[Congressional Record Volume 161, Number 117 (Friday, July 24, 2015)]
[Senate]
[Pages S5683-S5699]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2327. Mr. KIRK (for himself, Mr. Graham, Mr. Blunt, Ms. Ayotte, 
Ms. Heitkamp, Mr. Manchin, Mr. Donnelly, Mr. Warner, Ms. Klobuchar, and 
Ms. Cantwell) submitted an amendment intended to be proposed to 
amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to 
amend the Internal Revenue Code of 1986 to exempt employees with health 
coverage under TRICARE or the Veterans Administration from being taken 
into account for purposes of determining the employers to which the 
employer mandate applies under the Patient Protection and Affordable 
Care Act; as follows:

       At the end of the amendment, insert the following:

           TITLE __--EXPORT-IMPORT BANK OF THE UNITED STATES

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Export-Import Bank Reform 
     and Reauthorization Act of 2015''.

Subtitle A--Taxpayer Protection Provisions and Increased Accountability

     SEC. _11. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING 
                   LOANS, GUARANTEES, AND INSURANCE.

       Section 6(a) of the Export-Import Bank Act of 1945 (12 
     U.S.C. 635e(a)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Applicable amount defined.--In this subsection, the 
     term `applicable amount', for each of fiscal years 2015 
     through 2019, means $135,000,000,000.
       ``(3) Freezing of lending cap if default rate is 2 percent 
     or more.--If the rate calculated under section 8(g)(1) is 2 
     percent or more for a quarter, the Bank may not exceed the 
     amount of loans, guarantees, and insurance outstanding on the 
     last day of that quarter until the rate calculated under 
     section 8(g)(1) is less than 2 percent.''.

     SEC. _12. INCREASE IN LOSS RESERVES.

       (a) In General.--Section 6 of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635e) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Reserve Requirement.--The Bank shall build to and 
     hold in reserve, to protect against future losses, an amount 
     that is not less than 5 percent of the aggregate amount of 
     disbursed and outstanding loans, guarantees, and insurance of 
     the Bank.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is one year after the date 
     of the enactment of this Act.

     SEC. _13. REVIEW OF FRAUD CONTROLS.

       Section 17(b) of the Export-Import Bank Reauthorization Act 
     of 2012 (12 U.S.C. 635a-6(b)) is amended to read as follows:
       ``(b) Review of Fraud Controls.--Not later than 4 years 
     after the date of the enactment of the Export-Import Bank 
     Reform and Reauthorization Act of 2015, and every 4 years 
     thereafter, the Comptroller General of the United States 
     shall--
       ``(1) review the adequacy of the design and effectiveness 
     of the controls used by the Export-Import Bank of the United 
     States to prevent, detect, and investigate fraudulent 
     applications for loans and guarantees and the compliance by 
     the Bank with the controls, including by auditing a sample of 
     Bank transactions; and
       ``(2) submit a written report regarding the findings of the 
     review and providing such recommendations with respect to the 
     controls described in paragraph (1) as the Comptroller 
     General deems appropriate to--
       ``(A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Appropriations of the Senate; and
       ``(B) the Committee on Financial Services and the Committee 
     on Appropriations of the House of Representatives.''.

     SEC. _14. OFFICE OF ETHICS.

       Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635a) is amended by adding at the end the following:
       ``(k) Office of Ethics.--
       ``(1) Establishment.--There is established an Office of 
     Ethics within the Bank, which shall oversee all ethics issues 
     within the Bank.
       ``(2) Head of office.--

[[Page S5684]]

       ``(A) In general.--The head of the Office of Ethics shall 
     be the Chief Ethics Officer, who shall report to the Board of 
     Directors.
       ``(B) Appointment.--Not later than 180 days after the date 
     of the enactment of the Export-Import Bank Reform and 
     Reauthorization Act of 2015, the Chief Ethics Officer shall 
     be--
       ``(i) appointed by the President of the Bank from among 
     persons--

       ``(I) with a background in law who have experience in the 
     fields of law and ethics; and
       ``(II) who are not serving in a position requiring 
     appointment by the President of the United States before 
     being appointed to be Chief Ethics Officer; and

       ``(ii) approved by the Board.
       ``(C) Designated agency ethics official.--The Chief Ethics 
     Officer shall serve as the designated agency ethics official 
     for the Bank pursuant to the Ethics in Government Act of 1978 
     (5 U.S.C. App. 101 et seq.).
       ``(3) Duties.--The Office of Ethics has jurisdiction over 
     all employees of, and ethics matters relating to, the Bank. 
     With respect to employees of the Bank, the Office of Ethics 
     shall--
       ``(A) recommend administrative actions to establish or 
     enforce standards of official conduct;
       ``(B) refer to the Office of the Inspector General of the 
     Bank alleged violations of--
       ``(i) the standards of ethical conduct applicable to 
     employees of the Bank under parts 2635 and 6201 of title 5, 
     Code of Federal Regulations;
       ``(ii) the standards of ethical conduct established by the 
     Chief Ethics Officer; and
       ``(iii) any other laws, rules, or regulations governing the 
     performance of official duties or the discharge of official 
     responsibilities that are applicable to employees of the 
     Bank;
       ``(C) report to appropriate Federal or State authorities 
     substantial evidence of a violation of any law applicable to 
     the performance of official duties that may have been 
     disclosed to the Office of Ethics; and
       ``(D) render advisory opinions regarding the propriety of 
     any current or proposed conduct of an employee or contractor 
     of the Bank, and issue general guidance on such matters as 
     necessary.''.

     SEC. _15. CHIEF RISK OFFICER.

       Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635a), as amended by section _14, is further amended by 
     adding at the end the following:
       ``(l) Chief Risk Officer.--
       ``(1) In general.--There shall be a Chief Risk Officer of 
     the Bank, who shall--
       ``(A) oversee all issues relating to risk within the Bank; 
     and
       ``(B) report to the President of the Bank.
       ``(2) Appointment.--Not later than 180 days after the date 
     of the enactment of the Export-Import Bank Reform and 
     Reauthorization Act of 2015, the Chief Risk Officer shall 
     be--
       ``(A) appointed by the President of the Bank from among 
     persons--
       ``(i) with a demonstrated ability in the general management 
     of, and knowledge of and extensive practical experience in, 
     financial risk evaluation practices in large governmental or 
     business entities; and
       ``(ii) who are not serving in a position requiring 
     appointment by the President of the United States before 
     being appointed to be Chief Risk Officer; and
       ``(B) approved by the Board.
       ``(3) Duties.--The duties of the Chief Risk Officer are--
       ``(A) to be responsible for all matters related to managing 
     and mitigating all risk to which the Bank is exposed, 
     including the programs and operations of the Bank;
       ``(B) to establish policies and processes for risk 
     oversight, the monitoring of management compliance with risk 
     limits, and the management of risk exposures and risk 
     controls across the Bank;
       ``(C) to be responsible for the planning and execution of 
     all Bank risk management activities, including policies, 
     reporting, and systems to achieve strategic risk objectives;
       ``(D) to develop an integrated risk management program that 
     includes identifying, prioritizing, measuring, monitoring, 
     and managing internal control and operating risks and other 
     identified risks;
       ``(E) to ensure that the process for risk assessment and 
     underwriting for individual transactions considers how each 
     such transaction considers the effect of the transaction on 
     the concentration of exposure in the overall portfolio of the 
     Bank, taking into account fees, collateralization, and 
     historic default rates; and
       ``(F) to review the adequacy of the use by the Bank of 
     qualitative metrics to assess the risk of default under 
     various scenarios.''.

     SEC. _16. RISK MANAGEMENT COMMITTEE.

       (a) In General.--Section 3 of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635a), as amended by sections _14 and _15, is 
     further amended by adding at the end the following:
       ``(m) Risk Management Committee.--
       ``(1) Establishment.--There is established a management 
     committee to be known as the `Risk Management Committee'.
       ``(2) Membership.--The membership of the Risk Management 
     Committee shall be the members of the Board of Directors, 
     with the President and First Vice President of the Bank 
     serving as ex officio members.
       ``(3) Duties.--The duties of the Risk Management Committee 
     shall be--
       ``(A) to oversee, in conjunction with the Office of the 
     Chief Financial Officer of the Bank--
       ``(i) periodic stress testing on the entire Bank portfolio, 
     reflecting different market, industry, and macroeconomic 
     scenarios, and consistent with common practices of commercial 
     and multilateral development banks; and
       ``(ii) the monitoring of industry, geographic, and obligor 
     exposure levels; and
       ``(B) to review all required reports on the default rate of 
     the Bank before submission to Congress under section 8(g).''.
       (b) Termination of Audit Committee.--Not later than 180 
     days after the date of the enactment of this Act, the Board 
     of Directors of the Export-Import Bank of the United States 
     shall revise the bylaws of the Bank to terminate the Audit 
     Committee established by section 7 of the bylaws.

     SEC. _17. INDEPENDENT AUDIT OF BANK PORTFOLIO.

       (a) Audit.--The Inspector General of the Export-Import Bank 
     of the United States shall conduct an audit or evaluation of 
     the portfolio risk management procedures of the Bank, 
     including a review of the implementation by the Bank of the 
     duties assigned to the Chief Risk Officer under section 3(l) 
     of the Export-Import Bank Act of 1945, as amended by section 
     _15.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, and not less frequently than every 3 
     years thereafter, the Inspector General shall submit to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives a written report containing all findings 
     and determinations made in carrying out subsection (a).

     SEC. _18. PILOT PROGRAM FOR REINSURANCE.

       (a) In General.--Notwithstanding any provision of the 
     Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.), the 
     Export-Import Bank of the United States (in this section 
     referred to as the ``Bank'') may establish a pilot program 
     under which the Bank may enter into contracts and other 
     arrangements to share risks associated with the provision of 
     guarantees, insurance, or credit, or the participation in the 
     extension of credit, by the Bank under that Act.
       (b) Limitations on Amount of Risk-Sharing.--
       (1) Per contract or other arrangement.--The aggregate 
     amount of liability the Bank may transfer through risk-
     sharing pursuant to a contract or other arrangement entered 
     into under subsection (a) may not exceed $1,000,000,000.
       (2) Per year.--The aggregate amount of liability the Bank 
     may transfer through risk-sharing during a fiscal year 
     pursuant to contracts or other arrangements entered into 
     under subsection (a) during that fiscal year may not exceed 
     $10,000,000,000.
       (c) Annual Reports.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter through 
     2019, the Bank shall submit to Congress a written report that 
     contains a detailed analysis of the use of the pilot program 
     carried out under subsection (a) during the year preceding 
     the submission of the report.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to affect, impede, or revoke any authority of the 
     Bank.
       (e) Termination.--The pilot program carried out under 
     subsection (a) shall terminate on September 30, 2019.

            Subtitle B--Promotion of Small Business Exports

     SEC. _21. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS.

       (a) In General.--Section 2(b)(1)(E)(v) of the Export-Import 
     Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by 
     striking ``20 percent'' and inserting ``25 percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to fiscal year 2016 and each fiscal 
     year thereafter.

     SEC. _22. REPORT ON PROGRAMS FOR SMALL AND MEDIUM-SIZED 
                   BUSINESSES.

       (a) In General.--Section 8 of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635g) is amended by adding at the end the 
     following:
       ``(k) Report on Programs for Small and Medium-Sized 
     Businesses.--The Bank shall include in its annual report to 
     Congress under subsection (a) a report on the programs of the 
     Bank for United States businesses with less than $250,000,000 
     in annual sales.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to the report of the Export-Import 
     Bank of the United States submitted to Congress under section 
     8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635g) for 
     the first year that begins after the date of the enactment of 
     this Act.

                Subtitle C--Modernization of Operations

     SEC. _31. ELECTRONIC PAYMENTS AND DOCUMENTS.

       Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 
     U.S.C. 635(b)(1)) is amended by adding at the end the 
     following:
       ``(M) Not later than 2 years after the date of the 
     enactment of the Export-Import Bank Reform and 
     Reauthorization Act of 2015, the Bank shall implement 
     policies--
       ``(i) to accept electronic documents with respect to 
     transactions whenever possible, including copies of bills of 
     lading, certifications, and compliance documents, in such 
     manner so as not to undermine any potential civil or criminal 
     enforcement related to the transactions; and
       ``(ii) to accept electronic payments in all of its 
     programs.''.

[[Page S5685]]

     SEC. _32. REAUTHORIZATION OF INFORMATION TECHNOLOGY UPDATING.

       Section 3(j) of the Export-Import Act of 1945 (12 U.S.C. 
     635a(j)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``2012, 2013, and 2014'' and inserting 
     ``2015 through 2019'';
       (2) in paragraph (2)(B), by striking ``(I) the funds'' and 
     inserting ``(i) the funds''; and
       (3) in paragraph (3), by striking ``2012, 2013, and 2014'' 
     and inserting ``2015 through 2019''.

                     Subtitle D--General Provisions

     SEC. _41. EXTENSION OF AUTHORITY.

       (a) In General.--Section 7 of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635f) is amended by striking ``2014'' and 
     inserting ``2019''.
       (b) Dual-Use Exports.--Section 1(c) of Public Law 103-428 
     (12 U.S.C. 635 note) is amended by striking ``September 30, 
     2014'' and inserting ``the date on which the authority of the 
     Export-Import Bank of the United States expires under section 
     7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f)''.
       (c) Sub-Saharan Africa Advisory Committee.--Section 
     2(b)(9)(B)(iii) of the Export-Import Bank Act of 1945 (12 
     U.S.C. 635(b)(9)(B)(iii)) is amended by striking ``September 
     30, 2014'' and inserting ``the date on which the authority of 
     the Bank expires under section 7''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the earlier of the date of the enactment 
     of this Act or June 30, 2015.

     SEC. _42. CERTAIN UPDATED LOAN TERMS AND AMOUNTS.

       (a) Loan Terms for Medium-Term Financing.--Section 
     2(a)(2)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635(a)(2)(A)) is amended--
       (1) in clause (i), by striking ``; and'' and inserting a 
     semicolon; and
       (2) by adding at the end the following:
       ``(iii) with principal amounts of not more than 
     $25,000,000; and''.
       (b) Competitive Opportunities Relating to Insurance.--
     Section 2(d)(2) of the Export-Import Bank Act of 1945 (12 
     U.S.C. 635(d)(2)) is amended by striking ``$10,000,000'' and 
     inserting ``$25,000,000''.
       (c) Export Amounts for Small Business Loans.--Section 
     3(g)(3) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635a(g)(3)) is amended by striking ``$10,000,000'' and 
     inserting ``$25,000,000''.
       (d) Consideration of Environmental Effects.--Section 
     11(a)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635i-5(a)(1)(A)) is amended by striking ``$10,000,000 or 
     more'' and inserting the following: ``$25,000,000 (or, if 
     less than $25,000,000, the threshold established pursuant to 
     international agreements, including the Common Approaches for 
     Officially Supported Export Credits and Environmental and 
     Social Due Diligence, as adopted by the Organisation for 
     Economic Co-operation and Development Council on June 28, 
     2012, and the risk-management framework adopted by financial 
     institutions for determining, assessing, and managing 
     environmental and social risk in projects (commonly referred 
     to as the `Equator Principles')) or more''.
       (e) Effective Date.--The amendments made by this section 
     shall apply with respect to fiscal year 2016 and each fiscal 
     year thereafter.

                       Subtitle E--Other Matters

     SEC. _51. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.

       Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C. 
     635 et seq.) is amended by adding at the end the following:
       ``(k) Prohibition on Discrimination Based on Industry.--
       ``(1) In general.--Except as provided in this Act, the Bank 
     may not--
       ``(A) deny an application for financing based solely on the 
     industry, sector, or business that the application concerns; 
     or
       ``(B) promulgate or implement policies that discriminate 
     against an application based solely on the industry, sector, 
     or business that the application concerns.
       ``(2) Applicability.--The prohibitions under paragraph (1) 
     apply only to applications for financing by the Bank for 
     projects concerning the exploration, development, production, 
     or export of energy sources and the generation or 
     transmission of electrical power, or combined heat and power, 
     regardless of the energy source involved.''.

     SEC. _52. NEGOTIATIONS TO END EXPORT CREDIT FINANCING.

       (a) In General.--Section 11 of the Export-Import Bank 
     Reauthorization Act of 2012 (12 U.S.C. 635a-5) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Secretary of the Treasury (in this section referred to as 
     the `Secretary')'' and inserting ``President''; and
       (B) in paragraph (1)--
       (i) by striking ``(OECD)'' and inserting ``(in this section 
     referred to as the `OECD')''; and
       (ii) by striking ``ultimate goal of eliminating'' and 
     inserting ``possible goal of eliminating, before the date 
     that is 10 years after the date of the enactment of the 
     Export-Import Bank Reform and Reauthorization Act of 2015,'';
       (2) in subsection (b), by striking ``Secretary'' each place 
     it appears and inserting ``President''; and
       (3) by adding at the end the following:
       ``(c) Report on Strategy.--Not later than 180 days after 
     the date of the enactment of the Export-Import Bank Reform 
     and Reauthorization Act of 2015, the President shall submit 
     to Congress a proposal, and a strategy for achieving the 
     proposal, that the United States Government will pursue with 
     other major exporting countries, including OECD members and 
     non-OECD members, to eliminate over a period of not more than 
     10 years subsidized export-financing programs, tied aid, 
     export credits, and all other forms of government-supported 
     export subsidies.
       ``(d) Negotiations With Non-OECD Members.--The President 
     shall initiate and pursue negotiations with countries that 
     are not OECD members to bring those countries into a 
     multilateral agreement establishing rules and limitations on 
     officially supported export credits.
       ``(e) Annual Reports on Progress of Negotiations.--Not 
     later than 180 days after the date of the enactment of the 
     Export-Import Bank Reform and Reauthorization Act of 2015, 
     and annually thereafter through calendar year 2019, the 
     President shall submit to the Committee on Banking, Housing, 
     and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives a report 
     on the progress of any negotiations described in subsection 
     (d).''.
       (b) Effective Date.--The amendments made by paragraphs (1) 
     and (2) of subsection (a) shall apply with respect to reports 
     required to be submitted under section 11(b) of the Export-
     Import Bank Reauthorization Act of 2012 (12 U.S.C. 635a-5(b)) 
     after the date of the enactment of this Act.

     SEC. _53. STUDY OF FINANCING FOR INFORMATION AND 
                   COMMUNICATIONS TECHNOLOGY SYSTEMS.

       (a) Analysis of Information and Communications Technology 
     Industry Use of Bank Products.--The Export-Import Bank of the 
     United States (in this section referred to as the ``Bank'') 
     shall conduct a study of the extent to which the products 
     offered by the Bank are available and used by companies that 
     export information and communications technology services and 
     related goods.
       (b) Elements.--In conducting the study required by 
     subsection (a), the Bank shall examine the following:
       (1) The number of jobs in the United States that are 
     supported by the export of information and communications 
     technology services and related goods, and the degree to 
     which access to financing will increase exports of such 
     services and related goods.
       (2) The reduction in the financing by the Bank of exports 
     of information and communications technology services from 
     2003 through 2014.
       (3) The activities of foreign export credit agencies to 
     facilitate the export of information and communications 
     technology services and related goods.
       (4) Specific proposals for how the Bank could provide 
     additional financing for the exportation of information and 
     communications technology services and related goods through 
     risk-sharing with other export credit agencies and other 
     third parties.
       (5) Proposals for new products the Bank could offer to 
     provide financing for exports of information and 
     communications technology services and related goods, 
     including--
       (A) the extent to which the Bank is authorized to offer new 
     products;
       (B) the extent to which the Bank would need additional 
     authority to offer new products to meet the needs of the 
     information and communications technology industry;
       (C) specific proposals for changes in law that would enable 
     the Bank to provide increased financing for exports of 
     information and communications technology services and 
     related goods in compliance with the credit and risk 
     standards of the Bank;
       (D) specific proposals that would enable the Bank to 
     provide increased outreach to the information and 
     communications technology industry about the products the 
     Bank offers; and
       (E) specific proposals for changes in law that would enable 
     the Bank to provide the financing to build information and 
     communications technology infrastructure, in compliance with 
     the credit and risk standards of the Bank, to allow for 
     market access opportunities for United States information and 
     communications technology companies to provide services on 
     the infrastructure being financed by the Bank.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Bank shall submit to Congress a 
     report that contains the results of the study required by 
     subsection (a).
                                 ______
                                 
  SA 2328. Mr. McCONNELL (for himself, Mr. Roberts, Mr. Scott, Mr. 
Hatch, Mr. Isakson, Mr. Blunt, Mr. Barrasso, and Ms. Murkowski) 
submitted an amendment intended to be proposed to amendment SA 2327 
submitted by Mr. Kirk (for himself, Mr. Graham, Mr. Blunt, Ms. Ayotte, 
Ms. Heitkamp, Mr. Manchin, Mr. Donnelly, Mr. Warner, Ms. Klobuchar, and 
Ms. Cantwell) to the amendment SA 2266 proposed by Mr. McConnell to the 
bill H.R. 22, to amend the Internal Revenue Code of 1986 to exempt 
employees with health coverage under TRICARE or the Veterans 
Administration from being taken into account for purposes of 
determining the employers to which the employer mandate applies under 
the Patient Protection and Affordable Care Act; as follows:


 =========================== NOTE =========================== 

  
   S5685, July 24, 2015, in the third column, under the heading 
TEXT OF AMENDMENTS, the following appears: SA 2328. Mr. MCCONNELL 
(for himself, Mr. Roberts, Mr. Scott, Mr. Hatch, Mr. Kaine, Mr. 
Blunt, Mr. Barrasso, and Ms. Murkowski)
  
   Record has been corrected to read: SA 2328. Mr. MCCONNELL (for 
himself, Roberts, Mr. Scott, Mr. Hatch, Mr. Isakson, Mr. Blunt, 
Mr. Barrasso, and Ms. Murkowski)


 ========================= END NOTE ========================= 


[[Page S5686]]

       At the end, insert the following:

     SEC. __. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE 
                   ACT AND THE HEALTH CARE AND EDUCATION 
                   RECONCILIATION ACT OF 2010.

       (a) Patient Protection and Affordable Care Act.--Effective 
     on the date that is 180 days after the date of enactment of 
     this Act, the Patient Protection and Affordable Care Act 
     (Public Law 111-148) is repealed and the provisions of law 
     amended or repealed by such Act are restored or revived as if 
     such Act had not been enacted.
       (b) Health Care and Education Reconciliation Act of 2010.--
     Effective on the date that is 180 days after the date of 
     enactment of this Act, the Health Care and Education 
     Reconciliation Act of 2010 (Public Law 111-152) is repealed 
     and the provisions of law amended or repealed by such Act are 
     restored or revived as if such Act had not been enacted.
       (c) Budgetary Effects.--The budgetary effects of this 
     section, 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 section, submitted for printing in the 
     Congressional Record by the Chairman of the Committee on the 
     Budget of the House of Representatives, as long as such 
     statement has been submitted prior to the vote on passage of 
     this Act.
                                 ______
                                 
  SA 2329. Mr. McCONNELL proposed an amendment to the bill H.R. 22, to 
amend the Internal Revenue Code of 1986 to exempt employees with health 
coverage under TRICARE or the Veterans Administration from being taken 
into account for purposes of determining the employers to which the 
employer mandate applies under the Patient Protection and Affordable 
Care Act; as follows:

       At the appropriate place, insert the following:

     SEC. 70001. SHORT TITLE.

       This division may cited as the ``Surface Transportation 
     Extension Act of 2015''.

         TITLE LXXI--EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS

     SEC. 71001. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

       (a) In General.--Section 1001 of the Highway and 
     Transportation Funding Act of 2014 (Public Law 113-159; 128 
     Stat. 1840; 129 Stat. 219) is amended--
       (1) in subsection (a), by striking ``July 31, 2015'' and 
     inserting ``September 29, 2015'';
       (2) in subsection (b)(1)--
       (A) by striking ``July 31, 2015'' and inserting ``September 
     30, 2015''; and
       (B) by striking ``\304/365\'' and inserting ``\365/365\''; 
     and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``July 31, 2015'' and inserting ``September 
     30, 2015''; and
       (ii) by striking ``\304/365\'' and inserting ``\365/365\''; 
     and
       (B) in paragraph (2)(B), by striking ``by this 
     subsection''.
       (b) Obligation Ceiling.--Section 1102 of MAP-21 (23 U.S.C. 
     104 note; Public Law 112-141) is amended--
       (1) in subsection (a)(3)--
       (A) by striking ``$33,528,284,932'' and inserting 
     ``$40,256,000,000''; and
       (B) by striking ``July 31, 2015'' and inserting ``September 
     30, 2015'';
       (2) in subsection (b)(12)--
       (A) by striking ``July 31, 2015'' and inserting ``September 
     30, 2015''; and
       (B) by striking ``\304/365\'' and inserting ``\365/365\'';
       (3) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``July 31, 2015'' and inserting ``September 30, 2015''; and
       (B) in paragraph (2)--
       (i) by striking ``July 31, 2015'' and inserting ``September 
     30, 2015''; and
       (ii) by striking ``\304/365\'' and inserting ``\365/365\''; 
     and
       (4) in subsection (f)(1), in the matter preceding 
     subparagraph (A), by striking ``July 31, 2015'' and inserting 
     ``September 30, 2015''.
       (c) Tribal High Priority Projects Program.--Section 
     1123(h)(1) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141) 
     is amended--
       (1) by striking ``$24,986,301'' and inserting 
     ``$30,000,000''; and
       (2) by striking ``July 31, 2015'' and inserting ``September 
     30, 2015''.

     SEC. 71002. ADMINISTRATIVE EXPENSES.

       (a) Authorization of Contract Authority.--Section 1002(a) 
     of the Highway and Transportation Funding Act of 2014 (Public 
     Law 113-159; 128 Stat. 1842; 129 Stat. 220) is amended--
       (1) by striking ``$366,465,753'' and inserting 
     ``$440,000,000''; and
       (2) by striking ``July 31, 2015'' and inserting ``September 
     30, 2015''.
       (b) Contract Authority.--Section 1002(b)(2) of the Highway 
     and Transportation Funding Act of 2014 (Public Law 113-159; 
     128 Stat. 1842; 129 Stat. 220) is amended by striking ``July 
     31, 2015'' and inserting ``September 30, 2015''.

   TITLE LXXII--TEMPORARY EXTENSION OF PUBLIC TRANSPORTATION PROGRAMS

     SEC. 72001. FORMULA GRANTS FOR RURAL AREAS.

       Section 5311(c)(1) of title 49, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``ending before'' and 
     all that follows through ``July 31, 2015,''; and
       (2) in subparagraph (B), by striking ``ending before'' and 
     all that follows through ``July 31, 2015,''.

     SEC. 72002. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA 
                   GRANTS.

       Section 5336(h)(1) of title 49, United States Code, is 
     amended by striking ``before October 1, 2014'' and all that 
     follows through ``July 31, 2015,'' and inserting ``before 
     October 1, 2015''.

     SEC. 72003. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.

       (a) Formula Grants.--Section 5338(a) of title 49, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``for fiscal year 2014'' 
     and all that follows and inserting ``for fiscal year 2014, 
     and $8,595,000,000 for fiscal year 2015.'';
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``$107,274,521 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``$128,800,000 for fiscal year 2015'';
       (B) in subparagraph (B), by striking ``2013 and 2014 and 
     $8,328,767 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015,'' and inserting ``2013, 2014, and 
     2015'';
       (C) in subparagraph (C), by striking ``$3,713,505,753 for 
     the period beginning on October 1, 2014, and ending on July 
     31, 2015,'' and inserting ``$4,458,650,000 for fiscal year 
     2015'';
       (D) in subparagraph (D), by striking ``$215,132,055 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``$258,300,000 for fiscal year 2015'';
       (E) in subparagraph (E)--
       (i) by striking ``$506,222,466 for the period beginning on 
     October 1, 2014, and ending on July 31, 2015,'' and inserting 
     ``$607,800,000 for fiscal year 2015'';
       (ii) by striking ``$24,986,301 for the period beginning on 
     October 1, 2014, and ending on July 31, 2015,'' and inserting 
     ``$30,000,000 for fiscal year 2015''; and
       (iii) by striking ``$16,657,534 for the period beginning on 
     October 1, 2014, and ending on July 31, 2015,'' and inserting 
     ``$20,000,000 for fiscal year 2015'';
       (F) in subparagraph (F), by striking ``2013 and 2014 and 
     $2,498,630 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015,'' and inserting ``2013, 2014, and 
     2015'';
       (G) in subparagraph (G), by striking ``2013 and 2014 and 
     $4,164,384 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015,'' and inserting ``2013, 2014, and 
     2015'';
       (H) in subparagraph (H), by striking ``2013 and 2014 and 
     $3,206,575 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015,'' and inserting ``2013, 2014, and 
     2015'';
       (I) in subparagraph (I), by striking ``$1,803,927,671 for 
     the period beginning on October 1, 2014, and ending on July 
     31, 2015,'' and inserting ``$2,165,900,000 for fiscal year 
     2015'';
       (J) in subparagraph (J), by striking ``$356,304,658 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``$427,800,000 for fiscal year 2015''; 
     and
       (K) in subparagraph (K), by striking ``$438,009,863 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``$525,900,000 for fiscal year 2015''.
       (b) Research, Development Demonstration and Deployment 
     Projects.--Section 5338(b) of title 49, United States Code, 
     is amended by striking ``$58,301,370 for the period beginning 
     on October 1, 2014, and ending on July 31, 2015'' and 
     inserting ``$70,000,000 for fiscal year 2015''.
       (c) Transit Cooperative Research Program.--Section 5338(c) 
     of title 49, United States Code, is amended by striking 
     ``$5,830,137 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015'' and inserting ``$7,000,000 for 
     fiscal year 2015''.
       (d) Technical Assistance and Standards Development.--
     Section 5338(d) of title 49, United States Code, is amended 
     by striking ``$5,830,137 for the period beginning on October 
     1, 2014, and ending on July 31, 2015'' and inserting 
     ``$7,000,000 for fiscal year 2015''.
       (e) Human Resources and Training.--Section 5338(e) of title 
     49, United States Code, is amended by striking ``$4,164,384 
     for the period beginning on October 1, 2014, and ending on 
     July 31, 2015'' and inserting ``$5,000,000 for fiscal year 
     2015''.
       (f) Capital Investment Grants.--Section 5338(g) of title 
     49, United States Code, is amended by striking 
     ``$1,558,295,890 for the period beginning on October 1, 2014, 
     and ending on July 31, 2015'' and inserting ``$1,907,000,000 
     for fiscal year 2015''.
       (g) Administration.--Section 5338(h) of title 49, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``$86,619,178 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015'' and inserting ``$104,000,000 for fiscal year 2015'';
       (2) in paragraph (2), by striking ``2013 and 2014 and not 
     less than $4,164,384 for the period beginning on October 1, 
     2014, and ending on July 31, 2015,'' and inserting ``2013, 
     2014, and 2015''; and
       (3) in paragraph (3), by striking ``2013 and 2014 and not 
     less than $832,877 for the period beginning on October 1, 
     2014, and ending on July 31, 2015,'' and inserting ``2013, 
     2014, and 2015''.

