[Congressional Record Volume 161, Number 36 (Tuesday, March 3, 2015)]
[Senate]
[Pages S1248-S1254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCONNELL:
  S. 625. A bill to provide for congressional review and oversight of 
agreements relating to Iran's nuclear program, and for other purposes; 
read the first time.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 625

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Iran Nuclear Agreement 
     Review Act of 2015''.

     SEC. 2. CONGRESSIONAL REVIEW AND OVERSIGHT OF AGREEMENTS WITH 
                   IRAN RELATING TO THE NUCLEAR PROGRAM OF IRAN.

       The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is 
     amended by inserting after section 134 the following new 
     section:

     ``SEC. 135. CONGRESSIONAL REVIEW AND OVERSIGHT OF AGREEMENTS 
                   WITH IRAN.

       ``(a) Transmission to Congress of Nuclear Agreements With 
     Iran and Verification Assessment With Respect to Such 
     Agreements.--
       ``(1) Transmission of agreements.--Not later than 5 
     calendar days after reaching an agreement with Iran relating 
     to the nuclear program of Iran, the President shall transmit 
     to the appropriate congressional committees--
       ``(A) the text of the agreement and all related materials 
     and annexes;
       ``(B) a verification assessment report of the Secretary of 
     State prepared under paragraph (2) with respect to the 
     agreement; and
       ``(C) a certification that--
       ``(i) the agreement includes the appropriate terms, 
     conditions, and duration of the agreement's requirements with 
     respect to Iran's nuclear activities and provisions 
     describing any sanctions to be waived, suspended, or 
     otherwise reduced by the United States, and any other nation 
     or entity, including the United Nations; and
       ``(ii) the President determines the agreement meets United 
     States non-proliferation objectives, does not jeopardize the 
     common defense and security, provides an adequate framework 
     to ensure that Iran's nuclear activities permitted thereunder 
     will not be inimical to or constitute an unreasonable risk to 
     the common defense and security, and ensures that Iran's 
     nuclear activities permitted thereunder will not be used to 
     further any nuclear-related military or nuclear explosive 
     purpose, including for any research on or development of any 
     nuclear explosive device or any other nuclear-related 
     military purpose.
       ``(2) Verification assessment report.--
       ``(A) In general.--The Secretary of State shall prepare, 
     with respect to an agreement described in paragraph (1), a 
     report assessing--
       ``(i) the extent to which the Secretary will be able to 
     verify that Iran is complying with its obligations under the 
     agreement;
       ``(ii) the adequacy of the safeguards and other control 
     mechanisms and other assurances contained in the agreement 
     with respect to Iran's nuclear program to ensure Iran's 
     activities permitted thereunder will not be used to further 
     any nuclear-related military or nuclear explosive purpose, 
     including for any research on or development of any nuclear 
     explosive device or any other nuclear-related military 
     purpose; and
       ``(iii) the capacity and capability of the International 
     Atomic Energy Agency to effectively implement the 
     verification regime required by the agreement, including 
     whether the International Atomic Energy Agency has the 
     required funding, manpower, and authority to do so.
       ``(B) Assumptions.--In preparing a report under 
     subparagraph (A) with respect to an agreement described in 
     paragraph (1), the Secretary shall assume that Iran could--
       ``(i) use all measures not expressly prohibited by the 
     agreement to conceal activities that violate its obligations 
     under the agreement; and
       ``(ii) alter or deviate from standard practices in order to 
     impede efforts to verify that Iran is complying with those 
     obligations.
       ``(C) Classified annex.--A report under subparagraph (A) 
     shall be transmitted in unclassified form, but shall include 
     a classified annex prepared in consultation with the Director 
     of National Intelligence, summarizing relevant classified 
     information.
       ``(3) Exception.--The requirements of subparagraphs (B) and 
     (C) of paragraph (1) shall not apply to an agreement defined 
     in subsection (i)(4).
       ``(b) Period for Review by Congress of Nuclear Agreements 
     With Iran.--
       ``(1) In general.--During the 60-day period following 
     transmittal by the President of an agreement pursuant to 
     subsection (a), the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives shall, as appropriate, hold hearings and 
     briefings and otherwise obtain information in order to fully 
     review such agreement.
       ``(2) Limitation on actions during period of review.--
     Notwithstanding any other provision of law, except as 
     provided in paragraph (3), during the period for review 
     provided in paragraph (1), the President may not waive, 
     suspend, reduce, provide relief from, or otherwise limit the 
     application of statutory sanctions with respect to Iran under 
     any provision of law or refrain from applying any such 
     sanctions pursuant to an agreement described in subsection 
     (a).
       ``(3) Exception.--The prohibition under paragraph (2) does 
     not apply to any deferral, waiver, or other suspension of 
     statutory sanctions pursuant to the Joint Plan of Action if 
     that deferral, waiver, or other suspension is made--
       ``(A) consistent with the law in effect on the date of the 
     enactment of the Iran Nuclear Agreement Review Act of 2015; 
     and
       ``(B) not later than 45 days before the transmission by the 
     President of an agreement, assessment report, and 
     certification under subsection (a).
       ``(c) Effect of Congressional Action With Respect to 
     Nuclear Agreements With Iran.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, action involving any measure of statutory sanctions 
     relief by the United States pursuant to an agreement subject 
     to subsection (a) or the Joint Plan of Action--
       ``(A) may be taken, consistent with existing statutory 
     requirements for such action, if, during the period for 
     review provided in subsection (b)(1), the Congress adopts, 
     and there is enacted, a joint resolution stating in substance 
     that the Congress does favor the agreement;
       ``(B) may not be taken if, during the period for review 
     provided in subsection (b)(1), the Congress adopts, and there 
     is enacted, a joint resolution stating in substance that the 
     Congress does not favor the agreement; or
       ``(C) may be taken, consistent with existing statutory 
     requirements for such action, if, following the period for 
     review provided in subsection (b)(1), there is not enacted 
     any such joint resolution.
       ``(2) Definition.--For the purposes of this subsection, the 
     phrase `action involving any measure of statutory sanctions 
     relief by the United States' shall include waiver, 
     suspension, reduction, or other effort to provide relief 
     from, or otherwise limit the application of statutory 
     sanctions with respect to, Iran under any provision of law or 
     any other effort to refrain from applying any such sanctions.
       ``(d) Congressional Oversight of Iranian Compliance With 
     Nuclear Agreements.--
       ``(1) In general.--The President shall, within 10 days of 
     receiving credible and accurate information relating to a 
     potentially significant breach or compliance incident by Iran 
     with respect to an agreement subject to subsection (a), 
     submit such information to the appropriate congressional 
     committees.
       ``(2) Material breach report.--Not later than 10 days after 
     submitting information about a potentially significant breach 
     or compliance incident pursuant to paragraph (1), the 
     President shall make a determination whether such potentially 
     significant breach or compliance issue constitutes a material 
     breach and shall submit to the appropriate congressional 
     committees such determination, accompanied by, as 
     appropriate, a report on the action or failure to act by Iran 
     that led to the material breach, actions necessary for Iran 
     to cure the breach, and the status of Iran's efforts to cure 
     the breach.
       ``(3) Semi-annual report.--Not later than 180 days after 
     entering into an agreement described in subsection (a), and 
     not less frequently than once every 180 days thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report on Iran's nuclear program and the 
     compliance of Iran with the agreement during the period

