[Congressional Record Volume 161, Number 10 (Wednesday, January 21, 2015)]
[Senate]
[Pages S353-S365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 78. Mr. BLUNT (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed by him to the bill S. 1, to approve the 
Keystone XL Pipeline; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING BILATERAL OR OTHER 
                   INTERNATIONAL AGREEMENTS REGARDING GREENHOUSE 
                   GAS EMISSIONS.

       (a) Findings.--The Senate makes the following findings:
       (1) On November 11, 2014, President Barack Obama and 
     President Xi Jinping of the People's Republic of China 
     announced the ``U.S.-China Joint Announcement on Climate 
     Change and Clean Energy Cooperation'' (in this section 
     referred to as the ``Agreement'') reflecting ``the principle 
     of common but differentiated responsibilities and respective 
     capabilities, in light of different national circumstances''.
       (2) The Agreement stated the United States intention to 
     reduce its greenhouse gas emissions by one-quarter by 2025 
     while allowing the People's Republic of China to double its 
     greenhouse gas emissions between now and 2030.
       (3) While coal fired electricity remains the least 
     expensive energy alternative, the reduction of coal use 
     because of the Agreement would result in a 25 percent 
     increase in electricity prices in the United States in 2025, 
     according to analysis conducted by the Energy Information 
     Administration.
       (4) The people of China will not see similar electricity 
     price increases as they continue to use low cost coal without 
     limit for the foreseeable future, at least until 2030.
       (5) Increases in the price of electricity can cause job 
     losses in the United States industrial sector, which includes 
     manufacturing, agriculture, and construction.
       (6) The price of electricity is a top consideration for job 
     creators when locating manufacturing facilities, especially 
     in energy-intensive manufacturing such as steel and aluminum 
     production.
       (7) Requiring mandatory cuts in greenhouse gas emissions in 
     the United States while allowing nations such as China and 
     India to increase their greenhouse gas emissions results in 
     jobs moving from the United States to other countries, 
     especially to China and India, and is economically unfair.
       (8) Imposing disparate greenhouse gas emissions commitments 
     for the United States and countries such as China and India 
     is environmentally irresponsible because it results in 
     greater emissions as businesses move to countries with less 
     stringent standards.
       (9) Union members, families, consumers, communities, and 
     local institutions like schools, hospitals, and churches are 
     hurt by the resulting job losses.
       (10) The poor, the elderly, and those on fixed incomes are 
     hurt the most by the President's promised increased 
     electricity rates.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--

[[Page S354]]

       (1) the Agreement negotiated between the President and the 
     President of the People's Republic of China has no force and 
     effect in the United States;
       (2) the Agreement between the President and the President 
     of the People's Republic of China is a bad deal for United 
     States consumers, workers, families, and communities, and is 
     economically unfair and environmentally irresponsible;
       (3) the Agreement, as well as any other bilateral or 
     international agreement regarding greenhouse gas emissions 
     such as the United Nation's Framework Convention on Climate 
     Change in Paris in December 2015, requires the advice and 
     consent of the Senate and must be accompanied by a detailed 
     explanation of any legislation or regulatory actions that may 
     be required to implement the Agreement and an analysis of the 
     detailed financial costs and other impacts on the economy of 
     the United States which would be incurred by the 
     implementation of the Agreement;
       (4) the United States should not be a signatory to any 
     bilateral or other international agreement on greenhouse 
     gases if it would result in serious harm to the economy of 
     the United States; and
       (5) the United States should not agree to any bilateral or 
     other international agreement imposing disparate greenhouse 
     gas commitments for the United States and other countries.
                                 ______
                                 
  SA 79. Mr. BLUNT submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STUDY ON COMMUNITY AND INDIVIDUAL AFFORDABILITY.

       (a) Definitions.--In this section:
       (1) Academy.--The term ``Academy'' means the National 
     Academy of Public Administration, an independent, 
     nonpartisan, and nonprofit organization chartered by 
     Congress.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (b) Study.--
       (1) In general.--The Administrator shall contract with the 
     Academy to conduct an independent study to create a 
     definition of and framework for the term ``community and 
     individual affordability''.
       (2) Requirements.--In conducting the study, the Academy 
     shall--
       (A) consult with--
       (i) the Administrator;
       (ii) State and local governments;
       (iii) organizations that specialize in affordability 
     issues; and
       (iv) popularly elected governance organizations such as the 
     National Association of Counties, the National League of 
     Cities, and the United States Conference of Mayors;
       (B) review existing studies of the costs associated with 
     major regulations under such laws as--
       (i) the Clean Air Act (42 U.S.C. 7401 et seq.);
       (ii) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.);
       (iii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (iv) the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.); and
       (v) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
     (commonly known as the ``Resource Conservation and Recovery 
     Act of 1976''); and
       (C) recommend a new affordability threshold and describe 
     how different localities can effectively fund municipal 
     projects.
       (3) Timing.--The Administrator shall contract with the 
     Academy not later than 60 days after the date of enactment of 
     this Act.
       (c) Report.--Not later than 1 year after entering into an 
     arrangement with the Administrator under subsection (b)(1), 
     the Academy shall submit to Congress and the Administrator a 
     report that includes the findings, conclusions, and 
     recommendations of the Academy.
                                 ______
                                 
  SA 80. Mr. VITTER (for himself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 2 proposed by Ms. 
Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, 
Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. 
Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, to approve 
the Keystone XL Pipeline; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

        DIVISION B--OUTER CONTINENTAL SHELF OIL AND GAS LEASING

      TITLE I--OUTER CONTINENTAL SHELF OIL AND GAS LEASING REVENUE

     SEC. 101. EXTENSION OF OUTER CONTINENTAL SHELF OIL AND GAS 
                   LEASING PROGRAM.

       (a) In General.--Subject to subsection (c), the Draft 
     Proposed Outer Continental Shelf Oil and Gas Leasing Program 
     2010-2015 issued by the Secretary of the Interior (referred 
     to in this section as the ``Secretary'') under section 18 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1344) shall 
     be considered to be the final oil and gas leasing program 
     under that section for the period of fiscal years 2015 
     through 2020.
       (b) Final Environmental Impact Statement.--The Secretary is 
     considered to have issued a final environmental impact 
     statement for the program applicable to the period described 
     in subsection (a) in accordance with all requirements under 
     section 102(2)(C) of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332(2)(C)).
       (c) Exceptions.--Lease Sales 214, 232, and 239 shall not be 
     included in the final oil and gas leasing program for the 
     period of fiscal years 2015 through 2020.
       (d) Eastern Gulf of Mexico Not Included.--Nothing in this 
     section affects restrictions on oil and gas leasing under the 
     Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 
     note; Public Law 109-432).

     SEC. 102. REVENUE SHARING FROM OUTER CONTINENTAL SHELF WIND 
                   ENERGY PRODUCTION FACILITIES.

       The first sentence of section 8(p)(2)(B) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)(B)) is 
     amended by inserting after ``27 percent'' the following: ``, 
     or, in the case of projects for offshore wind energy 
     production facilities, 37.5 percent''.

     SEC. 103. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS.

       Section 18(a) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344(a)) is amended by adding at the end the 
     following:
       ``(5)(A) In each oil and gas leasing program under this 
     section, the Secretary shall make available for leasing and 
     conduct lease sales including at least 50 percent of the 
     available unleased acreage within each outer Continental 
     Shelf planning area (other than the North Aleutian Basin 
     planning area or the North Atlantic planning area) considered 
     to have the largest undiscovered, technically recoverable oil 
     and gas resources (on a total btu basis) based on the most 
     recent national geologic assessment of the outer Continental 
     Shelf, with an emphasis on offering the most geologically 
     prospective parts of the planning area.
       ``(B) The Secretary shall include in each proposed oil and 
     gas leasing program under this section any State subdivision 
     of an outer Continental Shelf planning area (other than the 
     North Aleutian Basin planning area or the North Atlantic 
     planning area) that the Governor of the State that represents 
     that subdivision requests be made available for leasing. The 
     Secretary may not remove such a subdivision from the program 
     until publication of the final program, and shall include and 
     consider all such subdivisions in any environmental review 
     conducted and statement prepared for such program under 
     section 102(2) of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332(2)).
       ``(C) In this paragraph, the term `available unleased 
     acreage' means that portion of the outer Continental Shelf 
     that is not under lease at the time of a proposed lease sale, 
     and that has not otherwise been made unavailable for leasing 
     by law.
       ``(6)(A) In the 5-year oil and gas leasing program, the 
     Secretary shall make available for leasing any outer 
     Continental Shelf planning area (other than the North 
     Aleutian Basin planning area or the North Atlantic planning 
     area) that--
       ``(i) is estimated to contain more than 2,500,000,000 
     barrels of oil; or
       ``(ii) is estimated to contain more than 7,500,000,000,000 
     cubic feet of natural gas.
       ``(B) To determine the planning areas described in 
     subparagraph (A), the Secretary shall use the document 
     entitled `Minerals Management Service Assessment of 
     Undiscovered Technically Recoverable Oil and Gas Resources of 
     the Nation's Outer Continental Shelf, 2006'.''.

     SEC. 104. DISPOSITION OF REVENUES.

       (a) Definitions.--Section 102 of the Gulf of Mexico Energy 
     Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-
     432) is amended--
       (1) by redesignating paragraphs (5) through (11) as 
     paragraphs (6) through (12), respectively;
       (2) by inserting after paragraph (4) the following:
       ``(5) Coastal state.--The term `coastal State' means--
       ``(A) each of the Gulf producing States; and
       ``(B) effective for fiscal year 2016 and each fiscal year 
     thereafter--
       ``(i) the State of Alaska; and
       ``(ii) each of the States of North Carolina, South 
     Carolina, and Virginia.'';
       (3) in paragraph (10) (as so redesignated), by striking 
     subparagraph (A) and inserting the following:
       ``(A) In general.--The term `qualified outer Continental 
     Shelf revenues' means all rentals, royalties, bonus bids, and 
     other sums due and payable to the United States from leases 
     entered into on or after--
       ``(i) December 20, 2006, with respect to the Gulf producing 
     States; and
       ``(ii) October 1, 2015, with respect to--

       ``(I) the State of Alaska; and
       ``(II) each of the coastal States described in paragraph 
     (5)(B)(ii).''; and

       (4) in paragraph (11) (as so redesignated), by striking 
     ``Gulf producing State'' each place it appears and inserting 
     ``coastal State''.
       (b) Disposition of Revenues.--Section 105 of the Gulf of 
     Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
     Public Law 109-432) is amended--
       (1) in the section heading, by striking ``FROM 181 AREA, 
     181 SOUTH AREA, AND 2002-2007 PLANNING AREAS OF GULF OF 
     MEXICO'';
       (2) by striking ``Gulf producing State'' each place it 
     appears (other than paragraphs (1) and (2) of subsection (b)) 
     and inserting ``coastal State'';

[[Page S355]]