     SEC. 72004. BUS AND BUS FACILITIES FORMULA GRANTS.

       Section 5339(d)(1) of title 49, United States Code, is 
     amended--
       (1) by striking ``2013 and 2014 and $54,553,425 for the 
     period beginning on October 1, 2014,

[[Page S5687]]

     and ending on July 31, 2015,'' and inserting ``2013, 2014, 
     and 2015'';
       (2) by striking ``and $1,041,096 for such period''; and
       (3) by striking ``and $416,438 for such period''.

           TITLE LXXIII--EXTENSION OF HIGHWAY SAFETY PROGRAMS

            Subtitle A--Extension of Highway Safety Programs

     SEC. 73101. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY 
                   ADMINISTRATION HIGHWAY SAFETY PROGRAMS.

       (a) Extension of Programs.--
       (1) Highway safety programs.--Section 31101(a)(1)(C) of 
     MAP-21 (126 Stat. 733) is amended to read as follows:
       ``(C) $235,000,000 for fiscal year 2015.''.
       (2) Highway safety research and development.--Section 
     31101(a)(2)(C) of MAP-21 (126 Stat. 733) is amended to read 
     as follows:
       ``(C) $113,500,000 for fiscal year 2015.''.
       (3) National priority safety programs.--Section 
     31101(a)(3)(C) of MAP-21 (126 Stat. 733) is amended to read 
     as follows:
       ``(C) $272,000,000 for fiscal year 2015.''.
       (4) National driver register.--Section 31101(a)(4)(C) of 
     MAP-21 (126 Stat. 733) is amended to read as follows:
       ``(C) $5,000,000 for fiscal year 2015.''.
       (5) High visibility enforcement program.--
       (A) Authorization of appropriations.--Section 
     31101(a)(5)(C) of MAP-21 (126 Stat. 733) is amended to read 
     as follows:
       ``(C) $29,000,000 for fiscal year 2015.''.
       (B) Law enforcement campaigns.--Section 2009(a) of SAFETEA-
     LU (23 U.S.C. 402 note) is amended--
       (i) in the first sentence, by striking ``and 2014 and in 
     the period beginning on October 1, 2014, and ending on July 
     31, 2015'' and inserting ``through 2015''; and
       (ii) in the second sentence, by striking ``and 2014 and in 
     the period beginning on October 1, 2014, and ending on July 
     31, 2015,'' and inserting ``through 2015''.
       (6) Administrative expenses.--Section 31101(a)(6)(C) of 
     MAP-21 (126 Stat. 733) is amended to read as follows:
       ``(C) $25,500,000 for fiscal year 2015.''.
       (b) Cooperative Research and Evaluation.--Section 403(f)(1) 
     of title 23, United States Code, is amended by striking 
     ``under subsection 402(c) in each fiscal year ending before 
     October 1, 2014, and $2,082,192 of the total amount available 
     for apportionment to the States for highway safety programs 
     under section 402(c) in the period beginning on October 1, 
     2014, and ending on July 31, 2015,'' and inserting ``under 
     section 402(c) in each fiscal year ending before October 1, 
     2015,''.
       (c) Applicability of Title 23.--Section 31101(c) of MAP-21 
     (126 Stat. 733) is amended by striking ``fiscal years 2013 
     and 2014 and for the period beginning on October 1, 2014, and 
     ending on July 31, 2015,'' and inserting ``each of fiscal 
     years 2013 through 2015''.

     SEC. 73102. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY 
                   ADMINISTRATION PROGRAMS.

       (a) Motor Carrier Safety Grants.--Section 31104(a)(10) of 
     title 49, United States Code, is amended to read as follows:
       ``(10) $218,000,000 for fiscal year 2015.''.
       (b) Administrative Expenses.--Section 31104(i)(1)(J) of 
     title 49, United States Code, is amended to read as follows:
       ``(J) $259,000,000 for fiscal year 2015.''.
       (c) Grant Programs.--
       (1) Commercial driver's license program improvement 
     grants.--Section 4101(c)(1) of SAFETEA-LU (119 Stat. 1715) is 
     amended by striking ``each of fiscal years 2013 and 2014 and 
     $24,986,301 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015'' and inserting ``each of fiscal 
     years 2013 through 2015''.
       (2) Border enforcement grants.--Section 4101(c)(2) of 
     SAFETEA-LU (119 Stat. 1715) is amended by striking ``each of 
     fiscal years 2013 and 2014 and $26,652,055 for the period 
     beginning on October 1, 2014, and ending on July 31, 2015'' 
     and inserting ``each of fiscal years 2013 through 2015''.
       (3) Performance and registration information system 
     management grant program.--Section 4101(c)(3) of SAFETEA-LU 
     (119 Stat. 1715) is amended by striking ``each of fiscal 
     years 2013 and 2014 and $4,164,384 for the period beginning 
     on October 1, 2014, and ending on July 31, 2015'' and 
     inserting ``each of fiscal years 2013 through 2015''.
       (4) Commercial vehicle information systems and networks 
     deployment program.--Section 4101(c)(4) of SAFETEA-LU (119 
     Stat. 1715) is amended by striking ``each of fiscal years 
     2013 and 2014 and $20,821,918 for the period beginning on 
     October 1, 2014, and ending on July 31, 2015'' and inserting 
     ``each of fiscal years 2013 through 2015''.
       (5) Safety data improvement grants.--Section 4101(c)(5) of 
     SAFETEA-LU (119 Stat. 1715) is amended by striking ``each of 
     fiscal years 2013 and 2014 and $2,498,630 for the period 
     beginning on October 1, 2014, and ending on July 31, 2015'' 
     and inserting ``each of fiscal years 2013 through 2015''.
       (d) High-Priority Activities.--Section 31104(k)(2) of title 
     49, United States Code, is amended by striking ``each of 
     fiscal years 2006 through 2014 and up to $12,493,151 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``each of fiscal years 2006 through 
     2015''.
       (e) New Entrant Audits.--Section 31144(g)(5)(B) of title 
     49, United States Code, is amended by striking ``per fiscal 
     year and up to $26,652,055 for the period beginning on 
     October 1, 2014, and ending on July 31, 2015,'' and inserting 
     ``per fiscal year''.
       (f) Outreach and Education.--Section 4127(e) of SAFETEA-LU 
     (119 Stat. 1741) is amended by striking ``each of fiscal 
     years 2013 and 2014 and $3,331,507 to the Federal Motor 
     Carrier Safety Administration for the period beginning on 
     October 1, 2014, and ending on July 31, 2015,'' and inserting 
     ``each of fiscal years 2013 through 2015''.
       (g) Grant Program for Commercial Motor Vehicle Operators.--
     Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is 
     amended by striking ``each of fiscal years 2005 through 2014 
     and $832,877 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015'' and inserting ``each of fiscal 
     years 2005 through 2015''.

     SEC. 73103. DINGELL-JOHNSON SPORT FISH RESTORATION ACT.

       Section 4 of the Dingell-Johnson Sport Fish Restoration Act 
     (16 U.S.C. 777c) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1) by striking ``each fiscal year through 2014 and for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``each fiscal year through 2015''; and
       (2) in subsection (b)(1)(A) by striking ``for each fiscal 
     year ending before October 1, 2014, and for the period 
     beginning on October 1, 2014, and ending on July 31, 2015,'' 
     and inserting ``for each fiscal year ending before October 1, 
     2015''.

                    Subtitle B--Hazardous Materials

     SEC. 73201. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 5128(a)(3) of title 49, United 
     States Code, is amended to read as follows:
       ``(3) $42,762,000 for fiscal year 2015.''.
       (b) Hazardous Materials Emergency Preparedness Fund.--
     Section 5128(b)(2) of title 49, United States Code, is 
     amended to read as follows:
       ``(2) Fiscal year 2015.--From the Hazardous Materials 
     Emergency Preparedness Fund established under section 
     5116(i), the Secretary may expend during fiscal year 2015--
       ``(A) $188,000 to carry out section 5115;
       ``(B) $21,800,000 to carry out subsections (a) and (b) of 
     section 5116, of which not less than $13,650,000 shall be 
     available to carry out section 5116(b);
       ``(C) $150,000 to carry out section 5116(f);
       ``(D) $625,000 to publish and distribute the Emergency 
     Response Guidebook under section 5116(i)(3); and
       ``(E) $1,000,000 to carry out section 5116(j).''.
       (c) Hazardous Materials Training Grants.--Section 5128(c) 
     of title 49, United States Code, is amended by striking 
     ``each of fiscal years 2013 and 2014 and $3,331,507 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``each of fiscal years 2013 through 
     2015''.

                    TITLE LXXIV--REVENUE PROVISIONS

     SEC. 74001. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.

       (a) Highway Trust Fund.--Section 9503 of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``August 1, 2015'' in subsections 
     (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 
     2015'', and
       (2) by striking ``Highway and Transportation Funding Act of 
     2015'' in subsections (c)(1) and (e)(3) and inserting 
     ``Surface Transportation Extension Act of 2015''.
       (b) Sport Fish Restoration and Boating Trust Fund.--Section 
     9504 of the Internal Revenue Code of 1986 is amended--
       (1) by striking ``Highway and Transportation Funding Act of 
     2015'' each place it appears in subsection (b)(2) and 
     inserting ``Surface Transportation Extension Act of 2015'', 
     and
       (2) by striking ``August 1, 2015'' in subsection (d)(2) and 
     inserting ``October 1, 2015''.
       (c) Leaking Underground Storage Tank Trust Fund.--Paragraph 
     (2) of section 9508(e) of the Internal Revenue Code of 1986 
     is amended by striking ``August 1, 2015'' and inserting 
     ``October 1, 2015''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2015.
                                 ______
                                 
  SA 2330. Mr. McCONNELL proposed an amendment to amendment SA 2329 
proposed by Mr. McConnell to the bill H.R. 22, to amend the Internal 
Revenue Code of 1986 to exempt employees with health coverage under 
TRICARE or the Veterans Administration from being taken into account 
for purposes of determining the employers to which the employer mandate 
applies under the Patient Protection and Affordable Care Act; as 
follows:

       At the end insert the following:
       ``This act shall be effective one day after enactment.''
                                 ______
                                 
  SA 2331. Mrs. CAPITO submitted an amendment intended to be proposed 
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to 
amend the Internal Revenue Code of 1986 to exempt employees with health 
coverage under TRICARE or the Veterans Administration from being taken 
into account for purposes of determining the employers to which the 
employer mandate applies under the Patient Protection and Affordable 
Care Act; which was ordered to lie on the table; as follows:


[[Page S5688]]


       At the end of division F, add the following:

              TITLE LXII--AFFORDABLE RELIABLE ELECTRICITY

     SEC. 62_01. SHORT TITLE.

       This title may be cited as the ``Affordable Reliable 
     Electricity Now Act of 2015''.

     SEC. 62_02. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Demonstration project.--The term ``demonstration 
     project'' means a project to test or demonstrate the 
     feasibility of a carbon capture and storage technology that 
     has Federal Government funding or financial assistance.
       (3) Existing source.--The term ``existing source'' has the 
     meaning given the term in section 111(a) of the Clean Air Act 
     (42 U.S.C. 7411(a)).
       (4) Greenhouse gas.--The term ``greenhouse gas'' means any 
     of the following:
       (A) Carbon dioxide.
       (B) Methane.
       (C) Nitrous oxide.
       (D) Sulfur hexafluoride.
       (E) Hydrofluorocarbons.
       (F) Perfluorocarbons.
       (5) Modification.--The term ``modification'' has the 
     meaning given the term in section 111(a) of the Clean Air Act 
     (42 U.S.C. 7411(a)).
       (6) Modified source.--The term ``modified source'' means 
     any stationary source, the modification of which is commenced 
     after the date of enactment of this Act.
       (7) New source.--The term ``new source'' has the meaning 
     given the term in section 111(a) of the Clean Air Act (42 
     U.S.C. 7411(a)).
       (8) Reconstructed source.--The term ``reconstructed 
     source'' means any stationary source, the reconstruction (as 
     defined in section 60.15 of title 40, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act)) of which is commenced after the date of enactment of 
     this Act.

     SEC. 62_03. STANDARDS OF PERFORMANCE FOR NEW, MODIFIED, AND 
                   RECONSTRUCTED FOSSIL FUEL-FIRED ELECTRIC 
                   UTILITY GENERATING UNITS.

       (a) Limitation.--The Administrator may not issue, 
     implement, or enforce any proposed or final rule, in whole or 
     in part, under section 111 of the Clean Air Act (42 U.S.C. 
     7411) that establishes a standard of performance for 
     emissions of any greenhouse gas from any new source, modified 
     source, or reconstructed source that is a fossil fuel-fired 
     electric utility generating unit, unless that rule meets the 
     requirements of subsections (b) and (c).
       (b) Requirements.--In issuing any rule pursuant to section 
     111 of the Clean Air Act (42 U.S.C. 7411) establishing 
     standards of performance for emissions of any greenhouse gas 
     from new sources, modified sources, or reconstructed sources 
     that are fossil fuel-fired electric utility generating units, 
     the Administrator, for purposes of establishing those 
     standards--
       (1) shall separate sources fueled with coal and natural gas 
     into separate categories; and
       (2) shall not establish a standard based on the best system 
     of emission reduction for new sources within a fossil-fuel 
     category unless--
       (A) the standard has been achieved, on average, for at 
     least 1 continuous 12-month period (excluding planned 
     outages) by each of at least 6 units within that category--
       (i) each of which is located at a different electric 
     generating station in the United States;
       (ii) that, collectively, are representative of the 
     operating characteristics of electric generation at different 
     locations in the United States; and
       (iii) each of which is operated for the entire 12-month 
     period on a full commercial basis; and
       (B) no results obtained from any demonstration project are 
     used in setting the standard.
       (c) Coal With Certain Heat Content.--
       (1) Separate subcategory.--In carrying out subsection 
     (b)(1), the Administrator shall establish a separate 
     subcategory for new sources, modified sources, or 
     reconstructed sources that are fossil fuel-fired electric 
     utility generating units using coal with an average heat 
     content of 8,300 or less British Thermal Units per pound.
       (2) Standard.--Notwithstanding subsection (b)(2), in 
     issuing any rule pursuant to section 111 of the Clean Air Act 
     (42 U.S.C. 7411) establishing standards of performance for 
     emissions of any greenhouse gas from new, modified, or 
     reconstructed sources in the subcategory referred to in 
     paragraph (1), the Administrator shall not establish a 
     standard based on the best system of emission reduction 
     unless--
       (A) that standard has been achieved, on average, for at 
     least 1 continuous 12-month period (excluding planned 
     outages) by each of at least 3 units within that 
     subcategory--
       (i) each of which is located at a different electric 
     generating station in the United States;
       (ii) which, collectively, are representative of the 
     operating characteristics of electric generation at different 
     locations in the United States; and
       (iii) each of which is operated for the entire 12-month 
     period on a full commercial basis; and
       (B) no results obtained from any demonstration project are 
     used in establishing that standard.

     SEC. 62_04. STANDARDS OF PERFORMANCE FOR EXISTING FOSSIL 
                   FUEL-FIRED ELECTRIC UTILITY GENERATING UNITS, 
                   COMPLIANCE EXTENSION, AND RATEPAYER PROTECTION.