[[Page S1249]]

     covered by the report, including the following elements:
       ``(A) Any action or failure to act by Iran that breached 
     the agreement or is in noncompliance with the terms of the 
     agreement.
       ``(B) Any delay by Iran of more than one week in providing 
     inspectors access to facilities, people, and documents in 
     Iran as required by the agreement.
       ``(C) Any progress made by Iran to resolve concerns by the 
     International Atomic Energy Agency about possible military 
     dimensions of Iran's nuclear program.
       ``(D) Any procurement by Iran of materials in violation of 
     the agreement.
       ``(E) Any centrifuge research and development conducted by 
     Iran that--
       ``(i) is not in compliance with the agreement; or
       ``(ii) may substantially enhance the enrichment capacity of 
     Iran if deployed.
       ``(F) Any diversion by Iran of uranium, carbon-fiber, or 
     other materials for use in Iran's nuclear program in 
     violation of the agreement.
       ``(G) Any covert nuclear activities undertaken by Iran.
       ``(H) An assessment of whether any Iranian financial 
     institutions are engaged in money laundering or terrorist 
     finance activities, including names of specific financial 
     institutions if applicable.
       ``(I) An assessment of--
       ``(i) whether, and the extent to which, Iran supported acts 
     of terrorism; and
       ``(ii) whether Iran directly supported, financed, planned, 
     or carried out an act of terrorism against the United States 
     or a United States person anywhere in the world.
       ``(4) Additional reports and information.--
       ``(A) Agency reports.--Following submission of an agreement 
     pursuant to subsection (a) to the appropriate congressional 
     committees, the Department of State, the Department of 
     Energy, and the Department of Defense shall, upon the request 
     of either of those committees, promptly furnish to those 
     committees their views as to whether the safeguards and other 
     controls contained in the agreement with respect to Iran's 
     nuclear program provide an adequate framework to ensure that 
     Iran's activities permitted thereunder will not be inimical 
     to or constitute an unreasonable risk to the common defense 
     and security.
       ``(B) Provision of information on nuclear initiatives with 
     iran.--The President shall keep the appropriate congressional 
     committees fully and currently informed of any initiative or 
     negotiations with Iran relating Iran's nuclear program, 
     including any new or amended agreement.
       ``(5) Certification.--After the review period provided in 
     subsection (b)(1), the President shall, not less than every 
     90 days--
       ``(A) determine whether the President is able to certify 
     that--
       ``(i) Iran is transparently, verifiably, and fully 
     implementing the agreement, including all related technical 
     or additional agreements;
       ``(ii) Iran has not committed a material breach with 
     respect to the agreement or, if Iran has committed a material 
     breach, Iran has cured the material breach;
       ``(iii) Iran has not taken any action, including covert 
     action, that could significantly advance its nuclear weapons 
     program;
       ``(iv) Iran has not directly supported or carried out an 
     act of terrorism against the United States or a United States 
     person anywhere in the world; and
       ``(v) suspension of sanctions related to Iran pursuant to 
     the agreement is--

       ``(I) appropriate and proportionate to the specific and 
     verifiable measures taken by Iran with respect to terminating 
     its illicit nuclear program; and
       ``(II) vital to the national security interests of the 
     United States; and