       (3) in subsection (a), by striking paragraph (2) and 
     inserting the following:
       ``(2) 50 percent of qualified outer Continental Shelf 
     revenues in a special account in the Treasury from which the 
     Secretary shall disburse--
       ``(A) in the case of qualified outer Continental Shelf 
     revenues generated from outer Continental Shelf areas 
     adjacent to Gulf producing States--
       ``(i) 75 percent to Gulf producing States in accordance 
     with subsection (b); and
       ``(ii) 25 percent to provide financial assistance to States 
     in accordance with section 200305 of title 54, United States 
     Code, which shall be considered income to the Land and Water 
     Conservation Fund for purposes of section 200302 of that 
     title; and
       ``(B) in the case of qualified outer Continental Shelf 
     revenues generated from outer Continental Shelf areas 
     adjacent to coastal States described in section section 
     102(5)(B), 100 percent to the coastal States in accordance 
     with subsection (b).'';
       (4) in subsection (b)--
       (A) in the subsection heading, by striking ``Gulf Producing 
     States'' and inserting ``Coastal States'';
       (B) by redesignating paragraph (3) as paragraph (4);
       (C) by inserting after paragraph (2) the following:
       ``(3) Allocation among certain atlantic states and the 
     state of alaska for fiscal year 2016 and thereafter.--
       ``(A) In general.--Subject to subparagraph (B), effective 
     for fiscal years 2016 and each fiscal year thereafter, the 
     amount made available under subsection (a)(2)(B) shall be 
     allocated to each coastal State described in section 
     102(5)(B) in amounts (based on a formula established by the 
     Secretary by regulation) that are inversely proportional to 
     the respective distances between the point on the coastline 
     of each coastal State described in section 102(5)(B) that is 
     closest to the geographic center of the applicable leased 
     tract and the geographic center of the leased tract.
       ``(B) Minimum allocation.--The amount allocated to a 
     coastal State described in section 102(5)(B) each fiscal year 
     under subparagraph (A) shall be at least 10 percent of the 
     amounts available under subsection (a)(2)(B).''; and
       (D) in paragraph (4) (as redesignated by subparagraph (B)), 
     by striking ``paragraphs (1) and (2)'' and inserting 
     ``paragraphs (1), (2), and (3)''; and
       (5) in subsection (f), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--Subject to paragraph (2), the total 
     amount of qualified outer Continental Shelf revenues made 
     available to coastal States under subsection (a)(2) shall not 
     exceed--
       ``(A) in the case of the coastal States described in 
     section 102(5)(A)--
       ``(i) $500,000 for fiscal year 2016; and
       ``(ii) $699,000,000 for each of fiscal years 2017 through 
     2054;
       ``(B) in the case of the coastal States described in 
     section 102(5)(B)(ii)--
       ``(i) $100,000,000 for each of fiscal years 2016 though 
     2025; and
       ``(ii) $200,000,000 for each of fiscal years 2026 through 
     2065; and
       ``(C) in the case of the State of Alaska, $100,000,000 for 
     each of fiscal years 2016 through 2065.''.

                            TITLE II--OFFSET

     SEC. 201. FEDERAL WORKFORCE REDUCTION.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency''--
       (A) means an Executive agency, as defined under section 105 
     of title 5, United States Code; and
       (B) does not include the Government Accountability Office.
       (2) Applicable maximum.--The term ``applicable maximum'' 
     means--
       (A) in the case of a quarter before the target-attainment 
     quarter, the difference obtained by subtracting--
       (i) the product obtained by multiplying--

       (I) the number of Federal employees separating from 
     agencies during the period--

       (aa) beginning on the first day following the baseline 
     quarter; and
       (bb) ending on the last day of the quarter to which the 
     applicable maximum is being applied; by

       (II) \2/3\; from

       (ii) the total number of Federal employees determined for 
     the baseline quarter; and
       (B) in the case of the target-attainment quarter and any 
     quarter thereafter, the number equal to 90 percent of the 
     total number of Federal employees as of September 30, 2014.
       (3) Baseline quarter.--The term ``baseline quarter'' means 
     the quarter in which occurs the date of the enactment of this 
     Act.
       (4) Federal employee.--The term ``Federal employee'' means 
     an employee, as defined under section 2105 of title 5, United 
     States Code.
       (5) Quarter.--The term ``quarter'' means a period of 3 
     calendar months ending on March 31, June 30, September 30, or 
     December 31.
       (6) Target-attainment quarter.--The term ``target-
     attainment quarter'' means the earlier of--
       (A) the first quarter occurring after the baseline quarter 
     for which the total number of Federal employees does not 
     exceed 90 percent of the total number of Federal employees as 
     of September 30, 2014; or
       (B) the quarter ending on September 30, 2018.
       (7) Total number of federal employees.--The term ``total 
     number of Federal employees'' means the total number of 
     Federal employees in all agencies.
       (b) Workforce Limits and Reductions.--
       (1) In general.--The President, through the Office of 
     Management and Budget (in consultation with the Office of 
     Personnel Management), shall take appropriate measures to 
     ensure that, effective with respect to each quarter beginning 
     after the date of the enactment of this Act, the total number 
     of Federal employees determined for such quarter does not 
     exceed the applicable maximum for such quarter.
       (2) Method for achieving compliance.--
       (A) In general.--Except as provided in subparagraph (B), 
     any reductions necessary in order to achieve compliance with 
     paragraph (1) shall be made through attrition.
       (B) Exception.--If, for any quarter, the total number of 
     Federal employees exceeds the applicable maximum for such 
     quarter, until the first succeeding quarter for which such 
     total number is determined not to exceed the applicable 
     maximum for such succeeding quarter, reductions shall be made 
     through both attrition and a freeze on appointments.
       (3) Counting rules.--For purposes of this section--
       (A) any determination of the total number of Federal 
     employees or the number of Federal employees separating from 
     agencies shall be made--
       (i) on a full-time equivalent basis; and
       (ii) under subsection (d); and
       (B) any determination of the total number of Federal 
     employees for a quarter shall be made as of such date or 
     otherwise on such basis as the Office of Management of Budget 
     (in consultation with the Office of Personnel Management) 
     considers to be representative and feasible.
       (4) Waiver authority.--
       (A) In general.--The President may waive any provision of 
     this subsection, with respect to an individual appointment, 
     upon a determination by the President that such appointment 
     is necessary due to--
       (i) a state of war or for reasons of national security; or
       (ii) an extraordinary emergency threatening life, health, 
     safety, or property.
       (B) Nondelegation.--The authority under this paragraph may 
     not be delegated.
       (c) Limitation on Procurement of Service Contracts.--The 
     President, through the Office of Management and Budget (in 
     consultation with the Office of Personnel Management), shall 
     take appropriate measures to ensure that there is no increase 
     in the procurement of service contracts by reason of the 
     enactment of this section, except in cases in which a cost 
     comparison demonstrates that such contracts would be to the 
     financial advantage of the Government.
       (d) Monitoring and Notification.--The Office of Management 
     and Budget (in consultation with the Office of Personnel 
     Management) shall--
       (1) continuously monitor all agencies and, for each quarter 
     to which the requirements of subsection (b)(1) apply, 
     determine whether or not such requirements have been met; and
       (2) not later than 14 days after the end of each quarter 
     described in paragraph (1), submit to the President and each 
     House of Congress, a written determination as to whether or 
     not the requirements of subsection (b)(1) have been met.
       (e) Regulations.--The President may promulgate any 
     regulations necessary to carry out this section.

     SEC. 202. FEDERAL DEFICIT REDUCTION.

       Any savings generated as a result of section 201 that are 
     not needed to offset the costs of carrying out title I 
     (including any amendments made by title I) shall be deposited 
     in the Treasury and used for Federal budget deficit reduction 
     or, if there is no Federal budget deficit, for reducing the 
     Federal debt in such manner as the Secretary of the Treasury 
     considers appropriate.
                                 ______
                                 
  SA 81. Mr. MERKLEY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. APPLICATION.

       This Act shall not apply until the date on which the 
     President (or a designee) determines, in consultation with 
     the Chief of the Forest Service and other relevant Federal 
     agencies, that increased greenhouse gas emissions, including 
     emissions from the pipeline described in section 2(a), will 
     not contribute to any of the following:
       (1) An increased frequency of wildfires in the United 
     States.
       (2) An increased range of wildfires in the United States.
       (3) An increased severity of wildfires in the United 
     States.
       (4) An increased prevalence or frequency of invasive pests, 
     including the spruce beetle, the bark beetle, and the hemlock 
     woolly adelgid.
                                 ______
                                 
  SA 82. Mr. MERKLEY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.

[[Page S356]]

Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. APPLICATION.

       This Act shall not apply until the date on which the 
     President (or a designee) determines, in consultation with 
     the Secretary of Agriculture, and other relevant Federal 
     agencies, that increased greenhouse gas emissions, including 
     emissions from the pipeline described in section 2(a), will 
     not have a significant negative impact on farmers and 
     ranchers due to any of the following:
       (1) An increased frequency or severity of drought in the 
     United States.
       (2) An increased risk of invasive agricultural pests in the 
     United States.
       (3) A decrease in available irrigation water from reduced 
     snowpack in the United States.
                                 ______
                                 
  SA 83. Mrs. MURRAY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENHANCED PROTECTIONS FROM RETALIATION.

       (a) Applicability to Workers in the Oil and Gas Industry.--
     Section 11 of the Occupational Safety and Health Act of 1970 
     (29 U.S.C. 660) is amended by adding at the end the 
     following:
       ``(d) Provisions Applicable to Workers in the Oil and Gas 
     Industry.--
       ``(1) In general.--No person shall discharge or cause to be 
     discharged, or in any manner discriminate against or cause to 
     be discriminated against, any employee because--
       ``(A) such employee has filed any complaint or instituted 
     or caused to be instituted any proceeding under or related to 
     this Act;
       ``(B) such employee has testified or is about to testify 
     before Congress or in any Federal or State proceeding related 
     to safety or health;
       ``(C) such employee has refused to violate any provision of 
     this Act; or
       ``(D) of the exercise by such employee on behalf of himself 
     or others of any right afforded by this Act, including the 
     reporting of any injury, illness, or unsafe condition to the 
     employer, agent of the employer, safety and health committee 
     involved, or employee safety and health representative 
     involved.
       ``(2) Prohibition of retaliation.--
       ``(A) In general.--No person shall discharge, or cause to 
     be discharged, or in any manner discriminate against, or 
     cause to be discriminated against, an employee for refusing 
     to perform the employee's duties if the employee has a 
     reasonable apprehension that performing such duties would 
     result in serious injury to, or serious impairment of the 
     health of, the employee or other employees.
       ``(B) Good-faith belief.--For purposes of subparagraph (A), 
     the circumstances causing the employee's good-faith belief 
     that performing such duties would pose a safety or health 
     hazard shall be of such a nature that a reasonable person, 
     under the circumstances confronting the employee, would 
     conclude that there is such a hazard. In order to qualify for 
     protection under this paragraph, the employee, when 
     practicable, shall have communicated or attempted to 
     communicate the safety or health concern to the employer and 
     have not received from the employer a response reasonably 
     calculated to allay such concern.
       ``(3) Complaint.--Any employee who believes that the 
     employee has been discharged, disciplined, or otherwise 
     discriminated against by any person in violation of paragraph 
     (1) or (2) may seek relief for such violation by filing a 
     complaint with the Secretary under paragraph (5).
       ``(4) Statute of limitations.--
       ``(A) In general.--An employee may take the action 
     permitted by paragraph (3) not later than 180 days after the 
     later of--
       ``(i) the date on which an alleged violation of paragraph 
     (1) or (2) occurs; or
       ``(ii) the date on which the employee knows or should 
     reasonably have known that such alleged violation occurred.
       ``(B) Repeat violation.--Except in cases when the employee 
     has been discharged, a violation of paragraph (1) or (2) 
     shall be considered to have occurred on the last date an 
     alleged repeat violation occurred.
       ``(5) Investigation.--
       ``(A) In general.--An employee may, within the time period 
     required under paragraph (4), file a complaint with the 
     Secretary alleging a violation of paragraph (1) or (2). If 
     the complaint alleges a prima facie case, the Secretary shall 
     conduct an investigation of the allegations in the complaint, 
     which--
       ``(i) shall include--

       ``(I) interviewing the complainant;
       ``(II) providing the respondent an opportunity to--

       ``(aa) submit to the Secretary a written response to the 
     complaint; and
       ``(bb) meet with the Secretary to present statements from 
     witnesses or provide evidence; and

       ``(III) providing the complainant an opportunity to--

       ``(aa) receive any statements or evidence provided to the 
     Secretary;
       ``(bb) meet with the Secretary; and
       ``(cc) rebut any statements or evidence; and
       ``(ii) may include issuing subpoenas for the purposes of 
     such investigation.
       ``(B) Decision.--Not later than 90 days after the filing of 
     the complaint, the Secretary shall--
       ``(i) determine whether reasonable cause exists to believe 
     that a violation of paragraph (1) or (2) has occurred; and
       ``(ii) issue a decision granting or denying relief.
       ``(6) Preliminary order following investigation.--If, after 
     completion of an investigation under paragraph (5)(A), the 
     Secretary finds reasonable cause to believe that a violation 
     of paragraph (1) or (2) has occurred, the Secretary shall 
     issue a preliminary order providing relief authorized under 
     paragraph (14) at the same time the Secretary issues a 
     decision under paragraph (5)(B). If a de novo hearing is not 
     requested within the time period required under paragraph 
     (7)(A)(i), such preliminary order shall be deemed a final 
     order of the Secretary and is not subject to judicial review.
       ``(7) Hearing.--
       ``(A) Request for hearing.--
       ``(i) In general.--A de novo hearing on the record before 
     an administrative law judge may be requested--

       ``(I) by the complainant or respondent within 30 days after 
     receiving notification of a decision granting or denying 
     relief issued under paragraph (5)(B) or paragraph (6), 
     respectively;
       ``(II) by the complainant within 30 days after the date the 
     complaint is dismissed without investigation by the Secretary 
     under paragraph (5)(A); or
       ``(III) by the complainant within 120 days after the date 
     of filing the complaint, if the Secretary has not issued a 
     decision under paragraph (5)(B).