       (a) Limitation.--
       (1) In general.--The Administrator may not issue, 
     implement, or enforce any proposed or final rule described in 
     paragraph (2), unless that rule meets the requirements of 
     subsection (b).
       (2) Description of rule.--A rule referred to in paragraph 
     (1) is any proposed or final rule to address carbon dioxide 
     emissions from existing sources that are fossil fuel-fired 
     electric utility generating units under section 111 of the 
     Clean Air Act (42 U.S.C. 7411), including any final rule that 
     succeeds--
       (A) the proposed rule entitled ``Carbon Pollution Emission 
     Guidelines for Existing Stationary Sources: Electric Utility 
     Generating Units'' (79 Fed. Reg. 34830 (June 18, 2014)); or
       (B) the supplemental proposed rule entitled ``Carbon 
     Pollution Emission Guidelines for Existing Stationary 
     Sources: EGUs in Indian Country and U.S. Territories; Multi-
     Jurisdictional Partnerships'' (79 Fed. Reg. 65482 (November 
     4, 2014)).
       (b) Requirements.--
       (1) In general.--Before issuing, implementing, or enforcing 
     any rule described in subsection (a)(2), the Administrator 
     shall--
       (A) submit to Congress a report describing the quantity of 
     greenhouse gas emissions that the rule is projected to 
     reduce, as compared to overall domestic and global greenhouse 
     gas emissions;
       (B) conduct modeling regarding the means by which the 
     source rule in effect on the date of development of the 
     proposed rule, if applicable, impacts each climate indicator 
     used by the Administrator in developing the proposed rule; 
     and
       (C) issue State-specific model plans to demonstrate with 
     specificity the areas in, and means by which, each State will 
     be required to reduce the greenhouse gas emissions of the 
     State under the rule.
       (2) Exclusion.--A court shall not consider paragraph (1) in 
     determining whether the Administrator is authorized to issue 
     any rule described in subsection (a)(2).
       (c) Ratepayer Protections.--No State shall be required to 
     adopt or submit a State plan, and no State or entity within a 
     State shall become subject to a Federal plan, pursuant to any 
     final rule described in subsection (a), if the Governor of 
     the State makes a determination, and notifies the 
     Administrator, that implementation of the State or Federal 
     plan would have a negative effect on--
       (1) economic growth, competitiveness, and jobs in the 
     State;
       (2) the reliability of the electricity system of the State; 
     or
       (3) the electricity ratepayers of the State, including low-
     income ratepayers, by causing electricity rate increases.
       (d) Extension of Compliance Dates.--
       (1) Definition of compliance date.--
       (A) In general.--In this subsection, the term ``compliance 
     date'' means, with respect to any requirement of a final rule 
     described in subsection (a)(2), the date by which any State, 
     local, or tribal government or other person is first required 
     to comply with the requirement.
       (B) Inclusion.--The term ``compliance date'' includes the 
     date by which State plans are required to be submitted to the 
     Administrator under any final rule described in subsection 
     (a)(2).
       (2) Extensions.--Each compliance date of any final rule 
     described in subsection (a)(2) is deemed to be extended by 
     the time period equal to the time period described in 
     paragraph (3).
       (3) Period described.--The time period described in this 
     paragraph is the period of days that--
       (A) begins on the date that is 60 days after the day on 
     which notice of promulgation of a final rule described in 
     subsection (a)(2) appears in the Federal Register; and
       (B) ends on the date on which judgement becomes final, and 
     no longer subject to further appeal or review, in all actions 
     (including any action filed pursuant to section 307 of the 
     Clean Air Act (42 U.S.C. 7607) that--
       (i) are filed during the 60 days described in paragraph 
     (A); and
       (ii) seek review of any aspect of the rule.

     SEC. 62_05. LIMITATION ON EFFECT OF NONCOMPLIANCE.

       Notwithstanding any other provision of law, noncompliance 
     by a State with any proposed, modified, or final rule 
     described in section 62_03 or 62_04 applicable to any new, 
     modified, reconstructed, or existing source shall not 
     constitute a reason for imposing any highway sanction under 
     section 179(b)(1) of the Clean Air Act (42 U.S.C. 
     7509(b)(1)).

     SEC. 62_06. REPEAL OF EARLIER RULES AND GUIDELINES.

       The following rules shall be of no force or effect, and 
     shall be treated as though the rules had never been issued:
       (1) The proposed rule--
       (A) entitled ``Standards of Performance for Greenhouse Gas 
     Emissions for New Stationary Sources: Electric Utility 
     Generating Units'' (77 Fed. Reg. 22392 (April 13, 2012)); and
       (B) withdrawn pursuant to the notice entitled ``Withdrawal 
     of Proposed Standards of Performance for Greenhouse Gas 
     Emissions for New Stationary Sources: Electric Utility 
     Generating Units'' (79 Fed. Reg. 1352 (January 8, 2014)).

[[Page S5689]]

       (2) The proposed rule entitled ``Standards of Performance 
     for Greenhouse Gas Emissions from New Stationary Sources: 
     Electric Utility Generating Units'' (79 Fed. Reg. 1430 
     (January 8, 2014)).
       (3) The proposed rule entitled ``Carbon Pollution Standards 
     for Modified and Reconstructed Stationary Sources: Electric 
     Utility Generating Units'' (79 Fed. Reg. 34960 (June 18, 
     2014)).
       (4) With respect to the proposed rules described in 
     paragraphs (1), (2), and (3), any successor or substantially 
     similar proposed or final rule that--
       (A) is issued prior to the date of enactment of this Act;
       (B) is applicable to any new, modified, or reconstructed 
     source that is a fossil fuel-fired electric utility 
     generating unit; and
       (C) does not meet the requirements under subsections (b) 
     and (c) of section 62_03.
       (5) Any proposed or final rule or guideline under section 
     111 of the Clean Air Act (42 U.S.C. 7411) that--
       (A) is issued prior to the date of enactment of this Act; 
     and
       (B) establishes any standard of performance for emissions 
     of any greenhouse gas from any modified source or 
     reconstructed source that is a fossil fuel-fired electric 
     utility generating unit or apply to the emissions of any 
     greenhouse gas from an existing source that is a fossil fuel-
     fired electric utility generating unit.

     SEC. 62_07. RESTATEMENT OF EXISTING LAW.

       Section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)) is 
     amended--
       (1) by striking ``(d)(1) The Administrator'' and inserting 
     the following:
       ``(d) Standards of Performance for Existing Sources; 
     Remaining Useful Life of Source.--
       ``(1) In general.--The Administrator'';
       (2) in paragraph (1)(A)(i), by striking ``section 108(a) 
     or'' and all that follows through ``but'' and insert 
     ``section 108(a) or emitted from a source category that is 
     regulated under section 112, but'';
       (3) by striking ``(2) The Administrator'' and inserting the 
     following:
       ``(2) Authority of the administrator.--The Administrator'';
       (4) in the undesignated matter at the end, by striking ``In 
     promulgating a standard'' and inserting the following:
       ``(3) Considerations.--In promulgating a standard''; and
       (5) by adding at the end the following:
       ``(4) Prohibition.--The Administrator shall not regulate as 
     an existing source under this subsection any source category 
     regulated under section 112.''.
                                 ______
                                 
  SA 2332. Mr. ENZI (for himself, Mr. Durbin, Mr. Alexander, and Ms. 
Heitkamp) submitted an amendment intended to be proposed to amendment 
SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to amend the 
Internal Revenue Code of 1986 to exempt employees with health coverage 
under TRICARE or the Veterans Administration from being taken into 
account for purposes of determining the employers to which the employer 
mandate applies under the Patient Protection and Affordable Care Act; 
which was ordered to lie on the table; as follows:

       At the end of division F, add the following:

                  TITLE LXII--MARKETPLACE FAIRNESS ACT

     SECTION 62001. SHORT TITLE.

       This title may be cited as the ``Marketplace Fairness Act 
     of 2015''.

     SEC. 62002. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND 
                   USE TAXES.

       (a) Streamlined Sales and Use Tax Agreement.--Each Member 
     State under the Streamlined Sales and Use Tax Agreement is 
     authorized to require all sellers not qualifying for the 
     small seller exception described in subsection (c) to collect 
     and remit sales and use taxes with respect to remote sales 
     sourced to that Member State pursuant to the provisions of 
     the Streamlined Sales and Use Tax Agreement, but only if any 
     changes to the Streamlined Sales and Use Tax Agreement made 
     after the date of the enactment of this Act are not in 
     conflict with the minimum simplification requirements in 
     subsection (b)(2). Subject to section 62003(h), a State may 
     exercise authority under this title beginning 180 days after 
     the State publishes notice of the State's intent to exercise 
     the authority under this title, but no earlier than the first 
     day of the calendar quarter that is at least 180 days after 
     the date of the enactment of this Act.
       (b) Alternative.--A State that is not a Member State under 
     the Streamlined Sales and Use Tax Agreement is authorized 
     notwithstanding any other provision of law to require all 
     sellers not qualifying for the small seller exception 
     described in subsection (c) to collect and remit sales and 
     use taxes with respect to remote sales sourced to that State, 
     but only if the State adopts and implements the minimum 
     simplification requirements in paragraph (2). Subject to 
     section 62003(h), such authority shall commence beginning no 
     earlier than the first day of the calendar quarter that is at 
     least 6 months after the date that the State--
       (1) enacts legislation to exercise the authority granted by 
     this title--
       (A) specifying the tax or taxes to which such authority and 
     the minimum simplification requirements in paragraph (2) 
     shall apply; and
       (B) specifying the products and services otherwise subject 
     to the tax or taxes identified by the State under 
     subparagraph (A) to which the authority of this title shall 
     not apply; and
       (2) implements each of the following minimum simplification 
     requirements:
       (A) Provide--
       (i) a single entity within the State responsible for all 
     State and local sales and use tax administration, return 
     processing, and audits for remote sales sourced to the State;
       (ii) a single audit of a remote seller for all State and 
     local taxing jurisdictions within that State; and
       (iii) a single sales and use tax return to be used by 
     remote sellers to be filed with the single entity responsible 
     for tax administration.
     A State may not require a remote seller to file sales and use 
     tax returns any more frequently than returns are required for 
     nonremote sellers or impose requirements on remote sellers 
     that the State does not impose on nonremote sellers with 
     respect to the collection of sales and use taxes under this 
     title. No local jurisdiction may require a remote seller to 
     submit a sales and use tax return or to collect sales and use 
     taxes other than as provided by this paragraph.
       (B) Provide a uniform sales and use tax base among the 
     State and the local taxing jurisdictions within the State 
     pursuant to paragraph (1).
       (C) Source all remote sales in compliance with the sourcing 
     definition set forth in section 62004(7).
       (D) Provide--
       (i) information indicating the taxability of products and 
     services along with any product and service exemptions from 
     sales and use tax in the State and a rates and boundary 
     database;
       (ii) software free of charge for remote sellers that 
     calculates sales and use taxes due on each transaction at the 
     time the transaction is completed, that files sales and use 
     tax returns, and that is updated to reflect rate changes as 
     described in subparagraph (H); and
       (iii) certification procedures for persons to be approved 
     as certified software providers.
     For purposes of clause (iii), the software provided by 
     certified software providers shall be capable of calculating 
     and filing sales and use taxes in all States qualified under 
     this title.
       (E) Relieve remote sellers from liability to the State or 
     locality for the incorrect collection, remittance, or 
     noncollection of sales and use taxes, including any penalties 
     or interest, if the liability is the result of an error or 
     omission made by a certified software provider.
       (F) Relieve certified software providers from liability to 
     the State or locality for the incorrect collection, 
     remittance, or noncollection of sales and use taxes, 
     including any penalties or interest, if the liability is the 
     result of misleading or inaccurate information provided by a 
     remote seller.
       (G) Relieve remote sellers and certified software providers 
     from liability to the State or locality for incorrect 
     collection, remittance, or noncollection of sales and use 
     taxes, including any penalties or interest, if the liability 
     is the result of incorrect information or software provided 
     by the State.
       (H) Provide remote sellers and certified software providers 
     with 90 days notice of a rate change by the State or any 
     locality in the State and update the information described in 
     subparagraph (D)(i) accordingly and relieve any remote seller 
     or certified software provider from liability for collecting 
     sales and use taxes at the immediately preceding effective 
     rate during the 90-day notice period if the required notice 
     is not provided.
       (c) Small Seller Exception.--A State is authorized to 
     require a remote seller to collect sales and use taxes under 
     this title only if the remote seller has gross annual 
     receipts in total remote sales in the United States in the 
     preceding calendar year exceeding $1,000,000. For purposes of 
     determining whether the threshold in this section is met, the 
     gross annual receipts from remote sales of 2 or more persons 
     shall be aggregated if--
       (1) such persons are related to the remote seller within 
     the meaning of subsections (b) and (c) of section 267 or 
     section 707(b)(1) of the Internal Revenue Code of 1986; or
       (2) such persons have 1 or more ownership relationships and 
     such relationships were designed with a principal purpose of 
     avoiding the application of these rules.

     SEC. 62003. LIMITATIONS.

       (a) In General.--Nothing in this title shall be construed 
     as--
       (1) subjecting a seller or any other person to franchise, 
     income, occupation, or any other type of taxes, other than 
     sales and use taxes;
       (2) affecting the application of such taxes; or
       (3) enlarging or reducing State authority to impose such 
     taxes.
       (b) No Effect on Nexus.--This title shall not be construed 
     to create any nexus or alter the standards for determining 
     nexus between a person and a State or locality.
       (c) No Effect on Seller Choice.--Nothing in this title 
     shall be construed to deny the ability of a remote seller to 
     deploy and utilize a certified software provider of the 
     seller's choice.
       (d) Licensing and Regulatory Requirements.--Nothing in this 
     title shall be construed as permitting or prohibiting a State 
     from--

[[Page S5690]]

       (1) licensing or regulating any person;
       (2) requiring any person to qualify to transact intrastate 
     business;
       (3) subjecting any person to State or local taxes not 
     related to the sale of products or services; or
       (4) exercising authority over matters of interstate 
     commerce.
       (e) No New Taxes.--Nothing in this title shall be construed 
     as encouraging a State to impose sales and use taxes on any 
     products or services not subject to taxation prior to the 
     date of the enactment of this Act.
       (f) No Effect on Intrastate Sales.--The provisions of this 
     title shall apply only to remote sales and shall not apply to 
     intrastate sales or intrastate sourcing rules. States granted 
     authority under section 62002(a) shall comply with all 
     intrastate provisions of the Streamlined Sales and Use Tax 
     Agreement.
       (g) No Effect on Mobile Telecommunications Sourcing Act.--
     Nothing in this title shall be construed as altering in any 
     manner or preempting the Mobile Telecommunications Sourcing 
     Act (4 U.S.C. 116-126).
       (h) Limitation on Initial Collection of Sales and Use Taxes 
     From Remote Sales.--A State may not begin to exercise the 
     authority under this title--
       (1) before the date that is 1 year after the date of the 
     enactment of this Act; and
       (2) during the period beginning October 1 and ending on 
     December 31 of the first calendar year beginning after the 
     date of the enactment of this Act.

     SEC. 62004. DEFINITIONS AND SPECIAL RULES.

