date of enactment of this Act, Amtrak Information is issued under subsection (a), after the date of enactment of this Act, Am- shall issue a Request for Proposals seeking Amtrak shall issue a Request for Proposals trak shall develop a pilot program that al- qualified persons or entities to utilize right- from qualified persons, including small busi- lows passengers to transport domesticated of-way and real estate owned, controlled, or ness concerns owned and controlled by so- cats or dogs on certain trains operated by managed by Amtrak for telecommunications cially and economically disadvantaged indi- Amtrak. systems, energy distribution systems, and viduals and veteran-owned small businesses, (b) PET POLICY.—In developing the pilot other activities considered appropriate by to lead, participate, or partner with Amtrak, program required under subsection (a), Am- Amtrak. a station owner that responded under sub- trak shall— (2) CONTENTS.—The Request for Proposals section (b), and other entities in enhancing (1) in the case of a passenger train that is shall provide sufficient information on the development in and around such stations and comprised of more than 1 car, designate, right-of-way and real estate assets to enable terminals using applicable options identified where feasible, at least 1 car in which a respondents to propose an arrangement that under subsection (a) at facilities selected by ticketed passenger may transport a domes- will monetize or generate additional revenue Amtrak. ticated cat or dog in the same manner as from such assets through revenue sharing or (2) CONSIDERATION OF PROPOSALS.—Not carry-on baggage if— leasing agreements with Amtrak, to the ex- later than 1 year after the date the Request (A) the cat or dog is contained in a pet tent possible. for Proposals are issued under paragraph (1), kennel; (b) CONSIDERATION OF PROPOSALS.—Not Amtrak shall review and consider qualified (B) the pet kennel complies with Amtrak later than 180 days following the deadline for proposals submitted under paragraph (1). size requirements for carriage of carry-on the receipt of proposals under subsection (a), Amtrak or a station owner that responded baggage; Amtrak shall review and consider each quali- under subsection (b) may enter into such (C) the passenger is traveling on a train op- fied proposal. Amtrak may enter into such agreements as are necessary to implement erating on a route described in subparagraph agreements as are necessary to implement any qualified proposal. (A), (B), or (D) of section 24102(6) of title 49, any qualified proposal. (d) REPORT.—Not later than 3 years after United States Code; and (c) REPORT.—Not later than 270 days fol- the date of enactment of this Act, Amtrak (D) the passenger pays a fee described in lowing the deadline for the receipt of pro- shall transmit to the Committee on Com- paragraph (3); posals under subsection (a), Amtrak shall merce, Science, and Transportation of the (2) allow a ticketed passenger to transport transmit to the Committee on Commerce, Senate and the Committee on Transpor- a domesticated cat or dog on a train in the Science, and Transportation of the Senate tation and Infrastructure of the House of same manner as cargo if—

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5285 (A) the cat or dog is contained in a pet term of 5 years. The term may be extended ment a program for issuing 3-year operating kennel; until the individual’s successor is appointed assistance grants to applicants, on a com- (B) the pet kennel is stowed in accordance and qualified. Not more than 4 individuals petitive basis, for the purpose of initiating, with Amtrak requirements for cargo stow- appointed under paragraph (1)(C) may be restoring, or enhancing intercity rail pas- age; members of the same political party. senger service. (C) the passenger is traveling on a train op- ‘‘(4) CHAIRPERSON AND VICE CHAIRPERSON.— ‘‘(c) APPLICATION.—An applicant for a erating on a route described in subparagraph The Board shall elect a chairperson and vice grant under this section shall submit to the (A), (B), or (D) of section 24102(6) of title 49, chairperson, other than the President of Am- Secretary— United States Code; trak, from among its membership. The vice ‘‘(1) a capital and mobilization plan that— (D) the cargo area is temperature con- chairperson shall serve as chairperson in the ‘‘(A) describes any capital investments, trolled in a manner protective of cat and dog absence of the chairperson. service planning actions (such as environ- safety and health; and ‘‘(5) SECRETARY’S DESIGNEE.—The Sec- mental reviews), and mobilization actions (E) the passenger pays a fee described in retary may be represented at Board meetings (such as qualification of train crews) re- paragraph (3); and by the Secretary’s designee.’’. quired for initiation of service; and (3) collect fees for each cat or dog trans- (b) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) includes the timeline for undertaking ported by a ticketed passenger in an amount this section shall be construed as affecting and completing each of the investments and that, in the aggregate and at a minimum, the term of any director serving on the Am- actions referred to in subparagraph (A); covers the full costs of the pilot program. trak Board of Directors under section ‘‘(2) an operating plan that describes the (c) REPORT.—Not later than 1 year after 24302(a)(1)(C) of title 49, United States Code, planned operation of the service, including— the pilot program required under subsection on the day preceding the date of enactment ‘‘(A) the identity and qualifications of the (a) is first implemented, Amtrak shall trans- of this Act. train operator; mit to the Committee on Commerce, ‘‘(B) the identity and qualifications of any SEC. 35214. AMTRAK BOARDING PROCEDURES. Science, and Transportation of the Senate other service providers; (a) REPORT.—Not later than 6 months after and the Committee on Transportation and ‘‘(C) service frequency; the date of enactment of this Act, the Am- Infrastructure of the House of Representa- ‘‘(D) the planned routes and schedules; trak Office of Inspector General shall submit tives a report containing an evaluation of ‘‘(E) the station facilities that will be uti- a report to the Committee on Commerce, the pilot program. lized; Science, and Transportation of the Senate (d) LIMITATION ON STATUTORY CONSTRUC- ‘‘(F) projected ridership, revenues, and and the Committee on Transportation and TION.— costs; Infrastructure of the House of Representa- (1) SERVICE ANIMALS.—The pilot program ‘‘(G) descriptions of how the projections under subsection (a) shall be separate from tives that— under subparagraph (F) were developed; and in addition to the policy governing Am- (1) evaluates Amtrak’s boarding procedures ‘‘(H) the equipment that will be utilized, trak passengers traveling with service ani- for passengers, including passengers using or how such equipment will be acquired or re- mals. Nothing in this section may be inter- transporting nonmotorized transportation, furbished, and where such equipment will be preted to limit or waive the rights of pas- such as wheelchairs and bicycles, at its sta- maintained; and ‘‘(I) a plan for ensuring safe operations and sengers to transport service animals. tions through which the most people pass; (2) compares Amtrak’s boarding procedures compliance with applicable safety regula- (2) ADDITIONAL TRAIN CARS.—Nothing in this section may be interpreted to require to— tions; (A) commuter railroad boarding procedures ‘‘(3) a funding plan that— Amtrak to add additional train cars or mod- ‘‘(A) describes the funding of initial capital ify existing train cars. at stations shared with Amtrak; (B) international intercity passenger rail costs and operating costs for the first 3 years (3) FEDERAL FUNDS.—No Federal funds may boarding procedures; and of operation; be used to implement the pilot program re- ‘‘(B) includes a commitment by the appli- quired under this section. (C) fixed guideway transit boarding proce- dures; and cant to provide the funds described in sub- SEC. 35213. AMTRAK BOARD OF DIRECTORS. (3) makes recommendations, as appro- paragraph (A) to the extent not covered by (a) IN GENERAL.—Section 24302(a) is amend- priate, in consultation with the Transpor- Federal grants and revenues; and ed to read as follows: tation Security Administration, to improve ‘‘(C) describes the funding of operating ‘‘(a) COMPOSITION AND TERMS.— Amtrak’s boarding procedures, including costs and capital costs, to the extent nec- ‘‘(1) IN GENERAL.—The Amtrak Board of Di- recommendations regarding the queuing of essary, after the first 3 years of operation; rectors (referred to in this section as the passengers and free-flow of all station users and ‘Board’) is composed of the following 9 direc- and facility improvements needed to achieve ‘‘(4) a description of the status of negotia- tors, each of whom must be a citizen of the the recommendations. tions and agreements with— United States: ‘‘(A) each of the railroads or regional (b) CONSIDERATION OF RECOMMENDATIONS.— ‘‘(A) The Secretary of Transportation. Not later than 6 months after the report is transportation authorities whose tracks or ‘‘(B) The President of Amtrak. facilities would be utilized by the service; ‘‘(C) 7 individuals appointed by the Presi- submitted under subsection (a), Amtrak shall consider each recommendation pro- ‘‘(B) the anticipated rail passenger carrier, dent of the United States, by and with the if such entity is not part of the applicant advice and consent of the Senate, with gen- vided under subsection (a)(3) for implementa- tion at appropriate locations across the Am- group; and eral business and financial experience, expe- ‘‘(C) any other service providers or entities trak system. rience or qualifications in transportation, expected to provide services or facilities that freight and passenger rail transportation, Subtitle C—Intercity Passenger Rail Policy will be used by the service, including any re- travel, hospitality, or passenger air trans- SEC. 35301. COMPETITIVE OPERATING GRANTS. quired access to Amtrak systems, stations, portation businesses, or representatives of (a) IN GENERAL.—Chapter 244 is amended— and facilities if Amtrak is not part of the ap- employees or users of passenger rail trans- (1) by striking section 24406; and plicant group. portation or a State government. (2) by inserting after section 24405 the fol- ‘‘(d) PRIORITIES.—In awarding grants under ‘‘(2) SELECTION.—In selecting individuals lowing: this section, the Secretary shall give pri- described in paragraph (1)(C) for nominations ority to applications— ‘‘§ 24406. Competitive operating grants for appointments to the Board, the President ‘‘(1) for which planning, design, any envi- shall consult with the Speaker of the House ‘‘(a) APPLICANT DEFINED.—In this section, ronmental reviews, negotiation of agree- of Representatives, the minority leader of the term ‘applicant’ means— ments, acquisition of equipment, construc- the House of Representatives, the majority ‘‘(1) a State; tion, and other actions necessary for initi- leader of the Senate, and the minority leader ‘‘(2) a group of States; ation of service have been completed or near- of the Senate. The individuals appointed to ‘‘(3) an Interstate Compact; ly completed; the Board under paragraph (1)(C) shall be ‘‘(4) a public agency or publicly chartered ‘‘(2) that would restore service over routes composed of the following; authority established by 1 or more States formerly operated by Amtrak, including ‘‘(A) 2 individuals from the Northeast Cor- and having responsibility for providing inter- routes with international connections; ridor. city rail passenger transportation or com- ‘‘(3) that would provide daily or daytime ‘‘(B) 4 individuals from regions of the coun- muter rail passenger transportation; service over routes where such service did try outside of the Northeast Corridor and ‘‘(5) a political subdivision of a State; not previously exist; geographically distributed with— ‘‘(6) Amtrak or another rail passenger car- ‘‘(4) that include private funding (including ‘‘(i) 2 individuals from States with long- rier that provides intercity rail passenger funding from railroads), and funding or other distance routes operated by Amtrak; and transportation; significant participation by State, local, and ‘‘(ii) 2 individuals from States with State- ‘‘(7) Any rail carrier in partnership with at regional governmental and private entities; supported routes operated by Amtrak. least 1 of the entities described in para- ‘‘(5) that include a funding plan that dem- ‘‘(C) 1 individual from the Northeast Cor- graphs (1) through (5); and onstrates the intercity rail passenger service ridor or a State with long-distance or State- ‘‘(8) any combination of the entities de- will be financially sustainable beyond the 3- supported routes. scribed in paragraphs (1) through (7). year grant period; ‘‘(3) TERM.—An individual appointed under ‘‘(b) GRANTS AUTHORIZED.—The Secretary ‘‘(6) that would provide service to regions paragraph (1)(C) shall be appointed for a of Transportation shall develop and imple- and communities that are underserved or not

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5286 CONGRESSIONAL RECORD — SENATE July 21, 2015 served by other intercity public transpor- ‘‘(5) any legislative recommendations.’’. ‘‘(E) a political subdivision of a State; tation; (b) CONFORMING AMENDMENTS.—Chapter 244 ‘‘(F) Amtrak, acting on its own behalf or ‘‘(7) that would foster economic develop- is amended— under a cooperative agreement with 1 or ment, particularly in rural communities and ‘‘(1) in the table of contents, by inserting more States; or for disadvantaged populations; after the item relating to section 24405 the ‘‘(G) any combination of the entities de- ‘‘(8) that would provide other non-trans- following: scribed in subparagraphs (A) through (F). portation benefits; and ‘‘24406. Competitive operating grants.’’; ‘‘(2) CAPITAL PROJECT.—The term ‘capital ‘‘(9) that would enhance connectivity and ‘‘(2) in the chapter title, by striking project’ means— geographic coverage of the existing national ‘‘(A) a project primarily intended to re- ‘‘INTERCITY PASSENGER RAIL SERVICE network of intercity passenger rail service. place, rehabilitate, or repair major infra- CORRIDOR CAPITAL’’ and inserting ‘‘RAIL ‘‘(e) LIMITATIONS.— structure assets utilized for providing inter- ‘‘(1) DURATION.—Federal operating assist- CAPITAL AND OPERATING’’; (3) in section 24401, by striking paragraph city passenger rail service, including tun- ance grants authorized under this section for nels, bridges, stations, and other assets, as any individual intercity rail passenger trans- (1); (4) in section 24402, by striking subsection determined by the Secretary; or portation route may not provide funding for ‘‘(B) a project primarily intended to im- more than 3 years and may not be renewed. (j) and inserting the following: ‘‘(j) APPLICANT DEFINED.—In this section, prove intercity passenger rail performance, ‘‘(2) LIMITATION.—Not more than 6 of the the term ‘‘applicant’’ means a State (includ- including reduced trip times, increased train operating assistance grants awarded pursu- frequencies, higher operating speeds, and ant to subsection (b) may be simultaneously ing the District of Columbia), a group of other improvements, as determined by the active. States, an Interstate Compact, a public Secretary. ‘‘(3) MAXIMUM FUNDING.—Grants described agency or publicly chartered authority es- ‘‘(3) NORTHEAST CORRIDOR.—The term in paragraph (1) may not exceed— tablished by 1 or more States and having re- ‘‘(A) 80 percent of the projected net oper- sponsibility for providing ‘‘intercity rail pas- ‘Northeast Corridor’ means— ‘‘(A) the main rail line between Boston, ating costs for the first year of service; senger transportation, or a political subdivi- ‘‘(B) 60 percent of the projected net oper- sion of a State.’’; and Massachusetts and the Virginia Avenue ating costs for the second year of service; (5) in section 24405— inter-locking in the District of Columbia; and (A) in subsection (b)— and ‘‘(C) 40 percent of the projected net oper- (i) by inserting ‘‘, or for which an oper- ‘‘(B) the branch rail lines connecting to ating costs for the third year of service. ating grant is issued under section 24406,’’ Harrisburg, Pennsylvania, Springfield, Mas- ‘‘(f) USE WITH CAPITAL GRANTS AND OTHER after ‘‘chapter’’; and sachusetts, and Spuyten Duyvil, New York. FEDERAL FUNDING.—A recipient of an oper- (ii) in paragraph (2), by striking ‘‘(43’’ and ‘‘(4) QUALIFIED RAILROAD ASSET.—The term ating assistance grant under subsection (b) inserting ‘‘(45’’; ‘qualified railroad asset’ means infrastruc- may use that grant in combination with (B) in subsection (d)(1), in the matter pre- ture, equipment, or a facility that— other grants awarded under this chapter or ceding subparagraph (A), by inserting ‘‘or ‘‘(A) is owned or controlled by an eligible any other Federal funding that would benefit unless Amtrak ceased providing intercity applicant; and ‘‘(B) was not in a state of good repair on the applicable service. passenger railroad transportation over the ‘‘(g) AVAILABILITY.—Amounts appropriated affected route more than years before the the date of enactment of the Railroad Re- for carrying out this section shall remain commencement of new service’’ after ‘‘unless form, Enhancement, and Efficiency Act. available until expended. such service was provided solely by Amtrak ‘‘(b) GRANT PROGRAM AUTHORIZED.—The ‘‘(h) COORDINATION WITH AMTRAK.—If the to another entity’’; Secretary of Transportation shall develop Secretary awards a grant under this section (C) in subsection (f), by striking ‘‘under and implement a program for issuing grants to a rail passenger carrier other than Am- this chapter for commuter rail passenger to applicants, on a competitive basis, to fund trak, Amtrak may be required under section transportation, as defined in section 24012(4) capital projects that reduce the state of good 24711(c)(1) of this title to provide access to of this title.’’ and inserting ‘‘under this repair backlog on qualified railroad assets. its reservation system, stations, and facili- chapter for commuter rail passenger trans- ‘‘(c) ELIGIBLE PROJECTS.—Projects eligible ties that are directly related to operations to portation (as de fined in section 24102(3)).’’; for grants under this section include capital such carrier, to the extent necessary to and projects to replace or rehabilitate qualified carry out the purposes of this section. The (D) by adding at the end the following: railroad assets, including— Secretary may award an appropriate portion ‘‘(g) SPECIAL TRANSPORTATION CIR- ‘‘(1) capital projects to replace existing as- of the grant to Amtrak as compensation for CUMSTANCES.— sets in-kind; ‘‘(2) capital projects to replace existing as- this access. ‘‘In carrying out this chapter, the Sec- sets with assets that increase capacity or ‘‘(i) CONDITIONS.— retary shall allocate an appropriate portion ‘‘(1) GRANT AGREEMENT.—The Secretary of the amounts available under this chapter provide a higher level of service; and shall require grant recipients under this sec- to provide grants to States— ‘‘(3) capital projects to ensure that service tion to enter into a grant agreement that re- ‘‘(1) in which there is no intercity pas- can be maintained while existing assets are quires them to provide similar information senger rail service, for the purpose of funding brought to a state of good repair. regarding the route performance, financial, freight rail capital projects that are on a ‘‘(d) PROJECT SELECTION CRITERIA.—In se- and ridership projections, and capital and State rail plan developed under chapter 227 lecting an applicant for a grant under this business plans that Amtrak is required to that provide public benefits (as defined in section, the Secretary shall— ‘‘(1) give preference to eligible projects— provide, and such other data and information chapter 227), as determined by the Secretary; ‘‘(A) that are consistent with the goals, ob- as the Secretary deems necessary. or jectives, and policies defined in any regional ‘‘(2) INSTALLMENTS; TERMINATION.—The ‘‘(2) in which the rail transportation sys- Secretary may— tem is not physically connected to rail sys- rail planning document that is applicable to ‘‘(A) award grants under this section in in- tems in the continental United States or a project proposal; and ‘‘(B) for which the proposed Federal share stallments, as the Secretary considers appro- may not otherwise qualify for a grant under of total project costs does not exceed 50 per- priate; and this section due to the unique characteris- cent; and ‘‘(B) terminate any grant agreement tics of the geography of that State or other ‘‘(2) take into account— upon— relevant considerations, for the purpose of ‘‘(i) the cessation of service; or ‘‘(A) the cost-benefit analysis of the pro- funding transportation-related capital posed project, including anticipated private ‘‘(ii) the violation of any other term of the projects.’’. grant agreement. and public benefits relative to the costs of SEC. 35302. FEDERAL-STATE PARTNERSHIP FOR ‘‘(3) GRANT CONDITIONS.—Except as specifi- the proposed project, including— STATE OF GOOD REPAIR. cally provided in this section, the use of any ‘‘(i) effects on system and service perform- (a) AMENDMENT.—Chapter 244 is amended amounts appropriated for grants under this ance; by inserting after section 24406, as added by ‘‘(ii) effects on safety, competitiveness, re- section shall be subject to the requirements section 5301 of this Act, the following: under this chapter. liability, trip or transit time, and resilience; ‘‘(j) REPORT.—Not later than 4 years after ‘‘§ 24407. Federal-State partnership for state ‘‘(iii) efficiencies from improved integra- the date of enactment of the Railroad Re- of good repair tion with other modes; and form, Enhancement, and Efficiency Act, the ‘‘(a) DEFINITIONS.—In this section: ‘‘(iv) ability to meet existing or antici- Secretary, after consultation with grant re- ‘‘(1) APPLICANT.—The term ‘applicant’ pated demand; cipients under this section, shall submit a means— ‘‘(B) the degree to which the proposed report to Congress that describes— ‘‘(A) a State (including the District of Co- project’s business plan considers potential ‘‘(1) the implementation of this section; lumbia); private sector participation in the financing, ‘‘(2) the status of the investments and op- ‘‘(B) a group of States; construction, or operation of the proposed erations funded by such grants; ‘‘(C) an Interstate Compact; project; ‘‘(3) the performance of the routes funded ‘‘(D) a public agency or publicly chartered ‘‘(C) the applicant’s past performance in by such grants; authority established by 1 or more States developing and delivering similar projects, ‘‘(4) the plans of grant recipients for con- that has responsibility for providing inter- and previous financial contributions; tinued operation and funding of such routes; city rail passenger transportation or com- ‘‘(D) whether the applicant has, or will and muter rail passenger transportation; have—

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5287 ‘‘(i) the legal, financial, and technical ca- ‘‘(iv) the Committee on Appropriations of engage in at-risk work activities subsequent pacity to carry out the project; the House of Representatives. to the conclusion of final design if the Sec- ‘‘(ii) satisfactory continuing control over ‘‘(B) CONTENTS.—The notification sub- retary determines that such work activities the use of the equipment or facilities; and mitted pursuant to subparagraph (A) shall are reasonable and necessary.’’. ‘‘(iii) the capability and willingness to include— SEC. 35304. SMALL BUSINESS PARTICIPATION maintain the equipment or facilities; ‘‘(i) a copy of the proposed letter or agree- STUDY. ‘‘(E) if applicable, the consistency of the ment; (a) STUDY.—The Secretary shall conduct a project with planning guidance and docu- ‘‘(ii) the criteria used under subsection (d) nationwide disparity and availability study ments set forth by the Secretary or required for selecting the project for a grant award; on the availability and use of small business by law; and and concerns owned and controlled by socially ‘‘(F) any other relevant factors, as deter- ‘‘(iii) a description of how the project and economically disadvantaged individuals mined by the Secretary. meets such criteria. and veteran-owned small businesses in pub- ‘‘(e) PLANNING REQUIREMENTS.—A project is ‘‘(3) APPROPRIATIONS REQUIRED.—An obliga- licly funded inter-city passenger rail service not eligible for a grant under this section un- tion or administrative commitment may be projects. made under this section only when amounts less the project is specifically identified— (b) REPORT.—Not later than 4 years after ‘‘(1) on a State rail plan prepared in ac- are appropriated for such purpose. the date of enactment of this Act, the Sec- ‘‘(i) AVAILABILITY.—Amounts appropriated cordance with chapter 227; or retary shall submit a report containing the for carrying out this section shall remain ‘‘(2) if the project is located on the North- results of the study conducted under sub- available until expended. east Corridor, on the Northeast Corridor section (a) to the Committee on Commerce, ‘‘(j) GRANT CONDITIONS.—Except as specifi- Capital Investment Plan developed pursuant Science, and Transportation of the Senate cally provided in this section, the use of any to section 24904(a). and the Committee on Transportation and amounts appropriated for grants under this ‘‘(f) NORTHEAST CORRIDOR PROJECTS.— Infrastructure of the House of Representa- ‘‘(1) COMPLIANCE WITH USAGE AGREE- section shall be subject to the requirements tives. MENTS.—Grant funds may not be provided under this chapter.’’. (c) DEFINITIONS.—In this section: under this section to an eligible recipient for (b) CONFORMING AMENDMENT.—The table of (1) SMALL BUSINESS CONCERN.—The term an eligible project located on the Northeast contents for chapter 244 is amended by in- ‘‘small business concern’’ has the meaning Corridor unless Amtrak and the public au- serting after the item relating to section given such term in section 3 of the Small thorities providing commuter rail passenger 24406 the following: Business Act (15 U.S.C. 632), except that the transportation on the Northeast Corridor are ‘‘24407. Federal-State partnership for state of term does not include any concern or group in compliance with section 24905(c)(2). good repair.’’. of concerns controlled by the same socially ‘‘(2) CAPITAL INVESTMENT PLAN.—When se- SEC. 35303. LARGE CAPITAL PROJECT REQUIRE- and economically disadvantaged individual lecting projects located on the Northeast MENTS. or individuals that have average annual Corridor, the Secretary shall consider the Section 24402 is amended by adding at the gross receipts during the preceding 3 fiscal appropriate sequence and phasing of projects end the following: years in excess of $22,410,000, as adjusted an- as contained in the Northeast Corridor Cap- ‘‘(m) LARGE CAPITAL PROJECT REQUIRE- nually by the Secretary for inflation. ital Investment Plan developed pursuant to MENTS.— (2) SOCIALLY AND ECONOMICALLY DISADVAN- section 24904(a). ‘‘(1) IN GENERAL.—For a grant awarded TAGED INDIVIDUAL.—The term ‘‘socially and ‘‘(g) FEDERAL SHARE OF TOTAL PROJECT under this chapter for an amount in excess of economically disadvantaged individual’’ has COSTS.— $1,000,000,000, the following conditions shall the meaning given such term in section 8(d) ‘‘(1) TOTAL PROJECT COST.—The Secretary apply: of the Small Business Act (15 U.S.C. 637(d)) shall estimate the total cost of a project ‘‘(A) The Secretary of Transportation may and relevant subcontracting regulations under this section based on the best avail- not obligate any funding unless the appli- issued pursuant to such Act, except that able information, including engineering cant demonstrates, to the satisfaction of the women shall be presumed to be socially and studies, studies of economic feasibility, envi- Secretary, that the applicant has com- economically disadvantaged individuals for ronmental analyses, and information on the mitted, and will be able to fulfill, the non- purposes of this section. expected use of equipment or facilities. Federal share required for the grant within (3) VETERAN-OWNED SMALL BUSINESS.—The ‘‘(2) FEDERAL SHARE.—The Federal share of the applicant’s proposed project completion term ‘‘veteran-owned small business’’ has total costs for a project under this sub- timetable. section shall not exceed 80 percent. ‘‘(B) The Secretary may not obligate any the meaning given the term ‘‘small business concern owned and controlled by veterans’’ ‘‘(3) TREATMENT OF AMTRAK REVENUE.—If funding for work activities that occur after Amtrak or another rail passenger carrier is the completion of final design unless— in section 3(q)(3) of the Small Business Act an applicant under this section, Amtrak or ‘‘(i) the applicant submits a financial plan (15 U.S.C. 632(q)(3)), except that the term the other rail passenger carrier, as applica- to the Secretary that generally identifies the does not include any concern or group of ble, may use ticket and other revenues gen- sources of the non-Federal funding required concerns controlled by the same veterans erated from its operations and other sources for any subsequent segments or phases of the that have average annual gross receipts dur- to satisfy the non-Federal share require- corridor service development program cov- ing the preceding 3 fiscal years in excess of ments. ering the project for which the grant is $22,410,000, as adjusted annually by the Sec- retary for inflation. ‘‘(h) LETTERS OF INTENT.— awarded; ‘‘(1) IN GENERAL.—The Secretary may issue ‘‘(ii) the grant will result in a useable seg- SEC. 35305. GULF COAST RAIL SERVICE WORKING a letter of intent to a grantee under this sec- ment, a transportation facility, or equip- GROUP. tion that— ment, that has operational independence or (a) IN GENERAL.—Not later than 90 days ‘‘(A) announces an intention to obligate, is financially sustainable; and after the date of enactment of this Act, the for a major capital project under this sec- ‘‘(iii) the intercity passenger rail benefits Secretary shall convene a working group to tion, an amount from future available budg- anticipated to result from the grant, such as evaluate the restoration of intercity rail pas- et authority specified in law that is not more increased speed, improved on-time perform- senger service in the Gulf Coast region be- than the amount stipulated as the financial ance, reduced trip time, increased fre- tween New Orleans, Louisiana, and Orlando, participation of the Secretary in the project; quencies, new service, safety improvements, Florida. and improved accessibility, or other significant (b) MEMBERSHIP.—The working group con- ‘‘(B) states that the contingent commit- enhancements, are detailed by the grantee vened pursuant to subsection (a) shall con- ment— and approved by the Secretary. sist of representatives of— ‘‘(i) is not an obligation of the Federal ‘‘(C)(i) The Secretary shall ensure that the (1) the Federal Railroad Administration, Government; and project is maintained to the level of utility which shall serve as chair of the working ‘‘(ii) is subject to the availability of appro- that is necessary to support the benefits ap- group; priations under Federal law and to Federal proved under subparagraph (B)(iii) for a pe- (2) Amtrak; laws in force or enacted after the date of the riod of years from the date on which the use- (3) the States along the proposed route or contingent commitment. able segment, transportation facility, or routes; ‘‘(2) CONGRESSIONAL NOTIFICATION.— equipment described in subparagraph (B)(ii) (4) regional transportation planning orga- ‘‘(A) IN GENERAL.—Not later than 30 days is placed in service. nizations and metropolitan planning organi- before issuing a letter under paragraph (1), ‘‘(ii) If the project property is not main- zations, municipalities, and communities the Secretary shall submit written notifica- tained as required under clause (i) for a 12 along the proposed route or routes, which tion to— month period, the grant recipient shall re- shall be selected by the Administrator; ‘‘(i) the Committee on Commerce, Science, fund a pro-rata share of the Federal con- (5) the Southern Rail Commission; and Transportation of the Senate; tribution, based upon the percentage remain- (6) freight railroad carriers whose tracks ‘‘(ii) the Committee on Appropriations of ing of the 20-year period that commenced may be used for such service; and the Senate; when the project property was placed in (7) other entities determined appropriate ‘‘(iii) the Committee on Transportation service. by the Secretary, which may include inde- and Infrastructure of the House of Rep- ‘‘(2) EARLY WORK.—The Secretary may pendent passenger rail operators that ex- resentatives; and allow a grantee subject to this subsection to press an interest in Gulf Coast service.

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(c) RESPONSIBILITIES.—The working group (5) the interface between State-supported (4) mechanisms for measuring and main- shall— routes and connecting commuter rail oper- taining public benefits resulting from pub- (1) evaluate all options for restoring inter- ations, including maximized intra-modal and licly funded freight or passenger rail im- city rail passenger service in the Gulf Coast intermodal connections and common sources provements, including improvements di- region, including options outlined in the re- of funding for capital projects. rected towards shared-use right-of-way by port transmitted to Congress pursuant to (d) MEETINGS.—Not later than 60 days after passenger and freight rail; section 226 of the Passenger Rail Investment the establishment of the working group by (5) approaches to operations, capacity, and and Improvement Act of 2008 (division B of the Secretary under subsection (a), the cost estimation modeling that— Public Law 110–432); working group shall convene an organiza- (A) allows for transparent decisionmaking; (2) select a preferred option for restoring tional meeting outside of the District of Co- and such service; lumbia and shall define the rules and proce- (B) protects the proprietary interests of all (3) develop a prioritized inventory of cap- dures governing the proceedings of the work- parties; ital projects and other actions required to ing group. The working group shall hold at (6) liability requirements and arrange- restore such service and cost estimates for least meetings per year in States that fund ments, including— such projects or actions; and State-supported routes. (A) whether to expand statutory liability limits to additional parties; (4) identify Federal and non-Federal fund- (e) REPORTS.— (B) whether to revise the current statutory ing sources required to restore such service, (1) PRELIMINARY REPORT.—Not later than 1 liability limits; including options for entering into public- year after the date the working group is es- (C) whether current insurance levels of private partnerships to restore such service. tablished, the working group shall submit a passenger rail operators are adequate and (d) REPORT.—Not later than 9 months after preliminary report to the Secretary, the whether to establish minimum insurance re- the date of enactment of this Act, the work- Governors of States funding State-supported quirements for such passenger rail operators; ing group shall submit a report to the Com- routes, the Committee on Commerce, mittee on Commerce, Science, and Transpor- and Science, and Transportation of the Senate, (D) whether to establish a liability regime tation of the Senate and the Committee on and the Committee on Transportation and Transportation and Infrastructure of the modeled after section 170 of the Atomic En- Infrastructure of the House of Representa- ergy Act of 1954 (42 U.S.C. 2210); House of Representatives that includes— tives that includes— (1) the preferred option selected under sub ‘‘(7) the effect on rail passenger services, (A) administrative recommendations that section (c)(2) and the reasons for selecting operations, liability limits and insurance can be implemented by a State and State au- such option; levels of the assertion of sovereign immunity thority or by the Secretary; and (2) the information described in subsection by a State; and (B) preliminary legislative recommenda- (c)(3); (8) other issues identified by the Secretary. (3) the funding sources identified under sub tions. (c) REPORT.—Not later than 60 days after section (c)(4); (2) FINAL LEGISLATIVE RECOMMENDATIONS.— the study under subsection (a) is complete, (4) the costs and benefits of restoring inter- Not later than 2 years after the date the the Secretary shall submit to the Committee city rail passenger transportation in the re- working group is established, the working on Commerce, Science, and Transportation gion; and group shall submit a report to the Com- of the Senate and the Committee on Trans- (5) any other information the working mittee on Commerce, Science, and Transpor- portation and Infrastructure of the House of group determines appropriate. tation of the Senate and the Committee on Representatives a report that includes— SEC. 35306. INTEGRATED PASSENGER RAIL Transportation and Infrastructure of the (1) the results of the study; and WORKING GROUP. House of Representatives that includes final (2) any recommendations for further ac- (a) IN GENERAL.—Not later than 180 days legislative recommendations. tion, including any legislative proposals con- after the date of enactment of this Act, the SEC. 35307. SHARED-USE STUDY. sistent with such recommendations. Secretary shall convene a working group to (a) IN GENERAL.—Not later than 3 years (d) IMPLEMENTATION.—The Secretary shall review issues relating to— after the date of enactment of this Act, the integrate the recommendations submitted (1) the potential operation of State-sup- Secretary, in consultation with Amtrak, under subsection (c) into its financial assist- ported routes by rail passenger carriers commuter rail authorities, and other pas- ance programs under subtitle V of title 49, other than Amtrak;and senger rail operators, railroad carriers that United States Code, and section 502 of the (2) their role in establishing an integrated own rail infrastructure over which both pas- Railroad Revitalization and Regulatory Re- intercity passenger rail network in the senger and freight trains operate, States, the form Act of 1976 (45 U.S.C. 822), as appro- United States. Surface Transportation Board, the Northeast priate. (b) MEMBERSHIP.—The working group shall Corridor Commission established under sec- SEC. 35308. NORTHEAST CORRIDOR COMMISSION. consist of a balanced representation of— tion 24905, the State-Supported Route Com- (a) COMPOSITION.—Section 24905(a) is (1) the Federal Railroad Administration, mittee established under section 24712, and amended— who shall chair the Working Group; groups representing rail passengers and cus- (1) in paragraph (1)— (2) States that fund State-sponsored tomers, as appropriate, shall complete a (A) in the matter preceding subparagraph routes; study that evaluates— (A), by inserting ‘‘, infrastructure invest- (3) independent passenger rail operators, (1) the shared use of right-of-way by pas- ments,’’ after ‘‘rail operations’’; including those that carry at least 5,000,000 senger and freight rail systems; and (B) by amending subparagraph (B) to read passengers annually in United States or (2) the operational, institutional, and legal as follows: international rail service; ‘‘(B) members representing the Depart- structures that would best support improve- (4) Amtrak; ment of Transportation, including the Office ments to the systems referred to in para- (5) railroads that host intercity State-sup- of the Secretary, the Federal Railroad Ad- graph (1). ported routes; ministration, and the Federal Transit Ad- (b) AREAS OF STUDY.—In conducting the (6) employee representatives from railroad ministration;’’; and study under subsection (a), the Secretary unions and building trade unions with sub- (C) in subparagraph (D) by inserting ‘‘and shall evaluate— stantial engagement in railroad rights of commuter’’ after ‘‘freight’’; and way construction and maintenance; and (1) the access and use of railroad right-of- (2) by amending paragraph (6) to read as (7) other entities determined appropriate way by a rail carrier that does not own the follows: by the Secretary. right-of-way, such as passenger rail services ‘‘(6) The members of the Commission shall (c) RESPONSIBILITIES.—The working group that operate over privately-owned right-of- elect co-chairs consisting of 1 member de- shall evaluate options for improving State- way, including an analysis of— scribed in paragraph (1)(B) and 1 member de- supported routes and may make rec- (A) access agreements; scribed in paragraph (1)(C).’’. ommendations, as appropriate, regarding— (B) costs of access; and (b) STATEMENT OF GOALS AND RECOMMENDA- (1) best practices for State or State author- (C) the resolution of disputes relating to TIONS.—Section 24905(b) is amended— ity governance of State-supported routes; such access or costs; (1) in paragraph (1), by inserting ‘‘and peri- (2) future sources of Federal and non-Fed- (2) the effectiveness of existing contrac- odically update’’ after ‘‘develop’’; eral funding sources for State-supported tual, statutory, and regulatory mechanisms (2) in paragraph (2)(A), by striking ‘‘beyond routes; for establishing, measuring, and enforcing those specified in the state of good repair (3) best practices in obtaining passenger train performance standards, including— plan under section 211 of the Passenger Rail rail operations and services on a competitive (A) the manner in which passenger train Investment and Improvement Act of 2008’’; basis with the objective of creating the high- delays are recorded; and est quality service at the lowest cost to the (B) the assignment of responsibility for ‘‘(3) by adding at the end the following: taxpayer; such delays; and ‘‘(3) SUBMISSION OF STATEMENT OF GOALS, (4) ensuring potential interoperability of (C) the use of incentives and penalties for RECOMMENDATIONS, AND PERFORMANCE RE- State supported routes as a part of a na- performance; PORTS.—The Commission shall submit to the tional network with multiple providers pro- (3) strengths and weaknesses in the exist- Committee on Commerce, Science, and viding integrated services including ing mechanisms described in paragraph (2) Transportation of the Senate and the Com- ticketing, scheduling, and route planning; and possible approaches to address the weak- mittee on Transportation and Infrastructure and nesses; of the House of Representatives—

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5289 ‘‘(A) any updates made to the statement of (3) in subsection (d), as redesignated, by ‘‘(F) identify capital projects and programs goals developed under paragraph (1) not later striking ‘‘to the Commission such sums as that are associated with more than 1 cat- than 60 days after such updates are made; may be necessary for the period encom- egory described in subparagraph (E); and passing fiscal years 2009 through 2013 to ‘‘(G) describe the anticipated outcomes of ‘‘(B) annual performance reports and rec- carry out this section’’ and inserting ‘‘to the each project or program, including an assess- ommendations for improvements, as appro- Secretary for the use of the Commission and ment of— priate, issued not later than March 31 of each the Northeast Corridor Safety Committee ‘‘(i) the potential effect on passenger ac- year, for the prior fiscal year, which summa- such sums as may be necessary to carry out cessibility, operations, safety, reliability, rize— this section during fiscal year 2016 through and resiliency; ‘‘(i) the operations and performance of 2019, in addition to amounts withheld under ‘‘(ii) the ability of infrastructure owners commuter, intercity, and freight rail trans- section 35101(e) of the Railroad Reform, En- and operators to meet regulatory require- portation along the Northeast Corridor; and hancement, and Efficiency Act’’; and ments if the project or program is not fund- ‘‘(ii) the delivery of the capital plan de- (4) in subsection (e)(2), as redesignated, by ed; and scribed in section 24904.’’. striking ‘‘on the main line.’’ and inserting ‘‘(iii) the benefits and costs; and (c) COST ALLOCATION POLICY.—Section ‘‘on the main line and meet annually with ‘‘(H) include a financial plan. 24905(c) is amended— the Commission on the topic of Northeast ‘‘(3) FINANCIAL PLAN.—The financial plan (1) in the subsection heading, by striking Corridor safety and security.’’. under paragraph (2)(H) shall— ‘‘(A) identify funding sources and financing ‘‘ACCESS COSTS’’ and inserting ‘‘ALLOCA- (e) NORTHEAST CORRIDOR PLANNING.— TION OF COSTS’’; (1) AMENDMENT.—Chapter 249 is amended— methods; (2) in paragraph (1)— (A) by redesignating section 24904 as sec- ‘‘(B) identify the expected allocated shares (A) in the paragraph heading, by striking tion 24903; and of costs pursuant to the cost allocation pol- ‘‘FORMULA’’ and inserting ‘‘POLICY’’; (B) by inserting after section 24903, as re- icy developed under section 24905(c); (B) in the matter preceding subparagraph designated, the following: ‘‘(C) identify the projects and programs (A), by striking ‘‘Within 2 years after the that the Commission expects will receive date of enactment of the Passenger Rail In- ‘‘§ 24904. Northeast Corridor planning Federal financial assistance; and vestment and Improvement Act of 2008, the (a) NORTHEAST CORRIDOR CAPITAL INVEST- ‘‘(D) identify the eligible entity or entities Commission’’ and inserting ‘‘The Commis- MENT PLAN.— that the Commission expects will receive the sion’’; ‘‘(1) REQUIREMENT.—Not later than May 1 Federal financial assistance described under (C) in subparagraph (A), by striking ‘‘for- of each year, the Northeast Corridor Com- subparagraph (C). mula’’ and inserting ‘‘policy’’; and mission established under section 24905 (re- ‘‘(b) FAILURE TO DEVELOP A CAPITAL IN- (D) by striking subparagraph (B) through ferred to in this section as the ‘‘Commis- VESTMENT PLAN.—If a capital investment (D) and inserting the following: sion’) shall— plan has not been developed by the Commis- ‘‘(B) develop a proposed timetable for im- ‘‘(A) develop a capital investment plan for sion for a given fiscal year, then the funds plementing the policy; the Northeast Corridor main line between assigned to the account established under ‘‘(C) submit the policy and timetable de- Boston, Massachusetts, and the Virginia Av- section 24319(b) for that fiscal year may be veloped under subparagraph (B) to the Sur- enue interlocking in the District of Colum- spent only on— face Transportation Board, the Committee bia, and the Northeast Corridor branch lines ‘‘(1) capital projects described in clause (i) on Commerce, Science, and Transportation connecting to Harrisburg, Pennsylvania, or (iii) of subsection (a)(2)(E) of this section; of the Senate, and the Committee on Trans- Springfield, Massachusetts, and Spuyten or portation and Infrastructure of the House of Duyvil, New York, including the facilities ‘‘(2) capital projects described in sub- Representatives; and services used to operate and maintain section (a)(2)(E)(iv) of this section that are ‘‘(D) not later than October 1, 2015, adopt those lines; and for the sole benefit of Amtrak. and implement the policy in accordance with ‘‘(B) submit the capital investment plan to ‘‘(c) NORTHEAST CORRIDOR ASSET MANAGE- the timetable; and the Secretary of Transportation and the MENT.— ‘‘(E) with the consent of a majority of its Committee on Commerce, Science, and ‘‘(1) CONTENTS.—With regard to its infra- members, the Commission may petition the Transportation of the Senate and the Com- structure, Amtrak and each State and public Surface Transportation Board to appoint a mittee on Transportation and Infrastructure transportation entity that owns infrastruc- mediator to assist the Commission members of the House of Representatives. ture that supports or provides for intercity through nonbinding mediation to reach an ‘‘(2) CONTENTS.—The capital investment rail passenger transportation on the North- agreement under this section.’’; plan shall— east Corridor shall develop an asset manage- (3) in paragraph (2)— ‘‘(A) reflect coordination and network opti- ment system and develop and update, as nec- (A) by striking ‘‘formula proposed in’’ and mization across the entire Northeast Cor- essary, a Northeast Corridor asset manage- inserting ‘‘policy developed under’’; and ridor; ment plan for each service territory de- (B) in the second sentence— ‘‘(B) integrate the individual capital and scribed in subsection (a) that— (i) by striking ‘‘the timetable, the Com- service plans developed by each operator ‘‘(A) are consistent with the Federal Tran- mission shall petition the Surface Transpor- using the methods described in the cost allo- sit Administration process, as authorized tation Board to’’ and inserting paragraph cation policy developed under section under section 5326, when implemented; and (1)(D) or fail to comply with the policy 24905(c); ‘‘(B) include, at a minimum— thereafter, the Surface Transportation Board ‘‘(C) cover a period of 5 fiscal years, begin- ‘‘(i) an inventory of all capital assets shall’’; and ning with the first fiscal year after the date owned by the developer of the asset manage- (ii) by striking ‘‘amounts for such services on which the plan is completed; ment plan; in accordance with section 24904(c) of this ‘‘(D) notwithstanding section 24902(b), ‘‘(ii) an assessment of asset condition; title’’ and inserting ‘‘for such usage in ac- identify, prioritize, and phase the implemen- ‘‘(iii) a description of the resources and cordance with the procedures and procedural tation of projects and programs to achieve processes necessary to bring or maintain schedule applicable ‘‘to a proceeding under the service outcomes identified in the North- those assets in a state of good repair, includ- section 24903(c), after taking into consider- east Corridor service development plan and ing decision-support tools and investment ation the policy developed under paragraph the asset condition needs identified in the prioritization methods; and (1)(A), as applicable’’; Northeast Corridor asset management plans, ‘‘(iv) a description of changes in asset con- (4) in paragraph (3), by striking ‘‘formula’’ once available, and consider— dition since the previous version of the plan. and inserting ‘‘policy’’; and ‘‘(i) the benefits and costs of capital invest- ‘‘(2) TRANSMITTAL.—Each entity described (5) by adding at the end the following: ments in the plan; in paragraph (1) shall transmit to the Com- ‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If ‘‘(ii) project and program readiness; mission— a dispute arises with the implementation of, ‘‘(iii) the operational impacts; and ‘‘(A) not later than 2 years after the date of or compliance with, the policy developed ‘‘(iv) funding availability; enactment of the Railroad Reform, Enhance- under paragraph (1), the Commission, Am- ‘‘(E) categorize capital projects and pro ment, and Efficiency Act, its Northeast Cor- trak, or public authorities providing com- grams as primarily associated with; ridor asset management plan developed muter rail passenger transportation on the ‘‘(i) normalized capital replacement and under paragraph (1); and Northeast Corridor may request that the basic infrastructure renewals; ‘‘(B) at least biennial thereafter, an update Surface Transportation Board conduct dis- ‘‘(ii) replacement or rehabilitation of to its Northeast Corridor asset management pute resolution. The Surface Transportation major Northeast Corridor infrastructure as- plan. Board shall establish procedures for resolu- sets, including tunnels, bridges, stations, and ‘‘(d) NORTHEAST CORRIDOR SERVICE DEVEL- tion of disputes brought before it under this other assets; OPMENT PLAN UPDATES.—Not less frequently paragraph, which may include the provision ‘‘(iii) statutory, regulatory, or other legal than once every 10 years, the Commission of professional mediation services.’’. mandates; shall update the Northeast Corridor service (d) CONFORMING AMENDMENTS.—Section ‘‘(iv) improvements to support service en- development plan.’’. 24905 is amended— hancements or growth; or (2) CONFORMING AMENDMENTS.— (1) by striking subsection (d); ‘‘(v) strategic initiatives that will improve (A) NOTE AND MORTGAGE.—Section 24907(a) (2) by redesignating subsections (e) and (f) overall operational performance or lower is amended by striking ‘‘section 24904 of this as subsections (d) and (e), respectively; costs; title’’ and inserting ‘‘section 24903’’.

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(B) TABLE OF CONTENTS AMENDMENT.— (D) any significant impediments to under- (c) CONFIDENTIAL DATA.—The Secretary The table of contents for chapter 249 is taking joint procurements, including any shall protect sensitive or confidential to the amended— necessary harmonization and reconciliation greatest extent permitted by law. Nothing in (i) by redesignating the item relating to of Federal and State procurement or safety this section shall require any entity to pro- section 24904 as relating to section 24903; and regulations or standards and other require- vide information to the Secretary in the ab- (ii) by inserting after the item relating to ments; and sence of a voluntary agreement. section 24903, as redesignated, the following: (E) whether to create Federal incentives or SEC. 35311. PERFORMANCE-BASED PROPOSALS. ‘‘24904. Northeast Corridor planning.’’. requirements relating to considering or car- (a) SOLICITATION OF PROPOSALS.— (3) REPEAL.—Section 211 of the Passenger rying out joint procurements when expend- (1) IN GENERAL.—Not later than 30 days Rail Investment and Improvement Act of ing Federal funds. after the date of enactment of this Act, the 2008 (division B of Public Law 110–432; 49 (3) TRANSMISSION.—Not later than 60 days Secretary shall issue a request for proposals U.S.C. 24902 note) is repealed. after completing the study required under for projects for the financing, design, con- SEC. 35309. NORTHEAST CORRIDOR THROUGH- this subsection, the Secretary shall submit struction, operation, and maintenance of an TICKETING AND PROCUREMENT EF- to the Committee on Commerce, Science, intercity passenger rail system, including— FICIENCIES. and Transportation of the Senate and the (A) the Northeast Corridor; (a) THROUGH-TICKETING STUDY.— Committee on Transportation and Infra- (B) the California Corridor; (1) IN GENERAL.—Not later than 3 years structure of the House of Representatives a (C) the Empire Corridor; after the date of enactment of this Act, the report that includes— (D) the Pacific Northwest Corridor; Northeast Corridor Commission established (A) the results of the study; and (E) the South Central Corridor; (B) any recommendations for further ac- under section ‘‘24905(a) of title 49, United (F) the Gulf Coast Corridor; tion. States Code (referred to in this section as (G) the Chicago Hub Network; (c) NORTHEAST CORRIDOR.—In this section, the ‘‘Commission’’), in consultation with (H) the Florida Corridor; the term ‘‘Northeast Corridor’’ means the Amtrak and the commuter rail passenger (I) the Keystone Corridor; Northeast Corridor main line between Bos- transportation providers along the Northeast (J) the Northern New England Corridor; ton, Massachusetts, and the Virginia Avenue Corridor shall complete a study on the feasi- and interlocking in the District of Columbia, and bility of and options for permitting through- (K) the Southeast Corridor. ticketing between Amtrak service and com- the Northeast Corridor branch lines con- (2) SUBMISSION.—Proposals shall be sub- necting to Harrisburg, Pennsylvania, Spring- muter rail services on the Northeast Cor- mitted to the Secretary not later than 180 field, Massachusetts, and Spuyten Duyvil, ridor. days after the publication of such request for (2) CONTENTS.—In completing the study New York, including the facilities and serv- proposals under paragraph graph (1). under paragraph (1), the Northeast Corridor ices used to operate and maintain those (3) PERFORMANCE STANDARD.—Proposals Commission shall— lines. submitted under paragraph (2) shall meet (A) examine the current state of intercity SEC. 35310. DATA AND ANALYSIS. any standards established by the Secretary. and commuter rail ticketing technologies, (a) DATA.—Not later than 3 years after the For corridors with existing intercity pas- policies, and other relevant aspects on the date of enactment of this Act, the Secretary, senger rail service, proposals shall also be Northeast Corridor; in consultation with the Surface Transpor- designed to achieve a reduction of existing (B) consider and recommend technology, tation Board, Amtrak, freight railroads, minimum intercity rail service trip times process, policy, or other options that would State and local governments, and regional between the main corridor city pairs by a permit through-ticketing to allow intercity business, tourism and economic development minimum of 25 percent. In the case of a pro- and commuter rail passengers to purchase, agencies shall conduct a data needs assess- posal submitted with respect to paragraph in a single transaction, travel that utilizes ment— (1)(A), the proposal shall be designed to Amtrak and connecting commuter rail serv- (1) to support the development of an effi- achieve a 2-hour or less express service be- ices; cient and effective intercity passenger rail (C) consider options to expand through tween Washington, District of Columbia, and network; New York City, New York. ticketing to include local transit services; (2) to identify the data needed to conduct (4) CONTENTS.—A proposal submitted under (D) summarize costs, benefits, opportuni- cost-effective modeling and analysis for this subsection shall include— ties, and impediments to developing such intercity passenger rail development pro- (A) the names and qualifications of the through-ticketing options; and grams; persons submitting the proposal and the en- (E) develop a proposed methodology, in- (3) to determine limitations to the data tities proposed to finance, design, construct, cluding cost and schedule estimates, for car- used for inputs; operate, and maintain the railroad, railroad rying out a pilot program on through- (4) to develop a strategy to address such equipment, and related facilities, stations, ticketing on the Northeast Corridor. limitations; (3) REPORT.—Not later than 60 days after (5) to identify barriers to accessing exist- and infrastructure; the date the study under paragraph (1) is ing data; (B) a detailed description of the proposed complete, the Commission shall submit to (6) to develop recommendations regarding rail service, including possible routes, re- the Committee on Commerce, Science, and whether the authorization of additional data quired infrastructure investments and im- Transportation of the Senate and the Com- collection for intercity passenger rail travel provements, equipment needs and type, train mittee on Transportation and Infrastructure is warranted; and frequencies, peak and average operating of the House of Representatives a report that (7) to determine which entities will be re- speeds, and trip times; includes— sponsible for generating or collecting needed (C) a description of how the project would (A) the results of the study; and data. comply with all applicable Federal rail safe- (B) any recommendations for further ac- (b) BENEFIT-COST ANALYSIS.—Not later ty and security laws, orders, and regulations; tion. than 180 days after the date of enactment of (D) the locations of proposed stations, (b) JOINT PROCUREMENT STUDY.— this Act, the Secretary shall enhance the which maximize the usage of existing infra- (1) IN GENERAL.—Not later than 3 years usefulness of assessments of benefits and structure to the extent possible, and the pop- after the date of enactment of this Act, the costs, for intercity passenger rail and freight ulations such stations are intended to serve; Secretary, in cooperation with the Commis- rail projects— (E) the type of equipment to be used, in- sion, Amtrak, and commuter rail transpor- (1) by providing ongoing guidance and cluding any technologies, to achieve trip tation authorities on the Northeast Corridor training on developing benefit and cost in- time goals; shall complete a study of the potential bene- formation for rail projects; (F) a description of any proposed legisla- fits resulting from Amtrak and such authori- (2) by providing more direct and consistent tion needed to facilitate all aspects of the ties undertaking select joint procurements requirements for assessing benefits and costs project; for common materials, assets, and equip- across transportation funding programs, in- (G) a financing plan identifying— ment when expending Federal funds for such cluding the appropriate use of discount (i) projected revenue, and sources thereof; purchases. rates; (ii) the amount of any requested public (2) CONTENTS.—In completing the study (3) by requiring applicants to clearly com- contribution toward the project, and pro- under paragraph (1), the Secretary shall con- municate the methodology used to calculate posed sources; sider— the project benefits and costs, including non- (iii) projected annual ridership projections (A) the types of materials, assets, and proprietary information on— for the first 10 years of operations; equipment that are regularly purchased by (A) assumptions underlying calculations; (iv) annual operations and capital costs; Amtrak and such authorities that are simi- (B) strengths and limitations of data used; (v) the projected levels of capital invest- lar and could be jointly procured; and ments required both initially and in subse- (B) the potential benefits of such joint pro- (C) the level of uncertainty in estimates of quent years to maintain a state-of-good-re- curements, including lower procurement project benefits and costs; and pair necessary to provide the initially pro- costs, better pricing, greater market rel- (4) by ensuring that applicants receive posed level of service or higher levels of serv- evancy, and other efficiencies; clear and consistent guidance on values to ice; (C) the potential costs of such joint pro- apply for key assumptions used to estimate (vi) projected levels of private investment curements; potential project benefits and costs. and sources thereof, including the identity of

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Committee on Commerce, Science, and secure funding and the amount of such com- (3) CHAIRPERSON AND VICE-CHAIRPERSON SE- Transportation of the Senate and the Com- mitment; and LECTION.—The Chairperson and Vice-Chair- mittee on Transportation and Infrastructure (vii) projected funding for the full fair mar- person shall be elected from among members of the House of Representatives a report con- ket compensation for any asset, property of each commission. taining any proposal with respect to sub- right or interest, or service acquired from, (4) QUORUM AND VACANCY.— paragraphs (B) through (K) of subsection owned, or held by a private person or Federal (A) QUORUM.—A majority of the members (a)(1) that are selected by the Secretary entity that would be acquired, impaired, or of each commission shall constitute a under paragraph (1) of this subsection, all diminished in value as a result of a project, quorum. the information regarding the proposal pro- except as otherwise agreed to by the private (B) VACANCY.—Any vacancy in each com- vided to the Secretary under subsection (d), person or entity; mission shall not affect its powers and shall and any other information the Secretary (H) a description of how the project would be filled in the same manner in which the considers relevant. contribute to the development of the inter- original appointment was made. (3) LIMITATION ON REPORT SUBMISSION.—The city passenger rail system and an intermodal (5) Application of Law.—Except where oth- report required under paragraph (2) shall not plan describing how the system will facili- erwise provided by this section, the Federal be submitted by the Secretary until the re- tate convenient travel connections with Advisory Committee Act (5 U.S.C. App.) port submitted under paragraph (1)(B) has other transportation services; shall apply to each commission created been considered through a hearing by the (I) a description of how the project will en- under this section. Committee on Commerce, Science, and sure compliance with Federal laws governing (d) COMMISSION CONSIDERATION.— Transportation of the Senate and the Com- (1) IN GENERAL.—Each commission estab- the rights and status of employees associ- mittee on Transportation and Infrastructure lished under subsection (b)(2) shall be re- ated with the route and service, including of the House of Representatives on the re- sponsible for reviewing the proposal or pro- those specified in section 24405 of title 49, port submitted under paragraph (1)(B). posals forwarded to it under that subsection United States Code; (f) NO ACTIONS WITHOUT ADDITIONAL AU- and not later than 90 days after the estab- (J) a description of how the design, con- THORITY.—No Federal agency may take any struction, implementation, and operation of lishment of the commission, shall transmit action to implement, establish, facilitate, or the project will accommodate and allow for to the Secretary a report, including— otherwise act upon any proposal submitted (A) a summary of each proposal received; future growth of existing and projected under this section, other than those actions (B) services to be provided under each pro- intercity, commuter, and freight rail service; specifically authorized by this section, with- posal, including projected ridership, reve- (K) a description of how the project would out explicit statutory authority enacted nues, and costs; comply with Federal and State environ- (C) proposed public and private contribu- after the date of enactment of this Act. (g) DEFINITIONS.—In this section: mental laws and regulations, of what envi- tions for each proposal; (1) INTERCITY PASSENGER RAIL.—The term ronmental impacts would result from the (D) the advantages offered by the proposal ‘‘intercity passenger rail’’ means intercity project, and of how any adverse impacts over existing intercity passenger rail serv- rail passenger transportation as defined in would be mitigated; and ices; (L) a description of the project’s impacts (E) public operating subsidies or assets section 24102 of title 49, United States Code. (2) STATE.—The term ‘‘State’’ means any of on highway and aviation congestion, energy needed for the proposed project; consumption, land use, and economic devel- (F) possible risks to the public associated the 50 States or the District of Columbia. opment in the service area. with the proposal, including risks associated SEC. 35312. AMTRAK INSPECTOR GENERAL. (b) DETERMINATION AND ESTABLISHMENT OF with project financing, implementation, (a) AUTHORITY.— COMMISSIONS.—Not later than 90 days after completion, safety, and security; (1) IN GENERAL.—The Inspector General of receipt of the proposals under subsection (a), (G) a ranked list of the proposals rec- Amtrak shall have the authority available to the Secretary shall— ommended for further consideration under other Inspectors General, as necessary in (1) make a determination as to whether subsection (e) in accordance with each pro- carrying out the duties specified in the In- any such proposals— posal’s projected positive impact on the Na- spector General Act of 1978 (5 U.S.C. App.), to (A) contain the information required under tion’s transportation system; investigate any alleged violation of sections paragraphs (3) and (4) of subsection (a); (H) an identification of any proposed Fed- 286, 287, 371, 641, 1001, 1002 and 1516 of title 18, (B) are sufficiently credible to warrant fur- eral legislation that would facilitate imple- United States Code. ther consideration; mentation of the projects and Federal legis- (2) AGENCY.—For purposes of sections 286, (C) are likely to result in a positive impact lation that would be required to implement 287, 371, 641, 1001, 1002, and 1516 of title 18, on the Nation’s transportation system; and the projects; and United States Code, Amtrak and the Amtrak (D) are cost-effective and in the public in- (I) any other recommendations by the com- Office of Inspector General, shall be consid- terest; mission concerning the proposed projects. ered a corporation in which the United (2) establish a commission under sub- (2) VERBAL PRESENTATION.—Proposers shall States has a proprietary interest as set forth section (c) for each corridor with 1 or more be given an opportunity to make a verbal in section 6 of that title. proposals that the Secretary determines sat- presentation to the commission to explain (b) ASSESSMENT.—The Inspector General of isfy the requirements of paragraph (1); and their proposals. Amtrak shall— (3) forward to each commission established (3) AUTHORIZATION OF APPROPRIATIONS.— (1) not later than 60 days after the date of under paragraph (2) the applicable proposals There is authorized to be appropriated to the enactment of this Act, initiate an assess- for review and consideration. Secretary for the use of each commission es- ment to determine whether current expendi- (c) COMMISSIONS.— tablished under subsection (b)(2) such sums tures or procurements involving Amtrak’s (1) MEMBERS.—Each commission estab- as are necessary to carry out this section. fulfillment of the Americans with Disabil- lished under subsection (b)(2) shall include— (e) SELECTION BY SECRETARY.— ities Act of 1990 (42 U.S.C. 12101 et seq.) uti- (A) the governors of the affected States, or (1) IN GENERAL.—Not later than 60 days lize competitive, market-driven provisions their respective designees; after receiving the recommended proposals that are applicable throughout the entire (B) mayors of appropriate municipalities of the commissions established under sub- term of such related expenditures or procure- with stops along the proposed corridor, or section (b)(2), the Secretary shall— ments; and their respective designees; (A) review such proposals and select any (2) not later than 6 months after the date (C) a representative from each freight rail- proposal that provides substantial benefits of enactment of this Act, transmit to the road carrier using the relevant corridor, if to the public and the national transportation Committee on Commerce, Science, and applicable; system, is cost-effective, offers significant Transportation of the Senate and the Com- (D) a representative from each transit au- advantages over existing services, and meets mittee on Transportation and Infrastructure thority using the relevant corridor, if appli- other relevant factors determined appro- of the House of Representatives the assess- cable; priate by the Secretary; and ment under paragraph (1). (E) representatives of nonprofit employee (B) submit to the Committee on Com- (c) LIMITATION.—The authority provided by labor organizations representing affected merce, Science, and Transportation of the subsections (a) and (b) shall be effective only railroad employees; and Senate and the Committee on Transpor- with respect to a fiscal year for which Am- (F) the President of Amtrak or his or her tation and Infrastructure of the House of trak receives a Federal subsidy. designee. Representatives a report containing any pro- SEC. 35313. MISCELLANEOUS PROVISIONS. (2) APPOINTMENT AND SELECTION.—The Sec- posal with respect to subsection (a)(1)(A) (a) TITLE 49 AMENDMENTS.— retary shall appoint the members under that is selected by the Secretary under sub- (1) CONTINGENT INTEREST RECOVERIES.—Sec- paragraph (1). In selecting each commis- paragraph (A) of this paragraph, all the in- tion 22106(b) is amended by striking ‘‘inter- sion’s members to fulfill the requirements formation regarding the proposal provided to est thereof’’ and inserting ‘‘interest there- under subparagraphs (B) and (E) of para- the Secretary under subsection (d), and any on’’. graph (1), the Secretary shall consult with other information the Secretary considers (2) AUTHORITY.—Section 22702(b)(4) is the Chairperson and Ranking Member of the relevant. amended by striking ‘‘5 years for reapproval Committee on Commerce, Science, and (2) SUBSEQUENT REPORT.—Following the by the Secretary’’ and inserting ‘‘4 years for Transportation of the Senate and of the submission of the report under paragraph acceptance by the Secretary’’.

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(3) CONTENTS OF STATE RAIL PLANS.—Sec- (1) REQUIREMENTS.—Not later than 18 walks and pathways, crosses 1 or more rail- tion 22705(a) is amended by striking para- months after the Secretary develops and dis- road tracks either at grade or grade-sepa- graph (12). tributes the model plan under subsection (a), rated; or (4) Mission.—Section 24101(b) is amended the Secretary shall promulgate a rule that (B) a pathway explicitly authorized by a by striking ‘‘of subsection (d)’’ and inserting requires— public authority or a railroad carrier that is ‘‘set forth in subsection (c)’’. (A) each State, except the 10 States identi- dedicated for the use of non-vehicular traf- (5) TABLE OF CONTENTS AMENDMENT.—The fied under section 202 of the Rail Safety Im- fic, including pedestrians, bicyclists, and table of contents for chapter 243 is amended provement Act of 2008 (49 U.S.C. 22501 note), others, that is not associated with a public by striking the item relating to section 24316 to develop and implement a State highway- highway, road, or street, or a private road- and inserting the following: rail grade crossing action plan; and way, crosses or more railroad tracks either at grade or grade-separated. ‘‘24316. Plans to address the needs of families (B) each State that was identified under section 202 of the Rail Safety Improvement (2) STATE.—The term ‘‘State’’ means a of passengers involved in rail State of the United States or the District of passenger accidents.’’. Actof 2008 (49 U.S.C. 22501 note), to update its State action plan under that section and Columbia. (6) UPDATE.—Section 24305(f)(3) is amended submit to the Secretary the updated State SEC. 35402. SPEED LIMIT ACTION PLANS. by striking ‘‘$1,000,000’’ and inserting action plan and a report describing what the (a) IN GENERAL.—Not later than 90 days ‘‘$5,000,000’’. State did to implement its previous State after the date of enactment of this Act, each (7) AMTRAK.—Chapter 247 is amended— action plan under that section and how it railroad carrier providing intercity rail pas- (A) in section 24702(a), by striking ‘‘not in- will continue to reduce highway-rail grade senger transportation or commuter rail pas- cluded in the national rail passenger trans- crossing safety risks. senger transportation, in consultation with portation system’’; (2) CONTENTS.—Each State plan required any applicable host railroad carrier, shall (B) in section 24706— under this subsection shall— survey its entire system and identify each (i) in subsection (a)— (A) identify highway-rail grade crossings main track location where there is a reduc- (I) in paragraph (1), by striking ‘‘a dis- that have experienced recent highway-rail tion of more than 20 miles per hour from the continuance under section 24704 or or’’; and grade crossing accidents or incidents, or are approach speed to a curve or bridge and the (II) in paragraph (2), by striking ‘‘section at highrisk for accidents or incidents; maximum authorized operating speed for 24704 or’’; and (B) identify specific strategies for improv- passenger trains at that curve or bridge. (ii) in subsection (b), by striking ‘‘section ing safety at highway-rail grade crossings, (b) ACTION PLANS.—Not later than 120 days 24704 or’’; and including highway-rail grade crossing clo- after the date that the survey under sub- (C) in section 24709, by striking ‘‘The Sec- sures or grade separations; and section retary of the Treasury and the Attorney (C) designate a State official responsible (a) is complete, a rail passenger carrier General,’’ and inserting ‘‘The Secretary of for managing implementation of the State shall submit to the Secretary an action plan Homeland Security,’’. plan under subparagraph (A) or (B) of para- that— (1) identifies each main track location (b) PASSENGER RAIL INVESTMENT AND IM- graph (1), as applicable. where there is a reduction of more than PROVEMENT ACT AMENDMENTS.—Section (3) Assistance.—The Secretary shall pro- miles per hour from the approach speed to a 305(a) of the Passenger Rail Investment and vide assistance to each State in developing curve or bridge and the maximum authorized Improvement Act of 2008 (49 U.S.C. 24101 and carrying out, as appropriate, the State operating speed for pas senger trains at that note) is amended by inserting ‘‘nonprofit or- plan under this subsection. curve or bridge; ganizations representing employees who per- (4) PUBLIC AVAILABILITY.—Each State shall form overhaul and maintenance of passenger (2) describes appropriate actions, including submit its final State plan under this sub- modification to automatic train control sys- railroad equipment,’’ after ‘‘equipment man- section to the Secretary for publication. The tems, if applicable, other signal systems, in- ufacturers,’’. Secretary shall make each approved State creased crew size, improved signage, or other Subtitle D—Rail Safety plan publicly available on an official Inter- practices, including increased crew commu- PART I—SAFETY IMPROVEMENT net Web site. nication, to enable warning and enforcement (5) CONDITIONS.—The Secretary may condi- of the maximum authorized speed for pas- SEC. 35401. HIGHWAY-RAIL GRADE CROSSING tion the awarding of a grant to a State under senger trains at each location identified SAFETY. chapter 244 of title 49, United States Code, on (a) MODEL STATE HIGHWAY-RAIL GRADE under paragraph (1); that State submitting an acceptable State (3) contains milestones and target dates for CROSSING ACTION PLAN.— plan under this subsection. (1) IN GENERAL.—Not later than 1 year after implementing each appropriate action de- (6) REVIEW OF ACTION PLANS.—Not later scribed under paragraph (2); and the date of enactment of this Act, the Sec- than 60 days after the date of receipt of a retary shall develop a model of a State-spe- (4) ensures compliance with the maximum State plan under this subsection, the Sec- authorized speed at each location identified cific highway-rail grade crossing action plan retary shall— and distribute the model plan to each State. under paragraph (1). (A) if the State plan is approved, notify the (c) APPROVAL.—Not later than 90 days after (2) CONTENTS.—The plan developed under State and publish the State plan under para- the date an action plan is submitted under paragraph (1) shall include— graph (4); and subsection (a), the Secretary shall approve, (A) methodologies, tools, and data sources (B) if the State plan is incomplete or defi- approve with conditions, or disapprove the for identifying and evaluating highway-rail cient, notify the State of the specific areas action plan. grade crossing safety risks, including the in which the plan is deficient and allow the (d) ALTERNATIVE SAFETY MEASURES.—The public safety risks posed by blocked high- State to complete the plan or correct the de- Secretary may exempt from the require- way-rail grade crossings due to idling trains; ficiencies and resubmit the plan under para- ments of this section each segment of track (B) best practices to reduce the risk of graph (1). for which operations are governed by a posi- highway-rail grade crossing accidents or in- (7) DEADLINE.—Not later than 60 days after tive train control system certified under sec- cidents and to alleviate the blockage of high- the date of a notice under paragraph (6)(B), a tion 20157 of title 49, United States Code, or way rail grade crossings due to idling trains, State shall complete the plan or correct the any other safety technology or practice that including strategies for— deficiencies and resubmit the plan. would achieve an equivalent or greater level (i) education, including model stakeholder (8) FAILURE TO COMPLETE OR CORRECT of safety in reducing derailment risk. engagement plans or tools; PLAN.—If a State fails to meet the deadline (e) REPORT.—Not later than 6 months after (ii) engineering, including the benefits and under paragraph (7), the Secretary shall post the date of the enactment of this Act, the costs of different designs and technologies on the Web site under paragraph (4) a notice Secretary shall submit a report to the Com- used to mitigate highway-rail grade crossing that the State has an incomplete or deficient mittee on Commerce, Science, and Transpor- safety risks; and highway-rail grade cross ing action plan. tation of the Senate and the Committee on (iii) enforcement, including the strengths (c) RAILWAY-HIGHWAY CROSSINGS FUNDS.— Transportation and Infrastructure of the and weaknesses associated with different en- The Secretary may use funds made available House of Representatives that describes— forcement methods; to carry out section 130 of title 23, United (1) the actions the railroad carriers have (C) for each State, a customized list and States Code, to provide States with funds to taken in response to Safety Advisory 2013–08, data set of the highway-rail grade crossing develop a State highway-rail grade crossing entitled ‘‘Operational Tests and Inspections accidents or incidents in that State over the action plan under subsection (b)(1)(A) of this for Compliance With Maximum Authorized past 3 years, including the location, number section or to update a State action plan Train Speeds and Other Speed Restrictions’’; of deaths, and number of injuries for each ac- under subsection (b)(1)(B) of this section. (2) the actions the railroad carriers have cident or incident; and (d) Definitions.—In this section: taken in response to Safety Advisory 2015–03, (D) contact information of a Department of (1) HIGHWAY-RAIL GRADE CROSSING.—The entitled ‘‘Operational and Signal Modifica- Transportation safety official available to term ‘‘highway-rail grade crossing’’ means a tions for Compliance with Maximum Author- assist the State in adapting the model plan location within a State, other than a loca- ized Passenger Train Speeds and Other Speed to satisfy the requirements under subsection tion where 1 or more railroad tracks cross 1 Restrictions’’; and (b). or more railroad tracks at grade, where— (3) the actions the Federal Railroad Ad- (b) STATE HIGHWAY-RAIL GRADE CROSSING (A) a public highway, road, or street, or a ministration has taken to evaluate or incor- ACTION PLANS.— private roadway, including associated side- porate the information and findings arising

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5293 from the safety advisories referred to in of a positive train control system by the (2) the implementation of private highway- paragraphs (1) and (2) into the development railroad carrier, shall analyze and, as appro- rail crossing safety measures, including sign- of regulatory action and oversight activities. priate, prioritize technologies and practices age and warning systems. (f) SAVINGS CLAUSE.—Nothing in this sec- to mitigate the risk of overspeed (c) REPORT.—Not later than 1 year after tion shall prohibit the Secretary from apply- derailments.’’. the date of enactment of this Act, the Sec- ing the requirements of this section to other SEC. 35407. COMMUTER RAIL TRACK INSPEC- retary shall transmit to the Committee on segments of track at high risk of over speed TIONS. Commerce, Science, and Transportation of derailment. (a) IN GENERAL.—The Secretary shall the Senate and the Committee on Transpor- SEC. 35403. SIGNAGE. evaluate track inspection regulations to de- tation and Infrastructure of the House of termine if a railroad carrier providing com- Representatives a report of the findings of (a) IN GENERAL.—The Secretary shall pro- muter rail passenger transportation on high the study and any recommendations for fur- mulgate such regulations as the Secretary ther action. considers necessary to require each railroad density commuter railroad lines should be SEC. 35410. REPAIR AND REPLACEMENT OF DAM- carrier providing intercity rail passenger required to in spect the lines in the same manner as currently required for other com- AGED TRACK INSPECTION EQUIP- transportation or commuter rail passenger MENT. transportation, in consultation with any ap- muter railroad lines. (b) RULEMAKING.—Considering safety, in- (a) IN GENERAL.—Subchapter I of chapter plicable host railroad carrier, to install signs cluding railroad carrier employee and con- 201 is amended by inserting after section to warn train crews before the train ap- tractor safety, and system capacity, the Sec- 20120 the following: proaches a location that the Secretary iden- retary may promulgate a rule for high den- 20121. Repair and replacement of damaged tifies as having high risk of overspeed derail- sity commuter railroad lines. If, after the track inspection equipment ment. evaluation under subsection (a), the Sec- The Secretary of Transportation may re- (b) ALTERNATIVE SAFETY MEASURES.—The ceive and expend cash, or receive and utilize Secretary may exempt from the require- retary determines that it is necessary to pro- spare parts and similar items, from non- ments of this section each segment of track mulgate a rule, the Secretary shall specifi- United States Government sources to repair for which operations are governed by a posi- cally consider the following regulatory re- damages to or replace United States Govern- tive train control system certified under sec- quirements for high density commuter rail- ment owned automated track inspection cars tion 20157 of title 49, United States Code, or road lines: (1) At least once every 2 weeks— and equipment as a result of third-party li- any other safety technology or practice that (A) traverse each main line by vehicle; or ability for such damages, and any amounts would achieve an equivalent or greater level (B) inspect each main line on foot. collected under this section shall be credited of safety in reducing derailment risk. (2) At least once each month, traverse and directly to the Railroad Safety and Oper- SEC. 35404. ALERTERS. inspect each siding by vehicle or by foot. ations account of the Federal Railroad Ad- (a) IN GENERAL.—The Secretary shall pro- (c) REPORT.—If, after the evaluation under ministration, and shall remain available mulgate a rule to require a working alerter subsection (a), the Secretary determines it is until expended for the repair, operation, and in the controlling locomotive of each pas- not necessary to revise the regulations under maintenance of automated track inspection senger train in intercity rail passenger this section, the Secretary, not later than 18 cars and equipment in connection with the transportation (as defined in section 24102 of months after the date of enactment of this automated track inspection program.’’. title 49, United States Code) or commuter Act, shall transmit a report to the Com- (b) CONFORMING AMENDMENT.—The table of rail passenger transportation (as defined in mittee on Commerce, Science, and Transpor- contents for subchapter I of chapter 201 is section 24102 of title 49, United States Code). tation of the Senate and the Committee on amended by adding after section 21020 the (b) RULEMAKING.— Transportation and Infrastructure of the following: (1) IN GENERAL.—The Secretary may pro- House of Representatives explaining the rea- ‘‘20121. Repair and replacement of damaged mulgate a rule to specify the essential sons for not revising the regulations. track inspection equipment.’’. functionalities of a working alerter, includ- (d) CONSTRUCTION.—Nothing in this section SEC. 35411. RAIL POLICE OFFICERS. ing the manner in which the alerter can be may be construed to limit the authority of (a) IN GENERAL.—Section 28101 is amend- reset. the Secretary to pro mulgate regulations or ed— (2) ALTERNATE PRACTICE OR TECHNOLOGY.— issue orders under any other law. (1) by striking ‘‘employed by’’ each place it The Secretary may require or allow a tech- SEC. 35408. EMERGENCY RESPONSE. appears and inserting ‘‘directly employed by nology or practice in lieu of a working (a) IN GENERAL.—The Secretary, in con- or contracted by’’; alerter if the Secretary determines that the sultation with railroad carriers, shall con- (2) in subsection (b), by inserting ‘‘or technology or practice would achieve an duct a study to determine whether limita- agent, as applicable,’’ after ‘‘an employee’’; equivalent or greater level of safety in en- tions or weaknesses exist in the emergency and (3) by adding at the end the following: hancing or ensuring appropriate locomotive response information carried by train crews control. (c) TRANSFERS.— transporting hazardous materials. ‘‘(1) IN GENERAL.—If a railroad police offi- SEC. 35405. SIGNAL PROTECTION. (b) CONTENTS.—In conducting the study cer directly employed by or contracted by a (a) IN GENERAL.—The Secretary shall pro- under subsection (a), the Secretary shall rail carrier and certified or commissioned as mulgate regulations to require, not later evaluate the differences between the emer- a police officer under the laws of a State than 18 months after the date of the enact- gency response information carried by train transfers primary employment or residence ment of this Act, that on-track safety regu- crews transporting hazardous materials and from the certifying or commissioning State lations, whenever practicable and consistent the emergency response guidance provided in to another State or jurisdiction, the railroad with other safety requirements and oper- the Emergency Response Guidebook issued police officer, not later than 1 year after the ational considerations, include requiring im- by the Department of Transportation. date of transfer, shall apply to be certified or plementation of redundant signal pro (c) REPORT.—Not later than 1 year after commissioned as a police office under the ‘‘tection, such as shunting or other practices the date of enactment of this Act, the Sec- laws of the State of new primary employ- and technologies that achieve an equivalent retary shall transmit to the Committee on ment or residence. or greater level of safety, for maintenance- Commerce, Science, and Transportation of ‘‘(2) INTERIM PERIOD.—During the period be- of-way work crews who depend on a train the Senate and the Committee on Transpor- ginning on the date of transfer and ending 1 dispatcher to provide signal protection. tation and Infrastructure of the House of year after the date of transfer, a railroad po- (b) ALTERNATIVE SAFETY MEASURES.—The Representatives a report of the findings of lice officer directly employed by or con- Secretary may exempt from the require- the study under subsection (a) and any rec- tracted by a rail carrier and certified or com- ments of this section each segment of track ommendations for legislative action. missioned as a police officer under the laws for which operations are governed by a posi- SEC. 35409. PRIVATE HIGHWAY-RAIL GRADE of a State may enforce the laws of the new tive train control system certified under sec- CROSSINGS. jurisdiction in which the railroad police offi- tion 20157 of title 49, United States Code, or (a) IN GENERAL.—The Secretary, in con- cer resides, to the same extent as provided in any other safety technology or practice that sultation with railroad carriers, shall con- subsection (a). would achieve an equivalent or greater level duct a study— ‘‘(d) TRAINING.— of safety in providing additional signal pro- (1) to determine whether limitations or ‘‘(1) IN GENERAL.—A State shall recognize tection. weaknesses exist regarding the availability as meeting that State’s basic police officer SEC. 35406. TECHNOLOGY IMPLEMENTATION and usefulness for safety purposes of data on certification or commissioning requirements PLANS. private highway-rail grade crossings; and for qualification as a rail police officer under Section 20156(e) is amended— (2) to evaluate existing engineering prac- this section any individual who successfully (1) in paragraph (4)— tices on private highway-rail grade cross- completes a program at a State-recognized (A) in subparagraph (A), by striking ‘‘and’’ ings. police training academy in another State or at the end; and (b) CONTENTS.—In conducting the study at a Federal law enforcement training center (B) in subparagraph (B), by striking the pe- under subsection (a), the Secretary shall and who is certified or commissioned as a po- riod at the end and inserting ‘‘; and’’; and make recommendations as necessary to im- lice officer by that other State. (2) by adding at the end the following: prove— ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘(C) each railroad carrier required to sub (1) the utility of the data on private high- this subsection shall be construed as super- ‘‘mit such a plan, until the implementation way rail grade crossings; and seding or affecting any unique State training

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5294 CONGRESSIONAL RECORD — SENATE July 21, 2015 requirements related to criminal law, crimi- (A) notification of emergency contacts; (1) in subsection (c), by inserting a comma nal procedure, motor vehicle code, or State- (B) dedicated and trained staff to manage after ‘‘In developing its railroad safety risk mandated comparative or annual in-service family assistance; reduction program’’; and training academy or Federal law enforce- (C) the establishment of a family assist- (2) in subsection (g)(1)— ment training center.’’. ance center at the accident locale or other (A) by inserting a comma after ‘‘good (b) REGULATIONS.—Not later than 1 year appropriate location; faith’’; and after the date of enactment of this Act, the (D) a system for identifying and recovering (B) by striking ‘‘non-profit’’ and inserting Secretary shall revise the regulations in part items belonging to passengers that were lost ‘‘nonprofit’’. 207 of title 49, Code of Federal Regulations in the crash; and (f) ROADWAY USER SIGHT DISTANCE AT HIGH- (relating to railroad police officers), to per- (E) the establishment of a single customer WAY RAIL GRADE CROSSINGS.—Section 20159 is mit a railroad to designate an individual, service entity within Amtrak to coordinate amended by striking ‘‘the Secretary’’ and in- who is commissioned in the individual’s the response to the needs of the passengers serting ‘‘the Secretary of Transportation’’. State of legal residence or State of primary involved in the crash and their families; (g) NATIONAL CROSSING INVENTORY.—Sec- employment and directly employed by or (4) recommendations for any additional tion 20160 is amended— contracted by a railroad to enforce State training needed by Amtrak staff to better (1) in subsection (a)(1), by striking ‘‘con- laws for the protection of railroad property, implement the plans referred to in para- cerning each previously unreported crossing personnel, passengers, and cargo, to serve in graphs (1) and (2), including the establish- through which it operates or with respect to the States in which the railroad owns prop- ment of a regular schedule for training drills the trackage over which it operates’’ and in- erty. and exercises. serting ‘‘concerning each previously unre- (c) CONFORMING AMENDMENTS.— (c) REPORT TO CONGRESS.—Not later than 1 ported crossing through which it operates (1) AMTRAK RAIL POLICE.—Section 24305(e) year after the date of the enactment of this with respect to the trackage over which it is amended— Act, Amtrak shall submit a report to the operates’’; and (A) by striking ‘‘may employ’’ and insert- Committee on Commerce, Science, and (2) in subsection (b)(1)(A), by striking ing ‘‘may directly employ or contract with’’; Transportation of the Senate and the Com- ‘‘concerning each crossing through which it (B) by striking ‘‘employed by’’ and insert- mittee on Transportation and Infrastructure operates or with respect to the trackage over ing ‘‘directly employed by or contracted by’’; of the House of Representatives that de- which it operates’’ and inserting ‘‘concerning and scribes— each crossing through which it operates with (C) by striking ‘‘employed without’’ and in- (1) its plan to achieve the recommenda- respect to the trackage over which it oper- serting ‘‘directly employed or contracted tions referred to in subsection (b)(4); and ates’’. without’’. (2) steps that have been taken to address (h) MINIMUM TRAINING STANDARDS AND (2) SECURE GUN STORAGE OR SAFETY DEVICE; any deficiencies identified through the as- PLANS.—Section 20162(a)(3) is amended by EXCEPTIONS.—Section 922(z)(2)(B) of title 18 is sessment. striking ‘‘railroad compliance with Federal amended by striking ‘‘employed by’’ and in- SEC. 35414. TECHNICAL AND CONFORMING standards’’ and inserting ‘‘railroad carrier serting ‘‘directly employed by or contracted AMENDMENTS. compliance with Federal standards’’. by’’. (a) ASSISTANCE TO FAMILIES OF PASSENGERS (i) DEVELOPMENT AND USE OF RAIL SAFETY SEC. 35412. OPERATION DEEP DIVE; REPORT. INVOLVED IN RAIL PASSENGER ACCIDENTS.— TECHNOLOGY.—Section 20164(a) is amended by (a) PROGRESS REPORTS.—Not later than 60 Section 1139 is amended— striking ‘‘after enactment of the Railroad days after the date of the enactment of this (1) in subsection (a)(1), by striking ‘‘phone Safety Enhancement Act of 2008’’ and insert- Act, and quarterly thereafter until the com- number’’ and inserting ‘‘telephone number’’; ing ‘‘after the date of enactment of the Rail pletion date, the Administrator of the Fed- (2) in subsection (a)(2), by striking ‘‘post Safety Improvement Act of 2008’’. eral Railroad Administration shall submit a trauma communication with families’’ and (j) RAIL SAFETY IMPROVEMENT ACT OF report to the Committee on Commerce, inserting ‘‘post-trauma communication with 2008.— Science, and Transportation of the Senate families’’; and (1) TABLE OF CONTENTS.—Section 1(b) of di- and the Committee on Transportation and (3) in subsection (j), by striking ‘‘railroad vision A of the Rail Safety Improvement Act Infrastructure of the House of Representa- passenger accident’’ each place it appears of 2008 (Public Law 110–432; 122 Stat. 4848) is tives that describes the progress of Metro- and inserting ‘‘rail passenger accident’’. amended— (b) SOLID WASTE RAIL TRANSFER FACILITY North Commuter Railroad in implementing (A) in the item relating to section 307, by LAND USE EXEMPTION.—Section 10909 is the directives and recommendations issued striking ‘‘website’’ and inserting ‘‘Web site’’; amended— (B) in the item relating to title VI, by by the Federal Railroad Administration in (1) in subsection (b), in the matter pre- striking ‘‘solid waste facilities’’ and insert- its March 2014 report to Congress titled ‘‘Op- ceding paragraph (1), by striking ‘‘Clean ing ‘‘solid waste rail transfer facilities’’; and eration Deep Dive Metro-North Commuter Railroad Act of 2008’’ and inserting ‘‘Clean (C) in the item relating to section 602, by Railroad Safety Assessment’’. Railroads Act of 2008’’; and INAL REPORT.—Not later than 30 days striking ‘‘solid waste transfer facilities’’ and (b) F (2) in subsection (e), by striking ‘‘Upon the after the completion date, the Administrator inserting ‘‘solid waste rail transfer facili- granting of petition from the State’’ and in- of the Federal Railroad Administration shall ties’’. serting ‘‘Upon the granting of a petition submit a final report on the directives and (2) DEFINITIONS.—Section 2(a)(1) of division from the State’’. recommendations to Congress. A of the Rail Safety Improvement Act of 2008 (c) RULEMAKING PROCESS.—Section 20116 is (c) DEFINED TERM.—In this section, the (Public Law 110–432; 122 Stat. 4849) is amend- amended— term ‘‘completion date’’ means the date on (1) by inserting ‘‘(2)’’ before ‘‘the code, ed in the ‘‘matter preceding subparagraph which Metro-North Commuter Railroad has rule, standard, requirement, or practice has (A), by inserting a comma after ‘‘at grade’’. (3) RAILROAD SAFETY STRATEGY.—Section completed all of the directives and rec- been subject to notice and comment under a 102(a)(6) of title I of division A of the Rail ommendations referred to in subsection (a). rule or order issued under this part.’’ and in- Safety Improvement Act of 2008 (49 U.S.C. SEC. 35413. POST-ACCIDENT ASSESSMENT. denting accordingly; (a) IN GENERAL.—The Secretary of Trans- (2) by inserting ‘‘(1)’’ before ‘‘unless’’ and 20101 note) is amended by striking ‘‘Improv- portation, in cooperation with the National indenting accordingly; ing the safety of railroad bridges, tunnels, Transportation Safety Board and the Na- (3) in paragraph (1), as redesignated, by and related infrastructure to prevent acci- tional Railroad Passenger Corporation (re- striking ‘‘order, or’’ and inserting ‘‘order; dents, incidents, injuries, and fatalities ferred to in this section as ‘‘Amtrak’’), shall or’’; and caused by catastrophic failures and other conduct a post-accident assessment of the (4) in the matter preceding paragraph (1), bridge and tunnel failures.’’ and inserting Amtrak Northeast Regional Train #188 crash as redesignated, by striking ‘‘unless’’ and in- ‘‘Improving the safety of railroad bridges, on May 12, 2015. serting ‘‘unless—’’. tunnels, and related infrastructure to pre- (b) ELEMENTS.—The assessment conducted (d) ENFORCEMENT REPORT.—Section 20120(a) vent accidents, incidents, injuries, and fa- pursuant to subsection (a) shall include— is amended— talities caused by catastrophic and other (1) a review of Amtrak’s compliance with (1) in the matter preceding paragraph (1), failures of such infrastructure.’’. the plan for addressing the needs of the fami- by striking ‘‘website’’ and inserting ‘‘Web (4) OPERATION LIFESAVER.—Section 206(a) of lies of passengers involved in any rail pas- site’’; title II of division A of the Rail Safety Im- senger accident, which was submitted pursu- (2) in paragraph (1), by striking ‘‘accident provement Act of 2008 (49 U.S.C. 22501 note) is ant to section 24316 of title 49, United States and incidence reporting’’ and inserting ‘‘ac- amended by striking ‘‘Public Service An- Code; cident and incident reporting’’; nouncements’’ and inserting ‘‘public service (2) a review of Amtrak’s compliance with (3) in paragraph (2)(G), by inserting ‘‘and’’ announcements’’. the emergency preparedness plan required at the end; and (5) UPDATE OF FEDERAL RAILROAD ADMINIS- under section 239.101(a) of title 49, Code of (4) in paragraph (5)(B), by striking ‘‘Ad- TRATION’S WEB SITE.—Section 307 of title III Federal Regulations; ministrative Hearing Officer or Administra- of division A of the Rail Safety Improvement (3) a determination of any additional ac- tive Law Judge’’ and inserting ‘‘administra- Act of 2008 (49 U.S.C. 103 note) is amended— tion items that should be included in the tive hearing officer or administrative law (A) in the heading by striking ‘‘FEDERAL plans referred to in paragraphs (1) and (2) to judge’’. RAILROAD ADMINISTRATION’S WEBSITE’’ meet the needs of the passengers involved in (e) RAILROAD SAFETY RISK REDUCTION PRO- and inserting ‘‘Federal Railroad Administra- the crash and their families, including— GRAM.—Section 20156 is amended— tion Web site’’;

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5295 (B) by striking ‘‘website’’ each place it ap- ‘‘(8) Any rail carrier or rail equipment projects that will maximize the net benefits pears and inserting ‘‘Web site’’; and manufacturer in partnership with at least 1 of the funds appropriated for use under this (C) by striking ‘‘website’s’’ and inserting of the entities described in paragraphs (1) section, considering the cost-benefit analysis ‘‘Web site’s’’. through (5). of the proposed project, including antici- (6) ALCOHOL AND CONTROLLED SUBSTANCE ‘‘(9) Any entity established to procure, pated private and public benefits relative to TESTING FOR MAINTENANCE-OF-WAY EMPLOY- manage, or maintain passenger rail equip- the costs of the proposed project and fac- EES.—Section 412 of title IV of division A of ment under section 305 of the Passenger Rail toring in the other considerations described the Rail Safety Improvement Act of 2008 (49 Investment and Improvement Act of 2008 (49 in paragraph (2). U.S.C. 20140 note) is amended by striking U.S.C. 24101 note). ‘‘(2) OTHER CONSIDERATIONS.—The Sec- ‘‘Secretary of Transportation’’ and inserting ‘‘(10) An organization that is actively in- retary shall also consider the following: ‘‘Secretary’’. volved in the development of operational and ‘‘(A) The degree to which the proposed (7) TUNNEL INFORMATION.—Section 414 of safety-related standards for rail equipment project’s business plan considers potential title IV of division A of the Rail Safety Im- and operations or the implementation of private sector participation in the financing, provement Act of 2008 (49 U.S.C. 20103 note) is safety-related programs. construction, or operation of the project; amended— ‘‘(11) The Transportation Research Board ‘‘(B) The recipient’s past performance in (A) by striking ‘‘parts 171.8, 173.115’’ and in- and any entity with which it contracts in the developing and delivering similar projects, serting ‘‘sections 171.8, 173.115’’; and development of rail-related research, includ- and previous financial contributions; (B) by striking ‘‘part 1520.5’’ and inserting ing cooperative research programs. ‘‘(C) Whether the recipient has or will have ‘‘section 1520.5’’. ‘‘(12) A University transportation center the legal, financial, and technical capacity (8) SAFETY INSPECTIONS IN MEXICO.—Section actively engaged in rail-related research. to carry out the proposed project, satisfac- 416 of title IV of division A of the Rail Safety ‘‘(13) A non-profit labor organization rep- tory continuing control over the use of the Improvement Act of 2008 (49 U.S.C. 20107 resenting a class or craft of employees of equipment or facilities, and the capability note) is amended— railroad carriers or railroad carrier contrac- and willingness to maintain the equipment (A) in the matter preceding paragraph (1), tors. or facilities; by striking ‘‘Secretary of Transportation’’ ‘‘(c) ELIGIBLE PROJECTS.—The following ‘‘(D) If applicable, the consistency of the and inserting ‘‘Secretary’’; and projects are eligible to receive grants under proposed project with planning guidance and (B) in paragraph (4), by striking ‘‘sub- this section: documents set forth by the Secretary or re- section’’ and inserting ‘‘section’’. ‘‘(1) Deployment of railroad safety tech- quired by law or State rail plans developed (9) HEADING OF TITLE VI.—The heading of nology, including positive train control and under chapter 227; title VI of division A of the Rail Safety Im- rail integrity inspection systems. ‘‘(E) If applicable, any technical evaluation provement Act of 2008 (122 Stat. 4900) is ‘‘(2) A capital project as defined in section ratings that proposed project received under amended by striking ‘‘SOLID WASTE FACILI- 24401, except that a project shall not be re- previous competitive grant programs admin- TIES’’ and inserting ‘‘SOLID WASTE RAIL quired to be in a State rail plan developed istered by the Secretary; and TRANSFER FACILITIES’’. under chapter 227. ‘‘(F) Such other factors as the Secretary (10) HEADING OF SECTION 602.—Section 602 of ‘‘(3) A capital project identified by the Sec- considers relevant to the successful delivery title VI of division A of the Rail Safety Im- retary as being necessary to address conges- of the project. provement Act of 2008 (122 Stat. 4900) is tion challenges affecting rail service. ‘‘(3) BENEFITS.—The benefits described in amended by striking ‘‘SOLID WASTE TRANS- (4) A highway-rail grade crossing improve- paragraph (1)(B) may include the effects on FER FACILITIES’’ and inserting ‘‘SOLID ment, including grade separations, private system and service performance, including WASTE RAIL TRANSFER FACILITIES’’. highway-rail grade crossing improvements, measures such as improved safety, competi- and safety engineering improvements to re- SEC. 35415. GAO STUDY ON USE OF LOCOMOTIVE tiveness, reliability, trip or transit time, re- HORNS AT HIGHWAY-RAIL GRADE duce risk in quiet zones or potential quiet silience, efficiencies from improved integra- CROSSINGS. zones. tion with other modes, and ability to meet The Comptroller General of the United ‘‘(5) A rail line relocation project. existing or anticipated demand. (6) A capital project to improve short-line States shall submit a report to Congress con- ‘‘(f) PERFORMANCE MEASURES.—The Sec- or regional railroad infrastructure. taining the results of a study evaluating the retary shall establish performance measures ‘‘(7) Development of public education, effectiveness of the Federal Railroad Admin- for each grant recipient to assess progress in awareness, and targeted law enforcement ac- istration’s final rule on the use of loco- achieving strategic goals and objectives. The tivities to reduce violations of traffic laws at motive horns at highway-rail grade cross- Secretary may require a grant recipient to highway-rail grade crossings and to help pre- ings, which was published in the Federal periodically report information related to vent and reduce injuries and fatalities along Register on August 17, 2006 (71 Fed. Reg. such performance measures. railroad rights-of-way. ‘‘(g) RURAL AREAS.— 47614). ‘‘(8) The preparation of regional rail and ‘‘(1) IN GENERAL.—Of the amounts appro- PART II—CONSOLIDATED RAIL INFRA- corridor service development plans and cor- priated under this section, at least 25 percent STRUCTURE AND SAFETY IMPROVE- responding environmental analyses. MENTS ‘‘(9) Any project that the Secretary con- shall be available for projects in rural areas. siders necessary to enhance multimodal con- The Secretary shall consider a project to be SEC. 35421. CONSOLIDATED RAIL INFRASTRUC- in a rural area if all or the majority of the TURE AND SAFETY IMPROVEMENTS. nections or facilitate service integration be- project (determined by the geographic loca- (a) IN GENERAL.—Chapter 244, as amended tween rail service and other modes, includ- tion or locations where the majority of the by section 35302 of this Act, is further ing between intercity rail passenger trans- project funds will be spent) is located in a amended by adding at the end the following: portation and intercity bus service. ‘‘(10) The development of rail-related cap- rural area. ‘‘§ 24408. Consolidated rail infrastructure and ital, operations, and safety standards. ‘‘(2) DEFINITION OF RURAL AREA.—In this safety improvements ‘‘(11) The implementation and operation of subsection, the term ‘rural area’ means any ‘‘(a) GENERAL AUTHORITY.—The Secretary a safety program or institute designed to im- area not in an urbanized area, as defined by may make grants under this section to an el- prove rail safety culture and rail safety per- the Census Bureau. igible recipient to assist in financing the formance. ‘‘(h) FEDERAL SHARE OF TOTAL PROJECT cost of improving passenger and freight rail ‘‘(12) Any research that the Secretary con- COSTS.— transportation systems in terms of safety, siders necessary to advance any particular ‘‘(1) TOTAL PROJECT COSTS.—The Secretary efficiency, or reliability. aspect of rail-related capital, operations, or shall estimate the total costs of a project ‘‘(b) ELIGIBLE RECIPIENTS.—The following safety improvements. under this subsection based on the best entities are eligible to receive a grant under ‘‘(13) Workforce development activities, co- available information, including engineering this section: ordinated to the extent practicable with the studies, studies of economic feasibility, envi- ‘‘(1) A State. existing local training programs supported ronmental analyses, and information on the ‘‘(2) A group of States. by the Department of Transportation, De- expected use of equipment or facilities. ‘‘(3) An Interstate Compact. partment of Labor, and Department of Edu- ‘‘(2) FEDERAL SHARE.—The Federal share of ‘‘(4) A public agency or publicly chartered cation. total project costs under this subsection authority established by 1 or more States ‘‘(d) APPLICATION PROCESS.—The Secretary shall not exceed 80 percent. and having responsibility for providing inter- shall prescribe the form and manner of filing ‘‘(3) TREATMENT OF PASSENGER RAIL REV- city rail passenger, commuter rail passenger, an application under this section. ENUE.—If Amtrak or another rail passenger or freight rail transportation service. ‘‘(e) PROJECT SELECTION CRITERIA.— carrier is an applicant under this section, ‘‘(5) A political subdivision of a State. ‘‘(1) IN GENERAL.—In selecting a recipient Amtrak or the other rail passenger carrier, ‘‘(6) Amtrak or another rail passenger car- of a grant for an eligible project, the Sec- as applicable, may use ticket and other reve- rier that provides intercity rail passenger retary shall— nues generated from its operations and other transportation (as defined in section 24102) or ‘‘(A) give preference to a proposed project sources to satisfy the non-Federal share re- commuter rail passenger transportation (as for which the proposed Federal share of total quirements. defined in section 24102). project costs does not exceed 50 percent; and ‘‘(i) APPLICABILITY.—Except as specifically ‘‘(7) A Class II railroad or Class III railroad ‘‘(B) after factoring in preference to provided in this section, the use of any (as those terms are defined in section 20102). projects under subparagraph (A), select amounts appropriated for grants under this

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section shall be subject to the requirements (4) HAZARDOUS MATERIALS.—The term ‘‘haz- (5) to provide the comprehensive oil spill of this chapter. ardous materials’’ means material des- response plan for acceptance by the Sec- ‘‘(j) AVAILABILITY.—Amounts appropriated ignated as hazardous by the Secretary of retary. for carrying out this section shall remain Transportation under chapter 51 of the (c) SAVINGS CLAUSE.—Nothing in the sec- available until expended.’’. United States Code. tion may be construed as prohibiting the (b) CONFORMING AMENDMENT.—The table of (5) TRAIN CONSIST.—The term ‘‘train con- Secretary from promulgating different com- contents of chapter 244, as amended by sec- sist’’ includes, with regard to a specific prehensive oil response plan standards for tion 35302 of this Act, is amended by adding train, the number of rail cars and the com- Class I, Class II, and Class III railroads. after the item relating to section 24407 the modity transported by each rail car. (d) DEFINITIONS.—In this section: following: (c) SAVINGS CLAUSE.— (1) AREA CONTINGENCY PLAN.—The term ‘‘24408. Consolidated rail infra- (1) Nothing in this section may be con- ‘‘Area Contingency Plan’’ has the meaning structure and safety improve- strued to prohibit a Class I railroad from vol- given the term in section 311(a) of the Fed- ments.’’. untarily entering into a memorandum of un- eral Water Pollution Control Act (33 U.S.C. PART III—HAZARDOUS MATERIALS BY derstanding, as described in subsection 1321(a)). (a)(1)(B), with a State emergency response (2) CLASS 3 FLAMMABLE LIQUID.—The term RAIL SAFETY AND OTHER SAFETY commission or an entity representing or in- ‘‘Class 3 flammable liquid’’ has the meaning ENHANCEMENTS cluding first responders, emergency response given the term in section 173.120(a) of title SEC. 35431. REAL-TIME EMERGENCY RESPONSE officials, and law enforcement personnel. 49, Code of Federal Regulations. INFORMATION. (2) Nothing in this section may be con- (3) CLASS I RAILROAD, CLASS II RAILROAD, (a) IN GENERAL.—Not later than 1 year strued to amend any requirement for a rail- AND CLASS III RAILROAD.—The terms ‘‘Class I after the date of enactment of this Act, the road to provide a State Emergency Response rairoad’’, ‘‘Class II railroad’’ and ‘‘Class III Secretary, in consultation with the Sec- Commission, for each State in which it oper- railroad’’ have the meanings given the terms retary of Homeland Security, shall promul- ates trains transporting 1,000,000 gallons or in section 20102 of title 49, United States gate regulations— more of Bakken crude oil, notification re- Code. (1) to require a Class I railroad trans- garding the expected movement of such (4) NATIONAL CONTINGENCY PLAN.—The term porting hazardous materials— trains through the counties in the State. ‘‘National Contingency Plan’’ has the mean- (A) to generate accurate, real-time, and SEC. 35432. THERMAL BLANKETS. ing given the term in section 1001 of the Oil electronic train consist information, includ- Pollution Act of 1990 (33 U.S.C. 2701). (a) REQUIREMENTS.—Not later than 180 days ing— AILROAD CARRIER.—The term ‘‘railroad after the date of enactment of this Act, the (5) R (i) the identity, quantity, and location of carrier’’ has the meaning given the term in Secretary shall promulgate such regulations hazardous materials on a train; section 20102 of title 49, United States Code. as are necessary to require each tank car (ii) the point of origin and destination of (6) WORST-CASE DISCHARGE.—The term built to meet the DOT–117 specification and the train; ‘‘worst-case discharge’’ means a railroad car- each non-jacketed tank car modified to meet (iii) any emergency response information rier’s calculation of its largest foreseeable the DOT–117R specification to be equipped or resources required by the Secretary; and discharge in the event of an accident or inci- with a thermal blanket. (iv) an emergency response point of con- dent. tact designated by the Class I railroad; and (b) DEFINITION OF THERMAL BLANKET.—In this section, the term ‘‘thermal blanket’’ SEC. 35434. HAZARDOUS MATERIALS BY RAIL LI- (B) to enter into a memorandum of under- ABILITY STUDY. standing with each applicable fusion center means an insulating blanket that is applied between the outer surface of a tank car tank (a) IN GENERAL.—Not later than 30 days to provide that fusion center with secure and after the date of enactment of this Act, the confidential access to the electronic train and the inner surface of a tank car jacket and that has thermal conductivity no great- Secretary shall initiate a study on the levels consist information described in subpara- and structure of insurance for a railroad car- graph (A) for each train transporting haz- er than 2.65 Btu per inch, per hour, per square foot, and per degree Fahrenheit at a rier transporting hazardous materials. ardous materials in that fusion center’s ju- (b) CONTENTS.—In conducting the study temperature of 2000 degrees Fahrenheit, plus risdiction; under subsection (a), the Secretary shall or minus 100 degrees Fahrenheit. (2) to require each applicable fusion center evaluate— (c) SAVINGS CLAUSE.— to provide the electronic train consist infor- (1) the level and structure of insurance, in- (1) PRESSURE RELIEF DEVICES.—Nothing in mation described in paragraph (1)(A) to first cluding self-insurance, available in the pri- this section may be construed to affect or responders, emergency response officials, vate market against the full liability poten- prohibit any requirement to equip with ap- and law enforcement personnel that are in- tial for damages arising from an accident or propriately sized pressure relief devices a volved in the response to or investigation of incident involving a train transporting haz- tank car built to meet the DOT–117 specifica- an incident, accident, or public health or ardous materials; tion or a non-jacketed tank car modified to safety emergency involving the rail trans- (2) the level and structure of insurance meet the DOT–117R specification. portation of hazardous materials and that that would be necessary and appropriate— (2) HARMONIZATION.—Nothing in this sec- request such electronic train consist infor- (A) to efficiently allocate risk and finan- tion may be construed to require or allow mation; cial responsibility for claims; and the Secretary to prescribe an implementa- (3) to prohibit any railroad, employee, or (B) to ensure that a railroad carrier trans- tion deadline or authorization end date for agent from withholding, or causing to be porting hazardous materials can continue to the requirement under subsection (a) that is withheld the train consist information from operate despite the risk of an accident or in- earlier than the applicable implementation first responders, emergency response offi- cident; cials, and law enforcement personnel de- deadline or authorization end date for other (3) the potential applicability to trains scribed in paragraph (2) in the event of an in- tank car modifications necessary to meet transporting hazardous materials of— cident, accident, or public health or safety the DOT–117R specification. (A) a liability regime modeled after section emergency involving the rail transportation SEC. 35433. COMPREHENSIVE OIL SPILL RE- 170 of the Atomic Energy Act of 1954, as of hazardous materials; SPONSE PLANS. amended (42 U.S.C. 2210); and (4) to establish security and confidentiality (a) REQUIREMENTS.—Not later than 120 days (B) a liability regime modeled after sub- protections to prevent the release of the after the date of enactment of this Act, the title of title XXI of the Public Health Serv- electronic train consist information to unau- Secretary shall issue a notice of proposed ice Act (42 U.S.C. 300aa–10 et seq.). thorized persons; and rulemaking to require each railroad carrier (c) REPORT.—Not later than 1 year after (5) to allow each Class I railroad to enter transporting a Class 3 flammable liquid to the date the study under subsection (a) is into a memorandum of understanding with maintain a comprehensive oil spill response initiated, the Secretary shall submit a re- any Class II or Class III railroad that oper- plan. port containing the results of the study and ates trains over the Class I railroad’s line to (b) CONTENTS.—The regulations under recommendations for addressing liability incorporate the Class II or Class III rail- subsection (a) shall require each rail carrier issues with rail transportation of hazardous road’s train consist information within the described in that subsection— materials to— existing framework described in paragraph (1) to include in the comprehensive oil spill (1) the Committee on Commerce, Science, (1). response plan procedures and resources for and Transportation of the Senate; and (b) DEFINITIONS.—In this section: responding, to the maximum extent prac- (2) the Committee on Transportation and (1) APPLICABLE FUSION CENTER.—The term ticable, to a worst case discharge; Infrastructure of the House of Representa- ‘‘applicable fusion center’’ means a fusion (2) to ensure the comprehensive oil spill re- tives. center with responsibility for a geographic sponse plan is consistent with the National (d) DEFINITIONS.—In this section: area in which a Class I railroad operates. Contingency Plan and each applicable Area (1) HAZARDOUS MATERIAL.—The term ‘‘haz- (2) CLASS I RAILROAD.—The term ‘‘Class I Contingency Plan; ardous material’’ means a substance or ma- railroad’’ has the meaning given the term in (3) to include in the comprehensive oil spill terial the Secretary designates under section section 20102 of title 49, United States Code. response plan appropriate notification and 5103(a) of title 49, United States Code. (3) FUSION CENTER.—The term ‘‘fusion cen- training procedures; (2) RAILROAD CARRIER.—The term ‘‘railroad ter’’ has the meaning given the term in sec- (4) to review and update its comprehensive carrier’’ has the meaning given the term in tion 124h(j) of title 6, United States Code. oil spill response plan as appropriate; and section 20102 of title 49, United States Code.

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5297 SEC. 35435. STUDY AND TESTING OF ELECTRONI- (A) using such sums made available under or more loaded tank cars containing Class 3 CALLY-CONTROLLED PNEUMATIC section 24910 of title 49, United States Code; flammable liquid. BRAKES. and (7) NCRRP BOARD.—The term ‘‘NCRRP (a) GOVERNMENT ACCOUNTABILITY OFFICE (B) to the extent funding under subpara Board’’ means the independent governing STUDY.— graph (A) is insufficient or unavailable to board of the National Cooperative Rail Re- (1) IN GENERAL.—The Government Account fund the testing required under this section, search Program. ability Office shall complete an independent using such sums as are necessary from the (8) RAILROAD CARRIER.—The term ‘‘railroad evaluation of ECP brake systems pilot pro- amounts appropriated to the Office of the carrier’’ has the meaning given the term in gram data and the Department of Transpor- Secretary. section 20102 of title 49, United States Code. tation’s research and analysis on the effects (5) EQUIPMENT.—The NCRRP Board and (9) REPORT DATE.—The term ‘‘report date’’ of ECP brake systems. each contractor described in paragraph (2) means the date that both the report under (2) STUDY ELEMENTS.—In completing the may receive or use rolling stock, track, and subsection (a)(3) and the report under sub- independent evaluation under paragraph (1), other equipment or infrastructure from a section (b)(1)(B) have been transmitted under the Government Accountability Office shall private entity for the purposes of conducting those subsections. examine the following issues related to ECP the testing required under this section. SEC. 35436. RECORDING DEVICES. brake systems: (c) EVIDENCE-BASED APPROACH.— (a) IN GENERAL.—Subchapter II of chapter (A) Data and modeling results on safety (1) ANALYSIS.—The Secretary shall— 201 is amended by adding after section 20167 benefits relative to conventional brakes and (A) not later than 90 days after the report the following: to other braking technologies or systems, date, fully incorporate and reflect the find- § 20168. Installation of audio and image re- such as distributed power and 2-way end-of- ings from both reports into a draft updated cording devices train devices. regulatory impact analysis of the effects of ‘‘(a) IN GENERAL.—Not later than 2 years (B) Data and modeling results on business the applicable ECP brake system require- after the date of enactment of the Railroad benefits, including the effects of dynamic ments; Reform, Enhancement, and Efficiency Act, braking. (B) as soon as practicable after completion the Secretary of Transportation shall pro- (C) Data on costs, including up-front cap- of the draft updated analysis under subpara- mulgate regulations to require each rail car- ital costs and on-going maintenance costs. graph (A), solicit public comment on the rier that provides regularly scheduled inter- (D) Analysis of potential operational chal- analysis for a period of not more than 30 city rail passenger or commuter rail pas- lenges, including the effects of potential lo- days; and senger transportation to the public to install comotive and car segregation, technical reli- (C) not later than 60 days after the end of inward- and outward-facing image recording ability issues, and network disruptions. the public comment period, post the final up- devices in all controlling locomotive cabs (E) Analysis of potential implementation dated regulatory impact analysis on the De- and cab car operating compartments in such challenges, including installation time, posi- partment of Transportation Web site. passenger trains. tive train control integration complexities, (2) DETERMINATION.—Not later than 180 ‘‘(b) DEVICE STANDARDS.—Each inward- and component availability issues, and tank car days after the report date, the Secretary outward-facing image recording device shop capabilities. shall— shall— (F) Analysis of international experiences (A) determine, based on whether the final ‘‘(1) have a minimum 12-hour continuous with the use of advanced braking tech- regulatory impact analysis described in recording capability; nologies. paragraph (1)(C) demonstrates that the bene- ‘‘(2) have crash and fire protections for any (3) DEADLINE.—Not later than 18 months fits, including safety benefits, of the applica- in-cab image recordings that are stored only after the date of enactment of this Act, the ble ECP brake system requirements exceed within a controlling locomotive cab or cab Government Accountability Office shall their costs, whether the applicable ECP car operating compartment; and transmit to the Committee on Commerce, brake system requirements are justified; and ‘‘(3) have recordings accessible for review Science, and Transportation of the Senate (B)(i) if the applicable ECP brake system during an accident investigation. and the Committee on Transportation and requirements are justified, publish in the ‘‘(c) REVIEW.—The Secretary shall estab- Infrastructure of the House of Representa- Federal Register the determination with the lish a process to review and approve or dis- tives a report on the results of the inde- reasons for it; or approve an inward- or outward-facing record- pendent evaluation under paragraph (1). (ii) if the Secretary does not publish the ing device for compliance with the standards (b) EMERGENCY BRAKING APPLICATION TEST- determination under clause (i), repeal the described in subsection (b). ING.— applicable ECP brake system requirements. ‘‘(d) USES.—A rail carrier that has in- (1) IN GENERAL.—The Secretary of Trans- (d) DEFINITIONS.—In this section: stalled an inward- or outward-facing image portation shall enter into an agreement with (1) APPLICABLE ECP BRAKE SYSTEM REQUIRE- recording device approved under subsection the NCRRP Board— MENTS.—The term ‘‘applicable brake system (c) may use recordings from that inward- or (A) to complete testing of ECP brake sys- requirements’’ means sections outward-facing image recording device for tems during emergency braking application, 174.310(a)(3)(ii), 174.310(a)(3)(iii), the following purposes: including more than scenario involving the 174.310(a)(5)(v), 179.102–10, 179.202–12(g), and ‘‘(1) Verifying that train crew actions are uncoupling of a train with 70 or more DOT 179.202–13(i) of title 49, Code of Federal Regu- in accordance with applicable safety laws 117 specification or DOT 117R-specification lations, and any other regulation in effect on and the rail carrier’s operating rules and tank cars; and the date of enactment of this Act requiring procedures. (B) to transmit, not later than 18 months the installation of ECP brakes or operation ‘‘(2) Assisting in an investigation into the after the date of enactment of this Act, to in ECP brake mode. causation of a reportable accident or inci- the Committee on Commerce, Science, and (2) CLASS 3 FLAMMABLE LIQUID.—The term dent. Transportation of the Senate and the Com- ‘‘Class flammable liquid’’ has the meaning ‘‘(3) Carrying out efficiency testing and mittee on Transportation and Infrastructure given the term in section 173.120(a) of title systemwide performance monitoring pro- of the House of Representatives a report on 49, Code of Federal Regulations. grams. the results of the testing. (3) ECP.—The term ‘‘ECP’’ means elec- ‘‘(4) Documenting a criminal act or moni- (2) INDEPENDENT EXPERTS.—In completing tronically-controlled pneumatic when ap- toring unauthorized occupancy of the con- the testing under paragraph (1), the NCRRP plied to a brake or brakes. trolling locomotive cab or car operating Board may contract with 1 or more engineer- (4) ECP BRAKE MODE.—The term ‘‘ECP compartment. ‘‘(5) Other purposes that the Secretary con- ing or rail experts, as appropriate, with rel- brake mode’’ includes any operation of a rail siders appropriate. evant experience in conducting railroad safe- car or an entire train using an ECP brake ‘‘(e) VOLUNTARY IMPLEMENTATION.— ty technology tests or similar crash tests. system. ‘‘(1) IN GENERAL.—Each rail carrier oper- (3) TESTING FRAMEWORK.—In completing (5) ECP BRAKE SYSTEM.— ating freight rail service may implement any the testing under paragraph (1), the NCRRP (A) IN GENERAL.—The term ‘‘ECP brake inward- or outward-facing image recording Board and each contractor described in para- system’’ means a train power braking sys- devices approved under subsection (c). graph (2) shall ensure that the testing objec- tem actuated by compressed air and con- ‘‘(2) AUTHORIZED USES.—Notwithstanding tively, accurately, and reliably measures the trolled by electronic signals from the loco- any other provision of law, each rail carrier performance of ECP brake systems relative motive or an ECP-EOT to the cars in the may use recordings from an inward- or out- to other braking technologies or systems, consist for service and emergency applica- ward-facing image recording device approved such as distributed power and 2-way end-of- tions in which the brake pipe is used to pro- under subsection (c) for any of the purposes train devices, including differences in— vide a constant supply of compressed air to described in subsection (d). (A) the number of cars derailed; the reservoirs on each car but does not con- ‘‘(f) DISCRETION.— (B) the number of cars punctured; vey braking signals to the car. ‘‘(1) IN GENERAL.—The Secretary may— (C) the measures of in-train forces; and (B) INCLUSIONS.—The term ‘‘ECP brake sys- ‘‘(A) require in-cab audio recording devices (D) the stopping distance. tem’’ includes dual mode and stand-alone for the purposes described in subsection (d); (4) FUNDING.—The Secretary shall require, ECP brake systems. and as part of the agreement under paragraph (1), (6) HIGH-HAZARD FLAMMABLE UNIT TRAIN.— ‘‘(B) define in appropriate technical detail that the NCRRP Board fund the testing re- The term ‘‘high-hazard flammable unit the essential features of the devices required quired under this section— train’’ means a single train transporting 70 under subparagraph (A).

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‘‘(2) EXEMPTIONS.—The Secretary may ex- toward modifying tank cars used in high- (g) DEFINITIONS.—In this section: empt any rail passenger carrier or any part hazard flammable train service by the appli- (1) CLASS 3 FLAMMABLE LIQUID.—The term of a rail passenger carrier’s operations from cable deadlines or authorization end dates ‘‘Class 3 flammable liquid’’ has the meaning the requirements under subsection (a) if the set in regulation. given the term in section 173.120(a) of title Secretary determines that the rail passenger (b) TANK CAR DATA.—The Secretary shall 49, Code of Federal Regulations. carrier has implemented an alternative tech- collect data from shippers and tank car own- (2) HIGH-HAZARD FLAMMABLE TRAIN.—The nology or practice that provides an equiva- ers on— term ‘‘high-hazard flammable train’’ means lent or greater safety benefit or is better (1) the total number of tank cars modified a single train transporting 20 or more tank suited to the risks of the operation. to meet the DOT–117R specification, or cars loaded with a Class 3 flammable liquid ‘‘(g) TAMPERING.—A rail carrier may take equivalent, specifying— in a continuous block or a single train trans- appropriate enforcement or administrative (A) the type or specification of each tank porting 35 or more tank cars loaded with a action against any employee that tampers car before it was modified, including non- Class 3 flammable liquid throughout the with or disables an audio or inward- or out- jacketed DOT–111, jacketed DOT–111, non- train consist. ward-facing image recording device installed jacketed DOT–111 meeting the CPC–1232 SEC. 35439. REPORT ON CRUDE OIL CHARACTER- by the rail carrier. standard, or jacketed DOT–111 meeting the ISTICS RESEARCH STUDY. ‘‘(h) PRESERVATION OF DATA.—Each rail CPC–1232 standard; and Not later than 180 days after the research passenger carrier subject to the require- (B) the identification number of each Class completion of the comprehensive Crude Oil ments of subsection (a) shall preserve record- 3 flammable liquid carried by each tank car Characteristics Research Sampling, Anal- ing device data for 1 year after the date of a in the past year; ysis, and Experiment (SAE) Plan study at (2) the total number of tank cars built to reportable accident or incident. Sandia National Laboratories, the Secretary meet the DOT–117 specification, or equiva- ‘‘(i) INFORMATION PROTECTIONS.—An in-cab of Energy, in cooperation with the Secretary audio or image recording, and any part lent; and of Transportation, shall submit a report to (3) the total number of tank cars used or thereof, that the Secretary obtains as part of the Committee on Commerce, Science, and likely to be used in high-hazard flammable an accident or incident investigated by the Transportation of the Senate, the Com- train service that have not been modified, Department of Transportation shall be ex- mittee on Energy and Natural Resources of specifying— the Senate, the Committee on Transpor- empt from disclosure under section 552(b)(3) (A) the type or specification of each tank tation and Infrastructure of the House of of title 5. car not modified, including the non-jacketed Representatives, and the Committee on En- ‘‘(j) PROHIBITED USE.—An in-cab audio or DOT–111, jacketed DOT–111, non-jacketed ergy and Commerce of the House of Rep- image recording obtained by a rail carrier DOT–111 meeting the CPC–1232 standard, or resentatives that contains— under this section may not be used to retali- jacketed DOT–111 meeting the CPC–1232 ate against an employee. (1) the results of the comprehensive Crude standard; and Oil Characteristics Research Sampling, ‘‘(k) SAVINGS CLAUSE.—Nothing in this sec- (B) the identification number of each Class Analysis, and Experiment (SAE) Plan study; tion may be construed as requiring a rail 3 flammable liquid carried by each tank car carrier to cease or restrict operations upon a and in the past year. (2) recommendations, based on the findings technical failure of an inward- or outward- (c) TANK CAR SHOP DATA.—The Secretary facing image recording device. Such rail car- of the study, for— shall conduct a survey of tank car facilities (A) regulations that should be prescribed rier shall repair or replace the failed inward- modifying tank cars to the DOT–117R speci- or outward-facing image recording device as by the Secretary of Transportation or the fication, or equivalent, or building new tank Secretary of Energy to improve the safe soon as practicable.’’. cars to the DOT–117 specification, or equiva- (b) CONFORMING AMENDMENT.—The table of transport of crude oil; and lent, to generate statistically-valid esti- (B) statutes that should be enacted by Con- contents for subchapter II of chapter 201 is mates of the expected number of tank cars amended by adding at the end the following: gress to improve the safe transport of crude those facilities expect to modify to DOT– oil. 20168. Installation of audio and image record- 117R specification, or equivalent, or build to PART IV—POSITIVE TRAIN CONTROL ing devices.’’. the DOT–117 specification, or equivalent. SEC. 35441. COORDINATION OF SPECTRUM. SEC. 35437. RAIL PASSENGER TRANSPORTATION (d) FREQUENCY.—The Secretary shall col- LIABILITY. lect the data under subsection (b) and con- (a) ASSESSMENT.—The Secretary, in coordi- nation with the Chairman of the Federal (a) LIMITATIONS.—Section 28103(a) is duct the survey under subsection (c) annu- amended— ally until May 1, 2025. Communications Commission, shall assess (1) in paragraph (2), by striking (e) INFORMATION PROTECTIONS.— spectrum needs and availability for imple- ‘‘$200,000,000’’ and inserting ‘‘$295,000,000, ex- (1) IN GENERAL.—The Secretary shall only menting positive train control systems (as cept as provided in paragraph (3).’’; and report data in industry-wide totals and shall defined in section 20157(i)(3) of title 49, (2) by adding at the end the following: treat company-specific information as con- United States Code). The Secretary and the ‘‘(3) The liability cap under paragraph (2) fidential business information. Chairman may consult with external stake- (2) LEVEL OF CONFIDENTIALITY.—The Sec- shall be adjusted every years by the Sec- holders in carrying out this section. retary shall ensure the data collected under EPORT.—Not later than 120 days after retary of Transportation to reflect changes (b) R subsection (b) and the survey data under sub- the date of enactment of this Act, the Sec- in the Consumer Price Index-All Urban Con- section (c) have the same level of confiden- retary shall submit a report to the Com- sumers. ‘‘(4) The Federal Government shall have no tiality as contained in the Confidential In- mittee on Commerce, Science, and Transpor- financial responsibility for any claims de- formation Protection and Statistical Effi- tation of the Senate and the Committee on scribed in paragraph (2).’’. ciency Act of 2002 (44 U.S.C. 3501 note), as ad- Transportation and Infrastructure of the ministered by the Bureau of Transportation House of Representatives that contains the (b) DEFINITION OF RAIL PASSENGER TRANS- Statistics. results of the assessment conducted under PORTATION.—Section 28103(e) is amended— (3) SECTION 552(B)(3) OF TITLE 5.—Any infor- subsection (a). (1) in the heading, by striking ‘‘DEFINI- mation that the Secretary obtains under TION.—’’ and inserting ‘‘DEFINITIONS.—’’; SEC. 35442. UPDATED PLANS. subsection (b) or subsection (c) by the De- (2) in paragraph (2), by striking ‘‘; and’’ and (a) IMPLEMENTATION.—Section 20157(a) is partment of Transportation shall be exempt inserting a semicolon; amended to read as follows: from disclosure under section 552(b)(3) of (3) in paragraph (3), by striking the period ‘‘(a) IMPLEMENTATION.— title 5. ‘‘(1) PLAN REQUIRED.—Each Class I railroad at the end and inserting ‘‘; and’’; and (4) DESIGNEE.—The Secretary may des- carrier and each entity providing regularly (4) by adding at the end the following: ignate the Director of the Bureau of Trans- scheduled intercity or commuter rail pas- ‘‘(4) the term ‘rail passenger transpor- portation Statistics to collect data under senger transportation shall develop and sub- tation’ includes commuter rail passenger subsection (b) and the survey data under sub- mit to the Secretary of Transportation a transportation (as defined in section 24102).’’. section (c) and direct the Director to ensure plan for implementing a positive train con- (c) PROHIBITION.—No Federal funds may be the confidentially of company-specific infor- appropriated for the purpose of paying for trol system by December 31, 2015, governing mation to the maximum extent permitted by the portion of an insurance premium attrib- operations on— law. ‘‘(A) its main line over which intercity rail utable to the increase in allowable awards ‘‘(f) REPORT.—Each year, not later than 60 passenger transportation or commuter rail under the amendments made by subsection days after the date that both the collection passenger transportation (as defined in sec- (a). of the data under subsection (b) and the sur- tion 24102) is regularly provided; (d) EFFECTIVE DATE.—The amendments vey under subsection (c) are complete, the ‘‘(B) its main line over which poison- or made by subsection (a) shall be effective for Secretary shall report on the aggregate re- toxic-by-inhalation hazardous materials (as any passenger rail accident or incident oc- sults, without company-specific information, defined in sections 171.8, 173.115, and 173.132 curring on or after May 12, 2015. to— of title 49, Code of Federal Regulations) are SEC. 35438. MODIFICATION REPORTING. (1) the Committee on Commerce, Science, transported; and (a) IN GENERAL.—Not later than 1 year and Transportation of the Senate; and ‘‘(C) such other tracks as the Secretary after the date of enactment of this Act, the (2) the Committee on Transportation and may prescribe by regulation or order. Secretary shall implement a reporting re- Infrastructure of the House of Representa- ‘‘(2) INTEROPERABILITY AND quirement to monitor industry-wide progress tives. PRIORITIZATION.—The plan shall describe how

VerDate Sep 11 2014 14:17 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5299 the railroad carrier or other entity subject additional modifications, if requested by the paratus, a wayside interface unit (including to paragraph (1) will provide for interoper- Secretary, for the purposes of correcting in- any associated legacy signal system replace- ability of the positive train control systems complete or deficient items to receive ap- ments), back office system hardware, a base with movements of trains of other railroad proval. station radio, a wayside radio, or a loco- carriers over its lines and shall, to the ex- ‘‘(D) PUBLIC AVAILABILITY.—Not later than motive radio. tent practical, implement the positive train 30 days after approving an updated plan ‘‘(5) PLAN IMPLEMENTATION.—The Class I control systems in a manner that addresses under this paragraph, the Secretary shall railroad carrier or other entity subject to areas of greater risk before areas of lesser make the updated plan available on the paragraph (1) shall implement a positive risk. website of the Federal Railroad Administra- train control system in accordance with its ‘‘(3) SECRETARIAL REVIEW OF UPDATED tion. plan, including any amendments made to the PLANS.— ‘‘(E) PENDING REVIEWS.—For an applicant plan by its updated plan approved by the ‘‘(A) SUBMISSION OF UPDATED PLANS.—Not- that submits an updated plan under subpara- Secretary under paragraph (3), and subject to withstanding the deadline set forth in para- graph (A), the Secretary shall extend the section 35443 of the Railroad Reform, En- graph (1), not later than 90 days after the deadline for implementing a positive train hancement, and Efficiency Act. date of enactment of the Railroad Reform, control system at least until the date the ‘‘(6) PROGRESS REPORT.—Each Class I rail- Enhancement, and Efficiency Act, each Class Secretary approves or issues final dis- road carrier or other entity with an approved I railroad carrier or other entity subject to approval for the updated plan with an up- updated plan shall submit an annual report paragraph (1) may submit to the Secretary dated implementation schedule (as described to the Secretary that describes the progress an updated plan that amends the plan sub- in paragraph (4)(B)). made on positive train control implementa- mitted under paragraph (1) with an updated ‘‘(F) DISAPPROVAL.—A railroad carrier or tion, including— implementation schedule (as described in other entity that has its modified version of ‘‘(A) the extent to which the railroad car- paragraph (4)(B)) and milestones or metrics its updated plan disapproved by the Sec- rier or other entity met or exceeded the (as described in paragraph (4)(A)) that dem- retary under subparagraph (C)(i)(III), and metrics or milestones described in paragraph onstrate that the railroad carrier or other that has not implemented a positive train (4)(A); entity will implement a positive train con- control system by the deadline in subsection ‘‘(B) the extent to which the railroad car- trol system as soon as practicable, if imple- (a)(1), is subject to enforcement action au- rier or other entity complied with its imple- menting in accordance with the updated plan thorized under subsection (e). mentation schedule under paragraph (4)(B); will not introduce operational challenges or ‘‘(4) CONTENTS OF UPDATED PLAN.— and risks to full, successful, and safe implemen- ‘‘(A) MILESTONES OR METRICS.—Each up- ‘‘(C) any update to the information pro- tation. dated plan submitted under paragraph (3) vided under paragraph (4)(C). ‘‘(B) REVIEW OF UPDATED PLANS.—Not later shall describe the following milestones or ‘‘(7) CONSTRAINT.—Each updated plan shall than 150 days after receiving an updated plan metrics: reflect that the railroad carrier or other en- under subparagraph (A), the Secretary shall ‘‘(i) The total number of components that tity subject to paragraph (1) will, not later review the updated plan and approve or dis- will be installed with positive train control than December 31, 2018— approve it. In determining whether to ap- by the end of each calendar year until posi- ‘‘(A) complete component installation and prove or disapprove the updated plan, the tive train control is fully implemented, with spectrum acquisition; and Secretary shall consider whether the rail- totals separated by each component cat- ‘‘(B) activate its positive train control sys- road carrier or other entity submitting the egory. tem without undue delay.’’. plan— ‘‘(ii) The number of employees that will re- (b) ENFORCEMENT.—Section 20157(e) is ‘‘(i)(I) has encountered technical or pro- ceive the training, as required under the ap- amended to read as follows: grammatic challenges identified by the Sec- plicable positive train control system regu- ‘‘(e) ENFORCEMENT.—The Secretary is au- retary in the 2012 report transmitted to Con- lations, by the end of each calendar year thorized to assess civil penalties pursuant to gress pursuant to subsection (d); and until positive train control is fully imple- chapter 213 for the failure to submit or com- ‘‘(II) the challenges referred to in sub- mented. ply with a plan for implementing positive clause (I) have negatively affected the suc- ‘‘(iii) The calendar year or years in which train control under subsection (a), including cessful implementation of positive train con- spectrum will be acquired and will be avail- any amendments to the plan made by an up- trol systems; able for use in all areas that it is needed for dated plan (including milestones or metrics ‘‘(ii) has demonstrated due diligence in its positive train control implementation, if and an updated implementation schedule) effort to implement a positive train control such spectrum is not already acquired and approved by the Secretary under paragraph system; ready for use. (3) of such subsection, subject to section ‘‘(iii) has included in its plan milestones or ‘‘(B) IMPLEMENTATION SCHEDULE.—Each up- 35443 of the Railroad Reform, Enhancement, metrics that demonstrate the railroad car- dated plan submitted under paragraph (3) and Efficiency Act.’’. rier or other entity will implement a posi- shall include an implementation schedule (c) DEFINITIONS.—Section 20157(i) is amend- tive train control system as soon as prac- that identifies the dates by which the rail- ed— ticable, if implementing in accordance with road carrier or other entity will— (1) by redesignating paragraphs (1) through the milestones or metrics will not introduce ‘‘(i) fully implement a positive train con- (3) as paragraphs (2) through (4), respec- operational challenges or risks to full, suc- trol system; tively; and cessful, and safe implementation; and ‘‘(ii) complete all component installation, (2) by inserting before paragraph (2), as re- ‘‘(iv) has set an implementation schedule consistent with the milestones or metrics de- designated, the following: in its plan that shows the railroad will com- scribed in subparagraph (A)(i); ‘‘(1) ACTIVATE.—The term ‘activate’ means ply with paragraph (7), if implementing in ‘‘(iii) complete all employee training re- to initiate the use of a positive train control accordance with the implementation sched- quired under the applicable positive train system in every subdivision or district where ule will not introduce operational challenges control system regulations, consistent with the railroad carrier or other entity is pre- or risks to full, successful, and safe imple- the milestones or metrics described in sub- pared to do so safely, reliably, and success- mentation. paragraph (A)(ii); fully, and proceed with revenue service dem- ‘‘(iv) acquire all necessary spectrum, con- ‘‘(C) MODIFICATION OF UPDATED PLANS.—(i) onstration as necessary for system testing sistent with the milestones or metrics in If the Secretary has not approved an updated and certification, prior to full implementa- subparagraph (A)(iii); and plan under subparagraph (B) within 60 days tion.’’. ‘‘(v) activate its positive train control sys- of receiving the updated plan under subpara- (d) CONFORMING AMENDMENT.—Section tem. graph (A), the Secretary shall immediately— 20157(g) is amended— ‘‘(C) ADDITIONAL INFORMATION.—Each up- ‘‘(I) provide a written response to the rail- (1) by striking ‘‘The Secretary’’ and insert- dated plan submitted under paragraph (3) road carrier or other entity that identifies ing the following: shall include— the reason for not approving the updated ‘‘(i) the total number of positive train con- ‘‘(1) IN GENERAL.—The Secretary’’; and (2) plan and explains any incomplete or defi- trol components required for implementa- by adding at the end the following: ‘‘(2) CONFORMING REGULATORY AMEND- cient items; tion, with totals separated by each major MENTS.—Immediately after the date of the ‘‘(II) allow the railroad carrier or other en- component category; tity to submit, within 30 days of receiving ‘‘(ii) the total number of employees requir- enactment of the Railroad Reform, Enhance- the written response under subclause (I), a ing training under the applicable positive ment, and Efficiency Act, the Secretary— modified version of the updated plan for the train control system regulations; ‘‘(A) shall remove or revise any references Secretary’s review; and ‘‘(iii) a summary of the remaining chal- to specified dates in the regulations or or- ‘‘(III) approve or issue final disapproval for lenges to positive train control system im- ders implementing this section to the extent a modified version of the updated plan sub- plementation, including— necessary to conform with the amendments mitted under subclause (II) not later than 60 ‘‘(I) testing issues; made by such Act; and days after receipt. ‘‘(II) interoperability challenges; ‘‘(B) may not enforce any such date-spe- ‘‘(ii) During the 60-day period described in ‘‘(III) permitting issues; and cific deadlines or requirements that are in- clause (i)(III), the railroad or other entity ‘‘(IV) certification challenges. consistent with the amendments made by that has submitted a modified version of the ‘‘(D) DEFINED TERM.—In this paragraph, the such Act.’’. updated plan under clause (i)(II) may make term ‘‘component’’ means a locomotive ap- (e) SAVINGS PROVISIONS.—

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

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Assistance and Real Property Acquisition (b) REFERENCES TO THE RAILROAD REVITAL- ‘‘(1) APPLICATION STATUS NOTICES.—Not Policies Act of 1970 (42 U.S.C. 4601 et seq.) IZATION AND REGULATORY REFORM ACT OF later than 30 days after the date that the and title VI of the Civil Rights Act of 1964 (42 1976.—Except as otherwise expressly pro- Secretary receives an application under this U.S.C. 2000d et seq.). vided, wherever in this subtitle an amend- section, the Secretary shall provide the ap- ‘‘(b) ENVIRONMENTAL REVIEWS.— ment or repeal is expressed in terms of an plicant written notice as to whether the ap- ‘‘(1) COMPLETION OF NEPA REVIEW.—Before amendment to, or repeal of, a section or plication is complete or incomplete. authorizing any Federal funding for the ac- other provision, the reference shall be con- ‘‘(2) INCOMPLETE APPLICATIONS.—If the Sec- quisition of a real property interest that is sidered to be made to a section or other pro- retary determines that an application is in- the subject of a grant or other funding under vision of the Railroad Revitalization and complete, the Secretary shall— this subtitle, the Secretary shall complete, if Regulatory Reform Act of 1976, as amended ‘‘(A) provide the applicant with a descrip- required, the review process under the Na- (45 U.S.C. 801 et seq.). tion of all of the specific information or ma- tional Environmental Policy Act of 1969 (42 SEC. 35602. DEFINITIONS. terial that is needed to complete the applica- U.S.C. 4321 et seq.) with respect to the acqui- Section 501 (45 U.S.C. 821) is amended— tion; and sition. (1) by redesignating paragraph (8) as para- ‘‘(B) allow the applicant to resubmit the ‘‘(2) COMPLETION OF SECTION 106.—An acqui- graph (10); information and material described under sition of a real property interest involving (2) by redesignating paragraphs (6) and (7) subparagraph (A) to complete the applica- an historic site shall not occur unless the as paragraphs (7) and (8), respectively; tion. section 106 process, if required, under the Na- (3) by inserting after paragraph (5) the fol- ‘‘(3) APPLICATION APPROVALS AND DIS- tional Historic Preservation Act (54 U.S.C. lowing: APPROVALS.— 306108) is complete. ‘‘(6) The term ‘investment-grade rating’ ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(3) TIMING OF ACQUISITIONS.—A real prop- means a rating of BBB minus, Baa 3, bbb after the date the Secretary notifies an ap- erty interest acquired under subsection (a) minus, BBB(low), or higher assigned by a plicant that an application is complete may not be developed in anticipation of the rating agency.’’; under paragraph (1), the Secretary shall pro- proposed project until all required environ- (4) by inserting after paragraph (8), as re- vide the applicant written notice as to mental reviews for the project have been designated, the following: whether the Secretary has approved or dis- completed.’’. ‘‘(9) The term ‘‘master credit agreement’’ approved the application. (b) CONFORMING AMENDMENT.—The table of means an agreement to make 1 or more di- ‘‘(B) ACTIONS BY THE OFFICE OF MANAGE- contents of chapter 241 is amended by insert- rect loans or loan guarantees at future dates MENT AND BUDGET.—In order to enable com- ing after the item relating to section 24105 for a program of related projects on terms pliance with the time limit under subpara- the following: acceptable to the Secretary.’’; and graph (A), the Office of Management and ‘‘§ 24106. Advance acquisition.’’. (5) by adding at the end the following: Budget shall take any action required with ‘‘(11) The term ‘project obligation’ means a SEC. 35505. RAILROAD RIGHTS-OF-WAY. respect to the application within that 60–day note, bond, debenture, or other debt obliga- ‘‘Section 306108 of title 54, United States period. tion issued by a borrower in connection with Code, is amended— ‘‘(4) EXPEDITED PROCESSING.—The Sec- the financing of a project, other than a di- retary shall implement procedures and meas- (1) by inserting ‘‘(b) OPPORTUNITY TO COM- rect loan or loan guarantee under this title. ures to economize the time and cost involved MENT.—’’ before ‘‘The head of the Federal ‘‘(12) The term ‘railroad’ has the meaning agency shall afford’’ and indenting accord- in obtaining an approval or a disapproval of given the term ‘railroad carrier’ in section credit assistance under this title. ingly; 20102 of title 49, United States Code. (2) in the matter before subsection (b), by ‘‘(5) DASHBOARD.—The Secretary shall post ‘‘(13) The term ‘rating agency’ means a on the Department of Transportation’s pub- inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The credit rating agency registered with the Se- head of any Federal agency having direct’’ lic Web site a monthly report that includes curities and Exchange Commission as a na- for each application— and indenting accordingly; and tionally recognized statistical rating organi- (3) by adding at the end the following: ‘‘(A) the name of the applicant or appli- zation (as defined in section 3(a) of the Secu- cants; ‘‘(c) EXEMPTION FOR RAILROAD RIGHTS-OF- rities Exchange Act of 1934 (15 U.S.C. 78c(a))). ‘‘(B) the location of the project; WAY.— ‘‘(14) The term ‘substantial completion’ ‘‘(C) a brief description of the project, in- ‘‘(1) IN GENERAL.—Not later than 1 year means— cluding its purpose; after the date of enactment of the Track, ‘‘(A) the opening of a project to passenger ‘‘(D) the requested direct loan or loan Railroad, and Infrastructure Network Act, or freight traffic; or guarantee amount; the Secretary of Transportation shall submit ‘‘(B) a comparable event, as determined by ‘‘(E) the date on which the Secretary pro- a proposed exemption of railroad rights-of- the Secretary and specified in the direct vided application status notice under para- way from the review under this chapter to loan.’’. graph (1); and the Council for its consideration, consistent SEC. 35603. ELIGIBLE APPLICANTS. ‘‘(F) the date that the Secretary provided with the exemption for interstate highways Section 502(a) (45 U.S.C. 822(a)) is amend- notice of approval or disapproval under para- approved on March 10, 2005 (70 Fed. Reg. ed— graph (3).’’. 11,928). ‘‘(1) in paragraph (5), by striking ‘‘one rail- (b) ADMINISTRATION OF DIRECT LOANS AND ‘‘(2) FINAL EXEMPTION.—Not later than 180 road; and’’ and inserting ‘‘1 of the entities LOAN GUARANTEES.—Section 503 (45 U.S.C. days after the date that the Secretary sub- described in ‘‘paragraph (1), (2), (3), (4), or 823) is amended— mits the proposed exemption under para- (6);’’; and (1) in subsection (a), by striking the period graph (1) to the Council, the Council shall (2) by amending paragraph (6) to read as at the end and inserting ‘‘, including a pro- issue a final exemption of railroad rights-of- follows: gram guide and standard term sheet and spe- way from review under this chapter, con- ‘‘(6) solely for the purpose of constructing cific timetables.’’; sistent with the exemption for interstate a rail connection between a plant or facility (2) by redesignating subsections (c) highways approved on March 10, 2005 (70 Fed. and a rail carrier, limited option freight through (l) as subsections (d) through (m), Reg. 11,928).’’. shippers that own or operate a plant or other respectively; SEC. 35506. SAVINGS CLAUSE. facility; and’’. (3) by striking ‘‘(b) ASSIGNMENT OF LOAN Nothing in this title, or any amendment SEC. 35604. ELIGIBLE PURPOSES. GUARANTEES.—’’ and inserting ‘‘(c) ASSIGN- made by this title, shall be construed as Section 502(b)(1) (45 U.S.C. 822(b)(1)) is MENT OF LOAN GUARANTEES.—’’; superceding, amending, or modifying the Na- amended— (4) in subsection (d), as redesignated— tional Environmental Policy Act of 1969 (42 (1) in subparagraph (A), by inserting ‘‘, and (A) in paragraph (1), by striking ‘‘; and’’ U.S.C. 4321 et seq.) or affect the responsi- costs related to these activities, including and inserting a semicolon; bility of any Federal officer to comply with pre-construction costs’’ after ‘‘shops’’; (B) in paragraph (2), by striking the period or enforce any such statute. (2) in subparagraph (B), by striking ‘‘sub- at the end and inserting ‘‘; and’’; and SEC. 35507. TRANSITION. paragraph (A); or’’ and inserting ‘‘subpara- (C) by adding at the end the following: Nothing in this title, or any amendment graph (A) or (C);’’; ‘‘(3) the modification cost has been covered made by this title, shall affect any existing (3) in subparagraph (C), by striking the pe- under section 502(f).’’; and environmental review process, program, riod at the end and inserting a semicolon; (5) by amending subsection (l), as redesig- agreement, or funding arrangement approved and nated, to read as follows: by the Secretary under title 49, United (4) by adding at the end the following: ‘‘(l) CHARGES AND LOAN SERVICING.— ‘‘(D) reimburse planning and design ex- States Code, as that title was in effect on the ‘‘(1) PURPOSES.—The Secretary may collect penses relating to projects described in sub- day preceding the date of enactment of this and spend from each applicant, obligor, or paragraph (A) or (C).’’. subtitle. loan party a reasonable charge for— SEC. 35605. PROGRAM ADMINISTRATION. ‘‘(A) the cost of evaluating the application, Subtitle F—Financing (a) APPLICATION PROCESSING PROCEDURES.— amendments, modifications, and waivers, in- SEC. 35601. SHORT TITLE; REFERENCES. Section 502(i) (45 U.S.C. 822(i)) is amended to cluding for evaluating project viability, ap- (a) SHORT TITLE.—This subtitle may be read as follows: plicant creditworthiness, and the appraisal cited as the ‘‘Railroad Infrastructure Fi- ‘‘(i) APPLICATION PROCESSING PROCE- of the value of the equipment or facilities for nancing Improvement Act’’. DURES.— which the direct loan or loan guarantee is

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5302 CONGRESSIONAL RECORD — SENATE July 21, 2015 sought, and for making necessary determina- without penalty from the proceeds of refi- of the following in addition to the value of tions and findings; nancing from non-Federal funding sources.’’. any tangible asset: ‘‘(B) the cost of award management and (c) SALE OF DIRECT LOANS.—Section 502 (45 ‘‘(A) The net present value of a future project management oversight; U.S.C. 822) is amended by adding at the end stream of State or local subsidy income or ‘‘(C) the cost of services from expert firms, the following: other dedicated revenues to secure the direct including counsel, and independent financial ‘‘(k) SALE OF DIRECT LOANS.— loan or loan guarantee. advisors to assist in the underwriting, audit- ‘‘(1) IN GENERAL.—Subject to paragraph (2) ‘‘(B) Adequate coverage requirements to ing, servicing, and exercise of rights with re- and as soon as practicable after substantial ensure repayment, on a non-recourse basis, spect to direct loans and loan guarantees; completion of a project, the Secretary, after from cash flows generated by the project or and notifying the obligor, may sell to another any other dedicated revenue source, includ- ‘‘(D) the cost of all other expenses incurred entity or reoffer into the capital markets a ing— as a result of a breach of any term or condi- direct loan for the project if the Secretary ‘‘(i) tolls; tion or any event of default on a direct loan determines that the sale or reoffering has a ‘‘(ii) user fees; or or loan guarantee. high probability of being made on favorable ‘‘(iii) payments owing to the obligor under ‘‘(2) STANDARDS.—The Secretary may terms. a public-private partnership. charge different amounts under this sub- ‘‘(2) CONSENT OF OBLIGOR.—In making a ‘‘(C) An investment-grade rating on the di- section based on the different costs incurred sale or reoffering under paragraph (1), the rect loan or loan guarantee, as applicable, under paragraph (1). Secretary may not change the original terms except that if the total amount of the direct ‘‘(3) SERVICER.— and conditions of the secured loan without loan or loan guarantee is greater than ‘‘(A) IN GENERAL.—The Secretary may ap- the prior written consent of the obligor’’. $75,000,000, the applicant shall have an in- point a financial entity to assist the Sec- (d) NONSUBORDINATION.—Section 502 (45 vestment-grade rating from at least 2 rating retary in servicing a direct loan or loan U.S.C. 822), as amended in subsection (c), is agencies on the direct loan or loan guar- guarantee under this section. further amended by adding at the end the antee.’’; and ‘‘(B) DUTIES.—A servicer appointed under following: (6) in paragraph (4), as redesignated, by subparagraph (A) shall act as the agent of ‘‘(l) NONSUBORDINATION.— striking ‘‘amounts’’ and inserting ‘‘amounts the Secretary in serving a direct loan or loan ‘‘(1) IN GENERAL.—Except as provided in (and in the case of a modification, before the guarantee under this section. paragraph (2)(B), a direct loan shall not be modification is executed), to the extent ap- ‘‘(C) FEES.—A servicer appointed under subordinated to the claims of any holder of propriations are not available to the Sec- subparagraph (A) shall receive a servicing project obligations in the event of bank- retary to meet the costs of direct loans and 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 Section 502 (45 U.S.C. 822), as amended by shall— waive the requirement under paragraph (1) subsections (c) and (d) of section 35606 of this ‘‘(A) be credited directly to the Safety and for a public agency borrower that is financ- Act, is further amended by adding at the end Operations account of the Federal Railroad ing ongoing capital programs and has out- the following: Administration; and standing senior bonds under a preexisting in- ‘‘(m) MASTER CREDIT AGREEMENTS.— ‘‘(B) remain available until expended to denture if— ‘‘(1) IN GENERAL.—Subject to section 502(d) pay for the costs described in this sub- ‘‘(i) the direct loan is rated in the A cat- and paragraph (2) of this subsection, the Sec- section.’’. egory or higher; retary may enter into a master credit agree- SEC. 35606. LOAN TERMS AND REPAYMENT. ‘‘(ii) the direct loan is secured and payable ment that is contingent on all of the condi- (a) PREREQUISITES FOR ASSISTANCE.—Sec- from pledged revenues not affected by tions for the provision ‘‘of a direct loan or tion 502(g)(1) (45 U.S.C. 822(g)(1)) is amended project performance, such as a taxbased rev- loan guarantee, as applicable, under this by striking ‘‘35 years from the date of its enue pledge or a system-backed pledge of title and other applicable requirements execution’’ and inserting ‘‘the lesser of 35 project revenues; and being satisfied prior to the issuance of the years after the date of substantial comple- ‘‘(iii) the program share, under this title, direct loan or loan guarantee. tion of the project or the estimated useful of eligible project costs is 50 percent or less. ‘‘(2) CONDITIONS.—Each master credit life of the rail equipment or facilities to be ‘‘(B) LIMITATION.—The Secretary may im- agreement shall— acquired, rehabilitated, improved, developed, pose limitations for the waiver of the non- ‘‘(A) establish the maximum amount and or established’’. subordination requirement under this para- general terms and conditions of each appli- (b) REPAYMENT SCHEDULES.—Section 502(j) graph if the Secretary determines that such cable direct loan or loan guarantee; (45 U.S.C. 822(j)) is amended— limitations would be in the financial interest ‘‘(B) identify 1 or more dedicated non-Fed- (1) in paragraph (1), by striking ‘‘the sixth of the Federal Government.’’. eral revenue sources that will secure the re- anniversary date of the original loan dis- SEC. 35607. CREDIT RISK PREMIUMS. payment of each applicable direct loan or bursement’’ and inserting ‘‘5 years after the Section 502(f) (45 U.S.C. 822(f)) is amended— loan guarantee; date of substantial completion’’; and (1) in paragraph (1), by amending the first ‘‘(C) provide for the obligation of funds for (2) by adding at the end the following: sentence to read as follows: ‘‘In lieu of or in the direct loans or loan guarantees contin- ‘‘(3) DEFERRED PAYMENTS.— combination with appropriations of budget gent on and after all requirements have been ‘‘(A) IN GENERAL.—If at any time after the authority to cover the costs of direct loans met for the projects subject to the master date of substantial completion the project is and loan guarantees as required under sec- credit agreement; and unable to generate sufficient revenues to pay tion 504(b)(1) of the Federal Credit Reform ‘‘(D) provide 1 or more dates, as deter- the scheduled loan repayments of principal Act of 1990 (2 U.S.C. 661c(b)(1)), including the mined by the Secretary, before which the and interest on the direct loan, the Sec- cost of a modification thereof, the Secretary master credit agreement results in each of retary, subject to subparagraph (B), may may accept on behalf of an applicant for as- the direct loans or loan guarantees or in the allow, for a maximum aggregate time of 1 sistance under this section a commitment release of the master credit agreement.’’. year over the duration of the direct loan, the from a non-Federal source, including a State SEC. 35609. PRIORITIES AND CONDITIONS. obligor to add unpaid principal and interest or local government or agency or public ben- (a) PRIORITY PROJECTS.—Section 502(c) (45 to the outstanding balance of the direct efit corporation or public authority thereof, U.S.C. 822(c)) is amended— loan. to fund in whole or in part credit risk pre- (1) in paragraph (1), by inserting ‘‘, includ- ‘‘(B) INTEREST.—A payment deferred under miums and modification costs with respect ing projects for the installation of a positive subparagraph (A) shall— to the loan that is the subject of the applica- train control system (as defined in section ‘‘(i) continue to accrue interest under para- tion or modification.’’; 20157(i) of title 49, United States Code)’’ after graph (2) until the loan is fully repaid; and (2) in paragraph (2)— ‘‘public safety’’; ‘‘(ii) be scheduled to be amortized over the (A) in subparagraph (D), by adding ‘‘and’’ (2) by redesignating paragraphs (2) and (3) remaining term of the loan. after the semicolon; as paragraphs (3) and (2), respectively; ‘‘(4) PREPAYMENTS.— (B) by striking subparagraph (E); and (3) in paragraph (5), by inserting ‘‘or chap- ‘‘(A) USE OF EXCESS REVENUES.—Any excess (C) by redesignating subparagraph (F) as ter 227 of title 49’’ after ‘‘section 135 of title revenues that remain after satisfying sched- subparagraph (E); 23’’; uled debt service requirements on the (3) by striking paragraph (4); (4) by redesignating paragraphs (6) through project obligations and direct loan and all (4) by redesignating paragraph (3) as para- (8) as paragraphs (7) through (9), respec- deposit requirements under the terms of any graph (4); tively; and (5) by inserting after paragraph trust agreement, bond resolution, or similar (5) by inserting after paragraph (2) the fol- (5) the following: agreement securing project obligations may lowing: ‘‘(6) improve railroad stations and pas- be applied annually to prepay the direct loan ‘‘(3) CREDITWORTHINESS.—An applicant may senger facilities and increase transit-ori- without penalty. propose and the Secretary may accept as a ented development;’’. ‘‘(B) USE OF PROCEEDS OF REFINANCING.— basis for determining the amount of the (b) CONDITIONS OF ASSISTANCE.—Section The direct loan may be prepaid at any time credit risk premium under paragraph (2) any 502(h) (45 U.S.C. 822(h)) is amended—

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(1) in paragraph (2), by inserting ‘‘, if appli- ‘‘(4) NATIONAL HIGHWAY FREIGHT NET- ‘‘(2) implementing appropriate safety, en- cable’’ after ‘‘project’’; and WORK.—The term ‘national highway freight vironmental, energy and other transpor- (2) by adding at the end the following: network’ means the network established tation policies; ‘‘(4) For a project described in subsection under section 167 of title 23. ‘‘(3) utilizing advanced technology and in- (b)(1)(E), the Secretary shall require the ap- ‘‘(5) NATIONAL MULTIMODAL FREIGHT NET- novation; plicant, obligor, or other loan party, in addi- WORK.—The term ‘national multimodal ‘‘(4) promoting workforce development; tion to the interest required under sub- freight network’ means the network estab- and section (e), to provide the sponsor of the lished under section 5403. ‘‘(5) using performance management ac- intercity passenger rail service or its des- ‘‘(6) NATIONAL MULTIMODAL FREIGHT STRA- tivities. ignee, a fee or payment in an amount deter- TEGIC PLAN.—The term ‘national multimodal ‘‘(d) IMPLEMENTATION.—The Under Sec- mined appropriate by the Secretary to pro- freight strategic plan’ means the strategic retary for Policy, who shall be responsible vide an equitable share of project revenue to plan developed under section 5404. for the oversight and implementation of the support the capital or operating costs of the ‘‘(7) SECRETARY.—The term ‘Secretary’ national multimodal freight policy, shall— routes serving the passenger rail station or means the Secretary of Transportation. ‘‘(1) assist with the coordination of modal multimodal station where the development ‘‘(8) STATE.—The term ‘State’ means a freight planning; is located.’’. State of the United States, the District of ‘‘(2) ensure consistent, expedited review of SEC. 35610. SAVINGS PROVISION. Columbia, the Commonwealth of Puerto multimodal freight projects; (a) IN GENERAL.—Except as provided in Rico, the Commonwealth of the Northern ‘‘(3) review the project planning and ap- subsection (b), this subtitle, and the amend- Mariana Islands, Guam, American Samoa, proval processes at each modal administra- ments made by this subtitle, shall not affect and the United States Virgin Islands.’’. tion to identify modeling and metric incon- any direct loan (or direct loan obligation) or (b) TECHNICAL AND CONFORMING AMEND- sistencies, approvals, and terminology dif- an outstanding loan guarantee (or loan guar- MENT.—The table of chapters for subtitle III ferences that could hamper multimodal antee commitment) that was in effect prior of title 49, United States Code, is amended by project approval; to the date of enactment of this Act. Any inserting after the item relating to chapter ‘‘(4) identify interagency data sharing op- such transaction entered into before the date 53 the following: portunities to promote freight planning and of enactment of this Act shall be adminis- ‘‘54. Freight ...... 5401’’. coordination; tered until completion under its term as if SEC. 41002. NATIONAL MULTIMODAL FREIGHT ‘‘(5) identify multimodal efforts and con- this Act were not enacted. POLICY. nections; (b) MODIFICATION COSTS.—At the discretion Chapter 54 of subtitle III of title 49, United ‘‘(6) designate the lead agency for of the Secretary, the authority to accept States Code, as added by section 41001, is multimodal freight projects; modification costs on behalf of an applicant amended by adding after section 5401 the fol- ‘‘(7) develop recommendations for State in- under section 502(f) of the Railroad Revital- lowing: centives for multimodal planning efforts, ization and Regulatory Reform Act of 1976 ‘§ 5402. National multimodal freight policy which may include— ‘‘(A) reducing the State cost share; or (45 U.S.C. 822(f)), as amended by section 35607 ‘‘(a) POLICY.—It is the policy of the United ‘‘(B) expediting the review of agreements of this Act, may apply with respect to any States— for multimodal or freight specific projects; direct loan (or direct loan obligation ) or an ‘‘(1) to support investment to maintain and ‘‘(8) explore opportunities within existing outstanding loan guarantee (or loan guar- improve the condition and performance of legal authorities to reduce project delays by antee commitment) that was in effect prior the national multimodal freight network; issuing categorical exclusions or allowing to the date of enactment of this Act. ‘‘(2) to ensure that the United States maxi- self-certifications of right-of-way acquisi- DIVISION D—FREIGHT AND MAJOR mizes its competitiveness in the global econ- tions for freight projects; and PROJECTS omy by increasing the overall productivity ‘‘(9) submit a report to the Committee on and connectivity of the national freight sys- TITLE XLI—FREIGHT POLICY Commerce, Science, and Transportation and tem; and SEC. 41001. ESTABLISHMENT OF FREIGHT CHAP- the Committee on Environment and Public ‘‘(3) to pursue the goals described in sub- TER. Works of the Senate and the Committee on section (b). (a) FREIGHT.—Subtitle III of title 49, Transportation and Infrastructure of the ‘‘(b) GOALS.—The national multimodal United States Code, is amended by inserting House of Representatives that identifies re- after chapter 53 the following: freight policy has the following goals: ‘‘(1) To enhance the economic competitive- quired reports, statutory requirements, and ‘‘CHAPTER 54—FREIGHT ness of the United States by investing in in- other limitations on efficient freight project ‘‘5401. Definitions. frastructure improvements and imple- delivery that could be streamlined or con- ‘‘5402. National multimodal freight policy. menting operational improvements on the solidated.’’. ‘‘5403. National multimodal freight network. freight network of the United States that SEC. 41003. NATIONAL MULTIMODAL FREIGHT ‘‘5404. National freight strategic plan. achieve 1 or more of the following: NETWORK. ‘‘5405. State freight advisory committees. ‘‘(A) Strengthen the contribution of the Chapter 54 of subtitle III of title 49, United ‘‘5406. State freight plans. national freight network to the economic States Code, as amended by section 41002, is ‘‘5407. Transportation investment planning competitiveness of the United States. amended by adding after section 5402 the fol- and data tools. ‘‘(B) Reduce congestion and relieve bottle- lowing: ‘‘5408. Assistance for freight projects. necks in the freight transportation system. ‘‘§ 5403. National multimodal freight network ‘‘§ 5401. Definitions ‘‘(C) Reduce the cost of freight transpor- ‘‘(a) IN GENERAL.—The Secretary shall es- ‘‘In this chapter: tation. tablish a national freight network, in ac- ‘‘(1) ECONOMIC COMPETITIVENESS.—The term ‘‘(D) Improve the reliability of freight cordance with this section— ‘economic competitiveness’ means the abil- transportation. ‘‘(1) to assist States in strategically direct- ity of the economy to efficiently move ‘‘(E) Increase productivity, particularly for ing resources toward improved system per- freight and people, produce goods, and de- domestic industries and businesses that cre- formance for the efficient movement of liver services, including— ate jobs. freight on transportation networks; ‘‘(A) reductions in the travel time of ‘‘(2) To improve the safety, security, effi- ‘‘(2) to inform freight transportation plan- freight; ciency, and resiliency of freight transpor- ning; ‘‘(B) reductions in the congestion caused tation in rural and urban areas. ‘‘(3) to assist in the prioritization of Fed- by the movement of freight; ‘‘(3) To improve the condition of the na- eral investment; and ‘‘(C) improvements to freight travel time tional freight network. ‘‘(4) to assess and support Federal invest- reliability; and ‘‘(4) To use advanced technology to im- ments to achieve the national multimodal ‘‘(D) reductions in freight transportation prove the safety and efficiency of the na- freight policy goals described in section costs due to congestion and insufficient in- tional freight network. 5402(b) of this title and in section 150(b) of frastructure. ‘‘(5) To incorporate concepts of perform- title 23. ‘‘(2) FREIGHT.—The term ‘freight’ means ance, innovation, competition, and account- ‘‘(b) NETWORK COMPONENTS.—The national the commercial transportation of cargo, in- ability into the operation and maintenance multimodal freight network established cluding agricultural, manufactured, retail, of the national freight network. under this section shall consist of all connec- or other goods by vessel, vehicle, pipeline, or ‘‘(6) To improve the efficiency and produc- tors, corridors, and facilities in all freight rail. tivity of the national freight network. transportation modes that are the most crit- ‘‘(3) FREIGHT TRANSPORTATION MODES.—The ‘‘(7) To pursue these goals in a manner that ical to the current and future movement of term ‘freight transportation modes’ means— is not burdensome to State and local govern- freight, including the national highway ‘‘(A) the infrastructure supporting any ments. freight network, to achieve the national mode of transportation that moves freight, ‘‘(c) STRATEGIES.—The United States may multimodal freight policy goals described in including highways, ports, waterways, rail achieve the goals described in subsection (b) section 5402(b) of this title and in section facilities, and pipelines; and by— 150(b) of title 23. ‘‘(B) any vehicles or equipment trans- ‘‘(1) providing funding to maintain and im- ‘‘(c) INITIAL DESIGNATION OF PRIMARY porting goods on such infrastructure. prove freight infrastructure facilities; FREIGHT SYSTEM.—