       ``(B) if the President determines he is able to make the 
     certification described in subparagraph (A), make such 
     certification to the appropriate congressional committees.
       ``(e) Expedited Consideration of Legislation.--
       ``(1) In general.--In the event the President does not 
     submit a certification pursuant to subsection (d)(5) or has 
     determined pursuant to subsection (d)(2) that Iran has 
     materially breached an agreement subject to subsection (a), 
     Congress may initiate within 60 days expedited consideration 
     of qualifying legislation pursuant to this subsection.
       ``(2) Qualifying legislation defined.--For purposes of this 
     subsection, the term `qualifying legislation' means only a 
     bill of either House of Congress--
       ``(A) the title of which is as follows: `A bill reinstating 
     statutory sanctions imposed with respect to Iran.'; and
       ``(B) the matter after the enacting clause of which is: 
     `Any statutory sanctions imposed with respect to Iran 
     pursuant to ______ that were waived, suspended, reduced, or 
     otherwise relieved pursuant to an agreement submitted 
     pursuant to section 135(a) of the Atomic Energy Act of 1954 
     are hereby reinstated and any action by the United States 
     Government to facilitate the release of funds or assets to 
     Iran pursuant to such agreement, or provide any further 
     waiver, suspension, reduction, or other relief is hereby 
     prohibited.', with the blank space being filled in with the 
     law or laws under which sanctions are to be reinstated.
       ``(3) Introduction.--During the 60-day period provided for 
     in paragraph (1), qualifying legislation may be introduced--
       ``(A) in the House of Representatives, by the Speaker (or 
     the Speaker's designee) or the minority leader (or the 
     minority leader's designee); and
       ``(B) in the Senate, by the majority leader (or the 
     majority leader's designee) or the minority leader (or the 
     minority leader's designee).
       ``(4) Committee referral.--Qualifying legislation 
     introduced in the Senate shall be referred to the Committee 
     on Foreign Relations and in the House of Representatives to 
     the Committee on Foreign Affairs.
       ``(5) Discharge.--If the committee of either House to which 
     qualifying legislation has been referred has not reported 
     such qualifying legislation within 10 session days after the 
     date of referral of such legislation, that committee shall be 
     discharged from further consideration of such legislation and 
     the qualifying legislation shall be placed on the appropriate 
     calendar.
       ``(6) Floor consideration in house of representatives.--
       ``(A) Proceeding to consideration.--After each committee 
     authorized to consider qualifying legislation reports it to 
     the House of Representatives or has been discharged from its 
     consideration, it shall be in order to move to proceed to 
     consider the qualifying legislation in the House. All points 
     of order against the motion are waived. Such a motion shall 
     not be in order after the House has disposed of a motion to 
     proceed on the qualifying legislation. The previous question 
     shall be considered as ordered on the motion to its adoption 
     without intervening motion. The motion shall not be 
     debatable. A motion to reconsider the vote by which the 
     motion is disposed of shall not be in order.
       ``(B) Consideration.--The qualifying legislation shall be 
     considered as read. All points of order against the 
     qualifying legislation and against its consideration are 
     waived. The previous question shall be considered as ordered 
     on the qualifying legislation to its passage without 
     intervening motion except 2 hours of debate equally divided 
     and controlled by the proponent and an opponent. A motion to 
     reconsider the vote on passage of the qualifying legislation 
     shall not be in order. No amendment to, or motion to 
     recommit, qualifying legislation shall be in order.
       ``(C) Appeals.--All appeals from the Chair relating to the 
     application of the Rules of the House of Representatives to 
     the procedure relating to the qualifying legislation shall be 
     decided without debate.
       ``(7) Floor consideration in the senate.--
       ``(A) In general.--Notwithstanding Rule XXII of the 
     Standing Rules of the Senate, it is in order at any time 
     after the committee authorized to consider qualifying 
     legislation reports it to the Senate or has been discharged 
     from its consideration (even though a previous motion to the 
     same effect has been disagreed to) to move to proceed to the 
     consideration of qualifying legislation, and all points of 
     order against qualifying legislation (and against 
     consideration of the qualifying legislation) are waived. The 
     motion to proceed is not debatable. The motion is not subject 
     to a motion to postpone. A motion to reconsider the vote by 
     which the motion is agreed to or disagreed to shall not be in 
     order. If a motion to proceed to the consideration of the 
     qualifying legislation is agreed to, the qualifying 
     legislation shall remain the unfinished business until 
     disposed of.
       ``(B) Debate.--Debate on qualifying legislation, and on all 
     debatable motions and appeals in connection therewith, shall 
     be limited to not more than 10 hours, which shall be divided 
     equally between the majority and minority leaders or their 
     designees. A motion to further limit debate is in order and 
     not debatable. An amendment to, or a motion to postpone, or a 
     motion to proceed to the consideration of other business, or 
     a motion to recommit the qualifying legislation is not in 
     order.
       ``(C) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the debate on the 
     qualifying legislation and a single quorum call at the 
     conclusion of the debate, if requested in accordance with the 
     rules of the Senate.
       ``(D) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to qualifying legislation shall be decided without 
     debate.
       ``(E) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to qualifying legislation, 
     including all debatable motions and appeals in connection 
     with such qualifying legislation, shall be limited to 10 
     hours, to be equally divided between, and controlled by, the 
     majority leader and the minority leader or their designees.
       ``(8) Rules relating to senate and house of 
     representatives.--
       ``(A) Coordination with action by other house.--If, before 
     the passage by one House of qualifying legislation of that 
     House, that House receives qualifying legislation from the 
     other House, then the following procedures shall apply:
       ``(i) The qualifying legislation of the other House shall 
     not be referred to a committee.
       ``(ii) With respect to qualifying legislation of the House 
     receiving the legislation--

       ``(I) the procedure in that House shall be the same as if 
     no qualifying legislation had been received from the other 
     House; but
       ``(II) the vote on passage shall be on the qualifying 
     legislation of the other House.

       ``(B) Treatment of joint resolution of other house.--If one 
     House fails to introduce or consider qualifying legislation 
     under

[[Page S1250]]