       In this title:
       (1) Certified software provider.--The term ``certified 
     software provider'' means a person that--
       (A) provides software to remote sellers to facilitate State 
     and local sales and use tax compliance pursuant to section 
     62002(b)(2)(D)(ii); and
       (B) is certified by a State to so provide such software.
       (2) Locality; local.--The terms ``locality'' and ``local'' 
     refer to any political subdivision of a State.
       (3) Member state.--The term ``Member State''--
       (A) means a Member State as that term is used under the 
     Streamlined Sales and Use Tax Agreement as in effect on the 
     date of the enactment of this Act; and
       (B) does not include any associate member under the 
     Streamlined Sales and Use Tax Agreement.
       (4) Person.--The term ``person'' means an individual, 
     trust, estate, fiduciary, partnership, corporation, limited 
     liability company, or other legal entity, and a State or 
     local government.
       (5) Remote sale.--The term ``remote sale'' means a sale 
     into a State, as determined under the sourcing rules under 
     paragraph (7), in which the seller would not legally be 
     required to pay, collect, or remit State or local sales and 
     use taxes unless provided by this title.
       (6) Remote seller.--The term ``remote seller'' means a 
     person that makes remote sales in the State.
       (7) Sourced.--For purposes of a State granted authority 
     under section 62002(b), the location to which a remote sale 
     is sourced refers to the location where the product or 
     service sold is received by the purchaser, based on the 
     location indicated by instructions for delivery that the 
     purchaser furnishes to the seller. When no delivery location 
     is specified, the remote sale is sourced to the customer's 
     address that is either known to the seller or, if not known, 
     obtained by the seller during the consummation of the 
     transaction, including the address of the customer's payment 
     instrument if no other address is available. If an address is 
     unknown and a billing address cannot be obtained, the remote 
     sale is sourced to the address of the seller from which the 
     remote sale was made. A State granted authority under section 
     62002(a) shall comply with the sourcing provisions of the 
     Streamlined Sales and Use Tax Agreement.
       (8) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, American Samoa, the United States Virgin Islands, 
     the Commonwealth of the Northern Mariana Islands, and any 
     other territory or possession of the United States, and any 
     tribal organization (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b)).
       (9) Streamlined sales and use tax agreement.--The term 
     ``Streamlined Sales and Use Tax Agreement'' means the multi-
     State agreement with that title adopted on November 12, 2002, 
     as in effect on the date of the enactment of this Act and as 
     further amended from time to time.

     SEC. 62005. SEVERABILITY.

       If any provision of this title or the application of such 
     provision to any person or circumstance is held to be 
     unconstitutional, the remainder of this title and the 
     application of the provisions of such to any person or 
     circumstance shall not be affected thereby.

     SEC. 62006. PREEMPTION.

       Except as otherwise provided in this title, this title 
     shall not be construed to preempt or limit any power 
     exercised or to be exercised by a State or local jurisdiction 
     under the law of such State or local jurisdiction or under 
     any other Federal law.
                                 ______
                                 
  SA 2333. Mr. WYDEN (for himself, Mr. Cardin, Mr. Brown, and Ms. 
Warren) submitted an amendment intended to be proposed to amendment SA 
2266 proposed by Mr. McConnell to the bill H.R. 22, to amend the 
Internal Revenue Code of 1986 to exempt employees with health coverage 
under TRICARE or the Veterans Administration from being taken into 
account for purposes of determining the employers to which the employer 
mandate applies under the Patient Protection and Affordable Care Act; 
which was ordered to lie on the table; as follows:

       Strike sections 52106 and 52107 and insert the following:

     SEC. 52106. DELAY IN APPLICATION OF WORLDWIDE INTEREST.

       (a) In General.--Paragraphs (5)(D) and (6) of section 
     864(f) of the Internal Revenue Code of 1986 are each amended 
     by striking ``December 31, 2020'' and inserting ``December 
     31, 2023''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 2334. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 2266 proposed by Mr. McConnell to the bill 
H.R. 22, to amend the Internal Revenue Code of 1986 to exempt employees 
with health coverage under TRICARE or the Veterans Administration from 
being taken into account for purposes of determining the employers to 
which the employer mandate applies under the Patient Protection and 
Affordable Care Act; which was ordered to lie on the table; as follows:

       On page 596, beginning on line 15, strike ``the following 
     amounts:'' and all that follows through line 19, and insert 
     ``$2,450,000,000 for each of the fiscal years 2016 through 
     2019.''.
       On page 597, lines 13 through 16, strike ``up to $5,000,000 
     from the amount appropriated in each fiscal year under 
     subsection (a) of this section for the use of the Northeast 
     Corridor Commission'' and insert ``, from the amounts 
     appropriated pursuant to subsection (a), up to $550,000,000 
     for each of the fiscal years 2016 and 2017, up to 
     $700,000,000 for fiscal year 2018, and up to $800,000,000 for 
     fiscal year 2019, for the Northeast Corridor Infrastructure 
     and Operations Advisory Commission''.
                                 ______
                                 
  SA 2335. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 2266 proposed by Mr. McConnell to the bill 
H.R. 22, to amend the Internal Revenue Code of 1986 to exempt employees 
with health coverage under TRICARE or the Veterans Administration from 
being taken into account for purposes of determining the employers to 
which the employer mandate applies under the Patient Protection and 
Affordable Care Act; which was ordered to lie on the table; as follows:

       At the appropriate place in title XXXII of division C, 
     insert the following:

     SEC. __. RENTAL TRUCK REPORT CARD.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator of the Federal Motor 
     Carrier Safety Administration shall promulgate a rule that 
     requires rental truck costumers to be provided with a 
     maintenance report card for the truck they are renting at the 
     time of such rental. Such report card shall include, with 
     respect to the truck involved, information relating to--
       (1) the braking systems (including the emergency break), 
     checked at time of rental and the last service date 
     (including when service was performed and the manufacturer's 
     service standard);
       (2) the tires (including tread depths, tire pressure, and 
     sidewalls), checked at time of rental and the last time the 
     tires were changed (including the manufacturer's service 
     standard);
       (3) the steering system, including the alignment checked at 
     time of rental and last service date (including when service 
     was performed and the manufacturer's service standard);
       (4) the suspension system, including the last service date, 
     the service performed, and the manufacturer's service 
     standard;
       (5) the transmission, including the last service date, the 
     service performed, and the manufacturer's service standard;
       (6) the lights (including the head lights, tail lights, and 
     signal lamps), including a visual check at the time of 
     rental;
       (7) the fluids (including all fluids such as motor oil, 
     power steering fluid, and coolant), to be checked at the time 
     of rental;
       (8) the wipers and wiper fluid to be checked at time of 
     rental, including the last time the wipers were changed and 
     the manufacturer's service standard;
       (9) the battery, to be checked at time of rental, including 
     the last time the battery was changed and the manufacturer's 
     service standard; and
       (10) the heating and air conditioning systems, to be 
     checked at time of rental.
       (b) Deficient Report.--If the report card with respect to a 
     rental truck under subsection (a) indicates that any of the 
     areas described in such report card are deficient, the 
     consumer has the right to be given another

[[Page S5691]]

     rental truck or a full refund. If another rental truck is not 
     made available to the consumer within 24 hours of receiving 
     the report card, then a fee shall be assessed against the 
     entity renting the truck in an amount as determined by the 
     Department of Transportation.
                                 ______
                                 
  SA 2336. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 2266 proposed by Mr. McConnell to the bill 
H.R. 22, to amend the Internal Revenue Code of 1986 to exempt employees 
with health coverage under TRICARE or the Veterans Administration from 
being taken into account for purposes of determining the employers to 
which the employer mandate applies under the Patient Protection and 
Affordable Care Act; which was ordered to lie on the table; as follows:

       Strike section 32305 (relating to regulatory reform).
                                 ______
                                 
  SA 2337. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 2266 proposed by Mr. McConnell to the bill 
H.R. 22, to amend the Internal Revenue Code of 1986 to exempt employees 
with health coverage under TRICARE or the Veterans Administration from 
being taken into account for purposes of determining the employers to 
which the employer mandate applies under the Patient Protection and 
Affordable Care Act; which was ordered to lie on the table; as follows:

       Strike section 32202 (relating to petitions for regulatory 
     relief).
                                 ______
                                 
  SA 2338. Mr. BLUMENTHAL (for himself, Mr. Nelson, and Mr. Markey) 
submitted an amendment intended to be proposed to amendment SA 2266 
proposed by Mr. McConnell to the bill H.R. 22, to amend the Internal 
Revenue Code of 1986 to exempt employees with health coverage under 
TRICARE or the Veterans Administration from being taken into account 
for purposes of determining the employers to which the employer mandate 
applies under the Patient Protection and Affordable Care Act; which was 
ordered to lie on the table; as follows:

       On page 579, strike lines 6 through 17 and insert the 
     following:
       (a) Increase in Civil Penalties.--
       (1) In general.--Section 30165(a) is amended--
       (A) in paragraph (1)--
       (i) in the first sentence--

       (I) by inserting ``or causes the violation of'' after 
     ``violates''; and
       (II) by striking ``$5,000'' and inserting ``$25,000''; and

       (ii) by striking the third sentence;
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``$10,000'' and 
     inserting ``$100,000''; and
       (ii) in subparagraph (B), by striking the second sentence; 
     and
       (C) in paragraph (3)--
       (i) in the first sentence, by inserting ``or causes the 
     violation of'' after ``violates'';
       (ii) in the second sentence, by striking ``$5,000'' and 
     inserting ``$25,000''; and
       (iii) by striking the third sentence.
       (2) Rule of construction.--Nothing in this subsection may 
     be construed as preventing the imposition of penalties under 
     section 30165 of title 49, United States Code, as in effect 
     before the effective date set forth in subsection (b), prior 
     to the issuance of a final rule under section 31203(b) of the 
     Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 
     30165 note).
                                 ______
                                 
  SA 2339. Mr. BLUMENTHAL (for himself, Mr. Nelson, and Mr. Markey) 
submitted an amendment intended to be proposed to amendment SA 2266 
proposed by Mr. McConnell to the bill H.R. 22, to amend the Internal 
Revenue Code of 1986 to exempt employees with health coverage under 
TRICARE or the Veterans Administration from being taken into account 
for purposes of determining the employers to which the employer mandate 
applies under the Patient Protection and Affordable Care Act; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. USED CAR SAFETY RECALL REPAIRS.

       (a) Short Title.--This section may be cited as the ``Used 
     Car Safety Recall Repair Act''.
       (b) Used Passenger Motor Vehicle Consumer Protection.--
     Section 30120 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(k) Limitation on Sale or Lease of Used Passenger Motor 
     Vehicles.--(1) A dealer may not sell or lease a used 
     passenger motor vehicle until any defect or noncompliance 
     determined under section 30118 with respect to the vehicle 
     has been remedied.
       ``(2) Paragraph (1) shall not apply if--
       ``(A) the recall information regarding a used passenger 
     motor vehicle was not accessible at the time of sale or lease 
     using the means established by the Secretary under section 
     31301 of the Moving Ahead for Progress in the 21st Century 
     Act (49 U.S.C. 30166 note); or
       ``(B) notification of the defect or noncompliance is 
     required under section 30118(b), but enforcement of the order 
     is set aside in a civil action to which 30121(d) applies.
       ``(3) Notwithstanding section 30102(a)(1), in this 
     subsection--
       ``(A) the term `dealer' means a person that has sold at 
     least 10 motor vehicles to 1 or more consumers during the 
     most recent 12-month period; and
       ``(B) the term `used passenger motor vehicle' means a motor 
     vehicle that has previously been purchased other than for 
     resale.
       ``(4) By rule, the Secretary may exempt the auctioning of a 
     used passenger motor vehicle from the requirements under 
     paragraph (1) to the extent that the exemption does not harm 
     public safety.''.
       (c) Effective Date.--This section shall take effect on that 
     date that is 18 months after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 2340. Mr. BLUMENTHAL (for himself, Mr. Nelson, and Mr. Markey) 
submitted an amendment intended to be proposed to amendment SA 2266 
proposed by Mr. McConnell to the bill H.R. 22, to amend the Internal 
Revenue Code of 1986 to exempt employees with health coverage under 
TRICARE or the Veterans Administration from being taken into account 
for purposes of determining the employers to which the employer mandate 
applies under the Patient Protection and Affordable Care Act; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CRIMINAL PENALTIES.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by inserting after chapter 101 the following:

                  ``CHAPTER 101A--REPORTING STANDARDS

``Sec.
``2081. Definitions.
``2082. Failure to inform and warn.
``2083. Relationship to existing law.

     ``Sec. 2081. Definitions

       ``In this chapter--
       ``(1) the term `business entity' means a corporation, 
     company, association, firm, partnership, sole proprietor, or 
     other business entity that is a manufacturer;
       ``(2) the term `covered product' means a motor vehicle, 
     motor vehicle equipment, or other equipment that--
       ``(A) is integral to the operation of a motor vehicle;
       ``(B) is manufactured, assembled, designed, researched, 
     imported, or distributed by a business entity; and
       ``(C) enters interstate commerce;
       ``(3) the term `covered service' means a service that--
       ``(A) is integral to the operation of a motor vehicle or 
     motor vehicle equipment;
       ``(B) is conducted or provided by a business entity; and
       ``(C) enters interstate commerce;
       ``(4) the terms `manufacturer', `motor vehicle', and `motor 
     vehicle equipment' have the meanings given those terms in 
     section 30102 of title 49;
       ``(5) the term `NHTSA' means the National Highway Traffic 
     Safety Administration;
       ``(6) the term `responsible corporate officer' means a 
     person who--
       ``(A) is an employer, director, or officer of a business 
     entity;
       ``(B) has the responsibility and authority, by reason of 
     his or her position in the business entity and in accordance 
     with the rules or practice of the business entity, to acquire 
     knowledge of any serious danger associated with a covered 
     product (or component of a covered product) or covered 
     service; and
       ``(C) has the responsibility, by reason of his or her 
     position in the business entity, to communicate information 
     about the serious danger to--
       ``(i) the NHTSA; or
       ``(ii) individuals who may be exposed to the serious 
     danger;
       ``(7) the term `serious bodily injury' means an impairment 
     of the physical condition of an individual, including as a 
     result of trauma, repetitive motion, or disease, that--
       ``(A) creates a substantial risk of death; or
       ``(B) causes--
       ``(i) serious permanent disfigurement;
       ``(ii) unconsciousness;
       ``(iii) extreme pain; or
       ``(iv) permanent or protracted loss or impairment of the 
     function of any bodily member, organ, bodily system, or 
     mental faculty;
       ``(8) the term `serious danger' means a danger, not readily 
     apparent to a reasonable person, that the normal or 
     reasonably foreseeable use of, or the exposure of an 
     individual to, a covered product or covered service has an 
     imminent risk of causing death or serious bodily injury to an 
     individual; and
       ``(9) the term `inform individuals' means take reasonable 
     steps to give, to each individual who is exposed or may be 
     exposed to a serious danger, a description of the serious 
     danger that is sufficient to make the individual aware of the 
     serious danger.

     ``Sec. 2082. Failure to inform and warn

       ``(a) Requirement.--After acquiring actual knowledge of a 
     serious danger associated with a covered product (or 
     component of a

[[Page S5692]]

     covered product) or covered service, a business entity and 
     any responsible corporate officer with respect to the covered 
     product or covered service, shall--
       ``(1) as soon as practicable and not later than 72 hours 
     after acquiring such knowledge, verbally inform the NHTSA of 
     the serious danger, unless the business entity or responsible 
     corporate officer has actual knowledge that the NHTSA has 
     been so informed;
       ``(2) not later than 15 days after acquiring such 
     knowledge, inform the NHTSA in writing of the serious danger, 
     unless the business entity or responsible corporate officer 
     has actual knowledge that the NHTSA has been so informed; and
       ``(3) as soon as practicable, inform individuals who may be 
     exposed to the serious danger of the serious danger if such 
     individuals can reasonably be identified, unless the business 
     entity or responsible corporate officer has actual knowledge 
     that such individuals have been so warned.
       ``(b) Penalty.--
       ``(1) In general.--Whoever knowingly violates subsection 
     (a) shall be fined under this title, imprisoned for not more 
     than 5 years, or both.
       ``(2) Prohibition of payment by business entities.--If a 
     final judgment is rendered and a fine is imposed on an 
     individual under this subsection, the fine may not be paid, 
     directly or indirectly, out of the assets of any business 
     entity on behalf of the individual.