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‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(A) use, to the extent practicable, meas- years after the date of enactment of the after the date of enactment of the DRIVE urable data to assess the significance of DRIVE Act, the Secretary, in consultation Act, the Secretary, after soliciting input goods movement, including the consider- with State departments of transportation, from stakeholders, including multimodal ation of points of origin, destination, and metropolitan planning organizations, and freight system users, transport providers, linking components of the United States other appropriate public and private trans- metropolitan planning organizations, local global and domestic supply chains; portation stakeholders, shall develop, after governments, ports, airports, railroads, and ‘‘(B) consider— providing opportunity for notice and com- States, through a public process to identify ‘‘(i) the factors described in subsection ment on a draft national freight strategic critical freight facilities and corridors that (c)(2); and plan, and post on the public website of the are vital to achieve the national multimodal ‘‘(ii) any changes in the economy or freight Department of Transportation a national freight policy goals described in section transportation network demand; and freight strategic plan that includes— 5402(b) of this title and in section 150(b) of ‘‘(C) provide the States with an oppor- ‘‘(1) an assessment of the condition and title 23, and after providing notice and op- tunity to submit proposed designations in performance of the national multimodal portunity for comment on a draft system, accordance with paragraph (5). freight network; shall designate a primary freight system ‘‘(5) STATE INPUT.— ‘‘(2) an identification of bottlenecks on the with the goal of— ‘‘(A) IN GENERAL.—Each State that pro- national multimodal freight network that ‘‘(A) improving network and intermodal poses increased designations on the primary create significant freight congestion based connectivity; and freight system shall— on a quantitative methodology developed by ‘‘(B) using measurable data as part of the ‘‘(i) consider nominations for additional the Secretary, which shall, at a minimum, assessment of the significance of freight designations from metropolitan planning or- include— movement, including the consideration of ganizations and State freight advisory com- ‘‘(A) information from the Freight Anal- points of origin, destination, and linking mittees within the State; ysis Framework of the Federal Highway Ad- components of domestic and international ‘‘(ii) consider nominations for the addi- ministration; and supply chains. tional designations from owners and opera- ‘‘(B) to the maximum extent practicable, ‘‘(2) FACTORS.—In designating or redesig- tors of port, rail, pipeline, and airport facili- an estimate of the cost of addressing each nating a primary freight system, the Sec- ties; and bottleneck and any operational improve- retary shall consider— ‘‘(iii) ensure that additional designations ments that could be implemented; ‘‘(A) origins and destinations of freight are consistent with the State Transportation ‘‘(3) a forecast of freight volumes, based on movement within, to, and from the United Improvement Program or freight plan. the most recent data available, for— States; ‘‘(B) REVISIONS.—States may revise routes ‘‘(A) the 5-year period beginning in the ‘‘(B) volume, value, tonnage, and the stra- certified under section 4006 of the Intermodal year during which the plan is issued; and tegic importance of freight; Surface Transportation Efficiency Act of ‘‘(B) if practicable, for the 10- and 20-year ‘‘(C) access to border crossings, airports, 1991 (Public Law 102–240; 105 Stat. 2148) to period beginning in the year during which seaports, and pipelines; conform with the designated freight system the plan is issued; ‘‘(D) economic factors, including balance of under this section. ‘‘(4) an identification of major trade gate- trade; ‘‘(C) SUBMISSION AND CERTIFICATION.—Each ways and national freight corridors that con- ‘‘(E) access to major areas for manufac- State shall submit to the Secretary— nect major economic corridors, population turing, agriculture, or natural resources; ‘‘(i) a list of the additional designations centers, trade gateways, and other major ‘‘(F) access to energy exploration, develop- added under this subsection; and freight generators for current and forecasted ment, installation, and production areas; ‘‘(ii) certification that— traffic and freight volumes, the identifica- ‘‘(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). ment, or inefficient modal connections; cial, and other barriers to improved freight ‘‘(d) CRITICAL RURAL FREIGHT CORRIDORS.— ‘‘(I) impacts on all freight transportation transportation performance (including op- A State may designate freight transpor- modes and modes that share significant portunities for overcoming the barriers); tation infrastructure or facilities within the freight infrastructure; ‘‘(6) an identification of routes providing borders of the State as a critical rural ‘‘(J) elements and transportation corridors access to energy exploration, development, freight corridor if the public road or facil- identified by a multi-State coalition, a installation, or production areas; ity— State, a State advisory committee, or a met- ‘‘(7) routes for providing access to major ‘‘(1) is a rural principal arterial roadway or ropolitan planning organization, using na- areas for manufacturing, agriculture, or nat- facility; tional or local data, as having critical ural resources; ‘‘(2) provides access or service to energy freight importance to the region; ‘‘(8) best practices for improving the per- exploration, development, installation, or ‘‘(K) intermodal connectors, major dis- formance of the national freight network; production areas; tribution centers, inland intermodal facili- ‘‘(9) best practices to mitigate the impacts ‘‘(3) provides access or service to— ties, and first- and last-mile facilities; of freight movement on communities; ‘‘(L) the annual average daily truck traffic ‘‘(A) a grain elevator; ‘‘(10) a process for addressing multistate on principal arterials; and ‘‘(B) an agricultural facility; projects and encouraging jurisdictions to ‘‘(M) the significance of goods movement, ‘‘(C) a mining facility; collaborate on multistate projects; including consideration of global and domes- ‘‘(D) a forestry facility; or ‘‘(11) identification of locations or areas tic supply chains. ‘‘(E) an intermodal facility; with congestion involving freight traffic, and ‘‘(4) connects to an international port of ‘‘(3) REQUIREMENTS FOR DESIGNATION.—A strategies to address those issues; designation may be made under this sub- entry; ‘‘(12) strategies to improve freight inter- section if the freight transportation facility ‘‘(5) provides access to significant air, rail, modal connectivity; and or infrastructure being considered— water, or other freight facilities in the State; ‘‘(13) best practices for improving the per- ‘‘(A) is in an urbanized area, regardless of or formance of the national multimodal freight population; ‘‘(6) has been determined by the State to be network and rural and urban access to crit- ‘‘(B) has been designated under subsection vital to improving the efficient movement of ical freight corridors. (d) as a critical rural freight corridor; freight of importance to the economy of the ‘‘(b) UPDATES TO NATIONAL FREIGHT STRA- ‘‘(C) connects an intermodal facility to— State. TEGIC PLAN.—Not later than 5 years after the ‘‘(e) REDESIGNATION OF PRIMARY FREIGHT ‘‘(i) the primary freight network; or date of completion of the first national SYSTEM.—Beginning on the date that is 5 ‘‘(ii) an intermodal freight facility; multimodal freight strategic plan under sub- years after the initial designation under sub- ‘‘(D)(i) is located within a corridor of a section (a) and every 5 years thereafter, the section (c), and every 5 years thereafter, the route on the primary freight network; and Secretary shall update and repost on the Secretary, using the designation factors de- ‘‘(ii) provides an alternative option impor- public website of the Department of Trans- scribed in subsection (c)(3), shall redesignate tant to goods movement; portation a revised national freight strategic the primary freight system.’’. ‘‘(E) serves a major freight generator, lo- plan.’’. gistic center, agricultural region, or manu- TITLE XLII—PLANNING SEC. 42002. STATE FREIGHT ADVISORY COMMIT- facturing, warehouse, or industrial land; or SEC. 42001. NATIONAL FREIGHT STRATEGIC TEES. ‘‘(F) is important to the movement of PLAN. Chapter 54 of subtitle III of title 49, United freight within a State or metropolitan re- Chapter 54 of subtitle III of title 49, United States Code (as amended by section 42001), is gion, as determined by the State or the met- States Code (as amended by title XLI), is amended by adding at the end the following: ropolitan planning organization. amended by adding at the end the following: ‘‘§ 5405. State freight advisory committees ‘‘(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

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.052 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5305 and private sector freight stakeholders, in- of a project, only if funding for completion of accordance with this section to improve the cluding representatives of ports, third party the project can reasonably be anticipated to efficient movement of freight on the na- logistics providers, shippers, carriers, be available for the project within the time tional highway freight network. freight-related associations, the freight in- period identified in the freight investment ‘‘(b) GOALS.—The goals of the national dustry workforce, the transportation depart- plan. highway freight program are— ment of the State, and local governments. ‘‘(d) PLANNING PERIOD.—The freight plan ‘‘(1) to invest in infrastructure improve- ‘‘(b) ROLE OF COMMITTEE.—A freight advi- shall address a 5-year forecast period. ments and to implement operational im- sory committee of a State described in sub- ‘‘(e) UPDATES.— provements on the highways of the United section (a) shall— ‘‘(1) IN GENERAL.—A State shall update the States that— ‘‘(1) advise the State on freight-related pri- freight plan not less frequently than once ‘‘(A) strengthen the contribution of the na- orities, issues, projects, and funding needs; every 5 years. tional highway freight network to the eco- ‘‘(2) serve as a forum for discussion for ‘‘(2) FREIGHT INVESTMENT PLAN.—A State nomic competitiveness of the United States; State transportation decisions affecting may update the freight investment plan ‘‘(B) reduce congestion and relieve bottle- freight mobility; more frequently than is required under para- necks in the freight transportation system; ‘‘(3) communicate and coordinate regional graph (1).’’. ‘‘(C) reduce the cost of freight transpor- priorities with other organizations; SEC. 42004. FREIGHT DATA AND TOOLS. tation; ‘‘(4) promote the sharing of information be- Chapter 54 of subtitle III of title 49, United ‘‘(D) improve the reliability of freight tween the private and public sectors on States Code (as amended by section 42003), is transportation; and freight issues; and amended by adding at the end the following: ‘‘(E) increase productivity, particularly for ‘‘(5) participate in the development of the ‘‘SEC. 5407. TRANSPORTATION INVESTMENT DATA domestic industries and businesses that cre- freight plan of the State described in section AND PLANNING TOOLS. ate high-value jobs; 5406.’’. ‘‘(a) IN GENERAL.—Not later than 1 year ‘‘(2) to improve the safety, security, effi- SEC. 42003. STATE FREIGHT PLANS. after the date of enactment of the DRIVE ciency, and resiliency of freight transpor- Chapter 54 of subtitle III of title 49, United Act, the Secretary shall— tation in rural and urban areas; States Code (as amended by section 42002), is ‘‘(1) begin development of new tools and ‘‘(3) to improve the state of good repair of amended by adding at the end the following: improvement of existing tools to support an the national highway freight network; ‘‘§ 5406. State freight plans outcome-oriented, performance-based ap- ‘‘(4) to use advanced technology to improve ‘‘(a) IN GENERAL.—Each State shall develop proach to evaluate proposed freight-related the safety and efficiency of the national a freight plan that provides a comprehensive and other transportation projects, includ- highway freight network; plan for the immediate and long-range plan- ing— ‘‘(5) to incorporate concepts of perform- ning activities and investments of the State ‘‘(A) methodologies for systematic analysis ance, innovation, competition, and account- with respect to freight. of benefits and costs on a national or re- ability into the operation and maintenance ‘‘(b) PLAN CONTENTS.—A freight plan de- gional basis; of the national highway freight network; scribed in subsection (a) shall include, at a ‘‘(B) tools for ensuring that the evaluation ‘‘(6) to improve the efficiency and produc- minimum— of freight-related and other transportation tivity of the national highway freight net- ‘‘(1) an identification of significant freight projects could consider safety, economic work; and system trends, needs, and issues with respect competitiveness, urban and rural access, en- ‘‘(7) to reduce the environmental impacts to the State; vironmental sustainability, and system con- of freight movement. ‘‘(2) a description of the freight policies, dition in the project selection process; ‘‘(c) ESTABLISHMENT OF A NATIONAL HIGH- strategies, and performance measures that ‘‘(C) improved methods for data collection WAY FREIGHT NETWORK.— will guide the freight-related transportation and trend analysis; ‘‘(1) IN GENERAL.—The Administrator shall investment decisions of the State; ‘‘(D) encouragement of public-private part- establish a national highway freight network ‘‘(3) when applicable, a listing of critical nerships to carry out data sharing activities in accordance with this section to assist rural and urban freight corridors designated while maintaining the confidentiality of all States in strategically directing resources within the State under section 5403 of this proprietary data; and toward improved system performance for ef- title or section 167 of title 23; ‘‘(E) other tools to assist in effective trans- ficient movement of freight on highways. ‘‘(4) a description of how the plan will im- portation planning; ‘‘(2) NETWORK COMPONENTS.—The national prove the ability of the State to meet the na- ‘‘(2) identify transportation-related model highway freight network shall consist of— tional freight goals established under section data elements to support a broad range of ‘‘(A) the primary highway freight system, 5402(b) of this title and section 150(b) of title evaluation methods and techniques to assist as designated under subsection (d); 23; in making transportation investment deci- ‘‘(B) critical rural freight corridors estab- ‘‘(5) a description of how innovative tech- sions; and lished under subsection (e); nologies and operational strategies, includ- ‘‘(3) at a minimum, in consultation with ‘‘(C) critical urban freight corridors estab- ing freight intelligent transportation sys- other relevant Federal agencies, consider lished under subsection (f); and tems, that improve the safety and efficiency any improvements to existing freight flow ‘‘(D) the portions of the Interstate System of freight movement, were considered; data collection efforts that could reduce not designated as part of the primary high- ‘‘(6) in the case of roadways on which trav- identified freight data gaps and deficiencies way freight system, including designated fu- el by heavy vehicles (including mining, agri- and help improve forecasts of freight trans- ture Interstate System routes as of the date cultural, energy cargo or equipment, and portation demand. of enactment of the DRIVE Act. timber vehicles) is projected to substantially ‘‘(b) CONSULTATION.—The Secretary shall ‘‘(d) DESIGNATION AND REDESIGNATION OF deteriorate the condition of roadways, a de- consult with Federal, State, and other stake- THE PRIMARY HIGHWAY FREIGHT SYSTEM.— scription of improvements that may be re- holders to develop, improve, and implement ‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGH- quired to reduce or impede the deterioration; the tools and collect the data described in WAY FREIGHT SYSTEM.—The initial designa- ‘‘(7) an inventory of facilities with freight subsection (a).’’. tion of the primary highway freight system mobility issues, such as bottlenecks, within TITLE XLIII—FORMULA FREIGHT shall be— the State, and where the facilities are State PROGRAM ‘‘(A) the network designated by the Sec- owned or operated, a description of the strat- retary under section 167(d) of title 23, United SEC. 43001. NATIONAL HIGHWAY FREIGHT PRO- States Code, as in effect on the day before egies the State is employing to address those GRAM. freight mobility issues; the date of enactment of the DRIVE Act; and (a) IN GENERAL.—Section 167 of title 23, ‘‘(B) all National Highway System freight ‘‘(8) consideration of any significant con- United States Code, is amended to read as intermodal connectors. gestion or delay caused by freight move- follows: ments and any strategies to mitigate that ‘‘(2) REDESIGNATION OF PRIMARY HIGHWAY congestion or delay; and ‘‘§ 167. National highway freight program FREIGHT SYSTEM.— ‘‘(9) a freight investment plan that, subject ‘‘(a) ESTABLISHMENT.— ‘‘(A) IN GENERAL.—Beginning on the date to subsection (c)(2), includes a list of priority ‘‘(1) IN GENERAL.—It is the policy of the that is 1 year after the date of enactment of projects and describes how funds made avail- United States to improve the condition and the DRIVE Act and every 5 years thereafter, able to carry out section 167 of title 23 would performance of the national highway freight using the designation factors described in be invested and matched. network to ensure that the national freight subparagraph (E), the Administrator shall ‘‘(c) RELATIONSHIP TO LONG-RANGE PLAN.— network provides the foundation for the redesignate the primary highway freight sys- ‘‘(1) INCORPORATION.—A State freight plan United States to compete in the global econ- tem (including any additional mileage added described in subsection (a) may be developed omy and achieve each goal described in sub- to the primary highway freight system under separately from or incorporated into the section (b). this paragraph as of the date on which the statewide strategic long-range transpor- ‘‘(2) ESTABLISHMENT.—In support of the redesignation process is effective). tation plan required by section 135 of title 23. goals described in subsection (b), the Federal ‘‘(B) MILEAGE.— ‘‘(2) FISCAL CONSTRAINT.—The freight in- Highway Administrator (referred to in this ‘‘(i) FIRST REDESIGNATION.—In redesig- vestment plan component of a freight plan section as the ‘Administrator’) shall estab- nating the primary highway freight system shall include a project, or an identified phase lish a national highway freight program in on the date that is 1 year after the date of

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.052 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5306 CONGRESSIONAL RECORD — SENATE July 21, 2015 enactment of the DRIVE Act, the Adminis- ‘‘(ii) ensure that the additional miles are ‘‘(iii) serves a major freight generator, lo- trator shall limit the system to 30,000 center- consistent with the freight plan of the State; gistic center, or manufacturing and ware- line miles, without regard to the and house industrial land; or connectivity of the primary highway freight ‘‘(iii) review the primary highway freight ‘‘(iv) is important to the movement of system. system of the State designated under para- freight within the region, as determined by ‘‘(ii) SUBSEQUENT REDESIGNATIONS.—Each graph (1) and redesignate miles in a manner the metropolitan planning organization or redesignation after the redesignation de- that is consistent with paragraph (2). the State. scribed in clause (i), the Administrator may ‘‘(C) SUBMISSION.—Each State, under the ‘‘(g) DESIGNATION AND CERTIFICATION.— increase the primary highway freight system advisement of the State freight advisory ‘‘(1) DESIGNATION.—States and metropoli- by up to 5 percent of the total mileage of the committee shall— tan planning organizations may designate system, without regard to the connectivity ‘‘(i) submit to the Administrator a list of corridors under subsections (e) and (f) and of the primary highway freight system. the additional miles added under this sub- submit the designated corridors to the Ad- ‘‘(C) CONSIDERATIONS.— section; and ministrator on a rolling basis. ‘‘(i) IN GENERAL.—In redesignating the pri- ‘‘(ii) certify that— ‘‘(2) CERTIFICATION.—Each State or metro- mary highway freight system, to the max- ‘‘(I) the additional miles meet the require- politan planning organization that des- imum extent practicable, the Administrator ments of subparagraph (A); and ignates a corridor under subsection (e) or (f) shall use measurable data to assess the sig- ‘‘(II) the State, under the advisement of shall certify to the Administrator that the nificance of goods movement, including con- the State freight advisory committee, has designated corridor meets the requirements sideration of points of origin, destination, satisfied the requirements of subparagraph of the applicable subsection. and linking components of the United States (B). ‘‘(h) HIGHWAY FREIGHT TRANSPORTATION CONDITIONS AND PERFORMANCE REPORTS.— global and domestic supply chains. ‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.— Not later than 2 years after the date of en- ‘‘(ii) INTERMODAL CONNECTORS.—In redesig- A State may designate a public road within nating the primary highway freight system, actment of the DRIVE Act and biennially the borders of the State as a critical rural the Administrator shall include all National thereafter, the Administrator shall prepare Highway System freight intermodal connec- freight corridor if the public road— and submit to Congress a report that de- tors. ‘‘(1) is a rural principal arterial roadway scribes the conditions and performance of and has a minimum of 25 percent of the an- ‘‘(D) INPUT.—In addition to the process pro- the national highway freight network in the vided to State freight advisory committees nual average daily traffic of the road meas- United States. ured in passenger vehicle equivalent units under paragraph (3), in redesignating the pri- ‘‘(i) USE OF APPORTIONED FUNDS.— from trucks (Federal Highway Administra- mary highway freight system, the Adminis- ‘‘(1) IN GENERAL.—A State shall obligate trator shall provide an opportunity for State tion vehicle class 8 to 13); funds apportioned to the State under section freight advisory committees to submit addi- ‘‘(2) provides access to energy exploration, 104(b)(5) to improve the movement of freight tional miles for consideration. development, installation, or production on the national highway freight network. areas; ‘‘(E) FACTORS FOR REDESIGNATION.—In re- ‘‘(2) FORMULA.—The Administrator shall designating the primary highway freight sys- ‘‘(3) connects the primary highway freight calculate for each State the proportion tem, the Administrator shall consider— system, a roadway described in paragraph (1) that— ‘‘(i) the origins and destinations of freight or (2), or the Interstate System to facilities ‘‘(A) the total mileage in the State des- movement in, to, and from the United that handle more than— ignated as part of the primary highway States; ‘‘(A) 50,000 20-foot equivalent units per freight system; bears to ‘‘(ii) land and water ports of entry; year; or ‘‘(B) the total mileage of the primary high- ‘‘(iii) access to energy exploration, devel- ‘‘(B) 500,000 tons per year of bulk commod- way freight system in all States. ities; opment, installation, or production areas; ‘‘(3) USE OF FUNDS.— ‘‘(4) provides access to— ‘‘(iv) proximity of access to other freight ‘‘(A) STATES WITH HIGH PRIMARY HIGHWAY ‘‘(A) a grain elevator; intermodal facilities, including rail, air, FREIGHT SYSTEM MILEAGE.—If the proportion water, and pipelines; ‘‘(B) an agricultural facility; of a State under paragraph (2) is greater ‘‘(v) the total freight tonnage and value ‘‘(C) a mining facility; than or equal to 3 percent, the State may ob- moved via highways; ‘‘(D) a forestry facility; or ligate funds apportioned to the State under ‘‘(vi) significant freight bottlenecks, as ‘‘(E) an intermodal facility; section 104(b)(5) for projects on— identified by the Administrator; ‘‘(5) connects to an international port of ‘‘(i) the primary highway freight system; ‘‘(vii) the annual average daily truck traf- entry; ‘‘(ii) critical rural freight corridors; and fic on principal arterials; and ‘‘(6) provides access to significant air, rail, ‘‘(iii) critical urban freight corridors. water, or other freight facilities in the State; ‘‘(viii) the significance of goods movement ‘‘(B) STATES WITH LOW PRIMARY HIGHWAY or on principal arterials, including consider- FREIGHT SYSTEM MILEAGE.—If the proportion ation of global and domestic supply chains. ‘‘(7) is, in the determination of the State, of a State under paragraph (2) is less than 3 vital to improving the efficient movement of ‘‘(3) STATE FLEXIBILITY FOR ADDITIONAL percent, the State may obligate funds appor- freight of importance to the economy of the MILES ON PRIMARY HIGHWAY FREIGHT SYS- tioned to the State under section 104(b)(5) for State. TEM.— projects on any component of the national ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(f) CRITICAL URBAN FREIGHT CORRIDORS.— highway freight network. after each redesignation conducted by the ‘‘(1) URBANIZED AREA WITH POPULATION OF ‘‘(4) FREIGHT PLANNING.—Notwithstanding Administrator under paragraph (2), each 500,000 OR MORE.—In an urbanized area with a any other provision of law, effective begin- State, under the advisement of the State population of 500,000 or more individuals, the ning 2 years after the date of enactment of freight advisory committee, as developed representative metropolitan planning orga- the DRIVE Act, a State may not obligate and carried out in accordance with sub- nization, in consultation with the State, funds apportioned to the State under section section (l), may increase the number of miles may designate a public road within the bor- 104(b)(5) unless the State has— designated as part of the primary highway ders of that area of the State as a critical ‘‘(A) established a freight advisory com- freight system in that State by not more urban freight corridor. mittee in accordance with section 5405 of than 10 percent of the miles designated in ‘‘(2) URBANIZED AREA WITH A POPULATION title 49; and that State under this subsection if the addi- LESS THAN 500,000.—In an urbanized area with ‘‘(B) developed a freight plan in accordance tional miles— a population of less than 500,000 individuals, with section 5406 of title 49, except that the ‘‘(i) close gaps between primary highway the State, in consultation with the rep- multimodal component of the plan may be freight system segments; resentative metropolitan planning organiza- incomplete before an obligation may be ‘‘(ii) establish connections of the primary tion, may designate a public road within the made under this section. highway freight system critical to the effi- borders of that area of the State as a critical ‘‘(5) ELIGIBILITY.— cient movement of goods, including ports, urban freight corridor. ‘‘(A) IN GENERAL.—Except as provided in international border crossings, airports, ‘‘(3) REQUIREMENTS FOR DESIGNATION.—A this subsection, for a project to be eligible intermodal facilities, logistics centers, ware- designation may be made under paragraphs for funding under this section the project houses, and agricultural facilities; or (1) or (2) if the public road— shall— ‘‘(iii) designate critical emerging freight ‘‘(A) is in an urbanized area, regardless of ‘‘(i) contribute to the efficient movement routes. population; and of freight on the national highway freight ‘‘(B) CONSIDERATIONS.—Each State, under ‘‘(B)(i) connects an intermodal facility to— network; and the advisement of the State freight advisory ‘‘(I) the primary highway freight network; ‘‘(ii) be consistent with a freight invest- committee that increases the number of ‘‘(II) the Interstate System; or ment plan included in a freight plan of the miles on the primary highway freight system ‘‘(III) an intermodal freight facility; State that is in effect. under subparagraph (A) shall— ‘‘(ii) is located within a corridor of a route ‘‘(B) OTHER PROJECTS.—A State may obli- ‘‘(i) consider nominations for the addi- on the primary highway freight network and gate not more than 10 percent of the total tional miles from metropolitan planning or- provides an alternative highway option im- apportionment of the State under section ganizations within the State; portant to goods movement; 104(b)(5) for projects—

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.052 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5307 ‘‘(i) within the boundaries of public and consistent with the requirements of sections tion shall be treated as if the project were on private freight rail, water facilities (includ- 134 and 135. a Federal-aid highway.’’. ing ports), and intermodal facilities; and ‘‘(j) STATE PERFORMANCE TARGETS.—If the (b) CONFORMING AMENDMENTS.— ‘‘(ii) that provide surface transportation Administrator determines that a State has (1) The analysis for chapter 1 of title 23, infrastructure necessary to facilitate direct not met or made significant progress toward United States Code, is amended by adding at intermodal interchange, transfer, and access meeting the performance targets related to the end the following: into and out of the facility. freight movement of the State established ‘‘167. National highway freight program.’’ ‘‘(C) ELIGIBLE PROJECTS.—Funds appor- under section 150(d) by the date that is 2 (2) Sections 1116, 1117, and 1118 of MAP–21 tioned to the State under section 104(b)(5) for years after the date of the establishment of (23 U.S.C. 167 note; Public Law 112–141) are the national highway freight program may the performance targets, until the date on repealed. be obligated to carry out 1 or more of the fol- which the Administrator determines that SEC. 43002. SAVINGS PROVISION. lowing: the State has met or has made significant Nothing in this division or the amend- ‘‘(i) Development phase activities, includ- progress towards meeting the performance ments made by this division provides addi- ing planning, feasibility analysis, revenue targets, the State shall submit to the Ad- tional authority to regulate or direct private forecasting, environmental review, prelimi- ministrator, on a biennial basis, a freight activity on freight networks designated by nary engineering and design work, and other performance improvement plan that in- the amendments made by this division. preconstruction activities. cludes— TITLE XLIV—GRANTS ‘‘(ii) Construction, reconstruction, reha- ‘‘(1) an identification of significant freight SEC. 44001. PURPOSE; DEFINITIONS; ADMINIS- bilitation, acquisition of real property (in- system trends, needs, and issues within the TRATION. cluding land relating to the project and im- State; (a) IN GENERAL.—The purpose of the grants provements to land), construction contin- ‘‘(2) a description of the freight policies described in the amendments made by sec- gencies, acquisition of equipment, and oper- and strategies that will guide the freight-re- tion 44002 is to assist in funding critical ational improvements directly relating to lated transportation investments of the high-cost transportation infrastructure improving system performance. State; projects that— ‘‘(iii) Intelligent transportation systems ‘‘(3) an inventory of freight bottlenecks (1) are difficult to complete with existing and other technology to improve the flow of within the State and a description of the Federal, State, local, and private funds; and freight, including intelligent freight trans- ways in which the State is allocating the na- (2) will achieve 1 or more of— portation systems. tional highway freight program funds to im- (A) generation of national or regional eco- ‘‘(iv) Efforts to reduce the environmental prove those bottlenecks; and nomic benefits and an increase in the global impacts of freight movement. ‘‘(4) a description of the actions the State economic competitiveness of the United ‘‘(v) Environmental and community miti- will undertake to meet the performance tar- States; gation of freight movement. gets of the State. (B) reduction of congestion and the im- ‘‘(vi) Railway-highway grade separation. ‘‘(k) STUDY OF MULTIMODAL PROJECTS.— pacts of congestion; ‘‘(vii) Geometric improvements to inter- Not later than 2 years after the date of en- (C) improvement of facilities vital to agri- changes and ramps. actment of the DRIVE Act, the Adminis- culture, manufacturing, or national energy ‘‘(viii) Truck-only lanes. trator shall submit to Congress a report that security; ‘‘(ix) Climbing and runaway truck lanes. contains— (D) improvement of the efficiency, reli- ‘‘(x) Adding or widening of shoulders. ‘‘(1) a study of freight projects identified in ability, and affordability of the movement of ‘‘(xi) Truck parking facilities eligible for State freight plans under section 5406 of title freight; funding under section 1401 of MAP–21 (23 49; and (E) improvement of transportation safety; U.S.C. 137 note; Public Law 112–141). ‘‘(2) an evaluation of multimodal freight (F) improvement of existing and des- ‘‘(xii) Real-time traffic, truck parking, projects included in the State freight plans, ignated future Interstate System routes; or roadway condition, and multimodal trans- or otherwise identified by States, that are (G) improvement of the movement of peo- portation information systems. subject to the limitation of funding for such ple through improving rural connectivity ‘‘(xiii) Electronic screening and projects under this section. and metropolitan accessibility. credentialing systems for vehicles, including ‘‘(l) STATE FREIGHT ADVISORY COMMIT- (b) DEFINITIONS.—In this section and for weigh-in-motion truck inspection tech- TEES.—A State freight advisory committee purposes of the grant programs established nologies. shall be carried out as described in section under the amendments made by section ‘‘(xiv) Traffic signal optimization, includ- 5405 of title 49. 44002: ing synchronized and adaptive signals. ‘‘(m) STATE FREIGHT PLANS.—A State (1) ELIGIBLE APPLICANT.—The term ‘‘eligi- ‘‘(xv) Work zone management and informa- freight plan shall be carried out as described ble applicant’’ means— tion systems. in section 5406 of title 49. (A) a State (or a group of States); ‘‘(xvi) Highway ramp metering. ‘‘(n) INTELLIGENT FREIGHT TRANSPORTATION (B) a local government (or a group of local ‘‘(xvii) Electronic cargo and border secu- SYSTEM.— governments); rity technologies that improve truck freight ‘‘(1) DEFINITION OF INTELLIGENT FREIGHT (C) a tribal government (or a consortium of movement. TRANSPORTATION SYSTEM.—In this section, tribal governments); ‘‘(xviii) Intelligent transportation systems the term ‘intelligent freight transportation (D) a transit agency (or a group of transit that would increase truck freight efficiencies system’ means— agencies); inside the boundaries of intermodal facili- ‘‘(A) an innovative or intelligent techno- (E) a special purpose district or a public ties. logical transportation system, infrastruc- authority with a transportation function; ‘‘(xix) Additional road capacity to address ture, or facilities, including electronic roads, (F) a port authority (or a group of port au- highway freight bottlenecks. driverless trucks, elevated freight transpor- thorities); ‘‘(xx) A highway project, other than a tation facilities, and other intelligent (G) a political subdivision of a State or project described in clauses (i) through (xix), freight transportation systems; and local government; to improve the flow of freight on the na- ‘‘(B) a communications or information (H) a Federal land management agency, tional highway freight network. processing system used singly or in combina- jointly with the applicable State; or ‘‘(xxi) Any other surface transportation tion for dedicated intelligent freight lanes (I) a multistate or multijurisdictional project to improve the flow of freight into and conveyances that improve the efficiency, group of entities described in subparagraphs and out of a facility described in subpara- security, or safety of freight on the Federal- (A) through (H). graph (B). aid highway system or that operate to con- (2) RURAL AREA.—The term ‘‘rural area’’ ‘‘(6) OTHER ELIGIBLE COSTS.—In addition to vey freight or improve existing freight move- means an area that is outside of an urban- the eligible projects identified in paragraph ments. ized area with a population greater than (5), a State may use funds apportioned under ‘‘(2) LOCATION.—An intelligent freight 150,000 individuals, as determined by the Bu- section 104(b)(5) for— transportation system shall be located— reau of the Census. ‘‘(A) carrying out diesel retrofit or alter- ‘‘(A)(i) along existing Federal-aid high- (3) RURAL STATE.—The term ‘‘rural State’’ native fuel projects under section 149 for ways; or means a State that has a population density class 8 vehicles; and ‘‘(ii) in a manner that connects ports-of- of 80 or fewer persons per square mile, based ‘‘(B) the necessary costs of— entry to existing Federal-aid highways; and on the most recent decennial census. ‘‘(i) conducting analyses and data collec- ‘‘(B) in proximity to, or within, an existing (c) APPLICATIONS.— tion related to the national highway freight right-of-way on a Federal-aid highway. (1) IN GENERAL.—An eligible applicant shall program; ‘‘(3) OPERATING STANDARDS.—The Adminis- submit to the Secretary or the Federal High- ‘‘(ii) developing and updating performance trator of the Federal Highway Administra- way Administrator (referred to in this sec- targets to carry out this section; and tion shall determine the need for estab- tion as the ‘‘Administrator’’), as appropriate, ‘‘(iii) reporting to the Administrator to lishing operating standards for intelligent an application in such form and containing comply with section 150. freight transportation systems. such information as the Secretary or Admin- ‘‘(7) APPLICABILITY OF PLANNING REQUIRE- ‘‘(o) TREATMENT OF FREIGHT PROJECTS.— istrator, as appropriate, determines nec- MENTS.—Programming and expenditure of Notwithstanding any other provision of law, essary, including the total amount of the funds for projects under this section shall be a freight project carried out under this sec- grant requested.

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

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receives a grant under this section has a ‘‘(D) improves freight facilities vital to ag- ‘‘(A) IN GENERAL.—Except as provided in crossmodal component, the Administrator— ricultural or national energy security; subparagraph (B)(i), a grant under this sec- ‘‘(A) shall determine the predominant ‘‘(E) improves or upgrades current or des- tion shall be in an amount that is not less modal component of the project; and ignated future Interstate System routes; than $10,000,000 and not greater than ‘‘(B) may apply the applicable require- ‘‘(F) uses innovative technologies, includ- $100,000,000. ments of that predominant modal component ing intelligent transportation systems, that ‘‘(B) PROJECTS IN RURAL AREAS.—If a grant to the project. enhance the efficiency of the project; awarded under this section is for a project ‘‘(i) REPORT TO THE ADMINISTRATOR.—For ‘‘(G) helps to improve mobility and acces- located in a rural area— each project funded under this section, the sibility; and ‘‘(i) the amount of the grant shall be at project sponsor shall evaluate system per- ‘‘(H) improves transportation safety, in- least $1,000,000; and formance and submit to the Administrator a cluding reducing transportation accident and ‘‘(ii) the Secretary may increase the Fed- report not later than 5, 10, and 20 years after serious injuries and fatalities. eral share of costs to greater than 80 percent. completion of the project to assess whether ‘‘(c) ELIGIBLE PROJECTS.— ‘‘(4) FEDERAL SHARE.—Except as provided the project outcomes have met ‘‘(1) IN GENERAL.—A project is eligible for a under paragraph (3)(B)(ii), the Federal share preconstruction projections. grant under this section if the project— of the costs for a project receiving a grant ‘‘(j) ADMINISTRATIVE SELECTION.—The Ad- ‘‘(A) is difficult to complete with existing under this section shall be up to 80 percent. ministrator shall award grants to eligible Federal, State, local, and private funds; ‘‘(5) PRIORITY.—The Secretary shall give projects in a fiscal year based on the criteria ‘‘(B)(i) enhances the economic competitive- priority to projects that require a contribu- described in subsection (e). ness of the United States; or tion of Federal funds in order to complete an ‘‘(k) REPORTS.— ‘‘(ii) improves the flow of freight or re- overall financing package. ‘‘(1) IN GENERAL.—The Administrator shall duces bottlenecks in the freight infrastruc- ‘‘(6) RURAL AREAS.—Not less than 25 per- provide an annual report as described in sec- ture of the United States; and cent of the funding provided under this sec- tion 44001 of the DRIVE Act. ‘‘(C) will advance 1 or more of the fol- tion shall be used to make grants for ‘‘(2) COMPTROLLER GENERAL.—The Comp- lowing objectives: projects located in rural areas. ‘‘(i) Generate regional or national eco- troller General of the United States shall ‘‘(7) NEW COMPETITION.—The Secretary conduct an assessment as described in sec- nomic benefits and an increase in the global shall conduct a new competition each fiscal tion 44001 of the DRIVE Act.’’. economic competitiveness of the United year to select the grants and credit assist- (b) ASSISTANCE FOR FREIGHT PROJECTS.— States. ance awarded under this section. Chapter 54 of subtitle III of title 49, United ‘‘(ii) Improve transportation resources ‘‘(e) CONSULTATION.—The Secretary shall States Code, as amended by section 42004, is vital to agriculture or national energy secu- consult with the Secretary of Energy when amended by adding after section 5407 the fol- rity. considering projects that facilitate the lowing: ‘‘(iii) Improve the efficiency, reliability, movement of energy resources. and affordability of the movement of freight. ‘‘§ 5408. Assistance for freight projects ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iv) Improve existing freight infrastruc- ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(a) ESTABLISHMENT.—The Secretary shall ture projects. appropriated from the general fund of the establish and implement an assistance for ‘‘(v) Improve the movement of people by freight projects grant program for capital in- Treasury, $200,000,000 for each of fiscal years improving rural and metropolitan freight 2016 through 2021 to carry out this section. vestments in major freight transportation routes. ‘‘(2) ADMINISTRATIVE AND OVERSIGHT infrastructure projects to improve the move- ‘‘(2) EXAMPLES.—Eligible projects for grant ment of goods through the transportation COSTS.—The Secretary may retain up to 0.5 funding under this section shall include— percent of the amounts appropriated pursu- network of the United States. ‘‘(A) a freight intermodal facility, includ- ant to paragraph (1)— ‘‘(b) CRITERIA FOR PROJECT EVALUATION ing— ‘‘(A) to administer the assistance for AND SELECTION.— ‘‘(i) an intermodal facility serving a sea- freight projects grant program; and ‘‘(1) IN GENERAL.—The Secretary may se- port; ‘‘(B) to oversee eligible projects funded lect a project for funding under this section ‘‘(ii) an intermodal or cargo access facility under this section. only if the Secretary determines that the serving an airport; ‘‘(3) ADMINISTRATION OF FUNDS.—Amounts project— ‘‘(iii) an intermodal facility serving a port appropriated pursuant to this subsection ‘‘(A) is consistent with the goals described on the inland waterways; shall be available for obligation until ex- in section 5402(b); ‘‘(iv) a bulk intermodal/transload facility; pended. ‘‘(B) will significantly improve the na- or ‘‘(g) CONGRESSIONAL NOTIFICATION.—Not tional or regional performance of the freight ‘‘(v) a highway/rail intermodal facility; later than 72 hours before public notification transportation network; ‘‘(B) a highway or bridge project eligible of a grant awarded under this section, the ‘‘(C) is based on the results of preliminary under title 23; Secretary shall notify the Committee on engineering; ‘‘(C) a public transportation project that Commerce, Science, and Transportation of ‘‘(D) is consistent with the long-range reduces congestion on freight corridors and the Senate, the Committee on Environment statewide transportation plan; is eligible under chapter 53; and Public Works of the Senate, the Com- ‘‘(E) cannot be readily and efficiently com- ‘‘(D) a freight rail transportation project mittee on Banking, Housing, and Urban Af- pleted without Federal financial assistance; (including rail-grade separations); and fairs of the Senate, the Committee on Appro- ‘‘(F) is justified based on the ability of the ‘‘(E) a port infrastructure investment (in- priations of the Senate, the Committee on project— cluding inland port infrastructure). Transportation and Infrastructure of the ‘‘(i) to generate national economic benefits ‘‘(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 anal- to which the project— ‘‘(iii) reducing freight transportation costs; ysis for chapter 1 of title 23, United States ‘‘(A) leverages Federal investment by en- and Code, is amended by adding at the end the couraging non-Federal contributions to the ‘‘(iv) reducing congestion caused by rapid following: project, including contributions from public- population growth on freight corridors. private partnerships; ‘‘(2) MULTIMODAL DISTRIBUTION OF FUNDS.— ‘‘171. Assistance for major projects pro- ‘‘(B) is able to begin construction by the In distributing funding for grants under this gram.’’. date that is not later than 1 year after the section, the Secretary shall take such meas- date on which the project is selected; ures as the Secretary determines necessary DIVISION E—FINANCE ‘‘(C) incorporates innovative project deliv- to ensure the investment in a variety of SEC. 50001. SHORT TITLE. ery and financing to the maximum extent transportation modes. This division may be cited as the ‘‘Trans- practicable; ‘‘(3) AMOUNT.— portation Funding Act of 2015’’.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.052 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5310 CONGRESSIONAL RECORD — SENATE July 21, 2015 TITLE LI—HIGHWAY TRUST FUND AND (iv) by striking ‘‘July 1, 2017’’ in paragraph purposes of the tax imposed by chapter 11 on RELATED TAXES (2) and inserting ‘‘July 1, 2024’’, and the estate of such decedent, such value, and Subtitle A—Extension of Trust Fund (B) in subsection (c)(2), by striking ‘‘July 1, ‘‘(B) in the case of applicable property not Expenditure Authority and Related Taxes 2017’’ and inserting ‘‘July 1, 2024’’. described in subparagraph (A) and with re- SEC. 51101. EXTENSION OF TRUST FUND EXPEND- (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX spect to which a statement has been fur- ITURE AUTHORITY. TRANSFERS.— nished under section 6035(a) identifying the (a) HIGHWAY TRUST FUND.—Section 9503 of (A) IN GENERAL.—Paragraphs (3)(A)(i) and value of such property, such value. the Internal Revenue Code of 1986, as amend- (4)(A) of section 9503(c) of such Code are each ‘‘(2) APPLICABLE PROPERTY.—For purposes ed by division G, is amended— amended by striking ‘‘October 1, 2016’’ and of paragraph (1), the term ‘applicable prop- (1) by striking ‘‘October 1, 2015’’ in sub- inserting ‘‘October 1, 2023’’. erty’ means any property the inclusion of sections (b)(6)(B), (c)(1), and (e)(3) and insert- (B) CONFORMING AMENDMENTS TO LAND AND which in the decedent’s estate increased the ing ‘‘October 1, 2021’’, and WATER CONSERVATION FUND.—Section 200310 liability for the tax imposed by chapter 11 on (2) by striking ‘‘Surface Transportation of title 54, United States Code, is amended— such estate. Such term shall not include any Extension Act of 2015’’ in subsections (c)(1) (i) by striking ‘‘October 1, 2017’’ each place property of an estate if the liability for such and (e)(3) and inserting ‘‘DRIVE Act’’. it appears and inserting ‘‘October 1, 2024’’, tax does not exceed the credits allowable (b) SPORT FISH RESTORATION AND BOATING and against such tax. TRUST FUND.—Section 9504 of the Internal (ii) by striking ‘‘October 1, 2016’’ and in- ‘‘(3) DETERMINATION.—For purposes of para- Revenue Code of 1986, as amended by division serting ‘‘October 1, 2023’’. graph (1), the basis of property has been de- G is amended— (f) EFFECTIVE DATE.—The amendments termined for purposes of the tax imposed by (1) by striking ‘‘Surface Transportation made by this section shall take effect on Oc- chapter 11 if— Extension Act of 2015’’ each place it appears tober 1, 2016. ‘‘(A) the value of such property is shown on in subsection (b)(2) and inserting ‘‘DRIVE Subtitle B—Additional Transfers to Highway a return under section 6018 and such value is Act’’, and Trust Fund not contested by the Secretary before the ex- (2) by striking ‘‘October 1, 2015’’ in sub- SEC. 51201. FURTHER ADDITIONAL TRANSFERS piration of the time for assessing a tax under section (d)(2) and inserting ‘‘October 1, 2021’’. TO TRUST FUND. chapter 11, (c) LEAKING UNDERGROUND STORAGE TANK Subsection (f) of Section 9503 of the Inter- ‘‘(B) in a case not described in subpara- TRUST FUND.—Paragraph (2) of section nal Revenue Code of 1986 is amended by re- graph (A), the value is specified by the Sec- 9508(e) of the Internal Revenue Code of 1986, designating paragraph (7) as paragraph (8) retary and such value is not timely con- as amended by division G, is amended by and by inserting after paragraph (6) the fol- tested by the executor of the estate, or striking ‘‘October 1, 2015’’ and inserting ‘‘Oc- lowing new paragraph: ‘‘(C) the value is determined by a court or tober 1, 2021’’. ‘‘(7) FURTHER TRANSFERS TO TRUST FUND.— pursuant to a settlement agreement with the (d) EFFECTIVE DATE.—The amendments Out of money in the Treasury not otherwise Secretary. made by this section shall take effect on Au- appropriated, there is hereby appropriated— gust 1, 2015. ‘‘(4) REGULATIONS.—The Secretary may by ‘‘(A) $36,541,000,000 to the Highway Account regulations provide exceptions to the appli- SEC. 51102. EXTENSION OF HIGHWAY-RELATED (as defined in subsection (e)(5)(B)) in the cation of this subsection.’’. TAXES. Highway Trust Fund; and (a) IN GENERAL.— (b) INFORMATION REPORTING.— ‘‘(B) $10,679,470,000 to the Mass Transit Ac- (1) Each of the following provisions of the (1) IN GENERAL.—Subpart A of part III of count in the Highway Trust Fund.’’. Internal Revenue Code of 1986 is amended by subchapter A of chapter 61 of the Internal striking ‘‘September 30, 2016’’ and inserting SEC. 51202. TRANSFER TO HIGHWAY TRUST FUND Revenue Code of 1986 is amended by inserting OF CERTAIN MOTOR VEHICLE SAFE- ‘‘September 30, 2023’’: after section 6034A the following new sec- TY PENALTIES. tion: (A) Section 4041(a)(1)(C)(iii)(I). (a) IN GENERAL.—Paragraph (5) of section (B) Section 4041(m)(1)(B). 9503(b) of the Internal Revenue Code of 1986 ‘‘SEC. 6035. BASIS INFORMATION TO PERSONS AC- (C) Section 4081(d)(1). is amended— QUIRING PROPERTY FROM DECE- DENT. (2) Each of the following provisions of such (1) by striking ‘‘There are hereby’’ and in- Code is amended by striking ‘‘October 1, serting the following: ‘‘(a) INFORMATION WITH RESPECT TO PROP- 2016’’ and inserting ‘‘October 1, 2023’’: ‘‘(A) IN GENERAL.—There are hereby’’, and ERTY ACQUIRED FROM DECEDENTS.— (A) Section 4041(m)(1)(A). (2) by adding at the end the following new ‘‘(1) IN GENERAL.—The executor of any es- (B) Section 4051(c). paragraph: tate required to file a return under section (C) Section 4071(d). ‘‘(B) PENALTIES RELATED TO MOTOR VEHICLE 6018(a) shall furnish to the Secretary and to (D) Section 4081(d)(3). SAFETY.— each person acquiring any interest in prop- (b) EXTENSION OF TAX, ETC., ON USE OF CER- ‘‘(i) IN GENERAL.—There are hereby appro- erty included in the decedent’s gross estate TAIN HEAVY VEHICLES.—Each of the following priated to the Highway Trust Fund amounts for Federal estate tax purposes a statement provisions of the Internal Revenue Code of equivalent to covered motor vehicle safety identifying the value of each interest in such 1986 is amended by striking ‘‘2017’’ each place penalty collections. property as reported on such return and such it appears and inserting ‘‘2024’’: other information with respect to such inter- (1) Section 4481(f). ‘‘(ii) COVERED MOTOR VEHICLE SAFETY PEN- ALTY COLLECTIONS.—For purposes of this sub- est as the Secretary may prescribe. (2) Subsections (c)(4) and (d) of section 4482. ‘‘(2) STATEMENTS BY BENEFICIARIES.—Each (c) FLOOR STOCKS REFUNDS.—Section paragraph, the term ‘covered motor vehicle safety penalty collections’ means any person required to file a return under section 6412(a)(1) of the Internal Revenue Code of 6018(b) shall furnish to the Secretary and to 1986 is amended— amount collected in connection with a civil penalty under section 30165 of title 49, United each other person who holds a legal or bene- (1) by striking ‘‘October 1, 2016’’ each place ficial interest in the property to which such it appears and inserting ‘‘October 1, 2023’’, States Code, reduced by any award author- return relates a statement identifying the (2) by striking ‘‘March 31, 2017’’ each place ized by the Secretary of Transportation to be information described in paragraph (1). it appears and inserting ‘‘March 31, 2024’’, paid to any person in connection with infor- ‘‘(3) TIME FOR FURNISHING STATEMENT.— and mation provided by such person related to a ‘‘(A) IN GENERAL.—Each statement re- (3) by striking ‘‘January 1, 2017’’ and in- violation of chapter 301 of such title which is quired to be furnished under paragraph (1) or serting ‘‘January 1, 2024’’. a predicate to such civil penalty.’’. (2) shall be furnished at such time as the (d) EXTENSION OF CERTAIN EXEMPTIONS.— (b) EFFECTIVE DATE.—The amendments (1) Section 4221(a) of the Internal Revenue made by this section shall apply to amounts Secretary may prescribe, but in no case at a Code of 1986 is amended by striking ‘‘October collected after the date of the enactment of time later than the earlier of— 1, 2016’’ and inserting ‘‘October 1, 2023’’. this Act. ‘‘(i) the date which is 30 days after the date (2) Section 4483(i) of such Code is amended TITLE LII—OFFSETS on which the return under section 6018 was required to be filed (including extensions, if by striking ‘‘October 1, 2017’’ and inserting Subtitle A—Tax Provisions any), or ‘‘October 1, 2024’’. SEC. 52101. CONSISTENT BASIS REPORTING BE- (e) EXTENSION OF TRANSFERS OF CERTAIN ‘‘(ii) the date which is 30 days after the TWEEN ESTATE AND PERSON AC- date such return is filed. TAXES.— QUIRING PROPERTY FROM DECE- (1) IN GENERAL.—Section 9503 of the Inter- DENT. ‘‘(B) ADJUSTMENTS.—In any case in which nal Revenue Code of 1986 is amended— (a) PROPERTY ACQUIRED FROM A DECE- there is an adjustment to the information re- (A) in subsection (b)— DENT.—Section 1014 of the Internal Revenue quired to be included on a statement filed (i) by striking ‘‘October 1, 2016’’ each place Code of 1986 is amended by adding at the end under paragraph (1) or (2) after such state- it appears in paragraphs (1) and (2) and in- the following new subsection: ment has been filed, a supplemental state- serting ‘‘October 1, 2023’’, ‘‘(f) BASIS MUST BE CONSISTENT WITH ES- ment under such paragraph shall be filed not (ii) by striking ‘‘OCTOBER 1, 2016’’ in the TATE TAX.— later than the date which is 30 days after heading of paragraph (2) and inserting ‘‘OC- ‘‘(1) IN GENERAL.—The basis under sub- such adjustment is made. TOBER 1, 2023’’, section (a) of any applicable property shall ‘‘(b) REGULATIONS.—The Secretary shall (iii) by striking ‘‘September 30, 2016’’ in not exceed— prescribe such regulations as necessary to paragraph (2) and inserting ‘‘September 30, ‘‘(A) in the case of applicable property the carry out this section, including regulations 2023’’, and final value of which has been determined for relating to—

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

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.053 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5312 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(E) the address of the property securing (F) Section 6655 of such Code is amended— taxable year, and the maximum extension such mortgage, (i) by striking ‘‘3rd month’’ each place it shall be a 6-month period beginning on such ‘‘(F) the date of the origination of such appears in subsections (b)(2)(A), (g)(3), and day. mortgage, and’’. (h)(1) and inserting ‘‘4th month’’, and (10) The due date of FinCEN Form 114 (re- (b) PAYEE STATEMENTS.—Subsection (d) of (ii) in subsection (g)(4), by redesignating lating to Report of Foreign Bank and Finan- section 6050H of the Internal Revenue Code subparagraph (E) as subparagraph (F) and by cial Accounts) shall be April 15 with a max- 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- paragraph (2)(B) shall apply with respect to SEC. 52105. RETURN DUE DATE MODIFICATIONS. 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- N GENERAL.—Section 6072 of the Inter- UTOMATIC 6-MONTH EXTENSION OF INCOME (A) I ginning after December 31, 2015. A 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 ‘‘(f) RETURNS OF PARTNERSHIPS.—Returns a C Corporation ending on June 30, 2025, sec- ternal Revenue Code of 1986 is amended by of partnerships under section 6031 made on tion 6072(a) of the Internal Revenue Code of striking ‘‘3 months’’ and inserting ‘‘6 the basis of the calendar year shall be filed 1986 shall be applied by substituting ‘‘third months’’. on or before the 15th day of March following month’’ for ‘‘fourth month’’. (2) EFFECTIVE DATE.—The amendments the close of the calendar year, and such re- (b) MODIFICATION OF DUE DATES BY REGU- made by this subsection shall apply to re- turns made on the basis of a fiscal year shall LATION.—In the case of returns for any tax- turns for taxable years beginning after De- be filed on or before the 15th day of the third able period beginning after December 31, cember 31, 2015. month following the close of the fiscal 2015, the Secretary of the Treasury or the (3) SPECIAL RULE FOR CERTAIN C CORPORA- year.’’. Secretary’s delegate shall modify appro- TIONS IN 2024.—In the case of any taxable year (B) CONFORMING AMENDMENT.—Section priate regulations to provide as follows: of a C corporation ending on December 31, 6072(a) of such Code is amended by striking (1) The maximum extension for the returns 2024, subsections (a) and (b) of section 6081 of ‘‘6017, or 6031’’ and inserting ‘‘or 6017’’. of partnerships filing Form 1065 shall be a 6- the Internal Revenue Code of 1986 shall each (2) S CORPORATIONS.— month period beginning on the due date for be applied to returns of income taxes under (A) IN GENERAL.—So much of subsection (b) filing the return (without regard to any ex- subtitle A by substituting ‘‘5 months’’ for ‘‘6 of section 6072 of the Internal Revenue Code tensions). months’’. 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: of trusts and estates filing Form 1041 shall be QUALIFIED TAX COLLECTION CON- ‘‘(b) RETURNS OF CERTAIN CORPORATIONS.— a 51⁄2-month period beginning on the due date TRACTS. Returns of S corporations under sections 6012 for filing the return (without regard to any (a) REQUIREMENT TO COLLECT CERTAIN INAC- and 6037 made on the basis of the calendar extensions). TIVE TAX RECEIVABLES UNDER QUALIFIED TAX year shall be filed on or before the 31st day (3) The maximum extension for the returns COLLECTION CONTRACTS.—Section 6306 of the of March following the close of the calendar of employee benefit plans filing Form 5500 Internal Revenue Code of 1986 is amended by year, and such returns made on the basis of shall be an automatic 31⁄2-month period be- redesignating subsections (c) through (f) as a fiscal year shall be filed on or before the ginning on the due date for filing the return subsections (d) through (g), respectively, and last day of the third month following the (without regard to any extensions). by inserting after subsection (b) the fol- close of the fiscal year.’’. (4) The maximum extension for the Forms lowing new subsection: (B) CONFORMING AMENDMENTS.— 990 (series) returns of organizations exempt (i) Section 1362(b) of such Code is amend- from income tax shall be an automatic 6- ‘‘(c) COLLECTION OF INACTIVE TAX RECEIV- ed— month period beginning on the due date for ABLES.— (I) by striking ‘‘15th’’ each place it appears filing the return (without regard to any ex- ‘‘(1) IN GENERAL.—Notwithstanding any and inserting ‘‘last’’, tensions). other provision of law, the Secretary shall (II) by striking ‘‘21⁄2’’ each place it appears (5) The maximum extension for the returns enter into one or more qualified tax collec- in the headings and the text and inserting of organizations exempt from income tax tion contracts for the collection of all out- ‘‘3’’, and that are required to file Form 4720 returns of standing inactive tax receivables. (III) by striking ‘‘2 months and 15 days’’ in excise taxes shall be an automatic 6-month ‘‘(2) INACTIVE TAX RECEIVABLES.—For pur- paragraph (4) and inserting ‘‘3 months’’. period beginning on the due date for filing poses of this section— (ii) Section 1362(d)(1)(C)(i) of such Code is the return (without regard to any exten- ‘‘(A) IN GENERAL.—The term ‘inactive tax amended by striking ‘‘15th’’ and inserting sions). receivable’ means any tax receivable if— ‘‘last’’. (6) The maximum extension for the returns ‘‘(i) at any time after assessment, the In- (iii) Section 1362(d)(1)(C)(ii) of such Code is of trusts required to file Form 5227 shall be ternal Revenue Service removes such receiv- amended by striking ‘‘such 15th day’’ and in- an automatic 6-month period beginning on able from the active inventory for lack of re- serting ‘‘the last day of the 3d month there- the due date for filing the return (without sources or inability to locate the taxpayer, of’’. regard to any extensions). ‘‘(ii) more than 1⁄3 of the period of the ap- (3) CONFORMING AMENDMENTS RELATING TO C (7) The maximum extension for filing Form plicable statute of limitation has lapsed and CORPORATIONS.— 6069, Return of Excise Tax on Excess Con- such receivable has not been assigned for col- (A) Section 170(a)(2)(B) of such Code is tributions to Black Lung Benefit Trust lection to any employee of the Internal Rev- amended by striking ‘‘third month’’ and in- Under Section 4953 and Computation of Sec- enue Service, or serting ‘‘4th month’’. tion 192 Deduction, shall be an automatic 6- ‘‘(iii) in the case of a receivable which has (B) Section 563 of such Code is amended by month period beginning on the due date for been assigned for collection, more than 365 striking ‘‘third month’’ each place it appears filing the return (without regard to any ex- days have passed without interaction with and inserting ‘‘4th month’’. tensions). the taxpayer or a third party for purposes of (C) Section 1354(d)(1)(B)(i) of such Code is (8) The maximum extension for a taxpayer furthering the collection of such receivable. amended by striking ‘‘3d month’’ and insert- required to file Form 8870 shall be an auto- ‘‘(B) TAX RECEIVABLE.—The term ‘tax re- ing ‘‘4th month’’. matic 6-month period beginning on the due ceivable’ means any outstanding assessment (D) Subsection (a) and (c) of section 6167 of date for filing the return (without regard to which the Internal Revenue Service includes such Code are each amended by striking any extensions). in potentially collectible inventory.’’. ‘‘third month’’ and inserting ‘‘4th month’’. (9) The due date of Form 3520–A, Annual In- (b) CERTAIN TAX RECEIVABLES NOT ELIGI- (E) Section 6425(a)(1) of such Code is formation Return of a Foreign Trust with a BLE FOR COLLECTION UNDER QUALIFIED TAX amended by striking ‘‘third month’’ and in- United States Owner, shall be the 15th day of COLLECTION CONTRACTS.—Section 6306 of the serting ‘‘4th month’’. the 4th month after the close of the trust’s Internal Revenue Code of 1986, as amended

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by subsection (a), is amended by redesig- ‘‘(j) REPORT TO CONGRESS.—Not later than Secretary shall establish an account within nating subsections (d) through (g) as sub- 90 days after the last day of each fiscal year the Department for carrying out a program sections (e) through (h), respectively, and by (beginning with the first such fiscal year consisting of the hiring, training, and em- inserting after subsection (c) the following ending after the date of the enactment of ployment of special compliance personnel, new subsection: this subsection), the Secretary shall submit and shall transfer to such account from time ‘‘(d) CERTAIN TAX RECEIVABLES NOT ELIGI- to the Committee on Ways and Means of the to time amounts retained by the Secretary BLE FOR COLLECTION UNDER QUALIFIED TAX House of Representatives and the Committee under section 6306(e)(2). COLLECTIONS CONTRACTS.—A tax receivable on Finance of the Senate a report with re- ‘‘(b) RESTRICTIONS.—The program described shall not be eligible for collection pursuant spect to qualified tax collection contracts in subsection (a) shall be subject to the fol- to a qualified tax collection contract if such under this section which shall include— lowing restrictions: receivable— ‘‘(1) annually, with respect to such fiscal ‘‘(1) No funds shall be transferred to such ‘‘(1) is subject to a pending or active offer- year— account except as described in subsection in-compromise or installment agreement, ‘‘(A) the total number and amount of tax (a). ‘‘(2) is classified as an innocent spouse receivables provided to each contractor for ‘‘(2) No other funds from any other source case, collection under this section, shall be expended for special compliance per- ‘‘(3) involves a taxpayer identified by the ‘‘(B) the total amounts collected (and sonnel employed under such program, and no Secretary as being— amounts of installment agreements entered funds from such account shall be expended ‘‘(A) deceased, into under subsection (b)(1)(B)) with respect for the hiring of any personnel other than ‘‘(B) under the age of 18, to each contractor and the collection costs special compliance personnel. ‘‘(C) in a designated combat zone, or incurred (directly and indirectly) by the In- ‘‘(3) Notwithstanding any other authority, ‘‘(D) a victim of tax-related identity theft, ternal Revenue Service with respect to such the Secretary is prohibited from spending ‘‘(4) is currently under examination, litiga- amounts, funds out of such account for any purpose tion, criminal investigation, or levy, or ‘‘(C) the impact of such contracts on the other than for costs under such program as- ‘‘(5) is currently subject to a proper exer- total number and amount of unpaid assess- sociated with the employment of special cise of a right of appeal under this title.’’. ments, and on the number and amount of as- compliance personnel and the retraining and (c) CONTRACTING PRIORITY.—Section 6306 of sessments collected by Internal Revenue reassignment of current noncollections per- the Internal Revenue Code of 1986, as amend- Service personnel after initial contact by a sonnel as special compliance personnel, and ed by the preceding provisions of this sec- contractor, to reimburse the Internal Revenue Service or tion, is amended by redesignating subsection ‘‘(D) the amount of fees retained by the other government agencies for the cost of ad- (h) as subsection (i) and by inserting after Secretary under subsection (e) and a descrip- ministering qualified tax collection con- subsection (g) the following new subsection: tion of the use of such funds, and tracts under section 6306. ‘‘(h) CONTRACTING PRIORITY.—In con- ‘‘(E) a disclosure safeguard report in a ‘‘(c) REPORTING.—Not later than March of tracting for the services of any person under form similar to that required under section 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 Representatives consisting of the following: nications infrastructure established therein, ‘‘(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 received in the account established under tractors and debt collection centers are ap- 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 costs for the program described in such sub- section.’’. and mechanisms to identify and capture in- section, the number of special compliance (d) DISCLOSURE OF RETURN INFORMATION.— formation on successful collection tech- personnel hired and employed under the pro- Section 6103(k) of the Internal Revenue Code 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.’’. collected by such personnel. ‘‘(2) For the current fiscal year, all actual following new paragraph: (2) REPEAL OF EXISTING REPORTING REQUIRE- and estimated funds received or to be re- ‘‘(11) QUALIFIED TAX COLLECTION CONTRAC- MENTS WITH RESPECT TO QUALIFIED TAX COL- ceived in the account, all actual and esti- TORS.—Persons providing services pursuant LECTION CONTRACTS.—Section 881 of the to a qualified tax collection contract under American Jobs Creation Act of 2004 is mated administrative and program costs, the section 6306 may, if speaking to a person who amended by striking subsection (e). number of all actual and estimated special has identified himself or herself as having (g) EFFECTIVE DATES.— compliance personnel hired and employed the name of the taxpayer to which a tax re- (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- mated revenue actually collected or to be tion) relates, identify themselves as contrac- 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. ‘‘(3) For the following fiscal year, an esti- close the business name of the contractor, (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 term ‘special compliance personnel’ means by the preceding provisions of this section, is (4) PROCEDURES; REPORT TO CONGRESS.—The 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 AXPAYERS IN RESIDENTIALLY E collect taxes using the automated collection ‘‘(i) T P D - SEC. 52107. SPECIAL COMPLIANCE PERSONNEL CLARED DISASTER AREAS.—The Secretary PROGRAM. system or an equivalent replacement system. may prescribe procedures under which a tax- (a) IN GENERAL.—Subsection (e) of section ‘‘(2) PROGRAM COSTS.—The term ‘program payer determined to be affected by a Feder- 6306 of the Internal Revenue Code of 1986, as costs’ means— ally declared disaster (as defined by section redesignated by section 52106, is amended by ‘‘(A) total salaries (including locality pay 165(i)(5)) may request— striking ‘‘for collection enforcement activi- and bonuses), benefits, and employment ‘‘(1) relief from immediate collection meas- ties of the Internal Revenue Service’’ in taxes for special compliance personnel em- ures by contractors under this section, and paragraph (2) and inserting ‘‘to fund the spe- ployed or trained under the program de- ‘‘(2) a return of the inactive tax receivable cial compliance personnel program account scribed in subsection (a), and to the inventory of the Internal Revenue under section 6307’’. ‘‘(B) direct overhead costs, salaries, bene- Service to be collected by an employee (b) SPECIAL COMPLIANCE PERSONNEL PRO- fits, and employment taxes relating to sup- thereof.’’. GRAM ACCOUNT.—Subchapter A of chapter 64 port staff, rental payments, office equipment (f) REPORT TO CONGRESS.— of the Internal Revenue Code of 1986 is and furniture, travel, data processing serv- (1) IN GENERAL.—Section 6306 of the Inter- amended by adding at the end the following ices, vehicle costs, utilities, telecommuni- nal Revenue Code of 1986, as amended by the new section: cations, postage, printing and reproduction, preceding provisions of this section, is ‘‘SEC. 6307. SPECIAL COMPLIANCE PERSONNEL supplies and materials, lands and structures, amended by redesignating subsection (j) as PROGRAM ACCOUNT. insurance claims, and indemnities for special subsection (k) and by inserting after sub- ‘‘(a) ESTABLISHMENT OF A SPECIAL COMPLI- compliance personnel hired and employed section (i) the following new subsection: ANCE PERSONNEL PROGRAM ACCOUNT.—The under this section.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.053 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5314 CONGRESSIONAL RECORD — SENATE July 21, 2015 For purposes of subparagraph (B), the cost of serting ‘‘the amount of fees collected under paragraph (1) shall be deposited in the gen- management and supervision of special com- subsection (a) (determined without regard to eral fund of the Treasury during the fiscal pliance personnel shall be taken into ac- any adjustment made under subsection (l))’’; year in which the sale occurs. count as direct overhead costs to the extent and (b) EMERGENCY PROTECTION.—In any 1 fis- such costs, when included in total program (2) in paragraph (3)(A), in the matter pre- cal year described in subsection (a)(1), the costs under this paragraph, do not represent ceding clause (i)— Secretary of Energy shall not drawdown and more than 10 percent of such total costs.’’. (A) by striking ‘‘fees collected’’ and insert- sell crude oil under this section in quantities (c) CLERICAL AMENDMENT.—The table of ing ‘‘amount of fees collected’’; and that would result in a Strategic Petroleum sections for subchapter A of chapter 64 of the (B) by striking ‘‘), each appropriation’’ and Reserve that contains an inventory of petro- Internal Revenue Code of 1986 is amended by inserting ‘‘, and determined without regard leum products representing fewer than 90 inserting after the item relating to section to any adjustment made under subsection days of emergency reserves, based on the av- 6306 the following new item: (l)), each appropriation’’. erage daily level of net imports of crude oil ‘‘Sec. 6307. Special compliance personnel (c) CONFORMING AMENDMENTS.—Section and petroleum products in the calendar year program account.’’. 13031 of the Consolidated Omnibus Budget preceding that fiscal year. SEC. 52205. EXTENSION OF ENTERPRISE GUAR- (d) EFFECTIVE DATE.—The amendment Reconciliation Act of 1985 (19 U.S.C. 58c), as amended by subsections (a) and (b), is fur- ANTEE FEE. made by subsection (a) shall apply to Section 1327(f) of the Housing and Commu- amounts collected and retained by the Sec- ther amended— (1) in subsection (a), in the matter pre- nity Development Act of 1992 (12 U.S.C. retary after the date of the enactment of 4547(f)) is amended by striking ‘‘October 1, this Act. ceding paragraph (1), by inserting ‘‘(subject to adjustment under subsection (l))’’ after 2021’’ and inserting ‘‘October 1, 2025’’. SEC. 52108. TRANSFERS OF EXCESS PENSION AS- Subtitle C—Outlays SETS TO RETIREE HEALTH AC- ‘‘following fees’’; and COUNTS. (2) in subsection (b)— SEC. 52301. RECISION OF FUNDS FROM HARDEST HIT FUND PROGRAM. (a) IN GENERAL.—Section 420(b)(4) of the In- (A) in paragraph (2), by inserting ‘‘(subject ternal Revenue Code of 1986 is amended by to adjustment under subsection (l))’’ after Effective on the date of enactment of this striking ‘‘December 31, 2021’’ and inserting ‘‘in fees’’; Act, all unobligated amounts made available under the Hardest Hit Fund program of the ‘‘December 31, 2025’’. (B) in paragraph (3), by inserting ‘‘(subject Secretary of the Treasury under title I of the (b) CONFORMING ERISA AMENDMENTS.— to adjustment under subsection (l))’’ after (1) Sections 101(e)(3), 403(c)(1), and ‘‘in fees’’; Emergency Economic Stabilization Act of 408(b)(13) of the Employee Retirement In- (C) in paragraph (5)(A), by inserting ‘‘(sub- 2008 (12 U.S.C. 5211 et seq.) are rescinded. come Security Act of 1974 (29 U.S.C. ject to adjustment under subsection (l))’’ SEC. 52302. INTEREST ON OVERPAYMENT. 1021(e)(3), 1103(c)(1), 1108(b)(13)) are each after ‘‘in fees’’; Section 111 of the Federal Oil and Gas Roy- amended by striking ‘‘MAP-21’’ and inserting (D) in paragraph (6), by inserting ‘‘(subject alty Management Act of 1982 (30 U.S.C. 1721) ‘‘DRIVE Act’’. to adjustment under subsection (l))’’ after is amended— (2) Section 408(b)(13) of such Act (29 U.S.C. ‘‘in fees’’; (1) by striking subsections (h) and (i); 1108(b)(13)) is amended by striking ‘‘January (E) in paragraph (8)(A)— (2) by redesignating subsections (j) through 1, 2022’’ and inserting ‘‘January 1, 2026’’. (i) in clause (i), by inserting ‘‘or (l)’’ after (l) as subsections (h) through (j), respec- ‘‘subsection (a)(9)(B)’’; and tively; and Subtitle B—Fees and Receipts (ii) in clause (ii), by inserting ‘‘(subject to (3) in subsection (h) (as so redesignated), SEC. 52201. EXTENSION OF DEPOSITS OF SECU- adjustment under subsection (l))’’ after ‘‘$3’’; by striking the fourth sentence. RITY SERVICE FEES IN THE GEN- and SEC. 52303. REVISIONS TO PROVISIONS LIMITING ERAL FUND. PAYMENT OF BENEFITS TO FUGI- Section 44940(i)(4) of title 49, United States (F) in paragraph (9)— (i) in subparagraph (A)— TIVE FELONS UNDER TITLES II, VIII, Code, is amended by adding at the end the AND XVI OF THE SOCIAL SECURITY (I) in the matter preceding clause (i), by in- following: ACT. serting ‘‘and subject to adjustment under ‘‘(K) $1,750,000,000 for each of fiscal years (a) TITLE II AMENDMENTS.— subsection (l)’’ after ‘‘Tariff Act of 1930’’; and 2024 and 2025.’’. (1) FUGITIVE FELON WARRANT REQUIRE- (II) in clause (ii)(I), by inserting ‘‘(subject MENT.—Section 202(x)(1)(A)(iv) of the Social SEC. 52202. ADJUSTMENT FOR INFLATION OF to adjustment under subsection (l))’’ after FEES FOR CERTAIN CUSTOMS SERV- Security Act (42 U.S.C. 402(x)(1)(A)(iv)) is ICES. ‘‘bill of lading’’; and amended— (a) IN GENERAL.—Section 13031 of the Con- (ii) in subparagraph (B)(i), by inserting (A) by striking ‘‘fleeing to avoid’’ and in- solidated Omnibus Budget Reconciliation ‘‘(subject to adjustment under subsection serting ‘‘the subject of an arrest warrant for Act of 1985 (19 U.S.C. 58c) is amended by add- (l))’’ after ‘‘bill of lading’’. the purpose of’’; ing at the end the following: SEC. 52203. DIVIDENDS AND SURPLUS FUNDS OF (B) by striking ‘‘the place from which the ‘‘(l) ADJUSTMENT OF FEES FOR INFLATION.— RESERVE BANKS. person flees’’ the first place it appears and ‘‘(1) IN GENERAL.—The Secretary of the Section 7(a)(1)(A) of the Federal Reserve inserting ‘‘the jurisdiction issuing the war- Treasury shall adjust the fees established Act (12 U.S.C. 289(a)(1)(A)) is amended by rant’’; under subsection (a), and the limitations on striking ‘‘6 percent’’ and inserting ‘‘6 percent (C) by striking ‘‘the place from which the such fees under paragraphs (2), (3), (5), (6), (1.5 percent in the case of a stockholder hav- person flees’’ the second place it appears and (8), and (9) of subsection (b), on October 1, ing total consolidated assets of more than inserting ‘‘the jurisdiction’’; and 2015, and annually thereafter, to reflect the $1,000,000,000 (determined as of September 30 (D) by inserting ‘‘, and a Federal, State, or percentage (if any) of the increase in the av- of the preceding fiscal year))’’. local law enforcement agency has notified erage of the Consumer Price Index for the SEC. 52204. STRATEGIC PETROLEUM RESERVE the Commissioner that such agency intends preceding 12-month period compared to the DRAWDOWN AND SALE. to pursue the arrest, extradition, or prosecu- Consumer Price Index for fiscal year 2014. (a) DRAWDOWN AND SALE.— tion of the individual’’ after ‘‘ the actual ‘‘(2) SPECIAL RULES FOR CALCULATION OF AD- (1) IN GENERAL.—Notwithstanding section sentence imposed’’. JUSTMENT.—In adjusting under paragraph (1) 161 of the Energy Policy and Conservation (2) PROBATION AND PAROLE VIOLATOR WAR- the amount of the fees established under sub- Act (42 U.S.C. 6241), except as provided in RANT REQUIREMENT.—Section 202(x)(1)(A)(v) section (a), and the limitations on such fees subsection (b), the Secretary of Energy shall of the Social Security Act (42 U.S.C. under paragraphs (2), (3), (5), (6), (8), and (9) drawdown and sell from the Strategic Petro- 402(x)(1)(A)(v)) is amended to read as follows: of subsection (b), the Secretary— leum Reserve— ‘‘(v) is the subject of an arrest warrant for ‘‘(A) shall round the amount of any in- (A) 4,000,000 barrels of crude oil during fis- violating a condition of probation or parole crease in the Consumer Price Index to the cal year 2018; imposed under Federal or State law, and a nearest dollar; and (B) 5,000,000 barrels of crude oil during fis- Federal, State, or local law enforcement ‘‘(B) may ignore any such increase of less cal year 2019; agency has notified the Commissioner that than 1 percent. (C) 8,000,000 barrels of crude oil during fis- such agency intends to pursue the arrest or ‘‘(3) CONSUMER PRICE INDEX DEFINED.—For cal year 2020; extradition of the individual or the revoca- purposes of this subsection, the term ‘Con- (D) 8,000,000 barrels of crude oil during fis- tion of the individual’s probation or parole.’’. sumer Price Index’ means the Consumer cal year 2021; (b) TITLE VIII AMENDMENTS.— Price Index for All Urban Consumers pub- (E) 10,000,000 barrels of crude oil during fis- (1) FUGITIVE FELON WARRANT REQUIRE- lished by the Bureau of Labor Statistics of cal year 2022; MENT.—Section 804(a)(2) of such Act (42 the Department of Labor.’’. (F) 16,000,000 barrels of crude oil during fis- U.S.C. 1004(a)(2)) is amended— (b) DEPOSITS INTO CUSTOMS USER FEE AC- cal year 2023; (A) by striking ‘‘fleeing to avoid’’ and in- COUNT.—Section 13031(f) of the Consolidated (G) 25,000,000 barrels of crude oil during fis- serting ‘‘the subject of an arrest warrant for Omnibus Budget Reconciliation Act of 1985 cal year 2024; and the purpose of’’; (19 U.S.C. 58c(f)) is amended— (H) 25,000,000 barrels of crude oil during fis- (B) by striking ‘‘the jurisdiction within the (1) in paragraph (1), in the matter pre- cal year 2025. United States from which the person has ceding subparagraph (A), by striking ‘‘all (2) DEPOSIT OF AMOUNTS RECEIVED FROM fled’’ and inserting ‘‘any jurisdiction within fees collected under subsection (a)’’ and in- SALE.—Amounts received from a sale under the United States’’;

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(C) by striking ‘‘place from which the per- (or would be such a recipient but for the ap- (9) ENVIRONMENTAL DOCUMENT.— son has fled’’ and inserting ‘‘jurisdiction plication of paragraph (4)(A)’’; and (A) IN GENERAL.—The term ‘‘environmental issuing the warrant’’; and (B) by striking ‘‘the recipient’’ each place document’’ means an environmental assess- (D) by inserting ‘‘, and a Federal, State, or it appears and inserting ‘‘the individual’’. ment, finding of no significant impact, no- local law enforcement agency has notified (d) EFFECTIVE DATE.—The amendments tice of intent, environmental impact state- the Commissioner that such agency intends made by this section shall be effective with ment, or record of decision. to pursue the arrest, extradition, or prosecu- respect to benefits payable under the Social (B) INCLUSIONS.—The term ‘‘environmental tion of the individual’’ after ‘‘ the actual Security Act for months that begin after 270 document’’ includes— sentence imposed’’. days following the date of the enactment of (i) any document that is a supplement to a this section. (2) PROBATION AND PAROLE WARRANT RE- document described in subparagraph (A); and QUIREMENT.—Section 804(a)(3) of the Social DIVISION F—MISCELLANEOUS (ii) a document prepared pursuant to a Security Act (42 U.S.C. 1004(a)(3)) is amended TITLE LXI—FEDERAL PERMITTING court order. to read as follows: IMPROVEMENT (10) ENVIRONMENTAL IMPACT STATEMENT.— ‘‘(3) during any part of which the indi- SEC. 61001. DEFINITIONS. The term ‘‘environmental impact state- vidual is the subject of an arrest warrant for In this title: ment’’ means the detailed written statement violating a condition of probation or parole (1) AGENCY.—The term ‘‘agency’’ has the required under section 102(2)(C) of NEPA. imposed under Federal or State law, and a meaning given the term in section 551 of (11) ENVIRONMENTAL REVIEW.—The term Federal, State, or local law enforcement title 5, United States Code. ‘‘environmental review’’ means the agency agency has notified the Commissioner that (2) AGENCY CERPO.—The term ‘‘agency procedures and processes for applying a cat- such agency intends to pursue the arrest or CERPO’’ means the chief environmental re- egorical exclusion or for preparing an envi- extradition of the individual or the revoca- view and permitting officer of an agency, as ronmental assessment, an environmental im- tion of the individual’s probation or parole; designated by the head of the agency under pact statement, or other document required or’’. section 61002(b)(2)(A)(iii)(I). under NEPA. (3) DISCLOSURE.—Section 804 of such Act (42 (3) AUTHORIZATION.—The term ‘‘authoriza- (12) EXECUTIVE DIRECTOR.—The term ‘‘Ex- U.S.C. 1004) is amended by adding at the end tion’’ means any license, permit, approval, ecutive Director’’ means the Executive Di- the following: finding, determination, or other administra- rector appointed by the President under sec- ‘‘(c) Notwithstanding the provisions of sec- tive decision issued by an agency that is re- tion 61002(b)(1)(A). tion 552a of title 5, United States Code, or quired or authorized under Federal law in (13) FACILITATING AGENCY.—The term ‘‘fa- any other provision of Federal or State law order to site, construct, reconstruct, or com- cilitating agency’’ means the agency that re- (other than section 6103 of the Internal Rev- mence operations of a covered project, ceives the initial notification from the project sponsor required under section enue Code of 1986 and section 1106(c) of this whether administered by a Federal or State 61003(a). Act), the Commissioner shall furnish any agency. (14) INVENTORY.—The term ‘‘inventory’’ Federal, State, or local law enforcement offi- (4) COOPERATING AGENCY.—The term ‘‘co- means the inventory of covered projects es- cer, upon written request of the officer, with operating agency’’ means any agency with— tablished by the Executive Director under the current address, Social Security number, (A) jurisdiction under Federal law; or section 61002(c)(1)(A). and photograph (if applicable) of any indi- (B) special expertise as described in section (15) LEAD AGENCY.—The term ‘‘lead agen- vidual who is a recipient of (or would be such 1501.6 of title 40, Code of Federal Regulations cy’’ means the agency with principal respon- a recipient but for the application of para- (as in effect on the date of enactment of this sibility for an environmental review of a graph (2) or (3) of subsection (a)) benefits Act). (5) COUNCIL.—The term ‘‘Council’’ means covered project under NEPA and parts 1500 under this title, if the officer furnishes the through 1508 of title 40, Code of Federal Reg- Commissioner with the name of the indi- the Federal Infrastructure Permitting Im- provement Steering Council established ulations (or successor regulations). vidual and other identifying information as (16) NEPA.—The term ‘‘NEPA’’ means the reasonably required by the Commissioner to under section 61002(a). (6) COVERED PROJECT.— National Environmental Policy Act of 1969 establish the unique identity of the indi- (42 U.S.C. 4321 et seq.). vidual, and notifies the Commissioner that— (A) IN GENERAL.—The term ‘‘covered (17) PARTICIPATING AGENCY.—The term ‘‘(1) the individual is described in para- project’’ means any activity in the United States that requires authorization or envi- ‘‘participating agency’’ means an agency graph (2) or (3) of subsection (a); and participating in an environmental review or ‘‘(2) the location or apprehension of such ronmental review by a Federal agency in- volving construction of infrastructure for re- authorization for a covered project in ac- individual is within the officer’s official du- cordance with section 61003. ties.’’. newable or conventional energy production, electricity transmission, surface transpor- (18) PROJECT SPONSOR.—The term ‘‘project (c) TITLE XVI AMENDMENTS.— tation, aviation, ports and waterways, water sponsor’’ means an entity, including any pri- (1) FUGITIVE FELON WARRANT REQUIRE- resource projects, broadband, pipelines, man- vate, public, or public-private entity, seek- MENT.—Section 1611(e)(4)(A)(i) of such Act (42 ufacturing, or any other sector as deter- ing an authorization for a covered project. U.S.C. 1382(e)(4)(A)(i)) is amended— mined by a majority vote of the Council SEC. 61002. FEDERAL PERMITTING IMPROVE- (A) by striking ‘‘fleeing to avoid’’ and in- that— MENT COUNCIL. serting ‘‘the subject of an arrest warrant for (i)(I) is subject to NEPA; (a) ESTABLISHMENT.—There is established the purpose of’’; (II) is likely to require a total investment the Federal Permitting Improvement Steer- (B) by striking ‘‘the place from which the of more than $200,000,000; and ing Council. person flees’’ the first place it appears and (III) does not qualify for abbreviated au- (b) COMPOSITION.— inserting ‘‘the jurisdiction issuing the war- thorization or environmental review proc- (1) CHAIR.—The Executive Director shall— rant’’; esses under any applicable law; or (A) be appointed by the President; and (C) by striking ‘‘the place from which the (ii) is subject to NEPA and the size and (B) serve as Chair of the Council. person flees’’ the second place it appears and complexity of which, in the opinion of the (2) COUNCIL MEMBERS.— inserting ‘‘the jurisdiction’’; and Council, make the project likely to benefit (A) IN GENERAL.— (D) by inserting ‘‘, and a Federal, State, or from enhanced oversight and coordination, (i) DESIGNATION BY HEAD OF AGENCY.—Each local law enforcement agency has notified including a project likely to require— individual listed in subparagraph (B) shall the Commissioner that such agency intends (I) authorization from or environmental re- designate a member of the agency in which to pursue the arrest, extradition, or prosecu- view involving more than 2 Federal agencies; the individual serves to serve on the Council. tion of the person’’ after ‘‘ the actual sen- or (ii) QUALIFICATIONS.—A councilmember de- tence imposed’’. (II) the preparation of an environmental scribed in clause (i) shall hold a position in (2) PROBATION AND PAROLE WARRANT RE- impact statement under NEPA. the agency of deputy secretary (or the equiv- QUIREMENT.—Section 1611(e)(4)(A)(ii) of the (B) EXCLUSION.—The term ‘‘covered alent) or higher. Social Security Act (42 U.S.C. project’’ does not include— (iii) SUPPORT.— 1382(e)(4)(A)(ii)) is amended to read as fol- (i) any project subject to section 139 of (I) IN GENERAL.—Consistent with guidance lows: title 23, United States Code; or provided by the Director of the Office of ‘‘(ii) the subject of an arrest warrant for (ii) any project subject to section 2045 of Management and Budget, each individual violating a condition of probation or parole the Water Resources Development Act of listed in subparagraph (B) shall designate 1 imposed under Federal or State law, and a 2007 (33 U.S.C. 2348). or more appropriate members of the agency Federal, State, or local law enforcement (7) DASHBOARD.—The term ‘‘Dashboard’’ in which the individual serves to serve as an agency has notified the Commissioner that means the Permitting Dashboard required agency CERPO. such agency intends to pursue the arrest or under section 61003(b). (II) REPORTING.—In carrying out the duties extradition of the person or the revocation of (8) ENVIRONMENTAL ASSESSMENT.—The term of the agency CERPO under this title, an the person’s probation or parole.’’. ‘‘environmental assessment’’ means a con- agency CERPO shall report directly to a dep- (3) DISCLOSURE.—Section 1611(e)(5) of such cise public document for which a Federal uty secretary (or the equivalent) or higher. Act (42 U.S.C. 1382(e)(5)) is amended— agency is responsible under section 1508.9 of (B) HEADS OF AGENCIES.—The individuals (A) by striking ‘‘any recipient of’’ and in- title 40, Code of Federal Regulations (or suc- that shall each designate a councilmember serting ‘‘any individual who is a recipient of cessor regulations). under this subparagraph are as follows:

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.053 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5316 CONGRESSIONAL RECORD — SENATE July 21, 2015 (i) The Secretary of Agriculture. completed application), and ending on the the agency or between the agency and other (ii) The Secretary of the Army. date of the issuance of a record of decision or Federal agencies; (iii) The Secretary of Commerce. other final agency action on the review or (C) analyze agency environmental review (iv) The Secretary of the Interior. authorization. and authorization processes, policies, and au- (v) The Secretary of Energy. (cc) COMPLETION DATE.—Each performance thorities and make recommendations to the (vi) The Secretary of Transportation. schedule shall specify that any decision by respective agency councilmember for ways (vii) The Secretary of Defense. an agency on an environmental review or au- to standardize, simplify, and improve the ef- (viii) The Administrator of the Environ- thorization must be issued not later than 180 ficiency of the processes, policies, and au- mental Protection Agency. days after the date on which all information thorities, including by implementing guid- (ix) The Chairman of the Federal Energy needed to complete the review or authoriza- ance issued under paragraph (1)(D) and other Regulatory Commission. tion (including any hearing that an agency best practices, including the use of informa- (x) The Chairman of the Nuclear Regu- holds on the matter) is in the possession of tion technology and geographic information latory Commission. the agency. system tools within the agency and across (xi) The Secretary of Homeland Security. (iii) REVIEW AND REVISION.—Not later than agencies, to the extent consistent with exist- (xii) The Secretary of Housing and Urban 2 years after the date on which the perform- ing law; and Development. ance schedules are established under this (D) review and develop training programs (xiii) The Chairman of the Advisory Coun- subparagraph, and not less frequently than for agency staff that support and conduct en- cil on Historic Preservation. once every 2 years thereafter, the Executive vironmental reviews or authorizations. (xiv) Any other head of a Federal agency Director, in consultation with the Council, that the Executive Director may invite to (d) ADMINISTRATIVE SUPPORT.—The Direc- shall review and revise the performance participate as a member of the Council. tor of the Office of Management and Budget schedules. (3) ADDITIONAL MEMBERS.—In addition to shall designate a Federal agency, other than (D) GUIDANCE.—The Executive Director, in the members listed in paragraphs (1) and (2), an agency that carries out or provides sup- consultation with the Council, may rec- the Chairman of the Council on Environ- port for projects that are not covered ommend to the Director of the Office of Man- mental Quality and the Director of the Office projects, to provide administrative support of Management and Budget shall also be agement and Budget or to the Council on En- for the Executive Director, and the des- members of the Council. vironmental Quality, as appropriate, that ignated agency shall, as reasonably nec- (c) DUTIES.— guidance be issued as necessary for agen- essary, provide support and staff to enable (1) EXECUTIVE DIRECTOR.— cies— the Executive Director to fulfill the duties of (A) INVENTORY DEVELOPMENT.—The Execu- (i) to carry out responsibilities under this the Executive Director under this title. tive Director, in consultation with the Coun- title; and (ii) to effectuate the adoption by agencies SEC. 61003. PERMITTING PROCESS IMPROVE- cil, shall— MENT. (i) not later than 180 days after the date of of the best practices and recommendations of enactment of this Act, establish an inven- the Council described in paragraph (2). (a) PROJECT INITIATION AND DESIGNATION OF tory of covered projects that are pending the (2) COUNCIL.— PARTICIPATING AGENCIES.— environmental review or authorization of the (A) RECOMMENDATIONS.— (1) NOTICE.— head of any Federal agency; (i) IN GENERAL.—The Council shall make (A) IN GENERAL.—A project sponsor of a (ii)(I) categorize the projects in the inven- recommendations to the Executive Director covered project shall submit to the Execu- tory as appropriate, based on sector and with respect to the designations under para- tive Director and the facilitating agency no- project type; and graph (1)(B) and the performance schedules tice of the initiation of a proposed covered (II) for each category, identify the types of under paragraph (1)(C). project. environmental reviews and authorizations (ii) UPDATE.—The Council may update the (B) DEFAULT DESIGNATION.—If, at the time most commonly involved; and recommendations described in clause (i). of submission of the notice under subpara- (iii) add a covered project to the inventory (B) BEST PRACTICES.—Not later than 1 year graph (A), the Executive Director has not after receiving a notice described in section after the date of enactment of this Act, and designated a facilitating agency under sec- 61003(a)(1). not less frequently than annually thereafter, tion 61002(c)(1)(B) for the categories of (B) FACILITATING AGENCY DESIGNATION.— the Council shall issue recommendations on projects noticed, the agency that receives The Executive Director, in consultation with the best practices for— the notice under subparagraph (A) shall be the Council, shall— (i) enhancing early stakeholder engage- designated as the facilitating agency. (i) designate a facilitating agency for each ment, including fully considering and, as ap- (C) CONTENTS.—Each notice described in category of covered projects described in propriate, incorporating recommendations subparagraph (A) shall include— subparagraph (A)(ii); and provided in public comments on any pro- (i) a statement of the purposes and objec- (ii) publish the list of designated facili- posed covered project; tives of the proposed project; tating agencies for each category of projects (ii) ensuring timely decisions regarding en- (ii) a concise description, including the in the inventory on the Dashboard in an eas- vironmental reviews and authorizations, in- general location of the proposed project and ily accessible format. cluding through the development of perform- a summary of geospatial information, if (C) PERFORMANCE SCHEDULES.— ance metrics; available, illustrating the project area and (i) IN GENERAL.—Not later than 1 year after (iii) improving coordination between Fed- the locations, if any, of environmental, cul- the date of enactment of this Act, the Execu- eral and non-Federal governmental entities, tural, and historic resources; tive Director, in consultation with the Coun- including through the development of com- (iii) a statement regarding the technical cil, shall develop recommended performance mon data standards and terminology across and financial ability of the project sponsor schedules, including intermediate and final agencies; to construct the proposed project; completion dates, for environmental reviews (iv) increasing transparency; (iv) a statement of any Federal financing, and authorizations most commonly required (v) reducing information collection re- environmental reviews, and authorizations for each category of covered projects de- quirements and other administrative bur- anticipated to be required to complete the scribed in subparagraph (A)(ii). dens on agencies, project sponsors, and other proposed project; and (ii) REQUIREMENTS.— interested parties; (v) an assessment that the proposed project (I) IN GENERAL.—The performance sched- (vi) developing and making available to ap- meets the definition of a covered project ules shall reflect employment of the use of plicants appropriate geographic information under section 61001 and a statement of rea- the most efficient applicable processes. systems and other tools; sons supporting the assessment. (II) LIMIT.— (vii) creating and distributing training ma- (2) INVITATION.— (aa) IN GENERAL.—The final completion terials useful to Federal, State, tribal, and (A) IN GENERAL.—Not later than 45 days dates in any performance schedule for the local permitting officials; and after the date on which the Executive Direc- completion of an environmental review or (viii) addressing other aspects of infra- tor must make a specific entry for the authorization under clause (i) shall not ex- structure permitting, as determined by the project on the Dashboard under subsection ceed the average time to complete an envi- Council. (b)(2)(A), the facilitating agency or lead ronmental review or authorization for a (3) AGENCY CERPOS.—An agency CERPO agency, as applicable, shall— project within that category. shall— (i) identify all Federal and non-Federal (bb) CALCULATION OF AVERAGE TIME.—The (A) advise the respective agency agencies and governmental entities likely to average time referred to in item (aa) shall be councilmember on matters related to envi- have financing, environmental review, au- calculated on the basis of data from the pre- ronmental reviews and authorizations; thorization, or other responsibilities with re- ceding 2 calendar years and shall run from (B) provide technical support, when re- spect to the proposed project; and the period beginning on the date on which quested to facilitate efficient and timely (ii) invite all Federal agencies identified the Executive Director must make a specific processes for environmental reviews and au- under clause (i) to become a participating entry for the project on the Dashboard under thorizations for covered projects under the agency or a cooperating agency, as appro- section 61003(b)(2) (except that, for projects jurisdictional responsibility of the agency, priate, in the environmental review and au- initiated before that duty takes effect, the including supporting timely identification thorization management process described in period beginning on the date of filing of a and resolution of potential disputes within section 61005.

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(B) DEADLINES.—Each invitation made determines that the project is not a covered (B) REQUIRED INFORMATION.—The Coordi- under subparagraph (A) shall include a dead- project. nated Project Plan shall include the fol- line for a response to be submitted to the fa- (B) EXPLANATION.—If the facilitating agen- lowing information and be updated by the fa- cilitating or lead agency, as applicable. cy or lead agency, as applicable, determines cilitating or lead agency, as applicable, at (3) PARTICIPATING AND COOPERATING AGEN- that the project is not a covered project, the least once per quarter: CIES.— project sponsor may submit a further expla- (i) A list of, and roles and responsibilities (A) IN GENERAL.—An agency invited under nation as to why the project is a covered for, all entities with environmental review paragraph (2) shall be designated as a par- project not later than 14 days after the date or authorization responsibility for the ticipating or cooperating agency for a cov- of the determination under subparagraph project. ered project, unless the agency informs the (A). (ii) A permitting timetable, as described in facilitating or lead agency, as applicable, in (C) FINAL DETERMINATION.—Not later than paragraph (2), setting forth a comprehensive writing before the deadline under paragraph 14 days after receiving an explanation de- schedule of dates by which all environmental (2)(B) that the agency— scribed in subparagraph (B), the Executive reviews and authorizations, and to the max- (i) has no jurisdiction or authority with re- Director shall— imum extent practicable, State permits, re- spect to the proposed project; or (i) make a final and conclusive determina- views and approvals must be made. (ii) does not intend to exercise authority tion as to whether the project is a covered (iii) A discussion of potential avoidance, related to, or submit comments on, the pro- project; and minimization, and mitigation strategies, if posed project. (ii) if the Executive Director determines required by applicable law and known. (B) CHANGED CIRCUMSTANCES.—On request that the project is a covered project, create (iv) Plans and a schedule for public and and a showing of changed circumstances, the a specific entry on the Dashboard for the tribal outreach and coordination, to the ex- Executive Director may designate an agency covered project. tent required by applicable law. that has opted out under subparagraph (3) POSTINGS BY AGENCIES.— (C) MEMORANDUM OF UNDERSTANDING.—The (A)(ii) to be a participating or cooperating (A) IN GENERAL.—For each covered project coordinated project plan described in sub- agency, as appropriate. added to the Dashboard under paragraph (2), paragraph (A) may be incorporated into a (4) EFFECT OF DESIGNATION.—The designa- the facilitating or lead agency, as applicable, memorandum of understanding. tion described in paragraph (3) shall not— and each cooperating and participating agen- (2) PERMITTING TIMETABLE.— (A) give the participating agency authority cy shall post to the Dashboard— (A) ESTABLISHMENT.— or jurisdiction over the covered project; or (i) a hyperlink that directs to a website (i) IN GENERAL.—As part of the coordina- (B) expand any jurisdiction or authority a that contains, to the extent consistent with tion project plan under paragraph (1), the fa- cooperating agency may have over the pro- applicable law— cilitating or lead agency, as applicable, in posed project. (I) the notification submitted under sub- consultation with each cooperating and par- ticipating agency, the project sponsor, and (5) LEAD AGENCY DESIGNATION.— section (a)(1); any State in which the project is located, (A) IN GENERAL.—On establishment of the (II)(aa) where practicable, the application lead agency, the lead agency shall assume and supporting documents, if applicable, shall establish a permitting timetable that the responsibilities of the facilitating agency that have been submitted by a project spon- includes intermediate and final completion dates for action by each participating agency under this title. sor for any required environmental review or on any Federal environmental review or au- (B) REDESIGNATION OF FACILITATING AGEN- authorization; or thorization required for the project. CY.—If the lead agency assumes the respon- (bb) a notice explaining how the public (ii) CONSENSUS.—In establishing a permit- sibilities of the facilitating agency under may obtain access to such documents; ting timetable under clause (i), each agency subparagraph (A), the facilitating agency (III) a description of any Federal agency shall, to the maximum extent practicable, may be designated as a cooperative or par- action taken or decision made that materi- make efforts to reach a consensus. ticipating agency. ally affects the status of a covered project; (B) FACTORS FOR CONSIDERATION.—In estab- (6) CHANGE OF FACILITATING OR LEAD AGEN- (IV) any significant document that sup- lishing the permitting timetable under sub- CY.— ports the action or decision described in sub- paragraph (A), the facilitating or lead agen- (A) IN GENERAL.—On the request of a par- clause (III); and cy shall follow the performance schedules es- ticipating agency or project sponsor, the Ex- (V) a description of the status of any liti- tablished under section 61002(c)(1)(C), but ecutive Director may designate a different gation to which the agency is a party that is may vary the timetable based on relevant agency as the facilitating or lead agency, as directly related to the project, including, if factors, including— applicable, for a covered project, if the facili- practicable, any judicial document made (i) the size and complexity of the covered tating or lead agency or the Executive Direc- available on an electronic docket maintained project; tor receives new information regarding the by a Federal, State, or local court; and (ii) the resources available to each partici- scope or nature of a covered project that in- (ii) any document described in clause (i) pating agency; dicates that the project should be placed in that is not available by hyperlink on another (iii) the regional or national economic sig- a different category under section website. nificance of the project; 61002(c)(1)(B). (B) DEADLINE.—The information described (iv) the sensitivity of the natural or his- (B) RESOLUTION OF DISPUTE.—The Execu- in subparagraph (A) shall be posted to the toric resources that may be affected by the tive Director shall resolve any dispute over website made available by hyperlink on the project; designation of a facilitating or lead agency Dashboard not later than 5 business days (v) the financing plan for the project; and for a particular covered project. after the date on which the Federal agency (vi) the extent to which similar projects in (b) PERMITTING DASHBOARD.— receives the information. geographic proximity to the project were re- (1) REQUIREMENT TO MAINTAIN.— (4) POSTINGS BY THE EXECUTIVE DIRECTOR.— cently subject to environmental review or (A) IN GENERAL.—The Executive Director, The Executive Director shall publish to the similar procedures under State law. in coordination with the Administrator of Dashboard— (C) DISPUTE RESOLUTION.— General Services, shall maintain an online (A) the permitting timetable established (i) IN GENERAL.—The Executive Director, in database to be known as the ‘‘Permitting under subparagraph (A) or (C) of subsection consultation with appropriate agency Dashboard’’ to track the status of Federal (c)(2); CERPOs and the project sponsor, shall, as environmental reviews and authorizations (B) the status of the compliance of each necessary, mediate any disputes regarding for any covered project in the inventory de- agency with the permitting timetable; the permitting timetable established under scribed in section 61002(c)(1)(A). (C) any modifications of the permitting subparagraph (A). (B) SPECIFIC AND SEARCHABLE ENTRY.—The timetable; (ii) DISPUTES.—If a dispute remains unre- Dashboard shall include a specific and (D) an explanation of each modification de- solved 30 days after the date on which the searchable entry for each covered project. scribed in subparagraph (C); and dispute was submitted to the Executive Di- (2) ADDITIONS.— (E) any memorandum of understanding es- rector, the Director of the Office of Manage- (A) IN GENERAL.— tablished under subsection (c)(3)(B). ment and Budget, in consultation with the (i) EXISTING PROJECTS.—Not later than 14 (c) COORDINATION AND TIMETABLES.— Chairman of the Council on Environmental days after the date on which the Executive (1) COORDINATED PROJECT PLAN.— Quality, shall facilitate a resolution of the Director adds a project to the inventory (A) IN GENERAL.—Not later than 60 days dispute and direct the agencies party to the under section 61002(c)(1)(A), the Executive after the date on which the Executive Direc- dispute to resolve the dispute by the end of Director shall create a specific entry on the tor must make a specific entry for the the 60-day period beginning on the date of Dashboard for the covered project. project on the Dashboard under subsection submission of the dispute to the Executive (ii) NEW PROJECTS.—Not later than 14 days (b)(2)(A), the facilitating or lead agency, as Director. after the date on which the Executive Direc- applicable, in consultation with each coordi- (iii) FINAL RESOLUTION.—Any action taken tor receives a notice under subsection (a)(1), nating and participating agency, shall estab- by the Director of the Office of Management the Executive Director shall create a specific lish a concise plan for coordinating public and Budget in the resolution of a dispute entry on the Dashboard for the covered and agency participation in, and completion under clause (ii) shall— project, unless the Executive Director, facili- of, any required Federal environmental re- (I) be final and conclusive; and tating agency, or lead agency, as applicable, view and authorization for the project. (II) not be subject to judicial review.

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(D) MODIFICATION AFTER APPROVAL.— participate in the environmental review and SEC. 61004. INTERSTATE COMPACTS. (i) IN GENERAL.—The facilitating or lead authorization process under this subsection (a) IN GENERAL.—The consent of Congress agency, as applicable, may modify a permit- and to make subject to the process all State is given for 3 or more contiguous States to ting timetable established under subpara- agencies that— enter into an interstate compact estab- graph (A) only if— (i) have jurisdiction over the covered lishing regional infrastructure development (I) the facilitating or lead agency, as appli- project; agencies to facilitate authorization and re- cable, and the affected cooperating agencies, (ii) are required to conduct or issue a re- view of covered projects, under State law or after consultation with the participating view, analysis, opinion, or statement for the in the exercise of delegated permitting au- agencies, agree to a different completion covered project; or thority described under section 61006, that date; and (iii) are required to make a determination will advance infrastructure development, (II) the facilitating agency or lead agency, on issuing a permit, license, or other ap- production, and generation within the States as applicable, or the affected cooperating proval or decision for the covered project. that are parties to the compact. agency provides a written justification for (B) COORDINATION.—To the maximum ex- (b) REGIONAL INFRASTRUCTURE.—For the the modification. tent practicable under applicable law, the fa- purpose of this title, a regional infrastruc- (ii) COMPLETION DATE.—A completion date cilitating or lead agency, as applicable, shall ture development agency referred to in sub- in the permitting timetable may not be coordinate the Federal environmental review section (a) shall have the same authorities modified within 30 days of the completion and authorization processes under this sub- and responsibilities of a State agency. date. section with any State, local, or tribal agen- SEC. 61005. COORDINATION OF REQUIRED RE- VIEWS. (E) CONSISTENCY WITH OTHER TIME PERI- cy responsible for conducting any separate ONCURRENT EVIEWS ODS.—A permitting timetable established review or authorization of the covered (a) C R .—To integrate en- under subparagraph (A) shall be consistent project to ensure timely and efficient com- vironmental reviews and authorizations, with any other relevant time periods estab- pletion of environmental reviews and author- each agency shall, to the maximum extent lished under Federal law and shall not pre- izations. practicable— (1) carry out the obligations of the agency vent any cooperating or participating agency (C) MEMORANDUM OF UNDERSTANDING.— with respect to a covered project under any from discharging any obligation under Fed- (i) IN GENERAL.—Any coordination plan be- eral law in connection with the project. tween the facilitating or lead agency, as ap- other applicable law concurrently, and in (F) CONFORMING TO PERMITTING TIME- plicable, and any State, local, or tribal agen- conjunction with, other environmental re- TABLES.— cy shall, to the maximum extent practicable, views and authorizations being conducted by (i) IN GENERAL.—Each Federal agency shall be included in a memorandum of under- other cooperating or participating agencies, conform to the completion dates set forth in standing. including environmental reviews and author- izations required under NEPA, unless the the permitting timetable established under (ii) SUBMISSION TO EXECUTIVE DIRECTOR.— subparagraph (A), or with any completion The facilitating or lead agency, as applica- agency determines that doing so would im- date modified under subparagraph (D). ble, shall submit to the Executive Director pair the ability of the agency to carry out (ii) FAILURE TO CONFORM.—If a Federal each memorandum of understanding de- the statutory obligations of the agency; and agency fails to conform with a completion scribed in clause (i). (2) formulate and implement administra- date for agency action on a covered project (d) EARLY CONSULTATION.—The facilitating tive, policy, and procedural mechanisms to or is at significant risk of failing to conform or lead agency, as applicable, shall provide enable the agency to ensure completion of with such a completion date, the agency an expeditious process for project sponsors the environmental review process in a time- shall— to confer with each cooperating and partici- ly, coordinated, and environmentally respon- (I) promptly submit to the Executive Di- pating agency involved and, not later than 60 sible manner. rector for publication on the Dashboard an days after the date on which the project (b) ADOPTION, INCORPORATION BY REF- explanation of the specific reasons for failing sponsor submits a request under this sub- ERENCE, AND USE OF DOCUMENTS.— or significantly risking failing to conform to section, to have each such agency provide to (1) STATE ENVIRONMENTAL DOCUMENTS; SUP- the completion date and a proposal for an al- the project sponsor information concerning— PLEMENTAL DOCUMENTS.— ternative completion date; (1) the availability of information and (A) USE OF EXISTING DOCUMENTS.— (II) in consultation with the facilitating or tools, including pre-application toolkits, to (i) IN GENERAL.—On the request of a project lead agency, as applicable, establish an al- facilitate early planning efforts; sponsor, a lead agency shall consider and, as ternative completion date; and (2) key issues of concern to each agency appropriate, adopt or incorporate by ref- (III) each month thereafter until the agen- and to the public; and erence, the analysis and documentation that cy has taken final action on the delayed au- (3) issues that must be addressed before an has been prepared for a covered project under thorization or review, submit to the Execu- environmental review or authorization can State laws and procedures as the documenta- tive Director for posting on the Dashboard a be completed. tion, or part of the documentation, required status report describing any agency activity (e) COOPERATING AGENCY.— to complete an environmental review for the related to the project. (1) IN GENERAL.—A lead agency may des- covered project, if the analysis and docu- (G) ABANDONMENT OF COVERED PROJECT.— ignate a participating agency as a cooper- mentation were, as determined by the lead (i) IN GENERAL.—If the facilitating or lead ating agency in accordance with part 1501 of agency in consultation with the Council on agency, as applicable, has a reasonable basis title 40, Code of Federal Regulations (or suc- Environmental Quality, prepared under cir- to doubt the continuing technical or finan- cessor regulations). cumstances that allowed for opportunities cial ability of the project sponsor to con- (2) EFFECT ON OTHER DESIGNATION.—The for public participation and consideration of struct the covered project, the facilitating or designation described in paragraph (1) shall alternatives and environmental con- lead agency may request the project sponsor not affect any designation under subsection sequences that are substantially equivalent provide an updated statement regarding the (a)(3). to what would have been available had the ability of the project sponsor to complete (3) LIMITATION ON DESIGNATION.—Any agen- documents and analysis been prepared by a the project. cy not designated as a participating agency Federal agency pursuant to NEPA. (ii) FAILURE TO RESPOND.—If the project under subsection (a)(3) shall not be des- (ii) GUIDANCE BY CEQ.—The Council on En- sponsor fails to respond to a request de- ignated as a cooperating agency under para- vironmental Quality may issue guidance to scribed in clause (i) by the date that is 30 graph (1). carry out this subsection. days after receiving the request, the lead or (f) REPORTING STATUS OF OTHER PROJECTS (B) NEPA OBLIGATIONS.—An environmental facilitating agency, as applicable, shall no- ON DASHBOARD.— document adopted under subparagraph (A) or tify the Executive Director, who shall pub- (1) IN GENERAL.—On request of the Execu- a document that includes documentation in- lish an appropriate notice on the Dashboard. tive Director, the Secretary and the Sec- corporated under subparagraph (A) may (iii) PUBLICATION TO DASHBOARD.—On publi- retary of the Army shall use best efforts to serve as the documentation required for an cation of a notice under clause (ii), the com- provide information for inclusion on the environmental review or a supplemental en- pletion dates in the permitting timetable Dashboard on projects subject to section 139 vironmental review required to be prepared shall be tolled and agencies shall be relieved of title 23, United States Code, and section by a lead agency under NEPA. of the obligation to comply with subpara- 2045 of the Water Resources Development (C) SUPPLEMENTATION OF STATE DOCU- graph (F) until such time as the project Act of 2007 (33 U.S.C. 2348) likely to require— MENTS.—If the lead agency adopts or incor- sponsor submits to the facilitating or lead (A) a total investment of more than porates analysis and documentation de- agency, as applicable, an updated statement $200,000,000; and scribed in subparagraph (A), the lead agency regarding the technical and financial ability (B) an environmental impact statement shall prepare and publish a supplemental of the project sponsor to construct the under NEPA. document if the lead agency determines that project. (2) EFFECT OF INCLUSION ON DASHBOARD.— during the period after preparation of the (3) COOPERATING STATE, LOCAL, OR TRIBAL Inclusion on the Dashboard of information analysis and documentation and before the GOVERNMENTS.— regarding projects subject to section 139 of adoption or incorporation— (A) STATE AUTHORITY.—If the Federal envi- title 23, United States Code, or section 2045 (i) a significant change has been made to ronmental review is being implemented of the Water Resources Development Act of the covered project that is relevant for pur- within the boundaries of a State, the State, 2007 (33 U.S.C. 2348) shall not subject those poses of environmental review of the project; consistent with State law, may choose to projects to any requirements of this title. or

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.054 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5319 (ii) there has been a significant cir- ment is published in the Federal Register, local authorities best practices involved in cumstance or new information has emerged unless— review of covered projects and invite input that is relevant to the environmental review (A) the lead agency, the project sponsor, from State, tribal, and local authorities re- for the covered project. and any cooperating agency agree to a garding best practices. (D) COMMENTS.—If a lead agency prepares longer deadline; or SEC. 61007. LITIGATION, JUDICIAL REVIEW, AND and publishes a supplemental document (B) the lead agency, in consultation with SAVINGS PROVISION. under subparagraph (C), the lead agency each cooperating agency, extends the dead- (a) LIMITATIONS ON CLAIMS.— shall solicit comments from other agencies line for good cause. (1) IN GENERAL.—Notwithstanding any and the public on the supplemental docu- (2) OTHER REVIEW AND COMMENT PERIODS.— other provision of law, a claim arising under ment for a period of not more than 45 days, For all other review or comment periods in Federal law seeking judicial review of any beginning on the date on which the supple- the environmental review process described authorization issued by a Federal agency for mental document is published, unless— in parts 1500 through 1508 of title 40, Code of a covered project shall be barred unless— (i) the lead agency, the project sponsor, Federal Regulations (or successor regula- (A) the action is filed not later than 2 and any cooperating agency agree to a tions), the lead agency shall establish a com- years after the date of publication in the longer deadline; or ment period of not more than 45 days after Federal Register of the final record of deci- (ii) the lead agency extends the deadline the date on which the materials on which sion or approval or denial of a permit, unless for good cause. comment is requested are made available, a shorter time is specified in the Federal law (E) NOTICE OF OUTCOME OF ENVIRONMENTAL unless— under which judicial review is allowed; and REVIEW.—A lead agency shall issue a record (A) the lead agency, the project sponsor, (B) in the case of an action pertaining to of decision or finding of no significant im- and any cooperating agency agree to a an environmental review conducted under pact, as appropriate, based on the document longer deadline; or NEPA— adopted under subparagraph (A) and any sup- (B) the lead agency extends the deadline (i) the action is filed by a party that sub- plemental document prepared under subpara- for good cause. mitted a comment during the environmental graph (C). (e) ISSUE IDENTIFICATION AND RESOLU- review or a party that lacked a reasonable TION.— (c) ALTERNATIVES ANALYSIS.— opportunity to submit a comment; and (1) COOPERATION.—The lead agency and (1) PARTICIPATION.—As early as practicable (ii) a party filed a sufficiently detailed during the environmental review, but not each cooperating and participating agency comment so as to put the lead agency on no- later than the commencement of scoping for shall work cooperatively in accordance with tice of the issue on which the party seeks ju- a project requiring the preparation of an en- this section to identify and resolve issues dicial review. vironmental impact statement, the lead that could delay completion of an environ- (2) NEW INFORMATION.— agency, in consultation with each cooper- mental review or an authorization required (A) IN GENERAL.—The head of a lead agency ating agency, shall determine the range of for the project under applicable law or result or participating agency shall consider new reasonable alternatives to be considered for in the denial of any approval under applica- information received after the close of a a covered project. ble law. comment period if the information satisfies (2) LEAD AGENCY RESPONSIBILITIES.— (2) RANGE OF ALTERNATIVES.— the requirements under regulations imple- (A) IN GENERAL.—The lead agency shall (A) IN GENERAL.—Following participation menting NEPA. under paragraph (1) and subject to subpara- make information available to each cooper- (B) SEPARATE ACTION.—If Federal law re- graph (B), the lead agency shall determine ating and participating agency and project quires the preparation of a supplemental en- the range of reasonable alternatives for con- sponsor as early as practicable in the envi- vironmental impact statement or other sup- sideration in any document that the lead ronmental review regarding the environ- plemental environmental document, the agency is responsible for preparing for the mental, historic, and socioeconomic re- preparation of such document shall be con- covered project. sources located within the project area and sidered a separate final agency action and the general locations of the alternatives (B) ALTERNATIVES REQUIRED BY LAW.—In the deadline for filing a claim for judicial re- determining the range of alternatives under under consideration. view of the agency action shall be 2 years subparagraph (A), the lead agency shall in- (B) SOURCES OF INFORMATION.—The infor- after the date on which a notice announcing clude all alternatives required to be consid- mation described in subparagraph (A) may be the final agency action is published in the ered by law. based on existing data sources, including ge- Federal Register, unless a shorter time is ographic information systems mapping. (3) METHODOLOGIES.— specified in the Federal law under which ju- (3) COOPERATING AND PARTICIPATING AGENCY (A) IN GENERAL.—The lead agency shall de- dicial review is allowed. termine, in collaboration with each cooper- RESPONSIBILITIES.—Each cooperating and (3) RULE OF CONSTRUCTION.—Nothing in this ating agency at appropriate times during the participating agency shall— subsection creates a right to judicial review environmental review, the methodologies to (A) identify, as early as practicable, any or places any limit on filing a claim that a be used and the level of detail required in the issues of concern regarding any potential en- person has violated the terms of an author- analysis of each alternative for a covered vironmental impacts of the covered project, ization. project. including any issues that could substantially (b) PRELIMINARY INJUNCTIVE RELIEF.—In delay or prevent an agency from completing addition to considering any other applicable (B) ENVIRONMENTAL REVIEW.—A cooper- ating agency shall use the methodologies re- any environmental review or authorization equitable factors, in any action seeking a temporary restraining order or preliminary ferred to in subparagraph (A) when con- required for the project; and injunction against an agency or a project ducting any required environmental review, (B) communicate any issues described in sponsor in connection with review or author- to the extent consistent with existing law. subparagraph (A) to the project sponsor. (f) CATEGORIES OF PROJECTS.—The authori- ization of a covered project, the court shall— (4) PREFERRED ALTERNATIVE.—With the ties granted under this section may be exer- (1) consider the effects on public health, concurrence of the cooperating agencies with cised for an individual covered project or a safety, and the environment, the potential jurisdiction under Federal law and at the category of covered projects. for significant job losses, and other economic discretion of the lead agency, the preferred SEC. 61006. DELEGATED STATE PERMITTING PRO- harm resulting from an order or injunction; alternative for a project, after being identi- GRAMS. and fied, may be developed to a higher level of (a) IN GENERAL.—If a Federal statute per- (2) not presume that the harms described detail than other alternatives to facilitate mits a Federal agency to delegate to or oth- in paragraph (1) are reparable. the development of mitigation measures or erwise authorize a State to issue or other- (c) JUDICIAL REVIEW.—Except as provided concurrent compliance with other applicable wise administer a permit program in lieu of in subsection (a), nothing in this title affects laws if the lead agency determines that the the Federal agency, the Federal agency with the reviewability of any final Federal agency development of the higher level of detail will authority to carry out the statute shall— action in a court of competent jurisdiction. not prevent— (1) on publication by the Council of best (d) SAVINGS CLAUSE.—Nothing in this (A) the lead agency from making an impar- practices under section 61002(c)(2)(B), ini- title— tial decision as to whether to accept another tiate a national process, with public partici- (1) supersedes, amends, or modifies any alternative that is being considered in the pation, to determine whether and the extent Federal statute or affects the responsibility environmental review; and to which any of the best practices are gen- of any Federal officer to comply with or en- (B) the public from commenting on the erally applicable on a delegation- or author- force any statute; or preferred and other alternatives. ization-wide basis to permitting under the (2) creates a presumption that a covered (d) ENVIRONMENTAL REVIEW COMMENTS.— statute; and project will be approved or favorably re- (1) COMMENTS ON DRAFT ENVIRONMENTAL IM- (2) not later than 2 years after the date of viewed by any agency. PACT STATEMENT.—For comments by an enactment of this Act, make model rec- (e) LIMITATIONS.—Nothing in this section agency or the public on a draft environ- ommendations for State modifications of the preempts, limits, or interferes with— mental impact statement, the lead agency applicable permit program to reflect the best (1) any practice of seeking, considering, or shall establish a comment period of not less practices described in section 61002(c)(2)(B), responding to public comment; or than 45 days and not more than 60 days after as appropriate. (2) any power, jurisdiction, responsibility, the date on which a notice announcing avail- (b) BEST PRACTICES.—Lead and cooperating or authority that a Federal, State, or local ability of the environmental impact state- agencies may share with State, tribal, and governmental agency, metropolitan planning

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organization, Indian tribe, or project sponsor (f) TRANSFER OF APPROPRIATED FUNDS.— U.S.C. 202 note; Public Law 112–141) is has with respect to carrying out a project or (1) IN GENERAL.—The heads of agencies list- amended— any other provisions of law applicable to any ed in section 61002(b)(2)(B) shall have the au- (1) by striking ‘‘$24,986,301’’ and inserting project, plan, or program. thority to transfer, in accordance with sec- ‘‘$30,000,000’’; and SEC. 61008. REPORT TO CONGRESS. tion 1535 of title 31, United States Code, (2) by striking ‘‘July 31, 2015’’ and inserting (a) IN GENERAL.—Not later than April 15 of funds appropriated to those agencies and not ‘‘September 30, 2015’’. each year for 10 years beginning on the date otherwise obligated to other affected Federal SEC. 71002. ADMINISTRATIVE EXPENSES. of enactment of this Act, the Executive Di- agencies for the purpose of implementing the (a) AUTHORIZATION OF CONTRACT AUTHOR- rector shall submit to Congress a report de- provisions of this title. ITY.—Section 1002(a) of the Highway and tailing the progress accomplished under this (2) LIMITATION.—Appropriations under title Transportation Funding Act of 2014 (Public title during the previous fiscal year. 23, United States Code and appropriations for Law 113–159; 128 Stat. 1842; 129 Stat. 220) is (b) CONTENTS.—The report described in sub- the civil works program of the Army Corps amended— section (a) shall assess the performance of of Engineers shall not be available for trans- (1) by striking ‘‘$366,465,753’’ and inserting each participating agency and lead agency fer under paragraph (1). ‘‘$440,000,000’’; and based on the best practices described in sec- SEC. 61010. APPLICATION. (2) by striking ‘‘July 31, 2015’’ and inserting tion 61002(c)(2)(B). This title applies to any covered project ‘‘September 30, 2015’’. (c) OPPORTUNITY TO INCLUDE COMMENTS.— for which— (b) CONTRACT AUTHORITY.—Section Each councilmember, with input from the re- (1) a notice is filed under section 1002(b)(2) of the Highway and Transportation spective agency CERPO, shall have the op- 61003(a)(1); or Funding Act of 2014 (Public Law 113–159; 128 portunity to include comments concerning (2) an application or other request for a Stat. 1842; 129 Stat. 220) is amended by strik- the performance of the agency in the report Federal authorization is pending before a ing ‘‘July 31, 2015’’ and inserting ‘‘September described in subsection (a). Federal agency 90 days after the date of en- 30, 2015’’. SEC. 61009. FUNDING FOR GOVERNANCE, OVER- actment of this Act. TITLE LXXII—TEMPORARY EXTENSION OF SIGHT, AND PROCESSING OF ENVI- SEC. 61011. GAO REPORT. RONMENTAL REVIEWS AND PER- Not later than 3 years after the date of en- PUBLIC TRANSPORTATION PROGRAMS MITS. actment of this Act, the Comptroller General SEC. 72001. FORMULA GRANTS FOR RURAL (a) IN GENERAL.—The heads of agencies of the United States shall submit to Con- AREAS. listed in section 61002(b)(2)(B), with the guid- gress a report that includes an analysis of Section 5311(c)(1) of title 49, United States ance of the Director of the Office of Manage- whether the provisions of this title could be Code, is amended— ment and Budget and in consultation with adapted to streamline the Federal permit- (1) in subparagraph (A), by striking ‘‘end- the Executive Director, may, after public no- ting process for smaller projects that are not ing before’’ and all that follows through tice and opportunity for comment, issue reg- covered projects. ‘‘July 31, 2015,’’; and ulations establishing a fee structure for (2) in subparagraph (B), by striking ‘‘end- project proponents to reimburse the United DIVISION G—SURFACE TRANSPORTATION EXTENSION ing before’’ and all that follows through States for reasonable costs incurred in con- ‘‘July 31, 2015,’’. ducting environmental reviews and author- SEC. 70001. SHORT TITLE. This division may cited as the ‘‘Surface SEC. 72002. APPORTIONMENT OF APPROPRIA- izations for covered projects. TIONS FOR FORMULA GRANTS. (b) REASONABLE COSTS.—As used in this Transportation Extension Act of 2015’’. Section 5336(h)(1) of title 49, United States section, the term ‘‘reasonable costs’’ shall TITLE LXXI—EXTENSION OF FEDERAL-AID Code, is amended by striking ‘‘before October include costs to implement the requirements HIGHWAY PROGRAMS 1, 2014’’ and all that follows through ‘‘July and authorities required under sections 61002 SEC. 71001. EXTENSION OF FEDERAL-AID HIGH- 31, 2015,’’ and inserting ‘‘before October 1, and 61003, including the costs to agencies and WAY PROGRAMS. 2015’’. the costs of operating the Council. (a) IN GENERAL.—Section 1001 of the High- (c) FEE STRUCTURE.—The fee structure es- way and Transportation Funding Act of 2014 SEC. 72003. AUTHORIZATIONS FOR PUBLIC tablished under subsection (a) shall— (Public Law 113–159; 128 Stat. 1840; 129 Stat. TRANSPORTATION. (1) be developed in consultation with af- 219) is amended— (a) FORMULA GRANTS.—Section 5338(a) of fected project proponents, industries, and (1) in subsection (a), by striking ‘‘July 31, title 49, United States Code, is amended— other stakeholders; 2015’’ and inserting ‘‘September 30, 2015’’; (1) in paragraph (1), by striking ‘‘for fiscal (2) exclude parties for which the fee would (2) in subsection (b)(1)— year 2014’’ and all that follows and inserting impose an undue financial burden or is oth- (A) by striking ‘‘July 31, 2015’’ and insert- ‘‘for fiscal year 2014, and $8,595,000,000 for fis- erwise determined to be inappropriate; and ing ‘‘September 30, 2015’’; and cal year 2015.’’; (3) be established in a manner that ensures (B) by striking ‘‘304⁄365’’ and inserting (2) in paragraph (2)— that the aggregate amount of fees collected ‘‘365⁄365’’; and (A) in subparagraph (A), by striking for a fiscal year is estimated not to exceed 20 (3) in subsection (c)— ‘‘$107,274,521 for the period beginning on Oc- percent of the total estimated costs for the (A) in paragraph (1)— tober 1, 2014, and ending on July 31, 2015,’’ fiscal year for the resources allocated for the (i) by striking ‘‘July 31, 2015’’ and inserting and inserting ‘‘$128,800,000 for fiscal year conduct of the environmental reviews and ‘‘September 30, 2015’’; and 2015’’; authorizations covered by this title, as de- (ii) by striking ‘‘304⁄365’’ and inserting (B) in subparagraph (B), by striking ‘‘2013 termined by the Director of the Office of ‘‘365⁄365’’; and and 2014 and $8,328,767 for the period begin- Management and Budget. (B) in paragraph (2)(B), by striking ‘‘by ning on October 1, 2014, and ending on July (d) ENVIRONMENTAL REVIEW AND PERMIT- this subsection’’. 31, 2015,’’ and inserting ‘‘2013, 2014, and 2015’’; TING IMPROVEMENT FUND.— (b) OBLIGATION CEILING.—Section 1102 of (C) in subparagraph (C), by striking (1) IN GENERAL.—All amounts collected MAP–21 (23 U.S.C. 104 note; Public Law 112– ‘‘$3,713,505,753 for the period beginning on Oc- pursuant to this section shall be deposited 141) is amended— tober 1, 2014, and ending on July 31, 2015,’’ into a separate fund in the Treasury of the (1) in subsection (a)(3)— and inserting ‘‘$4,458,650,000 for fiscal year United States to be known as the ‘‘Environ- (A) by striking ‘‘$33,528,284,932’’ and insert- 2015’’; mental Review Improvement Fund’’ (referred ing ‘‘$40,256,000,000’’; and (D) in subparagraph (D), by striking to in this section as the ‘‘Fund’’). (B) by striking ‘‘July 31, 2015’’ and insert- ‘‘$215,132,055 for the period beginning on Oc- (2) AVAILABILITY.—Amounts in the Fund ing ‘‘September 30, 2015’’; tober 1, 2014, and ending on July 31, 2015,’’ shall be available to the Executive Director, (2) in subsection (b)(12)— and inserting ‘‘$258,300,000 for fiscal year without appropriation or fiscal year limita- (A) by striking ‘‘July 31, 2015’’ and insert- 2015’’; tion, solely for the purposes of admin- ing ‘‘September 30, 2015’’; and (E) in subparagraph (E)— istering, implementing, and enforcing this (B) by striking ‘‘304⁄365’’ and inserting (i) by striking ‘‘$506,222,466 for the period title, including the expenses of the Council. ‘‘365⁄365’’; beginning on October 1, 2014, and ending on (3) TRANSFER.—The Executive Director, (3) in subsection (c)— July 31, 2015,’’ and inserting ‘‘$607,800,000 for with the approval of the Director of the Of- (A) in the matter preceding paragraph (1), fiscal year 2015’’; fice of Management and Budget, may trans- by striking ‘‘July 31, 2015’’ and inserting (ii) by striking ‘‘$24,986,301 for the period fer amounts in the Fund to other agencies to ‘‘September 30, 2015’’; and beginning on October 1, 2014, and ending on facilitate timely and efficient environmental (B) in paragraph (2)— July 31, 2015,’’ and inserting ‘‘$30,000,000 for reviews and authorizations for proposed cov- (i) by striking ‘‘July 31, 2015’’ and inserting fiscal year 2015’’; and ered projects. ‘‘September 30, 2015’’; and (iii) by striking ‘‘$16,657,534 for the period (e) EFFECT ON PERMITTING.—The regula- (ii) by striking ‘‘304⁄365’’ and inserting beginning on October 1, 2014, and ending on tions adopted pursuant to subsection (a) ‘‘365⁄365’’; and July 31, 2015,’’ and inserting ‘‘$20,000,000 for shall ensure that the use of funds accepted (4) in subsection (f)(1), in the matter pre- fiscal year 2015’’; under subsection (d) will not impact impar- ceding subparagraph (A), by striking ‘‘July (F) in subparagraph (F), by striking ‘‘2013 tial decision-making with respect to envi- 31, 2015’’ and inserting ‘‘September 30, 2015’’. and 2014 and $2,498,630 for the period begin- ronmental reviews or authorizations, either (c) TRIBAL HIGH PRIORITY PROJECTS PRO- ning on October 1, 2014, and ending on July substantively or procedurally. GRAM.—Section 1123(h)(1) of MAP-21 (23 31, 2015,’’ and inserting ‘‘2013, 2014, and 2015’’;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.054 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5321 (G) in subparagraph (G), by striking ‘‘2013 TITLE LXXIII—EXTENSION OF HIGHWAY ginning on October 1, 2014, and ending on and 2014 and $4,164,384 for the period begin- SAFETY PROGRAMS July 31, 2015’’ and inserting ‘‘each of fiscal ning on October 1, 2014, and ending on July Subtitle A—Extension of Highway Safety years 2013 through 2015’’. 31, 2015,’’ and inserting ‘‘2013, 2014, and 2015’’; Programs (3) PERFORMANCE AND REGISTRATION INFOR- (H) in subparagraph (H), by striking ‘‘2013 MATION SYSTEM MANAGEMENT GRANT PRO- SEC. 73101. EXTENSION OF NATIONAL HIGHWAY and 2014 and $3,206,575 for the period begin- TRAFFIC SAFETY ADMINISTRATION GRAM.—Section 4101(c)(3) of SAFETEA–LU ning on October 1, 2014, and ending on July HIGHWAY SAFETY PROGRAMS. (119 Stat. 1715) is amended by striking ‘‘each 31, 2015,’’ and inserting ‘‘2013, 2014, and 2015’’; (a) EXTENSION OF PROGRAMS.— of fiscal years 2013 and 2014 and $4,164,384 for (I) in subparagraph (I), by striking (1) HIGHWAY SAFETY PROGRAMS.—Section the period beginning on October 1, 2014, and ‘‘$1,803,927,671 for the period beginning on Oc- 31101(a)(1)(C) of MAP–21 (126 Stat. 733) is ending on July 31, 2015’’ and inserting ‘‘each tober 1, 2014, and ending on July 31, 2015,’’ amended to read as follows: of fiscal years 2013 through 2015’’. and inserting ‘‘$2,165,900,000 for fiscal year ‘‘(C) $235,000,000 for fiscal year 2015.’’. (4) COMMERCIAL VEHICLE INFORMATION SYS- 2015’’; (2) HIGHWAY SAFETY RESEARCH AND DEVEL- TEMS AND NETWORKS DEPLOYMENT PROGRAM.— (J) in subparagraph (J), by striking OPMENT.—Section 31101(a)(2)(C) of MAP–21 Section 4101(c)(4) of SAFETEA–LU (119 Stat. ‘‘$356,304,658 for the period beginning on Oc- (126 Stat. 733) is amended to read as follows: 1715) is amended by striking ‘‘each of fiscal tober 1, 2014, and ending on July 31, 2015,’’ ‘‘(C) $113,500,000 for fiscal year 2015.’’. years 2013 and 2014 and $20,821,918 for the pe- and inserting ‘‘$427,800,000 for fiscal year (3) NATIONAL PRIORITY SAFETY PROGRAMS.— riod beginning on October 1, 2014, and ending 2015’’; and Section 31101(a)(3)(C) of MAP–21 (126 Stat. on July 31, 2015’’ and inserting ‘‘each of fiscal (K) in subparagraph (K), by striking 733) is amended to read as follows: years 2013 through 2015’’. ‘‘$438,009,863 for the period beginning on Oc- ‘‘(C) $272,000,000 for fiscal year 2015.’’. (5) SAFETY DATA IMPROVEMENT GRANTS.— tober 1, 2014, and ending on July 31, 2015,’’ (4) NATIONAL DRIVER REGISTER.—Section Section 4101(c)(5) of SAFETEA–LU (119 Stat. and inserting ‘‘$525,900,000 for fiscal year 31101(a)(4)(C) of MAP–21 (126 Stat. 733) is 1715) is amended by striking ‘‘each of fiscal 2015’’. amended to read as follows: years 2013 and 2014 and $2,498,630 for the pe- riod beginning on October 1, 2014, and ending (b) RESEARCH, DEVELOPMENT DEMONSTRA- ‘‘(C) $5,000,000 for fiscal year 2015.’’. on July 31, 2015’’ and inserting ‘‘each of fiscal TION AND DEPLOYMENT PROJECTS.—Section (5) HIGH VISIBILITY ENFORCEMENT PRO- years 2013 through 2015’’. 5338(b) of title 49, United States Code, is GRAM.— IGH RIORITY CTIVITIES (A) AUTHORIZATION OF APPROPRIATIONS.— (d) H -P A .—Section amended by striking ‘‘$58,301,370 for the pe- 31104(k)(2) of title 49, United States Code, is riod beginning on October 1, 2014, and ending Section 31101(a)(5)(C) of MAP–21 (126 Stat. 733) is amended to read as follows: amended by striking ‘‘each of fiscal years on July 31, 2015’’ and inserting ‘‘$70,000,000 ‘‘(C) $29,000,000 for fiscal year 2015.’’. 2006 through 2014 and up to $12,493,151 for the for fiscal year 2015’’. (B) LAW ENFORCEMENT CAMPAIGNS.—Section period beginning on October 1, 2014, and end- (c) TRANSIT COOPERATIVE RESEARCH PRO- 2009(a) of SAFETEA–LU (23 U.S.C. 402 note) ing on July 31, 2015,’’ and inserting ‘‘each of GRAM.—Section 5338(c) of title 49, United is amended— fiscal years 2006 through 2015’’. (e) NEW ENTRANT AUDITS.—Section States Code, is amended by striking (i) in the first sentence, by striking ‘‘and 31144(g)(5)(B) of title 49, United States Code, ‘‘$5,830,137 for the period beginning on Octo- 2014 and in the period beginning on October 1, 2014, and ending on July 31, 2015’’ and in- is amended by striking ‘‘per fiscal year and ber 1, 2014, and ending on July 31, 2015’’ and up to $26,652,055 for the period beginning on inserting ‘‘$7,000,000 for fiscal year 2015’’. serting ‘‘through 2015’’; and (ii) in the second sentence, by striking October 1, 2014, and ending on July 31, 2015,’’ (d) TECHNICAL ASSISTANCE AND STANDARDS ‘‘and 2014 and in the period beginning on Oc- and inserting ‘‘per fiscal year’’. (f) OUTREACH AND EDUCATION.—Section DEVELOPMENT.—Section 5338(d) of title 49, tober 1, 2014, and ending on July 31, 2015,’’ 4127(e) of SAFETEA–LU (119 Stat. 1741) is United States Code, is amended by striking and inserting ‘‘through 2015’’. amended by striking ‘‘each of fiscal years ‘‘$5,830,137 for the period beginning on Octo- (6) ADMINISTRATIVE EXPENSES.—Section ber 1, 2014, and ending on July 31, 2015’’ and 31101(a)(6)(C) of MAP–21 (126 Stat. 733) is 2013 and 2014 and $3,331,507 to the Federal Motor Carrier Safety Administration for the inserting ‘‘$7,000,000 for fiscal year 2015’’. amended to read as follows: ‘‘(C) $25,500,000 for fiscal year 2015.’’. period beginning on October 1, 2014, and end- (e) HUMAN RESOURCES AND TRAINING.—Sec- ing on July 31, 2015,’’ and inserting ‘‘each of (b) COOPERATIVE RESEARCH AND EVALUA- tion 5338(e) of title 49, United States Code, is fiscal years 2013 through 2015’’. TION.—Section 403(f)(1) of title 23, United (g) GRANT PROGRAM FOR COMMERCIAL amended by striking ‘‘$4,164,384 for the pe- States Code, is amended by striking ‘‘under MOTOR VEHICLE OPERATORS.—Section 4134(c) riod beginning on October 1, 2014, and ending subsection 402(c) in each fiscal year ending of SAFETEA–LU (49 U.S.C. 31301 note) is on July 31, 2015’’ and inserting ‘‘$5,000,000 for before October 1, 2014, and $2,082,192 of the amended by striking ‘‘each of fiscal years fiscal year 2015’’. total amount available for apportionment to 2005 through 2014 and $832,877 for the period the States for highway safety programs (f) CAPITAL INVESTMENT GRANTS.—Section beginning on October 1, 2014, and ending on under section 402(c) in the period beginning 5338(g) of title 49, United States Code, is July 31, 2015’’ and inserting ‘‘each of fiscal on October 1, 2014, and ending on July 31, amended by striking ‘‘$1,558,295,890 for the years 2005 through 2015’’. 2015,’’ and inserting ‘‘under section 402(c) in period beginning on October 1, 2014, and end- SEC. 73103. DINGELL-JOHNSON SPORT FISH RES- ing on July 31, 2015’’ and inserting each fiscal year ending before October 1, 2015,’’. TORATION ACT. ‘‘$1,907,000,000 for fiscal year 2015’’. Section 4 of the Dingell-Johnson Sport (c) APPLICABILITY OF TITLE 23.—Section (g) ADMINISTRATION.—Section 5338(h) of 31101(c) of MAP–21 (126 Stat. 733) is amended Fish Restoration Act (16 U.S.C. 777c) is title 49, United States Code, is amended— by striking ‘‘fiscal years 2013 and 2014 and for amended— (1) in paragraph (1), by striking ‘‘$86,619,178 the period beginning on October 1, 2014, and (1) in subsection (a), in the matter pre- for the period beginning on October 1, 2014, ending on July 31, 2015,’’ and inserting ‘‘each ceding paragraph (1) by striking ‘‘each fiscal and ending on July 31, 2015’’ and inserting of fiscal years 2013 through 2015’’. year through 2014 and for the period begin- ‘‘$104,000,000 for fiscal year 2015’’; ning on October 1, 2014, and ending on July SEC. 73102. EXTENSION OF FEDERAL MOTOR CAR- 31, 2015,’’ and inserting ‘‘each fiscal year (2) in paragraph (2), by striking ‘‘2013 and RIER SAFETY ADMINISTRATION PRO- 2014 and not less than $4,164,384 for the period GRAMS. through 2015’’; and (2) in subsection (b)(1)(A) by striking ‘‘for beginning on October 1, 2014, and ending on (a) MOTOR CARRIER SAFETY GRANTS.—Sec- July 31, 2015,’’ and inserting ‘‘2013, 2014, and tion 31104(a)(10) of title 49, United States each fiscal year ending before October 1, 2014, 2015’’; and Code, is amended to read as follows: and for the period beginning on October 1, (3) in paragraph (3), by striking ‘‘2013 and ‘‘(10) $218,000,000 for fiscal year 2015.’’. 2014, and ending on July 31, 2015,’’ and insert- 2014 and not less than $832,877 for the period (b) ADMINISTRATIVE EXPENSES.—Section ing ‘‘for each fiscal year ending before Octo- beginning on October 1, 2014, and ending on 31104(i)(1)(J) of title 49, United States Code, ber 1, 2015’’. July 31, 2015,’’ and inserting ‘‘2013, 2014, and is amended to read as follows: Subtitle B—Hazardous Materials 2015’’. ‘‘(J) $259,000,000 for fiscal year 2015.’’. SEC. 73201. AUTHORIZATION OF APPROPRIA- (c) GRANT PROGRAMS.— TIONS. SEC. 72004. BUS AND BUS FACILITIES FORMULA (1) COMMERCIAL DRIVER’S LICENSE PROGRAM (a) IN GENERAL.—Section 5128(a)(3) of title GRANTS. IMPROVEMENT GRANTS.—Section 4101(c)(1) of 49, United States Code, is amended to read as Section 5339(d)(1) of title 49, United States SAFETEA–LU (119 Stat. 1715) is amended by follows: Code, is amended— striking ‘‘each of fiscal years 2013 and 2014 ‘‘(3) $42,762,000 for fiscal year 2015.’’. (1) by striking ‘‘2013 and 2014 and $54,553,425 and $24,986,301 for the period beginning on (b) HAZARDOUS MATERIALS EMERGENCY for the period beginning on October 1, 2014, October 1, 2014, and ending on July 31, 2015’’ PREPAREDNESS FUND.—Section 5128(b)(2) of and ending on July 31, 2015,’’ and inserting and inserting ‘‘each of fiscal years 2013 title 49, United States Code, is amended to ‘‘2013, 2014, and 2015’’; through 2015’’. read as follows: (2) by striking ‘‘and $1,041,096 for such pe- (2) BORDER ENFORCEMENT GRANTS.—Section ‘‘(2) FISCAL YEAR 2015.—From the Hazardous riod’’; and 4101(c)(2) of SAFETEA–LU (119 Stat. 1715) is Materials Emergency Preparedness Fund es- (3) by striking ‘‘and $416,438 for such pe- amended by striking ‘‘each of fiscal years tablished under section 5116(i), the Secretary riod’’. 2013 and 2014 and $26,652,055 for the period be- may expend during fiscal year 2015—

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.055 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5322 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(A) $188,000 to carry out section 5115; retary of the Treasury, determines under the national priority safety programs under sec- ‘‘(B) $21,800,000 to carry out subsections (a) test or reevaluation described under sub- tion 405 of title 23, United States Code; and (b) of section 5116, of which not less than section (c) or (d) that the projected cash bal- (6) the high visibility enforcement program $13,650,000 shall be available to carry out sec- ances of either the Highway Account or the under section 2009 of SAFETEA-LU (23 tion 5116(b); Mass Transit Account of the Highway Trust U.S.C. 402 note; Public Law 109–59); ‘‘(C) $150,000 to carry out section 5116(f); Fund will fall below the levels described in (7) the highway safety research and devel- ‘‘(D) $625,000 to publish and distribute the subparagraph (A) or (B) of subsection (c)(2) opment program under section 403 of title 23, Emergency Response Guidebook under sec- at any time during the fiscal year for which United States Code; tion 5116(i)(3); and that determination applies, the Secretary (8) the national driver register under chap- ‘‘(E) $1,000,000 to carry out section 5116(j).’’. shall not approve any obligation of funds au- ter 303 of title 49, United States Code; (c) HAZARDOUS MATERIALS TRAINING thorized out of the Highway Account or the (9) the motor carrier safety assistance pro- GRANTS.—Section 5128(c) of title 49, United Mass Transit Account of the Highway Trust gram under section 31102 of title 49, United States Code, is amended by striking ‘‘each of Fund during that fiscal year. States Code; fiscal years 2013 and 2014 and $3,331,507 for (c) CASH BALANCE TEST.—On July 15 prior (10) the administrative expenses of the the period beginning on October 1, 2014, and to the beginning of each of fiscal years 2019 Federal Motor Carrier Safety Administra- ending on July 31, 2015,’’ and inserting ‘‘each through 2021, the Secretary, in consultation tion under section 31110 of title 49, United of fiscal years 2013 through 2015’’. with the Secretary of the Treasury, shall— States Code; and TITLE LXXIV—REVENUE PROVISIONS (1) based on data available for the (11) the administrative expenses of the midsession review described under section Federal Transit Administration funded SEC. 74001. EXTENSION OF TRUST FUND EXPEND- under section 5338(h) of title 49, United ITURE AUTHORITY. 1106 of title 31, United States Code, estimate the projected cash balances of the Highway States Code, to carry out section 5329 of title (a) HIGHWAY TRUST FUND.—Section 9503 of Account and the Mass Transit Account of 49, United States Code. the Internal Revenue Code of 1986 is amend- the Highway Trust Fund for the upcoming ed— SEC. 80003. PROHIBITION ON RESCISSIONS OF fiscal year; and CERTAIN CONTRACT AUTHORITY. (1) by striking ‘‘August 1, 2015’’ in sub- (2) determine if those cash balances— For purposes of the enforcement of a point sections (b)(6)(B), (c)(1), and (e)(3) and insert- (A) are projected to fall below the amount of order established under the Congressional ing ‘‘October 1, 2015’’, and of $4,000,000,000 at any time during that up- Budget Act of 1974 (2 U.S.C. 621 et seq.), the (2) by striking ‘‘Highway and Transpor- coming fiscal year in the Highway Account determination of levels under the Balanced tation Funding Act of 2015’’ in subsections of the Highway Trust Fund; or Budget and Emergency Deficit Control Act (c)(1) and (e)(3) and inserting ‘‘Surface (B) are projected to fall below the amount of 1985 (2 U.S.C. 900 et seq.) or the Statutory Transportation Extension Act of 2015’’. of $1,000,000,000 at any time during that up- Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et (b) SPORT FISH RESTORATION AND BOATING coming fiscal year in the Mass Transit Ac- seq.), and the enforcement of a point of order TRUST FUND.—Section 9504 of the Internal count of the Highway Trust Fund. established under or the determination of Revenue Code of 1986 is amended— levels under a concurrent resolution on the (1) by striking ‘‘Highway and Transpor- (d) REEVALUATION.—The Secretary shall budget, the rescission of contract authority tation Funding Act of 2015’’ each place it ap- conduct the test described under subsection that is provided under this Act or an amend- pears in subsection (b)(2) and inserting ‘‘Sur- (c) again during a respective fiscal year— ment made by this Act for fiscal year 2019, face Transportation Extension Act of 2015’’, (1) if a law is enacted that provides addi- 2020, or 2021 shall not be counted. and tional revenues, deposits, or transfers to the Highway Trust Fund; or (2) by striking ‘‘August 1, 2015’’ in sub- SA 2267. Mr. MANCHIN submitted an section (d)(2) and inserting ‘‘October 1, 2015’’. (2) when the President submits to Congress under section 1105(a) of title 31, United amendment intended to be proposed by (c) LEAKING UNDERGROUND STORAGE TANK States Code, updated outlay estimates or TRUST FUND.—Paragraph (2) of section him to the bill H.R. 22, to amend the 9508(e) of the Internal Revenue Code of 1986 is revenue projections related to the Highway Internal Revenue Code of 1986 to ex- amended by striking ‘‘August 1, 2015’’ and in- Trust Fund. empt employees with health coverage serting ‘‘October 1, 2015’’. (e) NOTIFICATION.—Not later than 15 days under TRICARE or the Veterans Ad- after a determination is made under sub- (d) EFFECTIVE DATE.—The amendments ministration from being taken into ac- made by this section shall take effect on Au- section (c) or (d), the Secretary shall provide notification of the determination to— count for purposes of determining the gust 1, 2015. employers to which the employer man- (c) LEAKING UNDERGROUND STORAGE TANK (1) the Committee on Environment and date applies under the Patient Protec- TRUST FUND.—Paragraph (2) of section Public Works of the Senate; 9508(e) of the Internal Revenue Code of 1986 is (2) the Committee on Transportation and tion and Affordable Care Act; which amended by striking ‘‘August 1, 2015’’ and in- Infrastructure of the House of Representa- was ordered to lie on the table; as fol- serting ‘‘October 1, 2015’’. tives; lows: (3) the Committee on Banking, Housing, (d) EFFECTIVE DATE.—The amendments At the appropriate place, insert the fol- and Urban Affairs of the Senate; made by this section shall take effect on Au- lowing: gust 1, 2015. (4) the Committee on Commerce, Science, and Transportation of the Senate; and TITLE ll—PILOT’S BILL OF RIGHTS 2 DIVISION H—BUDGETARY EFFECTS (5) State transportation departments and SEC. ll01. SHORT TITLE. SEC. 80001. BUDGETARY EFFECTS. designated recipients. This title may be cited as the ‘‘Pilot’s Bill The budgetary effects of this Act, for the (f) EXCEPTIONS.—Notwithstanding sub- of Rights 2’’. purpose of complying with the Statutory section (b), the Secretary shall approve obli- SEC. ll02. MEDICAL CERTIFICATION OF CER- Pay-As-You-Go-Act of 2010, shall be deter- gations in every fiscal year for— TAIN SMALL AIRCRAFT PILOTS. mined by reference to the latest statement (1) administrative expenses of the Federal (a) IN GENERAL.—Not later than 180 days titled ‘‘Budgetary Effects of PAYGO Legisla- Highway Administration, including any ad- after the date of the enactment of this Act, tion’’ for this Act, submitted for printing in ministrative expenses funded under— the Administrator of the Federal Aviation the Congressional Record by the Chairman of (A) section 104(a) of title 23, United States Administration shall issue or revise medical the Senate Budget Committee, provided that Code; certificate regulations to ensure that an in- such statement has been submitted prior to (B) the tribal transportation program dividual may operate as pilot in command or the vote on passage. under section 202(a)(6), of title 23, United required crewmember of a covered aircraft SEC. 80002. MAINTENANCE OF HIGHWAY TRUST States Code; without regard to any medical certification FUND CASH BALANCE. (C) the Federal lands transportation pro- or proof of health requirement otherwise ap- (a) DEFINITIONS.—In this section: gram under section 203 of title 23, United plicable under Federal law if— (1) HIGHWAY ACCOUNT.—The term ‘‘Highway States Code; and (1) the individual possesses a valid driver’s Account’’ has the meaning given the term in (D) chapter 6 of title 23, United States license issued by a State, territory, or pos- section 9503(e)(5)(B) of the Internal Revenue Code; session of the United States and complies Code of 1986. (2) funds for the national highway perform- with all medical requirements or restrictions (2) HIGHWAY TRUST FUND.—The term ‘‘High- ance program under section 119 of title 23, associated with that license; way Trust Fund’’ means the Highway Trust United States Code, that are exempt from (2) the individual holds a medical certifi- Fund established by section 9503(a) of the In- the limitation on obligations; cate issued by the Federal Aviation Adminis- ternal Revenue Code of 1986. (3) the emergency relief program under tration on the date of enactment of this Act, (3) MASS TRANSIT ACCOUNT.—The term section 125 of title 23, United States Code; held such a certificate at any point during ‘‘Mass Transit Account’’ means the Mass (4) the administrative expenses of the Na- the 10-year period preceding such date of en- Transit Account established by section tional Highway Traffic Safety Administra- actment, or obtains such a certificate after 9503(e)(1) of the Internal Revenue Code of tion in carrying out chapter 4 of title 23, such date of enactment; 1986. United States Code; (3) the most recent medical certificate (b) RESTRICTION ON OBLIGATIONS.—If the (5) the highway safety programs under sec- issued by the Federal Aviation Administra- Secretary, in consultation with the Sec- tion 402 of title 23, United States Code, and tion to the individual—

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(A) indicates whether the certificate is (1) IN GENERAL.—An individual who has Stat. 1159; 49 U.S.C. 44703 note) is amended to first, second, or third class; qualified for the third-class medical certifi- read as follows: (B) includes authorization for special cate exemption under subsection (a) and is ‘‘(1) IN GENERAL.—Upon an order by the Ad- issuance; seeking to serve as a pilot in command or re- ministrator denying an application for the (C) may be expired; quired crew member of a covered aircraft issuance or renewal of a covered certificate (D) cannot have been revoked or sus- shall be required to have completed the proc- under section 44703 of title 49, United States pended; and ess for obtaining an Authorization for Spe- Code, to amend, modify, suspend, or revoke a (E) cannot have been withdrawn; cial Issuance of a Medical Certificate one covered certificate under section 44709 or (4) the aircraft is carrying not more than 5 time if the individual is diagnosed with any 44710 of such title, or to impose a civil pen- passengers; of the following medical conditions: alty under section 46301 of such title, an indi- (5) the individual is operating the aircraft (A) A mental health disorder, limited to vidual substantially affected by the order under visual flight rules or instrument flight clinically diagnosed conditions of— may, at the individual’s election, file an ap- rules; (i) personality disorder that is severe peal with the National Transportation Safe- (6) the flight, including each portion of enough to have repeatedly manifested itself ty Board or, without further administrative that flight, is not carried out— by overt acts; review, in the United States district court in (A) for compensation or hire, including (ii) psychosis, defined as a case in which an which the individual resides or in which the that no passenger or property on the flight is individual— action in question occurred, or in the United being carried for compensation or hire; (I) has manifested delusions, halluci- States District Court for the District of Co- (B) at an altitude that is not more than nations, grossly bizarre or disorganized be- lumbia.’’. 18,000 feet above mean sea level; havior, or other commonly accepted symp- (2) CONFORMING AMENDMENT.—Section 2(d) (C) outside the United States, unless au- toms of psychosis; or of such Act is amended— thorized by the country in which the flight is (II) may reasonably be expected to mani- (A) in paragraph (2), by striking ‘‘Federal conducted; or fest delusions, hallucinations, grossly bizarre district court’’ and inserting ‘‘United States (D) at an indicated air speed exceeding 250 or disorganized behavior, or other commonly district court’’; knots; accepted symptoms of psychosis; (B) by redesignating paragraph (2) as para- (7)(A) the individual has completed a med- (iii) severe bipolar disorder; and graph (3); and ical education course described in subsection (iv) substance dependence within the pre- (C) by inserting after paragraph (1) the fol- (b) during the 24 calendar months before act- vious 2 years, as defined in section 67.307(4) lowing: ing as pilot in command or required crew- of title 14, Code of Federal Regulations. ‘‘(2) EXCEPTION FOR REVIEW OF THE ADMINIS- member in a covered aircraft and dem- (B) A neurological disorder, limited to an TRATOR’S DETERMINATION OF EMERGENCY.—An onstrates proof of completion of the course; established medical history and clinical di- individual affected by any order issued by or agnosis of the following: the Administrator under section 44709 or (B) the individual exercises sport pilot (i) Epilepsy. 44710 of title 49, United States Code, as an privileges or acts as pilot in command of a (ii) Disturbance of consciousness without emergency order, as an order not designated glider or balloon; and satisfactory medical explanation of the as an emergency order but later amended to be an emergency order, or any order des- (8) the individual, when serving as a pilot cause. ignated as effective immediately, may peti- in command or required crewmember, is (iii) A transient loss of control of nervous tion for a review by the Board, under proce- under the care and treatment of a private system functions without satisfactory med- dures promulgated by the Board, of the Ad- physician if the individual has been diag- ical explanation of the cause. ministrator’s determination that an emer- nosed with any medical condition that may (C) A cardiovascular condition, limited to gency exists.’’. impact the ability of the individual to fly. the following: (b) DE NOVO REVIEW BY DISTRICT COURT; (i) Myocardial infraction. (b) MEDICAL EDUCATION COURSE REQUIRE- BURDEN OF PROOF.—Section 2(e) of such Act MENTS.—The medical education course de- (ii) Coronary heart disease that has been is amended— scribed in subsection (a)(7) shall— treated by open heart surgery. (1) by amending paragraph (1) to read as (1) be available on the Internet free of (iii) Cardiac valve replacement. follows: charge, (iv) Heart replacement. ‘‘(1) IN GENERAL.—In an appeal filed under (2) be developed and periodically updated (2) SPECIAL RULE FOR CARDIOVASCULAR CON- subsection (d) in a United States district in coordination with representatives of rel- DITIONS.—In the case of an individual with a court with respect to a denial, suspension, or evant nonprofit and not-for-profit general cardiovascular condition, the process for ob- revocation of a covered certificate or the im- aviation stakeholder groups; taining an Authorization for Special position of a punitive civil action by the Ad- (3) educate pilots on conducting medical Issuance of a Medical Certificate shall be ministrator— self-assessments; satisfied with the successful completion of ‘‘(A) the district court shall review the de- (4) advise pilots on identifying warning an appropriate clinical evaluation without a nial, suspension, revocation, or the imposi- signs of potential serious medical conditions; mandatory wait period. tion of a punitive civil action de novo, in- (5) identify risk mitigation strategies for (d) REPORT REQUIRED.—Not later than 5 cluding by— medical conditions; years after the date of the enactment of this ‘‘(i) conducting a full independent review (6) increase awareness and impacts of po- Act, the Administrator, in coordination with of the complete administrative record of the tentially impairing over-the-counter and the National Transportation Safety Board, denial, suspension, or revocation; prescription drug medications; shall submit to Congress a report that de- ‘‘(ii) permitting additional discovery and (7) encourage regular medical exams and scribes the effect of the regulations issued or the taking of additional evidence; and consultations with primary care physicians; revised under subsection (a) and includes sta- ‘‘(iii) making the findings of fact and con- (8) inform pilots of the regulations per- tistics with respect to changes in small air- clusions of law required by Rule 52 of the taining to the prohibition on operations dur- craft activity and safety incidents. Federal Rules of Civil Procedure without ing medical deficiency; and (e) PROHIBITION ON ENFORCEMENT AC- being bound to any facts found by the Ad- (9) provide to an individual a signature TIONS.—On and after the date that is 180 days ministrator or the National Transportation page, which shall be transmitted to the Ad- after the date of the enactment of this Act, Safety Board.’’; ministrator, for the individual to certify the Administrator may not take an enforce- (2) by redesignating paragraph (2) as para- that the individual has— ment action for not holding a valid third- graph (3); and (A) completed the course; class medical certificate against a pilot of a (3) by inserting after paragraph (1) the fol- (B) received a routine physical exam from covered aircraft for a flight if the pilot and lowing: an appropriately qualified physician during the flight meet the applicable requirements ‘‘(2) BURDEN OF PROOF.—In an appeal filed the 60 months before acting as pilot in com- under subsection (a) unless the Adminis- under subsection (d) in a United States dis- mand or required crewmember in a covered trator has published final regulations in the trict court, the burden of proof shall be as aircraft; Federal Register under that subsection. follows: (C) received the care and treatment from a (f) COVERED AIRCRAFT DEFINED.—In this ‘‘(A) In an appeal of an order issued by the private physician in accordance with sub- section, the term ‘‘covered aircraft’’ means Administrator pursuant to section 44703 of section (a)(8), if applicable; and an aircraft that— title 49, United States Code, the burden of (D) declared an understanding of the exist- (1) is not authorized under Federal law to proof shall be upon the applicant denied a ing prohibition on operations during medical carry more than 6 occupants; and covered certificate by the Administrator. deficiency by stating: ‘‘I understand that I (2) has a maximum certificated takeoff ‘‘(B) In an appeal of an order issued by the cannot act as pilot in command, or in any weight of not more than 6,000 pounds. Administrator pursuant to section 44709, other capacity as a required flight crew- SEC. ll03. EXPANSION OF PILOT’S BILL OF 44710, or 46301 of such title, the burden of member, if I know or have reason to know of RIGHTS. proof shall be upon the Administrator.’’; and any medical condition that would make me (a) APPEALS NOT SUBJECT TO EXHAUSTION (4) by adding at the end the following: unable to operate the aircraft in a safe man- OF ADMINISTRATIVE REMEDIES.— ‘‘(4) APPLICABILITY OF ADMINISTRATIVE PRO- ner.’’. (1) IN GENERAL.—Section 2(d)(1) of the Pi- CEDURE ACT.—Notwithstanding paragraph (c) SPECIAL ISSUANCE PROCESS.— lot’s Bill of Rights (Public Law 112–153; 126 (1)(A) or subsection (a)(1) of section 554 of

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TION.— or the imposition of a civil penalty, in which ‘‘(i) PROHIBITION ON PUBLICIZING PENDING (1) IN GENERAL.—Section 2 of such Act is the Administrator notifies the covered cer- INVESTIGATIONS OR ENFORCEMENT ACTIONS.— amended— tificate holder of a proposed certificate ac- The Administrator may not indicate in the (A) in subsection (a)— tion under subsections (b) and (c) of section publicly accessible records of an individual (i) by striking ‘‘subpart C, D, or F of’’; and 44709 or section 44710 of title 49, United holding a covered certificate who is the sub- (ii) by striking ‘‘an airman certificate’’ and States Code, the Administrator shall, upon ject of an investigation described in sub- inserting ‘‘a covered certificate’’; and the written request of the covered certificate section (b)(1) any information that is dif- (B) in subsection (b)(1), by striking ‘‘an air- holder and at any time after that notifica- ferent from information in such records of an man certificate under chapter 447 of title 49, tion, provide to the covered certificate hold- individual who is not the subject of such an United States Code’’ and inserting ‘‘a cov- er the releasable portion of the investigative investigation.’’. ered certificate’’. report. SEC. ll04. LIMITATIONS ON REEXAMINATION OF CERTIFICATE HOLDERS. (2) COVERED CERTIFICATE DEFINED.—Section ‘‘(2) MOTION FOR DISMISSAL.—If the Admin- (a) IN GENERAL.—Section 44709 of title 49, 2 of such Act is amended by adding at the istrator does not provide the releasable por- United States Code, is amended— end the following: tions of the investigative report to the indi- ‘‘(j) COVERED CERTIFICATE DEFINED.—In (1) in subsection (a)— vidual holding the covered certificate sub- (A) in the subsection heading, by striking this section, the term ‘covered certificate’ ject to the proceeding referred to in para- ‘‘AND REEXAMINATION’’; means a certificate or any other authoriza- graph (1) by the time required by that para- tion issued by the Administrator and held by (B) by striking ‘‘The Administrator’’ and graph, the individual may move to dismiss inserting the following: an individual under chapter 447 of title 49, the complaint of the Administrator or for ‘‘(1) IN GENERAL.—The Administrator’’; United States Code.’’. other relief and, unless the Administrator es- (d) NOTIFICATION OF INVESTIGATION.—Sec- (C) by striking ‘‘, or reexamine an airman tablishes good cause for the failure to pro- tion 2 of such Act is further amended— holding a certificate issued under section vide the investigative report, the adminis- (1) by striking subsection (c); 44703 of this title’’; and trative law judge shall order such relief as (2) by redesignating paragraph (5) of sub- (D) by adding at the end the following: the judge considers appropriate. section (b) as subsection (c), and by moving ‘‘(2) REEXAMINATION OF AIRMEN CERTIFI- ‘‘(3) RELEASABLE PORTION OF INVESTIGATIVE such subsection, as so redesignated, two ems CATES.— REPORT.—For purposes of paragraph (1), the to the left; ‘‘(A) IN GENERAL.—The Administrator may releasable portion of an investigative report (3) in subsection (b)— not reexamine an airman holding a certifi- is all information in the report, except for (A) in paragraph (2)(A), by inserting ‘‘and cate issued under section 44703 of this title if the following: the specific activity on which the investiga- the reexamination is ordered as a result of ‘‘(A) Information that is privileged. tion is based’’ after ‘‘nature of the investiga- an event involving the fault of the Federal ‘‘(B) Information that constitutes work tion’’; Aviation Administration or its designee, un- product or reflects internal deliberative (B) in paragraph (3), by striking ‘‘timely’’; less the Administrator has reasonable process. (C) by redesignating paragraph (4) as para- grounds— ‘‘(C) Information that would disclose the graph (5); and ‘‘(i) to establish that an airman may not be identity of a confidential source. (D) by inserting after paragraph (3) the fol- qualified to exercise the privileges of a par- ‘‘(D) Information the disclosure of which is lowing: ticular certificate or rating, based upon an prohibited by any other provision of law. ‘‘(4) FAILURE TO PROVIDE INFORMATION.—If act or omission committed by the airman ‘‘(E) Information that is not relevant to the Administrator does not provide an indi- while exercising those privileges, after the the subject matter of the proceeding. vidual with the notification required by certificate or rating was issued by the Fed- ‘‘(F) Information the Administrator can paragraph (1) with respect to an investiga- eral Aviation Administration or its designee; demonstrate is withheld for good cause. tion relating to the amendment, modifica- or ‘‘(G) Sensitive security information, as de- tion, suspension, or revocation of a covered ‘‘(ii) to demonstrate that the airman ob- fined in section 15.5 of title 49, Code of Fed- certificate, including all of the information tained the certificate or the rating through eral Regulations (or any corresponding simi- required under paragraph (2), the Adminis- fraudulent means or through an examination lar ruling or regulation). trator may not— that was substantially and demonstrably in- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in ‘‘(A) retain any record of the investigation adequate to establish the airman’s qualifica- this subsection shall be construed to prevent without expunging all information that es- tions. the Administrator from releasing to an indi- tablishes or may reasonably assist in estab- ‘‘(B) NOTIFICATION REQUIREMENTS.—Before vidual subject to an investigation described lishing the identity of the individual that taking any action to reexamine an airman in subsection (b)(1)— was the subject of the investigation; holding a certificate issued under section ‘‘(A) information in addition to the infor- ‘‘(B) suspend, or revoke the covered certifi- 44703 of this title, the Administrator shall mation included in the releasable portion of cate; provide to the airman— the investigative report; or ‘‘(C) seek a civil penalty or other punitive ‘‘(i) a reasonable basis, described in detail, ‘‘(B) a copy of the investigative report be- action against the individual; or for requesting the reexamination; and fore the Administrator issues a complaint.’’. ‘‘(D) in any way take action, including ‘‘(ii) any releasable information gathered (f) LIMITATION ON DOCUMENT REQUESTS.— by the Federal Aviation Administration, issuance of a warning letter or letter of cor- Section 2 of such Act, as amended by sub- rection or any other administrative action, section (e), is further amended by inserting such as the scope and nature of the requested with regard to the matter that was the sub- after subsection (f) the following: reexamination, that formed the basis for ject of the investigation.’’; and ‘‘(g) LIMITATION ON DOCUMENT REQUESTS.— that justification.’’. (4) in subsection (c), as redesignated by In any case in which the Administrator initi- (b) AMENDMENT, MODIFICATION, SUSPENSION, paragraph (2), by striking ‘‘section ates an investigation described in subsection OR REVOCATION OF AIRMEN CERTIFICATES 44709(c)(2)’’ and inserting ‘‘section (b)(1) with respect to an individual, the Ad- AFTER REEXAMINATION.—Section 44709(b) of 44709(e)(2)’’. ministrator and the investigating officials such title is amended— (e) RELEASE OF INVESTIGATIVE REPORTS.— may request documents from the individual (1) by redesignating subparagraphs (A) and Section 2 of such Act is amended by insert- only if the request is limited and narrowly (B) as clauses (i) and (ii), and by moving such ing after subsection (e) the following: tailored to issues in the investigation.’’. clauses, as so redesignated, two ems to the ‘‘(f) RELEASE OF INVESTIGATIVE REPORTS.— (g) LIMITATION ON RETENTION OF right; ‘‘(1) IN GENERAL.— RECORDS.—Section 2 of such Act, as amended (2) by redesignating paragraphs (1) and (2) ‘‘(A) EMERGENCY ORDERS.—In any pro- by subsections (e) and (f), is further amended as subparagraphs (A) and (B), and by moving ceeding conducted under part 821 of title 49, by inserting after subsection (g) the fol- such subparagraphs, as so redesignated, two Code of Federal Regulations, relating to the lowing: ems to the right; amendment, modification, suspension, or ‘‘(h) LIMITATION ON RETENTION OF (3) by striking ‘‘The Administrator’’ and revocation of a covered certificate, in which RECORDS.—The Administrator shall not re- inserting the following: the Administrator issues an emergency order tain any information that establishes or may ‘‘(1) IN GENERAL.—The Administrator’’; and under subsections (d) and (e) of section 44709, reasonably assist in establishing the identity (4) by adding at the end the following: section 44710, or section 46105(c) of title 49, of an individual that was the subject of any ‘‘(2) AMENDMENT, MODIFICATION, SUSPEN- United States Code, or another order that investigation described in subsection (b)(1) SION, OR REVOCATION OF AIRMEN CERTIFICATES takes effect immediately, the Administrator with respect to a covered certificate— AFTER REEXAMINATION.—

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‘‘(A) IN GENERAL.—The Administrator may ‘‘(2) PROHIBITION ON TAKING ACTION FOR VIO- ‘‘(1) IN GENERAL.—Not later than 180 days not amend, modify, suspend, or revoke an LATIONS OF NOTAMS NOT IN REPOSITORY.— after the date of the enactment of the Pilot’s airman certificate issued under section 44703 ‘‘(A) IN GENERAL.—Except as provided in Bill of Rights 2, the Administrator shall pro- of this title after a reexamination of the air- subparagraph (A), on and after the date on mulgate regulations or guidance to ensure man holding the certificate unless the Ad- which the repository established under sub- compliance with this section by the Federal ministrator finds that the airman— section (a)(2)(B) is final and published, the Aviation Administration, contract towers, ‘‘(i) lacks the technical skills and com- Administrator may not take any enforce- and other contractors of the Federal Avia- petency, or care, judgment, and responsi- ment action against an airman for a viola- tion Administration that maintain covered bility, necessary to hold and safely exercise tion of a NOTAM during a flight if that flight records. the privileges of the certificate; or NOTAM is not available through the reposi- ‘‘(2) COMPLIANCE BY APPLICABLE ENTITIES.— ‘‘(ii) materially contributed to the tory before the commencement of the flight ‘‘(A) IN GENERAL.—Compliance with this issuance of the certificate by fraudulent and reasonably accessible and identifiable to section by a contract tower or other con- means. the airman. tractor of the Federal Aviation Administra- ‘‘(B) STANDARD OF REVIEW.—Any finding of ‘‘(B) EXCEPTION FOR NATIONAL SECURITY.— tion that maintains covered flight records the Administrator under this paragraph Subparagraph (A) shall not apply in the case shall be included as a material term in any shall be subject to the standard of review of an enforcement action for a violation of a contract between the Federal Aviation Ad- provided for under the Pilot’s Bill of Rights NOTAM that directly relates to national se- ministration and the contract tower or con- (49 U.S.C. 44703 note).’’. curity.’’. tractor entered into or renewed on or after (c) CONFORMING AMENDMENTS.—Section SEC. ll06. ACCESSIBILITY OF CERTAIN FLIGHT the date of the enactment of the Pilot’s Bill 44709(d)(1) of such title is amended— DATA. of Rights 2. (1) in subparagraph (A), by striking ‘‘sub- (a) IN GENERAL.—Subchapter I of chapter ‘‘(B) MODIFICATION OF CONTRACT OR AGREE- section (b)(1)(A)’’ and inserting ‘‘subsection 471 of title 49, United States Code, is amend- MENT.—Not later than one year after the (b)(1)(A)(i)’’; and ed by inserting after section 47124 the fol- date of the enactment of the Pilot’s Bill of (2) in subparagraph (B), by striking ‘‘sub- lowing: Rights 2, the Administrator shall secure a modification to include compliance with this section (b)(1)(B)’’ and inserting ‘‘subsection ‘‘§ 47124a. Accessibility of certain flight data (b)(1)(A)(ii)’’. section by each contract tower and other ‘‘(a) DEFINITIONS.—In this section: contractor of the Federal Aviation Adminis- SEC. ll05. EXPEDITING UPDATES TO NOTAM ‘‘(1) CONTRACT TOWER.—The term ‘contract tration that maintains covered flight records PROGRAM. tower’ means an air traffic control tower as a material term in any contract between (a) IN GENERAL.—The Administrator of the providing air traffic control services pursu- the Federal Aviation Administration and the Federal Aviation Administration may not ant to a contract with the Federal Aviation contract tower or contractor that will not take any enforcement action, on or after the Administration under the Contract Tower otherwise be renegotiated, renewed, or modi- date that is 180 days after the date of the en- Program under section 47124(b)(3). fied before the date that is one year after actment of this Act, against any individual ‘‘(2) COVERED FLIGHT RECORD.—The term such date of enactment.’’. for a violation of a NOTAM (as defined in ‘covered flight record’ means any flight data, (b) CLERICAL AMENDMENT.—The table of section 3 of the Pilot’s Bill of Rights (49 including air traffic data (as defined in sec- sections for chapter 471 of title 49, United U.S.C. 44701 note)) until the Administrator tion 2(b)(4)(B) of the Pilot’s Bill of Rights (49 States Code, is amended by inserting after certifies that the Administrator has com- U.S.C. 44703 note)), created, maintained, or the item relating to section 47124 the fol- plied with the requirements of section 3 of controlled by any program of the Federal lowing: the Pilot’s Bill of Rights, as amended by this Aviation Administration, whether carried ‘‘47124a. Accessibility of certain flight section, to— out by employees or contractors of the Fed- data.’’. (1) the Committee on Appropriations and eral Aviation Administration, including con- SEC. ll07. LIMITATION OF LIABILITY FOR CER- the Committee on Commerce, Science, and tract towers, flight service stations, and con- TAIN INDIVIDUALS DESIGNATED AS Transportation of the Senate; and troller training programs. REPRESENTATIVES OF THE FED- (2) the Committee on Appropriations and ‘‘(b) PROVISION OF COVERED FLIGHT DATA TO ERAL AVIATION ADMINISTRATION. the Committee on Transportation and Infra- FEDERAL AVIATION ADMINISTRATION.— (a) IN GENERAL.—Any individual des- structure of the House of Representatives. ‘‘(1) REQUEST FROM FEDERAL AVIATION AD- ignated by the Administrator of the Federal (b) AMENDMENTS.—Section 3 of the Pilot’s MINISTRATION.—When the Federal Aviation Aviation Administration under subpart C of Bill of Rights (Public Law 112–153; 126 Stat. Administration receives a request for a cov- part 183 of title 14, Code of Federal Regula- 1162; 49 U.S.C. 44701 note) is amended— ered flight record from an individual who is tions, to act as a representative of the Ad- (1) in subsection (a)(2)— the subject of an investigation initiated by ministrator, including an aviation medical (A) in the matter preceding subparagraph the Administrator related to the flight examiner, pilot examiner, or designated air- (A)— record and that is not in the possession of worthiness representative, shall, when car- (i) by striking ‘‘this Act’’ and inserting the Federal Aviation Administration, the rying out duties pursuant to that designa- ‘‘the Pilot’s Bill of Rights 2’’; and Administrator of the Federal Aviation Ad- tion and without regard to the individual’s (ii) by striking ‘‘begin’’ and inserting ministration shall request the record from employer— ‘‘complete the implementation of’’; the contract tower or other contractor of the (1) be considered to be performing an activ- (B) by amending subparagraph (B) to read Federal Aviation Administration that pos- ity necessary to safeguard a uniquely Fed- as follows: sesses the record. If the Administrator has eral interest; and ‘‘(B) to continue developing and modern- issued, or subsequently issues, a Notice of (2) not be liable in a civil action for actions izing the NOTAM repository, in a public cen- Proposed Certificate Action relying on evi- performed with reasonable care in connec- tral location, to maintain and archive all dence contained in the covered flight record tion with those duties. (b) FRAUDULENT MISCONDUCT.—This section NOTAMs, including the original content and and the individual who is the subject of an does not relieve an individual described in form of the notices, the original date of pub- investigation had not previously requested subsection (a) that causes harm to any per- lication, and any amendments to such no- the record, the Administrator shall promptly tices with the date of each amendment, in a son through intentional or fraudulent mis- produce the record and extend the time the conduct while carrying out duties pursuant manner that is Internet-accessible, machine- individual has to respond to the Notice of to that subsection from any penalty applica- readable, and searchable;’’; Proposed Certificate Action until the cov- ble under any provision of law for that mis- (C) in subparagraph (C), by striking the pe- ered flight record is provided. conduct. riod at the end and inserting a semicolon; ‘‘(2) PROVISION OF RECORDS TO FEDERAL and SEC. ll08. AUTHORITY FOR LEGAL COUNSEL TO AVIATION ADMINISTRATION.—Any covered ISSUE CERTAIN NOTICES. (D) by adding at the end the following: flight record created, maintained, or con- Not later than 180 days after the date of ‘‘(D) to specify the times during which trolled by a contract tower or another con- the enactment of this Act, the Adminis- temporary flight restrictions are in effect tractor of the Federal Aviation Administra- trator of the Federal Aviation Administra- and the duration of a designation of special tion that maintains covered flight records tion shall revise section 13.11 of title 14, Code use airspace in a specific area.’’; and shall be provided to the Federal Aviation Ad- of Federal Regulations, to authorize legal (2) by amending subsection (d) to read as ministration if the Federal Aviation Admin- counsel to close enforcement actions covered follows: istration requests the record pursuant to by that section with a warning notice, letter ‘‘(d) DESIGNATION OF REPOSITORY AS SOLE paragraph (1). of correction, or other administrative action. SOURCE FOR NOTAMS.— ‘‘(c) FORMAT OF RECORDS.—Each contract SEC. ll09. LIABILITY PROTECTION FOR VOLUN- ‘‘(1) IN GENERAL.—The Administrator— tower or other contractor of the Federal TEER PILOTS THAT FLY FOR THE ‘‘(A) shall consider the repository for Aviation Administration that maintains cov- PUBLIC BENEFIT. NOTAMs established under subsection ered flight records shall maintain records re- (a) FINDINGS AND PURPOSE.— (a)(2)(B) to be the sole location for airmen to lating to covered flight records in formats (1) FINDINGS.—Congress finds the following: check for NOTAMs; and that are readily reproducible and reasonably (A) Many volunteer pilot nonprofit organi- ‘‘(B) may not consider a NOTAM to be an- searchable by the Federal Aviation Adminis- zations fly for public benefit and provide val- nounced and published until the NOTAM is tration. uable services to communities and individ- included in the repository. ‘‘(d) REGULATIONS.— uals.