     this section, the qualifying legislation of the other House 
     shall be entitled to expedited floor procedures under this 
     section.
       ``(C) Treatment of companion measures.--If, following 
     passage of the qualifying legislation in the Senate, the 
     Senate then receives a companion measure from the House of 
     Representatives, the companion measure shall not be 
     debatable.
       ``(f) Rules of House of Representatives and Senate.--
     Subsection (e) is enacted by Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     are deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of legislation described 
     in those sections, and supersede other rules only to the 
     extent that they are inconsistent with such rules; and
       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       ``(g) Rules of Construction.--Nothing in the section shall 
     be construed as--
       ``(1) modifying, or having any other impact on, the 
     President's authority to negotiate, enter into, or implement 
     appropriate executive agreements, other than the restrictions 
     on implementation of the agreements specifically covered by 
     this Act;
       ``(2) allowing any new waiver, suspension, reduction, or 
     other relief from statutory sanctions with respect to Iran 
     under any provision of law, or allowing the President to 
     refrain from applying any such sanctions pursuant to an 
     agreement described in subsection (a) during the period for 
     review provided in subsection (b)(1);
       ``(3) revoking or terminating any statutory sanctions 
     imposed on Iran; or
       ``(4) authorizing the use of military force against Iran.
       ``(h) Sense of Congress.--It is the sense of Congress 
     that--
       ``(1) the sanctions regime imposed on Iran by Congress is 
     primarily responsible for bringing Iran to the table to 
     negotiate on its nuclear program;
       ``(2) these negotiations are a critically important matter 
     of national security and foreign policy for the United States 
     and its closest allies; and
       ``(3) it is critically important that Congress have the 
     opportunity to consider and, as appropriate, take action on 
     any agreement affecting the statutory sanctions regime 
     imposed by Congress.
       ``(i) Definitions.--In this section:
       ``(1) Agreement and all related materials and annexes.--The 
     term `agreement and all related materials and annexes' means 
     the agreement itself and any additional materials related 
     thereto, including annexes, appendices, codicils, side 
     agreements, implementing materials, documents, and guidance, 
     technical or other understandings, and any related 
     agreements, whether entered into or implemented prior to the 
     agreement or to be entered into or implemented in the future.
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' has the meaning given 
     that term in section 14 of the Iran Sanctions Act of 1996 
     (Public Law 104-172; 50 U.S.C. 1701 note).
       ``(3) Iranian financial institution.--The term `Iranian 
     financial institution' has the meaning given the term in 
     section 104A(d) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 
     8513b(d)).
       ``(4) Joint plan of action.--The term `Joint Plan of 
     Action' means the Joint Plan of Action, signed at Geneva 
     November 24, 2013, by Iran and by France, Germany, the 
     Russian Federation, the People's Republic of China, the 
     United Kingdom, and the United States, and all implementing 
     materials and agreements related to the Joint Plan of Action, 
     including the technical understandings reached on January 12, 
     2014, the extension thereto agreed to on July 18, 2014, the 
     extension agreed to on November 24, 2014, and any extension 
     that is agreed to on or after the date of the enactment of 
     the Iran Nuclear Agreement Review Act of 2015.
       ``(5) Material breach.--The term `material breach' means, 
     with respect to an agreement described in subsection (a), any 
     breach of the agreement that substantially--
       ``(A) benefits Iran's nuclear program;
       ``(B) decreases the amount of time required by Iran to 
     achieve a nuclear weapon; or
       ``(C) deviates from or undermines the purposes of such 
     agreement.
       ``(6) Noncompliance defined.--The term `noncompliance' 
     means any departure from the terms of an agreement described 
     in subsection (a) that is not a material breach.
       ``(7) P5+1 countries.--The term `P5+1 countries' means the 
     United States, France, the Russian Federation, the People's 
     Republic of China, the United Kingdom, and Germany.
       ``(8) United states person.--The term `United States 
     person' has the meaning given that term in section 101 of the 
     Comprehensive Iran Sanctions, Accountability, and Divestment 
     Act of 2010 (22 U.S.C. 8511).''.
       This act shall become effective 1 day after enactment.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 630. A bill to establish the Sacramento-San Joaquin Delta National 
Heritage Area; to the Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I rise on behalf of myself and Senator 
Boxer to introduce legislation to establish a National Heritage Area in 
the California Sacramento-San Joaquin Delta. This legislation will 
create the first Heritage Area in California.
  This bill was first introduced in 2011 and has been the subject of 
Energy and Natural Resources Committee hearings in both the 112th and 
113th Congresses. Since then, the Delta Protection Commission has 
completed a feasibility study, as required, and endorsed the 
legislation. Additionally, the National Park Service has confirmed that 
the study is consistent with the agency's interim National Heritage 
Area Feasibility Study Guidelines.
  I was pleased to have had the opportunity to work with Senator Boxer, 
Representative John Garamendi, and the County Supervisors from the five 
Delta Counties to develop this legislation and look forward to 
continuing to partner with them as well as local, State and Federal 
agencies to care for and improve the Delta.
  This bill will establish the Sacramento-San Joaquin Delta as a 
National Heritage Area. The purpose of the heritage area is to conserve 
and protect the Delta, its communities, its resources, and its history.
  The Delta Protection Commission, created by California law and 
responsible to the citizens of the Delta and California, will manage 
the Heritage Area. It will ensure an open and public process, working 
with all levels of Federal, State, and local government, tribes, local 
stakeholders, and private property owners as it develops and implements 
the management plan for the Heritage Area. The bill authorizes $10 
million in Federal assistance over the next 15 years to provide 
technical assistance and matching grants to local governments and 
nonprofit organizations to implement the management plan to conserve 
and protect the delta's natural, historical and cultural resources.
  It is also important to understand what this legislation will not do. 
It will not affect water rights. It will not affect water contracts. It 
will not affect private property. It will not affect fishing or 
hunting.
  Nothing in this bill gives any governmental agency any more 
regulatory power than it already has, nor does it take away regulatory 
from agencies that have it.
  In short, this bill does not affect water rights or water contracts, 
nor does it impose any additional responsibilities on local government 
or residents. Instead, it authorizes Federal assistance to a local 
process already required by State law that will elevate the Delta, 
providing a means to conserve and protect its valued communities, 
resources, and history.
  The Sacramento-San Joaquin Delta is the largest estuary on the West 
Coast. It is the most extensive inland delta in the world, and a unique 
national treasure.
  Today, it is a labyrinth of sloughs, wetlands, and deepwater channels 
that connect the waters of the high Sierra mountain streams to the 
Pacific Ocean through the San Francisco Bay. Its approximately 60 
islands are protected by 1,100 miles of levees, and are home to 
3,500,000 residents, including 2,500 family farmers. The Delta and its 
farmers produce some of the highest quality specialty crops in the 
United States.
  The Delta offers recreational opportunities to the two million 
Californians who visit the area each year for boating, fishing, 
hunting, visiting historic sites, and viewing wildlife. It provides 
habitat for more than 750 species of plants and wildlife. These include 
sand hill cranes that migrate to the Delta wetland from places as far 
away as Siberia. The Delta also provides habitat for 55 species of 
fish, including Chinook salmon, some as large as 60 pounds, that return 
each year to travel through the Delta to spawn in the tributaries.
  These same waterways also channel fresh water to the Federal and 
State-owned pumps in the South Delta that provide water to 23 million 
Californians and three million acres of irrigated agricultural land 
elsewhere in the State.
  Before the Delta was reclaimed for farmland in the 19th Century, the 
Delta flooded regularly with snow melt each spring, and provided the 
rich environment that, by 1492, supported the