       ``(ii) Reinstatement order.--The request for a hearing 
     shall not operate to stay any preliminary reinstatement order 
     issued under paragraph (6).
       ``(B) Procedures.--
       ``(i) In general.--A hearing requested under this paragraph 
     shall be conducted expeditiously and in accordance with rules 
     established by the Secretary for hearings conducted by 
     administrative law judges.
       ``(ii) Subpoenas; production of evidence.--In conducting 
     any such hearing, the administrative law judge may issue 
     subpoenas. The respondent or complainant may request the 
     issuance of subpoenas that require the deposition of, or the 
     attendance and testimony of, witnesses and the production of 
     any evidence (including any books, papers, documents, or 
     recordings) relating to the matter under consideration.
       ``(iii) Decision.--The administrative law judge shall issue 
     a decision not later than 90 days after the date on which a 
     hearing was requested under this paragraph and promptly 
     notify, in writing, the parties and the Secretary of such 
     decision, including the findings of fact and conclusions of 
     law. If the administrative law judge finds that a violation 
     of paragraph (1) or (2) has occurred, the judge shall issue 
     an order for relief under paragraph (14). If review under 
     paragraph (8) is not timely requested, such order shall be 
     deemed a final order of the Secretary that is not subject to 
     judicial review.
       ``(8) Administrative appeal.--
       ``(A) In general.--Not later than 30 days after the date of 
     notification of a decision and order issued by an 
     administrative law judge under paragraph (7), the complainant 
     or respondent may file, with objections, an administrative 
     appeal with an administrative review body designated by the 
     Secretary (referred to in this paragraph as the `review 
     board').
       ``(B) Standard of review.--In reviewing the decision and 
     order of the administrative law judge, the review board shall 
     affirm the decision and order if it is determined that the 
     factual findings set forth therein are supported by 
     substantial evidence and the decision and order are made in 
     accordance with applicable law.
       ``(C) Decisions.--If the review board grants an 
     administrative appeal, the review board shall issue a final 
     decision and order affirming or reversing, in whole or in 
     part, the decision under review by not later than 90 days 
     after receipt of the administrative appeal. If it is 
     determined that a violation of paragraph (1) or (2) has 
     occurred, the review board shall issue a final decision and 
     order providing relief authorized under paragraph (14). Such 
     decision and order shall constitute final agency action with 
     respect to the matter appealed.
       ``(9) Settlement in the administrative process.--
       ``(A) In general.--At any time before issuance of a final 
     order, an investigation or proceeding under this subsection 
     may be terminated on the basis of a settlement agreement 
     entered into by the parties.
       ``(B) Public policy considerations.--Neither the Secretary, 
     an administrative law judge, nor the review board conducting 
     a hearing under this subsection shall accept a settlement 
     that contains conditions conflicting with the rights 
     protected under this

[[Page S357]]

     Act or that are contrary to public policy, including a 
     restriction on a complainant's right to future employment 
     with employers other than the specific employers named in a 
     complaint.
       ``(10) Inaction by the review board or administrative law 
     judge.--
       ``(A) In general.--The complainant may bring a de novo 
     action described in subparagraph (B) if--
       ``(i) an administrative law judge has not issued a decision 
     and order within the 90-day time period required under 
     paragraph (7)(B)(iii); or
       ``(ii) the review board has not issued a decision and order 
     within the 90-day time period required under paragraph 
     (8)(C).
       ``(B) De novo action.--Such de novo action may be brought 
     at law or equity in the United States district court for the 
     district where a violation of paragraph (1) or (2) allegedly 
     occurred or where the complainant resided on the date of such 
     alleged violation. The court shall have jurisdiction over 
     such action without regard to the amount in controversy and 
     to order appropriate relief under paragraph (14). Such action 
     shall, at the request of either party to such action, be 
     tried by the court with a jury.
       ``(11) Judicial review.--
       ``(A) Timely appeal to the court of appeals.--Any party 
     adversely affected or aggrieved by a final decision and order 
     issued under this subsection may obtain review of such 
     decision and order in the United States Court of Appeals for 
     the circuit where the violation, with respect to which such 
     final decision and order was issued, allegedly occurred or 
     where the complainant resided on the date of such alleged 
     violation. To obtain such review, a party shall file a 
     petition for review not later than 60 days after the final 
     decision and order was issued. Such review shall conform to 
     chapter 7 of title 5, United States Code. The commencement of 
     proceedings under this subparagraph shall not, unless ordered 
     by the court, operate as a stay of the final decision and 
     order.
       ``(B) Limitation on collateral attack.--An order and 
     decision with respect to which review may be obtained under 
     subparagraph (A) shall not be subject to judicial review in 
     any criminal or other civil proceeding.
       ``(12) Enforcement of order.--If a respondent fails to 
     comply with an order issued under this subsection, the 
     Secretary or the complainant on whose behalf the order was 
     issued may file a civil action for enforcement in the United 
     States district court for the district in which the violation 
     was found to occur to enforce such order. If both the 
     Secretary and the complainant file such action, the action of 
     the Secretary shall take precedence. The district court shall 
     have jurisdiction to grant all appropriate relief described 
     in paragraph (14).
       ``(13) Burdens of proof.--
       ``(A) Criteria for determination.--In making a 
     determination or adjudicating a complaint pursuant to this 
     subsection, the Secretary, administrative law judge, review 
     board, or court may determine that a violation of paragraph 
     (1) or (2) has occurred only if the complainant demonstrates 
     that any conduct described in paragraph (1) or (2) with 
     respect to the complainant was a contributing factor in the 
     adverse action alleged in the complaint.
       ``(B) Prohibition.--Notwithstanding subparagraph (A), a 
     decision or order that is favorable to the complainant shall 
     not be issued in any administrative or judicial action 
     pursuant to this subsection if the respondent demonstrates by 
     clear and convincing evidence that the respondent would have 
     taken the same adverse action in the absence of such conduct.
       ``(14) Relief.--
       ``(A) Order for relief.--If the Secretary, administrative 
     law judge, review board, or a court determines that a 
     violation of paragraph (1) or (2) has occurred, the Secretary 
     or court, respectively, shall have jurisdiction to order all 
     appropriate relief, including injunctive relief and 
     compensatory and exemplary damages, including--
       ``(i) affirmative action to abate the violation;
       ``(ii) reinstatement without loss of position or seniority, 
     and restoration of the terms, rights, conditions, and 
     privileges associated with the complainant's employment, 
     including opportunities for promotions to positions with 
     equivalent or better compensation for which the complainant 
     is qualified;
       ``(iii) compensatory and consequential damages sufficient 
     to make the complainant whole, (including back pay, 
     prejudgment interest, and other damages); and
       ``(iv) expungement of all warnings, reprimands, or 
     derogatory references that have been placed in paper or 
     electronic records or databases of any type relating to the 
     actions by the complainant that gave rise to the unfavorable 
     personnel action, and, at the complainant's direction, 
     transmission of a copy of the decision on the complaint to 
     any person whom the complainant reasonably believes may have 
     received such unfavorable information.
       ``(B) Attorneys' fees and costs.--If the Secretary or an 
     administrative law judge, review board, or court grants an 
     order for relief under subparagraph (A), the Secretary, 
     administrative law judge, review board, or court, 
     respectively, shall assess, at the request of the employee 
     against the employer--
       ``(i) reasonable attorneys' fees; and
       ``(ii) costs (including expert witness fees) reasonably 
     incurred, as determined by the Secretary, administrative law 
     judge, review board, or court, respectively, in connection 
     with bringing the complaint upon which the order was issued.
       ``(15)  Procedural rights.--The rights and remedies 
     provided for in this subsection may not be waived by any 
     agreement, policy, form, or condition of employment, 
     including by any pre-dispute arbitration agreement or 
     collective bargaining agreement.
       ``(16) Savings.--Nothing in this subsection shall be 
     construed to diminish the rights, privileges, or remedies of 
     any employee who exercises rights under any Federal or State 
     law or common law, or under any collective bargaining 
     agreement.
       ``(17) Election of venue.--
       ``(A) In general.--An employee of an employer who is 
     located in a State that has a State plan approved under 
     section 18 may file a complaint alleging a violation of 
     paragraph (1) or (2) by such employer with--
       ``(i) the Secretary under paragraph (5); or
       ``(ii) a State plan administrator in such State.
       ``(B) Referrals.--If--
       ``(i) the Secretary receives a complaint pursuant to 
     subparagraph (A)(i), the Secretary shall not refer such 
     complaint to a State plan administrator for resolution; or
       ``(ii) a State plan administrator receives a complaint 
     pursuant to subparagraph (A)(ii), the State plan 
     administrator shall not refer such complaint to the Secretary 
     for resolution.
       ``(18) Definition.--For purposes of this subsection, the 
     term `employee' means an individual employed by--
       ``(A) an operator of an oil well, as described in the 2012 
     North American Industry Classification System code 213111;
       ``(B) a petrochemical manufacturing plant assigned the 2012 
     North American Industry Classification System code 213112, 
     324, or 32511; or
       ``(C) an entity assigned the 2012 North American Industry 
     Classification System code 23712 or 486.''.
       (b) Relation to Enforcement.--Section 17(j) of such Act (29 
     U.S.C. 666(j)) is amended by inserting before the period the 
     following: ``, including the history of violations under 
     section 11(d)''.
                                 ______
                                 
  SA 84. Mrs. MURRAY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORTING REQUIREMENT REGARDING SAFETY FOR OIL 
                   WELLS, PETROCHEMICAL MANUFACTURING PLANTS, AND 
                   PIPELINE CONSTRUCTION OR TRANSPORTATION 
                   ENTITIES.