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(B) In each calendar year, volunteer pilot COMMITTEE ON FINANCE Sec. 1. Short title. nonprofit organizations provide long-dis- Mr. MCCONNELL. Mr. President, I Sec. 2. Table of contents. tance, no-cost transportation for tens of ask unanimous consent that the Com- Sec. 3. References. thousands of people during times of special mittee on Finance be authorized to Sec. 4. Statement of purpose. Sec. 5. Table of contents of the Elementary need. meet during the session of the Senate (C) Such nonprofit organizations are no and Secondary Education Act longer able to purchase liability insurance on July 21, 2015, at 11:15 a.m., in room of 1965. for aircraft they do not own to provide liabil- SD–215 of the Dirksen Senate Office TITLE I—IMPROVING BASIC PROGRAMS ity protection at a reasonable price, and Building. OPERATED BY STATE AND LOCAL EDU- therefore face a highly detrimental liability The PRESIDING OFFICER. Without CATIONAL AGENCIES risk. objection, it is so ordered. Sec. 1001. Statement of purpose. (D) Such nonprofit organizations have sup- COMMITTEE ON HEALTH, EDUCATION, LABOR, Sec. 1002. Authorization of appropriations. ported the homeland security of the United AND PENSIONS Sec. 1003. School intervention and support States by providing volunteer pilot services Mr. MCCONNELL. Mr. President, I and State administration. during times of national emergency. ask unanimous consent that the Com- Sec. 1004. Basic program requirements. (2) PURPOSE.—The purpose of this section mittee on Health, Education, Labor, Sec. 1005. Parent and family engagement. is to promote the activities of volunteer Sec. 1006. Participation of children enrolled pilot nonprofit organizations that fly for and Pensions be authorized to meet during the session of the Senate on in private schools. public benefit and to sustain the availability Sec. 1007. Supplement, not supplant. of the services that such nonprofit organiza- July 21, 2015, at 2:30 p.m., in room SD– Sec. 1008. Coordination requirements. tions provide, including the following: 430 of the Dirksen Senate Office Build- Sec. 1009. Grants for the outlying areas and (A) Transportation at no cost to finan- ing, to conduct a hearing entitled ‘‘Re- the Secretary of the Interior. cially needy medical patients for medical stricting Advice and Education: DOL’s Sec. 1010. Allocations to States. treatment, evaluation, and diagnosis. Unworkable Investment Proposal for Sec. 1011. Equity grants. (B) Flights for humanitarian and chari- American Families and Retirees.’’ Sec. 1011A. Adequacy of funding rule. table purposes. Sec. 1011B. Education finance incentive (C) Other flights of compassion. The PRESIDING OFFICER. Without objection, it is so ordered. grant program. (b) LIABILITY PROTECTION FOR VOLUNTEER Sec. 1011C. Special allocation procedures. PILOT NONPROFIT ORGANIZATIONS THAT FLY COMMITTEE ON THE JUDICIARY Sec. 1012. Academic assessments. FOR PUBLIC BENEFIT AND TO PILOTS AND Mr. MCCONNELL. Mr. President, I Sec. 1013. Education of migratory children. STAFF OF SUCH NONPROFIT ORGANIZATIONS.— ask unanimous consent that the Com- Sec. 1014. Prevention and intervention pro- Section 4 of the Volunteer Protection Act of mittee on the Judiciary be authorized grams for children and youth 1997 (42 U.S.C. 14503) is amended— to meet during the session of the Sen- who are neglected, delinquent, (1) in subsection (a)(4)— or at-risk. (A) by redesignating subparagraphs (A) and ate on July 21, 2015, at 10 a.m., in room SD–226 of the Dirksen Senate Office Sec. 1015. General provisions. (B) as clauses (i) and (ii), respectively; Sec. 1016. Report on subgroup sample size. (B) by striking ‘‘the harm’’ and inserting Building, to conduct a hearing entitled Sec. 1017. Report on implementation of edu- ‘‘(A) except in the case of subparagraph (B), ‘‘Oversight of the Administration’s cational stability of children in the harm’’; Misdirected Immigration Enforcement foster care. (C) in subparagraph (A)(ii), as redesignated Policies: Examining the Impact on Sec. 1018. Student privacy policy com- by this paragraph, by striking the period at Public Safety and Honoring the Vic- mittee. the end and inserting ‘‘; and’’; and tims.’’ Sec. 1019. Report on student home access to (D) by adding at the end the following: The PRESIDING OFFICER. Without digital learning resources. ‘‘(B) the volunteer— TITLE II—HIGH-QUALITY TEACHERS, ‘‘(i) was operating an aircraft in further- objection, it is so ordered. PRINCIPALS, AND OTHER SCHOOL ance of the purpose of a volunteer pilot non- SELECT COMMITTEE ON INTELLIGENCE LEADERS profit organization that flies for public ben- Mr. MCCONNELL. Mr. President, I efit; and ask unanimous consent that the Select Sec. 2001. Transfer of certain provisions. ‘‘(ii) was properly licensed and insured for Committee on Intelligence be author- Sec. 2002. Preparing, training, and recruit- the operation of such aircraft.’’; and ized to meet during the session of the ing high-quality teachers, prin- cipals, and other school leaders. (2) in subsection (c)— Senate on July 21, 2015, at 2:30 p.m. (A) by striking ‘‘Nothing in this section’’ Sec. 2003. American history and civics edu- The PRESIDING OFFICER. Without cation. and inserting the following: objection, it is so ordered. ‘‘(1) IN GENERAL.—Except as provided in Sec. 2004. Literacy education. paragraph (2), nothing in this section’’; and f Sec. 2005. Improving science, technology, en- gineering, and mathematics in- (B) by adding at the end the following: PRIVILEGES OF THE FLOOR ‘‘(2) EXCEPTION.—A volunteer pilot non- struction and student achieve- profit organization that flies for public ben- Mr. INHOFE. Mr. President, I ask ment. efit, the staff, mission coordinators, officers, unanimous consent that Chaya Sec. 2006. General provisions. and directors (whether volunteer or other- Koffman, who is a detailee in the Envi- TITLE III—LANGUAGE INSTRUCTION FOR wise) of that nonprofit organization, and a ronment and Public Works Committee ENGLISH LEARNERS AND IMMIGRANT referring agency of that nonprofit organiza- from the U.S. Department of Transpor- STUDENTS tion shall not be liable for harm caused to tation, have floor privileges for the du- Sec. 3001. General provisions. any person by a volunteer of the nonprofit ration of the consideration of H.R. 22, Sec. 3002. Authorization of appropriations. organization while the volunteer— Sec. 3003. English language acquisition, lan- ‘‘(A) is operating an aircraft in furtherance the underlying vehicle for the highway bill. guage enhancement, and aca- of the purpose of the nonprofit organization; demic achievement. ‘‘(B) is properly licensed for the operation The PRESIDING OFFICER. Without Sec. 3004. Other provisions. of the aircraft; and objection, it is so ordered. Sec. 3005. American community survey re- ‘‘(C) has certified to the nonprofit organi- f search. zation that the volunteer has insurance cov- TITLE IV—SAFE AND HEALTHY ering the volunteer’s operation of the air- EVERY CHILD ACHIEVES ACT OF STUDENTS craft.’’. 2015 Sec. 4001. General provisions. f On Thursday, July 16, 2015, the Sen- Sec. 4002. Grants to States and local edu- ate passed S. 1177, as amended, as fol- cational agencies. AUTHORITY FOR COMMITTEES TO lows: Sec. 4003. 21st century community learning MEET S. 1177 centers. Sec. 4004. Elementary school and secondary COMMITTEE ON ARMED SERVICES Be it enacted by the Senate and House of Rep- school counseling programs. Mr. MCCONNELL. Mr. President, I resentatives of the United States of America in Congress assembled, Sec. 4005. Physical education program. ask unanimous consent that the Com- Sec. 4006. Family Engagement in Education SECTION 1. SHORT TITLE. mittee on Armed Services be author- This Act may be cited as the ‘‘Every Child Programs. ized to meet during the session of the Achieves Act of 2015’’. TITLE V—EMPOWERING PARENTS AND Senate on July 21, 2015, at 9:30 a.m. SEC. 2. TABLE OF CONTENTS. EXPANDING OPPORTUNITY THROUGH The PRESIDING OFFICER. Without The table of contents for this Act is as fol- INNOVATION objection, it is so ordered. lows: Sec. 5001. General provisions.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0655 E:\CR\FM\A21JY6.031 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5327 Sec. 5002. Public charter schools. Sec. 9114. Consultation with Indian tribes ‘‘Sec. 1002. Authorization of appropriations. Sec. 5003. Magnet schools assistance. and tribal organizations. ‘‘Sec. 1003. State administration. Sec. 5004. Supporting high-ability learners Sec. 9114A. Application for competitive ‘‘PART A—IMPROVING BASIC PROGRAMS and learning. grants from the Bureau of In- OPERATED BY LOCAL EDUCATIONAL AGENCIES Sec. 5005. Education innovation and re- dian Education. ‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS search. Sec. 9115. Outreach and technical assistance Sec. 5006. Accelerated learning. for rural local educational ‘‘Sec. 1111. State plans. Sec. 5007. Ready-to-Learn Television. agencies. ‘‘Sec. 1112. Local educational agency plans. Sec. 5008. Innovative technology expands Sec. 9115A. Consultation with the Governor. ‘‘Sec. 1113. Eligible school attendance areas; children’s horizons (I–TECH). Sec. 9115B. Local governance. schoolwide programs; targeted Sec. 5009. Literacy and arts education. Sec. 9115C. Rule of construction regarding assistance programs. Sec. 5010. Early learning alignment and im- travel to and from school. ‘‘Sec. 1114. School identification, interven- provement grants. Sec. 9116. Evaluations. tions, and supports. Sec. 5011. Full-service community schools. Sec. 9117. Prohibition on aiding and abetting ‘‘Sec. 1115. Parent and family engagement. Sec. 5012. Promise neighborhoods. sexual abuse. ‘‘Sec. 1116. Participation of children en- TITLE VI—INNOVATION AND TITLE X—EDUCATION FOR HOMELESS rolled in private schools. FLEXIBILITY CHILDREN AND YOUTHS; OTHER LAWS; ‘‘Sec. 1117. Fiscal requirements. Sec. 6001. Purposes. MISCELLANEOUS ‘‘Sec. 1118. Coordination requirements. Sec. 6002. Improving academic achievement. PART A—EDUCATION FOR HOMELESS ‘‘SUBPART 2—ALLOCATIONS Sec. 6003. Rural education initiative. CHILDREN AND YOUTH ‘‘Sec. 1121. Grants for the outlying areas and Sec. 6004. General provisions. Sec. 10101. Statement of policy. the Secretary of the Interior. Sec. 6005. Review relating to rural local edu- Sec. 10102. Grants for State and local activi- ‘‘Sec. 1122. Allocations to States. cational agencies. ties. ‘‘Sec. 1123. Equity grants. TITLE VII—INDIAN, NATIVE HAWAIIAN, Sec. 10103. Local educational agency sub- ‘‘Sec. 1124. Basic grants to local educational AND ALASKA NATIVE EDUCATION grants. agencies. Sec. 7001. Indian education. Sec. 10104. Secretarial responsibilities. ‘‘Sec. 1124A. Concentration grants to local Sec. 7002. Native Hawaiian education. Sec. 10105. Definitions. educational agencies. Sec. 7003. Alaska Native education. Sec. 10106. Authorization of appropriations. ‘‘Sec. 1125. Targeted grants to local edu- Sec. 7004. Native American language immer- PART B—OTHER LAWS; MISCELLANEOUS cational agencies. sion schools and programs. Sec. 10201. Use of term ‘‘highly qualified’’ in ‘‘Sec. 1125AA. Adequacy of funding of tar- Sec. 7005. Improving Indian student data other laws. geted grants to local edu- collection, reporting, and anal- Sec. 10202. Department staff. cational agencies in fiscal years ysis. Sec. 10203. Report on Department actions to after fiscal year 2001. Sec. 7006. Report on elementary and sec- address Office of the Inspector ‘‘Sec. 1125A. Education finance incentive ondary education in rural or General charter school reports. grant program. poverty areas of Indian coun- Sec. 10204. Comptroller General study on in- ‘‘Sec. 1126. Special allocation procedures. try. creasing effectiveness of exist- ‘‘Sec. 1127. Carryover and waiver. Sec. 7007. Report on responses to Indian stu- ing services and programs in- ‘‘PART B—ACADEMIC ASSESSMENTS dent suicides. tended to benefit children. ‘‘Sec. 1201. Grants for State assessments and TITLE VIII—IMPACT AID Sec. 10205. Posthumous pardon. related activities. Sec. 8001. Purpose. Sec. 10206. Education Flexibility Partner- ‘‘Sec. 1202. Grants for enhanced assessment Sec. 8002. Amendment to Impact Aid Im- ship Act of 1999 reauthoriza- instruments. provement Act of 2012. tion. ‘‘Sec. 1203. Audits of assessment systems. Sec. 8003. Payments relating to Federal ac- PART C—AMERICAN DREAM ACCOUNTS ‘‘Sec. 1204. Funding. quisition of real property. Sec. 10301. Short title. ‘‘Sec. 1205. Innovative assessment and ac- Sec. 8004. Payments for eligible federally Sec. 10302. Definitions. countability demonstration au- connected children. Sec. 10303. Grant program. thority. Sec. 8005. Policies and procedures relating Sec. 10304. Applications; priority. ‘‘PART C—EDUCATION OF MIGRATORY to children residing on Indian Sec. 10305. Authorized activities. CHILDREN lands. Sec. 10306. Reports and evaluations. ‘‘Sec. 1301. Program purpose. Sec. 8006. Application for payments under Sec. 10307. Eligibility to receive Federal stu- ‘‘Sec. 1302. Program authorized. sections 8002 and 8003. dent financial aid. ‘‘Sec. 1303. State allocations. Sec. 8007. Construction. Sec. 10308. Authorization of appropriations. Sec. 8008. Facilities. Sec. 10309. Report on the reduction of the ‘‘Sec. 1304. State applications; services. ‘‘Sec. 1305. Secretarial approval; peer re- Sec. 8009. State consideration of payments number and percentage of stu- view. in providing State aid. dents who drop out of school. Sec. 8010. Definitions. Sec. 10310. Report on Native American lan- ‘‘Sec. 1306. Comprehensive needs assessment Sec. 8011. Authorization of appropriations. guage medium education. and service-delivery plan; au- thorized activities. TITLE IX—GENERAL PROVISIONS SEC. 3. REFERENCES. ‘‘Sec. 1307. Bypass. Sec. 9101. Definitions. Except as otherwise expressly provided, ‘‘Sec. 1308. Coordination of migrant edu- Sec. 9102. Applicability to Bureau of Indian whenever in this Act an amendment or re- cation activities. Education operated schools. peal is expressed in terms of an amendment ‘‘Sec. 1309. Definitions. Sec. 9102A. Consolidation of State adminis- to, or repeal of, a section or other provision, ‘‘PART D—PREVENTION AND INTERVENTION trative funds for elementary the reference shall be considered to be made PROGRAMS FOR CHILDREN AND YOUTH WHO and secondary education pro- to a section or other provision of the Ele- ARE NEGLECTED, DELINQUENT, OR AT-RISK grams. mentary and Secondary Education Act of Sec. 9102B. Consolidation of funds for local 1965 (20 U.S.C. 6301 et seq.). ‘‘Sec. 1401. Purpose and program authoriza- administration. SEC. 4. STATEMENT OF PURPOSE. tion. Sec. 9103. Consolidation of funds for local The purpose of this Act is to enable States ‘‘Sec. 1402. Payments for programs under administration. and local communities to improve and sup- this part. Sec. 9104. Rural consolidated plan. port our Nation’s public schools and ensure ‘‘SUBPART 1—STATE AGENCY PROGRAMS Sec. 9105. Waivers of statutory and regu- that every child has an opportunity to ‘‘Sec. 1411. Eligibility. latory requirements. achieve. ‘‘Sec. 1412. Allocation of funds. Sec. 9106. Plan approval process. SEC. 5. TABLE OF CONTENTS OF THE ELEMEN- ‘‘Sec. 1413. State reallocation of funds. Sec. 9107. Participation by private school TARY AND SECONDARY EDUCATION ‘‘Sec. 1414. State plan and State agency ap- children and teachers. ACT OF 1965. plications. Sec. 9108. Maintenance of effort. Section 2 is amended to read as follows: ‘‘Sec. 1415. Use of funds. Sec. 9109. School prayer. ‘‘SEC. 2. TABLE OF CONTENTS. ‘‘Sec. 1416. Institution-wide projects. Sec. 9110. Prohibitions on Federal Govern- ‘‘The table of contents for this Act is as ‘‘Sec. 1417. Three-year programs or projects. ment and use of Federal funds. follows: ‘‘Sec. 1418. Transition services. Sec. 9111. Armed forces recruiter access to ‘‘Sec. 1419. Evaluation; technical assistance; students and student recruiting ‘‘Sec. 1. Short title. ‘‘Sec. 2. Table of contents. annual model program. information. ‘‘Sec. 4. Education flexibility program. Sec. 9112. Prohibition on federally sponsored ‘‘SUBPART 2—LOCAL AGENCY PROGRAMS testing. ‘‘TITLE I—IMPROVING THE ACADEMIC ‘‘Sec. 1421. Purpose. Sec. 9113. Limitations on national testing or ACHIEVEMENT OF THE DISADVANTAGED ‘‘Sec. 1422. Programs operated by local edu- certification for teachers. ‘‘Sec. 1001. Statement of purpose. cational agencies.

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‘‘Sec. 1423. Local educational agency appli- ‘‘PART A—ENGLISH LANGUAGE ACQUISITION, ‘‘Sec. 5102. Program authorized. cations. LANGUAGE ENHANCEMENT, AND ACADEMIC ‘‘Sec. 5103. Grants to support high-quality ‘‘Sec. 1424. Uses of funds. ACHIEVEMENT ACT charter schools. ‘‘Sec. 1425. Program requirements for cor- ‘‘Sec. 3101. Short title. ‘‘Sec. 5104. Facilities financing assistance. rectional facilities receiving ‘‘Sec. 3102. Purposes. ‘‘Sec. 5105. National activities. funds under this section. ‘‘Sec. 5106. Federal formula allocation dur- ‘‘SUBPART 1—GRANTS AND SUBGRANTS FOR ‘‘Sec. 1426. Accountability. ing first year and for successive ENGLISH LANGUAGE ACQUISITION AND LAN- enrollment expansions. ‘‘SUBPART 3—GENERAL PROVISIONS GUAGE ENHANCEMENT ‘‘Sec. 5107. Solicitation of input from char- ‘‘Sec. 1431. Program evaluations. ‘‘Sec. 3111. Formula grants to States. ‘‘Sec. 1432. Definitions. ter school operators. ‘‘Sec. 3112. Native American and Alaska Na- ‘‘Sec. 5108. Records transfer. ‘‘PART E—GENERAL PROVISIONS tive children in school. ‘‘Sec. 5109. Paperwork reduction. ‘‘Sec. 3113. State and specially qualified ‘‘Sec. 1501. Federal regulations. ‘‘Sec. 5110. Definitions. agency plans. ‘‘Sec. 1502. Agreements and records. ‘‘Sec. 5111. Authorization of appropriations. ‘‘Sec. 1503. State administration. ‘‘Sec. 3114. Within-State allocations. ‘‘PART B—MAGNET SCHOOLS ASSISTANCE ‘‘Sec. 1504. Prohibition against Federal man- ‘‘Sec. 3115. Subgrants to eligible entities. dates, direction, or control. ‘‘Sec. 3116. Local plans. ‘‘Sec. 5201. Findings and purpose. ‘‘Sec. 1505. Rule of construction on equalized ‘‘SUBPART 2—ACCOUNTABILITY AND ‘‘Sec. 5202. Definition. spending. ADMINISTRATION ‘‘Sec. 5203. Program authorized. ‘‘TITLE II—PREPARING, TRAINING, AND ‘‘Sec. 3121. Reporting. ‘‘Sec. 5204. Eligibility. ‘‘Sec. 5205. Applications and requirements. RECRUITING HIGH-QUALITY TEACH- ‘‘Sec. 3122. Reporting requirements. ‘‘Sec. 5206. Priority. ERS, PRINCIPALS, AND OTHER SCHOOL ‘‘Sec. 3123. Coordination with related pro- ‘‘Sec. 5207. Use of funds. LEADERS grams. ‘‘Sec. 5208. Limitations. ‘‘Sec. 2001. Purpose. ‘‘Sec. 3124. Rules of construction. ‘‘Sec. 3125. Legal authority under State law. ‘‘Sec. 5209. Authorization of appropriations; ‘‘Sec. 2002. Definitions. ‘‘Sec. 3126. Civil rights. reservation. ‘‘Sec. 2003. Authorization of appropriations. ‘‘Sec. 3127. Programs for Native Americans ‘‘PART C—SUPPORTING HIGH-ABILITY ‘‘PART A—FUND FOR THE IMPROVEMENT OF and Puerto Rico. LEARNERS AND LEARNING TEACHING AND LEARNING ‘‘Sec. 3128. Prohibition. ‘‘Sec. 5301. Short title. ‘‘Sec. 2101. Formula grants to States. ‘‘SUBPART 3—NATIONAL ACTIVITIES ‘‘Sec. 5302. Purpose. ‘‘Sec. 2102. Subgrants to local educational ‘‘Sec. 3131. National professional develop- ‘‘Sec. 5303. Rule of construction. agencies. ment project. ‘‘Sec. 5304. Authorized programs. ‘‘Sec. 2103. Local use of funds. ‘‘Sec. 5305. Program priorities. ‘‘Sec. 2104. Reporting. ‘‘PART B—GENERAL PROVISIONS ‘‘Sec. 5306. General provisions. ‘‘Sec. 2105. National activities of dem- ‘‘Sec. 3201. Definitions. ‘‘Sec. 5307. Authorization of appropriations. onstrated effectiveness. ‘‘Sec. 3202. National clearinghouse. ‘‘Sec. 2106. Supplement, not supplant. ‘‘Sec. 3203. Regulations. ‘‘PART D—EDUCATION INNOVATION AND RESEARCH ‘‘PART B—TEACHER AND SCHOOL LEADER ‘‘TITLE IV—SAFE AND HEALTHY INCENTIVE PROGRAM STUDENTS ‘‘Sec. 5401. Grants for education innovation and research. ‘‘Sec. 2201. Purposes; definitions. ‘‘PART A—GRANTS TO STATES AND LOCAL ‘‘Sec. 2202. Teacher and school leader incen- EDUCATIONAL AGENCIES ‘‘PART E—ACCELERATED LEARNING tive fund grants. ‘‘Sec. 4101. Purpose. ‘‘Sec. 5501. Short title. ‘‘Sec. 2203. Reports. ‘‘Sec. 4102. Definitions. ‘‘Sec. 5502. Purposes. ‘‘PART C—AMERICAN HISTORY AND CIVICS ‘‘Sec. 4103. Formula grants to States. ‘‘Sec. 5503. Funding distribution rule. EDUCATION ‘‘Sec. 4104. Subgrants to local educational ‘‘Sec. 5504. Accelerated learning examina- ‘‘Sec. 2301. Program authorized. agencies. tion fee program. ‘‘Sec. 2302. Teaching of traditional Amer- ‘‘Sec. 4105. Local educational agency author- ‘‘Sec. 5505. Accelerated learning incentive ican history. ized activities. program grants. ‘‘Sec. 2303. Presidential and congressional ‘‘Sec. 4106. Supplement, not supplant. ‘‘Sec. 5506. Supplement, not supplant. academies for American history ‘‘Sec. 4107. Prohibitions. ‘‘Sec. 5507. Definitions. and civics. ‘‘Sec. 4108. Authorization of appropriations. ‘‘Sec. 5508. Authorization of appropriations. ‘‘Sec. 2304. National activities. ‘‘PART B—21ST CENTURY COMMUNITY ‘‘PART F—READY-TO-LEARN TELEVISION ‘‘Sec. 2305. Authorization of appropriations. LEARNING CENTERS ‘‘Sec. 5601. Ready-To-Learn. ‘‘PART D—LITERACY EDUCATION FOR ALL, ‘‘Sec. 4201. Purpose; definitions. ‘‘PART G—INNOVATIVE TECHNOLOGY EXPANDS RESULTS FOR THE NATION ‘‘Sec. 4202. Allotments to States. CHILDREN’S HORIZONS (I–TECH) ‘‘Sec. 4203. State application. ‘‘Sec. 2401. Purposes; definitions. ‘‘Sec. 5701. Purposes. ‘‘Sec. 2402. Comprehensive literacy State de- ‘‘Sec. 4204. Local competitive subgrant pro- gram. ‘‘Sec. 5702. Definitions. velopment grants. ‘‘Sec. 5702A. Restriction. ‘‘Sec. 2403. Subgrants to eligible entities in ‘‘Sec. 4205. Local activities. ‘‘Sec. 4206. Authorization of appropriations. ‘‘Sec. 5703. Technology grants program au- support of birth through kin- thorized. ‘‘PART C—ELEMENTARY SCHOOL AND dergarten entry literacy. ‘‘Sec. 5704. State applications. SECONDARY SCHOOL COUNSELING PROGRAMS ‘‘Sec. 2404. Subgrants to eligible entities in ‘‘Sec. 5705. State use of grant funds. support of kindergarten ‘‘Sec. 4301. Elementary school and secondary ‘‘Sec. 5706. Local subgrants. through grade 12 literacy. school counseling programs. ‘‘Sec. 5707. Reporting. ‘‘Sec. 2405. National evaluation and informa- ‘‘PART D—PHYSICAL EDUCATION PROGRAM ‘‘Sec. 5708. Authorization. tion dissemination. ‘‘Sec. 4401. Purpose. ‘‘PART H—LITERACY AND ARTS EDUCATION ‘‘Sec. 2406. Supplement, not supplant. ‘‘Sec. 4402. Program authorized. ‘‘Sec. 5801. Literacy and arts education. ‘‘PART E—IMPROVING SCIENCE, TECHNOLOGY, ‘‘Sec. 4403. Applications. ENGINEERING, AND MATHEMATICS INSTRUC- ‘‘Sec. 4404. Requirements. ‘‘PART I—EARLY LEARNING ALIGNMENT AND TION AND STUDENT ACHIEVEMENT. ‘‘Sec. 4405. Administrative provisions. IMPROVEMENT GRANTS ‘‘Sec. 2501. Purpose. ‘‘Sec. 4406. Supplement, not supplant. ‘‘Sec. 5901. Purposes; definitions. ‘‘Sec. 2502. Definitions. ‘‘Sec. 4407. Authorization of appropriations. ‘‘Sec. 5902. Early learning alignment and im- ‘‘Sec. 2503. Grants; allotments. ‘‘PART E—FAMILY ENGAGEMENT IN provement grants. ‘‘Sec. 2504. Applications. EDUCATION PROGRAMS ‘‘Sec. 5903. Authorization of appropriations. ‘‘Sec. 2505. Authorized activities. ‘‘Sec. 4501. Purposes. ‘‘PART J—INNOVATION SCHOOLS ‘‘Sec. 2506. Performance metrics; report; ‘‘Sec. 4502. Grants authorized. DEMONSTRATION AUTHORITY evaluation. ‘‘Sec. 4503. Applications. ‘‘Sec. 5910. Innovation schools. ‘‘Sec. 2507. Supplement, not supplant. ‘‘Sec. 4504. Uses of funds. ‘‘Sec. 2508. Report on cybersecurity edu- ‘‘PART K—FULL-SERVICE COMMUNITY ‘‘Sec. 4505. Family engagement in Indian SCHOOLS cation. schools. ‘‘PART F—GENERAL PROVISIONS ‘‘Sec. 4506. Authorization of appropriations. ‘‘Sec. 5911. Short title. ‘‘Sec. 5912. Purposes. ‘‘Sec. 2601. Rules of construction. ‘‘TITLE V—EMPOWERING PARENTS AND ‘‘Sec. 5913. Definition of full-service commu- ‘‘TITLE III—LANGUAGE INSTRUCTION EXPANDING OPPORTUNITY THROUGH nity school. FOR ENGLISH LEARNERS AND IMMI- INNOVATION ‘‘Sec. 5914. Local programs. GRANT STUDENTS ‘‘PART A—PUBLIC CHARTER SCHOOLS ‘‘Sec. 5915. State programs. ‘‘Sec. 3001. Authorization of appropriations. ‘‘Sec. 5101. Purpose. ‘‘Sec. 5916. Advisory committee.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00150 Fmt 0624 Sfmt 0655 E:\CR\FM\A21JY6.034 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5329 ‘‘Sec. 5917. General provisions. ‘‘Sec. 7122. Professional development for ‘‘Sec. 9302. Optional consolidated State ‘‘Sec. 5918. Authorization of appropriations. teachers and education profes- plans or applications. ‘‘PART L—PROMISE NEIGHBORHOODS sionals. ‘‘Sec. 9303. Consolidated reporting. ‘‘Sec. 5910. Short title. ‘‘SUBPART 3—NATIONAL ACTIVITIES ‘‘Sec. 9304. General applicability of State ‘‘Sec. 5911. Purpose. ‘‘Sec. 7131. National research activities. educational agency assurances. ‘‘Sec. 5912. Pipeline services defined. ‘‘Sec. 7135. Grants to tribes for education ad- ‘‘Sec. 9305. Consolidated local plans or appli- ‘‘Sec. 5913. Program authorized. ministrative planning, develop- cations. ‘‘Sec. 5914. Eligible entities. ment, and coordination. ‘‘Sec. 9306. Other general assurances. ‘‘Sec. 5915. Application requirements. ‘‘SUBPART 4—FEDERAL ADMINISTRATION ‘‘PART D—WAIVERS ‘‘Sec. 5916. Use of funds. ‘‘Sec. 7141. National Advisory Council on In- ‘‘Sec. 9401. Waivers of statutory and regu- ‘‘Sec. 5917. Report and publicly available dian Education. latory requirements. data. ‘‘Sec. 7142. Peer review. ‘‘PART E—APPROVAL AND DISAPPROVAL OF ‘‘Sec. 5918. Performance accountability and ‘‘Sec. 7143. Preference for Indian applicants. STATE PLANS AND LOCAL APPLICATIONS evaluation. ‘‘Sec. 7144. Minimum grant criteria. ‘‘Sec. 5919. National activities. ‘‘Sec. 9451. Approval and disapproval of ‘‘Sec. 5920. Authorization of appropriations. ‘‘SUBPART 5—DEFINITIONS; AUTHORIZATIONS OF State plans. APPROPRIATIONS ‘‘TITLE VI—FLEXIBILITY AND ‘‘Sec. 9452. Approval and disapproval of local ACCOUNTABILITY ‘‘Sec. 7151. Definitions. educational agency applica- ‘‘Sec. 7152. Authorizations of appropriations. tions. ‘‘Sec. 6001. Purposes. ‘‘PART B—NATIVE HAWAIIAN EDUCATION ‘‘PART F—UNIFORM PROVISIONS ‘‘PART A—IMPROVING ACADEMIC ACHIEVEMENT ‘‘Sec. 7201. Short title. ‘‘SUBPART 1—PRIVATE SCHOOLS ‘‘Sec. 7202. Findings. ‘‘Sec. 9501. Participation by private school ‘‘SUBPART 1—FUNDING TRANSFERABILITY FOR ‘‘Sec. 7203. Purposes. STATE AND LOCAL EDUCATIONAL AGENCIES children and teachers. ‘‘Sec. 7204. Native Hawaiian Education ‘‘Sec. 9502. Standards for by-pass. ‘‘Sec. 6111. Short title. Council. ‘‘Sec. 9503. Complaint process for participa- ‘‘Sec. 6112. Purpose. ‘‘Sec. 7205. Program authorized. tion of private school children. ‘‘Sec. 6113. Transferability of funds. ‘‘Sec. 7206. Administrative provisions. ‘‘Sec. 9504. By-pass determination process. ‘‘Sec. 7207. Definitions. ‘‘SUBPART 2—WEIGHTED STUDENT FUNDING ‘‘Sec. 9505. Prohibition against funds for re- FLEXIBILITY PILOT PROGRAM ‘‘PART C—ALASKA NATIVE EDUCATION ligious worship or instruction. ‘‘Sec. 6121. Weighted student funding flexi- ‘‘Sec. 7301. Short title. ‘‘Sec. 9506. Private, religious, and home bility pilot program. ‘‘Sec. 7302. Findings. schools. ‘‘PART B—RURAL EDUCATION INITIATIVE ‘‘Sec. 7303. Purposes. ‘‘SUBPART 2—OTHER PROVISIONS ‘‘Sec. 7304. Program authorized. ‘‘Sec. 6201. Short title. ‘‘Sec. 7305. Funds for administrative pur- ‘‘Sec. 9521. Maintenance of effort. ‘‘Sec. 6202. Purpose. poses. ‘‘Sec. 9522. Prohibition regarding State aid. ‘‘SUBPART 1—SMALL, RURAL SCHOOL ‘‘Sec. 7306. Definitions. ‘‘Sec. 9523. Privacy of assessment results. ACHIEVEMENT PROGRAM ‘‘Sec. 9524. School prayer. ‘‘PART D—NATIVE AMERICAN AND ALASKA ‘‘Sec. 9525. Equal access to public school fa- ‘‘Sec. 6211. Use of applicable funding. NATIVE LANGUAGE IMMERSION SCHOOLS AND cilities. ‘‘Sec. 6212. Grant program authorized. PROGRAMS ‘‘Sec. 9526. General prohibitions. ‘‘Sec. 6213. Academic achievement assess- ‘‘Sec. 7401. Native American and Alaska Na- ments. ‘‘Sec. 9527. Prohibitions on Federal Govern- tive language immersion ment and use of Federal funds. ‘‘SUBPART 2—RURAL AND LOW-INCOME SCHOOL schools and programs. ‘‘Sec. 9528. Armed Forces recruiter access to PROGRAM ‘‘TITLE VIII—IMPACT AID students and student recruiting ‘‘Sec. 6221. Program authorized. ‘‘Sec. 8001. Purpose. information. ‘‘Sec. 6222. Uses of funds. ‘‘Sec. 8002. Payments relating to Federal ac- ‘‘Sec. 9529. Prohibition on federally spon- ‘‘Sec. 6223. Applications. quisition of real property. sored testing. ‘‘Sec. 6224. Accountability. ‘‘Sec. 8003. Payments for eligible federally ‘‘Sec. 9530. Limitations on national testing ‘‘Sec. 6225. Choice of participation. connected children. or certification for teachers. ‘‘SUBPART 3—GENERAL PROVISIONS ‘‘Sec. 8004. Policies and procedures relating ‘‘Sec. 9531. Prohibition on nationwide data- ‘‘Sec. 6231. Annual average daily attendance to children residing on Indian base. determination. lands. ‘‘Sec. 9532. Unsafe school choice option. ‘‘Sec. 6232. Supplement, not supplant. ‘‘Sec. 8005. Application for payments under ‘‘Sec. 9533. Prohibition on discrimination. ‘‘Sec. 6233. Rule of construction. sections 8002 and 8003. ‘‘Sec. 9534. Civil rights. ‘‘Sec. 6234. Authorization of appropriations. ‘‘Sec. 8007. Construction. ‘‘Sec. 9535. Rulemaking. ‘‘PART C—GENERAL PROVISIONS ‘‘Sec. 8008. Facilities. ‘‘Sec. 9536. Severability. ‘‘Sec. 8009. State consideration of payments ‘‘Sec. 9537. Transfer of school disciplinary ‘‘Sec. 6301. Prohibition against Federal man- in providing State aid. records. dates, direction, or control. ‘‘Sec. 8010. Federal administration. ‘‘Sec. 9538. Consultation with Indian tribes ‘‘Sec. 6302. Rule of construction on equalized ‘‘Sec. 8011. Administrative hearings and ju- and tribal organizations. spending. dicial review. ‘‘Sec. 9539. Prohibition on aiding and abet- ‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN, ‘‘Sec. 8012. Forgiveness of overpayments. ting sexual abuse. AND ALASKA NATIVE EDUCATION ‘‘Sec. 8013. Definitions. ‘‘Sec. 9539A. Application for competitive ‘‘PART A—INDIAN EDUCATION ‘‘Sec. 8014. Authorization of appropriations. grants from the Bureau of In- ‘‘Sec. 7101. Statement of policy. ‘‘TITLE IX—GENERAL PROVISIONS dian Education. ‘‘Sec. 7102. Purpose. ‘‘PART A—DEFINITIONS ‘‘Sec. 9539B. Outreach and technical assist- ance for rural local educational ‘‘SUBPART 1—FORMULA GRANTS TO LOCAL ‘‘Sec. 9101. Definitions. agencies. EDUCATIONAL AGENCIES ‘‘Sec. 9102. Applicability of title. ‘‘Sec. 9539C. Rule of construction regarding ‘‘Sec. 7111. Purpose. ‘‘Sec. 9103. Applicability to Bureau of Indian Education operated schools. travel to and from school. ‘‘Sec. 7112. Grants to local educational agen- ‘‘Sec. 9540. Consultation with the Governor. ‘‘PART B—FLEXIBILITY IN THE USE OF cies and tribes. ‘‘Sec. 9540A. Local governance. ‘‘Sec. 7113. Amount of grants. ADMINISTRATIVE AND OTHER FUNDS ‘‘Sec. 7114. Applications. ‘‘Sec. 9201. Consolidation of State adminis- ‘‘SUBPART 3—TEACHER LIABILITY PROTECTION ‘‘Sec. 7115. Authorized services and activi- trative funds for elementary ‘‘Sec. 9541. Short title. ties. and secondary education pro- ‘‘Sec. 9542. Purpose. ‘‘Sec. 7116. Integration of services author- grams. ‘‘Sec. 9543. Definitions. ized. ‘‘Sec. 9202. Single local educational agency ‘‘Sec. 9544. Applicability. ‘‘Sec. 7117. Student eligibility forms. States. ‘‘Sec. 9545. Preemption and election of State ‘‘Sec. 7118. Payments. ‘‘Sec. 9203. Consolidation of funds for local nonapplicability. ‘‘Sec. 7119. State educational agency review. administration. ‘‘Sec. 9546. Limitation on liability for teach- ‘‘SUBPART 2—SPECIAL PROGRAMS AND ‘‘Sec. 9204. Consolidated set-aside for De- ers. PROJECTS TO IMPROVE EDUCATIONAL OPPOR- partment of the Interior funds. ‘‘Sec. 9547. Allocation of responsibility for TUNITIES FOR INDIAN CHILDREN ‘‘PART C—COORDINATION OF PROGRAMS; CON- noneconomic loss. ‘‘Sec. 9548. Effective date. ‘‘Sec. 7121. Improvement of educational op- SOLIDATED STATE AND LOCAL PLANS AND portunities for Indian children APPLICATIONS ‘‘SUBPART 4—INTERNET SAFETY and youth. ‘‘Sec. 9301. Purpose. ‘‘Sec. 9551. Internet safety.

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‘‘SUBPART 5—GUN POSSESSION rectly to local educational agencies for ac- Start Act, the Child Care and Development ‘‘Sec. 9561. Gun-free requirements. tivities required under section 1114; or Block Grant Act of 1990, the Education ‘‘(B) may, with the approval of the local ‘‘SUBPART 6—ENVIRONMENTAL TOBACCO SMOKE Sciences Reform Act of 2002, the Education educational agency, directly provide for such Technical Assistance Act, the National As- ‘‘Sec. 9571. Short title. activities or arrange for their provision sessment of Educational Progress Authoriza- ‘‘Sec. 9572. Definitions. ‘‘Sec. 9573. Nonsmoking policy for children’s through other entities such as school support tion Act, the McKinney-Vento Homeless As- services. teams, educational service agencies, or other sistance Act, and the Adult Education and ‘‘Sec. 9574. Preemption. nonprofit or for-profit organizations that use Family Literacy Act; and evidence-based strategies to improve student ‘‘(B) describes how the State will imple- ‘‘PART G—EVALUATIONS achievement, teaching, and schools. ment evidence-based strategies for improv- ‘‘Sec. 9601. Evaluations.’’. ‘‘(3) PRIORITY.—The State educational ing student achievement under this title and TITLE I—IMPROVING BASIC PROGRAMS agency, in allocating funds to local edu- disseminate that information to local edu- OPERATED BY STATE AND LOCAL EDU- cational agencies under this subsection, cational agencies. CATIONAL AGENCIES shall give priority to local educational agen- ‘‘(2) CONSOLIDATED PLAN.—A State plan SEC. 1001. STATEMENT OF PURPOSE. cies that— submitted under paragraph (1) may be sub- Section 1001 (20 U.S.C. 6301) is amended to ‘‘(A) serve the lowest-performing elemen- mitted as part of a consolidated plan under read as follows: tary schools and secondary schools, as iden- section 9302. ‘‘SEC. 1001. STATEMENT OF PURPOSE. tified by the State under section 1114; ‘‘(3) PEER REVIEW AND SECRETARIAL AP- ‘‘The purpose of this title is to ensure that ‘‘(B) demonstrate the greatest need for PROVAL.— all children have a fair, equitable, and sig- such funds, as determined by the State; and ‘‘(A) IN GENERAL.—The Secretary shall— nificant opportunity to receive a high-qual- ‘‘(C) demonstrate the strongest commit- ‘‘(i) establish a peer-review process to as- ity education that prepares them for postsec- ment to using evidence-based interventions sist in the review of State plans; ondary education or the workforce, without to enable the lowest-performing schools to ‘‘(ii) establish multidisciplinary peer-re- the need for postsecondary remediation, and improve student achievement and student view teams and appoint members of such to close educational achievement gaps.’’. outcomes. teams that— ‘‘(4) UNUSED FUNDS.—If, after consultation SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. ‘‘(I) are representative of teachers, prin- with local educational agencies in the State, Section 1002 (20 U.S.C. 6302) is amended to cipals, other school leaders, specialized in- the State educational agency determines read as follows: structional support personnel, State edu- that the amount of funds reserved to carry cational agencies, local educational agen- ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIA- out this subsection for a fiscal year is great- TIONS. cies, and individuals and researchers with er than the amount needed to provide the as- ‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.— practical experience in implementing aca- sistance described in this subsection, the For the purpose of carrying out part A, there demic standards, assessments, or account- State educational agency shall allocate the are authorized to be appropriated such sums ability systems, and meeting the needs of excess amount to local educational agencies as may be necessary for each of fiscal years disadvantaged students, children with dis- in accordance with— 2016 through 2021. abilities, students who are English learners, ‘‘(A) the relative allocations the State edu- ‘‘(b) STATE ASSESSMENTS.—For the purpose the needs of low-performing schools, and cational agency made to those agencies for of carrying out part B, there are authorized other educational needs of students; that fiscal year under subpart 2 of part A; or to be appropriated such sums as may be nec- ‘‘(II) include a balanced representation of ‘‘(B) section 1126(c). essary for each of fiscal years 2016 through individuals who have practical experience in ‘‘(5) SPECIAL RULE.—Notwithstanding any 2021. the classroom, school administration, or other provision of this subsection, the ‘‘(c) EDUCATION OF MIGRATORY CHILDREN.— State or local government, such as direct For the purpose of carrying out part C, there amount of funds reserved by the State edu- employees of a school, local educational are authorized to be appropriated such sums cational agency under this subsection for agency, or State educational agency within as may be necessary for each of fiscal years any fiscal year shall not decrease the the preceding 5 years; and 2016 through 2021. amount of funds each local educational agen- ‘‘(III) represent a regionally diverse cross- cy receives under subpart 2 of part A below ‘‘(d) PREVENTION AND INTERVENTION PRO- section of States; the amount received by such local edu- GRAMS FOR CHILDREN AND YOUTH WHO ARE ‘‘(iii) make available to the public, includ- cational agency under such subpart for the NEGLECTED, DELINQUENT, OR AT-RISK.—For ing by such means as posting to the Depart- the purpose of carrying out part D, there are preceding fiscal year. ment’s website, the list of peer reviewers authorized to be appropriated such sums as ‘‘(6) REPORTING.—Each State educational who will review State plans under this sec- may be necessary for each of fiscal years 2016 agency shall make publicly available a list tion; through 2021. of those schools that have received funds or ‘‘(iv) ensure that the peer-review teams are ‘‘(e) FEDERAL ACTIVITIES.—For the purpose services pursuant to this subsection and the comprised of varied individuals so that the of carrying out evaluation activities related percentage of students from each such school same peer reviewers are not reviewing all of to title I under section 9601, there are au- from families with incomes below the pov- the State plans; and thorized to be appropriated such sums as erty line.’’. ‘‘(v) deem a State plan as approved within may be necessary for each of fiscal years 2016 SEC. 1004. BASIC PROGRAM REQUIREMENTS. 90 days of its submission unless the Sec- through 2021. Subpart 1 of part A of title I (20 U.S.C. 6311 retary presents substantial evidence that ‘‘(f) SCHOOL INTERVENTION AND SUPPORT.— et seq.) is amended— clearly demonstrates that such State plan For the purpose of carrying out section 1114, (1) by striking sections 1111 through 1117 does not meet the requirements of this sec- there are authorized to be appropriated such and inserting the following: tion. sums as may be necessary for each of fiscal ‘‘SEC. 1111. STATE PLANS. ‘‘(B) PURPOSE OF PEER REVIEW.—The peer- years 2016 through 2021.’’. ‘‘(a) PLANS REQUIRED.— review process shall be designed to— SEC. 1003. SCHOOL INTERVENTION AND SUPPORT ‘‘(1) IN GENERAL.—For any State desiring ‘‘(i) maximize collaboration with each AND STATE ADMINISTRATION. to receive a grant under this part, the State State; The Act (20 U.S.C. 6301 et seq.) is amend- educational agency shall submit to the Sec- ‘‘(ii) promote effective implementation of ed— retary a plan, developed by the State edu- the challenging State academic standards (1) by striking section 1003; cational agency with timely and meaningful through State and local innovation; and (2) by redesignating section 1004 as section consultation with the Governor, representa- ‘‘(iii) provide publicly available, timely, 1003; and tives of the State legislature and State board and objective feedback to States designed to (3) in section 1003, as redesignated by para- of education (if the State has a State board strengthen the technical and overall quality graph (2), by adding at the end the following: of education), local educational agencies (in- of the State plans. ‘‘(c) TECHNICAL ASSISTANCE AND SUPPORT.— cluding those located in rural areas), rep- ‘‘(C) STANDARD AND NATURE OF REVIEW.— ‘‘(1) IN GENERAL.—Each State may reserve resentatives of Indian tribes located in the Peer reviewers shall conduct an objective re- not more than 4 percent of the amount the State, teachers, principals, other school view of State plans in their totality and out State receives under subpart 2 of part A for leaders, public charter school representa- of respect for State and local judgments, a fiscal year to carry out paragraph (2) and tives (if applicable), specialized instructional with the goal of supporting State- and local- to carry out the State educational agency’s support personnel, paraprofessionals (includ- led innovation and providing objective feed- responsibilities under section 1114(a), includ- ing organizations representing such individ- back on the technical and overall quality of ing carrying out the State educational agen- uals), administrators, other staff, and par- a State plan. cy’s statewide system of technical assistance ents, that— ‘‘(D) RULE OF CONSTRUCTION.—Nothing in and support for local educational agencies. ‘‘(A) is coordinated with other programs this paragraph shall be construed as prohib- ‘‘(2) USES.—Of the amount reserved under under this Act, the Individuals with Disabil- iting the Secretary from appointing an indi- paragraph (1) for any fiscal year, the State ities Education Act, the Rehabilitation Act vidual to serve as a peer reviewer on more educational agency— of 1973, the Carl D. Perkins Career and Tech- than one peer-review team under subpara- ‘‘(A) shall use not less than 95 percent of nical Education Act of 2006, the Workforce graph (A) or to review more than one State such amount by allocating such sums di- Innovation and Opportunity Act, the Head plan.

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‘‘(4) STATE PLAN DETERMINATION, DEM- ‘‘(V) the specific weight or specific signifi- this part until the Secretary determines that ONSTRATION, AND REVISION.—If the Secretary cance of any measure or indicator of student the State has fulfilled those requirements. determines that a State plan does not meet academic achievement within State-designed ‘‘(10) PUBLIC COMMENT.—Each State shall the requirements of this subsection or sub- accountability systems; make the State plan publicly available for section (b) or (c), the Secretary shall, prior ‘‘(VI) the specific goals States establish for public comment for a period of not less than to declining to approve the State plan— student academic achievement or high 30 days, by electronic means and in a com- ‘‘(A) immediately notify the State of such school graduation rates, as described in sub- puter friendly and easily accessible format, determination; clauses (I) and (II) of subsection (b)(3)(B)(i); prior to submission to the Secretary for ap- ‘‘(B) provide a detailed description of the ‘‘(VII) any aspect or parameter of a teach- proval under this subsection. The State shall specific requirements of this subsection or er, principal, or other school leader evalua- provide an assurance that public comments subsection (b) or (c) of the State plan that tion system within a State or local edu- were taken into account in the development the Secretary determines fails to meet such cational agency; or of the State plan. requirements; ‘‘(VIII) indicators or specific measures of ‘‘(b) CHALLENGING STATE ACADEMIC STAND- ‘‘(C) provide all peer-review comments, teacher, principal, or other school leader ef- ARDS, ACADEMIC ASSESSMENTS, AND ACCOUNT- ABILITY SYSTEMS.— suggestions, recommendations, or concerns fectiveness or quality; or ‘‘(1) CHALLENGING STATE ACADEMIC STAND- in writing to the State; ‘‘(vi) require data collection beyond data ARDS.— ‘‘(D) offer the State an opportunity to re- derived from existing Federal, State, and ‘‘(A) IN GENERAL.—Each State shall provide vise and resubmit its plan within 60 days of local reporting requirements and data an assurance that the State has adopted such determination, including the chance for sources. challenging academic content standards and the State to present substantial evidence to ‘‘(B) RULE OF CONSTRUCTION.—Nothing in aligned academic achievement standards (re- clearly demonstrate that the State plan this paragraph shall be construed as author- ferred to in this Act as ‘challenging State meets the requirements of this part; izing, requiring, or allowing any additional academic standards’), which achievement ‘‘(E) provide technical assistance, upon re- reporting requirements, data elements, or in- standards shall include not less than 3 levels quest of the State, in order to assist the formation to be reported to the Secretary of achievement, that will be used by the State to meet the requirements of this sub- not otherwise explicitly authorized under State, its local educational agencies, and its section or subsection (b) or (c); and Federal law. schools to carry out this part. A State shall ‘‘(F) conduct a public hearing within 30 ‘‘(7) PUBLIC REVIEW.—All written commu- not be required to submit such challenging days of such resubmission, with public notice nications, feedback, and notifications under State academic standards to the Secretary. provided not less than 15 days before such this subsection shall be conducted in a man- ‘‘(B) SAME STANDARDS.—Except as provided hearing, unless the State declines the oppor- ner that is transparent and immediately in subparagraph (E), the standards required tunity for such public hearing. made available to the public through the by subparagraph (A) shall be the same stand- ‘‘(5) STATE PLAN DISAPPROVAL.—The Sec- website of the Department, including— ards that the State applies to all public retary shall have the authority to disapprove ‘‘(A) plans submitted or resubmitted by a schools and public school students in the a State plan if the State has been notified State; State. and offered an opportunity to revise and sub- ‘‘(B) peer-review comments; ‘‘(C) SUBJECTS.—The State shall have such mit with technical assistance under para- ‘‘(C) State plan determinations by the Sec- standards in mathematics, reading or lan- graph (4), and— retary, including approvals or disapprovals; guage arts, and science, and any other sub- ‘‘(A) the State does not revise and resub- and jects as determined by the State, which shall mit its plan; or ‘‘(D) notices and transcripts of public hear- include the same knowledge, skills, and lev- ‘‘(B) the State revises and resubmits a plan ings under this section. els of achievement expected of all public that the Secretary determines does not meet ‘‘(8) DURATION OF THE PLAN.— school students in the State. the requirements of this part after a hearing ‘‘(A) IN GENERAL.—Each State plan shall— ‘‘(D) ALIGNMENT.—Each State shall dem- conducted under paragraph (4)(F), if applica- ‘‘(i) remain in effect for the duration of the onstrate that the challenging State aca- ble. State’s participation under this part or 7 demic standards are aligned with— ‘‘(6) LIMITATIONS.— years, whichever is shorter; and ‘‘(i) entrance requirements, without the ‘‘(A) IN GENERAL.—The Secretary shall not ‘‘(ii) be periodically reviewed and revised need for academic remediation, for the sys- have the authority to require a State, as a as necessary by the State educational agen- tem of public higher education in the State; condition of approval of the State plan or re- cy to reflect changes in the State’s strate- ‘‘(ii) relevant State career and technical visions or amendments to the State plan, gies and programs under this part. education standards; and to— ‘‘(B) ADDITIONAL INFORMATION.— ‘‘(iii) relevant State early learning guide- ‘‘(i) include in, or delete from, such plan 1 ‘‘(i) IN GENERAL.—If a State makes signifi- lines, as required under section 658E(c)(2)(T) or more specific elements of the challenging cant changes to its plan at any time, such as of the Child Care and Development Block State academic standards; the adoption of new challenging State aca- Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(T)). ‘‘(ii) use specific academic assessment in- demic standards, new academic assessments, ‘‘(E) ALTERNATE ACADEMIC ACHIEVEMENT struments or items; or changes to its accountability system STANDARDS FOR STUDENTS WITH THE MOST SIG- ‘‘(iii) set specific State-designed goals or under subsection (b)(3), such information NIFICANT COGNITIVE DISABILITIES.— specific timelines for such goals for all stu- shall be submitted to the Secretary in the ‘‘(i) IN GENERAL.—The State may, through dents or each of the categories of students, form of revisions or amendments to the a documented and validated standards-set- as defined in subsection (b)(3)(A); State plan. ting process, adopt alternate academic ‘‘(iv) assign any specific weight or specific ‘‘(ii) REVIEW OF REVISED PLANS.—The Sec- achievement standards for students with the significance to any measures or indicators of retary shall review the information sub- most significant cognitive disabilities, pro- student academic achievement or growth mitted under clause (i) and approve or dis- vided those standards— within State-designed accountability sys- approve changes to the State plan within 90 ‘‘(I) are aligned with the challenging State tems; days in accordance with paragraphs (4) academic content standards under subpara- ‘‘(v) include in, or delete from, such a plan through (6) without undertaking the peer-re- graph (A); any criterion that specifies, defines, or pre- view process under paragraph (3). ‘‘(II) promote access to the general cur- scribes— ‘‘(iii) SPECIAL RULE FOR STANDARDS.—If a riculum, consistent with the purposes of the ‘‘(I) the standards or measures that States State makes changes to its challenging Individuals with Disabilities Education Act, or local educational agencies use to estab- State academic standards, the requirements as stated in section 601(d) of such Act; lish, implement, or improve challenging of subsection (b)(1), including the require- ‘‘(III) reflect professional judgment of the State academic standards, including the con- ment that such standards need not be sub- highest achievement standards attainable by tent of, or achievement levels within, such mitted to the Secretary pursuant to sub- those students; standards; section (b)(1)(A), shall still apply. ‘‘(IV) are designated in the individualized ‘‘(II) the specific types of academic assess- ‘‘(C) RENEWAL.—A State educational agen- education program developed under section ments or assessment items that States and cy shall submit a revised plan every 7 years 614(d)(3) of the Individuals with Disabilities local educational agencies use to meet the subject to the peer-review process under Education Act for each such student as the requirements of this part; paragraph (3). academic achievement standards that will be ‘‘(III) any requirement that States shall ‘‘(D) LIMITATION.—The Secretary shall not used for the student; and measure student growth, the specific metrics have the authority to place any new condi- ‘‘(V) are aligned to ensure that a student used to measure student academic growth if tions, requirements, or criteria for approval who meets the alternate academic achieve- a State chooses to measure student growth, of a plan submitted for renewal under sub- ment standards is on track for further edu- or the specific indicators or methods to paragraph (C) that are not otherwise author- cation or employment. measure student readiness to enter postsec- ized under this part. ‘‘(ii) PROHIBITION ON ANY OTHER ALTERNATE ondary education or the workforce; ‘‘(9) FAILURE TO MEET REQUIREMENTS.—If a OR MODIFIED ACADEMIC ACHIEVEMENT STAND- ‘‘(IV) any specific benchmarks, targets, State fails to meet any of the requirements ARDS.—A State shall not develop, or imple- goals, or metrics to measure nonacademic of this section, then the Secretary may with- ment for use under this part, any alternate measures or indicators; hold funds for State administration under academic achievement standards for children

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Such ministered not less than one time, during— within each State, local educational agency, standards shall— ‘‘(aa) grades 3 through 5; and school, by— ‘‘(i) ensure proficiency in each of the do- ‘‘(bb) grades 6 through 9; and ‘‘(I) each major racial and ethnic group; mains of speaking, listening, reading, and ‘‘(cc) grades 10 through 12; ‘‘(II) economically disadvantaged students writing; ‘‘(vi) involve multiple up-to-date measures as compared to students who are not eco- ‘‘(ii) address the different proficiency lev- of student academic achievement, including nomically disadvantaged; els of children who are English learners; and measures that assess higher-order thinking ‘‘(III) children with disabilities as com- ‘‘(iii) be aligned with the challenging State skills and understanding, which may include pared to children without disabilities; academic standards in reading or language measures of student academic growth and ‘‘(IV) English proficiency status; arts, so that achieving proficiency in the may be partially delivered in the form of ‘‘(V) gender; and portfolios, projects, or extended performance State’s English language proficiency stand- ‘‘(VI) migrant status; tasks; ards indicates a sufficient knowledge of ‘‘(xii) enable itemized score analyses to be ‘‘(vii) provide for— English to measure validly and reliably the produced and reported, consistent with ‘‘(I) the participation in such assessments student’s achievement on the State’s reading clause (iii), to local educational agencies and of all students; or language arts standards. schools, so that parents, teachers, principals, ‘‘(II) the appropriate accommodations, ‘‘(G) PROHIBITIONS.— other school leaders, and administrators can such as interoperability with and ability to ‘‘(i) STANDARDS REVIEW OR APPROVAL.—A use assistive technology, for children with interpret and address the specific academic State shall not be required to submit any disabilities, as defined in section 602(3) of the needs of students as indicated by the stu- standards developed under this subsection to Individuals with Disabilities Education Act, dents’ achievement on assessment items; and the Secretary for review or approval. and students with a disability who are pro- ‘‘(xiii) be developed, to the extent prac- ‘‘(ii) FEDERAL CONTROL.—The Secretary vided accommodations under an Act other ticable, using the principles of universal de- shall not have the authority to mandate, di- than the Individuals with Disabilities Edu- sign for learning. rect, control, coerce, or exercise any direc- cation Act, necessary to measure the aca- ‘‘(C) EXCEPTION TO DISAGGREGATION.—Not- tion or supervision over any of the chal- demic achievement of such children relative withstanding subparagraph (B)(xi), the lenging State academic standards adopted or to the challenging State academic standards; disaggregated results of assessments shall implemented by a State. and not be required in the case of a local edu- ‘‘(H) EXISTING STANDARDS.—Nothing in this ‘‘(III) the inclusion of English learners, cational agency or school if— part shall prohibit a State from revising, who shall be assessed in a valid and reliable ‘‘(i) the number of students in a category consistent with this section, any standard manner and provided appropriate accom- described under subparagraph (B)(xi) is in- adopted under this part before or after the modations on assessments administered to sufficient to yield statistically reliable infor- date of enactment of the Every Child such students under this paragraph, includ- mation; or Achieves Act of 2015. ing, to the extent practicable, assessments in ‘‘(ii) the results would reveal personally ‘‘(2) ACADEMIC ASSESSMENTS.— the language and form most likely to yield identifiable information about an individual ‘‘(A) IN GENERAL.—Each State plan shall accurate data on what such students know student. demonstrate that the State educational and can do in academic content areas, until ‘‘(D) ALTERNATE ASSESSMENTS FOR STU- agency, in consultation with local edu- such students have achieved English lan- DENTS WITH THE MOST SIGNIFICANT COGNITIVE cational agencies, has implemented a set of guage proficiency, as determined under para- DISABILITIES.— high-quality statewide academic assess- graph (1)(F); ‘‘(i) ALTERNATE ASSESSMENTS ALIGNED WITH ments that— ‘‘(viii) at the State’s choosing— ALTERNATE ACADEMIC ACHIEVEMENT STAND- ‘‘(i) includes, at a minimum, academic ‘‘(I) be administered through a single ARDS.—A State may provide for alternate as- statewide assessments in mathematics, read- summative assessment; or sessments aligned with the challenging State ing or language arts, and science; and ‘‘(II) be administered through multiple academic content standards and alternate ‘‘(ii) meets the requirements of subpara- statewide assessments during the course of academic achievement standards described graph (B). the year if the State can demonstrate that in paragraph (1)(E) for students with the ‘‘(B) REQUIREMENTS.—The assessments the results of these multiple assessments, most significant cognitive disabilities, if the under subparagraph (A) shall— taken in their totality, provide a summative State— ‘‘(i) except as provided in subparagraph score that provides valid and reliable infor- ‘‘(I) ensures that for each subject, the total (D), be— mation on individual student achievement or number of students assessed in such subject ‘‘(I) the same academic assessments used growth; using the alternate assessments does not ex- to measure the achievement of all public ele- ‘‘(ix) notwithstanding clause (vii)(III), pro- ceed 1 percent of the total number of all stu- mentary school and secondary school stu- vide for assessments (using tests in English) dents in the State who are assessed in such dents in the State; and of reading or language arts of any student subject; ‘‘(II) administered to all public elementary who has attended school in the United States ‘‘(II) establishes and monitors implementa- school and secondary school students in the (not including the Commonwealth of Puerto tion of clear and appropriate guidelines for State; Rico) for 3 or more consecutive school years, individualized education program teams (as ‘‘(ii) be aligned with the challenging State except that if the local educational agency defined in section 614(d)(1)(B) of the Individ- academic standards, and provide coherent determines, on a case-by-case individual uals with Disabilities Education Act) to and timely information about student at- basis, that academic assessments in another apply in determining, individually for each tainment of such standards and whether the language or form would likely yield more ac- subject, when a child’s significant cognitive student is performing at the student’s grade and reliable information on what such disability justifies assessment based on al- level; student knows and can do, the local edu- ternate academic achievement standards; ‘‘(iii) be used for purposes for which such cational agency may make a determination ‘‘(III) ensures that, consistent with the re- assessments are valid and reliable, con- to assess such student in the appropriate quirements of the Individuals with Disabil- sistent with relevant, nationally recognized language other than English for a period ities Education Act, parents are involved in professional and technical testing standards, that does not exceed 2 additional consecutive the decision to use the alternate assessment objectively measure academic achievement, years, provided that such student has not yet for their child; knowledge, and skills, and be tests that do reached a level of English language pro- ‘‘(IV) ensures that, consistent with the re- not evaluate or assess personal or family be- ficiency sufficient to yield valid and reliable quirements of the Individuals with Disabil- liefs and attitudes, or publicly disclose per- information on what such student knows and ities Education Act, students with the most sonally identifiable information; can do on tests (written in English) of read- significant cognitive disabilities are involved ‘‘(iv) be of adequate technical quality for ing or language arts; in and make progress in the general edu- each purpose required under this Act and ‘‘(x) produce individual student interpre- cation curriculum; consistent with the requirements of this sec- tive, descriptive, and diagnostic reports, con- ‘‘(V) describes in the State plan the appro- tion, the evidence of which is made public, sistent with clause (iii), that allow parents, priate accommodations provided to ensure including on the website of the State edu- teachers, principals, and other school leaders access to the alternate assessment; cational agency; to understand and address the specific aca- ‘‘(VI) describes in the State plan the steps ‘‘(v)(I) measure the annual academic demic needs of students, and include infor- the State has taken to incorporate universal achievement of all students against the chal- mation regarding achievement on academic design for learning, to the extent feasible, in lenging State academic standards in, at a assessments aligned with challenging State alternate assessments;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00154 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.034 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5333 ‘‘(VII) ensures that general and special 1 year for each year for which the amount from high school prepared for postsecondary education teachers and other appropriate appropriated for grants under part B is less education or the workforce without the need staff know how to administer assessments, than $369,100,000. for postsecondary remediation and at a min- including making appropriate use of accom- ‘‘(I) RULE OF CONSTRUCTION REGARDING USE imum complies with the following: modations, to children with disabilities; OF ASSESSMENTS FOR STUDENT PROMOTION OR ‘‘(i) Establishes measurable State-designed ‘‘(VIII) develops, disseminates information GRADUATION.—Nothing in this paragraph goals for all students and each of the cat- on, and promotes the use of appropriate ac- shall be construed to prescribe or prohibit egories of students in the State that take commodations to increase the number of stu- the use of the academic assessments de- into account the progress necessary for all dents with significant cognitive disabilities scribed in this part for student promotion or students and each of the categories of stu- participating in academic instruction and graduation purposes. dents to graduate from high school prepared assessments and increase the number of stu- ‘‘(J) RULE OF CONSTRUCTION REGARDING AS- for postsecondary education or the work- dents with significant cognitive disabilities SESSMENTS.— force without the need for postsecondary re- who are tested against challenging State ‘‘(i) IN GENERAL.—Except as provided in mediation, for, at a minimum each of the academic achievement standards; and clause (ii), nothing in this paragraph shall be following: ‘‘(IX) ensures that students who take alter- construed to prohibit a State from devel- ‘‘(I) Academic achievement, which may in- nate assessments based on alternate aca- oping and administering computer adaptive clude student growth, on the State assess- demic achievement standards are not pre- assessments as the assessments described in ments under paragraph (2)(B)(v)(I). cluded from attempting to complete the re- this paragraph, as long as the computer ‘‘(II) High school graduation rates, includ- quirements for a regular high school di- adaptive assessments— ing— ploma. ‘‘(I) meet the requirements of this para- ‘‘(aa) the 4-year adjusted cohort gradua- ‘‘(ii) STUDENTS WITH THE MOST SIGNIFICANT graph; and tion rate; and COGNITIVE DISABILITIES.—In determining the ‘‘(II) assess the student’s academic ‘‘(bb) at the State’s discretion, the ex- achievement of students in the State ac- achievement in order to measure, in the sub- tended-year adjusted cohort graduation rate. countability system, a State educational ject being assessed, whether the student is ‘‘(ii) Annually measures and reports on the agency shall include, for all schools in the performing above or below the student’s following indicators: State, the performance of the State’s stu- grade level. ‘‘(I) The academic achievement of all pub- dents with the most significant cognitive ‘‘(ii) APPLICABILITY TO ALTERNATE ASSESS- lic school students in all public schools and disabilities on alternate assessments as de- MENTS FOR STUDENTS WITH THE MOST SIGNIFI- local educational agencies in the State to- scribed in this subparagraph in the subjects CANT COGNITIVE DISABILITIES.—In developing wards meeting the goals described in clause included in the State’s accountability sys- and administering computer adaptive assess- (i) and the challenging State academic tem, consistent with the 1 percent limitation ments as the assessments allowed under sub- standards for all students and for each of the of clause (i)(I). paragraph (D), a State shall ensure that such categories of students using student per- ‘‘(E) STATE AUTHORITY.—If a State edu- computer adaptive assessments— formance on State assessments required cational agency provides evidence, which is ‘‘(I) meet the requirements of this para- under paragraph (2)(B)(v)(I), which may in- satisfactory to the Secretary, that neither graph, including subparagraph (D), except clude measures of student academic growth the State educational agency nor any other such assessments shall not be required to to such standards. State government official, agency, or entity meet the requirements of clause (i)(II); and ‘‘(II) The academic success of all public has sufficient authority, under State law, to ‘‘(II) assess the student’s academic school students in all public schools and adopt challenging State academic standards, achievement in order to measure, in the sub- local educational agencies in the State, that and academic assessments aligned with such ject being assessed, whether the student is is, with respect to— standards, which will be applicable to all performing at the student’s grade level. ‘‘(aa) elementary schools and secondary students enrolled in the State’s public ele- ‘‘(K) RULE OF CONSTRUCTION ON PARENT AND schools that are not high schools, an aca- mentary schools and secondary schools, then GUARDIAN RIGHTS.—Nothing in this part shall demic indicator, as determined by the State, the State educational agency may meet the be construed as preempting a State or local that is the same statewide for all public ele- requirements of this subsection by— law regarding the decision of a parent or mentary school students and all students at ‘‘(i) adopting academic standards and aca- guardian to not have the parent or guard- such secondary schools, and each category of demic assessments that meet the require- ian’s child participate in the statewide aca- students; and ments of this subsection, on a statewide demic assessments under this paragraph. ‘‘(bb) high schools, the high school gradua- basis, and limiting their applicability to stu- ‘‘(L) LIMITATION ON ASSESSMENT TIME.— tion rates of all public high school students dents served under this part; or ‘‘(i) IN GENERAL.—As a condition of receiv- in all public high schools in the State toward ‘‘(ii) adopting and implementing policies ing an allocation under this part for any fis- meeting the goals described in clause (i), for that ensure that each local educational cal year, each State shall— all students and for each of the categories of agency in the State that receives grants ‘‘(I) set a limit on the aggregate amount of students, including the 4-year adjusted co- under this part will adopt academic content time devoted to the administration of assess- hort graduation rate and at the State’s dis- and student academic achievement stand- ments (including assessments adopted pursu- cretion, the extended-year adjusted cohort ards, and academic assessments aligned with ant to this subsection, other assessments re- graduation rate. such standards, which— quired by the State, and assessments re- ‘‘(III) English language proficiency of all ‘‘(I) meet all of the criteria in this sub- quired districtwide by the local educational English learners in all public schools and section and any regulations regarding such agency) for each grade, expressed as a per- local educational agencies, which may in- standards and assessments that the Sec- centage of annual instructional hours; and clude measures of student growth. retary may publish; and ‘‘(II) ensure that each local educational ‘‘(IV) Not less than one other valid and re- ‘‘(II) are applicable to all students served agency in the State will notify the parents of liable indicator of school quality, student by each such local educational agency. each student attending any school in the success, or student supports, as determined ‘‘(F) LANGUAGE ASSESSMENTS.—Each State local educational agency, on an annual basis, appropriate by the State, that will be applied plan shall identify the languages other than whenever the limitation described in sub- to all local educational agencies and schools English that are present to a significant ex- clause (I) is exceeded. consistently throughout the State for all tent in the participating student population ‘‘(ii) CHILDREN WITH DISABILITIES AND students and for each of the categories of of the State and indicate the languages for ENGLISH LEARNERS.—Nothing in clause (i) students, which may include measures of— which annual student academic assessments shall be construed to supersede the require- ‘‘(aa) student readiness to enter postsec- are not available and are needed, and such ments of Federal law relating to assessments ondary education or the workforce without State shall make every effort to develop that apply specifically to children with dis- the need for postsecondary remediation, such assessments as necessary. abilities or English learners. which may include— ‘‘(G) ASSESSMENTS OF ENGLISH LANGUAGE ‘‘(3) STATE ACCOUNTABILITY SYSTEM.— ‘‘(AA) measures that integrate preparation PROFICIENCY.—Each State plan shall dem- ‘‘(A) CATEGORY OF STUDENTS.—In this para- for postsecondary education and the work- onstrate that local educational agencies in graph, the term ‘category of students’ force, including performance in coursework the State will provide for an annual assess- means— sequences that integrate rigorous academics, ment of English proficiency, which is valid, ‘‘(i) economically disadvantaged students; work-based learning, and career and tech- reliable, and consistent with relevant na- ‘‘(ii) students from major racial and ethnic nical education; tionally recognized professional and tech- groups; ‘‘(BB) measures of a high-quality and ac- nical testing standards measuring students’ ‘‘(iii) children with disabilities; and celerated academic program as determined speaking, listening, reading, and writing ‘‘(iv) English learner students. appropriate by the State, which may include skills in English, of all children who are ‘‘(B) DESCRIPTION OF SYSTEM.—Each State the percentage of students who participate English learners in the schools served by the plan shall describe a single, statewide State in a State-approved career and technical pro- State educational agency. accountability system that will be based on gram of study as described in section ‘‘(H) DEFERRAL.—A State may defer the the challenging State academic standards 122(c)(1)(A) of the Carl D. Perkins Career and commencement, or suspend the administra- adopted by the State in mathematics and Technical Education Act of 2006 and meas- tion, but not cease the development, of the reading or language arts under paragraph ures of technical skill attainment and place- assessments described in this paragraph, for (1)(C) to ensure that all students graduate ment described in section 113(b) of such Act

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00155 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.034 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5334 CONGRESSIONAL RECORD — SENATE July 21, 2015 and reported by the State in a manner con- than 12 months on the assessments under ‘‘(A) with respect to any accountability sistent with section 113(c) of such Act, or paragraph (2)(B)(v)(I), except for the results provisions under this part that require other substantially similar measures; on the English language proficiency assess- disaggregation of information by each of the ‘‘(CC) student performance on assessments ments required under paragraph (2)(G), for categories of students, as defined in sub- aligned with the expectations for first-year the first year of the English learner’s enroll- section (b)(3)(A)— postsecondary education success; ment in a school in the United States for the ‘‘(i) the minimum number of students that ‘‘(DD) student performance on admissions purposes of the State-determined account- the State determines are necessary to be in- tests for postsecondary education; ability system under this subsection; and cluded in each such category of students to ‘‘(EE) student performance on assessments ‘‘(C) include the results on the assessments carry out such requirements and how that of career readiness and acquisition of indus- under paragraph (2)(B)(v)(I), except for re- number is statistically sound; try-recognized credentials that meet the sults on the English language proficiency as- ‘‘(ii) how such minimum number of stu- quality criteria established by the State sessments required under paragraph (2)(G), of dents was determined by the State, including under section 123(a) of the Workforce Innova- former English learners for not more than 4 how the State collaborated with teachers, tion and Opportunity Act (29 U.S.C. 3102); years after the student is no longer identi- principals, other school leaders, parents, and ‘‘(FF) student enrollment rates in postsec- fied as an English learner within the English other stakeholders when setting the min- ondary education; learner category of the categories of stu- imum number; and ‘‘(GG) measures of student remediation in dents, as defined in paragraph (3)(A), for the ‘‘(iii) how the State ensures that such min- postsecondary education; and purposes of the State-determined account- imum number does not reveal personally ‘‘(HH) measures of student credit accumu- ability system. identifiable information about students; lation in postsecondary education; ‘‘(5) ACCOUNTABILITY FOR CHARTER ‘‘(B) the State educational agency’s system ‘‘(bb) student engagement, such as attend- SCHOOLS.—The accountability provisions to monitor and evaluate the intervention ance rates and chronic absenteeism (includ- under this title shall be overseen for charter and support strategies implemented by local ing both excused and unexcused absences); schools in accordance with State charter educational agencies in schools identified as ‘‘(cc) educator engagement, such as educa- school law. in need of intervention and support under tor satisfaction (including working condi- ‘‘(6) PROHIBITION ON FEDERAL INTERFERENCE section 1114, including the lowest-performing tions within the school), teacher quality and WITH STATE AND LOCAL DECISIONS.—Nothing effectiveness, and teacher absenteeism; schools and schools identified for other rea- in this subsection shall be construed to per- sons, including schools with categories of ‘‘(dd) results from student, parent, and ed- mit the Secretary to establish any criterion ucator surveys; students, as defined in subsection (b)(3)(A), that specifies, defines, or prescribes— not meeting the goals described in sub- ‘‘(ee) school climate and safety, such as in- ‘‘(A) the standards or measures that States cidents of school violence, bullying, and har- section (b)(3)(B)(i), and the steps the State or local educational agencies use to estab- will take to further assist local educational assment, and disciplinary rates, including lish, implement, or improve challenging rates of suspension, expulsion, referrals to agencies, if such strategies are not effective; State academic standards, including the con- ‘‘(C) in the case of a State that proposes to law enforcement, school-related arrests, dis- tent of, or achievement levels within, such ciplinary transfers (including placements in use funds under this part to offer early child- standards; hood education programs, how the State pro- alternative schools), and student detentions; ‘‘(B) the specific types of academic assess- ‘‘(ff) student access to or success in ad- vides assistance and support to local edu- ments or assessment items that States or vanced coursework or educational programs cational agencies and individual elementary local educational agencies use to meet the or opportunities, which may include partici- schools that are creating, expanding, or im- requirements of paragraph (2)(B) or other- pation and performance in Advanced Place- proving such programs, such as through wise use to measure student academic ment, International Baccalaureate, dual en- plans for engaging and supporting principals achievement or student growth; rollment, and early college high school pro- and other school leaders responsible for im- ‘‘(C) the specific goals that States estab- grams; and proving early childhood alignment with lish within State-designed accountability ‘‘(gg) any other State-determined measure their elementary school, supporting teachers systems for all students and for each of the of school quality or student success. in understanding the transition between categories of students, as defined in para- ‘‘(iii) Establishes a system of annually early learning to kindergarten, and increas- identifying and meaningfully differentiating graph (3)(A), for student academic achieve- ing parent and community engagement; among all public schools in the State, which ment or high school graduation rates, as de- ‘‘(D) in the case of a State that proposes to shall— scribed in subclauses (I) and (II) of paragraph use funds under this part to support a multi- ‘‘(I) be based on all indicators in the (3)(B)(i); tiered system of supports, positive behav- State’s accountability system under clause ‘‘(D) any requirement that States shall ioral interventions and supports, or early in- (ii) for all students and for each of the cat- measure student growth or the specific tervening services, how the State edu- egories of students; and metrics used to measure student academic cational agency will assist local educational ‘‘(II) use the indicators described in sub- growth if a State chooses to measure student agencies in the development, implementa- clauses (I) and (II) of clause (ii) as substan- growth; tion, and coordination of such activities and tial factors in the annual identification of ‘‘(E) the specific indicator under paragraph services with similar activities and services schools, and the weight of such factors shall (3)(B)(ii)(II)(aa), or any indicator under para- carried out under the Individuals with Dis- be determined by the State. graph (3)(B)(ii)(IV), that a State must use abilities Education Act in schools served by ‘‘(iv) For public schools receiving assist- within the State-designed accountability the local educational agency, including by ance under this part, meets the requirements system; providing technical assistance, training, and of section 1114. ‘‘(F) setting specific benchmarks, targets, evaluation of the activities and services; ‘‘(v) Provides a clear and understandable or goals, for any other measures or indica- ‘‘(E) how the State educational agency will explanation of the method of identifying and tors established by a State under subclauses provide support to local educational agencies meaningfully differentiating schools under (III) and (IV) of paragraph (3)(B)(ii), includ- for the education of homeless children and clause (iii). ing progress or growth on such measures or youths, and how the State will comply with ‘‘(vi) Measures the annual progress of not indicators; the requirements of subtitle B of title VII of less than 95 percent of all students, and stu- ‘‘(G) the specific weight or specific signifi- the McKinney-Vento Homeless Assistance dents in each of the categories of students, cance of any measures or indicators used to Act; who are enrolled in the school and are re- measure, identify, or differentiate schools in ‘‘(F) how low-income and minority chil- quired to take the assessments under para- the State-determined accountability system, dren enrolled in schools assisted under this graph (2) and provides a clear and under- as described in clauses (ii) and (iii) of para- part are not served at disproportionate rates standable explanation of how the State will graph (3)(B); by ineffective, out-of-field, and inexperi- factor this requirement into the State-de- ‘‘(H) the terms ‘meaningfully’ or ‘substan- enced teachers, principals, or other school signed accountability system determina- tially’ as used in this part; leaders, and the measures the State edu- tions. ‘‘(I) the specific methods used by States cational agency will use to evaluate and pub- ‘‘(4) EXCEPTION FOR ENGLISH LEARNERS.—A and local educational agencies to identify licly report the progress of the State edu- State may choose to— and meaningfully differentiate among public cational agency with respect to such descrip- ‘‘(A) exclude a recently arrived English schools; tion; learner who has attended school in one of the ‘‘(J) any aspect or parameter of a teacher, ‘‘(G) how the State will make public the 50 States in the United States or in the Dis- principal, or other school leader evaluation methods or criteria the State or its local trict of Columbia for less than 12 months system within a State or local educational educational agencies are using to measure from one administration of the reading or agency; or teacher, principal, and other school leader language arts assessment required under ‘‘(K) indicators or measures of teacher, effectiveness for the purpose of meeting the paragraph (2); principal, or other school leader effective- requirements described in subparagraph (F); ‘‘(B) exclude the results of a recently ar- ness or quality. however, nothing in this subparagraph shall rived English learner who has attended ‘‘(c) OTHER PLAN PROVISIONS.— be construed as requiring a State to develop school in one of the 50 States in the United ‘‘(1) DESCRIPTIONS.—Each State plan shall or implement a teacher, principal, or other States or in the District of Columbia for less describe— school leader evaluation system;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00156 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.034 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5335 ‘‘(H) how the State educational agency will State will work with local educational agen- ‘‘(iv) use funds under this part to support protect each student from physical or men- cies to— efforts to expand and replicate successful tal abuse, aversive behavioral interventions ‘‘(i) assist in the identification of middle practices from high-performing charter that compromise student health and safety, grades and high school students who are at- schools, magnet schools, and traditional pub- or any physical restraint or seclusion im- risk of dropping out, such as through the lic schools. posed solely for purposes of discipline or con- continuous use of student data related to ‘‘(2) ASSURANCES.—Each State plan shall venience, which may include how such agen- measures such as attendance, student sus- provide an assurance that— cy will identify and support, including pensions, course performance, and, postsec- ‘‘(A) the State educational agency will no- through professional development, training, ondary credit accumulation that results in tify local educational agencies, Indian tribes and technical assistance, local educational actionable steps to inform and differentiate and tribal organizations, schools, teachers, agencies and schools that have high levels of instruction and support; parents, and the public of the challenging seclusion and restraint or disproportionality ‘‘(ii) ensure effective student transitions State academic standards, academic assess- in rates of seclusion and restraint; from elementary school to middle grades and ments, and State accountability system, de- ‘‘(I) how the State educational agency will middle grades to high school, such as by veloped under this section; address school discipline issues, which may aligning curriculum and supports or imple- ‘‘(B) the State educational agency will as- include how such agency will identify and menting personal academic plans to enable sist each local educational agency and support, including through professional de- such students to stay on the path to gradua- school affected by the State plan to meet the velopment, training, and technical assist- tion; requirements of this part; ance, local educational agencies and schools ‘‘(iii) ensure effective student transitions ‘‘(C) the State will participate in the bien- that have high levels of exclusionary dis- from high school to postsecondary edu- nial State academic assessments in reading cipline or disproportionality in rates of ex- cation, such as through the establishment of and mathematics in grades 4 and 8 of the Na- clusionary discipline; partnerships between local educational agen- tional Assessment of Educational Progress ‘‘(J) how the State educational agency will cies and institutions of higher education and carried out under section 303(b)(3) of the Na- address school climate issues, which may in- providing students with choices for pathways tional Assessment of Educational Progress clude providing technical assistance on effec- to postsecondary education, which may in- Authorization Act if the Secretary pays the tive strategies to reduce the incidence of clude the integration of rigorous academics, costs of administering such assessments; school violence, bullying, harassment, drug career and technical education, and work- ‘‘(D) the State educational agency will and alcohol use and abuse, and rates of based learning; modify or eliminate State fiscal and ac- chronic absenteeism (including both excused ‘‘(iv) provide professional development to counting barriers so that schools can easily and unexcused absences); teachers, principals, other school leaders, consolidate funds from other Federal, State, ‘‘(K) how the State determines, with time- and other school personnel in addressing the and local sources in order to improve edu- ly and meaningful consultation with local academic and developmental needs of such cational opportunities and reduce unneces- educational agencies representing the geo- students; and sary fiscal and accounting requirements; graphic diversity of the State, the timelines ‘‘(v) implement any other evidence-based ‘‘(E) the State educational agency will sup- and annual goals for progress necessary to strategies or activities that the State deter- port the collection and dissemination to move English learners from the lowest levels mines appropriate for addressing the unique local educational agencies and schools of ef- of English proficiency to the State-defined needs of such students; fective parent and family engagement strat- proficient level in a State-determined num- ‘‘(N) how the State educational agency will egies, including those included in the parent ber of years, including an assurance that provide support to local educational agencies and family engagement policy under section such goals will be based on students’ initial for the education of expectant and parenting 1115; language proficiency when first identified as students; ‘‘(F) the State educational agency will pro- an English learner and may take into ac- ‘‘(O) how the State educational agency will vide the least restrictive and burdensome count the amount of time that an individual demonstrate a coordinated plan to regulations for local educational agencies child has been enrolled in a language pro- seamlessly transition students from sec- and individual schools participating in a pro- gram and grade level; ondary school into postsecondary education gram assisted under this part; ‘‘(L) the steps a State educational agency or careers without remediation, including a ‘‘(G) the State educational agency will en- will take to ensure collaboration with the description of the specific transition activi- sure that local educational agencies, in de- State agency responsible for administering ties that the State educational agency will veloping and implementing programs under the State plans under parts B and E of title carry out, such as providing students with this part, will, to the extent feasible, work in IV of the Social Security Act (42 U.S.C. 621 access to early college high school or dual or consultation with outside intermediary orga- et seq. and 670 et seq.) to ensure the edu- concurrent enrollment opportunities; nizations, such as educational service agen- cational stability of children in foster care, ‘‘(P) if applicable, whether the State con- cies, or individuals, that have practical ex- including assurances that— ducts periodic assessments of the condition pertise in the development or use of evi- ‘‘(i) any such child enrolls or remains in of elementary school and secondary school dence-based strategies and programs to im- such child’s school of origin, unless a deter- facilities in the State, which may include an prove teaching, learning, and schools; mination is made that it is not in such assessment of the age of the facility and the ‘‘(H) the State educational agency has ap- child’s best interest to attend the school of state of repair of the facility; propriate procedures and safeguards in place origin, which decision shall be based on all ‘‘(Q) if applicable, how the State edu- to ensure the validity of the assessment factors relating to the child’s best interest, cational agency will provide support to local process; including consideration of the appropriate- educational agencies for the education of ‘‘(I) the State educational agency will en- ness of the current educational setting and children facing substance abuse in the home, sure that all teachers and paraprofessionals the proximity to the school in which the which may include how such agency will pro- working in a program supported with funds child is enrolled at the time of placement; vide professional development, training, and under this part meet applicable State certifi- ‘‘(ii) when a determination is made that it technical assistance to local educational cation and licensure requirements, including is not in such child’s best interest to remain agencies, elementary schools, and secondary alternative certification requirements; in the school of origin, the child is imme- schools in communities with high rates of ‘‘(J) the State educational agency will co- diately enrolled in a new school, even if the substance abuse; and ordinate activities funded under this part child is unable to produce records normally ‘‘(R) any other information on how the with other Federal activities as appropriate; required for enrollment; State proposes to use funds under this part ‘‘(K) the State educational agency has in- ‘‘(iii) the enrolling school shall imme- to meet the purposes of this part, and that volved the committee of practitioners estab- diately contact the school last attended by the State determines appropriate to provide, lished under section 1503(b) in developing the any such child to obtain relevant academic which may include how the State edu- plan and monitoring its implementation; and other records; and cational agency will— ‘‘(L) the State has professional standards ‘‘(iv) the State educational agency will ‘‘(i) assist local educational agencies in for paraprofessionals working in a program designate an employee to serve as a point of identifying and serving gifted and talented supported with funds under this part, includ- contact for child welfare agencies and to students; ing qualifications that were in place on the oversee implementation of the State agency ‘‘(ii) assist local educational agencies in day before the date of enactment of the responsibilities required under this subpara- developing effective school library programs Every Child Achieves Act of 2015; graph, and such point of contact shall not be to provide students an opportunity to de- ‘‘(M) the State educational agency will as- the State’s Coordinator for Education of velop digital literacy skills and to help en- sess the system for collecting data from Homeless Children and Youths under section sure that all students graduate from high local educational agencies, and the technical 722(d)(3) of the McKinney-Vento Homeless school prepared for postsecondary education assistance provided to local educational Assistance Act; or the workforce without the need for reme- agencies on data collection, and will evalu- ‘‘(M) how the State will ensure the unique diation; ate the need to upgrade or change the sys- needs of students at all levels of schooling ‘‘(iii) encourage the offering of a variety of tem and to provide additional support to are met, particularly students in the middle well-rounded education experiences to stu- help minimize the burden on local edu- grades and high school, including how the dents; and cational agencies related to reporting data

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00157 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.034 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5336 CONGRESSIONAL RECORD — SENATE July 21, 2015 required for the annual State report card de- dents and for each of the categories of stu- the State, using the methods or criteria scribed in subsection (d)(1) and annual local dents, as defined in subsection (b)(3)(A), the under subsection (c)(1)(G); and educational agency report cards described in indicators used in the accountability system ‘‘(V) the annual retention rates of effective subsection (d)(2); and to evaluate school performance described in and ineffective teachers, principals, and ‘‘(N) the State educational agency will pro- subsection (b)(3)(B), and the weights of the other school leaders, as determined by the vide the information described in clauses (ii), indicators used in the accountability system State, using the methods or criteria under (iii), and (iv) of subsection (d)(1)(C) to the to evaluate school performance. subsection (c)(1)(G). public in an easily accessible and user- ‘‘(ii) For all students and disaggregated by ‘‘(viii) Information on the performance of friendly manner that can be cross-tabulated each category of students described in sub- local educational agencies and schools in the by, at a minimum, each major racial and section (b)(2)(B)(xi), homeless status, and State, including the number and names of ethnic group, gender, English proficiency, status as a child in foster care, except that each school identified for intervention and and students with or without disabilities, such disaggregation shall not be required in support under section 1114. which— a case in which the number of students in a ‘‘(ix) For a State that implements a teach- ‘‘(i) may be accomplished by including category is insufficient to yield statistically er, principal, and other school leader evalua- such information on the annual State report reliable information or the results would re- tion system consistent with title II, the eval- card described subsection (d)(1)(C)); and veal personally identifiable information uation results of teachers, principals, and ‘‘(ii) shall be presented in a manner that— about an individual student, information on other school leaders, except that such infor- ‘‘(I) is first anonymized and does not reveal student achievement on the academic assess- mation shall not provide personally identifi- personally identifiable information about an ments described in subsection (b)(2) at each able information on individual teachers, individual student; level of achievement, as determined by the principals, or other school leaders. ‘‘(II) does not include a number of students State under subsection (b)(1). ‘‘(x) The per-pupil expenditures of Federal, in any category of students that is insuffi- ‘‘(iii) For all students and disaggregated by State, and local funds, including actual per- cient to yield statistically reliable informa- each category of students described in sub- sonnel expenditures and actual nonpersonnel tion or that would reveal personally identifi- section (b)(2)(B)(xi), the percentage of stu- expenditures of Federal, State, and local able information about an individual stu- dent; and dents assessed and not assessed. funds, disaggregated by source of funds, for ‘‘(III) is consistent with the requirements ‘‘(iv) For all students and disaggregated by each local educational agency and each of section 444 of the General Education Pro- each of the categories of students, as defined school in the State for the preceding fiscal visions Act (20 U.S.C. 1232g, commonly in subsection (b)(3)(A), and for purposes of year. known as the ‘Family Educational Rights subclause (II), homeless status and status as ‘‘(xi) The number and percentages of stu- and Privacy Act of 1974’). a child in foster care, except that such dents with the most significant cognitive ‘‘(3) RULES OF CONSTRUCTION.—Nothing in disaggregation shall not be required in a case disabilities that take an alternate assess- paragraph (2)(N) shall be construed to— in which the number of students in a cat- ment under subsection (b)(2)(D), by grade ‘‘(A) require groups of students obtained by egory is insufficient to yield statistically re- and subject. any entity that cross-tabulates the informa- liable information or the results would re- ‘‘(xii) Information on the acquisition of tion provided under such paragraph to be veal personally identifiable information English language proficiency by students considered categories of students under sub- about an individual student— who are English learners. section (b)(3)(A) for the purposes of the State ‘‘(I) information on the performance on the ‘‘(xiii) Information on, including informa- accountability system under subsection other academic indicator under subsection tion that the State educational agency and (b)(3); or (b)(3)(B)(ii)(II)(aa) used by the State in the each local educational agency in the State ‘‘(B) to prohibit States from publicly re- State accountability system; and reported to the Civil Rights Data Collection porting data in a cross-tabulated manner, in ‘‘(II) high school graduation rates, includ- biennial survey required by the Office for order to meet the requirements of paragraph ing 4-year adjusted cohort graduation rates Civil Rights of the Department that is the (2)(N). and, at the State’s discretion, extended-year most recent to the date of the determination ‘‘(4) TECHNICAL ASSISTANCE.—Upon request adjusted cohort graduation rates. in the same manner that such information is by a State educational agency, the Secretary ‘‘(v) Information on indicators or measures presented on such survey on— shall provide technical assistance to such of school quality, climate and safety, and ‘‘(I) the number and percentage of— agency in order to meet the requirements of discipline, including the rates of in-school ‘‘(aa) students enrolled in gifted and tal- paragraph (2)(N). suspensions, out-of-school suspensions, ex- ented programs; ‘‘(d) REPORTS.— pulsions, school-related arrests, referrals to ‘‘(bb) students enrolled in rigorous ‘‘(1) ANNUAL STATE REPORT CARD.— law enforcement, chronic absenteeism (in- coursework to earn postsecondary credit ‘‘(A) IN GENERAL.—A State that receives cluding both excused and unexcused ab- while still in high school, such as Advanced assistance under this part shall prepare and sences), and incidences of violence, including Placement and International Baccalaureate disseminate widely to the public an annual bullying and harassment, that the State edu- courses and examinations, and dual or con- State report card for the State as a whole cational agency and each local educational current enrollment and early college high that meets the requirements of this para- agency in the State reported to the Civil schools; and graph. Rights Data Collection biennial survey re- ‘‘(cc) children enrolled in preschool pro- ‘‘(B) IMPLEMENTATION.— quired by the Office for Civil Rights of the grams; ‘‘(i) IN GENERAL.—The State report card re- Department that is the most recent to the ‘‘(II) the average class size, by grade; and quired under this paragraph shall be— date of the determination in the same man- ‘‘(III) any other indicators determined by ‘‘(I) concise; ner that such information is presented on the State. ‘‘(II) presented in an understandable and such survey. ‘‘(xiv) The number and percentage of stu- uniform format and, to the extent prac- ‘‘(vi) The minimum number of students dents attaining career and technical pro- ticable, in a language that parents can un- that the State determines are necessary to ficiencies, as defined by section 113(b) of the derstand; and be included in each of the categories of stu- Carl D. Perkins Career and Technical Edu- ‘‘(III) widely accessible to the public, dents, as defined in subsection (b)(3)(A), for cation Act of 2006 and reported by States which shall include making the State report use in the accountability system under sub- only in a manner consistent with section card, along with all local educational agency section (b)(3). 113(c) of that Act. and school report cards required under para- ‘‘(vii) The professional qualifications of ‘‘(xv) Results on the National Assessment graph (2), and the annual report to the Sec- teachers, principals, and other school leaders of Educational Progress in reading and retary under paragraph (5), available on a in the State, including information (that mathematics in grades 4 and 8 for the State, single webpage of the State educational shall be presented in the aggregate and compared to the national average. agency’s website. disaggregated by high-poverty compared to ‘‘(xvi) Information on the percentage of ‘‘(ii) ENSURING PRIVACY.—No State report low-poverty schools which, for the purpose of students, including for each of the categories card required under this paragraph shall in- this clause, means schools in each quartile of students, as defined in subsection clude any personally identifiable informa- based on school poverty level, and high–mi- (b)(3)(A), who did not meet the State goals tion about any student. Each such report nority and low–minority schools in the established under subsection (b)(3)(B). card shall be consistent with the privacy State) on the number, percentage, and dis- ‘‘(xvii) Information regarding the number protections under section 444 of the General tribution of— of military-connected students (which, for Education Provisions Act (20 U.S.C. 1232g, ‘‘(I) inexperienced teachers, principals, and purposes of this clause, shall mean students commonly known as the ‘Family Edu- other school leaders; with parents who serve in the uniformed cational Rights and Privacy Act of 1974’). ‘‘(II) teachers teaching with emergency or services, including the National Guard and ‘‘(C) MINIMUM REQUIREMENTS.—Each State provisional credentials; Reserves), and information regarding the report card required under this subsection ‘‘(III) teachers who are not teaching in the academic achievement of such students, ex- shall include the following information: subject or field for which the teacher is cer- cept that such information shall not be used ‘‘(i) A clear and concise description of the tified or licensed; for school or local educational agency ac- State’s accountability system under sub- ‘‘(IV) teachers, principals, and other school countability purposes under sections section (b)(3), including the goals for all stu- leaders who are ineffective, as determined by 1111(b)(3) and 1114.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00158 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.034 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5337 ‘‘(xviii) In the case of each coeducational shall still include the information under ‘‘(II) make the information widely avail- school in the State that receives assistance clauses (v) and (xiii) of subparagraph (C) in able through public means, including under this part— the State report card under this paragraph through electronic means, including posting ‘‘(I) a listing of the school’s interscholastic in the same manner that such information is in an easily accessible manner on the local sports teams that participated in athletic presented on such survey. educational agency’s website, except in the competition; ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY case in which an agency does not operate a ‘‘(II) for each such team— REPORT CARDS.— website, such agency shall determine how to ‘‘(aa) the total number of male and female ‘‘(A) IN GENERAL.— make the information available, such as participants, disaggregated by gender and ‘‘(i) PREPARATION AND DISSEMINATION.—A through distribution to the media, and dis- race; local educational agency that receives as- tribution through public agencies. ‘‘(bb) the season in which the team com- sistance under this part shall prepare and ‘‘(ii) EXCEPTION.—If a local educational peted, whether the team participated in disseminate an annual local educational agency issues a report card for all students, postseason competition, and the total num- agency report card that includes— the local educational agency may include ber of competitive events scheduled; ‘‘(I) information on such agency as a the information described in this paragraph ‘‘(cc) the total expenditures from all whole; and as part of such report. sources, including expenditures for travel, ‘‘(II) for each school served by the agency, ‘‘(3) PREEXISTING REPORT CARDS.—A State uniforms, facilities, and publicity for com- a school report card that meets the require- educational agency or local educational petitions; and ments of this paragraph. agency that was providing public report ‘‘(dd) the total number of coaches, train- ‘‘(ii) NO PERSONALLY IDENTIFIABLE INFOR- cards on the performance of students, ers, and medical personnel, and for each such MATION.—No local educational agency report schools, local educational agencies, or the individual an identification of such individ- card required under this paragraph shall in- State prior to the date of enactment of the ual’s employment status, and duties other clude any personally identifiable informa- Every Child Achieves Act of 2015, may use than providing coaching, training, or med- tion about any student. such report cards for the purpose of dissemi- ical services; and ‘‘(iii) CONSISTENT WITH FERPA.—Each local nating information under this subsection if ‘‘(III) the average annual salary of the educational agency report card shall be con- the report card is modified, as may be need- head coaches of boys’ interscholastic sports teams, across all offered sports, and the av- sistent with the privacy protections under ed, to contain the information required by erage annual salary of the head coaches of section 444 of the General Education Provi- this subsection. girls’ interscholastic sports teams, across all sions Act (20 U.S.C. 1232g, commonly known ‘‘(4) COST REDUCTION.—Each State edu- offered sports. as the ‘Family Educational Rights and Pri- cational agency and local educational agen- ‘‘(xix) for each high school in the State, vacy Act of 1974’). cy receiving assistance under this part shall, and beginning with the report card released ‘‘(B) IMPLEMENTATION.—Each local edu- wherever possible, take steps to reduce data in 2017, the cohort rate (in the aggregate, and cational agency report card shall be— collection costs and duplication of effort by disaggregated for each category of students ‘‘(i) concise; obtaining the information required under defined in subsection (b)(3)(A), except that ‘‘(ii) presented in an understandable and this subsection through existing data collec- such disaggregation shall not be required in uniform format, and to the extent prac- tion efforts. a case in which the number of students is in- ticable, in a language that parents can un- ‘‘(5) ANNUAL STATE REPORT TO THE SEC- sufficient to yield statistically reliable infor- derstand; and RETARY.—Each State educational agency re- mation or the results would reveal person- ‘‘(iii) accessible to the public, which shall ceiving assistance under this part shall re- ally identifiable information about an indi- include— port annually to the Secretary, and make vidual student) at which students who grad- ‘‘(I) placing such report card on the widely available within the State— uate from the high school enroll, for the first website of the local educational agency and ‘‘(A) information on student achievement academic year that begins after the stu- on the website of each school served by the on the academic assessments described in dents’ graduation— agency; and subsection (b)(2) for all students and ‘‘(I) in programs of public postsecondary ‘‘(II) in any case in which a local edu- disaggregated by each of the categories of education in the State; and cational agency or school does not operate a students, as defined in subsection (b)(3)(A), ‘‘(II) if data are available and to the extent website, providing the information to the including— practicable, in programs of private postsec- public in another manner determined by the ‘‘(i) the percentage of students who ondary education in the State or programs of local educational agency. achieved at each level of achievement the postsecondary education outside the State; ‘‘(C) MINIMUM REQUIREMENTS.—Each local State has set in subsection (b)(1); ‘‘(xx) if available and to the extent prac- educational agency report card required ‘‘(ii) the percentage of students who did ticable, for each high school in the State and under this paragraph shall include— not meet the State goals set in subsection beginning with the report card released in ‘‘(i) the information described in paragraph (b)(3)(B); and 2018, the remediation rate (in the aggregate, (1)(C), disaggregated in the same manner as ‘‘(iii) if applicable, the percentage of stu- and disaggregated for each category of stu- under paragraph (1)(C), except for clause (xv) dents making at least one year of academic dents defined in subsection (b)(3)(A), except of such paragraph, as applied to the local growth over the school year, as determined that such disaggregation shall not be re- educational agency, and each school served by the State; quired in a case in which the number of stu- by the local educational agency, including— ‘‘(B) the percentage of students assessed dents is insufficient to yield statistically re- ‘‘(I) in the case of a local educational agen- and not assessed on the academic assess- liable information or the results would re- cy, information that shows how students ments described in subsection (b)(2) for all veal personally identifiable information served by the local educational agency students and disaggregated by each category about an individual student) for students achieved on the academic assessments de- of students described in subsection who graduate from the high school at— scribed in subsection (b)(2) compared to stu- (b)(2)(B)(xi); ‘‘(I) programs of postsecondary education dents in the State as a whole; and ‘‘(C) for all students and disaggregated by in the State; and ‘‘(II) in the case of a school, information each of the categories of students, as defined ‘‘(II) programs of postsecondary education that shows how the school’s students’ in subsection (b)(3)(A)— outside the State; achievement on the academic assessments ‘‘(i) information on the performance on the ‘‘(xxi) Any additional information that the described in subsection (b)(2) compared to other academic indicator under subsection State believes will best provide parents, stu- students served by the local educational (b)(3)(B)(ii)(II)(aa) used by the State in the dents, and other members of the public with agency and the State as a whole; State accountability system; information regarding the progress of each of ‘‘(ii) any information required by the State ‘‘(ii) high school graduation rates, includ- the State’s public elementary schools and under paragraph (1)(C)(xviii); and ing 4-year adjusted cohort graduation rates secondary schools. ‘‘(iii) any other information that the local and, at the State’s discretion, extended-year ‘‘(D) RULE OF CONSTRUCTION.— educational agency determines is appro- adjusted cohort graduation rates; and ‘‘(i) IN GENERAL.—Nothing in clause (v) or priate and will best provide parents, stu- ‘‘(iii) information on each State-deter- (xiii) of subparagraph (C) shall be construed dents, and other members of the public with mined indicator of school quality, success, or as requiring a State to report any data that information regarding the progress of each student support under subsection are not otherwise required or voluntarily public school served by the local educational (b)(3)(B)(ii)(IV) selected by the State in the submitted to the Civil Rights Data Collec- agency, whether or not such information is State accountability system; tion biennial survey required by the Office included in the annual State report card. ‘‘(D) information on the acquisition of for Civil Rights of the Department. ‘‘(D) PUBLIC DISSEMINATION.— English language proficiency by students ‘‘(ii) CONTINUATION OF SUBMISSION TO DE- ‘‘(i) IN GENERAL.—Except as provided in who are English learners; PARTMENT OF INFORMATION.—If, at any time clause (ii), a local educational agency shall— ‘‘(E) the per-pupil expenditures of Federal, after the date of enactment of the Every ‘‘(I) publicly disseminate the information State, and local funds, including actual staff Child Achieves Act of 2015, the Civil Rights described in this paragraph to all schools in personnel expenditures and actual nonper- Data Collection biennial survey is no longer the school district served by the local edu- sonnel expenditures, disaggregated by source conducted by the Office for Civil Rights of cational agency and to all parents of stu- of funds for each school served by the agency the Department, a State educational agency dents attending such schools; and for the preceding fiscal year;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00159 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.034 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5338 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(F) the number and percentage of stu- ing on the status and performance of stu- for any fiscal year only if such agency has on dents with the most significant cognitive dents, disaggregated by achievement level file with the State educational agency a disabilities that take an alternate assess- and by each of the categories of students, as plan, approved by the State educational ment under subsection (b)(2)(D), by grade defined in subsection (b)(3)(A), and by stu- agency, that— and subject; dents in rural schools; ‘‘(A) is developed with timely and mean- ‘‘(G) the number and names of the schools ‘‘(iv) analyze data on Federal, State, and ingful consultation with teachers, principals, identified as in need of intervention and sup- local expenditures on education, including other school leaders, public charter school port under section 1114, and the school inter- per-pupil spending, teacher salaries, school- representatives (if applicable), specialized in- vention and support strategies developed and level spending, and other financial data pub- structional support personnel, paraprofes- implemented by the local educational agen- licly available, and report on current trends sionals (including organizations representing cy under section 1114(b) to address the needs and major findings; and such individuals), administrators (including of students in each school; ‘‘(v) analyze information on the teaching, administrators of programs described in ‘‘(H) the number of students and schools principal, and other school leader profes- other parts of this title), and other appro- that participated in public school choice sions, including education and training, re- priate school personnel, and with parents of under section 1114(b)(4); tention and mobility, and effectiveness in children in schools served under this part; ‘‘(I) information on the quality and effec- improving student achievement. ‘‘(B) satisfies the requirements of this sec- tiveness of teachers for each quartile of ‘‘(B) SPECIAL RULE.—The information used tion; and schools based on the school’s poverty level to prepare the report described in subpara- ‘‘(C) as appropriate, is coordinated with and high–minority and low–minority schools graph (A) shall be derived from existing other programs under this Act, the Individ- in the local educational agencies in the State and local reporting requirements and uals with Disabilities Education Act, the Re- State, including the number, percentage, and data sources. Nothing in this paragraph shall habilitation Act of 1973, the Carl D. Perkins distribution of— be construed as authorizing, requiring, or al- Career and Technical Education Act of 2006, ‘‘(i) inexperienced teachers; lowing any additional reporting require- the Workforce Innovation and Opportunity ‘‘(ii) teachers who are not teaching in the ments, data elements, or information to be Act, the Head Start Act, the Child Care and subject or field for which the teacher is cer- reported to the Secretary not otherwise ex- Development Block Grant Act of 1990, the tified or licensed; and plicitly authorized by any other Federal law. Education Sciences Reform Act of 2002, the ‘‘(iii) teachers who are not effective, as de- ‘‘(C) PUBLIC RECOGNITION.—The Secretary Education Technical Assistance Act, the Na- termined by the State if the State has a may identify and publicly recognize States, tional Assessment of Educational Progress statewide teacher, principal, or other school local educational agencies, schools, pro- Authorization Act, the McKinney-Vento leader evaluation system; and grams, and individuals for exemplary per- Homeless Assistance Act, and the Adult Edu- ‘‘(J) if the State has a statewide teacher, formance. cation and Family Literacy Act. principal, or other school leader evaluation ‘‘(2) CONSOLIDATED APPLICATION.—The plan ‘‘(e) VOLUNTARY PARTNERSHIPS.— system, information on the results of such may be submitted as part of a consolidated ‘‘(1) IN GENERAL.—Nothing in this section teacher, principal, or other school leader shall be construed to prohibit a State from application under section 9305. evaluation systems that does not reveal per- entering into a voluntary partnership with ‘‘(3) STATE REVIEW AND APPROVAL.— ‘‘(A) IN GENERAL.—Each local educational sonally identifiable information. another State to develop and implement the ‘‘(6) PRESENTATION OF DATA.— agency plan shall be filed according to a academic assessments, challenging State ‘‘(A) IN GENERAL.—A State educational schedule established by the State edu- academic standards, and accountability sys- agency or local educational agency shall cational agency. tems required under this section. only include in its annual report card de- ‘‘(B) APPROVAL.—The State educational ‘‘(2) PROHIBITION.—The Secretary shall be scribed under paragraphs (1) and (2) data agency shall approve a local educational prohibited from requiring or coercing a that are sufficient to yield statistically reli- agency’s plan only if the State educational State to enter into a voluntary partnership able information, and that do not reveal per- agency determines that the local edu- described in paragraph (1), including— sonally identifiable information about an in- cational agency’s plan meets the require- ‘‘(A) as a condition of approval of a State dividual student, teacher, principal, or other ments of this part and enables children plan under this section; school leader. served under this part to meet the chal- ‘‘(B) as a condition of an award of Federal ‘‘(B) STUDENT PRIVACY.—In carrying out lenging State academic standards described funds under any grant, contract, or coopera- this subsection, student education records in section 1111(b)(1). tive agreement; shall not be released without written con- ‘‘(4) DURATION.—Each local educational ‘‘(C) as a condition of approval of a waiver sent consistent with section 444 of the Gen- agency plan shall be submitted for the first under section 9401; or eral Education Provisions Act (20 U.S.C. year for which this part is in effect following ‘‘(D) by providing any priority, preference, 1232g, commonly known as the ‘Family Edu- the date of enactment of the Every Child or special consideration during the applica- cational Rights and Privacy Act of 1974’). Achieves Act of 2015 and shall remain in ef- tion process under any grant, contract, or ‘‘(7) REPORT TO CONGRESS.—The Secretary fect for the duration of the agency’s partici- cooperative agreement. shall transmit annually to the Committee on pation under this part. ‘‘(f) SPECIAL RULE WITH RESPECT TO BU- Health, Education, Labor, and Pensions of ‘‘(5) REVIEW.—Each local educational agen- REAU-FUNDED SCHOOLS.—In determining the the Senate and the Committee on Education cy shall periodically review and, as nec- assessments to be used by each school oper- and the Workforce of the House of Rep- essary, revise its plan to reflect changes in ated or funded by the Bureau of Indian Edu- resentatives a report that provides national- the local educational agency’s strategies and cation of the Department of the Interior that and State-level data on the information col- programs under this part. receives funds under this part, the following lected under paragraph (5). Such report shall ‘‘(6) RENEWAL.—A local educational agency shall apply: be submitted through electronic means only. that desires to continue participating in a ‘‘(1) Each such school that is accredited by ‘‘(8) SECRETARY’S REPORT CARD.— program under this part shall submit a re- the State in which it is operating shall use ‘‘(A) IN GENERAL.—Not later than July 1, newed plan on a periodic basis, as deter- the assessments the State has developed and 2017, and annually thereafter, the Secretary, mined by the State. implemented to meet the requirements of acting through the Director of the Institute ‘‘(b) PLAN PROVISIONS.—To ensure that all of Education Sciences, shall transmit to the this section, or such other appropriate as- children receive a high-quality education Committee on Health, Education, Labor, and sessment as approved by the Secretary of the that prepares them for postsecondary edu- Pensions of the Senate and the Committee Interior. cation or the workforce without the need for on Education and the Workforce of the ‘‘(2) Each such school that is accredited by postsecondary remediation, and to close the House of Representatives a national report a regional accrediting organization shall achievement gap between children meeting card on the status of elementary and sec- adopt an appropriate assessment in consulta- the challenging State academic standards ondary education in the United States. Such tion with, and with the approval of, the Sec- and those who are not, each local edu- report shall— retary of the Interior and consistent with as- cational agency plan shall describe— ‘‘(i) analyze existing data from State re- sessments adopted by other schools in the ‘‘(1) how the local educational agency will ports required under this Act, the Individ- same State or region, that meets the re- work with each of the schools served by the uals with Disabilities Education Act, and the quirements of this section. agency so that students meet the chal- Carl D. Perkins Career and Technical Edu- ‘‘(3) Each such school that is accredited by lenging State academic standards by— cation Act of 2006, and summarize major a tribal accrediting agency or tribal division ‘‘(A) developing and implementing a com- findings from such reports; of education shall use an assessment devel- prehensive program of instruction to meet ‘‘(ii) analyze data from the National As- oped by such agency or division, except that the academic needs of all students; sessment of Educational Progress and com- the Secretary of the Interior shall ensure ‘‘(B) identifying quickly and effectively parable international assessments; that such assessment meets the require- students who may be at risk for academic ‘‘(iii) identify trends in student achieve- ments of this section. failure; ment and high school graduation rates (in- ‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. ‘‘(C) providing additional educational as- cluding 4-year adjusted cohort graduation ‘‘(a) PLANS REQUIRED.— sistance to individual students determined rates and extended-year adjusted cohort ‘‘(1) SUBGRANTS.—A local educational agen- as needing help in meeting the challenging graduation rates), by analyzing and report- cy may receive a subgrant under this part State academic standards;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00160 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.035 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5339 ‘‘(D) identifying significant gaps in student Sciences Reform Act of 2002, violence preven- clude how the local educational agency academic achievement and graduation rates tion programs, nutrition programs, and will— between each of the categories of students, housing programs; ‘‘(A) assist schools in identifying and serv- as defined in section 1111(b)(3)(A), and devel- ‘‘(11) how teachers and school leaders, in ing gifted and talented students; oping strategies to reduce such gaps in consultation with parents, administrators, ‘‘(B) assist schools in developing effective achievement and graduation rates; and paraprofessionals, and specialized instruc- school library programs to provide students ‘‘(E) identifying and implementing evi- tional support personnel, in schools oper- an opportunity to develop digital literacy dence-based methods and instructional strat- ating a targeted assistance school program skills and to help ensure that all students egies intended to strengthen the academic under section 1113, will identify the eligible graduate from high school prepared for post- program of the school and improve school children most in need of services under this secondary education or the workforce with- climate; part; out the need for remediation; and ‘‘(2) how the local educational agency will ‘‘(12) in the case of a local educational ‘‘(C) encourage the offering of a variety of monitor and evaluate the effectiveness of agency that proposes to use funds under this well-rounded education experiences to stu- school programs in improving student aca- part to support a multi-tiered system of sup- dents. demic achievement and academic growth, if ports, positive behavioral interventions and ‘‘(c) ASSURANCES.—Each local educational applicable, especially for students not meet- supports, or early intervening services, how agency plan shall provide assurances that ing the challenging State academic stand- the local educational agency will provide the local educational agency will— ards; such activities and services and coordinate ‘‘(1) ensure that migratory children and ‘‘(3) how the local educational agency them with similar activities and services formerly migratory children who are eligible will— carried out under the Individuals with Dis- to receive services under this part are se- ‘‘(A) ensure that all teachers and para- abilities Education Act in schools served by lected to receive such services on the same professionals working in a program sup- the local educational agency, including by basis as other children who are selected to ported with funds under this part meet appli- providing technical assistance, training, and receive services under this part; cable State certification and licensure re- evaluation of the activities and services; ‘‘(2) provide services to eligible children at- quirements, including alternative certifi- ‘‘(13) how the local educational agency will tending private elementary schools and sec- cation requirements; and provide opportunities for the enrollment, at- ondary schools in accordance with section ‘‘(B) identify and address, as required tendance, and success of homeless children 1116, and timely and meaningful consultation under State plans as described in section and youths consistent with the requirements with private school officials regarding such 1111(c)(1)(F), any disparities that result in of the McKinney-Vento Homeless Assistance services; low-income students and minority students Act and the services the local educational ‘‘(3) participate, if selected, in the National being taught at higher rates than other stu- agency will provide homeless children and Assessment of Educational Progress in read- dents by ineffective, inexperienced, and out- youths; ing and mathematics in grades 4 and 8 car- of-field teachers; ‘‘(14) how the local educational agency will ried out under section 303(b)(3) of the Na- ‘‘(4) the actions the local educational agen- implement strategies to facilitate effective tional Assessment of Educational Progress cy will take to assist schools identified as in transitions for students from middle school Authorization Act; need of intervention and support under sec- to high school and from high school to post- ‘‘(4) coordinate and integrate services pro- tion 1114, including the lowest-performing secondary education, including— vided under this part with other educational schools in the local educational agency, and ‘‘(A) if applicable, through coordination services at the local educational agency or schools identified for other reasons, includ- with institutions of higher education, em- individual school level, such as services for ing schools with categories of students, as ployers, and other local partners to English learners, children with disabilities, defined in section 1111(b)(3)(A), not meeting seamlessly transition students from high migratory children, American Indian, Alas- the goals described in section 1111(b)(3)(B), to school into postsecondary education or ca- ka Native, and Native Hawaiian children, improve student academic achievement, the reers without remediation; and and homeless children, in order to increase funds used to conduct such actions, and how ‘‘(B) a description of the specific transition program effectiveness, eliminate duplica- such agency will monitor such actions; activities the local educational agency will tion, and reduce fragmentation of the in- ‘‘(5) the poverty criteria that will be used take, such as providing students with access structional program; to select school attendance areas under sec- to early college high school or dual or con- ‘‘(5) collaborate with the State or local tion 1113; current enrollment opportunities that enable child welfare agency and, by not later than 1 ‘‘(6) the programs to be conducted by such students during high school to earn postsec- year after the date of enactment of the agency’s schools under section 1113 and, ondary credit or an industry-recognized cre- Every Child Achieves Act of 2015, develop where appropriate, educational services out- dential that meets any quality standards re- and implement clear written procedures gov- side such schools for children living in local quired by the State or utilizing comprehen- erning how transportation to maintain chil- institutions for neglected or delinquent chil- sive career counseling to identify student in- dren in foster care in their school of origin dren, and for neglected and delinquent chil- terests and skills; when in their best interest will be provided, dren in community day school programs; ‘‘(15) how the local educational agency will arranged, and funded for the duration of the ‘‘(7) the services the local educational address school discipline issues, which may time in foster care, which procedures shall— agency will provide homeless children, in- include identifying and supporting schools ‘‘(A) ensure that children in foster care cluding services provided with funds reserved with significant discipline disparities, or needing transportation to the school of ori- under section 1113(a)(4)(A)(i); high rates of discipline, disaggregated by gin will promptly receive transportation in a ‘‘(8) the strategy the local educational each of the categories of students, as defined cost-effective manner and in accordance agency will use to implement effective par- in section 1111(b)(3)(A), including by pro- with section 475(4)(A) of the Social Security ent and family engagement under section viding technical assistance on effective Act (42 U.S.C. 675(4)(A)); and 1115; strategies to reduce such disparities and ‘‘(B) ensure that, if there are additional ‘‘(9) if applicable, how the local edu- high rates; costs incurred in providing transportation to cational agency will coordinate and inte- ‘‘(16) how the local educational agency will maintain children in foster care in their grate services provided under this part with address school climate issues, which may in- schools of origin, the local educational agen- preschool educational services at the local clude identifying and improving performance cy will provide transportation to the school educational agency or individual school on school climate indicators related to stu- of origin if— level, such as Head Start programs, the lit- dent achievement and providing technical ‘‘(i) the local child welfare agency agrees eracy program under part D of title II, State- assistance to schools; to reimburse the local educational agency funded preschool programs, and other com- ‘‘(17) how the local educational agency will for the cost of such transportation; munity-based early childhood education pro- provide opportunities for the enrollment, at- ‘‘(ii) the local educational agency agrees to grams, including plans for the transition of tendance, and success of expectant and par- pay for the cost of such transportation; or participants in such programs to local ele- enting students and the services the local ‘‘(iii) the local educational agency and the mentary school programs; educational agency will provide expectant local child welfare agency agree to share the ‘‘(10) how the local educational agency will and parenting students; cost of such transportation; and coordinate programs and integrate services ‘‘(18) if determined appropriate by the local ‘‘(6) designate a point of contact if the cor- under this part with other Federal, State, educational agency, how such agency will responding child welfare agency notifies the tribal, and local services and programs, in- support programs that promote integrated local educational agency, in writing, that cluding programs supported under this Act, academic and career and technical education the agency has designated an employee to the Carl D. Perkins Career and Technical content through coordinated instructional serve as a point of contact for the local edu- Education Act of 2006, the Individuals with strategies, that may incorporate experien- cational agency. Disabilities Education Act, the Rehabilita- tial learning opportunities; and ‘‘(d) PARENTS RIGHT-TO-KNOW.— tion Act of 1973, the Head Start Act, the ‘‘(19) any other information on how the ‘‘(1) INFORMATION FOR PARENTS .— Child Care and Development Block Grant local educational agency proposes to use ‘‘(A) IN GENERAL.—At the beginning of each Act of 1990, the Workforce Innovation and funds to meet the purposes of this part, and school year, a local educational agency that Opportunity Act, the McKinney-Vento that the local educational agency deter- receives funds under this part shall notify Homeless Assistance Act, and the Education mines appropriate to provide, which may in- the parents of each student attending any

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00161 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.035 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5340 CONGRESSIONAL RECORD — SENATE July 21, 2015 school receiving funds under this part that fied for participation or participating in subsection shall be in an understandable and the parents may request, and the agency will such a program, of— uniform format and, to the extent prac- provide the parents on request (and in a ‘‘(i) the reasons for the identification of ticable, provided in a language that the par- timely manner), information regarding any their child as an English learner and in need ents can understand. State or local educational agency policy, of placement in a language instruction edu- ‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE procedure, or parental right regarding stu- cational program; AREAS; SCHOOLWIDE PROGRAMS; dent participation in any mandated assess- ‘‘(ii) the child’s level of English pro- TARGETED ASSISTANCE PROGRAMS. ments for that school year, in addition to in- ficiency, how such level was assessed, and ‘‘(a) ELIGIBLE SCHOOL ATTENDANCE formation regarding the professional quali- the status of the child’s academic achieve- AREAS.— fications of the student’s classroom teachers, ment; ‘‘(1) DETERMINATION.— including at a minimum, the following: ‘‘(iii) the methods of instruction used in ‘‘(A) IN GENERAL.—A local educational ‘‘(i) Whether the teacher has met State the program in which their child is, or will agency shall use funds received under this qualification and licensing criteria for the be, participating and the methods of instruc- part only in eligible school attendance areas. grade levels and subject areas in which the tion used in other available programs, in- ‘‘(B) ELIGIBLE SCHOOL ATTENDANCE AREAS.— teacher provides instruction. cluding how such programs differ in content, In this part— ‘‘(ii) Whether the teacher is teaching under instructional goals, and the use of English ‘‘(i) the term ‘school attendance area’ emergency or other provisional status and a native language in instruction; means, in relation to a particular school, the through which State qualification or licens- ‘‘(iv) how the program in which their child geographical area in which the children who ing criteria have been waived. is, or will be, participating will meet the are normally served by that school reside; ‘‘(iii) The field of discipline of the certifi- educational strengths and needs of their and cation of the teacher. child; ‘‘(ii) the term ‘eligible school attendance ‘‘(iv) Whether the child is provided services ‘‘(v) how such program will specifically area’ means a school attendance area in by paraprofessionals and, if so, their quali- help their child learn English and meet age- which the percentage of children from low- fications. appropriate academic achievement standards income families is at least as high as the per- ‘‘(B) ADDITIONAL INFORMATION.—In addition for grade promotion and graduation; centage of children from low-income families to the information that parents may request ‘‘(vi) the specific exit requirements for the under subparagraph (A), a school that re- program, including the expected rate of tran- served by the local educational agency as a ceives funds under this part shall provide to sition from such program into classrooms whole. each individual parent of a child who is a that are not tailored for children who are ‘‘(C) RANKING ORDER.— student in such school, with respect to such English learners, and the expected rate of ‘‘(i) IN GENERAL.—Except as provided in student— graduation from high school (including 4- clause (ii), if funds allocated in accordance ‘‘(i) information on the level of achieve- year adjusted cohort graduation rates and with paragraph (3) are insufficient to serve ment and academic growth of the student, if extended-year adjusted cohort graduation all eligible school attendance areas, a local applicable and available, on each of the rates for such program) if funds under this educational agency shall— State academic assessments required under part are used for children in high schools; ‘‘(I) annually rank, without regard to this part; and ‘‘(vii) in the case of a child with a dis- grade spans, such agency’s eligible school at- ‘‘(ii) timely notice that the student has ability, how such program meets the objec- tendance areas in which the concentration of been assigned, or has been taught for 4 or tives of the individualized education pro- children from low-income families exceeds 75 more consecutive weeks by, a teacher who gram of the child, as described in section percent, or exceeds 50 percent in the case of does not meet applicable State certification 614(d) of the Individuals with Disabilities the high schools served by such agency, from or licensure requirements at the grade level Education Act; and highest to lowest according to the percent- and subject area in which the teacher has ‘‘(viii) information pertaining to parental age of children from low-income families; been assigned. rights that includes written guidance— and ‘‘(2) TESTING TRANSPARENCY.— ‘‘(I) detailing the right that parents have ‘‘(II) serve such eligible school attendance ‘‘(A) IN GENERAL.—Subject to subparagraph to have their child immediately removed areas in rank order. (B), each local educational agency that re- from such program upon their request; ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in ceives funds under this part shall make wide- ‘‘(II) detailing the options that parents this subparagraph shall be construed as re- ly available through public means (including have to decline to enroll their child in such quiring a local educational agency to reduce, by posting in a clear and easily accessible program or to choose another program or in order to comply with clause (i), the manner on the local educational agency’s method of instruction, if available; and amount of funding provided under this part website and, where practicable, on the ‘‘(III) assisting parents in selecting among to elementary schools and middle schools website of each school served by the local various programs and methods of instruc- from the amount of funding provided under educational agency) for each grade served by tion, if more than 1 program or method is of- this part to such schools for the fiscal year the local educational agency, information on fered by the eligible entity. preceding the date of enactment of the Every each assessment required by the State to ‘‘(B) SPECIAL RULE APPLICABLE DURING THE Child Achieves Act of 2015 in order to provide comply with section 1111, other assessments SCHOOL YEAR.—For those children who have funding under this part to high schools pur- required by the State, and where such infor- not been identified as English learners prior suant to clause (i). mation is available and feasible to report, to the beginning of the school year but are ‘‘(D) REMAINING FUNDS.—If funds remain assessments required districtwide by the identified as English learners during such after serving all eligible school attendance local educational agency, including— school year, the local educational agency areas under subparagraph (C), a local edu- ‘‘(i) the subject matter assessed; shall notify the children’s parents during the cational agency shall— ‘‘(ii) the purpose for which the assessment first 2 weeks of the child being placed in a ‘‘(i) annually rank such agency’s remain- is designed and used; language instruction educational program ing eligible school attendance areas from ‘‘(iii) the source of the requirement for the consistent with subparagraph (A). highest to lowest either by grade span or for assessment; and ‘‘(C) PARENTAL PARTICIPATION.—Each local the entire local educational agency accord- ‘‘(iv) where such information is available— educational agency receiving funds under ing to the percentage of children from low- ‘‘(I) the amount of time students will spend this part and title III shall implement an ef- income families; and taking the assessment, and the schedule and fective means of outreach to parents of chil- ‘‘(ii) serve such eligible school attendance calendar for the assessment; and dren who are English learners to inform the areas in rank order either within each grade- ‘‘(II) the time and format for disseminating parents how the parents can be involved in span grouping or within the local edu- results. the education of their children, and be active cational agency as a whole. ‘‘(B) LOCAL EDUCATIONAL AGENCY THAT DOES participants in assisting their children to at- ‘‘(E) MEASURES.— NOT OPERATE A WEBSITE.—In the case of a tain English proficiency, achieve at high lev- ‘‘(i) IN GENERAL.—Except as provided in local educational agency that does not oper- els in core academic subjects, and meet the clause (ii), a local educational agency shall ate a website, such local educational agency challenging State academic standards ex- use the same measure of poverty, which shall determine how to make the informa- pected of all students, including holding, and measure shall be the number of children aged tion described in subparagraph (A) widely sending notice of opportunities for, regular 5 through 17 in poverty counted in the most available, such as through distribution of meetings for the purpose of formulating and recent census data approved by the Sec- that information to the media, through pub- responding to recommendations from par- retary, the number of children eligible for a lic agencies, or directly to parents. ents of students assisted under this part and free or reduced price lunch under the Rich- ‘‘(3) LANGUAGE INSTRUCTION.— title III. ard B. Russell National School Lunch Act, ‘‘(A) NOTICE.—Each local educational agen- ‘‘(D) BASIS FOR ADMISSION OR EXCLUSION.—A the number of children in families receiving cy using funds under this part or title III to student shall not be admitted to, or excluded assistance under the State program funded provide a language instruction educational from, any federally assisted education pro- under part A of title IV of the Social Secu- program as determined under title III shall, gram on the basis of a surname or language- rity Act, or the number of children eligible not later than 30 days after the beginning of minority status. to receive medical assistance under the Med- the school year, inform a parent or parents ‘‘(3) NOTICE AND FORMAT.—The notice and icaid program established under title XIX of of a child who is an English learner identi- information provided to parents under this the Social Security Act, or a composite of

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00162 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.035 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5341 such indicators, with respect to all school at- attendance area in which such children re- of failing, to meet the challenging State aca- tendance areas in the local educational agen- side is assisted under subparagraph (A). demic standards and any other factors as de- cy— ‘‘(3) ALLOCATIONS.— termined by the local educational agency; ‘‘(I) to identify eligible school attendance ‘‘(A) IN GENERAL.—A local educational and areas; agency shall allocate funds received under ‘‘(B) conducted with the participation of ‘‘(II) to determine the ranking of each this part to eligible school attendance areas individuals who would carry out the area; and or eligible schools, identified under para- schoolwide plan, including those individuals ‘‘(III) to determine allocations under para- graphs (1) and (2) in rank order, on the basis under subsection (c)(2)(B). graph (3). of the total number of children from low-in- ‘‘(3) COORDINATION.—The needs assessment ‘‘(ii) SECONDARY SCHOOLS.—For measuring come families in each area or school. under paragraph (2) may be undertaken as the number of students in low-income fami- ‘‘(B) SPECIAL RULE.— part of other related needs assessments lies in secondary schools, the local edu- ‘‘(i) IN GENERAL.—Except as provided in under this Act. cational agency shall use the same measure clause (ii), the per-pupil amount of funds al- ‘‘(c) SCHOOLWIDE PROGRAMS.— of poverty, which shall be— located to each school attendance area or ‘‘(1) IN GENERAL.— ‘‘(I) the calculation described under clause school under subparagraph (A) shall be at ‘‘(A) ELIGIBILITY.—A local educational (i); or least 125 percent of the per-pupil amount of agency may consolidate and use funds under ‘‘(II) an accurate estimate of the number of funds a local educational agency received for this part, together with other Federal, State, students in low-income families in a sec- that year under the poverty criteria de- and local funds, in order to upgrade the en- ondary school that is calculated by applying scribed by the local educational agency in tire educational program of a school that the average percentage of students in low-in- the plan submitted under section 1112, except serves an eligible school attendance area in come families of the elementary school at- that this clause shall not apply to a local which not less than 40 percent of the chil- tendance areas as calculated under clause (i) educational agency that only serves schools dren are from low-income families, or not that feed into the secondary school to the in which the percentage of such children is 35 less than 40 percent of the children enrolled number of students enrolled in such school. percent or greater. in the school are from such families. ‘‘(F) EXCEPTION.—This subsection shall not ‘‘(ii) EXCEPTION.—A local educational agen- ‘‘(B) EXCEPTION.—A school that serves an apply to a local educational agency with a cy may reduce the amount of funds allocated eligible school attendance area in which less total enrollment of less than 1,000 children. under clause (i) for a school attendance area than 40 percent of the children are from low- ‘‘(G) WAIVER FOR DESEGREGATION PLANS.— or school by the amount of any supplemental income families, or a school for which less The Secretary may approve a local edu- State and local funds expended in that than 40 percent of the children enrolled in cational agency’s written request for a waiv- school attendance area or school for pro- the school are from such families, may oper- er of the requirements of this paragraph and grams that meet the requirements of this ate a schoolwide program under this section paragraph (3) and permit such agency to section. if— treat as eligible, and serve, any school that ‘‘(4) RESERVATION OF FUNDS.— ‘‘(i) the local educational agency in which children attend with a State-ordered, court- ‘‘(A) IN GENERAL.—A local educational the school is located allows such school to do ordered school desegregation plan or a plan agency shall reserve such funds as are nec- so; and that continues to be implemented in accord- essary under this part to provide services ‘‘(ii) the results of the comprehensive ance with a State-ordered or court-ordered comparable to those provided to children in needs assessment conducted under sub- desegregation plan, if— schools funded under this part to serve— section (b)(2) determine a schoolwide pro- ‘‘(i) the number of economically disadvan- ‘‘(i) homeless children, including providing gram will best serve the needs of the stu- taged children enrolled in the school is at educationally related support services to dents in the school served under this part in least 25 percent of the school’s total enroll- children in shelters and other locations improving academic achievement and other ment; and where children may live; factors. ‘‘(ii) the Secretary determines, on the basis ‘‘(ii) children in local institutions for ne- ‘‘(2) SCHOOLWIDE PROGRAM PLAN.—An eligi- of a written request from such agency and in glected children; and ble school operating a schoolwide program accordance with such criteria as the Sec- ‘‘(iii) if appropriate, children in local insti- shall develop a comprehensive plan, in con- retary establishes, that approval of that re- tutions for delinquent children, and ne- sultation with the local educational agency, quest would further the purposes of this part. glected or delinquent children in community tribes and tribal organizations present in the ‘‘(2) LOCAL EDUCATIONAL AGENCY DISCRE- day programs. community, and other individuals as deter- TION.— ‘‘(B) HOMELESS CHILDREN AND YOUTH.— mined by the school, that— ‘‘(A) IN GENERAL.—Notwithstanding para- Funds reserved under subparagraph (A)(i) ‘‘(A) is developed during a 1-year period, graph (1)(B), a local educational agency may be— unless— may— ‘‘(i) determined based on a needs assess- ‘‘(i) the local educational agency deter- ‘‘(i) designate as eligible any school at- ment of homeless children and youths in the mines in consultation with the school that tendance area or school in which at least 35 local educational agency, as conducted under less time is needed to develop and implement percent of the children are from low-income section 723(b)(1) of the McKinney-Vento the schoolwide program; or families; Homeless Assistance Act; and ‘‘(ii) the school is operating a schoolwide ‘‘(ii) use funds received under this part in ‘‘(ii) used to provide homeless children and program on the day before the date of enact- a school that is not in an eligible school at- youths with services not ordinarily provided ment of the Every Child Achieves Act of 2015, tendance area, if the percentage of children to other students under this part, including in which case such school may continue to from low-income families enrolled in the providing— operate such program, but shall develop school is equal to or greater than the per- ‘‘(I) funding for the liaison designated pur- amendments to its existing plan during the centage of such children in a participating suant to section 722(g)(1)(J)(ii) of such Act; first year of assistance after that date to re- school attendance area of such agency; and flect the provisions of this section; ‘‘(iii) designate and serve a school attend- ‘‘(II) transportation pursuant to section ‘‘(B) is developed with the involvement of ance area or school that is not eligible under 722(g)(1)(J)(iii) of such Act. parents and other members of the commu- this section, but that was eligible and that ‘‘(5) EARLY CHILDHOOD EDUCATION.—A local nity to be served and individuals who will was served in the preceding fiscal year, but educational agency may reserve funds made carry out such plan, including teachers, prin- only for 1 additional fiscal year; and available to carry out this section to provide cipals, other school leaders, paraprofes- ‘‘(iv) elect not to serve an eligible school early childhood education programs for eligi- sionals present in the school, and adminis- attendance area or eligible school that has a ble children. trators (including administrators of pro- higher percentage of children from low-in- ‘‘(b) SCHOOLWIDE PROGRAMS AND TARGETED grams described in other parts of this title), come families if— ASSISTANCE SCHOOLS.— and, if appropriate, specialized instructional ‘‘(I) the school meets the comparability re- ‘‘(1) IN GENERAL.—For each school that will support personnel, technical assistance pro- quirements of section 1117(c); receive funds under this part, the local edu- viders, school staff, and students; ‘‘(II) the school is receiving supplemental cational agency shall determine whether the ‘‘(C) remains in effect for the duration of funds from other State or local sources that school shall operate a schoolwide program the school’s participation under this part, are spent according to the requirements of consistent with subsection (c) or a targeted except that the plan and the implementation this section; and assistance school program consistent with of, and results achieved by, the schoolwide ‘‘(III) the funds expended from such other subsection (d). program shall be regularly monitored and re- sources equal or exceed the amount that ‘‘(2) NEEDS ASSESSMENT.—The determina- vised as necessary to ensure that students would be provided under this part. tion under paragraph (1) shall be— are meeting the challenging State academic ‘‘(B) SPECIAL RULE.—Notwithstanding sub- ‘‘(A) based on a comprehensive needs as- standards; paragraph (A)(iv), the number of children at- sessment of the entire school that takes into ‘‘(D) is available to the local educational tending private elementary schools and sec- account information on the academic agency, parents, and the public, and the in- ondary schools who are to receive services, achievement of children in relation to the formation contained in such plan shall be in and the assistance such children are to re- challenging State academic standards under an understandable and uniform format and, ceive under this part, shall be determined section 1111(b)(1), particularly the needs of to the extent practicable, provided in a lan- without regard to whether the public school those children who are failing, or are at-risk guage that the parents can understand;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00163 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.035 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5342 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(E) if appropriate and applicable, devel- help transition such children to local ele- in consultation with the local educational oped in coordination and integration with mentary school programs. agency and other individuals as determined other Federal, State, and local services, re- ‘‘(3) IDENTIFICATION OF STUDENTS NOT RE- by the school, that includes— sources, and programs, such as programs QUIRED.— ‘‘(A) a description of the results of the supported under this Act, violence preven- ‘‘(A) IN GENERAL.—No school participating comprehensive needs assessments of the en- tion programs, nutrition programs, housing in a schoolwide program shall be required to tire school required under subsection (b)(2); programs, Head Start programs, adult edu- identify— ‘‘(B) a description of the process for deter- cation programs, career and technical edu- ‘‘(i) particular children under this part as mining which students will be served and the cation programs, and interventions and sup- eligible to participate in a schoolwide pro- students to be served; ports for schools identified as in need of gram; or ‘‘(C) a description of how the activities intervention and support under section 1114; ‘‘(ii) individual services as supplementary. supported under this part will be coordinated and ‘‘(B) SUPPLEMENTAL FUNDS.—In accordance with and incorporated into the regular edu- ‘‘(F) includes a description of— with the method of determination described cation program of the school; ‘‘(i) the results of the comprehensive needs in section 1117, a school participating in a ‘‘(D) a description of how the program will assessments of the entire school required schoolwide program shall use funds available serve participating students identified under under subsection (b)(2); to carry out this paragraph only to supple- paragraph (3)(A)(ii), including by— ‘‘(ii) the strategies that the school will be ment the amount of funds that would, in the ‘‘(i) using resources under this part, such implementing to address school needs, in- absence of funds under this part, be made as support for programs, activities, and available from non-Federal sources for the courses in core academic subjects to help cluding a description of how such strategies school, including funds needed to provide participating children meet the challenging will— services that are required by law for children State academic standards; ‘‘(I) provide opportunities for all children, with disabilities and children who are ‘‘(ii) using methods and instructional including each of the categories of students, English learners. strategies that are evidence-based to as defined in section 1111(b)(3)(A), to meet ‘‘(4) EXEMPTION FROM STATUTORY AND REGU- strengthen the core academic program of the the challenging State academic standards LATORY REQUIREMENTS.— school and that may include— under section 1111(b)(1); ‘‘(A) EXEMPTION.—The Secretary may, ‘‘(I) expanded learning time, before- and ‘‘(II) use evidence-based methods and in- through publication of a notice in the Fed- after-school programs, and summer pro- structional strategies that strengthen the eral Register, exempt schoolwide programs grams and opportunities; or academic program in the school, increase the under this section from statutory or regu- ‘‘(II) a multi-tiered system of supports, amount and quality of learning time, and latory provisions of any other noncompeti- positive behavioral interventions and sup- help provide an enriched and accelerated tive formula grant program administered by ports, and early intervening services; curriculum; the Secretary (other than formula or discre- ‘‘(iii) coordinating with and supporting the ‘‘(III) address the needs of all children in tionary grant programs under the Individ- regular education program, which may in- the school, but particularly the needs of uals with Disabilities Education Act, except clude services to assist preschool children in those at risk of not meeting the challenging as provided in section 613(a)(2)(D) of such the transition from early childhood edu- State academic standards, which may in- Act), or any discretionary grant program ad- cation programs such as Head Start, the lit- clude— ministered by the Secretary, to support eracy program under part D of title II, or ‘‘(aa) counseling, school-based mental schoolwide programs if the intent and pur- State-run preschool programs to elementary health programs, specialized instructional poses of such other programs are met. school programs; support services, and mentoring services; ‘‘(B) REQUIREMENTS.—A school that choos- ‘‘(iv) supporting effective teachers, prin- ‘‘(bb) preparation for and awareness of op- es to use funds from such other programs cipals, other school leaders, paraprofes- portunities for postsecondary education and shall not be relieved of the requirements re- sionals, and, if appropriate, specialized in- the workforce, including career and tech- lating to health, safety, civil rights, student structional support personnel, and other nical education programs, which may in- and parental participation and involvement, school personnel who work with partici- clude broadening secondary school students’ services to private school children, com- pating children in programs under this sub- access to coursework to earn postsecondary parability of services, maintenance of effort, section or in the regular education program credit while still in high school, such as Ad- uses of Federal funds to supplement, not sup- with resources provided under this part, and, vanced Placement and International Bacca- plant non-Federal funds (in accordance with to the extent practicable, from other laureate courses and examinations, and dual the method of determination described in sources, through professional development; or concurrent enrollment and early college section 1117), or the distribution of funds to ‘‘(v) implementing strategies to increase high schools; State educational agencies or local edu- parental involvement of parents of partici- ‘‘(cc) implementation of a schoolwide cational agencies that apply to the receipt of pating children in accordance with section multi-tiered system of supports, including funds from such programs. 1115; and positive behavioral interventions and sup- ‘‘(C) RECORDS.—A school that chooses to ‘‘(vi) if applicable, coordinating and inte- ports and early intervening services, includ- consolidate and use funds from different Fed- grating Federal, State, and local services ing through coordination with such activi- eral programs under this paragraph shall not and programs, such as programs supported ties and services carried out under the Indi- be required to maintain separate fiscal ac- under this Act, violence prevention pro- viduals with Disabilities Education Act; counting records, by program, that identify grams, nutrition programs, housing pro- ‘‘(dd) implementation of supports for the specific activities supported by those grams, Head Start programs, adult education teachers and other school personnel, which particular funds as long as the school main- programs, career and technical education, may include professional development and tains records that demonstrate that the and intervention and supports in schools other activities to improve instruction, ac- schoolwide program, considered as a whole, identified as in need of intervention and sup- tivities to recruit and retain effective teach- addresses the intent and purposes of each of port under section 1114; and ers, particularly in high-need schools, and the Federal programs that were consolidated ‘‘(E) assurances that the school will— using data from academic assessments under to support the schoolwide program. ‘‘(i) help provide an accelerated, high-qual- section 1111(b)(2) and other formative and ‘‘(5) PRESCHOOL PROGRAMS.—A school that ity curriculum; summative assessments to improve instruc- operates a schoolwide program under this ‘‘(ii) minimize removing children from the tion; subsection may use funds made available regular classroom during regular school ‘‘(ee) programs, activities, and courses in under this part to establish, expand, or en- hours for instruction provided under this the core academic subjects to assist children hance preschool programs for children aged 5 part; and in meeting the challenging State academic or younger. ‘‘(iii) on an ongoing basis, review the standards; and ‘‘(d) TARGETED ASSISTANCE SCHOOL PRO- progress of participating children and revise ‘‘(ff) other strategies to improve student’s GRAMS.— the plan under this section, if necessary, to academic and nonacademic skills essential ‘‘(1) IN GENERAL.—Each school selected to provide additional assistance to enable such for success; and receive funds under subsection (a)(3) for children to meet the challenging State aca- ‘‘(IV) be monitored and improved over time which the local educational agency serving demic standards. based on student needs, including increased such school, based on the results of the com- ‘‘(3) ELIGIBLE CHILDREN.— supports for those students who are lowest- prehensive needs assessment conducted ‘‘(A) ELIGIBLE POPULATION.— achieving; under subsection (b)(2), determines that the ‘‘(i) IN GENERAL.—The eligible population ‘‘(iii) if programs are consolidated, the spe- school will operate a targeted assistance for services under this subsection shall be— cific State educational agency and local edu- school program, may use funds received ‘‘(I) children not older than age 21 who are cational agency programs and other Federal under this part only for programs that pro- entitled to a free public education through programs that will be consolidated in the vide services to eligible children under para- grade 12; and schoolwide program; and graph (3)(A)(ii) who are identified as having ‘‘(II) children who are not yet at a grade ‘‘(iv) if appropriate, how funds will be used the greatest need for special assistance. level at which the local educational agency to establish or enhance early childhood edu- ‘‘(2) TARGETED ASSISTANCE SCHOOL PRO- provides a free public education. cation programs for children who are aged 5 GRAM.—Each school operating a targeted as- ‘‘(ii) ELIGIBLE CHILDREN FROM ELIGIBLE POP- or younger, including how programs will sistance school program shall develop a plan, ULATION.—From the population described in

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00164 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.035 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5343 clause (i), eligible children are children iden- ‘‘(i) the provision of basic medical equip- as in need of intervention and support under tified by the school as failing, or most at ment and services, such as eyeglasses and subparagraph (A), implement an evidence- risk of failing, to meet the challenging State hearing aids; based intervention or support strategy de- academic standards on the basis of multiple, ‘‘(ii) compensation of a coordinator; signed by the State or local educational educationally related, objective criteria es- ‘‘(iii) family support and engagement serv- agency described in subparagraph (A) or (B) tablished by the local educational agency ices; of subsection (b)(3); and supplemented by the school, except that ‘‘(iv) health care services and integrated ‘‘(D) prioritize intervention and supports children from preschool through grade 2 student supports to address the physical, in the identified schools most in need of shall be selected solely on the basis of cri- mental, and emotional well-being of chil- intervention and support, as determined by teria, including objective criteria, estab- dren; and the State, using the results of the account- lished by the local educational agency and ‘‘(v) professional development necessary to ability system under 1111(b)(3)(B)(iii); and supplemented by the school. assist teachers, specialized instructional ‘‘(E) monitor and evaluate the implemen- support personnel, other staff, and parents in ‘‘(B) CHILDREN INCLUDED.— tation of school intervention and support identifying and meeting the comprehensive ‘‘(i) IN GENERAL.—Children who are eco- strategies by local educational agencies, in- needs of eligible children. nomically disadvantaged, children with dis- cluding in the lowest-performing elementary ‘‘(e) USE FOR DUAL OR CONCURRENT ENROLL- abilities, migrant children, or children who schools and secondary schools in the State, MENT PROGRAMS.— and use the results of the evaluation to take are English learners, are eligible for services ‘‘(1) IN GENERAL.—A local educational under this subsection on the same basis as appropriate steps to change or improve agency carrying out a schoolwide program or interventions or support strategies as nec- other children selected to receive services a targeted assistance school program under under this subsection. essary. subsection (c) or (d) in a high school may use ‘‘(2) STATE EDUCATIONAL AGENCY DISCRE- ‘‘(ii) HEAD START AND PRESCHOOL CHIL- funds received under this part— TION.—Notwithstanding paragraph (1)(A), a DREN.—A child who, at any time in the 2 ‘‘(A) to carry out— State educational agency may— years preceding the year for which the deter- ‘‘(i) dual or concurrent enrollment pro- ‘‘(A) identify any middle school or high mination is made, participated in a Head grams for high school students, through school as in need of intervention and support Start program, the literacy program under which the students are enrolled in the high if at least 40 percent of the children served part D of title II, or in preschool services school and in postsecondary courses at an in- by such school are from low-income families under this title, is eligible for services under stitution of higher education; or (as measured under section 1113(a)(1)(E)(ii)); this subsection. ‘‘(ii) programs that allow a student to con- and ‘‘(iii) MIGRANT CHILDREN.—A child who, at tinue in a dual or concurrent enrollment pro- ‘‘(B) use funds provided under subsection any time in the 2 years preceding the year gram at a high school for the school year fol- (c) to assist such school consistent with such for which the determination is made, re- lowing the student’s completion of grade 12; subsection. ceived services under part C is eligible for or ‘‘(3) STATE EDUCATIONAL AGENCY RESPON- services under this subsection. ‘‘(B) to provide training for teachers, and SIBILITIES.—The State educational agency ‘‘(iv) NEGLECTED OR DELINQUENT CHIL- joint professional development for teachers shall— DREN.—A child in a local institution for ne- in collaboration with career and technical ‘‘(A) make technical assistance available glected or delinquent children and youth or educators and educators from institutions of to local educational agencies that serve attending a community day program for higher education where appropriate, for the schools identified as in need of intervention such children is eligible for services under purpose of integrating rigorous academics in and support under paragraph (1)(A); this subsection. dual or concurrent enrollment programs. ‘‘(B) if the State educational agency deter- ‘‘(v) HOMELESS CHILDREN.—A child who is ‘‘(2) FLEXIBILITY OF FUNDS.—A local edu- mines that a local educational agency failed homeless and attending any school served by cational agency using funds received under to carry out its responsibilities under this the local educational agency is eligible for this part for a dual or concurrent program section, take such actions as the State edu- services under this subsection. described in clause (i) or (ii) of paragraph cational agency determines to be appro- ‘‘(C) SPECIAL RULE.—Funds received under (1)(A) may use such funds for any of the costs priate and in compliance with State law to this subsection may not be used to provide associated with such program, including the assist the local educational agency and en- services that are otherwise required by law costs of— sure that such local educational agency is to be made available to children described in ‘‘(A) tuition and fees, books, and required carrying out its responsibilities; subparagraph (B) but may be used to coordi- instructional materials for such program; ‘‘(C) inform local educational agencies of nate or supplement such services. and schools identified as in need of intervention ‘‘(4) INTEGRATION OF PROFESSIONAL DEVEL- ‘‘(B) transportation to and from such pro- and support under paragraph (1)(A) in a OPMENT.—To promote the integration of staff gram. timely and easily accessible manner that is supported with funds under this subsection ‘‘(3) RULE OF CONSTRUCTION.—Nothing in before the beginning of the school year; and into the regular school program and overall this subsection shall be construed to impose ‘‘(D) publicize and disseminate to the pub- school planning and improvement efforts, on any State any requirement or rule regard- lic, including teachers, principals and other public school personnel who are paid with ing dual or concurrent enrollment programs school leaders, and parents, the results of funds received under this subsection may— that is inconsistent with State law. the State review under paragraph (1). ‘‘(A) participate in general professional de- ‘‘(f) PROHIBITION.—Nothing in this section shall be construed to authorize the Secretary ‘‘(b) LOCAL EDUCATIONAL AGENCY REVIEW velopment and school planning activities; AND RESPONSIBILITIES.— and or any other officer or employee of the Fed- eral Government to require a local edu- ‘‘(1) IN GENERAL.—Each local educational ‘‘(B) assume limited duties that are as- cational agency or school to submit the re- agency with a school identified as in need of signed to similar personnel who are not so sults of a comprehensive needs assessment intervention and support under subsection paid, including duties beyond classroom in- under subsection (b)(2) or a plan under sub- (a)(1)(A) shall, in consultation with teachers, struction or that do not benefit participating section (c) or (d) for review or approval by principals and other school leaders, school children, so long as the amount of time spent the Secretary. personnel, parents, and community mem- on such duties is the same proportion of ‘‘SEC. 1114. SCHOOL IDENTIFICATION, INTERVEN- bers— total work time as prevails with respect to TIONS, AND SUPPORTS. ‘‘(A) conduct a review of such school, in- similar personnel at the same school. ‘‘(a) STATE REVIEW AND RESPONSIBILITIES.— cluding by examining the indicators and ‘‘(5) SPECIAL RULES.— ‘‘(1) IN GENERAL.—Each State educational measures included in the State-determined ‘‘(A) SIMULTANEOUS SERVICE.—Nothing in agency receiving funds under this part shall accountability system described in section this subsection shall be construed to prohibit use the system designed by the State under 1111(b)(3)(B) to determine the factors that led a school from serving students under this section 1111(b)(3) to annually— to such identification; subsection simultaneously with students ‘‘(A) identify the public schools that re- ‘‘(B) conduct a review of the agency’s poli- with similar educational needs, in the same ceive funds under this part and are in need of cies, procedures, personnel decisions, and educational settings where appropriate. intervention and support using the method budgetary decisions, including the measures ‘‘(B) COMPREHENSIVE SERVICES.—If health, established by the State in section on the local educational agency and school nutrition, and other social services are not 1111(b)(3)(B)(iii); report cards under section 1111(d) that im- otherwise available to eligible children in a ‘‘(B) require for inclusion— pact the school and could have contributed school operating a targeted assistance school ‘‘(i) on each local educational agency re- to the identification of the school; program and such school, if appropriate, has port card required under section 1111(d), the ‘‘(C) develop and implement appropriate established a collaborative partnership with names of schools served by the agency iden- intervention and support strategies, as de- local service providers and funds are not rea- tified under subparagraph (A); and scribed in paragraph (3), that are propor- sonably available from other public or pri- ‘‘(ii) on each school report card required tional to the identified needs of the school, vate sources to provide such services, then a under section 1111(d), whether the school was for assisting the identified school; portion of the funds provided under this sub- identified under subparagraph (A); ‘‘(D) develop a rigorous comprehensive section may be used to provide such services, ‘‘(C) ensure that all public schools that re- plan that will be publicly available and pro- including through— ceive funds under this part and are identified vided to parents, for ensuring the successful

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00165 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.035 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5344 CONGRESSIONAL RECORD — SENATE July 21, 2015 implementation of the intervention and sup- subparagraphs (A) and (B) of paragraph (1); relationship to such total amount as the port strategies described in paragraph (3) in and amount such State, the Bureau of Indian identified schools, which may include— ‘‘(iii) distinguish between the lowest-per- Education of the Department of the Interior, ‘‘(i) technical assistance that will be pro- forming schools and other schools identified or such outlying area received under parts A, vided to the school; as in need of intervention and support for C, and D of this title for the most recent pre- ‘‘(ii) improved delivery of services to be other reasons, including schools with cat- ceding fiscal year for which the data are provided by the local educational agency; egories of students, as defined in section available bears to the amount received by all ‘‘(iii) increased support for stronger cur- 1111(b)(3)(A), not meeting the goals described such States, the Bureau of Indian Education riculum, program of instruction, wraparound in section 1111(b)(3)(B)(i), as determined by of the Department of the Interior, and all services, or other resources provided to stu- the review in subparagraphs (A) and (B) of such outlying areas under parts A, C, and D dents in the school; paragraph (1). of this title for such most recent preceding ‘‘(iv) any changes to personnel necessary ‘‘(B) STATE DETERMINED STRATEGIES.—Con- fiscal year. to improve educational opportunities for sistent with State law, a State educational ‘‘(2) STATE APPLICATION.—A State (includ- children in the school; agency may establish alternative evidence- ing, for the purpose of this paragraph, the ‘‘(v) redesigning how time for student based State determined strategies that can Bureau of Indian Education) that desires to learning or teacher collaboration is used be used by local educational agencies to as- receive school intervention and support within the school; sist a school identified as in need of inter- funds under this subsection shall submit an ‘‘(vi) using data to inform instruction for vention and support under subsection application to the Secretary at such time continuous improvement; (a)(1)(A), in addition to the assistance strate- and in such manner as the Secretary may re- ‘‘(vii) providing increased coaching or sup- gies developed by a local educational agency quire, which shall include a description of— port for principals and other school leaders under subparagraph (A). ‘‘(A) the process and the criteria that the to have the knowledge and skills to lead and ‘‘(4) PUBLIC SCHOOL CHOICE.— State will use to award subgrants under implement efforts to improve schools and to ‘‘(A) IN GENERAL.—A local educational paragraph (4)(A), including how the sub- support teachers to improve instruction; agency may provide all students enrolled in grants will serve schools identified by the ‘‘(viii) improving school climate and safe- a school identified as in need of intervention State as the lowest-performing schools under ty; and support under subsection (a)(1)(A) with subsection (a)(1); ‘‘(ix) providing ongoing mechanisms for the option to transfer to another public ‘‘(B) the process and the criteria the State family and community engagement to im- school served by the local educational agen- will use to determine whether the local edu- prove student learning; and cy, unless such an option is prohibited by cational agency’s proposal for serving each ‘‘(x) establishing partnerships with enti- State law. identified school meets the requirements of ties, including private entities with a dem- ‘‘(B) PRIORITY.—In providing students the paragraph (6) and other provisions of this onstrated record of improving student option to transfer to another public school, section; achievement, that will assist the local edu- the local educational agency shall give pri- ‘‘(C) how the State will ensure that local cational agency in fulfilling its responsibil- ority to the lowest-achieving children from educational agencies conduct a comprehen- ities under this section; and low-income families, as determined by the sive review of each identified school as re- ‘‘(E) collect and use data on an ongoing local educational agency for the purposes of quired under subsection (b) to identify evi- basis to monitor the results of the interven- allocating funds to schools under section dence-based school intervention and support tion and support strategies and adjust such 1113(a)(3). strategies that are likely to be successful in strategies as necessary during implementa- ‘‘(C) TREATMENT.—Students who use the each particular school; tion in order to improve student academic option to transfer to another public school ‘‘(D) how the State will ensure geographic achievement. shall be enrolled in classes and other activi- diversity in making subgrants; ‘‘(2) NOTICE TO PARENTS.—A local edu- ties in the public school to which the stu- ‘‘(E) how the State will set priorities in cational agency shall promptly provide to a dents transfer in the same manner as all awarding subgrants to local educational parent or parents of each student enrolled in other children at the public school. agencies, including how the State will a school identified as in need of intervention ‘‘(D) SPECIAL RULE.—A local educational prioritize local educational agencies serving and support under subsection (a)(1)(A) in an agency shall permit a child who transfers to elementary schools and secondary schools easily accessible and understandable form another public school under this paragraph identified as the lowest-performing schools and, to the extent practicable, in a language to remain in that school until the child has under subsection (a)(1) that will use sub- that parents can understand— completed the highest grade in that school. grants to serve such schools; ‘‘(A) an explanation of what the identifica- ‘‘(E) FUNDING FOR TRANSPORTATION.—A ‘‘(F) how the State will monitor and evalu- tion means, and how the school compares in local educational agency may spend an ate the implementation of evidence-based terms of academic achievement and other amount equal to not more than 5 percent of school intervention and support strategies measures in the State accountability system its allocation under subpart 2 to pay for the supported by funds under this subsection; under section 1111(b)(3)(B) to other schools provision of transportation for students who and served by the local educational agency and transfer under this paragraph to the public ‘‘(G) how the State will reduce barriers for the State educational agency involved; schools to which the students transfer. schools in the implementation of school ‘‘(B) the reasons for the identification; ‘‘(5) PROHIBITIONS ON FEDERAL INTER- intervention and support strategies, includ- ‘‘(C) an explanation of what the local edu- FERENCE WITH STATE AND LOCAL DECISIONS.— ing by providing operational flexibility that cational agency or State educational agency Nothing in this section shall be construed to would enable complete implementation of is doing to help the school address student authorize or permit the Secretary to estab- the selected school intervention and support academic achievement and other measures, lish any criterion that specifies, defines, or strategy. including a description of the intervention prescribes— ‘‘(3) STATE ADMINISTRATION; TECHNICAL AS- and support strategies developed under para- ‘‘(A) any school intervention or support SISTANCE; EXCEPTION.— graph (1)(C) that will be implemented in the strategy that States or local educational ‘‘(A) IN GENERAL.—A State that receives an school; agencies shall use to assist schools identified allotment under this subsection may reserve ‘‘(D) an explanation of how the parents can as in need of intervention and support under not more than a total of 5 percent of such al- become involved in addressing academic this section; or lotment for the administration of this sub- achievement and other measures that caused ‘‘(B) the weight of any indicator or meas- section to carry out its responsibilities the school to be identified; and ure that a State shall use to identify schools under subsection (a)(3) to support school and ‘‘(E) an explanation of the parents’ option under subsection (a). local educational agency interventions and to transfer their child to another public ‘‘(c) FUNDS FOR LOCAL SCHOOL INTERVEN- supports, which may include activities school under paragraph (4), if applicable. TIONS AND SUPPORTS.— aimed at building State capacity to support ‘‘(3) SCHOOL INTERVENTION AND SUPPORT ‘‘(1) IN GENERAL.— and monitor the local educational agency STRATEGIES.— ‘‘(A) GRANTS AUTHORIZED.—From the total and school intervention and supports. ‘‘(A) IN GENERAL.—Consistent with sub- amount appropriated under section 1002(f) for ‘‘(B) EXCEPTION.—Notwithstanding sub- section (a)(1) and paragraph (1), a local edu- a fiscal year, the Secretary shall award paragraph (A), a State educational agency cational agency shall develop and implement grants to States and the Bureau of Indian may reserve from the amount allotted under evidence-based intervention and support Education of the Department of the Interior, this subsection additional funds to meet its strategies for an identified school that the through an allotment as determined under responsibilities under subsection (a)(3)(B) if local educational agency determines appro- subparagraph (B), to carry out the activities a local educational agency fails to carry out priate to address the needs of students in described in this subsection. its responsibilities under subsection (b), but such identified school, which shall— ‘‘(B) ALLOTMENTS.—From the total amount shall not reserve more than necessary to ‘‘(i) be designed to address the specific rea- appropriated under section 1002(f) for a fiscal meet such State responsibilities. sons for identification, as described in sub- year, the Secretary shall allot to each State, ‘‘(4) SUBGRANTS TO LOCAL EDUCATIONAL paragraphs (A) and (B) of paragraph (1); the Bureau of Indian Education of the De- AGENCIES.— ‘‘(ii) be implemented, at a minimum, in a partment of the Interior, and each outlying ‘‘(A) IN GENERAL.—From the amounts manner that is proportional to the specific area for such fiscal year with an approved awarded to a State under this subsection, reasons for identification, as described in application, an amount that bears the same the State educational agency shall allocate