[[Page S1251]]

largest settlement of Native Americans in North America.
  The Delta was the gateway to the gold fields in 1849, after which 
Chinese workers built hundreds of miles of levees throughout the 
waterways of the Delta to make its rich peat soils available for 
farming and to control flooding.
  Japanese, Italians, German, Portuguese, Dutch, Greeks, South Asians 
and other immigrants began the farming legacy, and developed 
technologies specifically adapted to the unique environment, including 
the Caterpillar Tractor, which later contributed to agriculture and 
transportation internationally.
  Delta communities created a river culture befitting their dependence 
on water transport, a culture which has attracted the attention of 
authors from Mark Twain and Jack London to Joan Didion.
  The National Heritage Area designation for the Sacramento-San Joaquin 
Delta will help local governments develop and implement a plan for a 
sustainable future by providing federal recognition, technical 
assistance and small amounts of funding to a community-based process 
already underway.
  Through the Delta Heritage Area, local communities and citizens will 
partner with Federal, State and local governments to collaboratively 
work to promote conservation, community revitalization, and economic 
development projects.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 630

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sacramento-San Joaquin Delta 
     National Heritage Area Establishment Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Sacramento-San Joaquin Delta Heritage Area established by 
     section 3(a).
       (2) Heritage area management plan.--The term ``Heritage 
     Area management plan'' means the plan developed and adopted 
     by the local coordinating entity under this Act.
       (3) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 3(d).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     California.

     SEC. 3. SACRAMENTO-SAN JOAQUIN DELTA HERITAGE AREA.

       (a) Establishment.--There is established the ``Sacramento-
     San Joaquin Delta Heritage Area'' in the State.
       (b) Boundaries.--The boundaries of the Heritage Area shall 
     be in the counties of Contra Costa, Sacramento, San Joaquin, 
     Solano, and Yolo in the State of California, as generally 
     depicted on the map entitled ``Sacramento-San Joaquin Delta 
     National Heritage Area Proposed Boundary'', numbered T27/
     105,030, and dated October 2012.
       (c) Availability of Map.--The map described in subsection 
     (b) shall be on file and available for public inspection in 
     the appropriate offices of the National Park Service and the 
     Delta Protection Commission.
       (d) Local Coordinating Entity.--The local coordinating 
     entity for the Heritage Area shall be the Delta Protection 
     Commission established by section 29735 of the California 
     Public Resources Code.
       (e) Administration.--
       (1) Authorities.--For purposes of carrying out the Heritage 
     Area management plan, the Secretary, acting through the local 
     coordinating entity, may use amounts made available under 
     this Act to--
       (A) make grants to the State or a political subdivision of 
     the State, nonprofit organizations, and other persons;
       (B) enter into cooperative agreements with, or provide 
     technical assistance to, the State or a political subdivision 
     of the State, nonprofit organizations, and other interested 
     parties;
       (C) hire and compensate staff, which shall include 
     individuals with expertise in natural, cultural, and 
     historical resources protection, and heritage programming;
       (D) obtain money or services from any source including any 
     that are provided under any other Federal law or program;
       (E) contract for goods or services; and
       (F) undertake to be a catalyst for any other activity that 
     furthers the Heritage Area and is consistent with the 
     approved Heritage Area management plan.
       (2) Duties.--The local coordinating entity shall--
       (A) in accordance with subsection (f), prepare and submit a 
     Heritage Area management plan to the Secretary;
       (B) assist units of local government, regional planning 
     organizations, and nonprofit organizations in carrying out 
     the approved Heritage Area management plan by--
       (i) carrying out programs and projects that recognize, 
     protect, and enhance important resource values in the 
     Heritage Area;
       (ii) establishing and maintaining interpretive exhibits and 
     programs in the Heritage Area;
       (iii) developing recreational and educational opportunities 
     in the Heritage Area;
       (iv) increasing public awareness of, and appreciation for, 
     natural, historical, scenic, and cultural resources of the 
     Heritage Area;
       (v) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with Heritage Area 
     themes;
       (vi) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access, and sites of interest 
     are posted throughout the Heritage Area; and
       (vii) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     Heritage Area;
       (C) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the Heritage 
     Area management plan;
       (D) conduct meetings open to the public at least 
     semiannually regarding the development and implementation of 
     the Heritage Area management plan;
       (E) for any year that Federal funds have been received 
     under this Act--
       (i) submit an annual report to the Secretary that describes 
     the activities, expenses, and income of the local 
     coordinating entity (including grants to any other entities 
     during the year that the report is made);
       (ii) make available to the Secretary for audit all records 
     relating to the expenditure of the funds and any matching 
     funds; and
       (iii) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     organizations receiving the funds make available to the 
     Secretary for audit all records concerning the expenditure of 
     the funds; and
       (F) encourage by appropriate means economic viability that 
     is consistent with the Heritage Area.
       (3) Prohibition on the acquisition of real property.--The 
     local coordinating entity shall not use Federal funds made 
     available under this Act to acquire real property or any 
     interest in real property.
       (4) Cost-sharing requirement.--The Federal share of the 
     cost of any activity carried out using any assistance made 
     available under this Act shall be 50 percent.
       (f) Heritage Area Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the local coordinating entity shall 
     submit to the Secretary for approval a proposed Heritage Area 
     management plan.
       (2) Requirements.--The Heritage Area management plan 
     shall--
       (A) incorporate an integrated and cooperative approach to 
     agricultural resources and activities, flood protection 
     facilities, and other public infrastructure;
       (B) emphasizes the importance of the resources described in 
     subparagraph (A);
       (C) take into consideration State and local plans;
       (D) include--
       (i) an inventory of--

       (I) the resources located in the core area described in 
     subsection (b); and
       (II) any other property in the core area that--