       (a) In General.--Each issuer that is required to file 
     reports pursuant to section 13(a) or 15(d) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) and that 
     is, or that has a subsidiary that is, an operator of an oil 
     well or an operator of a petrochemical manufacturing plant or 
     pipeline construction or transportation entity shall include, 
     in each periodic report filed with the Securities and 
     Exchange Commission under the securities laws on and after 
     the date of enactment of this Act, the following information 
     for the time period covered by such report:
       (1) For each oil well, petrochemical manufacturing plant, 
     or pipeline construction or transportation entity of which 
     the issuer or a subsidiary of the issuer is an operator--
       (A) the total number of serious violations of mandatory 
     health or safety standards at an oil well, a petrochemical 
     manufacturing plant, or a pipeline transportation or 
     construction entity, including health hazard violations under 
     section 9 of the Occupational Safety and Health Act of 1970 
     (29 U.S.C. 658);
       (B) the total number of citations issued, including 
     serious, willful, and repeated violations, under such 
     section;
       (C) the total dollar value of proposed penalties to be 
     applied under such Act (29 U.S.C. 651 et seq.); and
       (D) the total number of oil well, petrochemical 
     manufacturing plant, or pipeline construction or 
     transportation entity related fatalities involved.
       (2) A list of oil wells, petrochemical manufacturing 
     plants, or pipeline construction or transportation entities 
     of which the issuer, or a subsidiary of the issuer, is an 
     operator, that receive written notice from the Occupational 
     Safety and Health Administration of willful, serious, and 
     repeated violations of mandatory health or safety standards 
     at an oil well, a petrochemical manufacturing plant, or a 
     pipeline construction or transportation entity, including 
     safety hazards under section 9 of such Act (29 U.S.C. 658).
       (3) Any pending legal action before the Occupational Safety 
     and Health Review Commission, established under section 12 of 
     such Act (29 U.S.C. 661), involving an oil well, a 
     petrochemical manufacturing plant, or a pipeline construction 
     or transportation entity.
       (b) Reporting Shutdowns and Patterns of Violations.--
     Beginning on the effective date of this section, each issuer 
     that is, or that has a subsidiary that is, an operator of

[[Page S358]]

     an oil well or an operator of a petrochemical manufacturing 
     plant or pipeline construction or transportation entity shall 
     file a current report with the Securities and Exchange 
     Commission on Form 8-K (or any successor form) disclosing the 
     following with respect to each oil well, petrochemical 
     manufacturing plant, or pipeline construction or 
     transportation entity of which the issuer or subsidiary is an 
     operator:
       (1) The receipt of a citation issued under section 9 of the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 658).
       (2) The receipt of a citation from the Occupational Safety 
     and Health Administration that the oil well, petrochemical 
     manufacturing plant, or pipeline construction or 
     transportation entity has--
       (A) willfully or repeatedly violated mandatory health or 
     safety standards at an oil well, a petrochemical 
     manufacturing plant, or a pipeline construction or 
     transportation entity under such section; or
       (B) the potential to have such a pattern or willful or 
     repeated violations.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to affect any obligation of a person to make a 
     disclosure under any other applicable law in effect before, 
     on, or after the effective date of this section.
       (d) Commission Authority.--
       (1) Enforcement.--A violation by any person of this 
     section, or any rule or regulation of the Securities and 
     Exchange Commission issued under this section, shall be 
     treated for all purposes in the same manner as a violation of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 
     or the rules and regulations issued thereunder, consistent 
     with the provisions of this section, and any such person 
     shall be subject to the same penalties, and to the same 
     extent, as for a violation of such Act or the rules or 
     regulations issued thereunder.
       (2) Rule and regulations.--The Securities and Exchange 
     Commission is authorized to issue such rules or regulations 
     as are necessary or appropriate for the protection of 
     investors and to carry out the purposes of this section.
       (e) Definitions.--In this section:
       (1) Issuer; securities laws.--The terms ``issuer'' and 
     ``securities laws'' have the meanings given such terms in 
     section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c).
       (2) Operator of an oil well.--The term ``operator of an oil 
     well'' means an operator as described in the 2012 North 
     American Industry Classification System code 213111.
       (3) Petrochemical manufacturing plant.--The term 
     ``petrochemical manufacturing plant'' means any entity 
     assigned the 2012 North American Industry Classification 
     System code 324, 213112, or 32511.
       (4) Pipeline construction or transportation entity.--The 
     term ``pipeline construction or transportation entity'' means 
     an entity described in the 2012 North American Industry 
     Classification System code 23712 or 486.
       (f) Effective Date.--This section shall take effect on the 
     day that is 30 days after the date of enactment of this Act.
                                 ______
                                 
  SA 85. Ms. AYOTTE submitted an amendment intended to be proposed by 
her to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       After section 2, insert the following:

     SEC. ___. LOCAL TRANSPORTATION INFRASTRUCTURE PROGRAM.

       Section 610 of title 23, United States Code, is amended--
       (1) in subsection (d)--
       (A) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) 10 percent of the funds apportioned to the State for 
     each of fiscal years 2015 and 2016 under each of sections 
     104(b)(1), 104(b)(2), and 144; and'';
       (B) in paragraph (2), by striking ``2005 through 2009'' and 
     inserting ``2015 and 2016'';
       (C) in paragraph (3), by striking ``2005 through 2009'' and 
     inserting ``2015 and 2016''; and
       (D) in paragraph (5), by striking ``section 133(d)(3)'' and 
     inserting ``section 133(d)(4)'';
       (2) in subsection (h)(2)--
       (A) in the first sentence, by striking ``shall'' and 
     inserting ``shall not''; and
       (B) in the second sentence, by striking ``shall'' and 
     inserting ``shall not''; and
       (3) in subsection (k), by striking ``2005 through 2009'' 
     and inserting ``2015 and 2016''.
                                 ______
                                 
  SA 86. Ms. AYOTTE submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AMERICAN BRIDGE FUND.

       (a) American Bridge Fund.--
       (1) In general.--There is established in the Treasury of 
     the United States a fund to be known as the ``American Bridge 
     Fund'', consisting of such amounts as may be appropriated to 
     such fund as provided in paragraph (2).
       (2) Transfers to fund.--There is hereby appropriated to the 
     American Bridge Fund an amount equivalent to the increase in 
     revenue received in the Treasury by reason of the amendments 
     made by subsection (b), as determined by the Secretary of the 
     Treasury (or the Secretary's delegate).
       (3) Expenditures from fund.--Amounts in the American Bridge 
     Fund shall be made available by the Secretary of 
     Transportation for the purpose of making grants to States for 
     the repair or maintenance of any bridges classified as 
     deficient in the National Bridge Inventory, as authorized 
     under section 144(b) of title 23, United States Code.
       (b) Social Security Number Required to Claim the Refundable 
     Portion of the Child Tax Credit.--
       (1) In general.--Subsection (d) of section 24 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(5) Identification requirement with respect to 
     taxpayer.--
       ``(A) In general.--Paragraph (1) shall not apply to any 
     taxpayer for any taxable year unless the taxpayer includes 
     the taxpayer's Social Security number on the return of tax 
     for such taxable year.
       ``(B) Joint returns.--In the case of a joint return, the 
     requirement of subparagraph (A) shall be treated as met if 
     the Social Security number of either spouse is included on 
     such return.''.
       (2) Omission treated as mathematical or clerical error.--
     Subparagraph (I) of section 6213(g)(2) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(I) an omission of a correct Social Security number 
     required under section 24(d)(5) (relating to refundable 
     portion of child tax credit), or a correct TIN under section 
     24(e) (relating to child tax credit), to be included on a 
     return,''.
       (3) Conforming amendment.--Subsection (e) of section 24 of 
     the Internal Revenue Code of 1986 is amended by inserting 
     ``With Respect to Qualifying Children'' after 
     ``Identification Requirement'' in the heading thereof.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 87. Mr. HOEVEN (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 2 proposed by Ms. Murkowski 
(for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, 
Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. Portman, Mr. 
Alexander, and Mrs. Capito) to the bill S. 1, to approve the Keystone 
XL Pipeline; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SENSE OF CONGRESS ACKNOWLEDGING THE ENVIRONMENTAL 
                   IMPACT FINDINGS OF THE KEYSTONE XL PIPELINE 
                   PROJECT.

       It is the sense of Congress that Congress is in agreement 
     with the following findings of the Final Supplemental 
     Environmental Impact Statement issued by the Secretary of 
     State for the Keystone XL Project (referred to in this 
     section as the ``FSEIS''):
       (1) ``The analyses of potential impacts associated with 
     construction and normal operation of the proposed Project 
     suggest that significant impacts to most resources are not 
     expected along the proposed Project route'' (FSEIS page 4.16-
     1, section 4.16).
       (2) ``The total annual GHG [greenhouse gas] emissions 
     (direct and indirect) attributed to the No Action scenarios 
     range from 28 to 42 percent greater than for the proposed 
     Project'' (FSEIS page ES-34, section ES.5.4.2).
       (3) ``. . . approval or denial of any one crude oil 
     transport project, including the proposed Project, is 
     unlikely to significantly impact the rate of extraction in 
     the oil sands or the continued demand for heavy crude oil at 
     refineries in the United States based on expected oil prices, 
     oil-sands supply costs, transport costs, and supply-demand 
     scenarios'' (FSEIS page ES-16, section ES.4.1.1).

     SEC. __. SENSE OF THE SENATE ON ENERGY COSTS AND SUPPLIES.

       It is the sense of the Senate that Congress should--
       (1) reject efforts to impose economy-wide taxes, fees, 
     mandates, or regulations that will--
       (A) increase the cost of energy for families and businesses 
     of the United States; or
       (B) destroy jobs; and
       (2) prioritize policies that encourage and enable 
     innovation in the United States that might lead to energy 
     supplies that are more abundant, affordable, clean, diverse, 
     and secure.
                                 ______
                                 
  SA 88. Mr. LANKFORD submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS REGARDING ENERGY EXPORTS.

       (a) Findings.--Congress finds that--
       (1) competitive and open markets facilitate lower prices 
     for consumers, increase private investment, and foster 
     economic growth and opportunities for workers in the United 
     States;

[[Page S359]]

       (2) technological innovations have made the United States 
     the largest oil and natural gas producer in the world, 
     creating millions of high-paying jobs in the United States 
     and billions in revenues to Federal and State governments; 
     and
       (3) leveraging energy resources of the United States in the 
     global marketplace will provide greater energy security to 
     allies of the United States and increase the geopolitical 
     power of the United States.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should realize its full potential as an 
     energy superpower, by expanding trade of energy resources to 
     spur economic growth, increase jobs in the United States, and 
     strengthen the national security of the United States.
                                 ______
                                 
  SA 89. Ms. AYOTTE submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AMERICAN BRIDGE FUND.

       (a) American Bridge Fund.--
       (1) In general.--There is established in the Treasury of 
     the United States a fund to be known as the ``American Bridge 
     Fund'', consisting of such amounts as may be appropriated to 
     such fund as provided in paragraph (2).
       (2) Transfers to fund.--There is hereby appropriated to the 
     American Bridge Fund an amount equivalent to the increase in 
     revenue received in the Treasury by reason of the amendments 
     made by subsection (b), as determined by the Secretary of the 
     Treasury (or the Secretary's delegate).
       (3) Expenditures from fund.--Amounts in the American Bridge 
     Fund shall be made available by the Secretary of 
     Transportation for the purpose of making grants to States for 
     the repair or maintenance of any bridges classified as 
     deficient in the National Bridge Inventory, as authorized 
     under section 144(b) of title 23, United States Code.
       (b) Social Security Number Required to Claim the Refundable 
     Portion of the Child Tax Credit.--
       (1) In general.--Subsection (e) of section 24 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(e) Identification Requirement With Respect to Qualifying 
     Children.--
       ``(1) In general.--Subject to paragraph (2), no credit 
     shall be allowed under this section to a taxpayer with 
     respect to any qualifying child unless the taxpayer includes 
     the name and taxpayer identification number of such 
     qualifying child on the return of tax for the taxable year.
       ``(2) Refundable portion.--Subsection (d)(1) shall not 
     apply to any taxpayer with respect to any qualifying child 
     unless the taxpayer includes the name and social security 
     number of such qualifying child on the return of tax for the 
     taxable year.''.
       (2) Omission treated as mathematical or clerical error.--
     Subparagraph (I) of section 6213(g)(2) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(I) an omission of a correct TIN under section 24(e)(1) 
     (relating to child tax credit) or a correct Social Security 
     number required under section 24(e)(2) (relating to 
     refundable portion of child tax credit), to be included on a 
     return,''.
       (c) Effective Date.--The amendments made by this subsection 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 90. Mr. CASSIDY (for himself and Mr. Heller) submitted an 
amendment intended to be proposed by him to the bill S. 1, to approve 
the Keystone XL Pipeline; which was ordered to lie on the table; as 
follows:

       After section 2, insert the following:

                   TITLE II--ENERGY CONSUMERS RELIEF

     SECTION 201. SHORT TITLE.