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00166 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.035 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5345 not less than 95 percent to make subgrants ‘‘(vi) ensure that the implementation of (A) in paragraph (1)— to local educational agencies, on a competi- the intervention and support strategy meets (i) by inserting ‘‘conducts outreach to all tive basis, to serve schools identified as in the needs of each of the categories of stu- parents and family members and’’ after need of intervention and support under sub- dents, as defined in section 1111(b)(3)(A); ‘‘only if such agency’’; and section (a)(1)(A). ‘‘(vii) provide information to parents, (ii) by inserting ‘‘and family members’’ ‘‘(B) DURATION.—The State educational guardians, teachers, and other stakeholders after ‘‘and procedures for the involvement of agency shall award subgrants under this about the effectiveness of implementation, parents’’; paragraph for a period of not more than 5 to the extent practicable, in a language that (B) in paragraph (2)— years, which period may include a planning the parents can understand; and (i) in the matter preceding subparagraph year. ‘‘(viii) sustain successful reforms and prac- (A)— ‘‘(C) CRITERIA.—Subgrants awarded under tices after the funding period ends; (I) by inserting ‘‘and family members’’ this section shall be of sufficient size to en- ‘‘(E) a description of the technical assist- after ‘‘, and distribute to, parents’’; able a local educational agency to effectively ance and other support that the local edu- (II) by striking ‘‘written parent involve- implement the selected intervention and cational agency will provide to ensure effec- ment policy’’ and inserting ‘‘written parent support strategy. tive implementation of school intervention and family engagement policy’’; and ‘‘(D) RULE OF CONSTRUCTION.—Nothing in and support strategies in identified schools, (III) by striking ‘‘expectations for parent this subsection shall be construed as prohib- in accordance with subsection (b)(1)(D), such involvement’’ and inserting ‘‘expectations iting a State from allocating subgrants as ensuring that identified schools have ac- and objectives for meaningful parent and under this subsection to a statewide school cess to resources like facilities, professional family involvement’’; and district, consortium of local educational development, and technology and adopting (ii) by striking subparagraphs (A) through agencies, or an educational service agency human resource policies that prioritize re- (F) and inserting the following: that serves schools identified as in need of cruitment, retention, and placement of effec- ‘‘(A) involve parents and family members intervention and support under this section, tive staff in identified schools; and in jointly developing the local educational if such entities are legally constituted or ‘‘(F) an assurance that each school the agency plan under section 1112 and the proc- recognized as local educational agencies in local educational agency proposes to serve ess of school review and intervention and the State. will receive all of the State and local funds support under section 1114; ‘‘(5) APPLICATION.—In order to receive a it would have received in the absence of ‘‘(B) provide the coordination, technical subgrant under this subsection, a local edu- funds received under this subsection. assistance, and other support necessary to cational agency shall submit an application ‘‘(6) LOCAL ACTIVITIES.—A local educational assist and build the capacity of all partici- to the State educational agency at such agency that receives a subgrant under this pating schools within the local educational time, in such form, and including such infor- subsection— agency in planning and implementing effec- mation as the State educational agency may ‘‘(A) shall use the subgrant funds to imple- tive parent and family involvement activi- require. Each application shall include, at a ment evidence-based school intervention and ties to improve student academic achieve- minimum— support strategies consistent with sub- ment and school performance, which may in- ‘‘(A) a description of the process the local section (a)(1)(A); and clude meaningful consultation with employ- educational agency has used for selecting an ‘‘(B) may use the subgrant funds to carry ers, business leaders, and philanthropic orga- appropriate evidence-based school interven- nizations, or individuals with expertise in ef- out, at the local educational agency level, tion and support strategy for each school to fectively engaging parents and family mem- activities that directly support the imple- be served, including how the local edu- bers in education; mentation of the intervention and support cational agency has analyzed the needs of ‘‘(C) coordinate and integrate parent and strategies such as— each such school in accordance with sub- family engagement strategies under this ‘‘(i) assistance in data collection and anal- section (b)(1) and meaningfully consulted part with parent and family engagement ysis; with teachers, principals, and other school strategies, to the extent feasible and appro- ‘‘(ii) recruiting and retaining staff; leaders in selecting such intervention and priate, with other relevant Federal, State, ‘‘(iii) high-quality, evidence-based profes- support strategy; and local laws and programs; sional development; ‘‘(B) the specific evidence-based school ‘‘(D) conduct, with the meaningful involve- interventions and supports to be used in each ‘‘(iv) coordination of services to address ment of parents and family members, an an- school to be served, how these interventions students’ non-academic needs; and nual evaluation of the content and effective- and supports will address the needs identi- ‘‘(v) progress monitoring. ness of the parent and family engagement fied in the review under subsection (b)(1), ‘‘(7) REPORTING.—A State that receives policy in improving the academic quality of and the timeline for implementing such funds under this subsection shall report to all schools served under this part, including school interventions and supports in each the Secretary a list of all the local edu- identifying— school to be served; cational agencies that received a subgrant ‘‘(i) barriers to greater participation by ‘‘(C) a detailed budget covering the grant under this subsection and for each local edu- parents in activities authorized by this sec- period, including planned expenditures at the cational agency that received a subgrant, a tion (with particular attention to parents school level for activities supporting full and list of all the schools that were served, the who are economically disadvantaged, are dis- effective implementation of the selected amount of funds each school received, and abled, are English learners, have limited lit- school intervention and support strategy; the intervention and support strategies im- eracy, or are of any racial or ethnic minority ‘‘(D) a description of how the local edu- plemented in each school. background); cational agency will— ‘‘(8) SUPPLEMENT NOT SUPPLANT.—A local ‘‘(ii) the needs of parents and family mem- ‘‘(i) design and implement the selected educational agency or State shall use Fed- bers to assist with the learning of their chil- school intervention and support strategy, in eral funds received under this subsection dren, including engaging with school per- accordance with the requirements of sub- only to supplement the funds that would, in sonnel and teachers; and section (b)(1)(C), including the use of appro- the absence of such Federal funds, be made ‘‘(iii) strategies to support successful priate measures to monitor the effectiveness available from non-Federal sources for the school and family interactions; of implementation; education of students participating in pro- ‘‘(E) use the findings of such evaluation in ‘‘(ii) use a rigorous review process to re- grams funded under this subsection. subparagraph (D) to design evidence-based cruit, screen, select, and evaluate any exter- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in strategies for more effective parental in- nal partners with whom the local edu- this section shall be construed to alter or volvement, and to revise, if necessary, the cational agency will partner; otherwise affect the rights, remedies, and parent and family engagement policies de- ‘‘(iii) align other Federal, State, and local procedures afforded school or school district scribed in this section; and resources with the intervention and support employees under Federal, State, or local ‘‘(F) involve parents in the activities of the strategy to reduce duplication, increase effi- laws (including applicable regulations or schools served under this part, which may ciency, and assist identified schools in com- court orders) or under the terms of collective include establishing a parent advisory board plying with reporting requirements of Fed- bargaining agreements, memoranda of un- comprised of a sufficient number and rep- eral and State programs; derstanding, or other agreements between resentative group of parents or family mem- ‘‘(iv) modify practices and policies, if nec- such employees and their employers.’’; bers served by the local educational agency essary, to provide operational flexibility (2) by striking section 1119; and to adequately represent the needs of the pop- that enables full and effective implementa- (3) by redesignating sections 1118, 1120, ulation served by such agency for the pur- tion of the selected school intervention and 1120A, and 1120B as sections 1115, 1116, 1117, poses of developing, revising, and reviewing support strategy; and 1118, respectively. the parent and family engagement policy.’’; ‘‘(v) collect and use data on an ongoing SEC. 1005. PARENT AND FAMILY ENGAGEMENT. and basis to adjust the intervention and support Section 1115, as redesignated by section (C) in paragraph (3)— strategy during implementation, and, if nec- 1004(3), is amended— ‘‘(A) IN GENERAL.—Each local educational essary, modify or implement a different (1) in the section heading, by striking ‘‘PA- agency shall reserve at least 1 percent of its strategy if implementation is not effective, RENTAL INVOLVEMENT’’ and inserting ‘‘PARENT allocation under subpart 2 to assist schools in order to improve student academic AND FAMILY ENGAGEMENT’’; to carry out the activities described in this achievement; (2) in subsection (a)— section, except that this subparagraph shall

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00167 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.035 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5346 CONGRESSIONAL RECORD — SENATE July 21, 2015 not apply if 1 percent of such agency’s allo- (B) in paragraph (4)(B), by striking ‘‘the number of children from low-income families cation under subpart 2 for the fiscal year for proficiency levels students are expected to who attend private schools. which the determination is made is $5,000 or meet’’ and inserting ‘‘the achievement levels ‘‘(B) TERM OF DETERMINATION.—The local less. Nothing in this subparagraph shall be of the challenging State academic stand- educational agency may determine the equi- construed to limit local educational agencies ards’’; and table share each year or every 2 years. from reserving more than the 1 percent of its (C) in paragraph (5), by striking ‘‘section ‘‘(C) METHOD OF DETERMINATION.—The pro- allocation under subpart 2 to assist schools 1114(b)(2)’’ and inserting ‘‘section 1113(c)(2)’’; portional share of funds shall be deter- to carry out activities described in this sec- (5) in subsection (d)— mined— tion.’’; (A) in the matter preceding paragraph (1), ‘‘(i) based on the total allocation received (i) in subparagraph (B), by striking ‘‘(B) by striking ‘‘parental involvement policy’’ by the local educational agency; and PARENTAL INPUT.—Parents of children’’ and and inserting ‘‘parent and family engage- ‘‘(ii) prior to any allowable expenditures or inserting ‘‘(B) PARENT AND FAMILY MEMBER ment policy’’; transfers by the local educational agency.’’; INPUT.—Parents and family members of chil- (B) in paragraph (1)— and dren’’; (i) by striking ‘‘the State’s student aca- (2) in subsection (b)— (ii) in subparagraph (C)— demic achievement standards’’ and inserting (A) in paragraph (1)— (I) by striking ‘‘95 percent’’ and inserting ‘‘the challenging State academic standards’’; (i) in subparagraph (E)— ‘‘85 percent’’; and and (I) by striking ‘‘and’’ before ‘‘the propor- (II) by inserting ‘‘, with priority given to (ii) by striking ‘‘, such as monitoring at- tion of funds’’; and high-need schools’’ after ‘‘schools served tendance, homework completion, and tele- (II) by inserting ‘‘, and how that proportion under this part’’; and vision watching’’; and of funds is determined’’ after ‘‘such serv- (iii) by adding at the end the following: (C) in paragraph (2)— ices’’; ‘‘(D) USE OF FUNDS.—Funds reserved under (i) in subparagraph (B), by striking ‘‘and’’ (ii) in subparagraph (F), by striking ‘‘sec- subparagraph (A) by a local educational after the semicolon; tion 1113(c)(1)’’ and inserting ‘‘section agency shall be used to carry out activities (ii) in subparagraph (C), by striking the pe- 1113(a)(3)’’; and strategies consistent with the local edu- riod and inserting ‘‘; and’’; and (iii) in subparagraph (G), by striking ‘‘and’’ cational agency’s parent and family engage- (iii) by adding at the end the following: after the semicolon; ment policy, including not less than 1 of the ‘‘(D) ensuring regular two-way, meaningful (iv) in subparagraph (H), by striking the following: communication between family members period at the end and inserting ‘‘; and’’; and ‘‘(i) Supporting schools and nonprofit orga- and school staff, to the extent practicable, in (v) by adding at the end the following: nizations in providing professional develop- a language that family members can under- ‘‘(I) whether the agency shall provide serv- ment for local educational agency and school stand and access.’’; ices directly or assign responsibility for the personnel regarding parent and family en- (6) in subsection (e)— provision of services to a separate govern- gagement strategies, which may be provided (A) in paragraph (1), by striking ‘‘the ment agency, consortium, or entity, or to a jointly to teachers, school leaders, special- State’s academic content standards and third-party contractor.’’; and ized instructional support personnel, para- State student academic achievement stand- (B) in paragraph (5)(A)— professionals, early childhood educators, and ards’’ and inserting ‘‘the challenging State (i) by striking ‘‘or’’ before ‘‘did not give parents and family members. academic standards’’; due consideration’’; and ‘‘(ii) Supporting home visitation programs. (B) in paragraph (2), by striking ‘‘tech- (ii) by inserting ‘‘, or did not make a deci- ‘‘(iii) Disseminating information on best nology’’ and inserting ‘‘technology (includ- sion that treats the private school students practices focused on parent and family en- ing education about the harms of copyright equitably as required by this section’’ before gagement, especially best practices for in- piracy)’’; the period at the end. creasing the engagement of economically (C) in paragraph (3), by striking ‘‘pupil SEC. 1007. SUPPLEMENT, NOT SUPPLANT. disadvantaged parents and family members. services personnel, principals’’ and inserting Section 1117, as redesignated by section ‘‘(iv) Collaborating or providing subgrants ‘‘specialized instructional support personnel, 1004(3), is amended by striking subsection (b) to schools to enable such schools to collabo- principals, and other school leaders’’; and and inserting the following: rate with community-based or other organi- (D) in paragraph (4), by striking ‘‘Head ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT zations or employers with a demonstrated Start, Reading First, Early Reading First, SUPPLANT, NON-FEDERAL FUNDS.— record of success in improving and increas- Even Start, the Home Instruction Programs ‘‘(1) IN GENERAL.—A State educational ing parent and family engagement. for Preschool Youngsters, the Parents as agency or local educational agency shall use Federal funds received under this part only ‘‘(v) Engaging in any other activities and Teachers Program,’’ and inserting ‘‘other to supplement the funds that would, in the strategies that the local educational agency relevant Federal, State, and local laws,’’; absence of such Federal funds, be made determines are appropriate and consistent (7) by striking subsection (f) and inserting available from non-Federal sources for the with such agency’s parent and family en- the following: education of students participating in pro- gagement policy, which may include finan- ‘‘(f) ACCESSIBILITY.—In carrying out the cial literacy activities and adult education parent and family engagement requirements grams assisted under this part, and not to and literacy activities, as defined in section of this part, local educational agencies and supplant such funds. 203 of the Adult Education and Family Lit- schools, to the extent practicable, shall pro- ‘‘(2) COMPLIANCE.—To demonstrate compli- eracy Act.’’; vide opportunities for the full and informed ance with paragraph (1), a local educational (3) in subsection (b)— participation of parents and family members agency shall demonstrate that the method- (A) in the subsection heading, by striking (including parents and family members who ology used to allocate State and local funds ‘‘PARENTAL INVOLVEMENT POLICY’’ and in- are English learners, parents and family to each school receiving assistance under serting ‘‘PARENTAL AND FAMILY ENGAGEMENT members with disabilities, and parents and this part ensures that such school receives POLICY’’; family members of migratory children), in- all of the State and local funds it would oth- (B) in paragraph (1)— cluding providing information and school re- erwise receive if it were not receiving assist- (i) by inserting ‘‘and family members’’ ports required under section 1111 in a format ance under this part. after ‘‘distribute to, parents’’; and and, to the extent practicable, in a language ‘‘(3) SPECIAL RULE.—No local educational (ii) by striking ‘‘written parental involve- such parents understand.’’; and agency shall be required to— ment policy’’ and inserting ‘‘written parent (8) in subsection (h), by striking ‘‘parental ‘‘(A) identify that an individual cost or and family engagement policy’’; involvement policies’’ and inserting ‘‘parent service supported under this part is supple- (C) in paragraph (2)— and family engagement policies’’. mental; and (i) by striking ‘‘parental involvement pol- SEC. 1006. PARTICIPATION OF CHILDREN EN- ‘‘(B) provide services under this part icy’’ and inserting ‘‘parent and family en- ROLLED IN PRIVATE SCHOOLS. through a particular instructional method or gagement policy’’; and Section 1116, as redesignated by section in a particular instructional setting in order (ii) by inserting ‘‘and family members’’ 1004(3), is amended— to demonstrate such agency’s compliance after ‘‘that applies to all parents’’; and (1) in subsection (a)— with paragraph (1). (D) in paragraph (3)— (A) in paragraph (1)— ‘‘(4) PROHIBITION.—Nothing in this section (i) by striking ‘‘school district-level paren- (i) by striking ‘‘section 1115(b)’’ and insert- shall be construed to authorize or permit the tal involvement policy’’ and inserting ‘‘dis- ing ‘‘section 1113(d)(3)’’; and Secretary to establish any criterion that trict-level parent and family engagement (ii) by striking ‘‘sections 1118 and 1119’’ and specifies, defines, or prescribes the specific policy’’; and inserting ‘‘section 1115’’; and methodology a local educational agency uses (ii) by inserting ‘‘and family members in (B) by striking paragraph (4) and inserting to allocate State and local funds to each all schools served by the local educational the following: school receiving assistance under this part. agency’’ after ‘‘policy that applies to all par- ‘‘(4) EXPENDITURES.— ‘‘(5) TIMELINE.—A local educational agen- ents’’; ‘‘(A) IN GENERAL.—Expenditures for edu- cy— (4) in subsection (c)— cational services and other benefits to eligi- ‘‘(A) shall meet the compliance require- (A) in paragraph (3), by striking ‘‘parental ble private school children shall be equal to ment under paragraph (2) not later than 2 involvement policy’’ and inserting ‘‘parent the proportion of funds allocated to partici- years after the date of enactment of the and family engagement policy’’; pating school attendance areas based on the Every Child Achieves Act of 2015; and

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‘‘(B) may demonstrate compliance with the under section 1002(a) to carry out this part ‘‘(ii) COMPUTATION.— requirement under paragraph (1) before the exceed $17,000,000,000, an amount equal to ‘‘(I) IN GENERAL.—For each State, the Sec- end of such 2-year period using the method such excess amount shall be allocated in ac- retary shall compute a weighted coefficient such local educational agency used on the cordance with section 1123.’’; of variation for the per-pupil expenditures of day before the date of enactment of the (2) in subsection (b)— local educational agencies in accordance Every Child Achieves Act of 2015.’’. (A) in paragraph (1)— with subclauses (II), (III), and (IV). SEC. 1008. COORDINATION REQUIREMENTS. (i) by striking ‘‘under this subpart’’ and in- ‘‘(II) VARIATION.—In computing coeffi- Section 1118, as redesignated by section serting ‘‘under subsection (a)(1) for sections cients of variation, the Secretary shall weigh 1004(3), is amended— 1124, 1124A, 1125, and 1125A’’; and the variation between per-pupil expenditures (1) in subsection (a), by striking ‘‘early (ii) by striking ‘‘and 1125’’ and inserting in each local educational agency and the av- childhood development programs such as the ‘‘1125, and 1125A’’; and erage per-pupil expenditures in the State ac- Early Reading First program’’ and inserting (B) in paragraph (2)— cording to the number of pupils served by ‘‘, early childhood education programs, in- (i) by inserting ‘‘under subsection (a)(1)’’ the local educational agency. cluding by developing agreements with such after ‘‘become available’’; and ‘‘(III) NUMBER OF PUPILS.—In determining Head Start agencies and other entities to (ii) by striking ‘‘and 1125’’ and inserting the number of pupils under this paragraph carry out such activities’’; and ‘‘1125, and 1125A’’; served by each local educational agency and (2) in subsection (b)— (3) in subsection (c)(1), by inserting ‘‘and to in each State, the Secretary shall multiply (A) in the matter preceding paragraph (1), the extent amounts under subsection (a)(1) the number of children counted under sec- by striking ‘‘early childhood development are available’’ after ‘‘For each fiscal year’’; tion 1124(c) by a factor of 1.4. programs, such as the Early Reading First and ‘‘(IV) ENROLLMENT REQUIREMENT.—In com- program,’’ and inserting ‘‘early childhood (4) in subsection (d)(1), by striking ‘‘under puting coefficients of variation, the Sec- education programs’’; this subpart’’ and inserting ‘‘under sub- retary shall include only those local edu- (B) in paragraph (1), by striking ‘‘early section (a)(1) for sections 1124, 1124A, 1125, cational agencies with an enrollment of childhood development program such as the and 1125A’’. more than 200 students. Early Reading First program’’ and inserting SEC. 1011. EQUITY GRANTS. ‘‘(B) SPECIAL RULE.—The equity factor for ‘‘early childhood education program’’; Subpart 2 of part A of title I (20 U.S.C. 6331 a State that meets the disparity standard de- (C) in paragraph (2), by striking ‘‘early et seq.) is amended by inserting after section scribed in section 222.162 of title 34, Code of childhood development programs such as the 1122 the following: Federal Regulations (as such section was in Early Reading First program’’ and inserting ‘‘SEC. 1123. EQUITY GRANTS. effect on the day preceding the date of enact- ‘‘early childhood education programs’’; ‘‘(a) AUTHORIZATION.—From funds appro- ment of the No Child Left Behind Act of 2001) (D) in paragraph (3), by striking ‘‘early priated under section 1002(a) for a fiscal year or a State with only one local educational childhood development programs such as the and available for allocation pursuant to sec- agency shall be not greater than 0.10. Early Reading First program’’ and inserting tion 1122(a)(2), the Secretary is authorized to ‘‘(c) USE OF FUNDS; ELIGIBILITY OF LOCAL ‘‘early childhood education programs’’; make grants to States, from allotments EDUCATIONAL AGENCIES.—All funds awarded (E) in paragraph (4)— under subsection (b), to carry out the pro- to each State under this section shall be al- (i) by striking ‘‘Early Reading First pro- grams and activities of this part. located to local educational agencies under gram staff,’’; and ‘‘(b) DISTRIBUTION BASED UPON CONCENTRA- the following provisions: (ii) by striking ‘‘early childhood develop- TIONS OF POVERTY.— ‘‘(1) DISTRIBUTION WITHIN LOCAL EDU- ment program’’ and inserting ‘‘early child- ‘‘(1) IN GENERAL.— CATIONAL AGENCIES.—Within local edu- hood education program’’; ‘‘(A) IN GENERAL.—Except as provided in cational agencies, funds allocated under this (F) in paragraph (5), by striking ‘‘and enti- subparagraphs (B) and (C), funds appro- section shall be distributed to schools on a ties carrying out Early Reading First pro- priated pursuant to subsection (a) for a fiscal basis consistent with section 1113, and may grams’’. year shall be allotted to each State based only be used to carry out activities under SEC. 1009. GRANTS FOR THE OUTLYING AREAS upon the number of children counted under this part. AND THE SECRETARY OF THE INTE- section 1124(c) in such State multiplied by ‘‘(2) ELIGIBILITY FOR GRANT.—A local edu- RIOR. the product of— cational agency in a State is eligible to re- Section 1121 (20 U.S.C. 6331) is amended— ‘‘(i) 40 percent of the average per-pupil ex- ceive a grant under this section for any fis- (1) in subsection (a), in the matter pre- penditure in the United States (other than cal year if— ceding paragraph (1), by striking ‘‘and the Commonwealth of Puerto Rico); multi- ‘‘(A) the number of children in the local 1125A(f)’’; and plied by educational agency counted under section (2) in subsection (b)(3)(C)(ii), by striking ‘‘(ii) 1.30 minus such State’s equity factor 1124(c), before application of the weighted ‘‘challenging State academic content stand- described in paragraph (2). child count described in subsection (d), is at ards’’ and inserting ‘‘challenging State aca- ‘‘(B) PUERTO RICO.—For each fiscal year, least 10; and demic standards’’. the Secretary shall allot to the Common- ‘‘(B) if the number of children counted for SEC. 1010. ALLOCATIONS TO STATES. wealth of Puerto Rico an amount of the grants under section 1124(c), before applica- Section 1122 (20 U.S.C. 6332) is amended— funds appropriated under subsection (a) that tion of the weighted child count described in (1) by striking subsection (a) and inserting bears the same relation to the total amount subsection (d), is at least 5 percent of the the following: of funds appropriated under such subsection total number of children aged 5 to 17 years, ‘‘(a) ALLOCATION FORMULA.— as the amount that the Commonwealth of inclusive, in the school district of the local ‘‘(1) INITIAL ALLOCATION.—For each of fiscal Puerto Rico received under this subpart for educational agency. years 2016 through 2021 (referred to in this fiscal year 2015 bears to the total amount re- ‘‘(d) ALLOCATION OF FUNDS TO ELIGIBLE subsection as the ‘current fiscal year’), the ceived by all States for such fiscal year. LOCAL EDUCATIONAL AGENCIES.— Secretary shall allocate $17,000,000,000 of the ‘‘(C) STATE MINIMUM.—Notwithstanding ‘‘(1) IN GENERAL.—Funds received by States amount appropriated under section 1002(a) to any other provision of this section, except under this section for a fiscal year shall be carry out this part (or, if the total amount for subparagraph (B), from the total amount allocated within States to eligible local edu- appropriated for this part is equal to or less available for any fiscal year to carry out this cational agencies on the basis of weighted than $17,000,000,000, all of such amount) in ac- section, each State shall be allotted at least child counts calculated in accordance with cordance with the following: the lesser of— paragraph (2), (3), or (4), as appropriate for ‘‘(A) An amount equal to the amount made ‘‘(i) 0.35 percent of the total amount avail- each State. available to carry out section 1124 for fiscal able to carry out this section for such fiscal ‘‘(2) STATES WITH AN EQUITY FACTOR LESS year 2015 shall be allocated in accordance year; or THAN .10.— with section 1124. ‘‘(ii) the average of— ‘‘(A) IN GENERAL.—In States with an equity ‘‘(B) An amount equal to the amount made ‘‘(I) 0.35 percent of such total amount for factor less than .10, the weighted child available to carry out section 1124A for fiscal such fiscal year; and counts referred to in paragraph (1) for a fis- year 2015 shall be allocated in accordance ‘‘(II) 150 percent of the national average cal year shall be the larger of the 2 amounts with section 1124A. grant under this section per child described determined under subparagraphs (B) and (C). ‘‘(C) An amount equal to 100 percent of the in section 1124(c), without application of a ‘‘(B) BY PERCENTAGE OF CHILDREN.—The amount, if any, by which the amount made weighting factor, multiplied by the State’s amount referred to in subparagraph (A) is de- available under this paragraph for the cur- total number of children described in section termined by adding— rent fiscal year for which the determination 1124(c), without application of a weighting ‘‘(i) the number of children determined is made exceeds the amount available to factor. under section 1124(c) for that local edu- carry out sections 1124 and 1124A for fiscal ‘‘(2) EQUITY FACTOR.— cational agency who constitute not more year 2001 shall be allocated in accordance ‘‘(A) DETERMINATION.— than 17.27 percent, inclusive, of the agency’s with section 1125 and 1125A. ‘‘(i) IN GENERAL.—Except as provided in total population aged 5 to 17, inclusive, mul- ‘‘(2) ALLOCATIONS IN EXCESS OF subparagraph (B), the Secretary shall deter- tiplied by 1.0; $17,000,000,000.—For each of the current fiscal mine the equity factor under this section for ‘‘(ii) the number of such children who con- years for which the amounts appropriated each State in accordance with clause (ii). stitute more than 17.27 percent, but not more

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00169 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.036 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5348 CONGRESSIONAL RECORD — SENATE July 21, 2015 than 23.48 percent, of such population, multi- agency, the number of such children in ex- meet the requirement of paragraph (1) by plied by 1.75; cess of 7,668 in such population, multiplied falling below 90 percent of both the fiscal ef- ‘‘(iii) the number of such children who con- by 2.25; or fort per student and aggregate expenditures stitute more than 23.48 percent, but not more ‘‘(II) in the case of a high poverty percent- (using the measure most favorable to the than 29.11 percent, of such population, multi- age local educational agency— State), if such State has also failed to meet plied by 2.5; ‘‘(aa) the number of such children between such requirement (as determined using the ‘‘(iv) the number of such children who con- 7,669 and 26,412, inclusive, in such population, measure most favorable to the State) for 1 or stitute more than 29.11 percent, but not more multiplied by 3.375; and more of the 5 immediately preceding fiscal than 36.10 percent, of such population, multi- ‘‘(bb) the number of such children in excess years. plied by 3.25; and of 26,412 in such population, multiplied by ‘‘(B) SPECIAL RULE.—No such lesser amount ‘‘(v) the number of such children who con- 4.5. shall be used for computing the effort re- stitute more than 36.10 percent of such popu- ‘‘(4) STATES WITH AN EQUITY FACTOR GREAT- quired under paragraph (1) for subsequent lation, multiplied by 4.0. ER THAN OR EQUAL TO .20.— years. ‘‘(C) BY NUMBER OF CHILDREN.—The amount ‘‘(A) IN GENERAL.—In States with an equity ‘‘(3) WAIVER.—The Secretary may waive referred to in subparagraph (A) is determined factor greater than or equal to .20, the the requirements of this subsection if the by adding— weighted child counts referred to in para- Secretary determines that a waiver would be ‘‘(i) the number of children determined graph (1) for a fiscal year shall be the larger equitable due to— under section 1124(c) who constitute not of the 2 amounts determined under subpara- ‘‘(A) exceptional or uncontrollable cir- more than 834, inclusive, of the agency’s graphs (B) and (C). cumstances, such as a natural disaster or a total population aged 5 to 17, inclusive, mul- ‘‘(B) BY PERCENTAGE OF CHILDREN.—The change in the organizational structure of the tiplied by 1.0; amount referred to in subparagraph (A) is de- State; or ‘‘(ii) the number of such children between termined by adding— ‘‘(B) a precipitous decline in the financial 835 and 2,629, inclusive, in such population, ‘‘(i) the number of children determined resources of the State. multiplied by 1.5; under section 1124(c) for that local edu- ‘‘(f) ADJUSTMENTS WHERE NECESSITATED BY ‘‘(iii) the number of such children between cational agency who constitute not more APPROPRIATIONS.— 2,630 and 7,668, inclusive, in such population, than 17.27 percent, inclusive, of the agency’s ‘‘(1) IN GENERAL.—If the sums available multiplied by 2.0; and total population aged 5 to 17, inclusive, mul- under this section for any fiscal year are in- ‘‘(iv)(I) in the case of an agency that is not tiplied by 1.0; sufficient to pay the full amounts that all a high poverty percentage local educational ‘‘(ii) the number of such children who con- local educational agencies in States are eli- agency, the number of such children in ex- stitute more than 17.27 percent, but not more gible to receive under this section for such cess of 7,668 in such population, multiplied than 23.48 percent, of such population, multi- year, the Secretary shall ratably reduce the by 2.0; or plied by 2.0; allocations to such local educational agen- ‘‘(II) in the case of a high poverty percent- ‘‘(iii) the number of such children who con- cies, subject to paragraphs (2) and (3). age local educational agency— stitute more than 23.48 percent, but not more ‘‘(2) ADDITIONAL FUNDS.—If additional ‘‘(aa) the number of such children between than 29.11 percent, of such population, multi- funds become available for making payments 7,669 and 26,412, inclusive, in such population, plied by 4.0; under this section for such fiscal year, allo- multiplied by 2.5; and ‘‘(iv) the number of such children who con- cations that were reduced under paragraph ‘‘(bb) the number of such children in excess stitute more than 29.11 percent, but not more (1) shall be increased on the same basis as of 26,412 in such population, multiplied by than 36.10 percent, of such population, multi- they were reduced. 3.0. plied by 6.0; and ‘‘(3) HOLD HARMLESS AMOUNTS.—Beginning ‘‘(3) STATES WITH AN EQUITY FACTOR GREAT- ‘‘(v) the number of such children who con- with the second fiscal year for which ER THAN OR EQUAL TO .10 AND LESS THAN .20.— stitute more than 36.10 percent of such popu- amounts are appropriated to carry out this ‘‘(A) IN GENERAL.—In States with an equity lation, multiplied by 8.0. section, and if sufficient funds are available, factor greater than or equal to .10 and less ‘‘(C) BY NUMBER OF CHILDREN.—The amount the amount made available to each local than .20, the weighted child counts referred referred to in subparagraph (A) is determined educational agency under this section for a to in paragraph (1) for a fiscal year shall be by adding— fiscal year shall be— the larger of the 2 amounts determined ‘‘(i) the number of children determined ‘‘(A) not less than 95 percent of the amount under subparagraphs (B) and (C). under section 1124(c) who constitute not made available for the preceding fiscal year ‘‘(B) BY PERCENTAGE OF CHILDREN.—The more than 834, inclusive, of the agency’s if the number of children counted under sec- amount referred to in subparagraph (A) is de- total population aged 5 to 17, inclusive, mul- tion 1124(c) is equal to or more than 30 per- termined by adding— tiplied by 1.0; cent of the total number of children aged 5 ‘‘(i) the number of children determined ‘‘(ii) the number of such children between to 17 years, inclusive, in the local edu- under section 1124(c) for that local edu- 835 and 2,629, inclusive, in such population, cational agency; cational agency who constitute not more multiplied by 2.0; ‘‘(B) not less than 90 percent of the amount than 17.27 percent, inclusive, of the agency’s ‘‘(iii) the number of such children between made available for the preceding fiscal year total population aged 5 to 17, inclusive, mul- 2,630 and 7,668, inclusive, in such population, if the percentage described in subparagraph tiplied by 1.0; multiplied by 3.0; and (A) is less than 30 percent and equal to or ‘‘(ii) the number of such children who con- ‘‘(iv)(I) in the case of an agency that is not more than 15 percent; and stitute more than 17.27 percent, but not more a high poverty percentage local educational ‘‘(C) not less than 85 percent of the amount than 23.48 percent, of such population, multi- agency, the number of such children in ex- made available for the preceding fiscal year plied by 1.5; cess of 7,668 in such population, multiplied if the percentage described in subparagraph ‘‘(iii) the number of such children who con- by 3.0; or (A) is less than 15 percent. stitute more than 23.48 percent, but not more ‘‘(II) in the case of a high poverty percent- ‘‘(4) APPLICABILITY.—Notwithstanding any than 29.11 percent, of such population, multi- age local educational agency— other provision of law, the Secretary shall plied by 3.0; ‘‘(aa) the number of such children between not take into consideration the hold-harm- ‘‘(iv) the number of such children who con- 7,669 and 26,412, inclusive, in such population, less provisions of this subsection for any fis- stitute more than 29.11 percent, but not more multiplied by 4.5; and cal year for purposes of calculating State or than 36.10 percent, of such population, multi- ‘‘(bb) the number of such children in excess local allocations for the fiscal year under plied by 4.5; and of 26,412 in such population, multiplied by any program administered by the Secretary ‘‘(v) the number of such children who con- 6.0. other than a program authorized under this stitute more than 36.10 percent of such popu- ‘‘(e) MAINTENANCE OF EFFORT.— part. lation, multiplied by 6.0. ‘‘(1) IN GENERAL.—A State is entitled to re- ‘‘(g) DEFINITIONS.—In this section: ‘‘(C) BY NUMBER OF CHILDREN.—The amount ceive its full allotment of funds under this ‘‘(1) HIGH POVERTY PERCENTAGE LOCAL EDU- referred to in subparagraph (A) is determined section for any fiscal year if the Secretary CATIONAL AGENCY.—The term ‘high poverty by adding— finds that the State’s fiscal effort per stu- percentage local educational agency’ means ‘‘(i) the number of children determined dent or the aggregate expenditures of the a local educational agency for which the under section 1124(c) who constitute not State with respect to the provision of free number of children determined under sub- more than 834, inclusive, of the agency’s public education by the State for the pre- section (b) for a fiscal year is 20 percent or total population aged 5 to 17, inclusive, mul- ceding fiscal year was not less than 90 per- more of the total population aged 5 to 17, in- tiplied by 1.0; cent of the fiscal effort or aggregate expendi- clusive, of the local educational agency for ‘‘(ii) the number of such children between tures for the second preceding fiscal year, such fiscal year. 835 and 2,629, inclusive, in such population, subject to the requirements of paragraph (2). ‘‘(2) STATE.—The term ‘State’ means each multiplied by 1.5; ‘‘(2) REDUCTION IN CASE OF FAILURE TO of the 50 States, the District of Columbia, ‘‘(iii) the number of such children between MEET.— and the Commonwealth of Puerto Rico.’’. 2,630 and 7,668, inclusive, in such population, ‘‘(A) IN GENERAL.—The Secretary shall re- SEC. 1011A. ADEQUACY OF FUNDING RULE. multiplied by 2.25; and duce the amount of the allotment of funds Section 1125AA(b) (20 U.S.C. 6336(b)) is ‘‘(iv)(I) in the case of an agency that is not under this section in any fiscal year in the amended by striking ‘‘section 1122(a)’’ and a high poverty percentage local educational exact proportion by which a State fails to inserting ‘‘section 1122(a)(1)’’.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00170 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.036 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5349 SEC. 1011B. EDUCATION FINANCE INCENTIVE under section 1111(b), which may include the ‘‘(4) Evaluating student academic achieve- GRANT PROGRAM. costs of working in voluntary partnerships ment through the development of com- In section 1125A (20 U.S.C. 6337)— with other States, at the sole discretion of prehensive academic assessment instru- (1) in subsection (a), by striking ‘‘under each such State. ments, such as performance and technology- subsection (f)’’ and inserting ‘‘under section ‘‘(2) If a State has developed the assess- based academic assessments that emphasize 1002(a) and made available under section ments adopted under section 1111(b), to ad- the mastery of standards and aligned com- 1122(a)(1)’’; minister those assessments or to carry out petencies in a competency-based education (2) in subsection (b), by striking ‘‘pursuant other assessment activities described in this model, technology-based academic assess- to subsection (f)’’ and inserting ‘‘made avail- part, such as the following: ments, computer adaptive assessments, and able for this section under section ‘‘(A) Expanding the range of appropriate portfolios, projects, or extended performance 1122(a)(1)’’; accommodations available to children who task assessments. (3) in subsection (c), by redesignating sub- are English learners and children with dis- ‘‘(5) Designing the report cards and reports paragraphs (A) and (B) as paragraphs (1) and abilities to improve the rates of inclusion in under section 1111(d) in an easily accessible, (2), respectively; regular assessments of such children, includ- user-friendly manner that cross-tabulates (4) in subsection (d)(1)(A)(ii), by striking ing professional development activities to student information by any category the ‘‘clause ‘‘(i)’’ and inserting ‘‘clause (i)’’; improve the implementation of such accom- State determines appropriate, as long as (5) by striking subsection (e) and inserting modations in instructional practice. such cross-tabulation— the following: ‘‘(B) Developing challenging State aca- ‘‘(A) does not reveal personally identifiable ‘‘(e) MAINTENANCE OF EFFORT.— demic standards and aligned assessments in information about an individual student; and ‘‘(1) IN GENERAL.—A State is entitled to re- academic subjects for which standards and ‘‘(B) is derived from existing State and ceive its full allotment of funds under this assessments are not required under section section for any fiscal year if the Secretary local reporting requirements and data 1111(b). sources. finds that the State’s fiscal effort per stu- ‘‘(C) Developing or improving assessments dent or the aggregate expenditures of the ‘‘(b) RULE OF CONSTRUCTION.—Nothing in of English language proficiency necessary to paragraph (5) shall be construed as author- State with respect to the provision of free comply with section 1111(b)(2)(G). public education by the State for the pre- izing, requiring, or allowing any additional ‘‘(D) Ensuring the continued validity and reporting requirements, data elements, or in- ceding fiscal year was not less than 90 per- reliability of State assessments. cent of the fiscal effort or aggregate expendi- formation to be reported to the Secretary ‘‘(E) Refining State assessments to ensure not otherwise explicitly authorized under tures for the second preceding fiscal year, their continued alignment with the chal- subject to the requirements of paragraph (2). this Act. lenging State academic standards and to im- ‘‘(c) ANNUAL REPORT.—Each State edu- ‘‘(2) REDUCTION IN CASE OF FAILURE TO prove the alignment of curricula and instruc- MEET.— cational agency receiving a grant under this tional materials. section shall submit an annual report to the ‘‘(A) IN GENERAL.—The Secretary shall re- ‘‘(F) Developing or improving the quality, duce the amount of the allotment of funds Secretary describing its activities under the validity, and reliability of assessments for grant and the result of such activities. under this section for any fiscal year in the children who are English learners, including exact proportion by which a State fails to ‘‘(d) PROHIBITION.—No funds provided under alternative assessments aligned with the this section to the Secretary shall be used to meet the requirement of paragraph (1) by challenging State academic standards, test- falling below 90 percent of both the fiscal ef- mandate, direct, control, incentivize, or ing accommodations for children who are make financial awards conditioned upon a fort per student and aggregate expenditures English learners, and assessments of English (using the measure most favorable to the State (or a consortium of States) developing language proficiency. any assessment common to a number of State), if such State has also failed to meet ‘‘(G) Developing or improving balanced as- such requirement (as determined using the States, including testing activities prohib- sessment systems that include summative, ited under section 9529. measure most favorable to the State) for 1 or interim, and formative assessments, includ- more of the 5 immediately preceding fiscal ing supporting local educational agencies in ‘‘SEC. 1203. AUDITS OF ASSESSMENT SYSTEMS. years. developing or improving such assessments. ‘‘(a) IN GENERAL.—From the amount re- ‘‘(B) SPECIAL RULE.—No such lesser amount ‘‘(H) At the discretion of the State, refin- served under section 1204(b)(1)(C) for a fiscal shall be used for computing the effort re- ing science assessments required under sec- year, the Secretary shall make grants to quired under paragraph (1) for subsequent tion 1111(b)(2) in order to integrate engineer- States to enable the States to— years. ing design skills and practices into such as- ‘‘(1) in the case of a grant awarded under ‘‘(3) WAIVER.—The Secretary may waive sessments. this section to a State for the first time— the requirements of this subsection if the ‘‘(I) Developing or improving models to ‘‘(A) carry out audits of State assessment Secretary determines that a waiver would be measure and assess student growth on State systems and ensure that local educational equitable due to— assessments under section 1111(b)(2) and agencies carry out audits of local assess- ‘‘(A) exceptional or uncontrollable cir- other assessments not required under section ments under subsection (e)(1); cumstances, such as a natural disaster or a 1111(b)(2). ‘‘(B) prepare and carry out the State plan change in the organizational structure of the ‘‘SEC. 1202. GRANTS FOR ENHANCED ASSESS- under subsection (e)(6); and State; or MENT INSTRUMENTS. ‘‘(C) award subgrants under subsection (f); ‘‘(B) a precipitous decline in the financial ‘‘(a) GRANT PROGRAM AUTHORIZED.—From and resources of the State.’’; amounts made available in accordance with ‘‘(2) in the case of a grant awarded under (6) by striking subsection (f); section 1204, the Secretary shall award, on a this section to a State that has previously (7) by redesignating subsection (g) as sub- competitive basis, grants to State edu- received a grant under this section— section (f); and cational agencies that have submitted appli- ‘‘(A) carry out the State plan under sub- (8) in subsection (f), as redesignated by cations at such time, in such manner, and section (e)(6); and paragraph (7)— containing such information as the Sec- ‘‘(B) award subgrants under subsection (f). (A) in paragraph (1), by striking ‘‘under retary may reasonably require, which dem- ‘‘(b) MINIMUM AMOUNT.—Each State with this section’’ and inserting ‘‘to carry out this onstrate, to the satisfaction of the Sec- an approved application shall receive a grant section’’; and retary, that the requirements of this section amount of not less than $1,500,000 per fiscal (B) in subsection (f)(3), in the matter pre- will be met, for one of more of the following: year. ceding subparagraph (A), by striking ‘‘shall ‘‘(1) Allowing for collaboration with insti- ‘‘(c) REALLOCATION.—If a State chooses not be’’ and inserting ‘‘shall be—’’. tutions of higher education, other research to apply to receive a grant under this sub- SEC. 1011C. SPECIAL ALLOCATION PROCEDURES. institutions, or other organizations to im- section, or if such State’s application under Section 1126 (20 U.S.C. 6338) is amended by prove the quality, validity, and reliability of subsection (d) is disapproved by the Sec- striking ‘‘sections 1124, 1124A, 1125, and State academic assessments beyond the re- retary, the Secretary shall reallocate such 1125A’’ each place the term appears and in- quirements for such assessments described in grant amount to other States with approved serting ‘‘sections 1123, 1124, 1124A, 1125, and section 1111(b)(2). applications. 1125A’’. ‘‘(2) Developing or improving assessments ‘‘(d) APPLICATION.—A State desiring to re- SEC. 1012. ACADEMIC ASSESSMENTS. for students who are children with disabil- ceive a grant under this section shall submit Part B of title I (20 U.S.C. 6361 et seq.) is ities, including using the principles of uni- an application to the Secretary at such time, amended to read as follows: versal design for learning, which may in- in such manner, and containing such infor- ‘‘PART B—ACADEMIC ASSESSMENTS clude developing assessments aligned to al- mation as the Secretary may require. ‘‘SEC. 1201. GRANTS FOR STATE ASSESSMENTS ternate academic achievement standards for ‘‘(e) AUDITS OF STATE ASSESSMENT SYS- AND RELATED ACTIVITIES. students with the most significant cognitive TEMS AND LOCAL ASSESSMENTS.— ‘‘From amounts made available in accord- disabilities described in section 1111(b)(2)(D). ‘‘(1) AUDIT REQUIREMENTS.—Not later than ance with section 1204, the Secretary shall ‘‘(3) Measuring student progress or aca- 1 year after a State receives a grant under make grants to States to enable the States demic growth over time, including by using this section for the first time, the State to carry out 1 or more of the following: multiple measures, or developing or improv- shall— ‘‘(1) To pay the costs of the development of ing models to measure and assess growth on ‘‘(A) conduct an audit of the State assess- the State assessments and standards adopted State assessments under section 1111(b)(2). ment system;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00171 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.036 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5350 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(B) ensure that each local educational ‘‘(B) the timing of release of assessment seeking a subgrant under this subsection agency under the State’s jurisdiction and re- data; shall submit an application to the State at ceiving funds under this Act— ‘‘(C) the extent to which assessment data such time, in such manner, and containing ‘‘(i) conducts an audit of each local assess- is presented in an accessible and understand- such other information as determined by the ment administered by the local educational able format for educators, school leaders, State. The application shall include a de- agency; and parents, students (if appropriate), and the scription of the agency’s or consortium’s ‘‘(ii) submits the results of such audit to community; needs to improve assessment quality, use, the State; and ‘‘(D) the opportunities, resources, and and alignment (as described in paragraph ‘‘(C) report the results of each State and training educators and administrators are (1)). local educational agency audit conducted given to review assessment results and make ‘‘(3) USE OF FUNDS.—A subgrant awarded under subparagraphs (A) and (B), in a format effective use of assessment data; under this subsection to a local educational that is— ‘‘(E) the distribution of technological re- agency or consortium of such agencies may ‘‘(i) publicly available, such as a widely ac- sources and personnel necessary to admin- be used to— cessible online platform; and ister assessments; ‘‘(A) conduct an audit of local assessments ‘‘(ii) with appropriate accessibility provi- ‘‘(F) the amount of time educators spend under subsection (e)(1)(B); sions for individuals with disabilities and on assessment preparation; ‘‘(B) eliminate any assessments identified English learners. ‘‘(G) the assessments that administrators, for elimination by such audit, such as by ‘‘(2) RESOURCES FOR LOCAL EDUCATIONAL educators, parents, and students, if appro- buying out the remainder of procurement AGENCIES.—In carrying out paragraph (1)(B), priate, do and do not find useful; contracts with assessment developers; each State shall develop and provide local ‘‘(H) the amount of time students spend ‘‘(C) disseminate the best practices de- educational agencies with resources, such as taking the assessments; and scribed in subsection (e)(6)(A)(ii); guidelines and protocols, to assist the agen- ‘‘(I) other information as appropriate. ‘‘(D) improve the capacity of school leaders cies in conducting and reporting the results ‘‘(6) STATE PLAN ON AUDIT FINDINGS.— and educators to disseminate assessment of the audit required under such paragraph. ‘‘(A) PREPARING THE STATE PLAN.—Not data in an accessible and understandable for- ‘‘(3) STATE ASSESSMENT SYSTEM DESCRIP- later than 6 months after a State conducts mat for parents and families, including for TION.—An audit of a State assessment sys- an audit under paragraph (1) and based on children with disabilities or English learn- tem conducted under paragraph (1) shall in- the results of such audit, the State shall, in ers; clude a description of each State assessment coordination with the local educational ‘‘(E) improve assessment delivery systems carried out in the State, including— agencies under the jurisdiction of the State, and schedules, including by increasing access ‘‘(A) the grade and subject matter assessed; prepare and submit to the Secretary a plan to technology and exam proctors, where ap- ‘‘(B) whether the assessment is required to improve and streamline State assessment propriate; under section 1111(b)(2) or allowed under sec- systems and local assessment systems, in- ‘‘(F) hire instructional coaches, or promote tion 1111(b)(2)(D); cluding through activities such as— educators who may receive increased com- ‘‘(C) the annual cost to the State edu- ‘‘(i) developing and maintaining lists of pensation to serve as instructional coaches, cational agency involved in developing, pur- State and local assessments that— to support educators to develop classroom- chasing, administering, and scoring the as- ‘‘(I) align to the State’s content standards based assessments, interpret assessment sessment; under section 1111(b)(1); data, and design instruction; and ‘‘(D) the purpose for which the assessment ‘‘(II) are valid, reliable, and remain con- ‘‘(G) provide for appropriate accommoda- was designed and the purpose for which the sistent with nationally recognized profes- tions to maximize inclusion of children with assessment is used, including assessments sional and technical standards; and disabilities and English learners partici- designed to contribute to systems of im- ‘‘(III) contribute to systems of continuous pating in assessments. provement of teaching and learning; improvement for teaching and learning; ‘‘(g) DEFINITIONS.—In this section: ‘‘(E) the time for disseminating assessment ‘‘(ii) eliminating any assessments that are ‘‘(1) LOCAL ASSESSMENT.—The term ‘local results; not required under section 1111(b)(2) (such as assessment’ means an academic assessment ‘‘(F) a description of how the assessment is buying out the remainder of procurement selected and carried out by a local edu- aligned with the challenging State academic contracts with assessment developers) that standards under section 1111(b)(1); do not meet the contributing factors of high- cational agency that is separate from an as- ‘‘(G) a description of any State law or reg- quality assessments listed under subclauses sessment required by section 1111(b)(2). ulation that established the requirement for (I) through (III) of clause (i); ‘‘(2) STATE.—The term ‘State’ means each the assessment; ‘‘(iii) supporting the dissemination of best of the 50 States, the District of Columbia, ‘‘(H) the schedule and calendar for all practices from local educational agencies or and the Commonwealth of Puerto Rico. State assessments given; and other States that have successfully improved ‘‘SEC. 1204. FUNDING. ‘‘(I) a description of the State’s policies for assessment quality and efficiency to improve ‘‘(a) NATIONAL ASSESSMENT OF EDU- inclusion of English learners and children teaching and learning; CATIONAL PROGRESS.—For the purpose of ad- with disabilities participating in assess- ‘‘(iv) supporting local educational agencies ministering the State assessments under the ments, including developing and promoting or consortia of local educational agencies to National Assessment of Educational the use of appropriate accommodations. carry out efforts to streamline local assess- Progress, there are authorized to be appro- ‘‘(4) LOCAL ASSESSMENT DESCRIPTION.—An ment systems and implementing a regular priated such sums as may be necessary for audit of a local assessment conducted under process of review and evaluation of assess- fiscal years 2016 through 2021. paragraph (1) shall include a description of ment use in local educational agencies; ‘‘(b) ALLOTMENT OF APPROPRIATED FUNDS.— the local assessment carried out by the local ‘‘(v) disseminating the assessment data in ‘‘(1) IN GENERAL.—From amounts made educational agency, including— an accessible and understandable format for available for each fiscal year under sub- ‘‘(A) the descriptions listed in subpara- educators, parents, and families; and section 1002(b) that are equal to or less than graphs (A), (D), and (E) of paragraph (3); ‘‘(vi) decreasing time between admin- the amount described in section 1111(b)(2)(H), ‘‘(B) the annual cost to the local edu- istering such State assessments and releas- the Secretary shall— cational agency of developing, purchasing, ing assessment data. ‘‘(A) reserve 1⁄2 of 1 percent for the Bureau administering, and scoring the assessment; ‘‘(B) CARRY OUT THE STATE PLAN.—A State of Indian Education; ‘‘(C) the extent to which the assessment is shall carry out a State plan as soon as prac- ‘‘(B) reserve 1⁄2 of 1 percent for the outlying aligned to the challenging State academic ticable after the State prepares such State areas; standards under section 1111(b)(1); plan under subparagraph (A) and during each ‘‘(C) reserve not more than 20 percent to ‘‘(D) a description of any State or local law grant period of a grant described in sub- carry out section 1203; and or regulation that establishes the require- section (a)(2) that is awarded to the State. ‘‘(D) from the remainder, allocate to each ment for the assessment; and ‘‘(f) SUBGRANTS TO LOCAL EDUCATIONAL State for section 1201 an amount equal to— ‘‘(E) in the case of a summative assessment AGENCIES.— ‘‘(i) $3,000,000; and that is used for accountability purposes, ‘‘(1) IN GENERAL.—From the amount award- ‘‘(ii) with respect to any amounts remain- whether the assessment is valid and reliable ed to a State under this section, the State ing after the allocation is made under clause and consistent with nationally recognized shall reserve not less than 20 percent of (i), an amount that bears the same relation- professional and technical standards. funds to make subgrants to local educational ship to such total remaining amounts as the ‘‘(5) STAKEHOLDER FEEDBACK.—Each audit agencies in the State, or consortia of such number of students aged 5 through 17 in the of a State assessment system or local assess- local educational agencies, based on dem- State (as determined by the Secretary on the ment system conducted under subparagraph onstrated need in the agency’s or consor- basis of the most recent satisfactory data) (A) or (B) of paragraph (1) shall include feed- tium’s application to improve assessment bears to the total number of such students in back on such system from education stake- quality, use, and alignment with the chal- all States. holders, which shall cover information such lenging State academic standards under sec- ‘‘(2) AMOUNTS ABOVE TRIGGER AMOUNT.— as— tion 1111(b)(1). Any amounts made available for a fiscal year ‘‘(A) how educators, school leaders, and ad- ‘‘(2) LOCAL EDUCATIONAL AGENCY APPLICA- under subsection 1002(b) that are more than ministrators use assessment data to improve TION.—Each local educational agency, or the amount described in section 1111(b)(2)(H) and differentiate instruction; consortium of local educational agencies, shall be made available as follows:

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00172 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.036 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5351 ‘‘(A)(i) To award funds under section 1202 Secretary, shall publish a report detailing subject to all of the same requirements of to States selected for such grants, according the initial progress of the approved innova- this section. to the quality, needs, and scope of the State tive assessment systems prior to providing ‘‘(c) APPLICATION.—Consistent with the application under that section. additional State educational agencies with process described in subsection (d), a State ‘‘(ii) In determining the grant amount the demonstration authority described in educational agency, or consortium of State under clause (i), the Secretary shall ensure paragraph (1). educational agencies, that desires to partici- that a State’s grant includes an amount that ‘‘(ii) CRITERIA.—The progress report under pate in the program of demonstration au- bears the same relationship to the total clause (i) shall draw upon the annual infor- thority under this section shall submit an funds available under this paragraph for the mation submitted by participating States application to the Secretary at such time, in fiscal year as the number of students ages 5 described in subsection (c)(2)(I) and examine such manner, and containing such informa- through 17 in the State (as determined by the extent to which— tion as the Secretary may reasonably re- the Secretary on the basis of the most recent ‘‘(I) the innovative assessment systems quire. Such application shall include a de- satisfactory data) bears to the total number have demonstrated progress for all students, scription of the innovative assessment sys- of such students in all States. including at-risk students, in relation to tem, what experience the applicant has in ‘‘(B) Any amounts remaining after the Sec- such measures as— implementing any components of the inno- retary awards funds under subparagraph (A) ‘‘(aa) student achievement and academic vative assessment system, and the timeline shall be allocated to each State that did not outcomes; over which the State proposes to exercise receive a grant under such subparagraph, in ‘‘(bb) graduation rates for high schools; this authority. In addition, the application an amount that bears the same relationship ‘‘(cc) retention rates of students in school; shall include the following: to the total funds available under this sub- and ‘‘(1) A demonstration that the innovative paragraph as the number of students ages 5 ‘‘(dd) rates of remediation for students; assessment system will— through 17 in the State (as determined by ‘‘(II) the innovative assessment systems ‘‘(A) meet all the requirements of section the Secretary on the basis of the most recent have facilitated progress in relation to at 1111(b)(2)(B), except the requirements of satisfactory data) bears to the total number least one other valid and reliable indicator clauses (i) and (v) of such section; of such students in all States. of quality, success, or student support, such ‘‘(B) be aligned to the standards under sec- ‘‘(c) STATE DEFINED.—In this section, the as those reported annually by the State in term ‘State’ means each of the 50 States, the accordance with section 1111(b)(3)(B)(ii)(IV); tion 1111(b)(1) and address the depth and District of Columbia, and the Common- ‘‘(III) the State educational agencies have breadth of the challenging State academic wealth of Puerto Rico. solicited feedback from teachers, principals, standards under such section; ‘‘(C) express student results or student ‘‘SEC. 1205. INNOVATIVE ASSESSMENT AND AC- other school leaders, and parents about their COUNTABILITY DEMONSTRATION satisfaction with the innovative assessment competencies in terms consistent with the AUTHORITY. system; State aligned academic achievement stand- ‘‘(a) INNOVATIVE ASSESSMENT SYSTEM DE- ‘‘(IV) teachers, principals, and other school ards; FINED.—The term ‘innovative assessment leaders have demonstrated a commitment ‘‘(D) be able to generate comparable, valid, system’ means a system of assessments that and capacity to implement or continue to and reliable results for all students and for may include— implement the innovative assessment sys- each category of students described in sec- ‘‘(1) competency-based assessments, tems; tion 1111(b)(2)(B)(xi), compared to the results instructionally embedded assessments, in- ‘‘(V) the innovative assessment systems for such students on the State assessments terim assessments, cumulative year-end as- have been developed in accordance with the under section 1111(b)(2); sessments, or performance-based assess- requirements of subsection (c), including ‘‘(E) be developed in collaboration with ments that combine into an annual substantial evidence that such systems meet stakeholders representing the interests of summative determination for a student, such requirements; and children with disabilities, English learners, which may be administered through com- ‘‘(VI) each State participating in the dem- and other vulnerable children, educators, in- puter adaptive assessments; and onstration authority has demonstrated that cluding teachers, principals, and other ‘‘(2) assessments that validate when stu- the same system of assessments was used to school leaders, local educational agencies, dents are ready to demonstrate mastery or measure the achievement of all students parents, and civil rights organizations in the proficiency and allow for differentiated stu- that participated in the demonstration au- State; dent support based on individual learning thority, and at least 95 percent of such stu- ‘‘(F) be accessible to all students, such as needs. dents overall and in each of the categories of by incorporating the principles of universal ‘‘(b) DEMONSTRATION AUTHORITY.— students, as defined in section 1111(b)(3)(A), design for learning; ‘‘(1) IN GENERAL.—The Secretary may pro- were assessed under the innovative assess- ‘‘(G) provide educators, students, and par- vide a State educational agency, or a consor- ment system. ents with timely data, disaggregated by each tium of State educational agencies, in ac- ‘‘(iii) USE OF REPORT.—Upon completion of category of students described in section cordance with paragraph (3), with the au- the progress report, the Secretary shall pro- 1111(b)(2)(B)(xi), to inform and improve in- thority to establish an innovative assess- vide a response to the findings of the structional practice and student supports; ment system. progress report, including a description of ‘‘(H) be able to identify which students are ‘‘(2) DEMONSTRATION PERIOD.—In accord- how the findings of the report will be used— not making progress toward the State’s aca- ance with the requirements described in sub- ‘‘(I) to support participating State edu- demic achievement standards so that edu- section (c), each State educational agency, cational agencies through technical assist- cators can provide instructional support and or consortium of State educational agencies, ance; and targeted intervention to all students to en- that submits an application under this sec- ‘‘(II) to inform the peer review process de- sure every student is making progress; tion shall propose in its application the pe- scribed in subsection (d) for advising the ‘‘(I) measure the annual progress of not riod of time over which it desires to exercise Secretary on the awarding of the demonstra- less than 95 percent of all students and stu- the demonstration authority, except that tion authority to the additional State edu- dents in each of the categories of students, such period shall not exceed 5 years. cational agencies described in subparagraph as defined in section 1111(b)(3)(A), who are ‘‘(3) INITIAL DEMONSTRATION AUTHORITY; (D). enrolled in each school that is participating PROGRESS REPORT; EXPANSION.— ‘‘(iv) PUBLICLY AVAILABLE.—The Secretary in the innovative assessment system and are ‘‘(A) INITIAL PERIOD.—During the first 3 shall make the progress report under this required to take assessments; years of the demonstration authority under subparagraph and the response described in ‘‘(J) generate an annual, summative this section, the Secretary shall provide clause (iii) publicly available on the website achievement determination based on annual State educational agencies, or consortia of of the Department. data for each individual student based on the State educational agencies, subject to meet- ‘‘(v) PROHIBITION.—Nothing in this sub- challenging State academic standards under ing the application requirements in sub- paragraph shall be construed to authorize section 1111(b)(1) and be able to validly and section (c), with the authority described in the Secretary to require participating States reliably aggregate data from the innovative paragraph (1). to submit any additional information for the assessment system for purposes of account- ‘‘(B) LIMITATION.—During the first 3 years purposes of the progress report beyond what ability, consistent with the requirements of of the demonstration authority under this the State has already provided in the annual section 1111(b)(3), and reporting, consistent section, the total number of participating report described in subsection (c)(2)(I). with the requirements of section 1111(d); and State educational agencies, including those ‘‘(D) EXPANSION OF THE DEMONSTRATION AU- ‘‘(K) continue use of the high-quality participating in consortia, may not exceed 7, THORITY.—Upon completion and publication statewide academic assessments required and not more than 4 State educational agen- of the report described in subparagraph under section 1111(b)(2) if such assessments cies may participate in a single consortium. (C)(iv), additional State educational agencies will be used for accountability purposes for ‘‘(C) PROGRESS REPORT.— or consortia of State educational agencies the duration of the demonstration. ‘‘(i) IN GENERAL.—Not later than 90 days may apply for the demonstration authority ‘‘(2) A description of how the State edu- after the end of the first 3 years of the initial described in this section without regard to cational agency will— demonstration period described in subpara- the limitations described in subparagraph ‘‘(A) identify the distinct purposes for each graph (A), the Director of the Institute of (B). Such State educational agencies or con- assessment that is part of the innovative as- Education Sciences, in consultation with the sortia of State educational agencies shall be sessment system;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00173 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.036 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5352 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(B) provide support and training to local ‘‘(A) ensure that all students and each of tional evidence that the State’s application educational agency and school staff to im- the categories of students, as defined in sec- meets the requirements of subjection (c); and plement the innovative assessment system tion 1111(b)(3)(A)— ‘‘(6) make a determination regarding appli- described in this subsection; ‘‘(i) are held to the same high standard as cation approval or disapproval of a resub- ‘‘(C) inform parents of students in partici- other students in the State; and mitted application under paragraph (5) not pating local educational agencies about the ‘‘(ii) receive the instructional support later than 45 days after receipt of the resub- innovative assessment system at the begin- needed to meet challenging State academic mitted application. ning of each school year during which the in- standards; ‘‘(e) EXTENSION.—The Secretary may ex- novative assessment system will be imple- ‘‘(B) ensure that each local educational tend an authorization of demonstration au- mented; agency has the technological infrastructure thority under this section for an additional 2 ‘‘(D) engage and support teachers in devel- to implement the innovative assessment sys- years if the State educational agency dem- oping and scoring assessments that are part tem; and onstrates with evidence that the State edu- of the innovative assessment system, includ- ‘‘(C) hold all participating schools in the cational agency’s innovative assessment sys- ing through the use of high-quality profes- local educational agencies participating in tem is continuing to meet the requirements sional development, standardized and cali- the program of demonstration authority ac- of subsection (c), including— brated scoring rubrics, and other strategies, countable for meeting the State’s expecta- ‘‘(1) demonstrating capacity to transition consistent with relevant nationally recog- tions for student achievement. to statewide use by the end of a 2-year exten- nized professional and technical standards, ‘‘(4) If the innovative assessment system sion period; and to ensure inter-rater reliability and com- will initially be administered in a subset of ‘‘(2) demonstrating that the participating parability; local educational agencies— local educational agencies, as a group, will ‘‘(E) acclimate students to the innovative ‘‘(A) a description of the local educational be demographically similar to the State as a assessment system; agencies within the State educational agen- whole by the end of a 2-year extension pe- ‘‘(F) ensure that students with the most cy that will participate, including what cri- riod. significant cognitive disabilities may be as- teria the State has for approving any addi- ‘‘(f) USE OF INNOVATIVE ASSESSMENT SYS- sessed with alternate assessments consistent tional local educational agencies to partici- TEM.—A State may, during its approved dem- with section 1111(b)(2)(D); pate during the demonstration period; onstration period or 2-year extension period, ‘‘(G) if the State is proposing to administer ‘‘(B) assurances from such local edu- include results from the innovative assess- the innovative assessment system initially cational agencies that such agencies will ment systems developed under this section in a subset of local educational agencies, comply with the requirements of this sub- in accountability determinations for each scale up the innovative assessment system section; and student in the participating local edu- to administer such system statewide or with ‘‘(C) a description of how the State will— cational agencies instead of, or in addition additional local educational agencies in the ‘‘(i) ensure that the inclusion of additional to, those from the assessment system under State’s proposed period of demonstration au- local educational agencies contributes to section 1111(b)(2) if the State demonstrates thority and 2-year extension period, if appli- progress toward achieving high-quality and that the State has met the requirements in cable, including the timeline that explains consistent implementation across demo- subsection (c). The State shall continue to the process for scaling to statewide imple- graphically diverse local educational agen- meet all other requirements of section mentation by either the end of the State’s cies throughout the demonstration author- 1111(b)(3). proposed period of demonstration authority ity; and ‘‘(g) AUTHORITY WITHDRAWN.—The Sec- or the 2-year extension period; ‘‘(ii) ensure that the participating local retary shall withdraw the authorization for ‘‘(H) gather data, solicit regular feedback educational agencies, as a group, will be de- demonstration authority provided to a State from educators and parents, and assess the mographically similar to the State as a educational agency under this section and results of each year of the program of dem- whole by the end of the State’s period of any participating local educational agency onstration authority under this section, and demonstration authority. or the State as a whole shall return to the respond by making needed changes to the in- ‘‘(d) PEER REVIEW.—The Secretary shall— statewide assessment system under section novative assessment system; and ‘‘(1) implement a peer review process to in- 1111(b)(2) if, at any point during a State’s ap- ‘‘(I) report data from the innovative assess- form— proved period of demonstration or 2-year ex- ment system annually to the Secretary, in- ‘‘(A) the awarding of the demonstration tension period, the State educational agency cluding— authority under this section and the ap- cannot present to the Secretary a body of ‘‘(i) demographics of participating local proval to operate the system for the pur- substantial evidence that the innovative as- educational agencies, if such system is not poses of paragraphs (2) and (3) of section sessment system developed under this sec- statewide, and additional local educational 1111(b), as described in subsection (h) of this tion— agencies if added to the system during the section; and ‘‘(1) meets requirements of subsection (c); course of the State’s demonstration or 2-year ‘‘(B) determinations about whether the in- ‘‘(2) includes all students attending schools extension period, including a description of novative assessment system— participating in the demonstration author- how— ‘‘(i) is comparable to the State assessments ity, including each of the categories of stu- ‘‘(I) the inclusion of additional local edu- under section 1111(b)(2)(B)(v)(I), valid, reli- dents, as defined in section 1111(b)(3)(A), in cational agencies contributes to progress to- able, of high technical quality, and con- the innovative assessment system dem- ward achieving high-quality and consistent sistent with relevant, nationally recognized onstration; implementation across demographically di- professional and technical standards; and ‘‘(3) provides an unbiased, rational, and verse local educational agencies throughout ‘‘(ii) provides an unbiased, rational, and consistent determination of progress toward the demonstration period; and consistent determination of progress toward the goals described under section ‘‘(II) by the end of the demonstration au- the goals described under section 1111(b)(3)(B)(i) for all students, which are thority, the participating local educational 1111(b)(3)(B)(i) for all students; comparable to determinations under section agencies, as a group, will be demographically ‘‘(2) ensure that the peer review team is 1111(b)(3)(B)(iii) across the State in which similar to the State as a whole; comprised of practitioners and experts who the local educational agencies are located; ‘‘(ii) performance of all participating stu- are knowledgeable about the innovative as- ‘‘(4) presents a high-quality plan to transi- dents and for each category of students, as sessment being proposed for all students, in- tion to full statewide use of the innovative defined in section 1111(b)(3)(A), on the inno- cluding— assessment system by the end of the State’s vative assessment, consistent with the re- ‘‘(A) individuals with past experience de- approved demonstration period and 2-year quirements in section 1111(d); veloping systems of assessment innovation extension, if the innovative assessment sys- ‘‘(iii) performance of all participating stu- that support all students, including English tem will initially be administered in a subset dents in relation to at least one other valid learners, children with disabilities, and dis- of local educational agencies; and and reliable indicator of quality, success, or advantaged students; and ‘‘(5) is comparable to the statewide assess- student supports, such as those reported an- ‘‘(B) individuals with experience imple- ments under section 1111(b)(2) in content nually by the State in accordance with sec- menting innovative State assessment and ac- coverage, difficulty, and quality. tion 1111(b)(3)(B)(ii)(IV); countability systems; ‘‘(h) TRANSITION.— ‘‘(iv) feedback from teachers, principals, ‘‘(3) make publicly available the applica- ‘‘(1) IN GENERAL.—If, after a State’s ap- other school leaders, and parents about their tions submitted under subsection (c) and the proved demonstration and extension period, satisfaction with the innovative assessment peer review comments and recommendations the State educational agency has met all the system; and regarding such applications; requirements of this section, including hav- ‘‘(v) if such system is not statewide, a de- ‘‘(4) make a determination and inform the ing scaled the system up to statewide use, scription of the State’s progress in scaling State regarding approval or disapproval of and demonstrated that such system is of up the innovative assessment system to ad- the application not later than 90 days after high quality, the State shall be permitted to ditional local educational agencies during receipt of the complete application; operate the innovative assessment system the State’s period of demonstration author- ‘‘(5) offer a State the opportunity to revise approved under the program of demonstra- ity, as described in subparagraph (G). and resubmit its application within 60 days tion authority under this section for the pur- ‘‘(3) A description of the State educational of a disapproval determination under para- poses of paragraphs (2) and (3) of section agency’s plan to— graph (4) to allow the State to submit addi- 1111(b). Such system shall be deemed of high

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00174 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.036 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5353 quality if the Secretary, through the peer re- the best practices on the development and ‘‘(A) the sum of— view process described in subsection (d), de- implementation of innovative assessment ‘‘(i) the number of identified eligible mi- termines that the system has— systems that meet the requirements of this gratory children, aged 3 through 21, residing ‘‘(A) met all of the requirements of this section, including— in the State during the previous year; and section; ‘‘(A) the development of summative assess- ‘‘(ii) the number of identified eligible mi- ‘‘(B) demonstrated progress for all stu- ments that meet the requirements of section gratory children, aged 3 through 21, who re- dents, including each of the categories of 1111(b)(2)(B), are comparable with statewide ceived services under this part in summer or students defined in section 1111(b)(3)(A), in assessments, and include assessment tasks intersession programs provided by the State relation to such measures as— that determine proficiency or mastery of during such year; multiplied by ‘‘(i) increasing student achievement and State-approved competencies aligned to ‘‘(B) 40 percent of the average per-pupil ex- academic outcomes; challenging academic standards; penditure in the State, except that the ‘‘(ii) increasing the 4-year adjusted cohort ‘‘(B) the development of effective supports amount determined under this subparagraph graduation rate or the extended-year ad- for local educational agencies and school may not be less than 32 percent, or more justed cohort graduation rate for high staff to implement innovative assessment than 48 percent, of the average per-pupil ex- schools; systems; penditure in the United States.’’; ‘‘(iii) increasing retention rates of students ‘‘(C) the development of effective engage- (B) in subsection (b), by striking paragraph in school; and ment and support of teachers in developing (2) and inserting the following: ‘‘(iv) increasing rates of remediation at in- and scoring assessments and the use of high- ‘‘(2) MINIMUM PERCENTAGE.—The percent- stitutions of higher education for partici- quality professional development; age in paragraph (1)(A) shall not be less than pating students; ‘‘(D) the development of effective supports ‘‘(C) demonstrated progress in relation to for all students, particularly each of the cat- 85.0 percent.’’; at least one other valid and reliable indi- egories of students, as defined in section (C) in subsection (c)— cator of quality, success, or student sup- 1111(b)(3)(A), participating in the innovative (i) in paragraph (1)— ports, such as those reported annually by the assessment systems; and (I) by striking ‘‘(A) If, after’’ and inserting State in accordance with section ‘‘(E) the development of standardized and the following: 1111(b)(3)(B)(ii)(IV); calibrated scoring rubrics, and other strate- ‘‘(A) IN GENERAL.—If, after’’; and ‘‘(D) provided coherent and timely infor- gies, to ensure inter-rater reliability and (II) in subparagraph (B)— mation about student attainment of the comparability of determinations of mastery (aa) by striking ‘‘If additional’’ and insert- State’s challenging academic standards, in- or proficiency across local educational agen- ing ‘‘REALLOCATION.—If additional’’; and cluding objective measurement of academic cies and the State. (bb) by moving the margins of such sub- achievement, knowledge, and skills that are ‘‘(2) PUBLICATION.—The Secretary shall paragraph 2 ems to the right; and valid, reliable, and consistent with relevant, make the information described in para- (ii) in paragraph (2)— nationally-recognized professional and tech- graph (1) available to the public on the (I) by striking ‘‘(A) The Secretary’’ and in- nical standards; website of the Department and shall publish serting the following: ‘‘(E) solicited feedback from teachers, prin- an update to the information not less often ‘‘(A) FURTHER REDUCTIONS.—The Sec- cipals, other school leaders, and parents than once every 3 years.’’. retary’’; and about their satisfaction with the innovative SEC. 1013. EDUCATION OF MIGRATORY CHIL- (II) in subparagraph (B)— assessment system; and DREN. (aa) by striking ‘‘The Secretary’’ and in- ‘‘(F) demonstrated that the same system of Part C of title I (20 U.S.C. 6391 et seq.) is serting ‘‘REALLOCATION.—The Secretary’’; assessments was used to measure the amended— and achievement of all students, and at least 95 (1) in section 1301— (bb) by moving the margins of such sub- percent of such students overall and in each (A) in paragraph (2), by striking ‘‘State paragraph 2 ems to the right; and academic content and student academic of the categories of students, as defined in (D) in subsection (d)(3)(B), by striking achievement standards’’ and inserting ‘‘chal- section 1111(b)(3)(A), were assessed under the ‘‘welfare or educational attainment’’ and in- lenging State academic standards’’; innovative assessment system. serting ‘‘academic achievement’’; and (B) in paragraph (4), by striking ‘‘State ‘‘(2) BASELINE.—For the purposes of the (E) in subsection (e)— academic content and student academic evaluation described in paragraph (1), the (i) in the matter preceding paragraph (1), achievement standards’’ and inserting baseline year shall be considered the first by striking ‘‘estimated’’ and inserting ‘‘iden- ‘‘State academic standards’’; and year of implementation of the innovative as- tified’’; and (C) in paragraph (5), by inserting ‘‘without sessment system for each local educational (ii) by striking ‘‘the Secretary shall’’ and the need for postsecondary remediation’’ agency. all that follows through the period at the after ‘‘employment’’; ‘‘(3) WAIVER AUTHORITY.—If, at the conclu- end and inserting ‘‘the Secretary shall use (2) in section 1303— sion of the State’s approved demonstration such information as the Secretary finds most (A) by striking subsection (a) and inserting and extension period, the State has met all accurately reflects the actual number of mi- the following: of the requirements of this section, except gratory children.’’; ‘‘(a) STATE ALLOCATIONS.— transition to full statewide use for States (3) in section 1304— ‘‘(1) BASE AMOUNT.— that will initially administer an innovative (A) in subsection (b)— ‘‘(A) IN GENERAL.—Except as provided in assessment system in a subset of local edu- subsection (b) and subparagraph (B), each (i) in paragraph (1)— cational agencies, and continues to comply State (other than the Commonwealth of (I) in the matter preceding subparagraph with the other requirements of this section, Puerto Rico) is entitled to receive under this (A)— and demonstrates a high-quality plan for part, for fiscal year 2016 and succeeding fis- (aa) by striking ‘‘special educational transition to statewide use in a reasonable cal years, an amount equal to— needs’’ and inserting ‘‘unique educational period of time, the State may request, and ‘‘(i) the amount that such State received needs’’; and the Secretary shall review such request, a under this part for fiscal year 2002; plus (bb) by inserting ‘‘and out-of-school migra- delay of the withdrawal of authority under ‘‘(ii) the amount allocated to the State tory children’’ after ‘‘including preschool subsection (g) for the purpose of providing under paragraph (2). migratory children’’; the State time necessary to implement the ‘‘(B) NONPARTICIPATING STATES.—In the (II) in subparagraph (B), by striking ‘‘part innovative assessment system statewide. case of a State (other than the Common- A or B of title III’’ and inserting ‘‘part A of ‘‘(i) AVAILABLE FUNDS.—A State may use wealth of Puerto Rico) that did not receive title III’’; and funds available under section 1201 to carry any funds for fiscal year 2002 under this part, (III) by striking subparagraph (D) and in- out this section. serting the following: ‘‘(j) RULE OF CONSTRUCTION.—A consortium the State shall receive, for fiscal year 2016 ‘‘(D) measurable program objectives and of States may apply to participate in the and succeeding fiscal years, an amount equal outcomes;’’; program of demonstration authority under to— (ii) in paragraph (2), by striking ‘‘chal- this section and the Secretary may provide ‘‘(i) the amount that such State would each State member of such consortium with have received under this part for fiscal year lenging State academic content standards such authority if each such State member 2002 if its application under section 1304 for and challenging State student academic meets all of the requirements of this section. the year had been approved; plus achievement standards’’ and inserting ‘‘chal- Such consortium shall be subject to the limi- ‘‘(ii) the amount allocated to the State lenging State academic standards’’; tation described in subsection (b)(3)(B) dur- under paragraph (2). (iii) in paragraph (3), by striking ‘‘, con- ing the initial 3 years of the demonstration ‘‘(2) ALLOCATION OF ADDITIONAL AMOUNT.— sistent with procedures the Secretary may authority. For fiscal year 2016 and succeeding fiscal require,’’; ‘‘(k) DISSEMINATION OF BEST PRACTICES.— years, the amount (if any) by which the (iv) in paragraph (5), by inserting ‘‘and’’ ‘‘(1) IN GENERAL.—Following the publica- funds appropriated to carry out this part for after the semicolon; tion of the progress report described in sub- the year exceed such funds for fiscal year (v) by striking paragraph (6); and section (b)(3)(C), the Director of the Institute 2002 shall be allocated to a State (other than (vi) by redesignating paragraph (7) as para- of Education Sciences, in consultation with the Commonwealth of Puerto Rico) so that graph (6); the Secretary, shall collect and disseminate the State receives an amount equal to— (B) in subsection (c)—

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00175 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.036 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5354 CONGRESSIONAL RECORD — SENATE July 21, 2015 (i) in the matter preceding paragraph (1), (AA) by striking ‘‘ensure the linkage of mi- fying move is from one administrative area by striking ‘‘, satisfactory to the Sec- grant student’’ and inserting ‘‘maintain’’; to another within such district; retary,’’; (BB) by striking ‘‘systems’’ and inserting ‘‘(ii) in the case of a school district of more (ii) in paragraph (2), by striking ‘‘in a man- ‘‘system’’; than 15,000 square miles, wherein a quali- ner consistent with the objectives of section (CC) by inserting ‘‘within and’’ before fying move is a distance of 20 miles or more 1114, subsections (b) and (d) of section 1115, ‘‘among the States’’; and to a temporary residence to engage in a fish- subsections (b) and (c) of section 1120A, and (DD) by striking ‘‘all migratory students’’ ing activity; or part I’’ and inserting ‘‘in a manner con- and inserting ‘‘all migratory children eligi- ‘‘(iii) in a case in which another exception sistent with the objectives of section 1113(c), ble under this part’’; applies, as defined by the Secretary.’’. paragraphs (3) and (4) of section 1113(d), sub- (bb) in the matter preceding clause (i), by SEC. 1014. PREVENTION AND INTERVENTION sections (b) and (c) of section 1117, and part striking ‘‘The Secretary shall ensure’’ and PROGRAMS FOR CHILDREN AND E’’; all that follows through ‘‘maintain.’’; YOUTH WHO ARE NEGLECTED, DE- (iii) in paragraph (3)— LINQUENT, OR AT-RISK. (cc) in the matter preceding clause (i), by Part D of title I (20 U.S.C. 6421 et seq.) is (I) in the matter before subparagraph (A), striking ‘‘Such elements’’ and inserting amended— by striking ‘‘parent advisory councils’’ and ‘‘Such information’’; and (1) in section 1401(a)— inserting ‘‘parents of migratory children, in- (dd) in clause (ii), by striking ‘‘required’’; (A) in paragraph (1)— cluding parent advisory councils’’; and (II) by redesignating subparagraph (B) as (i) by inserting ‘‘, tribal,’’ after ‘‘youth in (II) by striking ‘‘section 1118’’ and insert- subparagraph (C); local’’; and ing ‘‘section 1115’’; (III) by inserting after subparagraph (A) (ii) by striking ‘‘challenging State aca- (iv) in paragraph (4), by inserting ‘‘and out- the following: demic content standards and challenging of-school migratory children’’ after ‘‘ad- ‘‘(B) CONSULTATION.—The Secretary shall State student academic achievement stand- dressing the unmet educational needs of pre- maintain ongoing consultation with the ards’’ and inserting ‘‘challenging State aca- school migratory children’’; States, local educational agencies, and other demic standards’’; and (v) in paragraph (6)— migratory student service providers on— (B) in paragraph (3), by inserting ‘‘and the (I) by striking ‘‘to the extent feasible,’’; ‘‘(i) the effectiveness of the system de- involvement of their families and commu- (II) by striking subparagraph (C) and in- scribed in subparagraph (A); and nities’’ after ‘‘to ensure their continued edu- serting the following: ‘‘(ii) the ongoing improvement of such sys- cation’’; ‘‘(C) evidence-based family literacy pro- tem.’’; and (2) in section 1412(b), by striking paragraph grams;’’; and (IV) in subparagraph (C), as redesignated (2) and inserting the following: (III) in subparagraph (E), by inserting ‘‘, by subclause (II)— ‘‘(2) MINIMUM PERCENTAGE.—The percent- without the need for postsecondary remedi- (aa) by striking ‘‘the proposed data ele- age in paragraph (1)(A) shall not be less than ation’’ after ‘‘employment’’; and ments’’ and inserting ‘‘any new proposed 85 percent.’’; (vi) in paragraph (7), by striking ‘‘para- data elements’’; and (3) in section 1414— graphs (1)(A) and (2)(B)(i) of section 1303(a), (bb) by striking ‘‘Such publication shall (A) in subsection (a)— through such procedures as the Secretary occur not later than 120 days after the date (i) in paragraph (1)(B), by striking ‘‘from may require’’ and inserting ‘‘section of enactment of the No Child Left Behind correctional facilities to locally operated 1303(a)(2)(A)’’; Act of 2001.’’; and programs’’ and inserting ‘‘between correc- (C) by striking subsection (d) and inserting (iii) by striking paragraph (4); and tional facilities and locally operated pro- the following: (8) in section 1309— grams’’; and ‘‘(d) PRIORITY FOR SERVICES.—In providing (A) in paragraph (1)(B), by striking ‘‘non- (ii) in paragraph (2)— services with funds received under this part, profit’’; and (I) in subparagraph (A)— each recipient of such funds shall give pri- (B) by striking paragraph (2) and inserting (aa) by striking ‘‘the program goals, objec- ority to migratory children who have made a the following: tives, and performance measures established qualifying move within the previous 1-year ‘‘(2) MIGRATORY AGRICULTURAL WORKER.— by the State’’ and inserting ‘‘the program period and who— The term ‘migratory agricultural worker’ objectives and outcomes established by the ‘‘(1) are failing, or most at risk of failing, means an individual who made a qualifying State’’; and to meet the challenging State academic move in the preceding 36 months and, after (bb) by striking ‘‘vocational’’ and inserting standards; or doing so, engaged in new temporary or sea- ‘‘career’’; ‘‘(2) have dropped out of school.’’; and sonal employment or personal subsistence in (II) in subparagraph (B), by striking ‘‘and’’ (D) in subsection (e)(3), by striking ‘‘sec- agriculture, which may be dairy work or the after the semicolon; ondary school students’’ and inserting ‘‘stu- initial processing of raw agricultural prod- (III) in subparagraph (C)— dents’’; ucts. If an individual did not engage in such (aa) in clause (i), by inserting ‘‘and’’ after (4) in section 1305(b), by inserting ‘‘, to the new employment soon after a qualifying the semicolon; extent practicable,’’ after ‘‘may’’; move, such individual may be considered a (bb) by striking clause (ii) and redesig- (5) in section 1306— migratory agricultural worker if the indi- nating clause (iii) as clause (ii); and (A) in subsection (a)(1)— vidual actively sought new employment and (cc) by striking clause (iv); and (i) by striking ‘‘special’’ both places the has a recent history of moves for agricul- (IV) by adding at the end the following: term appears and inserting ‘‘unique’’; tural employment. ‘‘(D) provide assurances that the State (ii) in subparagraph (C), by striking ‘‘chal- ‘‘(3) MIGRATORY CHILD.—The term ‘migra- educational agency has established— lenging State academic content standards tory child’ means a child or youth who made ‘‘(i) procedures to ensure the prompt re-en- and challenging State student academic a qualifying move in the preceding 36 rollment of each student who has been achievement standards’’ and inserting ‘‘chal- months— placed in the juvenile justice system in sec- lenging State academic standards’’; and ‘‘(A) as a migratory agricultural worker or ondary school or in a re-entry program that (iii) in subparagraph (F), by striking ‘‘or a migratory fisher; or best meets the needs of the student, includ- B’’; and ‘‘(B) with, or to join, a parent or spouse ing the transfer of credits that such student (B) in subsection (b)(4)— who is a migratory agricultural worker or a earns during placement; and (i) by striking ‘‘special’’ and inserting migratory fisher. ‘‘(ii) opportunities for such students to ‘‘unique’’; and ‘‘(4) MIGRATORY FISHER.—The term ‘migra- participate in higher education or career (ii) by striking ‘‘section 1114’’ each place tory fisher’ means an individual who made a pathways.’’; and the term appears and inserting ‘‘section qualifying move in the preceding 36 months (B) in subsection (c)— 1113(c)’’; and, after doing so, engaged in new tem- (i) in paragraph (1)— (6) in section 1307— porary or seasonal employment or personal (I) by inserting ‘‘and respond to’’ after ‘‘to (A) in the matter preceding paragraph (1), subsistence in fishing. If the individual did assess’’; and by striking ‘‘nonprofit’’; and not engage in such new employment soon (II) by inserting ‘‘and, to the extent prac- (B) in paragraph (3), by striking ‘‘welfare after the move, the individual may be con- ticable, provide for an assessment upon or educational attainment’’ and inserting sidered a migratory fisher if the individual entry into a correctional facility’’ after ‘‘to ‘‘educational achievement’’; actively sought new employment and has a be served under this subpart’’; (7) in section 1308— recent history of moves for fishing work. (ii) in paragraph (6)— (A) in subsection (a)(1), by inserting ‘‘(5) QUALIFYING MOVE.—The term ‘quali- (I) by striking ‘‘carry out the evaluation ‘‘through’’ after ‘‘including’’; and fying move’ means a move due to economic requirements of section 9601 and how’’ and (B) in subsection (b)— necessity— inserting ‘‘use’’; (i) in paragraph (1), by striking ‘‘devel- ‘‘(A) from one residence to another resi- (II) by inserting ‘‘under section 9601’’ after oping effective methods for’’; dence; and ‘‘recent evaluation’’; and (ii) in paragraph (2)— ‘‘(B) from one school district to another (III) by striking ‘‘will be used’’; (I) in subparagraph (A)— school district, except— (iii) in paragraph (8)— (aa) in the matter preceding clause (i), in ‘‘(i) in the case of a State that is comprised (I) by striking ‘‘vocational’’ and inserting the first sentence— of a single school district, wherein a quali- ‘‘career’’; and

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00176 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.036 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5355 (II) by striking ‘‘Public Law 105–220’’ and (i) by striking ‘‘pupil’’ and inserting ‘‘spe- (i) by striking ‘‘vocational’’ and inserting inserting ‘‘the Workforce Innovation and Op- cialized instructional support’’; and ‘‘career’’; and portunity Act’’; (ii) by inserting ‘‘and, to the extent prac- (ii) by striking ‘‘and’’ after the semicolon; (iv) in paragraph (9)— ticable, the development and implementa- and (I) by inserting ‘‘and following’’ after tion of transition plans’’ after ‘‘children and (C) in paragraph (5), by striking the period ‘‘youth prior to’’; and youth described in paragraph (1)’’; and at the end and inserting a semicolon; and (II) by inserting ‘‘and, to the extent prac- (C) in paragraph (6), by striking ‘‘student (D) by inserting the following after para- ticable, to ensure that transition plans are progress’’ and inserting ‘‘and improve stu- graph (5): in place’’ after ‘‘the local educational agency dent achievement’’; ‘‘(6) programs for at-risk Indian children or alternative education program’’; (6) in section 1418(a)— and youth, including such children and (v) in paragraph (11), by striking ‘‘transi- (A) by striking paragraph (1) and inserting youth in correctional facilities in the area tion of children and youth from such facility the following: served by the local educational agency that or institution to’’ and inserting ‘‘transition ‘‘(1) projects that facilitate the transition are operated by the Secretary of the Interior of such children and youth between such fa- of children and youth between State-oper- or Indian tribes; and cility or institution and’’; ated institutions, or institutions in the ‘‘(7) pay-for-success initiatives that (vi) in paragraph (16), by inserting ‘‘and ob- State operated by the Secretary of the Inte- produce a measurable, clearly defined out- tain a high school diploma’’ after ‘‘to en- rior, and schools served by local educational come that results in social benefit and direct courage the children and youth to reenter agencies or schools operated or funded by the cost savings to the local, State, or Federal Bureau of Indian Education; or’’; and school’’; government.’’; (B) in paragraph (2)— (vii) in paragraph (17), by inserting ‘‘cer- (12) in section 1425— (i) by striking ‘‘vocational’’ each place the tified or licensed’’ after ‘‘provides an assur- (A) in paragraph (4)— term appears and inserting ‘‘career’’; and ance that’’; (i) by inserting ‘‘and obtain a high school (ii) in the matter preceding subparagraph (viii) in paragraph (18), by striking ‘‘and’’ diploma’’ after ‘‘reenter school’’; and (A)— after the semicolon; (ii) by striking ‘‘or seek a secondary school (I) by striking ‘‘secondary’’ and inserting (ix) in paragraph (19), by striking the pe- diploma or its recognized equivalent’’; ‘‘high’’; and (B) in paragraph (6), by striking ‘‘high aca- riod at the end and inserting ‘‘; and’’; and (II) by inserting ‘‘, without the need for re- (x) by adding at the end the following: demic achievement standards’’ and inserting mediation,’’ after ‘‘reentry’’; ‘‘the challenging State academic standards’’; ‘‘(20) describes how the State agency will, (7) in section 1419, by striking ‘‘for a fiscal to the extent feasible, identify youth who (C) in paragraph (9)— year’’ and all that follows through ‘‘to pro- (i) by striking ‘‘vocational’’ and inserting have come in contact with both the child vide’’ and inserting ‘‘for a fiscal year to pro- welfare system and juvenile justice system ‘‘career’’; and vide’’; (ii) by striking ‘‘Public Law 105–220’’ and and improve practices and expand the evi- (8) in section 1421— dence-based intervention services to reduce inserting ‘‘the Workforce Innovation and Op- (A) in paragraph (1), by inserting ‘‘, with- portunity Act’’; school suspensions, expulsions, and referrals out the need for remediation,’’ after to law enforcement.’’; (D) in paragraph (10), by striking ‘‘and’’ ‘‘youth’’; and after the semicolon; (4) in section 1415— (B) in paragraph (3), by inserting ‘‘, includ- (E) in paragraph (11), by striking the pe- (A) in subsection (a)— ing schools operated or funded by the Bureau riod at the end and inserting a semicolon; (i) in paragraph (1)(B)— of Indian Education,’’ after ‘‘local schools’’; and (I) by inserting ‘‘, without the need for re- (9) in section 1422(d)— (F) by adding at the end the following: mediation,’’ after ‘‘transition’’; and (A) by inserting ‘‘, which may include the ‘‘(12) to the extent practicable, develop an (II) by striking ‘‘vocational or technical nonacademic needs,’’ after ‘‘to meet the initial educational services and transition training’’ and inserting ‘‘career and tech- transitional and academic needs’’; and plan for each child or youth served under nical education’’; and (B) by striking ‘‘impact on meeting the this subpart upon entry into the correctional (ii) in paragraph (2)— transitional’’ and inserting ‘‘impact on facility, in partnership with the child’s or (I) by striking subparagraph (A), and in- meeting such transitional’’; serting the following: (10) in section 1423— youth’s family members and the local edu- ‘‘(A) may include— (A) in paragraph (2)(B), by inserting ‘‘, in- cational agency that most recently provided ‘‘(i) the acquisition of equipment; cluding such facilities operated by the Sec- services to the child or youth (if applicable), ‘‘(ii) pay-for-success initiatives that retary of the Interior and Indian tribes’’ consistent with section 1414(a)(1); and produce a measurable, clearly defined out- after ‘‘the juvenile justice system’’; ‘‘(13) consult with the local educational come that results in social benefit and direct (B) by striking paragraph (4) and inserting agency for a period jointly determined nec- cost savings to the local, State, or Federal the following: essary by the correctional facility and local Government; and ‘‘(4) a description of the activities that the educational agency upon discharge from that ‘‘(iii) providing targeted, evidence-based local educational agency will carry out to fa- facility, to coordinate educational services services for youth who have come in contact cilitate the successful transition of children so as to minimize disruption to the child’s or with both the child welfare system and juve- and youth in locally operated institutions youth’s achievement.’’; nile justice system;’’; for neglected and delinquent children and (13) in section 1426(2), by striking ‘‘sec- (II) in subparagraph (B)— other correctional institutions into schools ondary’’ and inserting ‘‘high’’; (aa) in clause (i), by striking ‘‘content served by the local educational agency or, as (14) in section 1431(a)— standards and student academic achieve- appropriate, into career and technical edu- (A) by striking ‘‘secondary’’ each place the ment’’; and cation and postsecondary education pro- term appears and inserting ‘‘high’’; (bb) in clause (iii)— grams;’’; (B) in paragraph (1), by inserting ‘‘and to (AA) by striking ‘‘challenging State aca- (C) in paragraph (8), by inserting ‘‘and fam- graduate from high school in the standard demic achievement standards’’ and inserting ily members’’ after ‘‘will involve parents’’; number of years’’ after ‘‘educational ‘‘challenging State academic standards’’; (D) in paragraph (9)— achievement’’; and and (i) by striking ‘‘vocational’’ and inserting (C) in paragraph (3), by inserting ‘‘or (BB) by inserting ‘‘and’’ after the semi- ‘‘career’’; and school operated or funded by the Bureau of colon; (ii) by striking ‘‘Public Law 105–220’’ and Indian Education’’ after ‘‘local educational (III) in subparagraph (C)— inserting ‘‘the Workforce Innovation and Op- agency’’; and (aa) by striking ‘‘section 1120A’’ and insert- portunity Act’’; (15) in section 1432(2)— ing ‘‘section 1117’’; and (E) by striking paragraph (11) and inserting (A) by striking ‘‘has limited English pro- (bb) by striking ‘‘; and’’ and inserting a pe- the following: ficiency’’ and inserting ‘‘is an English learn- riod; and ‘‘(11) as appropriate, a description of how er’’; and (IV) by striking subparagraph (D); and the local educational agency and schools will (B) by striking ‘‘or has a high absenteeism (B) in subsection (b), by striking ‘‘section address the educational needs of children and rate at school.’’ and inserting ‘‘has a high ab- 1120A’’ and inserting ‘‘section 1117’’; youth who return from institutions for ne- senteeism rate at school, or has other life (5) in section 1416— glected and delinquent children and youth or conditions that make the individual at high (A) in paragraph (3)— from correctional institutions and attend risk for dependency or delinquency adjudica- (i) by striking ‘‘challenging State aca- regular or alternative schools;’’; and tion.’’. demic content standards and student aca- (F) in paragraph (12), by striking ‘‘partici- SEC. 1015. GENERAL PROVISIONS. demic achievement standards’’ and inserting pating schools’’ and inserting ‘‘the local edu- Title I (20 U.S.C. 6301 et seq.) is amended— ‘‘challenging State academic standards’’; cational agency’’; (1) by striking parts E, F, G, and H; and (11) in section 1424— (2) by redesignating part I as part E; (ii) by striking ‘‘complete secondary (A) in paragraph (2), by striking ‘‘, includ- (3) by striking sections 1907 and 1908; school, attain a secondary diploma’’ and in- ing’’ and all that follows through ‘‘gang (4) by redesignating sections 1901, 1902, serting ‘‘attain a high school diploma’’; members’’; 1903, 1905, and 1906 as sections 1501, 1502, 1503, (B) in paragraph (4)— (B) in paragraph (4)— 1504, and 1505, respectively;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00177 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.036 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5356 CONGRESSIONAL RECORD — SENATE July 21, 2015 (5) in section 1501, as redesignated by para- cies, schools, and other entities that may be ‘‘(G) specialized instructional support per- graph (4)— impacted by the regulation; sonnel; (A) in subsection (a), by inserting ‘‘, in ac- ‘‘(E) any regulations that will be repealed ‘‘(H) representatives of charter schools, as cordance with subsections (b) through (d),’’ when the new regulations are issued; and appropriate; and after ‘‘may issue’’; ‘‘(F) an opportunity to comment on the in- ‘‘(I) paraprofessionals.’’. (B) in subsection (b)— formation in subparagraphs (A) through (E). SEC. 1016. REPORT ON SUBGROUP SAMPLE SIZE. (i) in paragraph (1), by inserting ‘‘prin- ‘‘(2) COMMENT PERIOD FOR CONGRESS.—The (a) REPORT.—Not later than 90 days after cipals, other school leaders (including char- Secretary shall provide Congress with a 15- the date of enactment of this Act, the Direc- ter school leaders),’’ after ‘‘teachers,’’; day period, beginning after the date on tor of the Institute of Education Sciences (ii) in paragraph (2), by adding at the end which the Secretary provided the notice of shall publish a report on best practices for the following: ‘‘All information from such re- any proposed rulemaking to Congress under determining valid, reliable, and statistically gional meetings and electronic exchanges paragraph (1), to make comments on the pro- significant minimum numbers of students shall be made public in an easily accessible posed rule. After addressing all comments re- for each of the categories of students, as de- manner to interested parties.’’; ceived from Congress during such period, the fined in section 1111(b)(3)(A) of the Elemen- (iii) in paragraph (3)(A), by striking Secretary may proceed with the rulemaking tary and Secondary Education Act of 1965 (20 ‘‘standards and assessments’’ and inserting process under section 553 of title 5, United U.S.C. 6311(b)(3)(A)) (as amended by this ‘‘standards, assessments, the State account- States Code, as modified by this section. Act), for the purposes of inclusion as cat- ability system under section 1111(b)(3), ‘‘(3) PUBLIC COMMENT AND REVIEW PERIOD.— egories of students in an accountability sys- school intervention and support under sec- The public comment and review period for tem described in section 1111(b)(3) of the Ele- any proposed regulation shall be not less tion 1114, and the requirement that funds be mentary and Secondary Education Act of than 90 days unless an emergency requires a supplemented and not supplanted under sec- 1965 (20 U.S.C. 6311(b)(3)) (as amended by this shorter period, in which case the Secretary tion 1117;’’; Act) and how such minimum number that is shall comply with the process outlined in (iv) by striking paragraph (4) and inserting determined will not reveal personally identi- subsection (b)(5). the following: fiable information about students. ‘‘(4) ASSESSMENT.—No regulation shall be ‘‘(4) PROCESS.—Such process shall not be (b) PUBLIC DISSEMINATION.—The Director of made final after the comment and review pe- subject to the Federal Advisory Committee the Institute of Education Sciences shall riod described in paragraph (3) until the Sec- Act, but shall, unless otherwise provided as work with the Department of Education’s ex- retary has published in the Federal Reg- described in subsection (c), follow the provi- isting technical assistance providers and dis- ister— sions of the Negotiated Rulemaking Act of semination networks to ensure that the re- 1990 (5 U.S.C. 561 et seq.).’’; and ‘‘(A) an assessment of the proposed regula- tion that— port described under subsection (a) is widely (v) by striking paragraph (5) and inserting disseminated— the following: ‘‘(i) includes a representative sampling of local educational agencies based on enroll- (1) to the public, State educational agen- ‘‘(5) EMERGENCY SITUATION.—In an emer- cies, local educational agencies, and schools; gency situation in which regulations to ment, geographic diversity (including subur- ban, urban, and rural local educational agen- and carry out this title must be issued within a (2) through electronic transfer and other very limited time to assist State educational cies), and other factors impacted by the pro- posed regulation; means, such as posting the report on the agencies and local educational agencies with ‘‘(ii) addresses the burden, including the website of the Institute of Education the operation of a program under this title, time, cost, and paperwork burden, that the Sciences or in another relevant place. the Secretary may issue a proposed regula- regulation will impose on State educational SEC. 1017. REPORT ON IMPLEMENTATION OF tion without following such process but agencies, local educational agencies, schools, EDUCATIONAL STABILITY OF CHIL- shall— and other entities that may be impacted by DREN IN FOSTER CARE. ‘‘(A) designate the proposed regulation as the regulation; Not later than 2 years after the date of en- an emergency with an explanation of the ‘‘(iii) addresses the benefits to State edu- actment of this Act, the Secretary of Edu- emergency in a notice provided to Congress; cational agencies, local educational agen- cation and the Secretary of Health and ‘‘(B) publish the duration of the comment cies, schools, and other entities that may be Human Services shall submit to the appro- and review period in such notice and in the impacted by the regulation; and priate committees of Congress a report on Federal Register; and ‘‘(iv) thoroughly addresses, based on the the implementation of section 1111(c)(1)(L) of ‘‘(C) conduct regional meetings to review comments received during the comment and the Elementary and Secondary Education such proposed regulation before issuing any review period under paragraph (3), whether Act of 1965 (20 U.S.C. 6311(c)(1)(L)), including final regulation.’’; the rule is financially and operationally via- the progress made and the remaining bar- (C) by redesignating subsection (c) as sub- ble at the local level; and riers relating to such implementation. section (d); ‘‘(B) an explanation of how the entities de- SEC. 1018. STUDENT PRIVACY POLICY COM- (D) by inserting after subsection (b) the scribed in subparagraph (A)(ii) may cover MITTEE. following: the cost of the burden assessed under such (a) ESTABLISHMENT OF A COMMITTEE ON ‘‘(c) ALTERNATIVE PROCESS IF FAILURE TO subparagraph.’’; and STUDENT PRIVACY POLICY.—Not later than 60 REACH CONSENSUS.—If consensus, as defined (E) by inserting after subsection (d), as re- days after the date of enactment of this Act, in section 562 of title 5, United States Code, designated by subparagraph (C), the fol- there is established a committee to be on any proposed regulation is not reached by lowing: known as the ‘‘Student Privacy Policy Com- the individuals selected under paragraph ‘‘(e) RULE OF CONSTRUCTION.—Nothing in mittee’’ (referred to in this section as the (3)(B) for the negotiated rulemaking process, this section affects the applicability of sub- ‘‘Committee’’). or if the Secretary determines that a nego- chapter II of chapter 5, and chapter 7, of title (b) MEMBERSHIP.— tiated rulemaking process is unnecessary, 5, United States Code (commonly known as (1) COMPOSITION.—The Committee shall be the Secretary may propose a regulation in the ‘Administrative Procedure Act’) or chap- composed of— the following manner: ter 8 of title 5, United States Code (com- (A) 3 individuals appointed by the Sec- ‘‘(1) NOTICE TO CONGRESS.—Not less than 30 monly known as the ‘Congressional Review retary of Education; days prior to issuing a notice of proposed Act’).’’; (B) not less than 8 and not more than 13 in- rulemaking in the Federal Register, the Sec- (6) in section 1502(a), as redesignated by dividuals appointed by the Comptroller Gen- retary shall provide to the Committee on paragraph (4)— eral of the United States, representing— Health, Education, Labor, and Pensions of (A) by striking ‘‘section 1901’’ and insert- (i) experts in education data and student the Senate, the Committee on Education and ing ‘‘section 1501’’; and privacy; the Workforce of the House of Representa- (B) by striking ‘‘or provides a written’’ and (ii) educators and parents; tives, and other relevant congressional com- all that follows through the period at the (iii) State and local government officials mittees, notice of the Secretary’s intent to end and inserting ‘‘or, where negotiated rule- responsible for managing student informa- issue a notice of proposed rulemaking that making is not pursued, shall conform to sec- tion; shall include— tion 1501(c).’’; and (iv) education technology leaders in the ‘‘(A) a copy of the regulation to be pro- (7) in section 1503, as redesignated by para- State or a local educational agency; posed; graph (4)— (v) experts with practical experience deal- ‘‘(B) a justification of the need to issue a (A) in subsection (a)(2), by striking ‘‘stu- ing with data privacy management at the regulation; dent academic achievement’’ and inserting State or local level; ‘‘(C) the anticipated burden, including the ‘‘academic’’; and (vi) experts with a background in academia time, cost, and paperwork burden, the regu- (B) in subsection (b)(2)— or research in data privacy and education lations will impose on State educational (i) in subparagraph (C), by striking ‘‘, in- data; and agencies, local educational agencies, schools, cluding vocational educators’’; (vii) education technology providers and and other entities that may be impacted by (ii) in subparagraph (F), by striking ‘‘and’’ education data storage providers; and the regulation; after the semicolon; and (C) 4 members appointed by— ‘‘(D) the anticipated benefits to State edu- (iii) by striking subparagraph (G) and in- (i) the majority leader of the Senate; cational agencies, local educational agen- serting the following: (ii) the minority leader of the Senate;

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(iii) the Speaker of the House of Represent- (E) establish best practices for the local (b) PUBLIC DISSEMINATION.—The Director of atives; and entities who handle student privacy, which the Institute of Education Sciences shall (iv) the minority leader of the House of may include professional development for widely disseminate the findings of the study Representatives. those who come into contact with identifi- under this section— (D) CHAIRPERSON.—The Committee shall able data; and (1) in a timely fashion; select a Chairperson from among its mem- (F) discuss how to improve coordination (2) in a form that is understandable, easily bers. between Federal and State laws. accessible, and publicly available and usable, (E) VACANCIES.—Any vacancy in the Com- (f) REPORT.—Not later than 270 days after or adaptable for use in, the improvement of mittee shall not affect the powers of the the date of enactment of this Act, the Com- educational practice; Committee and shall be filled in the same mittee shall prepare and submit a report to (3) through electronic transfer and other manner as an initial appointment described the Secretary of Education and to Congress means, such as posting, as available, to the in subparagraphs (A) through (C). containing the findings of the study under website of the Institute of Education subsection (e)(1) and the recommendations (c) MEETINGS.—The Committee shall hold, Sciences, or the Department of Education; at the call of the Chairperson, not less than developed under subsection (e)(2). and 5 meetings before completing the study re- SEC. 1019. REPORT ON STUDENT HOME ACCESS (4) to all State educational agencies and TO DIGITAL LEARNING RESOURCES. quired under subsection (e) and the report re- other recipients of funds under part D of (a) IN GENERAL.—Not later than 18 months quired under subsection (f). title IV of the Elementary and Secondary after the date of enactment of this Act, the (d) PERSONNEL MATTERS.— Education Act of 1965. Director of the Institute of Education (c) DEFINITION OF DIGITAL LEARNING.—In (1) COMPENSATION OF MEMBERS.—Each Sciences, in consultation with relevant Fed- member of the Committee shall serve with- this section, the term ‘‘digital learning’’— eral agencies, shall complete a national (1) has the meaning given the term in sec- out compensation in addition to any such study on the educational trends and behav- compensation received for the member’s tion 5702 of the Elementary and Secondary iors associated with access to digital learn- Education Act of 1965; and service as an officer or employee of the ing resources outside of the classroom, which United States, if applicable. (2) includes an educational practice that shall include analysis of extant data and new effectively uses technology to strengthen a (2) TRAVEL EXPENSES.—The members of the surveys about students and teachers that Committee shall be allowed travel expenses, student’s learning experience within and provide— outside of the classroom and at home, which including per diem in lieu of subsistence, at (1) a description of the various locations rates authorized for employees of agencies may include the use of digital learning con- from which students access the Internet and tent, video, software, and other resources under subchapter 1 of chapter 57 of title 5, digital learning resources outside of the that may be developed, as the Secretary of United States Code, while away from their classroom, including through an after-school Education may determine. homes or regular places of business in the or summer program, a library, and at home; performance of services for the Committee. (2) a description of the various devices and TITLE II—HIGH-QUALITY TEACHERS, (e) DUTIES OF THE COMMITTEE.— technology through which students access PRINCIPALS, AND OTHER SCHOOL (1) STUDY.—The Committee shall conduct a the Internet and digital learning resources LEADERS study on the effectiveness of Federal laws outside of the classroom, including through SEC. 2001. TRANSFER OF CERTAIN PROVISIONS. and enforcement mechanisms of— a computer or mobile device; The Act (20 U.S.C. 6301 et seq.) is amend- (A) student privacy; and (3) data associated with the number of stu- ed— (B) parental rights to student information. dents who lack home Internet access, (1) by redesignating subpart 5 of part C of (2) RECOMMENDATIONS.—Based on the find- disaggregated by— title II (20 U.S.C. 6731 et seq.) as subpart 3 of ings of the study under paragraph (1), the (A) each of the categories of students, as part F of title IX, as redesignated by section Committee shall develop recommendations defined in section 1111(b)(3)(A) of the Ele- 9106(1), and moving that subpart to the end addressing issues of student privacy and pa- mentary and Secondary Education Act of of part F of title IX; rental rights and how to improve and enforce 1965; (2) by redesignating sections 2361 through Federal laws regarding student privacy and (B) homeless students and children or 2368 as sections 9541 through 9548, respec- parental rights, including recommendations youth in foster care; and tively; that— (C) students in geographically diverse (3) in section 9546(b), as redesignated by (A) provide or update standard definitions, areas, including urban, suburban, and rural paragraph (2), by striking the matter fol- if needed, for relevant terms related to stu- areas; lowing paragraph (2) and inserting the fol- dent privacy, including— (4) data associated with the barriers to stu- lowing: (i) education record; dents acquiring home Internet access; ‘‘(3) A State law that makes a limitation of (ii) personally identifiable information; (5) data associated with the proportion of liability inapplicable if the civil action was (iii) aggregated, de-identified, or educators who assign homework or imple- brought by an officer of a State or local gov- anonymized data; ment innovative learning models that re- ernment pursuant to State or local law.’’; (iv) third-party; and quire or are substantially augmented by a (4) by redesignating subpart 4 of part D of (v) educational purpose; student having home Internet access and the title II as subpart 4 of part F of title IX, as (B) identify— frequency of the need for such access; redesignated by section 9106(1), and moving (i) which Federal laws should be updated; (6) a description of the learning behaviors that subpart to follow subpart 3 of part F of and associated with students who lack home title IX, as redesignated and moved by para- (ii) the appropriate Federal enforcement Internet access, including— graph (1); authority to execute the laws identified in (A) student participation in the classroom, (5) by redesignating section 2441 as section clause (i); including the ability to complete homework 9551; and (C) address the sharing of data in an in- and participate in innovative learning mod- (6) by striking the subpart heading of sub- creasingly technological world, including— els; part 4 of part F of title IX, as redesignated (i) evaluations of protections in place for (B) student engagement, through such by paragraph (4), and inserting the following: student data when it is used for research pur- measures as attendance rates and chronic ‘‘Subpart 4—Internet Safety’’. poses; absenteeism; and SEC. 2002. PREPARING, TRAINING, AND RECRUIT- (ii) establishing best practices for any enti- (C) a student’s ability to apply for employ- ING HIGH-QUALITY TEACHERS, ty that is charged with handling, or that ment, postsecondary education, and finan- PRINCIPALS, AND OTHER SCHOOL comes into contact with, student education cial aid programs; LEADERS. records; (7) an analysis of the how a student’s lack The Act (20 U.S.C. 6301 et seq.) is amended (iii) ensuring that identifiable data cannot of home Internet access impacts the instruc- by striking title II (as amended by section be used to target students for advertising or tional practice of educators, including— 2001) and inserting the following: marketing purposes; and (A) the extent to which educators alter in- ‘‘TITLE II—PREPARING, TRAINING, AND (iv) establishing best practices for data de- structional methods, resources, homework RECRUITING HIGH-QUALITY TEACHERS, letion and minimization; assignments, and curriculum in order to ac- PRINCIPALS, AND OTHER SCHOOL (D) discuss transparency and parental ac- commodate differing levels of home Internet LEADERS cess to personal student information by es- access; and ‘‘SEC. 2001. PURPOSE. tablishing best practices for— (B) strategies employed by educators, ‘‘The purpose of this title is to improve (i) ensuring parental knowledge of any en- school leaders, and administrators to address student academic achievement by— tity that stores or accesses their student’s the differing levels of home Internet access ‘‘(1) increasing the ability of local edu- information; among students; and cational agencies, schools, teachers, prin- (ii) parents to amend, delete, or modify (8) a description of the ways in which State cipals, and other school leaders to provide a their student’s information; and educational agencies, local educational agen- well-rounded and complete education for all (iii) a central designee in a State or a po- cies, schools, and other entities, including students; litical subdivision of a State who can oversee through partnerships, have developed effec- ‘‘(2) improving the quality and effective- transparency and serve as a point of contact tive means to provide students with Internet ness of teachers, principals, and other school for interested parties; access outside of the school day. leaders;

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‘‘(3) increasing the number of teachers, ‘‘PART A—FUND FOR THE IMPROVEMENT ‘‘(4) REALLOTMENT.—If any State does not principals, and other school leaders who are OF TEACHING AND LEARNING apply for an allotment under this subsection effective in improving student academic ‘‘SEC. 2101. FORMULA GRANTS TO STATES. for any fiscal year, the Secretary shall achievement in schools; and ‘‘(a) RESERVATION OF FUNDS.—From the reallot the amount of the allotment to the ‘‘(4) ensuring that low-income and minor- total amount appropriated under section remaining States in accordance with this ity students are served by effective teachers, 2003(a) for a fiscal year, the Secretary shall subsection. principals, and other school leaders and have reserve— ‘‘(c) STATE USE OF FUNDS.— access to a high-quality instructional pro- ‘‘(1) one-half of 1 percent for allotments for ‘‘(1) IN GENERAL.—Except as provided for gram. the United States Virgin Islands, Guam, under paragraph (3), each State that receives ‘‘SEC. 2002. DEFINITIONS. American Samoa, and the Commonwealth of an allotment under subsection (b) for a fiscal ‘‘In this title: the Northern Mariana Islands, to be distrib- year shall reserve not less than 95 percent of ‘‘(1) SCHOOL LEADER RESIDENCY PROGRAM.— uted among those outlying areas on the basis such allotment to make subgrants to local The term ‘school leader residency program’ of their relative need, as determined by the educational agencies for such fiscal year, as means a school-based principal, school lead- Secretary, in accordance with the purpose of described in section 2102. er, or principal and school leader preparation this title; and ‘‘(2) STATE ADMINISTRATION.—A State edu- program in which a prospective principal or ‘‘(2) one-half of 1 percent for the Secretary cational agency may use not more than 1 school leader— of the Interior for programs under this part percent of the amount allotted to such State ‘‘(A) for 1 academic year, engages in sus- in schools operated or funded by the Bureau under subsection (b) for the administrative tained and rigorous clinical learning with of Indian Education. costs of carrying out such State educational substantial leadership responsibilities and ‘‘(b) STATE ALLOTMENTS.— agency’s responsibilities under this part. an opportunity to practice and be evaluated ‘‘(1) HOLD HARMLESS.— ‘‘(3) PRINCIPALS AND OTHER SCHOOL LEAD- in an authentic school setting; and ‘‘(A) FISCAL YEARS 2016 THROUGH 2021.—For ERS.—Notwithstanding paragraph (1) and in ‘‘(B) during that academic year— each of fiscal years 2016 through 2021, subject addition to funds otherwise available for ac- ‘‘(i) participates in evidence-based to paragraph (2) and subparagraph (C), from tivities under paragraph (4), a State edu- cational agency may reserve not more than coursework that is integrated with the clin- the funds appropriated under section 2003(a) 3 percent of the amount reserved for sub- ical residency experience; and for a fiscal year that remain after the Sec- grants to local educational agencies under ‘‘(ii) receives ongoing support from a men- retary makes the reservations under sub- paragraph (1) for activities for principals and tor principal or school leader who is effec- section (a), the Secretary shall allot to each other school leaders described in paragraph tive. State an amount equal to the total amount (4), if such reservation would not result in a ‘‘(2) STATE.—The term ‘State’ means each that such State received for fiscal year 2001 lower allocation to local educational agen- of the 50 States, the District of Columbia, under— cies under section 2102, as compared to such and the Commonwealth of Puerto Rico. ‘‘(i) section 2202(b) of this Act (as in effect on the day before the date of enactment of allocation for the preceding fiscal year. ‘‘(3) TEACHER RESIDENCY PROGRAM.—The ‘‘(4) STATE ACTIVITIES.— term ‘teacher residency program’ means a the No Child Left Behind Act of 2001); and ‘‘(ii) section 306 of the Department of Edu- ‘‘(A) IN GENERAL.—The State educational school-based teacher preparation program in agency for a State that receives an allot- which a prospective teacher— cation Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106– ment under subsection (b) may use funds not ‘‘(A) for not less than 1 academic year, reserved under paragraph (1) to carry out 1 teaches alongside an effective teacher, as de- 554). ‘‘(B) RATABLE REDUCTION.—If the funds de- or more of the activities described in sub- termined by a teacher evaluation system im- scribed in subparagraph (A) are insufficient paragraph (B), which may be implemented in plemented under part A (if applicable), who to pay the full amounts that all States are conjunction with a State agency of higher is the teacher of record for the classroom; eligible to receive under subparagraph (A) education (if such agencies are separate) and ‘‘(B) receives concurrent instruction dur- for any fiscal year, the Secretary shall rat- carried out through a grant or contract with ing the year described in subparagraph (A)— ably reduce those amounts for the fiscal a for-profit or nonprofit entity, including an ‘‘(i) through courses that may be taught by year. institution of higher education. local educational agency personnel or by fac- ‘‘(C) PERCENTAGE REDUCTION.—For each of ‘‘(B) TYPES OF STATE ACTIVITIES.—The ac- ulty of the teacher preparation program; and fiscal years 2016 through 2021, the amount in tivities described in this subparagraph are ‘‘(ii) in the teaching of the content area in subparagraph (A) shall be reduced by a per- the following: which the teacher will become certified or li- centage equal to the product of 14.29 percent ‘‘(i) Reforming teacher, principal, and censed; and and the number of years between the fiscal other school leader certification, recertifi- ‘‘(C) acquires effective teaching skills, as year for which the determination is being cation, licensing, or tenure systems or prepa- demonstrated through completion of a resi- made and fiscal year 2015. ration program standards and approval proc- dency program, or other measure determined ‘‘(2) ALLOTMENT OF ADDITIONAL FUNDS.— esses to ensure that— by the State, which may include a teacher ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(I) teachers have the necessary subject- performance assessment. (B), for any fiscal year for which the funds matter knowledge and teaching skills, as ‘‘SEC. 2003. AUTHORIZATION OF APPROPRIA- appropriated under section 2003(a) and not demonstrated through measures determined TIONS. reserved under subsection (a) exceed the by the State, which may include teacher per- ‘‘(a) GRANTS TO STATES AND LOCAL EDU- total amount required to make allotments formance assessments, in the academic sub- CATIONAL AGENCIES.—For the purposes of under paragraph (1), the Secretary shall allot jects that the teachers teach to help stu- carrying out part A (other than section 2105), to each State the sum of— dents meet challenging State academic there are authorized to be appropriated such ‘‘(i) an amount that bears the same rela- standards described in section 1111(b)(1); sums as may be necessary for each of fiscal tionship to 20 percent of the excess amount ‘‘(II) principals and other school leaders years 2016 through 2021. as the number of individuals age 5 through 17 have the instructional leadership skills to ‘‘(b) NATIONAL ACTIVITIES.—For the pur- in the State, as determined by the Secretary help teachers teach and to help students poses of carrying out activities authorized on the basis of the most recent satisfactory meet such challenging State academic stand- under section 2105, there are authorized to be data, bears to the number of those individ- ards; and appropriated such sums as may be necessary uals in all such States, as so determined; and ‘‘(III) teacher certification or licensing re- for each of fiscal years 2016 through 2021. ‘‘(ii) an amount that bears the same rela- quirements are aligned with such chal- ‘‘(c) TEACHER AND SCHOOL LEADER INCEN- tionship to 80 percent of the excess amount lenging State academic standards. TIVE PROGRAM.—For the purposes of carrying out part B, there are authorized to be appro- as the number of individuals age 5 through 17 ‘‘(ii) Developing, improving, or providing priated such sums as may be necessary for from families with incomes below the pov- assistance to local educational agencies to each of fiscal years 2016 through 2021. erty line in the State, as determined by the support the design and implementation of ‘‘(d) AMERICAN HISTORY AND CIVICS EDU- Secretary on the basis of the most recent teacher, principal, and other school leader CATION.—For the purposes of carrying out satisfactory data, bears to the number of evaluation and support systems that are part C, there are authorized to be appro- those individuals in all such States, as so de- based in part on evidence of student aca- priated such sums as may be necessary for termined. demic achievement, which may include stu- each of fiscal years 2016 through 2021. ‘‘(B) EXCEPTION.—No State receiving an al- dent growth, and shall include multiple ‘‘(e) LITERACY EDUCATION FOR ALL, RE- lotment under subparagraph (A) may receive measures of educator performance and pro- SULTS FOR THE NATION.—For the purposes of less than one-half of 1 percent of the total vide clear, timely, and useful feedback to carrying out part D, there are authorized to excess amount allotted under such subpara- teachers, principals, and other schools lead- be appropriated such sums as may be nec- graph for a fiscal year. ers, such as by— essary for each of fiscal years 2016 through ‘‘(3) FISCAL YEAR 2022 AND SUCCEEDING FIS- ‘‘(I) developing and disseminating high- 2021. CAL YEARS.—For fiscal year 2022 and each of quality evaluation tools, such as classroom ‘‘(f) STEM INSTRUCTION AND STUDENT the succeeding fiscal years, the Secretary observation rubrics, and methods, including ACHIEVEMENT.—For the purposes of carrying shall allot funds appropriated under section training and auditing, for ensuring inter- out part E, there are authorized to be appro- 2003(a) and not reserved under subsection (a) rater reliability of evaluation results; priated such sums as may be necessary for to each State in accordance with paragraph ‘‘(II) developing and providing training to each of fiscal years 2016 through 2021. (2). principals, other school leaders, coaches,

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and strued to allow the Secretary to exercise any ‘‘(iv) Carrying out programs that establish, ‘‘(II) the development and support of other direction, supervision, or control over State expand, or improve alternative routes for school leadership programs to develop edu- State certification of teachers (especially for teacher licensing or certification require- cational leaders. ments. teachers of children with disabilities, ‘‘(ix) Supporting efforts to train teachers, English learners, science, technology, engi- principals, and other school leaders to effec- ‘‘(d) STATE PLAN.— neering, mathematics, or other areas where tively integrate technology into curricula ‘‘(1) IN GENERAL.—In order to receive an al- the State demonstrates a shortage of edu- and instruction, which may include blended lotment under this section for any fiscal cators), principals, and other school leaders, learning projects that include an element of year, a State shall submit a plan to the Sec- for— online learning, combined with supervised retary, at such time, in such manner, and ‘‘(I) individuals with a baccalaureate or learning time and student-led learning, in containing such information as the Sec- master’s degree, or other advanced degree; which the elements are connected to provide retary may reasonably require. ‘‘(II) mid-career professionals from other an integrated learning experience. ‘‘(2) CONTENTS.—Each plan described under occupations; ‘‘(x) Providing training, technical assist- paragraph (1) shall include the following: ‘‘(III) paraprofessionals; ‘‘(A) A description of how the State edu- ‘‘(IV) former military personnel; and ance, and capacity-building to local edu- ‘‘(V) recent graduates of institutions of cational agencies that receive a subgrant cational agency will use funds received higher education with records of academic under this part. under this title for State-level activities de- distinction who demonstrate the potential to ‘‘(xi) Supporting teacher, principal, and scribed in subsection (c). become highly effective teachers, principals, other school leader residency programs. ‘‘(B) A description of the State’s system of or other school leaders. ‘‘(xii) Reforming or improving teacher, certification, licensing, and professional ‘‘(v) Developing, improving, and imple- principal, and other school leader prepara- growth and improvement, such as clinical menting mechanisms to assist local edu- tion programs. experience for prospective educators, support cational agencies and schools in effectively ‘‘(xiii) Supporting the instructional serv- for new educators, professional development, recruiting and retaining teachers, principals, ices provided by effective school library pro- professional growth and leadership opportu- and other school leaders who are effective in grams. nities, and compensation systems for teach- improving student academic achievement, ‘‘(xiv) Supporting the instructional serv- ers, principals, and other educators. including highly effective teachers from ices provided by athletic administrators, ‘‘(C) A description of how activities under such as through professional development or underrepresented minority groups and teach- this part are aligned with challenging State relevant State certification or licensure for ers with disabilities, such as through— academic standards and State assessments such administrators. ‘‘(I) opportunities for a cadre of effective under section 1111, which may include, as ap- ‘‘(xv) Developing, or assisting local edu- teachers to lead evidence-based professional propriate, relevant State early learning and development for their peers; cational agencies in developing, strategies that provide teachers, principals, and other developmental guidelines, as required under ‘‘(II) career opportunities for teachers to section 658E(c)(2)(T) of the Child Care and grow as leaders, including hybrid roles that school leaders with the skills, credentials, or Development Block Grant Act of 1990 (42 allow teachers to voluntarily serve as men- certifications needed to educate all students U.S.C. 9858c(c)(2)(T)). tors or academic coaches while remaining in in postsecondary education coursework the classroom; and through early college high school or dual or ‘‘(D) A description of how the activities ‘‘(III) providing training and support for concurrent enrollment courses or programs. using funds under this part are expected to teacher leaders and school leaders who are ‘‘(xvi) Providing training for all school per- improve student achievement. recruited as part of instructional leadership sonnel, including teachers, principals, other ‘‘(E) If a State educational agency plans to teams. school leaders, specialized instructional sup- use funds under this part to improve equi- ‘‘(vi) Fulfilling the State educational agen- port personnel, and paraprofessionals, re- table access to effective teachers, principals, cy’s responsibilities concerning proper and garding how to prevent and recognize child and other school leaders, a description of efficient administration and monitoring of sexual abuse. how such funds will be used to meet the the programs carried out under this part, in- ‘‘(xvii) Supporting principals, other school State’s commitment described in section cluding provision of technical assistance to leaders, teachers, teacher leaders, para- 1111(c)(1)(F) to ensure equitable access to ef- local educational agencies. professionals, early childhood education pro- fective teachers, principals, and school lead- ‘‘(vii) Developing, or assisting local edu- gram directors, and other early childhood ers. cational agencies in developing— education program providers to participate ‘‘(F) An assurance that the State edu- ‘‘(I) teacher advancement initiatives that in efforts to align and promote quality early cational agency will monitor the implemen- promote professional growth and emphasize learning experiences from prekindergarten tation of activities under this part and pro- multiple career paths, such as school leader- through grade 3. vide technical assistance to local edu- ship, mentoring, involvement with school ‘‘(xviii) Developing and providing profes- cational agencies in carrying out such ac- intervention and support, and instructional sional development and instructional mate- tivities. coaching; rials for science, technology, engineering, ‘‘(G) An assurance that the State edu- ‘‘(II) strategies that provide differential and mathematics subjects, including com- cational agency will work in consultation pay, or other incentives, to recruit and re- puter science. with the entity responsible for teacher and tain teachers in high-need academic subjects ‘‘(xix) Supporting the efforts and profes- principal professional standards, certifi- and teachers, principals, or other school sional development of teachers, principals, leaders, in low-income schools and school and other school leaders to integrate aca- cation, and licensing for the State, and en- districts, which may include performance- demic and career and technical education courage collaboration between educator based pay systems; and content into instructional practices, which preparation programs, the State, and local ‘‘(III) new teacher, principal, and other may include— educational agencies to promote the readi- school leader induction and mentoring pro- ‘‘(I) integrating career and technical edu- ness of new educators entering the profes- grams that are evidence-based and designed cation with advanced coursework, such as by sion. to— allowing the acquisition of postsecondary ‘‘(H) A description of how the State edu- ‘‘(aa) improve classroom instruction and credits, recognized postsecondary creden- cational agency will improve the skills of student learning and achievement; tials, and industry-based credentials, by stu- teachers, principals, and other school leaders ‘‘(bb) increase the retention of effective dents while in high school; or in order to enable them to identify students teachers, principals, and other school lead- ‘‘(II) coordinating activities with employ- with specific learning needs, particularly ers; ers and entities carrying out initiatives students with disabilities, English learners, ‘‘(cc) improve school leadership to improve under other workforce development pro- students who are gifted and talented, and classroom instruction and student learning grams to identify State and regional work- students with low literacy levels, and pro- and achievement; and force needs, such as through the develop- vide instruction based on the needs of such ‘‘(dd) provide opportunities for teachers, ment of State and local plans under title I of students. principals, and other school leaders who are the Workforce Innovation and Opportunity ‘‘(I) A description of how the State will use experienced, are effective, and have dem- Act (29 U.S.C. 3111 et seq); data and ongoing consultation with and

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00181 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.037 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5360 CONGRESSIONAL RECORD — SENATE July 21, 2015 input from teachers and teacher organiza- percent for the direct administrative costs of ‘‘(x) improving the academic and non-aca- tions, principals, other school leaders, spe- carrying out its responsibilities under this demic skills of all students that are essential cialized instructional support personnel, par- part. for learning readiness and academic success; ents, community partners, and (where appli- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in and cable) institutions of higher education, to this section shall be construed to prohibit a ‘‘(xi) any other evidence-based factors that continually update and improve the activi- consortium of local educational agencies the local educational agency determines are ties supported under this part. that are designated with a school locale code appropriate to meet the needs of schools ‘‘(J) A description of actions the State may of 41, 42, or 43, or such local educational within the jurisdiction of the local edu- take to improve preparation programs and agencies designated with a school locale code cational agency and meet the purpose of this strengthen support for principals and other of 41, 42, or 43 that work in cooperation with title. school leaders based on the needs of the an educational service agency, from volun- ‘‘(3) CONSULTATION.— State, as identified by the State educational tarily combining allocations received under ‘‘(A) IN GENERAL.—In conducting a needs agency. this part for the collective use of funding by assessment described in paragraph (2), a ‘‘(3) CONSULTATION.—In developing the the consortium for activities under this sec- local educational agency shall— State plan under this subsection, a State tion. ‘‘(i) involve teachers, teacher organiza- ‘‘(b) LOCAL APPLICATIONS.— shall— tions, principals, and other school leaders, ‘‘(1) IN GENERAL.—To be eligible to receive ‘‘(A) involve teachers, teacher organiza- specialized instructional support personnel, a subgrant under this section, a local edu- tions, principals, other school leaders, spe- parents, community partners, and others cialized instructional support personnel, par- cational agency shall conduct a needs assess- with relevant and demonstrated expertise in ents, community partners, and other organi- ment described in paragraph (2) and submit programs and activities designed to meet the zations or partners with relevant and dem- an application to the State educational purpose of this title; and onstrated expertise in programs and activi- agency at such time, in such manner, and ‘‘(ii) take into account the activities that ties designed to meet the purpose of this containing such information as the State need to be conducted in order to give teach- title; educational agency may reasonably require. ers, principals, and other school leaders the ‘‘(B) seek advice from the individuals, or- ‘‘(2) NEEDS ASSESSMENT.— skills to provide students with the oppor- ganizations, or partners described in sub- ‘‘(A) IN GENERAL.—To be eligible to receive paragraph (A) regarding how best to improve a subgrant under this section, a local edu- tunity to meet challenging State academic the State’s activities to meet the purpose of cational agency shall periodically conduct a standards described in section 1111(b)(1). this title; and comprehensive needs assessment of the local ‘‘(B) CONTINUED CONSULTATION.—A local ‘‘(C) coordinate the State’s activities under educational agency and of all schools served educational agency receiving a subgrant this part with other related strategies, pro- by the local educational agency. under this section shall consult with such in- grams, and activities being conducted in the ‘‘(B) REQUIREMENTS.—The needs assess- dividuals and organizations described in sub- State. ment under subparagraph (A) shall be de- paragraph (A) on an ongoing basis in order ‘‘(e) PROHIBITION.—Nothing in this section signed to determine the schools with the to— shall be construed to authorize the Secretary most acute staffing needs related to— ‘‘(i) seek advice regarding how best to im- or any other officer or employee of the Fed- ‘‘(i) increasing the number of teachers, prove the local educational agency’s activi- eral Government to mandate, direct, or con- principals, and other school leaders who are ties to meet the purpose of this title; and trol any of the following: effective in improving student academic ‘‘(ii) coordinate the local educational agen- ‘‘(1) The development, improvement, or im- achievement; cy’s activities under this part with other re- plementation of elements of any teacher, ‘‘(ii) ensuring that low-income and minor- lated strategies, programs, and activities principal, or school leader evaluation sys- ity students are not disproportionately being conducted in the community. tems. served by ineffective teachers, principals, ‘‘(4) CONTENTS OF APPLICATION.—Each ap- ‘‘(2) Any State or local educational agen- and other school leaders; plication submitted under paragraph (1) shall cy’s definition of teacher, principal, or other ‘‘(iii) ensuring that low-income and minor- be based on the results of the needs assess- school leader effectiveness. ity students have access to— ment required under paragraph (2) and shall ‘‘(3) Any teacher, principal, or other school ‘‘(I) a high-quality instructional program include the following: leader professional standards, certification, (such as opportunities for high-quality post- ‘‘(A) A description of the results of the or licensing. secondary education coursework through an comprehensive needs assessment carried out ‘‘SEC. 2102. SUBGRANTS TO LOCAL EDUCATIONAL early college high school or a dual or concur- under paragraph (2). AGENCIES. rent enrollment program); and ‘‘(B) A description of the activities to be ‘‘(a) ALLOCATION OF FUNDS TO LOCAL EDU- ‘‘(II) class sizes that are appropriate and carried out by the local educational agency CATIONAL AGENCIES.— evidence-based; under this section and how these activities ‘‘(1) IN GENERAL.—From funds reserved by a ‘‘(iv) hiring, retention, and advancement will be aligned with the challenging State State under section 2101(c)(1) for a fiscal and leadership opportunities for effective academic standards described in section year, the State, acting through the State teachers, principals, and other school lead- 1111(b)(1). educational agency, shall award subgrants to ers; ‘‘(C) A description of how such activities eligible local educational agencies from allo- ‘‘(v) supporting and developing all edu- will comply with the principles of effective- cations described in paragraph (2). cators, including preschool, kindergarten, el- ness described in section 2103(c). ‘‘(2) ALLOCATION FORMULA.—From the funds ementary, middle, or high school teachers ‘‘(D) A description of the activities, includ- described in paragraph (1), the State edu- (including special education and career and ing professional development, that will be cational agency shall allocate to each of the technical education teachers), principals, made available to meet needs identified by eligible local educational agencies in the other school leaders, early childhood direc- the needs assessment described in paragraph State for a fiscal year the sum of— tors, specialized instructional support per- (2). ‘‘(A) an amount that bears the same rela- sonnel, paraprofessionals, or other staff ‘‘(E) A description of the local educational tionship to 20 percent of such funds for such members who provide or directly support in- agency’s systems of hiring and professional fiscal year as the number of individuals aged struction; growth and improvement, such as induction 5 through 17 in the geographic area served by ‘‘(vi) understanding and using data and as- for teachers, principals, and other school the agency, as determined by the Secretary sessments to improve student learning and leaders. on the basis of the most recent satisfactory classroom practice; ‘‘(F) A description of how the local edu- data, bears to the number of those individ- ‘‘(vii) improving student behavior, includ- cational agency will support efforts to train uals in the geographic areas served by all eli- ing the response of teachers, principals, and teachers, principals, and other school leaders gible local educational agencies in the State, other school leaders to student behavior, in to effectively integrate technology into cur- as so determined; and the classroom and school, including the iden- ricula and instruction. ‘‘(B) an amount that bears the same rela- tification of early and appropriate interven- ‘‘(G) A description of how the local edu- tionship to 80 percent of the funds for such tions, which may include positive behavioral cational agency will prioritize funds to fiscal year as the number of individuals aged interventions and supports; schools served by the agency that are identi- 5 through 17 from families with incomes ‘‘(viii) teaching students who are English fied under section 1114(a)(1)(A) and have the below the poverty line in the geographic area learners, children who are in early childhood highest percentage or number of children served by the agency, as determined by the education programs, children with disabil- counted under section 1124(c). Secretary on the basis of the most recent ities, American Indian children, Alaskan Na- ‘‘(H) Where a local educational agency has satisfactory data, bears to the number of tive children, and gifted and talented stu- a significant number of schools identified those individuals in the geographic areas dents; under section 1114(a)(1)(A), as determined by served by all the eligible local educational ‘‘(ix) ensuring that funds are used to sup- the State, a description of how the local edu- agencies in the State, as so determined. port schools served by the local educational cational agency will seek the input of the ‘‘(3) ADMINISTRATIVE COSTS.—Of the agency that are identified under section State educational agency in planning and amounts allocated to a local educational 1114(a)(1)(A) and schools with high percent- implementing activities under this part. agency under paragraph (2), the local edu- ages or numbers of children counted under ‘‘(I) A description of how the local edu- cational agency may use not more than 2 section 1124(c); cational agency will increase and improve

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00182 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.037 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5361 opportunities for meaningful teacher leader- ‘‘(III) improve school leadership to improve tion and student academic achievement, ship and for building the capacity of teach- classroom instruction and student learning which may include providing additional time ers. and achievement; and for teachers to review student data and re- ‘‘(J) An assurance that the local edu- ‘‘(IV) provide opportunities for mentor spond, as appropriate; cational agency will comply with section teachers, principals, and other educators ‘‘(I) supporting teacher, principal, and 9501 (regarding participation by private who are experienced, are effective, and have school leader residency programs; school children and teachers). demonstrated an ability to work with adult ‘‘(J) reforming or improving teacher, prin- ‘‘(K) An assurance that the local edu- learners; cipal, and other school leader preparation cational agency will coordinate professional ‘‘(v) the development and provision of programs; development activities authorized under this training for school leaders, coaches, mentors ‘‘(K) carrying out in-service training for part with professional development activi- and evaluators on how to accurately dif- school personnel in— ties provided through other Federal, State, ferentiate performance, provide useful feed- ‘‘(i) the techniques and supports needed for back, and use evaluation results to inform and local programs. early identification of children with trauma decisionmaking about professional develop- histories, and children with, or at risk of, ‘‘SEC. 2103. LOCAL USE OF FUNDS. ment, improvement strategies, and personnel mental illness; ‘‘(a) IN GENERAL.—A local educational decisions; and ‘‘(ii) the use of referral mechanisms that agency that receives a subgrant under sec- ‘‘(vi) a system for auditing the quality of effectively link such children to appropriate tion 2102 shall use the funds made available evaluation and support systems; treatment and intervention services in the through the subgrant to develop, implement, ‘‘(C) recruiting qualified individuals from school and in the community, where appro- and evaluate comprehensive, evidence-based other fields to become teachers, principals, priate; and programs and activities described in sub- or other school leaders including mid-career ‘‘(iii) forming partnerships between school- section (b), which may be carried out professionals from other occupations, former based mental health programs and public or through a grant or contract with a for-profit military personnel, and recent graduates of private mental health organizations; or nonprofit entity, in partnership with an institutions of higher education with a ‘‘(L) providing training to support the institution of higher education, or in part- record of academic distinction who dem- nership with an Indian tribe or tribal organi- onstrate potential to become effective teach- identification of students who are gifted and zation (as defined under section 4 of the In- ers, principals, or other school leaders; talented, including high-ability students who dian Self-Determination and Education As- ‘‘(D) reducing class size to an evidence- have not been formally identified for gifted sistance Act (25 U.S.C. 450b)). based level to improve student achievement education services, and implementing in- through the recruiting and hiring of addi- structional practices that support the edu- ‘‘(b) TYPES OF ACTIVITIES.—The activities tional effective teachers; cation of such students, such as— described in this subsection— ‘‘(E) providing high-quality, personalized ‘‘(i) early entrance to kindergarten; ‘‘(1) shall meet the needs identified in the professional development for teachers, in- ‘‘(ii) enrichment, acceleration, and cur- needs assessment described in section structional leadership teams, principals, and riculum compacting activities; and 2102(b)(2); other school leaders, focused on improving ‘‘(iii) dual or concurrent enrollment in sec- ‘‘(2) shall be in accordance with the pur- teaching and student learning and achieve- ondary school and postsecondary education; pose of this title, evidence-based, and con- ment, including supporting efforts to train ‘‘(M) supporting the instructional services sistent with the principles of effectiveness teachers, principals, and other school leaders provided by effective school library pro- described in subsection (c); to— grams; ‘‘(3) shall address the learning needs of all ‘‘(i) effectively integrate technology into ‘‘(N) providing general liability insurance students, including children with disabil- curricula and instruction (including edu- coverage for teachers related to actions per- ities, English learners, and gifted and tal- cation about the harms of copyright piracy); formed in the scope of their duties; ented students; and ‘‘(ii) use data from such technology to im- ‘‘(O) providing training for all school per- ‘‘(4) may include, among other programs prove student achievement; sonnel, including teachers, principals, other and activities— ‘‘(iii) effectively engage parents, families school leaders, specialized instructional sup- ‘‘(A) developing or improving a rigorous, and community partners, and coordinate port personnel, and paraprofessionals, re- transparent, and fair evaluation and support services between school and community; garding how to prevent and recognize child system for teachers, principals, and other ‘‘(iv) help all students develop the aca- sexual abuse; school leaders that is based in part on evi- demic and nonacademic skills essential for ‘‘(P) developing and providing professional dence of student achievement, which may in- learning readiness and academic success; and development and instructional materials for clude student growth, and shall include mul- ‘‘(v) develop policy with school, local edu- science, technology, engineering, and mathe- tiple measures of educator performance and cational agency, community, or State lead- matics subjects, including computer science; provide clear, timely, and useful feedback to ers; ‘‘(Q) providing training for teachers, prin- teachers, principals, and other schools lead- ‘‘(F) developing programs and activities cipals, and other school leaders to address ers; that increase the ability of teachers to effec- school climate issues such as school vio- ‘‘(B) developing and implementing initia- tively teach children with disabilities, in- lence, bullying, harassment, drug and alco- tives to assist in recruiting, hiring, and re- cluding children with significant cognitive taining highly effective teachers, principals, disabilities, which may include the use of hol use and abuse, and rates of chronic ab- and other school leaders, particularly in low- multi-tier systems of support and positive senteeism (including both excused and unex- income schools with high percentages of in- behavioral intervention and supports, and cused absences); effective teachers and high percentages of students who are English learners, so that ‘‘(R) increasing time for common planning, students who do not meet the challenging such children with disabilities and students within and across content areas and grade State academic standards described in sec- who are English learners can meet the chal- levels; tion 1111(b)(1), to improve within-district eq- lenging State academic standards described ‘‘(S) increasing opportunities for teacher- uity in the distribution of teachers, prin- in section 1111(b)(1); designed and implemented professional de- cipals, and school leaders consistent with the ‘‘(G) providing programs and activities to velopment activities, which may include op- requirements of section 1111(c)(1)(F), such as increase— portunities for experiential learning through initiatives that provide— ‘‘(i) the knowledge base of teachers, prin- observation; ‘‘(i) expert help in screening candidates cipals, and other school leaders on instruc- ‘‘(T) developing feedback mechanisms to and enabling early hiring; tion in the early grades and on strategies to improve school working conditions; ‘‘(ii) differential and incentive pay for measure whether young children are pro- ‘‘(U) providing high-quality professional teachers, principals, and other school leaders gressing; and development for teachers, principals, and in high-need academic subject areas and spe- ‘‘(ii) the ability of principals and other other school leaders on effective strategies cialty areas, which may include perform- school leaders to support teachers, teacher to integrate rigorous academic content, ca- ance-based pay systems; leaders, early childhood educators, and other reer and technical education, and work-based ‘‘(iii) teacher, paraprofessional, principal, professionals to meet the needs of students learning, if appropriate, which may include and other school leader advancement and through age 8, which may include providing providing common planning time, to help professional growth, and an emphasis on joint professional learning and planning ac- prepare students for postsecondary edu- leadership opportunities, multiple career tivities for school staff and educators in pre- cation and the workforce without the need paths and pay differentiation; school programs that address the transition for remediation; ‘‘(iv) new teacher, principal, and other to elementary school; ‘‘(V) providing educator training to in- school leader induction and mentoring pro- ‘‘(H) providing training, technical assist- crease students’ entrepreneurship skills; and grams that are designed to— ance, and capacity-building in local edu- ‘‘(W) regularly conducting, and publicly re- ‘‘(I) improve classroom instruction and cational agencies to assist teachers and porting the results of, an assessment and a student learning and achievement; school leaders with selecting and imple- plan to address such results, of educator sup- ‘‘(II) increase the retention of effective menting formative assessments, designing port and working conditions that— teachers, principals, and other school lead- classroom-based assessments, and using data ‘‘(i) evaluates supports for teachers, lead- ers; from such assessments to improve instruc- ers, and other school personnel, such as—

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00183 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.037 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5362 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(I) teacher and principal perceptions of tivities that will be implemented by a local ‘‘(i) understand early indicators of stu- availability of high-quality professional de- educational agency. dents at risk of not attaining full literacy velopment and instructional materials; ‘‘SEC. 2104. REPORTING. skills due to a disability, including dyslexia ‘‘(II) timely availability of data on student ‘‘(a) STATE REPORT.—Each State edu- impacting reading and writing, or develop- academic achievement and growth; cational agency receiving funds under this mental delay impacting reading, writing, ‘‘(III) the presence of high-quality instruc- part shall annually submit to the Secretary language processing, comprehension, or ex- tional leadership; and a report that provides— ecutive functioning; ‘‘(IV) opportunities for professional ‘‘(1) the number and percentage of teach- ‘‘(ii) use evidence-based screening assess- growth, such as career ladders and men- ers, principals, and other school leaders in ments for early identification of such stu- toring and induction programs; the State and each local educational agency dents beginning not later than kindergarten; ‘‘(ii) evaluates working conditions for in the State who are licensed or certified, and teachers, leaders and other school personnel, provided such information does not reveal ‘‘(iii) implement evidence-based instruc- such as— personally identifiable information; tion designed to meet the specific needs of ‘‘(I) school safety and climate; ‘‘(2) the first-time passing rate of teachers such students; and ‘‘(II) availability and use of common plan- and principals in the State and each local ‘‘(E) disseminate the products of the com- ning time and opportunities to collaborate; educational agency in the State on teacher prehensive center to regionally diverse State and and principal licensure examinations, pro- educational agencies, local educational agen- ‘‘(III) community engagement; and vided such information does not reveal per- cies, regional educational agencies, and ‘‘(iii) is developed with teachers, leaders, sonally identifiable information; schools, including, as appropriate, through other school personnel, parents, students, ‘‘(3) a description of how chosen profes- partnerships with other comprehensive cen- and the community; and sional development activities improved ters established under section 203 of the Edu- ‘‘(X) carrying out other evidence-based ac- teacher and principal performance; and cational Technical Assistance Act of 2002 and tivities identified by the local educational ‘‘(4) if funds are used under this part to im- regional educational laboratories established agency that meet the purpose of this title. prove equitable access to teachers, prin- under section 174 of the Education Sciences ‘‘(c) PRINCIPLES OF EFFECTIVENESS.— cipals, and other school leaders for low-in- Reform Act of 2002; and ‘‘(1) IN GENERAL.—For a program or activ- come and minority students, a description of ‘‘(2) may— ity supported with funds provided under this how funds have been used to improve such ‘‘(A) provide technical assistance, which part to meet principles of effectiveness, such access. may be carried out directly or through program or activity shall— ‘‘(b) LOCAL EDUCATIONAL AGENCY REPORT.— grants or contracts, to States and local edu- ‘‘(A) be based on an assessment of objective Each local educational agency receiving cational agencies carrying out activities data regarding the need for programs and ac- funds under this part shall submit to the under this part; and tivities in the schools to be served to— State educational agency such information ‘‘(B) carry out evaluations of activities by ‘‘(i) increase the number of teachers, prin- as the State requires, which shall include the States and local educational agencies under cipals, and other school leaders who are ef- information described in subsection (a) for this part, which shall be conducted by a fective in improving student academic the local educational agency. third party or by the Institute of Education achievement; ‘‘(c) AVAILABILITY.—The reports and infor- Sciences. ‘‘(ii) ensure that low-income and minority mation provided under subsections (a) and ‘‘(c) PROGRAMS OF NATIONAL SIGNIFI- students are served by effective teachers, (b) shall be made readily available to the CANCE.— principals, and other school leaders; and public. ‘‘(1) IN GENERAL.—From the funds reserved ‘‘(iii) ensure that low-income and minority ‘‘(d) LIMITATION.—The reports and informa- by the Secretary under subsection (a)(2), the students have access to a high-quality in- tion provided under subsections (a) and (b) Secretary shall award grants, on a competi- structional program; shall not reveal personally identifiable infor- tive basis, to eligible entities for the pur- ‘‘(B) be based on established and evidence- mation about any individual. poses of— based criteria— ‘‘SEC. 2105. NATIONAL ACTIVITIES OF DEM- ‘‘(A) providing teachers, principals, and ‘‘(i) aimed at ensuring that all students re- ONSTRATED EFFECTIVENESS. other school leaders from nontraditional ceive a high-quality education taught by ef- ‘‘(a) IN GENERAL.—From the funds appro- preparation and certification routes or path- fective teachers and attend schools led by ef- priated under section 2003(b) to carry out ways to serve in traditionally underserved fective principals and other school leaders; this section, the Secretary— local educational agencies; and ‘‘(1) shall reserve such funds as are nec- ‘‘(B) providing evidence-based professional ‘‘(ii) that result in improved student aca- essary to carry out activities under sub- development activities that addresses lit- demic achievement in the school served by section (b); eracy, numeracy, remedial, or other needs of the program or activity; and ‘‘(2) shall reserve not less than 40 percent local educational agencies and the students ‘‘(C) include meaningful and ongoing con- of the funds appropriated under such section the agencies serve; sultation with and input from teachers, to carry out activities under subsection (c); ‘‘(C) providing teachers, principals, and teacher organizations, principals, other and other school leaders with professional devel- school leaders, specialized instructional sup- ‘‘(3) shall reserve not less than 40 percent opment activities that enhance or enable the port personnel, parents, community part- of such funds to carry out activities under provision of postsecondary coursework ners, and (where applicable) institutions of subsection (d). through dual or concurrent enrollment and higher education, in the development of the ‘‘(b) TECHNICAL ASSISTANCE AND NATIONAL early college high school settings across a application and administration of the pro- EVALUATION.—From the funds reserved by local educational agency. gram or activity. the Secretary under subsection (a)(1), the ‘‘(D) making freely available services and ‘‘(2) PERIODIC EVALUATION.— Secretary— learning opportunities to local educational ‘‘(A) IN GENERAL.—A program or activity ‘‘(1) shall establish, in a manner consistent agencies, through partnerships and coopera- carried out under this section shall undergo with section 203 of the Educational Tech- tive agreements or by making the services or a periodic evaluation to assess its progress nical Assistance Act of 2002, a comprehensive opportunities publicly accessible through toward achieving the goal of providing stu- center on students at risk of not attaining electronic means; or dents with a high-quality education, taught full literacy skills due to a disability, which ‘‘(E) providing teachers, principals, and by effective teachers, in schools led by effec- shall— other school leaders with evidence-based pro- tive principals and school leaders that re- ‘‘(A) identify or develop free or low-cost fessional enhancement activities, which may sults in improved student academic achieve- evidence-based assessment tools for identi- include activities that lead to an advanced ment. fying students at risk of not attaining full credential. ‘‘(B) USE OF RESULTS.—The results of an literacy skills due to a disability, including ‘‘(2) PROGRAM PERIODS AND DIVERSITY OF evaluation described in subparagraph (A) dyslexia impacting reading and writing, or PROJECTS.— shall be— developmental delay impacting reading, ‘‘(A) IN GENERAL.—A grant awarded by the ‘‘(i) used to refine, improve, and strengthen writing, language processing, comprehen- Secretary to an eligible entity under this the program or activity, and to refine the sion, or executive functioning; subsection shall be for a period of not more criteria described in paragraph (1)(B); and ‘‘(B) identify evidence-based literacy in- than 3 years. ‘‘(ii) made available to the public upon re- struction, strategies, and accommodations, ‘‘(B) RENEWAL.—The Secretary may renew quest, with public notice of such availability including assistive technology, designed to a grant awarded under this subsection for 1 provided. meet the specific needs of such students; additional 2-year period. ‘‘(3) PROHIBITION.—Nothing in this sub- ‘‘(C) provide families of such students with ‘‘(C) DIVERSITY OF PROJECTS.—In awarding section shall be construed to authorize the information to assist such students; grants under this subsection, the Secretary Secretary or any other officer or employee of ‘‘(D) identify or develop evidence-based shall ensure that, to the extent practicable, the Federal Government to mandate, direct, professional development for teachers, para- grants are distributed among eligible enti- or control the principles of effectiveness de- professionals, principals, other school lead- ties that will serve geographically diverse veloped by local educational agencies under ers, and specialized instructional support areas, including urban, suburban, and rural paragraph (1) or the specific programs or ac- personnel to— areas.