     ``Sec. 2083. Relationship to existing law

       ``(a) Rights To Intervene.--Nothing in this chapter shall 
     be construed to limit the right of any individual or group of 
     individuals to initiate, intervene in, or otherwise 
     participate in any proceeding before a regulatory agency or 
     court, nor to relieve any regulatory agency, court, or other 
     public body of any obligation, or affect its discretion to 
     permit intervention or participation by an individual or a 
     group or class of consumers, employees, or citizens in any 
     proceeding or activity.
       ``(b) Rule of Construction.--Nothing in this chapter shall 
     be construed to--
       ``(1) increase the time period for informing of a serious 
     danger or other harm under any other provision of law; or
       ``(2) limit or otherwise reduce the penalties for any 
     violation of Federal or State law under any other provision 
     of law.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 101 
     the following:

``101A.  Reporting standards................................2081''.....

       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the date that is 1 year after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 2341. Mr. CRAPO (for himself, Mr. Bennet, Mr. Gardner, and Mr. 
Risch) submitted an amendment intended to be proposed to amendment SA 
2266 proposed by Mr. McConnell to the bill H.R. 22, to amend the 
Internal Revenue Code of 1986 to exempt employees with health coverage 
under TRICARE or the Veterans Administration from being taken into 
account for purposes of determining the employers to which the employer 
mandate applies under the Patient Protection and Affordable Care Act; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. FACILITATE WATER LEASING AND WATER TRANSFERS TO 
                   PROMOTE CONSERVATION AND EFFICIENCY.

       (a) In General.--Paragraph (12) of section 501(c) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(I) Treatment of mutual ditch irrigation companies.--
       ``(i) In general.--In the case of a mutual ditch or 
     irrigation company or of a like organization to a mutual 
     ditch or irrigation company, subparagraph (A) shall be 
     applied without taking into account any income received or 
     accrued--

       ``(I) from the sale, lease, or exchange of fee or other 
     interests in real property, including interests in water,
       ``(II) from the sale or exchange of stock in a mutual ditch 
     or irrigation company (or in a like organization to a mutual 
     ditch or irrigation company) or contract rights for the 
     delivery or use of water, or
       ``(III) from the investment of proceeds from sales, leases, 
     or exchanges under subclauses (I) and (II),

     except that any income received under sub clause (I), (II), 
     or (III) which is distributed or expended for expenses (other 
     than for operations, maintenance, and capital improvements) 
     of the mutual ditch or irrigation company or of the like 
     organization to a mutual ditch or irrigation company (as the 
     case may be) shall be treated as nonmember income in the year 
     in which it is distributed or expended. For purposes of the 
     preceding sentence, expenses (other than for operations, 
     maintenance, and capital improvements) include expenses for 
     the construction of conveyances designed to deliver water 
     outside of the system of the mutual ditch or irrigation 
     company or of the like organization.
       ``(ii) Treatment of organizational governance.--In the case 
     of a mutual ditch or irrigation company or of a like 
     organization to a mutual ditch or irrigation company, where 
     State law provides that such a company or organization may be 
     organized in a manner that permits voting on a basis which is 
     pro rata to share ownership on corporate governance matters, 
     subparagraph (A) shall be applied without taking into account 
     whether its member shareholders have one vote on corporate 
     governance matters per share held in the corporation. Nothing 
     in this clause shall be construed to create any inference 
     about the requirements of this subsection for companies or 
     organizations not included in this clause.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2342. Mr. GARDNER submitted an amendment intended to be proposed 
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to 
amend the Internal Revenue Code of 1986 to exempt employees with health 
coverage under TRICARE or the Veterans Administration from being taken 
into account for purposes of determining the employers to which the 
employer mandate applies under the Patient Protection and Affordable 
Care Act; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XXXI of division C, add 
     the following:

     SEC. 31304. MONTHLY REPORTS ON PERFORMANCE AT UNITED STATES 
                   PORTS.

       (a) In General.--Not later than 1 year before the 
     expiration date of a maritime labor agreement that applies to 
     facilities of a United States port, 3 months before the 
     expiration date of the maritime labor agreement, and monthly 
     thereafter until a new agreement is agreed to, the Secretary 
     of Transportation, in consultation with the Secretary of 
     Commerce and the Secretary of Labor, shall post on the public 
     website of the Department of Transportation a report that 
     includes port performance indicators at the affected port. If 
     multiple ports are affected by the expiration of the maritime 
     labor agreement, the Secretary of Transportation shall post a 
     report for each affected port.
       (b) Contents.--Each report required under subsection (a) 
     shall include, for the affected port during the previous 
     month--
       (1) the performance indicators listed under section 
     6314(b)(2) of title 49, United States Code;
       (2) the number and type of vessels awaiting berthing, 
     including average wait time;
       (3) the number of cancelled vessel calls;
       (4) an estimate of the economic impact associated with any 
     delays both at the port and across the national economy;
       (5) an estimate of the amount of time required to clear any 
     congestion;
       (6) the average number of labor positions ordered and 
     filled; and
       (7) any other factors that might have created delays, 
     including weather, equipment maintenance or failures, or 
     infrastructure development or repair.
       (c) Effective Period.--The Secretary of Transportation, in 
     consultation with the Secretary of Commerce and the Secretary 
     of Labor, shall submit a report required under subsection (a) 
     for an affected port until the date on which a new maritime 
     labor agreement that applies to the facilities of the port is 
     agreed to by all of the parties to that maritime labor 
     agreement.
       (d) Definition of Maritime Labor Agreement.--In this 
     section, the term ``maritime labor agreement'' has the 
     meaning given such term in section 40102 of title 46, United 
     States Code.
                                 ______
                                 
  SA 2343. Mr. GARDNER submitted an amendment intended to be proposed 
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to 
amend the Internal Revenue Code of 1986 to exempt employees with health 
coverage under TRICARE or the Veterans Administration from being taken 
into account for purposes of determining the employers to which the 
employer mandate applies under the Patient Protection and Affordable 
Care Act; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title I, add the following:

     SEC. 11210. HIGHWAY SAFETY IMPROVEMENTS.

       (a) Definition of Preventive Maintenance.--Section 
     116(a)(1) of title 23, United States Code, is amended by 
     striking ``activities'' and inserting ``maintenance 
     activities and the appropriate safety equipment to complete 
     such maintenance activities''.
       (b) Eligible Surface Transportation Program Projects.--
     Section 133(b)(7) of such title is amended by inserting ``and 
     capital costs for fixed and mobile'' after ``installation 
     of''.
       (c) Highway Safety Improvement Projects.--Section 148(a)(4) 
     of such title is amended--
       (1) in subparagraph (A), by striking ``activities,'' and 
     inserting ``maintenance activities, the safety equipment 
     approved to complete such activities,'';
       (2) in subparagraph (B)--
       (A) in the matter preceding clause (i), by striking ``, but 
     is not limited to, a project'' and inserting ``a project or 
     maintenance activity''; and

[[Page S5693]]

       (B) by amending clause (xvi) to read as follows:
       ``(xvi) Installation and capital costs of guardrails, fixed 
     and mobile barriers (including fixed and mobile barriers 
     between construction work zones and traffic lanes for the 
     safety of road users and workers), crash attenuators, and 
     other safety equipment .''.
                                 ______
                                 
  SA 2344. Mr. GARDNER (for himself, Mr. Heller, and Mr. Bennet) 
submitted an amendment intended to be proposed to amendment SA 2266 
proposed by Mr. McConnell to the bill H.R. 22, to amend the Internal 
Revenue Code of 1986 to exempt employees with health coverage under 
TRICARE or the Veterans Administration from being taken into account 
for purposes of determining the employers to which the employer mandate 
applies under the Patient Protection and Affordable Care Act; which was 
ordered to lie on the table; as follows:

       On page 256, strike lines 19 and 20 and insert the 
     following:
       (A) in paragraph (3), by inserting ``or as merited by 
     ridership demands'' after ``weekend days'';
       (B) in paragraph (4)--
       (i) in subparagraph (A), by inserting ``or includes 
     performance features that otherwise ensure reliable travel 
     times for public transportation operating in a separated 
     right-of-way in a shared-use facility'' after ``periods''; 
     and
       (ii) in subparagraph (C)(iii), by inserting ``or as merited 
     by ridership demands'' after ``weekend days'';
       On page 256, line 21, strike ``(B)'' and insert ``(C)''.
       On page 257, line 7, strike ``(C)'' and insert ``(D)''.
                                 ______
                                 
  SA 2345. Mrs. FISCHER submitted an amendment intended to be proposed 
by her to the bill H.R. 22, to amend the Internal Revenue Code of 1986 
to exempt employees with health coverage under TRICARE or the Veterans 
Administration from being taken into account for purposes of 
determining the employers to which the employer mandate applies under 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       Beginning on page 450, strike line 13 and all that follows 
     through page 453, line 16, and insert the following:

     SEC. 32403. COMMERCIAL DRIVER ACCESS.

       (a) Interstate Compact Pilot Program.--
       (1) In general.--The Administrator of the Federal Motor 
     Carrier Safety Administration shall establish a 6-year pilot 
     program to study the feasibility, benefits, and safety 
     impacts of allowing a licensed driver between 18 and 21 years 
     of age to operate a commercial motor vehicle in interstate 
     commerce.
       (2) Interstate compacts.--The Secretary shall allow States, 
     including the District of Columbia, to enter into an 
     interstate compact with contiguous States to allow a licensed 
     driver between 18 and 21 years of age to operate a motor 
     vehicle across the applicable State lines. The Secretary 
     shall approve as many as 6 interstate compacts, with no limit 
     on the number of States participating in each interstate 
     compact.
       (3) Mutual recognition of licenses.--A valid intrastate 
     commercial driver's licenses issued by a State participating 
     in an interstate compact under paragraph (2) shall be 
     recognized as valid in each State that is participating in 
     that interstate compact.
       (4) Standards.--In developing an interstate compact under 
     this subsection, participating States shall provide for 
     minimum licensure standards acceptable for interstate travel 
     under this section, which may include, for a licensed driver 
     between 18 and 21 years of age participating in the pilot 
     program--
       (A) age restrictions;
       (B) distance from origin (measured in air miles);
       (C) reporting requirements; or
       (D) additional hours of service restrictions.
       (5) Limitations.--An interstate compact under paragraph (2) 
     may not permit special configuration or hazardous cargo 
     operations to be transported by a licensed driver under 21 
     years of age.
       (6) Additional requirements.--The Secretary may--
       (A) prescribe such additional requirements, including 
     training, for a licensed driver between 18 and 21 years of 
     age participating in the pilot program as the Secretary 
     considers necessary; and
       (B) provide risk mitigation restrictions and limitations.
       (b) Approval.--An interstate compact under subsection 
     (a)(2) may not go into effect until it has been approved by 
     the governor of each State (or the Mayor of the District of 
     Columbia, if applicable) that is a party to the interstate 
     compact, after consultation with the Secretary of 
     Transportation and the Administrator of the Federal Motor 
     Carrier Safety Administration.
       (c) Report.--Not earlier than 4 years after the date on 
     which the test program is established, the Secretary shall 
     submit a report to Congress that contains--
       (1) the findings of the pilot program;
       (2) a determination of whether a licensed driver between 18 
     and 21 years of age can operate a commercial motor vehicle in 
     interstate commerce with an equivalent level of safety; and
       (3) the reasons for that determination.
                                 ______
                                 
  SA 2346. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill H.R. 22, to amend the Internal Revenue Code of 1986 
to exempt employees with health coverage under TRICARE or the Veterans 
Administration from being taken into account for purposes of 
determining the employers to which the employer mandate applies under 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       On page 407, before line 1, insert the following:

     SEC. 31304. ADDRESSING PORT SLOWDOWNS, STRIKES, AND LOCK-
                   OUTS.

       (a) National Emergencies.--Section 206 of the Labor 
     Management Relations Act, 1947 (29 U.S.C. 176) is amended--
       (1) in the first sentence--
       (A) by striking ``Whenever in the opinion'' and inserting 
     ``(a) Whenever in the opinion'';
       (B) by striking ``a threatened or actual strike or lock-
     out'' and inserting ``a slowdown, or a threatened or an 
     actual strike or lock-out,'';
       (C) by striking ``he may appoint'' and inserting ``the 
     President may appoint''; and
       (D) by striking ``to him within such time as he shall 
     prescribe'' and inserting ``to the President within such time 
     as the President shall prescribe and in accordance with the 
     third sentence of this subsection'';
       (2) in the third sentence, by striking ``The President'' 
     and inserting ``Not later than 30 days after appointing the 
     board of inquiry, the President''; and
       (3) by adding at the end the following:
       ``(b)(1) Whenever in the opinion of any Governor of a State 
     or territory of the United States, a slowdown, or a 
     threatened or an actual strike or lock-out, occurring at 1 or 
     more ports in the United States, is affecting an entire 
     industry or a substantial part thereof engaged in trade, 
     commerce, transportation, transmission, or communication 
     among the several States or with foreign nations, or engaged 
     in the production of goods for commerce, will, if permitted 
     to occur or to continue, imperil national or State health or 
     safety, the Governor may request the President to appoint a 
     board of inquiry under subsection (a).
       ``(2)(A) If the President does not appoint a board of 
     inquiry within 10 days of receiving a request under paragraph 
     (1), the Governor who made the request under such paragraph 
     may appoint a board of inquiry to inquire into the issues 
     involved in the dispute and prepare and submit, to the 
     Governor and the President, a written report as described in 
     subparagraph (B) within such time as the Governor shall 
     prescribe and in accordance with the deadline under 
     subparagraph (C).
       ``(B) The report described in this subparagraph shall 
     include a statement of the facts with respect to the dispute, 
     including a statement from each party to the dispute 
     describing the position of such party, but shall not contain 
     any recommendations.
       ``(C) Not later than 30 days after appointing a board of 
     inquiry under subparagraph (A), the Governor shall--
       ``(i) file a copy of the report described in subparagraph 
     (B) with the Service; and
       ``(ii) make the contents of such report available to the 
     President and the public.
       ``(c) Any Governor of a State or territory of the United 
     States (referred to in this subsection as the `supplementing 
     Governor') may submit to the President or Governor who 
     appointed a board of inquiry under subsection (a) or (b)(2) a 
     supplement to the report under such subsection that includes 
     data pertaining to the impact on the State or territory of 
     the supplementing Governor of a slowdown, or a threatened or 
     an actual strike or lock-out, at 1 or more ports. Upon 
     receiving such supplement, the President or Governor shall 
     file such supplement with the Service and make the contents 
     of such supplement available to the public.
       ``(d) For each slowdown, or threatened or actual strike or 
     lock-out, at 1 or more ports, only 1 board of inquiry may be 
     appointed under subsection (a) or (b)(2) during any 90-day 
     period.''.
       (b) Boards of Inquiry.--Section 207(a) of the Labor 
     Management Relations Act, 1947 (29 U.S.C. 177) is amended by 
     striking ``as the President shall determine,'' and inserting 
     ``as the President shall determine for a board of inquiry 
     appointed under section 206(a), or as the Governor shall 
     determine for a board of inquiry appointed by such Governor 
     under section 206(b)(2),''.
       (c) Injunctions During National Emergencies.--Section 208 
     of the Labor Management Relations Act, 1947 (29 U.S.C. 178) 
     is amended--
       (1) in subsection (a)--
       (A) in the matter preceding clause (i)--
       (i) by inserting ``appointed under subsection (a) or (b)(2) 
     of section 206'' after ``board of inquiry'';
       (ii) by striking ``strike or lock-out or the continuing 
     thereof'' and inserting ``slowdown, or threatened or actual 
     strike or lock-out, or the continuing thereof''; and
       (iii) by striking ``such threatened or actual strike or 
     lock-out'' and inserting ``such slowdown, or threatened or 
     actual strike or lock-out, or the continuing thereof''; and
       (B) in clause (ii), by striking ``strike or lock-out or the 
     continuing thereof'' and inserting ``slowdown, strike, or 
     lock-out, or the continuing thereof'';

[[Page S5694]]