       This title may be cited as the ``Energy Consumers Relief 
     Act of 2015''.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Direct costs.--The term ``direct costs'' has the 
     meaning given the term in chapter 8 of the report of the 
     Environmental Protection Agency entitled ``Guidelines for 
     Preparing Economic Analyses'' and dated December 17, 2010.
       (3) Energy-related rule that is estimated to cost more than 
     $1,000,000,000.--The term ``energy-related rule that is 
     estimated to cost more than $1,000,000,000'' means a rule of 
     the Environmental Protection Agency that--
       (A) regulates any aspect of the production, supply, 
     distribution, or use of energy or provides for such 
     regulation by States or other governmental entities; and
       (B) is estimated by the Administrator or the Director of 
     the Office of Management and Budget to impose direct costs 
     and indirect costs, in the aggregate, of more than 
     $1,000,000,000.
       (4) Indirect costs.--The term ``indirect costs'' has the 
     meaning given the term in chapter 8 of the report of the 
     Environmental Protection Agency entitled ``Guidelines for 
     Preparing Economic Analyses'' and dated December 17, 2010.
       (5) Rule.--The term ``rule'' has the meaning given to the 
     term in section 551 of title 5, United States Code.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 203. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-
                   RELATED RULES THAT WILL CAUSE SIGNIFICANT 
                   ADVERSE EFFECTS TO THE ECONOMY.

       Notwithstanding any other provision of law, the 
     Administrator may not promulgate as final an energy-related 
     rule that is estimated to cost more than $1,000,000,000 if 
     the Secretary determines under section 204(b)(3) that the 
     rule will cause significant adverse effects to the economy.

     SEC. 204. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS 
                   FINAL CERTAIN ENERGY-RELATED RULES.

       (a) In General.--Before promulgating as final any energy-
     related rule that is estimated to cost more than 
     $1,000,000,000, the Administrator shall carry out the 
     requirements of subsection (b).
       (b) Requirements.--
       (1) Report to congress.--The Administrator shall submit to 
     Congress and the Secretary a report containing--
       (A) a copy of the rule;
       (B) a concise general statement relating to the rule;
       (C) an estimate of the total costs of the rule, including 
     the direct costs and indirect costs of the rule;
       (D)(i) an estimate of the total benefits of the rule and 
     when such benefits are expected to be realized;
       (ii) a description of the modeling, the calculations, the 
     assumptions, and the limitations due to uncertainty, 
     speculation, or lack of information associated with the 
     estimates under this subparagraph; and
       (iii) a certification that all data and documents relied 
     upon by the Environmental Protection Agency in developing the 
     estimates--
       (I) have been preserved; and
       (II) are available for review by the public on the Web site 
     of the Environmental Protection Agency, except to the extent 
     to which publication of the data and documents would 
     constitute disclosure of confidential information in 
     violation of applicable Federal law;
       (E) an estimate of the increases in energy prices, 
     including potential increases in gasoline or electricity 
     prices for consumers, that may result from implementation or 
     enforcement of the rule; and
       (F) a detailed description of the employment effects, 
     including potential job losses and shifts in employment, that 
     may result from implementation or enforcement of the rule.
       (2) Initial determination on increases and impacts.--The 
     Secretary, in consultation with the Federal Energy Regulatory 
     Commission and the Administrator of the Energy Information 
     Administration, shall prepare an independent analysis to 
     determine whether the rule will cause any--
       (A) increase in energy prices for consumers, including low-
     income households, small businesses, and manufacturers;
       (B) impact on fuel diversity of the electricity generation 
     portfolio of the United States or on national, regional, or 
     local electric reliability;
       (C) adverse effect on energy supply, distribution, or use 
     due to the economic or technical infeasibility of 
     implementing the rule; or
       (D) other adverse effect on energy supply, distribution, or 
     use, including a shortfall in supply and increased use of 
     foreign supplies.
       (3) Subsequent determination on adverse effects to the 
     economy.--If the Secretary determines under paragraph (2) 
     that the rule will cause an increase, impact, or effect 
     described in that paragraph, the Secretary, in consultation 
     with the Administrator, the Secretary of Commerce, the 
     Secretary of Labor, and the Administrator of the Small 
     Business Administration, shall--
       (A) determine whether the rule will cause significant 
     adverse effects to the economy, taking into consideration--
       (i) the costs and benefits of the rule and limitations in 
     calculating the costs and benefits due to uncertainty, 
     speculation, or lack of information; and
       (ii) the positive and negative impacts of the rule on 
     economic indicators, including those related to gross 
     domestic product, unemployment, wages, consumer prices, and 
     business and manufacturing activity; and
       (B) publish the results of the determination made under 
     subparagraph (A) in the Federal Register.

     SEC. 205. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN 
                   ANALYSIS.

       (a) Definition of Social Cost of Carbon.--In this section, 
     the term ``social cost of carbon'' means--
       (1) the social cost of carbon as described in the technical 
     support document entitled ``Technical Support Document: 
     Technical Update of the Social Cost of Carbon for Regulatory 
     Impact Analysis Under Executive Order 12866'', published by 
     the Interagency Working Group on Social Cost of Carbon, 
     United States Government, in May 2013 (or any successor or 
     substantially related document); or

[[Page S360]]

       (2) any other estimate of the monetized damages associated 
     with an incremental increase in carbon dioxide emissions in a 
     given year.
       (b) Prohibition on Use of Social Cost of Carbon in 
     Analysis.--Notwithstanding any other provision of law or any 
     Executive order, the Administrator may not use the social 
     cost of carbon to incorporate social benefits of reducing 
     carbon dioxide emissions, or for any other reason, in any 
     cost-benefit analysis relating to an energy-related rule that 
     is estimated to cost more than $1,000,000,000 unless a 
     Federal law is enacted authorizing the use.
                                 ______
                                 
  SA 91. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       After section 2, insert the following:

     SEC. __. REVIEW OF CERTAIN FEDERAL REGISTER NOTICES.

       If, by the date that is 45 days after the date on which a 
     State Bureau of Land Management office has submitted a 
     Federal Register notice to the Washington, DC, office of the 
     Bureau of Land Management for Department of the Interior 
     review, the review has not been completed--
       (1) the notice shall consider to be approved; and
       (2) the State Bureau of Land Management office shall 
     immediately forward the notice to the Federal Register for 
     publication.
                                 ______
                                 
  SA 92. Mr. BURR (for himself, Ms. Ayotte, and Mr. Bennet) submitted 
an amendment intended to be proposed by him to the bill S. 1, to 
approve the Keystone XL Pipeline; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PERMANENT REAUTHORIZATION OF LAND AND WATER 
                   CONSERVATION FUND.

       (a) In General.--Section 200302 of title 54, United States 
     Code, is amended --
       (1) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``During the period ending September 30, 
     2015, there'' and inserting ``There''; and
       (2) in subsection (c)(1), by striking ``through September 
     30, 2015''.
       (b) Public Access.--Section 200306 of title 54, United 
     States Code, is amended by adding at the end the following:
       ``(c) Public Access.--Not less than 1.5 percent of amounts 
     made available for expenditure in any fiscal year under 
     section 200303 shall be used for projects that secure 
     recreational public access to existing Federal public land 
     for hunting, fishing, and other recreational purposes.''.
                                 ______
                                 
  SA 93. Mr. MERKLEY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, supra; which was ordered to lie on the table, as 
follows:

       At the end, add the following:

            DIVISION--__REBUILDING AMERICA'S INFRASTRUCTURE

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Rebuilding America's 
     Infrastructure Act of 2015''.

                TITLE I--REPEAL OF OIL AND GAS SUBSIDIES

                Subtitle A--Close Big Oil Tax Loopholes

     SEC. 101. MODIFICATIONS OF FOREIGN TAX CREDIT RULES 
                   APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES 
                   WHICH ARE DUAL CAPACITY TAXPAYERS.

       (a) In General.--Section 901 of the Internal Revenue Code 
     of 1986 is amended by redesignating subsection (n) as 
     subsection (o) and by inserting after subsection (m) the 
     following new subsection:
       ``(n) Special Rules Relating to Major Integrated Oil 
     Companies Which Are Dual Capacity Taxpayers.--
       ``(1) General rule.--Notwithstanding any other provision of 
     this chapter, any amount paid or accrued by a dual capacity 
     taxpayer which is a major integrated oil company (within the 
     meaning of section 167(h)(5)) to a foreign country or 
     possession of the United States for any period shall not be 
     considered a tax--
       ``(A) if, for such period, the foreign country or 
     possession does not impose a generally applicable income tax, 
     or
       ``(B) to the extent such amount exceeds the amount 
     (determined in accordance with regulations) which--
       ``(i) is paid by such dual capacity taxpayer pursuant to 
     the generally applicable income tax imposed by the country or 
     possession, or
       ``(ii) would be paid if the generally applicable income tax 
     imposed by the country or possession were applicable to such 
     dual capacity taxpayer.
     Nothing in this paragraph shall be construed to imply the 
     proper treatment of any such amount not in excess of the 
     amount determined under subparagraph (B).
       ``(2) Dual capacity taxpayer.--For purposes of this 
     subsection, the term `dual capacity taxpayer' means, with 
     respect to any foreign country or possession of the United 
     States, a person who--
       ``(A) is subject to a levy of such country or possession, 
     and
       ``(B) receives (or will receive) directly or indirectly a 
     specific economic benefit (as determined in accordance with 
     regulations) from such country or possession.
       ``(3) Generally applicable income tax.--For purposes of 
     this subsection--
       ``(A) In general.--The term `generally applicable income 
     tax' means an income tax (or a series of income taxes) which 
     is generally imposed under the laws of a foreign country or 
     possession on income derived from the conduct of a trade or 
     business within such country or possession.
       ``(B) Exceptions.--Such term shall not include a tax unless 
     it has substantial application, by its terms and in practice, 
     to--
       ``(i) persons who are not dual capacity taxpayers, and
       ``(ii) persons who are citizens or residents of the foreign 
     country or possession.''.
       (b) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to taxes paid or accrued in taxable years beginning 
     after the date of the enactment of this Act.
       (2) Contrary treaty obligations upheld.--The amendments 
     made by this section shall not apply to the extent contrary 
     to any treaty obligation of the United States.

     SEC. 102. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO 
                   OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.

       (a) Denial of Deduction.--Paragraph (4) of section 199(c) 
     of the Internal Revenue Code of 1986 is amended by adding at 
     the end the following new subparagraph:
       ``(E) Special rule for certain oil and gas income.--In the 
     case of any taxpayer who is a major integrated oil company 
     (within the meaning of section 167(h)(5)) for the taxable 
     year, the term `domestic production gross receipts' shall not 
     include gross receipts from the production, refining, 
     processing, transportation, or distribution of oil, gas, or 
     any primary product (within the meaning of subsection (d)(9)) 
     thereof.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2015.

     SEC. 103. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND 
                   DEVELOPMENT COSTS; AMORTIZATION OF DISALLOWED 
                   AMOUNTS.

       (a) In General.--Section 263(c) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(c) Intangible Drilling and Development Costs in the Case 
     of Oil and Gas Wells and Geothermal Wells.--
       ``(1) In general.--Notwithstanding subsection (a), and 
     except as provided in subsection (i), regulations shall be 
     prescribed by the Secretary under this subtitle corresponding 
     to the regulations which granted the option to deduct as 
     expenses intangible drilling and development costs in the 
     case of oil and gas wells and which were recognized and 
     approved by the Congress in House Concurrent Resolution 50, 
     Seventy-ninth Congress. Such regulations shall also grant the 
     option to deduct as expenses intangible drilling and 
     development costs in the case of wells drilled for any 
     geothermal deposit (as defined in section 613(e)(2)) to the 
     same extent and in the same manner as such expenses are 
     deductible in the case of oil and gas wells. This subsection 
     shall not apply with respect to any costs to which any 
     deduction is allowed under section 59(e) or 291.
       ``(2) Exclusion.--
       ``(A) In general.--This subsection shall not apply to 
     amounts paid or incurred by a taxpayer in any taxable year in 
     which such taxpayer is a major integrated oil company (within 
     the meaning of section 167(h)(5)).
       ``(B) Amortization of amounts not allowable as deductions 
     under subparagraph (a).--The amount not allowable as a 
     deduction for any taxable year by reason of subparagraph (A) 
     shall be allowable as a deduction ratably over the 60-month 
     period beginning with the month in which the costs are paid 
     or incurred. For purposes of section 1254, any deduction 
     under this subparagraph shall be treated as a deduction under 
     this subsection.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2015.

     SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR 
                   OIL AND GAS WELLS.

       (a) In General.--Section 613A of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(f) Application With Respect to Major Integrated Oil 
     Companies.--In the case of any taxable year in which the 
     taxpayer is a major integrated oil company (within the 
     meaning of section 167(h)(5)), the allowance for percentage 
     depletion shall be zero.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2015.

     SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.

       (a) In General.--Section 193 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(d) Application With Respect to Major Integrated Oil 
     Companies.--
       ``(1) In general.--This section shall not apply to amounts 
     paid or incurred by a taxpayer in any taxable year in which 
     such taxpayer is a major integrated oil company (within the 
     meaning of section 167(h)(5)).

[[Page S361]]

       ``(2) Amortization of amounts not allowable as deductions 
     under paragraph (1).--The amount not allowable as a deduction 
     for any taxable year by reason of paragraph (1) shall be 
     allowable as a deduction ratably over the 60-month period 
     beginning with the month in which the costs are paid or 
     incurred.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2015.

     SEC. 106. MODIFICATION OF DEFINITION OF MAJOR INTEGRATED OIL 
                   COMPANY.

       (a) In General.--Paragraph (5) of section 167(h) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(C) Certain successors in interest.--For purposes of this 
     paragraph, the term `major integrated oil company' includes 
     any successor in interest of a company that was described in 
     subparagraph (B) in any taxable year, if such successor 
     controls more than 50 percent of the crude oil production or 
     natural gas production of such company.''.
       (b) Conforming Amendments.--
       (1) In general.--Subparagraph (B) of section 167(h)(5) of 
     the Internal Revenue Code of 1986 is amended by inserting 
     ``except as provided in subparagraph (C),'' after ``For 
     purposes of this paragraph,''.
       (2) Taxable years tested.--Clause (iii) of section 
     167(h)(5)(B) of such Code is amended--
       (A) by striking ``does not apply by reason of paragraph (4) 
     of section 613A(d)'' and inserting ``did not apply by reason 
     of paragraph (4) of section 613A(d) for any taxable year 
     after 2004'', and
       (B) by striking ``does not apply'' in subclause (II) and 
     inserting ``did not apply for the taxable year''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2015.

        Subtitle B--Outer Continental Shelf Oil and Natural Gas

     SEC. 111. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND 
                   DEEP GAS ROYALTY RELIEF.

       (a) In General.--Sections 344 and 345 of the Energy Policy 
     Act of 2005 (42 U.S.C. 15904, 15905) are repealed.
       (b) Administration.--The Secretary of the Interior shall 
     not be required to provide for royalty relief in the lease 
     sale terms beginning with the first lease sale held on or 
     after the date of enactment of this Act for which a final 
     notice of sale has not been published.

                    TITLE II--INFRASTRUCTURE FUNDING

     SEC. 201. INFRASTRUCTURE FUNDING.

       (a) In General.--
       (1) Transfers.--Not later than 90 days after the date of 
     enactment of this Act, out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer an amount equal to the net amount of any savings 
     realized as a result of the enactment of this Act and the 
     amendments made by this Act (after any expenditures 
     authorized by this Act and the amendments made by this Act)--
       (A) in accordance with subsections (b) and (c); and
       (B) in the case of any additional savings after the 
     application of such subsections, into the Highway Trust Fund 
     in the following manner:
       (i) 75 percent of such additional savings shall be 
     transferred into the Highway Trust Fund (other than the Mass 
     Transit Account).
       (ii) 25 percent of such additional savings shall be 
     transferred into the Mass Transit Account.
       (2) Conforming amendment to the internal revenue code.--
     Subsection (f) of section 9503 of the Internal Revenue Code 
     of 1986 is amended by redesignating paragraph (7) as 
     paragraph (8) and by inserting after paragraph (6) the 
     following new paragraph:
       ``(7) 2015 increase.--Out of money in the Treasury not 
     otherwise appropriated, there is hereby appropriated to the 
     Highway Account (as defined in subsection (e)(5)(B)) and the 
     Mass Transit Account in the Highway Trust Fund amounts equal 
     to the amounts determined under section 201(a)(1)(B) of the 
     Rebuilding America's Infrastructure Act of 2015.''.
       (b) Water Infrastructure Innovative Financing Pilot 
     Projects.--Out of any funds of the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Secretary of the Army and the Administrator of the 
     Environmental Protection Agency jointly, $2,000,000,000 to 
     carry out the Water Infrastructure Finance and Innovation Act 
     of 2014 (33 U.S.C. 3901 et seq.) through 2019.
       (c) TIGER Discretionary Grants.--
       (1) Definition of tiger discretionary grant.--In this 
     section, the term ``TIGER discretionary grant'' means a grant 
     awarded and administered by the Secretary of Transportation 
     using funds made available for--
       (A) supplemental discretionary grants for a national 
     surface transportation system under title XII of division A 
     of the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5; 123 Stat. 203);
       (B) the national infrastructure investments discretionary 
     grant program under title I of division A of the Consolidated 
     Appropriations Act, 2010 (Public Law 111-17; 123 Stat. 3035);
       (C) national infrastructure investments under section 2202 
     of division B of the Department of Defense and Full-Year 
     Continuing Appropriations Act, 2011 (Public Law 112-10; 125 
     Stat. 191);
       (D) national infrastructure investments under title I of 
     division C of the Consolidated and Further Continuing 
     Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 641);
       (E) national infrastructure investments under title VIII of 
     division F of the Consolidated and Further Continuing 
     Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 432);
       (F) national infrastructure investments under title I of 
     division L of the Consolidated Appropriations Act, 2014 
     (Public Law 113-76; 128 Stat. 574); or
       (G) national infrastructure investments under title I of 
     division K of the Consolidated and Further Continuing 
     Appropriations Act, 2015 (Public Law 113-235).
       (2) Appropriation.--Out of any funds of the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Secretary of Transportation, $2,000,000,000 
     to provide TIGER discretionary grants for fiscal year 2016.
       (d) Maintenance of Funding.--The funding provided under 
     this section shall supplement (and not supplant) other 
     Federal funding for the programs and accounts funded under 
     this section.

     SEC. 202. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

                    TITLE III--STATE REVOLVING FUNDS

     SEC. 301. STATE WATER POLLUTION CONTROL REVOLVING FUNDS.

       Out of any funds of the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Administrator of the Environmental Protection Agency, 
     $1,500,000,000 for State water pollution control revolving 
     funds established in accordance with title VI of the Federal 
     Water Pollution Control Act (33 U.S.C. 1381 et seq.).

     SEC. 302. STATE DRINKING WATER TREATMENT REVOLVING LOAN 
                   FUNDS.

       Out of any funds of the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Administrator of the Environmental Protection Agency, 
     $1,000,000,000 for State drinking water treatment revolving 
     loan funds established in accordance with section 1452 of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12).

                        TITLE IV--MISCELLANEOUS

     SEC. 401. ENFORCEMENT OF DISCRETIONARY SPENDING LIMITS.

       The Office of Management and Budget shall not include 
     amounts made available under subsections (b) or (c) of 
     section 201 or title III during a fiscal year in determining 
     whether there has been a breach of the discretionary spending 
     limits under the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 900 et seq.) during the fiscal 
     year.
                                 ______
                                 
  SA 94. (Ms. HEITKAMP (for herself, Mr. Donnelly, Mr. Casey, Mr. 
Carper, Mr. Manchin, and Mr. Coons) submitted an amendment to be 
proposed by her to the bill S. 1, supra; which was ordered to lie on 
the table, as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF SENATE REGARDING RENEWABLE ENERGY AND 
                   CARBON CAPTURE RESEARCH.

       (a) Findings.--The Senate finds that--
       (1) the energy policy of the United States is based on an 
     all-of-the-above approach to production sources;
       (2) an all-of-the-above approach reduces dependence on 
     foreign oil, increases national security, and creates jobs;
       (3) smart research investments are critical to increase the 
     energy independence of the United States, combat climate 
     change, reduce emissions, and create jobs;
       (4) Department of Energy funding for research and 
     development for renewable energy is not currently adequate; 
     and
       (5) research regarding carbon capture use and sequestration 
     has decreased almost 30 percent since fiscal year 2012.
       (b) Sense of Senate.--It is the sense of the Senate that 
     research and development and loan and grant program funding 
     for renewable energy and carbon capture systems should be 
     increased in order to reduce United States emissions, combat 
     climate change, provide energy security, and maintain energy 
     diversity.
                                 ______
                                 
  SA 95. Ms. HEITKAMP (for herself, Mr. Donnelly, and Mr. Coons) 
submitted an amendment intended to be proposed to amendment SA 2 
proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. 
Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. 
Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, 
supra; which was ordered to lie on the table, as follows:

       At the appropriate place, insert the following:

     SEC. 3. 5-YEAR EXTENSION OF CREDITS WITH RESPECT TO 
                   FACILITIES PRODUCING ENERGY FROM CERTAIN 
                   RENEWABLE RESOURCES.

       (a) In General.--The following provisions of section 45(d) 
     of the Internal Revenue Code

[[Page S362]]

     of 1986 are each amended by striking ``January 1, 2015'' each 
     place it appears and inserting ``January 1, 2020'':
       (1) Paragraph (1).
       (2) Paragraph (2)(A).
       (3) Paragraph (3)(A).
       (4) Paragraph (4)(B).
       (5) Paragraph (6).
       (6) Paragraph (7).
       (7) Paragraph (9).
       (8) Paragraph (11)(B).
       (b) Extension of Election to Treat Qualified Facilities as 
     Energy Property.--Clause (ii) of section 48(a)(5)(C) is 
     amended by striking ``January 1, 2015'' and inserting 
     ``January 1, 2020''.
       (c) Effective Dates.--The amendments made by this section 
     shall take effect on January 1, 2015.
                                 ______
                                 
  SA 96. Ms. HEITKAMP submitted an amendment to be proposed by her to 
the bill S.1, supra; which was ordered to lie on the table, as follows:

       At the appropriate place, insert the following:

     SEC. __. STUDY ON RESOURCES REQUIRED TO ENSURE SAFE 
                   TRANSPORTATION BY PIPELINE AND RAIL OF 
                   PETROLEUM PRODUCTS.