       (aa) is related to the themes of the Heritage Area; and
       (bb) should be preserved, restored, managed, or maintained 
     because of the significance of the property;
       (ii) comprehensive policies, strategies and recommendations 
     for conservation, funding, management, and development of the 
     Heritage Area;
       (iii) a description of actions that governments, private 
     organizations, and individuals have agreed to take to protect 
     the natural, historical and cultural resources of the 
     Heritage Area;
       (iv) a program of implementation for the Heritage Area 
     management plan by the local coordinating entity that 
     includes a description of--

       (I) actions to facilitate ongoing collaboration among 
     partners to promote plans for resource protection, 
     restoration, and construction; and
       (II) specific commitments for implementation that have been 
     made by the local coordinating entity or any government, 
     organization, or individual for the first 5 years of 
     operation;

       (v) the identification of sources of funding for carrying 
     out the Heritage Area management plan;
       (vi) analysis and recommendations for means by which local, 
     State, and Federal programs, including the role of the 
     National Park Service in the Heritage Area, may best be 
     coordinated to carry out this Act; and
       (vii) an interpretive plan for the Heritage Area; and
       (E) recommend policies and strategies for resource 
     management that consider and detail the application of 
     appropriate land and water management techniques, including 
     the development of intergovernmental and interagency 
     cooperative agreements to protect the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area.

[[Page S1252]]

       (3) Restrictions.--The Heritage Area management plan 
     submitted under this subsection shall--
       (A) ensure participation by appropriate Federal, State, 
     tribal, and local agencies, including the Delta Stewardship 
     Council, special districts, natural and historical resource 
     protection and agricultural organizations, educational 
     institutions, businesses, recreational organizations, 
     community residents, and private property owners; and
       (B) not be approved until the Secretary has received 
     certification from the Delta Protection Commission that the 
     Delta Stewardship Council has reviewed the Heritage Area 
     management plan for consistency with the plan adopted by the 
     Delta Stewardship Council pursuant to State law.
       (4) Deadline.--If a proposed Heritage Area management plan 
     is not submitted to the Secretary by the date that is 3 years 
     after the date of enactment of this Act, the local 
     coordinating entity shall be ineligible to receive additional 
     funding under this Act until the date that the Secretary 
     receives and approves the Heritage Area management plan.
       (5) Approval or disapproval of heritage area management 
     plan.--
       (A) In general.--Not later than 180 days after the date of 
     receipt of the Heritage Area management plan under paragraph 
     (1), the Secretary, in consultation with the State, shall 
     approve or disapprove the Heritage Area management plan.
       (B) Criteria for approval.--In determining whether to 
     approve the Heritage Area management plan, the Secretary 
     shall consider whether--
       (i) the local coordinating entity is representative of the 
     diverse interests of the Heritage Area, including 
     governments, natural and historic resource protection 
     organizations, educational institutions, businesses, and 
     recreational organizations;
       (ii) the local coordinating entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the Heritage 
     Area management plan; and
       (iii) the resource protection and interpretation strategies 
     contained in the Heritage Area management plan, if 
     implemented, would adequately protect the natural, 
     historical, and cultural resources of the Heritage Area.
       (C) Action following disapproval.--If the Secretary 
     disapproves the Heritage Area management plan under 
     subparagraph (A), the Secretary shall--
       (i) advise the local coordinating entity in writing of the 
     reasons for the disapproval;
       (ii) make recommendations for revisions to the Heritage 
     Area management plan; and
       (iii) not later than 180 days after the receipt of any 
     proposed revision of the Heritage Area management plan from 
     the local coordinating entity, approve or disapprove the 
     proposed revision.
       (D) Amendments.--
       (i) In general.--The Secretary shall approve or disapprove 
     each amendment to the Heritage Area management plan that the 
     Secretary determines make a substantial change to the 
     Heritage Area management plan.
       (ii) Use of funds.--The local coordinating entity shall not 
     use Federal funds authorized by this Act to carry out any 
     amendments to the Heritage Area management plan until the 
     Secretary has approved the amendments.
       (g) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this Act affects the authority 
     of a Federal agency to provide technical or financial 
     assistance under any other law.
       (2) Consultation and coordination.--The head of any Federal 
     agency planning to conduct activities that may have an impact 
     on the Heritage Area is encouraged to consult and coordinate 
     the activities with the Secretary and the local coordinating 
     entity to the maximum extent practicable.
       (3) Other federal agencies.--Nothing in this Act--
       (A) modifies, alters, or amends any law or regulation 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (h) Private Property and Regulatory Protections.--
       (1) In general.--Subject to paragraph (2), nothing in this 
     Act--
       (A) abridges the rights of any property owner (whether 
     public or private), including the right to refrain from 
     participating in any plan, project, program, or activity 
     conducted within the Heritage Area;
       (B) requires any property owner to permit public access 
     (including access by Federal, State, or local agencies) to 
     the property of the property owner, or to modify public 
     access or use of property of the property owner under any 
     other Federal, State, or local law;
       (C) alters any duly adopted land use regulation, approved 
     land use plan, or other regulatory authority of any Federal, 
     State or local agency, or conveys any land use or other 
     regulatory authority to the local coordinating entity;
       (D) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (E) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (F) creates any liability, or affects any liability under 
     any other law, of any private property owner with respect to 
     any person injured on the private property.
       (2) Opt out.--An owner of private property within the 
     Heritage Area may opt out of participating in any plan, 
     project, program, or activity carried out within the Heritage 
     Area under this Act, if the property owner provides written 
     notice to the local coordinating entity.
       (i) Evaluation; Report.--
       (1) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area, the Secretary shall--
       (A) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (B) prepare a report in accordance with paragraph (3).
       (2) Evaluation.--An evaluation conducted under paragraph 
     (1)(A) shall--
       (A) assess the progress of the local coordinating entity 
     with respect to--
       (i) accomplishing the purposes of this Act for the Heritage 
     Area; and
       (ii) achieving the goals and objectives of the approved 
     Heritage Area management plan;
       (B) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (3) Report.--
       (A) In general.--Based on the evaluation conducted under 
     paragraph (1)(A), the Secretary shall prepare a report that 
     includes recommendations for the future role of the National 
     Park Service, if any, with respect to the Heritage Area.
       (B) Required analysis.--If the report prepared under 
     subparagraph (A) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (i) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (ii) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (C) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (j) Effect of Designation.--Nothing in this Act--
       (1) precludes the local coordinating entity from using 
     Federal funds made available under other laws for the 
     purposes for which those funds were authorized; or
       (2) affects any water rights or contracts.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity under this Act shall be determined 
     by the Secretary, but shall be not more than 50 percent.
       (c) Non-Federal Share.--The non-Federal share of the total 
     cost of any activity under this Act may be in the form of in-
     kind contributions of goods or services.