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‘‘(D) LIMITATION.—The Secretary shall not ‘‘(D) providing continuous professional de- ‘‘(ii) a high school in which not less than 40 award more than 1 grant under this sub- velopment for principals and other school percent of the enrolled students are from section to an eligible entity during a grant leaders in high-need schools; families with incomes below the poverty competition. ‘‘(E) developing and disseminating infor- line. ‘‘(3) COST-SHARING.— mation on best practices and strategies for ‘‘SEC. 2106. SUPPLEMENT, NOT SUPPLANT. ‘‘(A) IN GENERAL.—An eligible entity that effective school leadership in high-need ‘‘Funds made available under this part schools, such as training and supporting receives a grant under this subsection shall shall be used to supplement, and not sup- principals to identify, develop, and maintain provide, from non-Federal sources, not less plant, non-Federal funds that would other- school leadership teams using various lead- than 25 percent of the funds for the total cost wise be used for activities authorized under ership models; and for each year of activities carried out under this part. this subsection. ‘‘(F) other evidence-based programs or ac- ‘‘(B) ACCEPTABLE CONTRIBUTIONS.—An eligi- tivities described in section 2101(c)(3) or sec- ‘‘PART B—TEACHER AND SCHOOL LEADER ble entity that receives a grant under this tion 2103(b)(4) focused on principals and INCENTIVE PROGRAM subsection may meet the requirement of sub- other school leaders in high-need schools. ‘‘SEC. 2201. PURPOSES; DEFINITIONS. ROGRAM PERIODS AND DIVERSITY OF paragraph (A) by providing contributions in ‘‘(2) P ‘‘(a) PURPOSES.—The purposes of this part cash or in kind, fairly evaluated, including PROJECTS.— are— plant, equipment, and services. ‘‘(A) IN GENERAL.—A grant awarded by the ‘‘(1) to assist States, local educational ‘‘(C) WAIVERS.—The Secretary may waive Secretary to an eligible entity under this agencies, and nonprofit organizations to de- or modify the requirement of subparagraph subsection shall be for a period of not more velop, implement, improve, or expand com- (A) in cases of demonstrated financial hard- than 5 years. prehensive performance-based compensation ‘‘(B) RENEWAL.—The Secretary may renew ship. systems or human capital management sys- a grant awarded under this subsection for 1 ‘‘(4) APPLICATIONS.—In order to receive a tems for teachers, principals, and other additional 2-year period. grant under this subsection, an eligible enti- school leaders (especially for teachers, prin- ‘‘(C) DIVERSITY OF PROJECTS.—In awarding ty shall submit an application to the Sec- cipals, and other school leaders in high-need grants under this subsection, the Secretary retary at such time, in such manner, and schools) who raise student academic achieve- shall ensure that, to the extent practicable, containing such information as the Sec- ment and close the achievement gap between grants are distributed among eligible enti- retary may reasonably require. Such applica- high- and low-performing students; and ties that will serve geographically diverse tion shall include, at a minimum, a certifi- ‘‘(2) to study and review performance-based areas, including urban, suburban, and rural cation that the services provided by an eligi- compensation systems or human capital areas. ble entity under the grant to a local edu- management systems for teachers, prin- ‘‘(D) LIMITATION.—The Secretary shall not cational agency or to a school served by the cipals, and other school leaders to evaluate local educational agency will not result in award more than 1 grant under this sub- section to an eligible entity during a grant the effectiveness, fairness, quality, consist- direct fees for participating students or par- ency, and reliability of the systems. ents. competition. ‘‘(3) COST-SHARING.— ‘‘(b) DEFINITIONS.—In this part: ‘‘(5) DEFINITION OF ELIGIBLE ENTITY.—In ‘‘(A) IN GENERAL.—An eligible entity that ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible this subsection, the term ‘eligible entity’ receives a grant under this subsection shall entity’ means— means— provide, from non-Federal sources, not less ‘‘(A) a local educational agency, including ‘‘(A) an institution of higher education than 25 percent of the funds for the total cost a charter school that is a local educational that provides course materials or resources for each year of activities carried out under agency, or a consortium of local educational that are evidence-based in increasing aca- this subsection. agencies; demic achievement, graduation rates, or ‘‘(B) ACCEPTABLE CONTRIBUTIONS.—An eligi- ‘‘(B) a State educational agency or other rates of postsecondary education matricula- ble entity that receives a grant under this State agency designated by the chief execu- tion; subsection may meet the requirement of sub- tive of a State to participate under this part; ‘‘(B) a national nonprofit entity with a paragraph (A) by providing contributions in or demonstrated record of raising student aca- cash or in-kind, fairly evaluated, including ‘‘(C) a partnership consisting of— demic achievement, graduation rates, and plant, equipment, and services. ‘‘(i) 1 or more agencies described in sub- rates of higher education attendance, ma- ‘‘(C) WAIVERS.—The Secretary may waive paragraph (A) or (B); and triculation, or completion, or of effective- or modify the requirement of subparagraph ‘‘(ii) at least 1 nonprofit or for-profit enti- ness in providing preparation and profes- (A) in cases of demonstrated financial hard- ty. sional development activities and programs ship. ‘‘(2) HIGH-NEED SCHOOL.—The term ‘high- for teachers, principals, and other school ‘‘(4) APPLICATIONS.—An eligible entity that need school’ means a public elementary leaders; or desires a grant under this subsection shall school or secondary school that is located in ‘‘(C) a partnership consisting of— submit to the Secretary an application at an area in which the percentage of students ‘‘(i) 1 or more entities described in sub- such time, in such manner, and accompanied from families with incomes below the pov- paragraph (A) or (B); and by such information as the Secretary may erty line is 30 percent or more. ‘‘(ii) a for-profit entity. require. ‘‘(3) HUMAN CAPITAL MANAGEMENT SYS- ‘‘(d) SCHOOL LEADER RECRUITMENT AND ‘‘(5) PRIORITY.—In awarding grants under TEM.—The term ‘human capital management SUPPORT PROGRAMS.— this subsection, the Secretary shall give pri- system’ means a system— ‘‘(1) IN GENERAL.—From the funds reserved ority to an eligible entity with a record of ‘‘(A) by which a local educational agency by the Secretary under subsection (a)(3), the preparing or developing principals who— makes and implements human capital deci- Secretary shall award grants, on a competi- ‘‘(A) have improved school-level student sions, such as decisions on preparation, re- tive basis, to eligible entities to enable such outcomes; cruitment, hiring, placement, retention, dis- entities to improve the recruitment, prepa- ‘‘(B) have become principals in high-need missal, compensation, professional develop- ration, placement, support, and retention of schools; and ment, tenure, and promotion; and effective principals and other school leaders ‘‘(C) remain principals in high-need schools ‘‘(B) that includes a performance-based in high-need schools, which may include— for multiple years. compensation system. ‘‘(A) developing or implementing leader- ‘‘(6) DEFINITIONS.—In this subsection— ‘‘(4) PERFORMANCE-BASED COMPENSATION ship training programs designed to prepare ‘‘(A) the term ‘eligible entity’ means— SYSTEM.—The term ‘performance-based com- and support principals and other school lead- ‘‘(i) a local educational agency, including pensation system’ means a system of com- ers in high-need schools, including through an educational service agency, that serves a pensation for teachers, principals, and other new or alternative pathways and school lead- high-need school or a consortium of such school leaders that— er residency programs; agencies; ‘‘(A) differentiates levels of compensation ‘‘(B) developing or implementing programs ‘‘(ii) a State educational agency or a con- based in part on measurable increases in stu- or activities for recruiting, selecting, and de- sortium of such agencies; dent academic achievement; and veloping aspiring or current principals and ‘‘(iii) a State educational agency in part- ‘‘(B) may include— other school leaders to serve in high-need nership with 1 or more local educational ‘‘(i) differentiated levels of compensation, schools; agencies or educational service agencies that which may include bonus pay, on the basis of ‘‘(C) developing or implementing programs serve a high-need school; or the employment responsibilities and success for recruiting, developing, and placing school ‘‘(iv) an entity described in clause (i), (ii), of effective teachers, principals, and other leaders to improve schools identified for or (iii) in partnership with 1 or more non- school leaders in hard-to-staff schools or intervention and support under section profit organizations or institutions of higher high-need subject areas; and 1114(a)(1)(A), including through cohort-based education; and ‘‘(ii) recognition of the skills and knowl- activities that build effective instructional ‘‘(B) the term ‘high-need school’ means— edge of teachers, principals, and other school and school leadership teams and develop a ‘‘(i) an elementary school in which not less leaders as demonstrated through— school culture, design, instructional pro- than 50 percent of the enrolled students are ‘‘(I) successful fulfillment of additional re- gram, and professional development program from families with incomes below the pov- sponsibilities or job functions, such as teach- focused on improving student learning; erty line; or er leadership roles; and

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TEACHER AND SCHOOL LEADER IN- ‘‘(9) a description of the State, local, or or CENTIVE FUND GRANTS. other public or private funds that will be ‘‘(III) take on additional leadership respon- ‘‘(a) GRANTS AUTHORIZED.—From the used to supplement the grant, including sibilities; or amounts appropriated to carry out this part, funds under part A, and sustain the activi- ‘‘(ii) principals and other school leaders the Secretary shall award grants, on a com- ties assisted under the grant at the end of who serve in high-need schools and raise stu- petitive basis, to eligible entities to enable the grant period; dent academic achievement in the schools. the eligible entities to develop, implement, ‘‘(10) a description of— ‘‘(E) Improving the local educational agen- improve, or expand performance-based com- ‘‘(A) the rationale for the project; cy’s system and process for the recruitment, pensation systems or human capital manage- ‘‘(B) how the proposed activities are evi- selection, placement, and retention of effec- ment systems, in schools served by the eligi- dence-based; and tive teachers and school leaders in high-need ble entity. ‘‘(C) if applicable, the prior experience of schools, such as by improving local edu- the eligible entity in developing and imple- ‘‘(b) DURATION OF GRANTS.— cational agency policies and procedures to menting such activities; and ‘‘(1) IN GENERAL.—A grant awarded under ensure that high-need schools are competi- this part shall be for a period of not more ‘‘(11) a description of how activities funded tive and timely in— than 3 years. under this part will be evaluated, monitored, ‘‘(i) attracting, hiring, and retaining effec- and publically reported. ‘‘(2) RENEWAL.—The Secretary may renew tive educators; ‘‘(d) AWARD BASIS.— a grant awarded under this part for a period ‘‘(ii) offering bonuses or higher salaries to ‘‘(1) PRIORITY.—In awarding a grant under effective teachers; or of up to 2 years if the grantee demonstrates this part, the Secretary shall give priority to to the Secretary that the grantee is effec- ‘‘(iii) establishing or strengthening resi- an eligible entity that concentrates the ac- dency programs. tively utilizing funds. Such renewal may in- tivities proposed to be assisted under the clude allowing the grantee to scale up or rep- ‘‘(F) Instituting career advancement op- grant on teachers, principals, and other portunities characterized by increased re- licate the successful program. school leaders serving in high-need schools. IMITATION sponsibility and pay that reward and recog- ‘‘(3) L .—A local educational agen- ‘‘(2) EQUITABLE DISTRIBUTION.—To the ex- cy may receive (whether individually or as nize effective teachers and school leaders in tent practicable, the Secretary shall ensure high-need schools and enable them to expand part of a consortium or partnership) a grant an equitable geographic distribution of their leadership and results, such as through under this part only twice, as of the date of grants under this part, including the dis- teacher-led professional development, men- enactment of the Every Child Achieves Act tribution of such grants between rural and toring, coaching, hybrid roles, administra- of 2015. urban areas. tive duties, and career ladders. ‘‘(c) APPLICATIONS.—An eligible entity de- ‘‘(e) USE OF FUNDS.— ‘‘(f) MATCHING REQUIREMENT.—Each eligi- siring a grant under this part shall submit ‘‘(1) IN GENERAL.—An eligible entity that ble entity that receives a grant under this an application to the Secretary, at such receives a grant under this part shall use the part shall provide, from non-Federal sources, time, in such manner, and containing such grant funds to develop, implement, improve, information as the Secretary may reason- an amount equal to 50 percent of the amount or expand, in collaboration with teachers, of the grant (which may be provided in cash ably require. The application shall include— principals, other school leaders, and mem- or in-kind) to carry out the activities sup- ‘‘(1) a description of the performance-based bers of the public, a performance-based com- ported by the grant. compensation system or human capital man- pensation system or human capital manage- ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Grant agement system that the eligible entity pro- ment system consistent with this part. funds provided under this part shall be used poses to develop, implement, improve, or ex- ‘‘(2) AUTHORIZED ACTIVITIES.—Grant funds to supplement, not supplant, other Federal pand through the grant; under this part may be used for the fol- or State funds available to carry out activi- ‘‘(2) a description of the most pressing gaps lowing: ties described in this part. or insufficiencies in student access to effec- ‘‘(A) Developing or improving an evalua- ‘‘SEC. 2203. REPORTS. tive teachers and school leaders in high-need tion and support system, including as part of ‘‘(a) ACTIVITIES SUMMARY.—Each eligible schools, including gaps or inequities in how a human capital management system as ap- entity receiving a grant under this part shall effective teachers and school leaders are dis- plicable, that— provide to the Secretary a summary of the tributed across the local educational agency, ‘‘(i) reflects clear and fair measures of activities assisted under the grant. as identified using factors such as data on teacher, principal, and other school leader ‘‘(b) REPORT.—The Secretary shall provide school resources, staffing patterns, school performance, based in part on demonstrated to Congress an annual report on the imple- environment, educator support systems, and improvement in student academic achieve- mentation of the program carried out under other school-level factors; ment; and this part, including— ‘‘(3) a description and evidence of the sup- ‘‘(ii) provides teachers, principals, and ‘‘(1) information on eligible entities that port and commitment from teachers, prin- other school leaders with ongoing, differen- received grant funds under this part, includ- cipals, and other school leaders, which may tiated, targeted, and personalized support ing— include charter school leaders, in the school and feedback for improvement, including ‘‘(A) information provided by eligible enti- (including organizations representing teach- professional development opportunities de- ties to the Secretary in the applications sub- ers, principals, and other school leaders), the signed to increase effectiveness. mitted under section 2202(c); community, and the local educational agen- ‘‘(B) Conducting outreach within a local ‘‘(B) the summaries received under sub- cy to the activities proposed under the educational agency or a State to gain input section (a); and grant; on how to construct an evaluation system ‘‘(C) grant award amounts; and ‘‘(4) a description of how the eligible entity described in subparagraph (A) and to develop ‘‘(2) student academic achievement and, as will develop and implement a fair, rigorous, support for the evaluation system, including applicable, growth data from the schools par- valid, reliable, and objective process to by training appropriate personnel in how to ticipating in the programs supported under evaluate teacher, principal, school leader, observe and evaluate teachers, principals, the grant. and student performance under the system and other school leaders. ‘‘(c) EVALUATION AND TECHNICAL ASSIST- that is based in part on measures of student ‘‘(C) Providing principals and other school ANCE.— academic achievement, including the base- leaders with— ‘‘(1) RESERVATION OF FUNDS.—Of the total line performance against which evaluations ‘‘(i) balanced autonomy to make budg- amount reserved under section 2003(c) for of improved performance will be made; eting, scheduling, and other school-level de- this part for a fiscal year, the Secretary may ‘‘(5) a description of the local educational cisions in a manner that meets the needs of reserve for such fiscal year not more than 1 agencies or schools to be served under the the school without compromising the intent percent for the cost of the evaluation under grant, including such student academic or essential components of the policies of the paragraph (2) and for technical assistance in achievement, demographic, and socio- local educational agency or State; and carrying out this part. economic information as the Secretary may ‘‘(ii) authority to make staffing decisions ‘‘(2) EVALUATION.—From amounts reserved request; that meet the needs of the school, such as under paragraph (1), the Secretary, acting ‘‘(6) a description of the quality of teach- building an instructional leadership team through the Director of the Institute of Edu- ers, principals, and other school leaders in that includes teacher leaders or offering op- cation Sciences, shall carry out an inde- the local educational agency and the schools portunities for teams or pairs of effective pendent evaluation to measure the effective- to be served under the grant and the extent teachers or candidates to teach or start ness of the program assisted under this part. to which the system will increase the quality teaching in high-need schools together. ‘‘(3) CONTENTS.—The evaluation under of teachers, principals, and other school ‘‘(D) Implementing, as part of a com- paragraph (2) shall measure— leaders in a high-need school; prehensive performance-based compensation ‘‘(A) the effectiveness of the program in ‘‘(7) a description of how the eligible entity system, a differentiated salary structure, improving student academic achievement; will use grant funds under this part in each which may include bonuses and stipends, ‘‘(B) the satisfaction of the participating year of the grant, including a timeline for to— teachers, principals, and other school lead- implementation of such activities; ‘‘(i) teachers who— ers; and

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‘‘(C) the extent to which the program as- ican History and Civics (in this section re- ‘‘(A) IN GENERAL.—Each year, each Con- sisted the eligible entities in recruiting and ferred to as the ‘Presidential Academies’) in gressional Academy shall select between 100 retaining high-quality teachers, principals, accordance with subsection (e); and and 300 eligible students to attend the sem- and other school leaders, especially in high- ‘‘(2) eligible entities to establish Congres- inar or institute under paragraph (1). need subject areas.’’. sional Academies for Students of American ‘‘(B) ELIGIBLE STUDENTS.—A student shall SEC. 2003. AMERICAN HISTORY AND CIVICS EDU- History and Civics (in this section referred be eligible to attend a seminar or institute CATION. to as the ‘Congressional Academies’) in ac- offered by a Congressional Academy under Title II (20 U.S.C. 6601 et seq.), as amended cordance with subsection (f). this subsection if the student— by section 2002, is further amended by adding ‘‘(b) APPLICATION.—An eligible entity that ‘‘(i) is recommended by the student’s sec- at the end the following: desires to receive a grant under subsection ondary school principal or other school lead- ‘‘PART C—AMERICAN HISTORY AND (a) shall submit an application to the Sec- er to attend the seminar or institute; and CIVICS EDUCATION retary at such time, in such manner, and ‘‘(ii) will be a junior or senior in the aca- ‘‘SEC. 2301. PROGRAM AUTHORIZED. containing such information as the Sec- demic year following attendance at the sem- ‘‘(a) IN GENERAL.—From amounts appro- retary may reasonably require. inar or institute. priated to carry out this part, the Secretary ‘‘(c) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(3) STUDENT STIPENDS.—Each student se- is authorized to carry out an American his- entity’ under this section means— lected to participate in a seminar or insti- tory and civics education program to im- ‘‘(1) an institution of higher education or tute under this subsection shall be awarded a prove— nonprofit educational organization, museum, fixed stipend based on the length of the sem- ‘‘(1) the quality of American history, library, or research center with dem- inar or institute to ensure that such student civics, and government education by edu- onstrated expertise in historical method- does not incur personal costs associated with cating students about the history and prin- ology or the teaching of American history the student’s participation in the seminar or ciples of the Constitution of the United and civics; or institute. States, including the Bill of Rights; and ‘‘(2) a consortium of entities described in ‘‘(g) MATCHING FUNDS.— ‘‘(2) the quality of the teaching of Amer- paragraph (1). ‘‘(1) IN GENERAL.—An eligible entity that ican history, civics, and government in ele- ‘‘(d) GRANT TERMS.—Grants awarded to eli- receives funds under subsection (a) shall pro- mentary schools and secondary schools, in- gible entities under subsection (a) shall be vide, toward the cost of the activities as- cluding the teaching of traditional American for a term of not more than 5 years. sisted under the grant, from non-Federal history. ‘‘(e) PRESIDENTIAL ACADEMIES.— sources, an amount equal to 100 percent of ‘‘(b) FUNDING ALLOTMENT.—From amounts ‘‘(1) USE OF FUNDS.—Each eligible entity the amount of the grant. made available under section 2305 for a fiscal that receives a grant under subsection (a)(1) ‘‘(2) WAIVER.—The Secretary may waive all year, the Secretary shall— shall use the grant funds to establish a Pres- or part of the matching requirement de- ‘‘(1) use not less than 85 percent for activi- idential Academy that offers a seminar or in- scribed in paragraph (1) for any fiscal year ties under section 2302; stitute for teachers of American history and for an eligible entity if the Secretary deter- ‘‘(2) use not less than 10 percent for activi- civics, which— mines that applying the matching require- ties under section 2303; and ‘‘(A) provides intensive professional devel- ment would result in serious hardship or an ‘‘(3) use not more than 5 percent for activi- opment opportunities for teachers of Amer- inability to carry out the activities de- ties under section 2304. ican history and civics to strengthen such scribed in subsection (e) or (f). ‘‘SEC. 2302. TEACHING OF TRADITIONAL AMER- teachers’ knowledge of the subjects of Amer- ‘‘SEC. 2304. NATIONAL ACTIVITIES. ICAN HISTORY. ican history and civics; ‘‘(a) PURPOSE.—The purpose of this section ‘‘(a) IN GENERAL.—From the amounts re- ‘‘(B) is led by a team of primary scholars is to promote new and existing evidence- served by the Secretary under section and core teachers who are accomplished in based strategies to encourage innovative 2301(b)(1), the Secretary shall award grants, the field of American history and civics; American history, civics and government, on a competitive basis, to local educational ‘‘(C) is conducted during the summer or and geography instruction, learning strate- agencies— other appropriate time; and gies, and professional development activities ‘‘(1) to carry out activities to promote the ‘‘(D) is of not less than 2 weeks and not and programs for teachers, principals, and teaching of traditional American history in more than 6 weeks in duration. other school leaders, particularly such in- elementary schools and secondary schools as ‘‘(2) SELECTION OF TEACHERS.—Each year, struction, strategies, activities, and pro- a separate academic subject (not as a compo- each Presidential Academy shall select be- grams that benefit low-income students and nent of social studies); and tween 50 and 300 teachers of American his- underserved populations. ‘‘(2) for the development, implementation, tory and civics from public or private ele- ‘‘(b) IN GENERAL.—From the funds reserved and strengthening of programs to teach tra- mentary schools and secondary schools to by the Secretary under section 2301(b)(3), the ditional American history as a separate aca- attend the seminar or institute under para- Secretary shall award grants, on a competi- demic subject (not as a component of social graph (1). tive basis, to eligible entities for the pur- studies) within elementary school and sec- ‘‘(3) TEACHER STIPENDS.—Each teacher se- poses of— ondary school curricula, including the imple- lected to participate in a seminar or insti- ‘‘(1) expanding, developing, implementing, mentation of activities— tute under this subsection shall be awarded a evaluating, and disseminating for voluntary ‘‘(A) to improve the quality of instruction; fixed stipend based on the length of the sem- use, innovative, evidenced-based approaches and inar or institute to ensure that such teacher or professional development programs in ‘‘(B) to provide professional development does not incur personal costs associated with American history, civics and government, and teacher education activities with respect the teacher’s participation in the seminar or and geography, which may include— to American history. institute. ‘‘(A) hands-on civic engagement activities ‘‘(b) REQUIRED PARTNERSHIP.—A local edu- ‘‘(4) PRIORITY.—In awarding grants under for teachers and low-income students; and cational agency that receives a grant under this subsection, the Secretary shall give pri- ‘‘(B) programs that educate students about subsection (a) shall carry out activities ority to eligible entities that coordinate or the history and principles of the Constitu- under the grant in partnership with 1 or align their activities with the National Park tion of the United States, including the Bill more of the following: Service National Centennial Parks initiative of Rights and that demonstrate scalability, ‘‘(1) An institution of higher education. to develop innovative and comprehensive accountability, and a focus on underserved ‘‘(2) A nonprofit history or humanities or- programs using the resources of the National populations; and ganization. Parks. ‘‘(2) developing other innovative ap- ‘‘(3) A library or museum. ‘‘(f) CONGRESSIONAL ACADEMIES.— proaches that— ‘‘(c) APPLICATION.—To be eligible to receive a grant under this section, a local edu- ‘‘(1) USE OF FUNDS.—Each eligible entity ‘‘(A) improve the quality of student cational agency shall submit an application that receives a grant under subsection (a)(2) achievement in, and teaching of, American to the Secretary at such time, in such man- shall use the grant funds to establish a Con- history, civics and government, and geog- ner, and containing such information as the gressional Academy that offers a seminar or raphy, in elementary schools and secondary Secretary may reasonably require. institute for outstanding students of Amer- schools; and ‘‘(d) GRANT TERMS.—Grants awarded under ican history and civics, which— ‘‘(B) demonstrate innovation, scalability, subsection (a) shall be for a term of not more ‘‘(A) broadens and deepens such students’ accountability, and a focus on underserved than 5 years. understanding of American history and populations. ‘‘SEC. 2303. PRESIDENTIAL AND CONGRESSIONAL civics; ‘‘(c) PROGRAM PERIODS AND DIVERSITY OF ACADEMIES FOR AMERICAN HIS- ‘‘(B) is led by a team of primary scholars PROJECTS.— TORY AND CIVICS. and core teachers who are accomplished in ‘‘(1) IN GENERAL.—A grant awarded by the ‘‘(a) IN GENERAL.—From the amounts re- the field of American history and civics; Secretary to an eligible entity under this served under section 2301(b)(2), the Secretary ‘‘(C) is conducted during the summer or section shall be for a period of not more than shall award not more than 12 grants, on a other appropriate time; and 3 years. competitive basis, to— ‘‘(D) is of not less than 2 weeks and not ‘‘(2) RENEWAL.—The Secretary may renew ‘‘(1) eligible entities to establish Presi- more than 6 weeks in duration. a grant awarded under this section for 1 ad- dential Academies for the Teaching of Amer- ‘‘(2) SELECTION OF STUDENTS.— ditional 2-year period.

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‘‘(3) DIVERSITY OF PROJECTS.—In awarding and to monitor the child’s progress and the ‘‘SEC. 2402. COMPREHENSIVE LITERACY STATE grants under this section, the Secretary effects of instruction; DEVELOPMENT GRANTS. shall ensure that, to the extent practicable, ‘‘(I) uses strategies to enhance children’s ‘‘(a) GRANTS AUTHORIZED.—From the grants are distributed among eligible enti- motivation to read and write and children’s amounts appropriated to carry out this part ties that will serve geographically diverse engagement in self-directed learning; and not reserved under subsection (b), the areas, including urban, suburban, and rural ‘‘(J) incorporates the principles of uni- Secretary shall award grants, on a competi- areas. versal design for learning; tive basis, to State educational agencies to ‘‘(d) APPLICATIONS.—In order to receive a ‘‘(K) depends on teachers’ collaboration in enable the State educational agencies to— grant under this section, an eligible entity planning, instruction, and assessing a child’s ‘‘(1) provide subgrants to eligible entities shall submit an application to the Secretary progress and on continuous professional serving a diversity of geographic areas, giv- at such time, in such manner, and con- learning; and ing priority to entities serving greater num- taining such information as the Secretary ‘‘(L) links literacy instruction to the chal- bers or percentages of disadvantaged chil- may reasonably require. lenging State academic standards under sec- dren; and ‘‘(e) ELIGIBLE ENTITY.—In this section, the tion 1111(b)(1), including the ability to navi- ‘‘(2) develop or enhance comprehensive lit- term ‘eligible entity’ means an institution of gate, understand, and write about, complex eracy instruction plans that ensure high- higher education or other nonprofit or for- print and digital subject matter. quality instruction and effective strategies profit organization with demonstrated exper- ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible in reading and writing for children from tise in the development of evidence-based ap- entity’ means an entity that serves a high early childhood education through grade 12, proaches for improving the quality of Amer- percentage of high-need schools and consists including English learners and children with ican history, geography, and civics learning of— disabilities. and teaching. ‘‘(A) one or more local educational agen- ‘‘(b) RESERVATION.—From the amounts ap- ‘‘SEC. 2305. AUTHORIZATION OF APPROPRIA- cies that— propriated to carry out this part for a fiscal TIONS. ‘‘(i) have the highest number or proportion year, the Secretary shall reserve— ‘‘There are authorized to be appropriated of children who are counted under section ‘‘(1) not more than a total of 5 percent for to carry out this part such sums as may be 1124(c), in comparison to other local edu- national activities including a national eval- necessary for fiscal years 2016 through 2021.’’. cational agencies in the State; uation, technical assistance and training, SEC. 2004. LITERACY EDUCATION. ‘‘(ii) are among the local educational agen- data collection, and reporting; Title II (20 U.S.C. 6601 et seq.), as amended cies in the State with the highest number or ‘‘(2) one-half of 1 percent for the Secretary by sections 2001 through 2003, is further percentages of children reading or writing of the Interior to carry out a program de- amended by adding at the end the following: below grade level, based on the most cur- scribed in this part at schools operated or ‘‘PART D—LITERACY EDUCATION FOR rently available State academic assessment funded by the Bureau of Indian Education; ALL, RESULTS FOR THE NATION data under section 1111(b)(2); or and ‘‘SEC. 2401. PURPOSES; DEFINITIONS. ‘‘(iii) serve a significant number or per- ‘‘(3) one-half of 1 percent for the outlying ‘‘(a) PURPOSES.—The purposes of this part centage of schools that are identified under areas to carry out a program under this part. are— section 1114(a)(1)(A); ‘‘(c) DURATION OF GRANTS.—A grant award- ‘‘(1) to improve student academic achieve- ‘‘(B) one or more State-designated early ed under this part shall be for a period of not ment in reading and writing by providing childhood education programs, which may more than 5 years. Such grant may be re- Federal support to States to develop, revise, include home-based literacy programs for newed for an additional 2-year period upon or update comprehensive literacy instruc- preschool aged children, that have a dem- the termination of the initial period of the tion plans that, when implemented, ensure onstrated record of providing comprehensive grant if the grant recipient demonstrates to high-quality instruction and effective strate- literacy instruction for the age group such the satisfaction of the Secretary that— gies in reading and writing from early edu- program proposes to serve; or ‘‘(1) the State has made adequate progress; cation through grade 12; and ‘‘(C) a local educational agency, described and ‘‘(2) for States to provide targeted sub- in subparagraph (A), or consortium of such ‘‘(2) renewing the grant for an additional 2- grants to State-designated early childhood local educational agencies, or a State-des- year period is necessary to carry out the ob- education programs and local educational ignated early childhood education program, jectives of the grant described in subsection agencies and their public or private partners which may include home-based literacy pro- (d). to implement evidenced-based programs that grams for preschool aged children, acting in ‘‘(d) STATE APPLICATIONS.— ensure high-quality comprehensive literacy partnership with 1 or more public or private ‘‘(1) IN GENERAL.—A State educational instruction for students most in need. nonprofit organizations or agencies (which agency desiring a grant under this part shall ‘‘(b) DEFINITIONS.—In this part: may include State-designated early child- submit an application to the Secretary, at ‘‘(1) COMPREHENSIVE LITERACY INSTRUC- hood education programs) that have a dem- such time and in such manner as the Sec- TION.—The term ‘comprehensive literacy in- onstrated record of effectiveness in— retary may require. The State educational struction’ means instruction that— ‘‘(i) improving literacy achievement of agency shall collaborate with the State ‘‘(A) includes developmentally appropriate, children, consistent with the purposes of agency responsible for administering early contextually explicit, and systematic in- their participation, from birth through grade childhood education programs and the State struction, and frequent practice, in reading 12; and agency responsible for administering child and writing across content areas; ‘‘(ii) providing professional development in care programs in the State in writing and ‘‘(B) includes age-appropriate, explicit, comprehensive literacy instruction. implementing the early childhood education systematic, and intentional instruction in ‘‘(3) HIGH-NEED SCHOOL.— portion of the grant application under this phonological awareness, phonic decoding, vo- ‘‘(A) IN GENERAL.—The term ‘high-need subsection. cabulary, language structure, reading flu- school’ means— ‘‘(2) CONTENTS.—An application described ency, and reading comprehension; ‘‘(i) an elementary school or middle school in paragraph (1) shall include, at a minimum, ‘‘(C) includes age-appropriate, explicit in- in which not less than 50 percent of the en- the following: struction in writing, including opportunities rolled students are children from low-income ‘‘(A) A needs assessment that analyzes lit- for children to write with clear purposes, families; or eracy needs across the State and in high- with critical reasoning appropriate to the ‘‘(ii) a high school in which not less than 40 need schools and local educational agencies topic and purpose, and with specific instruc- percent of the enrolled students are children that serve high-need schools, including iden- tion and feedback from instructional staff; from low-income families, which may be cal- tifying the most pressing gaps in literacy ‘‘(D) makes available and uses diverse, culated using comparable data from the proficiency and inequities in student access high-quality print materials that reflect the schools that feed into the high school. to effective teachers of literacy, considering reading and development levels, and inter- ‘‘(B) LOW-INCOME FAMILY.—For purposes of each of the categories of students, as defined ests, of children; subparagraph (A), the term ‘low-income fam- in section 1111(b)(3)(A). ‘‘(E) uses differentiated instructional ap- ily’ means a family— ‘‘(B) A description of how the State edu- proaches, including individual and small ‘‘(i) in which the children are eligible for a cational agency, in collaboration with the group instruction and discussion; free or reduced price lunch under the Rich- State literacy team, if applicable, will de- ‘‘(F) provides opportunities for children to ard B. Russell National School Lunch Act (42 velop a State comprehensive literacy in- use language with peers and adults in order U.S.C. 1751 et seq.); struction plan or will revise and update an to develop language skills, including devel- ‘‘(ii) receiving assistance under the pro- already existing State comprehensive lit- oping vocabulary; gram of block grants to States for temporary eracy instruction plan. ‘‘(G) includes frequent practice of reading assistance for needy families established ‘‘(C) An implementation plan that includes and writing strategies; under part A of title IV of the Social Secu- a description of how the State educational ‘‘(H) uses age-appropriate, valid, and reli- rity Act (42 U.S.C. 601 et seq.); or agency will carry out the State activities de- able screening assessments, diagnostic as- ‘‘(iii) in which the children are eligible to scribed in subsection (e). sessments, formative assessment processes, receive medical assistance under the Med- ‘‘(D) An assurance that the State edu- and summative assessments to identify a icaid program under title XIX of the Social cational agency will use implementation child’s learning needs, to inform instruction, Security Act (42 U.S.C. 1396 et seq.). grant funds described in subsection (e)(1) for

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comprehensive literacy instruction programs administering child care programs, and, if ‘‘(2) DURATION.—The term of a subgrant as follows: applicable, the State Advisory Council on under this section shall be determined by the ‘‘(i) Not less than 15 percent of such grant Early Childhood Education and Care des- State educational agency awarding the funds shall be used for State and local pro- ignated or established pursuant to section subgrant and shall in no case exceed 5 years. grams and activities pertaining to children 642B(b)(1)(A)(i) of the Head Start Act (42 ‘‘(3) SUFFICIENT SIZE AND SCOPE.—A State from birth through kindergarten entry. U.S.C. 9837b(b)(1)(A)(i))), use a portion of the educational agency shall award subgrants ‘‘(ii) Not less than 40 percent of such grant grant funds, in accordance with section under this section of sufficient size and scope funds shall be used for State and local pro- 2402(d)(2)(D)(i), to award subgrants, on a to allow the eligible entities to carry out grams and activities, allocated equitably competitive basis, to eligible entities to en- high-quality comprehensive literacy instruc- among the grades of kindergarten through able the eligible entities to support high- tion in each grade level for which the grade 5. quality early literacy initiatives for children subgrant funds are provided. ‘‘(iii) Not less than 40 percent of such grant from birth through kindergarten entry. ‘‘(4) LOCAL APPLICATIONS.—An eligible enti- funds shall be used for State and local pro- ‘‘(2) DURATION.—The term of a subgrant ty desiring to receive a subgrant under this grams and activities, allocated equitably under this section shall be determined by the section shall submit an application to the among grades 6 through 12. State educational agency awarding the State educational agency at such time, in ‘‘(E) An assurance that the State edu- subgrant and shall in no case exceed 5 years. such manner, and containing such informa- cational agency will give priority in award- ‘‘(3) SUFFICIENT SIZE AND SCOPE.—Each tion as the State educational agency may re- ing a subgrant under section 2403 to an eligi- subgrant awarded under this section shall be quire. Such application shall include, for ble entity that— of sufficient size and scope to allow the eligi- each school that the eligible entity identifies ‘‘(i) serves children from birth through age ble entity to carry out high-quality early lit- as participating in a subgrant program under 5 who are from families with income levels eracy initiatives for children from birth this section, the following information: at or below 200 percent of the Federal pov- through kindergarten entry. ‘‘(A) A description of the eligible entity’s erty line; or ‘‘(b) LOCAL APPLICATIONS.—An eligible en- needs assessment conducted to identify how ‘‘(ii) is a local educational agency serving tity desiring to receive a subgrant under this subgrant funds will be used to inform and a high number or percentage of high-need section shall submit an application to the improve comprehensive literacy instruction schools. State educational agency, at such time, in at the school. ‘‘(e) STATE ACTIVITIES.— such manner, and containing such informa- ‘‘(B) How the school, the local educational ‘‘(1) IN GENERAL.—A State educational tion as the State educational agency may re- agency, or a provider of high-quality profes- agency receiving a grant under this section quire. Such application shall include a de- sional development will provide ongoing shall use not less than 95 percent of such scription of— high-quality professional development to all grant funds to award subgrants to eligible ‘‘(1) how the subgrant funds will be used to teachers, principals, other school leaders, entities, based on their needs assessment and enhance the language and literacy develop- specialized instructional support personnel a competitive application process. ment and school readiness of children, from (as appropriate), and other instructional ‘‘(2) RESERVATION.—A State educational leaders served by the school. agency receiving a grant under this section birth through kindergarten entry, in early ‘‘(C) How the school will identify children may reserve not more than 5 percent for ac- childhood education programs, which shall in need of literacy interventions or other tivities identified through the needs assess- include an analysis of data that support the support services. ment and comprehensive literacy plan de- proposed use of subgrant funds; ‘‘(D) An explanation of how the school will scribed in subparagraphs (A) and (B) of sub- ‘‘(2) how the subgrant funds will be used to integrate comprehensive literacy instruction section (d)(2), including the following activi- prepare and provide ongoing assistance to into core academic subjects. ties: staff in the programs, through high-quality ‘‘(E) A description of how the school will ‘‘(A) Providing technical assistance, or en- professional development; coordinate comprehensive literacy instruc- gaging qualified providers to provide tech- ‘‘(3) how the activities assisted under the tion with early childhood education and nical assistance, to eligible entities to en- subgrant will be coordinated with com- after-school programs and activities in the able the eligible entities to design and imple- prehensive literacy instruction at the kin- area served by the local educational agency. ment literacy programs. dergarten through grade 12 levels; ‘‘(B) Coordinating with institutions of ‘‘(4) how the subgrant funds will be used to ‘‘(b) LOCAL USES OF FUNDS FOR KINDER- higher education in the State to provide rec- evaluate the success of the activities as- GARTEN THROUGH GRADE 5.—An eligible enti- ommendations to strengthen and enhance sisted under the subgrant in enhancing the ty that receives a subgrant under this sec- pre-service courses for students preparing to early language and literacy development of tion shall use the subgrant funds to carry teach children from birth through grade 12 in children from birth through kindergarten out the following activities pertaining to explicit, systematic, and intensive instruc- entry; and children in kindergarten through grade 5: tion in evidence-based literacy methods. ‘‘(5) such other information as the State ‘‘(1) Developing and implementing a com- ‘‘(C) Reviewing and updating, in collabora- educational agency may require. prehensive literacy instruction plan across tion with teachers, statewide educational ‘‘(c) LOCAL USES OF FUNDS.—An eligible en- content areas for such children that— and professional organizations representing tity that receives a subgrant under this sec- ‘‘(A) serves the needs of all children, in- teachers, and statewide educational and pro- tion shall use the subgrant funds, consistent cluding children with disabilities and fessional organizations representing institu- with the entity’s approved application under English learners, especially children who are tions of higher education, State licensure or subsection (b), to— reading or writing below grade level; certification standards in the area of lit- ‘‘(1) carry out high-quality professional de- ‘‘(B) provides intensive, supplemental, ac- eracy instruction in early education through velopment opportunities for early childhood celerated, and explicit intervention and sup- grade 12. educators, teachers, principals, other school port in reading and writing for children ‘‘(D) Making publicly available, including leaders, paraprofessionals, specialized in- whose literacy skills are below grade level; on the State educational agency’s website, structional support personnel, and instruc- and information on promising instructional prac- tional leaders; ‘‘(C) supports activities that are provided tices to improve child literacy achievement. ‘‘(2) train providers and personnel to de- primarily during the regular school day but ‘‘(E) Administering and monitoring the im- velop and administer high-quality early which may be augmented by after-school and plementation of subgrants by eligible enti- childhood education literacy initiatives; and out-of-school time instruction. ties. ‘‘(3) coordinate the involvement of fami- ‘‘(2) Providing high-quality professional ‘‘(3) ADDITIONAL USES.—After carrying out lies, early childhood education program development opportunities for teachers, lit- the activities described in paragraphs (1) and staff, principals, other school leaders, spe- eracy coaches, literacy specialists, English (2), a State educational agency may use any cialized instructional support personnel (as as a second language specialists (as appro- remaining amount to carry out 1 or more of appropriate), and teachers in literacy devel- priate), principals, other school leaders, spe- the following activities: opment of children served under the cialized instructional support personnel, ‘‘(A) Developing literacy coach training subgrant. school librarians, paraprofessionals, and programs and training literacy coaches. ‘‘SEC. 2404. SUBGRANTS TO ELIGIBLE ENTITIES other program staff. ‘‘(B) Administration and evaluation of ac- IN SUPPORT OF KINDERGARTEN ‘‘(3) Training principals, specialized in- tivities carried out under this part. THROUGH GRADE 12 LITERACY. structional support personnel, and other ‘‘SEC. 2403. SUBGRANTS TO ELIGIBLE ENTITIES ‘‘(a) SUBGRANTS TO ELIGIBLE ENTITIES.— school district personnel to support, develop, IN SUPPORT OF BIRTH THROUGH ‘‘(1) SUBGRANTS.—A State educational administer, and evaluate high-quality kin- KINDERGARTEN ENTRY LITERACY. agency receiving a grant under this part dergarten through grade 5 literacy initia- ‘‘(a) SUBGRANTS.— shall use a portion of the grant funds, in ac- tives. ‘‘(1) IN GENERAL.—A State educational cordance with clauses (ii) and (iii) of section ‘‘(4) Coordinating the involvement of early agency receiving a grant under this part 2402(d)(2)(D), to award subgrants, on a com- childhood education program staff, prin- shall, in consultation with the State agen- petitive basis, to eligible entities to enable cipals, other instructional leaders, teachers, cies responsible for administering early the eligible entities to carry out the author- teacher literacy teams, English as a second childhood education programs and services, ized activities described in subsections (b) language specialists (as appropriate), special including the State agency responsible for and (c). educators, school personnel, and specialized

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SUPPLEMENT, NOT SUPPLANT. standing science, technology, engineering, prehensive literacy instruction plan de- ‘‘Grant funds provided under this part shall and mathematics teachers, particularly in scribed in subsection (b)(1) for children in be used to supplement, and not supplant, high-need and rural schools, by— grades 6 through 12. other Federal or State funds available to ‘‘(A) selecting candidates to be master ‘‘(2) Training principals, specialized in- carry out activities described in this part.’’. teachers in the corps on the basis of— struction support personnel, school librar- SEC. 2005. IMPROVING SCIENCE, TECHNOLOGY, ‘‘(i) content knowledge based on a screen- ians, and other school district personnel to ENGINEERING, AND MATHEMATICS ing examination; and support, develop, administer, and evaluate INSTRUCTION AND STUDENT ‘‘(ii) pedagogical knowledge of and success ACHIEVEMENT. high-quality comprehensive literacy instruc- in teaching; Title II (20 U.S.C. 6601 et seq.), as amended tion initiatives for grades 6 through 12. ‘‘(B) offering such teachers opportunities ‘‘(3) Assessing the quality of adolescent by sections 2001 through 2004, is further amended by adding at the end the following: to— comprehensive literacy instruction in core ‘‘(i) work with one another in scholarly academic subjects, and career and technical ‘‘PART E—IMPROVING SCIENCE, TECH- communities; education subjects where such career and NOLOGY, ENGINEERING, AND MATHE- ‘‘(ii) participate in and lead high-quality technical education subjects provide for the MATICS INSTRUCTION AND STUDENT professional development; and integration of core academic subjects. ACHIEVEMENT ‘‘(C) providing such teachers with addi- ‘‘(4) Providing time for teachers to meet to ‘‘SEC. 2501. PURPOSE. tional appropriate and substantial com- plan evidence-based adolescent comprehen- ‘‘The purpose of this part is to improve pensation for the work described in subpara- sive literacy instruction in core academic student academic achievement in science, graph (B) and in the master teacher commu- subjects, and career and technical education technology, engineering, and mathematics, nity. subjects where such career and technical including computer science, by— ‘‘SEC. 2503. GRANTS; ALLOTMENTS. education subjects provide for the integra- ‘‘(1) improving instruction in such subjects tion of core academic subjects. through grade 12; ‘‘(a) IN GENERAL.—From amounts made ‘‘(5) Coordinating the involvement of prin- ‘‘(2) improving student engagement in, and available to carry out this part for a fiscal cipals, other instructional leaders, teachers, increasing student access to, such subjects, year, the Secretary shall award grants to teacher literacy teams, English as a second including for students from groups underrep- State educational agencies, through allot- language specialists (as appropriate), para- resented in such subjects, such as female stu- ments described in subsection (b), to enable professionals, special educators, specialized dents, minority students, English learners, State educational agencies to carry out the instructional support personnel (as appro- children with disabilities, and economically activities described in section 2505. priate), and school personnel in the literacy disadvantaged students; ‘‘(b) DISTRIBUTION OF FUNDS.— development of children served under this ‘‘(3) improving the quality and effective- ‘‘(1) IN GENERAL.—Subject to paragraph (2), subsection. ness of classroom instruction by recruiting, for each fiscal year, the Secretary shall allot ‘‘(d) ALLOWABLE USES.—An eligible entity training, and supporting highly rated teach- to each State— that receives a subgrant under this section ers and providing robust tools and supports ‘‘(A) an amount that bears the same rela- may, in addition to carrying out the activi- for students and teachers in such subjects; tionship to 35 percent of the amount avail- ties described in subsection (b) or (c), use ‘‘(4) increasing student access to high-qual- able to carry out this part for such year, as subgrant funds to carry out the following ac- ity informal and after-school programs that the number of individuals ages 5 through 17 tivities pertaining to children in kinder- target the identified subjects and improving in the State, as determined by the Secretary garten through grade 12: the coordination of such programs with on the basis of the most recent satisfactory ‘‘(1) Recruiting, placing, training, and com- classroom instruction in the identified sub- data, bears to the number of those individ- pensating literacy coaches. jects; and uals in all such States, as so determined; and ‘‘(2) Connecting out-of-school learning op- ‘‘(5) closing student achievement gaps, and ‘‘(B) an amount that bears the same rela- portunities to in-school learning in order to preparing more students to be college and tionship to 65 percent of the amount avail- improve the literacy achievement of the career ready, in such subjects. able to carry out this part for such year as children. ‘‘SEC. 2502. DEFINITIONS. the number of individuals ages 5 through 17 ‘‘(3) Training families and caregivers to ‘‘In this part: from families with incomes below the pov- support the improvement of adolescent lit- ‘‘(1) ELIGIBLE SUBGRANTEE.—The term ‘eli- erty line in the State, as determined by the eracy. gible subgrantee’ means— Secretary on the basis of the most recent ‘‘(4) Providing for a multitier system of ‘‘(A) a high-need local educational agency; satisfactory data, bears to the number of support. ‘‘(B) an educational service agency serving those individuals in all such States, as so de- ‘‘(5) Forming a school literacy leadership more than 1 high-need local educational termined. team to help implement, assess, and identify agency; ‘‘(2) FUNDING MINIMUM.—No State receiving necessary changes to the literacy initiatives ‘‘(C) a consortium of high-need local edu- an allotment under this subsection may re- in 1 or more schools to ensure success. cational agencies; or ceive less than one-half of 1 percent of the ‘‘(6) Providing time for teachers (and other ‘‘(D) an entity described in subparagraph total amount allotted under paragraph (1) literacy staff, as appropriate, such as school (A) or (C) of paragraph (2) that has signed a for a fiscal year. memorandum of agreement with an entity librarians or specialized instructional sup- ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If a described in subparagraph (A), (B), or (C) of port personnel) to meet to plan comprehen- State does not successfully apply for an al- this paragraph to implement the require- sive literacy instruction. lotment under this part, the Secretary shall ments of this part in partnership with such ‘‘SEC. 2405. NATIONAL EVALUATION AND INFOR- reallot the amount of the State’s allotment entity. MATION DISSEMINATION. to the remaining States in accordance with ‘‘(2) OUTSIDE PARTNER.—The term ‘outside ‘‘(a) NATIONAL EVALUATION.—From funds this section. reserved under section 2402(b)(1), the Direc- partner’ means an entity that has expertise ‘‘SEC. 2504. APPLICATIONS. tor of the Institute of Education Sciences and a demonstrated record of success in im- shall conduct a national evaluation of the proving student learning and engagement in ‘‘(a) IN GENERAL.—Each State desiring an grant and subgrant programs assisted under the identified subjects described in section allotment under section 2503(b) shall submit this part. Such evaluation shall include evi- 2504(b)(2), including any of the following: an application to the Secretary at such time, dence-based research that applies rigorous ‘‘(A) A nonprofit or community-based orga- in such manner, and accompanied by such in- and systematic procedures to obtain valid nization, which may include a cultural orga- formation as the Secretary may require. knowledge relevant to the implementation nization, such as a museum or learning cen- ‘‘(b) CONTENTS.—At a minimum, an appli- and effect of the programs and shall directly ter. cation submitted under subsection (a) shall coordinate with individual State evaluations ‘‘(B) A business. include the following: of the programs’ implementation and im- ‘‘(C) An institution of higher education. ‘‘(1) A description of the needs, including pact. ‘‘(D) An educational service agency. assets, identified by the State educational ‘‘(b) PROGRAM IMPROVEMENT.—The Sec- ‘‘(3) STEM-FOCUSED SPECIALTY SCHOOL.— agency based on a State analysis, which retary shall— The term ‘STEM-focused specialty school’ shall include—

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00190 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.038 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5369 ‘‘(A) an analysis of science, technology, en- ‘‘(2) Providing induction and mentoring ‘‘(iii) activities to— gineering, and mathematics education qual- services to new teachers in identified sub- ‘‘(I) improve the content knowledge of ity and outcomes in the State, which may jects. teachers in the State’s identified subjects; include results from a pre-existing analysis; ‘‘(3) Developing instructional supports for ‘‘(II) facilitate professional collaboration, ‘‘(B) labor market information regarding identified subjects, such as curricula and as- which may include providing time for such the industry and business workforce needs sessments, which shall be evidence-based and collaborations with school personnel, after- within the State; aligned with challenging State academic school program personnel, and personnel of ‘‘(C) information on student exposure to standards under section 1111(b)(1). informal programs that target the identified and retention in science, technology, engi- ‘‘(4) Supporting the development of a subjects; and neering, and mathematics fields, including State-wide STEM master teacher corps. ‘‘(III) improve the integration of informal among low-income and underrepresented ‘‘(c) SUBGRANTS.— and after-school programs that target the groups, which may include results from a ‘‘(1) IN GENERAL.—Each State educational identified subjects with classroom instruc- pre-existing analysis; and agency that receives a grant under this part tion, such as through the use of strategic ‘‘(D) an analysis of the quality of pre-serv- shall use the amounts not reserved under partnerships with science, technology, engi- ice preparation at all public institutions of subsection (d) to award subgrants, on a com- neering, and mathematics researchers, and higher education (including alternative petitive basis, to eligible subgrantees to en- other professionals from relevant fields who pathways to teacher licensure or certifi- able the eligible subgrantees to carry out the may be able to assist in activities focused in cation) for individuals preparing to teach activities described in paragraph (4). science, technology, engineering, and mathe- science, technology, engineering, and mathe- ‘‘(2) MINIMUM SUBGRANT.—A State edu- matics; and matics subjects in the State. cational agency shall award subgrants under ‘‘(iv) the development, adoption, and im- ‘‘(2) An identification of the specific sub- this subsection that are of sufficient size and provement of high-quality curricula and in- jects that the State educational agency will scope to support high-quality, evidence- structional supports that— address through the activities described in based, effective programs that are consistent ‘‘(I) are aligned with the challenging State section 2505, consistent with the needs iden- with the purpose of this part. academic standards under section 1111(b)(1); tified under paragraph (1) (referred to in this ‘‘(3) SUBGRANTEE APPLICATION.— and part as ‘identified subjects’). ‘‘(A) IN GENERAL.—Each eligible subgrantee ‘‘(II) the eligible subgrantee will use to im- ‘‘(3) A description, in a manner that ad- desiring a subgrant under this subsection prove student academic achievement in the dresses any needs identified under paragraph shall submit an application to the State edu- identified subjects. cational agency at such time, in such man- (1), of— ‘‘(B) ALLOWABLE USE OF FUNDS.—In addi- ner, and accompanied by such information as ‘‘(A) how grant funds will be used by the tion to the required activities described in the State educational agency may require. State educational agency to improve in- subparagraph (A), each eligible subgrantee ‘‘(B) CONTENTS OF SUBGRANTEE APPLICA- struction in the identified subjects; that receives a subgrant under this sub- TION.—At a minimum, the application de- ‘‘(B) the process that the State educational section may also use the subgrant funds to— scribed in subparagraph (A) shall include the agency will use for awarding subgrants, in- ‘‘(i) support the participation of low-in- following: cluding how relevant stakeholders will be in- come students in nonprofit competitions re- ‘‘(i) A description of the activities that the lated to science, technology, engineering, volved; eligible subgrantee will carry out, and how and mathematics subjects (such as robotics, ‘‘(C) how the State’s proposed project will such activities will improve teaching and science research, invention, mathematics, ensure increased access for students who are student academic achievement in the State’s computer science, and technology competi- members of groups underrepresented in identified subjects. tions); science, technology, engineering, and mathe- ‘‘(ii) A description of how the eligible sub- ‘‘(ii) broaden secondary school students’ matics subject fields (which may include fe- grantee will use funds provided under this access to, and interest in, careers that re- male students, minority students, English subsection to serve students and teachers in quire academic preparation in 1 or more learners, children with disabilities, and eco- high-need schools. identified subjects; nomically disadvantaged students) to high- ‘‘(iii) A description of how the eligible sub- ‘‘(iii) broaden the access of secondary quality courses in 1 or more of the identified grantee will use funds provided under this school students to early college high school subjects; and subsection for services and activities to in- or dual or concurrent enrollment courses in ‘‘(D) how the State educational agency will crease access for students who are members science, technology, engineering, or mathe- continue to involve stakeholders in edu- of groups underrepresented in science, tech- matics subjects, including providing profes- cation reform efforts related to science, nology, engineering, and mathematics sub- sional development to teachers and leaders technology, engineering, and mathematics ject fields, which may include female stu- related to this work; instruction. dents, minority students, English learners, ‘‘(iv) broaden student access to ‘‘SEC. 2505. AUTHORIZED ACTIVITIES. children with disabilities, and economically mentorship, tutoring, and after-school ac- disadvantaged students, to high-quality tivities or other informal learning opportu- ‘‘(a) REQUIRED ACTIVITIES.—Each State courses in 1 or more of the State’s identified nities designed to encourage interest and de- educational agency that receives an allot- subjects. Such activities and services may velop skills in 1 or more of the State’s iden- ment under this part shall use the grant include after-school activities or other infor- tified subjects; funds reserved under subsection (d)(2) to mal learning opportunities designed to en- ‘‘(v) partner with established after-school carry out each of the following activities: courage interest and develop skills in 1 or and science, technology, engineering, and ‘‘(1) Increasing access for students through more of such subjects. mathematics networks to provide technical grade 12 who are members of groups under- ‘‘(iv) A description of how funds provided assistance to after-school programs to im- represented in science, technology, engineer- under this subsection will be coordinated prove their practice, such as through devel- ing, and mathematics subject fields, such as with other Federal, State, and local pro- oping quality standards and appropriate female students, minority students, English grams and activities, including career and learning outcomes for science, technology, learners, children with disabilities, and eco- technical education programs authorized engineering, and mathematics programming nomically disadvantaged students, to high- under the Carl D. Perkins Career and Tech- in after-school programs; quality courses in the identified subjects. nical Education Act of 2006. ‘‘(vi) provide hands-on learning and expo- ‘‘(2) Implementing evidence-based pro- ‘‘(v) If the eligible subgrantee is working sure to science, technology, engineering, and grams of instruction based on high-quality with outside partners, a description of how mathematics research facilities and busi- standards and assessments in the identified such outside partners will be involved in im- nesses through in-person or virtual distance- subjects. proving instruction and increasing access to learning experiences; ‘‘(3) Providing professional development high-quality learning experiences in the ‘‘(vii) partner with current or recently re- and other comprehensive systems of support State’s identified subjects. tired science, technology, engineering, and for teachers and school leaders to promote ‘‘(4) SUBGRANTEE USE OF FUNDS.— mathematics professionals to engage stu- high-quality instruction and instructional ‘‘(A) REQUIRED USE OF FUNDS.—Each sub- dents and teachers in instruction in such leadership in the identified subjects. grantee under this subsection shall use the subjects; ‘‘(b) PERMISSIBLE ACTIVITIES.—Each State subgrant funds to carry out activities for ‘‘(viii) tailor and integrate educational re- educational agency that receives an allot- students through grade 12, as described in sources developed by Federal agencies, as ap- ment under this part may use the grant the subgrantee’s application, which shall in- propriate, to improve student achievement funds reserved under subsection (d)(2) to clude— in science, technology, engineering, and carry out 1 or more of the following activi- ‘‘(i) high-quality teacher and instructional mathematics; ties: leader recruitment, support, and evaluation ‘‘(ix) support the use of field-based or serv- ‘‘(1) Recruiting qualified teachers and in- in the State’s identified subjects; ice learning that enables students to use the structional leaders who are trained in identi- ‘‘(ii) professional development, which may local environment and community as a fied subjects, including teachers who have include development and support for instruc- learning resource and to enhance the stu- transitioned into the teaching profession tional coaches, to enable teachers and in- dents’ understanding of the identified sub- from a careers in the science, technology, en- structional leaders to increase student jects through environmental science edu- gineering, and mathematics fields. achievement in identified subjects; cation; and

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00191 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.038 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5370 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(x) address science, technology, engineer- tivities supported by the Department or by (1) in the title heading, by striking ‘‘LIM- ing, and mathematics needs identified in the other Federal agencies; and ITED ENGLISH PROFICIENT’’ and inserting State plan under section 102 of the Work- ‘‘(4) develop a rigorous system to— ‘‘ENGLISH LEARNERS’’; force Innovation and Opportunity Act (29 ‘‘(A) identify the science, technology, engi- (2) in part A— U.S.C. 3112), or by a local workforce develop- neering, and mathematics education-specific (A) by striking section 3122; ment board under section 107(d), or in the needs of States and stakeholders receiving (B) redesignating sections 3123, 3124, 3125, local plan submitted under section 108, of funds through subgrants under this part; 3126, 3127, 3128, and 3129 as sections 3122, 3123, such Act (29 U.S.C. 3122(d), 3123), for the ‘‘(B) make public and widely disseminate 3124, 3125, 3126, 3127, and 3128, respectively; State, local area (as defined in section 3 of programmatic activities relating to science, and such Act (29 U.S.C. 3102)), or region (as so de- technology, engineering, and mathematics (C) by striking subpart 4; fined) that the eligible subgrantee is serving; that are supported by the Department or by (3) by striking part B; and other Federal agencies; and (4) by redesignating part C as part B; and ‘‘(xi) support the creation and enhance- ‘‘(C) develop plans for aligning the pro- (5) in part B, as redesignated by paragraph ment of STEM-focused specialty schools that grammatic activities supported by the De- (4)— improve student academic achievement in partment and other Federal agencies with (A) by redesignating section 3301 as section science, technology, engineering, and mathe- the State and stakeholder needs. 3201; matics, including computer science, and pre- ‘‘SEC. 2507. SUPPLEMENT NOT SUPPLANT. (B) by striking section 3302; and pare more students to be ready for postsec- ‘‘Funds received under this part shall be (C) by redesignating sections 3303 and 3304 ondary education and careers in such sub- used to supplement, and not supplant, funds as sections 3202 and 3203, respectively. jects. that would otherwise be used for activities SEC. 3002. AUTHORIZATION OF APPROPRIATIONS. ‘‘(C) MATCHING FUNDS.—A State may re- authorized under this part. Section 3001 (20 U.S.C. 6801) is amended to quire an eligible subgrantee receiving a ‘‘SEC. 2508. REPORT ON CYBERSECURITY EDU- read as follows: subgrant under this subsection to dem- CATION. ‘‘SEC. 3001. AUTHORIZATION OF APPROPRIA- onstrate that such subgrantee has obtained a ‘‘Not later than June 1, 2016, the Secretary, TIONS. commitment from 1 or more outside partners acting through the Director of the Institute ‘‘There are authorized to be appropriated to match, using non-Federal funds, a portion of Education Sciences, shall submit to the to carry out this title such sums as may be of the amount of subgrant funds, in an Committee on Armed Services and the Com- necessary for each of fiscal years 2016 amount determined by the State. mittee on Health, Education, Labor, and through 2021.’’. Pensions of the Senate and the Committee ‘‘(d) STATE ACTIVITIES.— SEC. 3003. ENGLISH LANGUAGE ACQUISITION, on Armed Services and the Committee on LANGUAGE ENHANCEMENT, AND ‘‘(1) IN GENERAL.—Each State educational Education and the Workforce of the House of ACADEMIC ACHIEVEMENT. agency that receives an allotment under this Representatives, a report describing whether Part A of title III (20 U.S.C. 6811 et seq.) is part may use not more than 5 percent of secondary and postsecondary education pro- amended— grant funds for— grams are meeting the need of public and (1) in section 3102, by striking paragraphs ‘‘(A) administrative costs; private sectors for cyberdefense. Such report (1) through (9) and inserting the following: ‘‘(B) monitoring the implementation of shall include— ‘‘(1) to help ensure that English learners, subgrants; ‘‘(1) an assessment of the shortfalls in cur- including immigrant children and youth, at- ‘‘(C) providing technical assistance to eli- rent secondary and postsecondary education tain English proficiency, and develop high gible subgrantees; and needed to develop cybersecurity profes- levels of academic achievement in English; ‘‘(D) evaluating subgrants in coordination sionals, and recommendations to address ‘‘(2) to assist all English learners, includ- with the evaluation described in section such shortfalls; ing immigrant children and youth, to 2506(c). ‘‘(2) an assessment of successful secondary achieve at high levels in academic subjects ‘‘(2) RESERVATION.—Each State educational and postsecondary programs that produce so that children who are English learners agency that receives an allotment under this competent cybersecurity professionals; and can meet the same challenging State aca- part shall reserve not less than 15 and not ‘‘(3) recommendations of subjects to be demic standards that all children are ex- more than 20 percent of grant funds, inclu- covered by elementary schools and sec- pected to meet, consistent with section sive of the amount described in paragraph ondary schools to better prepare students for 1111(b)(1); (1), for additional State activities, consistent postsecondary cybersecurity education.’’. ‘‘(3) to assist early childhood educators, with subsections (a) and (b). SEC. 2006. GENERAL PROVISIONS. teachers, principals and other school leaders, ‘‘SEC. 2506. PERFORMANCE METRICS; REPORT; Title II (20 U.S.C. 6601 et seq.), as amended State educational agencies, and local edu- EVALUATION. by sections 2001 through 2005, is further cational agencies in establishing, imple- ‘‘(a) ESTABLISHMENT OF PERFORMANCE amended by adding at the end the following: menting, and sustaining effective language METRICS.—The Secretary, acting through the ‘‘PART F—GENERAL PROVISIONS instruction educational programs designed Director of the Institute of Education ‘‘SEC. 2601. RULES OF CONSTRUCTION. to assist in teaching English learners, in- Sciences, shall establish performance ‘‘(a) PROHIBITION AGAINST FEDERAL MAN- cluding immigrant children and youth; metrics to evaluate the effectiveness of the DATES, DIRECTION, OR CONTROL.—Nothing in ‘‘(4) to assist early childhood educators, activities carried out under this part. this title shall be construed to authorize the teachers, principals and other school leaders, ‘‘(b) ANNUAL REPORT.—Each State edu- Secretary or any other officer or employee of State educational agencies, and local edu- cational agency that receives an allotment the Federal Government to mandate, direct, cational agencies to develop and enhance under this part shall prepare and submit an or control a State, local educational agency, their capacity to provide effective instruc- annual report to the Secretary, which shall or school’s— tion programs designed to prepare English include information relevant to the perform- ‘‘(1) instructional content or materials, learners, including immigrant children and ance metrics described in subsection (a). curriculum, program of instruction, aca- youth, to enter all-English instruction set- ‘‘(c) EVALUATION AND MANAGEMENT.—The demic standards, or academic assessments; tings; Secretary shall— ‘‘(2) teacher, principal, or other school ‘‘(5) to promote parental, family, and com- ‘‘(1) acting through the Director of the In- leader evaluation system; munity participation in language instruction stitute of Education Sciences, and in con- ‘‘(3) specific definition of teacher, prin- educational programs for the parents, fami- sultation with the Director of the National cipal, or other school leader effectiveness; or lies, and communities of English learners; Science Foundation— ‘‘(4) teacher, principal, or other school and ‘‘(A) evaluate the implementation and im- leader professional standards, certification, ‘‘(6) to provide incentives to grantees to pact of the activities supported under this or licensing. implement policies and practices that will part, including progress measured by the ‘‘(b) SCHOOL OR DISTRICT EMPLOYEES.— lead to significant improvements in the in- metrics established under subsection (a); and Nothing in this title shall be construed to struction and achievement of English learn- ‘‘(B) identify best practices to improve in- alter or otherwise affect the rights, rem- ers.’’; struction in science, technology, engineer- edies, and procedures afforded school or (2) in section 3111— ing, and mathematics subjects; school district employees under Federal, (A) in subsection (b)— ‘‘(2) disseminate, in consultation with the State, or local laws (including applicable (i) in paragraph (2), by striking subpara- National Science Foundation, research on regulations or court orders) or under the graphs (A) through (D) and inserting the fol- best practices to improve instruction in terms of collective bargaining agreements, lowing: science, technology, engineering, and mathe- memoranda of understanding, or other agree- ‘‘(A) Establishing and implementing, with matics subjects; ments between such employees and their em- timely and meaningful consultation with ‘‘(3) ensure that the Department is taking ployers.’’. local educational agencies representing the appropriate action to— TITLE III—LANGUAGE INSTRUCTION FOR geographic diversity of the State, standard- ‘‘(A) identify all activities being supported ENGLISH LEARNERS AND IMMIGRANT ized statewide entrance and exit procedures, under this part; and STUDENTS including a requirement that all students ‘‘(B) avoid unnecessary duplication of ef- SEC. 3001. GENERAL PROVISIONS. who may be English learners are assessed for forts between the activities being supported Title III (20 U.S.C. 6801 et seq.) is amend- such status within 30 days of enrollment in a under this part and other programmatic ac- ed— school in the State.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00192 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.038 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5371 ‘‘(B) Providing effective teacher and prin- the most accurate, up-to-date data, which ‘‘(B) in the manner the eligible entities de- cipal preparation, professional development shall be— termine to be the most effective; activities, and other evidence-based activi- ‘‘(i) data available from the American ‘‘(6) describe how the agency will assist eli- ties related to the education of English Community Survey conducted by the De- gible entities in meeting— learners, which may include assisting teach- partment of Commerce, which may be ‘‘(A) annual timelines and goals for ers, principals, and other educators in— multiyear estimates; progress established under section ‘‘(i) meeting State and local certification ‘‘(ii) the number of students being assessed 1111(c)(1)(K) based on the State’s English lan- and licensing requirements for teaching for English language proficiency, based on guage proficiency assessment under section English learners; and the State’s English language proficiency as- 1111(b)(2)(G); and ‘‘(ii) improving teaching skills in meeting sessment under section 1111(b)(2)(G), which ‘‘(B) the challenging State academic stand- the diverse needs of English learners, includ- may be multiyear estimates; or ards described in section 1111(b)(1); ing how to implement effective programs ‘‘(iii) a combination of data available ‘‘(7) describe how the agency will assist eli- and curricula on teaching English learners. under clauses (i) and (ii); and gible entities in decreasing the number of ‘‘(C) Planning, evaluation, administration, ‘‘(B) determine the number of immigrant English learners who have not yet acquired and interagency coordination related to the children and youth in the State and in all English proficiency within 5 years of their subgrants referred to in paragraph (1). States based only on data available from the initial classification as an English learner; ‘‘(D) Providing technical assistance and American Community Survey conducted by ‘‘(8) describe how the agency will ensure other forms of assistance to eligible entities the Department of Commerce, which may be that the unique needs of the State’s popu- that are receiving subgrants from a State multiyear estimates.’’; lation of English learners and immigrant educational agency under this subpart, in- (3) in section 3113— children and youth are being addressed; and cluding assistance in— (A) in subsection (a), by inserting ‘‘reason- ‘‘(9) describe how the agency will monitor ‘‘(i) identifying and implementing effective ably’’ before ‘‘require’’; and evaluate the progress of each eligible en- language instruction educational programs (B) in subsection (b)— tity receiving funds under this subpart to- and curricula for teaching English learners, (i) in paragraph (1), by striking ‘‘making’’ ward meeting the timelines and goals for including those in early childhood settings; and inserting ‘‘awarding’’; and English proficiency required under section ‘‘(ii) helping English learners meet the (ii) by striking paragraphs (2) through (6) 1111(c)(1)(K) and the steps the State will take same State academic standards that all chil- and inserting the following: to further assist eligible entities if such dren are expected to meet; ‘‘(2) describe how the agency will establish strategies funded under this part are not ef- ‘‘(iii) identifying or developing, and imple- and implement, with timely and meaningful fective in making such progress and meeting menting, measures of English proficiency; consultation with local educational agencies academic goals established under section and representing the geographic diversity of the 1111(b)(3)(B)(i) for English learners, such as ‘‘(iv) strengthening and increasing parent, State, standardized, statewide entrance and providing technical assistance and modifying family, and community engagement in pro- exit procedures, including an assurance that such strategies.’’; grams that serve English learners. all students who may be English learners are (C) in subsection (d)(2)(B), by striking ‘‘(E) Providing recognition, which may in- assessed for such status within 30 days of en- ‘‘part’’ and inserting ‘‘subpart’’; and clude providing financial awards, to recipi- rollment in a school in the State; (D) in subsection (f), by striking ‘‘, objec- ents of subgrants under section 3115 that ‘‘(3) provide an assurance that— tives,’’; have significantly improved the achievement ‘‘(A) the agency will ensure that eligible (4) in section 3114— and progress of English learners in meeting— entities receiving a subgrant under this sub- (A) in subsection (a)— ‘‘(i) annual timelines and goals for progress part comply with the requirement in section (i) by striking ‘‘section 3111(c)(3)’’ and in- established under section 1111(c)(1)(K) based 1111(b)(2)(B)(ix) to annually assess in English serting ‘‘section 3111(c)(2)’’; and on the State’s English language proficiency all English learners who have been in the (ii) by striking ‘‘limited English proficient assessment under section 1111(b)(2)(G); and United States for 3 or more years; children’’ both places the term appears and ‘‘(ii) the challenging State academic stand- ‘‘(B) the agency will ensure that eligible inserting ‘‘English learners’’; and ards described in section 1111(b)(1).’’; and entities receiving a subgrant under this sub- (ii) in paragraph (3)— part annually assess the English proficiency (B) in subsection (d)(1)— (i) by striking ‘‘section 3111(c)(3)’’ and in- (I) in the heading, by inserting ‘‘DIRECT’’ of all English learners participating in a pro- serting ‘‘section 3111(c)(2)’’; and before ‘‘ADMINISTRATIVE’’; and gram funded under this subpart, consistent (II) by inserting ‘‘direct’’ before ‘‘adminis- with section 1111(b)(2)(G); (ii) by striking ‘‘preceding the fiscal year’’; trative costs’’; and ‘‘(C) in awarding subgrants under section (5) by striking section 3115 and inserting (B) in subsection (c)— 3114, the agency will address the needs of the following: (i) in paragraph (1)— school systems of all sizes and in all geo- ‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. (I) in the matter preceding subparagraph graphic areas, including school systems with (A), by striking ‘‘section 3001(a)’’ and insert- rural and urban schools; ‘‘(a) PURPOSES OF SUBGRANTS.—A State ing ‘‘section 3001’’; ‘‘(D) subgrants to eligible entities under educational agency may make a subgrant to (II) in subparagraph (B), by inserting section 3114(d)(1) will be of sufficient size and an eligible entity from funds received by the ‘‘and’’ after the semicolon; scope to allow such entities to carry out ef- agency under this subpart only if the entity (III) in subparagraph (C)— fective language instruction educational pro- agrees to expend the funds to improve the (aa) by striking ‘‘3303’’ both places it ap- grams for English learners; education of English learners by assisting pears and inserting ‘‘3202’’; ‘‘(E) the agency will require an eligible en- the children to learn English and meet the (bb) by striking ‘‘not more than 0.5 percent tity receiving a subgrant under this subpart challenging State academic standards de- of such amount shall be reserved for evalua- to use the subgrant in ways that will build scribed in section 1111(b)(1). In carrying out tion activities conducted by the Secretary such recipient’s capacity to continue to offer activities with such funds, the eligible entity and’’; and effective language instruction educational shall use effective approaches and meth- (cc) by striking ‘‘; and’’ and inserting a pe- programs that assist English learners in odologies for teaching English learners and riod; and meeting challenging State academic stand- immigrant children and youth for the fol- (IV) by striking subparagraph (D); ards described in section 1111(b)(1); lowing purposes: (ii) by striking paragraphs (2) and (4); ‘‘(F) the agency will monitor each eligible ‘‘(1) Developing and implementing new lan- (iii) by redesignating paragraph (3) as para- entity receiving a subgrant under this sub- guage instruction educational programs and graph (2); part for compliance with applicable Federal academic content instruction programs for (iv) in paragraph (2)(A), as redesignated by fiscal requirements; and English learners and immigrant children and clause (iii)— ‘‘(G) the plan has been developed in con- youth, including early childhood education (I) in the matter preceding clause (i), by sultation with local educational agencies, programs, elementary school programs, and striking ‘‘section 3001(a)’’ and inserting ‘‘sec- teachers, administrators of programs imple- secondary school programs. tion 3001’’; and mented under this subpart, parents of ‘‘(2) Carrying out highly focused, innova- (II) in clause (i), by striking ‘‘limited English learners, and other relevant stake- tive, locally designed activities to expand or English proficient’’ and all that follows holders; enhance existing language instruction edu- through ‘‘States;’’ and inserting ‘‘English ‘‘(4) describe how the agency will coordi- cational programs and academic content in- learners in the State bears to the number of nate its programs and activities under this struction programs for English learners and English learners in all States, as determined subpart with other programs and activities immigrant children and youth. by the Secretary under paragraph (3);’’; and under this Act and other Acts, as appro- ‘‘(3) Implementing, within an individual (v) by adding at the end the following: priate; school, schoolwide programs for restruc- ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In ‘‘(5) describe how each eligible entity will turing, reforming, and upgrading all relevant making State allotments under paragraph be given the flexibility to teach English programs, activities, and operations relating (2)(A) for each fiscal year, the Secretary learners— to language instruction educational pro- shall— ‘‘(A) using a high-quality, effective lan- grams and academic content instruction for ‘‘(A) determine the number of English guage instruction curriculum for teaching English learners and immigrant children and learners in a State and in all States, using English learners; and youth.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00193 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.038 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5372 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(4) Implementing, within the entire juris- grams that are coordinated with other rel- subpart, an eligible entity shall select one or diction of a local educational agency, agen- evant programs and services. more methods or forms of effective instruc- cy-wide programs for restructuring, reform- ‘‘(5) Improving the English language pro- tion to be used in the programs and activi- ing, and upgrading all relevant programs, ac- ficiency and academic achievement of ties undertaken by the entity to assist tivities, and operations relating to language English learners. English learners to attain English language instruction educational programs and aca- ‘‘(6) Providing community participation proficiency and meet challenging State aca- demic content instruction for English learn- programs, family literacy services, and par- demic standards described in section ers and immigrant children and youth. ent and family outreach and training activi- 1111(b)(1). ‘‘(b) DIRECT ADMINISTRATIVE EXPENSES.— ties to English learners and their families— ‘‘(2) CONSISTENCY.—Such selection shall be Each eligible entity receiving funds under ‘‘(A) to improve the English language consistent with sections 3124 through 3126. skills of English learners; and section 3114(a) for a fiscal year may use not ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal more than 2 percent of such funds for the ‘‘(B) to assist parents and families in help- funds made available under this subpart cost of administering this subpart. ing their children to improve their academic shall be used so as to supplement the level of ‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.— achievement and becoming active partici- An eligible entity receiving funds under sec- pants in the education of their children. Federal, State, and local public funds that, tion 3114(a) shall use the funds— ‘‘(7) Improving the instruction of English in the absence of such availability, would ‘‘(1) to increase the English language pro- learners, including English learners with a have been expended for programs for English ficiency of English learners by providing ef- disability, by providing for— learners and immigrant children and youth fective language instruction educational pro- ‘‘(A) the acquisition or development of edu- and in no case to supplant such Federal, cational technology or instructional mate- grams that meet the needs of English learn- State, and local public funds.’’; rials; ers and are based on high-quality research (6) in section 3116— ‘‘(B) access to, and participation in, elec- demonstrating success in increasing— (A) in subsection (b), by striking para- tronic networks for materials, training, and ‘‘(A) English language proficiency; and graphs (1) through (6) and inserting the fol- communication; and ‘‘(B) student academic achievement; lowing: ‘‘(C) incorporation of the resources de- ‘‘(2) to provide effective professional devel- ‘‘(1) describe the high-quality programs scribed in subparagraphs (A) and (B) into opment to classroom teachers (including curricula and programs, such as those funded and activities proposed to be developed, im- teachers in classroom settings that are not under this subpart. plemented, and administered under the the settings of language instruction edu- ‘‘(8) Carrying out other activities that are subgrant and how these activities will help cational programs), principals, other school consistent with the purposes of this section. English learners increase their English lan- leaders, administrators, and other school or ‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING guage proficiency and meet the challenging community-based organizational personnel, SUBSTANTIAL INCREASES IN IMMIGRANT CHIL- State academic standards described in sec- that is— DREN AND YOUTH.— tion 1111(b)(1); ‘‘(A) designed to improve the instruction ‘‘(1) IN GENERAL.—An eligible entity receiv- ‘‘(2) describe how the eligible entity will and assessment of English learners; ing funds under section 3114(d)(1) shall use ensure that elementary schools and sec- ‘‘(B) designed to enhance the ability of the funds to pay for activities that provide ondary schools receiving funds under this such teachers, principals, and other school enhanced instructional opportunities for im- subpart assist English learners in meeting— leaders to understand and implement appro- migrant children and youth, which may in- ‘‘(A) annual timelines and goals for priate curricula, assessment practices, and clude— progress established under 1111(c)(1)(K) based instruction strategies for English learners; ‘‘(A) family literacy, parent and family on the State’s English language proficiency ‘‘(C) effective in increasing children’s outreach, and training activities designed to assessment under section 1111(b)(2)(G); and English language proficiency or substan- assist parents and families to become active ‘‘(B) the challenging State academic stand- tially increasing the subject matter knowl- participants in the education of their chil- ards described in section 1111(b)(1); edge, teaching knowledge, and teaching dren; ‘‘(3) describe how the eligible entity will skills of such teachers; and ‘‘(B) recruitment of, and support for per- promote parent, family, and community en- ‘‘(D) of sufficient intensity and duration sonnel, including early childhood educators, gagement in the education of English learn- (which shall not include activities such as 1- teachers, paraprofessionals who have been ers; day or short-term workshops and con- specifically trained, or are being trained, to ‘‘(4) describe how language instruction edu- ferences) to have a positive and lasting im- provide services to immigrant children and cational programs carried out under the pact on the teachers’ performance in the youth; subgrant will ensure that English learners classroom, except that this subparagraph ‘‘(C) provision of tutorials, mentoring, and being served by the programs develop shall not apply to an activity that is one academic or career counseling for immigrant English proficiency and demonstrate such component of a long-term, comprehensive children and youth; proficiency through academic content mas- professional development plan established by ‘‘(D) identification and acquisition of cur- tery; a teacher and the teacher’s supervisor based ricular materials, educational software, and ‘‘(5) contain assurances that— on an assessment of the needs of the teacher, technologies to be used in the program car- ‘‘(A) each local educational agency that is the supervisor, the students of the teacher, ried out with funds; included in the eligible entity is complying and any local educational agency employing ‘‘(E) basic instruction services that are di- with section 1112(d)(2) prior to, and through- the teacher, as appropriate; and rectly attributable to the presence of immi- out, each school year as of the date of appli- ‘‘(3) to provide and implement effective grant children and youth in the local edu- cation, and will continue to comply with parent, family, and community engagement cational agency involved, including the pay- such section throughout each school year for activities in order to enhance or supplement ment of costs of providing additional class- which the grant is received; language instruction educational programs room supplies, costs of transportation, or ‘‘(B) the eligible entity complies with any for English Learners. such other costs as are directly attributable State law, including State constitutional ‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.— to such additional basic instructional serv- law, regarding the education of English Subject to subsection (c), an eligible entity ices; learners, consistent with sections 3125 and receiving funds under section 3114(a) may use ‘‘(F) other instructional services that are 3126; the funds to achieve 1 of the purposes de- designed to assist immigrant children and ‘‘(C) the eligible entity has based its pro- scribed in subsection (a) by undertaking 1 or youth to achieve in elementary schools and posed plan on high-quality research on more of the following activities: secondary schools in the United States, such teaching English learners; ‘‘(1) Upgrading program objectives and ef- as programs of introduction to the edu- ‘‘(D) the eligible entity consulted with fective instructional strategies. cational system and civics education; and teachers, researchers, school administrators, ‘‘(2) Improving the instructional program ‘‘(G) activities, coordinated with commu- parents and family members, community for English learners by identifying, acquir- nity-based organizations, institutions of members, public or private entities, and in- ing, and upgrading curricula, instruction higher education, private sector entities, or stitutions of higher education, in developing materials, educational software, and assess- other entities with expertise in working with and implementing such plan; and ment procedures. immigrants, to assist parents and families of ‘‘(E) the eligible entity will, if applicable, ‘‘(3) Providing to English learners— immigrant children and youth by offering coordinate activities and share relevant data ‘‘(A) tutorials and academic or career and comprehensive community services. under the plan with local Head Start and technical education; ‘‘(2) DURATION OF SUBGRANTS.—The dura- Early Head Start agencies, including mi- ‘‘(B) intensified instruction, which may in- tion of a subgrant made by a State edu- grant and seasonal Head Start agencies, and clude linguistically responsive materials; cational agency under section 3114(d)(1) shall other early childhood education providers.’’; and be determined by the agency in its discre- (B) in subsection (c), by striking ‘‘limited ‘‘(C) bilingual paraprofessionals, which tion. English proficient children’’ and inserting may include interpreters and translators. ‘‘(f) SELECTION OF METHOD OF INSTRUC- ‘‘English learners’’; and ‘‘(4) Developing and implementing effective TION.— (C) by striking subsection (d); preschool, elementary school, or secondary ‘‘(1) IN GENERAL.—To receive a subgrant (7) by striking section 3121 and inserting school language instruction educational pro- from a State educational agency under this the following:

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00194 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.038 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5373 ‘‘SEC. 3121. REPORTING. (I) by striking ‘‘of limited English pro- SEC. 3004. OTHER PROVISIONS. ‘‘(a) IN GENERAL.—Each eligible entity that ficient children’’ and inserting ‘‘of English Part B of title III, as redesignated by sec- receives a subgrant from a State educational learners’’; and tion 3001(4), is amended— agency under subpart 1 shall provide such (II) by striking ‘‘into classrooms where in- (1) in section 3201, as redesignated by sec- agency, at the conclusion of every second fis- struction is not tailored for limited English tion 3001(5)— cal year during which the subgrant is re- proficient children’’; and (A) by striking paragraphs (3), (4), and (5); ceived, with a report, in a form prescribed by (v) in paragraph (9), by striking ‘‘title’’ and (B) by inserting after paragraph (2) the fol- the agency, on the activities conducted and inserting ‘‘part’’; lowing: (9) in section 3123, as redesignated by sec- children served under such subpart that in- ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible cludes— tion 3001(2)— entity’ means— ‘‘(1) a description of the programs and ac- (A) by striking ‘‘children of limited ‘‘(A) one or more local educational agen- tivities conducted by the entity with funds English proficiency’’ and inserting ‘‘English cies; or received under subpart 1 during the 2 imme- learners’’; and ‘‘(B) one or more local educational agen- (B) by striking ‘‘limited English proficient diately preceding fiscal years; cies, in collaboration with an institution of children’’ and inserting ‘‘English learners’’; ‘‘(2) the number and percentage of English higher education, educational service agen- (10) in section 3124, as redesignated by sec- learners in the programs and activities who cy, community-based organization, or State tion 3001(2)— meet the annual State-determined goals for educational agency. (A) in paragraph (1), by striking ‘‘limited progress established under section ‘‘(4) ENGLISH LEARNER WITH A DISABILITY.— English proficient children’’ and inserting 1111(c)(1)(K), including disaggregated, at a The term ‘English learner with a disability’ ‘‘English learners’’; and minimum, by— means an English learner who is also a child (B) in paragraph (2), by striking ‘‘limited ‘‘(A) long-term English learners; and with a disability, as that term is defined in English proficient children’’ and inserting ‘‘(B) English learners with a disability; section 602 of the Individuals with Disabil- ‘‘English learners’’; ‘‘(3) the number and percentage of English ities Education Act.’’; (11) in section 3128, as redesignated by sec- learners in the programs and activities at- (C) by redesignating paragraphs (6) tion 3001(2), by striking ‘‘limited English taining English language proficiency based through (8) as paragraphs (5) through (7), re- proficient children’’ and inserting ‘‘English on State English language proficiency stand- spectively; learners’’; and ards established under section 1111(b)(1)(F) (D) in paragraph (7)(A), as redesignated by (12) by striking section 3131 and inserting by the end of each school year, as deter- subparagraph (C), by striking ‘‘a limited the following: mined by the State’s English language pro- English proficient child’’ and inserting ‘‘an ficiency assessment under section ‘‘SEC. 3131. NATIONAL PROFESSIONAL DEVELOP- English learner’’; 1111(b)(2)(G); MENT PROJECT. ‘‘The Secretary shall use funds made avail- (E) by inserting after paragraph (7) the fol- ‘‘(4) the number and percentage of English lowing: learners who exit the language instruction able under section 3111(c)(1)(C) to award grants on a competitive basis, for a period of ‘‘(8) LONG-TERM ENGLISH LEARNER.—The educational programs based on their attain- not more than 5 years, to institutions of term ‘long-term English learner’ means an ment of English language proficiency; higher education or public or private entities English learner who has attended schools in ‘‘(5) the number and percentage of English with relevant experience and capacity (in the United States for not less than 5 years learners meeting challenging State academic consortia with State educational agencies or and who has not yet exited from English standards described in section 1111(b)(1) for local educational agencies) to provide for learner status by the culmination of the fifth each of the 4 years after such children are no professional development, capacity building, year of services.’’; and longer receiving services under this part, in- or evidence-based activities that will im- (F) in paragraph (13), by striking ‘‘, as de- cluding disaggregated, at a minimum, by— prove classroom instruction for English fined in section 3141,’’; and ‘‘(A) long-term English learners; and learners and assist educational personnel (2) in section 3202, as redesignated by sec- ‘‘(B) English learners with a disability; working with such children to meet high tion 3001(5)— ‘‘(6) the number and percentage of English professional standards, including standards (A) in the matter preceding paragraph (1), learners who have not attained English lan- for certification and licensure as teachers by striking ‘‘limited English proficient chil- guage proficiency within 5 years of initial who work in language instruction edu- dren’’ and inserting ‘‘English learners’’; and classification as an English learner; and cational programs or serve English learners. (B) in paragraph (4)— ‘‘(7) any other information as the State Grants awarded under this section may be (i) in subparagraph (A), by striking ‘‘lim- educational agency may require. used— ited English proficient children’’ and insert- ‘‘(b) REPORT.—A report provided by an eli- ‘‘(1) for preservice or inservice effective ing ‘‘English learners, including English gible entity under subsection (a) shall be professional development programs that will learners with a disability (as defined in sec- used by the entity and the State educational assist local schools and may assist institu- tion 3141), that includes information on best agency for improvement or programs and ac- tions of higher education to upgrade the practices on instructing and serving English tivities under this part. qualifications and skills of educational per- learners’’; and ‘‘(c) SPECIAL RULE FOR SPECIALLY QUALI- sonnel who are not certified or licensed, es- (ii) in subparagraph (B), by striking ‘‘lim- FIED AGENCIES.—Each specially qualified pecially educational paraprofessionals, and ited English proficient children’’ and insert- agency receiving a grant under this part for other activities to increase teacher and ing ‘‘English learners’’; and shall provide the reports described in sub- school leader effectiveness; (3) in section 3203, as redesignated by sec- section (a) to the Secretary subject to the ‘‘(2) for the development of curricula or tion 3001(5)— same requirements as apply to eligible enti- other instructional strategies appropriate to (A) by striking ‘‘limited English proficient ties providing such evaluations to State edu- the needs of the consortia participants in- individuals’’ and inserting ‘‘English learn- cational agencies under such subsection.’’; volved; ers’’; and (8) in section 3122, as redesignated by sec- ‘‘(3) to support strategies that strengthen (B) by striking ‘‘limited English proficient tion 3001(2)— and increase parent, family, and community children’’ and inserting ‘‘English learners’’. (A) in subsection (a)— member engagement in the education of SEC. 3005. AMERICAN COMMUNITY SURVEY RE- (i) by striking ‘‘evaluations’’ and inserting English learners; SEARCH. ‘‘reports’’; and ‘‘(4) to develop, share, and disseminate ef- (ii) by striking ‘‘children who are limited fective practices in the instruction of (a) STUDY.—The Director of the Institute English proficient’’ and inserting ‘‘English English learners and in increasing the stu- of Education Sciences and the Secretary of learners’’; and dent academic achievement of English learn- Education, in consultation with the Director (B) in subsection (b)— ers, such as through the use of technology- of the Bureau of the Census, shall conduct (i) in paragraph (1)— based programs; research on the accuracy of the American (I) by striking ‘‘limited English proficient ‘‘(5) in conjunction with other Federal Community Survey language items for as- children’’ and inserting ‘‘English learners’’; need-based student financial assistance pro- sessing population prevalence of English and grams, for financial assistance, and costs re- learner children and youth, including— (II) by striking ‘‘children who are limited lated to tuition, fees, and books for enrolling (1) the strength of such survey’s associa- English proficient’’ and inserting ‘‘English in courses required to complete the degree tion with more comprehensive English lan- learners’’; involved, to meet certification or licensing guage proficiency measures; (ii) in paragraph (4), by striking ‘‘section requirements for teachers who work in lan- (2) the effects on responses of situational, 3111(b)(2)(C)’’ and inserting ‘‘section guage instruction educational programs or cultural, demographic, and socioeconomic 3111(b)(2)(D)’’; serve English learners; and factors; (iii) in paragraph (6), by striking ‘‘major ‘‘(6) as appropriate, to support strategies (3) placement of the item in the question- findings of scientifically based research car- that promote school readiness of English naire; and ried out under this part’’ and inserting ‘‘find- learners and their transition from early (4) the ability of adult responders to make ings of the evaluation related to English childhood education programs, such as Head English language proficiency distinctions. learners carried out under section 9601’’; Start or State-run preschool programs to el- (b) IMPLEMENTATION.—The Director of the (iv) in paragraph (8)— ementary school programs.’’. Bureau of the Census shall use the results of

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00195 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.038 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5374 CONGRESSIONAL RECORD — SENATE July 21, 2015 the study described in subsection (a) to im- and at school-sponsored activities, through maining States in accordance with this sec- prove the accuracy of the American Commu- the creation and maintenance of a school en- tion. nity Survey language items for assessing vironment that is free of weapons and fosters ‘‘(c) STATE USE OF FUNDS.— population prevalence of English learner stu- individual responsibility and respect for the ‘‘(1) IN GENERAL.—Each State that receives dents. rights of others. an allotment under this section shall reserve ‘‘(4) SCHOOL-BASED MENTAL HEALTH SERV- TITLE IV—SAFE AND HEALTHY STUDENTS not less than 95 percent of the amount allot- ICES PROVIDER.—The term ‘school-based men- SEC. 4001. GENERAL PROVISIONS. ted to such State under subsection (b), for tal health services provider’ includes a State Title IV (20 U.S.C. 7101 et seq.) is amend- each fiscal year, for subgrants to local edu- licensed or State certified school counselor, ed— cational agencies, which may include con- school psychologist, school social worker, or (1) by redesignating subpart 3 of part A as sortia of such agencies, under section 4104. other State licensed or certified mental subpart 5 of part F of title IX, as redesig- ‘‘(2) STATE ADMINISTRATION.—A State edu- health professional qualified under State law nated by section 9106(1), and moving that cational agency shall use not more than 1 to provide such mental health services to subpart to follow subpart 4 of part F of title percent of the amount made available to the children and adolescents, including children IX, as redesignated by sections 2001 and State under subsection (b) for the adminis- in early childhood education programs. 9106(1); trative costs of carrying out its responsibil- ‘‘(5) STATE.—The term ‘State’ means each (2) by redesignating section 4141 as section ities under this part. 9561; of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ‘‘(3) STATE ACTIVITIES.—A State edu- (3) by redesignating section 4155 as section cational agency shall use the amount made 9537 and moving that section so as to follow ‘‘SEC. 4103. FORMULA GRANTS TO STATES. available to the State under subsection (b) section 9536; ‘‘(a) RESERVATIONS.—From the total and not reserved under paragraph (1) for ac- (4) by redesignating part C as subpart 6 of amount appropriated under section 4108 for a tivities and programs designed to meet the part F of title IX, as redesignated by section fiscal year, the Secretary shall reserve— purposes of this part, which— 9106(1), and moving that subpart to follow ‘‘(1) not more than 5 percent for national ‘‘(A) shall include— subpart 5 of part F of title IX, as redesig- activities, which the Secretary may carry ‘‘(i) providing training, technical assist- nated by section 9106(1) and paragraph (1); out directly or through grants, contracts, or ance, and capacity building to local edu- agreements with public or private entities or (5) by redesignating sections 4301, 4302, cational agencies that are recipients of a individuals, or other Federal agencies, such 4303, and 4304, as sections 9571, 9572, 9573, and subgrant under section 4104, which may in- as providing technical assistance to States 9574, respectively; and clude identifying and disseminating best and local educational agencies carrying out (6) by striking the title heading and insert- practices for professional development and activities under this part or conducting a na- ing the following: capacity building for teachers, administra- tional evaluation; ‘‘TITLE IV—SAFE AND HEALTHY tors, and specialized instructional support ‘‘(2) one-half of 1 percent for allotments for STUDENTS’’. personnel in schools that are served by local the United States Virgin Islands, Guam, SEC. 4002. GRANTS TO STATES AND LOCAL EDU- educational agencies under this part; and American Samoa, and the Commonwealth of CATIONAL AGENCIES. ‘‘(ii) publicly reporting on how funds made the Northern Mariana Islands, to be distrib- Part A of title IV (20 U.S.C. 7101 et seq.) is available under this part are being expended amended to read as follows: uted among those outlying areas on the basis of their relative need, as determined by the by local educational agencies under section ‘‘PART A—GRANTS TO STATES AND LOCAL Secretary, in accordance with the purpose of 4104; and EDUCATIONAL AGENCIES this part; ‘‘(B) may include— ‘‘SEC. 4101. PURPOSE. ‘‘(3) one-half of 1 percent for the Secretary ‘‘(i) identifying and eliminating State bar- ‘‘The purpose of this part is to improve of the Interior for programs under this part riers to the coordination and integration of students’ safety, health, well-being, and aca- in schools operated or funded by the Bureau programs, initiatives, and funding streams demic achievement during and after the of Indian Education; and that meet the purposes of this part, so that school day by— ‘‘(4) such funds as may be necessary for the local educational agencies can better coordi- ‘‘(1) increasing the capacity of local edu- Project School Emergency Response to Vio- nate with other agencies, schools and com- cational agencies, schools, and local commu- lence program (referred to as ‘Project munity-based services and programs; nities to improve conditions for learning SERV’), which is authorized to provide edu- ‘‘(ii) assisting local educational agencies to through the creation of safe, healthy, sup- cation-related services to local educational expand access to or coordination of resources portive, and drug-free environments; agencies and institutions of higher education for school-based counseling and mental ‘‘(2) carrying out programs designed to im- in which the learning environment has been health programs, such as through school- prove school safety and promote students’ disrupted due to a violent or traumatic cri- based mental health services partnership physical and mental health and well-being; sis, and which funds shall remain available programs described in section 4105(a)(4)(C); ‘‘(3) preventing and reducing substance use for obligation until expended. ‘‘(iii) supporting programs and activities and abuse, school violence, harassment, and ‘‘(b) STATE ALLOTMENTS.— that offer a variety of well-rounded edu- bullying; and ‘‘(1) ALLOTMENT.— cational experiences to students; ‘‘(4) strengthening parent and community ‘‘(A) IN GENERAL.—In accordance with sub- ‘‘(iv) supporting activities that promote engagement to ensure a healthy, safe, and paragraph (B), the Secretary shall allot physical and mental health and well-being supportive school environment. among each of the States the total amount for students and staff; ‘‘SEC. 4102. DEFINITIONS. made available to carry out this part for any ‘‘(v) designing and implementing a grant ‘‘In this part: fiscal year and not reserved under subsection process for local entities that wish to use ‘‘(1) CONTROLLED SUBSTANCE.—The term (a). funds to reduce exclusionary discipline prac- ‘controlled substance’ means a drug or other ‘‘(B) DETERMINATION OF STATE ALLOTMENT tices in elementary schools and secondary substance identified under Schedule I, II, III, AMOUNTS.—Subject to paragraph (2), the Sec- schools, in a manner consistent with State IV, or V in section 202(c) of the Controlled retary shall allot the amount made available or federally identified best practices on the Substances Act (21 U.S.C. 812(c)). under subparagraph (A) for a fiscal year subject; ‘‘(2) DRUG.—The term ‘drug’ includes con- among the States in proportion to the num- ‘‘(vi) assisting in the creation of a con- trolled substances, the illegal use of alcohol ber of individuals, aged 5 to 17, who reside tinuum of evidence-based or promising prac- or tobacco (including smokeless tobacco within the State and are from families with tices in the reduction of juvenile delin- products and electronic cigarettes), and the incomes below the poverty line for the most quency; harmful, abusive, or addictive use of sub- recent fiscal year for which satisfactory data ‘‘(vii) promoting gender equity in edu- stances, including inhalants and anabolic are available, compared to the number of cation by supporting local educational agen- steroids. such individuals who reside in all such cies in meeting the requirements of title IX ‘‘(3) DRUG AND VIOLENCE PREVENTION.—The States for that fiscal year. of the Education Amendments of 1972 (20 term ‘drug and violence prevention’ means— ‘‘(2) SMALL STATE MINIMUM.—No State re- U.S.C. 1681 et seq.); ‘‘(A) with respect to drugs, prevention, ceiving an allotment under paragraph (1) ‘‘(viii) providing local educational agencies early intervention, rehabilitation referral, shall receive less than one-half of 1 percent with evidence-based resources— recovery support services, or education re- of the total amount allotted under such ‘‘(I) addressing— lated to the illegal use of drugs, such as rais- paragraph. ‘‘(aa) student athletic safety, such as de- ing awareness about the evidence-based con- ‘‘(3) PUERTO RICO.—The amount allotted veloping a plan for concussion safety and re- sequences of drug use; and under subparagraph (A) to the Common- covery practices (which may include policies ‘‘(B) with respect to violence, the pro- wealth of Puerto Rico for a fiscal year may that prohibit student athletes suspected of motion of school safety, such that students not exceed one-half of 1 percent of the total having a concussion from returning to play and school personnel are free from violent amount allotted under such subparagraph. the same day); and disruptive acts, including sexual harass- ‘‘(4) REALLOTMENT.—If a State does not re- ‘‘(bb) cardiac conditions such as cardio- ment and abuse, and victimization associ- ceive an allotment under this part for a fis- myopathy; and ated with prejudice and intolerance, on cal year, the Secretary shall reallot the ‘‘(cc) exposure to excessive heat and hu- school premises, going to and from school, amount of the State’s allotment to the re- midity; and

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‘‘(II) relating to the development of rec- tion that includes the information described ‘‘(B) CONTINUED CONSULTATION.—On an on- ommended guidelines for an emergency ac- in subparagraph (B). going basis, the local educational agency or tion plan for youth athletics; ‘‘(B) APPLICATION REQUIREMENTS.—The in- consortium of such agencies shall consult ‘‘(ix) designing and implementing evi- formation required under this subparagraph with the individuals and organizations de- dence-based mental health awareness train- is the following: scribed in subparagraph (A) in order to seek ing programs for the purposes of— ‘‘(i) A demonstration that there is a con- advice regarding how best— ‘‘(I) recognizing the signs and symptoms of tinued disruption or a substantial risk of dis- ‘‘(i) to improve the local activities in order mental illness; ruption to the learning environment that to meet the purpose of this part; and ‘‘(II) providing education to school per- would be addressed by such activity. ‘‘(ii) to coordinate such activities under sonnel regarding resources available in the ‘‘(ii) An explanation of the proposed activ- this part with other related strategies, pro- community for students with mental ill- ity designed to restore and preserve the grams, and activities being conducted in the nesses and other relevant resources relating learning environment. community. to mental health; or ‘‘(iii) A budget and budget narrative for ‘‘(3) NEEDS ASSESSMENT.— ‘‘(III) providing education to school per- the proposed activity. ‘‘(A) IN GENERAL.—To be eligible to receive sonal regarding the safe de-escalation of cri- ‘‘(3) AWARD BASIS.—Any award of funds a subgrant under this section, a local edu- sis situations involving a student with a under the Project SERV program for vio- mental illness; and cational agency or consortium of such agen- lence prevention activities under this sub- cies shall conduct a comprehensive needs as- ‘‘(x) other activities identified by the State section shall be subject to the discretion of that meet the purposes of this part. sessment of the local educational agency or the Secretary and the availability of funds. agencies proposed to be served and of all ‘‘(d) STATE PLAN.— ‘‘(4) PROHIBITED USE.—No funds provided to ‘‘(1) IN GENERAL.—In order to receive an al- schools within the jurisdiction of the local a local educational agency or institution of educational agency or agencies proposed to lotment under this section for any fiscal higher education under the Project SERV be served. year, a State shall submit a plan to the Sec- program for violence prevention activities ‘‘(B) REQUIREMENTS.—In conducting the retary, at such time and in such manner as may be used for construction, renovation, or needs assessment required under subpara- the Secretary may reasonably require. repair of a facility or for the permanent in- graph (A), the local educational agency or ‘‘(2) CONTENTS.—Each plan submitted by a frastructure of the local educational agency consortium of such agencies shall— State under this section shall include the or institution. following: ‘‘(i) take into account applicable and avail- ‘‘(A) A description of how the State edu- ‘‘SEC. 4104. SUBGRANTS TO LOCAL EDUCATIONAL able school-level data on indicators or meas- cational agency will use funds received AGENCIES. ures of school quality, climate and safety, under this part for State-level activities. ‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL and discipline, including those described in ‘‘(B) A description of program objectives AGENCIES.— section 1111(d)(1)(C)(v); and and outcomes for activities under this part. ‘‘(1) IN GENERAL.—A State that receives an ‘‘(ii) take into account risk factors in the ‘‘(C) An assurance that the State edu- allotment under this part for a fiscal year community, school, family, or peer-indi- cational agency will review existing re- shall provide the amount made available vidual domains that— sources and programs across the State and under section 4103(c)(1) for subgrants to local ‘‘(I) are known through prospective, longi- will coordinate any new plans and resources educational agencies, which may include tudinal research efforts to be predictive of under this part with such existing programs consortia of such agencies, in accordance drug use, violent behavior, harassment, dis- and resources. with this section. ciplinary issues, and to have an effect on the ‘‘(2) FUNDS TO LOCAL EDUCATIONAL AGEN- ‘‘(D) An assurance that the State edu- physical and mental health and well-being of CIES.—From the funds reserved by a State cational agency will monitor the implemen- youth in the school and community; and under section 4103(c)(1), the State shall allo- tation of activities under this part and pro- ‘‘(II) may include using available State and cate to each local educational agency or con- vide technical assistance to local edu- local data on incidence, prevalence, and per- sortium of such agencies in the State an cational agencies in carrying out such ac- ception of such risk factors. amount that bears the same relationship to tivities. ‘‘(4) CONTENTS.—Each application sub- such funds as the number of individuals aged ‘‘(3) ANNUAL REPORT.—Each State receiving mitted under this subsection shall be based 5 to 17 from families with incomes below the a grant under this part shall annually pre- on the needs assessment described in para- poverty line in the geographic area served by pare and submit a report to the Secretary, graph (3) and shall include the following: the agency, as determined by the Secretary which shall include— ‘‘(A) The results of the needs assessment on the basis of the most recent satisfactory ‘‘(A) how the State and local educational described in paragraph (3) and an identifica- agencies used funds provided under this part; data, bears to the number of such individuals tion of each school that will be served by a and in the geographic areas served by all the subgrant under this section. ‘‘(B) the degree to which the State and local educational agencies in the State, as so ‘‘(B) A description of the activities that local educational agencies have made determined. the local educational agency or consortium progress toward meeting the objectives and ‘‘(3) ADMINISTRATIVE COSTS.—Of the of such agencies will carry out under this outcomes described in the plan submitted by amount received under paragraph (2), a local part and how these activities are aligned the State under paragraph (2)(B). educational agency or consortium of such with the results of the needs assessment con- ‘‘(e) PROJECT SERV.— agencies may use not more than 2 percent ‘‘(1) ADDITIONAL USE OF FUNDS.—Funds for the direct administrative costs of car- ducted under paragraph (3). available under subsection (a)(4) for extended rying out its responsibilities under this part. ‘‘(C) A description of the performance indi- services grants under the Project School ‘‘(b) LOCAL APPLICATIONS.— cators that the local educational agency or Emergency Response to Violence program ‘‘(1) IN GENERAL.—To be eligible to receive consortium of such agencies will use to (referred to in this subsection as the ‘Project a subgrant under this section, a local edu- evaluate the effectiveness of the activities SERV program’) may be used by a local edu- cational agency or consortium of such agen- carried out under this section. cational agency or institution of higher edu- cies shall submit an application to the State ‘‘(D) a description of the programs or ac- cation receiving such grant to initiate or educational agency at such time, in such tivities that the local educational agency or strengthen violence prevention activities, as manner, and containing such information as consortium of such agencies will carry out part of the activities designed to restore the the State educational agency may reason- under this part to assist schools in facili- learning environment that was disrupted by ably require. tating safe relationship behavior between the violent or traumatic crisis in response to ‘‘(2) CONSULTATION.— and among students, as determined nec- which the grant was awarded, and as pro- ‘‘(A) IN GENERAL.—A local educational essary by the local educational agency to vided in this subsection. agency or consortium of such agencies shall meet the purposes of this part and which ‘‘(2) APPLICATION PROCESS.— conduct a needs assessment described in may include— ‘‘(A) IN GENERAL.—A local educational paragraph (3), and develop its application, ‘‘(i) providing age-appropriate education agency or institution of higher education de- through consultation with parents, teachers, and training, and siring to use a portion of extended services principals, school leaders, specialized in- ‘‘(ii) improving instructional practices on grant funds under the Project SERV pro- structional support personnel, early child- developing effective communication skills, gram to initiate or strengthen a violence hood educators, students, community-based and on how to recognize and prevent coer- prevention activity shall— organizations, local government representa- cion, violence, or abuse, including teen and ‘‘(i) submit, in an application that meets tives (which may include a local law enforce- dating violence, stalking, domestic abuse, all requirements of the Secretary for the ment agency, local juvenile court, local child and sexual violence and harassment. Project SERV program, the information de- welfare agency, or local public housing agen- ‘‘(E) An assurance that such activities will scribed in subparagraph (B); or cy), Indian tribes or tribal organizations (if comply with the principles of effectiveness ‘‘(ii) in the case of a local educational applicable) that may be located in the region described in section 4105(b), and foster a agency or institution of higher education served by the local educational agency, and healthy, safe, and supportive school environ- that has already received an extended serv- others with relevant and demonstrated ex- ment that improves students’ safety, health, ices grant under the Project SERV program, pertise in programs and activities designed and well-being during and after the school submit an addition to the original applica- to meet the purpose of this part. day.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00197 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.038 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5376 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(F) An assurance that the local edu- ities Education Act, are provided by quali- sonnel in the prevention, early identifica- cational agency or consortium of such agen- fied mental and behavioral health profes- tion, and early intervention, as related to cies will prioritize the distribution of funds sionals who are certified or licensed by the bullying and harassment; to schools served by the local educational State involved and practicing within their ‘‘(O) programs or activities designed to in- agency or consortium of such agencies that— area of expertise, and may include— crease school safety and improve school cli- ‘‘(i) are among the schools with the great- ‘‘(I) the early identification of social, emo- mate, which may include training for school est needs as identified through the needs as- tional, or behavioral problems, or substance personnel related to conflict prevention and sessment conducted under paragraph (3); use disorders, and the provision of early in- resolution practices and raising awareness of ‘‘(ii) have the highest percentages or num- tervening services; issues such as— bers of children counted under section ‘‘(II) notwithstanding section 4107, the ‘‘(i) suicide prevention; 1124(c); treatment or referral for treatment of stu- ‘‘(ii) effective and trauma-informed prac- ‘‘(iii) are identified under section dents with social, emotional, or behavioral tices in classroom management; 1114(a)(1)(A); or health problems, or substance use disorders; ‘‘(iii) crisis management techniques; ‘‘(iv) are identified as a persistently dan- ‘‘(III) the development and implementation ‘‘(iv) conflict resolution practices; gerous public elementary school or sec- of programs to assist children in dealing ‘‘(v) human trafficking (defined, for pur- ondary school under section 9532. with trauma and violence; and poses of this subparagraph, as an act or prac- ‘‘(G) An assurance that the local edu- ‘‘(IV) the development of mechanisms, tice described in paragraph (9) or (10) of sec- cational agency or consortium of such agen- based on best practices, for children to re- tion 103 of the Trafficking Victims Protec- cies will comply with section 9501 (regarding port incidents of violence or plans by other tion Act of 2000 (22 U.S.C. 7102)); and equitable participation by private school children or adults to commit violence; ‘‘(vi) school-based violence prevention children and teachers). ‘‘(E) emergency planning and intervention strategies; ‘‘SEC. 4105. LOCAL EDUCATIONAL AGENCY AU- services following traumatic crisis events; ‘‘(P) programs or activities that integrate THORIZED ACTIVITIES. ‘‘(F) programs that train school personnel health and safety practices into school or ‘‘(a) LOCAL EDUCATIONAL AGENCY ACTIVI- to identify warning signs of youth drug athletic programs, such as developing a plan TIES.—A local educational agency or consor- abuse and suicide; for concussion safety and recovery or cardiac tium of such agencies that receives a ‘‘(G) mentoring programs and activities for safety or implementing an excessive heat ac- subgrant under section 4104 shall use the children who— tion plan to be used during school-sponsored subgrant funds to develop, implement, and ‘‘(i) are at risk of academic failure, drop- athletic activities; evaluate comprehensive programs and ac- ping out of school, or involvement in crimi- ‘‘(Q) pay-for-success initiatives that tivities, which are coordinated with other nal or delinquent activities, drug use and produce a measurable, clearly defined out- schools and community-based services and abuse; or come that results in social benefit and direct programs and may be conducted in partner- ‘‘(ii) lack strong positive role models; cost savings to the local, State, or Federal ship with nonprofit organizations with a ‘‘(H) early childhood, elementary school, Government; demonstrated record of success in imple- and secondary school counseling programs, ‘‘(R) programs or activities to connect menting activities, that are in accordance including college and career guidance pro- youth who are involved in, or are at risk of with the purpose of this part and— grams, such as— involvement in, juvenile delinquency or ‘‘(1) foster safe, healthy, supportive, and ‘‘(i) postsecondary education and career street gang activity to evidence-based and drug-free environments that support student awareness and exploration activities; promising prevention and intervention prac- academic achievement; ‘‘(ii) efforts to enhance the use of informa- tices related to juvenile delinquency and ‘‘(2) are consistent with the principles of tion about local workforce needs in postsec- criminal street gang activity; effectiveness described in subsection (b); ondary education and career guidance pro- ‘‘(S) child sexual abuse awareness and pre- ‘‘(3) promote the involvement of parents in grams, which may include training coun- vention programs or activities, such as pro- the activity or program, as appropriate; and selors to effectively utilize labor market in- grams or activities designed to provide— ‘‘(4) may include, among other programs formation in assisting students with postsec- ‘‘(i) age-appropriate and developmentally- and activities— ondary education and career planning; appropriate instruction for early childhood ‘‘(A) drug and violence prevention activi- ‘‘(iii) the development of personalized education program, elementary school, and ties and programs (including programs to learning plans for students; and secondary school students in child sexual educate students against the use of alcohol, ‘‘(iv) financial literacy and Federal finan- abuse awareness and prevention, including tobacco, marijuana, smokeless tobacco prod- cial aid awareness activities; how to recognize child sexual abuse and how ucts, and electronic cigarettes), including ‘‘(I) programs or activities that support a to safely report child sexual abuse; and professional development and training for healthy, active lifestyle, including nutri- ‘‘(ii) information to parents and guardians school and specialized instructional support tional education and regular, structured of early childhood education program, ele- personnel and interested community mem- physical education programs for early child- mentary school, and secondary school stu- bers in prevention, education, early identi- hood, elementary school, and secondary dents about child sexual abuse awareness fication, and intervention mentoring, recov- school students; and prevention, including how to recognize ery support services, and, where appropriate, ‘‘(J) implementation of schoolwide positive child sexual abuse and how to discuss child rehabilitation referral, as related to drug behavioral interventions and supports, in- sexual abuse with a child; and violence prevention; cluding through coordination with similar ‘‘(T) the development and implementation ‘‘(B) programs that support extended learn- activities carried out under the Individuals of a school asthma management plan; ing opportunities, including before- and with Disabilities Education Act, in order to ‘‘(U) assisting schools in educating chil- after-school programs and activities, pro- improve academic outcomes for students and dren facing substance abuse in the home, grams during summer recess periods, and ex- reduce the need for suspensions, expulsions, which may include providing professional de- panded learning time; and other actions that remove students from velopment, training, and technical assist- ‘‘(C) in accordance with subsections (c) and instruction; ance to elementary schools and secondary (d), school-based mental health services, in- ‘‘(K) programs and activities that offer a schools that serve communities with high cluding early identification of mental-health variety of well-rounded educational experi- rates of substance abuse; symptoms, drug use and violence, and appro- ence for students, such as those that— ‘‘(V) instructional and support activities priate referrals to direct individual or group ‘‘(i) use music and the arts as tools to pro- and programs, such as activities and pro- counseling services provided by qualified mote constructive student engagement, grams addressing chronic disease manage- school or community-based mental health problem solving, and conflict resolution; ment, led by school nurses, nurse practi- services providers; ‘‘(ii) further students’ understanding and tioners, social workers, and other appro- ‘‘(D) in accordance with subsections (c) and knowledge of computer science from elemen- priate specialists or professionals to help (d), school-based mental health services tary school through secondary school; or maintain the well-being of students; partnership programs that— ‘‘(iii) promote volunteerism and commu- ‘‘(W) programs and activities that facili- ‘‘(i) are conducted in partnership with a nity service; tate safe relationship behavior between and public or private mental-health entity or ‘‘(L) systems of high-capacity, integrated among students; health care entity, which may also include a student supports; ‘‘(X) designating a site resource coordi- child welfare agency, family-based mental ‘‘(M) strategies that establish learning en- nator at a school or local educational agency health entity, trauma network, or other vironments to further students’ academic to provide a variety of services, such as— community-based entity; and and nonacademic skills essential for school ‘‘(i) establishing partnerships within the ‘‘(ii) provide comprehensive school-based readiness and academic success, such as by community to provide resources and support mental health services and supports and providing integrated systems of student and for schools; staff development for school and community family supports and building teacher, prin- ‘‘(ii) ensuring all service and community personnel working in the school that are cipal, and other school leader capacity; partners are aligned with the academic ex- based on trauma-informed and evidence ‘‘(N) bullying and harassment prevention pectations of a community school in order to practices, are coordinated (where appro- programs or activities, including profes- improve student success; and priate) with early intervening services car- sional development and training for school ‘‘(iii) strengthening relationships between ried out under the Individuals with Disabil- and specialized instructional support per- schools and communities; and

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SUPPLEMENT, NOT SUPPLANT. needs and aligned with the instruction stu- meet the purpose of this part. ‘‘Funds made available under this part dents receive during the school day; and ‘‘(b) PRINCIPLES OF EFFECTIVENESS.— shall be used to supplement, and not sup- ‘‘(B) offers families of students served by ‘‘(1) IN GENERAL.—For a program or activ- plant, non-Federal funds that would other- such center opportunities for literacy, and ity developed or carried out under this part wise be used for activities authorized under related educational development and oppor- to meet principles of effectiveness, such pro- this part. tunities for active and meaningful engage- gram or activity shall— ‘‘SEC. 4107. PROHIBITIONS. ment in their children’s education. ‘‘(A) be based upon an assessment of objec- ‘‘(2) COVERED PROGRAM.—The term ‘covered ‘‘(a) PROHIBITED USE OF FUNDS.—No funds tive data regarding the need for programs program’ means a program for which — under this part may be used for— and activities in the early childhood, ele- ‘‘(A) the Secretary made a grant under ‘‘(1) construction; or mentary school, secondary school, or com- part B of title IV (as such part was in effect ‘‘(2) medical services or drug treatment or munity to be served to— on the day before the date of enactment of rehabilitation, except for integrated student ‘‘(i) improve school safety and promote the Every Child Achieves Act of 2015); and supports or referral to treatment for im- students’ physical and mental health and ‘‘(B) the grant period had not ended on pacted students, which may include students well-being, healthy eating and nutrition, and that date of enactment. who are victims of, or witnesses to, crime or physical fitness; and ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible who illegally use drugs. ‘‘(ii) strengthen parent and community en- entity’ means a local educational agency, ‘‘(b) PROHIBITION ON MANDATORY MEDICA- gagement to ensure a healthy, safe, and sup- community-based organization, Indian tribe portive school environment; TION.—No child shall be required to obtain a prescription for a substance covered by the or tribal organization (as such terms are de- ‘‘(B) be based upon established State re- fined in section 4 of the Indian Self-Deter- quirements and evidence-based criteria Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of receiving an evalua- mination and Education Act (25 U.S.C. 450b)), aimed at ensuring a healthy, safe, and sup- another public or private entity, or a consor- portive school environment for students in tion, services, or attending a school receiv- ing assistance under this part. tium of 2 or more such agencies, organiza- the early childhood, elementary school, sec- tions, or entities. ondary school, or community that will be ‘‘SEC. 4108. AUTHORIZATION OF APPROPRIA- ‘‘(4) EXTERNAL ORGANIZATION.—The term served by the program; and TIONS. ‘external organization’ means— ‘‘(C) include meaningful and ongoing con- ‘‘There are authorized to be appropriated ‘‘(A) a nonprofit organization with a record sultation with and input from teachers, prin- to carry out this part such sums as may be of success in running or working with after cipals, school leaders, and parents in the de- necessary for each of fiscal years 2016 school programs; or velopment of the application and adminis- through 2021.’’. ‘‘(B) in the case of a community where tration of the program or activity. SEC. 4003. 21ST CENTURY COMMUNITY LEARNING there is no such organization, a nonprofit or- ‘‘(2) PERIODIC EVALUATION.— CENTERS. ganization in the community that enters ‘‘(A) IN GENERAL.—The program or activity (a) PROGRAM AUTHORIZED.—Part B of title into a formal agreement or partnership with shall undergo a periodic independent, third- IV (20 U.S.C. 7171 et seq.) is amended to read an organization described in subparagraph party evaluation to assess the extent to as follows: (A) to receive mentoring and guidance. which the program or activity has helped the ‘‘PART B—21ST CENTURY COMMUNITY ‘‘(5) RIGOROUS PEER-REVIEW PROCESS.—The local educational agency or school provide LEARNING CENTERS term ‘rigorous peer-review process’ means a students with a healthy, safe, and supportive process by which— school environment that promotes school ‘‘SEC. 4201. PURPOSE; DEFINITIONS. ‘‘(A) employees of a State educational safety and students’ physical and mental ‘‘(a) PURPOSE.—The purpose of this part is agency who are familiar with the 21st cen- health and well-being. to provide opportunities for communities to tury community learning center program ‘‘(B) USE OF RESULTS.—The local edu- establish or expand activities in community under this part review all applications that cational agency or consortium of such agen- learning centers that— the State receives for awards under this part cies shall ensure that the results of the peri- ‘‘(1) provide opportunities for academic en- for completeness and applicant eligibility; odic evaluations described under subpara- richment, including providing tutorial serv- ‘‘(B) the State educational agency selects graph (A) are— ices to help students, particularly students peer reviewers for such applications, who ‘‘(i) used to refine, improve, and strengthen who attend low-performing schools, to meet shall— the program or activity, and to refine locally challenging State academic standards de- ‘‘(i) be selected for their expertise in pro- determined criteria described under para- scribed in section 1111(b)(1); viding effective academic, enrichment, youth graph (1)(B); and ‘‘(2) offer students a broad array of addi- development, and related services to chil- ‘‘(ii) made available to the public and the tional services, programs, and activities, dren; and State. such as youth development activities, serv- ‘‘(ii) not include any applicant, or rep- ‘‘(3) PROHIBITION.—Nothing in this sub- ice learning, nutrition and health education, resentative of an applicant, that has sub- section shall be construed to authorize the drug and violence prevention programs, mitted an application under this part for the Secretary or any other officer or employee of counseling programs, art, music, physical current application period; and the Federal Government to mandate, direct, fitness and wellness programs, technology ‘‘(C) the peer reviewers described in sub- or control, the principles of effectiveness de- education programs, financial literacy pro- paragraph (B) review and rate the applica- veloped or utilized by a local educational grams, environmental literacy programs, tions to determine the extent to which the agency under this subsection. mathematics, science, career and technical applications meet the requirements under ‘‘(c) PARENTAL CONSENT.— programs, internship or apprenticeship pro- sections 4204(b) and 4205. ‘‘(1) IN GENERAL.—Each local educational grams, and other ties to an in-demand indus- agency receiving a subgrant under this part try sector or occupation for high school stu- ‘‘(6) STATE.—The term ‘State’ means each shall obtain prior written, informed consent dents that are designed to reinforce and com- of the 50 States, the District of Columbia, from the parent of each child who is under 18 plement the regular academic program of and the Commonwealth of Puerto Rico. years of age to participate in any mental- participating students; and ‘‘SEC. 4202. ALLOTMENTS TO STATES. health assessment service or treatment that ‘‘(3) offer families of students served by is funded under this part and conducted in community learning centers opportunities ‘‘(a) RESERVATION.—From the funds appro- connection with an elementary school or sec- for active and meaningful engagement in priated under section 4206 for any fiscal year, ondary school under this part. their children’s education, including oppor- the Secretary shall reserve— ‘‘(2) EXCEPTION.—Notwithstanding para- tunities for literacy and related educational ‘‘(1) such amounts as may be necessary to graph (1), the written, informed consent de- development. make continuation awards to grant recipi- scribed in such paragraph shall not be re- ‘‘(b) DEFINITIONS.—In this part: ents under covered programs (under the quired in— ‘‘(1) COMMUNITY LEARNING CENTER.—The terms of those grants); ‘‘(A) an emergency, where it is necessary term ‘community learning center’ means an ‘‘(2) not more than 1 percent for national to protect the immediate health and safety entity that— activities, which the Secretary may carry of the student, other students, or school per- ‘‘(A) assists students to meet challenging out directly or through grants and contracts, sonnel; or State academic standards described in sec- such as providing technical assistance to eli- ‘‘(B) other instances where parental con- tion 1111(b)(1) by providing the students with gible entities carrying out programs under sent cannot be reasonably obtained, as de- academic enrichment activities and a broad this part or conducting a national evalua- fined by the Secretary. array of other activities (such as programs tion; and ‘‘(d) PRIVACY.—Each local educational and activities described in subsection (a)(2)) ‘‘(3) not more than 1 percent for payments agency receiving a subgrant under this part during nonschool hours or periods when to the outlying areas and the Bureau of In- shall ensure that student mental health school is not in session (such as before and dian Affairs, to be allotted in accordance records are accorded the privacy protections after school or during summer recess) that— with their respective needs for assistance

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00199 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.039 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5378 CONGRESSIONAL RECORD — SENATE July 21, 2015 under this part, as determined by the Sec- ‘‘SEC. 4203. STATE APPLICATION. ‘‘(A) an assurance that the application was retary, to enable the outlying areas and the ‘‘(a) IN GENERAL.—In order to receive an al- developed in consultation and coordination Bureau to carry out the purpose of this part. lotment under section 4202 for any fiscal with appropriate State officials, including the chief State school officer, and other ‘‘(b) STATE ALLOTMENTS.— year, a State shall submit to the Secretary, State agencies administering before- and ‘‘(1) DETERMINATION.—From the funds ap- at such time as the Secretary may require, after-school (or summer school) programs, propriated under section 4206 for any fiscal an application that— the heads of the State health and mental year and remaining after the Secretary ‘‘(1) designates the State educational agen- health agencies or their designees, statewide makes reservations under subsection (a), the cy as the agency responsible for the adminis- after-school networks (where applicable) and Secretary shall allot to each State for the tration and supervision of programs assisted representatives of teachers, local edu- fiscal year an amount that bears the same under this part; cational agencies, and community-based or- relationship to the remainder as the amount ‘‘(2) describes how the State educational ganizations; and the State received under subpart 2 of part A agency will use funds received under this ‘‘(B) a description of any other representa- of title I for the preceding fiscal year bears part, including funds reserved for State-level tives of teachers, parents, students, or the to the amount all States received under that activities; business community that the State has se- subpart for the preceding fiscal year, except ‘‘(3) contains an assurance that the State educational agency— lected to assist in the development of the ap- that no State shall receive less than an plication, if applicable; amount equal to one-half of 1 percent of the ‘‘(A) will make awards under this part to eligible entities that serve students who pri- ‘‘(13) describes the results of the State’s total amount made available to all States needs and resources assessment for before- under this subsection. marily attend schools that have been identi- fied under section 1114(a)(1)(A) and other and after-school activities, which shall be ‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a based on the results of on-going State eval- State does not receive an allotment under schools determined by the local educational agency to be in need of intervention and sup- uation activities; this part for a fiscal year, the Secretary ‘‘(14) describes how the State educational shall reallot the amount of the State’s allot- port and the families of such students; and ‘‘(B) will further give priority to eligible agency will evaluate the effectiveness of pro- ment to the remaining States in accordance grams and activities carried out under this with this part. entities that propose in the application to serve students described in subclauses (I) and part, which shall include, at a minimum— ‘‘(c) STATE USE OF FUNDS.— (II) of section 4204(i)(1)(A)(i); ‘‘(A) a description of the performance indi- ‘‘(1) IN GENERAL.—Each State that receives ‘‘(4) describes the procedures and criteria cators and performance measures that will an allotment under this part shall reserve the State educational agency will use for re- be used to evaluate programs and activities not less than 93 percent of the amount allot- viewing applications and awarding funds to with emphasis on alignment with the regular ted to such State under subsection (b), for eligible entities on a competitive basis, academic program of the school and the aca- each fiscal year for awards to eligible enti- which shall include procedures and criteria demic needs of participating students, in- ties under section 4204. that take into consideration the likelihood cluding performance indicators and meas- ‘‘(2) STATE ADMINISTRATION.—A State edu- that a proposed community learning center ures that— cational agency may use not more than 2 will help participating students meet State ‘‘(i) are able to track student success and percent of the amount made available to the and local content and student academic improvement over time; State under subsection (b) for— achievement standards; ‘‘(ii) include State assessment results and ‘‘(A) the administrative costs of carrying ‘‘(5) describes how the State educational other indicators of student success and im- out its responsibilities under this part; agency will ensure that awards made under provement, such as improved attendance ‘‘(B) establishing and implementing a rig- this part are— during the school day, better classroom orous peer-review process for subgrant appli- ‘‘(A) of sufficient size and scope to support grades, regular (or consistent) program at- cations described in section 4204(b) (includ- high-quality, effective programs that are tendance, and on-time advancement to the ing consultation with the Governor and consistent with the purpose of this part; and next grade level; and other State agencies responsible for admin- ‘‘(B) in amounts that are consistent with ‘‘(iii) for high school students, may include istering youth development programs and section 4204(h); indicators such as career competencies, suc- adult learning activities); and ‘‘(6) describes the steps the State edu- cessful completion of internships or appren- ‘‘(C) awarding of funds to eligible entities cational agency will take to ensure that pro- ticeships, or work-based learning opportuni- (in consultation with the Governor and other grams implement effective strategies, in- ties; State agencies responsible for administering cluding providing ongoing technical assist- ‘‘(B) a description of how data collected for youth development programs and adult ance and training, evaluation, dissemination the purposes of subparagraph (A) will be col- learning activities). of promising practices, and coordination of lected; and ‘‘(3) STATE ACTIVITIES.—A State edu- professional development for staff in specific ‘‘(C) public dissemination of the evalua- cational agency may use not more than 5 content areas as well as youth development; tions of programs and activities carried out percent of the amount made available to the ‘‘(7) describes how programs under this under this part; and State under subsection (b) for the following part will be coordinated with programs ‘‘(15) provides for timely public notice of activities: under this Act, and other programs as appro- intent to file an application and an assur- ‘‘(A) Monitoring and evaluation of pro- priate; ance that the application will be available grams and activities assisted under this part. ‘‘(8) contains an assurance that the State for public review after submission. ‘‘(B) Providing capacity building, training, educational agency— ‘‘(b) DEEMED APPROVAL.—An application and technical assistance under this part. ‘‘(A) will make awards for programs for a submitted by a State educational agency ‘‘(C) Comprehensive evaluation (directly, period of not less than 3 years and not more pursuant to subsection (a) shall be deemed to or through a grant or contract) of the effec- than 5 years; and be approved by the Secretary unless the Sec- retary makes a written determination, prior tiveness of programs and activities assisted ‘‘(B) will require each eligible entity seek- to the expiration of the 120-day period begin- under this part. ing such an award to submit a plan describ- ning on the date on which the Secretary re- ‘‘(D) Providing training and technical as- ing how the activities to be funded through ceived the application, that the application sistance to eligible entities that are appli- the award will continue after funding under is not in compliance with this part. cants for or recipients of awards under this this part ends; ‘‘(c) DISAPPROVAL.—The Secretary shall part. ‘‘(9) contains an assurance that funds ap- not finally disapprove the application, ex- ‘‘(E) Ensuring that any eligible entity that propriated to carry out this part will be used cept after giving the State educational agen- receives an award under this part from the to supplement, and not supplant, other Fed- cy notice and an opportunity for a hearing. State aligns the activities provided by the eral, State, and local public funds expended ‘‘(d) NOTIFICATION.—If the Secretary finds program with State academic standards. to provide programs and activities author- that the application is not in compliance, in ‘‘(F) Ensuring that any such eligible entity ized under this part and other similar pro- whole or in part, with this part, the Sec- identifies and partners with external organi- grams; retary shall— zations, if available, in the community. ‘‘(10) contains an assurance that the State ‘‘(1) give the State educational agency no- ‘‘(G) Working with teachers, principals, educational agency will require eligible enti- tice and an opportunity for a hearing; and parents, the local workforce, the local com- ties to describe in their applications under ‘‘(2) notify the State educational agency of munity, and other stakeholders to review section 4204(b) how the transportation needs the finding of noncompliance and, in such and improve State policies and practices to of participating students will be addressed; notification— support the implementation of effective pro- ‘‘(11) describes how the State will ‘‘(A) cite the specific provisions in the ap- grams under this part. prescreen external organizations that could plication that are not in compliance; and ‘‘(H) Coordinating funds received under provide assistance in carrying out the activi- ‘‘(B) request additional information, only this part with other Federal and State funds ties under this part, and develop and make as to the noncompliant provisions, needed to to implement high-quality programs. available to eligible entities a list of exter- make the application compliant. ‘‘(I) Providing a list of prescreened exter- nal organizations that successfully com- ‘‘(e) RESPONSE.—If the State educational nal organizations, as described in section pleted the prescreening process; agency responds to the Secretary’s notifica- 4203(a)(11). ‘‘(12) provides— tion described in subsection (d)(2) during the

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LOCAL COMPETITIVE SUBGRANT PRO- nity-based organization, and another public ‘‘(1) IN GENERAL.—In awarding subgrants GRAM. entity or private entity, if appropriate; ‘‘(a) IN GENERAL.— under this part, a State educational agency ‘‘(I) an evaluation of the community needs shall give priority to applications— ‘‘(1) COMMUNITY LEARNING CENTERS.—A and available resources for the community State that receives funds under this part for ‘‘(A) proposing to target services to— learning center and a description of how the ‘‘(i) students who primarily attend schools a fiscal year shall provide the amount made program proposed to be carried out in the available under section 4202(c)(1) to award that— center will address those needs (including ‘‘(I) have been identified under section subgrants to eligible entities for community the needs of working families); learning centers in accordance with this 1114(a) and other schools determined by the ‘‘(J) a demonstration that the eligible enti- local educational agency to be in need of part. ty will use best practices, including research ‘‘(2) EXPANDED LEARNING PROGRAM ACTIVI- intervention and support to improve student or evidence-based practices, to provide edu- academic achievement and other outcomes; TIES.—A State that receives funds under this cational and related activities that will com- part for a fiscal year may also use funds and plement and enhance academic performance, ‘‘(II) enroll students who may be at risk for under section 4202(c)(1) to support those en- achievement, postsecondary and workforce richment and engaging academic activities academic failure, dropping out of school, in- preparation, and positive youth development volvement in criminal or delinquent activi- described in section 4205(a) that— of the students; ‘‘(A) are included as part of an expanded ties, or who lack strong positive role models; ‘‘(K) a description of a preliminary plan for and learning program that provide students at how the community learning center will con- least 300 additional program hours before, ‘‘(ii) the families of students described in tinue after funding under this part ends; clause (i); during, or after the traditional school day; ‘‘(L) an assurance that the community will ‘‘(B) supplement but do not supplant ‘‘(B) submitted jointly by eligible entities be given notice of an intent to submit an ap- consisting of not less than 1— school day requirements; and plication and that the application and any ‘‘(C) are awarded to entities that meet the ‘‘(i) local educational agency receiving waiver request will be available for public re- funds under part A of title I; and requirements of subsection (i). view after submission of the application; ‘‘(b) APPLICATION.— ‘‘(ii) another eligible entity; and ‘‘(M) if the eligible entity plans to use vol- ‘‘(C) demonstrating that the activities pro- ‘‘(1) IN GENERAL.—To be eligible to receive unteers in activities carried out through the a subgrant under this part, an eligible entity posed in the application— community learning center, a description of ‘‘(i) are, as of the date of the submission of shall submit an application to the State edu- how the eligible entity will encourage and cational agency at such time, in such man- the application, not accessible to students use appropriately qualified persons to serve who would be served; or ner, and including such information as the as the volunteers; and State educational agency may reasonably re- ‘‘(ii) would expand accessibility to high- ‘‘(N) such other information and assur- quality services that may be available in the quire. ances as the State educational agency may ‘‘(2) CONTENTS.—Each application sub- community. reasonably require. ‘‘(2) SPECIAL RULE.—The State educational mitted under paragraph (1) shall include— ‘‘(c) APPROVAL OF CERTAIN APPLICATIONS.— agency shall provide the same priority under ‘‘(A) a description of the activities to be The State educational agency may approve paragraph (1) to an application submitted by funded, including— an application under this part for a program a local educational agency if the local edu- ‘‘(i) an assurance that the program will to be located in a facility other than an ele- cational agency demonstrates that it is un- take place in a safe and easily accessible fa- mentary school or secondary school only if cility; the program will be at least as available and able to partner with a community-based or- ‘‘(ii) a description of how students partici- accessible to the students to be served as if ganization in reasonable geographic prox- pating in the program carried out by the the program were located in an elementary imity and of sufficient quality to meet the community learning center will travel safely school or secondary school. requirements of this part. to and from the center and home, if applica- ‘‘(d) PERMISSIVE LOCAL MATCH.— ‘‘(3) LIMITATION.—A State educational ble; and ‘‘(1) IN GENERAL.—A State educational agency may not impose a priority or pref- ‘‘(iii) a description of how the eligible enti- agency may require an eligible entity to erence for eligible entities that seek to use ty will disseminate information about the match subgrant funds awarded under this funds made available under this part to ex- community learning center (including its lo- part, except that such match may not exceed tend the regular school day. cation) to the community in a manner that the amount of the subgrant and may not be ‘‘(j) RENEWABILITY OF AWARDS.—A State is understandable and accessible; derived from other Federal or State funds. educational agency may renew a subgrant ‘‘(B) a description of how such activities ‘‘(2) SLIDING SCALE.—The amount of a provided under this part to an eligible enti- are expected to improve student academic match under paragraph (1) shall be estab- ty, based on the eligible entity’s perform- achievement as well as overall student suc- lished based on a sliding scale that takes ance during the original subgrant period. cess; into account— ‘‘SEC. 4205. LOCAL ACTIVITIES. ‘‘(C) a demonstration of how the proposed ‘‘(A) the relative poverty of the population ‘‘(a) AUTHORIZED ACTIVITIES.—Each eligible program will coordinate Federal, State, and to be targeted by the eligible entity; and entity that receives an award under section local programs and make the most effective ‘‘(B) the ability of the eligible entity to ob- 4204 may use the award funds to carry out a use of public resources; tain such matching funds. broad array of activities that advance stu- ‘‘(D) an assurance that the proposed pro- ‘‘(3) IN-KIND CONTRIBUTIONS.—Each State dent academic achievement and support stu- gram was developed and will be carried out— educational agency that requires an eligible dent success, including— ‘‘(i) in active collaboration with the entity to match funds under this subsection ‘‘(1) academic enrichment learning pro- schools the students attend (including shall permit the eligible entity to provide all grams, mentoring programs, remedial edu- through the sharing of relevant student data or any portion of such match in the form of cation activities, and tutoring services, that among the schools), all participants in the in-kind contributions. are aligned with— eligible entity, and any partnership entities ‘‘(4) CONSIDERATION.—Notwithstanding this ‘‘(A) State and local content and student described in subparagraph (H), while com- subsection, a State educational agency shall academic achievement standards; and

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‘‘(B) local curricula that are designed to ‘‘(i) used to refine, improve, and strengthen ‘‘(4) DURATION.—A grant under this section improve student academic achievement; the program or activity, and to refine the shall be awarded for a period not to exceed 3 ‘‘(2) core academic subject education ac- performance measures; years. tivities, including such activities that enable ‘‘(ii) made available to the public upon re- ‘‘(5) MAXIMUM GRANT.—A grant awarded students to be eligible for credit recovery or quest, with public notice of such availability under this section shall not exceed $400,000 attainment; provided; and for any fiscal year. ‘‘(3) literacy education programs, including ‘‘(iii) used by the State to determine ‘‘(b) APPLICATIONS.— financial literacy programs and environ- whether a subgrant is eligible to be renewed ‘‘(1) IN GENERAL.—Each eligible entity de- mental literacy programs; under section 4204(j). siring a grant under this section shall sub- ‘‘(4) programs that support a healthy, ac- ‘‘SEC. 4206. AUTHORIZATION OF APPROPRIA- mit an application to the Secretary at such tive lifestyle, including nutritional edu- TIONS. time, in such manner, and accompanied by cation and regular, structured physical ac- ‘‘There are authorized to be appropriated such information as the Secretary may rea- tivity programs; to carry out this part such sums as may be sonably require. ‘‘(5) services for individuals with disabil- necessary for each of fiscal years 2016 ities; ‘‘(2) CONTENTS.—Each application for a through 2021.’’. ‘‘(6) programs that provide after-school ac- grant under this section shall— tivities for students who are English learners (b) TRANSITION.—The recipient of a ‘‘(A) describe the school population to be that emphasize language skills and academic multiyear grant award under part B of title targeted by the program, the particular achievement; IV of the Elementary and Secondary Edu- counseling needs of such population, and the ‘‘(7) cultural programs; cation Act of 1965 (20 U.S.C. 7171 et seq.), as current school counseling resources avail- ‘‘(8) telecommunications and technology such Act was in effect on the day before the able for meeting such needs; education programs; date of enactment of this Act, shall continue ‘‘(B) include the information described in ‘‘(9) expanded library service hours; to receive funds in accordance with the subparagraphs (B) through (D) of section ‘‘(10) parenting skills programs that pro- terms and conditions of such award. 4104(b)(4), with respect to the grant under mote parental involvement and family lit- SEC. 4004. ELEMENTARY SCHOOL AND SEC- this part; eracy; ONDARY SCHOOL COUNSELING PRO- ‘‘(C) document that the eligible entity has ‘‘(11) programs that provide assistance to GRAMS. personnel qualified to develop, implement, students who have been truant, suspended, or Title IV (20 U.S.C. 7101 et seq.), as amended and administer the program; and expelled to allow the students to improve by section 4001, is further amended by insert- ‘‘(D) document how the eligible entity will their academic achievement; ing after part B the following: engage in meaningful consultation with par- ‘‘(12) drug and violence prevention pro- ents and families in the development of such ‘‘PART C—ELEMENTARY SCHOOL AND program. grams and counseling programs; SECONDARY SCHOOL COUNSELING PRO- ‘‘(13) programs that build skills in science, GRAMS ‘‘(c) USE OF FUNDS.—Each eligible entity technology, engineering, and mathematics receiving a grant under this part shall use ‘‘SEC. 4301. ELEMENTARY SCHOOL AND SEC- (referred to in this paragraph as ‘STEM’) and grant funds to develop, implement, and that foster innovation in learning by sup- ONDARY SCHOOL COUNSELING PRO- GRAMS. evaluate comprehensive, evidence-based, porting nontraditional STEM education school counseling programs through activi- ‘‘(a) GRANTS AUTHORIZED.— teaching methods; and ties that incorporate evidence-based prac- ‘‘(14) programs that partner with in-de- ‘‘(1) IN GENERAL.—The Secretary is author- ized to award grants to eligible entities to tices, such as— mand fields of the local workforce or build ‘‘(1) the implementation of a comprehen- career competencies and career readiness enable such agencies to establish or expand elementary school and secondary school sive school counseling program to meet the and ensure that local workforce and career counseling and educational needs of all stu- readiness skills are aligned with the Carl D. counseling programs that comply with the requirements of subsection (c). dents; Perkins Career and Technical Education Act ‘‘(2) increasing the range, availability, of 2006 and the Workforce Innovation and Op- ‘‘(2) SPECIAL CONSIDERATION.—In awarding grants under this section, the Secretary quantity, and quality of counseling services, portunity Act. provided by qualified school counselors, ‘‘(b) MEASURES OF EFFECTIVENESS.— shall— school psychologists, school social workers, ‘‘(1) IN GENERAL.—For a program or activ- ‘‘(A) give special consideration to applica- and other qualified school-based mental ity developed pursuant to this part to meet tions describing programs that— health services providers, in the elementary the measures of effectiveness, monitored by ‘‘(i) demonstrate the greatest need for new the State educational agency as described in or additional counseling services among chil- schools and secondary schools of the eligible section 4203(a)(14), such program or activity dren in the schools served by the eligible en- entity; shall— tity, in part by providing information on ‘‘(3) the implementation of innovative ap- ‘‘(A) be based upon an assessment of objec- current ratios, as of the date of application proaches to increase children’s under- tive data regarding the need for before- and for a grant under this section, of students to standing of peer and family relationships, after-school programs (including during school counselors, students to school social peer and family interaction, work and self, summer recess periods) and activities in the workers, and students to school psycholo- decisionmaking, or academic and career schools and communities; gists; planning; ‘‘(B) be based upon an established set of ‘‘(ii) propose promising and innovative ap- ‘‘(4) the implementation of academic, post- performance measures aimed at ensuring the proaches for initiating or expanding school secondary education and career planning availability of high-quality academic enrich- counseling; and programs; ment opportunities; ‘‘(iii) show strong potential for replication ‘‘(5) the initiation of partnerships with ‘‘(C) if appropriate, be based upon evi- and dissemination; and community groups, social service agencies, dence-based research that the program or ac- ‘‘(B) give priority to— or other public or private non-profit entities tivity will help students meet the State and ‘‘(i) schools that serve students in rural in collaborative efforts to enhance the pro- local student academic achievement stand- and remote areas; gram and promote school-linked integration ards; ‘‘(ii) schools in need of intervention and of services, as long as the eligible entity doc- ‘‘(D) ensure that measures of student suc- support and schools that are the persistently uments how such partnership supplements, cess align with the regular academic pro- lowest-achieving schools; or not supplants, existing school-employed gram of the school and the academic needs of ‘‘(iii) schools with a high percentage of stu- school-based mental health services pro- participating students and include perform- dents aged 5 through 17 who— viders and services, in accordance with sub- ance indicators and measures described in ‘‘(I) are in poverty, as counted in the most section (f); section 4203(a)(14)(A); and recent census data approved by the Sec- ‘‘(6) the implementation of a team ap- ‘‘(E) collect the data necessary for the retary; proach to school counseling in the schools measures of student success described in sub- ‘‘(II) are eligible for a free or reduced price served by the eligible entity by working to- paragraph (D). lunch under the Richard B. Russell National ward ratios of school counselors, school so- cial workers, and school psychologists to ‘‘(2) PERIODIC EVALUATION.— School Lunch Act (42 U.S.C. 1751 et seq.); students recommended to enable such per- ‘‘(A) IN GENERAL.—The program or activity ‘‘(III) are in families receiving assistance shall undergo a periodic evaluation in con- under the State program funded under part sonnel to effectively address the needs of junction with the State educational agency’s A of title IV of the Social Security Act; or students; and overall evaluation plan as described in sec- ‘‘(IV) are eligible to receive medical assist- ‘‘(7) any other activity determined nec- tion 4203(a)(14), to assess the program’s ance under the Medicaid program. essary by the eligible entity that meets the purpose of this part. progress toward achieving the goal of pro- ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding viding high-quality opportunities for aca- grants under this section, the Secretary ‘‘(d) LIMITATION ON ADMINISTRATIVE demic enrichment and overall student suc- shall ensure an equitable geographic dis- COSTS.—Not more than 4 percent of the cess. tribution among the regions of the United amounts made available under this section ‘‘(B) USE OF RESULTS.—The results of eval- States and among eligible entities located in for any fiscal year may be used for adminis- uations under subparagraph (A) shall be— urban, rural, and suburban areas. trative costs to carry out this section.

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‘‘(e) REPORT.—Not later than 2 years after the physical, mental, and social or emotional this part shall remain available until ex- assistance is made available to eligible enti- development of every student. pended. ties under subsection (a), the Secretary shall ‘‘(3) Development of, and instruction in, ‘‘SEC. 4406. SUPPLEMENT, NOT SUPPLANT. make publicly available a report— cognitive concepts about motor skill and ‘‘Funds made available under this part ‘‘(1) evaluating the programs assisted pur- physical fitness that support a lifelong shall be used to supplement, and not sup- suant to each grant under this section; and healthy lifestyle. plant, any other Federal, State, or local ‘‘(2) outlining the information from eligi- ‘‘(4) Opportunities to develop positive so- funds available for physical education activi- ble entities regarding the ratios of students cial and cooperative skills through physical ties. to— activity participation. ‘‘SEC. 4407. AUTHORIZATION OF APPROPRIA- ‘‘(A) school counselors; ‘‘(5) Instruction in healthy eating habits TIONS. ‘‘(B) school social workers; and and good nutrition. ‘‘There are authorized to be appropriated ‘‘(C) school psychologists. ‘‘(6) Opportunities for professional develop- to carry out this part such sums as may be ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds ment for teachers of physical education to necessary for each of fiscal years 2016 made available under this section shall be stay abreast of the latest research, issues, through 2021.’’. used to supplement, and not supplant, other and trends in the field of physical education. SEC. 4006. FAMILY ENGAGEMENT IN EDUCATION Federal, State, or local funds used for pro- ‘‘(c) SPECIAL RULE.—For purposes of this PROGRAMS. viding school-based counseling and mental part, extracurricular activities, such as team Title IV (20 U.S.C. 7101 et seq.), as amended health services to students. sports and Reserve Officers’ Training Corps by sections 4001, 4004, and 4005, is further ‘‘(g) DEFINITIONS.—In this section: program activities, shall not be considered amended by adding at the end the following: ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible as part of the curriculum of a physical edu- ‘‘PART E—FAMILY ENGAGEMENT IN entity’ means— cation program assisted under this part. EDUCATION PROGRAMS ‘‘(A) a local educational agency; ‘‘SEC. 4403. APPLICATIONS. ‘‘SEC. 4501. PURPOSES. ‘‘(B) an educational service agency serving ‘‘(a) SUBMISSION.—Each local educational ‘‘The purposes of this part are the fol- more than 1 local educational agency; or agency or community-based organization de- lowing: ‘‘(C) a consortium of local educational siring a grant or contract under this part ‘‘(1) To provide financial support to organi- agencies. shall submit to the Secretary an application zations to provide technical assistance and ‘‘(2) SCHOOL-BASED MENTAL HEALTH SERV- that contains a plan to initiate, expand, or training to State and local educational agen- ICES PROVIDER.—The term ‘school-based men- improve physical education programs in cies in the implementation and enhancement tal health services provider’ has the meaning order to make progress toward meeting of systemic and effective family engagement given the term in section 4102. State standards for physical education. policies, programs, and activities that lead ‘‘(3) SCHOOL COUNSELOR.—The term ‘school ‘‘(b) PRIVATE SCHOOL AND HOME-SCHOOLED to improvements in student development and counselor’ means an individual who meets STUDENTS.—An application for a grant or academic achievement. the criteria for licensure or certification as a contract under this part may provide for the ‘‘(2) To assist State educational agencies, school counselor in the State where the indi- participation, in the activities funded under local educational agencies, community-based vidual is employed. this part, of— organizations, schools, and educators in ‘‘(4) SCHOOL PSYCHOLOGIST.—The term ‘‘(1) students enrolled in private nonprofit strengthening partnerships among parents, ‘school psychologist’ means an individual elementary schools or secondary schools, teachers, school leaders, administrators, and who is licensed or certified in school psy- and their parents and teachers; or other school personnel in meeting the edu- chology by the State in which the individual ‘‘(2) home-schooled students, and their par- cational needs of children and fostering is employed. ents and teachers. greater parental engagement. ‘‘(5) SCHOOL SOCIAL WORKER.—The term ‘‘SEC. 4404. REQUIREMENTS. ‘‘(3) To support State educational agencies, ‘school social worker’ means an individual ‘‘(a) ANNUAL REPORT TO THE SECRETARY.— local educational agencies, schools, edu- who is licensed or certified as a school social In order to continue receiving funding after cators, and parents in developing and worker for the State in which the individual the first year of a multiyear grant or con- strengthening the relationship between par- is employed. tract under this part, the administrator of ents and their children’s school in order to ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— the grant or contract for the local edu- further the developmental progress of chil- There are authorized to be appropriated to cational agency or community-based organi- dren. carry out this section such sums as may be zation shall submit to the Secretary an an- ‘‘(4) To coordinate activities funded under necessary for each of fiscal years 2016 nual report that— this subpart with parent involvement initia- through 2021.’’. ‘‘(1) describes the activities conducted dur- tives funded under section 1115 and other SEC. 4005. PHYSICAL EDUCATION PROGRAM. ing the preceding year; and provisions of this Act. Title IV (20 U.S.C. 7101 et seq.), as amended ‘‘(2) demonstrates that progress has been ‘‘(5) To assist the Secretary, State edu- by sections 4001 and 4004, is further amended made toward meeting State standards for cational agencies, and local educational by adding at the end the following: physical education. agencies in the coordination and integration ‘‘PART D—PHYSICAL EDUCATION ‘‘(b) ADMINISTRATIVE EXPENSES.—Not more of Federal, State, and local services and pro- PROGRAM than 5 percent of the funds made available grams to engage families in education. ‘‘SEC. 4401. PURPOSE. under this part to a local educational agency ‘‘SEC. 4502. GRANTS AUTHORIZED. ‘‘The purpose of this part is to award or community-based organization for any fis- ‘‘(a) STATEWIDE FAMILY ENGAGEMENT CEN- grants and contracts to initiate, expand, and cal year may be used for administrative ex- TERS.—From the amount appropriated under improve physical education programs for all penses. section 4506, the Secretary is authorized to students in kindergarten through grade 12. ‘‘SEC. 4405. ADMINISTRATIVE PROVISIONS. award grants for each fiscal year to state- wide organizations (or consortia of such or- ‘‘SEC. 4402. PROGRAM AUTHORIZED. ‘‘(a) FEDERAL SHARE.—The Federal share ganizations), to establish Statewide Family ‘‘(a) AUTHORIZATION.—From amounts made under this part may not exceed— Engagement Centers that provide com- available to carry out this part, the Sec- ‘‘(1) 90 percent of the total cost of a pro- prehensive training and technical assistance retary is authorized to award grants or con- gram for the first year for which the pro- to State educational agencies, local edu- tracts to local educational agencies and gram receives assistance under this part; and cational agencies, schools identified by State community-based organizations to pay the ‘‘(2) 75 percent of such cost for the second educational agencies and local educational Federal share of the costs of initiating, ex- and each subsequent such year. agencies, organizations that support family- panding, and improving physical education ‘‘(b) PROPORTIONALITY.—To the extent school partnerships, and other organizations programs (including after-school programs) practicable, the Secretary shall ensure that that carry out, or carry out directly, parent for students in kindergarten through grade grants awarded under this part are equitably education and family engagement in edu- 12, by— distributed among local educational agen- cation programs. ‘‘(1) providing materials and support to en- cies, and community-based organizations, ‘‘(b) MINIMUM AWARD.—In awarding grants able students to participate actively in phys- serving urban and rural areas. under this section, the Secretary shall, to ical education activities; and ‘‘(c) REPORT TO CONGRESS.—Not later than the extent practicable, ensure that a grant is ‘‘(2) providing funds for staff and teacher June 1, 2017, the Secretary shall submit a re- awarded for a Statewide Family Engagement training and education relating to physical port to Congress that— Center in an amount not less than $500,000. education. ‘‘(1) describes the programs assisted under ‘‘SEC. 4503. APPLICATIONS. ‘‘(b) PROGRAM ELEMENTS.—A physical edu- this part; ‘‘(a) SUBMISSIONS.—Each statewide organi- cation program that receives assistance ‘‘(2) documents the success of such pro- zation, or a consortium of such organiza- under this part may provide for 1 or more of grams in improving physical fitness; and tions, that desires a grant under this subpart the following: ‘‘(3) makes such recommendations as the shall submit an application to the Secretary ‘‘(1) Fitness education and assessment to Secretary determines appropriate for the at such time, in such manner, and including help students understand, improve, or main- continuation and improvement of the pro- the information described in subsection (b). tain their physical well-being. grams assisted under this part. ‘‘(b) CONTENTS.—Each application sub- ‘‘(2) Instruction in a variety of motor skills ‘‘(d) AVAILABILITY OF FUNDS.—Amounts mitted under subsection (a) shall include, at and physical activities designed to enhance made available to the Secretary to carry out a minimum, the following:

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00203 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.039 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5382 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(1) A description of the applicant’s ap- that support family members in supporting ‘‘(2) working with another agency that proach to family engagement in education. student academic achievement; serves children. ‘‘(2) A description of the support that the ‘‘(I) work with State educational agencies, ‘‘(e) PARENTAL RIGHTS.—Notwithstanding Statewide Family Engagement Center that local educational agencies, schools, edu- any other provision of this section— will be operated by the applicant will have cators, and parents to determine parental ‘‘(1) no person (including a parent who edu- from the State educational agency and any needs and the best means for delivery of cates a child at home, a public school parent, partner organization outlining the commit- services to address such needs; or a private school parent) shall be required ment to work with the center. ‘‘(J) conduct sufficient outreach to assist to participate in any program of parent edu- ‘‘(3) A description of the applicant’s plan parents, including parents who the applicant cation or developmental screening under this for building a statewide infrastructure for may have a difficult time engaging with a section; and family engagement in education, that in- school or local educational agency; and ‘‘(2) no program or center assisted under cludes— ‘‘(K) conduct outreach to low-income stu- this section shall take any action that in- ‘‘(A) management and governance; dents and parents, including low-income stu- fringes in any manner on the right of parents ‘‘(B) statewide leadership; or dents and parents who are not proficient in to direct the education of their children. ‘‘(C) systemic services for family engage- English. ‘‘SEC. 4505. FAMILY ENGAGEMENT IN INDIAN ment in education. ‘‘SEC. 4504. USES OF FUNDS. SCHOOLS. ‘‘(4) A description of the applicant’s dem- ‘‘(a) IN GENERAL.—Grantees shall use grant ‘‘The Secretary of the Interior, in con- onstrated experience in providing training, funds received under this part, based on the sultation with the Secretary of Education, information, and support to State edu- needs determined under section 4503, to pro- shall establish, or enter into contracts and cational agencies, local educational agen- vide training and technical assistance to cooperative agreements with local tribes, cies, schools, educators, parents, and organi- State educational agencies, local edu- tribal organizations, or Indian nonprofit par- zations on family engagement in education cational agencies, and organizations that ent organizations to establish and operate policies and practices that are effective for support family-school partnerships, and ac- Family Engagement Centers. parents (including low-income parents) and tivities, services, and training for local edu- ‘‘SEC. 4506. AUTHORIZATION OF APPROPRIA- families, English learners, minorities, par- cational agencies, school leaders, educators, TIONS. ents of students with disabilities, parents of and parents— ‘‘There are authorized to be appropriated homeless students, foster parents and stu- ‘‘(1) to assist parents in participating effec- to carry out this part such sums as may be dents, and parents of migratory students, in- tively in their children’s education and to necessary for fiscal years 2016 through cluding evaluation results, reporting, or help their children meet State standards, 2021.’’.’’ such as assisting parents— other data exhibiting such demonstrated ex- TITLE V—EMPOWERING PARENTS AND EX- perience. ‘‘(A) to engage in activities that will im- prove student academic achievement, includ- PANDING OPPORTUNITY THROUGH IN- ‘‘(5) A description of the steps the appli- NOVATION cant will take to target services to low-in- ing understanding how they can support SEC. 5001. GENERAL PROVISIONS. come students and parents. learning in the classroom with activities at Title V (20 U.S.C. 7201 et seq.) is amended— ‘‘(6) An assurance that the applicant will— home and in afterschool and extracurricular (1) by striking the title heading and insert- ‘‘(A) establish a special advisory com- programs; ing ‘‘ mittee, the membership of which includes— ‘‘(B) to communicate effectively with their EMPOWERING PARENTS AND EX- ‘‘(i) parents, who shall constitute a major- children, teachers, school leaders, coun- PANDING OPPORTUNITY THROUGH INNO- ’’; ity of the members of the special advisory selors, administrators, and other school per- VATION (2) by striking part A; committee; sonnel; (3) by striking subparts 2 and 3 of part B; ‘‘(ii) representatives of education profes- ‘‘(C) to become active participants in the (4) by striking part D; sionals with expertise in improving services development, implementation, and review of (5) by redesignating parts B and C as parts for disadvantaged children; school-parent compacts, family engagement A and B, respectively; ‘‘(iii) representatives of local elementary in education policies, and school planning (6) in part A, as redesignated by paragraph schools and secondary schools, including stu- and improvement; (5), by striking ‘‘ dents; ‘‘(D) to participate in the design and provi- Subpart 1—Charter School ’’; ‘‘(iv) representatives of the business com- sion of assistance to students who are not Programs (7) by redesignating sections 5201 through munity; and making academic progress; 5211 as sections 5101 through 5111, respec- ‘‘(v) representatives of State educational ‘‘(E) to participate in State and local deci- tively; agencies and local educational agencies; sionmaking; (8) by redesignating sections 5301 through ‘‘(B) use not less than 65 percent of the ‘‘(F) to train other parents; and 5307 as sections 5201 through 5207, respec- funds received under this part in each fiscal ‘‘(G) to help the parents learn and use tively; year to serve local educational agencies, technology applied in their children’s edu- (9) by striking sections 5308 and 5310; and schools, and community-based organizations cation; (10) by redesignating sections 5309 and 5311 that serve high concentrations of disadvan- ‘‘(2) to develop and implement, in partner- as sections 5208 and 5209, respectively. taged students, including English learners, ship with the State educational agency, minorities, parents of students with disabil- statewide family engagement in education SEC. 5002. PUBLIC CHARTER SCHOOLS. ities, parents of homeless students, foster policy and systemic initiatives that will pro- Part A of title V (20 U.S.C. 7221 et seq.), as parents and students, and parents of migra- vide for a continuum of services to remove redesignated by section 5001(5), is amended— tory students; barriers for family engagement in education (1) by striking sections 5101 through 5105, ‘‘(C) operate a Statewide Family Engage- and support school reform efforts; and as redesignated by section 5001(7), and insert- ment Center of sufficient size, scope, and ‘‘(3) to develop and implement parental in- ing the following: quality to ensure that the Center is adequate volvement policies under this Act. ‘‘SEC. 5101. PURPOSE. ‘‘(b) MATCHING FUNDS FOR GRANT RE- to serve the State educational agency, local ‘‘It is the purpose of this part to— NEWAL.—For each fiscal year after the first educational agencies, and community-based fiscal year for which an organization or con- ‘‘(1) provide financial assistance for the organizations; sortium receives assistance under this sec- planning, program design, and initial imple- ‘‘(D) ensure that the Statewide Family En- tion, the organization or consortium shall mentation of charter schools; gagement Center will retain staff with the demonstrate in the application that a por- ‘‘(2) increase the number of high-quality requisite training and experience to serve tion of the services provided by the organiza- charter schools available to students across parents in the State; tion or consortium is supported through non- the United States; ‘‘(E) serve urban, suburban, and rural local Federal contributions, which may be in cash ‘‘(3) evaluate the impact of such schools on educational agencies and schools; or in-kind. student achievement, families, and commu- ‘‘(F) work with— ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- nities, and share best practices among char- ‘‘(i) other Statewide Family Engagement retary shall reserve not more than 2 percent ter schools and other public schools; Centers assisted under this subpart; and of the funds appropriated under section 4506 ‘‘(4) encourage States to provide support to ‘‘(ii) parent training and information cen- to carry out this part to provide technical charter schools for facilities financing in an ters and community parent resource centers assistance, by competitive grant or contract, amount more nearly commensurate to the assisted under sections 671 and 672 of the In- for the establishment, development, and co- amount the States have typically provided dividuals with Disabilities Education Act; ordination of Statewide Family Engagement for traditional public schools; ‘‘(G) use not less than 30 percent of the Centers. ‘‘(5) expand opportunities for children with funds received under this part for each fiscal ‘‘(d) RULE OF CONSTRUCTION.—Nothing in disabilities, students who are English learn- year to establish or expand technical assist- this section shall be construed to prohibit a ers, and other traditionally underserved stu- ance for evidence-based parent education Statewide Family Engagement Center dents to attend charter schools and meet the programs; from— challenging State academic standards under ‘‘(H) provide assistance to State edu- ‘‘(1) having its employees or agents meet section 1111(b)(1); and cational agencies and local educational with a parent at a site that is not on school ‘‘(6) support efforts to strengthen the char- agencies and community-based organizations grounds; or ter school authorizing process to improve

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performance management, including trans- paragraphs (A) through (C) of subsection ‘‘(1) GRANTS.—A State entity may not re- parency, monitoring, including financial au- (b)(1); ceive more than 1 grant under this section at dits, and evaluation of such schools. ‘‘(B) reserve not less than 7 percent of such a time. ‘‘SEC. 5102. PROGRAM AUTHORIZED. funds to carry out the activities described in ‘‘(2) SUBGRANTS.—An eligible applicant ‘‘(a) IN GENERAL.—The Secretary is author- subsection (b)(2); and may not receive more than 1 subgrant under ized to carry out a charter school program ‘‘(C) reserve not more than 3 percent of this section for each individual charter that supports charter schools that serve such funds for administrative costs, which school for each grant period or renewal pe- early childhood, elementary school, and sec- may include the administrative costs of pro- riod, unless the eligible applicant dem- ondary school students by— viding technical assistance. onstrates to the State entity that such indi- ‘‘(1) supporting the startup of charter ‘‘(2) CONTRACTS AND GRANTS.—A State enti- vidual charter school has demonstrated a schools, the replication of high-quality char- ty may use a grant received under this sec- strong track record of positive results over ter schools, and the expansion of high-qual- tion to carry out the activities described in the course of the grant period regarding the ity charter schools; paragraph (1)(B) directly or through grants, elements described in subparagraphs (A) and ‘‘(2) assisting charter schools in accessing contracts, or cooperative agreements. (D) of section 5110(8). ‘‘(3) RULES OF CONSTRUCTION.— credit to acquire and renovate facilities for ‘‘(f) APPLICATIONS.—A State entity desiring school use; and ‘‘(A) USE OF LOTTERY MECHANISMS.—Noth- to receive a grant under this section shall ‘‘(3) carrying out national activities to ing in this Act shall prohibit the Secretary submit an application to the Secretary at support— from awarding grants to State entities, or ‘‘(A) the startup of charter schools, the State entities from awarding subgrants to el- such time and in such manner as the Sec- replication of high-quality charter schools, igible applicants, that use a weighted lot- retary may require. The application shall in- and the expansion of high-quality charter tery, or an equivalent lottery mechanism, to clude the following: schools; give better chances for school admission to ‘‘(1) DESCRIPTION OF PROGRAM.—A descrip- ‘‘(B) the dissemination of best practices of all or a subset of educationally disadvan- tion of the State entity’s objectives in run- charter schools for all schools; taged students if— ning a quality charter school program under ‘‘(C) the evaluation of the impact of the ‘‘(i) the use of a weighted lottery in favor this section and how the objectives of the charter school program under this part on of such students is not prohibited by State program will be carried out, including— schools participating in such program; and law, and such State law is consistent with ‘‘(A) a description of how the State entity ‘‘(D) stronger charter school authorizing. the laws described in section 5110(2)(G); and will— ‘‘(b) FUNDING ALLOTMENT.—From the ‘‘(ii) such weighted lottery is not used for ‘‘(i) support the opening of new charter amount made available under section 5111 for the purpose of creating schools exclusively schools and, if applicable, the replication of a fiscal year, the Secretary shall— to serve a particular subset of students. high-quality charter schools and the expan- ‘‘(1) reserve 12.5 percent to support charter ‘‘(B) STUDENTS WITH SPECIAL NEEDS.—Noth- sion of high-quality charter schools, includ- school facilities assistance under section ing in this paragraph shall be construed to ing the proposed number of charter schools 5104; prohibit schools from specializing in pro- to be opened, replicated, or expanded under ‘‘(2) reserve not less than 25 percent to viding specific services for students with a the State entity’s program; carry out national activities under section demonstrated need for such services, such as ‘‘(ii) inform eligible charter schools, devel- 5105; and students who need specialized instruction in opers, and authorized public chartering agen- ‘‘(3) use the remaining amount after the reading, spelling, or writing. cies of the availability of funds under the reservations under paragraphs (1) and (2) to ‘‘(d) PROGRAM PERIODS; PEER REVIEW; DIS- program; carry out section 5103. TRIBUTION OF SUBGRANTS; WAIVERS.— ‘‘(iii) work with eligible applicants to en- ‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The ‘‘(1) PROGRAM PERIODS.— sure that the eligible applicants access all recipient of a grant or subgrant under this ‘‘(A) GRANTS.—A grant awarded by the Sec- Federal funds that such applicants are eligi- part (as such part was in effect on the day retary to a State entity under this section ble to receive, and help the charter schools before the date of enactment of the Every shall be for a period of not more than 3 supported by the applicants and the students Child Achieves Act of 2015) shall continue to years, and may be renewed by the Secretary attending those charter schools— receive funds in accordance with the terms for one additional 2-year period. ‘‘(I) participate in the Federal programs in and conditions of such grant or subgrant. ‘‘(B) SUBGRANTS.—A subgrant awarded by a which the schools and students are eligible ‘‘SEC. 5103. GRANTS TO SUPPORT HIGH-QUALITY State entity under this section— to participate; and CHARTER SCHOOLS. ‘‘(i) shall be for a period of not more than ‘‘(II) receive the commensurate share of ‘‘(a) STATE ENTITY DEFINED.—For purposes 3 years, of which an eligible applicant may Federal funds the schools and students are of this section, the term ‘State entity’ use not more than 18 months for planning eligible to receive under such programs; means— and program design; and ‘‘(iv) in the case of a State entity that is ‘‘(1) a State educational agency; ‘‘(ii) may be renewed by the State entity not a State educational agency— ‘‘(2) a State charter school board; for one additional 2-year period. ‘‘(I) work with the State educational agen- ‘‘(3) a Governor of a State; or ‘‘(2) PEER REVIEW.—The Secretary, and cy and the charter schools in the State to ‘‘(4) a charter school support organization. each State entity awarding subgrants under maximize charter school participation in ‘‘(b) PROGRAM AUTHORIZED.—From the this section, shall use a peer-review process Federal and State programs for charter amount available under section 5102(b)(3), to review applications for assistance under schools; and the Secretary shall award, on a competitive this section. ‘‘(II) work with the State educational basis, grants to State entities having appli- ‘‘(3) DISTRIBUTION OF SUBGRANTS.—Each agency to operate the State entity’s program cations approved under subsection (f) to en- State entity awarding subgrants under this under this section, if applicable; able such entities to— section shall award subgrants in a manner ‘‘(v) ensure that each eligible applicant ‘‘(1) award subgrants to eligible applicants that, to the extent practicable and applica- that receives a subgrant under the State en- to enable such eligible applicants to— ble, ensures that such subgrants— tity’s program— ‘‘(A) open new charter schools; ‘‘(A) prioritize eligible applicants that plan ‘‘(I) is opening or expanding schools that ‘‘(B) replicate high-quality charter school to serve a significant number of students meet the definition of a charter school under models; or from low-income families; section 5110; and ‘‘(C) expand high-quality charter schools; ‘‘(B) are distributed throughout different ‘‘(II) is prepared to continue to operate and areas, including urban, suburban, and rural such charter schools once the subgrant funds ‘‘(2) provide technical assistance to eligible areas; and under this section are no longer available; applicants and authorized public chartering ‘‘(C) will assist charter schools rep- ‘‘(vi) support charter schools in local edu- agencies in carrying out the activities de- resenting a variety of educational ap- cational agencies with schools that have scribed in paragraph (1), and work with au- proaches. been identified by the State under section thorized public chartering agencies in the ‘‘(4) WAIVERS.—The Secretary may waive 1114(a)(1)(A); State to improve authorizing quality, includ- any statutory or regulatory requirement ‘‘(vii) work with charter schools to pro- ing developing capacity for, and conducting, over which the Secretary exercises adminis- mote inclusion of all students and support fiscal oversight and auditing of charter trative authority under this Act with respect all students upon enrollment in order to pro- schools. to charter schools supported under this part, mote retention of students in the school; ‘‘(c) STATE ENTITY USES OF FUNDS.— except any such requirement relating to the ‘‘(viii) work with charter schools on re- ‘‘(1) IN GENERAL.—A State entity receiving elements of a charter school described in sec- cruitment practices, including efforts to en- a grant under this section shall— tion 5110(2), if— gage groups that may otherwise have limited ‘‘(A) use not less than 90 percent of the ‘‘(A) the waiver is requested in an approved opportunities to attend charter schools; grant funds to award subgrants to eligible application under this section; and ‘‘(ix) share best and promising practices applicants, in accordance with the quality ‘‘(B) the Secretary determines that grant- among charter schools and other public charter school program described in the ing such waiver will promote the purpose of schools; State entity’s application pursuant to sub- this part. ‘‘(x) ensure that charter schools receiving section (f), for the purposes described in sub- ‘‘(e) LIMITATIONS.— funds under the State entity’s program meet