       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b)(1) If a slowdown, or a threatened or an actual strike 
     or lock-out, is occurring at 1 or more ports and the 
     President does not direct the Attorney General to make a 
     petition under subsection (a) within 10 days of receiving a 
     report from a board of inquiry appointed under subsection (a) 
     or (b)(2) of section 206, any Governor of a State or 
     territory of the United States in which such port or ports 
     are located may direct the attorney general of such State or 
     territory to petition the district court of the United States 
     having jurisdiction in such State or territory to enjoin such 
     slowdown, or threatened or actual strike or lock-out, or the 
     continuing thereof, at the port or ports within such State or 
     territory.
       ``(2) The district court described in paragraph (1) shall 
     have jurisdiction to enjoin any slowdown, threatened or 
     actual strike or lock-out, or continuing thereof, and to make 
     such other orders as may be appropriate, if such court 
     determines that such slowdown or threatened or actual strike 
     or lock-out--
       ``(A) affects an entire industry or a substantial part 
     thereof engaged in trade, commerce, transportation, 
     transmission, or communication within the applicable State or 
     territory, or engaged in the production of goods for 
     commerce; and
       ``(B) if permitted to occur or to continue, will imperil 
     national or State health and safety.''.
       (d) Reconvening of Boards of Inquiry; NLRB Secret 
     Ballots.--Section 209(b) of the Labor Management Relations 
     Act, 1947 (29 U.S.C. 179(b)) is amended--
       (1) in the first sentence, by striking ``Upon the issuance 
     of such order, the President'' and inserting ``(1) Upon the 
     issuance of any such order, the President or the Governor, as 
     the case may be,'';
       (2) in the second sentence, by striking ``report to the 
     President'' and inserting ``report to the President and any 
     Governor who initiated an action under section 206(b) or 
     208(b)'';
       (3) in the third sentence, by striking ``The President'' 
     and inserting ``The President or the Governor, as the case 
     may be,'';
       (4) in the fourth sentence--
       (A) by striking ``The National Labor Relations Board, 
     within the succeeding fifteen days, shall take a secret 
     ballot'' and inserting the following:
       ``(2) Not later than 15 days after the board of inquiry 
     submits a report under paragraph (1), the National Labor 
     Relations Board, subject to paragraph (3), shall take a 
     secret ballot'';
       (B) by striking ``as stated by him'' and inserting ``as 
     stated by the employer''; and
       (C) by striking ``Attorney General'' and inserting 
     ``Attorney General or State attorney general, whichever 
     sought the injunction,''; and
       (5) by adding at the end the following:
       ``(3) For each slowdown, or threatened or actual strike or 
     lock-out, at 1 or more ports, the National Labor Relations 
     Board shall take not more than 1 secret ballot in any 30-day 
     period for the same employees.''.
       (e) Discharge of Injunctions.--Section 210 of the Labor 
     Management Relations Act, 1947 (29 U.S.C. 180) is amended--
       (1) in the first sentence, by striking ``the Attorney 
     General'' and inserting ``the Attorney General, or the State 
     attorney general, whichever sought the injunction,''; and
       (2) in the second sentence, by striking ``the President'' 
     and inserting ``the President, or any Governor who initiated 
     an action under section 208(b),''.
                                 ______
                                 
  SA 2347. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill H.R. 22, to amend the Internal Revenue Code 
of 1986 to exempt employees with health coverage under TRICARE or the 
Veterans Administration from being taken into account for purposes of 
determining the employers to which the employer mandate applies under 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       Strike section 35102 and (relating to national 
     infrastructure and safety investments) and insert the 
     following:

     SEC. 35102. NATIONAL INFRASTRUCTURE AND SAFETY INVESTMENTS.

       (a) In General.--There is authorized to be appropriated out 
     of the Highway Trust Fund (other than the Mass Transit 
     Account) for grants under chapter 244 of title 49, United 
     States Code, $570,000,000 for each of fiscal years 2016 
     through 2021.
       (b) Project Management Oversight.--The Secretary may 
     withhold up to 1 percent from the amount made available under 
     subsection (a) for the costs of project management oversight 
     of grants carried out under chapter 244 of title 49, United 
     States Code.
       (c) Applicability of Title 23.--Funds authorized by 
     subsection (a) shall--
       (1) be available for obligation in the same manner as if 
     the funds were apportioned under chapter 1 of title 23, 
     United States Code, except that the Federal share payable on 
     account of any project or activity carried out with funds 
     made available under this section shall be no greater than 80 
     percent;
       (2) remain available until expended;
       (3) not be subject to any limitation on obligation; and
       (4) not be transferable.
                                 ______
                                 
  SA 2348. Mr. BARRASSO (for himself, Mr. Donnelly, Mr. Roberts, Ms. 
Heitkamp, Mr. Sullivan, and Mr. Manchin) submitted an amendment 
intended to be proposed by him to the bill H.R. 22, to amend the 
Internal Revenue Code of 1986 to exempt employees with health coverage 
under TRICARE or the Veterans Administration from being taken into 
account for purposes of determining the employers to which the employer 
mandate applies under the Patient Protection and Affordable Care Act; 
which was ordered to lie on the table; as follows:

       At the end of division F, add the following:

            TITLE LXII--FEDERAL WATER QUALITY PROTECTION ACT

     SEC. 62001. SHORT TITLE.

       This title may be cited as the ``Federal Water Quality 
     Protection Act''.

     SEC. 62002. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Body of water.--The term ``body of water'' means a 
     traditional navigable water, territorial sea, river, stream, 
     lake, pond, or wetlands.
       (3) Interstate waters.--The term ``interstate waters'' 
     means the water described in section 328.3(a)(2) of title 33, 
     Code of Federal Regulations (as in effect on the day before 
     the date of enactment of this Act).
       (4) Isolated.--The term ``isolated'', with respect to a 
     body of water, means the absence of a surface hydrologic 
     connection to a traditional navigable water.
       (5) Lawfully constructed and operated water management 
     system.--
       (A) In general.--The term ``lawfully constructed and 
     operated water management system'' means a system that was 
     built or operated outside of water that meets the definition 
     of the term ``waters of the United States'' or, if 
     constructed and operated in such water, the system--
       (i) is authorized by a permit issued under section 404 of 
     the Federal Water Pollution Control Act (33 U.S.C. 1344);
       (ii) was constructed or operated before the effective date 
     of initial regulations implementing section 404 of that Act 
     (33 U.S.C. 1344);
       (iii) was constructed or operated under an exemption from 
     permitting described in subparagraph (A) or (C) of section 
     404(f)(1) of that Act (33 U.S.C. 1344(f)(1));
       (iv) is a system that manages only irrigation return flow 
     that is exempt from permitting under section 402(l)(1) of 
     that Act (33 U.S.C. 1342(l)(1)); or
       (v) is a system that manages only agricultural stormwater 
     or return flows from irrigated agriculture exempt from 
     permitting under section 502(14) of that Act (33 U.S.C. 
     1362(14)).
       (B) Inclusions.--The term ``lawfully constructed and 
     operated'' includes a system described in subparagraph (A) 
     that is--
       (i) a ditch that collects water from roads, runways, 
     parking lots, agricultural fields, forests, and other land or 
     infrastructure;
       (ii) an irrigation water ditch or canal;
       (iii) a stormwater system;
       (iv) a flood water system;
       (v) a wastewater system;
       (vi) a water supply system;
       (vii) a spreading basin for aquifer storage and recovery or 
     aquifer recharge;
       (viii) an irrigated field;
       (ix) a cranberry growing field; or
       (x) a rice production field.
       (6) Normal year.--The term ``normal year'' means--
       (A) the 30-year hydrologic normal, as that term is used by 
     the Natural Resources Conservation Service of the Department 
     of Agriculture, based on data from a specific geographic 
     area; or
       (B) if less than 30 years of data described in subparagraph 
     (A) are available, the average of the observed monthly data 
     from a specific geographic area over the period of record.
       (7) Public notice and an opportunity for comment.--
       (A) In general.--The term ``public notice and an 
     opportunity for comment'' means notice and opportunity for 
     comment that meets the requirements of subchapter II of 
     chapter 5, and chapter 7, of title 5, United States Code 
     (commonly known as the ``Administrative Procedure Act'').
       (B) Inclusion.--The term ``public notice and an opportunity 
     for comment'' includes the opportunity for public hearings in 
     different geographic regions with different hydrology, 
     including separate meetings in the arid West.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (9) Stream.--The term ``stream'' means a natural channel 
     formed by the flow of water that has a bed, bank, and 
     ordinary high water mark (as defined in section 328.3(e) of 
     title 33, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act)).
       (10) Surface hydrologic connection.--
       (A) In general.--The term ``surface hydrologic connection'' 
     means a continuous surface connection through which water 
     moves within a body of water or from 1 body of water to 
     another.
       (B) Exclusion.--The term ``surface hydrologic connection'' 
     does not include--
       (i) overland flow of water outside a body of water 
     (including sheetflow); or

[[Page S5695]]

       (ii) the movement of water through soil, permafrost, 
     subsurface tiles, or a groundwater aquifer.
       (C) Determination of continuousness.--For purposes of this 
     paragraph, a surface hydrologic connection shall be 
     considered to be continuous if the connection is continuous, 
     regardless of whether--
       (i) water is not always present; and
       (ii) there is a break in the ordinary high water mark of a 
     stream that is unrelated to the flow regime of the stream, 
     including a break caused by a culvert, pipe, dam, or by the 
     flow of the stream underground for a short distance, such as 
     through a cave.
       (11) Traditional navigable water.--The term ``traditional 
     navigable water'' means the water described in section 
     328.3(a)(1) of title 33, Code of Federal Regulations (as in 
     effect on the date of enactment of this Act).
       (12) Wetlands.--The term ``wetlands'' has the meaning given 
     the term in section 328.3(b) of title 33, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act).

     SEC. 62003. REVISED DEFINITION; PRINCIPLES AND PROCESS.

       (a) Revised Definition.--A revision to or guidance on a 
     regulatory definition of the term ``navigable waters'' or 
     ``waters of the United States'' promulgated or issued 
     pursuant to the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) after February 4, 2015, shall have no 
     force or effect--
       (1) unless the revision adheres to the principles under 
     subsection (b); and
       (2) until after the Secretary and the Administrator carry 
     out each action described in subsection (c).
       (b) Principles.--In promulgating a revised regulatory 
     definition pursuant to this subsection, the Secretary and the 
     Administrator shall adhere to the following principles:
       (1) The term ``waters of the United States'' under the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) 
     should identify bodies of water subject to Federal 
     jurisdiction, and should include--
       (A) traditional navigable waters and interstate waters;
       (B) tributaries of navigable waters that are streams that 
     contribute flow in a normal year through a surface hydrologic 
     connection to a traditional navigable water of sufficient 
     volume, duration, and frequency that pollutants in the reach 
     of the tributary would degrade the water quality of the 
     traditional navigable water, based on quantifiable and 
     statistically valid measure of flow for the geographic area; 
     and
       (C) wetlands situated next to a water of the United States 
     that, in a normal year, protect the water quality of a 
     navigable water by preventing the movement of pollutants to a 
     navigable water.
       (2) The term ``waters of the United States'' under the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) 
     should not include--
       (A) water that is located below the surface of the land, 
     including soil water, permafrost, and groundwater;
       (B) water that is not located within navigable water, 
     interstate water, a territorial sea, a river, a stream, a 
     lake, a pond, or a wetland;
       (C) a stream that does not contribute flow to navigable 
     water, as described in paragraph (1)(B);
       (D) an isolated pond, whether natural or manmade, including 
     a farm pond, fish pond, livestock watering pond, quarry, mine 
     pit, ornamental pond, swimming pool, construction pit, fire 
     control pond, sediment pond, manure lagoon, and any other 
     isolated facility or system that holds water;
       (E) a lawfully constructed and operated water management 
     system, other than a system component that is a traditional 
     navigable water;
       (F) waste treatment systems; and
       (G) prior-converted cropland (as defined in section 12.2(a) 
     of title 7, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act)).
       (3) In promulgating a revised definition of waters of the 
     United States, the Secretary and the Administrator shall take 
     into consideration that--
       (A) the use of a body of water by an organism, including a 
     migratory bird, does not provide a basis for establishing 
     Federal jurisdiction under the Federal Water Pollution 
     Control Act (33 U.S.C. 1251 et seq.);
       (B) the dispersal of plant seeds and insect eggs through 
     ingestion and excretion by birds and mammals does not provide 
     a basis for establishing Federal jurisdiction under the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
       (C) the supply of water to a groundwater aquifer and the 
     storage of water in an isolated body of water are issues 
     that--
       (i) pertain to the use of water resources that shall not be 
     superseded, abrogated, or otherwise impaired by the Federal 
     Water Pollution Control Act (33 U.S.C. 1251 et seq.) pursuant 
     to sections 101(g) and 510(2) of that Act (33 U.S.C. 1251(g), 
     1370(2)); and
       (ii) do not provide a basis for establishing Federal 
     jurisdiction under that Act (33 U.S.C. 1251 et seq.); and
       (D) evaporation, transpiration, condensation, 
     precipitation, the overland flow of water, and the movement 
     of water in an aquifer are all part of the water cycle and 
     may connect all water over sufficiently long periods of time 
     and distances, but do not provide a basis for establishing 
     Federal jurisdiction under the Federal Water Pollution 
     Control Act (33 U.S.C. 1251 et seq.).
       (4) Waters that are waters of the United States should be 
     identified on maps provided by the Secretary and the 
     Administrator to promote certainty and transparency in 
     jurisdictional determinations.
       (c) Consideration, Consultation, and Report.--
       (1) Federalism.--
       (A) In general.--In proposing and promulgating a regulation 
     pursuant to subsection (a), the Secretary and the 
     Administrator shall ensure compliance with the federalism 
     policymaking criteria and consultation in accordance with 
     Executive Order 13132 (64 Fed. Reg. 43255 (August 4, 1999)), 
     regardless of whether the Secretary and the Administrator 
     determine that the regulation would have any substantial and 
     direct effect on--
       (i) States;
       (ii) the relationship between the Federal Government and 
     the States; or
       (iii) the distribution of power and responsibilities among 
     the various levels of government.
       (B) Consultation.--
       (i) In general.--To be considered meaningful consultation 
     described in section 101(b) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1251(b)), before publication of a 
     proposed rule under this section, consultation shall include 
     a discussion of alternative approaches with and a request for 
     input and advice on the approaches from States and political 
     subdivisions of States, including--

       (I) Governors;
       (II) State departments with authority over water supply and 
     water quality;
       (III) State departments of agriculture; and
       (IV) local governments, including elected officials, local 
     governmental entities with authority over water supply, 
     stormwater, waste water, floodplain management, and flood 
     control, irrigation districts, and conservation districts.

       (ii) Topics.--The topics to be addressed in the 
     consultation under this paragraph should include--

       (I) categories of waters, in addition to those discussed in 
     paragraphs (2) and (3) of subsection (b), that should be 
     subject to Federal jurisdiction or should be subject solely 
     to State or local regulation;
       (II) what is the role of States in the identification of 
     waters subject to Federal jurisdiction; and
       (III) whether channels in which water is present only 
     during or for a short time after a precipitation event are 
     correctly categorized as geomorphological features rather 
     than hydrologic features.