     SEC. 5. TERMINATION OF AUTHORITY.

       (a) In General.--If a proposed Heritage Area management 
     plan has not been submitted to the Secretary by the date that 
     is 5 years after the date of enactment of this Act, the 
     Heritage Area designation shall be rescinded.
       (b) Funding Authority.--The authority of the Secretary to 
     provide assistance under this Act terminates on the date that 
     is 15 years after the date of enactment of this Act.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself and Mr. Sullivan):
  S. 631. A bill to exempt National Forest System land in the State of 
Alaska from the Roadless Area Conservation Rule; to the Committee on 
Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, rise today to introduce legislation 
that I have cosponsored for a number of years, that will remedy the 
problems that have been created by this administration's decision to 
apply the, Inventoried, Roadless Area Conservation Rule to Alaska, 
especially in Southeast Alaska's Tongass National Forest, and also in 
the Chugach National Forest of Southcentral Alaska. I am joined today 
in introducing that bill by my Alaska colleague Senator Dan Sullivan.
  Back in 2001 the Clinton administration promulgated the Nationwide 
Inventoried Area Roadless Conservation Rule. Initially the rule did not 
cover the Tongass National Forest in Alaska, which has been the subject 
of congressional review and special legislation twice in the past 35 
years, first in the Alaska National Interest Lands Conservation Act in 
1980, which reduced the allowable timber harvest in

[[Page S1253]]

the 16.9-million acre forest from nearly 1 billion board feet a year to 
a 450 million board foot harvest level, and later by the Tongass Timber 
Reform Act of 1990, which further reduced the allowable harvest level 
to 267 million board feet annually. Congress in 1980 created 5.75 
million acres of wilderness by creating 14 wilderness areas in the 
forest, and in 1990 further reduced the lands available for timber 
harvesting by creating five additional wilderness areas totaling 
296,000 acres and 12 Land Unit Designation 11 areas of 727,700 acres 
that increased the protected acreages in the Tongass to more than 6.4 
million. With the passage of the Sealaska lands bill in 2014, total 
protected acreage in the Tongass has risen to 6.55 million acres.
  Lands classified for potential timber production have been 
drastically reduced since the 1980 Act's passage. In the Tongass Land 
Management Plans, TLPM, crafted after ANILCA's passage, 13.3 million 
acres of the forest, nearly 80 percent, have been restricted from 
resource development. Of the 9.5 million acres of commercial timber 
lands in the Tongass only 3.4 million were open for development after 
1980 and only 800,000, including previously logged areas, were 
permitted/planned for harvest over a prospective 100-year timber 
rotation, harvesting limited to about 8,250 acres a year--4 percent of 
the total land area. That included about 400,000 ``new'' acres of new 
timber lands over a century on top of the roughly 425,000 acres 
harvested since modern timber activities in Southeast Alaska began in 
the 1950's and allowed in part for reentry in the future. Since passage 
of the Tongass Timber Reform Act, and since imposition of the 
Inventoried Roadless Rule, potential harvesting has dropped even 
further.
  The 2001 Inventoried Roadless Areas in the Tongass include 9.5 
million acres, 57 percent of the entire forest, while 5.4 million 
acres, 99 percent, of the Chugach National Forest in Southcentral 
Alaska were placed in protected status. In the Tongass 7.4 million 
acres are in the highest protected status of inventoried roadless 
meaning that not only can't roads be built for forestry, but that 
access is not allowed for other uses such as renewable energy 
development. Overall, between the Inventoried Roadless Rule and other 
land protections, fewer than 176,000 acres of ``new'' timber lands are 
planned for harvest over the next 100 years, cutting the allowable sale 
quantity below 267 mmbf. The drop in employment in the region has been 
chilling. According to the Forest Service, total direct timber sector 
employment fell from a high of 3,543 average annual employees in 1990 
to 402 in 2007, Tongass employment in logging and sawmilling has 
declined from 409 in 2001, the first year of the roadless rule, to 114 
by 2007. The drop off in timber activity would actually be higher 
except the State of Alaska, to the degree that it could, increased 
State timber sales. In 2002, for example, 73 percent of all timber cut 
in Southeast came from Federal forest lands, while by 2007 the 
percentage stood at barely half coming from Federal lands.
  Without changes in the roadless rule to allow some additional timber 
harvest areas and other energy and mineral development, no more than 
about 3 percent of the Nation's largest forest will ever be developed 
and Southeast Alaska will be forced to depend solely on fisheries and 
tourism as economic engines, potentially returning the region to its 
impoverished economy of the 1940s.
  Today I am introducing legislation to simply exempt Alaska from the 
Inventoried Roadless Rule. That will not permit economic development on 
all 9.5 million acres of IRA lands in the Tongass or many of the lands 
in the Chugach. They will continue to be protected by the terms of the 
national forest plans for both forests. What it will do is permit land 
planners the flexibility to propose more rational land planning 
decisions in the future. It would allow the Forest Service the ability 
to permit road and electric transmission lines to be placed to tap the 
region's huge hydroelectric potential--there being 300 megawatts of 
hydropower available from known sites, if distribution lines can be 
built at reasonable cost to get the power to markets.
  Adding some timber back to the timber base would allow a timber 
industry to again help the region's economy. But that would not harm 
the environment and wildlife. Already of the 537,451 acres of 
productive old-growth, POG, trees left in the Tongass, 437,000 are in 
permanent conservation areas--81 percent.
  The roadless rule may make sense in the contiguous states since there 
are at least some roads and utility lines that cross those States' 
national forests. In Southeast Alaska, however, there is no 
transportation network except a marine ferry system, and no permitted 
electrical transmission system. It simply made no sense in 2001 for the 
Inventoried Roadless Rules to apply to Alaska. The rule is not needed 
since by existing plans and regulations, even without IRA's, 96 percent 
of the Tongass will remain protected. An exemption from the rule will 
simply allow Alaskans an opportunity to make thoughtful decisions on 
development in a region 18 times larger than the state of Delaware, but 
with 1,300 miles of road in the entire region, 1/10 of the road miles 
of tiny Delaware.
                                 ______
                                 