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the educational needs of their students, in- ‘‘(E) in the case of a State entity that part- ‘‘(B) STATE AND LOCAL RULES.—A descrip- cluding children with disabilities and stu- ners with an outside organization to carry tion of any State or local rules, generally ap- dents who are English learners; and out the entity’s quality charter school pro- plicable to public schools, that will be ‘‘(xi) support efforts to increase charter gram, in whole or in part, a description of waived, or otherwise not apply, to such school quality initiatives, including meeting the roles and responsibilities of the partner; schools or, in the case of a State entity de- the quality authorizing elements described ‘‘(F) a description of how the State entity fined in subsection (a)(4), a description of in paragraph (2)(D); will help the charter schools receiving funds how the State entity will work with the ‘‘(B) a description of how the State will under the State entity’s program address the State to request necessary waivers, if appli- monitor and hold authorized public char- transportation needs of the schools’ stu- cable. tering agencies accountable to ensure high- dents; and ‘‘(g) SELECTION CRITERIA; PRIORITY.— quality authorizing activity, such as by es- ‘‘(G) a description of how the State in ‘‘(1) SELECTION CRITERIA.—The Secretary tablishing authorizing standards and by ap- which the State entity is located addresses shall award grants to State entities under proving, reapproving, and revoking the au- charter schools in the State’s open meetings this section on the basis of the quality of the thority of an authorized public chartering and open records laws. applications submitted under subsection (f), agency based on the performance of the char- ‘‘(2) ASSURANCES.—Assurances that— after taking into consideration— ‘‘(A) each charter school receiving funds ter schools authorized by such agency in the ‘‘(A) the degree of flexibility afforded by areas of student achievement, student safe- through the State entity’s program will have the State’s public charter school law and ty, financial and operational management, a high degree of autonomy over budget and how the State entity will work to maximize and compliance with all applicable statutes, operations, including autonomy over per- the flexibility provided to charter schools except that nothing in this subparagraph sonnel decisions; under such law; shall be construed to require a State to alter ‘‘(B) the State entity will support charter ‘‘(B) the proposed number of new charter State law, policies, or procedures regarding schools in meeting the educational needs of schools to be opened, and, if applicable, the State practices for holding accountable au- their students, as described in paragraph number of high-quality charter schools to be thorized public chartering agencies; (1)(A)(x); replicated or expanded under the program, ‘‘(C) a description of the extent to which ‘‘(C) the State entity will ensure that the and the number of new students to be served the State entity— authorized public chartering agency of any ‘‘(i) is able to meet and carry out the prior- charter school that receives funds under the by such schools; ities described in subsection (g)(2); entity’s program— ‘‘(C) the likelihood that the schools ‘‘(ii) is working to develop or strengthen a ‘‘(i) ensures that the charter school under opened, replicated, or expanded by eligible cohesive statewide system to support the the authority of such agency is meeting the applicants receiving subgrant funds will in- opening of new charter schools and, if appli- requirements of this Act, part B of the Indi- crease the academic achievement of the cable, the replication of high-quality charter viduals with Disabilities Education Act, title school’s students and progress toward be- schools, and the expansion of high-quality VI of the Civil Rights Act of 1964, and section coming high-quality charter schools; charter schools; and 504 of the Rehabilitation Act of 1973; and ‘‘(D) the quality of the State entity’s plan ‘‘(iii) will solicit and consider input from ‘‘(ii) adequately monitors and provides to— parents and other members of the commu- adequate technical assistance to each char- ‘‘(i) monitor the eligible applicants receiv- nity on the implementation and operation of ter school under the authority of such agen- ing subgrants under the State entity’s pro- each charter school receiving funds under cy in recruiting, enrolling, retaining, and gram; and the State entity’s charter school program meeting the needs of all students, including ‘‘(ii) provide technical assistance and sup- under this section; children with disabilities and students who port for— ‘‘(D) a description of how the State entity are English learners; ‘‘(I) the eligible applicants receiving sub- will award subgrants, on a competitive basis, ‘‘(D) the State entity will promote quality grants under the State entity’s program; and including— authorizing, consistent with State law, such ‘‘(II) quality authorizing efforts in the ‘‘(i) a description of the application each as through providing technical assistance to State; and eligible applicant desiring to receive a support each authorized public chartering ‘‘(E) the State entity’s plan to solicit and subgrant will be required to submit, which agency in the State to improve such agen- consider input from parents and other mem- application shall include— cy’s ability to monitor the charter schools bers of the community on the implementa- ‘‘(I) a description of the roles and respon- authorized by the agency, including by— tion and operation of the charter schools in sibilities of eligible applicants, and of any ‘‘(i) using annual performance data, which the State. charter management organizations or other may include graduation rates and student ‘‘(2) PRIORITY.—In awarding grants under organizations with which the eligible appli- academic growth data, as appropriate, to this section, the Secretary shall give pri- cant will partner to open charter schools, in- measure a school’s progress toward becoming ority to a State entity to the extent that the cluding the administrative and contractual a high-quality charter school; entity meets the following criteria: roles and responsibilities of such partners; ‘‘(ii) reviewing the schools’ independent, ‘‘(A) The State entity is located in a State ‘‘(II) a description of the quality controls annual audits of financial statements con- that— agreed to between the eligible applicant and ducted in accordance with generally accept- ‘‘(i) allows at least one entity that is not the authorized public chartering agency in- ed accounting principles, and ensuring that the local educational agency to be an au- volved, such as a contract or performance any such audits are publically reported; and thorized public chartering agency for each agreement, financial audits to ensure ade- ‘‘(iii) holding charter schools accountable developer seeking to open a charter school in quate fiscal oversight, how a school’s per- to the academic, financial, and operational the State; or formance on the State’s accountability sys- quality controls agreed to between the char- ‘‘(ii) in the case of a State in which local tem and impact on student achievement ter school and the authorized public char- educational agencies are the only authorized (which may include student academic tering agency involved, such as through re- public chartering agencies, the State has an growth) will be one of the most important newal, non-renewal, or revocation of the appeals process for the denial of an applica- factors for renewal or revocation of the school’s charter; and tion for a charter school. school’s charter, and procedures to be fol- ‘‘(E) the State entity will ensure that each ‘‘(B) The State entity is located in a State lowed in the case of the closure or dissolu- charter school in the State makes publicly that ensures that charter schools receive eq- tion of a charter school; available, consistent with the dissemination uitable financing, as compared to traditional ‘‘(III) a description of how the autonomy requirements of the annual State report public schools, in a prompt manner. and flexibility granted to a charter school is card, including on the website of the school, ‘‘(C) The State entity is located in a State consistent with the definition of a charter information to help parents make informed that provides charter schools one or more of school in section 5110; decisions about the education options avail- the following: ‘‘(IV) a description of the eligible appli- able to their children, including information ‘‘(i) Funding for facilities. cant’s planned activities and expenditures of on the educational program, student support ‘‘(ii) Assistance with facilities acquisition. subgrant funds for purposes of opening a new services, parent contract requirements (as ‘‘(iii) Access to public facilities. charter school, replicating a high-quality applicable), including any financial obliga- ‘‘(iv) The ability to share in bonds or mill charter school, or expanding a high-quality tions or fees, enrollment criteria (as applica- levies. charter school, and how the eligible appli- ble), and annual performance and enrollment ‘‘(v) The right of first refusal to purchase cant will maintain fiscal sustainability after data for each of the categories of students, public school buildings. the end of the subgrant period; and as defined in section 1111(b)(3)(A). ‘‘(vi) Low- or no-cost leasing privileges. ‘‘(V) a description of how the eligible appli- ‘‘(3) REQUESTS FOR WAIVERS.— ‘‘(D) The State entity is located in a State cant will ensure that each charter school the ‘‘(A) FEDERAL STATUTE AND REGULATION.— that uses best practices from charter schools eligible applicant operates will engage par- A request and justification for waivers of to help improve struggling schools and local ents as partners in the education of their any Federal statutory or regulatory provi- educational agencies. children; and sions that the State entity believes are nec- ‘‘(E) The State entity supports charter ‘‘(ii) a description of how the State entity essary for the successful operation of the schools that support at-risk students will review applications from eligible appli- charter schools that will receive funds under through activities such as dropout preven- cants; the entity’s program under this section. tion or dropout recovery.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00206 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.039 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5385 ‘‘(F) The State entity ensures that each section (d) to demonstrate innovative meth- ‘‘(3) The predevelopment costs that are re- charter school has a high degree of auton- ods of helping charter schools to address the quired to assess sites for purposes of para- omy over the charter school’s budget and op- cost of acquiring, constructing, and ren- graph (1) or (2) and that are necessary to erations, including autonomy over personnel ovating facilities by enhancing the avail- commence or continue the operation of a decisions. ability of loans or bond financing. charter school. ‘‘(G) The State entity has taken steps to ‘‘(2) ELIGIBLE ENTITY DEFINED.—For the ‘‘(f) RESERVE ACCOUNT.— ensure that all authorizing public chartering purposes of this section, the term ‘eligible ‘‘(1) USE OF FUNDS.—To assist charter agencies implement best practices for char- entity’ means— schools in accomplishing the objectives de- ter school authorizing. ‘‘(A) a public entity, such as a State or scribed in subsection (e), an eligible entity ‘‘(h) LOCAL USES OF FUNDS.—An eligible local governmental entity; receiving a grant under subsection (a) shall, applicant receiving a subgrant under this ‘‘(B) a private nonprofit entity; or in accordance with State and local law, di- section shall use such funds to carry out ac- ‘‘(C) a consortium of entities described in rectly or indirectly, alone or in collabora- tivities related to opening a new charter subparagraphs (A) and (B). tion with others, deposit the funds received school, replicating a high-quality charter ‘‘(b) GRANTEE SELECTION.—The Secretary under subsection (a) (other than funds used school, or expanding a high-quality charter shall evaluate each application submitted for administrative costs in accordance with school, which may include— under subsection (d), and shall determine subsection (g)) in a reserve account estab- ‘‘(1) supporting the acquisition, expansion, whether the application is sufficient to lished and maintained by the eligible entity or preparation of a charter school building to merit approval. for this purpose. Amounts deposited in such meet increasing enrollment needs, including ‘‘(c) GRANT CHARACTERISTICS.—Grants account shall be used by the eligible entity financing the development of a new building under subsection (a) shall be of sufficient for one or more of the following purposes: and ensuring that a school building complies size, scope, and quality so as to ensure an ef- ‘‘(A) Guaranteeing, insuring, and rein- fective demonstration of an innovative with applicable statutes and regulations; suring bonds, notes, evidences of debt, loans, means of enhancing credit for the financing ‘‘(2) paying costs associated with hiring ad- and interests therein, the proceeds of which of charter school acquisition, construction, ditional teachers to serve additional stu- are used for an objective described in sub- or renovation. dents; ‘‘(d) APPLICATIONS.— section (e). ‘‘(3) providing transportation to students ‘‘(1) IN GENERAL.—An eligible entity desir- ‘‘(B) Guaranteeing and insuring leases of to and from the charter school; ing to receive a grant under this section personal and real property for an objective ‘‘(4) providing instructional materials, im- shall submit an application to the Secretary described in such subsection. plementing teacher and principal or other in such form as the Secretary may reason- ‘‘(C) Facilitating financing by identifying school leader professional development pro- ably require. potential lending sources, encouraging pri- grams, and hiring additional nonteaching ‘‘(2) CONTENTS.—An application submitted vate lending, and other similar activities staff; under paragraph (1) shall contain— that directly promote lending to, or for the ‘‘(5) supporting any necessary activities ‘‘(A) a statement identifying the activities benefit of, charter schools. that assist the charter school in carrying out that the eligible entity proposes to carry out ‘‘(D) Facilitating the issuance of bonds by this section, such as preparing individuals to with funds received under subsection (a), in- charter schools, or by other public entities serve as members of the charter school’s cluding how the eligible entity will deter- for the benefit of charter schools, by pro- board; and mine which charter schools will receive as- viding technical, administrative, and other ‘‘(6) providing early childhood education sistance, and how much and what types of appropriate assistance (including the re- programs for children, including direct sup- assistance charter schools will receive; cruitment of bond counsel, underwriters, and port to, and coordination with, school- or ‘‘(B) a description of the involvement of potential investors and the consolidation of community-based early childhood education charter schools in the application’s develop- multiple charter school projects within a programs. ment and the design of the proposed activi- single bond issue). ‘‘(i) REPORTING REQUIREMENTS.—Each ties; ‘‘(2) INVESTMENT.—Funds received under State entity receiving a grant under this sec- ‘‘(C) a description of the eligible entity’s this section and deposited in the reserve ac- tion shall submit to the Secretary, at the expertise in capital market financing; count established under paragraph (1) shall end of the third year of the grant period and ‘‘(D) a description of how the proposed ac- be invested in obligations issued or guaran- at the end of any renewal period, a report tivities will leverage the maximum amount teed by the United States or a State, or in that includes the following: of private-sector financing capital relative other similarly low-risk securities. ‘‘(1) The number of students served by each to the amount of government funding used ‘‘(3) REINVESTMENT OF EARNINGS.—Any subgrant awarded under this section and, if and otherwise enhance credit available to earnings on funds received under subsection applicable, the number of new students charter schools, including how the entity (a) shall be deposited in the reserve account served during each year of the grant period. will offer a combination of rates and terms established under paragraph (1) and used in ‘‘(2) The number and amount of subgrants more favorable than the rates and terms accordance with this subsection. awarded under this section to carry out each that a charter school could receive without ‘‘(g) LIMITATION ON ADMINISTRATIVE of the following: assistance from the entity under this sec- COSTS.—An eligible entity may use not more ‘‘(A) The opening of new charter schools. tion; than 2.5 percent of the funds received under ‘‘(B) The replication of high-quality char- ‘‘(E) a description of how the eligible enti- subsection (a) for the administrative costs of ter schools. ty possesses sufficient expertise in education carrying out its responsibilities under this ‘‘(C) The expansion of high-quality charter to evaluate the likelihood of success of a section (excluding subsection (k)). schools. charter school program for which facilities ‘‘(h) AUDITS AND REPORTS.— ‘‘(3) The progress the State entity made to- financing is sought; and ‘‘(1) FINANCIAL RECORD MAINTENANCE AND ward meeting the priorities described in sub- ‘‘(F) in the case of an application sub- AUDIT.—The financial records of each eligible paragraphs (E) through (G) of subsection mitted by a State governmental entity, a de- entity receiving a grant under subsection (a) (g)(2). scription of the actions that the entity has shall be maintained in accordance with gen- ‘‘(4) A description of— taken, or will take, to ensure that charter erally accepted accounting principles and ‘‘(A) how the State entity complied with, schools within the State receive the funding shall be subject to an annual audit by an and ensured that eligible applicants com- that charter schools need to have adequate independent public accountant. plied with, the assurances described in the facilities. ‘‘(2) REPORTS.— State entity’s application; ‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eli- ‘‘(A) GRANTEE ANNUAL REPORTS.—Each eli- ‘‘(B) how the State entity worked with au- gible entity receiving a grant under this sec- gible entity receiving a grant under sub- thorized public chartering agencies, and how tion shall use the funds deposited in the re- section (a) annually shall submit to the Sec- the agencies worked with the management serve account established under subsection retary a report of the entity’s operations and company or leadership of the schools that re- (f) to assist one or more charter schools to activities under this section. ceive subgrant funds, if applicable; and access private-sector capital to accomplish ‘‘(B) CONTENTS.—Each annual report sub- ‘‘(C) how each recipient of a subgrant one or more of the following objectives: mitted under subparagraph (A) shall in- under this section uses the subgrant funds on ‘‘(1) The acquisition (by purchase, lease, clude— early childhood education programs de- donation, or otherwise) of an interest (in- ‘‘(i) a copy of the most recent financial scribed in subsection (h)(6), if such recipient cluding an interest held by a third party for statements, and any accompanying opinion chooses to use such funds on such programs. the benefit of a charter school) in improved on such statements, prepared by the inde- ‘‘SEC. 5104. FACILITIES FINANCING ASSISTANCE. or unimproved real property that is nec- pendent public accountant reviewing the fi- ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— essary to commence or continue the oper- nancial records of the eligible entity; ‘‘(1) IN GENERAL.—From the amount re- ation of a charter school. ‘‘(ii) a copy of any report made on an audit served under section 5102(b)(1), the Secretary ‘‘(2) The construction of new facilities, in- of the financial records of the eligible entity shall use not less than 50 percent to award cluding predevelopment costs, or the renova- that was conducted under paragraph (1) dur- not less than 3 grants, on a competitive tion, repair, or alteration of existing facili- ing the reporting period; basis, to eligible entities that have the high- ties, necessary to commence or continue the ‘‘(iii) an evaluation by the eligible entity est-quality applications approved under sub- operation of a charter school. of the effectiveness of its use of the Federal

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funds provided under subsection (a) in ‘‘(B) PERIOD.—The Secretary shall award ‘‘(B) disseminate best practices regarding leveraging private funds; grants under this subsection for periods of public charter schools; ‘‘(iv) a listing and description of the char- not more than 5 years. ‘‘(C) evaluate the impact of the charter ter schools served during the reporting pe- ‘‘(C) FEDERAL SHARE.—The Federal share of school program carried out under this part, riod, including the amount of funds used by the cost described in subparagraph (A) for a including the impact on student achieve- each school, the type of project facilitated per-pupil facilities aid program shall be not ment; and by the grant, and the type of assistance pro- more than— ‘‘(D) award grants, on a competitive basis, vided to the charter schools; ‘‘(i) 90 percent of the cost, for the first fis- for the purpose of carrying out the activities ‘‘(v) a description of the activities carried cal year for which the program receives as- described in section 5103(h), to eligible appli- out by the eligible entity to assist charter sistance under this subsection; cants that desire to open a charter school, schools in meeting the objectives set forth in ‘‘(ii) 80 percent for the second such year; replicate a high-quality charter school, or subsection (e); and ‘‘(iii) 60 percent for the third such year; expand a high-quality charter school in— ‘‘(vi) a description of the characteristics of ‘‘(iv) 40 percent for the fourth such year; ‘‘(i) a State that did not apply for a grant lenders and other financial institutions par- and under section 5103; or ticipating in the activities carried out by the ‘‘(v) 20 percent for the fifth such year. ‘‘(ii) a State that did not receive a grant eligible entity under this section (excluding ‘‘(D) STATE SHARE.—A State receiving a under section 5103. subsection (k)) during the reporting period. grant under this subsection may partner ‘‘(b) GRANTS FOR THE REPLICATION AND EX- ‘‘(C) SECRETARIAL REPORT.—The Secretary with 1 or more organizations, and such orga- PANSION OF HIGH-QUALITY CHARTER shall review the reports submitted under nizations may provide not more than 50 per- SCHOOLS.—The Secretary shall make grants, subparagraph (A) and shall provide a com- cent of the State share of the cost of estab- on a competitive basis, to eligible entities prehensive annual report to Congress on the lishing or enhancing, and administering, the having applications approved under para- activities conducted under this section (ex- per-pupil facilities aid program. graph (2) to enable such entities to replicate a high-quality charter school or expand a cluding subsection (k)). ‘‘(E) MULTIPLE GRANTS.—A State may re- ceive more than 1 grant under this sub- high-quality charter school. ‘‘(i) NO FULL FAITH AND CREDIT FOR GRANT- section, so long as the amount of such grant ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—For EE OBLIGATION.—No financial obligation of funds provided to charter schools increases purposes of this subsection, the term ‘eligi- an eligible entity entered into pursuant to with each successive grant. ble entity’ means— this section (such as an obligation under a ‘‘(3) USE OF FUNDS.— ‘‘(A) a charter management organization guarantee, bond, note, evidence of debt, or ‘‘(A) IN GENERAL.—A State that receives a that, at the time of the application, operates loan) shall be an obligation of, or guaranteed grant under this subsection shall use the or manages one or more high-quality charter in any respect by, the United States. The full funds made available through the grant to schools; or faith and credit of the United States is not establish or enhance, and administer, a per- ‘‘(B) a nonprofit organization that oversees pledged to the payment of funds that may be pupil facilities aid program for charter and coordinates the activities of a group of required to be paid under any obligation schools in the State of the applicant. such charter management organizations. made by an eligible entity pursuant to any ‘‘(B) EVALUATIONS; TECHNICAL ASSISTANCE; ‘‘(2) APPLICATION REQUIREMENTS.—An eligi- provision of this section. DISSEMINATION.—From the amount made ble entity desiring to receive a grant under this subsection shall submit an application ‘‘(j) RECOVERY OF FUNDS.— available to a State through a grant under to the Secretary at such time and in such ‘‘(1) IN GENERAL.—The Secretary, in ac- this subsection for a fiscal year, the State manner as the Secretary may require. The cordance with chapter 37 of title 31, United may reserve not more than 5 percent to application shall include the following: States Code, shall collect— carry out evaluations, to provide technical ‘‘(A) A description of the eligible entity’s ‘‘(A) all of the funds in a reserve account assistance, and to disseminate information. objectives for implementing a high-quality established by an eligible entity under sub- ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—In ac- charter school program with funding under section (f)(1) if the Secretary determines, not cordance with the method of determination described in section 1117, funds made avail- this subsection, including a description of earlier than 2 years after the date on which the proposed number of high-quality charter the eligible entity first received funds under able under this subsection shall be used to supplement, and not supplant, State and schools to be replicated or expanded with this section (excluding subsection (k)), that funding under this subsection. the eligible entity has failed to make sub- local public funds expended to provide per- pupil facilities aid programs, operations fi- ‘‘(B) A description of the educational pro- stantial progress in carrying out the pur- nancing programs, or other programs, for gram that the eligible entity will implement poses described in subsection (f)(1); or charter schools. in the charter schools that the eligible enti- ‘‘(B) all or a portion of the funds in a re- ‘‘(4) REQUIREMENTS.— ty proposes to replicate or expand, including serve account established by an eligible enti- ‘‘(A) VOLUNTARY PARTICIPATION.—No State information on how the program will enable ty under subsection (f)(1) if the Secretary de- may be required to participate in a program all students to meet the challenging State termines that the eligible entity has perma- carried out under this subsection. academic standards under section 1111(b)(1), nently ceased to use all or a portion of the ‘‘(B) STATE LAW.— the grade levels or ages of students who will funds in such account to accomplish any pur- ‘‘(i) IN GENERAL.—To be eligible to receive be served, and the instructional practices pose described in such subsection. a grant under this subsection, a State shall that will be used. XERCISE OF AUTHORITY.—The Sec- ‘‘(2) E establish or enhance, and administer, a per- ‘‘(C) A multi-year financial and operating retary shall not exercise the authority pro- pupil facilities aid program for charter model for the eligible entity, including a de- vided in paragraph (1) to collect from any el- schools in the State, that— scription of how the operation of the charter igible entity any funds that are being prop- ‘‘(I) is specified in State law; and schools to be replicated or expanded will be erly used to achieve one or more of the pur- ‘‘(II) provides annual financing, on a per- sustained after the grant under this sub- poses described in subsection (f)(1). pupil basis, for charter school facilities. section has ended. ‘‘(3) CONSTRUCTION.—This subsection shall ‘‘(ii) SPECIAL RULE.—A State that is re- ‘‘(D) A description of how the eligible enti- not be construed to impair or affect the au- quired under State law to provide its charter ty will inform all students in the commu- thority of the Secretary to recover funds schools with access to adequate facility nity, including children with disabilities, under part D of the General Education Provi- space may be eligible to receive a grant students who are English learners, and other sions Act. under this subsection if the State agrees to educationally disadvantaged students, about ‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— use the funds to develop a per-pupil facilities the charter schools to be replicated or ex- ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID aid program consistent with the require- panded with funding under this subsection. PROGRAM.—In this subsection, the term ‘per- ments of this subsection. ‘‘(E) For each charter school currently op- pupil facilities aid program’ means a pro- ‘‘(5) APPLICATIONS.—To be eligible to re- erated or managed by the eligible entity— gram in which a State makes payments, on ceive a grant under this subsection, a State ‘‘(i) student assessment results for all stu- a per-pupil basis, to charter schools to pro- shall submit an application to the Secretary dents and for each category of students de- vide the schools with financing— at such time, in such manner, and con- scribed in section 1111(b)(2)(B)(xi); and ‘‘(A) that is dedicated solely to funding taining such information as the Secretary ‘‘(ii) attendance and student retention charter school facilities; or may require. rates for the most recently completed school ‘‘(B) a portion of which is dedicated for ‘‘SEC. 5105. NATIONAL ACTIVITIES. year and, if applicable, the most recent funding charter school facilities. ‘‘(a) IN GENERAL.—From the amount re- available 4-year adjusted cohort graduation ‘‘(2) GRANTS.— served under section 5102(b)(2), the Secretary rates and extended-year adjusted cohort ‘‘(A) IN GENERAL.—From the amount re- shall— graduation rates (as such rates were cal- served under section 5102(b)(1) and remaining ‘‘(1) use not less than 80 percent of such culated on the day before enactment of the after the Secretary makes grants under sub- funds to award grants in accordance with Every Child Achieves Act of 2015). section (a), the Secretary shall make grants, subsection (b); and ‘‘(F) Information on any significant com- on a competitive basis, to States to pay for ‘‘(2) use the remainder of such funds to— pliance issues encountered, within the last 3 the Federal share of the cost of establishing ‘‘(A) disseminate technical assistance to years, by any school operated or managed by or enhancing, and administering, per-pupil State entities in awarding subgrants under the eligible entity, including in the areas of facilities aid programs. section 5103(b)(1)(A); student safety and financial management.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00208 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.039 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5387 ‘‘(G) A request and justification for any Disabilities Act of 1990 (42 U.S.C. 12101 et of the categories of students, as defined in waivers of Federal statutory or regulatory seq.), section 444 of the General Education section 1111(b)(3)(A), except that such dem- requirements that the eligible entity be- Provisions Act (20 U.S.C. 1232g) (commonly onstration is not required in a case in which lieves are necessary for the successful oper- referred to as the ‘Family Educational the number of students in a group is insuffi- ation of the charter schools to be replicated Rights and Privacy Act of 1974’), and part cient to yield statistically reliable informa- or expanded with funding under this sub- B’’; tion or the results would reveal personally section. (ii) by striking subparagraph (H) and in- identifiable information about an individual ‘‘(3) SELECTION CRITERIA.—The Secretary serting the following: student. shall select eligible entities to receive grants ‘‘(H) is a school to which parents choose to ‘‘(9) REPLICATION OF A HIGH-QUALITY CHAR- under this subsection, on the basis of the send their children, and that— TER SCHOOL.—The term ‘replication of a quality of the applications submitted under ‘‘(i) admits students on the basis of a lot- high-quality charter school’ means the open- paragraph (2), after taking into consider- tery, if more students apply for admission ing of a charter school— ation such factors as— than can be accommodated; or ‘‘(A) under an existing charter or an addi- ‘‘(A) the degree to which the eligible entity ‘‘(ii) in the case of a school that has an af- tional charter, if permitted by State law; has demonstrated success in increasing aca- filiated charter school (such as a school that ‘‘(B) based on the model of a high-quality demic achievement and attainment for all is part of the same network of schools), auto- charter school; and students attending the charter schools the matically enrolls students who are enrolled ‘‘(C) that will be operated or managed by eligible entity operates or manages; in the immediate prior grade level of the af- the same nonprofit organization that oper- ‘‘(B) the degree to which the eligible entity filiated charter school and, for any addi- ates or manages such high-quality charter has demonstrated success in increasing aca- tional student openings or student openings school under an existing charter.’’; and demic achievement and attainment for each created through regular attrition in student (5) by striking section 5111 (20 U.S.C. 7221j), of the categories of students, as defined in enrollment in the affiliated charter school as redesignated by section 5001(7), and insert- section 1111(b)(3)(A); and the enrolling school, admits students on ing the following: ‘‘(C) the quality of the eligible entity’s fi- the basis of a lottery as described in clause ‘‘SEC. 5111. AUTHORIZATION OF APPROPRIA- nancial and operating model as described (i);’’; TIONS. under paragraph (2)(C), including the quality (iii) by striking subparagraph (I) and in- ‘‘There are authorized to be appropriated of the eligible entity’s plan for sustaining serting the following: to carry out this part such sums as may be the operation of the charter schools to be ‘‘(I) agrees to comply with the same Fed- necessary for each of fiscal years 2016 replicated or expanded after the grant under eral and State audit requirements as do through 2021.’’. this subsection has ended; other elementary schools and secondary ‘‘(D) a determination that the eligible enti- schools in the State, unless such State audit SEC. 5003. MAGNET SCHOOLS ASSISTANCE. ty has not operated or managed a significant requirements are waived by the State;’’; Part B of title V (20 U.S.C. 7231 et seq.), as proportion of charter schools that— (iv) in subparagraph (K), by striking ‘‘and’’ redesignated by section 5001(5), is amended— ‘‘(i) have been closed; at the end; (1) in section 5201(b), as redesignated by ‘‘(ii) have had a school charter revoked due (v) in subparagraph (L), by striking the pe- section 5001(8)— to problems with statutory or regulatory riod at the end and inserting ‘‘; and’’; and (A) in paragraph (1)— compliance; or (vi) by adding at the end the following: (i) by inserting ‘‘and the increase of socio- ‘‘(iii) have had the school’s affiliation with ‘‘(M) may serve students in early childhood economic integration’’ before ‘‘in elemen- the eligible entity revoked; and education programs or postsecondary stu- tary schools and secondary schools’’; and ‘‘(E) a determination that the eligible enti- dents.’’; (ii) by inserting ‘‘low-income and’’ before ty has not experienced significant problems (D) by inserting after paragraph (2), as re- ‘‘minority students’’; with statutory or regulatory compliance designated by subparagraph (A), the fol- (B) in paragraph (2)— that could lead to the revocation of a lowing: (i) by striking ‘‘and implementation’’ and school’s charter. ‘‘(3) CHARTER MANAGEMENT ORGANIZATION.— inserting ‘‘, implementation, and expan- ‘‘(4) PRIORITY.—In awarding grants under The term ‘charter management organization’ sion’’; and this section, the Secretary shall give pri- means a nonprofit organization that oper- (ii) by striking ‘‘content standards and stu- ority to eligible entities that operate or ates or manages multiple charter schools by dent academic achievement standards’’ and manage charter schools that, in the aggre- centralizing or sharing certain functions or inserting ‘‘standards under section gate, serve students at least 60 percent of resources. 1111(b)(1)’’; whom are eligible for a free or reduced price ‘‘(4) CHARTER SCHOOL SUPPORT ORGANIZA- (C) in paragraph (3), by striking ‘‘and de- lunch under the Richard B. Russell National TION.—The term ‘charter school support or- sign’’ and inserting ‘‘, design, and expan- School Lunch Act. ganization’ means a nonprofit, nongovern- sion’’; ‘‘(5) TERMS AND CONDITIONS.—Except as mental entity that is not an authorized pub- (D) in paragraph (4), by striking ‘‘voca- otherwise provided in this subsection, grants lic chartering agency and provides, on a tional’’ and inserting ‘‘career’’; and awarded under subsection (a)(2)(D) and this statewide basis— (E) in paragraph (6), by striking ‘‘produc- subsection shall have the same terms and ‘‘(A) assistance to developers during the tive employment’’ and inserting ‘‘to enter conditions as grants awarded to State enti- planning, program design, and initial imple- into the workforce without the need for post- ties under section 5103.’’; mentation of a charter school; and secondary education’’; (2) in section 5106 (20 U.S.C. 7221e), as re- ‘‘(B) technical assistance to operating (2) in section 5202, as redesignated by sec- designated by section 5001(7), by adding at charter schools.’’; tion 5001(8), by striking ‘‘backgrounds’’ and the end the following: (E) in paragraph (6)(B), as redesignated by inserting ‘‘, ethnic, and socioeconomic back- ‘‘(c) NEW OR SIGNIFICANTLY EXPANDING subparagraph (A), by striking ‘‘under section grounds’’; CHARTER SCHOOLS.—For purposes of imple- 5203(d)(3)’’; and (3) in section 5205(b), as redesignated by menting the hold harmless protections in (F) by adding at the end the following: section 5001(8)— sections 1122(c) and 1125A(g)(3) for a newly ‘‘(7) EXPANSION OF A HIGH-QUALITY CHARTER (A) in paragraph (1)— opened or significantly expanded charter SCHOOL.—The term ‘expansion of a high-qual- (i) in subparagraph (A), by inserting ‘‘any school under subsection (a), a State edu- ity charter school’ means increasing the en- available evidence on’’ before ‘‘how the pro- cational agency shall calculate a hold-harm- rollment at a high-quality charter school by posed magnet school programs’’; less base for the prior year that, as applica- not less than 50 percent or adding 2 or more (ii) in subparagraph (B), by inserting ‘‘, in- ble, reflects the new or significantly ex- grades to a high-quality charter school. cluding any evidence available to support panded enrollment of the charter school.’’; ‘‘(8) HIGH-QUALITY CHARTER SCHOOL.—The such description’’ before the semicolon; (3) in section 5108 (20 U.S.C. 7221g), as re- term ‘high-quality charter school’ means a (iii) by redesignating subparagraphs (D) designated by section 5001(7), by inserting charter school that— and (E) as subparagraphs (E) and (F), respec- ‘‘as quickly as possible and’’ before ‘‘to the ‘‘(A) shows evidence of strong academic re- tively; and extent practicable’’; sults, which may include strong student aca- (iv) by inserting after subparagraph (C) the (4) in section 5110 (20 U.S.C. 7221i), as redes- demic growth, as determined by a State; following: ignated by section 5001(7)— ‘‘(B) has no significant issues in the areas ‘‘(D) how the applicant will assess, mon- (A) by redesignating paragraphs (1), (2), of student safety, financial and operational itor, and evaluate the impact of the activi- and (3) as paragraphs (2), (5), and (6), respec- management, or statutory or regulatory ties funded under this part on student tively; compliance; achievement and integration;’’; and (B) by redesignating paragraph (4) as para- ‘‘(C) has demonstrated success in signifi- (B) in paragraph (2)— graph (1), and moving such paragraph so as cantly increasing student academic achieve- (i) in the matter preceding subparagraph to precede paragraph (2), as redesignated by ment, including graduation rates where ap- (A), by striking ‘‘will’’; subparagraph (A); plicable, for all students served by the char- (ii) in subparagraph (A)— (C) in paragraph (2), as redesignated by ter school; and (I) by inserting ‘‘will’’ before ‘‘use grant subparagraph (A)— ‘‘(D) has demonstrated success in increas- funds’’; and (i) in subparagraph (G), by striking ‘‘, and ing student academic achievement, including (II) by striking ‘‘section 5301(b)’’ and in- part B’’ and inserting ‘‘, the Americans with graduation rates where applicable, for each serting ‘‘section 5201(b)’’;

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(iii) in subparagraph (B), by striking ‘‘em- SEC. 5004. SUPPORTING HIGH-ABILITY LEARNERS ‘‘(c) SPECIAL RULE.—To the extent that the ploy highly qualified’’ and inserting ‘‘will AND LEARNING. amount of funds appropriated to carry out employ effective’’; Title V (20 U.S.C. 7201 et seq.), as amended this part for a fiscal year beginning with fis- (iv) in subparagraph (C), by striking ‘‘not by section 5001, is further amended by insert- cal year 2016 exceed the amount of $7,500,000, engage in’’ and inserting ‘‘is not currently ing after part B the following: the Secretary shall use such excess funds to engaging in and will not engage in’’; ‘‘PART C—SUPPORTING HIGH-ABILITY award grants, on a competitive basis, to (v) in subparagraph (D), by inserting ‘‘will’’ LEARNERS AND LEARNING State educational agencies, local edu- cational agencies, or both, to implement ac- before carry out; and ‘‘SEC. 5301. SHORT TITLE. (vi) in subparagraph (E), by inserting tivities described in subsection (b). ‘‘This part may be cited as the ‘Jacob K. ‘‘(d) CENTER FOR RESEARCH AND DEVELOP- ‘‘will’’ before ‘‘give students’’; Javits Gifted and Talented Students Edu- MENT.— (4) in section 5206, as redesignated by sec- cation Act of 2015’. ‘‘(1) IN GENERAL.—The Secretary (after con- tion 5001(8), by striking paragraph (2) and in- ‘‘SEC. 5302. PURPOSE. sultation with experts in the field of the edu- serting the following: ‘‘The purpose of this part is to initiate a cation of gifted and talented students) shall ‘‘(2) propose to— coordinated program of evidence-based re- establish a National Research Center for the ‘‘(A) carry out a new, evidence-based mag- search, demonstration projects, innovative Education of Gifted and Talented Children net school program; strategies, and similar activities designed to and Youth through grants to, or contracts ‘‘(B) significantly revise an existing mag- build and enhance the ability of elementary with, one or more institutions of higher edu- net school program, using evidence-based schools and secondary schools nationwide to cation or State educational agencies, or a methods and practices, as available; or meet the special educational needs of gifted combination or consortium of such institu- ‘‘(C) expand an existing magnet school pro- and talented students. tions and agencies and other public or pri- gram that has a demonstrated record of suc- ‘‘SEC. 5303. RULE OF CONSTRUCTION. vate agencies and organizations, for the pur- cess in increasing student academic achieve- ‘‘Nothing in this part shall be construed to pose of carrying out activities described in ment, reducing isolation of minority groups, prohibit a recipient of funds under this part subsection (b). and increasing socioeconomic integration; from serving gifted and talented students si- ‘‘(2) DIRECTOR.—The National Center shall and’’; multaneously with students with similar be headed by a Director. The Secretary may (5) in section 5207, as redesignated by sec- educational needs, in the same educational authorize the Director to carry out such tion 5001(8)— settings, where appropriate. functions of the National Center as may be (A) in subsection (a)— agreed upon through arrangements with in- ‘‘SEC. 5304. AUTHORIZED PROGRAMS. (i) in paragraph (3), by striking ‘‘who are stitutions of higher education, State edu- ‘‘(a) ESTABLISHMENT OF PROGRAM.— highly qualified’’; cational agencies, local educational agen- ‘‘(1) IN GENERAL.—The Secretary (after con- (ii) in paragraph (6), by striking ‘‘and’’ at cies, or other public or private agencies and sultation with experts in the field of the edu- the end; organizations. cation of gifted and talented students) is au- (iii) in paragraph (7), by striking the period ‘‘(3) FUNDING.—For each fiscal year, the and inserting ‘‘; and’’; and thorized to make grants to, or enter into Secretary may use not more than $2,250,000 (iv) by adding at the end the following: contracts with, State educational agencies, to carry out this subsection. ‘‘(8) to enable the local educational agen- local educational agencies, institutions of ‘‘(e) COORDINATION.—Evidence-based activi- cy, or consortium of such agencies, or other higher education, other public agencies, and ties supported under this part— organizations partnered with such agency or other private agencies and organizations to ‘‘(1) shall be carried out in consultation consortium, to establish, expand, or assist such agencies, institutions, and orga- with the Institute of Education Sciences to strengthen inter-district and regional mag- nizations in carrying out programs or ensure that such activities are coordinated projects authorized by this part that are de- net programs.’’; and with and enhance the research and develop- signed to meet the educational needs of gift- (B) in subsection (b), by striking ‘‘the ment activities supported by the Institute; ed and talented students, including the State’s challenging academic content’’ and and training of personnel in the education of all that follows through the period and in- ‘‘(2) may include collaborative evidence- gifted and talented students and in the use, serting ‘‘the challenging State academic based activities which are jointly funded and where appropriate, of gifted and talented standards under section 1111(b)(1) or are di- carried out with such Institute. services, materials, and methods for all stu- rectly related to improving student aca- ‘‘SEC. 5305. PROGRAM PRIORITIES. dents. demic, career, or technological skills and ‘‘(a) GENERAL PRIORITY.—In carrying out ‘‘(2) APPLICATION.—Each entity seeking as- professional skills.’’; this part, the Secretary shall give highest sistance under this part shall submit an ap- (6) in section 5208, as redesignated by sec- priority to programs and projects designed plication to the Secretary at such time, in to develop new information that— tion 5001(10)— such manner, and containing such informa- (A) in subsection (a), by striking ‘‘for a pe- ‘‘(1) improves the capability of schools to tion as the Secretary may reasonably re- plan, conduct, and improve programs to riod’’ and all that follows through the period quire. Each such application shall describe and inserting ‘‘for an initial period of not identify and serve gifted and talented stu- how— dents; and more than 3 fiscal years, and may be renewed ‘‘(A) the proposed gifted and talented serv- for not more than an additional 2 years if the ‘‘(2) assists schools in the identification of, ices, materials, and methods can be adapted, and provision of services to, gifted and tal- Secretary finds that the recipient of a grant if appropriate, for use by all students; and under this part is achieving the intended ented students (including economically dis- ‘‘(B) the proposed programs can be evalu- advantaged individuals, individuals who are outcomes of the grant and shows improve- ated. ment in increasing student academic English learners, and children with disabil- ‘‘(b) USE OF FUNDS.—Programs and projects ities) who may not be identified and served achievement, reducing minority group isola- assisted under this section may include each tion, and increasing socioeconomic integra- through traditional assessment methods. of the following: ‘‘(b) SERVICE PRIORITY.—The Secretary tion, or other indicators of success estab- ‘‘(1) Conducting evidence-based research on shall ensure that not less than 50 percent of lished by the Secretary.’’; and methods and techniques for identifying and the applications approved under section (B) in subsection (d), by striking ‘‘July’’ teaching gifted and talented students and for 5304(a)(2) in a fiscal year address the priority and inserting ‘‘June’’; and using gifted and talented programs and described in subsection (a)(2). (7) in section 5209, as redesignated by sec- methods to serve all students. ‘‘SEC. 5306. GENERAL PROVISIONS. tion 5001(10)— ‘‘(2) Establishing and operating model ‘‘(a) PARTICIPATION OF PRIVATE SCHOOL (A) in subsection (a), by striking projects and exemplary programs for serving CHILDREN AND TEACHERS.—In making grants ‘‘$125,000,000’’ and all that follows through gifted and talented students, including inno- and entering into contracts under this part, the period and inserting ‘‘such sums as may vative methods for identifying and educating the Secretary shall ensure, where appro- be necessary for each of fiscal years 2016 students who may not be served by tradi- priate, that provision is made for the equi- through 2021.’’; tional gifted and talented programs (such as table participation of students and teachers (B) by redesignating subsection (b) as sub- summer programs, mentoring programs, in private nonprofit elementary schools and section (c); and service learning programs, and cooperative secondary schools, including the participa- (C) by inserting after subsection (a) the fol- programs involving business, industry, and tion of teachers and other personnel in pro- lowing: education). fessional development programs serving such ‘‘(b) RESERVATION FOR TECHNICAL ASSIST- ‘‘(3) Implementing innovative strategies, students. such as cooperative learning, peer tutoring, ‘‘(b) REVIEW, DISSEMINATION, AND EVALUA- ANCE.—The Secretary may reserve not more and service learning. TION.—The Secretary shall— than 1 percent of the funds appropriated ‘‘(4) Carrying out programs of technical as- ‘‘(1) use a peer-review process in reviewing under subsection (a) for any fiscal year to sistance and information dissemination, in- applications under this part; provide technical assistance and carry out cluding assistance and information with re- ‘‘(2) ensure that information on the activi- dissemination projects with respect to mag- spect to how gifted and talented programs ties and results of programs and projects net school programs assisted under this and methods, where appropriate, may be funded under this part is disseminated to ap- part.’’. adapted for use by all students. propriate State educational agencies, local

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00210 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.040 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5389 educational agencies, and other appropriate ‘‘(2) A State educational agency. succeed in accelerated learning courses, ac- organizations, including nonprofit private ‘‘(3) A consortium of State educational celerated learning examinations, dual or organizations; and agencies or local educational agencies. concurrent enrollment programs, and early ‘‘(3) evaluate the effectiveness of programs ‘‘(4) A State educational agency or a local college high school courses; under this part in accordance with section educational agency, in partnership with— ‘‘(3) to support efforts by States and local 9601, in terms of the impact on students tra- ‘‘(A) a nonprofit organization; educational agencies to increase the avail- ditionally served in separate gifted and tal- ‘‘(B) a small business; ability of, and enrollment in, accelerated ented programs and on other students, and ‘‘(C) a charter management organization; learning courses, pre-accelerated learning submit the results of such evaluation to Con- ‘‘(D) an educational service agency; or courses, dual or concurrent enrollment pro- gress not later than 2 years after the date of ‘‘(E) an institution of higher education. grams, and early college high school courses enactment of the Every Child Achieves Act ‘‘(c) RURAL AREAS.—In awarding grants in high-need schools; and of 2015. under subsection (a), the Secretary shall en- ‘‘(4) to provide high-quality professional ‘‘(c) PROGRAM OPERATIONS.—The Secretary sure that not less than 25 percent of the development for teachers of accelerated shall ensure that the programs under this funds for any fiscal year are awarded for learning courses, pre-accelerated learning part are administered within the Depart- projects that meet both of the following re- courses, dual or concurrent enrollment pro- ment by a person who has recognized profes- quirements: grams, and early college high school courses sional qualifications and experience in the ‘‘(1) The grantee is— in high-need schools. ‘‘(A) a local educational agency with an field of the education of gifted and talented ‘‘SEC. 5503. FUNDING DISTRIBUTION RULE. students and who shall— urban-centric district locale code of 32, 33, 41, ‘‘From amounts appropriated under sec- ‘‘(1) administer and coordinate the pro- 42, or 43, as determined by the Secretary; tion 5508 for a fiscal year, the Secretary shall grams authorized under this part; ‘‘(B) a consortium of such local edu- give priority to funding activities under sec- ‘‘(2) serve as a focal point of national lead- cational agencies; or tion 5504 and shall distribute any remaining ership and information on the educational ‘‘(C) an educational service agency or a funds under section 5505. nonprofit organization in partnership with needs of gifted and talented students and the ‘‘SEC. 5504. ACCELERATED LEARNING EXAMINA- such a local educational agency. availability of educational services and pro- TION FEE PROGRAM. ‘‘(2) A majority of the schools to be served grams designed to meet such needs; ‘‘(a) GRANTS AUTHORIZED.—From amounts ‘‘(3) assist the Director of the Institute of by the project are designated with a school made available under section 5503 for a fiscal Education Sciences in identifying research locale code of 32, 33, 41, 42, or 43, or a com- year, the Secretary shall award grants to bination of such codes, as determined by the priorities that reflect the needs of gifted and State educational agencies having applica- Secretary. talented students; and tions approved under this section to enable ‘‘(d) MATCHING FUNDS.—In order to receive the State educational agencies to reimburse ‘‘(4) disseminate, and consult on, the infor- a grant under subsection (a), an eligible enti- low-income students to cover part or all of mation developed under this part with other ty shall demonstrate that the eligible entity the costs of accelerated learning examina- offices within the Department. will provide matching funds in an amount tion fees, if the low-income students— ‘‘SEC. 5307. AUTHORIZATION OF APPROPRIA- equal to 10 percent of the funds provided TIONS. under a grant under this part, except that ‘‘(1) are enrolled in accelerated learning ‘‘There are authorized to be appropriated the Secretary may waive the matching funds courses; and to carry out this part such sums as may be requirement, on a case-by-case basis, upon a ‘‘(2) plan to take accelerated learning ex- necessary for each of fiscal years 2016 showing of exceptional circumstances, such aminations. WARD BASIS.—In determining the through 2021.’’. as— ‘‘(b) A amount of the grant awarded to a State edu- SEC. 5005. EDUCATION INNOVATION AND RE- ‘‘(1) the difficulty of raising matching cational agency under this section for a fis- SEARCH. funds for a project to serve a rural area; cal year, the Secretary shall consider the Title V (20 U.S.C. 7201 et seq.), as amended ‘‘(2) the difficulty of raising matching number of children eligible to be counted by section 5001, is further amended by insert- funds in areas with a concentration of local under section 1124(c) in the State in relation ing after part C, as added by section 5004, the educational agencies or schools with a high to the number of such children so counted in following: percentage of students aged 5 through 17— all States. ‘‘(A) who are in poverty, as counted in the ‘‘PART D—EDUCATION INNOVATION AND ‘‘(c) INFORMATION DISSEMINATION.—A State RESEARCH most recent census data approved by the educational agency that is awarded a grant ‘‘SEC. 5401. GRANTS FOR EDUCATION INNOVA- Secretary; under this section shall make publicly avail- TION AND RESEARCH. ‘‘(B) who are eligible for a free or reduced able information regarding the availability ‘‘(a) PROGRAM AUTHORIZED.—From funds priced lunch under the Richard B. Russell of accelerated learning examination fee pay- appropriated under subsection (e), the Sec- National School Lunch Act; ments under this section, and shall dissemi- retary shall make grants to eligible entities ‘‘(C) whose families receive assistance nate such information to eligible high school for the development, implementation, rep- under the State program funded under part students and parents, including through high lication, or scaling and rigorous testing of A of title IV of the Social Security Act (42 school teachers and counselors. entrepreneurial, evidence-based, field-initi- U.S.C. 601 et seq.); or ‘‘(d) APPLICATIONS.—Each State edu- ated innovations to improve student achieve- ‘‘(D) who are eligible to receive medical as- cational agency desiring to receive a grant ment and attainment for high-need students, sistance under the Medicaid program; and under this section shall submit an applica- including— ‘‘(3) the difficulty of raising funds in des- tion to the Secretary at such time, in such ‘‘(1) early-phase grants to fund the develop- ignated tribal areas. manner, and containing such information as ment, implementation, and feasibility test- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— the Secretary may require. At a minimum, There are authorized to be appropriated to ing of a program that prior research suggests each State educational agency application carry out this section such sums as may be has promise, for the purpose of determining shall— necessary for each of fiscal years 2016 whether the program can successfully im- ‘‘(1) describe the accelerated learning ex- through 2021.’’. prove student achievement or attainment for amination fees the State educational agency high-need students; SEC. 5006. ACCELERATED LEARNING. will pay on behalf of low-income students in Title V (20 U.S.C. 7201 et seq.), as amended ‘‘(2) mid-phase grants to fund implementa- the State from grant funds awarded under by section 5001, is further amended by insert- tion and a rigorous evaluation of a program this section; ing after part D, as added by section 5005, the that has been successfully implemented ‘‘(2) provide an assurance that any grant following: under an early-phase grant or other effort funds awarded under this section will be used meeting similar criteria, for the purpose of ‘‘PART E—ACCELERATED LEARNING only to pay for accelerated learning exam- measuring the program’s impact and cost ef- ‘‘SEC. 5501. SHORT TITLE. ination fees; and fectiveness, if possible using existing admin- ‘‘This part may be cited as the ‘Acceler- ‘‘(3) contain such information as the Sec- istrative data; or ated Learning Act of 2015’. retary may require to demonstrate that the ‘‘(3) expansion grants to fund implementa- ‘‘SEC. 5502. PURPOSES. State educational agency will ensure that a tion and a rigorous replication evaluation of ‘‘The purposes of this part are— student is eligible for payments authorized a program that has been found to produce ‘‘(1) to raise student academic achievement under this section, including ensuring that sizable, important impacts under a mid- through accelerated learning programs, in- the student is a low-income student. phase grant or other effort meeting similar cluding Advanced Placement and Inter- ‘‘(e) REGULATIONS.—The Secretary shall criteria, for the purpose of determining national Baccalaureate programs, dual or prescribe such regulations as are necessary whether such impacts can be successfully re- concurrent enrollment programs, and early to carry out this section. produced and sustained over time, and iden- college high schools that provide postsec- ‘‘(f) REPORT.— tifying the conditions in which the program ondary-level instruction, examinations, or ‘‘(1) IN GENERAL.—Each State educational is most effective. sequences of courses that are widely accept- agency awarded a grant under this section ‘‘(b) ELIGIBLE ENTITY.—In this section, the ed for credit at institutions of higher edu- shall, with respect to each accelerated learn- term ‘eligible entity’ means any of the fol- cation; ing course subject, annually report to the lowing: ‘‘(2) to increase the number of students at- Secretary the following data for the pre- ‘‘(1) A local educational agency. tending high-need schools who enroll and ceding year:

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00211 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.040 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5390 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(A) The number of students in the State ‘‘(iii) increasing the number of students at- ment programs, and early college high who are taking an accelerated learning tending a high-need school, particularly low- school courses, including contracting for course in such subject. income students, who enroll and succeed in— necessary support services. ‘‘(B) The number of accelerated learning ‘‘(I) accelerated learning courses; ‘‘(g) COLLECTING AND REPORTING REQUIRE- examinations taken by students in the State ‘‘(II) if offered by the school, pre-acceler- MENTS.— who have taken an accelerated learning ated learning courses; ‘‘(1) REPORT.—Each eligible entity receiv- course in such subject. ‘‘(III) dual or concurrent enrollment pro- ing a grant under this section shall collect ‘‘(C) The number of students in the State grams; and and report to the Secretary annually such scoring at each level on accelerated learning ‘‘(IV) early college high school courses; data regarding the results of the grant as the examinations in such subject, disaggregated ‘‘(B) how the eligible entity will ensure Secretary may reasonably require, includ- by race, ethnicity, sex, English proficiency that students have access to courses that ing— status, and socioeconomic status. will prepare them to enroll and succeed in ‘‘(A) the number of students served by the ‘‘(D) Demographic information regarding accelerated learning courses, pre-accelerated eligible entity enrolling in accelerated learn- students in the State taking accelerated learning courses, dual or concurrent enroll- ing courses, pre-accelerated learning learning courses and accelerated learning ex- ment programs, and early college high courses, dual or concurrent enrollment pro- aminations in such subject, disaggregated by school courses; grams, and early college high school courses, race, ethnicity, sex, English proficiency sta- ‘‘(C) how the eligible entity will provide disaggregated by grade level of the student, tus, and socioeconomic status. professional development for teachers that and the grades received by such students in ‘‘(2) REPORT TO CONGRESS.—The Secretary will further the goals and objectives of the the courses; shall annually compile the information re- grant project; ‘‘(B) the number of students taking an ac- ceived from each State educational agency ‘‘(D) how the eligible entity will ensure celerated learning examination and the dis- under paragraph (1) and report to the author- that teachers serving high-need schools are tribution of scores on those examinations, izing committees of Congress regarding the qualified to teach accelerated learning disaggregated by the grade level of the stu- information. courses, dual or concurrent enrollment pro- dent at the time of examination; ‘‘(g) BUREAU OF INDIAN EDUCATION AS STATE grams, and early college high school courses; ‘‘(C) the number of teachers who, as of the EDUCATIONAL AGENCY.—For purposes of this ‘‘(E) how the eligible entity will provide date of the report, are receiving training to section, the Bureau of Indian Education for the involvement of business and commu- teach accelerated learning courses, dual or shall be treated as a State educational agen- nity organizations and other entities, includ- concurrent enrollment programs, and early cy. ing institutions of higher education, in car- college high school courses, and will teach rying out the activities described in sub- such courses in the next school year; ‘‘SEC. 5505. ACCELERATED LEARNING INCENTIVE ‘‘(D) the number of teachers becoming PROGRAM GRANTS. section (e); qualified to teach accelerated learning ‘‘(a) GRANTS AUTHORIZED.— ‘‘(F) how the eligible entity will use funds courses, dual or concurrent enrollment pro- ‘‘(1) IN GENERAL.—From amounts made received under this section; and grams, and early college high school courses; available under section 5503 for a fiscal year, ‘‘(G) how the eligible entity will evaluate and the Secretary shall award grants, on a com- the success of the grant project. ‘‘(E) the number of qualified teachers who petitive basis, to eligible entities to enable ‘‘(d) PRIORITY.—In awarding grants under are teaching accelerated learning courses, such entities to carry out the authorized ac- this section, the Secretary shall give pri- ority to applications from eligible entities dual or concurrent enrollment programs, and tivities described in subsection (e). that propose to carry out activities in a local early college high school courses in high- ‘‘(2) DURATION, RENEWAL, AND PAYMENTS.— educational agency that is eligible under the need schools served by the eligible entity. ‘‘(A) DURATION.—The Secretary shall award small rural school achievement program or ‘‘(2) REPORTING OF DATA.—Each eligible en- a grant under this section for a period of not the rural and low-income school program au- tity receiving a grant under this section more than 3 years. thorized under subpart 1 or 2 of part B of shall report the data required under para- ‘‘(B) RENEWAL.—The Secretary may renew title VI. graph (1)— a grant awarded under this section for an ad- ‘‘(e) AUTHORIZED ACTIVITIES.—Each eligible ‘‘(A) disaggregated by subject area; ditional period of not more than 2 years, if entity that receives a grant under this sec- ‘‘(B) in the case of student data, an eligible entity— tion may use grant funds for— disaggregated in the same manner as infor- ‘‘(i) is achieving the objectives of the ‘‘(1) high-quality teacher professional de- mation is disaggregated under section grant; and velopment, in order to expand the pool of 1111(b)(2)(B)(xi); and ‘‘(ii) has shown improvement against base- teachers in the participating State, local ‘‘(C) in a manner that allows for an assess- line data on the performance measures de- educational agency, or high-need school who ment of the effectiveness of the grant pro- scribed in subparagraphs (A) through (E) of are qualified to teach accelerated learning gram. subsection (g)(1). courses, dual or concurrent enrollment pro- ‘‘(h) EVALUATION.—The Secretary, acting ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In grams, and early college high school courses, through the Director of the Institute of Edu- this section, the term ‘eligible entity’ including through innovative models such as cation Sciences, shall, in consultation with means— online academies and training institutes; the relevant program office at the Depart- ‘‘(1) a State educational agency; ‘‘(2) high-quality teacher and counselor ment, evaluate the implementation and im- ‘‘(2) a local educational agency; or professional development to prepare stu- pact of the activities supported under this ‘‘(3) a partnership consisting of— dents for success in accelerated learning section, including progress as measured by ‘‘(A) a national, regional, or statewide non- courses, dual or concurrent enrollment pro- the performance measures established under profit organization, with expertise and expe- grams, and early college high school courses; subparagraphs (A) through (E) of subsection rience in providing accelerated learning ‘‘(3) coordination and articulation between (g)(1). course services, dual or concurrent enroll- grade levels to prepare students to enroll and ‘‘(i) MATCHING REQUIREMENT.— ment programs, and early college high succeed in accelerated learning courses, dual ‘‘(1) IN GENERAL.—Each eligible entity that school courses; and or concurrent enrollment programs, and receives a grant under this section shall pro- ‘‘(B) a State educational agency or local early college high school courses; vide toward the cost of the activities as- educational agency. ‘‘(4) the purchase of instructional mate- sisted under the grant, from non-Federal ‘‘(c) APPLICATION.— rials for accelerated learning courses, dual sources, an amount equal to 100 percent of ‘‘(1) IN GENERAL.—Each eligible entity de- or concurrent enrollment programs, and the amount of the grant, except that an eli- siring a grant under this section shall sub- early college high school courses; gible entity that is a high-need local edu- mit an application to the Secretary at such ‘‘(5) activities to increase the availability cational agency, as determined by the Sec- time, in such manner, and containing such of, and participation in, online accelerated retary, shall provide an amount equal to not information as the Secretary may require. learning courses, dual or concurrent enroll- more than 50 percent of the amount of the ‘‘(2) CONTENTS.—The application shall, at a ment programs, and early college high grant. minimum, include a description of— school courses; ‘‘(2) MATCHING FUNDS.—The eligible entity ‘‘(A) the goals and objectives for the ‘‘(6) carrying out the requirements of sub- may provide the matching funds described in project supported by the grant under this section (g); or paragraph (1) in cash or in kind, fairly evalu- section, including— ‘‘(7) in the case of an eligible entity de- ated, but may not provide more than 50 per- ‘‘(i) increasing the number of teachers scribed in subsection (b)(1), awarding sub- cent of the matching funds in kind. The eli- serving high-need schools who are qualified grants to local educational agencies to en- gible entity may provide the matching funds to teach accelerated learning courses, dual able the local educational agencies to carry from State, local, or private sources. or concurrent enrollment programs, and out authorized activities described in para- ‘‘(3) WAIVER.—The Secretary may waive all early college high school courses; graphs (1) through (6). or part of the matching requirement de- ‘‘(ii) increasing the number of accelerated ‘‘(f) CONTRACTS.—An eligible entity that is scribed in paragraph (1) for any fiscal year learning courses, dual or concurrent enroll- awarded a grant to provide online courses for an eligible entity if the Secretary deter- ment programs, and early college high under this section may enter into a contract mines that applying the matching require- school courses that are offered at high-need with an organization to provide accelerated ment to such eligible entity would result in schools; and learning courses, dual or concurrent enroll- serious hardship or an inability to carry out

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00212 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.040 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5391 the authorized activities described in sub- gramming, of educational programming for velopment Block Grant Act of 1990 (42 U.S.C. section (e). preschool and elementary school children, 9858 et seq.), regarding the availability and ‘‘SEC. 5506. SUPPLEMENT, NOT SUPPLANT. and the accompanying support materials and utilization of materials developed under ‘‘Grant funds provided under this part shall services that promote the effective use of paragraph (1)(E) to enhance parent and child supplement, and not supplant, other non- such programming; care provider skills in early childhood devel- Federal funds that are available to assist ‘‘(C) to facilitate the development of pro- opment and education. gramming and digital content containing low-income students to pay for the cost of ‘‘(b) APPLICATIONS.—To be eligible to re- accelerated learning fees or to expand access Ready-to-Learn-based children’s program- ceive a grant, contract, or cooperative agree- to accelerated learning and pre-accelerated ming and resources for parents and care- ment under subsection (a), an entity shall learning courses. givers that is specially designed for nation- submit to the Secretary an application at wide distribution over public television sta- ‘‘SEC. 5507. DEFINITIONS. such time, in such manner, and containing tions’ digital broadcasting channels and the ‘‘In this part: such information as the Secretary may rea- Internet; ‘‘(1) ACCELERATED LEARNING COURSE.—The sonably require. ‘‘(D) to contract with entities (such as pub- term ‘accelerated learning course’ means— lic telecommunications entities) so that pro- ‘‘(c) REPORTS AND EVALUATIONS.— ‘‘(A) a course of postsecondary-level in- grams developed under this section are dis- ‘‘(1) ANNUAL REPORT TO THE SECRETARY.— struction provided to middle or high school seminated and distributed to the widest pos- An entity receiving a grant, contract, or co- students, terminating in an Advanced Place- sible audience appropriate to be served by operative agreement under this section shall ment or International Baccalaureate exam- the programming, and through the use of the prepare and submit to the Secretary an an- ination; or most appropriate distribution technologies; nual report that contains such information ‘‘(B) another highly rigorous, evidence- and as the Secretary may require. At a min- based, postsecondary preparatory program ‘‘(E) to develop and disseminate education imum, the report shall describe the program terminating in— and training materials, including interactive activities undertaken with funds received ‘‘(i) an examination or sequence of courses programs and programs adaptable to dis- under the grant, contract, or cooperative that are widely accepted for credit at insti- tance learning technologies, that are de- agreement, including each of the following: tutions of higher education; or signed— ‘‘(A) The programming that has been de- ‘‘(ii) another examination or sequence of ‘‘(i) to promote school readiness; and veloped, directly or indirectly, by the eligi- courses approved by the Secretary. ‘‘(ii) to promote the effective use of mate- ble entity, and the target population of the ‘‘(2) ACCELERATED LEARNING EXAMINA- rials developed under subparagraphs (B) and programs developed. TION.—The term ‘accelerated learning exam- (C) among parents, teachers, Head Start pro- ‘‘(B) The support and training materials ination’ means an Advanced Placement ex- viders, providers of family literacy services, that have been developed to accompany the amination administered by the College child care providers, early childhood devel- programming, and the method by which the Board, an International Baccalaureate exam- opment personnel, elementary school teach- materials are distributed to consumers and ination administered by the International ers, public libraries, and after-school pro- users of the programming. Baccalaureate, an examination that is wide- gram personnel caring for preschool and ele- ‘‘(C) The means by which programming de- ly accepted for college credit, or another mentary school children. veloped under this section has been distrib- such examination approved by the Secretary. ‘‘(2) AVAILABILITY.—In awarding or enter- uted, including the distance learning tech- ‘‘(3) HIGH-NEED SCHOOL.—The term ‘high- ing into grants, contracts, or cooperative nologies that have been utilized to make pro- need school’ means a high school— agreements under this section, the Secretary gramming available, and the geographic dis- ‘‘(A) with a demonstrated need for Ad- shall ensure that eligible entities make pro- tribution achieved through such tech- vanced Placement or International Bacca- gramming widely available, with support nologies. laureate courses, dual or concurrent enroll- materials as appropriate, to young children, ‘‘(D) The initiatives undertaken by the en- ment programs, or early college high school parents, child care workers, Head Start pro- tity to develop public-private partnerships to courses; and viders, and providers of family literacy serv- secure non-Federal support for the develop- ‘‘(B) that— ices to increase the effective use of such pro- ment, distribution, and broadcast of edu- ‘‘(i) has a high concentration of low-in- gramming. cational and instructional programming. come students; or ‘‘(3) ELIGIBLE ENTITIES.—To be eligible to ‘‘(2) REPORT TO CONGRESS.—The Secretary ‘‘(ii) is a local educational agency that is receive a grant, contract, or cooperative shall prepare and submit to the Committee eligible, as determined by the Secretary, agreement under this section, an entity shall on Health, Education, Labor, and Pensions of under the small, rural school achievement be a public telecommunications entity that the Senate and the Committee on Education program, or the rural and low-income school is able to demonstrate each of the following: and the Workforce of the House of Rep- program, authorized under subpart 1 or 2 of ‘‘(A) A capacity for the development and resentatives a biannual report that includes part B of title VI. national distribution of educational and in- the following: ‘‘(4) LOW-INCOME STUDENT.—The term ‘low- structional television programming of high ‘‘(A) A summary of the activities assisted income student’ means a student who is eli- quality that is accessible by a large majority under subsection (a). gible for a free or reduced price lunch under of disadvantaged preschool and elementary ‘‘(B) A description of the education and the school lunch program established under school children. training materials made available under sub- the Richard B. Russell National School ‘‘(B) A capacity to contract with the pro- section (a)(1)(E), the manner in which out- Lunch Act (42 U.S.C. 1751 et seq.). ducers of children’s television programming reach has been conducted to inform parents ‘‘SEC. 5508. AUTHORIZATION OF APPROPRIA- for the purpose of developing educational and child care providers of the availability of TIONS. television programming of high quality. such materials, and the manner in which ‘‘There are authorized to be appropriated ‘‘(C) A capacity, consistent with the enti- such materials have been distributed in ac- to carry out this part such sums as may be ty’s mission and nonprofit nature, to nego- cordance with such subsection. necessary for each of fiscal years 2016 tiate such contracts in a manner that re- ‘‘(d) ADMINISTRATIVE COSTS.—An entity through 2021.’’. turns to the entity an appropriate share of that receives a grant, contract, or coopera- SEC. 5007. READY-TO-LEARN TELEVISION. any ancillary income from sales of any pro- gram-related products. tive agreement under this section may use Title V (20 U.S.C. 7201 et seq.), as amended up to 5 percent of the amount received under by section 5001, is further amended by insert- ‘‘(D) A capacity to localize programming and materials to meet specific State and the grant, contract, or agreement for the ing after part E, as added by section 5006, the normal and customary expenses of admin- following: local needs and to provide educational out- reach at the local level. istering the grant, contract, or agreement. ‘‘PART F—READY-TO-LEARN TELEVISION ‘‘(4) COORDINATION OF ACTIVITIES.—An enti- ‘‘(e) FUNDING RULE.—Not less than 60 per- ‘‘SEC. 5601. READY-TO-LEARN. ty receiving a grant, contract, or cooperative cent of the amount appropriated under sub- ‘‘(a) PROGRAM AUTHORIZED; READY-TO- agreement under this section shall consult section (f) for each fiscal year shall be used LEARN.— with the Secretary and the Secretary of to carry out activities under subparagraphs ‘‘(1) IN GENERAL.—The Secretary is author- Health and Human Services— (B) through (D) of subsection (a)(1). ized to award grants to, or enter into con- ‘‘(A) to maximize the utilization of quality ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— tracts or cooperative agreements with, eligi- educational programming by preschool and There are authorized to be appropriated to ble entities described in paragraph (3) to en- elementary school children, and make such carry out this part such sums as may be nec- able such entities— programming widely available to federally essary for each of fiscal years 2016 through ‘‘(A) to develop, produce, and distribute funded programs serving such populations; 2021.’’. educational and instructional video pro- and gramming for preschool and elementary ‘‘(B) to coordinate activities with Federal SEC. 5008. INNOVATIVE TECHNOLOGY EXPANDS school children and their parents in order to programs that have major training compo- CHILDREN’S HORIZONS (I–TECH). facilitate student academic achievement; nents for early childhood development, in- Title V (20 U.S.C. 7201 et seq.), as amended ‘‘(B) to facilitate the development, directly cluding programs under the Head Start Act by section 5001, is further amended by insert- or through contracts with producers of chil- (42 U.S.C. 9831 et seq.) and State training ac- ing after part F, as added by section 5007, the dren’s and family educational television pro- tivities funded under the Child Care and De- following:

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00213 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.040 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5392 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘PART G—INNOVATIVE TECHNOLOGY EX- which may include strategies to assist eligi- from non-Federal sources, in an amount PANDS CHILDREN’S HORIZONS (I–TECH) ble children without adequate Internet ac- equal to 10 percent of the amount of grant ‘‘SEC. 5701. PURPOSES. cess at home to complete homework. funds provided to the State educational ‘‘The purposes of this part are— ‘‘(3) TECHNOLOGY READINESS SURVEY.—The agency to carry out the activities supported ‘‘(1) to improve the achievement, academic term ‘technology readiness survey’ means a by the grant. Such matching funds may be growth, and college and career readiness of survey completed by a local educational provided in cash or in kind, except that any all students; agency that provides standardized informa- such in kind contributions shall be provided ‘‘(2) to ensure that all students have access tion on the quantity and types of technology for the purpose of supporting the State edu- to personalized, rigorous learning experi- infrastructure and access available to the cational agency’s activities under section ences that are supported through tech- students and in the community served by the 5705(c). nology; local educational agency, including com- ‘‘(2) WAIVER.—The Secretary may waive ‘‘(3) to ensure that educators have the puter devices, access to school libraries, the matching requirement under paragraph knowledge and skills to use technology, in- Internet connectivity (including Internet ac- (1) for a State educational agency that dem- cluding computer-based assessments and cess outside of the school day), operating onstrates that such requirement imposes an blended learning strategies, to personalize systems, related network infrastructure, undue financial hardship on the State edu- learning; data systems, educator professional learning cational agency. ‘‘(4) to ensure that local educational agen- needs and priorities, and data security. ‘‘SEC. 5704. STATE APPLICATIONS. cy and school leaders have the skills re- ‘‘(4) UNIVERSAL DESIGN FOR LEARNING.—The ‘‘(a) APPLICATION.—To receive a grant quired to implement, and support school- term ‘universal design for learning’ has the under section 5703(b)(2), a State educational and district-wide approaches for using tech- meaning given the term in section 103 of the agency shall submit to the Secretary an ap- nology to inform instruction, support teach- Higher Education Act of 1965 (20 U.S.C. 1003). plication at such time and in such manner as the Secretary may require and containing er collaboration, and personalize learning; ‘‘SEC. 5702A. RESTRICTION. the information described in subsection (b). ‘‘(5) to ensure that students in rural, re- ‘‘Funds awarded under this part shall not ‘‘(b) CONTENTS.—Each application sub- mote, and underserved areas have the re- be used to address the networking needs of mitted under subsection (a) shall include the sources to take advantage of high-quality an entity that is eligible to receive support following: digital learning experiences, digital re- under the E-rate program. ‘‘(1) A description of how the State edu- sources, and access to online courses taught ‘‘SEC. 5703. TECHNOLOGY GRANTS PROGRAM AU- cational agency will meet the following by effective educators; THORIZED. goals: ‘‘(6) to ensure that students have increased ‘‘(a) IN GENERAL.—From the amounts ap- ‘‘(A) Use technology to ensure that all stu- access to online dual or concurrent enroll- propriated under section 5708, the Secretary dents achieve college and career readiness ment opportunities, career and technical may reserve not more than 1.5 percent for and digital literacy, including by providing courses, and programs leading to a recog- national activities to support grantees and high-quality education opportunities to eco- nized postsecondary credential (as defined in shall award the remainder to State edu- nomically or geographically isolated student section 3 of the Workforce Innovation and cational agencies to strengthen State and populations. Opportunity Act (29 U.S.C. 3102)), and courses local technological infrastructure and pro- ‘‘(B) Provide educators, school leaders, and taught by educators, including advanced fessional learning that supports digital administrators with the professional learn- coursework; and learning through State activities under sec- ing tools, devices, content, and resources ‘‘(7) to ensure that State educational agen- tion 5705(c) and local activities under section to— cies, local educational agencies, elementary 5706(c). ‘‘(i) personalize learning to improve stu- schools, and secondary schools have the ‘‘(b) GRANTS TO STATE EDUCATIONAL AGEN- dent academic achievement; and technological capacity, infrastructure, and CIES.— ‘‘(ii) discover, adapt, and share relevant technical support necessary to meet pur- ‘‘(1) RESERVATIONS.—From the amounts ap- high-quality open educational resources. poses described in paragraphs (1) through (6). propriated under section 5708 for any fiscal ‘‘(C) Enable local educational agencies to ‘‘SEC. 5702. DEFINITIONS. year, the Secretary shall reserve— build technological capacity and infrastruc- ‘‘In this part: ‘‘(A) three-fourths of 1 percent for the Sec- ture. ‘‘(1) DIGITAL LEARNING.—The term ‘digital retary of the Interior to provide assistance ‘‘(2) An assurance that each local edu- learning’ means any instructional practice under this part for schools operated or fund- cational awarded a subgrant under this part that effectively uses technology to strength- ed by the Bureau of Indian Education; and has conducted a technology readiness survey en a student’s learning experience and en- ‘‘(B) 1 percent to provide assistance under and will take steps to address the identified compasses a wide spectrum of tools and prac- this part to the outlying areas. readiness gaps not later than 3 years after tices, including— ‘‘(2) GRANT ALLOTMENTS.—From the the completion of the survey by the local ‘‘(A) interactive learning resources that amounts appropriated under section 5708 for educational agency. engage students in academic content; any fiscal year and remaining after the Sec- ‘‘(3) An assurance that the State edu- ‘‘(B) access to online databases and other retary makes reservations under paragraph cational agency will ensure that the State primary source documents; (1), the Secretary shall make a grant for the educational agency’s technology systems ‘‘(C) the use of data, data analytics, and in- fiscal year to each State educational agency and school-based technology systems are formation to personalize learning and pro- with an approved application under section interoperable. vide targeted supplementary instruction; 5704 in an amount that bears the same rela- ‘‘(4) An assurance that the State edu- ‘‘(D) student collaboration with content tionship to such remainder as the amount cational agency will consider making con- experts and peers; the State educational agency received under tent widely available through open edu- ‘‘(E) online and computer-based assess- part A of title I for such year bears to the cational resources when making purchasing ments; amount all State educational agencies with decisions with funds received under this ‘‘(F) digital learning content, software, or an approved application under section 5704 part. simulations; received under such part for such year. ‘‘(5) A description of how the State edu- ‘‘(G) access to online courses; ‘‘(c) MINIMUM.—The amount of a grant to a cational agency will award subgrants to ‘‘(H) mobile devices for learning in school State educational agency under subsection local educational agencies under section and at home; (b)(2) for a fiscal year shall not be less than 5706. ‘‘(I) learning environments that allow for one-half of 1 percent of the total amount ‘‘(6) A description of the process, activities, rich collaboration and communication; made available for grants to all State edu- and performance measures that the State ‘‘(J) hybrid or blended learning, which oc- cational agencies under such subsection for educational agency will use to evaluate the curs under direct instructor supervision at a such year. impact and effectiveness of the grant and school or other location away from home ‘‘(d) REALLOTMENT OF UNUSED FUNDS.—If subgrant funds awarded under this part and, at least in part, through online delivery any State educational agency does not apply across the State and in each local edu- of instruction with some element of student for a grant under section 5704 for a fiscal cational agency. control over time, place, path, or pace; year, or does not use the State educational ‘‘(7) An assurance that the State edu- ‘‘(K) access to online course opportunities agency’s entire grant allotment under sub- cational agency consulted with local edu- for students in rural or remote areas; and section (b)(2) for such year, the Secretary cational agencies in the development of the ‘‘(L) discovery, modification, and sharing shall reallot the amount of the State edu- State educational agency’s application under of openly licensed digital learning materials. cational agency’s grant, or the unused por- this subsection. ‘‘(2) ELIGIBLE TECHNOLOGY.—The term ‘eli- tion of the grant allotment, to the remaining ‘‘(8) An assurance that the State edu- gible technology’ means modern computer, State educational agencies that use their en- cational agency will provide matching funds and communication technology software, tire grant amounts under subsection (b)(2) as required under section 5703(e). services, or tools, including computer or mo- for such year. ‘‘(9) An assurance that the State edu- bile devices, whether for use in school or at ‘‘(e) MATCHING FUNDS.— cational agency will protect the privacy and home, software applications, systems and ‘‘(1) IN GENERAL.—A State educational safety of students and teachers, consistent platforms, digital learning content, and re- agency that receives a grant under sub- with requirements of section 444 of the Gen- lated services, supports, and strategies, section (b)(2) shall provide matching funds, eral Education Provisions Act (20 U.S.C.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00214 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.040 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5393 1232g) (commonly known as the ‘Family Edu- ‘‘(3) Developing or utilizing evidence-based local educational agencies under such part cational Rights and Privacy Act of 1974’) and or innovative strategies for the delivery of for such year, except that no local edu- section 445 of the General Education Provi- specialized or rigorous academic courses and cational agency may receive less than $20,000 sions Act (20 U.S.C. 1232h). curricula through the use of technology, in- for a year. ‘‘(10) An assurance that funds made avail- cluding digital learning technologies and as- ‘‘(2) COMPETITIVE GRANTS TO LOCAL EDU- able under this part shall be used to supple- sistive technology. CATIONAL AGENCIES.—If the amount of funds ment, and not supplant, any other Federal, ‘‘(4) Integrating and coordinating activi- appropriated under section 5708 is less than State, or local funds that would otherwise be ties under this part with other educational $300,000,000 for any fiscal year, a State edu- available to carry out the activities assisted resources and programs across the State. cational agency— under this part. ‘‘(5) Disseminating information, including ‘‘(A) shall not award subgrants under para- ‘‘SEC. 5705. STATE USE OF GRANT FUNDS. making publicly available on the website of graph (1); and ‘‘(a) RESERVATION FOR SUBGRANTS TO SUP- the State educational agency, promising ‘‘(B) shall— PORT TECHNOLOGY INFRASTRUCTURE.—Each practices to improve technology instruction, ‘‘(i) award subgrants, on a competitive State educational agency that receives a best practices for data security, and acquir- basis, to local educational agencies based on grant under section 5703(b)(2) shall expend ing and implementing technology tools and the quality of applications submitted under not less than 90 percent of the grant amount applications. subsection (b), including— for each fiscal year to award subgrants to ‘‘(6) Ensuring that teachers, paraprofes- ‘‘(I) the level of technology readiness, as local educational agencies in accordance sionals, school librarians and media per- determined by the technology readiness sur- with section 5706. sonnel, specialized instructional support per- veys completed by local educational agencies ‘‘(b) RESERVATION FOR STATE ACTIVITIES.— sonnel, and administrators possess the submitting such applications; and ‘‘(1) IN GENERAL.—A State educational knowledge and skills to use technology to ‘‘(II) the technology plans described in sub- agency shall reserve not more than 10 per- meet the goals described in section 5704(b)(1). section (b)(3) and how the local educational cent of the grant received under section ‘‘(7) Coordinating with teacher, principal, agencies with such plans will carry out the 5703(b)(2) for the State activities described in and other school leader preparation pro- alignment and coordination described in subsection (c). grams to ensure that preservice teachers, such subsection; ‘‘(2) GRANT ADMINISTRATION.— principals, and other school leaders have the ‘‘(ii) give priority to local educational ‘‘(A) IN GENERAL.—Subject to subparagraph skills to implement digital learning pro- agencies that have demonstrated substantial (B), of the amount reserved by a State edu- grams effectively. need for assistance in acquiring and using cational agency under paragraph (1), the ‘‘(8) Supporting schools in rural and re- technology, based on the agency’s tech- State educational agency may reserve for mote areas to expand access to high-quality nology readiness survey; and the administration of the grant under this digital learning opportunities. ‘‘(iii) give priority to schools that serve part not more than— students in rural and remote areas, schools ‘‘(d) PURCHASING CONSORTIA.— ‘‘(i) 1 percent in the case of a State edu- identified under section 1114 as in need of ‘‘(1) IN GENERAL.—A State educational cational agency awarding subgrants under agency receiving a grant under section intervention and support and the persist- section 5706(a)(1); or 5703(b)(2) may— ently lowest-achieving schools, or schools ‘‘(ii) 3 percent in the case of a State edu- ‘‘(A) form a State purchasing consortium with a high percentage of students aged 5 cational agency awarding subgrants under through 17 who are in poverty, as counted in with 1 or more State educational agencies section 5706(a)(2). the most recent census data approved by the receiving such a grant to carry out the State ‘‘(B) SPECIAL RULE.—Notwithstanding sub- Secretary, who are eligible for a free or re- activities described in subsection (c), includ- paragraph (A), a State educational agency duced priced lunch under the Richard B. Rus- ing purchasing eligible technology; that forms a State purchasing consortium sell National School Lunch Act, in families ‘‘(B) encourage local educational agencies under subsection (d)— receiving assistance under the State pro- to form a local purchasing consortium under ‘‘(i) may reserve an additional 1 percent to gram funded under part A of title IV of the section 5706(c)(4); and carry out the activities described in sub- Social Security Act, or eligible to receive ‘‘(C) promote pricing opportunities to local section (d)(1); and medical assistance under the Medicaid pro- educational agencies for the purchase of eli- ‘‘(ii) may reserve amounts in addition to gram. gible technology that are— the percentage described in clause (i) if the ‘‘(3) DEFINITION OF LOCAL EDUCATIONAL ‘‘(i) negotiated by the State educational State purchasing consortium receives direct AGENCY FOR CERTAIN FISCAL YEARS.—For pur- agency or the State purchasing consortium approval from the local educational agencies poses of awarding subgrants under paragraph of the State educational agency; and receiving subgrants under section 5706(a) (2), the term ‘local educational agency’ ‘‘(ii) available to such local educational from the State educational agency prior to means— agencies. reserving more than the additional percent- ‘‘(A) a local educational agency; ‘‘(2) RESTRICTIONS.—A State educational age authorized under clause (i). ‘‘(B) an educational service agency; or agency receiving a grant under section ‘‘(c) STATE ACTIVITIES.—A State edu- ‘‘(C) a local educational agency and an edu- 5703(b)(2) shall not— cational agency may use funds described in cational service agency. ‘‘(A) except for promoting the pricing op- subsection (b) to carry out each of the fol- ‘‘(b) APPLICATION.—A local educational lowing: portunities described in paragraph (1)(C), agency that desires to receive a subgrant ‘‘(1) Except for the awarding of subgrants make recommendations to local educational under subsection (a) shall submit an applica- in accordance with section 5706, activities agencies for, or require, use of any specific tion to the State at such time, in such man- described in the State educational agency’s commercial products and services by local ner, and accompanied by such information as application under section 5704(b). educational agencies; the State educational agency may require, ‘‘(2) Providing technical assistance to local ‘‘(B) require local educational agencies to such as— educational agencies to— participate in a State purchasing consortia ‘‘(1) a description of how the local edu- ‘‘(A) identify and address technology readi- or local purchasing consortia; or cational agency will carry out the goals de- ness needs, as determined by the technology ‘‘(C) use more than the amount reserved scribed in subparagraphs (A) through (C) of readiness surveys; under subsection (b) to carry out the activi- section 5704(b)(1); ‘‘(B) use technology, consistent with the ties described in paragraph (1), unless the ‘‘(2) a description of the results of the tech- principles of universal design for learning, to State educational agency receives approval nology readiness survey completed by the support the learning needs of all students, in accordance with subsection (b)(2)(B). local educational agency and a description of including children with disabilities and ‘‘SEC. 5706. LOCAL SUBGRANTS. the plan for the local educational agency to English learners; ‘‘(a) SUBGRANTS.— meet the goals described in paragraph (1) ‘‘(C) build capacity for principals and local ‘‘(1) GRANTS TO LOCAL EDUCATIONAL AGEN- within 3 years of completing the survey; educational agency administrators to sup- CIES.—From the grant funds provided under ‘‘(3) a description of the local educational port teachers in using data and technology section 5703(b)(2) to a State educational agency’s technology plan to carry out para- to improve teaching and personalize learn- agency that are remaining after the State graphs (1) and (2) and how the agency will ing; educational agency makes reservations align and coordinate the activities under ‘‘(D) ensure that contractual requirements under section 5705(b) for any fiscal year and this section with other activities across the for third parties that have access to student subject to paragraph (2), the State edu- local educational agency; data, its storage, or provide analytics on stu- cational agency shall award subgrants for ‘‘(4) a description of the team of educators dent data provide privacy protections con- the fiscal year to local educational agencies who will coordinate and carry out the activi- sistent with the requirements of section 444 served by the State educational agency and ties under this section, including individuals of the General Education Provisions Act (20 with an approved application under sub- with responsibility and expertise in instruc- U.S.C. 1232g) (commonly known as the ‘Fam- section (b) by allotting to each such local tional technology, teachers who specialize in ily Educational Rights and Privacy Act of educational agency an amount that bears supporting students who are children with 1974’); and the same relationship to the remainder as disabilities and English learners, other ‘‘(E) provide tools and processes to support the amount received by the local educational school leaders, school librarians and media the creation, modification, and distribution agency under part A of title I for such year personnel, technology officers, and staff re- of open educational resources. bears to the amount received by all such sponsible for assessments and data;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00215 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.040 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5394 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(5) a description of how the local edu- learning project under this paragraph shall ing well-child visits, medical providers cational agency will build capacity for prin- provide non-Federal matching funds equal to trained in research-based methods of early cipals, other school leaders, and local edu- not less than 10 percent of the amount of language and literacy promotion provide de- cational agency administrators to support funds used to carry out such project. velopmentally appropriate books and rec- teachers in developing data literacy skills ‘‘(C) DEFINITION OF BLENDED LEARNING.—In ommendations to parents to encourage them and in implementing digital tools to support this paragraph, the term ‘blended learning’ to read aloud to their children starting in in- teaching and learning; means a formal education program that fancy; and ‘‘(6) a description of how the local edu- leverages both technology-based and face-to- ‘‘(C) programs that provide high-quality cational agency will procure content and en- face instructional approaches that— books on a regular basis to children and ado- sure content quality; and ‘‘(i) include an element of online or digital lescents from disadvantaged communities to ‘‘(7) an assurance that the local edu- learning, combined with supervised learning increase reading motivation, performance, cational agency will protect the privacy and time, and student-led learning, in which the and frequency. safety of students and teachers, consistent elements are connected to provide an inte- ‘‘(b) DEFINITIONS.—In this section: with requirements section 444 of the General grated learning experience; and ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible Education Provisions Act (20 U.S.C. 1232g) ‘‘(ii) where students are provided some con- entity’ means— (commonly known as the ‘Family Edu- trol over time, path, or pace. ‘‘(A) a local educational agency in which 20 cational Rights and Privacy Act of 1974’). ‘‘SEC. 5707. REPORTING. percent or more of the students served by ‘‘(c) USE OF FUNDS.— ‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each the local educational agency are from fami- ‘‘(1) PROFESSIONAL DEVELOPMENT IN DIGITAL local educational agency receiving a lies with an income below the poverty line; LEARNING.—Subject to paragraph (3), a local subgrant under section 5706 shall submit to ‘‘(B) a consortium of such local edu- educational agency receiving a subgrant the State educational agency that awarded cational agencies; or under subsection (a) shall use not less than such subgrant an annual report the meets ‘‘(C) an eligible national nonprofit organi- 50 percent of such funds to carry out profes- the requirements of subsection (c). zation. sional development in digital learning for ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each ‘‘(2) ELIGIBLE NATIONAL NONPROFIT ORGANI- teachers, principals, other school leaders, State educational agency receiving a grant ZATION.—The term ‘eligible national non- paraprofessionals, school librarians and under section 5703(b)(2) shall submit to the profit organization’ means an organization media personnel, specialized instructional Secretary an annual report that meets the of national scope that— support personnel, technology coordinators, requirements of subsection (c). ‘‘(A) is supported by staff, which may in- and administrators in the use of technology ‘‘(c) REPORT REQUIREMENTS.—A report sub- clude volunteers, or affiliates at the State to support student learning. mitted under subsection (a) or (b) shall in- and local levels; and ‘‘(2) TECHNOLOGY INFRASTRUCTURE.—Sub- clude, at a minimum, a description of— ‘‘(B) demonstrates effectiveness or high- ject to paragraph (3), a local educational ‘‘(1) the status of the State educational quality plans for addressing childhood lit- agency receiving a subgrant under sub- agency’s plan described in section 5704(b) or eracy activities for the population targeted section (a) shall use not less than 25 percent the local education agency’s technology plan by the grant. of such funds to support activities for the ac- under section 5706(b)(3), as applicable; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— quisition of eligible technology needed to— ‘‘(2) the categories of eligible technology There are authorized to be appropriated to ‘‘(A) except for the activities described in acquired with funds under this part and how carry out this section such sums as may be paragraph (1), carry out activities described such technology is being used; necessary for each of fiscal years 2016 in the application submitted under sub- ‘‘(3) the professional learning activities through 2021.’’. section (b), including purchasing devices, funded under this part, including types of ac- equipment, and software applications; and SEC. 5010. EARLY LEARNING ALIGNMENT AND IM- tivities and entities involved in providing PROVEMENT GRANTS. ‘‘(B) address readiness shortfalls identified such professional learning to classroom Title V (20 U.S.C. 7201 et seq.), as amended under the technology readiness survey com- teachers and other staff, such as school li- by section 5001, is further amended by insert- pleted by the local educational agency. brarians; and ing after part H, as added by section 5009, the ‘‘(3) MODIFICATION OF FUNDING ALLOCA- ‘‘(4) the types of programs funded under following: TIONS.—A State educational agency may au- this part. thorize a local educational agency to modify ‘‘PART I—EARLY LEARNING ALIGNMENT the percentage of the local educational agen- ‘‘SEC. 5708. AUTHORIZATION. AND IMPROVEMENT GRANTS ‘‘There are authorized to be appropriated cy’s subgrant funds required to carry out the ‘‘SEC. 5901. PURPOSES; DEFINITIONS. such sums as may be necessary to carry out activities described in paragraph (1) or (2) if ‘‘(a) PURPOSES.—The purposes of this part the local educational agency demonstrates this part.’’. are to assist States with— that such modification will assist the local SEC. 5009. LITERACY AND ARTS EDUCATION. ‘‘(1) more efficiently using existing Federal educational agency in more effectively car- Title V (20 U.S.C. 7201 et seq.), as amended resources to improve, strengthen, and ex- rying out such activities. by section 5001, is further amended by insert- pand existing high-quality early childhood ‘‘(4) PURCHASING CONSORTIUM.—Local edu- ing after part G, as added by section 5008, the education, as determined by the State; cational agencies receiving subgrants under following: ‘‘(2) coordinating existing funding streams subsection (a) may— ‘‘PART H—LITERACY AND ARTS and delivery models to promote— ‘‘(A) form a local purchasing consortium EDUCATION ‘‘(A) program quality, while maintaining with other such local educational agencies to ‘‘SEC. 5801. LITERACY AND ARTS EDUCATION. services; carry out the activities described in this sub- ‘‘(a) IN GENERAL.—From funds made avail- ‘‘(B) parental choice among high-quality section, including purchasing eligible tech- able under subsection (c), the Secretary may early childhood education program pro- nology; and award grants, contracts, or cooperative viders; and ‘‘(B) use such funds for purchasing eligible agreements, on a competitive basis, to eligi- ‘‘(C) early care and learning access for technology through a State purchasing con- ble entities for the purposes of promoting— children from birth to kindergarten entry; sortium under section 5705(d). ‘‘(1) arts education for disadvantaged stu- and ‘‘(5) BLENDED LEARNING PROJECTS.— dents and students who are children with ‘‘(3) improving access for children from ‘‘(A) IN GENERAL.—A local educational disabilities, through activities such as— low-income families to high-quality early agency receiving a subgrant under sub- ‘‘(A) professional development for arts edu- childhood education programs in order to en- section (a) may use such funds to carry out cators, teachers, and principals; hance school readiness. a blended learning project, which shall in- ‘‘(B) development and dissemination of in- ‘‘(b) DEFINITIONS.—In this part: clude at least 1 of the following activities: structional materials and arts-based edu- ‘‘(1) CENTER OF EXCELLENCE.—The term ‘‘(i) Planning activities, which may include cational programming, including online re- ‘Center of Excellence’ means a local public development of new instructional models (in- sources, in multiple arts disciplines; and or private nonprofit agency, including a cluding blended learning technology soft- ‘‘(C) community and national outreach ac- community-based or faith-based organiza- ware and platforms), the purchase of digital tivities that strengthen and expand partner- tion, or a for-profit agency, within a commu- instructional resources, initial professional ships among schools, local educational agen- nity, that provides early learning and care development activities, and one-time infor- cies, communities, or national centers for services in the State, including the use of mation technology purchases, except that the arts; and best practices for— such expenditures may not include expendi- ‘‘(2) literacy programs that support the de- ‘‘(A) achieving school readiness, including tures related to significant construction or velopment of literacy skills in low-income the development of early literacy and math- renovation of facilities. communities, including— ematics skills; ‘‘(ii) Ongoing professional development for ‘‘(A) developing and enhancing effective ‘‘(B) acquisition of English language skills; teachers, principals, other school leaders, or school library programs, which may include and other personnel involved in the project that providing professional development for ‘‘(C) providing high-quality comprehensive is designed to support the implementation school librarians, books, and up-to-date ma- services for eligible children and their fami- and academic success of the project. terials to low-income schools; lies. ‘‘(B) NON-FEDERAL MATCH.—A local edu- ‘‘(B) early literacy services, including pedi- ‘‘(2) ELIGIBLE CHILD.—The term ‘eligible cational agency that carries out a blended atric literacy programs through which, dur- child’ means an individual—

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00216 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.040 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5395 ‘‘(A) who is less than 6 years of age; and ‘‘(B) whose family income does not exceed ‘‘(C) child care programs carried out under ‘‘(B) whose family income does not ex- 130 percent of the poverty line. the Child Care and Development Block Grant ceed— ‘‘(4) DURATION OF GRANTS.—A grant award- Act of 1990 (42 U.S.C. 9858 et seq.) or section ‘‘(i) 200 percent of the poverty line; ed under this section shall be for a period of 418 of the Social Security Act (42 U.S.C. 618); ‘‘(ii) 85 percent of the State median income not more than 3 years and may not be re- ‘‘(D) other Federal, State, local, and Indian for a family of the same size, and whose fam- newed by the Secretary. tribe or tribal organization programs of ily assets do not exceed $1,000,000 (as cer- ‘‘(5) LIMITATION.— early learning, childhood education, child tified by a member of such family); or ‘‘(A) IN GENERAL.—Except as provided in care, and development in the State; and ‘‘(iii) a State-determined threshold for eli- subparagraph (B), a State may receive a ‘‘(E) as applicable— gibility that does not exceed the thresholds grant under this section once. ‘‘(i) programs carried out under other pro- in clauses (i) and (ii). ‘‘(B) EXCEPTION.—Notwithstanding sub- visions of this Act; ‘‘(3) ELIGIBLE PARTNERSHIP.—The term ‘eli- paragraph (A), a State may receive more ‘‘(ii) programs carried out under subtitle A gible partnership’ means a partnership that, than 1 grant under this section only— of title XX of the Social Security Act (42 at a minimum, includes, as applicable and ‘‘(i) if the State is proposing, for such addi- U.S.C. 1397 et seq.); appropriate, the State Advisory Council on tional grants, to carry out activities for eli- ‘‘(iii) programs carried out under the Com- Early Childhood Education and Care estab- gible children living in rural areas; or munity Services Block Grant Act (42 U.S.C. lished under section 642B(b) of the Head ‘‘(ii) after all States, which meet the re- 9901 et seq.); Start Act, and all of the following partners, quirements and have submitted an applica- ‘‘(iv) programs serving homeless children which may be represented on the Council: tion under this section, have received a and services of local educational agency liai- ‘‘(A) One or more public and private (in- grant, to the extent that funds for a grant sons for homeless children and youths des- cluding nonprofit or for-profit) providers of are still available. ignated under section 722(g)(1)(J)(ii) of the early childhood education that serve eligible ‘‘(6) EQUITABLE DISTRIBUTION.—To the ex- McKinney-Vento Homeless Assistance Act children residing in the State and meet ap- tent practicable, the Secretary shall ensure (42 U.S.C. 11432(g)(1)(J)(ii)); plicable standards of licensing and quality as an equitable geographic distribution of ‘‘(v) State agencies and programs serving determined by the State. grants under this section. children in foster care and the foster fami- lies of such children; and ‘‘(B) One or more Head Start agencies, ‘‘(b) STATE REQUIREMENTS.— ‘‘(vi) child care programs funded through which may include Early Head Start, mi- ‘‘(1) LEAD AGENCY.— State veterans affairs offices; grant and seasonal Head Start, and Indian ‘‘(A) DESIGNATION.—A State desiring a ‘‘(4) a description of how the State pro- Head Start agencies that serve eligible chil- grant under this section shall designate an poses to coordinate such resources and pro- dren residing in the State. agency (which may be an appropriate col- grams identified under paragraph (3) in order ‘‘(C) The State educational agency. laborative agency) or establish a joint inter- to meet the purposes of this part; ‘‘(D) Other relevant State agencies with agency office, that complies with the re- ‘‘(5) a description of how the State will oversight of preschool, early education, and quirements of subparagraph (B), to serve as a identify early childhood education program child care in the State. lead agency for the State under this section. providers that demonstrate a high level of ‘‘(E) One or more local educational agen- ‘‘(B) DUTIES.—The lead agency designated cies in the State. quality; under subparagraph (A) shall— ‘‘(6) a description of how the State will de- ‘‘(F) One or more institutions of higher ‘‘(i) administer, directly or through other fine eligible children, in accordance with sec- education in the State. governmental or nongovernmental agencies, tion 5901(b)(2); ‘‘(G) One or more representatives of busi- the Federal assistance received under this ‘‘(7) a description of how the State will ex- ness in the State. section by the State; pand access to existing high-quality early ‘‘(4) INSTITUTION OF HIGHER EDUCATION.— ‘‘(ii) develop the application submitted to learning and care for eligible children in the The term ‘institution of higher education’ the Secretary under subsection (c); and State or, if no high-quality early learning has the meanings given the term in section ‘‘(iii) coordinate the provision of activities and care is accessible for eligible children, 101 and subparagraphs (A) and (B) of section under this section with existing Federal, expand access to high-quality early learning 102(a)(1) of the Higher Education Act of 1965. State, and local early childhood education and care for such children; ‘‘SEC. 5902. EARLY LEARNING ALIGNMENT AND programs. ‘‘(8) in the case of a State that has elected IMPROVEMENT GRANTS. ‘‘(2) PARTNERS.—In order to be eligible for to use funds under this section to designate ‘‘(a) GRANTS AUTHORIZED.— a grant under this section, a State shall Centers of Excellence— ‘‘(1) IN GENERAL.—From amounts made partner with an eligible partnership. ‘‘(A) an assurance that the State will des- available under section 5903, the Secretary, ‘‘(3) MATCHING REQUIREMENT.—Each State ignate an entity, such as an agency, an insti- in consultation with the Secretary of Health that receives a grant under this part shall tution of higher education, a consortium of and Human Services, shall award grants, on provide from Federal or non-Federal sources local educational agencies or Head Start a competitive basis, to States to enable the (which may be provided in cash or in kind) to centers, or another entity, to designate early States to carry out the activities described carry out the activities supported by the childhood education programs as Centers of in subsection (d). grant, an amount equal to— Excellence; ‘‘(2) RESERVATION FOR STATES SERVING ‘‘(A) 30 percent of the amount of the grant ‘‘(B) an assurance that the designee will RURAL AREAS.—From the amounts appro- in the first year of such grant; and meet the definition of a Center of Excel- priated under section 5903 for a fiscal year, ‘‘(B) not less than 30 percent of the amount lence; the Secretary shall reserve not less than 30 of the grant in each of the second and third ‘‘(C) a description of the process by which percent for grants to States that propose to years of such grant, respectively. an entity that carries out an early childhood carry out the activities described in sub- ‘‘(c) APPLICATIONS.—A State desiring a education program would be designated as a section (d) for eligible children living in grant under this section shall submit an ap- Center of Excellence, including evidence that rural areas. The Secretary shall reduce the plication at such time, in such manner, and the early childhood education program in- amount described in the preceding sentence containing such information as the Sec- volved has demonstrated excellence in pro- if the Secretary does not receive a sufficient retary may reasonably require. The applica- gram delivery in a manner designed to im- number of applications that are deserving of tion shall include— prove the school readiness of children who a grant under this part for such purpose. ‘‘(1) an identification of the lead agency have participated in the program; and ‘‘(3) RESERVATION FOR EVALUATION.—From that the Governor of the State has appointed ‘‘(D) a description of how the State will as- the amounts appropriated under section 5903 to be responsible for the grant under this sist Centers of Excellence in the dissemina- for a fiscal year, the Secretary shall reserve section; tion of best practices; one-half of 1 percent to conduct, in consulta- ‘‘(2) a description of the eligible partner- ‘‘(9) a description of the measurable out- tion with the Secretary of Health and ship required under subsection (b)(2), which comes and anticipated levels of performance Human Services, an evaluation to determine will assist the State in developing the plan for such outcomes, as determined by the whether grants under this part are— and implementing the activities under this State, in the areas of program coordination, ‘‘(A) improving efficiency in the use of part; program quality improvement, and increased Federal funds for early childhood education ‘‘(3) to the extent practicable, the access to high-quality programs, that the programs; unduplicated counts of the number of eligi- State will use to evaluate the coordinated ‘‘(B) improving coordination across Fed- ble children served using existing Federal, statewide or locally implemented system of eral early childhood education programs; and State, and local resources and programs that voluntary early care and learning supported ‘‘(C) increasing the availability of, and ac- the State will coordinate to meet the pur- by the grant; cess to, high-quality early childhood edu- poses of this part, including— ‘‘(10) an assurance that the State will pro- cation programs for eligible children. ‘‘(A) programs carried out under the Head vide technical assistance to partners on ‘‘(3) PRIORITY.—In awarding grants under Start Act, including the Early Head Start methods by which Federal and State early this section, the Secretary shall give pri- programs carried out under such Act; learning and care funding can be coordinated ority to a State that will use funds under ‘‘(B) programs carried out under section and lead to cost-saving and efficiencies this grant to focus on eligible children— 619 and parts B and C of the Individuals with strategies, such as through entities admin- ‘‘(A) who are 3 and 4 years of age; and Disabilities Education Act; istering shared services, and other methods

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00217 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.040 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5396 CONGRESSIONAL RECORD — SENATE July 21, 2015 that will enhance the quality of the early ‘‘(II) the acquisition of the English lan- report containing the information described childhood education programs in the State; guage for English learners; or in subsection (e) for all States receiving ‘‘(11) a description of how the State will ‘‘(III) providing high-quality comprehen- funds under this part. sustain early learning and care activities co- sive services to low-income and at-risk chil- ‘‘(g) LIMITATIONS ON FEDERAL INTER- ordinated under this section, including for dren and their families; FERENCE.—Nothing in this part shall be con- rural areas in the State, if applicable, once ‘‘(ii) coordinating early education, child strued to authorize the Secretary to estab- grant funding is no longer available under care, and other social services available in lish any criterion that specifies, defines, or this section; the State and local communities for low-in- prescribes— ‘‘(12) a description of the process that the come and at-risk children and families; or ‘‘(1) early learning and development guide- State proposes to use to collect and dissemi- ‘‘(iii) providing effective transitions be- lines, standards, or specific assessments, in- nate, to parents and the general public, con- tween preschool programs and elementary cluding the standards or measures that sumer information that will promote in- schools, including by facilitating ongoing States use to develop, implement, or im- formed early learning and care choices in the communication between early education and prove such guidelines, standards, or assess- State; elementary school teachers and by improv- ments; ‘‘(13) a description of how the State will ing the ability of teachers to work effec- ‘‘(2) specific measures or indicators of serve eligible children residing in rural tively with low-income and at-risk children quality early learning and care, including— areas, if applicable; and their families. ‘‘(A) the systems that States use to assess ‘‘(14) a description of how the State will ‘‘(E) Expanding existing high-quality early the quality of early childhood education pro- support, through the use of professional de- education and care for infants and toddlers grams and providers, school readiness, and velopment, early childhood education pro- or, if no high-quality early education and achievement; and grams that maintain disciplinary policies care is accessible for infants and toddlers, ‘‘(B) the term ‘high-quality’ early learning that do not include expulsion or suspension expand access to high-quality education and or care; of participating children, except as a last re- care. ‘‘(3) early learning or preschool cur- sort in extraordinary circumstances where— ‘‘(F) Developing, implementing, or coordi- riculum, program of instruction, or instruc- ‘‘(A) there is a determination of a serious nating programs or strategies determined by tional content; safety threat; and the State to increase the involvement of the ‘‘(4) teacher and staff qualifications and ‘‘(B) policies are in place to provide appro- parents and family of an eligible child in the salaries; priate alternative early educational services education of the child, such as programs or ‘‘(5) class sizes and child-to-instructional to expelled or suspended children while they strategies that— staff ratios; and are out of school; and ‘‘(i) encourage effective ongoing commu- ‘‘(6) any aspect or parameter of a teacher, ‘‘(15) an assurance that funds made avail- nication between such children and the par- principal, other school leader, or staff eval- able under this part shall be used to supple- ents and families of such children, early uation system within a State or local edu- ment, and not supplant, any other Federal, childhood education providers, early learn- cational agency. State, or local funds that would otherwise be ing administrators, and other early child- ‘‘SEC. 5903. AUTHORIZATION OF APPROPRIA- available to carry out the activities assisted hood education personnel; and TIONS. under this part. ‘‘(ii) promote active participation of par- ‘‘There are authorized to be appropriated ents, families, and communities as partners ‘‘(d) USE OF FUNDS.— to carry out this part such sums as may be in the education of such children. ‘‘(1) IN GENERAL.—A State that receives a necessary for each of fiscal years 2016 ‘‘(G) Carrying out other strategies deter- grant under this part shall use the grant through 2021.’’ mined by the State to improve access to, and funds to develop, implement, or improve a ‘‘PART J—INNOVATION SCHOOLS expand the overall quality of, a coordinated coordinated statewide or locally imple- DEMONSTRATION AUTHORITY State or locally designed system of vol- mented system of voluntary early care and untary early learning and care services in ‘‘SEC. 5910. INNOVATION SCHOOLS. learning, which includes a plan— the State, such as pay for success initiatives ‘‘(a) PURPOSE.—The purpose of the flexi- ‘‘(A) for coordinating funding available that promote coordination among existing bility authority under this part is to provide through existing Federal, State, and local programs and meet the purposes of this part. local educational agencies with the flexi- sources; and ‘‘(3) PRIORITY.—The activities implemented bility to create locally-designed innovation ‘‘(B) that is designed in collaboration with by a State under this subsection shall schools in order to achieve increased auton- an eligible partnership. prioritize parental choice of providers and omy and support for innovation schools. ‘‘(2) AUTHORIZED ACTIVITIES.—Grant funds evidence-based practices for improving early ‘‘(b) DEFINITIONS.—In this part: under this section may be used for the fol- learning program quality and access, to the ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible lowing: extent permitted under State and local law. entity’ means a local educational agency ‘‘(A) Aligning existing Federal, State, and ‘‘(e) REPORTING.—A State that receives a that receives a local flexibility agreement local funding and resources with a statewide grant under this part shall submit to the under this part. or locally designed system for delivering Secretary, at such time and in such manner ‘‘(2) ELIGIBLE STATE EDUCATIONAL AGEN- high-quality early learning and care for eli- as the Secretary may reasonably require, an CY.—The term ‘eligible State educational gible children in the State, including devel- annual report that includes— agency’ means a State educational agency oping evidence-based practices to improve ‘‘(1) the number and percentage of children that has adopted policies or procedures that staff quality, instructional programming, who are served in high-quality early child- allow the development, consideration, and and time in program which may include the hood education programs, as identified by approval of innovation school plans, con- use of shared services models. the State, during each year of the grant du- sistent with the provisions of this part. ‘‘(B) Analyzing needs for expanded access ration using funds from— ‘‘(3) INNOVATION SCHOOL.—The term ‘inno- to existing high-quality early childhood edu- ‘‘(A) only this part, as applicable; vation school’ means a public school that— cation programs in the State, including child ‘‘(B) the Child Care and Development ‘‘(A) is established for the purpose of gen- care, preschool, and Early Head Start, Head Block Grant Act of 1990 (42 U.S.C. 9858 et erating enhanced opportunities for students Start, and special education for all children, seq.) or section 418 of the Social Security Act to learn and achieve through increased edu- particularly low-income children. (42 U.S.C. 618); cator and school-level professional auton- ‘‘(C) Developing or expanding eligible part- ‘‘(C) the Head Start Act; and omy and flexibility; nerships to— ‘‘(D) other public and private providers, as ‘‘(B) is a collaborative initiative enjoying ‘‘(i) expand access for eligible children to applicable; strong buy-in, pursuant to subparagraphs (F) existing high-quality providers or programs ‘‘(2) the quality improvements undertaken and (G) of subsection (f)(1), from key stake- or, if no high-quality early learning and care at the State level; holders, including parents, education em- is accessible for eligible children, expand ac- ‘‘(3) the extent to which funds are being ployees, and representatives of such employ- cess to high-quality early learning and care blended with other public and private fund- ees, where applicable; for eligible children; ing; ‘‘(C) ensures equitable access for all stu- ‘‘(ii) share best practices; and ‘‘(4) the progress made regarding the meas- dent populations; ‘‘(iii) ensure that parents have maximum urable outcomes and the anticipated levels ‘‘(D) operates with the same degree of choices in selecting the providers that meet of performance selected by the State under transparency and is held to the same ac- their individual needs, consistent with State subsection (c)(9); and countability standards applicable to other and local laws. ‘‘(5) any other ways in which funds are schools in the school district served by the ‘‘(D) Developing or expanding Centers of used to meet the purposes of this part. local educational agency that serves the in- Excellence for the purposes of— ‘‘(f) REPORT TO CONGRESS.—The Secretary, novation school; and ‘‘(i) disseminating best practices for in consultation with the Secretary of Health ‘‘(E) is not a magnet school. achieving early academic success in the and Human Services, shall prepare and sub- ‘‘(c) AUTHORITY.— State, including best practices for— mit to the Committee on Health, Education, ‘‘(1) IN GENERAL.—Except as provided in ‘‘(I) achieving school readiness, including Labor, and Pensions of the Senate and the paragraph (2), the Secretary is authorized to developing early literacy and mathematics Committee on Education and the Workforce allow eligible State educational agencies to skills; of the House of Representatives a biennial receive flexibility authority to provide local

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00218 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.040 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5397 educational agencies with flexibility agree- ‘‘(I) a description of the application each tions, public review, and additional informa- ments if such eligible State educational local educational agency desiring to enter tion applicable to State plans under para- agencies— into such a flexibility agreement will sub- graphs (3), (4), (5), (6), (7), and (8)(B) of sec- ‘‘(A) demonstrate that flexibility agree- mit, which application shall include— tion 1111(a) shall apply in the same manner ments are necessary for the successful oper- ‘‘(aa) the school innovation plan; to State applications submitted under this ation of innovation schools; and ‘‘(bb) a description of the roles and respon- subsection. ‘‘(B) provide a description of any State or sibilities of local educational agencies and of ‘‘(f) LOCAL EDUCATIONAL AGENCY APPLICA- local rules, generally applicable to public any other organizations with which the local TIONS AND REQUIREMENTS.—A local edu- schools, that will be waived, or otherwise not educational agency will partner to open in- cational agency that desires to enter into a apply, to innovation schools. novation schools, including administrative local flexibility agreement shall submit to ‘‘(2) EXCEPTION.—Flexibility authority and and contractual roles and responsibilities; the State educational agency such informa- flexibility agreements shall not be granted ‘‘(cc) a description of the quality controls tion that the State educational agency shall under paragraph (1) with respect to any pro- that will be used by the local educational require, including— vision under part B of the Individuals with agency, such as a contract or performance ‘‘(1) the plans for all approved innovation Disabilities Education Act, title VI of the agreement that includes a school’s perform- schools to be served by the local educational Civil Rights Act of 1964, or section 504 of the ance in the State’s academic accountability agency, which shall include— Rehabilitation Act of 1973. system and impact on student achievement; ‘‘(A) a statement of the innovations school’s mission and why designation as an ‘‘(d) SELECTION OF LOCAL EDUCATIONAL ‘‘(dd) a description of the planned activi- innovation school would enhance the AGENCIES.—Each eligible State educational ties to be carried out under the flexibility school’s ability to achieve its mission; agency receiving flexibility authority under agreement; and ‘‘(B) a description of the innovations the subsection (c) shall, to the extent prac- ‘‘(ee) a description of waivers and other public school would implement, which may ticable and applicable, ensure that local flexibility needed to implement the school innovation plan; and include, innovations in school staffing, cur- flexibility agreements made with eligible en- riculum and assessment, class scheduling tities— ‘‘(II) a description of how the State edu- cational agency will review applications and size, use of financial and other resources, ‘‘(1) prioritize local educational agencies and faculty recruitment, employment, eval- that— from local educational agencies. ‘‘(B) STATE ASSURANCES.—Assurances from uation, compensation, and extracurricular ‘‘(A) serve the largest numbers or percent- the State educational agency that— activities; ages of students from low-income families; ‘‘(i) each eligible entity will ensure that ‘‘(C) if the innovation school seeks to es- or innovation schools have a high degree of au- tablish an advisory board, a description of— ‘‘(B) will use the provided flexibility for in- tonomy over budget and operations; ‘‘(i) the membership of the board (which novative strategies in schools identified as ‘‘(ii) the State educational agency— may include representatives of teachers, par- in need of intervention and support under ‘‘(I) and each eligible entity entering into ents, students, the local educational agency, section 1114; and a local flexibility agreement under this sec- the State educational agency, the business ‘‘(2) are geographically diverse, including tion will ensure that each innovation school community, institutions of higher education, provided to local educational agencies serv- that receives funds under the entity’s pro- or other community representatives); ing urban, suburban, or rural areas. gram is meeting the requirements of this ‘‘(ii) its responsibilities in designing and ‘‘(e) STATE APPLICATIONS AND REQUIRE- Act, part B of the Individuals with Disabil- furthering the mission of the innovation MENTS.— ities Education Act, title VI of the Civil school; and ‘‘(1) IN GENERAL.—An eligible State edu- Rights Act of 1964, and section 504 of the Re- ‘‘(iii) how the board will ensure coordina- cational agency desiring to receive flexi- habilitation Act of 1973; and tion with the local educational agency and bility authority under this part shall submit ‘‘(II) will ensure that each eligible entity State educational agency; an application to the Secretary at such time adequately monitors and provides adequate ‘‘(D) a listing of the programs, policies, or and in such manner as the Secretary may re- technical assistance to each innovation operational documents within the public quire. The application shall include the fol- school in recruiting, enrolling, and meeting school that would be affected by the public lowing: the needs of all students, including children school’s identified innovations and the man- ‘‘(A) DESCRIPTION OF PROGRAM.—A descrip- with disabilities and English learners; ner in which they would be affected, which tion of the eligible State educational agen- ‘‘(iii) the State educational agency will en- shall include— cy’s objectives in supporting innovation sure that the eligible entity will monitor in- ‘‘(i) the research-based educational pro- schools, and how the objectives of the pro- novation schools, including by— gram the school would implement; gram will be carried out, including— ‘‘(I) using annual performance data, includ- ‘‘(ii) the length of school day and school ‘‘(i) a description of how the State edu- ing graduation rates and student academic year at the school; cational agency will— achievement data, as appropriate; ‘‘(iii) the student engagement policies to ‘‘(I) support the success of innovation ‘‘(II) if applicable, reviewing the schools’ be implemented at the school; schools; independent, annual audits of financial ‘‘(iv) the school’s instruction and assess- ‘‘(II) inform local educational agencies, statements conducted in accordance with ment plan; communities, and schools of the opportunity generally accepted accounting principles, ‘‘(v) the school’s plan to use data, evalua- for local flexibility agreements under this and ensuring any such audits are publically tion, and professional learning to improve part; reported; and student achievement; ‘‘(III) work with eligible entities to ensure ‘‘(III) holding innovation schools account- ‘‘(vi) the proposed budget for the school; that innovation schools access all Federal, able to the academic, financial, and oper- ‘‘(vii) the proposed staffing plan or staff State, and local funds such schools are eligi- ational quality controls outlined in the inno- compensation model for the school; and ble to receive; vation plan, such as through renewal, non- ‘‘(viii) the professional development needs ‘‘(IV) work with eligible entities to ensure renewal, or revocation of the school’s inno- of leaders and staff to implement the pro- that innovation schools receive waivers to vation plan; gram and how those needs will be addressed; all Federal, State, and local laws necessary ‘‘(iv) the State educational agency will en- ‘‘(E) an identification of the improvements to implement innovation schools’ innovation sure that, to the greatest extent possible, in academic performance that the school ex- plans; State and local rules, generally applicable to pects to achieve in implementing the innova- ‘‘(V) ensure each eligible entity works with public schools, will be waived, or otherwise tions; innovation schools to ensure inclusion of all not apply, to the extent necessary, to inno- ‘‘(F) evidence that a majority of the ad- students and promote retention of students vation plans at each innovation school; ministrators employed at the public school in the school; and ‘‘(v) eligible entities will ensure that each support the request for designation as an in- ‘‘(VI) share best and promising practices innovation school makes publicly available novation school; among innovation schools and other schools; information to help parents make informed ‘‘(G) evidence that not less than two-thirds ‘‘(ii) a description of how the State edu- decisions about the education options avail- of the regularly employed employees at the cational agency will actively monitor each able to their children, including information school vote by secret ballot to approve the eligible entity in a local flexibility agree- on the educational program, student support school’s innovation school plan; ment to hold innovation schools accountable services, and annual performance and enroll- ‘‘(H) evidence that the school has strong to ensure a high-quality education, including ment data for students in the innovation parental support, demonstrated in a manner by approving, re-approving, and revoking the school; and determined appropriate by the State edu- innovation plan and its attendant flexibility ‘‘(vi) the State educational agency con- cational agency; based on the performance of the innovation sulted with local educational agencies, ‘‘(I) a description of any regulatory or pol- school, in the areas of student achievement, schools, teachers, principals, other school icy requirements that would need to be student safety, financial management, and leaders, and parents in developing the State waived for the public school to implement compliance with all applicable statutes; and application. its identified innovations; and ‘‘(iii) a description of how the State edu- ‘‘(2) ADDITIONAL ELEMENTS.—The provisions ‘‘(J) any additional information required cational agency will approve local flexibility of peer review, approval, determination, by the local educational agency in which the agreements, including— demonstration, revision, disapproval, limita- innovation plan would be implemented;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00219 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.040 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5398 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(2) a description of any rules or regula- governing innovation schools served under additional qualified services at 2 or more tions that the local educational agency will this part. public elementary schools or secondary waive in order to provide autonomy to the ‘‘(j) DURATION OF FLEXIBILITY DEMONSTRA- schools; innovation schools and why waiving such TION AUTHORITY AND AGREEMENTS.— ‘‘(2) integrate multiple services into a com- regulations will benefit students; ‘‘(1) FLEXIBILITY DEMONSTRATION AUTHOR- prehensive, coordinated continuum sup- ‘‘(3) a description of any State regulations ITY.—Flexibility demonstration authority ported by research-based activities which that the local educational agency seeks to under this part shall be awarded for a period achieve the performance goals established waive in order to provide autonomy to inno- that shall not exceed 5 fiscal years, and may under subsection (c)(4)(E) to meet the holis- vation schools, and why waiving such regula- be renewed by the Secretary for 1 additional tic needs of children; and tions will benefit students; and 2-year period. ‘‘(3) if applicable, coordinate and integrate ‘‘(4) a description of the process that the ‘‘(2) LOCAL FLEXIBILITY AGREEMENTS.— services provided by community-based orga- local educational agency will use to regu- Local flexibility agreements awarded by an nizations and government agencies with larly review the progress of innovation eligible State educational agency under this services provided by specialized instruc- schools, including student performance and part shall be for a period of not more than 5 tional support personnel. performance in the State’s accountability years.’’. ‘‘(c) APPLICATION.—To seek a grant under system and decide whether to revoke or con- SEC. 5011. FULL-SERVICE COMMUNITY SCHOOLS. this section, an eligible entity shall submit tinue the innovation school’s autonomy. Title V (20 U.S.C. 7201 et seq.) is amended an application to the Secretary at such time ‘‘(g) TEACHER CERTIFICATION REQUIRE- by adding at the end the following: and in such manner as the Secretary may re- MENTS.— ‘‘PART K—FULL-SERVICE COMMUNITY quire. The Secretary shall require that each ‘‘(1) IN GENERAL.—Notwithstanding any SCHOOLS such application include the following: other provision of this part, except as pro- ‘‘(1) A description of the eligible entity. ‘‘SEC. 5911. SHORT TITLE. vided under paragraph (2), not more than 5 ‘‘(2) A memorandum of understanding ‘‘This part may be cited as the ‘Full-Serv- percent of the teachers in an innovation among all partner entities that will assist ice Community Schools Act of 2015’ school granted flexibility under this part the eligible entity to coordinate and provide may be unlicensed or uncertified at any one ‘‘SEC. 5912. PURPOSES. qualified services and that describes the time. Such unlicensed or uncertified teach- ‘‘The purposes of this title are to— roles the partner entities will assume. ers shall become licensed or certified within ‘‘(1) improve student learning and develop- ‘‘(3) A description of the capacity of the el- 3 years of being hired. ment by providing supports for students that igible entity to coordinate and provide quali- ‘‘(2) STATE REQUIREMENTS.—Innovation enable them to graduate college- and career- fied services at 2 or more full-service com- schools located in a State with a more le- ready; munity schools. nient teacher license or certification re- ‘‘(2) provide support for the planning, im- ‘‘(4) A comprehensive plan that includes quirement than the requirement described in plementation, and operation of full-service descriptions of the following: paragraph (1) may hire teachers in accord- community schools; ‘‘(A) The student, family, and school com- ance with State teacher license or certifi- ‘‘(3) improve the coordination and integra- munity to be served, including information cation requirements. tion, accessibility, and effectiveness of serv- about demographic characteristics that in- ‘‘(h) REPORTING REQUIREMENTS AND AS- ices for children and families, particularly clude major racial and ethnic groups, median SESSMENTS.— for students attending high-poverty schools, family income, percentage of students eligi- ‘‘(1) REPORTING.—Each eligible State edu- including high-poverty rural schools; ble for free- and reduced-price lunch under cational agency receiving the flexibility au- ‘‘(4) enable educators and school personnel the Richard B. Russell National School thority granted by the Secretary under this to complement and enrich efforts to improve Lunch Act, and other information. section shall submit to the Secretary, at the academic achievement and other results; ‘‘(B) A needs assessment that identifies the end of the third year of the demonstration ‘‘(5) ensure that children have the physical, academic, physical, social, emotional, period and at the end of any renewal period, social, and emotional well-being to come to health, mental health, and other needs of a report that includes the following: school ready to engage in the learning proc- students, families, and community residents. ‘‘(A) The number of students served by ess every day; ‘‘(C) A community assets assessment which each innovation school under this part and, ‘‘(6) promote and enable family and com- identifies existing resources, as of the date of if applicable, the number of new students munity engagement in the education of chil- the assessment, that could be aligned. served during each year of the demonstra- dren; ‘‘(D) The most appropriate metric to de- tion period, expressed as a total number and ‘‘(7) enable more efficient use of Federal, scribe the plan’s reach within a community as a percentage of the students enrolled in State, local, and private sector resources using either— the State and relevant local educational that serve children and families; ‘‘(i) the number of families and students to agencies. ‘‘(8) facilitate the coordination and inte- be served, and the frequency of services; or ‘‘(B) The number of innovation schools gration of programs and services operated by ‘‘(ii) the proportion of families and stu- served under this part. community-based organizations, nonprofit dents to be served, and the frequency of serv- ‘‘(C) An overview of the innovations imple- organizations, and State, local, and tribal ices. mented in the innovation schools and the in- governments; ‘‘(E) Yearly measurable performance goals, novation school zones in the districts of in- ‘‘(9) engage students as resources to their including an increase in the percentage of novation. communities; and families and students targeted for services ‘‘(D) An overview of the academic perform- ‘‘(10) engage the business community and each year of the program, which are con- ance of the students served in innovation other community organizations as partners sistent with the following objectives: schools, including a comparison between the in the development and operation of full- ‘‘(i) Children are ready for school. students’ academic performance before and service community schools. ‘‘(ii) Students are engaged and achieving since implementation of the innovations. ‘‘SEC. 5913. DEFINITION OF FULL-SERVICE COM- academically. ‘‘(2) EVALUATION.—The Director of the In- MUNITY SCHOOL. ‘‘(iii) Students are physically, mentally, stitute of Education Sciences (or a com- ‘‘In this part, the term ‘full-service com- socially, and emotionally healthy. parable, independent research organization) munity school’ means a public elementary ‘‘(iv) Schools and neighborhoods are safe shall conduct an evaluation of the program school or secondary school that— and provide a positive climate for learning under this part after year 3 and 5 of the pro- ‘‘(1) participates in a community-based ef- that is free from bullying or harassment. gram and every 2 years thereafter. fort to coordinate and integrate educational, ‘‘(v) Families are supportive and engaged ‘‘(i) RULE OF CONSTRUCTION AND PROHIBI- developmental, family, health, and other in their children’s education. TIONS.— comprehensive services through community- ‘‘(vi) Students and families are prepared ‘‘(1) RULE OF CONSTRUCTION REGARDING EM- based organizations and public and private for postsecondary education and 21st century PLOYMENT.—Nothing in this part shall be partnerships; and careers. construed to alter or otherwise affect the ‘‘(2) provides access to such services to stu- ‘‘(vii) Students are contributing to their rights, remedies, and procedures afforded dents, families, and the community, such as communities. school or school district employees under access during the school year (including ‘‘(F) Performance measures to monitor Federal, State or local laws (including appli- before- and after-school hours and week- progress toward attainment of the goals es- cable regulations or court orders) or under ends), as well as during the summer. tablished under subparagraph (E), including the terms of collective bargaining agree- ‘‘SEC. 5914. LOCAL PROGRAMS. a combination of the following, to the extent ments, memoranda of understanding, or ‘‘(a) GRANTS.—The Secretary may award applicable: other agreements between such employees grants to eligible entities to assist public el- ‘‘(i) Multiple objective measures of student and their employers. ementary schools or secondary schools to achievement, including assessments, class- ‘‘(2) PROHIBITION ON FEDERAL INTERFERENCE function as full-service community schools. room grades, and other means of assessing WITH STATE AND LOCAL DECISIONS.—Nothing ‘‘(b) USE OF FUNDS.—Grants awarded under student performance. in this part shall be construed to permit the this section shall be used to— ‘‘(ii) Attendance (including absences re- Secretary to establish any criterion that ‘‘(1) coordinate not less than 3 existing lated to illness and truancy) and chronic ab- specifies, defines, or prescribes the terms qualified services and provide not less than 2 senteeism rates.

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‘‘(iii) Disciplinary actions against stu- ‘‘(e) PRIORITY.—In awarding grants under ‘‘(S) Adult education, including instruction dents, including suspensions and expulsions. this section, the Secretary shall give pri- in English as a second language. ‘‘(iv) Access to health care and treatment ority to eligible entities that— ‘‘(T) Juvenile crime prevention and reha- of illnesses demonstrated to impact aca- ‘‘(1)(A) will serve a minimum of 2 or more bilitation programs. demic achievement. full-service community schools eligible for a ‘‘(U) Specialized instructional support ‘‘(v) Performance in making progress to- schoolwide program under section 1113(c), as services. ward intervention services goals as estab- part of a community- or district-wide strat- ‘‘(V) Homeless prevention services. lished by specialized instructional support egy; or ‘‘(W) Other services consistent with this personnel. ‘‘(B) include a local educational agency part. ‘‘(vi) Participation rates by parents and that satisfies the requirements of— ‘‘SEC. 5915. STATE PROGRAMS. family members in school-sanctioned activi- ‘‘(i) subparagraph (A) or (B) of section ties and activities that occur as a result of 6211(b)(1); or ‘‘(a) GRANTS.—The Secretary may award community and school collaboration, as well ‘‘(ii) subparagraphs (A) and (B) of section grants to State collaboratives to support the as activities intended to support adult edu- 6221(b)(1); and development of full-service community cation and workforce development. ‘‘(2) will be connected to a consortium school programs in accordance with this sec- ‘‘(vii) Number and percentage of students comprised of a broad representation of tion. and family members provided services under stakeholders, or a consortium demonstrating ‘‘(b) USE OF FUNDS.—Grants awarded under this part. a history of effectiveness. this section shall be used only for the fol- ‘‘(viii) Valid measures of postsecondary ‘‘(f) GRANT PERIOD.—Each grant awarded lowing: education and career readiness. under this section shall be for a period of 5 ‘‘(1) Developing a State comprehensive re- ‘‘(ix) Service-learning and community years and may be renewed at the discretion sults and indicators framework to imple- service participation rates. of the Secretary based on the eligible enti- ment full-service community schools, con- ‘‘(x) Student satisfaction surveys. ty’s demonstrated effectiveness in meeting sistent with performance goals described in ‘‘(G) Qualified services, including existing the performance goals and measures estab- section 5914(c)(4)(E). and additional qualified services, to be co- lished under subparagraphs (E) and (F) of ‘‘(2) Planning, coordinating, and expanding ordinated and provided by the eligible entity subsection (c)(4). the development of full-service community and its partner entities, including an expla- ‘‘(g) PLANNING.—The Secretary may au- schools in the State, particularly such thorize an eligible entity to use grant funds nation of— schools in high-poverty local educational under this section for planning purposes in ‘‘(i) why such services have been selected; agencies, including high-poverty rural local an amount not greater than 10 percent of the ‘‘(ii) how such services will improve stu- educational agencies. total grant amount. dent academic achievement; and ‘‘(3) Providing technical assistance and ‘‘(h) MINIMUM AMOUNT.—The Secretary ‘‘(iii) how such services will address per- training for full-service community schools, formance goals established under subpara- may not award a grant to an eligible entity under this section in an amount that is less including professional development for per- graph (E). sonnel and creation of data collection and ‘‘(H) Plans to ensure that each site has than $75,000 for each year of the 5-year grant period. evaluation systems. full-time coordination of qualified services ‘‘(4) Collecting, evaluating, and reporting at each full-service community school, in- ‘‘(i) DEFINITIONS.—In this section: data about the progress of full-service com- cluding coordination with the specialized in- ‘‘(1) ADDITIONAL QUALIFIED SERVICES.—The munity schools. structional support personnel employed prior term ‘additional qualified services’ means ‘‘(5) Evaluating the impact of Federal and to the receipt of the grant. qualified services directly funded under this State policies and guidelines on the ability ‘‘(I) Planning, coordination, management, part. of eligible entities (as defined in section and oversight of qualified services at each ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible 5914(i)) to integrate Federal and State pro- school to be served, including the role of the entity’ means a consortium of 1 or more grams at full-service community schools, school principal, partner entities, parents, local educational agencies and 1 or more and taking action to make necessary and members of the community. community-based organizations, nonprofit changes. ‘‘(J) Funding sources for qualified services organizations, or other public or private en- to be coordinated and provided at each tities. ‘‘(c) APPLICATION.—To seek a grant under school to be served, including whether such ‘‘(3) EXISTING QUALIFIED SERVICES.—The this section, a State collaborative shall sub- funding is derived from a grant under this term ‘existing qualified services’ means mit an application to the Secretary at such section or from other Federal, State, local, qualified services already being financed, as time and in such manner as the Secretary or private sources. of the time of the application, by Federal, may require. The Secretary shall require ‘‘(K) Plans for professional development State, local, or private sources, or volunteer that each such application include the fol- for personnel managing, coordinating, or de- activities being supported as of such time by lowing: livering qualified services at the schools to civic, business, faith-based, social, or other ‘‘(1) A memorandum of understanding be served. similar organizations. among all governmental agencies and non- ‘‘(L) Plans for joint utilization and mainte- ‘‘(4) QUALIFIED SERVICES.—The term ‘quali- profit organizations that will participate as nance of school facilities by the eligible enti- fied services’ means any of the following: members of the State collaborative. ty and its partner entities. ‘‘(A) Early childhood education. ‘‘(2) A description of the expertise of each ‘‘(M) How the eligible entity and its part- ‘‘(B) Remedial education activities and en- member of the State collaborative— ner entities will focus services on schools eli- richment activities, including expanded ‘‘(A) in coordinating Federal and State gible for a schoolwide program under section learning time. programs across multiple agencies; 1113(c). ‘‘(C) Summer or after-school enrichment ‘‘(B) in working with and developing the ‘‘(N) Plans for periodic evaluation based and learning experiences. capacity of full-service community schools; upon attainment of the performance meas- ‘‘(D) Programs under the Head Start Act, and ures described in subparagraph (F). including Early Head Start programs. ‘‘(C) in working with high-poverty schools ‘‘(O) How the qualified services will meet ‘‘(E) Nurse home visitation services. or rural schools and local educational agen- the principles of effectiveness described in ‘‘(F) Teacher home visiting. cies. subsection (d). ‘‘(G) Programs that promote parental in- ‘‘(3) A comprehensive plan describing how ‘‘(5) A plan for sustaining the programs volvement and family literacy. the grant will be used to plan, coordinate, and services outlined in this part. ‘‘(H) Mentoring and other youth develop- and expand the delivery of services at full- ‘‘(d) PRINCIPLES OF EFFECTIVENESS.—For a ment programs, including peer mentoring service community schools. program developed pursuant to this section and conflict mediation. ‘‘(4) A comprehensive accountability plan to meet principles of effectiveness, such pro- ‘‘(I) Parent leadership development activi- that will be used to demonstrate effective- gram shall be based upon— ties. ness, including the measurable performance ‘‘(1) an assessment of objective data re- ‘‘(J) Parenting education activities. goals of the program and performance meas- garding the need for the establishment of a ‘‘(K) Child care services. ures to monitor progress and assess services’ full-service community school and qualified ‘‘(L) Community service and service-learn- impact on students and families and aca- services at each school to be served and in ing opportunities. demic achievement. the community involved; ‘‘(M) Developmentally appropriate phys- ‘‘(5) An explanation of how the State col- ‘‘(2) an established set of performance ical education. laborative will work to ensure State policies measures aimed at ensuring the availability ‘‘(N) Programs that provide assistance to and guidelines can support the development and effectiveness of high-quality services; students who have been truant, suspended, or of full-service community schools, as well as and expelled. provide technical assistance and training, in- ‘‘(3) if appropriate, scientifically based re- ‘‘(O) Job training, internship opportuni- cluding professional development, for full- search that provides evidence that the quali- ties, and career counseling services. service community schools. fied services involved will help students ‘‘(P) Nutrition services. ‘‘(6) An explanation of how the State will meet State and local student academic ‘‘(Q) Primary health and dental care. collect and evaluate information on full- achievement standards. ‘‘(R) Mental health counseling services. service community schools.

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‘‘(d) GRANT PERIOD.—Each grant awarded ‘‘(d) CONSTRUCTION CLAUSE.—Nothing in mental outcomes of children living in our under this section shall be for a period of 5 this part shall be construed to alter or other- Nation’s most distressed communities, in- years. wise affect the rights, remedies, and proce- cluding ensuring school readiness, high ‘‘(e) MINIMUM AMOUNT.—The Secretary dures afforded school or school district em- school graduation, and college and career may not award a grant to a State collabo- ployees under Federal, State, or local laws readiness for such children, and access to a rative under this section in an amount that (including applicable regulations or court or- community-based continuum of high-quality is less than $500,000 for each year of the 5- ders) or under the terms of collective bar- services. year grant period. gaining agreements, memoranda of under- ‘‘SEC. 5922. PIPELINE SERVICES DEFINED. ‘‘(f) DEFINITIONS.—For purposes of this sec- standing, or other agreements between such ‘‘In this part, the term ‘pipeline services’ tion: employees and their employers. means a continuum of supports and services ‘‘(1) STATE.—The term ‘State’ includes the ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Funds for children from birth through college several States, the District of Columbia, the made available to a grantee under this part entry, college success, and career attain- Commonwealth of Puerto Rico, the Com- may be used only to supplement, and not ment, including, at a minimum, strategies to monwealth of the Northern Mariana Islands, supplant, any other Federal, State, or local address through services or programs (in- American Samoa, Guam, the United States funds that would otherwise be available to cluding integrated student supports) the fol- Virgin Islands, and any other territory or carry out the activities assisted under this lowing: possession of the United States. part. ‘‘(1) High-quality early learning opportuni- ‘‘(2) STATE COLLABORATIVE.—The term ‘‘(f) MATCHING FUNDS.— ties. ‘State collaborative’ means a collaborative ‘‘(1) IN GENERAL.—The Secretary shall re- ‘‘(2) High-quality schools and out-of- of a State educational agency and not less quire each recipient of a grant under this school-time programs and strategies. than 2 other governmental agencies or non- part to provide matching funds from non- ‘‘(3) Support for a child’s transition to ele- profit organizations that provide services to Federal sources in an amount determined mentary school, support for a child’s transi- children and families. under paragraph (2). tion from elementary school to middle ‘‘SEC. 5916. ADVISORY COMMITTEE. ‘‘(2) DETERMINATION OF AMOUNT OF MATCH.— school, from middle school to high school, ‘‘(a) ESTABLISHMENT.—There is hereby es- ‘‘(A) SLIDING SCALE.—Subject to subpara- and from high school into and through col- tablished an advisory committee to be graph (B), the Secretary shall determine the lege and into the workforce, including any known as the ‘Full-Service Community amount of matching funds to be required of comprehensive readiness assessment as Schools Advisory Committee’ (in this sec- a grantee under this subsection based on a deemed necessary. tion referred to as the ‘Advisory Com- sliding fee scale that takes into account— ‘‘(4) Family and community engagement. mittee’). ‘‘(i) the relative poverty of the population ‘‘(5) Family and student supports, which ‘‘(b) DUTIES.—Subject to subsection (c), the may be provided within the school building. Advisory Committee shall— to be targeted by the grantee; and ‘‘(6) Activities that support college and ca- ‘‘(1) consult with the Secretary on the de- ‘‘(ii) the ability of the grantee to obtain reer readiness. velopment and implementation of programs such matching funds. ‘‘(7) Community-based support for students under this part; ‘‘(B) MAXIMUM AMOUNT.—The Secretary who have attended the schools in the pipe- ‘‘(2) identify strategies to improve the co- may not require any grantee under this part line, or students who are members of the ordination of Federal programs in support of to provide matching funds in an amount that community, facilitating their continued con- full-service community schools; and exceeds the amount of the grant award. nection to the community and success in col- ‘‘(3) issue an annual report to Congress on ‘‘(3) IN-KIND CONTRIBUTIONS.—The Sec- efforts under this part, including a descrip- retary shall permit grantees under this part lege and the workforce. tion of— to match funds in whole or in part with in- ‘‘SEC. 5923. PROGRAM AUTHORIZED. ‘‘(A) the results of local and national eval- kind contributions. ‘‘(a) IN GENERAL.— uations of such efforts; and ‘‘(4) CONSIDERATION.—Notwithstanding this ‘‘(1) PROGRAM AUTHORIZED.—From amounts ‘‘(B) the scope of services being coordi- subsection, the Secretary shall not consider appropriated to carry out this part, the Sec- nated under this part. an applicant’s ability to match funds when retary shall award grants, on a competitive ‘‘(c) CONSULTATION.—In carrying out its du- determining which applicants will receive basis, to eligible entities to implement a ties under this section, the Advisory Com- grants under this part. comprehensive, evidence-based continuum of mittee shall consult annually with eligible ‘‘(g) SPECIAL RULE.—Entities receiving coordinated services that meet the purpose entities awarded grants under section 5914, funds under this part shall comply with all of this part by carrying out the activities in State collaboratives awarded grants under existing Federal statutes that prohibit dis- neighborhoods with high concentrations of section 5915, and other entities with exper- crimination. low-income individuals and multiple signs of tise in operating full-service community ‘‘SEC. 5918. AUTHORIZATION OF APPROPRIA- distress, which may include poverty, child- schools. TIONS. hood obesity rates, academic failure, and ‘‘(d) MEMBERS.—The Advisory Committee ‘‘(a) IN GENERAL.—There are authorized to rates of juvenile delinquency, adjudication, shall consist of 5 members as follows: be appropriated to carry out this part such or incarceration, and persistently low- ‘‘(1) The Secretary of Education (or the sums as may be necessary for each of fiscal achieving schools or schools with an achieve- Secretary’s delegate). years 2016 through 2021. ment gap. ‘‘(2) The Attorney General of the United ‘‘(b) ALLOCATION.—Of the amounts appro- ‘‘(2) SUFFICIENT SIZE AND SCOPE.—Each States (or the Attorney General’s delegate). priated to carry out this part for each fiscal grant awarded under this part shall be of suf- ‘‘(3) The Secretary of Agriculture (or the year— ficient size and scope to allow the eligible Secretary’s delegate). ‘‘(1) 85 percent shall be for section 5914, and entity to carry out the purpose of this part. ‘‘(4) The Secretary of Health and Human of the funds available for new grants award- ‘‘(b) DURATION.—A grant awarded under Services (or the Secretary’s delegate). ed under such section after the date of enact- this part shall be for a period of not more ‘‘(5) The Secretary of Labor (or the Sec- ment of the Every Child Achieves Act of 2015, than 5 years, and may be renewed for an ad- retary’s delegate). not less than 10 percent of such funds shall ditional period of not more than 5 years. ‘‘SEC. 5917. GENERAL PROVISIONS. be made available for local educational agen- ‘‘(c) CONTINUED FUNDING.—Continued fund- ‘‘(a) TECHNICAL ASSISTANCE.—The Sec- cies that satisfy the requirements of— ing of a grant under this part, including a retary, directly or through grants, shall pro- ‘‘(A) subparagraph (A) or (B) of section grant renewed under subsection (b), after the vide such technical assistance as may be ap- 6211(b)(1); or third year of the grant period shall be con- propriate to accomplish the purposes of this ‘‘(B) subparagraphs (A) and (B) of section tingent on the eligible entity’s progress to- part. 6221(b)(1); ward meeting the performance metrics de- ‘‘(b) EVALUATIONS BY SECRETARY.—The ‘‘(2) 10 percent shall be for section 5915; and scribed in section 5918(a). Secretary shall conduct evaluations on the ‘‘(3) 5 percent shall be for subsections (a) ‘‘(d) MATCHING REQUIREMENT.— effectiveness of grants under sections 5914 and (b) of section 5917, of which not less than ‘‘(1) IN GENERAL.—Each eligible entity re- and 5915 in achieving the purposes of this $500,000 shall be for technical assistance ceiving a grant under this part shall con- part. under section 5917(a).’’. tribute matching funds in an amount equal ‘‘(c) EVALUATIONS BY GRANTEES.—The Sec- to not less than 100 percent of the amount of SEC. 5012. PROMISE NEIGHBORHOODS. retary shall require each recipient of a grant the grant. Such matching funds shall come Title V (20 U.S.C. 7201 et seq.), as amended under this part— from Federal, State, local, and private by section 5001, is further amended by insert- ‘‘(1) to conduct periodic evaluations of the sources. ing after part I, as added by section 5010, the progress achieved with the grant toward ‘‘(2) PRIVATE SOURCES.—The Secretary following: achieving the purposes of this part; shall require that a portion of the matching ‘‘(2) to use such evaluations to refine and ‘‘PART L—PROMISE NEIGHBORHOODS funds come from private sources, which may improve activities conducted with the grant ‘‘SEC. 5920. SHORT TITLE. include in-kind donations. and the performance measures for such ac- ‘‘This part may be cited as the ‘Promise ‘‘(3) ADJUSTMENT.—The Secretary may ad- tivities; and Neighborhoods Act of 2015’. just the matching funds requirement for ap- ‘‘(3) to make the results of such evalua- ‘‘SEC. 5921. PURPOSE. plicants that demonstrate high need, includ- tions publicly available, including by pro- ‘‘The purpose of this part is to signifi- ing applicants from rural areas or applicant viding public notice of such availability. cantly improve the academic and develop- that wish to provide services on tribal lands.

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‘‘(e) FINANCIAL HARDSHIP WAIVER.—The ‘‘(D) any barriers the eligible entity, public preliminary memorandum of understanding Secretary may waive or reduce, on a case-by- agencies, and other community-based orga- shall describe, at a minimum— case basis, the matching requirement de- nizations have faced in meeting such needs. ‘‘(1) each partner’s financial and pro- scribed in subsection (d), including the re- ‘‘(5) A description of all data that the enti- grammatic commitment with respect to the quirement for funds for private sources for a ty used to identify the pipeline services to be strategies described in the application, in- period of 1 year at a time, if the eligible enti- provided and how the eligible entity will col- cluding an identification of the fiscal agent; ty demonstrates significant financial hard- lect data on children served by each pipeline ‘‘(2) each partner’s long-term commitment ship. service and increase the percentage of chil- to providing pipeline services that, at a min- ‘‘(f) RESERVATION FOR RURAL AREAS.— dren served over time. imum, accounts for the cost of supporting From the amounts appropriated to carry out ‘‘(6) A description of the process used to de- the continuum of supports and services (in- this part for a fiscal year, the Secretary velop the application, including the involve- cluding a plan for how to support services shall reserve not less than 20 percent for eli- ment of family and community members. and activities after grant funds are no longer gible entities that propose to carry out the ‘‘(7) A description of how the pipeline serv- available) and potential changes in local activities described in section 5916 in rural ices will facilitate the coordination of the government; areas. The Secretary shall reduce the following activities: ‘‘(3) each partner’s mission and the plan amount described in the preceding sentence ‘‘(A) Providing high-quality early learning that will govern the work that the partners if the Secretary does not receive a sufficient opportunities for children, including by pro- do together; number of applications that are deserving of viding opportunities for families and expect- ‘‘(4) each partner’s long-term commitment a grant under this part for such purpose. ant parents to acquire the skills to promote to supporting the continuum of supports and ‘‘SEC. 5924. ELIGIBLE ENTITIES. early learning and child development, and services through data collection, moni- ‘‘In this part, the term ‘eligible entity’ ensuring appropriate screening, diagnostic toring, reporting, and sharing; and means— assessments, and referrals for children with ‘‘(5) each partner’s commitment to ensure ‘‘(1) an institution of higher education, as disabilities and developmental delays, con- sound fiscal management and controls, in- defined in section 102 of the Higher Edu- sistent with the Individuals with Disabilities cluding evidence of a system of supports and cation Act of 1965; Education Act, where applicable. personnel. ‘‘(B) Supporting, enhancing, operating, or ‘‘(2) an Indian tribe or tribal organization, ‘‘SEC. 5926. USE OF FUNDS. expanding rigorous and comprehensive evi- as defined under section 4 of the Indian Self- ‘‘(a) IN GENERAL.—Each eligible entity that dence-based education reforms, which may Determination and Education Assistance Act receives a grant under this part shall use the include high-quality academic programs, ex- (25 U.S.C. 450b); or grant funds to— panded learning time, and programs and ac- ‘‘(3) one or more nonprofit entities working tivities to prepare students for college ad- ‘‘(1) support planning activities to develop in formal partnership with not less than 1 of missions and success. and implement pipeline services; the following entities: ‘‘(C) Supporting partnerships between ‘‘(2) implement the pipeline services, as de- ‘‘(A) A high-need local educational agency. schools and other community resources with scribed in the application under section 5915; ‘‘(B) An institution of higher education, as an integrated focus on academics and other and defined in section 102 of the Higher Edu- social, health, and familial supports. ‘‘(3) continuously evaluate the success of cation Act of 1965. ‘‘(D) Providing social, health, nutrition, the program and improve the program based ‘‘(C) The office of a chief elected official of and mental health services and supports, in- on data and outcomes. a unit of local government. cluding referrals for essential healthcare and ‘‘(b) SPECIAL RULES.— ‘‘(D) An Indian tribe or tribal organization, preventative screenings, for children, family, ‘‘(1) FUNDS FOR PIPELINE SERVICES.—Each as defined under section 4 of the Indian Self- and community members, which may in- eligible entity that receives a grant under Determination and Education Assistance Act clude services provided within the school this part, for the first and second year of the (25 U.S.C. 450b). building. grant, shall use not less than 50 percent of ‘‘SEC. 5925. APPLICATION REQUIREMENTS. ‘‘(E) Supporting evidence-based programs the grant funds to carry out the activities ‘‘(a) IN GENERAL.—An eligible entity desir- that assist students through school transi- described in subsection (a)(1). ing a grant under this part shall submit an tions, which may include expanding access ‘‘(2) OPERATIONAL FLEXIBILITY.—Each eligi- application to the Secretary at such time, in to college courses for and college enrollment ble entity that operates a school in a neigh- such manner, and containing such informa- aide or guidance, and other supports for at- borhood served by a grant program under tion as the Secretary may require. risk youth. this part shall provide such school with the ‘‘(b) CONTENTS OF APPLICATION.—At a min- ‘‘(8) A description of the strategies that operational flexibility, including autonomy imum, an application described in subsection will be used to provide pipeline services (in- over staff, time, and budget, needed to effec- (a) shall include the following: cluding a description of which programs and tively carry out the activities described in ‘‘(1) A plan to significantly improve the services will be provided to children, family the application under section 5915. academic outcomes of children living in a members, community members, and children ‘‘(3) LIMITATION ON USE OF FUNDS FOR EARLY neighborhood that is served by the eligible not attending schools or programs operated CHILDHOOD EDUCATION PROGRAMS.—Funds entity, by providing pipeline services that by the eligible entity or its partner pro- under this part that are used to improve address the needs of children in the neigh- viders) to support the purpose of this part. early childhood education programs shall borhood, as identified by the needs analysis ‘‘(9) An explanation of the process the eli- not be used to carry out any of the following described in paragraph (4), and supported by gible entity will use to establish and main- activities: evidence-based practices. tain family and community engagement, in- ‘‘(A) Assessments that provide rewards or ‘‘(2) A description of the neighborhood that cluding involving representative participa- sanctions for individual children or teachers. the eligible entity will serve. tion by the members of such neighborhood in ‘‘(B) A single assessment that is used as ‘‘(3) Measurable annual goals for the out- the planning and implementation of the ac- the primary or sole method for assessing pro- comes of the grant, including performance tivities of each grant awarded under this gram effectiveness. goals, in accordance with the metrics de- part, and the provision of strategies and ‘‘(C) Evaluating children, other than for scribed in section 5918(a), for each year of the practices to assist family and community the purposes of improving instruction, class- grant. members in actively supporting student room environment, professional develop- ‘‘(4) An analysis of the needs and assets, in- achievement and child development, pro- ment, or parent and family engagement, or cluding size and scope of population affected viding services for students, families, and program improvement. of the neighborhood identified in paragraph communities within the school building, and ‘‘SEC. 5927. REPORT AND PUBLICLY AVAILABLE (1), including— collaboration with institutions of higher DATA. ‘‘(A) a description of the process through education, workforce development centers, ‘‘(a) REPORT.—Each eligible entity that re- which the needs analysis was produced, in- and employers to align expectations and pro- ceives a grant under this part shall prepare cluding a description of how parents, family, gramming with college and career readiness. and submit an annual report to the Sec- and community members were engaged in ‘‘(10) An explanation of how the eligible en- retary, which shall include— such analysis; tity will continuously evaluate and improve ‘‘(1) information about the number and ‘‘(B) an analysis of community assets and the continuum of high-quality pipeline serv- percentage of children in the neighborhood collaborative efforts, including programs al- ices to provide for continuous program im- who are served by the grant program, includ- ready provided from Federal and non-Federal provement and potential expansion. ing a description of the number and percent- sources, within, or accessible to, the neigh- ‘‘(11) An identification of the fiscal agent, age of children accessing each support or borhood, including, at a minimum, early which may be any entity described in section service offered as part of the pipeline serv- learning, family and student supports, local 5914 (not including paragraph (2) of such sec- ices; and businesses, and institutions of higher edu- tion). ‘‘(2) information relating to the perform- cation; ‘‘(c) MEMORANDUM OF UNDERSTANDING.—An ance metrics described in section 5918(a); and ‘‘(C) the steps that the eligible entity is eligible entity, as part of the application de- ‘‘(b) PUBLICLY AVAILABLE DATA.—Each eli- taking, at the time of the application, to ad- scribed in this section, shall submit a pre- gible entity that receives a grant under this dress the needs identified in the needs anal- liminary memorandum of understanding, part shall make publicly available, including ysis; and signed by each partner entity or agency. The through electronic means, the information

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00223 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.041 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5402 CONGRESSIONAL RECORD — SENATE July 21, 2015 described in subsection (a). To the extent ‘‘(C) Part G of title V.’’; and weighted per-pupil allocations that meets practicable, such information shall be pro- (ii) in paragraph (2), by striking ‘‘and sub- the requirements of this section, including— vided in a form and language accessible to ject to the 50 percent limitation described in ‘‘(A) a description of the school funding parents and families in the neighborhood, paragraph (1)’’; and system based on weighted per-pupil alloca- and such information shall be a part of state- (B) in subsection (b)— tions, including how the system will meet wide longitudinal data systems. (i) in paragraph (1)— the requirements under paragraph (2); ‘‘SEC. 5928. PERFORMANCE ACCOUNTABILITY (I) in subparagraph (A), by striking ‘‘(ex- ‘‘(B) a list of funding sources, including eli- AND EVALUATION. cept’’ and all that follows through ‘‘subpara- gible Federal funds the local educational ‘‘(a) PERFORMANCE METRICS.—Each eligible graph (C))’’ and inserting ‘‘may transfer all, agency will include in such system; entity that receives a grant under this part or any lesser amount, of the funds allocated ‘‘(C) a description of the amount and per- shall collect data on performance indicators to it’’; centage of total local educational agency of pipeline services and family and student (II) by striking subparagraph (B); funding, including State, local, and eligible supports and report the results to the Sec- (III) by redesignating subparagraph (C) as Federal funds, that will be allocated through retary, who shall use the results as a consid- subparagraph (B); and such system; eration in continuing grants after the third (IV) in subparagraph (B), as redesignated ‘‘(D) the per-pupil expenditures (including year and in awarding grant renewals. The in- by subclause (III), by striking ‘‘and subject actual personnel expenditures, including dicators shall address the entity’s progress to the percentage limitation described in staff salary differentials for years of employ- toward meeting the goals of this part to sig- subparagraph (A) or (B), as applicable’’; and ment, and actual nonpersonnel expenditures) nificantly improve the academic and devel- (ii) in paragraph (2)— of State and local funds for each school opmental outcomes of children living in our (I) by striking ‘‘subparagraph (A), (B), or served by the agency for the preceding fiscal Nation’s most distressed communities from (C)’’ and inserting ‘‘subparagraph (A) or (B)’’; year; birth through college and career entry, in- and ‘‘(E) the per-pupil amount of eligible Fed- cluding ensuring school readiness, high (II) by striking subparagraphs (A) through eral funds each school served by the agency, school graduation, and college and career (D) and inserting the following: disaggregated by program, received in the readiness for such children, through the use ‘‘(A) Part A of title II. preceding fiscal year; of data-driven decision making and access to ‘‘(B) Part A of title IV. ‘‘(F) a description of how the system will a community-based continuum of high-qual- ‘‘(C) Part G of title V.’’; and continue to ensure that any eligible Federal ity services, beginning at birth. (5) by striking subpart 3 and inserting the funds allocated through the system will con- tinue to meet the purposes of each Federal ‘‘(b) EVALUATION.—The Secretary shall following: evaluate the implementation and impact of funding stream, including serving students ‘‘Subpart 2—Weighted Student Funding from low-income families, English learners, the activities funded under this part, in ac- Flexibility Pilot Program cordance with section 9601. migratory children, and children who are ne- ‘‘SEC. 6121. WEIGHTED STUDENT FUNDING FLEXI- glected, delinquent, or at risk, as applicable; ‘‘SEC. 5929. NATIONAL ACTIVITIES. BILITY PILOT PROGRAM. ‘‘(G) a description of how the local edu- ‘‘From the amounts appropriated to carry ‘‘(a) PURPOSE.—The purpose of the pilot cational agency will develop and employ a out this part for a fiscal year, in addition to program under this section is to provide weighted student funding system to support the amounts that may be reserved in accord- local educational agencies with flexibility to public elementary schools and secondary ance with section 9601, the Secretary may re- consolidate Federal, State, and local funding schools in order to improve the academic serve not more than 8 percent for national in order to create a single school funding achievement of students, including low-in- activities, which may include research, tech- system based on weighted per-pupil alloca- come students, the lowest-achieving stu- nical assistance, professional development, tions for low-income and otherwise disadvan- dents, English learners, and students with dissemination of best practices, and other taged students. disabilities; activities consistent with the purposes of ‘‘(b) AUTHORITY.—The Secretary may, on a ‘‘(H) an assurance that the local edu- this part. competitive basis, enter into local flexibility cational agency developed and will imple- ‘‘SEC. 5930. AUTHORIZATION OF APPROPRIA- demonstration agreements— ment the local flexibility demonstration TIONS. ‘‘(1) for not more than 2 years with local agreement in consultation with teachers, ‘‘There are authorized to be appropriated educational agencies that are selected under principals, other school leaders, administra- to carry out this part such sums as may be subsection (c) and submit proposed agree- tors of Federal programs impacted by the necessary for each of fiscal years 2016 ments that meet the requirements of sub- agreement, parents, civil rights leaders, and through 2021.’’. section (d); and other relevant stakeholders; TITLE VI—INNOVATION AND FLEXIBILITY ‘‘(2) under which such agencies may con- ‘‘(I) an assurance that the local edu- solidate and use funds in accordance with cational agency will use fiscal control and SEC. 6001. PURPOSES. subsection (d) in order to develop and imple- sound accountability procedures that ensure Title VI (20 U.S.C. 7301 et seq.) is amended ment a school funding system based on proper disbursement of, and accounting for, by inserting before part A of title VI, the fol- weighted per-pupil allocations for low-in- eligible Federal funds consolidated and used lowing: come and otherwise disadvantaged students. under such system; ‘‘SEC. 6001. PURPOSES. ‘‘(c) SELECTION OF LOCAL EDUCATIONAL ‘‘(J) an assurance that the local edu- ‘‘The purposes of this title are— AGENCIES.— cational agency will continue to meet the ‘‘(1) to support State and local innovation ‘‘(1) IN GENERAL.—The Secretary may enter fiscal provisions in section 1117 and the re- in preparing all students to meet challenging into local flexibility demonstration agree- quirements under section 9501; and State academic standards under section ments with not more than 25 local edu- ‘‘(K) an assurance that the local edu- 1111(b); cational agencies, reflecting the size and ge- cational agency will meet the requirements ‘‘(2) to provide States and local edu- ographic diversity of all such agencies na- of all applicable Federal civil rights laws in cational agencies with maximum flexibility tionwide to the maximum extent feasible. carrying out the agreement and in consoli- in using Federal funds provided under this ‘‘(2) SELECTION.—Each local educational dating and using funds under the agreement. Act; and agency shall be selected on a competitive ‘‘(2) REQUIREMENTS OF SYSTEM.—A local ‘‘(3) to support education in rural areas.’’. basis from among those local educational educational agency’s school funding system SEC. 6002. IMPROVING ACADEMIC ACHIEVEMENT. agencies that— based on weighted per-pupil allocations shall Part A of title VI (20 U.S.C. 7301 et seq.) is ‘‘(A) submit a proposed local flexibility meet each of the following requirements: amended— demonstration agreement under subsection ‘‘(A) The system shall— (1) by striking subparts 1 and 4; (d) to the Secretary; ‘‘(i) allocate a significant portion of funds, (2) by redesignating subpart 2 as subpart 1; ‘‘(B) demonstrate to the satisfaction of the including State, local, and eligible Federal (3) by redesignating sections 6121 through Secretary that the agreement meets the re- funds, to the school level through a formula 6123 as sections 6111 through 6113, respec- quirements of subsection (d); and that determines per-pupil weighted amounts tively; ‘‘(C) agree to meet the continued dem- based on individual student characteristics; (4) in section 6113, as redesignated by para- onstration requirements under subsection ‘‘(ii) use weights or allocation amounts graph (3)— (e). that allocate substantially more funding to (A) in subsection (a)— ‘‘(d) REQUIRED TERMS OF LOCAL FLEXI- students from low-income families and (i) in paragraph (1)— BILITY DEMONSTRATION AGREEMENT.— English learners than to other students; and (I) in the matter preceding subparagraph ‘‘(1) APPLICATION.—Each local educational ‘‘(iii) demonstrate to the Secretary that (A), by striking ‘‘not more than 50 percent of agency that desires to participate in the each high-poverty school received at least as the nonadministrative State funds’’ and in- pilot program under this section shall sub- much total per-pupil funding, including from serting ‘‘all, or any lesser amount, of State mit, at such time, in such form, and includ- Federal, State, and local sources, for low-in- funds’’; and ing such information as the Secretary may come students and at least as much total (II) by striking subparagraphs (A) through prescribe, an application to enter into a local per-pupil funding, including from Federal, (D) and inserting the following: flexibility demonstration agreement with State, and local sources, for English learners ‘‘(A) Part A of title II. the Secretary in order to develop and imple- as the school received in the year prior to ‘‘(B) Part A of title IV. ment a school funding system based on carrying out the pilot program.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00224 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.041 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5403 ‘‘(B) The system shall be used to allocate a ments under this section, consistent with from the initial amount determined under significant portion, including all school-level section 9601 and specifically on improving paragraph (2), an amount that is equal to personnel expenditures for instructional the equitable distribution of State and local that local educational agency’s per-pupil staff and nonpersonnel expenditures, but not funding and increasing student achievement. share of the total amount received by the less than 65 percent, of all the local edu- ‘‘(l) RENEWAL OF LOCAL FLEXIBILITY DEM- educational service agency under titles II cational agency’s local and State funds to ONSTRATION AGREEMENT.—The Secretary and IV, as long as a determination under this schools. may renew for additional 3-year terms a subparagraph would not disproportionately ‘‘(C) After allocating funds through the local flexibility demonstration agreement affect any State.’’; school funding system, the local educational under this section if— (ii) by striking paragraph (2) and inserting agency shall charge schools for the per-pupil ‘‘(1) the local educational agency has met the following: expenditures of Federal, State, and local the requirements under subsections (d)(2) ‘‘(2) DETERMINATION OF INITIAL AMOUNT.— funds, including actual personnel expendi- and (e) and agrees to and has a high likeli- ‘‘(A) IN GENERAL.—The initial amount re- tures for instructional staff and actual non- hood of continuing to meet such require- ferred to in paragraph (1) is equal to $100 personnel expenditures. ments; and multiplied by the total number of students ‘‘(D) The system may include weights or ‘‘(2) the Secretary determines that renew- in excess of 50 students, in average daily at- allocation amounts according to other char- ing the local flexibility demonstration agree- tendance at the schools served by the local acteristics. ment is in the interest of students served educational agency, plus $20,000, except that ‘‘(e) CONTINUED DEMONSTRATION.—Each under titles I and III, including students the initial amount may not exceed $60,000. local educational agency that is selected to from low-income families, English learners, ‘‘(B) SPECIAL RULE.—For any fiscal year for participate in the pilot program under this migratory children, and children who are ne- which the amount made available to carry section shall annually— glected, delinquent, or at risk. out this part is $252,000,000 or more, subpara- ‘‘(1) demonstrate to the Secretary that no ‘‘(m) DEFINITION OF HIGH-POVERTY graph (A) shall be applied— high-poverty school served by the agency re- SCHOOL.—In this section, the term ‘high-pov- ‘‘(i) by substituting ‘$25,000’ for ‘$20,000’; ceived less total per-pupil funding, including erty school’ means a school that is in the and from Federal, State, and local sources, for highest 2 quartiles of schools served by a ‘‘(ii) by substituting ‘$80,000’ for ‘$60,000’.’’; low-income students or less total per-pupil local educational agency, based on the per- and funding, including from Federal, State, and centage of enrolled students from low-in- (iii) by adding at the end the following: local sources, for English learners than the come families.’’. ‘‘(4) HOLD HARMLESS.—For a local edu- cational agency that is not eligible under school received in the previous year; SEC. 6003. RURAL EDUCATION INITIATIVE. ‘‘(2) make public and report to the Sec- this subpart but met the eligibility require- Part B of title VI (20 U.S.C. 7341 et seq.) is ments under section 6211(b) as such section retary the per-pupil expenditures (including amended— actual personnel expenditures that include was in effect on the day before the date of (1) in section 6211— enactment of the Every Child Achieves Act staff salary differentials for years of employ- (A) in subsection (a)(1), by striking sub- ment, and actual non-personnel expendi- of 2015, the agency shall receive— paragraphs (A) through (E) and inserting the ‘‘(A) for fiscal year 2016, 75 percent of the tures) of State, local, and Federal funds for following: each school served by the agency, and amount such agency received for fiscal year ‘‘(A) Part A of title I. 2015; disaggregated by student poverty quartile ‘‘(B) Part A of title II. and by minority student quartile for the pre- ‘‘(B) for fiscal year 2017, 50 percent of the ‘‘(C) Title III. amount such agency received for fiscal year ceding fiscal year; and ‘‘(D) Part A or B of title IV. ‘‘(3) make public the total number of stu- 2015; and ‘‘(E) Part G of title V.’’; ‘‘(C) for fiscal year 2018, 25 percent of the dents enrolled in each school served by the (B) in subsection (b)(1)— agency and the number of students enrolled amount such agency received for fiscal year (i) in subparagraph (A)(ii), by striking ‘‘7 2015.’’; and in each such school disaggregated by each of or 8, as determined by the Secretary; or’’ and the categories of students, as defined in sec- (C) by striking subsection (d); inserting ‘‘41, 42, or 43, as determined by the (3) by striking section 6213 and inserting tion 1111(b)(3)(A). Secretary;’’; ‘‘(f) ELIGIBLE FEDERAL FUNDS.—In this sec- the following: (ii) in subparagraph (B), by striking the pe- tion, the term ‘eligible Federal funds’ means ‘‘SEC. 6213. ACADEMIC ACHIEVEMENT ASSESS- riod at the end and inserting ‘‘; or’’; and funds received by a local educational agency MENTS. (iii) by adding at the end the following: under titles I, II, III, and IV of this Act. ‘‘Each local educational agency that uses ‘‘(C) the local educational agency is a ‘‘(g) LIMITATIONS ON ADMINISTRATIVE EX- or receives funds under this subpart for a fis- member of an educational service agency PENDITURES.—Each local educational agency cal year shall administer an assessment that that has entered into a local flexibility dem- that does not receive funds under this sub- is consistent with section 1111(b)(2).’’; onstration agreement with the Secretary part and the local educational agency meets (4) in section 6221— under this section may use, for administra- the requirements of this part.’’; and (A) in subsection (b)(1)(B), by striking ‘‘6, tive purposes, from eligible Federal funds (C) in subsection (c), by striking para- 7, or 8’’ and inserting ‘‘32, 33, 41, 42, or 43’’; not more than the percentage of funds al- graphs (1) through (3) and inserting the fol- and lowed for such purpose under any of titles I, lowing: (B) in subsection (c)(1), by striking ‘‘Bu- II, III, or IV. ‘‘(1) Part A of title II. reau of Indian Affairs’’ and inserting ‘‘Bu- ‘‘(h) PEER REVIEW.—The Secretary may es- ‘‘(2) Part A of title IV. reau of Indian Education’’; tablish a peer-review process to assist in the ‘‘(3) Part G of Title V.’’; (5) in section 6222(a), by striking para- review of a proposed local flexibility dem- (2) in section 6212— graphs (1) through (7) and inserting the fol- onstration agreement. (A) in subsection (a), by striking para- lowing: ‘‘(i) NONCOMPLIANCE.—The Secretary may, graphs (1) through (5) and inserting the fol- ‘‘(1) Activities authorized under part A of after providing notice and an opportunity for lowing: title I. a hearing (including the opportunity to pro- ‘‘(1) Part A of title I. ‘‘(2) Activities authorized under part A of vide information as provided for in sub- ‘‘(2) Part A of title II. title II. section (j)), terminate a local flexibility ‘‘(3) Title III. ‘‘(3) Activities authorized under title III. demonstration agreement under this section ‘‘(4) Part A or B of title IV. ‘‘(4) Activities authorized under part A of if there is evidence that the local edu- ‘‘(5) Part G of title V.’’; title IV. cational agency has failed to comply with (B) in subsection (b)— ‘‘(5) Parental involvement activities. the terms of the agreement and the require- (i) by striking paragraph (1) and inserting ‘‘(6) Activities authorized under part G of ments under subsections (d) and (e). the following: title V.’’; ‘‘(j) EVIDENCE.—If a local educational agen- ‘‘(1) ALLOCATION.— (6) in section 6223— cy believes that the Secretary’s determina- ‘‘(A) IN GENERAL.—Except as provided in (A) in subsection (a), by striking ‘‘at such tion under subsection (i) is in error for sta- paragraphs (3) and (4), the Secretary shall time, in such manner, and accompanied by tistical or other substantive reasons, the award a grant under subsection (a) to a local such information’’ and inserting ‘‘at such local educational agency may provide sup- educational agency eligible under section time and in such manner’’; and porting evidence to the Secretary, and the 6211(b) for a fiscal year in an amount equal (B) by striking subsection (b) and inserting Secretary shall consider that evidence before to the initial amount determined under para- the following: making a final termination determination. graph (2) for the fiscal year minus the total ‘‘(b) CONTENTS.—Each application sub- ‘‘(k) PROGRAM EVALUATION.—From the amount received by the agency under the mitted under subsection (a) shall include in- amount reserved for evaluation activities in provisions of law described in section 6211(c) formation on— section 9601, the Secretary, acting through for the preceding fiscal year. ‘‘(1) program objectives and outcomes for the Director of the Institute of Education ‘‘(B) SPECIAL DETERMINATION.—For a local activities under this subpart, including how Sciences, shall, in consultation with the rel- educational agency that is eligible under the State educational agency or specially evant program office at the Department, section 6211 and is a member of an edu- qualified agency will use funds to help all evaluate the implementation and impact of cational service agency, the Secretary may students meet the challenging State aca- the local flexibility demonstration agree- determine the award amount by subtracting demic standards under section 1111(b);

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00225 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.041 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5404 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(2) if the State educational agency or spe- ‘‘PART C—GENERAL PROVISIONS ‘‘(3) to ensure that teachers, principals, cially qualified agency will competitively ‘‘SEC. 6301. PROHIBITION AGAINST FEDERAL other school leaders, and other staff who award grants to eligible local educational MANDATES, DIRECTION, OR CON- serve American Indian and Alaska Native agencies, as described in section TROL. students have the ability to provide effective 6221(b)(2)(A), the application under the sec- ‘‘Nothing in this title shall be construed to instruction and supports to such students.’’; tion shall include— authorize an officer or employee of the Fed- (2) by striking section 7111 and inserting ‘‘(A) the methods and criteria the State eral Government to mandate, direct, or con- the following: educational agency or specially qualified trol a State, local educational agency, or ‘‘SEC. 7111. PURPOSE. agency will use for reviewing applications school’s specific instructional content, aca- ‘‘It is the purpose of this subpart to sup- and awarding funds to local educational demic standards and assessments, cur- port local educational agencies in developing agencies on a competitive basis; and riculum, or program of instruction, as a con- elementary school and secondary school pro- ‘‘(B) how the State educational agency or dition of eligibility to receive funds under grams for American Indian and Alaska Na- specially qualified agency will notify eligible this Act. tive students that are designed to— local educational agencies of the grant com- ‘‘SEC. 6302. RULE OF CONSTRUCTION ON EQUAL- ‘‘(1) meet the unique cultural, language, petition; and IZED SPENDING. and educational needs of such students; and ‘‘(3) a description of how the State edu- ‘‘Nothing in this title shall be construed to ‘‘(2) ensure that all students meet the chal- cational agency or specially qualified agency mandate equalized spending per pupil for a lenging State academic standards adopted will provide technical assistance to eligible State, local educational agency, or school.’’. under section 1111(b).’’; local educational agencies to help such agen- (3) in section 7112— cies implement the activities described in SEC. 6005. REVIEW RELATING TO RURAL LOCAL EDUCATIONAL AGENCIES. (A) by striking subsection (a) and inserting section 6222.’’; (a) REVIEW AND REPORT.—Not later than 18 the following: (7) in section 6224— months after the date of enactment of this ‘‘(a) IN GENERAL.—The Secretary may (A) in subsection (a)— Act, the Secretary of Education shall— make grants, from allocations made under (i) in the matter preceding paragraph (1), (1) review the organization, structure, and section 7113, and in accordance with this sec- by inserting ‘‘or specially qualified agency’’ process and procedures of the Department of tion and section 7113, to— after ‘‘Each State educational agency’’; Education for administering its programs ‘‘(1) local educational agencies; (ii) by striking paragraph (1) and inserting and developing policy and regulations, in ‘‘(2) Indian tribes; and the following: order to— ‘‘(3) consortia of 2 or more local edu- ‘‘(1) if the report is submitted by a State (A) assess the methods and manner cational agencies, Indian tribes, Indian orga- educational agency, the method the State through which, and the extent to which, the nizations, or Indian community-based orga- educational agency used to award grants to Department of Education takes into ac- nizations, provided that each local edu- eligible local educational agencies, and to count, considers input from, and addresses cational agency participating in such a con- provide assistance to schools, under this sub- the unique needs and characteristics of rural sortium— part;’’; and schools and rural local educational agencies; ‘‘(A) provides an assurance that the eligi- (iii) by striking paragraph (3) and inserting and ble Indian children served by such local edu- the following: (B) determine actions that the Department cational agency receive the services of the ‘‘(3) the degree to which progress has been of Education can take to meaningfully in- programs funded under this subpart; and made toward meeting the objectives and out- crease the consideration and participation of ‘‘(B) is subject to all the requirements, as- comes described in the application submitted rural schools and rural local educational surances, and obligations applicable to local under section 6223, including having all stu- agencies in the development and execution educational agencies under this subpart.’’; dents in the State or the area served by the of the processes, procedures, policies, and (B) in subsection (b)— specially qualified agency, as applicable, regulations of the Department of Education; (i) in paragraph (1), by striking ‘‘A local meet the challenging State academic stand- (2) make public a preliminary report con- educational agency shall’’ and inserting ards under section 1111(b).’’; taining the information described under ‘‘Subject to paragraph (2), a local edu- (B) by striking subsection (b) and (c) and paragraph (1) and provide Congress and the cational agency shall’’; inserting the following: public with 60 days to comment on the pro- (ii) by redesignating paragraph (2) as para- ‘‘(b) REPORT TO CONGRESS.—The Secretary graph (3); and shall prepare a summary of the reports under posed actions under paragraph (1)(B); and (iii) by inserting after paragraph (1) the subsection (a) and submit a biennial report (3) taking into account comments sub- to the Committee on Health, Education, mitted under paragraph (2), issue a final re- following: Labor, and Pensions of the Senate and the port to the Committee on Health, Education, ‘‘(2) COOPERATIVE AGREEMENTS.—A local Committee on Education and the Workforce Labor, and Pensions of the Senate, which educational agency may enter into a cooper- of the House of Representatives.’’; shall describe the final actions developed ative agreement with an Indian tribe under (C) by redesignating subsection (d) as sub- pursuant to paragraph (1)(B). this subpart if such Indian tribe— section (c); (b) IMPLEMENTATION.—Not later than 2 ‘‘(A) represents not less than 25 percent of (D) in subsection (c), as redesignated by years after the date of enactment of this the eligible Indian children who are served subparagraph (C), by striking ‘‘assessment Act, the Secretary of Education shall— by such local educational agency; and that is consistent with section 1111(b)(3)’’ (1) implement each action described in the ‘‘(B) requests that the local educational and inserting ‘‘assessment that is consistent report under subsection (a)(3); or agency enter into a cooperative agreement with section 1111(b)(2)’’; and (2) provide a written explanation to the under this subpart.’’; and (E) by striking subsection (e); Committee on Health, Education, Labor, and (C) by striking subsection (c) and inserting (8) by inserting after section 6224 the fol- Pensions of the Senate and the Committee the following: lowing: on Education and the Workforce of the ‘‘(c) INDIAN TRIBES AND INDIAN ORGANIZA- TIONS.— ‘‘SEC. 6225. CHOICE OF PARTICIPATION. House of Representatives of why the action ‘‘(1) IN GENERAL.—If a local educational ‘‘(a) IN GENERAL.—If a local educational was not carried out. agency is eligible for funding under both sub- TITLE VII—INDIAN, NATIVE HAWAIIAN, agency that is otherwise eligible for a grant parts 1 and 2 of this part, such local edu- AND ALASKA NATIVE EDUCATION under this subpart does not establish a com- mittee under section 7114(c)(4) for such cational agency may receive funds under ei- SEC. 7001. INDIAN EDUCATION. ther subpart 1 or subpart 2 for a fiscal year, grant, an Indian tribe, an Indian organiza- Part A of title VII (20 U.S.C. 7401 et seq.) is but may not receive funds under both sub- tion, or a consortium of such entities, that amended— parts for such fiscal year. represents more than one-half of the eligible (1) by striking section 7102 and inserting ‘‘(b) NOTIFICATION.—A local educational Indian children who are served by such local agency eligible for funding under both sub- the following: educational agency may apply for such parts 1 and 2 of this part shall notify the Sec- ‘‘SEC. 7102. PURPOSE. grant. retary and the State educational agency ‘‘It is the purpose of this part to support ‘‘(2) UNAFFILIATED INDIAN TRIBES.—An In- under which of such subparts the local edu- the efforts of local educational agencies, In- dian tribe that operates a public school and cational agency intends to receive funds for dian tribes and organizations, postsecondary that is not affiliated with either a local edu- a fiscal year by a date that is established by institutions, and other entities— cational agency or the Bureau of Indian Edu- the Secretary for the notification.’’; and ‘‘(1) to ensure the academic achievement of cation shall be eligible to apply for a grant (9) in section 6234, by striking ‘‘$300,000,000 American Indian and Alaska Native students under this subpart. for fiscal year 2002 and such sums as may be by meeting their unique cultural, language, ‘‘(3) SPECIAL RULE.— necessary for each of the 5 succeeding fiscal and educational needs, consistent with sec- ‘‘(A) IN GENERAL.—The Secretary shall years,’’ and inserting ‘‘such sums as may be tion 1111; treat each Indian tribe, Indian organization, necessary for each of the fiscal years 2016 ‘‘(2) to ensure that American Indian and or consortium of such entities applying for a through 2021,’’. Alaska Native students gain knowledge and grant pursuant to paragraph (1) or (2) as if SEC. 6004. GENERAL PROVISIONS. understanding of Native communities, lan- such tribe, Indian organization, or consor- Part C of title VI (20 U.S.C. 7371) is amend- guages, tribal histories, traditions, and cul- tium were a local educational agency for ed to read as follows: tures; and purposes of this subpart.