       (a) Study Required.--
       (1) In general.--The Secretary of Transportation and the 
     Administrator of Pipeline and Hazardous Materials Safety 
     Administration (PHMSA) shall conduct a study on the resources 
     necessary to ensure the safe transportation of crude oil, 
     petroleum products, natural gas, natural gas liquids, and 
     related products, including by rail and pipeline. The study 
     shall focus on the following priorities:
       (A) Ensuring the safe transportation of crude oil, 
     petroleum products, natural gas, natural gas liquids, and 
     related products by rail and pipeline.
       (B) Ensuring PHMSA has the necessary personnel and other 
     resources, including access to new and emerging technologies, 
     to properly monitor and regulate the transportation of crude 
     oil, petroleum products, natural gas, natural gas liquids, 
     and related products by rail and pipeline.
       (2) Scope.--The study required under this subsection shall 
     include the following elements:
       (A) An examination of the current and projected resources 
     and personnel at the Department of Transportation and PHMSA 
     that are or will be dedicated to regulating, monitoring, and 
     ensuring the overall safe transportation of crude oil, 
     petroleum products, natural gas, natural gas liquids, and 
     related products by rail and pipeline.
       (B) A determination of the appropriate manpower personnel, 
     resources, and funding requirements for all Department and 
     Administration elements that do or are expected to play a 
     significant role in regulating, monitoring, and ensuring the 
     overall safe transportation of crude oil, petroleum products, 
     natural gas, natural gas liquids, and related products by 
     rail and pipeline.
       (C) An assessment and description of the personnel, 
     resources, and funding needs for each State, and a 
     description of the State, local, and tribal resources and 
     personnel that are dedicated to performing the tasks 
     described in subparagraph (B).
       (D) The development and use of technology for each of the 
     Department and Administration elements involved in 
     regulating, monitoring, or otherwise ensuring the overall 
     safe transportation of crude oil, petroleum products, natural 
     gas, natural gas liquids, and related products by rail and 
     pipeline, including whether the elements need additional 
     technological assets and how best to acquire needed 
     additional technological assets.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 2 years thereafter, the 
     Secretary of Transportation and the PHMSA Administrator, in 
     conjunction with the heads of other Federal agencies, as 
     appropriate, shall submit to the appropriate congressional 
     committees a report on the study conducted under subsection 
     (a).
       (2) Content.--The report required under paragraph (1) shall 
     include the following elements:
       (A) The findings of the study conducted under subsection 
     (a).
       (B) Input from other Federal agencies that have any 
     significant role in the safe transportation of crude oil, 
     petroleum products, natural gas, natural gas liquids, and 
     related products by rail and pipeline.
       (C) A description of any impending changes to regulations 
     or policy that may have an effect on personnel, resources, or 
     funding or that would otherwise impact the ability of the 
     Department and the Administration to meet the basic standards 
     necessary to properly monitor and regulate the transportation 
     of crude oil, petroleum products, natural gas, natural gas 
     liquids, and related products by rail and pipeline.
       (D) Recommendations for enhancing safety for the transport 
     of crude oil, petroleum products, natural gas, natural gas 
     liquids, and related products by rail and pipeline, and what 
     resources, personnel, and funding would be required to 
     implement such recommendations.
       (E) An explanation of why the Department or the 
     Administration is not already implementing any of such 
     recommendations.
       (F) Recommendations for additional legislation necessary to 
     implement recommendations contained in the report.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation, 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on Energy and Natural Resources, the Committee 
     on Finance, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Energy and Commerce, the Committee on 
     Natural Resources, the Committee on Homeland Security, the 
     Committee on Ways and Means, and the Committee on 
     Appropriations of the House of Representatives.

     SEC. __. RAILROAD AND PIPELINE EMERGENCY SERVICES 
                   PREPAREDNESS, OPERATIONAL NEEDS, AND SAFETY 
                   EVALUATION SUBCOMMITTEE.

       Section 508 of the Homeland Security Act of 2002 (6 U.S.C. 
     318) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Railroad and Pipeline Emergency Services 
     Preparedness, Operational Needs, and Safety Evaluation 
     Subcommittee.--
       ``(1) Establishment.--Not later than 30 days after the date 
     of the enactment of the Keystone XL Pipeline Approval Act, 
     the Administrator shall establish, as a subcommittee of the 
     National Advisory Council, the Railroad and Pipeline 
     Emergency Services Preparedness, Operational Needs, and 
     Safety Evaluation Subcommittee (referred to in this 
     subsection as the `Subcommittee').
       ``(2) Membership.--Notwithstanding subsection (c), the 
     Subcommittee shall be composed of the following:
       ``(A) The Deputy Administrator for Protection and National 
     Preparedness of the Federal Emergency Management Agency, or 
     designee.
       ``(B) The Director of the Office of Emergency 
     Communications of the Department of Homeland Security, or 
     designee.
       ``(C) The Director for the Office of Railroad, Pipeline and 
     Hazardous Materials Investigations of the National 
     Transportation Safety Board, or designee, only in an advisory 
     capacity.
       ``(D) The Associate Administrator for Railroad Safety of 
     the Federal Railroad Administration, or designee.
       ``(E) The Assistant Administrator for Security Policy and 
     Industry Engagement of the Transportation Security 
     Administration, or designee.
       ``(F) The Assistant Commandant for Response Policy of the 
     Coast Guard, or designee.
       ``(G) The Assistant Administrator for the Office of Solid 
     Waste and Emergency Response of the Environmental Protection 
     Agency, or designee.
       ``(H) The Associate Administrator for Hazardous Materials 
     Safety of the Pipeline and Hazardous Materials Safety 
     Administration, or designee.
       ``(I) The Chief Safety Officer and Assistant Administrator 
     of the Federal Motor Carrier Safety Administration, or 
     designee.
       ``(J) The Director of the Office of Energy Infrastructure 
     Security of the Federal Energy Regulatory Commission, or 
     designee.
       ``(K) Such other qualified individuals as the Administrator 
     shall appoint as soon as practicable after the date of the 
     enactment of the Keystone XL Pipeline Approval Act from among 
     the following:
       ``(i) Members of the National Advisory Council that have 
     the requisite technical knowledge and expertise to address 
     rail and pipeline emergency response issues, including 
     members from the following disciplines:

       ``(I) Emergency management and emergency response 
     providers, including fire service, law enforcement, hazardous 
     materials response, and emergency medical services.
       ``(II) State, local, and tribal government officials with 
     expertise in preparedness, protection, response, recovery, 
     and mitigation, including Adjutants General.
       ``(III) Elected State, local, and tribal government 
     executives.
       ``(IV) Such other individuals as the Administrator 
     determines to be appropriate.

       ``(ii) Individuals who have the requisite technical 
     knowledge and expertise to serve on the Subcommittee, 
     including representatives of--

       ``(I) the rail industry;
       ``(II) the pipeline industry;
       ``(III) the oil industry;
       ``(IV) the communications industry;
       ``(V) emergency response providers, including individuals 
     nominated by national organizations representing local 
     governments and personnel;
       ``(VI) representatives from national Indian organizations;
       ``(VII) technical experts; and
       ``(VIII) vendors, developers, and manufacturers of systems, 
     facilities, equipment, and capabilities for emergency 
     responder services.

       ``(iii) Representatives of such other stakeholders and 
     interested and affected parties as the Administrator 
     considers appropriate.
       ``(3) Chairperson.--The Deputy Administrator for Protection 
     and National Preparedness shall serve as the Chairperson of 
     the Subcommittee, or designee.
       ``(4) Meetings.--
       ``(A) Initial meeting.--The initial meeting of the 
     Subcommittee shall take place not later than 90 days after 
     the date of the enactment of the Keystone XL Pipeline 
     Approval Act.

[[Page S363]]

       ``(B) Other meetings.--After the initial meeting, the 
     Subcommittee shall meet at least twice annually, with at 
     least 1 meeting conducted in person during the first year, at 
     the call of the Chairperson.
       ``(5) Consultation with nonmembers.--The Subcommittee and 
     the program offices for emergency responder training and 
     resources shall consult with other relevant agencies and 
     groups, including entities engaged in Federally funded 
     research and academic institutions engaged in relevant work 
     and research, which are not represented on the Subcommittee 
     to consider new and developing technologies and methods that 
     may be beneficial to preparedness and response to rail and 
     pipeline incidents.
       ``(6) Recommendations.--The Subcommittee shall develop 
     recommendations, for improving emergency responder training 
     and resource allocation, including the following:
       ``(A) Quality and application of training for local 
     emergency first responders related to rail and pipeline 
     hazardous materials incidents, with a particular focus on 
     local emergency responders and small communities near 
     railroads and pipelines, including the following:
       ``(i) Ease of access to relevant training for local 
     emergency first responders, including an analysis of--

       ``(I) the number of individuals being trained;
       ``(II) the number of individuals who are applying;
       ``(III) whether current demand is being met;
       ``(IV) current challenges; and
       ``(V) projected needs.

       ``(ii) Modernization of course content related to rail and 
     pipeline hazardous materials incidents, with a particular 
     focus on response to the exponential rise in oil shipments by 
     rail.
       ``(iii) Training content across agencies and the private 
     sector to provide complementary opportunities for rail and 
     pipeline hazardous materials incidents courses and materials 
     to avoid overlap, including the following:

       ``(I) Overlap of course content among agencies.
       ``(II) The need for integrated course content through 
     public-private partnerships.
       ``(III) Regular and ongoing evaluation of course 
     opportunities, adaptation to emerging trends, agency and 
     private sector outreach, effectiveness and ease of access for 
     local emergency responders.

       ``(iv) Online training platforms, train-the-trainer and 
     mobile training options.
       ``(B) Effectiveness of funding levels related to training 
     local emergency responders for rail and pipeline hazardous 
     materials incidents, with a particular focus on local 
     emergency responders and small communities, including the 
     following:
       ``(i) Minimizing overlap in resource allocation among 
     agencies.
       ``(ii) Minimizing overlap in resource allocation among 
     agencies and private sector.
       ``(iii) Maximizing public-private partnerships where 
     funding gaps exists for specific training or cost-saving 
     measures can be implemented to increase training 
     opportunities.
       ``(iv) Adaptation of priority settings for agency funding 
     allocations in response to emerging trends.
       ``(v) Historic levels of funding across agencies and 
     private sector for rail and pipeline hazardous materials 
     incidents.
       ``(vi) Current funding resources across agencies for rail 
     and pipeline hazardous materials incidents.
       ``(C) Strategy for integration of commodity flow studies, 
     mapping, and access platforms for local emergency responders 
     and how to increase the rate of access to the individual 
     responder in existing or emerging communications technology.
       ``(D) The need for emergency response plans for rail, 
     similar to existing law related to maritime and stationary 
     facility emergency response plans for hazardous materials, 
     including the following:
       ``(i) The requirements of such emergency plans on each 
     train and the format and availability of such emergency plans 
     to emergency responders in communities through which the 
     materials travel.
       ``(ii) How the industry would implement such plans.
       ``(iii) The thresholds that require emergency plans for 
     each train related to hazardous materials in its cargo.
       ``(iv) Gaps in existing regulations across agencies.
       ``(E) The need for a rail and pipeline hazardous materials 
     incident database, including the following:
       ``(i) An assessment of the appropriate entity to host the 
     database.
       ``(ii) A definition of `rail hazardous materials incident' 
     and `pipeline hazardous materials incident' that would 
     constitute the level of reporting from the industry.
       ``(iii) The projected cost of such a database and how that 
     database would be maintained and enforced.
       ``(F) Increasing access to relevant, useful, and timely 
     information for the local emergency responder for training 
     purposes and in the event of a rail or pipeline hazardous 
     materials incident, including the following:
       ``(i) Existing information that the emergency responder can 
     access, what the current rate of access and usefulness is for 
     the emergency responder, and what current information should 
     remain and what should be reassessed.
       ``(ii) Utilization of existing technology in the hands of 
     the first responder to maximize delivery of useful and timely 
     information for training purposes or in the event of an 
     incident.
       ``(iii) Assessment of emerging communications technology 
     that could assist the emergency responder in the event of an 
     incident.
       ``(G) Determination of the most appropriate agencies and 
     offices for the implementation of the recommendations, 
     including--
       ``(i) recommendations that can be implemented without 
     congressional action and appropriate time frames for such 
     actions; and
       ``(ii) recommendations that would require congressional 
     action.
       ``(7) Report.--
       ``(A) In general.--Not later than 1 year after the date of 
     the enactment of the Keystone XL Pipeline Approval Act, the 
     Subcommittee shall submit a report containing the 
     recommendations developed under paragraph (6) to the National 
     Advisory Council.
       ``(B) Review.--The National Advisory Council shall take up 
     the Subcommittee's report within 30 days for review and 
     deliberation. The National Advisory Council may ask for 
     additional clarification, changes, or other information from 
     the Subcommittee to assist in the approval of the 
     recommendations.
       ``(C) Recommendation.--Once the National Advisory Council 
     approves the recommendations from the Subcommittee, the 
     National Advisory Council shall submit the report to--
       ``(i) the Administrator;
       ``(ii) the head of each agency represented on the 
     Subcommittee;
       ``(iii) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(iv) the Committee on Homeland Security of the House of 
     Representatives;
       ``(v) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       ``(vi) the Committees on Appropriations of the Senate and 
     the House of Representatives.
       ``(8) Interim activity.--
       ``(A) Updates and oversight.--After the submission of the 
     report by the National Advisory Council under paragraph (7), 
     the Administrator shall--
       ``(i) provide quarterly updates to the congressional 
     committees referred to in paragraph (7) regarding the status 
     of the implementation of the recommendations developed under 
     paragraph (6); and
       ``(ii) coordinate the implementation of the recommendations 
     described in paragraph (6)(G)(i).
       ``(B) Additional reports.--After submitting the report 
     required under paragraph (7), the Subcommittee shall submit 
     additional reports and recommendations in the same manner and 
     to the same entities identified in paragraph (7) if needed or 
     requested from Congress or from the Administrator.
       ``(9) Termination.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Subcommittee shall terminate not later than 4 years after 
     the date of the enactment of the Keystone XL Pipeline 
     Approval Act.
       ``(B) Extension.--The Administrator may extend the duration 
     of the Subcommittee, in 1-year increments, if the 
     Administrator determines that additional reports and 
     recommendations are needed from the Subcommittee after the 
     termination date set forth in subparagraph (A).''.
                                 ______
                                 