      By Mr. FLAKE (for himself, Mr. McCain, Mr. Lee, Mr. Crapo, Mr. 
        Cornyn, Mr. Inhofe, and Mr. Vitter):
  S. 638. A bill to amend the Clean Air Act with respect to exceptional 
event demonstrations, and for other purposes; to the Committee on 
Environment and Public Works.
  Mr. FLAKE. Mr. President, I thought I would rise to discuss 
legislation designed to address the bureaucratic overreach in the 
Environmental Protection Agency's air regulations.
  Since I last introduced these bills in June of 2014, EPA's failures 
in this area have become even more glaring. At present, air regulations 
are stifling to both businesses and private citizens, and they are 
negatively impacting our economy.
  Let me say from the outset, we all want clean air. We are always in 
favor of protecting the environment and the air we breathe. I think we 
are not in favor of an EPA that places real regulations over common 
sense.
  Today I am introducing S. 638, S. 639, and S. 640, the CLEER Act, the 
ORDEAL Act, and the Agency PAYGO for greenhouse gases.
  The CLEER Act eases the regulatory burden on States, including desert 
States such as Arizona that are home to so-called exceptional events 
such as dust storms.
  Dust storms in Arizona are not caused by man. They are naturally 
occurring events, just like tornadoes or blizzards in other parts of 
the country. When these dust storms occur in Arizona, they can cause a 
spike in the dust, or the PM-10 level. This is nothing the State can 
control. Yet this blip can cause Arizona and other affected States to 
fall out of compliance with Federal air quality standards. Again, this 
is through no fault of their own. It can lead to a loss of 
transportation dollars, even from the Federal Government.
  Thanks to EPA rules, States end up wasting vast amounts of manpower, 
countless work hours, and lots of taxpayer dollars on reviews and 
appeals for events they cannot control or avoid.
  For example, the Arizona Department of Environmental Quality, the 
Maricopa Air Quality Department, and the Maricopa Association of 
Governments in 2011 and 2012 spent $675,000 and 790 staff hours just to 
prove a spike in PM-10 levels was caused by a dust storm, not 
pollution.
  These EPA reviews are arbitrary, cumbersome, and costly. They lack an 
appeals process that further defies common sense. The EPA has 
continually assured me it would issue a rule to help ease the burdens 
on States, all the States that have to weather forces of nature such as 
this. Yet despite these promises, the EPA has continued to backtrack 
and shift deadlines, and to date has not issued a workable proposed 
rule.
  My legislation on the CLEER Act would require the EPA to move forward 
with a rulemaking, and it would require decisions on such events be 
based on a preponderance of evidence, and will accord deference to 
States' own findings of when such events happen.
  It would also require the EPA to review the States' exceptional-event 
documentation within a reasonable time period of 90 days instead of 
dragging

[[Page S1254]]

out the process. Part of the cost is due to the fact that the EPA drags 
out the process. These practical fixes will alleviate the undue 
hardship States are having to deal with and when we have to deal with 
the effects of these natural events.
  Secondly, the ORDEAL Act is an attempt to overhaul the EPA's 
unnecessary ozone standard reduction until 2018. When the EPA reduced 
permitted ozone standards in 2008, counties across the country that 
were in nonattainment were forced to enact expensive and complicated 
compliance plans.
  Relying on a dubious scientific basis, the EPA has proposed lowering 
the ozone emissions standards even further to 65 parts per billion, 
while accepting comments on lowering it to 60 parts per billion. By 
some estimates, this proposal to lower the ozone level may be the most 
expensive regulation in EPA history--and that is saying something--
costing as much as $1.7 trillion. Lowering ozone standards from 75 
parts per billion to 65 parts per billion will cost a whopping $140 
billion annually. Yet EPA's own science advisers disagree on the very 
basis upon which this regulation is built.
  The ORDEAL Act will stop shaky facts and assumptions from being used 
as a basis for long-term public policy, and will give States the 
flexibility and the time to implement their own innovative and 
proactive measures.
  The bill would also extend air quality standards reviews, including 
ozone, to a 10-year timeline instead of the current 5 years.
  Third, Agency PAYGO. This administration has set its sights on 
reducing carbon emissions, most recently putting draconian regulations 
on existing powerplants, despite the inevitable job losses and spikes 
in energy costs. It has placed a mandate on Arizona to reduce 52 
percent of its carbon emissions by 2030. This is unattainable, unless 
Arizonans are forced to greatly reduce their standard of living.
  The Agency PAYGO Act I am introducing would simply give the EPA a 
taste of its own medicine by requiring the Agency to offset the Federal 
cost of any greenhouse gas rules to an equivalent reduction in Agency 
spending. If the EPA proceeds without offsetting these costs from its 
own budget, the final greenhouse gas rule must be approved by Congress, 
simply saying if you cannot do this as an offset within your own 
budget, bring it to Congress and let's approve it. This bill 
specifically forbids the EPA from denying costs to Federal agencies by 
passing on costs to the Federal agency's ratepayers. If capital costs 
are imposed by a greenhouse gas rule, the EPA must offset those costs 
or get Congress's approval.

  The EPA has a history of implementing costly and stringent standards 
for negligible and even questionable benefit. All three of these 
bills--the CLEER Act, ORDEAL Act, and Agency PAYGO Act--provide more 
certainty than presently exists to States and counties and businesses 
that have to deal with the EPA and will hold the Agency accountable for 
its decisionmaking process.
  I hope my colleagues will join me in supporting these measures.

                          ____________________