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‘‘(B) EXCEPTIONS.—Notwithstanding sub- (A) in subsection (a), by inserting ‘‘Indian ‘‘(B) a majority of whose members are par- paragraph (A), such Indian tribe, Indian or- tribe, or consortia as described in section ents and family members of Indian children ganization, or consortium shall not be sub- 7113(b)(2)’’ after ‘‘Each local educational and representatives of Indian tribes de- ject to the requirements of subsections (b)(7) agency,’’; scribed in subparagraph (A)(ii), as applica- or (c)(4) of section 7114 or section 7118(c) or (B) in subsection (b)— ble;’’; 7119. (i) in paragraph (2)— (III) in subparagraph (C), by inserting ‘‘and ‘‘(4) ASSURANCE TO SERVE ALL INDIAN CHIL- (I) in subparagraph (A), by striking ‘‘is family members’’ after ‘‘, parents’’; DREN.—An Indian tribe, Indian organization, consistent with the State and local plans’’ (IV) in subparagraph (D)(ii), by striking or consortium of such entities that is eligi- and inserting ‘‘supports the State, tribal, ‘‘and’’ after the semicolon; ble to apply for a grant under paragraph (1) and local plans’’; and (V) in subparagraph (E), by striking the pe- shall include, in the application required (II) by striking subparagraph (B) and in- riod at the end and inserting ‘‘; and’’; and under section 7114, an assurance that the en- serting the following: (VI) by adding at the end the following: tity will use the grant funds to provide serv- ‘‘(B) includes program objectives and out- ‘‘(F) that will determine the extent to ices to all Indian students served by the comes for activities under this subpart that which the activities of the local educational local educational agency. are based on the same challenging State aca- agency will address the unique cultural, lin- ‘‘(d) INDIAN COMMUNITY-BASED ORGANIZA- demic standards developed by the State guistic, and educational needs of Indian stu- TION.— under title I for all students;’’; dents;’’; and ‘‘(1) IN GENERAL.—If no local educational (ii) by striking paragraph (3) and inserting (v) by adding at the end the following: agency pursuant to subsection (b), and no In- the following: ‘‘(5) the local educational agency will co- dian tribe, Indian organization, or consor- ‘‘(3) explains how the local educational ordinate activities under this title with tium pursuant to subsection (c), applies for a agency, tribe, or consortium will use funds other Federal programs supporting edu- grant under this subpart, an Indian commu- made available under this subpart to supple- cational and related services administered nity-based organization serving the commu- ment other Federal, State, and local pro- by such agency; nity of the local educational agency may grams that meet the needs of such stu- ‘‘(6) the local educational agency con- apply for such grant. dents;’’; ducted outreach to parents and family mem- ‘‘(2) APPLICABILITY OF SPECIAL RULE.—The (iii) in paragraph (5)(B), by striking ‘‘and’’ bers to meet the requirements under this Secretary shall apply the special rule in sub- after the semicolon; paragraph; and section (c)(3) to an Indian community-based (iv) in paragraph (6)— ‘‘(7) the local educational agency will use organization applying or receiving a grant (I) in subparagraph (B)— funds received under this subpart only for under paragraph (1) in the same manner as (aa) in clause (i), by striking ‘‘and’’ after activities described and authorized in this such rule applies to an Indian tribe, Indian the semicolon; and subpart.’’; and organization, or consortium. (bb) by adding at the end the following: (D) by adding at the end the following: ‘‘(3) DEFINITION OF INDIAN COMMUNITY-BASED ‘‘(iii) the Indian tribes whose children are ORGANIZATION.—In this subsection, the term served by the local educational agency, con- ‘‘(d) OUTREACH.—The Secretary shall mon- ‘Indian community-based organization’ sistent with section 444 of the General Edu- itor the applications for grants under this means any organization that— cation Provisions Act (20 U.S.C. 1232g) (com- subpart to identify eligible local educational ‘‘(A) is composed primarily of Indian par- monly referred to as the ‘Family Edu- agencies and schools operated by the Bureau ents and community members, tribal govern- cational Rights and Privacy Act of 1974’); of Indian Education that have not applied for ment education officials, and tribal members and’’; and such grants, and shall undertake appropriate from a specific community; (II) in subparagraph (C), by striking the pe- outreach activities to encourage and assist ‘‘(B) assists in the social, cultural, and riod at the end and inserting ‘‘; and’’; and eligible entities to submit applications for educational development of Indians in such (v) by adding at the end the following: such grants. community; ‘‘(7) describes the process the local edu- ‘‘(e) TECHNICAL ASSISTANCE.—The Sec- ‘‘(C) meets the unique cultural, language, cational agency used to collaborate with In- retary shall, directly or by contract, provide and academic needs of Indian students; and dian tribes located in the community in the technical assistance to a local educational ‘‘(D) demonstrates organizational capacity development of the comprehensive programs agency or Bureau of Indian Education school to manage the grant. and the actions taken as a result of such col- upon request (in addition to any technical ‘‘(e) CONSORTIA.— laboration.’’; assistance available under other provisions ‘‘(1) IN GENERAL.—A local educational (C) in subsection (c)— of this Act or available through the Institute agency, Indian tribe, or Indian organization (i) in paragraph (1), by striking ‘‘the edu- of Education Sciences) to support the serv- that meets the eligibility requirements cation of Indian children,’’ and inserting ices and activities provided under this sub- under this section may form a consortium ‘‘services and activities consistent with part, including technical assistance for— with other eligible local educational agen- those described in this subpart,’’; ‘‘(1) the development of applications under cies, Indian tribes, or Indian organizations (ii) in paragraph (2)— this subpart; for the purpose of obtaining grants and oper- (I) in subparagraph (A), by striking ‘‘and’’ ‘‘(2) improvement in the quality of imple- ating programs under this subpart. after the semicolon; mentation, content, and evaluation of activi- ‘‘(2) REQUIREMENTS.—In any case where 2 (II) in subparagraph (B), by striking ties supported under this subpart; and or more local educational agencies, Indian ‘‘served by such agency;’’ and inserting tribes, or Indian organizations that are eligi- ‘‘served by such agency, and meet program ‘‘(3) integration of activities under this ble under subsection (b) form or participate objectives and outcomes for activities under subpart with other educational activities in a consortium to obtain a grant, or operate this subpart; and’’; and carried out by the local educational agen- a program, under this subpart, each local (III) by adding at the end the following: cy.’’; educational agency, Indian tribe, and Indian ‘‘(C) determine the extent to which such (6) in section 7115— organization participating in such a consor- activities address the unique cultural, lan- (A) in subsection (a)— tium shall— guage, and educational needs of Indian stu- (i) in paragraph (1), by inserting ‘‘solely for ‘‘(A) provide, in the application submitted dents;’’; the services and activities described in such under section 7114, an assurance that the eli- (iii) in paragraph (3)(C)— application’’ after ‘‘under section 7114(a)’’; gible Indian children served by such local (I) by inserting ‘‘representatives of Indian and educational agency, Indian tribe, and Indian tribes on Indian lands located within 50 (ii) in paragraph (2), by inserting ‘‘to be re- organization will receive the services of the miles of any school that the agency will sponsive to the unique learning styles of In- programs funded under this subpart; and serve if such tribe has any children in such dian and Alaska Native children’’ after ‘‘In- ‘‘(B) agree to be subject to all require- school,’’ after ‘‘parents of Indian children dian students’’; ments, assurances, and obligations applica- and teachers,’’; and (B) by striking subsection (b) and inserting ble to a local educational agency, Indian (II) by striking ‘‘and’’ after the semicolon; the following: tribe, and Indian organization receiving a (iv) in paragraph (4)— ‘‘(b) PARTICULAR ACTIVITIES.—The services grant under this subpart.’’; (I) in subparagraph (A)— and activities referred to in subsection (a) (4) in section 7113— (aa) in clause (i), by inserting ‘‘and family may include— (A) in subsection (b)(1), by striking ‘‘Bu- members’’ after ‘‘parents’’; ‘‘(1) activities that support Native Amer- reau of Indian Affairs’’ and inserting ‘‘Bu- (bb) by redesignating clauses (ii) and (iii) ican language programs and Native Amer- reau of Indian Education’’; and as clauses (iii) and (iv), respectively; and ican language restoration programs, which (B) in subsection (d)— (cc) by inserting after clause (i) the fol- may be taught by traditional leaders; (i) in the subsection heading, by striking lowing: ‘‘(2) culturally related activities that sup- ‘‘INDIAN AFFAIRS’’ and inserting ‘‘INDIAN ‘‘(ii) representatives of Indian tribes on In- port the program described in the applica- EDUCATION’’; and dian lands located within 50 miles of any tion submitted by the local educational (ii) in paragraph (1)(A)(i), by striking ‘‘Bu- school that the agency will serve if such agency; reau of Indian Affairs’’ and inserting ‘‘Bu- tribe has any children in such school;’’; ‘‘(3) high-quality early childhood and fam- reau of Indian Education’’; (II) by striking subparagraph (B) and in- ily programs that emphasize school readi- (5) in section 7114— serting the following: ness;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00227 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.041 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5406 CONGRESSIONAL RECORD — SENATE July 21, 2015 ‘‘(4) enrichment programs that focus on achievement, graduation rates, and other (ii) in paragraph (2)(B), by inserting ‘‘and problem solving and cognitive skills develop- relevant outcomes for Indian students.’’; youth’’ after ‘‘Alaska Native children’’; ment and directly support the attainment of (8) in section 7117— (C) in subsection (b), by striking ‘‘Indian challenging State academic standards de- (A) in subsection (b)(1)— institution (including an Indian institution scribed in 1111(b); (i) in subparagraph (A)(ii), by inserting ‘‘or of higher education)’’ and inserting ‘‘a Tribal ‘‘(5) integrated educational services in membership’’ after ‘‘the enrollment’’; and College or University (as defined in section combination with other programs that meet (ii) in subparagraph (B), by inserting ‘‘or 316(b) of the Higher Education Act of 1965)’’; the needs of Indian children and their fami- membership’’ after ‘‘the enrollment’’; (D) in subsection (c)— lies, including programs that promote paren- (B) by striking subsection (e) and inserting (i) in paragraph (1)— tal involvement in school activities and in- the following: (I) in subparagraph (A), by inserting ‘‘and crease student achievement; ‘‘(e) DOCUMENTATION.— youth’’ after ‘‘disadvantaged children’’; ‘‘(6) career preparation activities to enable ‘‘(1) IN GENERAL.—For purposes of deter- (II) in subparagraph (B), by inserting ‘‘and Indian students to participate in programs mining whether a child is eligible to be youth’’ after ‘‘such children’’; such as the programs supported by the Carl counted for the purpose of computing the (III) in subparagraph (D), by inserting ‘‘and D. Perkins Career and Technical Education amount of a grant award under section 7113, youth’’ after ‘‘Indian children’’; Act of 2006, including programs for tech-prep the membership of the child, or any parent (IV) in subparagraph (E), by inserting ‘‘and education, mentoring, and apprenticeship; or grandparent of the child, in a tribe or youth’’ after ‘‘Indian children’’ both places ‘‘(7) activities to educate individuals so as band of Indians (as so defined) may be estab- the term appears; to prevent violence, suicide, and substance lished by proof other than an enrollment (V) by striking subparagraph (G) and in- abuse; number, notwithstanding the availability of serting the following: ‘‘(8) the acquisition of equipment, but only an enrollment number for a member of such ‘‘(G) high-quality early childhood edu- if the acquisition of the equipment is essen- tribe or band. Nothing in subsection (b) shall cation programs that are effective in pre- tial to achieve the purpose described in sec- be construed to require the furnishing of an paring young children to be making suffi- tion 7111; enrollment number. cient academic progress by the end of grade ‘‘(9) activities that promote the incorpora- ‘‘(2) NO NEW OR DUPLICATE DETERMINA- 3, including kindergarten and prekinder- tion of culturally responsive teaching and TIONS.—Once a child is determined to be an garten programs, family-based preschool learning strategies into the educational pro- Indian eligible to be counted for such grant programs that emphasize school readiness, gram of the local educational agency; award, the local educational agency shall and the provision of services to Indian chil- ‘‘(10) family literacy services; maintain a record of such determination and dren with disabilities;’’; and ‘‘(11) activities that recognize and support shall not require a new or duplicate deter- (VI) in subparagraph (L)— the unique cultural and educational needs of mination to be made for such child for a sub- (aa) by striking ‘‘appropriately qualified Indian children, and incorporate appro- sequent application for a grant under this tribal elders and seniors’’ and inserting ‘‘tra- priately qualified tribal elders and seniors; subpart. ditional leaders’’; and and ‘‘(3) PREVIOUSLY FILED FORMS.—An Indian (bb) by inserting ‘‘and youth’’ after ‘‘In- ‘‘(12) dropout prevention strategies and student eligibility form that was on file as dian children’’; strategies to— required by this section on the day before (ii) in paragraph (2), by striking ‘‘Profes- ‘‘(A) meet the educational needs of at-risk the date of enactment of the Every Child sional development’’ and inserting ‘‘High- Indian students in correctional facilities; Achieves Act of 2015 and that met the re- quality professional development’’; and quirements of this section, as this section (E) in subsection (d)— ‘‘(B) support Indian students who are was in effect on the day before the date of (i) in paragraph (1)(C), by striking ‘‘make a transitioning from such facilities to schools enactment of such Act, shall remain valid grant payment for a grant described in this served by local educational agencies.’’; for such Indian student.’’; paragraph to an eligible entity after the ini- (C) in subsection (c)— (C) in subsection (g), by striking ‘‘Bureau tial year of the multiyear grant only if the (i) in paragraph (1), by striking ‘‘and’’ after of Indian Affairs’’ and inserting ‘‘Bureau of Secretary determines’’ and inserting ‘‘award the semicolon; Indian Education’’; and grants for an initial period of not more than (ii) in paragraph (2), by striking the period (D) by adding at the end the following: 3 years and may renew such grants for not and inserting ‘‘; and’’; and ‘‘(i) TECHNICAL ASSISTANCE.—The Sec- more than an additional 2 years if the Sec- (iii) by adding at the end the following: retary shall, directly or through contract, retary determines’’; and ‘‘(3) the local educational agency identifies provide technical assistance to a local edu- (ii) in paragraph (3)(B)— in its application how the use of such funds cational agency or Bureau of Indian Edu- (I) in clause (i), by striking ‘‘parents of In- in a schoolwide program will provide bene- cation school upon request, in addition to dian children’’ and inserting ‘‘parents and fits to Indian students.’’; and any technical assistance available under sec- family of Indian children’’; and (D) by adding at the end the following: tion 1114 or available through the Institute (II) in clause (iii), by striking ‘‘information ‘‘(e) LIMITATION ON USE OF FUNDS.—Funds of Education Sciences, to support the serv- demonstrating that the proposed program provided to a grantee under this subpart may ices and activities described under this sec- for the activities is a scientifically based re- not be used for long-distance travel expenses tion, including for the— search program’’ and inserting ‘‘evidence for training activities available locally or re- ‘‘(1) development of applications under this demonstrating that the proposed program is gionally.’’; section; an evidence-based program’’; and (7) in section 7116— ‘‘(2) improvement in the quality of imple- (F) by adding at the end the following: (A) in subsection (g)— mentation, content of activities, and evalua- ‘‘(f) CONTINUATION.—Notwithstanding any (i) by striking ‘‘No Child Left Behind Act tion of activities supported under this sub- other provision of this section, a grantee of 2001’’ and inserting ‘‘Every Child Achieves part; that is carrying out activities pursuant to a Act of 2015’’; ‘‘(3) integration of activities under this grant awarded under this section prior to the (ii) by inserting ‘‘the Secretary of Health title with other educational activities estab- date of enactment of the Every Child and Human Services,’’ after ‘‘the Secretary lished by the local educational agency; and Achieves Act of 2015 may continue to carry of the Interior,’’; and ‘‘(4) coordination of activities under this out such activities after such date of enact- (iii) by inserting ‘‘and coordination’’ after title with programs administered by each ment under such grant in accordance with ‘‘providing for the implementation’’; and Federal agency providing grants for the pro- the terms of such grant award.’’; (B) in subsection (o)— vision of educational and related services (11) in section 7122— (i) in paragraph (1), by striking ‘‘Not later and sharing of best practices.’’; (A) in subsection (a)— than 2 years after the date of enactment of (9) in section 7118, by striking subsection (i) in the subsection heading, by striking the No Child Left Behind Act of 2001,’’ and (c) and inserting the following: ‘‘PURPOSES’’ and inserting ‘‘PURPOSE’’; inserting ‘‘Not later than 2 years after date ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE (ii) in the matter preceding paragraph (1), of enactment of the Every Child Achieves TO MAINTAIN FISCAL EFFORT.—Each local by striking ‘‘The purposes of this section Act of 2015, and every 5 years thereafter,’’; educational agency shall maintain fiscal ef- are’’ and inserting ‘‘The purpose of this sec- and fort in accordance with section 9521 or be tion is’’; (ii) by striking paragraph (2) and inserting subject to reduced payments under this sub- (iii) in paragraph (1), by striking ‘‘individ- the following: part in accordance with such section 9521.’’; uals in teaching or other education profes- ‘‘(2) CONTENTS.—The report required under (10) in section 7121— sions that serve Indian people’’ and inserting paragraph (1) shall identify— (A) by striking the section header and in- ‘‘or Alaska Native teachers and administra- ‘‘(A) any statutory barriers to the ability serting the following: tors serving Indian or Alaska Native stu- of participants to more effectively integrate ‘‘SEC. 7121. IMPROVEMENT OF EDUCATIONAL OP- dents’’; their education and related services to In- PORTUNITIES FOR INDIAN CHIL- (iv) in paragraph (2)— dian students in a manner consistent with DREN AND YOUTH.’’; (I) by inserting ‘‘and support’’ after ‘‘to the objectives of this section; and (B) in subsection (a)— provide training’’; ‘‘(B) the effective practices for program in- (i) in paragraph (1), by inserting ‘‘and (II) by inserting ‘‘or Alaska Native’’ after tegration that result in increased student youth’’ after ‘‘Indian children’’; and ‘‘Indian’’;

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00228 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.041 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5407 (III) by striking ‘‘teachers, administrators, proportion of Indian or Alaska Native stu- ‘‘(C) receive training and support from the teacher aides’’ and inserting ‘‘effective dents; and State educational agency and local edu- teachers, principals, other school leaders, ad- ‘‘(3) assist participants in meeting the re- cational agency, in areas such as data collec- ministrators, teacher aides, counselors’’; quirements under subsection (h).’’; tion and analysis, grants management and (IV) by striking ‘‘ancillary educational (E) in subsection (f)— monitoring, fiscal accountability, and other personnel’’ and inserting ‘‘specialized in- (i) by redesignating paragraphs (1) and (2) areas as needed; structional support personnel’’; and as paragraphs (2) and (3), respectively; ‘‘(D) train and support the State edu- (V) by striking ‘‘and’’ after the semicolon; (ii) by inserting before paragraph (2), as re- cational agency and local educational agen- (v) in paragraph (3)— designated by clause (i), the following: cy in areas related to tribal history, lan- (I) by inserting ‘‘or Alaska Native’’ after ‘‘(1) may give priority to tribally chartered guage, or culture; ‘‘Indian’’; and and federally chartered institutions of high- ‘‘(E) build on existing activities or re- (II) by striking the period at the end and er education;’’; and sources rather than replacing other funds; inserting ‘‘; and’’; and (iii) in paragraph (3), as redesignated by and (vi) by adding at the end the following: clause (i), by striking ‘‘basis of’’ and all that ‘‘(F) carry out other activities, subject to ‘‘(4) to develop and implement initiatives follows through the period at the end and in- the approval of the Secretary. to promote retention of effective teachers, serting ‘‘basis of the length of any period for ‘‘(d) GRANT APPLICATION.— principals, and school leaders who have a which the eligible entity has received a ‘‘(1) IN GENERAL.—Each eligible applicant record of success in helping low-achieving grant.’’; desiring a grant under this section shall sub- Indian or Alaska Native students improve (F) by striking subsection (g) and inserting mit an application to the Secretary at such their academic achievement, outcomes, and the following: time, in such manner, containing such infor- preparation for postsecondary education or ‘‘(g) GRANT PERIOD.—The Secretary shall mation, and consistent with such criteria, as the workforce without the need for postsec- award grants under this section for an initial the Secretary may reasonably prescribe. ondary remediation.’’; period of not more than 3 years, and may ‘‘(2) CONTENTS.—Each application described (B) in subsection (b)— renew such grants for an additional period of in paragraph (1) shall contain— (i) in paragraph (1), by striking ‘‘including not more than 2 years if the Secretary finds ‘‘(A) a statement describing the activities an Indian institution of higher education’’ that the grantee is achieving the objectives to be conducted, and the objectives to be and inserting ‘‘including a Tribal College or of the grant.’’; and achieved, under the grant; University, as defined in section 316(b) of the (G) in subsection (h)(1)(A)(ii), by striking ‘‘(B) a description of the method to be used for evaluating the effectiveness of the activi- Higher Education Act of 1965’’; and ‘‘people’’ and inserting ‘‘students in a local ties for which assistance is sought and for (ii) in paragraph (4), by inserting ‘‘in a con- educational agency that serves a high pro- determining whether such objectives are sortium with at least one Tribal College or portion of Indian or Alaska Native stu- achieved; and University, as defined in section 316(b) of the dents’’; ‘‘(C) for applications for activities under Higher Education Act of 1965, where fea- (12) by striking section 7135 and inserting subsection (c)(2), evidence of— sible’’ before the period at the end; the following: ‘‘(i) a preliminary agreement with the ap- (C) in subsection (d)— ‘‘SEC. 7135. GRANTS TO TRIBES FOR EDUCATION propriate State educational agency, 1 or (i) in paragraph (1)— ADMINISTRATIVE PLANNING, DE- VELOPMENT, AND COORDINATION. more local educational agencies, or both the (I) in the first sentence— ‘‘(a) IN GENERAL.—The Secretary may State educational agency and a local edu- (aa) by inserting ‘‘or Alaska Native’’ after award grants under this section to eligible cational agency; and ‘‘Indian’’; and applicants to enable the eligible applicants ‘‘(ii) existing capacity as a tribal edu- (bb) by striking ‘‘purposes’’ and inserting to— cational agency. ‘‘purpose’’; and ‘‘(1) promote tribal self-determination in ‘‘(3) APPROVAL.—The Secretary may ap- (II) by striking the second sentence and in- education; prove an application submitted by an eligi- serting ‘‘Such activities may include—’’ ‘‘(2) improve the academic achievement of ble applicant under this subsection only if ‘‘(A) continuing education programs, Indian children and youth; and the Secretary is satisfied that such applica- symposia, workshops, and conferences; ‘‘(3) promote the coordination and collabo- tion, including any documentation sub- ‘‘(B) teacher mentoring programs, profes- ration of tribal educational agencies with mitted with the application— sional guidance, and instructional support State and local educational agencies to meet ‘‘(A) demonstrates that the eligible appli- provided by educators, local tribal elders, or the unique educational and culturally re- cant has consulted with other education en- cultural experts, as appropriate for teachers lated academic needs of Indian students. tities, if any, within the territorial jurisdic- during their first 3 years of employment as ‘‘(b) DEFINITIONS.—In this section: tion of the applicant that will be affected by teachers; ‘‘(1) ELIGIBLE APPLICANT.—In this section, the activities to be conducted under the ‘‘(C) direct financial support; and the term ‘eligible applicant’ means— grant; ‘‘(D) programs designed to train tribal el- ‘‘(A) an Indian tribe or tribal organization ‘‘(B) provides for consultation with such ders and cultural experts to assist those per- approved by an Indian tribe; or other education entities in the operation and sonnel referenced in subsection (a)(2), as ap- ‘‘(B) a tribal educational agency. evaluation of the activities conducted under propriate, with relevant Native language and ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ the grant; and cultural mentoring, guidance, and support.’’; means a federally recognized tribe or a ‘‘(C) demonstrates that there will be ade- and State-recognized tribe. quate resources provided under this section (ii) in paragraph (2), by adding at the end ‘‘(3) TRIBAL EDUCATIONAL AGENCY.—The or from other sources to complete the activi- the following: term ‘tribal educational agency’ means the ties for which assistance is sought. ‘‘(C) CONTINUATION.—Notwithstanding any agency, department, or instrumentality of ‘‘(e) RESTRICTIONS.— other provision of this section, a grantee an Indian tribe that is primarily responsible ‘‘(1) IN GENERAL.—A tribe may not receive that is carrying out activities pursuant to a for supporting tribal students’ elementary funds under this section if such tribe re- grant awarded under this section prior to the and secondary education. ceives funds under section 1140 of the Edu- date of enactment of the Every Child ‘‘(c) GRANT PROGRAM.—The Secretary may cation Amendments of 1978. Achieves Act of 2015 may continue to carry award grants to— ‘‘(2) DIRECT SERVICES.—No funds under this out such activities under such grant in ac- ‘‘(1) eligible applicants described under section may be used to provide direct serv- cordance with the terms of that award.’’; subsection (b)(1)(A) to plan and develop a ices. (D) by striking subsection (e) and inserting tribal educational agency, if the tribe or or- ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds the following: ganization has no current tribal educational under this section shall be used to supple- ‘‘(e) APPLICATION.—Each eligible entity de- agency, for a period of not more than 1 year; ment, and not supplant, other Federal, siring a grant under this section shall sub- and State, and local programs that meet the mit an application to the Secretary at such ‘‘(2) eligible applicants described under needs of tribal students.’’; time, in such manner, and accompanied by subsection (b)(1)(B), for a period of not more (13) in section 7141(b)(1), by inserting ‘‘and such information, as the Secretary may rea- than 3 years, in order to— the Secretary of the Interior’’ after ‘‘advise sonably require. At a minimum, an applica- ‘‘(A) directly administer education pro- the Secretary’’; tion under this section shall describe how grams, including formula grant programs (14) in section 7151, by adding at the end the eligible entity will— under this Act, consistent with State law the following: ‘‘(1) recruit qualified Indian or Alaska Na- and under a written agreement between the ‘‘(4) TRADITIONAL LEADERS.—The term ‘tra- tive individuals, such as students who may parties; ditional leaders’ has the meaning given the not be of traditional college age, to become ‘‘(B) build capacity to administer and co- term in section 103 of the Native American teachers, principals, or school leaders; ordinate such education programs, and to Languages Act (25 U.S.C. 2902).’’; and ‘‘(2) use funds made available under the improve the relationship and coordination (15) in section 7152— grant to support the recruitment, prepara- between such applicants and the State edu- (A) in subsection (a), by striking tion, and professional development of Indian cational agencies and local educational ‘‘$96,400,000 for fiscal year 2002 and such sums or Alaska Native teachers or principals in agencies that educate students from the as may be necessary for each of the 5 suc- local educational agencies that serve a high tribe; ceeding fiscal years’’ and inserting ‘‘such

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sums as may be necessary for each of fiscal ‘‘(6) CHAIR; VICE CHAIR.— ‘‘(6) prepare and submit to the Secretary, years 2016 through 2021’’; and ‘‘(A) SELECTION.—The Education Council at the end of each calendar year, an annual (B) in subsection (b) by striking shall select a Chairperson and a Vice-Chair- report that contains— ‘‘$24,000,000 for fiscal year 2002 and such sums person from among the members of the Edu- ‘‘(A) a description of the activities of the as may be necessary for each of the 5 suc- cation Council. Education Council during the calendar year; ceeding fiscal years’’ and inserting ‘‘such ‘‘(B) TERM LIMITS.—The Chairperson and ‘‘(B) a description of significant barriers to sums as may be necessary for each of fiscal Vice-Chairperson shall each serve for a 2- achieving the goals of this part; years 2016 through 2021’’. year term. ‘‘(C) a summary of each community con- SEC. 7002. NATIVE HAWAIIAN EDUCATION. ‘‘(7) ADMINISTRATIVE PROVISIONS RELATING sultation session described in subsection (e); Part B of title VII (20 U.S.C. 7511 et seq.) is TO EDUCATION COUNCIL.—The Education Coun- and amended— cil shall meet at the call of the Chairperson ‘‘(D) recommendations to establish prior- (1) in section 7202, by striking paragraphs of the Council, or upon request by a majority ities for funding under this part, based on an (14) through (21); of the members of the Education Council, assessment of— (2) by striking section 7204 and inserting but in any event not less often than every 120 ‘‘(i) the educational needs of Native Hawai- the following: days. ians; ‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUN- ‘‘(8) NO COMPENSATION.—None of the funds ‘‘(ii) programs and services available to ad- CIL. made available through the grant may be dress such needs; ‘‘(a) GRANT AUTHORIZED.—In order to bet- used to provide compensation to any member ‘‘(iii) the effectiveness of programs in im- ter effectuate the purposes of this part of the Education Council or member of a proving the educational performance of Na- through the coordination of educational and working group established by the Education tive Hawaiian students to help such students related services and programs available to Council, for functions described in this sec- meet challenging State academic standards Native Hawaiians, including those programs tion. under section 1111(b)(1); and that receive funding under this part, the Sec- ‘‘(iv) priorities for funding in specific geo- retary shall award a grant to the education ‘‘(c) USE OF FUNDS FOR COORDINATION AC- graphic communities. council described under subsection (b). TIVITIES.—The Education Council shall use ‘‘(e) USE OF FUNDS FOR COMMUNITY CON- ‘‘(b) EDUCATION COUNCIL.— funds made available through a grant under SULTATIONS.—The Education Council shall ‘‘(1) ELIGIBILITY.—To be eligible to receive subsection (a) to carry out each of the fol- use funds made available through the grant the grant under subsection (a), the council lowing activities: under subsection (a) to hold not less than 1 shall be an education council (referred to in ‘‘(1) Providing advice about the coordina- community consultation each year on each this section as the ‘Education Council’) that tion of, and serving as a clearinghouse for, of the islands of Hawaii, Maui, Molokai, meets the requirements of this subsection. the educational and related services and pro- Lanai, Oahu, and Kauai, at which— ‘‘(2) COMPOSITION.—The Education Council grams available to Native Hawaiians, includ- ‘‘(1) not less than 3 members of the Edu- shall consist of 15 members, of whom— ing the programs assisted under this part. cation Council shall be in attendance; ‘‘(A) 1 shall be the President of the Univer- ‘‘(2) Assessing the extent to which such ‘‘(2) the Education Council shall gather sity of Hawaii (or a designee); services and programs meet the needs of Na- community input regarding— ‘‘(B) 1 shall be the Governor of the State of tive Hawaiians, and collecting data on the ‘‘(A) current grantees under this part, as of Hawaii (or a designee); status of Native Hawaiian education. the date of the consultation; ‘‘(C) 1 shall be the Superintendent of the ‘‘(3) Providing direction and guidance, ‘‘(B) priorities and needs of Native Hawai- State of Hawaii Department of Education (or through the issuance of reports and rec- ians; and a designee); ommendations, to appropriate Federal, ‘‘(C) other Native Hawaiian education ‘‘(D) 1 shall be the chairperson of the Office State, and local agencies in order to focus issues; and of Hawaiian Affairs (or a designee); and improve the use of resources, including ‘‘(3) the Education Council shall report to ‘‘(E) 1 shall be the executive director of Ha- resources made available under this part, re- the community on the outcomes of the ac- waii’s Charter School Network (or a des- lating to Native Hawaiian education, and tivities supported by grants awarded under ignee); serving, where appropriate, in an advisory this part. ‘‘(F) 1 shall be the chief executive officer of capacity. ‘‘(f) FUNDING.—For each fiscal year, the the Kamehameha Schools (or a designee); ‘‘(4) Awarding grants, if such grants enable Secretary shall use the amount described in ‘‘(G) 1 shall be the Chief Executive Officer the Education Council to carry out the ac- section 7205(c)(2), to make a payment under of the Queen Liliuokalani Trust (or a des- tivities described in paragraphs (1) through the grant. Funds made available through the ignee); (3). grant shall remain available until ex- pended.’’; ‘‘(H) 1 shall be a member, selected by the ‘‘(5) Hiring an executive director, who shall (3) in section 7205— other members of the Education Council, assist in executing the duties and powers of (A) in subsection (a)(1)— who represents a private grant-making enti- the Education Council, as described in sub- (i) in subparagraph (C), by striking ‘‘and’’ ty; section (d). ‘‘(I) 1 shall be the Mayor of the County of after the semicolon; Hawaii (or a designee); ‘‘(d) USE OF FUNDS FOR TECHNICAL ASSIST- (ii) by redesignating subparagraph (D) as ‘‘(J) 1 shall be the Mayor of Maui County ANCE.—The Education Council shall use subparagraph (E); and (or a designee from the Island of Maui); funds made available through a grant under (iii) by inserting after subparagraph (C) the ‘‘(K) 1 shall be the Mayor of the County of subsection (a) to— following: Kauai (or a designee); ‘‘(1) provide technical assistance to Native ‘‘(D) charter schools; and’’; and ‘‘(L) 1 shall be appointed by the Mayor of Hawaiian organizations that are grantees or (B) in subsection (c)— Maui County from the Island of Molokai or potential grantees under this part; (i) in paragraph (1), by striking ‘‘for fiscal the Island of Lanai; ‘‘(2) obtain from such grantees information year 2002 and each of the 5 succeeding 5 fiscal ‘‘(M) 1 shall be the Mayor of the City and and data regarding grants awarded under years’’ and inserting ‘‘for each of fiscal years County of Honolulu (or a designee); this part, including information and data 2016 through 2021’’; and ‘‘(N) 1 shall be the chairperson of the Ha- about— (ii) in paragraph (2), by striking ‘‘for fiscal waiian Homes Commission (or a designee); ‘‘(A) the effectiveness of such grantees in year 2002 and each of the 5 succeeding fiscal and meeting the educational priorities estab- years’’ and inserting ‘‘for each of fiscal years ‘‘(O) 1 shall be the chairperson of the Ha- lished by the Education Council, as described 2016 through 2021’’; and waii Workforce Development Council (or a in paragraph (6)(D), using metrics related to (4) in section 7207— designee representing the private sector). these priorities; and (A) by redesignating paragraphs (1) ‘‘(3) REQUIREMENTS.—Any designee serving ‘‘(B) the effectiveness of such grantees in through (6) as paragraphs (2) through (7), re- on the Education Council shall demonstrate, carrying out any of the activities described spectively; and as determined by the individual who ap- in paragraphs (2) and (3) of section 7205(a) (B) by inserting before paragraph (2), as re- pointed such designee with input from the that are related to the specific goals and pur- designated by subparagraph (A), the fol- Native Hawaiian community, not less than 5 poses of each grantee’s grant project, using lowing: years of experience as a consumer or pro- metrics related to these priorities; ‘‘(1) COMMUNITY CONSULTATION.—The term vider of Native Hawaiian educational or cul- ‘‘(3) assess and define the educational ‘community consultation’ means a public tural activities, with traditional cultural ex- needs of Native Hawaiians; gathering— perience given due consideration. ‘‘(4) assess the programs and services avail- ‘‘(A) to discuss Native Hawaiian education ‘‘(4) LIMITATION.—A member (including a able to address the educational needs of Na- concerns; and designee), while serving on the Education tive Hawaiians; ‘‘(B) about which the public has been given Council, shall not be a direct recipient or ad- ‘‘(5) assess and evaluate the individual and not less than 30 days notice.’’. ministrator of grant funds that are awarded aggregate impact achieved by grantees under SEC. 7003. ALASKA NATIVE EDUCATION. under this part. this part in improving Native Hawaiian edu- Part C of title VII (20 U.S.C. 7541 et seq.) is ‘‘(5) TERM OF MEMBERS.—A member who is cational performance and meeting the goals amended— a designee shall serve for a term of not more of this part, using metrics related to these (1) in section 7302, by striking paragraphs than 4 years. goals; and (1) through (7) and inserting the following:

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00230 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.042 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5409 ‘‘(1) It is the policy of the Federal Govern- (3) by striking section 7304 and inserting ‘‘(ii) Recruitment and preparation of ment to maximize the leadership of and par- the following: teachers who are Alaska Native. ticipation by Alaska Native peoples in the ‘‘SEC. 7304. PROGRAM AUTHORIZED. ‘‘(iii) Programs that will lead to the cer- planning and the management of Alaska Na- ‘‘(a) GENERAL AUTHORITY.— tification and licensing of Alaska Native tive education programs and to support ef- ‘‘(1) GRANTS AND CONTRACTS.—The Sec- teachers, principals, other school leaders, forts developed by and undertaken within retary is authorized to make grants to, or and superintendents. the Alaska Native community to improve enter into contracts with, any of the fol- ‘‘(C) Early childhood and parenting edu- educational opportunity for all students. lowing to carry out the purposes of this part: cation activities designed to improve the ‘‘(2) Many Alaska Native children enter ‘‘(A) Alaska Native tribes, Alaska Native school readiness of Alaska Native children, and exit school with serious educational dis- tribal organizations, or Alaska Native re- including— advantages. gional nonprofit corporations with experi- ‘‘(i) the development and operation of ‘‘(3) Overcoming the magnitude of the geo- ence operating programs that fulfill the pur- home visiting programs for Alaska Native graphic challenges, historical inequities, and poses of this part. preschool children, to ensure the active in- other barriers to successfully improving edu- ‘‘(B) Alaska Native tribes, Alaska Native volvement of parents in their children’s edu- tribal organizations, or Alaska Native re- cational outcomes for Alaska Native stu- cation from the earliest ages; gional nonprofit corporations without such dents in rural, village, and urban settings is ‘‘(ii) training, education, and support, in- experience that are in partnership with— challenging. Significant disparities between cluding in-home visitation, for parents and ‘‘(i) a State educational agency or a local academic achievement of Alaska Native stu- caregivers of Alaska Native children to im- dents and non-Native students continues, in- educational agency; or ‘‘(ii) Indian tribes, tribal organizations, or prove parenting and caregiving skills (in- cluding lower graduation rates, increased cluding skills relating to discipline and cog- school dropout rates, and lower achievement Alaska Native regional nonprofit corpora- tions that operate programs that fulfill the nitive development, reading readiness, obser- scores on standardized tests. purposes of this part. vation, storytelling, and critical thinking); ‘‘(4) The preservation of Alaska Native cul- ‘‘(C) An entity located in Alaska, and pre- ‘‘(iii) family literacy services; tures and languages and the integration of dominately governed by Alaska Natives, ‘‘(iv) activities carried out under the Head Alaska Native cultures and languages into that does not meet the definition of an Alas- Start Act; education, positive identity development for ka Native tribe, an Alaska Native tribal or- ‘‘(v) programs for parents and their in- Alaska Native students, and local, place- ganization, or an Alaska Native regional fants, from the prenatal period of the infant based, and culture-based programming are nonprofit corporation, under this part, pro- through age 3; critical to the attainment of educational vided that the entity— ‘‘(vi) early childhood education programs; success and the long-term well-being of Alas- ‘‘(i) has experience operating programs and ka Native students. that fulfill the purposes of this part; and ‘‘(vii) Native language immersion within ‘‘(5) Improving educational outcomes for ‘‘(ii) is granted an official charter or sanc- early childhood, Head Start, or preschool Alaska Native students increases access to tion, as prescribed in section 4 of the Indian programs. employment opportunities. Self-Determination and Education Assist- ‘‘(D) The development and operation of ‘‘(6) The programs and activities author- ance Act (25 U.S.C. 450b), from at least one student enrichment programs, including ized under this part should be led by Alaska Alaska Native tribe or Alaska Native tribal those in science, technology, engineering, Native entities as a means of increasing organization to carry out programs that and mathematics that— Alaska Native parent and community in- meet the purposes of this part. ‘‘(i) are designed to prepare Alaska Native volvement in the promotion of academic suc- ‘‘(2) MULTI-YEAR AWARDS.—The recipient of students to excel in such subjects; cess of Alaska Native students. a multi-year award under this part, as this ‘‘(ii) provide appropriate support services ‘‘(7) The Federal Government should lend part was in effect prior to the date of enact- to enable such students to benefit from the support to efforts developed by and under- ment of the Every Child Achieves Act of 2015, programs; and taken within the Alaska Native community shall be eligible to receive continuation ‘‘(iii) include activities that recognize and to improve educational opportunity for Alas- funds in accordance with the terms of that support the unique cultural and educational ka Native students. In 1983, pursuant to Pub- award. needs of Alaska Native children and incor- lic Law 98–63, Alaska ceased to receive edu- ‘‘(3) MANDATORY ACTIVITIES.—Activities porate appropriately qualified Alaska Native cational funding from the Bureau of Indian provided through the programs carried out elders and other tradition bearers. Affairs. The Bureau of Indian Education does under this part shall include the following: ‘‘(E) Research and data collection activi- not operate any schools in Alaska, nor oper- ‘‘(A) The development and implementation ties to determine the educational status and ate or fund Alaska Native education pro- of plans, methods, strategies and activities needs of Alaska Native children and adults grams. The program under this part supports to improve the educational outcomes of and other such research and evaluation ac- the Federal trust responsibility of the Alaska Native peoples. United States to Alaska Natives.’’; tivities related to programs funded under ‘‘(B) The collection of data to assist in the this part. (2) in section 7303— evaluation of the programs carried out under ‘‘(F) Activities designed to increase Alaska (A) in paragraph (1), by inserting ‘‘and ad- this part. Native students’ graduation rates and assist dress’’ after ‘‘To recognize’’; ‘‘(4) PERMISSIBLE ACTIVITIES.—Activities Alaska Native students to be prepared for (B) by striking paragraph (3); provided through programs carried out under postsecondary education or the workforce (C) by redesignating paragraph (2) as para- this part may include the following: without the need for postsecondary remedi- graph (4) and paragraph (4) as paragraph (5); ‘‘(A) The development of curricula and pro- (D) by inserting after paragraph (1) the fol- grams that address the educational needs of ation, such as— lowing: Alaska Native students, including the fol- ‘‘(i) remedial and enrichment programs; ‘‘(2) To recognize the role of Alaska Native lowing: ‘‘(ii) culturally based education programs languages and cultures in the educational ‘‘(i) Curriculum materials that reflect the such as— success and long-term well-being of Alaska cultural diversity, languages, history, or the ‘‘(I) programs of study and other instruc- Native students. contributions of Alaska Native people. tion in Alaska Native history and ways of ‘‘(3) To integrate Alaska Native cultures ‘‘(ii) Instructional programs that make use living to share the rich and diverse cultures and languages into education, develop Alas- of Alaska Native languages and cultures. of Alaska Native peoples among Alaska Na- ka Native students’ positive identity, and ‘‘(iii) Networks that develop, test, and dis- tive youth and elders, non-Native students support local place-based and culture-based seminate best practices and introduce suc- and teachers, and the larger community; curriculum and programming.’’; cessful programs, materials, and techniques ‘‘(II) instructing Alaska Native youth in (E) in paragraph (4), as redesignated by to meet the educational needs of Alaska Na- leadership, communication, and Native cul- subparagraph (C), by striking ‘‘of supple- tive students in urban and rural schools. ture, arts, and languages; mental educational programs to benefit ‘‘(iv) Methods to evaluate teachers’ inclu- ‘‘(III) inter-generational learning and in- Alaska Natives.’’ and inserting ‘‘, manage- sion of diverse Alaska Native cultures in ternship opportunities to Alaska Native ment, and expansion of effective educational their lesson plans. youth and young adults; programs to benefit Alaska Native peoples.’’; ‘‘(B) Training and professional develop- ‘‘(IV) cultural immersion activities; and ment activities for educators, including the ‘‘(V) culturally informed curricula in- (F) by adding at the end the following: following: tended to preserve and promote Alaska Na- ‘‘(6) To ensure the maximum participation ‘‘(i) Pre-service and in-service training and tive culture; by Alaska Native educators and leaders in professional development programs to pre- ‘‘(VI) Native language instruction and im- the planning, development, implementation, pare teachers to develop appreciation for and mersion activities; management, and evaluation of programs de- understanding of Alaska Native history, cul- ‘‘(VII) school-within-a-school model pro- signed to serve Alaska Native students, and tures, values, and ways of knowing and grams; and to ensure that Alaska Native tribes and trib- learning in order to effectively address the ‘‘(VIII) college preparation and career al organizations play a meaningful role in cultural diversity and unique needs of Alas- planning; and providing supplemental educational services ka Native students and incorporate them ‘‘(iii) holistic school or community-based to Alaska Native students.’’; into lesson plans and teaching methods. support services to enable such students to

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(25 U.S.C. 450b), except that the term applies ‘‘(D) A description of how the applicant ‘‘(G) The establishment or operation of Na- only to tribal organizations in Alaska. will— tive language immersion nests or schools. ‘‘(4) ALASKA NATIVE REGIONAL NONPROFIT ‘‘(i) use the funds provided to meet the pur- ‘‘(H) Student and teacher exchange pro- CORPORATION.—The term ‘Alaska Native re- poses of this part; grams, cross-cultural immersion programs, gional nonprofit corporation’ means an orga- ‘‘(ii) implement the activities described in and culture camps designed to build mutual nization listed in clauses (i) through (xii) of subsection (f); respect and understanding among partici- section 419(4)(B) of the Social Security Act ‘‘(iii) ensure the implementation of rig- pants. (42 U.S.C. 619(4)(B)(i)-(xii)), or the successor orous academic content; and ‘‘(I) Education programs for at-risk urban of an entity so listed.’’. ‘‘(iv) ensure that students progress towards Alaska Native students that are designed to SEC. 7004. NATIVE AMERICAN LANGUAGE IMMER- high-level fluency goals. improve academic proficiency and gradua- SION SCHOOLS AND PROGRAMS. ‘‘(E) Information regarding the school’s or- tion rates, utilize strategies otherwise per- Title VII (20 U.S.C. 7401) is further amend- ganizational governance or affiliations, in- missible under this part, and incorporate a ed by adding at the end the following: cluding information about— strong data collection and continuous eval- ‘‘PART D—NATIVE AMERICAN AND ALASKA ‘‘(i) the school governing entity (such as a uation component. NATIVE LANGUAGE IMMERSION local educational agency, tribal education ‘‘(J) Strategies designed to increase par- SCHOOLS AND PROGRAMS agency or department, charter organization, ents’ involvement in their children’s edu- ‘‘SEC. 7401. NATIVE AMERICAN AND ALASKA NA- private organization, or other governing en- cation. TIVE LANGUAGE IMMERSION tity); ‘‘(K) Programs and strategies that provide SCHOOLS AND PROGRAMS. ‘‘(ii) the school’s accreditation status; technical assistance and support to schools ‘‘(a) PURPOSES.—The purposes of this sec- ‘‘(iii) any partnerships with institutions of and communities to engage adults in pro- tion are— higher education; and moting the academic progress and overall ‘‘(1) to establish a grant program to sup- ‘‘(iv) any indigenous language schooling well-being of Alaska Native people, such as port schools that use Native American and and research cooperatives. through— Alaska Native languages as the primary lan- ‘‘(F) An assurance that— ‘‘(i) strength-based approaches to child and guage of instruction; ‘‘(i) the school is engaged in meeting State youth development; ‘‘(2) to maintain, protect, and promote the or tribally designated proficiency levels for ‘‘(ii) positive youth-adult relationships; rights and freedom of Native Americans and students, as may be required by applicable and Alaska Natives to use, practice, maintain, Federal, State, or tribal law; ‘‘(iii) improved conditions for learning and revitalize their languages, as envisioned ‘‘(ii) the school provides assessments of (school climate, student connection to in the Native American Languages Act (25 students using the Native American or Alas- school and community), and increased con- U.S.C. 2901 et seq.); and ka Native language of instruction, where nections between schools and families. ‘‘(3) to support the Nation’s First Peoples’ possible; ‘‘(L) Career preparation activities to en- efforts to maintain and revitalize their lan- ‘‘(iii) the qualifications of all instructional able Alaska Native children and adults to guages and cultures, and to improve student and leadership personnel at such school is prepare for meaningful employment, includ- outcomes within Native American and Alas- sufficient to deliver high-quality education ka Native communities. ing programs providing tech-prep, men- through the Native American or Alaska Na- ‘‘(b) PROGRAM AUTHORIZED.— toring, training, and apprenticeship activi- tive language used in the school; and ‘‘(1) IN GENERAL.—From the amounts made ties. ‘‘(iv) the school will collect and report to ‘‘(M) Provision of operational support and available to carry out this part, the Sec- retary may award grants to eligible entities the public data relative to student achieve- purchasing of equipment, to develop regional ment and, if appropriate, rates of high school vocational schools in rural areas of Alaska, to develop and maintain, or to improve and expand, programs that support schools, in- graduation, career readiness, and enrollment including boarding schools, for Alaska Na- in postsecondary education or job training tive students in grades 9 through 12, or at cluding prekindergarten through postsec- ondary education sites and streams, using programs, of students who are enrolled in higher levels of education, to provide the the school’s programs. students with necessary resources to prepare Native American and Alaska Native lan- guages as the primary language of instruc- ‘‘(2) LIMITATION.—The Secretary shall not for skilled employment opportunities. give a priority in awarding grants under this ‘‘(N) Regional leadership academies that tion. ‘‘(2) ELIGIBLE ENTITIES.—In this section, part based on the information described in demonstrate effectiveness in building respect paragraph (1)(E). and understanding, and fostering a sense of the term ‘eligible entity’ means any of the ‘‘(3) SUBMISSION OF CERTIFICATION.— Alaska Native identity to promote their pur- following entities that has a plan to develop ‘‘(A) IN GENERAL.—An eligible entity that suit of and success in completing higher edu- and maintain, or to improve and expand, pro- grams that support the entity’s use of Native is a public elementary school or secondary cation or career training. school (including a public charter school) or ‘‘(O) Other activities, consistent with the American or Alaska Native languages as the primary language of instruction: a non-tribal for-profit or nonprofit organiza- purposes of this part, to meet the edu- tion shall submit, along with the application cational needs of Alaska Native children and ‘‘(A) An Indian tribe. ‘‘(B) A Tribal College or University (as de- requirements described in paragraph (1), a adults. certification described in subparagraph (B) ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— fined in section 316 of the Higher Education indicating that the school has the capacity There are authorized to be appropriated to Act of 1965). to provide education primarily through a Na- carry out this section such sums as may be ‘‘(C) A tribal education agency. necessary for each of fiscal years 2016 ‘‘(D) A local educational agency, including tive American or Alaska Native language through 2021.’’; a public charter school that is a local edu- and that there are sufficient speakers of the (4) by striking section 7305 and inserting cational agency under State law. target language at the school or available to the following: ‘‘(E) A school operated by the Bureau of In- be hired by the school. ‘‘(B) CERTIFICATION.—The certification de- ‘‘SEC. 7305. FUNDS FOR ADMINISTRATIVE PUR- dian Education. POSES. ‘‘(F) An Alaska Native Regional Corpora- scribed in subparagraph (A) shall be from one ‘‘Not more than 5 percent of funds provided tion (as defined in section 3 of the Alaska of the following entities, on whose land the to an award recipient under this part for any Native Claims Settlement Act (43 U.S.C. school is located, that is an entity served by fiscal year may be used for administrative 1602)). such school, or that is an entity whose mem- purposes.’’; and ‘‘(G) A private, tribal, or Alaska Native bers (as defined by that entity) are served by (5) in section 7306— nonprofit organization. the school: (A) in paragraph (1), by inserting ‘‘(43 ‘‘(c) APPLICATION.— ‘‘(i) A Tribal College or University (as de- U.S.C. 1602(b)) and includes the descendants ‘‘(1) IN GENERAL.—An eligible entity that fined in section 316 of the Higher Education of individuals so defined’’ after ‘‘Settlement desires to receive a grant under this section Act of 1965). Act’’; shall submit an application to the Secretary ‘‘(ii) A federally recognized Indian tribe or (B) by striking paragraph (2); and at such time, in such manner, and con- tribal organization. (C) by inserting after paragraph (1) the fol- taining such information as the Secretary ‘‘(iii) An Alaska Native Regional Corpora- lowing: may require, including the following: tion or an Alaska Native nonprofit organiza- ‘‘(2) ALASKA NATIVE TRIBE.—The term ‘‘(A) The name of the Native American or tion. ‘Alaska Native tribe’ has the meaning given Alaska Native language to be used for in- ‘‘(iv) A Native Hawaiian organization. the term ‘Indian tribe’ in section 4 of the In- struction at the school supported by the eli- ‘‘(d) AWARDING OF GRANTS.—In awarding dian Self-Determination and Education As- gible entity. grants under this section, the Secretary sistance Act (25 U.S.C. 450b), except that the ‘‘(B) The number of students attending shall— term applies only to Indian tribes in Alaska. such school. ‘‘(1) determine the amount of each grant ‘‘(3) ALASKA NATIVE TRIBAL ORGANIZATION.— ‘‘(C) The number of present hours of in- and the duration of each grant, which shall The term ‘Alaska Native tribal organization’ struction in or through 1 or more Native not exceed 3 years; and

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‘‘(2) ensure, to the maximum extent fea- tion with the National Assessment of Edu- (1) IN GENERAL.—The Secretary of Edu- sible, that diversity in languages is rep- cational Progress described under section 303 cation, in coordination with the Secretary of resented. of the National Assessment of Educational the Interior and the Secretary of Health and ‘‘(e) ACTIVITIES AUTHORIZED.— Progress Authorization Act (20 U.S.C. 9622). Human Services, shall prepare a report on ef- ‘‘(1) REQUIRED ACTIVITIES.—An eligible en- (6) Any other areas of Indian student data forts to address outbreaks of suicides among tity that receives a grant under this section collection, reporting, and analysis, as deter- elementary school and secondary school stu- shall use such funds to carry out the fol- mined by the Comptroller General. dents (referred to in this section as ‘‘student lowing activities: (b) REPORTING.— suicides’’) that occurred within 1 year prior ‘‘(A) Supporting Native American or Alas- (1) RECIPIENTS.—The Comptroller General to the date of enactment of this Act in In- ka Native language education and develop- shall prepare and submit reports setting dian country (as defined in section 1151 of ment. forth the conclusions of the study described title 18, United States Code). ‘‘(B) Providing professional development in subsection (a), in accordance with sub- (2) CONTENTS.—The report shall include in- for teachers and, as appropriate, staff and section (c), to each of the following: formation on— administrators to strengthen the overall lan- (A) The Committee on Indian Affairs of the (A) the Federal response to the occurrence guage and academic goals of the school that Senate. of high numbers of student suicides in Indian will be served by the grant program. (B) The Committee on Health, Education, country (as so defined); ‘‘(C) Carrying out other activities that pro- Labor, and Pensions of the Senate. (B) a list of Federal resources available to mote the maintenance and revitalization of (C) The Committee on Education and the prevent and respond to outbreaks of student the Native American or Alaska Native lan- Workforce of the House of Representatives. suicides, including the availability and use guage relevant to the grant program. (D) The Subcommittee on Indian, Insular, of tele-behavioral health care; ‘‘(2) ALLOWABLE ACTIVITIES.—An eligible and Alaska Native Affairs of the House of (C) any barriers to timely implementation entity that receives a grant under this sec- Representatives. of programs or interagency collaboration re- tion may use such funds to carry out the fol- (2) FUTURE LEGISLATION.—The Comptroller garding student suicides; lowing activities: General shall include in the reports de- (D) interagency collaboration efforts to ‘‘(A) Developing or refining curriculum, in- scribed in subsection (b) recommendations to streamline access to programs regarding stu- cluding teaching materials and activities, as inform future legislation regarding the col- dent suicides, including information on how appropriate. lection, reporting, and analysis of Indian the Department of Education, the Depart- ‘‘(B) Creating or refining assessments writ- student data. ment of the Interior, and the Department of (c) TIMEFRAME.—The Comptroller General ten in the Native American or Alaska Native Health and Human Services work together shall— language of instruction that measure stu- on administration of such programs; (1) submit not less than 1 report addressing dent proficiency and that are aligned with 1 or more of the areas identified in para- (E) recommendations to improve or con- State or tribal academic standards. graphs (1) through (6) of subsection (a) not solidate resources or programs described in ‘‘(f) REPORT TO SECRETARY.—Each eligible later than 18 months after the enactment of subparagraph (B) or (D); and entity that receives a grant under this part (F) feedback from Indian tribes to the Fed- shall provide an annual report to the Sec- this section; and (2) submit any other reports necessary to eral response described in subparagraph (A). retary in such form and manner as the Sec- (b) SUBMISSION.—Not later than 90 days address the areas identified in paragraphs (1) retary may require. after the date of enactment of this Act, the ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— through (6) of subsection (a) not later than 5 years after the enactment of this section. Secretary of Education shall submit the re- There are authorized to be appropriated to port described in subsection (a) to the appro- SEC. 7006. REPORT ON ELEMENTARY AND SEC- carry out this section such sums as may be priate committees of Congress. necessary for fiscal years 2016 through 2021.’’. ONDARY EDUCATION IN RURAL OR POVERTY AREAS OF INDIAN COUN- TITLE VIII—IMPACT AID SEC. 7005. IMPROVING INDIAN STUDENT DATA TRY. COLLECTION, REPORTING, AND SEC. 8001. PURPOSE. ANALYSIS. (a) IN GENERAL.—By not later than 90 days Section 8001 (20 U.S.C. 7701) is amended in after the date of enactment of this Act, the (a) IN GENERAL.—The Comptroller General, the matter preceding paragraph (1), by strik- in consultation with the Secretary of Edu- Secretary of Education, in collaboration ing ‘‘challenging State standards’’ and in- cation, the Secretary of the Interior, and with the Secretary of the Interior, shall con- serting ‘‘the same challenging State aca- tribal communities, shall carry out a study duct a study regarding elementary and sec- demic standards’’. that examines the following: ondary education in rural or poverty areas of Indian country. SEC. 8002. AMENDMENT TO IMPACT AID IM- (1) The representation, at the time of the PROVEMENT ACT OF 2012. (b) REPORT.—By not later than 270 days study, of Indian students in national, State, after the date of enactment of this Act, the Section 563(c) of the National Defense Au- local, and tribal educational reporting re- Secretary of Education, in collaboration thorization Act for Fiscal Year 2013 (Public quired by law. with the Secretary of the Interior, shall pre- Law 112–239; 126 Stat. 1748; 20 U.S.C. 7702 (2) The varying ways that individuals are pare and submit to Congress a report on the note) is amended— identified as American Indian and Alaska study described in subsection (a) that— (1) by striking paragraphs (1) and (4); and Native (for example, such as through self-re- (1) includes the findings of the study; (2) by redesignating paragraphs (2) and (3) porting or tribal enrollment records) at the (2) identifies barriers to autonomy that In- as paragraphs (1) and (2), respectively. time of the study, by national, State, local, dian tribes have within elementary schools SEC. 8003. PAYMENTS RELATING TO FEDERAL AC- and tribal educational reporting systems, and secondary schools funded or operated by QUISITION OF REAL PROPERTY. and the impact that such variation has on the Bureau of Indian Education; Section 8002 (20 U.S.C. 7702) is amended— data analysis or statistical trend com- (3) identifies recruitment and retention op- (1) in subsection (b)(3), by striking sub- parability across such systems. tions for highly effective teachers and school paragraph (B) and inserting the following: (3) How reporting of data within the Indian administrators for elementary school and ‘‘(B) SPECIAL RULE.—In the case of Federal student population can be improved to facili- secondary schools in rural or poverty areas property eligible under this section that is tate comparisons between— of Indian country; within the boundaries of 2 or more local edu- (A) Indian students living in urban and (4) identifies the limitations in funding cational agencies that are eligible under this rural settings; sources and flexibility for such schools; and section, any of such agencies may ask the (B) Indian students living in tribal commu- (5) provides strategies on how to increase Secretary to calculate (and the Secretary nities, areas with large Indian populations, high school graduation rates in such schools, shall calculate) the taxable value of the eli- and in areas with a low percentage of Indian in order to increase the high school gradua- gible Federal property that is within its population; and tion rate for students at such schools. boundaries by— (C) any other classifications that the (c) DEFINITIONS.—In this section: ‘‘(i) first calculating the per-acre value of Comptroller General determines are signifi- (1) ESEA DEFINITIONS.—The terms ‘‘ele- the eligible Federal property separately for cant. mentary school’’, ‘‘high school’’, and ‘‘sec- each eligible local educational agency that (4) The timeliness of Indian student record ondary school’’ shall have the meanings shared the Federal property, as provided in transfer between schools and other entities given the terms in section 9101 of the Ele- subparagraph (A)(ii); or individuals who may receive student mentary and Secondary Education Act of ‘‘(ii) then averaging the resulting per-acre records in accordance with the requirements 1965 (20 U.S.C. 7801). values of the eligible Federal property from of section 444 of the General Education Pro- (2) INDIAN COUNTRY.—The term ‘‘Indian each eligible local educational agency that visions Act ((20 U.S.C.1232g); commonly re- country’’ has the meaning given the term in shares the Federal property; and ferred to as the ‘‘Family Educational Rights section 1151 of title 18, United States Code. ‘‘(iii) then applying the average per-acre and Privacy Act of 1974’’). (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ value to determine the total taxable value of (5) The effectiveness and usefulness for pa- has the meaning given the term in section 4 the eligible Federal property under subpara- rental, student, Federal, State, tribal, and of the Indian Self-Determination and Edu- graph (A)(iii) for the requesting local edu- local educational stakeholders of the find- cation Assistance Act (25 U.S.C. 450b). cational agency.’’; ings and structure of the National Indian SEC. 7007. REPORT ON RESPONSES TO INDIAN (2) in subsection (e)(2), by adding at the Education Study conducted by the National STUDENT SUICIDES. end the following: ‘‘For each fiscal year be- Center for Education Statistics in conjunc- (a) PREPARATION.— ginning with fiscal year 2015, the Secretary

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shall treat local educational agencies char- ‘‘(BB) for any agency that has a total stu- FOR GENERAL FUND PURPOSES.—In a case of a tered in 1871 having more than 70 percent of dent enrollment less than 500, 150 percent of heavily impacted local educational agency the county in Federal ownership as meeting the average per-pupil expenditure of the that is eligible to receive a basic support the eligibility requirements of subpara- State in which the agency is located or the payment under subparagraph (A), but that graphs (A) and (C) of subsection (a)(1). For average per-pupil expenditure of 3 or more has had, for 2 consecutive fiscal years, a tax each fiscal year beginning with fiscal year comparable local educational agencies in the rate for general fund purposes that falls 2015, the Secretary shall treat local edu- State in which the agency is located; and below 95 percent of the average tax rate for cational agencies that serve a county char- ‘‘(cc) is an agency that— general fund purposes of comparable local tered or formed in 1734 having more than 24 ‘‘(AA) has a tax rate for general fund pur- educational agencies in the State, such agen- percent of the county in Federal ownership poses that is not less than 95 percent of the cy shall be determined to be ineligible under as meeting the eligibility requirements of average tax rate for general fund purposes of clause (i) and ineligible to receive a basic subparagraphs (A) and (C) of subsection comparable local educational agencies in the support payment under subparagraph (A) for (a)(1).’’; State; or each fiscal year succeeding such 2 consecu- (3) by striking subsection (f) and inserting ‘‘(BB) was eligible to receive a payment tive fiscal years for which the agency has the following: under this subsection for fiscal year 2013 and such a tax rate for general fund purposes, ‘‘(f) SPECIAL RULE.—Beginning with fiscal is located in a State that by State law has and until the fiscal year for which the agen- year 2015, a local educational agency shall be eliminated ad valorem tax as a revenue for cy resumes such eligibility in accordance deemed to meet the requirements of sub- local educational agencies; with clause (iii). section (a)(1)(C) if the agency was eligible ‘‘(III) is a local educational agency that— ‘‘(III) TAKEN OVER BY STATE BOARD OF EDU- under paragraph (1) or (3) of this subsection, ‘‘(aa) has a tax rate for general fund pur- CATION.—In the case of a heavily impacted as such subsection was in effect on the day poses which is not less than 125 percent of local educational agency that is eligible to before the date of enactment of the Every the average tax rate for general fund pur- receive a basic support payment under sub- Child Achieves Act of 2015.’’; poses for comparable local educational agen- paragraph (A), but that has been taken over (4) in subsection (h)(4), by striking ‘‘For cies in the State; and by a State board of education in 2 previous each local educational agency that received ‘‘(bb)(AA) has an enrollment of children de- years, such agency shall be deemed to main- a payment under this section for fiscal year scribed in subsection (a)(1) that constitutes a tain heavily impacted status for 2 fiscal 2010 through the fiscal year in which the Im- percentage of the total student enrollment of years following the date of enactment of the pact Aid Improvement Act of 2012 is en- the agency that is not less than 30 percent; Every Child Achieves Act of 2015. acted’’ and inserting ‘‘For each local edu- or ‘‘(iii) RESUMPTION OF ELIGIBILITY.—A heav- cational agency that received a payment ‘‘(BB) has an enrollment of children de- ily impacted local educational agency de- under this section for fiscal year 2010 or any scribed in subsection (a)(1) that constitutes a scribed in clause (i) that becomes ineligible succeeding fiscal year’’; percentage of the total student enrollment of under such clause for 1 or more fiscal years (5) by striking subsection (k); and the agency that is not less than 20 percent, may resume eligibility for a basic support (6) by redesignating subsections (l), (m), and for the 3 fiscal years preceding the fiscal payment under this paragraph for a subse- and (n), as subsections (j), (k), and (l), respec- year for which the determination is made, quent fiscal year only if the agency meets tively. the average enrollment of children who are the requirements of clause (i) for that subse- SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY not described in subsection (a)(1) and who quent fiscal year, except that such agency CONNECTED CHILDREN. are eligible for a free or reduced price lunch shall not receive a basic support payment Section 8003 (20 U.S.C. 7703) is amended— under the Richard B. Russell National under this paragraph until the fiscal year (1) in subsection (a)(5)(A), by striking ‘‘to School Lunch Act constitutes a percentage succeeding the fiscal year for which the eli- be children’’ and all that follows through the of the total student enrollment of the agency gibility determination is made. period at the end and inserting ‘‘or under that is not less than 65 percent; ‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IM- lease of off-base property under subchapter ‘‘(IV) is a local educational agency that PACTED LOCAL EDUCATIONAL AGENCIES.— IV of chapter 169 of title 10, United States has a total student enrollment of not less ‘‘(i) IN GENERAL.—Except as provided in Code, to be children described under para- than 25,000 students, of which— subparagraph (D), the maximum amount graph (1)(B), if the property described is—’’ ‘‘(aa) not less than 50 percent are children that a heavily impacted local educational ‘‘(i) within the fenced security perimeter of described in subsection (a)(1); and agency is eligible to receive under this para- the military facility; or ‘‘(bb) not less than 5,000 of such children graph for any fiscal year is the sum of the ‘‘(ii) attached to, and under any type of are children described in subparagraphs (A) total weighted student units, as computed force protection agreement with, the mili- and (B) of subsection (a)(1); or under subsection (a)(2) and subject to clause tary installation upon which such housing is ‘‘(V) is a local educational agency that— (ii), multiplied by the greater of— situated.;’’. ‘‘(aa) has an enrollment of children de- ‘‘(I) four-fifths of the average per-pupil ex- (2) in subsection (b)— scribed in subsection (a)(1) including, for penditure of the State in which the local (A) in paragraph (1)— purposes of determining eligibility, those educational agency is located for the third (i) by striking subparagraph (E); and children described in subparagraphs (F) and fiscal year preceding the fiscal year for (ii) by redesignating subparagraphs (F) and (G) of such subsection, that is not less than which the determination is made; or (G) as subparagraphs (E) and (F), respec- 35 percent of the total student enrollment of ‘‘(II) four-fifths of the average per-pupil ex- tively; the agency; penditure of all of the States for the third (B) in paragraph (2), by striking subpara- ‘‘(bb) has a per-pupil expenditure that is fiscal year preceding the fiscal year for graphs (B) through (H) and inserting the fol- less than the average per-pupil expenditure which the determination is made. lowing: of the State in which the agency is located ‘‘(ii) CALCULATION OF WEIGHTED STUDENT ‘‘(B) ELIGIBILITY FOR HEAVILY IMPACTED or the average per-pupil expenditure of all UNITS.— LOCAL EDUCATIONAL AGENCIES.— States (whichever average per-pupil expendi- ‘‘(I) IN GENERAL.— ‘‘(i) IN GENERAL.—A heavily impacted local ture is greater), except that a local edu- ‘‘(aa) IN GENERAL.—For a local educational educational agency is eligible to receive a cational agency with a total student enroll- agency in which 35 percent or more of the basic support payment under subparagraph ment of less than 350 students shall be total student enrollment of the schools of (A) with respect to a number of children de- deemed to have satisfied such per-pupil ex- the agency are children described in subpara- termined under subsection (a)(1) if the agen- penditure requirement, and has a tax rate for graph (D) or (E) (or a combination thereof) of cy— general fund purposes which is not less than subsection (a)(1), and that has an enrollment ‘‘(I) is a local educational agency— 95 percent of the average tax rate for general of children described in subparagraph (A), ‘‘(aa) whose boundaries are the same as a fund purposes of local educational agencies (B), or (C) of such subsection equal to at Federal military installation or an island in the State; and least 10 percent of the agency’s total enroll- property designated by the Secretary of the ‘‘(cc) was eligible to receive assistance ment, the Secretary shall calculate the Interior to be property that is held in trust under subparagraph (A) for fiscal year 2001. weighted student units of those children de- by the Federal Government; and ‘‘(ii) LOSS OF ELIGIBILITY.— scribed in subparagraph (D) or (E) of such ‘‘(bb) that has no taxing authority; ‘‘(I) IN GENERAL.—Subject to subclause (II), subsection by multiplying the number of ‘‘(II) is a local educational agency that— a heavily impacted local educational agency such children by a factor of 0.55. ‘‘(aa) has an enrollment of children de- that met the requirements of clause (i) for a ‘‘(bb) EXCEPTION.—Notwithstanding item scribed in subsection (a)(1) that constitutes a fiscal year shall be ineligible to receive a (aa), a local educational agency that re- percentage of the total student enrollment of basic support payment under subparagraph ceived a payment under this paragraph for the agency that is not less than 45 percent; (A) if the agency fails to meet the require- fiscal year 2013 shall not be required to have ‘‘(bb) has a per-pupil expenditure that is ments of clause (i) for a subsequent fiscal an enrollment of children described in sub- less than— year, except that such agency shall continue paragraph (A), (B), or (C) of subsection (a)(1) ‘‘(AA) for an agency that has a total stu- to receive a basic support payment under equal to at least 10 percent of the agency’s dent enrollment of 500 or more students, 125 this paragraph for the fiscal year for which total enrollment and shall be eligible for the percent of the average per-pupil expenditure the ineligibility determination is made. student weight as provided for in item (aa). of the State in which the agency is located; ‘‘(II) LOSS OF ELIGIBILITY DUE TO FALLING ‘‘(II) ENROLLMENT OF 100 OR FEWER CHIL- or BELOW 95 PERCENT OF THE AVERAGE TAX RATE DREN.—For a local educational agency that

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00234 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.042 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5413 has an enrollment of 100 or fewer children de- obligate funds appropriated for any fiscal has not received its full amount computed scribed in subsection (a)(1), the Secretary year after 2012, the Secretary shall reserve under paragraphs (1) or (2) (as the case may shall calculate the total number of weighted an amount equal to a total of $14,000,000 from be) by multiplying— student units for purposes of subsection funds that remain unobligated under this ‘‘(i) a percentage, the denominator of (a)(2) by multiplying the number of such section from fiscal years 2013 or 2014 in order which is the difference between the full children by a factor of 1.75. to make payments under this clause for fis- amount computed under paragraph (1) or (2) ‘‘(III) ENROLLMENT OF MORE THAN 100 CHIL- cal years 2011 through 2014. (as the case may be) for all local educational DREN BUT LESS THAN 1000.—For a local edu- ‘‘(G) ELIGIBILITY FOR HEAVILY IMPACTED agencies and the amount of the threshold cational agency that is not described under LOCAL EDUCATIONAL AGENCIES AFFECTED BY payment (as calculated under subparagraphs subparagraph (B)(i)(I) and has an enrollment PRIVATIZATION OF MILITARY HOUSING.— (B) and (C)) of all local educational agencies, of more than 100 but not more than 1,000 ‘‘(i) ELIGIBILITY.—For any fiscal year, a and the numerator of which is the aggregate children described in subsection (a)(1), the heavily impacted local educational agency of the excess sums, by Secretary shall calculate the total number that received a basic support payment under ‘‘(ii) the difference between the full of weighted student units for purposes of this paragraph for the prior fiscal year, but amount computed under paragraph (1) or (2) subsection (a)(2) by multiplying the number is ineligible for such payment for the current (as the case may be) for the agency and the of such children by a factor of 1.25. fiscal year under subparagraph (B), (C), or amount of the threshold payment (as cal- ‘‘(D) MAXIMUM AMOUNT FOR LARGE HEAVILY (D), as the case may be, due to of the conver- culated under subparagraphs (B) or (C)) of IMPACTED LOCAL EDUCATIONAL AGENCIES.— sion of military housing units to private the agency, except that no local educational ‘‘(i) IN GENERAL.— housing described in clause (iii), or as the di- agency shall receive more than 100 percent of ‘‘(I) IN GENERAL.—Subject to clause (ii), the rect result of base realignment and closure the maximum payment calculated under maximum amount that a heavily impacted or modularization as determined by the Sec- subparagraphs (C) or (D) of paragraph (2). local educational agency described in sub- retary of Defense and force structure change ‘‘(E) INSUFFICIENT PAYMENTS.—For each fis- clause (II) is eligible to receive under this or force relocation, shall be deemed to meet cal year described in subparagraph (A) for paragraph for any fiscal year shall be deter- the eligibility requirements under subpara- which the sums appropriated are insufficient mined in accordance with the formula de- graph (B) or (C), as the case may be, for the to pay each local educational agency all of scribed in paragraph (1)(C). period during which the housing units are the local educational agency’s threshold pay- ‘‘(II) HEAVILY IMPACTED LOCAL EDUCATIONAL undergoing such conversion or during such ment described in subparagraph (B), the Sec- AGENCY.—A heavily impacted local edu- time as activities associated with base clo- retary shall ratably reduce the payment to cational agency described in this subclause sure and realignment, modularization, force each local educational agency under this is a local educational agency that has a total structure change, or force relocation are on- paragraph. student enrollment of not less than 25,000 going. ‘‘(F) PROVISION OF TAX RATE AND RESULTING students, of which not less than 50 percent ‘‘(ii) AMOUNT OF PAYMENT.—The amount of PERCENTAGE.—The Secretary shall provide are children described in subsection (a)(1) a payment to a heavily impacted local edu- the local educational agency’s tax rate and and not less than 5,000 of such children are cational agency for a fiscal year by reason of the resulting percentage to each eligible children described in subparagraphs (A) and the application of clause (i), and calculated local educational agency immediately fol- (B) of subsection (a)(1). in accordance with subparagraph (C) or (D), lowing the payments of funds under para- ‘‘(ii) FACTOR.—For purposes of calculating as the case may be, shall be based on the graph (2).’’; and the maximum amount described in clause (i), number of children in average daily attend- (D) in paragraph (4)(B), by striking ‘‘sub- the factor used in determining the weighted ance in the schools of such agency for the paragraph (D) or (E)’’ and inserting ‘‘sub- student units under subsection (a)(2) with re- fiscal year and under the same provisions of paragraph (C) or (D)’’; spect to children described in subparagraphs subparagraph (C) or (D) under which the (3) in subsection (c), by striking paragraph (A) and (B) of subsection (a)(1) shall be 1.35. agency was paid during the prior fiscal year. (2) and inserting the following: ‘‘(E) DATA.—For purposes of providing as- ‘‘(iii) CONVERSION OF MILITARY HOUSING ‘‘(2) EXCEPTION.—Calculation of payments sistance under this paragraph the Secretary UNITS TO PRIVATE HOUSING DESCRIBED.—For for a local educational agency shall be based shall use student, revenue, expenditure, and purposes of clause (i), ‘conversion of military on data from the fiscal year for which the tax data from the third fiscal year preceding housing units to private housing’ means the agency is making an application for payment the fiscal year for which the local edu- conversion of military housing units to pri- if such agency— cational agency is applying for assistance vate housing units pursuant to subchapter ‘‘(A) is newly established by a State, for under this paragraph. IV of chapter 169 of title 10, United States the first year of operation of such agency ‘‘(F) DETERMINATION OF AVERAGE TAX RATES Code, or pursuant to any other related provi- only; FOR GENERAL FUND PURPOSES.— sion of law.’’; and ‘‘(B) was eligible to receive a payment ‘‘(i) IN GENERAL.—Except as provided in (C) in paragraph (3)— under this section for the previous fiscal clause (ii), for the purpose of determining (i) in subparagraph (B), by striking clause year and has had an overall increase in en- the average tax rates for general fund pur- (iii) and inserting the following: rollment (as determined by the Secretary in poses for local educational agencies in a ‘‘(iii) In the case of a local educational consultation with the Secretary of Defense, State under this paragraph, the Secretary agency providing a free public education to the Secretary of Interior, or the heads of shall use either— students enrolled in kindergarten through other Federal agencies)— ‘‘(I) the average tax rate for general fund grade 12, that enrolls students described in ‘‘(i) of not less than 10 percent, or 100 stu- purposes for comparable local educational subparagraphs (A), (B), and (D) of subsection dents, of children described in— agencies, as determined by the Secretary in (a)(1) only in grades 9 through 12, and that ‘‘(I) subparagraph (A), (B), (C), or (D) of regulations; or received a final payment in fiscal year 2009 subsection (a)(1); or ‘‘(II) the average tax rate of all the local calculated under this paragraph (as this ‘‘(II) subparagraphs (F) and (G) of sub- educational agencies in the State. paragraph was in effect on the day before the section (a)(1), but only to the extent such ‘‘(ii) FISCAL YEARS 2010–2015.— date of enactment of the Every Child children are civilian dependents of employ- ‘‘(I) IN GENERAL.—For fiscal years 2010 Achieves Act of 2015) for students in grades 9 ees of the Department of Defense or the De- through 2015, any local educational agency through 12, the Secretary shall, in calcu- partment of Interior; and that was found ineligible to receive a pay- lating the agency’s payment, consider only ‘‘(ii) that is the direct result of closure or ment under subparagraph (A) because the that portion of such agency’s total enroll- realignment of military installations under Secretary determined that it failed to meet ment of students in grades 9 through 12 when the base closure process or the relocation of the average tax rate requirement for general calculating the percentage under clause (i)(I) members of the Armed Forces and civilian fund purposes in subparagraph and only that portion of the total current ex- employees of the Department of Defense as (B)(i)(II)(cc)(AA), shall be considered to have penditures attributed to the operation of part of the force structure changes or move- met that requirement, if its State deter- grades 9 through 12 in such agency when cal- ments of units or personnel between military mined, through an alternate calculation of culating the percentage under clause installations or because of actions initiated average tax rates for general fund purposes, (i)(II).’’; by the Secretary of the Interior or the head that such local educational agency met that (ii) in subparagraph (C), by striking ‘‘sub- of another Federal agency; or requirement. paragraph (D) or (E) of paragraph (2),’’ and ‘‘(C) was eligible to receive a payment ‘‘(II) SUBSEQUENT FISCAL YEARS AFTER inserting ‘‘subparagraph (C) or (D) of para- under this section for the previous fiscal 2015.—For any succeeding fiscal year after graph (2)’’; and year and has had an increase in enrollment 2015, any local educational agency identified (iii) by striking subparagraph (D) and in- (as determined by the Secretary)— in subclause (I) may continue to have its serting the following: ‘‘(i) of not less than 10 percent of children State use that alternate methodology to cal- ‘‘(D) RATABLE DISTRIBUTION.—For fiscal described in subsection (a)(1) or not less than culate whether the average tax rate require- years described in subparagraph (A), for 100 of such children; and ment for general fund purposes under sub- which the sums available exceed the amount ‘‘(ii) that is the direct result of the closure paragraph (B)(i)(II)(cc)(AA) is met. required to pay each local educational agen- of a local educational agency that received a ‘‘(III) AVAILABILITY OF FUNDS.—Notwith- cy 100 percent of its threshold payment, the payment under subsection (b)(1) or (b)(2) in standing any other provision of law limiting Secretary shall distribute the excess sums to the previous fiscal year.’’; the period during which the Secretary may each eligible local educational agency that (4) in subsection (d)—

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00235 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.042 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5414 CONGRESSIONAL RECORD — SENATE July 21, 2015 (A) in the subsection heading, by striking fiscal year for which the application is as may be necessary for each of the seven ‘‘CHILDREN’’ and inserting ‘‘STUDENTS’’; filed.’’; and succeeding fiscal years’’ and inserting ‘‘such (B) in paragraph (1), by striking ‘‘children’’ (4) in subsection (d), by striking ‘‘sub- sums as may be necessary for each of fiscal both places the term appears and inserting section (c)’’ and inserting ‘‘subsection (d)’’ years 2016 through 2021’’; ‘‘students’’; and each place the term appears. (4) by redesignating subsections (e) and (f) (C) in paragraph (2), by striking ‘‘children’’ SEC. 8007. CONSTRUCTION. as subsections (d) and (e), respectively; and inserting ‘‘students’’; Section 8007 (20 U.S.C. 7707(b)) is amend- (5) in subsection (d), as redesignated by (5) in subsection (e)— ed— paragraph (4), by striking ‘‘$10,052,000 for fis- (A) by striking paragraphs (1) and (2) and (1) in subsection (a)— cal year 2000 and such sums as may be nec- inserting the following: (A) in paragraph (1), by striking ‘‘section essary for fiscal year 2001, $150,000,000 for fis- ‘‘(1) IN GENERAL.— 8014(e)’’ and inserting ‘‘section 8014(d)’’; and cal year 2002, and such sums as may be nec- ‘‘(A) IN GENERAL.—In the case of any local (B) in paragraph (3)— essary for each of the five succeeding fiscal educational agency whose payment under (i) in subparagraph (A)(i)— years’’ and inserting ‘‘such sums as may be subsection (b) for a fiscal year is determined (I) by redesignating the first subclause (II) necessary for each of fiscal years 2016 to be reduced by an amount greater than as subclause (I); and through 2021’’; and $5,000,000 or by 20 percent, as compared to (II) by striking ‘‘section 8014(e)’’ and in- (6) in subsection (e), as redesignated by the amount received for the previous fiscal serting ‘‘section 8014(d)’’; and paragraph (4), by striking ‘‘$5,000,000 for fis- year, the Secretary shall, subject to subpara- (ii) in subparagraph (B)(i)(I), by striking cal year 2000 and such sums as may be nec- graph (B), pay a local educational agency, ‘‘section 8014(e)’’ and inserting ‘‘section essary for each of the seven succeeding fiscal for each of the 3 years following the reduc- 8014(d)’’; and years’’ and inserting ‘‘such sums as may be tion under subsection (b), the amount deter- (2) in subsection (b)— necessary for each of fiscal years 2016 mined under subparagraph (B). (A) in paragraph (1), in the matter pre- through 2021’’. ‘‘(B) AMOUNT OF REDUCTION.—Subject to ceding subparagraph (A), by striking ‘‘sec- subparagraph (C), a local educational agency tion 8014(e)’’ and inserting ‘‘section 8014(d)’’; TITLE IX—GENERAL PROVISIONS described in subparagraph (A) shall receive— (B) in paragraph (3)(C)(i)(I), by adding at ‘‘(i) for the first year for which the reduced the end the following: SEC. 9101. DEFINITIONS. payment is determined, an amount that is ‘‘(cc) Not less than 10 percent of the prop- Section 9101 (20 U.S.C. 7801) is amended— not less than 90 percent of the total amount erty in the agency is exempt from State and (1) by striking paragraphs (3), (19), (23), that the local educational agency received local taxation under Federal law.’’; and (35), (36), (37), and (42); under paragraph (1) or (2) of subsection (b) (C) in paragraph (6), by striking subpara- (2) by redesignating paragraphs (1), (2), (17), for the fiscal year prior to the reduction (re- graph (F). (18), (20), (21), (22),(24), (25), (26), (27), (28), (29), ferred to in this paragraph as the ‘base SEC. 8008. FACILITIES. (30), (31), (32), (33), (34), (38), (39), (41), and (43) year’); Section 8008(a) (20 U.S.C. 7708) is amended as paragraphs (2), (3), (20), (21), (26), (27), (28), ‘‘(ii) for the second year following such re- by striking ‘‘section 8014(f)’’ and inserting (30), (22), (31), (32), (34), (35), (36), (38), (39), duction, an amount that is not less than 85 ‘‘section 8014(e)’’. (40), (41), (43), (44), (47) and (48), respectively, percent of the total amount that the local SEC. 8009. STATE CONSIDERATION OF PAYMENTS and by transferring such paragraph (22), as so educational agency received under paragraph IN PROVIDING STATE AID. redesignated, so as to follow such paragraph (1) or (2) of subsection (b) for the base year; Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) (21), as so redesignated; and is amended by striking ‘‘and contain the in- (3) by inserting before paragraph (2), as re- ‘‘(iii) for the third year following such re- formation’’. designated by paragraph (2), the following: duction, an amount that is not less than 80 SEC. 8010. DEFINITIONS. ‘‘(1) 4-YEAR ADJUSTED COHORT GRADUATION percent of the total amount that the local Section 8013(5)(A) (20 U.S.C. 7713(5)(A)) is RATE.—The term ‘4-year adjusted cohort educational agency received under paragraph amended— graduation rate’ has the meaning given the (1) or (2) of subsection (b) for the base year. (1) in clause (ii), by striking subclause (III) term ‘four-year adjusted cohort graduation ‘‘(C) SPECIAL RULE.—For any fiscal year for and inserting the following: rate’ in section 200.19(b)(1) of title 34, Code of which a local educational agency would be ‘‘(III) conveyed at any time under the Alas- Federal Regulations, as such section was in subject to a reduced payment under clause ka Native Claims Settlement Act to a Native effect on November 28, 2008.’’; (ii) or (iii) of subparagraph (B), but the total individual, Native group, or village or re- (4) by striking paragraph (11) and inserting amount of the payment for which the local gional corporation (including single family the following: educational agency is eligible under sub- occupancy properties that may have been ‘‘(11) CORE ACADEMIC SUBJECTS.—The term section (b) for that fiscal year is greater subsequently sold or leased to a third party), ‘core academic subjects’ means English, than the amount that initially subjected the except that property that is conveyed under reading or language arts, writing, science, local educational agency to the require- such Act— technology, engineering, mathematics, for- ments of this subsection, the Secretary shall ‘‘(aa) that is not taxed is, for the purposes eign languages, civics and government, eco- pay the greater amount to the local edu- of this paragraph, considered tax-exempt due nomics, arts, history, geography, computer cational agency for such year.’’; and to Federal law; and science, music, career and technical edu- (B) by redesignating paragraph (3) as para- ‘‘(bb) is considered Federal property for the cation, health, and physical education, and graph (2); and purpose of this paragraph if the property is any other subject as determined by the State (6) by striking subsection (g). located within a Regional Educational At- or local educational agency.’’; SEC. 8005. POLICIES AND PROCEDURES RELAT- tendance Area’’; and (5) in paragraph (13)— ING TO CHILDREN RESIDING ON IN- (2) in clause (iii)— (A) by striking subparagraphs (B), (E), (G), DIAN LANDS. (A) in subclause (II), by striking ‘‘Stewart and (K); Section 8004(e)(9) (20 U.S.C. 7704(e)(9)) is B. McKinney Homeless Assistance Act’’ and (B) by redesignating subparagraphs (C), amended by striking ‘‘Affairs’’ both places inserting ‘‘McKinney-Vento Homeless Assist- (D), (F), (H), (I), (J), and (L), as subpara- the term appears and inserting ‘‘Education’’. ance Act (42 U.S.C. 11411)’’; and graphs (B), (C), (D), (E), (F), (G), and (I), re- SEC. 8006. APPLICATION FOR PAYMENTS UNDER (B) by striking subclause (III) and insert- spectively; and SECTIONS 8002 AND 8003. ing the following: (C) by inserting after subparagraph (G), as Section 8005 (20 U.S.C. 7705) is amended— ‘‘(III) used for affordable housing assisted redesignated by subparagraph (B), the fol- (1) in subsection (b), in the matter pre- under the Native American Housing Assist- lowing: ceding paragraph (1), by striking ‘‘, and shall ance and Self-Determination Act of 1996 (25 ‘‘(H) part G of title V; and’’; contain such information,’’; U.S.C. 4101 et seq.); or’’. (6) by inserting after paragraph (16) the fol- (2) by redesignating subsections (c) and (d) SEC. 8011. AUTHORIZATION OF APPROPRIATIONS. lowing: as subsections (d) and (e), respectively; Section 8014 (20 U.S.C. 7714) is amended— ‘‘(17) DUAL OR CONCURRENT ENROLLMENT.— (3) by inserting after subsection (b) the fol- (1) in subsection (a), by striking The term ‘dual or concurrent enrollment’ lowing: ‘‘$32,000,000 for fiscal year 2000 and such sums means a course or program provided by an ‘‘(c) STUDENT COUNT.—In collecting infor- as may be necessary for each of the seven institution of higher education through mation to determine the eligibility of a local succeeding fiscal years’’ and inserting ‘‘such which a student who has not graduated from educational agency and the number of feder- sums as may be necessary for each of fiscal high school with a regular high school di- ally connected children for the local edu- years 2016 through 2021’’; ploma is able to earn postsecondary credit. cational agency, the Secretary shall, in addi- (2) in subsection (b), by striking ‘‘(18) EARLY CHILDHOOD EDUCATION PRO- tion to any options provided under section ‘‘$809,400,000 for fiscal year 2000 and such GRAM.—The term ‘early childhood education 222.35 of title 34, Code of Federal Regula- sums as may be necessary for each of the program’ has the meaning given the term in tions, or a successor regulation, allow a local seven succeeding fiscal years’’ and inserting section 103 of the Higher Education Act of educational agency to count the number of ‘‘such sums as may be necessary for each of 1965. such children served by the agency as of the fiscal years 2016 through 2021’’; ‘‘(19) EARLY COLLEGE HIGH SCHOOL.—The date by which the agency requires all stu- (3) in subsection (c), by striking term ‘early college high school’ means a for- dents to register for the school year of the ‘‘$50,000,000 for fiscal year 2000 and such sums mal partnership between at least one local

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00236 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.042 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5415 educational agency and at least one institu- (A) in the subparagraph heading, by strik- ing the knowledge and teaching skills of tion of higher education that allows partici- ing ‘‘BIA’’ and inserting ‘‘BIE’’; and teachers; pants to simultaneously complete require- (B) by striking ‘‘Affairs’’ both places the ‘‘(vii) are aligned with, and directly related ments toward earning a regular high school term appears and inserting ‘‘Education’’; to academic goals of the school or local edu- diploma and earn not less than 12 transfer- (11) by inserting after paragraph (32), as re- cational agency; able credits as part of an organized course of designated by paragraph (2), the following: ‘‘(viii) are developed with extensive par- study toward a postsecondary degree or cre- ‘‘(33) MULTI-TIER SYSTEM OF SUPPORTS.— ticipation of teachers, principals, other dential at no cost to the participant or par- The term ‘multi-tier system of supports’ school leaders, parents, representatives of ticipant’s family.’’. means a comprehensive continuum of evi- Indian tribes (as applicable), and administra- (7) in paragraph (22), as redesignated and dence-based, system-wide practices to sup- tors of schools to be served under this Act; moved by paragraph (2)— port a rapid response to academic and behav- ‘‘(ix) are designed to give teachers of chil- (A) in the paragraph heading, by striking ioral needs, with frequent data-based moni- dren who are English learners, and other ‘‘LIMITED ENGLISH PROFICIENT’’ and inserting toring for instructional decisionmaking.’’; teachers and instructional staff, the knowl- ‘‘ENGLISH LEARNER’’; (12) in paragraph (35), as redesignated by edge and skills to provide instruction and ap- (B) in the matter preceding subparagraph paragraph (2), by striking ‘‘pupil services’’ propriate language and academic support (A), by striking ‘‘limited English proficient’’ and inserting ‘‘specialized instructional sup- services to those children, including the ap- and inserting ‘‘English learner’’; and port’’; propriate use of curricula and assessments; (C) in subparagraph (D)(i), by striking (13) in paragraph (36), as redesignated by ‘‘(x) to the extent appropriate, provide ‘‘State’s proficient level of achievement on paragraph (2), by striking ‘‘includes the free- training for teachers, principals, and other State assessments described in section ly associated states’’ and all that follows school leaders in the use of technology (in- 1111(b)(3)’’ and inserting ‘‘challenging State through the period at the end and inserting cluding education about the harms of copy- academic standards described in section ‘‘includes the Republic of Palau except dur- right piracy), so that technology and tech- 1111(b)(1)’’; ing any period for which the Secretary deter- nology applications are effectively used in (8) by inserting after paragraph (22), as mines that a Compact of Free Association is the classroom to improve teaching and transferred and redesignated by paragraph in effect that contains provisions for edu- learning in the curricula and academic sub- (2), the following: cation assistance prohibiting the assistance jects in which the teachers teach; ‘‘(23) EVIDENCE-BASED.— provided under this Act.’’; ‘‘(xi) as a whole, are regularly evaluated ‘‘(A) IN GENERAL.—Except as provided in (14) by inserting after paragraph (36), as re- for their impact on increased teacher effec- subparagraph (B), the term ‘evidence-based’, designated by paragraph (2), the following: tiveness and improved student academic when used with respect to an activity, means ‘‘(37) PARAPROFESSIONAL.—The term ‘para- achievement, with the findings of the eval- an activity that— professional’, also known as a uations used to improve the quality of pro- ‘‘(i) demonstrates a statistically signifi- ‘paraeducator’, includes an education assist- fessional development; cant effect on improving student outcomes ant and instructional assistant.’’. ‘‘(xii) are designed to give teachers of chil- or other relevant outcomes based on— (15) in paragraph (39), as redesignated by dren with disabilities or children with devel- ‘‘(I) strong evidence from at least 1 well- paragraph (2)— opmental delays, and other teachers and in- designed and well-implemented experimental (A) in subparagraph (C), by inserting ‘‘and’’ structional staff, the knowledge and skills to study; after the semicolon; and provide instruction and academic support ‘‘(II) moderate evidence from at least 1 (B) in subparagraph (D), by striking ‘‘sec- services, to those children, including posi- well-designed and well-implemented quasi- tion 1118’’ and inserting ‘‘section 1115’’; tive behavioral interventions and supports, experimental study; or (16) by striking paragraph (41), as redesig- multi-tiered systems of supports, and use of ‘‘(III) promising evidence from at least 1 nated by paragraph (2), and inserting the fol- accommodations; well-designed and well-implemented correla- lowing: ‘‘(xiii) include instruction in the use of tional study with statistical controls for se- ‘‘(41) PROFESSIONAL DEVELOPMENT.—The data and assessments to inform and instruct lection bias; or term ‘professional development’ means ac- classroom practice; ‘‘(ii)(I) demonstrates a rationale that is tivities that— ‘‘(xiv) include instruction in ways that based on high-quality research findings that ‘‘(A) are an integral part of school and teachers, principals, other school leaders, such activity is likely to improve student local educational agency strategies for pro- specialized instructional support personnel, outcomes or other relevant outcomes; and viding educators (including teachers, prin- and school administrators may work more ‘‘(II) includes ongoing efforts to examine cipals, other school leaders, specialized in- effectively with parents and families; the effects of such activity. structional support personnel, paraprofes- ‘‘(xv) involve the forming of partnerships ‘‘(B) DEFINITION FOR PART A OF TITLE I.— sionals, and, as applicable, early childhood For purposes of part A of title I, the term educators) with the knowledge and skills with institutions of higher education, includ- ‘evidence-based’, when used with respect to necessary to enable students to succeed in ing, as applicable, Tribal Colleges and Uni- an activity, means an activity that meets the core academic subjects and to meet chal- versities as defined in section 316(b) of the the requirements of subclause (I) or (II) of lenging State academic standards; and Higher Education Act of 1965 (20 U.S.C. 1059c subparagraph (A)(i). ‘‘(B) are sustained (not stand-alone, 1-day, (b)), to establish school-based teacher, prin- cipal, and other school leader training pro- ‘‘(24) EXPANDED LEARNING TIME.—The term or short term workshops), intensive, collabo- ‘expanded learning time’ means using a rative, job-embedded, data-driven, class- grams that provide prospective teachers, longer school day, week, or year schedule to room-focused, and may include activities novice teachers, principals, and other school significantly increase the total number of that— leaders with an opportunity to work under school hours, in order to include additional ‘‘(i) improve and increase teachers’— the guidance of experienced teachers, prin- time for— ‘‘(I) knowledge of the academic subjects cipals, other school leaders, and faculty of ‘‘(A) instruction and enrichment in core the teachers teach; such institutions; academic subjects, other academic subjects, ‘‘(II) understanding of how students learn; ‘‘(xvi) create programs to enable para- and other activities that contribute to a and professionals (assisting teachers employed well-rounded education; and ‘‘(III) ability to analyze student work and by a local educational agency receiving as- ‘‘(B) instructional and support staff to col- achievement from multiple sources, includ- sistance under part A of title I) to obtain the laborate, plan, and engage in professional de- ing how to adjust instructional strategies, education necessary for those paraprofes- velopment (including professional develop- assessments, and materials based on such sionals to become certified and licensed ment on family and community engagement) analysis; teachers; within and across grades and subjects. ‘‘(ii) are an integral part of broad ‘‘(xvii) provide follow-up training to teach- ‘‘(25) EXTENDED-YEAR ADJUSTED COHORT schoolwide and districtwide educational im- ers who have participated in activities de- GRADUATION RATE.—The term ‘extended-year provement plans; scribed in this paragraph that are designed adjusted cohort graduation rate’ has the ‘‘(iii) allow personalized plans for each edu- to ensure that the knowledge and skills meaning given the term in section cator to address the educator’s specific needs learned by the teachers are implemented in 200.19(b)(1)(v) of title 34, Code of Federal Reg- identified in observation or other feedback; the classroom; and ulations, as such section was in effect on No- ‘‘(iv) improve classroom management ‘‘(xviii) where applicable and practical, vember 28, 2008.’’; skills; provide jointly for school staff and other (9) by inserting after paragraph (28), as re- ‘‘(v) support the recruiting, hiring, and early childhood education program pro- designated by paragraph (2), the following: training of effective teachers, including viders, to address the transition to elemen- ‘‘(29) HIGH SCHOOL.—The term ‘high school’ teachers who became certified through State tary school, including issues related to means a secondary school that— and local alternative routes to certification; school readiness.’’; ‘‘(A) grants a diploma, as defined by the ‘‘(vi) advance teacher understanding of— (17) by inserting after paragraph (41), as re- State; and ‘‘(I) effective instructional strategies that designated by paragraph (2), the following: ‘‘(B) includes, at least, grade 12.’’; are evidence-based; and ‘‘(42) SCHOOL LEADER.—The term ‘school (10) in paragraph (31), as redesignated by ‘‘(II) strategies for improving student aca- leader’ means a principal, assistant prin- paragraph (2), in subparagraph (C)— demic achievement or substantially increas- cipal, or other individual who is—

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‘‘(A) an employee or officer of an elemen- ‘‘(2) FISCAL SUPPORT TEAMS.—A local edu- or on behalf of a local educational agency in tary school or secondary school, local edu- cational agency that uses funds as described accordance with subsection (a)(2),’’; and cational agency, or other entity operating an in 9201(b)(2)(I) may contribute State or local (II) by inserting ‘‘, which shall include a elementary school or secondary school; and funds to expand the reach of such support plan’’ after ‘‘to the Secretary’’; and ‘‘(B) responsible for the daily instructional without violating any supplement, not sup- (ii) by striking subparagraphs (C) and (D) leadership and managerial operations in the plant requirement of any program contrib- and inserting the following: elementary school or secondary school build- uting administrative funds.’’. ‘‘(C) describes the methods the State edu- ing.’’; SEC. 9103. CONSOLIDATION OF FUNDS FOR cational agency, local educational agency, or (18) by inserting after paragraph (44), as re- LOCAL ADMINISTRATION. Indian tribe will use to monitor and regu- designated by paragraph (2), the following: Section 9203(b) (20 U.S.C. 7823(b)) is amend- larly evaluate the effectiveness of the imple- ‘‘(45) SPECIALIZED INSTRUCTIONAL SUPPORT ed by striking ‘‘Within 1 year after the date mentation of the plan; PERSONNEL; SPECIALIZED INSTRUCTIONAL SUP- of enactment of the No Child Left Behind ‘‘(D) includes only information directly re- PORT SERVICES.— Act of 2001, a State’’ and inserting ‘‘A lated to the waiver request on how the State ‘‘(A) SPECIALIZED INSTRUCTIONAL SUPPORT State’’. educational agency, local educational agen- PERSONNEL.—The term ‘specialized instruc- SEC. 9104. RURAL CONSOLIDATED PLAN. cy, or Indian tribe will maintain and im- tional support personnel’ means — Section 9305 (20 U.S.C. 7845) is amended by prove transparency in reporting to parents ‘‘(i) school counselors, school social work- adding at the end the following: and the public on student achievement and ers, and school psychologists; and ‘‘(e) RURAL CONSOLIDATED PLAN.— school performance, including the achieve- ‘‘(ii) other qualified professional personnel, ‘‘(1) IN GENERAL.—Two or more eligible ment of students according to each category such as school nurses, speech language pa- local educational agencies, a consortium of of students described in section thologists, and school librarians involved in eligible local educational service agencies, 1111(b)(2)(B)(xi); and’’; providing assessment, diagnosis, counseling, or an educational service agency on behalf of (B) in paragraph (2)(B)(i)(II), by striking educational, therapeutic, and other nec- eligible local educational agencies may sub- ‘‘(on behalf of, and based on the requests of, essary services (including related services as mit plans or applications for 1 or more cov- local educational agencies)’’ and inserting that term is defined in section 602 of the In- ered programs to the State educational agen- ‘‘(on behalf of those agencies or on behalf of, dividuals with Disabilities Education Act) as cy on a consolidated basis, if each eligible and based on the requests of, local edu- part of a comprehensive program to meet local educational agency impacted elects to cational agencies in the State)’’; student needs. participate in the joint application or elects (C) in paragraph (3)— ‘‘(B) SPECIALIZED INSTRUCTIONAL SUPPORT to allow the educational service agency to (i) in subparagraph (A)— SERVICES.—The term ‘specialized instruc- apply on its behalf. (I) in the matter preceding clause (i), by in- tional support services’ means the services ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN- serting ‘‘or on behalf of local educational provided by specialized instructional support CY.—For the purposes of this subsection, the agencies in the State under subsection personnel.’’; term ‘eligible local educational agency’ (a)(2),’’ after ‘‘acting on its own behalf,’’; and (19) by inserting after paragraph (48), as re- means a local educational agency that is an (II) in clause (i)— designated by paragraph (2), the following: eligible local educational agency under part (aa) by striking ‘‘all interested local edu- ‘‘(49) UNIVERSAL DESIGN FOR LEARNING.— B of title VI.’’. cational agencies’’ and inserting ‘‘any inter- The term ‘universal design for learning’ has SEC. 9105. WAIVERS OF STATUTORY AND REGU- ested local educational agency’’; and the meaning given the term in section 103 of LATORY REQUIREMENTS. (bb) by inserting ‘‘, to the extent that the the Higher Education Act of 1965.’’; and Section 9401 (20 U.S.C. 7861) is amended— request impacts the local educational agen- (20) by striking the undesignated para- (1) by striking subsection (a) and inserting cy’’ before the semicolon at the end; and graph between paragraphs (45), as added by the following: (ii) in subparagraph (B)(i), by striking ‘‘re- paragraph (18), and (47), as redesignated by ‘‘(a) IN GENERAL.— viewed by the State educational agency’’ and paragraph (2), and inserting the following: ‘‘(1) REQUEST FOR WAIVER BY STATE OR IN- inserting ‘‘reviewed and approved by the ‘‘(46) STATE.—The term ‘State’ means each DIAN TRIBE.—A State educational agency or State educational agency in accordance with of the 50 States, the District of Columbia, Indian tribe that receives funds under a pro- subsection (a)(2) before being submitted to the Commonwealth of Puerto Rico, and each gram authorized under this Act may submit the Secretary’’; and of the outlying areas. a request to the Secretary to waive any stat- (D) by adding at the end the following: ‘‘(47) MIDDLE GRADES.—The term middle utory or regulatory requirement of this Act. ‘‘(4) WAIVER DETERMINATION, DEMONSTRA- grades means any of grades 5 through 8.’’. ‘‘(2) LOCAL EDUCATIONAL AGENCY AND TION, AND REVISION.— SEC. 9102. APPLICABILITY TO BUREAU OF INDIAN SCHOOL REQUESTS SUBMITTED THROUGH THE ‘‘(A) IN GENERAL.—The Secretary shall EDUCATION OPERATED SCHOOLS. STATE.— issue a written determination regarding the Section 9103 (20 U.S.C. 7803) is amended— ‘‘(A) REQUEST FOR WAIVER BY LOCAL EDU- approval or disapproval of a waiver request (1) in the section heading, by striking ‘‘BU- CATIONAL AGENCY.—A local educational agen- not more than 90 days after the date on REAU OF INDIAN AFFAIRS’’ and inserting ‘‘BU- cy that receives funds under a program au- which such request is submitted, unless the REAU OF INDIAN EDUCATION’’; and thorized under this Act and desires a waiver Secretary determines and demonstrates (2) by striking ‘‘Bureau of Indian Affairs’’ of any statutory or regulatory requirement that— each place the term appears and inserting of this Act shall submit a request containing ‘‘(i) the waiver request does not meet the ‘‘Bureau of Indian Education’’. the information described in subsection requirements of this section; or SEC. 9102A. CONSOLIDATION OF STATE ADMINIS- (b)(1) to the appropriate State educational ‘‘(ii) the waiver is not permitted under sub- TRATIVE FUNDS FOR ELEMENTARY agency. The State educational agency may section (c). AND SECONDARY EDUCATION PRO- then submit the request to the Secretary if ‘‘(B) WAIVER DETERMINATION AND REVI- GRAMS. the State educational agency determines the SION.—If the Secretary determines and dem- Section 9201(b)(2) (20 U.S.C. 7821 (b)(2)) is waiver appropriate. onstrates that the waiver request does not amended— ‘‘(B) REQUEST FOR WAIVER BY SCHOOL.—An meet the requirements of this section, the (1) in subparagraph (G), by striking ‘‘and’’ elementary school or secondary school that Secretary shall— after the semicolon; desires a waiver of any statutory or regu- ‘‘(i) immediately— (2) in subparagraph (H), by striking the pe- latory requirement of this Act shall submit ‘‘(I) notify the State educational agency, riod and inserting ‘‘; and’’; and a request containing the information de- local educational agency (through the State (3) by adding at the end the following: scribed in subsection (b)(1) to the local edu- educational agency), or Indian tribe, as ap- ‘‘(I) implementation of fiscal support cational agency serving the school. The local plicable, of such determination; and teams that provide technical fiscal support educational agency may then submit the re- ‘‘(II) provide detailed reasons for such de- assistance, which shall include evaluating quest to the State educational agency in ac- termination in writing and in a public man- fiscal, administrative, and staffing func- cordance with subparagraph (A) if the local ner, such as posting to the Department’s tions, and any other key operational func- educational agency determines the waiver website in a clear and easily accessible man- tion.’’. appropriate. ner; SEC. 9102B. CONSOLIDATION OF FUNDS FOR ‘‘(3) RECEIPT OF WAIVER.—Except as pro- ‘‘(ii) offer the State educational agency, LOCAL ADMINISTRATION. vided in subsection (b)(4) or (c), the Sec- local educational agency (through the State Section 9203(d) (20 U.S.C. 7823(d)) is amend- retary may waive any statutory or regu- educational agency), or Indian tribe an op- ed to read as follows: latory requirement of this Act for which a portunity to revise and resubmit the waiver ‘‘(d) USES OF ADMINISTRATIVE FUNDS.— waiver request is submitted to the Secretary request by a date that is not more than 60 ‘‘(1) IN GENERAL.—A local educational pursuant to this subsection.’’; days after the date of such determination; agency that consolidates administrative (2) in subsection (b)— and funds under this section may use the consoli- (A) in paragraph (1)— ‘‘(iii) if the Secretary determines that the dated funds for the administration of the (i) in the matter preceding subparagraph resubmission does not meet the require- programs and for uses, at the school district (A)— ments of this section, at the request of the and school levels, comparable to those de- (I) by striking ‘‘, local educational agen- State educational agency, local educational scribed in section 9201(b)(2). cy,’’ and inserting ‘‘, acting on its own behalf agency, or Indian tribe, conduct a public

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hearing not more than 30 days after the date any waiver granted by the Secretary under ‘‘(3) RESPONSE.—If the State educational of such resubmission. this section before the date of enactment of agency responds to the Secretary’s notifica- ‘‘(C) WAIVER DISAPPROVAL.—The Secretary the Every Child Achieves Act of 2015 that is tion described in paragraph (2)(A) during the may disapprove a waiver request if— not voided under paragraph (1), which shall 45-day period beginning on the date on which ‘‘(i) the State educational agency, local remain in effect for the period of time speci- the State educational agency received the educational agency, or Indian tribe has been fied under the waiver.’’. notification, and resubmits the plan with the notified and offered an opportunity to revise SEC. 9106. PLAN APPROVAL PROCESS. requested information described in para- and resubmit the waiver request, as de- Title IX (20 U.S.C. 7801 et seq.) is amend- graph (2)(C), the Secretary shall approve or scribed under clauses (i) and (ii) of subpara- ed— disapprove such plan prior to the later of— graph (B); and (1) by redesignating parts E and F as parts ‘‘(A) the expiration of the 45-day period be- ‘‘(ii) the State educational agency, local F and G, respectively; ginning on the date on which the plan is re- educational agency (through the State edu- (2) in section 9573— submitted; or cational agency), or Indian tribe— (A) in subsection (b)(1), by striking ‘‘early ‘‘(B) the expiration of the 90-day period de- ‘‘(I) does not revise and resubmit the waiv- childhood development (Head Start) serv- scribed in subsection (a). er request; or ices’’ and inserting ‘‘early childhood edu- ‘‘(4) FAILURE TO RESPOND.—If the State ‘‘(II) revises and resubmits the waiver re- cation programs’’; educational agency does not respond to the quest, and the Secretary determines that (B) in subsection (c)(2)— Secretary’s notification described in para- such waiver request does not meet the re- (i) in the paragraph heading by striking graph (2)(A) during the 45-day period begin- quirements of this section after a hearing ‘‘DEVELOPMENT SERVICES’’ and inserting ning on the date on which the State edu- conducted under subparagraph (B)(iii). ‘‘EDUCATION PROGRAMS’’; and cational agency received the notification, ‘‘(D) EXTERNAL CONDITIONS.—The Secretary (ii) by striking ‘‘development (Head Start) such plan shall be deemed to be disapproved. shall not disapprove a waiver request under services’’ and inserting ‘‘education pro- this section based on conditions outside the grams’’; and ‘‘(c) PEER-REVIEW REQUIREMENTS.—Not- scope of the waiver request.’’; (C) in subsection (e), as redesignated by withstanding any other requirements of this (3) in subsection (c)— section 4001(5), in paragraph (3), by striking part, the Secretary shall ensure that any (A) in paragraph (8), by striking ‘‘subpart 1 subparagraph (C) and inserting the following: portion of a consolidated State plan that is of part B of title V’’ and inserting ‘‘part A of ‘‘(C) such other matters as justice may re- related to part A of title I is subject to the title V’’; and quire.’’; and peer-review process described in section (B) in paragraph (10), by striking ‘‘sub- (3) by inserting after section 9401 the fol- sections (a) and (b) of section 1113’’ and in- 1111(a)(3). lowing: sert ‘‘section 1113(a)’’ both places the term ‘‘PART E—APPROVAL AND DISAPPROVAL ‘‘SEC. 9452. APPROVAL AND DISAPPROVAL OF appears; LOCAL EDUCATIONAL AGENCY AP- (4) in subsection (d)— OF STATE PLANS AND LOCAL APPLICA- PLICATIONS. (A) in the subsection heading, by adding ‘‘; TIONS ‘‘(a) DEEMED APPROVAL.—An application LIMITATIONS’’ after ‘‘WAIVER’’; and ‘‘SEC. 9451. APPROVAL AND DISAPPROVAL OF (B) by adding at the end the following: STATE PLANS. submitted by a local educational agency pur- ‘‘(3) SPECIFIC LIMITATIONS.—The Secretary ‘‘(a) DEEMED APPROVAL.—A plan submitted suant to section 2102(b), 4104(b), or 9305, shall shall not place any requirements on a State by a State pursuant to section 2101(d), be deemed to be approved by the State edu- educational agency, local educational agen- 4103(d), or 9302 shall be deemed to be ap- cational agency unless— cy, or Indian tribe as a condition, criterion, proved by the Secretary unless— ‘‘(1) the State educational agency makes a or priority for the approval of a waiver re- ‘‘(1) the Secretary makes a written deter- written determination, prior to the expira- quest, unless such requirements are— mination, prior to the expiration of the 90- tion of the 90-day period beginning on the ‘‘(A) otherwise requirements under this day period beginning on the date on which date on which the State educational agency Act; and the Secretary received the plan, that the received the application, that the applica- ‘‘(B) directly related to the waiver re- plan is not in compliance with section 2101(d) tion is not in compliance with section 2102(b) quest.’’; or 4103(d) or part C, respectively; and or 4104(b), or part C, respectively; and (5) by striking subsection (e) and inserting ‘‘(2) the Secretary presents substantial evi- ‘‘(2) the State presents substantial evi- the following: dence that clearly demonstrates that such dence that clearly demonstrates that such ‘‘(e) REPORTS.—A State educational agen- State plan does not meet the requirements of application does not meet the requirements cy, local educational agency, or Indian tribe section 2101(d) or 4103(d) or part C, respec- of section 2102(b) or 4104(b), or part C, respec- receiving a waiver under this section shall tively. tively. describe, as part of, and pursuant to, the re- ‘‘(b) DISAPPROVAL PROCESS.— quired annual reporting under section ‘‘(1) IN GENERAL.—The Secretary shall not ‘‘(b) DISAPPROVAL PROCESS.— 1111(d)— finally disapprove a plan submitted under ‘‘(1) IN GENERAL.—The State educational ‘‘(1) the progress of schools covered under section 2101(d), 4103(d), or 9302, except after agency shall not finally disapprove an appli- the provisions of such waiver toward improv- giving the State educational agency notice cation submitted under section 2102(b), ing the quality of instruction to students and an opportunity for a hearing. 4104(b), or 9305 except after giving the local and increasing student academic achieve- ‘‘(2) NOTIFICATIONS.—If the Secretary finds educational agency notice and opportunity ment; and that the plan is not in compliance, in whole for a hearing. ‘‘(2) how the use of the waiver has contrib- or in part, with section 2101(d) or 4103(d) or ‘‘(2) NOTIFICATIONS.—If the State edu- uted to such progress.’’; part C, as applicable, the Secretary shall— cational agency finds that the application (6) in subsection (f), by striking ‘‘if the ‘‘(A) immediately notify the State of such submitted under section 2102(b), 4104(b), or Secretary determines’’ and all that follows determination; 9305 is not in compliance, in whole or in part, through the period at the end and inserting ‘‘(B) provide a detailed description of the with section 2102(b) or 4104(b), or part C, re- the following: ‘‘if, after notice and an oppor- specific provisions of the plan that the Sec- spectively, the State educational agency tunity for a hearing, the Secretary— retary determines fail to meet the require- shall— ‘‘(A) presents substantial evidence that ments, in whole or in part, of such section or ‘‘(A) immediately notify the local edu- clearly demonstrates that the waiver is not part, as applicable; cational agency of such determination; contributing to the progress of schools de- ‘‘(C) offer the State an opportunity to re- ‘‘(B) provide a detailed description of the scribed in subsection (e)(1); or vise and resubmit its plan within 45 days of specific provisions of the application that ‘‘(B) determines that the waiver is no such determination, including the chance for the State determines fail to meet the re- longer necessary to achieve its original pur- the State to present substantial evidence to quirements, in whole or in part, of such sec- poses.’’; and clearly demonstrate that the State plan tion or part, as applicable; (7) by adding at the end the following: meets the requirements of such section or ‘‘(C) offer the local educational agency an ‘‘(h) EFFECT OF ENACTMENT OF ECAA ON part, as applicable; opportunity to revise and resubmit its appli- WAIVER REQUIREMENTS AND CONDITIONS.— ‘‘(D) provide technical assistance, upon re- cation within 45 days of such determination, ‘‘(1) IN GENERAL.—Any requirement or con- quest of the State, in order to assist the including the chance for the local edu- dition of any waiver agreement entered into State to meet the requirements of such sec- cational agency to present substantial evi- by a State, local educational agency, or In- tion or part, as applicable; dence to clearly demonstrate that the appli- dian tribe with the Secretary, as authorized ‘‘(E) conduct a public hearing within 30 cation meets the requirements of such sec- under this section, between September 23, days of the plan’s resubmission under sub- tion or part; 2011, and the day before the effective date of paragraph (C), with public notice provided ‘‘(D) provide technical assistance, upon re- the Every Child Achieves Act of 2015 shall be not less than 15 days before such hearing, un- quest of the local educational agency, in void and have no force of law if such require- less a State declines the opportunity for order to assist the local educational agency ment or condition is not otherwise a require- such public hearing; and to meet the requirements of such section or ment or condition under this Act. ‘‘(F) request additional information, only part, as applicable; ‘‘(2) RULE OF CONSTRUCTION.—Nothing in as to the noncompliant provisions, needed to ‘‘(E) conduct a public hearing within 30 paragraph (1) shall be construed as voiding make the plan compliant. days of the application’s resubmission under

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PROHIBITION ON FEDERALLY SPON- as to the noncompliant provisions, needed to ‘‘(a) GENERAL PROHIBITION.— SORED TESTING. make the application compliant. ‘‘(1) IN GENERAL.—Nothing in this Act shall Section 9529 (20 U.S.C. 7909) is amended to ‘‘(3) RESPONSE.—If the local educational be construed to authorize an officer or em- read as follows: agency responds to the State educational ployee of the Federal Government, through ‘‘SEC. 9529. PROHIBITION ON FEDERALLY SPON- agency’s notification described in paragraph grants, contracts, or other cooperative SORED TESTING. (2)(A) during the 45-day period beginning on agreements (including as a condition of any ‘‘(a) GENERAL PROHIBITION.—Notwith- the date on which the local educational waiver provided under section 9401) to— standing any other provision of Federal law agency received the notification, and resub- ‘‘(A) mandate, direct, or control a State, and except as provided in subsection (b), no mits the application with the requested in- local educational agency, or school’s cur- funds provided under this Act to the Sec- formation described in paragraph (2)(C), the riculum, program of instruction, instruc- retary or to the recipient of any award may State educational agency shall approve or tional content, specific academic standards be used to develop, incentivize, pilot test, disapprove such application prior to the or assessments, or allocation of State or field test, implement, administer, or dis- later of— local resources, or mandate a State or any tribute any federally sponsored national test ‘‘(A) the expiration of the 45-day period be- subdivision thereof to spend any funds or in reading, mathematics, or any other sub- ginning on the date on which the application incur any costs not paid for under this Act; ject, unless specifically and explicitly au- is resubmitted; or ‘‘(B) incentivize a State, local educational thorized by law, including any assessment or ‘‘(B) the expiration of the 90-day period de- agency, or school to adopt any specific in- testing materials aligned to the Common scribed in subsection (a). structional content, academic standards, Core State Standards developed under the ‘‘(4) FAILURE TO RESPOND.—If the local edu- academic assessments, curriculum, or pro- Common Core State Standards Initiative or cational agency does not respond to the gram of instruction, including by providing any other academic standards common to a State educational agency’s notification de- any priority, preference, or special consider- significant number of States. scribed in paragraph (2)(A) during the 45-day ation during the application process for any ‘‘(b) EXCEPTIONS.—Subsection (a) shall not period beginning on the date on which the grant, contract, or cooperative agreement apply to international comparative assess- local educational agency received the notifi- that is based on the adoption of any specific ments developed under the authority of sec- cation, such application shall be deemed to instructional content, academic standards, tion 153(a)(6) of the Education Sciences Re- be disapproved.’’. academic assessments, curriculum, or pro- form Act of 2002 and administered to only a gram of instruction; or representative sample of pupils in the United SEC. 9107. PARTICIPATION BY PRIVATE SCHOOL ‘‘(C) make financial support available in a CHILDREN AND TEACHERS. States and in foreign nations. manner that is conditioned upon a State, ‘‘(c) RULE OF CONSTRUCTION.—Nothing in Section 9501 (20 U.S.C. 7881) is amended— local educational agency, or school’s adop- this section shall be construed to prohibit a (1) in subsection (b)— tion of any specific instructional content, State, local educational agency, or school (A) in paragraph (1), by striking subpara- academic standards, academic assessments, from using funds provided under this Act for graphs (A) through (H) and inserting the fol- curriculum, or program of instruction (such the development or implementation of any lowing: as the Common Core State Standards devel- instructional content, academic standards, ‘‘(A) part C of title I; oped under the Common Core State Stand- academic assessments, curriculum, or pro- ‘‘(B) part A of title II; ards Initiative, any other standards common gram of instruction that a State or local ‘‘(C) part E of title II; to a significant number of States, or any spe- educational agency or school chooses, as per- ‘‘(D) part A of title III; cific assessment, instructional content, or mitted under State and local law, as long as ‘‘(E) parts A and B of title IV; and curriculum aligned to such standards). the use of such funds is consistent with the ‘‘(F) part G of title V.’’; and ‘‘(b) PROHIBITION ON ENDORSEMENT OF CUR- terms of the grant, contract, or cooperative (B) by striking paragraph (3); and RICULUM.—Notwithstanding any other prohi- agreement providing such funds.’’. (2) in subsection (c)(1)— bition of Federal law, no funds provided to the Department under this Act may be used SEC. 9113. LIMITATIONS ON NATIONAL TESTING (A) in subparagraph (E)— OR CERTIFICATION FOR TEACHERS. by the Department directly or indirectly, in- (i) by striking ‘‘and the amount’’ and in- Section 9530(a) (20 U.S.C. 7910(a)) is amend- cluding through any grant, contract, cooper- serting ‘‘, the amount’’; and ed— (ii) by striking ‘‘services; and’’ and insert- ative agreement, or waiver provided by the Secretary under section 9401, to endorse, ap- (1) by inserting ‘‘, principals,’’ after ing ‘‘services, and how that amount is deter- ‘‘teachers’’; and mined;’’; prove, or sanction any curriculum (including the alignment of such curriculum to any spe- (2) by inserting ‘‘, or incentive regarding,’’ (B) in subparagraph (F), by striking the pe- after ‘‘administration of’’. riod at the end and inserting ‘‘; and’’; and cific academic standard) designed to be used in an early childhood education program, el- SEC. 9114. CONSULTATION WITH INDIAN TRIBES (C) by adding at the end the following: AND TRIBAL ORGANIZATIONS. ‘‘(G) whether the agency, consortium, or ementary school, secondary school, or insti- Subpart 2 of part F of title IX (20 U.S.C. entity shall provide services directly or as- tution of higher education. 7901 et seq.), as amended by section 4001(3), sign responsibility for the provision of serv- ‘‘(c) PROHIBITION ON REQUIRING FEDERAL and redesignated by section 9106(1), is further ices to a separate government agency, con- APPROVAL OR CERTIFICATION OF STANDARDS.— amended by adding at the end the following: sortium, or entity, or to a third-party con- ‘‘(1) IN GENERAL.—Notwithstanding any tractor.’’. other provision of Federal law, no State ‘‘SEC. 9538. CONSULTATION WITH INDIAN TRIBES shall be required to have academic content AND TRIBAL ORGANIZATIONS. SEC. 9108. MAINTENANCE OF EFFORT. or academic achievement standards approved ‘‘(a) IN GENERAL.—To ensure timely and Section 9521 (20 U.S.C. 7901) is amended— or certified by the Federal Government, in meaningful consultation on issues affecting (1) in subsection (a), by inserting ‘‘, subject order to receive assistance under this Act. American Indian and Alaska Native stu- to the requirements of subsection (b)’’ after ‘‘(2) RULES OF CONSTRUCTION.— dents, an affected local educational agency ‘‘for the second preceding fiscal year’’; ‘‘(A) APPLICABILITY.—Nothing in this sub- shall consult with appropriate officials from (2) in subsection (b)(1), by inserting before section shall be construed to affect require- Indian tribes or tribal organizations ap- the period at the end the following: ‘‘, if such ments under title I. proved by the tribes located in the area local educational agency has also failed to ‘‘(B) STATE OR LOCAL AUTHORITY.—Nothing served by the local educational agency dur- meet such requirement (as determined using in this section shall be construed to prohibit ing the design and development of the af- the measure most favorable to the local a State, local educational agency, or school fected local educational agency’s programs agency) for 1 or more of the 5 immediately from using funds provided under this Act for under this Act, with the overarching goal of preceding fiscal years’’; and the development or implementation of any meeting the unique cultural, language, and (3) in subsection (c)(1), by inserting ‘‘or a instructional content, academic standards, educational needs of American Indian and change in the organizational structure of the academic assessments, curriculum, or pro- Alaska Native students. local educational agency’’ after ‘‘, such as a gram of instruction that a State, local edu- ‘‘(b) TIMING.—The consultation described natural disaster’’. cational agency, or school chooses, as per- in subsection (a) shall include meetings of mitted under State and local law, as long as officials from the affected local educational SEC. 9109. SCHOOL PRAYER. the use of such funds is consistent with the agency and the tribes or tribal organizations Section 9524(a) (20 U.S.C. 7904(a)) is amend- terms of the grant, contract, or cooperative approved by the tribes and shall occur before ed by striking ‘‘on the Internet’’ and insert- agreement providing such funds. the affected local educational agency makes ing ‘‘by electronic means, including by post- ‘‘(3) BUILDING STANDARDS.—Nothing in this any decision regarding how the needs of ing the guidance on the Department’s Act shall be construed to mandate national American Indian and Alaska Native children website in a clear and easily accessible man- school building standards for a State, local will be met in covered programs or in serv- ner’’. educational agency, or school.’’. ices or activities provided under title VII.

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‘‘(c) DOCUMENTATION.—Each affected local ‘‘SEC. 9540. CONSULTATION WITH THE GOV- thorized under this Act to carry out activi- educational agency shall maintain in the ERNOR. ties under this section. If the Secretary agency’s records and provide to the State ‘‘(a) IN GENERAL.—A State educational elects to make a reservation under this sub- educational agency a written affirmation agency shall consult in a timely and mean- section, the reserved amounts— signed by officials of the participating tribes ingful manner with the Governor, or appro- ‘‘(1) shall first be used by the Secretary, or tribal organizations approved by the priate officials from the Governor’s office, in acting through the Director of the Institute tribes that the consultation required by this the development of State plans under titles I of Education Sciences, to— section has occurred. If such officials do not and II and section 9302. ‘‘(A) conduct comprehensive, high-quality provide such affirmation within a reasonable ‘‘(b) TIMING.—The consultation described evaluations of the programs that— period of time, the affected local educational in subsection (a) shall include meetings of ‘‘(i) are consistent with the evaluation agency shall forward documentation that officials from the State educational agency plan under subsection (d); and such consultation has taken place to the and the Governor’s office and shall occur— ‘‘(ii) primarily include impact evaluations State educational agency. ‘‘(1) during the development of such plan; that use experimental or quasi-experimental ‘‘(d) AFFECTED LOCAL EDUCATIONAL AGEN- and designs, where practicable and appropriate, CY.—In this section, the term ‘affected local ‘‘(2) prior to submission of the plan to the and other rigorous methodologies that per- educational agency’ means a local edu- Secretary. mit the strongest possible causal inferences; cational agency— ‘‘(c) JOINT SIGNATURE AUTHORITY.—A Gov- ‘‘(B) conduct studies of the effectiveness of ‘‘(1) with an enrollment of American In- ernor shall have 30 days prior to the State the programs and the administrative impact dian or Alaska Native students that is not educational agency submitting the State of the programs on schools and local edu- less than 50 percent of the total enrollment plan under title I or II or section 9302 to the cational agencies; and of the local educational agency; or Secretary to sign such plan. If the Governor ‘‘(C) widely disseminate evaluation find- ‘‘(2) with an enrollment of not less than 50 has not signed the plan within 30 days of de- ings under this section related to programs American Indian or Alaska Native stu- livery by the State educational agency to authorized under this Act— dents.’’. the Governor, the State educational agency ‘‘(i) in a timely fashion; SEC. 9114A. APPLICATION FOR COMPETITIVE shall submit the plan to the Secretary with- ‘‘(ii) in forms that are understandable, eas- GRANTS FROM THE BUREAU OF IN- out such signature.’’. ily accessible, and usable, or adaptable for DIAN EDUCATION. SEC. 9115B. LOCAL GOVERNANCE. use in, the improvement of educational prac- Subpart 2 of part F of title IX (20 U.S.C. Subpart 2 of part F of title IX (20 U.S.C. tice; 7901 et seq.), as amended by sections 4001(3) 7901 et seq.), as amended by sections 4001(3), ‘‘(iii) through electronic transfer and other and 9114 and redesignated by section 9106(1), 9114, and 9115, and redesignated by section means, such as posting, as available, to the is further amended by adding at the end the 9106(1), is further amended by adding at the websites of State educational agencies, local following: end the following: educational agencies, the Institute of Edu- ‘‘SEC. 9539A. APPLICATION FOR COMPETITIVE ‘‘SEC. 9540A. LOCAL GOVERNANCE. cation Sciences, or the Department, or in an- GRANTS FROM THE BUREAU OF IN- DIAN EDUCATION. ‘‘(a) RULE OF CONSTRUCTION.—Nothing in other relevant place; and ‘‘(a) IN GENERAL.—Notwithstanding any this Act shall be construed to allow the Sec- ‘‘(iv) in a manner that promotes the utili- other provision of this Act and subject to retary to— zation of such findings; and subsection (b), the Bureau of Indian Edu- ‘‘(1) exercise any governance or authority ‘‘(2) may be used by the Secretary, acting cation may apply for, and carry out, any over school administration, including the de- through the Director of the Institute of Edu- grant program awarded on a competitive velopment and expenditure of school budg- cation Sciences— basis under this Act, as appropriate, on be- ets, unless otherwise authorized under this ‘‘(A) to evaluate the aggregate short- and half of the schools and the Indian children Act; long-term effects and cost efficiencies that the Bureau serves, and shall not be sub- ‘‘(2) issue any regulation without first across— ject to any provision of the program that re- complying with the rulemaking require- ‘‘(i) Federal programs assisted or author- quires grant recipients to contribute funds ments of section 553 of title 5, United States ized under this Act; and toward the costs of the grant program. Code; or ‘‘(ii) related Federal early childhood edu- ‘‘(b) LIMITATION.—In the case of any com- ‘‘(3) issue any non-regulatory guidance cation programs, preschool programs, ele- petitive grant program described in sub- without first, to the extent feasible, consid- mentary school programs, and secondary section (a) that also provides a reservation of ering input from stakeholders. school programs, under any other Federal funds to the Bureau of Indian Education, the ‘‘(b) AUTHORITY UNDER OTHER LAW.—Noth- law; Bureau shall not, for any fiscal year, receive ing in subsection (a) shall be construed to af- ‘‘(B) to increase the usefulness of the eval- both a grant and a reservation under the fect any authority the Secretary has under uations conducted under this section by im- competitive grant program.’’. any other Federal law.’’. proving the quality, timeliness, efficiency, SEC. 9115. OUTREACH AND TECHNICAL ASSIST- SEC. 9115C. RULE OF CONSTRUCTION REGARD- and use of information relating to perform- ANCE FOR RURAL LOCAL EDU- ING TRAVEL TO AND FROM SCHOOL. ance to promote continuous improvement of CATIONAL AGENCIES. Subpart 2 of part F of title IX (20 U.S.C. programs assisted or authorized under this Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), as amended by sections, 9114 and Act; and 7901 et seq.), as amended by sections 4001(3) 9115, and redesignated by section 9601, is fur- ‘‘(C) to assist recipients of grants under and 9114, and redesignated by section 9106(1), ther amended by adding at the end the fol- such programs in collecting and analyzing is further amended by adding at the end the lowing: data and other activities related to con- following: ‘‘SEC. 9539C. RULE OF CONSTRUCTION REGARD- ducting high-quality evaluations under para- ‘‘SEC. 9539B. OUTREACH AND TECHNICAL ASSIST- ING TRAVEL TO AND FROM SCHOOL. graph (1). ANCE FOR RURAL LOCAL EDU- ‘‘(a) IN GENERAL.—Subject to subsection ‘‘(b) TITLE I.—The Secretary, acting CATIONAL AGENCIES. (b), nothing in this Act shall authorize the through the Director of the Institute of Edu- ‘‘(a) OUTREACH.—The Secretary shall en- Secretary to, or shall be construed to— gage in outreach to rural local educational cation Sciences, shall use funds authorized ‘‘(1) prohibit a child from traveling to and agencies regarding opportunities to apply for under section 1002(e) to carry out evaluation from school on foot or by car, bus, or bike competitive grant programs under this Act. activities under this section related to title when the parents of the child have given per- ‘‘(b) TECHNICAL ASSISTANCE.—If requested I, and shall not reserve any other money to do so, the Secretary shall provide tech- mission; or from such title for evaluation. nical assistance to rural local educational ‘‘(2) expose parents to civil or criminal ‘‘(c) CONSOLIDATION.—Notwithstanding any agencies with locale codes 32, 33, 41, 42, or 43, charges for allowing their child to respon- other provision of this section or section or an educational service agency rep- sibly and safely travel to and from school by 1002(e), the Secretary, in consultation with resenting rural local educational agencies a means the parents believe is age appro- the Director of the Institute of Education with locale codes 32, 33, 41, 42, or 43 on appli- priate. Sciences— cations or pre-applications for any competi- ‘‘(b) NO PREEMPTION OF STATE OR LOCAL ‘‘(1) may consolidate the funds reserved tive grant program under this Act. No rural LAWS.—Notwithstanding subsection (a), under subsections (a) and (b) for purposes of local educational agency or educational nothing in this section shall be construed to carrying out the activities under subsection service agency shall be required to request preempt State or local laws.’’. (a)(1); and technical assistance or include any technical SEC. 9116. EVALUATIONS. ‘‘(2) shall not be required to evaluate under assistance provided by the Secretary in any Section 9601 (20 U.S.C. 7941) is amended to subsection (a)(1) each program authorized application.’’. read as follows: under this Act each year. SEC. 9115A. CONSULTATION WITH THE GOV- ‘‘SEC. 9601. EVALUATIONS. ‘‘(d) EVALUATION PLAN.—The Director of ERNOR. ‘‘(a) RESERVATION OF FUNDS.—Except as the Institute of Education Sciences, shall, on Subpart 2 of part F of title IX (20 U.S.C. provided in subsection (b) and (e), the Sec- a biennial basis, develop, submit to Congress, 7901 et seq.), as amended by sections 4001(3), retary, in consultation with the Director of and make publicly available an evaluation 9114, and 9115, and redesignated by section the Institute of Education Sciences, may re- plan, that— 9106(1), is further amended by adding at the serve not more than 0.5 percent of the ‘‘(1) describes the specific activities that end the following: amount appropriated for each program au- will be carried out under subsection (a) for

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00241 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.043 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5420 CONGRESSIONAL RECORD — SENATE July 21, 2015 the 2-year period applicable to the plan, and TITLE X—EDUCATION FOR HOMELESS Act to all States for that year, except as pro- the timelines of such activities; CHILDREN AND YOUTHS; OTHER LAWS; vided in paragraph (2). ‘‘(2) contains the results of the activities MISCELLANEOUS ‘‘(2) MINIMUM ALLOTMENTS.—Subject to carried out under subsection (a) for the most PART A—EDUCATION FOR HOMELESS paragraph (3), no State shall receive less recent 2-year period; and CHILDREN AND YOUTH under this subsection for a fiscal year than ‘‘(3) describes how programs authorized SEC. 10101. STATEMENT OF POLICY. the greatest of— under this Act will be regularly evaluated. Section 721 of the McKinney-Vento Home- ‘‘(A) $150,000; ‘‘(e) EVALUATION ACTIVITIES AUTHORIZED less Assistance Act (42 U.S.C. 11431) is ‘‘(B) one-fourth of 1 percent of the amount ELSEWHERE.—If, under any other provision of amended— appropriated under section 726 for that year; this Act, funds are authorized to be reserved (1) in paragraph (2), by striking ‘‘In any or or used for evaluation activities with respect State’’ and all that follows through ‘‘will re- ‘‘(C) the amount such State received under to a program, the Secretary may not reserve view’’ and inserting ‘‘In any State where this section for fiscal year 2001. additional funds under this section for the ‘‘(3) REDUCTION FOR INSUFFICIENT FUNDS.—If evaluation of that program.’’. compulsory residency requirements or other requirements, in laws, regulations, practices, there are insufficient funds in a fiscal year SEC. 9117. PROHIBITION ON AIDING AND ABET- to allot to each State the minimum amount TING SEXUAL ABUSE. or policies, may act as a barrier to the iden- tification of, or enrollment, attendance, or under paragraph (2), the Secretary shall rat- Subpart 2 of part F of title IX (20 U.S.C. ably reduce the allotments to all States 7901 et seq.), as amended by sections 4001(3) success in school of homeless children and youths, the State educational agency and based on the proportionate share that each and 9114, and redesignated by section 9106(1), State received under this subsection for the is further amended by adding at the end the local educational agencies in the State will review’’; preceding fiscal year.’’; following: (3) in subsection (d)— ‘‘SEC. 9539. PROHIBITION ON AIDING AND ABET- (2) in paragraph (3), by striking ‘‘alone’’; and (A) in paragraph (2)— TING SEXUAL ABUSE. (i) by striking ‘‘To provide’’ and all that ‘‘(a) IN GENERAL.—A State, State edu- (3) in paragraph (4), by striking ‘‘chal- lenging State student academic achievement follows through ‘‘that enable’’ and inserting cational agency, or local educational agency ‘‘To provide services and activities to im- in the case of a local educational agency des- standards’’ and inserting ‘‘challenging State academic standards’’. prove the identification of homeless children ignated under State law, that receives Fed- and youths (including preschool-aged home- SEC. 10102. GRANTS FOR STATE AND LOCAL AC- eral funds under this Act shall have laws, less children) and enable’’; and regulations, or policies that prohibit any TIVITIES. (ii) by striking ‘‘or, if’’ and inserting ‘‘in- person who is a school employee, contractor, Section 722 of the McKinney-Vento Home- cluding, if’’; and or agent, or any State educational agency or less Assistance Act (42 U.S.C. 11432) is (B) in paragraph (3), by striking ‘‘des- local educational agency, from assisting a amended— ignate’’ and all that follows and inserting school employee, contractor, or agent in ob- (1) by striking subsection (b) and inserting ‘‘designate in the State educational agency taining a new job, apart from the routine the following: an Office of the Coordinator for Education of transmission of administrative and per- ‘‘(b) RESERVATIONS.— Homeless Children and Youths that can suf- sonnel files, if the person or agency knows, ‘‘(1) STUDENTS IN TERRITORIES.—The Sec- ficiently carry out the duties described for or recklessly disregards credible information retary is authorized to reserve 0.1 percent of the Office in this subtitle.’’; indicating, that such school employee, con- the amount appropriated for each fiscal year (4) in subsection (e)— tractor, or agent engaged in sexual mis- under section 726, to be allocated by the Sec- (A) in paragraph (1), by striking ‘‘sub- conduct regarding a minor in violation of the retary among the United States Virgin Is- section (c)(1)’’ and inserting ‘‘subsection law. lands, Guam, American Samoa, and the Com- (c)(2)’’; and ‘‘(b) EXCEPTION.—The requirements of sub- monwealth of the Northern Mariana Islands, (B) in paragraph (3)— section (a) shall not apply if the credible in- according to their respective needs for as- (i) in subparagraph (E)(ii)(II), by striking formation described in such subsection— sistance under this subtitle, as determined ‘‘subsection (g)(6)(A)(v)’’ and inserting ‘‘sub- ‘‘(1)(A) has been properly reported to a law by the Secretary. section (g)(6)(A)(vi)’’; and enforcement agency with jurisdiction over ‘‘(2) INDIAN STUDENTS.— (ii) in subparagraph (F)(iii), by striking the alleged misconduct; and ‘‘(A) TRANSFER.—The Secretary shall ‘‘Not later’’ and all that follows through ‘‘(B) has been properly reported to any transfer 1 percent of the amount appro- ‘‘the Secretary’’ and inserting ‘‘The Sec- other authorities as required by Federal, priated for each fiscal year under section 726 retary’’; State, or local law, including title IX of the to the Department of the Interior. The trans- (5) by striking subsection (f) and inserting Education Amendments of 1972 (20 U.S.C. ferred funds shall be used for programs for the following: 1681 et seq.) and the regulations imple- Indian students served by schools funded by menting such title under part 106 of title 34, the Secretary of the Interior, as determined ‘‘(f) FUNCTIONS OF THE OFFICE OF THE COOR- Code of Federal Regulations, or any suc- under the Indian Self-Determination and DINATOR.—The Coordinator for Education of ceeding regulations; and Education Assistance Act (25 U.S.C. 450 et Homeless Children and Youths established in ‘‘(2)(A) the case has been officially closed seq.), that are consistent with the purposes each State shall— or the prosecutor with jurisdiction over the of the programs described in this subtitle. ‘‘(1) gather and make publicly available re- alleged misconduct has investigated the alle- ‘‘(B) AGREEMENT.—The Secretary of Edu- liable, valid, and comprehensive information gations and notified school officials that cation and the Secretary of the Interior shall on— there is insufficient information to establish enter into an agreement, consistent with the ‘‘(A) the number of homeless children and probable cause that the school employee, requirements of this subtitle, for the dis- youths identified in the State, which shall be contractor, or agent engaged in sexual mis- tribution and use of the transferred funds posted annually on the State educational conduct regarding a minor; under terms that the Secretary of Education agency’s website; ‘‘(B) the school employee, contractor, or determines best meet the purposes of the ‘‘(B) the nature and extent of the problems agent has been charged with, and exonerated programs described in this subtitle. Such homeless children and youths have in gain- of, the alleged misconduct; or agreement shall set forth the plans of the ing access to public preschool programs and ‘‘(C) the case remains open but there have Secretary of the Interior for the use of the to public elementary schools and secondary been no charges filed against, or indictment amounts transferred, including appropriate schools; of, the school employee, contractor, or agent goals, objectives, and milestones.’’; ‘‘(C) the difficulties in identifying the spe- within 4 years of the date on which the infor- (2) in subsection (c)— cial needs and barriers to the participation mation was reported to a law enforcement (A) by redesignating paragraph (3) as para- and achievement of such children and agency. graph (4); and youths; ‘‘(c) PROHIBITION.—The Secretary shall not (B) by striking the subsection heading and ‘‘(D) any progress made by the State edu- have the authority to mandate, direct, or all that follows through paragraph (2) and in- cational agency and local educational agen- control the specific measures adopted by a serting the following: cies in the State in addressing such problems State, State educational agency, or local ‘‘(c) ALLOTMENTS.— and difficulties; and educational agency under this section. ‘‘(1) IN GENERAL.—The Secretary is author- ‘‘(E) the success of the programs under this ‘‘(d) CONSTRUCTION.—Nothing in this sec- ized to allot to each State for a fiscal year subtitle in identifying homeless children and tion shall be construed to prevent a State an amount that bears the same ratio to the youths and allowing such children and from adopting, or to override a State law, amount appropriated for such year under youths to enroll in, attend, and succeed in, regulation, or policy that provides, greater section 726 that remains after the Secretary school; or additional protections to prohibit any per- reserves funds under subsection (b) and uses ‘‘(2) develop and carry out the State plan son who is a school employee, contractor, or funds to carry out subsections (d) and (h) of described in subsection (g); agent, or any State educational agency or section 724, as the amount allocated under ‘‘(3) collect data for and transmit to the local educational agency, from assisting a section 1122 of the Elementary and Sec- Secretary, at such time and in such manner school employee who engaged in sexual mis- ondary Education Act of 1965 (20 U.S.C. 6332) as the Secretary may reasonably require, a conduct regarding a minor in violation of the to the State for that year bears to the total report containing information necessary to law in obtaining a new job.’’. amount allocated under section 1122 of such assess the educational needs of homeless

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00242 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.043 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5421 children and youths within the State, includ- same public preschool programs, adminis- the right to appeal under subparagraph (E), ing data necessary for the Secretary to ful- tered by the State educational agency or to the child’s or youth’s parent or guardian, fill the responsibilities under section 724(h); local educational agency, as are provided to or (in the case of an unaccompanied youth) ‘‘(4) in order to improve the provision of other children in the State, including ensur- the youth; and’’; and comprehensive education and related serv- ing that access by having the administering (IV) in that clause (iv), by inserting ‘‘and ices to homeless children and youths and agency carry out the policies and practices takes into account’’ after ‘‘considers’’; their families, coordinate activities and col- required under paragraph (3);’’; (iii) by striking subparagraph (C) and in- laborate with— (II) in clause (ii), by striking ‘‘services; serting the following: ‘‘(A) educators, including teachers, special and’’ and inserting ‘‘services, including ‘‘(C) IMMEDIATE ENROLLMENT.— education personnel, administrators, and through the implementation of policies and ‘‘(i) IN GENERAL.—The school selected in child development and preschool program practices to ensure that youths described in accordance with this paragraph shall imme- personnel; this clause are able to receive appropriate diately enroll the homeless child or youth, ‘‘(B) providers of services to homeless chil- credit for full or partial coursework satisfac- even if the child or youth— dren and youths and their families, including torily completed while attending a prior ‘‘(I) is unable to produce records normally services of public and private child welfare school, in accordance with State, local, and required for enrollment, such as previous and social services agencies, law enforce- school policies;’’; and academic records, records of immunization ment agencies, juvenile and family courts, (III) by striking clause (iii) and inserting and other required health records, proof of agencies providing mental health services, the following: residency, or other documentation; or domestic violence agencies, child care pro- ‘‘(iii) homeless children and youths who ‘‘(II) has missed application or enrollment viders, runaway and homeless youth centers, meet the relevant eligibility criteria have deadlines during any period of homelessness. and providers of services and programs fund- access to magnet school, summer school, ca- ‘‘(ii) RELEVANT ACADEMIC RECORDS.—The ed under the Runaway and Homeless Youth reer and technical education, dual or concur- enrolling school shall immediately contact Act (42 U.S.C. 5701 et seq.); rent enrollment opportunities, early college the school last attended by the child or ‘‘(C) providers of emergency, transitional, high school, advanced placement, online youth to obtain relevant academic and other and permanent housing to homeless children learning, and charter school programs, if records. and youths, and their families, including such programs are available at the State or public housing agencies, shelter operators, local levels; and ‘‘(iii) RELEVANT HEALTH RECORDS.—If the operators of transitional housing facilities, ‘‘(iv) the State educational agency and child or youth needs to obtain immuniza- and providers of transitional living programs local educational agencies will adopt policies tions or health records, the enrolling school for homeless youths; and practices to promote school success for shall immediately refer the parent or guard- ‘‘(D) local educational agency liaisons des- homeless children and youth, including pro- ian of the child or youth or (in the case of an ignated under subsection (g)(1)(J)(ii) for viding access to full participation in the aca- unaccompanied youth) the youth, to the homeless children and youths; and demic and extracurricular activities that are local educational agency liaison designated ‘‘(E) community organizations and groups made available to students who are not under paragraph (1)(J)(ii), who shall assist in representing homeless children and youths homeless children and youth.’’; obtaining necessary immunizations or and their families; (vi) in subparagraph (H)(i), by striking screenings, or health records, in accordance ‘‘(5) provide technical assistance to and ‘‘medical’’ and inserting ‘‘other health’’; with subparagraph (D).’’; conduct monitoring of local educational (vii) in subparagraph (I)— (iv) in subparagraph (D)— agencies in coordination with local edu- (I) by striking ‘‘enrollment’’ and inserting (I) in the matter preceding clause (i), by cational agency liaisons designated under ‘‘identification of homeless children and striking ‘‘medical records’’ and inserting subsection (g)(1)(J)(ii), to ensure that local youths, and the enrollment,’’; and ‘‘health records’’; and educational agencies comply with the re- (II) by striking ‘‘State.’’ and inserting (II) in clause (i), by inserting ‘‘involved’’ quirements of subsection (e)(3) and para- ‘‘State, including barriers related to fees, after ‘‘records’’; graphs (3) through (7) of subsection (g); fines, absences, and credit accrual policies.’’; (v) in subparagraph (E)— ‘‘(6) provide professional development op- and (I) in the matter preceding clause (i), by portunities for local educational agency per- (viii) in subparagraph (J)— striking ‘‘If’’ and all that follows through sonnel and the local educational agency liai- (I) in clause (ii), by striking ‘‘to carry out’’ ‘‘school—’’ and inserting ‘‘If a dispute arises son designated under subsection (g)(1)(J)(ii) and inserting ‘‘and assurances that the liai- over eligibility for enrollment, school selec- to assist such personnel and liaison in identi- son will have sufficient training and time to tion, or enrollment in a public school, in- fying and meeting the needs of homeless carry out’’; cluding a public preschool—’’; children and youths, and provide training on (II) in clause (iii), in the matter preceding (II) in clause (i), by inserting before the the definitions of terms related to homeless- subclause (I), by striking ‘‘origin, as deter- semicolon the following: ‘‘, including all ness specified in sections 103, 401, and 725 to mined in paragraph (3)(A),’’ and inserting available appeals’’; and the personnel (including personnel of pre- ‘‘origin (within the meaning of paragraph (III) by striking clause (ii) and inserting school and early childhood education pro- (3)(A)), which may include a preschool,’’; and the following: grams provided through the local edu- (III) in subclauses (I) and (II) of clause (iii), ‘‘(ii) the parent or guardian of the child or cational agency) and the liaison; and by striking ‘‘homeless’’ each place it ap- youth or (in the case of an unaccompanied ‘‘(7) respond to inquiries from parents and pears; youth) the youth shall be provided with a guardians of homeless children and youths, (B) in paragraph (3)— written explanation of any decisions related including (in the case of unaccompanied (i) in subparagraph (A)(i)(I), by striking to school selection or enrollment made by youths) such youths, to ensure that each ‘‘or’’ at the end and inserting ‘‘and’’; the school, the local educational agency, or child or youth who is the subject of such an (ii) in subparagraph (B)— the State educational agency involved, in- inquiry receives the full protections and (I) by striking ‘‘BEST INTEREST’’ and insert- cluding the rights of the parent, guardian, or services provided by this subtitle.’’; ing ‘‘SCHOOL STABILITY’’; unaccompanied youth to appeal such deci- (6) in subsection (g)— (II) by redesignating clause (iii) as clause sions;’’; (A) in paragraph (1)— (iv); (vi) by striking subparagraph (G) and in- (i) in subparagraph (A), by striking (III) by striking clauses (i) and (ii) and in- serting the following: ‘‘achievement’’; serting the following: ‘‘(G) PRIVACY.—Information about a home- (ii) in subparagraph (B), by striking ‘‘spe- ‘‘(i) presume that keeping the child or less child’s or youth’s living situation shall cial’’; youth in the school of origin is in the child’s be treated as a student education record, and (iii) in subparagraph (D)— or youth’s best interest, except when doing not as directory information, under section (I) by striking ‘‘(including’’ and all that so is contrary to the request of the child’s or 444 of the General Education Provisions Act follows through ‘‘personnel)’’ and inserting youth’s parent or guardian, or (in the case of (20 U.S.C. 1232g).’’; and ‘‘(including liaisons designated under sub- an unaccompanied youth) the youth; (vii) by adding at the end the following: paragraph (J)(ii), principals and school lead- ‘‘(ii) consider factors related to the child’s ‘‘(I) SCHOOL OF ORIGIN DEFINED.—In this ers, attendance officers, teachers, enroll- or youth’s best interest, including factors re- paragraph: ment personnel, and specialized instruc- lated to the impact of mobility on achieve- ‘‘(i) IN GENERAL.—The term ‘school of ori- tional support personnel)’’; and ment, health, and safety of homeless chil- gin’ means the school that a child or youth (II) by striking ‘‘of runaway and homeless dren and youth, giving priority to the re- attended when permanently housed or the youths’’ and inserting ‘‘of homeless children quest of the child’s or youth’s parent or school in which the child or youth was last and youths, including such children and guardian or (in the case of an unaccompanied enrolled. youths who are runaway and homeless youth) the youth; ‘‘(ii) RECEIVING SCHOOL.—In the case of a youths’’; ‘‘(iii) if after carrying out clauses (i) and child or youth who completed the final grade (iv) in subparagraph (E), by striking (ii) the local educational agency sends the level served by the school of origin, as de- ‘‘food’’ and inserting ‘‘nutrition’’; child or youth to a school other than the scribed in clause (i), the term ‘school of ori- (v) in subparagraph (F)— school of origin or a school requested as de- gin’ shall include the designated receiving (I) in clause (i), by striking ‘‘equal’’ and all scribed in clause (ii), provide a written ex- school at the next grade level.’’; that follows and inserting ‘‘access to the planation, including a statement regarding (C) in paragraph (4)—

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00243 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.043 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5422 CONGRESSIONAL RECORD — SENATE July 21, 2015 (i) in subparagraph (A), by inserting before ‘‘(II) have opportunities to meet the same secondary schools’’ and inserting ‘‘early the period the following ‘‘, which may in- challenging State academic standards as the childhood education and other preschool pro- clude transportation to a preschool’’; State establishes for other children and grams, elementary schools, and secondary (ii) in subparagraph (B), by striking ‘‘and youth, including through implementation of schools,’’; educational’’ and all that follows and insert- the procedures under paragraph (1)(F)(ii); (ii) in subparagraph (A), by inserting ing ‘‘educational programs for English learn- and ‘‘identification,’’ before ‘‘enrollment,’’; ers, charter school programs, and magnet ‘‘(III) are informed of their status as inde- (iii) in subparagraph (B), by striking ‘‘ap- school programs.’’; and pendent students under section 480 of the plication—’’ and all that follows and insert- (iii) in subparagraph (C), by striking ‘‘vo- Higher Education Act of 1965 (20 U.S.C. ing ‘‘application reflects coordination with cational’’ and inserting ‘‘career’’; 1087vv) and may obtain assistance to receive other local and State agencies that serve (D) in paragraph (5)— verification of such status for purposes of homeless children and youths.’’; and (i) in subparagraph (A)— the Free Application for Federal Student Aid (iv) in subparagraph (C), by inserting ‘‘(as (I) in clause (i), by striking ‘‘programs pro- described in section 483 of such Act (20 U.S.C. of the date of submission of the application)’’ viding’’ and inserting ‘‘entities providing’’; 1090).’’; after ‘‘practice’’; and (ii) in subparagraph (B), by striking ‘‘and (B) in paragraph (3)— (II) in clause (ii), by striking ‘‘such as advocates’’ and all that follows and inserting (i) in subparagraph (C), by inserting ‘‘ex- transportation or’’ and inserting ‘‘including ‘‘advocates working with homeless families, tent to which the applicant will promote transportation and’’; parents and guardians of homeless children meaningful’’ after ‘‘The’’; and youths, and homeless children and (ii) in subparagraph (D), by striking ‘‘with- (ii) in subparagraph (C)— youths who are in secondary school, of the in’’ and inserting ‘‘into’’; (I) by redesignating clauses (i) and (ii) as duties of the local educational agency liai- (iii) by redesignating subparagraph (G) as clauses (ii) and (iii), respectively; sons, and publish an annually updated list of subparagraph (I); (II) by inserting before clause (ii), as redes- the liaisons on the State educational agen- (iv) by inserting after subparagraph (F) the ignated by subclause (I), the following: cy’s website.’’; following: ‘‘(i) ensure that all homeless children and (iii) in subparagraph (C), by adding at the ‘‘(G) The extent to which the local edu- youths are promptly identified;’’; and end the following: ‘‘Such coordination shall cational agency will use the subgrant to le- (III) in clause (ii), as redesignated by sub- include collecting and providing to the State verage resources. clause (I), by striking ‘‘have access and’’ and coordinator the reliable, valid, and com- ‘‘(H) How the local educational agency uses inserting ‘‘have access to and are in’’; and prehensive information and data needed to funds to serve homeless children and youths (iii) by adding at the end the following: meet the requirements of paragraphs (1) and under section 1113(a)(4) of the Elementary ‘‘(D) HOMELESS CHILDREN AND YOUTHS WITH (3) of subsection (f).’’; and and Secondary Education Act of 1965 (20 DISABILITIES.—For children and youths who (iv) by adding at the end the following: U.S.C. 6313(a)(4)).’’; and are to be assisted both under this subtitle, ‘‘(D) PROFESSIONAL DEVELOPMENT.—As de- (v) in subparagraph (I), as redesignated by and under the Individuals with Disabilities termined appropriate by the State coordi- clause (iii), by striking ‘‘Such’’ and inserting Education Act (20 U.S.C. 1400 et seq.), each nator, the local educational agency liaisons ‘‘The extent to which the applicant’s pro- local educational agency shall coordinate shall participate in the professional develop- gram meets such’’; and the provision of services under this subtitle ment activities provided, and other technical (4) in subsection (d)— with the provision of programs for children assistance activities provided pursuant to (A) in paragraph (1), by striking ‘‘the same with disabilities served by that local edu- paragraphs (5) and (6) of subsection (f), by challenging State academic content stand- cational agency and other involved local the State coordinator. ards and challenging State student academic educational agencies.’’; ‘‘(E) CERTIFYING HOMELESS STATUS.—A achievement standards’’ and inserting ‘‘the (E) in paragraph (6)— local educational agency liaison or member same challenging State academic standards (i) in subparagraph (A)— of the personnel of a local educational agen- as’’; (I) by redesignating clauses (iv) through cy who receives training described in sub- (B) in paragraph (2)— (vii) as clauses (v) through (viii), respec- section (f)(6) may certify a child or youth (i) by striking ‘‘students with limited tively; who is participating in a program provided English proficiency’’ and inserting ‘‘English (II) by striking clause (iii) and inserting by the local educational agency, or a parent learners’’; and the following: or family of such a child or youth, who (ii) by striking ‘‘vocational’’ and inserting ‘‘(iii) homeless families and homeless chil- meets the eligibility requirements of this ‘‘career’’; dren and youths have access to and receive Act for a program or service authorized (C) in paragraph (3), by striking ‘‘pupil educational services for which such families, under title IV, as eligible for the program or services’’ and inserting ‘‘specialized instruc- children, and youths are eligible, including service.’’; and tional support services’’; services through Head Start programs (in- (F) in paragraph (7)— (D) in paragraph (7), by striking ‘‘and un- cluding Early Head Start programs) under (i) in subparagraph (A), by striking ‘‘that accompanied youths,’’ and inserting ‘‘par- the Head Start Act (42 U.S.C. 9831 et seq.), receives’’ and all that follows through ‘‘en- ticularly homeless children and youths who early intervention services under part C of rollment’’ and inserting ‘‘shall review and are not enrolled in school,’’; the Individuals with Disabilities Education revise any policies that may act as barriers (E) in paragraph (9), by striking ‘‘medical’’ Act (20 U.S.C. 1431 et seq.), and other pre- to the identification of homeless children and inserting ‘‘other health’’; school programs administered by the local and youths or enrollment’’; and (F) by striking paragraph (10) and inserting educational agency; (ii) in subparagraph (C), by striking ‘‘en- the following: ‘‘(iv) homeless families and homeless chil- rollment’’ and inserting ‘‘identification, en- ‘‘(10) The provision of education and train- dren and youths receive referrals to health rollment,’’; and ing to the parents and guardians of homeless care services, dental services, mental health (7) by striking subsection (h). children and youths about the rights of, and and substance abuse services, housing serv- SEC. 10103. LOCAL EDUCATIONAL AGENCY SUB- resources available to, such children and ices, and other appropriate services;’’; GRANTS. youths, and the provision of other activities (III) by striking clause (vi), as redesignated Section 723 of the McKinney-Vento Home- designed to increase the meaningful involve- by subclause (I), and inserting the following: less Assistance Act (42 U.S.C. 11433) is ment of parents and guardians of homeless ‘‘(vi) public notice of the educational amended— children or youths in the education of the rights of homeless children and youths is dis- (1) in subsection (a)— children or youths.’’; seminated in locations frequented by parents (A) in paragraph (1), by inserting ‘‘identi- (G) in paragraph (12), by striking ‘‘pupil and guardians of such children and youths, fication of homeless children and youths services’’ and inserting ‘‘specialized instruc- and unaccompanied youths, including and’’ before ‘‘enrollment,’’; and tional support services’’; schools, shelters, public libraries, and soup (B) in paragraph (2)(B), in the matter pre- (H) in paragraph (13), by inserting before kitchens, in a manner and form understand- ceding clause (i), by inserting ‘‘the related’’ the period the following: ‘‘or parental mental able to the parents and guardians of home- before ‘‘schools’’; health or substance abuse problems’’; and less children and youths, and unaccompanied (2) in subsection (b), by adding at the end (I) in paragraph (16), by striking ‘‘to attend youths;’’; the following: school’’ and inserting ‘‘to enroll, attend, and (IV) in clause (vii), as redesignated by sub- ‘‘(6) An assurance that the local edu- succeed in school (including a preschool pro- clause (I), by striking ‘‘and’’ at the end; cational agency will collect and promptly gram)’’. (V) in clause (viii), as redesignated by sub- provide the information and data requested SEC. 10104. SECRETARIAL RESPONSIBILITIES. clause (I), by striking the period and insert- by the State coordinator pursuant to para- Section 724 of the McKinney-Vento Home- ing a semicolon; and graphs (1) and (3) of section 722(f). less Assistance Act (42 U.S.C. 11434) is (VI) by adding at the end the following: ‘‘(7) An assurance that the applicant will amended— ‘‘(ix) school personnel providing services meet the requirements of section 722(g)(3).’’; (1) by striking subsection (c) and inserting under this subtitle receive professional de- (3) in subsection (c)— the following: velopment and other support; and (A) in paragraph (2)— ‘‘(c) NOTICE.— ‘‘(x) unaccompanied youths— (i) in the matter preceding subparagraph ‘‘(1) IN GENERAL.—The Secretary shall, be- ‘‘(I) are enrolled in school; (A), by striking ‘‘preschool, elementary, and fore the next school year that begins after