  SA 97. Ms. HEITKAMP submitted an amendment to be proposed by her to 
the bill S.1, supra; which was ordered to lie on the table, as follows:

       At the appropriate place, insert the following:

     SEC. _. INDIAN ENERGY OFFICE.

       Section 2602(a) of the Energy Policy Act of 1992 (25 U.S.C. 
     3502(a)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Indian energy regulatory office.--
       ``(A) Establishment.--To assist the Secretary in carrying 
     out the Program, the Secretary shall establish within the 
     office of the Deputy Secretary an Indian Energy Regulatory 
     Office (referred to in this paragraph as the `Office'), to be 
     located in Denver, Colorado.
       ``(B) Existing resources.--The Office shall use the 
     existing resources of the Division of Energy and Mineral 
     Development of the Office of Indian Energy and Economic 
     Development.
       ``(C) Director.--The Office shall be led by a Director who 
     shall--
       ``(i) be compensated at a rate equal to that of level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code; and
       ``(ii) report directly to the Deputy Secretary.
       ``(D) Functions.--The Office shall serve as a new Regional 
     Office within the Bureau of Indian Affairs, which an energy-
     producing Indian tribe may select to replace the existing 
     Regional Office of the Indian tribe--
       ``(i) notwithstanding any other law, to oversee, 
     coordinate, process and approve all Federal leases, 
     easements, rights-of-way, permits, policies, environmental 
     reviews, and any other authorities related to energy 
     development on Indian land;
       ``(ii)(I) to support review and evaluation by Agency 
     Offices of the Bureau of Indian Affairs and Indian tribes 
     of--

[[Page S364]]

       ``(aa) energy proposals, permits, mineral leases, and 
     rights-of-way; and
       ``(bb) Mineral Agreements entered into under section 3 of 
     the Indian Mineral Development Act of 1982 (25 U.S.C. 2102) 
     for final approval; and
       ``(II) to conduct environmental reviews and surface 
     monitoring for the activities described in items (aa) and 
     (bb) of subclause (I);
       ``(iii) to review and prepare Applications for Permits to 
     Drill, communitization agreements, and well spacing proposals 
     for approval;
       ``(iv) to provide production monitoring, inspection, and 
     enforcement;
       ``(v) to oversee drainage issues;
       ``(vi) to provide energy-related technical assistance and 
     financial management training to Agency Offices of the Bureau 
     of Indian Affairs and Indian tribes;
       ``(vii) to develop best practices in the area of Indian 
     energy development, including standardizing energy 
     development processes, procedures, and forms among Agency and 
     Regional Offices of the Bureau of Indian Affairs;
       ``(viii) to minimize delays and obstacles to Indian energy 
     development; and
       ``(ix) to provide technical assistance to Indian tribes in 
     the areas of energy-related engineering, environmental 
     analysis, management, and oversight of energy development, 
     assessment of energy development resources, proposals and 
     financing, and development of conventional and renewable 
     energy resources.
       ``(E) Relationship to bureau of indian affairs regional and 
     agency offices.--
       ``(i) In general.--The Office shall have the authority to 
     review and approve all energy-related matters for Indian 
     tribes that select to use the Office under subparagraph (D), 
     without subsequent or duplicative review and approval by 
     other Agency or Regional Offices of the Bureau of Indian 
     Affairs or other agencies of the Department of the Interior.
       ``(ii) Non-energy related matters.--Nothing in this 
     paragraph affects the authority or duty of Regional Offices 
     of the Bureau of Indian Affairs to oversee, support, and 
     provide approvals for non-energy related matters.
       ``(iii) Regional and local services.--Nothing in this 
     paragraph affects the authority or duty of Agency Offices of 
     the Bureau of Indian Affairs and State and Field Offices of 
     the Bureau of Land Management to provide regional and local 
     services related to Indian energy development, including 
     local realty functions, on-site evaluations and inspections, 
     direct services as requested by Indian tribes and individual 
     Indians, and any other local functions related to energy 
     development on Indian land.
       ``(iv) Technical assistance.--The Office shall provide 
     technical assistance and support to the Bureau of Indian 
     Affairs and the Bureau of Land Management in all areas 
     related to energy development on Indian land.
       ``(F) Designation of interior staff.--
       ``(i) In general.--The Secretary shall designate and 
     transfer to the Office existing staff and resources from--

       ``(I) the Division of Energy and Mineral Development of the 
     Office of Indian Energy and Economic Development and other 
     applicable offices of the Bureau of Indian Affairs;
       ``(II) the Bureau of Land Management;
       ``(III) the Office of Valuation Services;
       ``(IV) the Office of Natural Resources Revenue;
       ``(V) the United States Fish and Wildlife Service;
       ``(VI) the Office of Special Trustee;
       ``(VII) the Office of the Solicitor;
       ``(VIII) the Office of Surface Mining, including mining 
     engineering and minerals realty specialists; and
       ``(IX) any other agency or office of the Department of the 
     Interior involved in energy development on Indian land.

       ``(ii) Functions.--Staff and resources transferred under 
     clause (i) shall provide for--

       ``(I) review, processing, and approval of permits and 
     regulatory matters under--

       ``(aa) the Act of February 5, 1948 (commonly known as the 
     `Indian Right-of-Way Act') (25 U.S.C. 323 et seq.);
       ``(bb) the Act of May 11, 1938 (commonly known as the 
     `Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et 
     seq.);
       ``(cc) the first section of the Act of August 9, 1955 (25 
     U.S.C. 415);
       ``(dd) the Indian Mineral Development Act of 1982 (25 
     U.S.C. 2101 et seq.);
       ``(ee) this title;
       ``(ff) the Surface Mining Control and Reclamation Act of 
     1977 (30 U.S.C. 1201 et seq.);
       ``(gg) part 162 of title 25, Code of Federal Regulations 
     (relating to leases and permits) (or successor regulations); 
     and
       ``(hh) part 169 of title 25, Code of Federal Regulations 
     (relating to rights-of-way over Indian lands) (or successor 
     regulations); and

       ``(II) consultations and preparation of biological opinions 
     under section 7 of the Endangered Species Act of 1973 (16 
     U.S.C. 1536);
       ``(III) preparation of environmental impact statements or 
     similar analyses required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
       ``(IV) technical assistance and training for various forms 
     of energy development on Indian land.

       ``(G) Management of indian land.--The Director shall ensure 
     that--
       ``(i) all environmental reviews and permitting decisions--

       ``(I) comply with the unique legal relationship between the 
     United States and Indian tribal governments (as set forth in 
     the Constitution of the United States, treaties, statutes, 
     Executive orders, and court decisions); and
       ``(II) are exercised in a manner that promotes tribal 
     authority over Indian land, consistent with the policy of the 
     Federal Government supporting Indian self-determination; and

       ``(ii) Indian land shall not be--

       ``(I) considered to be Federal public land or part of the 
     public domain; or
       ``(II) be managed in accordance with Federal public land 
     laws and policies.

       ``(H) Indian self-determination.--Programs and services 
     operated by the Office shall be provided pursuant to 
     contracts and grants awarded under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.).
       ``(I) Transfer of funds.--
       ``(i) In general.--To fund the Office for a period not to 
     exceed 2 years, the Secretary shall transfer such funds as 
     are necessary from the annual budgets of--

       ``(I) the Bureau of Indian Affairs;
       ``(II) the United States Fish and Wildlife Service;
       ``(III) the Bureau Land Management;
       ``(IV) the Office of Surface Mining;
       ``(V) the Office of Natural Resources Revenue; and
       ``(VI) the Office of Mineral Valuation.

       ``(ii) Base budget.--At the end of the period described in 
     clause (i), the combined total of the funds transferred under 
     that clause shall serve as the base budget for the Office.
       ``(J) Appropriations offset.--All fees generated from 
     Applications for Permits to Drill, inspection, nonproducing 
     acreage, or any other fees related to energy development on 
     Indian land--
       ``(i) shall, beginning on the date the Office is opened, be 
     transferred to the budget of the Office; and
       ``(ii) may be used to advance or fulfill any of the stated 
     duties and purposes of the Office.
       ``(K) Report.--The Office shall--
       ``(i) keep detailed records documenting the activities of 
     the Office; and
       ``(ii) annually submit to Congress a report detailing--

       ``(I) the number and type of Federal approvals granted;
       ``(II) the time taken to process each type of application;
       ``(III) the need for additional similar offices to be 
     located in other regions; and
       ``(IV) proposed changes in existing law to facilitate the 
     development of energy resources on Indian land and improve 
     oversight of energy development on Indian land.

       ``(L) Coordination with additional federal agencies.--Not 
     later than 1 year after establishing the Office, the 
     Secretary shall enter into a memorandum of understanding to 
     coordinate and streamline energy-related permits with--
       ``(i) the Administrator of the Environmental Protection 
     Agency;
       ``(ii) the Assistant Secretary of the Army for Civil Works; 
     and
       ``(iii) the Secretary of Agriculture.''.
                                 ______
                                 
  SA 98. Ms. MURKOWSKI submitted an amendment to be proposed by her to 
the bill S.1, supra; which was ordered to lie on the table, as follows:

       At the appropriate place, insert the following:

     SEC. ___. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) President Obama has committed $3,000,000,000 from the 
     United States to the Green Climate Fund of the United Nations 
     Framework Convention on Climate Change;
       (2) any payments the United States ultimately makes to the 
     Green Climate Fund will be redistributed to finance 
     adaptation and mitigation efforts in developing countries 
     that are parties to the Convention;
       (3) none of the eligible developing country parties to the 
     Convention is an Arctic nation;
       (4) the residents of the Arctic, many of whom represent 
     vibrant indigenous and traditional cultures, too often face 
     social and economic challenges that rival those in developing 
     countries;
       (5) despite the fact that the United States is an Arctic 
     nation, President Obama has made no similar effort to provide 
     financial assistance to the residents of the United States 
     Arctic region, even though many of those communities have 
     opportunities for adaptation projects;
       (6) similar opportunities for adaptation projects exist 
     across rural communities in the United States;
       (7) the United States should prioritize adaptation projects 
     in the United States Arctic region and rural communities 
     before allocating any taxpayer dollars to the Green Climate 
     Fund; and
       (8) to the extent that Congress appropriates any taxpayer 
     dollars for adaptation, those funds should first be applied 
     to known and anticipated adaptation needs of communities 
     within the United States.

[[Page S365]]



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