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the date of enactment of the Every Child (2) COVERED STATE.—In the case of a cov- cation shall prepare and submit to the Com- Achieves Act of 2015, update and disseminate ered State, the amendment made by sub- mittee on Health, Education, Labor, and nationwide the public notice described in section (a)(1) shall take effect on the date Pensions of the Senate, the Committee on this subsection (as in effect prior to such that is 2 years after the date of enactment of Education and the Workforce of the House of date) of the educational rights of homeless this Act. Representatives, and the relevant appropria- children and youths. (c) COVERED STATE.—For purposes of this tions committees of Congress, and to the ‘‘(2) DISSEMINATION.—The Secretary shall section the term ‘‘covered State’’ means a public via the Department’s website, a report disseminate the notice nationally to all Fed- State that has a statutory law that defines containing an update on the Department of eral agencies, and grant recipients, serving or describes the phrase ‘‘awaiting foster care Education’s continued implementation of homeless families or homeless children and placement’’, for purposes of a program under the recommendations— youth.’’; subtitle B of title VII of the McKinney-Vento (1) responding to the March 9, 2010, final (2) by striking subsection (d) and inserting Homeless Assistance Act (42 U.S.C. 11431 et management information report of the Office the following: seq.). of the Inspector General of the Department ‘‘(d) EVALUATION, DISSEMINATION, AND SEC. 10106. AUTHORIZATION OF APPROPRIA- of Education, which expressed concern about TECHNICAL ASSISTANCE.—The Secretary shall TIONS. findings of inadequate oversight by local conduct evaluation, dissemination, and tech- Section 726 of the McKinney-Vento Home- educational agencies and authorized public nical assistance activities for programs de- less Assistance Act (42 U.S.C. 11435) is chartering agencies to ensure Federal funds signed to meet the educational needs of amended to read as follows: are properly used and accounted for; homeless elementary and secondary school ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. (2) responding to the September 2012 report students, and may use funds appropriated ‘‘There are authorized to be appropriated of the Office of the Inspector General of the under section 726 to conduct such activi- to carry out this subtitle such sums as may Department of Education entitled ‘‘The Of- ties.’’; be necessary for each of fiscal years 2016 fice of Innovation and Improvement’s Over- (3) in subsection (f), by adding at the end through 2021.’’. sight and Monitoring of the Charter Schools the following: ‘‘The Secretary shall provide PART B—OTHER LAWS; MISCELLANEOUS Program’s Planning and Implementation support and technical assistance to State Grants Final Audit Report’’ finding that SEC. 10201. USE OF TERM ‘‘HIGHLY QUALIFIED’’ educational agencies, concerning areas in none of the 3 States whose charter schools which documented barriers to a free appro- IN OTHER LAWS. Beginning on the date of the enactment of programs that Office investigated ade- priate public education persist.’’; quately monitored the public charter schools (4) by striking subsection (g) and inserting this Act, any reference in law to the term ‘‘highly qualified’’, as defined in section 9101 that the States funded; and the following: (3) describing actions the Department of ‘‘(g) GUIDELINES.—The Secretary shall de- of the Elementary and Secondary Education Education has taken to address the concerns velop, issue, and publish in the Federal Reg- Act of 1965 (20 U.S.C. 7801), shall be treated as ister, not later than 60 days after the date of a reference to such term under section 9101 described in such memorandum and final enactment of the Every Child Achieves Act of the Elementary and Secondary Education audit report. of 2015, guidelines concerning ways in which Act of 1965 as in effect on the day before the SEC. 10204. COMPTROLLER GENERAL STUDY ON a State— date of the enactment of this Act. INCREASING EFFECTIVENESS OF EX- ‘‘(1) may assist local educational agencies ISTING SERVICES AND PROGRAMS SEC. 10202. DEPARTMENT STAFF. INTENDED TO BENEFIT CHILDREN. to implement the provisions related to The Secretary of Education shall— Not later than 2 years after the date of the homeless children and youth amended by (1) not later than 90 days after the date of enactment of this Act, the Comptroller Gen- that Act; and the enactment of this Act— eral shall provide to the Committee on ‘‘(2) may review and revise State policies (A) identify the number of Department of Health, Education, Labor, and Pensions of and procedures that may present barriers to Education employees who worked on or ad- the Senate and the Committee on Education the identification of homeless children and ministered each education program and and the Workforce of the House of Rep- youth, and the enrollment, attendance, and project authorized under the Elementary and resentatives a report that includes— success of homeless children and youths in Secondary Education Act of 1965 (20 U.S.C. (1) a description and assessment of the ex- school.’’; 6301 et seq.), as such program or project was isting federally funded services and pro- (5) in subsection (h)— in effect on the day before such enactment grams across all agencies that have a pur- (A) in the matter preceding subparagraph date, and publish such information on the pose or are intended to benefit or serve chil- (A), by striking ‘‘periodically’’ and inserting Department of Education’s website; and dren, including— ‘‘periodically but not less frequently than (B) identify the number of full-time equiv- (A) the purposes, goals, and organizational once every 2 years,’’; alent employees who work on or administer and administrative structure of such services (B) in subparagraph (A), by striking ‘‘loca- programs or projects that— and programs at the Federal, State, and tion’’ and all that follows and inserting ‘‘lo- (i) were authorized under the Elementary local level; and cation (in cases in which location can be and Secondary Education Act of 1965 (20 (B) methods of delivery and implementa- identified) of homeless children and youth, U.S.C. 6301 et seq.), as in effect on the day tion; and in all areas served by local educational agen- before such enactment date; and (2) recommendations to increase the effec- cies under this subtitle;’’; (ii) have been eliminated or consolidated tiveness, coordination, and integration of (C) in subparagraph (C), by striking ‘‘and’’ since such date; and such services and programs, across agencies at the end; (2) not later than 1 year after the date of and levels of government, in order to lever- (D) by redesignating subparagraph (D) as the enactment of this Act, prepare and sub- age existing resources and better and more subparagraph (E); and mit a report to Congress on— comprehensively serve children. (E) by inserting after subparagraph (C) the (A) the number of employees associated following: with each program or project authorized SEC. 10205. POSTHUMOUS PARDON. ‘‘(D) the academic progress being made by under the Elementary and Secondary Edu- (a) FINDINGS.—Congress finds the fol- homeless children and youth, including the cation Act of 1965 (20 U.S.C. 6301 et seq.) ad- lowing: percentage or number of homeless children ministered by the Department, (1) John Arthur ‘‘Jack’’ Johnson was a and youth participating in State assess- disaggregated by employee function with flamboyant, defiant, and controversial figure ments under section 1111(b)(2) of the Elemen- each such program or project; in the history of the United States who chal- tary and Secondary Education Act of 1965 (20 (B) the number of full-time equivalent em- lenged racial biases. U.S.C. 6311(b)(2)); and’’; and ployees who were determined to be associ- (2) Jack Johnson was born in Galveston, (6) in subsection (i), by striking ‘‘McKin- ated with eliminated or consolidated pro- Texas, in 1878 to parents who were former ney-Vento Homeless Education Assistance grams or projects under paragraph (1)(B); slaves. Improvements Act of 2001’’ and inserting and (3) Jack Johnson became a professional ‘‘Every Child Achieves Act of 2015’’. (C) how the Secretary addressed the find- boxer and traveled throughout the United SEC. 10105. DEFINITIONS. ings of paragraph (1)(B) relating to the num- States, fighting White and African-American (a) AMENDMENTS.—Section 725 of the ber of full-time equivalent employees who heavyweights. McKinney-Vento Homeless Assistance Act worked on or administered programs or (4) After being denied (on purely racial (42 U.S.C. 11434a) is amended— projects authorized under the Elementary grounds) the opportunity to fight 2 White (1) in paragraph (2)(B)(i), by striking ‘‘or and Secondary Education Act of 1965 (20 champions, in 1908, Jack Johnson was grant- are awaiting foster care placement;’’; and U.S.C. 6301 et seq.), as in effect on the day ed an opportunity by an Australian promoter (2) in paragraph (6), by striking ‘‘youth’’ before such enactment date, that have been to fight the reigning White title-holder, and inserting ‘‘homeless child or youth’’. eliminated or consolidated since such date. Tommy Burns. (b) EFFECTIVE DATE.— SEC. 10203. REPORT ON DEPARTMENT ACTIONS (5) Jack Johnson defeated Tommy Burns to (1) IN GENERAL.—In the case of a State that TO ADDRESS OFFICE OF THE IN- become the first African-American to hold is not a covered State, the amendment made SPECTOR GENERAL CHARTER the title of Heavyweight Champion of the by subsection (a)(1) shall take effect on the SCHOOL REPORTS. World. date that is 1 year after the date of enact- Not later than 6 months after the date of (6) The victory by Jack Johnson over ment of this Act. enactment of this Act, the Secretary of Edu- Tommy Burns prompted a search for a White

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TION. ‘‘(i) a description of the process the State (8) Jim Jeffries lost to Jack Johnson in (a) DEFINITIONS.—Section 3 of the Edu- educational agency will use to evaluate ap- what was deemed the ‘‘Battle of the Cen- cation Flexibility Partnership Act of 1999 (20 plications from local educational agencies, tury’’. U.S.C. 5891a) is amended— educational service agencies, or schools re- (9) The defeat of Jim Jeffries by Jack (1) in paragraph (1)— questing waivers of— Johnson led to rioting, aggression against (A) in the paragraph heading, by striking ‘‘(I) Federal statutory or regulatory re- African-Americans, and the racially-moti- ‘‘LOCAL’’ and inserting ‘‘EDUCATIONAL SERV- quirements as described in paragraph (1)(A); vated murder of African-Americans through- ICE AGENCY; LOCAL’’; and and out the United States. (B) by striking ‘‘The terms’’ and inserting ‘‘(II) State statutory or regulatory require- (10) The relationships of Jack Johnson ‘‘The terms ‘educational service agency’,’’; ments relating to education; with White women compounded the resent- and ‘‘(ii) a detailed description of the State ment felt toward him by many Whites. (2) in paragraph (2), by striking ‘‘section statutory and regulatory requirements relat- (11) Between 1901 and 1910, 754 African- 1113(a)(2)’’ and inserting ‘‘section ing to education that the State educational agency will waive; Americans were lynched, some simply for 1113(a)(1)(B)’’. ‘‘(iii) a description of clear educational ob- being ‘‘too familiar’’ with White women. (b) GENERAL PROVISIONS.—Section 4 of the jectives the State intends to meet under the (12) In 1910, Congress passed the Act of Education Flexibility Partnership Act of 1999 educational flexibility plan, which may in- June 25, 1910 (commonly known as the (20 U.S.C. 5891b) is amended to read as fol- clude innovative methods to leverage re- ‘‘White Slave Traffic Act’’ or the ‘‘Mann lows: sources to improve program efficiencies that ‘‘SEC. 4. EDUCATION FLEXIBILITY PROGRAM. Act’’) (18 U.S.C. 2421 et seq.), which outlawed benefit students; ‘‘(a) EDUCATIONAL FLEXIBILITY PROGRAM.— the transportation of women in interstate or ‘‘(iv) a description of how the educational foreign commerce ‘‘for the purpose of pros- ‘‘(1) PROGRAM AUTHORIZED.— flexibility plan is coordinated with activities titution or debauchery, or for any other im- ‘‘(A) IN GENERAL.—The Secretary may described in section 1111(b) of the Elemen- moral purpose’’. carry out an educational flexibility program tary and Secondary Education Act of 1965 (13) In October 1912, Jack Johnson became under which the Secretary authorizes a and section 1114 of such Act; involved with a White woman whose mother State educational agency that serves an eli- ‘‘(v) a description of how the State edu- disapproved of their relationship and sought gible State to waive statutory or regulatory cational agency will evaluate (consistent action from the Department of Justice, requirements applicable to one or more pro- with the requirements of title I of the Ele- claiming that Jack Johnson had abducted grams described in subsection (b), other than mentary and Secondary Education Act of her daughter. requirements described in subsection (c), for 1965), the performance of students in the (14) Jack Johnson was arrested by Federal any local educational agency, educational schools, educational service agencies, and marshals on October 18, 1912, for trans- service agency, or school within the State. local educational agencies affected by the porting the woman across State lines for an ‘‘(B) DESIGNATION.—Each eligible State waivers; and ‘‘immoral purpose’’ in violation of the Mann participating in the program described in ‘‘(vi) a description of how the State edu- Act. subparagraph (A) shall be known as an ‘Ed- cational agency will meet the requirements (15) The Mann Act charges against Jack Flex Partnership State’. of paragraph (7). Johnson were dropped when the woman re- ‘‘(2) ELIGIBLE STATE.—For the purpose of ‘‘(B) APPROVAL AND CONSIDERATIONS.— fused to cooperate with Federal authorities, this section, the term ‘eligible State’ means ‘‘(i) IN GENERAL.—By not later than 90 days and then married Jack Johnson. a State that— after the date on which a State has sub- (16) Federal authorities persisted and sum- ‘‘(A) has— mitted an application described in subpara- moned a White woman named Belle ‘‘(i) developed and implemented the chal- graph (A), the Secretary shall issue a written Schreiber, who testified that Jack Johnson lenging State academic standards, and decision that explains why such application had transported her across States lines for aligned assessments, described in paragraphs has been approved or disapproved, and the the purpose of ‘‘prostitution and debauch- (1) and (2) of section 1111(b) of the Elemen- process for revising and resubmitting the ap- ery’’. tary and Secondary Education Act of 1965, plication for reconsideration. (17) In 1913, Jack Johnson was convicted of and is producing the report cards required by ‘‘(ii) APPROVAL.—The Secretary may ap- violating the Mann Act and sentenced to 1 section 1111(d)(2) of such Act; or prove an application described in subpara- year and 1 day in Federal prison. ‘‘(ii) if the State has adopted new chal- graph (A) only if the Secretary determines (18) Jack Johnson fled the United States to lenging State academic standards under sec- that such application demonstrates substan- Canada and various European and South tion 1111(b)(1) of the Elementary and Sec- tial promise of assisting the State edu- American countries. ondary Education Act of 1965, as a result of cational agency and affected local edu- (19) Jack Johnson lost the Heavyweight the amendments made to such Act by the cational agencies, educational service agen- Championship title to Jess Willard in Cuba Every Child Achieves Act of 2015, and has cies, and schools within the State in car- in 1915. made substantial progress (as determined by rying out comprehensive educational reform, (20) Jack Johnson returned to the United the Secretary) toward developing and imple- after considering— States in July 1920, surrendered to authori- menting such standards and toward pro- ‘‘(I) the eligibility of the State as described ties, and served nearly a year in the Federal ducing the report cards required under sec- in paragraph (2); penitentiary at Leavenworth, Kansas. tion 1111(d)(2) of such Act; ‘‘(II) the comprehensiveness and quality of (21) Jack Johnson subsequently fought in ‘‘(B) will hold local educational agencies, the educational flexibility plan described in boxing matches, but never regained the educational service agencies, and schools ac- subparagraph (A); Heavyweight Championship title. countable for meeting the educational goals ‘‘(III) the ability of the educational flexi- (22) Jack Johnson served the United States described in the local applications submitted bility plan to ensure accountability for the during World War II by encouraging citizens under paragraph (4) and for engaging in tech- activities and goals described in such plan; to buy war bonds and participating in exhi- nical assistance and, as applicable and ap- ‘‘(IV) the degree to which the State’s ob- bition boxing matches to promote the war propriate, intervention and support strate- jectives described in subparagraph (A)(iii)— bond cause. gies consistent with section 1114 of the Ele- ‘‘(aa) are clear and have the ability to be (23) Jack Johnson died in an automobile mentary and Secondary Education Act of assessed; and accident in 1946. 1965, for the schools that are identified as in ‘‘(bb) take into account the performance of (24) In 1954, Jack Johnson was inducted need of intervention and support as described local educational agencies, educational serv- into the Boxing Hall of Fame. in section 1111(b)(3) of such Act; and ice agencies, or schools, and students, par- (25) Senate Concurrent Resolution 29, 111th ‘‘(C) waives State statutory or regulatory ticularly those affected by waivers; Congress, agreed to July 29, 2009, expressed requirements relating to education while ‘‘(V) the significance of the State statu- the sense of the 111th Congress that Jack holding local educational agencies, edu- tory or regulatory requirements relating to Johnson should receive a posthumous pardon cational service agencies, or schools within education that will be waived; and for his racially-motivated 1913 conviction. the State that are affected by such waivers ‘‘(VI) the quality of the State educational accountable for the performance of the stu- agency’s process for approving applications (b) RECOMMENDATIONS.—It remains the dents who are affected by such waivers. for waivers of Federal statutory or regu- sense of Congress that Jack Johnson should ‘‘(3) STATE APPLICATION.— latory requirements as described in para- receive a posthumous pardon— ‘‘(A) IN GENERAL.—Each State educational graph (1)(A) and for monitoring and evalu- (1) to expunge a racially-motivated abuse agency desiring to participate in the edu- ating the results of such waivers. of the prosecutorial authority of the Federal cational flexibility program under this sec- ‘‘(4) LOCAL APPLICATION.— Government from the annals of criminal jus- tion shall submit an application to the Sec- ‘‘(A) IN GENERAL.—Each local educational tice in the United States; and retary at such time, in such manner, and agency, educational service agency, or

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00246 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.043 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5425 school requesting a waiver of a Federal stat- ‘‘(iii) student achievement in the local edu- educational service agencies, or schools to utory or regulatory requirement as described cational agency, educational service agency, carry out their State or local reform plans in paragraph (1)(A) and any relevant State or school has decreased; or and to continue to meet the accountability statutory or regulatory requirement from a ‘‘(iv) goals established by the State under requirement described in paragraph (2)(C); State educational agency shall submit an ap- section 1111(b)(3) of the Elementary and Sec- and plication to the State educational agency at ondary Education Act of 1965 have not been ‘‘(II) has improved student performance. such time, in such manner, and containing met. ‘‘(B) PERFORMANCE REVIEW.— such information as the State educational ‘‘(5) OVERSIGHT AND REPORTING.— ‘‘(i) IN GENERAL.—Following the expiration agency may reasonably require. Each such ‘‘(A) OVERSIGHT.—Each State educational of an approved educational flexibility pro- application shall— agency participating in the educational gram for a State that is designated an Ed- ‘‘(i) indicate each Federal program affected flexibility program under this section shall Flex Partnership State, the Secretary shall and each statutory or regulatory require- annually monitor the activities of local edu- have not more than 180 days to complete a ment that will be waived; cational agencies, educational service agen- review of the performance of the State edu- ‘‘(ii) describe the purposes and overall ex- cies, and schools receiving waivers under cational agency in granting waivers of Fed- pected results of waiving each such require- this section. eral statutory or regulatory requirements as ment, which may include innovative meth- ‘‘(B) STATE REPORTS.— described in paragraph (1)(A) to determine if ods to leverage resources to improve pro- ‘‘(i) ANNUAL REPORTS.—The State edu- the State educational agency— gram efficiencies that benefit students; cational agency shall submit to the Sec- ‘‘(I) has achieved, or is making substantial retary an annual report on the results of ‘‘(iii) describe, for each school year, spe- progress towards achieving, the objectives such oversight and the impact of the waivers cific, measurable, educational goals for each described in the application submitted pur- on school and student performance. local educational agency, educational serv- suant to paragraph (3)(A)(iii) and the specific ‘‘(ii) PERFORMANCE DATA.—Not later than 2 ice agency, or school affected by the pro- goals established in section 1111(b)(3) of the years after the date a State is designated an posed waiver, and for the students served by Elementary and Secondary Education Act of Ed-Flex Partnership State, each such State the local educational agency, educational 1965; and shall include, as part of the State’s annual service agency, or school who are affected by report submitted under clause (i), data dem- ‘‘(II) demonstrates that local educational the waiver; onstrating the degree to which progress has agencies, educational service agencies, or ‘‘(iv) explain why the waiver will assist the been made toward meeting the State’s edu- schools affected by the waiver authority or local educational agency, educational serv- cational objectives. The data, when applica- waivers have achieved, or are making ice agency, or school in reaching such goals; ble, shall include— progress toward achieving, the desired re- and ‘‘(I) information on the total number of sults described in the application submitted ‘‘(v) in the case of an application from a waivers granted for Federal and State statu- pursuant to paragraph (4)(A)(iii). local educational agency or educational tory and regulatory requirements under this ‘‘(ii) TERMINATION OF AUTHORITY.—The Sec- service agency, describe how the agency will section, including the number of waivers retary shall terminate the authority of a meet the requirements of paragraph (7). granted for each type of waiver; State educational agency to grant waivers of ‘‘(B) EVALUATION OF APPLICATIONS.—A ‘‘(II) information describing the effect of Federal statutory or regulatory require- State educational agency shall evaluate an the waivers on the implementation of State ments as described in paragraph (1)(A) if the application submitted under subparagraph and local educational reforms pertaining to Secretary determines, after providing the (A) in accordance with the State’s edu- school and student performance; State educational agency with notice and an cational flexibility plan described in para- ‘‘(III) information describing the relation- opportunity for a hearing, that such agency’s graph (3)(A). ship of the waivers to the performance of performance has been inadequate to justify ‘‘(C) APPROVAL.—A State educational agen- schools and students affected by the waivers; continuation of such authority based on cy shall not approve an application for a and agency’s performance against specific goals waiver under this paragraph unless— ‘‘(IV) an assurance from State program in section 1111(b)(3) of the Elementary and ‘‘(i) the local educational agency, edu- managers that the data reported under this Secondary Education Act of 1965. cational service agency, or school requesting section are reliable, complete, and accurate, ‘‘(C) RENEWAL.— such waiver has developed a local reform as defined by the State, or a description of a ‘‘(i) IN GENERAL.—Each State educational plan that— plan for improving the reliability, complete- agency desiring to renew an approved edu- ‘‘(I) is applicable to such agency or school, ness, and accuracy of such data as defined by cational flexibility program under this sec- respectively; and the State. tion shall submit a request for renewal to ‘‘(II) may include innovative methods to ‘‘(C) SECRETARY’S REPORTS.—The Secretary the Secretary not later than the date of expi- leverage resources to improve program effi- shall annually— ration of the approved educational flexibility ciencies that benefit students; ‘‘(i) make each State report submitted program. ‘‘(ii) the waiver of Federal statutory or under subparagraph (B) available to Congress ‘‘(ii) TIMING FOR RENEWAL.—The Secretary regulatory requirements as described in and the public; and shall either approve or deny the request for paragraph (1)(A) will assist the local edu- ‘‘(ii) submit to Congress a report that sum- renewal by not later than 90 days after com- cational agency, educational service agency, marizes the State reports and describes the pleting the performance review of the State or school in reaching its educational goals, effects that the educational flexibility pro- described in paragraph (6)(B). particularly goals with respect to school and gram under this section had on the imple- ‘‘(iii) DETERMINATION.—In deciding whether student performance; and mentation of State and local educational re- to extend a request of a State educational ‘‘(iii) the State educational agency is satis- forms and on the performance of students af- agency for the authority to issue waivers fied that the underlying purposes of the stat- fected by the waivers. under this section, the Secretary shall re- utory requirements of each program for ‘‘(6) DURATION OF FEDERAL WAIVERS.— view the progress of the State educational which a waiver is granted will continue to be ‘‘(A) IN GENERAL.— agency to determine if the State educational met. ‘‘(i) DURATION.—The Secretary shall ap- agency— ‘‘(D) TERMINATION.—The State educational prove the application of a State educational ‘‘(I) has made progress toward achieving agency shall annually review the perform- agency under paragraph (3) for a period of the objectives described in the State applica- ance of any local educational agency, edu- not more than 5 years. tion submitted pursuant to paragraph cational service agency, or school granted a ‘‘(ii) AUTOMATIC EXTENSION DURING RE- (3)(A)(iii); and waiver of Federal statutory or regulatory re- VIEW.—The Secretary shall automatically ‘‘(II) demonstrates in the request that quirements as described in paragraph (1)(A) extend the authority of a State to continue local educational agencies, educational serv- in accordance with the evaluation require- as an Ed-Flex Partnership State until the ice agencies, or schools affected by the waiv- ment described in paragraph (3)(A)(v), and Secretary has— er authority or waivers have made progress shall terminate or temporarily suspend any ‘‘(I) completed the performance review of toward achieving the desired results de- waiver granted to the local educational the State educational agency’s education scribed in the local application submitted agency, educational service agency, or flexibility plan as described in subparagraph pursuant to paragraph (4)(A)(iii). school if the State educational agency deter- (B); and ‘‘(D) TERMINATION.— mines, after notice and an opportunity for a ‘‘(II) issued a final decision of any pending ‘‘(i) IN GENERAL.—The Secretary shall ter- hearing, that— request for renewal that was submitted by minate or temporarily suspend the authority ‘‘(i) there is compelling evidence of sys- the State educational agency. of a State educational agency to grant waiv- tematic waste, fraud, or abuse; ‘‘(iii) EXTENSION OF APPROVAL.—The Sec- ers under this section if the Secretary deter- ‘‘(ii) the performance of the local edu- retary may extend the authority of a State mines that— cational agency, educational service agency, to continue as an Ed-Flex Partnership State ‘‘(I) there is compelling evidence of sys- or school with respect to meeting the ac- if the Secretary determines that the author- tematic waste, fraud or abuse; or countability requirement described in para- ity of the State educational agency to grant ‘‘(II) after notice and an opportunity for a graph (2)(C) and the goals described in para- waivers— hearing, such agency’s performance (includ- graph (4)(A)(iii) has been inadequate to jus- ‘‘(I) has been effective in enabling such ing performance with respect to meeting the tify continuation of such waiver; State or affected local educational agencies, objectives described in paragraph (3)(A)(iii))

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00247 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.043 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5426 CONGRESSIONAL RECORD — SENATE July 21, 2015 has been inadequate to justify continuation attend such school is not less than 10 per- (B) The assets of the trust will be invested of such authority. centage points below the lowest percentage in accordance with the direction of the indi- ‘‘(ii) LIMITED COMPLIANCE PERIOD.—A State of such children for any school attendance vidual or of a parent or guardian of the indi- whose authority to grant such waivers has area or school of the local educational agen- vidual, after consultation with the entity been terminated shall have not more than 1 cy that meets the requirements of such para- providing the initial contribution to the additional fiscal year to come into compli- graphs (1) and (2); trust or, if applicable, a matching or other ance in order to seek renewal of the author- ‘‘(H) use of Federal funds to supplement, contribution for the individual. ity to grant waivers under this section. not supplant, non-Federal funds; and (C) The assets of the trust will not be com- ‘‘(7) PUBLIC NOTICE AND COMMENT.—Each ‘‘(I) applicable civil rights requirements; mingled with other property except in a State educational agency seeking waiver au- and common trust fund or common investment thority under this section and each local ‘‘(2) unless the State educational agency fund. educational agency, educational service can demonstrate that the underlying pur- (D) Any amount in the trust that is attrib- agency, or school seeking a waiver under poses of the statutory requirements of the utable to an account seed or matched deposit this section— program for which a waiver is granted con- may be paid or distributed from the trust ‘‘(A) shall provide the public with adequate tinue to be met to the satisfaction of the only for the purpose of paying qualified ex- and efficient notice of the proposed waiver Secretary. penses of the individual. authority or waiver, consisting of a descrip- ‘‘(d) TREATMENT OF EXISTING ED-FLEX (5) DUAL OR CONCURRENT ENROLLMENT PRO- tion of the agency’s application for the pro- PARTNERSHIP STATES.— GRAM.—The term ‘‘dual or concurrent enroll- posed waiver authority or waiver on each ‘‘(1) IN GENERAL.—Any designation of a ment program’’ means a program of study— agency’s website, including a description of State as an Ed-Flex Partnership State that (A) provided by an institution of higher any improved student performance that is was in effect on the date of enactment of this education through which a student who has expected to result from the waiver authority Act shall be immediately extended for a pe- not graduated from high school with a reg- or waiver; riod of not more than 5 years, if the Sec- ular high school diploma (as defined in sec- ‘‘(B) shall provide the opportunity for par- retary makes the determination described in tion 200.19(b)(1)(iv) of title 34, Code of Fed- ents, educators, school administrators, and paragraph (2). eral Regulations, as such section was in ef- all other interested members of the commu- ‘‘(2) DETERMINATION.—The determination fect on November 28, 2008) is able to earn nity to comment regarding the proposed referred to in paragraph (1) is a determina- postsecondary credit; and waiver authority or waiver; tion that the performance of the State edu- (B) that shall consist of not less than 2 ‘‘(C) shall provide the opportunity de- cational agency, in carrying out the pro- postsecondary credit-bearing courses and scribed in subparagraph (B) in accordance grams for which the State has received a support and academic services that help a with any applicable State law specifying how waiver under the educational flexibility pro- student persist and complete such courses. the comments may be received, and how the gram, justifies the extension of the designa- (6) EARLY COLLEGE HIGH SCHOOL PROGRAM.— comments may be reviewed by any member tion. The term ‘‘early college high school pro- of the public; and ‘‘(e) PUBLICATION.—A notice of the Sec- gram’’ means a formal partnership between ‘‘(D) shall submit the comments received retary’s decision to authorize State edu- at least 1 local educational agency and at with the application of the agency or school cational agencies to issue waivers under this least 1 institution of higher education that to the Secretary or the State educational section, including a description of the ra- allows participants, who are primarily low- agency, as appropriate. tionale the Secretary used to approve appli- income students, to simultaneously com- ‘‘(b) INCLUDED PROGRAMS.—The statutory cations under subsection (a)(3)(B), shall be plete requirements toward earning a regular or regulatory requirements referred to in published in the Federal Register and the high school diploma (as defined in section subsection (a)(1)(A) are any such require- Secretary shall provide for the dissemina- 200.19(b)(1)(iv) of title 34, Code of Federal ments for programs that are authorized tion of such notice to State educational Regulations, as such section was in effect on under the following provisions and under agencies, interested parties (including edu- November 28, 2008) and earn not less than 12 which the Secretary provides funds to State cators, parents, students, and advocacy and transferable credits as part of an organized educational agencies on the basis of a for- civil rights organizations), and the public.’’. course of study toward a postsecondary de- mula: gree or credential. PART C—AMERICAN DREAM ACCOUNTS ‘‘(1) The following provisions of the Ele- (7) ELIGIBLE ENTITY.—The term ‘‘eligible mentary and Secondary Education Act of SEC. 10301. SHORT TITLE. entity’’ means— 1965: This part may be cited as the ‘‘American (A) a State educational agency; ‘‘(A) Part A of title I (other than sections Dream Accounts Act’’. (B) a local educational agency, including a 1111 and 1114). SEC. 10302. DEFINITIONS. charter school that operates as its own local ‘‘(B) Part C of title I. In this part: educational agency; ‘‘(C) Part D of title I. (1) AMERICAN DREAM ACCOUNT.—The term (C) a charter management organization or ‘‘(D) Part A of title II. ‘‘American Dream Account’’ means a per- charter school authorizer; ‘‘(E) Part G of title V. sonal online account for low-income students (D) an institution of higher education or a ‘‘(2) Title VII of the McKinney-Vento that monitors higher education readiness Tribal College or University; Homeless Assistance Act. (42 U.S.C. 11301 et and includes a college savings account. (E) a nonprofit organization; seq.). (2) APPROPRIATE COMMITTEES OF CON- (F) an entity with demonstrated experi- ‘‘(3) The Carl D. Perkins Career and Tech- GRESS.—The term ‘‘appropriate committees ence in educational savings or in assisting nical Education Act of 2006 (20 U.S.C. 2301 et of Congress’’ means the Committee on low-income students to prepare for, and at- seq.). Health, Education, Labor, and Pensions, the tend, an institution of higher education; ‘‘(c) WAIVERS NOT AUTHORIZED.—The Sec- Committee on Appropriations, and the Com- (G) a consortium of 2 or more of the enti- retary and the State educational agency mittee on Finance of the Senate, and the ties described in subparagraphs (A) through may not waive under subsection (a)(1)(A) any Committee on Education and the Workforce, (F); or statutory or regulatory requirement— the Committee on Appropriations, and the (H) a consortium of 1 or more of the enti- ‘‘(1) relating to— Committee on Ways and Means of the House ties described in subparagraphs (A) through ‘‘(A) maintenance of effort; of Representatives, as well as any other (F) and a public school, a charter school, a ‘‘(B) comparability of services; Committee of the Senate or House of Rep- school operated by the Bureau of Indian Af- ‘‘(C) equitable participation of students resentatives that the Secretary determines fairs, or a tribally controlled school. and professional staff in private schools; appropriate. (8) INSTITUTION OF HIGHER EDUCATION.—The ‘‘(D) parental participation and involve- (3) CHARTER SCHOOL.—The term ‘‘charter term ‘‘institution of higher education’’ has ment; school’’ has the meaning given such term in the meaning given such term in section ‘‘(E) distribution of funds to States or to section 5110 of the Elementary and Sec- 101(a) of the Higher Education Act of 1965 (20 local educational agencies; ondary Education Act of 1965 (20 U.S.C. U.S.C. 1001(a)). ‘‘(F) serving eligible school attendance 7221i). (9) LOCAL EDUCATIONAL AGENCY.—The term areas in rank order under section (4) COLLEGE SAVINGS ACCOUNT.—The term ‘‘local educational agency’’ has the meaning 1113(a)(1)(C) of the Elementary and Sec- ‘‘college savings account’’ means a trust cre- given such term in section 9101 of the Ele- ondary Education Act of 1965; ated or organized exclusively for the purpose mentary and Secondary Education Act of ‘‘(G) the selection of a school attendance of paying the qualified expenses of only an 1965 (20 U.S.C. 7801). area or school under paragraphs (1) and (2) of individual who, when the trust is created or (10) LOW-INCOME STUDENT.—The term ‘‘low- section 1113(a) of the Elementary and Sec- organized, has not obtained 18 years of age, income student’’ means a student who is eli- ondary Education Act of 1965, except that a if the written governing instrument creating gible to receive a free or reduced price lunch State educational agency may grant a waiv- the trust contains the following require- under the Richard B. Russell National er to allow a school attendance area or ments: School Lunch Act (42 U.S.C. 1751 et seq.). school to participate in activities under part (A) The trustee is a Federally insured fi- (11) PARENT.—The term ‘‘parent’’ has the A of title I of such Act if the percentage of nancial institution, or a State insured finan- meaning given such term in section 9101 of children from low-income families in the cial institution if a Federally insured finan- the Elementary and Secondary Education school attendance area of such school or who cial institution is not available. Act of 1965 (20 U.S.C. 7801).

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(12) QUALIFIED EXPENSES.—The term (5) A demonstration that the eligible enti- to participate in a dual or concurrent enroll- ‘‘qualified expenses’’ means, with respect to ty has sufficient resources to provide an ini- ment program or early college high school an individual, expenses that— tial deposit into the college savings account program at no cost to the student or the stu- (A) are incurred after the individual re- portion of each American Dream Account. dent’s family; or ceives a secondary school diploma or its rec- (6) A description of how the eligible entity (4) as of the time of application, have been ognized equivalent; and will help increase the value of the college awarded a grant under chapter 2 of subpart 2 (B) are associated with attending an insti- savings account portion of each American of part A of title IV of the Higher Education tution of higher education, including— Dream Account, such as by providing match- Act of 1965 (20 U.S.C. 1070a–21 et seq.) (com- (i) tuition and fees; ing funds or incentives for academic achieve- monly referred to as the ‘‘GEAR UP pro- (ii) room and board; ment. gram’’). (iii) textbooks; (7) A description of how the eligible entity SEC. 10305. AUTHORIZED ACTIVITIES. will notify each participating student in the (iv) supplies and equipment; and (a) IN GENERAL.—An eligible entity that re- (v) Internet access. group described in paragraph (1), on a semi- ceives a grant under this part shall use such (13) SECRETARY.—The term ‘‘Secretary’’ annual basis, of the current balance and sta- grant funds to establish an American Dream means the Secretary of Education. tus of the college savings account portion of Account for each participating student de- (14) STATE EDUCATIONAL AGENCY.—The term the American Dream Account of the student. scribed in section 10304(b)(1), that will be (8) A plan that describes how the eligible ‘‘State educational agency’’ has the meaning used to— entity will monitor participating students in given such term in section 9101 of the Ele- (1) open a college savings account for such the group described in paragraph (1) to en- mentary and Secondary Education Act of student; sure that the American Dream Account of 1965 (20 U.S.C. 7801). (2) monitor the progress of such student each student will be maintained if a student (15) TRIBAL COLLEGE OR UNIVERSITY.—The online, which— in such group changes schools before grad- term ‘‘Tribal College or University’’ has the (A) shall include monitoring student data uating from secondary school. meaning given such term in section 316(b) of relating to— (9) A plan that describes how the American the Higher Education Act of 1965 (20 U.S.C. (i) grades and course selections; Dream Accounts will be managed for not less 1059c(b)). (ii) progress reports; and (16) TRIBALLY CONTROLLED SCHOOL.—The than 1 year after a majority of the students in the group described in paragraph (1) grad- (iii) attendance and disciplinary records; term ‘‘tribally controlled school’’ has the and meaning given such term in section 5212 of uate from secondary school. (10) A description of how the eligible entity (B) may also include monitoring student the Tribally Controlled Schools Act of 1988 data relating to a broad range of informa- (25 U.S.C. 2511). will encourage students in the group de- scribed in paragraph (1) who fail to graduate tion, provided by teachers and family mem- SEC. 10303. GRANT PROGRAM. from secondary school to continue their edu- bers, related to postsecondary education (a) PROGRAM AUTHORIZED.—The Secretary cation. readiness, access, and completion; shall establish a pilot program and award 10 (11) A description of how the eligible entity (3) provide opportunities for such students, grants to eligible entities to enable such eli- will evaluate the grant program, including either online or in person, to learn about fi- gible entities to establish and administer by collecting, as applicable, the following nancial literacy, including by— American Dream Accounts for a group of data about the students in the group de- (A) assisting such students in financial low-income students. scribed in paragraph (1) during the grant pe- planning for enrollment in an institution of (b) RESERVATION.—From the amounts ap- riod, or until the time of graduation from a higher education; propriated each fiscal year to carry out this secondary school, whichever comes first, (B) assisting such students in identifying part, the Secretary shall reserve not more and, if sufficient grant funds are available, and applying for financial aid (such as loans, than 5 percent of such amount to carry out after the grant period: grants, and scholarships) for an institution the evaluation activities described in section (A) Attendance rates. of higher education; and 10306. (B) Progress reports. (C) enhancing student understanding of (c) DURATION.—A grant awarded under this (C) Grades and course selections. consumer, economic, and personal finance part shall be for a period of not more than 3 (D) The student graduation rate, as defined concepts; years. The Secretary may extend such grant as the percentage of students who graduate (4) provide opportunities for such students, for an additional 2-year period if the Sec- from secondary school with a regular di- either online or in person, to learn about retary determines that the eligible entity ploma in the standard number of years. preparing for enrollment in an institution of has demonstrated significant progress, based (E) Rates of student completion of the Free higher education, including by providing in- on the factors described in section Application for Federal Student Aid de- struction to students about— 10304(b)(11). scribed in section 483 of the Higher Edu- (A) choosing the appropriate courses to SEC. 10304. APPLICATIONS; PRIORITY. cation Act of 1965 (20 U.S.C. 1090). prepare for postsecondary education; (a) IN GENERAL.—Each eligible entity de- (F) Rates of enrollment in an institution of (B) applying to an institution of higher siring a grant under this part shall submit higher education. education; an application to the Secretary at such time, (G) Rates of completion at an institution (C) building a student portfolio, which may in such manner, and containing such infor- of higher education. be used when applying to an institution of mation as the Secretary may require. (12) A description of what will happen to higher education; (b) CONTENTS.—At a minimum, the applica- the funds in the college savings account por- (D) selecting an institution of higher edu- tion described in subsection (a) shall include tion of the American Dream Accounts that cation; the following: are dedicated to participating students de- (E) choosing a major for the student’s post- (1) A description of the characteristics of a scribed in paragraph (1) who have not ma- secondary program of education or a career group of not less than 30 low-income public triculated at an institution of higher edu- path; and school students who— cation at the time of the conclusion of the (F) adapting to life at an institution of (A) are, at the time of the application, at- period of American Dream Account manage- higher education; and tending a grade not higher than grade 9; and ment described in paragraph (9), including (5) provide opportunities for such students, (B) will, under the grant, receive an Amer- how the eligible entity will give students either online or in person, to identify skills ican Dream Account. this information. or interests, including career interests. (2) A description of how the eligible entity (13) A description of how the eligible entity (b) ACCESS TO AMERICAN DREAM ACCOUNT.— will engage, and provide support (such as tu- will ensure that participating students de- (1) IN GENERAL.—Subject to paragraphs (3) toring and mentoring for students, and scribed in paragraph (1) will have access to and (4), and in accordance with applicable training for teachers and other stakeholders) the Internet. Federal laws and regulations relating to pri- either online or in person, to— (14) A description of how the eligible entity vacy of information and the privacy of chil- (A) the students in the group described in will take into consideration how funds in the dren, an eligible entity that receives a grant paragraph (1); college savings account portion of American under this part shall allow vested stake- (B) the family members and teachers of Dream Accounts will affect participating holders, as described in paragraph (2), to such students; and families’ eligibility for public assistance. have secure access, through an Internet (C) other stakeholders such as school ad- (c) PRIORITY.—In awarding grants under website, to an American Dream Account. ministrators and school counselors. this part, the Secretary shall give priority to (2) VESTED STAKEHOLDERS.—The vested (3) An identification of partners who will applications from eligible entities that— stakeholders that an eligible entity shall assist the eligible entity in establishing and (1) are described in subparagraph (G) or (H) permit to access an American Dream Ac- sustaining American Dream Accounts. of section 10302(7); count are individuals (such as the student’s (4) A description of what experience the el- (2) serve the largest number of low-income teachers, school counselors, school adminis- igible entity or the partners of the eligible students; trators, or other individuals) that are des- entity have in managing college savings ac- (3) in the case of an eligible entity de- ignated, in accordance with section 444 of the counts, preparing low-income students for scribed in subparagraph (A) or (B) of section General Education Provisions Act (20 U.S.C. postsecondary education, managing online 10302(7), provide opportunities for partici- 1232g, commonly known as the ‘‘Family Edu- systems, and teaching financial literacy. pating students described in subsection (b)(1) cational Rights and Privacy Act of 1974’’), by

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00249 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.043 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE S5428 CONGRESSIONAL RECORD — SENATE July 21, 2015 the parent of a participating student in (7) provide recommendations for expanding (3) includes a brief description of how the whose name such American Dream Account the American Dream Accounts program. consortium meets the eligibility qualifica- is held, as having permission to access the SEC. 10307. ELIGIBILITY TO RECEIVE FEDERAL tions under subsection (c); account. A student’s parent may withdraw STUDENT FINANCIAL AID. (4) describes the work proposed to carry such designation from an individual at any Notwithstanding any other provision of out the purpose of this section; and time. law, any funds that are in the college savings (5) provides other information as requested (3) EXCEPTION FOR COLLEGE SAVINGS AC- account portion of a student’s American by the Secretary of Education. COUNT.—An eligible entity that receives a Dream Account shall not affect such stu- (e) SCOPE OF STUDY.—An eligible entity grant under this part shall not be required to dent’s eligibility to receive Federal student that receives a grant under this section shall give vested stakeholders, as described in financial aid, including any Federal student paragraph (2), access to the college savings financial aid under the Higher Education Act use the grant funds to study and review Na- account portion of a student’s American of 1965 (20 U.S.C. 1001 et seq.), and shall not tive American language medium schools and Dream Account. be considered in determining the amount of programs and evaluate the components, poli- (4) ADULT STUDENTS.—Notwithstanding any such Federal student aid. cies, and practices of successful Native lan- paragraphs (1), (2), and (3), if a participating SEC. 10308. AUTHORIZATION OF APPROPRIA- guage medium schools and programs and student is age 18 or older, an eligible entity TIONS. how the students who enroll in them do over that receives a grant under this part shall There are authorized to be appropriated to the long term, including— not provide access to such participating stu- carry out this part such sums as may be nec- (1) the level of expertise in educational dent’s American Dream Account without the essary for fiscal year 2016 and each of the 4 pedagogy, Native language fluency, and ex- student’s consent, in accordance with sec- succeeding fiscal years. perience of the principal, teachers, para- tion 444 of the General Education Provisions SEC. 10309. REPORT ON THE REDUCTION OF THE professionals, and other educational staff; Act (20 U.S.C. 1232g, commonly known as the NUMBER AND PERCENTAGE OF STU- (2) how such schools and programs are ‘‘Family Educational Rights and Privacy DENTS WHO DROP OUT OF SCHOOL. using Native languages to provide instruc- Act of 1974’’). Not later than 5 years after the date of en- tion in reading, language arts, mathematics, (5) INPUT OF STUDENT INFORMATION.—Stu- actment of this Act, the Director of the In- science, and, as applicable, other core aca- dent data collected pursuant to subsection stitute of Education Sciences shall evaluate (a)(2)(A) shall be entered into an American demic subjects; the impact of section 1111(c)(1)(M) on reduc- (3) how such school and programs’ cur- Dream Account only by a school adminis- ing the number and percentage of students ricula incorporates the relevant Native cul- trator or the designee of such administrator. who drop out of school. (c) PROHIBITION ON USE OF STUDENT INFOR- ture of the students; SEC. 10310. REPORT ON NATIVE AMERICAN LAN- (4) how such schools and programs assess MATION.—An eligible entity that receives a GUAGE MEDIUM EDUCATION. the academic proficiency of the students, in- grant under this part shall not use any stu- (a) PURPOSE.—The purpose of this section cluding— dent-level information or data for the pur- is to authorize a study to evaluate all levels (A) whether the school administers assess- pose of soliciting, advertising, or marketing of education being provided primarily ments of language arts, mathematics, any financial or non-financial consumer through the medium of Native languages and science, and other academic subjects in the product or service that is offered by such eli- to require a report of the findings, within the Native language of instruction; gible entity, or on behalf of any other per- context of the findings, purposes, and provi- son. sions of the Native American Languages Act (B) whether the school administers assess- (d) PROHIBITION ON THE USE OF GRANT (25 U.S.C. 2901), the findings, purposes, and ments of language arts, mathematics, FUNDS.—An eligible entity shall not use provisions of the Elementary and Secondary science, and other academic subjects in grant funds provided under this part to pro- Education Act of 1965 (20 U.S.C. 6301 et seq.), English; and vide any deposits into a college savings ac- and other related laws. (C) how the standards measured by the as- count portion of a student’s American (b) STUDY AND REVIEW.—The Secretary of sessments in the Native language of instruc- Dream Account. Education shall award grants to eligible en- tion and in English compare; SEC. 10306. REPORTS AND EVALUATIONS. tities to study and review Native language (5) the academic, graduation rate, and (a) IN GENERAL.—Not later than 1 year medium schools and programs. other outcomes of students who have com- after the Secretary has disbursed grants (c) ELIGIBLE ENTITY DEFINED.—In this sec- pleted the highest grade taught primarily under this part, and annually thereafter tion, the term ‘‘eligible entity’’ means a con- through such schools or programs, including, until each grant disbursed under this part sortium that— when available, college attendance rates has ended, the Secretary shall prepare and (1) includes not less than 3 units of an in- compared with demographically similar stu- submit a report to the appropriate commit- stitution of higher education, such as a de- dents who did not attend a school in which tees of Congress, which shall include an eval- partment, center, or college, that has signifi- the language of instruction was a Native lan- uation of the effectiveness of the grant pro- cant experience— guage; and gram established under this part. (A) and expertise in Native American or (6) other appropriate information con- (b) CONTENTS.—The report described in sub- Alaska Native languages, and Native lan- sistent with the purpose of this section. section (a) shall— guage medium education; and (f) OTHER ENTITIES.—An eligible entity (1) list the grants that have been awarded (B) in outreach and collaboration with Na- may enter into a contract with another indi- under section 10303(a); tive communities; (2) include the number of students who (2) has within its membership at least 10 vidual, entity, or organization to assist in have an American Dream Account estab- years of experience— carrying out research necessary to fulfill the lished through a grant awarded under sec- (A) addressing a range of Native American purpose of this section. tion 10303(a); or Alaska Native languages and indigenous (g) RECOMMENDATIONS.—Not later than 18 (3) provide data (including the interest ac- language medium education issues through months after the date of enactment of this crued on college savings accounts that are the lens of Native studies, linguistics, and Act, an eligible entity that receives a grant part of an American Dream Account) in the education; and under this section shall— aggregate, regarding students who have an (B) working in close association with a va- (1) develop a detailed statement of findings American Dream Account established riety of schools and programs taught pre- through a grant awarded under section dominantly through the medium of a Native and conclusions regarding the study com- 10303(a), as compared to similarly situated language; pleted under subsection (e), including rec- students who do not have an American (3) includes for each of American Indians, ommendations for such legislative and ad- Dream Account; Alaska Natives, and Native Hawaiians, at ministrative actions as the eligible entity (4) identify best practices developed by the least 1 unit of an institution of higher edu- considers to be appropriate; and eligible entities receiving grants under this cation that focuses on schools that serve (2) submit a report setting forth the find- part; such populations; and ings and conclusions, including recommenda- (5) identify any issues related to student (4) includes Native American scholars and tions, described in paragraph (1) to each of privacy and stakeholder accessibility to staff who are fluent in Native American lan- the following: American Dream Accounts; guages. (A) The Committee on Health, Education, (6) provide feedback from participating (d) APPLICATIONS.—An eligible entity that Labor, and Pensions of the Senate. students and the parents of such students desires to receive a grant under this section (B) The Committee on Education and the about the grant program, including— shall submit an application to the Secretary Workforce of the House of Representatives. (A) the impact of the program; of Education that— (C) The Committee on Indian Affairs of the (B) aspects of the program that are suc- (1) identifies 1 unit in the consortium that Senate. cessful; is the lead unit of the consortium for the (D) The Subcommittee on Indian, Insular, (C) aspects of the program that are not study, reporting, and funding purposes; and Alaska Native Affairs of the House of successful; and (2) includes letters of verification of par- Representatives. (D) any other data required by the Sec- ticipation from the top internal administra- (E) The Secretary of Education. retary; and tors of each unit in the consortium; (F) The Secretary of the Interior.

VerDate Sep 11 2014 12:07 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00250 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.043 S21JYPT1 emcdonald on DSK67QTVN1PROD with SENATE July 21, 2015 CONGRESSIONAL RECORD — SENATE S5429 CONDEMNING THE ATTACKS OF adjourn until 10 a.m., Wednesday, July To be major general JULY 16, 2015, IN CHATTANOOGA, 22; that following the prayer and BRIG. GEN. THERON G. DAVIS TENNESSEE, AND HONORING THE pledge, the morning hour be deemed IN THE ARMY MEMBERS OF THE ARMED expired, the Journal of proceedings be approved to date, and the time for the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FORCES WHO LOST THEIR LIVES IN THE TO THE GRADE INDICATED two leaders be reserved for their use Mr. MCCONNELL. Mr. President, I WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ask unanimous consent that the Sen- later in the day; that following leader ate proceed to the consideration of S. remarks, the Senate be in a period of To be lieutenant general morning business, with Senators per- Res. 227, which was submitted earlier MAJ. GEN. JOHN M. MURRAY mitted to speak therein for up to 10 today. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT minutes each; lastly, that the majority IN THE UNITED STATES ARMY TO THE GRADE INDICATED The PRESIDING OFFICER. The control the first hour and the Demo- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND clerk will report the resolution by RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: crats control the second hour. title. The PRESIDING OFFICER. Without To be lieutenant general The senior assistant legislative clerk objection, it is so ordered. read as follows: LT. GEN. ANTHONY R. IERARDI f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT A resolution (S. Res. 227) condemning the IN THE RESERVE OF THE ARMY TO THE GRADE INDI- attacks of July 16, 2015, in Chattanooga, Ten- ADJOURNMENT UNTIL 10 A.M. CATED UNDER TITLE 10, U.S.C., SECTION 12203: nessee, honoring the members of the Armed TOMORROW To be major general Forces who lost their lives, and expressing support and prayers for all those affected. Mr. MCCONNELL. Mr. President, if BRIG. GEN. GARRETT S. YEE there is no further business to come be- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT There being no objection, the Senate fore the Senate, I ask unanimous con- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- proceeded to consider the resolution. sent that it stand adjourned under the CATED UNDER TITLE 10, U.S.C., SECTION 12203: Mr. MCCONNELL. Mr. President, I previous order. To be major general ask unanimous consent that the reso- There being no objection, the Senate, BRIG. GEN. PATRICK J. REINERT lution be agreed to, the preamble be at 7:21 p.m., adjourned until Wednes- agreed to, and the motions to recon- day, July 22, 2015, at 10 a.m. IN THE NAVY sider be laid upon the table with no in- f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tervening action or debate. TO THE GRADE OF ADMIRAL IN THE UNITED STATES NOMINATIONS NAVY WHILE ASSIGNED TO A POSITION OF IMPORTANCE The PRESIDING OFFICER. Without AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION objection, it is so ordered. Executive nominations received by 601, AND TITLE 50, U.S.C., SECTION 2511: The resolution (S. Res. 227) was the Senate: To be admiral agreed to. FEDERAL RESERVE SYSTEM The preamble was agreed to. VICE ADM. JAMES F. CALDWELL, JR. KATHRYN M. DOMINGUEZ, OF MICHIGAN, TO BE A MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT (The resolution, with its preamble, is BER OF THE BOARD OF GOVERNORS OF THE FEDERAL IN THE UNITED STATES NAVY TO THE GRADE INDICATED printed in today’s RECORD under ‘‘Sub- RESERVE SYSTEM FOR THE UNEXPIRED TERM OF FOUR- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TEEN YEARS FROM FEBRUARY 1, 2004, VICE JEREMY C. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: mitted Resolutions.’’) STEIN, RESIGNED. f THE JUDICIARY To be vice admiral ORDERS FOR WEDNESDAY, JULY LEONARD TERRY STRAND, OF SOUTH DAKOTA, TO BE VICE ADM. JOSEPH P. AUCOIN UNITED STATES DISTRICT JUDGE FOR THE NORTHERN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 22, 2015 DISTRICT OF IOWA, VICE MARK W. BENNETT, RETIRED. IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: Mr. MCCONNELL. Mr. President, I ask unanimous consent that when the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral (lower half) IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- Senate completes its business today, it CATED UNDER TITLE 10, U.S.C., SECTION 12203: CAPT. CEDRIC E. PRINGLE

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REMEMBERING THE VICTIMS OF serving the Gulf Coast’s natural beauty for school sweetheart, Stella; his children Crystal, THE S.S. ‘‘EASTLAND’’ DISASTER current generations and future generations to Lisa, and Wendy; his granddaughters, Claire, come, and the Northwest Florida community Alex, Julia, Mary-Shelton; and the entire Davis HON. PETER J. VISCLOSKY mourns his passing. family. OF INDIANA Born October 18, 1944 in Douglas, Georgia, f M.C. graduated with a Political Science de- IN THE HOUSE OF REPRESENTATIVES gree from the University of North Carolina in CELEBRATING ELOISE BRONAK’S Tuesday, July 21, 2015 1970 and his J.D. from Samford Law School 100TH BIRTHDAY Mr. VISCLOSKY. Mr. Speaker, it is with a in 1973. After an immensely successful busi- heavy heart that I stand before you today to ness career, which saw him pursue many dif- HON. BLAINE LUETKEMEYER pay tribute to the victims of the S.S. Eastland ferent career paths, M.C. decided to use his OF MISSOURI disaster, which occurred in Chicago 100 years success to help restore and preserve the land IN THE HOUSE OF REPRESENTATIVES ago. On the centennial of this solemn event, that he loved. Northwest Florida is blessed Tuesday, July 21, 2015 the family of one of the victims, Anna Kubiak, with immense biological and ecological diver- will lay down a ceremonial wreath in remem- sity, with a high concentration of plants and Mr. LUETKEMEYER. Mr. Speaker, I rise brance of Anna and the other victims of the wildlife alike, and in 2000, M.C. purchased today to ask my colleagues to join me in con- disaster. The S.S. Eastland Memorial dedica- more than 50,000 acres of land in Walton gratulating Mrs. Eloise Bronak on her 100th tion ceremony will take place at the Old Light- County to create the Nokuse Plantation, the Birthday, which she will be celebrating on July house Museum in Michigan City, Indiana, on largest privately held nature preserve east of 28, 2015. July 25, 2015. the Mississippi River. Eloise Bronak was born in Decatur, Illinois. The S.S. Eastland disaster occurred on the As a result of his dedication to conservation, She has lived in Texas and Michigan, and morning of July 24, 1915, near the Clark M.C. has helped lead efforts to restore several eventually settled in St. Clair, MO. For the Street Bridge in Chicago, Illinois. The S.S. native plant and animal species, including past seven years, she has lived at Willow Eastland was chartered by the Western Elec- longleaf pine, which once blanketed millions of Brooke Assisted Living Facility in Union, MO. tric Company to transport employees, families, acres in the Southeast, and gopher tortoises, Eloise served our nation during World War II and friends across Lake Michigan to Michigan which are listed by the state as a threatened as a Navy nurse. In 1944, Eloise joined the City for a day of celebration that was to in- species. In addition, countless plants and ani- Navy as a registered nurse, but was unable to clude food, a parade, sporting events, and mals from diverse parts of nature can be serve overseas due to her height. ‘‘They other festivities. found on Nokuse Plantation, including eagles, wouldn’t let me go overseas because I was Unfortunately, the S.S. Eastland never left ospreys, bobcats, foxes, raccoons and arma- too little—I couldn’t stretch enough,’’ she the Chicago River that tragic morning. While dillos, among others. Indeed, M.C. has called joked. ‘‘I was to take what was left over.’’ Dur- the S.S. Eastland was still docked, it slowly this project a 300-year effort to help restore ing her service of three years in the Navy, Elo- began to roll over into the river with more than the full biological wealth bestowed on North- ise took care of wounded soldiers who re- 2,500 passengers and crew members on west Florida. turned to the United States. After her time in board. Eight hundred and forty-four people lost Nokuse Plantation also sits in a critical area the service, she continued to serve in the their lives in the disaster, including twenty-two of Northwest Florida, serving as a link be- medical field by working in public health, at complete families, and many more were in- tween several important sites, including Eglin the medical department at Chrysler in St. jured. The immense loss sustained that day Air Force Base Reserve, Blackwater River Louis, MO, and in health care in St. Louis will be recalled by generations to come, and State Forest and the Conecuh National Forest. County. Eloise had the opportunity to see the the tragedy of that fateful morning will be re- By helping to preserve this critical resource, World War II Memorial in Washington, D.C. membered as one of the most catastrophic Nokuse Plantation also helps ensure that suffi- with the Franklin County Honor Flight. maritime events in American history. cient base buffering exists to support critical Birthdays are a very special time. It’s a time Mr. Speaker, I ask you and my other distin- military missions at Eglin Air Force Base. to come together and celebrate your life and guished colleagues to join me in commemo- In addition to his work establishing Nokuse accomplishments and recognize the impact rating the centennial anniversary of the S.S. Plantation, M.C. also founded the E.O. Wilson that you have had on the lives of those around Eastland disaster. We honor the victims and Biophilia Center. Located on the Nokuse Plan- you. their families as we remember this devastating tation, the E.O. Wilson Biophilia Center pro- I ask you in joining me in recognizing Eloise day in our nation’s history. I would like to com- vides students in the 4th through 7th grades, Bronak on this momentous occasion. mend the efforts of the many people who as well as their teachers, the opportunity to f dedicated their time and efforts to make the study in one of the most biodiverse eco- S.S. Eastland Memorial dedication ceremony systems in the United States. Each year, more RECOGNIZING VIETNAM VETERANS possible. than 5,000 students from across Northwest ON THE 50TH ANNIVERSARY OF THE START OF THE VIETNAM f Florida study at the E.O. Wilson Biophilia Cen- ter, which helps integrate into the State of WAR RECOGNIZING THE LIFE AND LEG- Florida’s curriculum, particularly in the impor- ACY OF NORTHWEST FLORIDA’S tant Science, Technology, Engineering, and HON. DANIEL T. KILDEE MARION CLIFTON ‘‘M.C.’’ DAVIS Math (STEM) fields. OF MICHIGAN Throughout his life, M.C. touched the lives IN THE HOUSE OF REPRESENTATIVES of many and without question, his generosity HON. JEFF MILLER Tuesday, July 21, 2015 OF FLORIDA and commitment to nature will be felt in North- IN THE HOUSE OF REPRESENTATIVES west Florida for many generations to come. Mr. KILDEE. Mr. Speaker, I ask the United While many will remember M.C. for his dedi- States House of Representatives to join me in Tuesday, July 21, 2015 cation to preserving Northwest Florida’s nat- recognizing the veterans of the Mr. MILLER of Florida. Mr. Speaker, I rise ural beauty, to those who knew him best, M.C. on the 50th anniversary of the start of the con- to recognize the life and legacy of Northwest will be remembered as a loving husband, fa- flict. Florida’s Marion Clifton ‘‘M.C.’’ Davis, who lost ther, and grandfather. U.S. ground combat operations began in his battle with lung cancer on July 11, 2015. On behalf of the United States Congress, I in 1965, with the last troops A longtime resident of Walton County, Florida, am privileged to recognize the life of M.C. being pulled out in May 1975. Over three and M.C. had an abiding love for Northwest Flor- Davis. My wife Vicki and I extend our heartfelt a half million Americans served in Vietnam ida. He dedicated much of his life to pre- prayers and condolences to his wife and high during that period, and more than 58,000 lost

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

VerDate Sep 11 2014 05:02 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K21JY8.001 E21JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1086 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 2015 their lives. It is my honor to recognize the vet- years of unresolved abductions confirm that and no unresolved cases. However, we know erans of Vietnam and their families for their ‘‘quiet diplomacy’’ is gravely inadequate. from the National Center for Missing and Ex- patriotism and sacrifice. Last year, Congress unanimously passed ploited Children, or NCMEC, that India has 53 While this anniversary presents a clear op- the Goldman Act to give teeth to requests for open abduction cases—and that 51 have been portunity to remember the sacrifices of our return and access. The actions required by the pending for more than 1 year. veterans, I want to make sure our nation does law escalate in severity, and range from offi- While the State Department has shown will- not forget their contributions in the generations cial protests through diplomatic channels, to ingness to work constructively on making the to come. The immense perseverance and extradition, to the suspension of development, report better—for example, meeting last week bravery of our soldiers both in the face of con- security, or other foreign assistance. with staff—our June 11 hearing left many flict and in the decades following exemplify the The Goldman Act is a law calculated to get questions unanswered as to why this report American commitment to service and democ- results, as we did in the return of Sean Gold- failed to hold countries accountable for unre- racy. We owe these veterans our profoundest man from Brazil in late December, 2009. solved cases. gratitude. But the new law is only as good as its im- We wrote the law with the belief that the I would particularly like to recognize the plementation. State Department was formally raising these contributions of Michigan veterans. Over The State Department’s first annual report cases by name with the foreign ministries of 400,000 men and women of our state served that we reviewed last week is the first step in destination countries, and asked that cases in the Vietnam War, with 2,654 paying the ulti- moving past ‘‘quiet diplomacy’’ to results. The still pending one year after being raised would mate sacrifice. State Department must get this report right in be counted as ‘‘unresolved.’’ On July 18th, we honor our state’s veterans order to trigger the actions above and for the But these cases were not included in the re- at the Great Lakes National Cemetery in Holly, law to be an effective tool. port. A few parents who reported their cases Michigan. It is my honor to represent many of Countries should be listed as worst offend- to the State Department years ago and who these men and women, and my duty to re- ers if they have high numbers of cases—30 have been consistently begging the Depart- spectfully preserve their memories with the percent or more—that have been pending ment for help were told by their case officers same dedication with which these veterans over a year: or if their judicial or administrative recently that the cases were formally commu- defended our freedoms. branch, or central authority for abduction fail in nicated to India in May of 2015. Mr. Speaker, I applaud the veterans of Viet- their duties under the Hague Convention or May of 2015—delay is denial. nam and extend my deepest appreciation to other controlling agreement, or; if their law en- The Goldman Act also requires the State them for their years of service to our great forcement rarely fails to enforce return orders Department to take actions against countries country. or access rights. such as India and Japan if they refuse to re- f Once these countries are properly classified, solve abduction and access cases. the Secretary of State then determines which The Goldman Act also requires the State THE GOLDMAN ACT TO RETURN of the aforementioned actions the U.S. will Department to begin negotiations with coun- ABDUCTED AMERICAN CHIL- apply to the country in order to encourage the tries like India and Japan for a bilateral agree- DREN: ENSURING ACCURATE timely resolution of abduction and access ment to secure the resolution of the more than NUMBERS AND ADMINISTRATION cases. 100 open cases we have pending with those ACTION While the State Department has choice of two countries—cases that are not listed as which tools to apply, and can waive actions for ‘‘unresolved’’ in the report. HON. CHRISTOPHER H. SMITH up to 180 days, the State Department does The Goldman Act requires an end to the OF NEW JERSEY not have discretion over whether to report ac- status quo—but the first step toward change is IN THE HOUSE OF REPRESENTATIVES curately to Congress on the country’s record, telling the truth in the report. or on whether the country is objectively non- Which is why I am so concerned that Japan Tuesday, July 21, 2015 compliant. was not listed as showing a persistent failure Mr. SMITH of New Jersey. Mr. Speaker, I As we have seen in the human trafficking to work with the U.S. on abduction cases. want to thank all of everyone—especially all of context—I authored the Trafficking Victims Japan has never issued and enforced a return the left-behind parents I saw in the audience— Protection Act of 2000 as well as the Goldman order for a single one of the hundreds of for joining me at a hearing I held last week to Act—accurate accounting of a country’s American children abducted there. discuss how the U.S. Department of State’s record, especially in comparison with other It holds the world record on the abduction of first annual report under the Sean and David countries, can do wonders to prod much need- American children never returned. Goldman International Child Abduction Pre- ed reform. And yet it got a pass on more than 50 open vention and Return Act can better correspond Accurate reporting is also critical to family cases, most of which have been pending for with the mandate set by Congress and court judges across the country and parents 5 years or more. achieve the return of abducted American chil- considering their child’s travel to a foreign Among such cases is that of Sgt. Michael dren, which is the ultimate objective of the country where abduction or access problems Elias, who has not seen his children, Jade and Goldman Act. are a risk. Michael Jr., since 2008. Michael served as a Every year, an estimated 1,000 American The stakes are high: misleading or incom- Marine who saw combat in Iraq. His wife, who children are unlawfully removed from their plete information could mean the loss of an- worked in the Japanese consulate, used docu- homes by one of their parents and taken other American child to abduction. ments fraudulently obtained with the apparent across international borders. For example, a judge might look at the re- complicity of Japanese consulate personnel to International parental child abduction rips port table filled with zeros in the unresolved kidnap their children, then aged 4 and 2, in children from their homes and families and cases category—such as in the case of defiance of a court order, telling Michael on a whisks them away to a foreign land, alienating Japan—and erroneously conclude that a coun- phone call that there was nothing that he them from the love and care of the parent and try is not of concern, giving permission to an could do, as ‘‘my country will protect me.’’ family left behind. estranged spouse to travel with the child for a Her country, very worried about its designa- Child abduction is child abuse, and it con- vacation. The estranged spouse then abducts tion in the new report, sent a high-level dele- tinues to plague families across the United the child and the left-behind parent spends his gation in March to meet with Ambassador Ja- States. or her life savings and many years trying to cobs and explain why Japan should be ex- For decades, the State Department has get the child returned to the U.S. cused from being listed as ‘‘non-compliant,’’ used ‘‘quiet diplomacy’’ to attempt to bring All of which could have been avoided with despite the fact that more than one year after these children home. But we know that less accurate reporting on the danger. signing the Hague Convention on the Civil As- than half of these children ever come home— I am very concerned that the first annual re- pects of International Child Abduction, Japan even from countries that have signed the port contains major gaps and even misleading has ordered zero returns to the U.S. Hague Convention on the Civil Aspects of information, especially when it comes to coun- Just before the report was released in International Child Abduction. tries with which we have the most intractable May—two weeks late—Takashi Okada, Dep- In a hearing I held on this issue back in abduction cases. uty Director General in the Secretariat of the 2009, former Assistant Secretary of State Ber- For instance, the report indicates that India, Ministry of Foreign Affairs, told the Japanese nie Aronson called quiet diplomacy ‘‘a sophis- which has consistently been in the top five Diet that he had been in consultation with the ticated form of begging.’’ Thousands of Amer- destinations for abducted American children, State Department and ‘‘because we strived to ican families still ruptured and grieving from had 19 new cases in 2014, 22 resolved cases, make an explanation to the U.S. side, I hope

VerDate Sep 11 2014 05:02 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K21JY8.005 E21JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 21, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1087 that the report contents will be based on our RECOGNIZING DR. RON KRUSE FOR Elizabeth Seay. In October 1970, roughly eight country’s efforts.’’ HIS RETIREMENT months after returning from the war, Mr. Seay In other words, Japan understood it would and his wife, Maggie Seay, moved to Min- get a pass from the State Department and es- HON. BLAINE LUETKEMEYER neapolis, Minnesota, where he worked for cape the list of countries facing action by the OF MISSOURI Food Machinery Corporation/United Defense Industries for twenty-nine years until his retire- U.S. for their failure to resolve abduction IN THE HOUSE OF REPRESENTATIVES cases based on what Mr. Okada ment in 1999. Tuesday, July 21, 2015 Mr. Seay is a dedicated member of his euphemistically refers to as ‘‘efforts,’’ not re- church, New Salem Missionary Baptist Church sults. Mr. LUETKEMEYER. Mr. Speaker, I rise today to honor a constituent of mine, Dr. Ron in Minneapolis, where he also works as a Sgt. Michael Elias’s country has utterly Kruse. He retired as Executive Director from Sunday School Teacher. Mr. Seay’s family is failed to protect him. He has seen zero the Developmental Services of Franklin Coun- of utmost importance to him. He is the proud progress in his case over the last year—the ty on June 8, 2015. Dr. Kruse has contributed father of three daughters: Debra Brinkley, 7th year of his heart-wrenching ordeal—and to the county for 28 years. Sandra Moore, and Lawanda Moore; and one yet the State Department cannot even bring Dr. Kruse was the first employee and exec- son: Lonnie LaValias. itself to hold Japan accountable by naming utive director hired in 1987, and under his I wish to congratulate Mr. Seay and his en- Japan a worst offender in the annual report. leadership DSFC expanded to a team of 142 tire family, on a lifetime of service—to his county, to his family, and to his community. The Goldman Act is clear: All requests for employees. He served 38 years in the field, 28 Thank you, Roy, for your service. return that the State Department submitted to of those serving the people of Franklin County the foreign ministry and that remained unre- with developmental disabilities. His work pro- f solved 12 months later are to be counted vided case management at the local level by DIGNIFIED INTERMENT OF OUR against Japan—and followed up with action. developing the Franklin County Dental Net- VETERANS ACT The Goldman Act has given the State De- work, Behavioral Services Early Intervention partment new and powerful tools to bring programming, and by partnering with county HON. BILL SHUSTER Japan, and other countries, to the resolution agencies to meet the residents’ transportation OF PENNSYLVANIA table. The goal is not to disrupt relations but needs. This showcases his ability to make a IN THE HOUSE OF REPRESENTATIVES positive impact and leave behind a strong leg- to heal the painful rifts caused by international Tuesday, July 21, 2015 child abduction. acy with an organization that provides quality, Mr. SHUSTER. Mr. Speaker, I rise today to The question still remains, will the State De- innovative services. DSFC enhances employment opportunities, shed light on an issue plaguing our nation’s partment use the Goldman Act as required by veterans, and to thank two of my constituents law? educational and developmental programs, family support programs, and community living from Fayette County, Mr. Lanny Golden, a Vietnam Veteran, and Mr. Ron Metros, a f options. The organization also promotes public awareness and community collaboration to member of Rolling Thunder’s Pennsylvania RECOGNIZING COLLIN HORAN FOR serve individuals with developmental disabil- Chapter 5, for working with me on legislation to return dignity and respect to our country’s EXCEPTIONAL COMMUNITY ities, such as Cerebral Palsy, Epilepsy, Au- tism, or a similar condition diagnosed before heroes. SERVICE ON BEHALF OF THE There are an estimated 47,000 unclaimed the age of 22. Thanks to Dr. Kruse’s efforts, NORTH POINT VETERANS PRO- veteran remains that have been left to collect Franklin County will continue to move in the GRAM dust on funeral home shelves because the right direction for people with development dis- next of kin has not or could not be identified. abilities. Existing legislation directs the Veteran Affairs HON. BILL SHUSTER With this retirement, Dr. Ron Kruse can now Administration, veteran service organizations, OF PENNSYLVANIA spend more time with his family which in- and funeral directors to work together in identi- cludes: his wife Pamela, daughters Jill and IN THE HOUSE OF REPRESENTATIVES fying veteran status for the deceased and Kate, and grandson Ellis. making every effort to locate the next of kin. Tuesday, July 21, 2015 I ask you to join me in recognizing Dr. Ron Unfortunately, there are a host of barriers that Kruse on his retirement after 28 years of com- prevent effective collaboration among these Mr. SHUSTER. Mr. Speaker, I rise today to mitment to his community. recognize Collin Horan, a Greencastle-Antrim stakeholders. For example, in my state of f Pennsylvania, the Missing in America Project Middle School student, for his dedicated serv- found nearly 100 unclaimed veterans within a ice to the North Point Veterans Program. HONORING MR. ROY LEE SEAY couple years’ time. Some of those veterans Mr. Horan chose to work with the North were sitting on shelves for more than 20 years Point Veteran’s Home, a housing, employ- HON. KEITH ELLISON awaiting burial. ment, independent living, and recovery-ori- OF MINNESOTA We can speculate regarding the reason for ented service provider for displaced veterans, IN THE HOUSE OF REPRESENTATIVES this disgrace but we cannot know for sure out of a sense of gratitude for our former serv- Tuesday, July 21, 2015 without giving this issue the attention it de- ice members, and given his family’s ties to the serves. That is why I have introduced H.R. military. Mr. ELLISON. Mr. Speaker, I rise today in 1338 ‘‘Dignified Interment of Our Veterans Act recognition of Mr. Roy Lee Seay, who has After speaking with the home’s 23 current of 2015.’’ My bill requires the Secretary of Vet- been honored for his services in the Vietnam residents, Mr. Horan set out with the help and erans Affairs to conduct a study on matters re- War. Through his service in the United States support of his parents, Don and Lauren Horan, lating to the claiming and interring of un- Army, Mr. Seay earned several medals and to provide the veterans with an impressive do- claimed veteran remains. The intent of the awards such as the Bronze Star, the Army nation, which included home living essentials study is to confirm the scope of this problem, Commendation Medal with one Bronze Oak like towels and toiletry items, as well as signifi- uncover any barriers associated with claiming Leaf Cluster, the National Defense Service cant funds for the home to purchase a refrig- and interring veteran remains, and solicit rec- Medal, the Combat Infantryman Badge, the erator and laptop computer. ommendations from the Department of Vet- Marksman Badge with Auto Rifle Bar, and the erans Affairs on potential program improve- Garnering support from the members of St. Republic of Vietnam Campaign Medal with ments. This is the first step in returning honor Paul’s Lutheran Church in Funkstown and a ‘‘60’’ device. Mr. Seay was also recently sur- to our country’s heroes. number of local businesses, Mr. Horan worked prised to find out he has been recognized with Again, I would like to thank Mr. Metros and tirelessly and even overcame a health setback the following awards: the Silver Star, the Viet- Mr. Golden for their dedicated work in service to complete the service project in conjunction nam Service Medal with three Bronze Service to our country’s veterans. When asked why he with his church confirmation. Stars, the Sharpshooter Badge with Rifle and is so passionate about this issue, Mr. Golden, It is my honor to recognize Mr. Horan, a Machinegun Bars, and the Republic of Viet- who served with the First Air Cavalry Division selfless young man, and congratulate him for nam Gallantry Cross Unity Citation with Palm during the Vietnam War, simply replied that his committed service to the North Point Vet- Device. these are his Brothers in Arms and they de- eran’s Home, our country’s service members, Mr. Seay was born July 12, 1947 in Mer serve to be buried beside those that have and his local community. Rogue, Louisiana to the late Robert Seay and walked the same path.

VerDate Sep 11 2014 05:02 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K21JY8.006 E21JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1088 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 2015 I fully agree with Mr. Golden and would like IN TRIBUTE TO UMOS ON THEIR course of his 30 years at the helm of to say thank you to all who have served this 50TH ANNIVERSARY AFSCME Council 24, Marty has come to be great nation. I will make every effort to ensure known by many as the face of public em- your final resting place be of dignity and HON. GWEN MOORE ployee unions in the State of Wisconsin. Marty began his career in public service in honor. We will not forget you. OF WISCONSIN 1969 working for the state’s Division of Cor- IN THE HOUSE OF REPRESENTATIVES f rections as a probation and parole officer. It Tuesday, July 21, 2015 didn’t take long for Marty to become involved HONORING JUDGE MICHAEL Ms. MOORE. Mr. Speaker, I rise to pay trib- with the union, and in 1973 he became presi- POLLARD ute to UMOS, a nationally renowned agency dent of the local chapter. In 1978 Marty was whose corporate headquarters is based in Mil- then elected president of the Wisconsin State waukee, Wisconsin. In July, 2015, UMOS will Employees Union, a position which he held HON. RAU´ L M. GRIJALVA celebrate its 50th Anniversary. until 1985 when he was chosen to take over as executive director. Throughout his time as OF ARIZONA UMOS began as a single-focused, single state, migrant and seasonal farm worker serv- director, Marty was appointed by Wisconsin IN THE HOUSE OF REPRESENTATIVES ing agency only. Today, UMOS offers various Governors to many high level committees and commissions on which he served as the Tuesday, July 21, 2015 programs and services to diverse populations with a diverse staff. Currently, UMOS employs spokesman for Council 24 and an outspoken Mr. GRIJALVA. Mr. Speaker, today I wish to 300 people and operates 40+ programs with advocate for state employees. recognize the hard work of Judge Michael Pol- more than $25 million grant and performance- The hallmark of Marty’s career was perhaps lard and his tremendous impact on the Tucson based contracts from federal, state, and local during the highly divisive 2011 session of the community. funding sources. Wisconsin State Legislature when Governor Scott Walker introduced Act 10, the controver- His selfless work for the American people UMOS operates programs throughout the sial legislation suspending most collective bar- started when he was drafted into the United state of Wisconsin, as well as in Minnesota, gaining powers of the state’s public unions. States Marine Corps in 1967. He was as- Missouri, and Texas, along with a housing The bill was unprecedented in Wisconsin, signed to the Echo Company 2nd Battalion 4th consortium in an eight-state area. It provides which was the first state in the country to pro- Marines, proudly serving his country in Viet- programs and services in three major cat- vide collective bargaining rights to public em- nam. egories: workforce development, child devel- opment, and social services including: farm ployees in 1959, and the legislation drew sig- Following his time in the military, Judge Pol- labor, housing, HIV prevention services, do- nificant public dissent. Marty provided pivotal lard graduated from the University of Arizona, mestic violence, sexual assault and human leadership and was a constant presence College of Law in 1972. He then worked tire- trafficking supportive services, home energy throughout the weeks of protests at the State lessly in private practice as a prosecutor and assistance, food pantry and Head Start. In ad- Capitol where crowds of demonstrators num- public defender for 20 years before being ap- dition to these programs, UMOS sponsors and bered over 100,000 at times. pointed as a Tucson City Court magistrate in organizes a number of cultural and community It is a true honor to recognize the career of 1994. events in Wisconsin. Marty Beil, a tireless advocate and leader for Since that appointment, Judge Pollard has Much of the success of UMOS can be at- state employees and working families in my worked relentlessly to improve his community tributed to its longtime President and Chief Ex- district and across the state. His contributions through his service on various committees, in- ecutive Officer, Lupe Martinez. He has led the are an important legacy in the longstanding cluding as chair of the Arizona Supreme Court agency for over 40 years and spent most of tradition of fighting for workers’ rights and pro- Committee on the Impact of Domestic Vio- his professional career at UMOS. Mr. Martinez tections in the State of Wisconsin. lence in the Courts, as the state judicial rep- is dedicated to advocating and providing pro- f resentative to the Arizona Full Faith and Credit grams and services to improve employment, HONORING BOB FALLSTROM Team, and as co-chair of the Tucson/Pima provide education opportunities as well as County Homeless Plan Implementation Task health and housing supports for UMOS’ clien- HON. RODNEY DAVIS Force, continuing to direct homeless courts in tele whether they are migrant and seasonal OF ILLINOIS the region. farm workers or other underserved popu- IN THE HOUSE OF REPRESENTATIVES lations. Lupe Martinez has always gravitated Judge Pollard’s most recent contribution to Tuesday, July 21, 2015 Tucson can be found in his honorable and toward leadership roles even as a child; he dedicated work with his fellow veterans. In was one of 10 siblings in a family of migrant Mr. RODNEY DAVIS of Illinois. Mr. Speak- 2009, along with a handful of other judges, he workers and accepted the responsibility of er, I rise today to honor Bob Fallstrom, a developed the Regional Municipalities Vet- paying bills and managing the family finances. friend, veteran, and newsman, who passed erans Treatment Court. This organization Today he manages the largest Hispanic non- away on July 10, 2015 at the age of 88. Mr. works to provide veterans an opportunity to profit organization in Wisconsin and one of the Fallstrom served as an integral part of life in avoid jail time and clear any misdemeanor largest in the nation. central Illinois by delivering the news to count- charges they may have on their record. In re- Mr. Speaker, I am proud to say the UMOS less Central Illinoisans for 66 years. He left a turn, the veteran must complete court-man- hails from the 4th Congressional District, and lasting impact on many throughout the entire dated rehabilitation and support courses, pleased to give praise to Lupe Martinez, their state of Illinois. many times working with the Southern Arizona Board of Directors and staff. I wish them many As a young man, Mr. Fallstrom worked at a VA Health Care System and other local orga- more years of success. movie theatre with the dream of a career in nizations that provide those services. Since its f the news. Despite never having earned a col- inception, this program has allowed over 600 lege degree, he eventually achieved his RECOGNITION OF THE CAREER dream, landing a position with the Herald & veterans to work towards a healthy, clean life- AND RETIREMENT OF MR. without the difficulties of possessing a Review, a local newspaper in Decatur, Illinois. MARTY BEIL Mr. Fallstrom put his professional dreams criminal record. on hold to serve his country during World War Thanks to Judge Pollard and his team, HON. MARK POCAN II—a testament to his dedication to service countless veterans have been able to move OF WISCONSIN and putting others first in all aspects of his life. past their misdemeanors and progress to non- IN THE HOUSE OF REPRESENTATIVES After the war, Mr. Fallstrom returned to cen- violent, healthy lives. He sees these mis- tral Illinois and once again picked up his re- Tuesday, July 21, 2015 demeanors not as permanent hardships, but porter’s notebook. He worked for decades as as potential turning points for those who ac- Mr. POCAN. Mr. Speaker, I rise today to a sports editor for the paper and kept regular cept them. He provides a second chance for honor the exceptional career of Mr. Marty Beil, attendance at sporting events throughout the those who have fought for our country, and for who will retire this week after having served region. Known as the ‘‘good news editor,’’ he this I am grateful. Judge Pollard demonstrates as Executive Director of the American Federa- was also described as a ‘‘talking encyclo- an individual who truly works for the better- tion of State, Municipal and County Employ- pedia’’ of central Illinois history. ment of his community, both among ees (AFSCME) Council 24, the Wisconsin I am proud to honor Mr. Fallstrom for his Tucsonans and his fellow veterans. State Employees Union since 1985. Over the service to his country and his community. He

VerDate Sep 11 2014 05:02 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K21JY8.009 E21JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 21, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1089 was a devoted husband, father, veteran, and prompt response and management of this Avoca and to the State of Iowa. I am proud to newsman that left an indelible memory on the morning’s tragic shootings and for carrying out represent Jerry and Joyce in the United States lives of so many. My thoughts and prayers are the investigation thereafter. Congress. I urge my colleagues in the House with Mr. Fallstrom’s family as central Illinois Americans come together at such times of to join me in congratulating them for achieving has lost a truly bright and impactful leader. tragedy to support each other. their dream and for sharing their collection f So at this time, I ask all Americans to keep with us. I wish them and their family nothing the victims, their families, and our military but the best moving forward. HONORING THE SERVICE OF MR. members, in their thoughts and prayers. f ALGIN ROBERTS There is no place in a civilized society for RECOGNIZING EMMA SHIREY’S such senseless acts of violence. FULBRIGHT SCHOLAR ACHIEVE- HON. ANDY BARR Changing a culture of violence will not hap- MENT OF KENTUCKY pen overnight but that is no excuse for failing IN THE HOUSE OF REPRESENTATIVES to try. Tuesday, July 21, 2015 We must keeping trying. We must work tire- HON. BILLY LONG lessly. For the sake of the victims of Chat- OF MISSOURI Mr. BARR. Mr. Speaker, I rise today to rec- tanooga, Tennessee, we must not give up. IN THE HOUSE OF REPRESENTATIVES ognize an outstanding individual, Mr. Algin I ask the House to observe a moment of si- Tuesday, July 21, 2015 Roberts, of Frankfort, Kentucky. Mr. Roberts lence in memory of the victims in Tennessee, celebrates his ninetieth birthday on July 26th, Mr. LONG. Mr. Speaker, I rise today to rec- and victims of gun violence everywhere. and I want to honor that special occasion by ognize and congratulate Emma Shirey on re- acknowledging his distinguished military serv- f ceiving a renowned Fulbright English Teaching ice during World War II. Mr. Roberts, a part of OUR UNCONSCIONABLE NATIONAL Assistant Grant for the 2014–2015 academic year. the greatest generation, served our nation in DEBT the United States Army. Emma, a native of Nixa, Missouri, was Mr. Roberts joined the Army when he was awarded the Fulbright U.S. Student Program just fifteen and he turned sixteen while cross- HON. MIKE COFFMAN grant to teach in Taiwan, where she has ing the Atlantic to fight. He was a member of OF COLORADO gained valuable career experience serving as the Army’s 1st Infantry Division. They took IN THE HOUSE OF REPRESENTATIVES an English Teaching Assistant. The award has part in the invasion of North Africa and Sicily. Tuesday, July 21, 2015 allowed Emma to interact with young Tai- wanese students and make valuable contribu- They were later sent to England for R&R and Mr. COFFMAN. Mr. Speaker, on January were a part of the D-Day invasion in 1944. Mr. tions to Taiwan’s youth after her graduation 20, 2009, the day President Obama took of- from Truman State University with a degree in Roberts’ unit was among the first to land on fice, the national debt was Omaha Beach where the fighting was fierce. Sociology. $10,626,877,048,913.08. A Fulbright English Teaching Assistantship Mr. Roberts later came down with malaria and Today, it is $18,151,862,792,175.02. We’ve allows individuals to teach English and serve spent a long recovery time in England. added $7,524,985,743,261.94 to our debt in 6 as a cultural ambassador for the U.S. by being After the war, Mr. Roberts returned home years. This is over $7.5 trillion in debt our na- placed in a classroom abroad. In doing so, and became a Kentucky State Police officer tion, our economy, and our children could Emma has successfully played a big role in where he had a long and distinguished career. have avoided with a balanced budget amend- spreading the value of American ideas and The bravery of Mr. Roberts and his fellow ment. education. men and women of the United States Army is f I am extremely proud that talented, hard- heroic. Because of the courage of individuals working and dedicated individuals, such as from Franklin County and from all across our TRIBUTE TO JERRY AND JOYCE Emma, represent the Seventh District of Mis- great nation, our freedoms have been saved MEZ souri. I urge my colleagues to join me in con- for our generation and for future generations. gratulating Emma Shirey for her service and He is truly an outstanding American, a patriot, HON. DAVID YOUNG for receiving this esteemed award. and a hero to us all. On the special occasion OF IOWA of his ninetieth birthday, he and his family can f reflect proudly on his contributions to the world IN THE HOUSE OF REPRESENTATIVES IN HONOR OF BECKY MOELLER, through his brave military service. Tuesday, July 21, 2015 PAST PRESIDENT AND SEC- f Mr. YOUNG of lowa. Mr. Speaker, I rise RETARY-TREASURER FOR THE TEXAS AFL–CIO EXPRESSING CONDOLENCES TO today to recognize Jerry and Joyce Mez, own- THE VICTIMS OF THE SENSE- ers of the Farmall-Land Museum in Avoca, LESS SHOOTING IN CHAT- Iowa. Since 2005, Jerry and Joyce have greet- HON. MARC A. VEASEY OF TEXAS TANOOGA, TENNESSEE ed visitors to their museum, home of over 200 International Harvester tractors. Visitors from IN THE HOUSE OF REPRESENTATIVES all 50 states and at least 16 countries, includ- Tuesday, July 21, 2015 HON. SHEILA JACKSON LEE ing Australia, Germany, Spain and the Nether- OF TEXAS Mr. VEASEY. Mr. Speaker, I rise today to lands, have viewed this outstanding collection IN THE HOUSE OF REPRESENTATIVES honor Ms. Becky K. Moeller for her service to of tractors. the organized labor movement as Secretary- Tuesday, July 21, 2015 The Farmall tractors are known as ‘‘reds’’ Treasurer and President of the Texas AFL– Ms. JACKSON LEE. Mr. Speaker, it is with due to their distinctive color. Though the mu- CIO. Ms. Moeller’s retirement comes after her a heavy heart that I rise to speak out against seum opened 10 years ago, it has been Jer- long tenure within the Texas AFL–CIO, where the senseless loss of innocent lives resulting ry’s dream for some 40 years. He started col- she worked to advance hands-on political and from another unthinkable act of violence. lecting International Harvester tractors in 1970. legislative educational programs and fight for My thoughts and prayers go out to the peo- His museum idea followed shortly thereafter. working people against tough odds. ple of Chattanooga, Tennessee, who were af- The oldest Farmall tractor in his collection is a In 2003, Ms. Becky Moeller was elected as fected by the shootings on Thursday morning, 1914 model and the newest model is dated Secretary-Treasurer for the Texas AFL–CIO, July 16, especially the victims, the families, 1985. Joyce also takes an active role in the making her the first woman to hold a state- and our military community affected by this ca- museum. She helped develop a lounge so pa- wide elected office in the Texas AFL–CIO. tastrophe. trons could rest during the museum tour, During her four year tenure as Secretary- From current reports, we know that gun- which covers 26,500 square feet. The lounge Treasurer, Ms. Moeller used her budgetary ex- shots were fired at a military recruiting center is known as the ‘‘Tractor Widows Lounge.’’ pertise to keep many of the organization’s sig- and a Navy Reserve center in different parts Jerry and Joyce take great pride in sharing nature programs despite a decline in funds. of Chattanooga, Tennessee, late Thursday their collection with the hundreds of visitors In 2007, Ms. Moeller was elected President morning, tragically taking the lives of four Ma- each year. of the Texas AFL–CIO, effectively overseeing rines and wounding several others. I commend Jerry and Joyce for establishing the 235,000-member labor federation’s legisla- I want to commend the law enforcement the Farmall-Land Museum in Avoca, Iowa. tive, political education and community service and emergency service agencies for their The museum is a great addition to the City of programs.

VerDate Sep 11 2014 05:02 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JY8.004 E21JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1090 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 2015 During her tenure in these two positions, Weisberg for their hard work and dedication to devastating fishing accident. A leader who Ms. Moeller helped introduce a revamped and the people of Colorado’s Fourth District as in- helped to bring countless jobs and collabo- revised education program that enabled orga- terns in my Washington, DC office for the rative healthcare to Eastern Washington, Tom nized labor leaders to contact union members Summer 2015 session of Congress. was a pillar of strength and generosity in our more effectively during ‘‘Get Out the Vote’’ The work of these young men has been ex- Greater Spokane community and will be great- campaigns. This particular initiative proved emplary and I know they all have bright fu- ly missed. successful for labor-supportive Texas Legisla- tures. They served as tour guides, interacted A beacon in our community, Tom tirelessly ture and Congressional candidates. with constituents, and learned a great deal led Inland Northwest Health Services for the Ms. Moeller’s dedication to organized labor about our nation’s legislative process. I was last 16 years before retiring last December. goes beyond her work within the AFL–CIO. glad to be able to offer this educational oppor- Founded as a joint venture of the area’s larg- Before her leadership in the Texas AFL–CIO, tunity to these three and look forward to see- est hospitals and their parent companies, Ms. Moeller served as president of the Com- ing them build their careers in public service. under his guidance, INHS grew to over 1,000 munications Workers of America Local 6137, Our interns have made plans to continue employees and brought in more than $200 the Corpus Christi local union representing their work with various organizations in Wash- million in gross revenues, becoming one of the workers at SBC (now AT&T). Ms. Moeller ington, Colorado, and Kansas. I am certain region’s largest employers and one of its most served in several capacities, including job they will succeed in their new roles and wish active businesses. Having the vision to partner steward, chief steward, Executive Board mem- them all the best in their future endeavors. Mr. with community entities, Tom led INHS to pro- ber, vice president and secretary-treasurer. Speaker, it is an honor to recognize Colin vide exemplary access to health services not Ms. Moeller also served as President of the Thomas, Sam Laffey, and Moses Weisberg for only in Spokane but all across our country. He Coastal Bend Labor Council and as a member their service this summer. drove their efforts through forward-thinking so- of the Texas AFL–CIO Executive Board. For f lutions, unique partnerships and innovative several years, Ms. Moeller chaired the Texas technologies. Tom’s vision for INHS was to AFL–CIO Scholarship Committee. She also CONGRATULATING THE provide a collaborative approach to health traveled the state of Texas to promote unions TAYLORVILLE OPTIMIST CLUB care that is unlike any other. and assist in a variety of worker actions. ON THEIR 50TH ANNIVERSARY Tom had a heart of gold. He tirelessly advo- In addition to her commitment to organized cated for programs and initiatives that bene- labor, Ms. Moeller served as a member of her HON. RODNEY DAVIS fited the community he loved. A tremendous local United Way Board of Governors and the OF ILLINOIS leader, Tom will be remembered for his years Corpus Christi Workforce Development Board IN THE HOUSE OF REPRESENTATIVES of service to our community in Eastern Wash- and also worked a number of voter registration ington and for his commitment to INHS’s col- drives. She was appointed by Governor Ann Tuesday, July 21, 2015 laborative mission. To those he worked with Richards as Chair of the Texas Department of Mr. RODNEY DAVIS of Illinois. Mr. Speak- on a daily basis, he will forever be remem- Licensing Regulation commission. er, I rise today to congratulate the Taylorville bered as a great friend and colleague. Al- f Optimist Club on their 50th anniversary this though Tom Fritz’ passing has left many year. The Optimists have shown inspiring heavy hearts in Eastern Washington, the TRIBUTE TO GREENFIELD dedication to their mission of fostering an opti- memory of this actively passionate and en- MUNICIPAL UTILITIES mistic way of life in my hometown. gaged individual has left a lasting impact on The Optimist Club was chartered in 1965, the lives of many back home in the Inland HON. DAVID YOUNG and there are currently over sixty active mem- Northwest. OF IOWA bers. Since their charter, they have been a Thank you, Tom for your years of dedication IN THE HOUSE OF REPRESENTATIVES force of good in the community. They instigate and service to our community and state. My Tuesday, July 21, 2015 a meaningful difference in the attitudes of our thoughts and prayers are with your family and community’s youth at events throughout the friends during this difficult time. Mr. YOUNG of Iowa. Mr. Speaker, I rise year; bringing out the best in kids by providing today to recognize and congratulate a great f hope and a positive vision. Iowa institution, Greenfield Municipal Utilities. Over the past five decades, the Optimist COMMEMORATING THE 50TH ANNI- On June 12, 2015, Greenfield Municipal Utili- Club has been resilient in pursuit of their mis- VERSARY OF THE PASSAGE OF ties celebrated 125 years of business. sion. The club makes various important con- THE ‘‘FEDERAL CIGARETTE LA- A short ten years after Thomas Edison in- BELING ACT’’ OF 1965 vented the light bulb, a group of Greenfield tributions to the people of Taylorville through- city councilmen and businessmen began plan- out the year. Fitting for this time of year, they HON. SHEILA JACKSON LEE ning a municipal light plant to provide the town honor our freedom by providing the fireworks for the Independence Day celebration. In the OF TEXAS with electricity. In the fall of 1890, their idea IN THE HOUSE OF REPRESENTATIVES became a reality when Greenfield was one of spring, they host their annual Easter Egg Hunt Tuesday, July 21, 2015 the first towns in Iowa to have a plant. Mem- for children in the community. During the bers of the Board of Trustees today include school year, they assist local students who ex- Ms. JACKSON LEE. Mr. Speaker, I rise Lynne Don Carlos, Terry Schneidedr and Bob emplify their mission with scholarships. today to commemorate the 50th anniversary of Guikema. The Taylorville Optimist Club has shown the ‘‘Federal Cigarette Labeling Act’’ of 1965. I applaud and congratulate the Greenfield that a positive outlook is essential in facing ev- Passed by the 89th Congress, the ‘‘Federal Municipal Utilities for their 125 years in Iowa’s eryday life. Their commitment to service has Cigarette Labeling Act’’ was signed into law by Third Congressional District. I am proud to helped make my hometown community what it President Lyndon Johnson on July 27, 1965, represent them in the United States Congress. is today. As a past member of the Optimist in response to the mounting scientific evi- I know that my colleagues will join me in con- Club, I am proud of this club’s reputation. Its dence that smoking cigarettes causes lung gratulating and wishing the Board of Trustees legacy can be seen in the lives of all those it cancer and is a serious public health concern and their employees nothing but success in has enriched over the past fifty years, and I for the nation. the future. look forward to another fifty. At the time this act was being debated in Congress, cigarette smoking was simply not f f viewed as a public health concern. RECOGNIZING COLIN THOMAS, CELEBRATING THE LIFE OF MR. Cigarette smoking was viewed as a norm, SAM LAFFEY, AND MOSES THOMAS FRITZ with virtually no harmful effects. WEISBERG Tobacco companies often falsified data to HON. CATHY McMORRIS RODGERS make the claim that some cigarettes were HON. KEN BUCK OF WASHINGTON even healthy for you to smoke. OF COLORADO IN THE HOUSE OF REPRESENTATIVES One famous advertisement campaign was for the Lucky Strike cigarettes made by the IN THE HOUSE OF REPRESENTATIVES Tuesday, July 21, 2015 American Tobacco Company in the 1930’s Tuesday, July 21, 2015 Mrs. MCMORRIS RODGERS. Mr. Speaker, which used advertisements that stated Mr. BUCK. Mr. Speaker, I rise today to rec- I rise today to mourn the loss of Mr. Tom Fritz, ‘‘20,679 physicians say Luckies are less irri- ognize Colin Thomas, Sam Laffey, and Moses who tragically passed away last week in a tating.’’

VerDate Sep 11 2014 05:02 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JY8.010 E21JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 21, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1091 Another advertisement campaign by the RJ Sadly, the occupation authorities continue TRIBUTE TO KID ZONE EARLY Reynolds Tobacco Company was called the their direct attacks on the religious freedom of LEARNING CENTER ‘‘More Doctors’’ campaign which attempted to Orthodox Christians and the island’s rich Or- reshape the image that cigarettes were safe. thodox Christian cultural heritage. Cyprus’s HON. DAVID YOUNG These are just a few of the false advertise- ancient Christian heritage goes back to the OF IOWA ments about the implications of smoking on an mission of St. Paul and St. Barnabas in 45 IN THE HOUSE OF REPRESENTATIVES individual’s health by the tobacco industry and A.D.—Barnabas is remembered as the found- Tuesday, July 21, 2015 which were a contributing factor in the rise of er and patron saint of the Church in Cyprus. lung cancer mortality rates in the United Mr. YOUNG of Iowa. Mr. Speaker, I rise Even in recent years, Turkish security forces States. today to recognize Kid Zone Early Learning have continued to disrupt the religious serv- To assist in educating the American people Center for the opening of their new facility in about the dangers of smoking the ‘‘Federal ices of Orthodox believers in northern Cyprus, Adair, Iowa. Cigarette Labeling Act’’ required the entire to- and, sadly, the desecration and destruction of Kid Zone strives to enrich the lives of young bacco industry to adapt to new regulations religious sites continues. Forty-one years after children in the Adair community with a faculty mandating that cigarette packages have a the Turkish government’s invasion, Christian of dedicated teachers and caregivers. Their health warning label that stated, ‘‘Caution: Cig- believers still cannot freely visit all religious focus on cultivating a positive learning experi- arette Smoking May Be Hazardous to Your sites on the island, nor use Christian religious ence and a nurturing environment will be a Health.’’ sites for their rightful purpose. Sites looted of great asset to the residents of Adair. By implementing this simple warning label revered icons remain vacant, and sacred ob- I commend Kid Zone Early Learning Center on cigarette packing, the public was given a jects of Cypriot Orthodoxy regularly turn up on and their staff for the service they provide to notice on every box of the potential harm the international art market or are held in mu- families in Adair and southern Iowa. I urge my these tobacco smoking products may cause. seums against the wishes of the Orthodox colleagues in the House to join me in con- This legislation also required the Federal community. The services for the faithful that gratulating Kid Zone for their new location. I Trade Commission to report to Congress an- do take place remain tightly restricted by Turk- wish them and their staff nothing but the best nually on the effectiveness of cigarette label- ish authorities through special permitting or moving forward. ing for the public. other challenges to registering congregations. f Along with labeling, this legislation created a These violations of basic rights are a legacy of framework of how the current promotional RECOGNIZING PHILIP A. CLEMENS intolerance wrought by the 1974 invasion. practices were to be employed by the tobacco industry for promoting their products. Mr. Speaker, I hope my colleagues will join HON. MICHAEL G. FITZPATRICK This legislation accelerated the American me in urging the administration to vigorously OF PENNSYLVANIA public’s knowledge of the true dangers of promote meaningful settlement negotiations IN THE HOUSE OF REPRESENTATIVES smoking cigarettes. that affirm the fundamental freedoms and Tuesday, July 21, 2015 In 1986 Congress continued this endeavor human rights of those Greek Cypriots who are to educate the American public on the harms displaced or enduring in northern enclaves. Mr. FITZPATRICK. Mr. Speaker, today, I of tobacco use by passing the ‘‘Comprehen- would like to honor Philip A. Clemens, a con- stituent of mine and community leader who is sive Smokeless Tobacco Health Education f Act,’’ which extended the health warning la- retiring after serving almost 50 years with the bels from just cigarettes to include smokeless RECOGNIZING EVAN MCCARTNEY’S Clemens Family Corporation. Mr. Clemens tobacco products, along with the advertise- FULBRIGHT SCHOLAR ACHIEVE- has spent his entire working life with his family ments for them. MENT business, The Clemens Family Corporation, In my city of Houston, Texas, lung cancer headquartered in Hatfield, Pennsylvania. has become the deadliest cancer for my con- Over the years, Mr. Clemens has worked in stituents, affecting not just former smokers but HON. BILLY LONG all areas of the business—from the clean-up also nonsmokers. crew to Chairman and CEO, a position he Progressive legislation like the ‘‘Federal Cig- OF MISSOURI served in for 15 years. With Mr. Clemens’ arette Labeling Act’’ has helped inform the IN THE HOUSE OF REPRESENTATIVES leadership, the Clemens Family Corporation American people of the potential danger of has grown into one of the largest companies using tobacco products. Tuesday, July 21, 2015 in the industry, employing hundreds of my Mr. Speaker, this is why I am proud to com- constituents with good-paying, family-sus- Mr. LONG. Mr. Speaker, I rise today to rec- memorate the 50th anniversary of the ‘‘Fed- taining jobs. eral Cigarette Labeling Act’’ of 1965 and to ognize and congratulate Evan McCartney on Mr. Clemens has devoted his knowledge recognize its remarkable contributions to receiving a renowned Fulbright Study and Re- and expertise to not only the growth of his American public’s access to information that search Award for the 2014–2015 academic own business, but the future of the meat in- allows them to make the best informed deci- year. dustry as a whole. His lifelong contributions to sion for their personal health. Evan, a Nixa, Missouri, native and United the industry are unmatched. For his influence, f States Air Force Academy graduate, was he’s received the highest award given in the awarded the Fulbright grant to study the field industry—the North American Meat Institute’s MARKING 41 YEARS SINCE THE Industry Advancement Award, the Knowlton of political science in Ukraine. There, he has TURKISH INVASION AND OCCU- Award for industry innovation, and the Re- learned the country’s military aviation history PATION OF NORTHERN CYPRUS search Institute of America’s outstanding man- and future through Ukraine’s National Aviation agement award. HON. CHRISTOPHER H. SMITH University. However, Mr. Clemens isn’t just known for OF NEW JERSEY Fulbright Study and Research grants allow his business accomplishments, he’s also an IN THE HOUSE OF REPRESENTATIVES recipients to design projects and work with ad- active volunteer known by many in our area visers and foreign universities to pursue a par- for his dedication to the Indian Valley and Tuesday, July 21, 2015 ticular field of study. Given the ongoing conflict North Penn communities. Some of those roles Mr. SMITH of New Jersey. Mr. Speaker, I in the region, I am certain Evan’s bright mind include his work as the Chairman of the Board rise today to mark the 41st anniversary of the and American military background has shed of Trustees of Lancaster Bible College, his Turkish government’s illegal invasion of Cy- new light on the ongoing situation there. work with the North Penn United Way, and his prus in 1974. This tragedy of that aggression efforts with the Profit Sharing Council of Amer- continues to this day. Northern Cyprus con- I am extremely proud that talented, hard- ica. In addition, he is also very active at the tinues to be occupied by Turkish troops. More working and dedicated individuals such as Calvary Church of Souderton, where he than 216,000 Cypriots continue to be dis- Evan have great opportunities to represent the serves on the Elder Board. placed or their descendants denied their right- Seventh District of Missouri. I urge my col- Mr. Clemens is a dedicated family man, a ful property claims in ancestral homelands— leagues to join me in congratulating Evan highly successful entrepreneur and a man who and this includes 5,000 Americans of Cypriot McCartney for his scholarship and for receiv- generously donates his time to better our com- descent. ing such an esteemed award. munity. I am proud and privileged to honor

VerDate Sep 11 2014 05:02 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JY8.015 E21JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1092 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 2015 him today and appreciate all he has done for Jizhong Zhou, a Presidential Professor in a prestigious award bestowed by the Depart- the people of our community. On behalf of the Botany and Microbiology and Director of the ment of Energy for exceptional scientific constituents of the 8th District of Pennsyl- Institute for Environmental Genomics at the achievement. vania, I wish Mr. Clemens a happy, relaxing University of Oklahoma, a guest researcher Dr. Bai joined Brookhaven National Lab in and pleasant retirement. with Berkeley Lab’s Earth Sciences Division, 1999 as a research associate in the Rel- f and a principal investigator for ENIGMA (Eco- ativistic Heavy Ion Collider (RHIC) Accelerator systems and Networks Integrated with Genes Physics Group, was promoted to Associate HONORING MR. DAVID SCHLEGEL, and Molecular Assemblies). He was recog- Scientist in 2001, and to Scientist in 2004. In MR. PEIDONG YANG, MS. CARO- nized for his ‘‘outstanding accomplishments in 2000, she was the recipient of the American LYN BERTOZZI, AND MR. environmental genomics and microbial ecol- Physical Society’s Outstanding Doctoral The- JIZHONG ZHOU ogy, including the development of innovative sis Research in Beam Physics Award. In metagenomics technologies for environmental 2010, the Asian Committee for Future Accel- HON. BARBARA LEE sciences, for groundbreaking discoveries to erators and the organizing committee of the OF CALIFORNIA understand the feedbacks, mechanisms, and 2010 First International Particle Accelerator IN THE HOUSE OF REPRESENTATIVES fundamental principles of microbial systems in Conference awarded Bai a prize for her signifi- Tuesday, July 21, 2015 response to environmental change, and for cant and original contributions to the field of transformative leadership to elucidate micro- accelerator research. Dr. Bai recently joined Ms. LEE. Mr. Speaker, I rise today to honor the Nuclear Physics Institute in Germany, bial ecological networks and to link microbial the accomplishments of four scientists, affili- which conducts experimental and theoretical biodiversity with ecosystem functions.’’ ated with the Lawrence Berkeley National Lab- basic research in the areas of nuclear, hadron, On behalf of the residents of California’s oratory, who have been named by U.S. En- and particle physics. ergy Secretary Ernest Moniz as recipients of 13th Congressional District, I salute you all. I In the 1990s, Dr. Bai and her colleagues de- the 2015 Ernest Orlando Lawrence Award, the thank you for your contributions to the sci- vised a way to keep protons circulating in an Department of Energy’s highest scientific entific field and congratulate you on your accelerator polarized, or all spinning in the honor. many achievements in research. same directions on their axes. This was a cru- The Department of Energy’s Ernest Orlando f cial development which was successfully dem- Lawrence Awards were established by Presi- TRIBUTE TO EDD LEACH onstrated at Brookhaven National Laboratory’s dent Dwight Eisenhower in 1959, to honor Er- Alternating Gradient Synchrotron, which is an nest Lawrence, the Nobel Prize-winning inven- accelerator that is a key part of the RHIC tor of the cyclotron, the forerunner of today’s HON. DAVID YOUNG complex. particle accelerators, and the founder and OF IOWA This week, Dr. Mei Bai is being honored namesake of the Lawrence Berkeley National IN THE HOUSE OF REPRESENTATIVES with an E.O. Lawrence award for her out- Laboratory—located in my very own 13th Con- Tuesday, July 21, 2015 standing research, which has allowed for the gressional District of California. first direct measurement of the contributions of The four winners associated with the Law- Mr. YOUNG of Iowa. Mr. Speaker, I rise fundamental particles known as quarks and rence Berkeley National Laboratory and their today to recognize Mr. Edd Leach of Council gluons to the spin of the proton. accomplishments are as follows: Bluffs, Iowa. Edd is the owner of Leach Camp- Physicists from around the world study po- David Schlegel, an astrophysicist who er Sales in Council Bluffs. larized protons at RHIC to determine the an- serves as the Principal Investigator for the Leach Camper Sales was opened in 1962 swer to a fundamental question—how protons BOSS project on the Sloan Telescope, the by Edd’s father. Edd joined the business in get their spin, an intrinsic property of the par- Co-Principal Investigator for the DECals sky 1969 when his Dad offered him a deal: if Edd ticle that is not completely understood. Dr. survey, and the Project Scientist for the Dark would work at the business for five years, he Bai’s work enabled RHIC researchers to suc- Energy Spectroscopic Instrument (DESI). He would end up owning half the business. Since cessfully accelerate individual beams of polar- was recognized for his ‘‘exceptional leadership then, Edd and his wife, Donna, have built a ized protons to 255 billion electron volts of en- of major projects making the largest two-di- very successful business together. They offer ergy. The beams were collided at a total mass mensional and three-dimensional maps of the RVs of all sizes, and a complete parts and re- energy of 510 billion electron volts, making universe, which have helped ascertain the na- pair department to service their customers’ RHIC the world’s first and only high energy ture of Dark Energy, test General Relativity, needs. The family owned business includes polarized proton collider. and positively impact fundamental under- their daughter and grandsons. Leach Camper Today, I thank her for her enthusiasm and standing of matter and energy in the uni- Sales is home to a number of employees who the inspiration she provides to other scientists verse.’’ have spent years helping serve the area. at Brookhaven National Lab and the inter- Peidong Yang, a faculty chemist who holds I commend Edd and his staff for their dedi- national community. I congratulate Dr. Bai on joint appointments with Berkeley Lab’s Mate- cated service to Council Bluffs and southwest her accomplishments and this very significant rials Sciences Division, the University of Cali- Iowa. I am proud to represent them in the award. fornia (UC) Berkeley, where he holds the S.K. United States Congress. I urge my colleagues f and Angela Chan Distinguished Professor of in the House to join me in congratulating RECOGNIZING TOM KERR ON Energy chair, and the Kavli Energy Nano- Leach Camper Sales for their many achieve- BEING NAMED ‘‘PAUL KROEGEL Sciences Institute (Kavli-ENSI), for which he is ments in the recreational vehicle industry. I REFUGE MANAGER OF THE a co-director. He was recognized for his ‘‘sem- wish Edd, his family, and his employees all YEAR’’ inal research advancing the synthesis and un- the best moving forward. derstanding of nanoscale materials, including f semiconductor nanowires and metal nanocrys- HON. SEAN P. DUFFY tals, and their impact to structures and devices RECOGNIZING THE WORK OF DR. OF WISCONSIN for applications in nanophotonics, nanoelec- MEI BAI FOR HER ACCOMPLISH- IN THE HOUSE OF REPRESENTATIVES tronics, and energy conversion.’’ MENTS IN THE FIELD OF NU- Tuesday, July 21, 2015 Carolyn Bertozzi, also a faculty chemist with CLEAR PHYSICS Mr. DUFFY. Mr. Speaker, I rise today to Berkeley Lab’s Materials Sciences Division, a recognize Mr. Tom Kerr for his leadership and professor of chemistry and of chemical and HON. LEE M. ZELDIN attention to our community’s and our nation’s systems biology at Stanford University, and an OF NEW YORK wetlands. Investigator of the Howard Hughes Medical In- IN THE HOUSE OF REPRESENTATIVES As the manager of Wisconsin’s St. Croix stitute. She was recognized for her ‘‘significant Wetland Management District and Whittlesey Tuesday, July 21, 2015 scientific research contributions at the inter- Creek National Wildlife Refuge, Mr. Kerr un- face of chemistry, biology and nanoscience, Mr. ZELDIN. Mr. Speaker, I rise today in derstands that environmental conservation including major advances in the chemistry and recognition of Doctor Mei Bai, whose innova- isn’t something that can simply be purchased; biology of complex carbohydrates, including tion and leadership at the Department of Ener- it requires local engagement. This is why he’s the development of nanotechnologies and gy’s Brookhaven National Laboratory on Long organized working programs such as Con- chemistries for probing biological systems, op- Island, New York, in my district, has greatly servation Day, a collaborative event that edu- timizing bioreactors, and innovating tailored impacted the field of nuclear physics. This cates students about what’s involved in sus- devices and materials.’’ month she receives the E.O. Lawrence Award, taining our ecosystems.

VerDate Sep 11 2014 05:02 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JY8.019 E21JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 21, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1093 I am proud that Mr. Kerr’s outstanding years HONORING MR. ARMAND TRIBUTE TO NICHOLAS HALLMAN of service and dedication are being recognized CHARBONNET with the National Wildlife Refuge Association’s HON. DAVID YOUNG ‘‘Paul Kroegel Refuge Manager of the Year’’ HON. CEDRIC L. RICHMOND OF IOWA award—one of the nation’s highest honors OF LOUISIANA IN THE HOUSE OF REPRESENTATIVES given to conservation leaders. IN THE HOUSE OF REPRESENTATIVES Tuesday, July 21, 2015 While overseeing thousands of acres of marshes, grasslands, and oak savanna Tuesday, July 21, 2015 Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and congratulate Nicholas throughout Northern and Central Wisconsin, Mr. RICHMOND. Mr. Speaker, I rise today Hallman of Des Moines, Iowa for receiving a Mr. Kerr finds unique ways to engage his to honor Armand Louis Charbonnet, the Vice coveted Fulbright award during the 2014–2015 neighbors and to lend a hand to many bird President of Charbonnet-Labat-Glapion Fu- Academic Year. Nicholas is a recent graduate species in the process. neral Homes, who passed away on July 9, of the University of Iowa with a Bachelor of I appreciate this opportunity to honor Mr. 2015, at the age 84. Arts in International Studies, History, and Kerr for putting conservation at the forefront in Mr. Charbonnet was a United States Army French. He will travel to Turkey in September our community. On behalf of Wisconsin and veteran, a lifelong Catholic, member of the Vi- 2015 and begin his work in one of the newly- this entire body, we thank him. kings Krewe, patriarch of his family, and a established state universities. leader in the New Orleans community. He di- While in Turkey, Nicholas will be teaching f rected numerous funerals in New Orleans and English and plans to establish an American RECOGNIZING MS. SOFIA BILSKI surrounding parishes in one of the oldest con- film and television club. He hopes to bridge tinuously operating African-American funeral the gap and make comparisons between HON. DANIEL WEBSTER homes in the country. Known for its traditional American and Turkish society. Nicholas would jazz funerals, horse drawn glass hearses, and also like to spend time organizing relief efforts OF FLORIDA the famous saying ‘‘My Soul Goes to Heaven for war refugees and volunteer at refugee IN THE HOUSE OF REPRESENTATIVES but take my body to Charbonnet,’’ camps. Tuesday, July 21, 2015 Charbonnet-Labat-Glapion Funeral Homes has Mr. Speaker, it is with great respect and ad- served Louisiana for more than 132 years. Mr. WEBSTER of Florida. Mr. Speaker, it is miration that I recognize Nicholas today. It is To honor Mr. Charbonnet, who was affec- the young people like him who are willing to my privilege to recognize one of my constitu- tionately known by family and friends as ‘‘Big ents, Ms. Sofia Bilski of Windermere, Florida, work hard and make sacrifices for the better- Daddy,’’ today we recognize the fulfillment of ment of society that will lead our future gen- for her acceptance to the People to People his mission. In commemoration of his life and World Leadership Forum in Washington, D.C. erations. I know my colleagues in the U.S. achievements we strive to put the needs of House of Representatives join me in congratu- Ms. Bilski was selected for her academic ex- others first as he did for countless families cellence, leadership potential and exemplary lating Nicholas on this outstanding achieve- through the painful process of laying a loved ment and wish him nothing but continued suc- citizenship. one to rest. The mission of People to People Leadership cess moving forward. Ambassador Programs is to bridge cultural f f and political borders through education and INTRODUCTION OF THE TEACH INTRODUCTION OF THE CLEAN exchange. To this end, People to People of- SAFE RELATIONSHIPS ACT SLATE FOR MARIJUANA OF- fers domestic and international educational FENSES ACT programs that promote cooperation, cross-cul- tural understanding and leadership. It is my HON. CAROLYN B. MALONEY HON. EARL BLUMENAUER hope that Ms. Bilski benefitted greatly from her OF NEW YORK OF OREGON participation in the World Leadership Forum, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and I wish her all the best in her future en- Tuesday, July 21, 2015 deavors. Tuesday, July 21, 2015 Mrs. CAROLYN B. MALONEY of New York. Mr. BLUMENAUER. Mr. Speaker, today, I f Mr. Speaker, today I am proud to introduce am introducing legislation that will allow cer- the Teach Safe Relationships Act along with tain federal marijuana offenders the oppor- TRIBUTE TO MACKENZIE ELLIS my colleagues SUZANNE BONAMICI and ALMA tunity to clear their record. ADAMS. In 1973, Oregon became the first state to HON. DAVID YOUNG Too often, young Americans engage in abu- decriminalize the personal possession of a OF IOWA sive, unhealthy relationships. In fact, young small amount of marijuana. Since then, an ad- IN THE HOUSE OF REPRESENTATIVES women between 16 and 24 years old are vic- ditional 15 states have adopted similar poli- tims of intimate partner violence at three times cies. 23 states, the District of Columbia and Tuesday, July 21, 2015 the national average of all women. These sta- Guam have passed laws that allow for the use Mr. YOUNG of Iowa. Mr. Speaker, I rise tistics and the stories of sexual abuse and dat- of marijuana for certain medical conditions. In today to recognize and congratulate Mac- ing violence among teens and college stu- 2012, Washington and Colorado legalized the kenzie Ellis of Johnston, Iowa. Mackenzie will dents demand that we examine innovative ap- adult use of marijuana and in 2014, Oregon be representing the United States as an edu- proaches to curb unhealthy relationship be- and Alaska followed suit. Oregon also recently cational ambassador through the Ameson havior. led the nation in passing legislation to reduce Year in China (AYC) program. The Teach Safe Relationships Act, intro- penalties for marijuana offenses and qualifying Mackenzie, a recent graduate of Iowa State duced by Sen. TIM KAINE of Virginia, takes a certain marijuana offenses for expungement University, will be traveling to China to spend strong step to address this problem by ensur- that could not previously be expunged. a year teaching, studying, and working with ing that American students discuss safe rela- Under the Controlled Substances Act, how- public schools in an effort to make a dif- tionship behavior as part of sex education. ever, marijuana remains a Schedule I sub- ference. She will have the opportunity to learn Through comprehensive curricula that use ef- stance, classified as severely as heroin and new languages and immerse herself in the fective approaches to prevent teen dating vio- LSD and defined as having no medical value. Chinese culture through a number of different lence, sexual assault, and harassment, we As a result, at the federal level, possessing or programs offered through AYC. can ensure that our young people have the distributing marijuana, regardless of the I commend Mackenzie for seizing this op- tools they need to make safe decisions in rela- amount and regardless of state law, remains portunity to expand her knowledge of different tionships and identify unhealthy or abusive be- illegal. cultures and explore what the world has to havior. While the current Administration’s policy is offer. I am proud to represent Iowans like I am encouraged that key provisions of this not to prosecute those who are operating in Mackenzie in the U.S. House of Representa- legislation have been included in the Every compliance with state law so long as they tives. I know that my colleagues join me in Child Achieves Act in the Senate, and hope meet certain federal enforcement priorities, congratulating her and wish her nothing but that my colleagues in the House will build on this was not always the case and may not al- the best as she embarks on this new adven- that momentum by supporting the Teach Safe ways be the case going forward. Until re- ture. Relationships Act. cently, too many people were wrongly caught

VerDate Sep 11 2014 05:02 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JY8.023 E21JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1094 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 2015 up in the conflict between federal and state I applaud and congratulate Whiterock Con- Lou served bravely throughout Israel’s War law. servancy for achieving their goals and opening of Independence and later participated in Op- In 2013, after a state-legal marijuana indus- this wonderful destination for Iowans and all eration Ezra and Nehemiah, which airlifted try began to emerge in Montana, a federal in- Americans to enjoy. I know that my colleagues Iraqi Jews to Israel. After leaving the military vestigation responded with a series of 33 sen- join me in congratulating Whiterock Conser- he became a pilot for El Al Airlines and a film tences against individuals, many who argued vancy and their board of directors and wishing producer. they were abiding by that system. The federal them all continued success in the future. Lou passed away on Monday of this week government also pursued drug trafficking f at age 94, but his life will forever be remem- charges against a family in Washington claim- bered as one of exceptional service and com- ing to grow marijuana within the bounds of CLASS 6A PLAYER OF THE YEAR mitment to both the United States and Israel. Washington’s medical marijuana law. The $10 His sacrifices and achievements are great, million trial ultimately resulted in a manufac- HON. PETE OLSON and I hope Lou’s heroic efforts will serve as a turing charge that will remain on their record. OF TEXAS reminder to us all that one individual can truly In addition, while the federal government IN THE HOUSE OF REPRESENTATIVES make a difference. generally devotes more resources to large- Tuesday, July 21, 2015 f scale drug trafficking and lets local jurisdic- tions enforce marijuana possession offenses, Mr. OLSON. Mr. Speaker, I rise today to LIVING WATER INTERNATIONAL’S federal possession charges occur. Over the congratulate Kourtney Coveney of Katy High 25TH ANNIVERSARY past 10 years, at least 1,100 people have School for being named Class 6A Player of been sentenced for marijuana possession at the Year by the Texas Sports Writers Associa- tion. HON. PETE OLSON the federal level. OF TEXAS The Clean Slate for Marijuana Offenses Act Kourtney led her team to the first state soft- IN THE HOUSE OF REPRESENTATIVES of 2015 creates a pathway for two groups of ball title in district history. Throughout the sea- federal marijuana offenders to expunge—or son she had a 3.32 earned run average as Tuesday, July 21, 2015 well as 79 strikeouts in 1352⁄3 innings. Not clear the criminal record of—their marijuana Mr. OLSON. Mr. Speaker, I rise today to only is she an excellent pitcher, Kourtney’s offense: those who were federally charged for commemorate Stafford, Texas’s own Living batting average is .511 with 17 doubles, a activity that was legal in the state they were in Water International on its upcoming 25th anni- home run, and 54 runs batted in. She will con- at the time; and those whose offense was the versary. Over the last 25 years, Mike Mantel tinue her softball career at West Texas A&M possession of an ounce or less of marijuana. and his team have drilled over 15,000 wells University. Kourtney has made her parents, A federal drug conviction, no matter how and provided clean water to people in more coaches, and the town of Katy proud. small, can follow a person for their entire life, than 23 countries. On behalf of the Twenty-Second Congres- potentially limiting education and employment After taking a water well drilling trip to Sen- sional District of Texas, congratulations to opportunities. As more and more states legal- egal, Mike was inspired to provide clean water Kourtney Coveney on all of her achievements. ize different uses of marijuana, no one should to people around the world. To Mike, getting We look forward to hearing more about her be saddled with a record for activities related people water was the foundation for a suc- continued success. to marijuana that were legal in their state. cessful life. A life where agriculture could de- In addition, the possession of a small f velop, people would be healthier, and women amount should not ruin a person’s chances at REMEMBERING LOU LENART could spend less time hauling water and more significant opportunities later in life. While the time in school. Living Water International’s number of people charged with federal pos- HON. STEVE ISRAEL mission to share the love of God and provide session offenses is low, over seven million access to clean drinking water to countries people have been arrested with marijuana OF NEW YORK IN THE HOUSE OF REPRESENTATIVES around the world is inspiring. As a community, possession when totaling state, federal and we are humbled and grateful by the work Mike local law enforcement statistics over the past Tuesday, July 21, 2015 and his team at Living Water International are 10 years. This legislation sends a strong sig- Mr. ISRAEL. Mr. Speaker, I rise today to re- doing. nal to state and local jurisdictions that allowing member a true hero of the United States and On behalf of the Twenty-Second Congres- a pathway for expungement for certain mari- Israel, Lou Lenart. I would like to recognize his sional District of Texas, we thank you for 25 juana offenders should happen at all levels of heroic efforts and great sacrifice in keeping years of dedication to bringing clean water to law enforcement. both countries safe during World War II and people around the world. f Israel’s War of Independence. f Lou began his incredible journey as Layos TRIBUTE TO WHITEROCK DODD/FRANK 5-YEAR CONSERVANCY Lenovitz in a Hungarian village near the Czech border. When he was 10 years old, he ANNIVERSARY HON. DAVID YOUNG moved with his family to the United States in order to escape increasing anti-Semitism. At OF IOWA HON. TERRI A. SEWELL age seventeen, Lou enlisted in the U.S. Ma- IN THE HOUSE OF REPRESENTATIVES OF ALABAMA rine Corps where he became a fighter pilot. IN THE HOUSE OF REPRESENTATIVES Tuesday, July 21, 2015 He served in the U.S. military valiantly, flying Tuesday, July 21, 2015 Mr. YOUNG of Iowa. Mr. Speaker, I rise in the Battle of Okinawa and other engage- today to recognize and congratulate Whiterock ments in the Pacific. Ms. SEWELL of Alabama. Mr. Speaker, Conservancy for the opening of their new After the war, he learned that fourteen of his today, I rise in recognition of the five-year an- Whiterock Conservancy Backcountry Trail. relatives who had remained in Hungary had niversary of the Dodd-Frank Wall Street Re- At nearly forty miles, the Whiterock Conser- been killed in Auschwitz. This prompted him to form and Consumer Protection Act. This criti- vancy Backcountry Trail is one of the largest join a clandestine effort to smuggle surplus cally important piece of legislation has destination trail systems in Central Iowa. After American aircraft into Israel. He also helped strengthened oversight of the financial sector, raising funds for seven years, 20 miles of the recruit other war veterans like himself to fly for given regulators the tools to end the era of trail, two new campgrounds, and many other the Israeli Air Force (IAF). ‘‘too big to fail,’’ and has eliminated loopholes new visitor experiences are complete. Six After surviving the treacherous journey that allowed risky and abusive practices to go miles of new equestrian trails will take riders smuggling aircraft into Israel, Lou led his com- unnoticed and unregulated. to new vistas, and the double track trail now rades Ezer Weizman, Eddie Cohen, and Modi As we mark this five-year anniversary, we loops along both sides of the Raccoon River, Alon in the IAF’s first mission. On May 29th, must recognize that the ‘‘Great Recession’’ of providing all users, including the mobility chal- 1948, two weeks after Israel declared its inde- 2008 did not occur naturally as a part of the lenged or drivers in low power ATV’s, with a pendence, Egyptian soldiers and tanks were regular financial cycle, but as a result of the wonderful background for enjoying their leisure advancing to Tel Aviv. With Lou at the helm, lack of transparency and accountability in the time. These trail improvements allow hikers, the secretly assembled IAF was able to force financial sector. snowshoers, bikers, and nature lovers alike the Egyptian troops to retreat. This mission During the ‘‘Great Recession’’ the American the opportunity to enjoy the beautiful land- gave Lou the most accurate nickname I have economy lost over 4 million jobs, 13 trillion scape of central Iowa. ever heard, ‘‘the man who saved Tel Aviv.’’ dollars in household wealth and approximately

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VerDate Sep 11 2014 05:02 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JY8.033 E21JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS Tuesday, July 21, 2015 Daily Digest Senate motion to close further debate on the motion to pro- Chamber Action ceed to consideration of the bill. Page S5188 Routine Proceedings, pages S5179–S5429 Measures Discharged: Measures Introduced: Twenty-one bills and four Expression of the Disfavor of Congress: Pursuant resolutions were introduced, as follows: S. to 42 U.S.C. 2159(i) and Section 601(b)(4) of Public 1804–1824, and S. Res. 224–227. Pages S5210–11 Law 94–329, S.J. Res. 19, to express the disfavor of Measures Reported: Congress regarding the proposed agreement for co- S. 546, to establish the Railroad Emergency Serv- operation between the United States and the People’s ices Preparedness, Operational Needs, and Safety Republic of China transmitted to the Congress by Evaluation (RESPONSE) Subcommittee under the the President on April 21, 2015, pursuant to the Federal Emergency Management Agency’s National Atomic Energy Act of 1954, was discharged and Advisory Council to provide recommendations on placed on the calendar, 45 days of the review period emergency responder training and resources relating having elapsed, not including time spent in adjourn- to hazardous materials incidents involving railroads. ment pursuant to S. Con. Res. 19, providing for a (S. Rept. No. 114–85) conditional adjournment or recess of the Senate and S. 614, to provide access to and use of information an adjournment of the House of Representatives. by Federal agencies in order to reduce improper pay- Page S5180 ments. (S. Rept. No. 114–86) S. 1495, to curtail the use of changes in manda- Message from the President: Senate received the tory programs affecting the Crime Victims Fund to following message from the President of the United States: inflate spending. (S. Rept. No. 114–87) Page S5210 Transmitting, pursuant to law, a report relative to Measures Passed: the continuation of the national emergency with re- Condemning the Attacks in Chattanooga, Ten- spect to significant transnational criminal organiza- nessee: Senate agreed to S. Res. 227, condemning tions that was established in Executive Order 13581 the attacks of July 16, 2015, in Chattanooga, Ten- on July 24, 2011; which was referred to the Com- nessee, honoring the members of the Armed Forces mittee on Banking, Housing, and Urban Affairs. who lost their lives, and expressing support and (PM–21) Pages S5207–08 prayers for all those affected. Page S5429 Nominations Received: Senate received the fol- Measures Considered: lowing nominations: Hire More Heroes Act—Cloture: By 41 yeas to 56 Kathryn M. Dominguez, of Michigan, to be a nays (Vote No. 250), three-fifths of those Senators Member of the Board of Governors of the Federal duly chosen and sworn, not having voted in the af- Reserve System for the unexpired term of fourteen firmative, Senate rejected the motion to close further years from February 1, 2004. debate on the motion to proceed to consideration of Leonard Terry Strand, of South Dakota, to be H.R. 22, to amend the Internal Revenue Code of United States District Judge for the Northern Dis- 1986 to exempt employees with health coverage trict of Iowa. under TRICARE or the Veterans Administration 1 Air Force nomination in the rank of general. from being taken into account for purposes of deter- 4 Army nominations in the rank of general. mining the employers to which the employer man- 3 Navy nominations in the rank of admiral. date applies under the Patient Protection and Af- Page S5429 fordable Care Act. Page S5188 Senator McConnell entered a motion to reconsider Messages from the House: Page S5208 the vote by which cloture was not invoked on the Measures Referred: Page S5208 D851

VerDate Sep 11 2014 12:51 Jul 22, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21JY5.REC D21JYPT1 smartinez on DSK4TPTVN1PROD with DIGEST D852 CONGRESSIONAL RECORD — DAILY DIGEST July 21, 2015 Measures Placed on the Calendar: DEPARTMENT OF LABOR INVESTMENT Pages S5180–81, S5208 PROPOSAL Executive Communications: Pages S5208–09 Committee on Health, Education, Labor, and Pensions: Petitions and Memorials: Pages S5209–10 Subcommittee on Employment and Workplace Safe- ty concluded a hearing to examine the Department Additional Cosponsors: Pages S5211–12 of Labor’s investment proposal for American families Statements on Introduced Bills/Resolutions: and retirees, after receiving testimony from Thomas Pages S5212–14 E. Perez, Secretary of Labor; Robert Litan, Brookings Additional Statements: Page S5207 Institution, Wichita, Kansas; Peter Schneider, Primerica, Inc., Duluth, Georgia; Darlene Miller, Amendments Submitted: Pages S5214–S5326 Permac Industries, Burnsville, Minnesota, on behalf Authorities for Committees to Meet: Page S5326 of the U.S. Chamber of Commerce; and Scott Puritz, Privileges of the Floor: Page S5326 Rebalance IRA, Bethesda, Maryland. Text of S. 1177 as Previously Passed: IMMIGRATION ENFORCEMENT POLICIES Page S5326–S5428 Committee on the Judiciary: Committee concluded an Record Votes: One record vote was taken today. oversight hearing to examine the Administration’s (Total—250) Page S5188 immigration enforcement policies, after receiving Adjournment: Senate convened at 10 a.m. and ad- testimony from Leon Rodriguez, Director, Citizen- journed at 7:21 p.m., until 10 a.m. on Wednesday, ship and Immigration Services, and Sarah R. Saldana, July 22, 2015. (For Senate’s program, see the re- Director, Immigration and Customs Enforcement, marks of the Majority Leader in today’s Record on both of the Department of Homeland Security; page S5429.) Grace Huang, Washington State Coalition Against Domestic Violence, Seattle; Reverend Gabriel Salguero, Lamb’s Church of the Nazarene, New Committee Meetings York, New York, on behalf of the National Latino (Committees not listed did not meet) Evangelical Coalition; Chief Tom Manger, Mont- gomery County Police Department, Gaithersburg, NOMINATION Maryland, on behalf of the Major Cities Chiefs Asso- Committee on Armed Services: Committee concluded a ciation; Susan Oliver, Garden Valley, California; Mi- hearing to examine the nomination of General Mark chael Ronnebeck, Sacramento, California; Jim A. Milley, USA, to be Chief of Staff of the Army, Steinle, Pleasanton, California; Brian McCann, Chi- after the nominee testified and answered questions in cago, Illinois; and Laura Wilkerson, Pearland, Texas. his own behalf. INTELLIGENCE BUSINESS MEETING Select Committee on Intelligence: Committee met in Committee on Finance: Committee ordered favorably closed session to receive a briefing on certain intel- reported an original bill to extend certain expired ligence matters from officials of the intelligence tax provisions. community. h House of Representatives Martinez, California, and for other purposes, with an Chamber Action amendment (H. Rept. 114–213); Public Bills and Resolutions Introduced: 29 pub- Supplemental report on H.R. 1599, to amend the lic bills, H.R. 3119–3127, 3129–3148; and 1 reso- Federal Food, Drug, and Cosmetic Act with respect lution, H.J. Res. 60 were introduced. Pages H5329–30 to food produced from, containing, or consisting of Additional Cosponsors: Pages H5332–33 a bioengineered organism, the labeling of natural foods, and for other purposes (H. Rept. 114–208, Reports Filed: Reports were filed today as follows: Part 2); H.R. 1289, to authorize the Secretary of the Inte- rior to acquire approximately 44 acres of land in

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H.R. 427, to amend chapter 8 of title 5, United the Federal government, by a 2⁄3 yea-and-nay vote of States Code, to provide that major rules of the exec- 403 yeas with none voting ‘‘nay’’, Roll No. 448; and utive branch shall have no force or effect unless a Pages H5308–12, H5314–15 joint resolution of approval is enacted into law, with FTO Passport Revocation Act of 2015: H.R. 237, an amendment (H. Rept. 114–214, Part 1); amended, to authorize the revocation or denial of H.R. 3128, making appropriations for the Depart- passports and passport cards to individuals affiliated ment of Homeland Security for the fiscal year ending with foreign terrorist organizations. September 30, 2016, and for other purposes (H. Pages H5308, H5312–14 Rept. 114–215); and Supplemental Report: Agreed that the Committee H. Res. 369, providing for consideration of the on Agriculture be authorized to file a supplemental bill (H.R. 1599) to amend the Federal Food, Drug, report on H.R. 1599, to amend the Federal Food, and Cosmetic Act with respect to food produced Drug, and Cosmetic Act with respect to food pro- from, containing, or consisting of a bioengineered duced from, containing, or consisting of a bioengi- organism, the labeling of natural foods, and for other neered organism, and the labeling of natural foods. purposes, and providing for consideration of the bill Page H5308 (H.R. 1734) to amend subtitle D of the Solid Waste Disposal Act to encourage recovery and beneficial Recess: The House recessed at 5:12 p.m. and recon- vened at 5:42 p.m. Page H5312 use of coal combustion residuals and establish re- quirements for the proper management and disposal Recess: The House recessed at 5:57 p.m. and recon- of coal combustion residuals that are protective of vened at 6:30 p.m. Page H5314 human health and the environment (H. Rept. Moment of Silence: The House observed a moment 114–216). Page H5329 of silence in honor of the U.S. Marine and U.S. Speaker: Read a letter from the Speaker wherein he Navy victims of the Chattanooga, TN tragedy. appointed Representative Curbelo (FL) to act as Page H5315 Speaker pro tempore for today. Page H5299 Presidential Message: Read a message from the Recess: The House recessed at 12:24 p.m. and re- President wherein he notified Congress that the na- tional emergency declared in Executive Order 13581 convened at 2 p.m. Page H5302 with respect to significant transnational criminal or- Recess: The House recessed at 2:14 p.m and recon- ganizations is to continue in effect beyond July 24, vened at 4:31 p.m. Page H5303 2015—referred to the Committee on Foreign Affairs Suspensions: The House agreed to suspend the rules and ordered to be printed (H. Doc. 114–49). and pass the following measures: Page H5312 Veterans Information Modernization Act: H.R. Senate Message: Message received from the Senate 2256, amended, to amend title 38, United States by the Clerk and subsequently presented to the Code, to direct the Secretary of Veterans Affairs to House today appears on page H5303. submit an annual report on the Veterans Health Ad- Senate Referral: S. 1177 was held at the desk. ministration and the furnishing of hospital care, Page H5303 medical services, and nursing home care by the De- 2 Quorum Calls—Votes: Two yea-and-nay votes de- partment of Veterans Affairs, by a ⁄3 yea-and-nay veloped during the proceedings of today and appear vote of 408 yeas with none voting ‘‘nay’’, Roll No. on pages H5315, H5316. There were no quorum 449; Pages H5304–08, H5316 calls. Agreed to amend the title so as to read: ‘‘To amend title 38, United States Code, to direct the Adjournment: The House met at 12 noon and ad- Secretary of Veterans Affairs to submit an annual re- journed at 9:07 p.m. port on the Veterans Health Administration, to pro- vide for the identification and tracking of biological Committee Meetings implants used in Department of Veterans Affairs fa- D.C. METRO: UPDATE cilities, and for other purposes.’’. Page H5316 Committee On Oversight and Government Reform: Sub- Federal Employee Antidiscrimination Act of committee on Transportation and Public Assets; and 2015: H.R. 1557, to amend the Notification and Subcommittee on Government Operations, held a Federal Employee Antidiscrimination and Retaliation joint hearing entitled ‘‘D.C. Metro: Update’’. Testi- Act of 2002 to strengthen Federal antidiscrimination mony was heard from T. Bella Dinh-Zarr, Vice laws enforced by the Equal Employment Oppor- Chairman, National Transportation Safety Board; and tunity Commission and expand accountability within public witnesses.

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SAFE AND ACCURATE FOOD LABELING heard from Representatives Shimkus, Tonko, ACT OF 2015; IMPROVING COAL Pompeo, Peterson, and Pingree of Maine. COMBUSTION RESIDUALS REGULATION LACK OF OVERSIGHT OF INTERAGENCY ACT OF 2015 AGREEMENTS—VA PROCUREMENT Committee on Rules: Full Committee held a hearing on FAILURES CONTINUED H.R. 1599, the ‘‘Safe and Accurate Food Labeling Committee on Veterans’ Affairs: Subcommittee on Over- Act of 2015’’; and H.R. 1734, the ‘‘Improving Coal sight and Investigations held a hearing entitled Combustion Residuals Regulation Act of 2015’’. The ‘‘Lack of Oversight of Interagency Agreements—VA committee granted, by record vote of 9–4, a struc- Procurement Failures Continued’’. Testimony was tured rule for H.R. 1599. The rule provides one heard from C. Ford Heard III, Associate Deputy As- hour of general debate equally divided and con- sistant Secretary, Procurement Policy, Systems and trolled by the chair and ranking minority member Oversight, Department of Veterans Affairs; and of the Committee on Energy and Commerce. The Michele Mackin, Director, Acquisition and Sourcing rule waives all points of order against consideration Management Team, Government Accountability Of- of the bill. The rule makes in order as original text fice. for purpose of amendment an amendment in the na- ture of a substitute consisting of the text of Rules Committee Print 114–24, modified by the amend- Joint Meetings ment printed in part A of the Rules Committee re- No joint committee meetings were held. port, and provides that it shall be considered as read. f The rule waives all points of order against that COMMITTEE MEETINGS FOR WEDNESDAY, amendment in the nature of a substitute. The rule JULY 22, 2015 makes in order only those further amendments print- ed in part B of the Rules Committee report. Each (Committee meetings are open unless otherwise indicated) such amendment may be offered only in the order Senate printed in the report, may be offered only by a Member designated in the report, shall be considered Committee on Appropriations: Subcommittee on Financial Services and General Government, business meeting to as read, shall be debatable for the time specified in markup an original bill entitled, ‘‘Financial Services and the report equally divided and controlled by the pro- General Government Appropriations Act, 2016’’, 10:30 ponent and an opponent, shall not be subject to a.m., SD–138. amendment, and shall not be subject to a demand Committee on Banking, Housing, and Urban Affairs: Sub- for division of the question. The rule waives all committee on Securities, Insurance, and Investment, to points of order against the amendments printed in hold an oversight hearing to examine the Financial Sta- part B of the report. The rule provides one motion bility Oversight Council designation process, 10:15 a.m., to recommit with or without instructions. The rule SD–538. also grants a structured rule for H.R. 1734. The rule Committee on Commerce, Science, and Transportation: to provides one hour of general debate equally divided hold hearings to examine the nomination of Marie The- and controlled by the chair and ranking minority rese Dominguez, of Virginia, to be Administrator of the member of the Committee on Energy and Com- Pipeline and Hazardous Materials Safety Administration, Department of Transportation, 10 a.m., SR–253. merce. The rule waives all points of order against Committee on Foreign Relations: to hold hearings to exam- consideration of the bill. The rule provides that the ine the nominations of Paul Wayne Jones, of Maryland, bill shall be considered as read. The rule waives all to be Ambassador to the Republic of , Hans G. points of order against provisions in the bill. The Klemm, of Michigan, to be Ambassador to Romania, rule makes in order only those amendments printed Kathleen Ann Doherty, of New York, to be Ambassador in part C of the Rules Committee report. Each such to the Republic of Cyprus, James Desmond Melville, Jr., amendment may be offered only in the order printed of New Jersey, to be Ambassador to the Republic of Es- in the report, may be offered only by a Member des- tonia, and Samuel D. Heins, of Minnesota, to be Ambas- ignated in the report, shall be considered as read, sador to the Kingdom of Norway, all of the Department shall be debatable for the time specified in the re- of State, and Thomas O. Melia, of Maryland, to be an As- port equally divided and controlled by the proponent sistant Administrator of the United States Agency for International Development, 2 p.m., SD–419. and an opponent, shall not be subject to amend- Committee on Health, Education, Labor, and Pensions: to ment, and shall not be subject to a demand for divi- hold hearings to examine reauthorizing the Higher Edu- sion of the question. The rule waives all points of cation Act, focusing on exploring barriers and opportuni- order against the amendments printed in part C of ties within innovation, 10 a.m., SD–430. the report. The rule provides one motion to recom- Committee on Homeland Security and Governmental Affairs: mit with or without instructions. Testimony was to hold hearings to examine protecting the electric grid

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from the potential threats of solar storms and electro- entitled ‘‘The Unfolding Crisis in Burundi’’, 12 p.m., magnetic pulse, 10 a.m., SD–342. 2200 Rayburn. Committee on Indian Affairs: business meeting to con- Committee on natural resources, Full Committee, hearing sider S. 1704, to amend the Indian Tribal Justice Act to entitled ‘‘An Analysis of the Obama Administration’s So- secure urgent resources vital to Indian victims of crime, cial Cost of Carbon’’, 10 a.m., 1324 Longworth. and S. 1776, to enhance tribal road safety; to be imme- Subcommittee on Indian, Insular and Alaska Native diately followed by an oversight hearing to examine safe- Affairs, hearing on H.R. 1880, the ‘‘Albuquerque Indian guarding the integrity of Indian gaming, 2:15 p.m., School Land Transfer Act’’; and H.R. 2388, the ‘‘Subsist- SH–216. ence Access Management Act of 2015’’, 2 p.m., 1334 Committee on the Judiciary: to hold hearings to examine Longworth. the nominations of John Michael Vazquez, to be United Committee on Oversight and Government Reform, Full Com- States District Judge for the District of New Jersey, Wil- mittee, markup on H.R. 598, the ‘‘Taxpayers Right-To- helmina Marie Wright, to be United States District Know Act’’; H.R. 2320, the ‘‘Federal Improper Payments Judge for the District of Minnesota, Paula Xinis, to be Coordination Act of 2015’’; H.R. 3089, the ‘‘Grants United States District Judge for the District of Maryland, Oversight and New Efficiency Act’’; H.R. 1613, the and Cono R. Namorato, of Virginia, to be an Assistant ‘‘Federal Vehicle Repair Cost Savings Act of 2015’’; S. Attorney General, Department of Justice, 10 a.m., 136, the ‘‘Gold Star Fathers Act of 2015’’; H.R. 3116, SD–226. the ‘‘Quarterly Financial Report Reauthorization Act’’; Subcommittee on Oversight, Agency Action, Federal H.R. 322, to designate the facility of the United States Rights and Federal Courts, to hold hearings to examine Postal Service located at 16105 Swingley Ridge Road in Supreme Court activism and possible solutions, 1:30 Chesterfield, Missouri, as the ‘‘Sgt. Zachary M. Fisher p.m., SD–226. Post Office’’; H.R. 323, to designate the facility of the Committee on Small Business and Entrepreneurship: to hold United States Postal Service located at 55 Grasso Plaza in hearings to examine targeted tax reform, focusing on so- St. Louis, Missouri, as the ‘‘Sgt. Amanda N. Pinson Post lutions to relieve the tax compliance burden for America’s Office’’; H.R. 324, to designate the facility of the United small businesses, 10 a.m., SR–428A. States Postal Service located at 11662 Gravois Road in St. Committee on Veterans’ Affairs: business meeting to Louis, Missouri, as the ‘‘Lt. Daniel P. Riordan Post Of- markup pending calendar business, 2:30 p.m., SR–418. fice’’; H.R. 558, to designate the facility of the United Special Committee on Aging: to hold hearings to examine States Postal Service located at 55 South Pioneer Boule- combating medicare provider enrollment fraud, 2:15 vard in Springboro, Ohio, as the ‘‘Richard ’Dick’ p.m., SD–562. Chenault Post Office’’; H.R. 1884, to designate the facil- ity of the United States Postal Service located at 206 House West Commercial Street in East Rochester, New York, as Committee on Agriculture Full Committee, hearing enti- the ‘‘Officer Daryl R. Pierson Memorial Post Office’’; and tled ‘‘Oversight of the U.S. Department of Agriculture’’, H.R. 3059, to designate the facility of the United States 10 a.m., 1300 Longworth. Postal Service located at 4500 SE 28th Street, Del City, Committee on Education and the Workforce, Full Com- Oklahoma, as the ‘‘James Robert Kalsu Post Office’’, 10 mittee, markup on H.R. 511, the ‘‘Tribal Labor Sov- a.m., 2154 Rayburn. ereignty Act of 2015’’, 10 a.m., 2175 Rayburn. Committee on Rules, Full Committee, hearing on H.R. Committee on Energy and Commerce, Subcommittee on En- 3009, the ‘‘Enforce the Law for Sanctuary Cities Act’’, ergy and Power, markup on a bill to modernize energy 4:30 p.m., H–313 Capitol. infrastructure, build a 21st century energy and manufac- Committee on Small Business, Full Committee, hearing turing workforce, bolster America’s energy security and entitled ‘‘How Tax Compliance Obligations Hinder Small diplomacy, promote energy efficiency and government ac- Business Growth’’, 11 a.m., 2360 Rayburn. countability, and for other purposes, 10 a.m., 2123 Ray- Committee on Transportation and Infrastructure, Sub- burn. committee on Water Resources and Environment, hearing Subcommittee on Communications and Technology, entitled ‘‘Helping Revitalize American Communities hearing entitled ‘‘Promoting Broadband Infrastructure In- Through the Brownfields Program’’, 10 a.m., 2167 Ray- vestment’’, 12:30 p.m., 2322 Rayburn. burn. Committee on Financial Services, Subcommittee on Mone- Committee on Veterans’ Affairs, Full Committee, hearing tary Policy and Trade, hearing entitled ‘‘Examining Fed- to receive the Secretary’s testimony regarding the pending eral Reserve Reform Proposals’’, 10 a.m., 2128 Rayburn. VA health care budget shortfall and system shutdown, 10 Task Force to Investigate Terrorism Financing, hearing a.m., 334 Cannon. entitled ‘‘The Iran Nuclear Deal and Its Impact on Ter- Subcommittee on Health, markup on H.R. 272, the rorism Financing’’, 4:15 p.m., 2128 Rayburn. ‘‘Medal of Honor Priority Care Act’’; H.R. 359, the ‘‘Vet- Committee on Foreign Affairs, Subcommittee on the Mid- erans Dog Training Therapy Act’’; H.R. 421, the ‘‘Classi- dle East and North Africa, hearing entitled ‘‘Promoting fied Veterans Access to Care Act’’; H.R. 423, the ‘‘New- U.S. Commerce in the Middle East and North Africa’’, born Care Improvement Act’’; H.R. 1356, the ‘‘Women 10 a.m., 2172 Rayburn. Veterans Access to Quality Care Act of 2015’’; H.R. Subcommittee on Africa, Global Health, Global 1862, the ‘‘Veterans’ Credit Protection Act’’; H.R. 2464, Human Rights, and International Organizations, hearing the ‘‘Demanding Accountability for Veterans Act of

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2015’’; H.R. 2915, the ‘‘Female Veteran Suicide Preven- ville, Jr., of New Jersey, to be Ambassador to the Repub- tion Act’’; H.R. 3016, the ‘‘VA Provider Equity Act’’; lic of Estonia, and Samuel D. Heins, of Minnesota, to be and H.R. 3106, to authorize Department major medical Ambassador to the Kingdom of Norway, all of the De- facility construction projects for fiscal year 2015, to partment of State, and Thomas O. Melia, of Maryland, to amend title 38, United States Code, to make certain im- be an Assistant Administrator of the United States Agen- provements in the administration of Department medical cy for International Development, 2 p.m., SD–419. facility construction projects, and for other purposes, 1:30 July 23, Full Committee, to hold hearings to examine p.m., 334 Cannon. Iran nuclear agreement review, 10 a.m., SD–G50. Committee on Ways and Means, Subcommittee on Health, Committee on Health, Education, Labor, and Pensions: July hearing with MedPAC to discuss hospital payment issues, 22, to hold hearings to examine reauthorizing the Higher rural health issues, and beneficiary access to care, 10 a.m., Education Act, focusing on exploring barriers and oppor- B–318 Rayburn. tunities within innovation, 10 a.m., SD–430. f July 23, Full Committee, to hold hearings to examine health information technology, focusing on information CONGRESSIONAL PROGRAM AHEAD blocking and potential solutions, 10 a.m., SD–430. Week of July 22 through July 24, 2015 Committee on Homeland Security and Governmental Affairs: July 22, to hold hearings to examine protecting the elec- Senate Chamber tric grid from the potential threats of solar storms and During the balance of the week, Senate may con- electromagnetic pulse, 10 a.m., SD–342. sider H.R. 22, Hire More Heroes Act, and any July 23, Full Committee, to hold hearings to examine cleared legislative and executive business. the nomination of Denise Turner Roth, of North Caro- lina, to be Administrator of General Services, General Senate Committees Services Administration, 10 a.m., SD–342. (Committee meetings are open unless otherwise indicated) Committee on Indian Affairs: July 22, business meeting to consider S. 1704, to amend the Indian Tribal Justice Committee on Appropriations: July 22, Subcommittee on Act to secure urgent resources vital to Indian victims of Financial Services and General Government, business crime, and S. 1776, to enhance tribal road safety; to be meeting to markup an original bill entitled, ‘‘Financial immediately followed by an oversight hearing to examine Services and General Government Appropriations Act, safeguarding the integrity of Indian gaming, 2:15 p.m., 2016’’, 10:30 a.m., SD–138. SH–216. July 23, Full Committee, business meeting to markup Committee on the Judiciary: July 22, to hold hearings to an original bill entitled, ‘‘Financial Services and General examine the nominations of John Michael Vazquez, to be Government Appropriations Act, 2016’’, 10:30 a.m., SD–106. United States District Judge for the District of New Jer- Committee on Armed Services: July 23, to hold hearings sey, Wilhelmina Marie Wright, to be United States Dis- to examine the nomination of Lieutenant General Robert trict Judge for the District of Minnesota, Paula Xinis, to B. Neller, USMC, to be General and Commandant of the be United States District Judge for the District of Mary- Marine Corps, 9:30 a.m., SH–216. land, and Cono R. Namorato, of Virginia, to be an As- Committee on Banking, Housing, and Urban Affairs: July sistant Attorney General, Department of Justice, 10 a.m., 22, Subcommittee on Securities, Insurance, and Invest- SD–226. ment, to hold an oversight hearing to examine the Finan- July 22, Subcommittee on Oversight, Agency Action, cial Stability Oversight Council designation process, Federal Rights and Federal Courts, to hold hearings to 10:15 a.m., SD–538. examine Supreme Court activism and possible solutions, July 23, Full Committee, to hold hearings to examine 1:30 p.m., SD–226. measuring the systemic importance of United States bank July 23, Full Committee, business meeting to consider holding companies, 9:30 a.m., SD–538. S. 1169, to reauthorize and improve the Juvenile Justice Committee on Commerce, Science, and Transportation: July and Delinquency Prevention Act of 1974, 10 a.m., 22, to hold hearings to examine the nomination of Marie SD–226. Therese Dominguez, of Virginia, to be Administrator of July 23, Subcommittee on the Constitution, to hold the Pipeline and Hazardous Materials Safety Administra- hearings to examine Dodd-Frank at five years, 2 p.m., tion, Department of Transportation, 10 a.m., SR–253. SD–226. Committee on Finance: July 23, to hold hearings to ex- Committee on Small Business and Entrepreneurship: July 22, amine the nomination of W. Thomas Reeder, Jr., of Vir- to hold hearings to examine targeted tax reform, focusing ginia, to be Director of the Pension Benefit Guaranty on solutions to relieve the tax compliance burden for Corporation, 10 a.m., SD–215. America’s small businesses, 10 a.m., SR–428A. Committee on Foreign Relations: July 22, to hold hearings Committee on Veterans’ Affairs: July 22, business meeting to examine the nominations of Paul Wayne Jones, of to markup pending calendar business, 2:30 p.m., Maryland, to be Ambassador to the Republic of Poland, SR–418. Hans G. Klemm, of Michigan, to be Ambassador to Ro- Select Committee on Intelligence: July 23, to hold closed mania, Kathleen Ann Doherty, of New York, to be Am- hearings to examine certain intelligence matters, 2:30 bassador to the Republic of Cyprus, James Desmond Mel- p.m., SH–219.

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Special Committee on Aging: July 22, to hold hearings to Committee on Natural Resources, July 23, Subcommittee examine combating medicare provider enrollment fraud, on Federal Lands, hearing entitled ‘‘New and Innovative 2:15 p.m., SD–562. Ideas for the Next Century of Our National Parks’’, 10 House Committees a.m., 1324 Longworth. July 23, Subcommittee on Water, Power and Oceans, Committee on Education and the Workforce, July 23, Sub- hearing on H.R. 564, the ‘‘Endangered Salmon and Fish- committee on Workforce Protections, hearing entitled eries Predation Prevention Act’’; H.R. 1772, the ‘‘Dela- ‘‘Examining the Costs and Consequences of the Adminis- ware River Basin Conservation Act of 2015’’; and H.R. tration’s Overtime Proposal’’, 10 a.m., 2175 Rayburn. 2168, the ‘‘West Coast Dungeness Crab Management Committee on Energy and Commerce, July 23, Sub- Act’’, 10:30 a.m., 1334 Longworth. committee on Health, markup on H.R. 1344, the ‘‘Early Committee on Oversight and Government Reform, July 23, Hearing Detection and Intervention Act’’; H.R. 1462, the Subcommittee on the Interior, hearing entitled ‘‘Modern- ‘‘Protecting Our Infants Act’’; H.R. 1725, the ‘‘National All Schedules Prescription Electronic Reporting Reau- izing the National Park Service Concession Program’’, 9 thorization Act (NASPER’’; and H.R. 2820, the ‘‘Stem a.m., 2154 Rayburn. Cell Therapeutic and Research Reauthorization Act’’, 10 July 23, Full Committee, hearing entitled ‘‘Export-Im- a.m., 2123 Rayburn. port Bank: Update’’, 12 p.m., 2154 Rayburn. Committee on Financial Services, July 23, Full Committee, July 24, Subcommittee on Information Technology; hearing entitled ‘‘Ending ‘Too Big to Fail’: What is the and Subcommittee on Government Operations, hearing Proper Role of Capital and Liquidity?’’, 10 a.m., 2128 entitled ‘‘DATA Act Implementation’’, 9:30 a.m., 2154 Rayburn. Rayburn. July 24, Subcommittee on Financial Institutions and Committee on Science, Space, and Technology, July 23, Sub- Consumer Credit, hearing entitled ‘‘National Credit committee on Energy; and Subcommittee on Oversight, Union Administration Operations and Budget’’, 9:15 joint hearing entitled ‘‘The EPA Renewable Fuel Stand- a.m., 2128 Rayburn. ard Mandate’’, 10 a.m., 2318 Rayburn. Committee on Foreign Affairs, July 23, Subcommittee on Committee on Small Business, July 23, Subcommittee on Asia and the Pacific, hearing entitled ‘‘America’s Security Health and Technology, hearing entitled ‘‘Modern Tools Role in the South China Sea’’, 2 p.m., 2172 Rayburn. in a Modern World: How App Technology is Benefitting July 23, Subcommittee on Europe, Eurasia, and Small Businesses’’, 10 a.m., 2360 Rayburn. Emerging Threats, hearing entitled ‘‘The Threat of Committee on Transportation and Infrastructure, July 23, Islamist Extremism: Possible U.S.-Russia Cooperation?’’, Full Committee, markup on General Services Administra- 2 p.m., 2255 Rayburn. tion Capital Investment and Leasing Program Resolu- July 23, Full Committee, hearing entitled ‘‘Implica- tions; H.R. 2954, to designate the Federal building lo- tions of a Nuclear Agreement with Iran, Part III’’, 9 cated at 617 Walnut Street in Helena, Arkansas, as the a.m., 2172 Rayburn. ‘‘Jacob Trieber Federal Building, United States Post Of- July 23, Subcommittee on the Western Hemisphere, fice, and United States Court House’’; S. 261, to des- hearing entitled ‘‘Pursuing North American Energy Inde- ignate the United States courthouse located at 200 NW pendence: Mexico’s Energy Reforms’’, 2 p.m., 2200 Ray- 4th Street in Oklahoma City, Oklahoma, as the William burn. Committee on Homeland Security, July 23, Subcommittee J. Holloway, Jr., United States Courthouse; a bill to pro- on Transportation Security, markup on H.R. 3102, the vide funds to the Army Corps of Engineers to hire vet- ‘‘Airport Access Control Security Improvement Act of erans and members of the Armed Forces to assist the 2015’’; a Committee Print consisting of the ‘‘Transpor- Corps with curation and historic preservation activities, tation Security Administration Reform and Improvement and for other purposes; and other matters cleared for con- Act of 2015’’; and the ‘‘Partners for Aviation Security sideration, 10 a.m., 2167 Rayburn. Act’’, 10 a.m., 311 Cannon. Committee on Ways and Means, July 23, Subcommittee Committee on the Judiciary, July 23, Subcommittee on on Oversight, hearing on the Internal Revenue Service’s Immigration and Border Security, business meeting to re- audit selection process and internal controls within the quest Department of Homeland Security departmental re- Tax Exempt and Government Entities division, 10 a.m., ports on the beneficiaries of H.R. 422, for the relief of 1100 Longworth. Corina de Chalup Turcinovic; and H.R. 396, for the relief Permanent Select Committee on Intelligence, July 23, Sub- of Maria Carmen Castro Ramirez and J. Refugio Carreno committee on Department of Defense Intelligence and Rojas; and hearing entitled ‘‘Sanctuary Cities: a Threat to Overhead Architecture, hearing on ongoing intelligence Public Safety’’, 10 a.m., 2141 Rayburn. activities, 9 a.m., HVC–304. This hearing will be closed.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, July 22 10 a.m., Wednesday, July 22

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Wednesday: Consideration of H.R. morning business. 1734—Improving Coal Combustion Residuals Regulation Act of 2015 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Israel, Steve, N.Y., E1094 Pocan, Mark, Wisc., E1088 Jackson Lee, Sheila, Tex., E1089, E1090 Richmond, Cedric L., La., E1093 Barr, Andy, Ky., E1089 Kildee, Daniel T., Mich., E1085 Sewell, Terri A., Ala., E1094 Blumenauer, Earl, Ore., E1093 Lee, Barbara, Calif., E1092 Shuster, Bill, Pa., E1087, E1087 Buck, Ken, Colo., E1090 Long, Billy, Mo., E1089, E1091 Smith, Christopher H., N.J., E1086, E1091 Coffman, Mike, Colo., E1089 Luetkemeyer, Blaine, Mo., E1085, E1087 Veasey, Marc A., Tex., E1089 Davis, Rodney, Ill., E1088, E1090 Maloney, Carolyn B., N.Y., E1093 Visclosky, Peter J., Ind., E1085 Duffy, Sean, P., Wisc., E1092 McMorris Rodgers, Cathy, Wash., E1090 Webster, Daniel, Fla., E1093 Ellison, Keith, Minn., E1087 Miller, Jeff, Fla., E1085 Young, David, Iowa, E1089, E1090, E1091, E1092, E1093, Fitzpatrick, Michael G., Pa., E1091 Moore, Gwen, Wisc., E1088 E1093, E1094 Grijalva, Rau´ l M., Ariz., E1088 Olson, Pete, Tex., E1094, E1094 Zeldin, Lee M., N.Y., E1092

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