       (2) Regulatory flexibility.--In proposing and promulgating 
     a regulation pursuant to subsection (a), and regardless of 
     whether the Secretary and the Administrator determine that 
     the regulation would have a significant impact on a 
     substantial number of small entities, the Secretary and the 
     Administrator shall--
       (A) carry out the actions described in sections 603, 604, 
     and 609 of title 5, United States Code; and
       (B) in carrying out those actions, take into consideration 
     the costs of all programs under the Federal Water Pollution 
     Control Act (33 U.S.C. 1251 et seq.), regardless of whether 
     the Secretary and the Administrator consider the costs of the 
     proposed regulation to be direct or indirect.
       (3) Unfunded mandates.--In proposing and promulgating a 
     regulation pursuant to subsection (a), the Secretary and the 
     Administrator shall evaluate the intergovernmental and 
     private sector impacts of the regulation, in accordance with 
     title II of the Unfunded Mandates Reform Act of 1995 (2 
     U.S.C. 1531 et seq.), regardless of whether the Secretary and 
     the Administrator--
       (A) consider the impacts of the proposed regulation to be 
     direct or indirect; or
       (B) determine that expenditures resulting from the proposed 
     regulation would meet the monetary thresholds established in 
     that Act (2 U.S.C. 1501 et seq.).
       (4) Improving regulation and regulatory review.--In 
     proposing and promulgating a regulation pursuant to 
     subsection (a), regardless of whether the Secretary and the 
     Administrator consider the regulation to be a significant 
     regulatory action or significantly affect State, local, and 
     tribal governments, the Secretary and the Administrator shall 
     ensure that the regulation meets the requirements of--
       (A) Executive Order 12866 (5 U.S.C. 601 note; relating to 
     regulatory planning and review); and
       (B) Executive Order 13563 (76 Fed. Reg. 3821 (January 18, 
     2011)).
       (5) Improving performance of federal permitting and review 
     of infrastructure projects.--In proposing and promulgating a 
     regulation pursuant to subsection (a), the Secretary and the 
     Administrator shall consider--
       (A) Executive Order 13604 (5 U.S.C. 601 note; relating to 
     improving performance of Federal permitting and review of 
     infrastructure projects); and
       (B) the goal of reducing the time to make decisions in the 
     permitting and review of infrastructure projects by the 
     Federal Government.
       (6) Report.--Not later than the date that is 30 days before 
     the date of issuance of a proposed regulation pursuant to 
     subsection (a), the Secretary and the Administrator shall 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that 
     describes the means by which the proposed regulation, if 
     finalized, would

[[Page S5696]]

     achieve compliance with the laws and Executive orders 
     described in paragraphs (1) through (5).
       (7) Timing.--In carrying out this section, the Secretary 
     and the Administrator shall use best efforts--
       (A) to provide not less than 180 days for the consultation 
     described in paragraph (2);
       (B) to provide a comment period on the revised proposed 
     rule of not less than 120 days; and
       (C) to publish a final rule not later than December 31, 
     2016.

     SEC. 62004. MEASURE OF FLOW.

       After providing public notice and an opportunity for 
     comment, the Secretary shall establish quantifiable and 
     statistically valid measures of the volume, duration, and 
     frequency of flow in streams in different geographic areas 
     that would, in a normal year, allow pollutants in reaches of 
     streams in those geographic areas to flow to and degrade the 
     water quality of a traditional navigable water.

     SEC. 62005. REPORT TO CONGRESS.

       Not later than the date that is 3 years after the date of 
     promulgation of a regulation pursuant to section 620003, and 
     not less frequently than once every 3 years thereafter, the 
     Comptroller General of the United States, after consultation 
     with State, local, and tribal governments and other affected 
     entities, shall--
       (1) review the jurisdictional determinations made during 
     the applicable period by the Secretary and the Administrator; 
     and
       (2) submit to Congress a report that describes--
       (A) the interpretations of the regulation by--
       (i) districts of the Corps of Engineers; and
       (ii) regional offices of the Environmental Protection 
     Agency;
       (B) whether those interpretations are consistent;
       (C) if any inconsistency exists, the measures carried out 
     by the Secretary and the Administrator to reduce the 
     inconsistency or an explanation of the geographic differences 
     that make the inconsistency appropriate; and
       (D) the impacts of those interpretations on Federal 
     permitting and review of infrastructure projects, and the 
     goal stated in section 1 of Executive Order 13604 (5 U.S.C. 
     601 note; relating to improving performance of Federal 
     permitting and review of infrastructure projects) that the 
     time to make decisions in the permitting and review of 
     infrastructure projects by the Federal Government be reduced.

     SEC. 62006. EFFECT OF TITLE.

       (a) Permitting Authority.--Nothing in this title limits the 
     authority of the Secretary or the Administrator--
       (1) to require a permit for any discharge of pollutants to 
     a navigable water under the Federal Water Pollution Control 
     Act (33 U.S.C. 1251 et seq.); or
       (2) to take any enforcement action with respect to an 
     unpermitted discharge under that Act.
       (b) Water Transfers.--Nothing in this title affects a 
     determination regarding whether the transfer of water from 1 
     body of water to another requires a permit under section 402 
     of the Federal Water Pollution Control Act (33 U.S.C. 1342).
       (c) Retention of State Authority.--Nothing in this title 
     places any limitation on the scope of water subject to State 
     jurisdiction under State law.
                                 ______
                                 
  SA 2349. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to 
amend the Internal Revenue Code of 1986 to exempt employees with health 
coverage under TRICARE or the Veterans Administration from being taken 
into account for purposes of determining the employers to which the 
employer mandate applies under the Patient Protection and Affordable 
Care Act; which was ordered to lie on the table; as follows:

       At the end of division F, add the following:

     SEC. __. SECURE RURAL SCHOOLS AND COMMUNITY SELF-
                   DETERMINATION PROGRAM.

       (a) Secure Payments for States and Counties Containing 
     Federal Land.--
       (1) Calculation of payments.--Section 101 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7111) is amended by striking ``2015'' each place 
     it appears and inserting ``2017''.
       (2) Elections.--Section 102(b) of the Secure Rural Schools 
     and Community Self-Determination Act of 2000 (16 U.S.C. 
     7112(b)) is amended--
       (A) in paragraph (1)(C)--
       (i) in the heading, by striking ``Effect of late payment 
     for fiscal years 2014 and 2015'' and inserting ``Payment for 
     fiscal years 2014 through 2017''; and
       (ii) by striking ``fiscal year 2014 or 2015'' and inserting 
     ``fiscal years 2014 through 2017''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and 2015'' and 
     inserting ``through 2017''; and
       (ii) in subparagraph (B), by striking ``2015'' and 
     inserting ``2017''.
       (3) Notification of election.--Section 102(d) of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7112(d)) is amended--
       (A) in paragraph (1)(E)--
       (i) in the heading, by striking ``Effect of late payment 
     for fiscal year 2014'' and inserting ``Payment for fiscal 
     years 2014 through 2017''; and
       (ii) by striking ``and 2015'' and inserting ``through 
     2017''; and
       (B) in paragraph (3)(C)--
       (i) in the heading, by striking ``Effect of late payment 
     for fiscal year 2014'' and inserting ``Payment for fiscal 
     years 2014 through 2017''; and
       (ii) by striking ``and 2015'' and inserting ``through 
     2017''.
       (4) Distribution of payments to eligible counties.--Section 
     103(d)(2) of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended 
     by striking ``2015'' and inserting ``2017''.
       (b) Continuation of Authority to Conduct Special Projects 
     on Federal Land.--Section 208 of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 7128) is 
     amended--
       (1) in subsection (a), by striking ``2017'' and inserting 
     ``2019''; and
       (2) in subsection (b), by striking ``2018'' and inserting 
     ``2020''.
       (c) Continuation of Authority to Use County Funds.--Section 
     304 of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7144) is amended--
       (1) in subsection (a), by striking ``2017'' and inserting 
     ``2019''; and
       (2) in subsection (b), by striking ``2018'' and inserting 
     ``2020''.
       (d) No Reduction in Payment.--Title IV of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 7151 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 404. NO REDUCTION IN PAYMENTS.

       ``Payments under this Act for fiscal year 2016 and each 
     fiscal year thereafter shall be exempt from direct spending 
     reductions under section 251A of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 901a).''.
       (e) Offset.--[Reserved]

     SEC. __. PAYMENTS IN LIEU OF TAXES PROGRAM.

       (a) In General.--Section 6906 of title 31, United States 
     Code, is amended in the matter preceding paragraph (1), by 
     striking ``2014'' and inserting ``2016''.
       (b) Offset.--[Reserved]
                                 ______
                                 
  SA 2350. Mr. REID (for Mr. Nelson (for himself, Mr. Blumenthal, and 
Mr. Markey)) submitted an amendment intended to be proposed to 
amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to 
amend the Internal Revenue Code of 1986 to exempt employees with health 
coverage under TRICARE or the Veterans Administration from being taken 
into account for purposes of determining the employers to which the 
employer mandate applies under the Patient Protection and Affordable 
Care Act; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

       (a) Rulemaking.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall promulgate regulations establishing categories of 
     information provided to the Secretary under section 30166(m) 
     of title 49, United States Code, as amended by section 34217, 
     which shall be made available to the public. The Secretary 
     may establish categories of information that are exempt from 
     public disclosure under section 552(b) of title 5, United 
     States Code.
       (b) Consultation.--In conducting the rulemaking under 
     subsection (a), the Secretary shall consult with--
       (1) the Director of the Office of Government Information 
     Services of the National Archives and Records Administration; 
     and
       (2) the Director of the Office of Information Policy of the 
     Department of Justice.
       (c) Presumption.--In promulgating regulations under 
     subsection (a), vehicle safety defect information related to 
     incidents involving death or injury shall presumptively not 
     be eligible for protection under section 552(b) of title 5, 
     United States Code.
       (d) Nullification of Prior Regulations.--Beginning 2 years 
     after the date of the enactment of this Act, the regulations 
     establishing early warning reporting class determinations in 
     appendix C of part 512 of title 49, Code of Federal 
     Regulations, shall have no force or effect.

     SEC. ___. ADDITIONAL EARLY WARNING REPORTING REQUIREMENTS.

       Section 30166(m) is amended--
       (1) in paragraph (3)(C)--
       (A) by striking ``The manufacturer'' and inserting the 
     following:
       ``(i) In general.--The manufacturer''; and
       (B) by adding at the end the following:
       ``(ii) Fatal incidents.--If an incident described in clause 
     (i) involves a fatality, the Secretary shall require the 
     manufacturer to submit, as part of its incident report--

       ``(I) all initial claim or notice documents (as defined by 
     the Secretary through regulation) except media reports, that 
     notified the manufacturer of the incident;
       ``(II) any police reports or other documents that--

[[Page S5697]]

       ``(aa) describe or reconstruct the incident (as defined by 
     the Secretary through regulation);
       ``(bb) relate to the initial claim or notice (except for 
     documents that are protected by attorney-client privilege or 
     work product privileges that are not already publicly 
     available); and
       ``(cc) are in the physical possession or control of the 
     manufacturer at the time the incident report is submitted; 
     and

       ``(III) any police reports or other documents that describe 
     or reconstruct the incident that are obtained by the 
     manufacturer after the submission of its incident report.'';

       (2) in paragraph (4), by amending subparagraph (C) to read 
     as follows:
       ``(C) Disclosure.--The information provided to the 
     Secretary under this subsection--
       ``(i) shall be disclosed publicly after the Secretary 
     redacts or confirms the redaction of any information that is 
     withholdable under sections 552 and 552a of title 5; and
       ``(ii) shall be entered into the early warning reporting 
     database in a manner specified by the Secretary through 
     regulation that is searchable by manufacturer name, vehicle 
     or equipment make and model name, model year, and reported 
     system or component.''; and
       (3) by adding at the end the following:
       ``(6) Public disclosure of information.--Any requirement 
     for the Secretary to publicly disclose information under this 
     subsection shall be construed in a manner that is consistent 
     with the requirements under sections 552 and 552a of title 
     5.''.
       At the appropriate place, insert the following:

     SEC. ___. CRIMINAL PENALTIES.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by inserting after chapter 101 the following:

                  ``CHAPTER 101A--REPORTING STANDARDS

``Sec.
``2081. Definitions.
``2082. Failure to inform and warn.
``2083. Relationship to existing law.

     ``Sec. 2081. Definitions

       ``In this chapter--
       ``(1) the term `business entity' means a corporation, 
     company, association, firm, partnership, sole proprietor, or 
     other business entity that is a manufacturer;
       ``(2) the term `covered product' means a motor vehicle, 
     motor vehicle equipment, or other equipment that--
       ``(A) is integral to the operation of a motor vehicle;
       ``(B) is manufactured, assembled, designed, researched, 
     imported, or distributed by a business entity; and
       ``(C) enters interstate commerce;
       ``(3) the term `covered service' means a service that--
       ``(A) is integral to the operation of a motor vehicle or 
     motor vehicle equipment;
       ``(B) is conducted or provided by a business entity; and
       ``(C) enters interstate commerce;
       ``(4) the terms `manufacturer', `motor vehicle', and `motor 
     vehicle equipment' have the meanings given those terms in 
     section 30102 of title 49;
       ``(5) the term `NHTSA' means the National Highway Traffic 
     Safety Administration;
       ``(6) the term `responsible corporate officer' means a 
     person who--
       ``(A) is an employer, director, or officer of a business 
     entity;
       ``(B) has the responsibility and authority, by reason of 
     his or her position in the business entity and in accordance 
     with the rules or practice of the business entity, to acquire 
     knowledge of any serious danger associated with a covered 
     product (or component of a covered product) or covered 
     service; and
       ``(C) has the responsibility, by reason of his or her 
     position in the business entity, to communicate information 
     about the serious danger to--
       ``(i) the NHTSA; or
       ``(ii) individuals who may be exposed to the serious 
     danger;
       ``(7) the term `serious bodily injury' means an impairment 
     of the physical condition of an individual, including as a 
     result of trauma, repetitive motion, or disease, that--
       ``(A) creates a substantial risk of death; or
       ``(B) causes--
       ``(i) serious permanent disfigurement;
       ``(ii) unconsciousness;
       ``(iii) extreme pain; or
       ``(iv) permanent or protracted loss or impairment of the 
     function of any bodily member, organ, bodily system, or 
     mental faculty;
       ``(8) the term `serious danger' means a danger, not readily 
     apparent to a reasonable person, that the normal or 
     reasonably foreseeable use of, or the exposure of an 
     individual to, a covered product or covered service has an 
     imminent risk of causing death or serious bodily injury to an 
     individual; and
       ``(9) the term `inform individuals' means take reasonable 
     steps to give, to each individual who is exposed or may be 
     exposed to a serious danger, a description of the serious 
     danger that is sufficient to make the individual aware of the 
     serious danger.

     ``Sec. 2082. Failure to inform and warn

       ``(a) Requirement.--After acquiring actual knowledge of a 
     serious danger associated with a covered product (or 
     component of a covered product) or covered service, a 
     business entity and any responsible corporate officer with 
     respect to the covered product or covered service, shall--
       ``(1) as soon as practicable and not later than 72 hours 
     after acquiring such knowledge, verbally inform the NHTSA of 
     the serious danger, unless the business entity or responsible 
     corporate officer has actual knowledge that the NHTSA has 
     been so informed;
       ``(2) not later than 15 days after acquiring such 
     knowledge, inform the NHTSA in writing of the serious danger, 
     unless the business entity or responsible corporate officer 
     has actual knowledge that the NHTSA has been so informed; and
       ``(3) as soon as practicable, inform individuals who may be 
     exposed to the serious danger of the serious danger if such 
     individuals can reasonably be identified, unless the business 
     entity or responsible corporate officer has actual knowledge 
     that such individuals have been so warned.
       ``(b) Penalty.--
       ``(1) In general.--Whoever knowingly violates subsection 
     (a) shall be fined under this title, imprisoned for not more 
     than 5 years, or both.
       ``(2) Prohibition of payment by business entities.--If a 
     final judgment is rendered and a fine is imposed on an 
     individual under this subsection, the fine may not be paid, 
     directly or indirectly, out of the assets of any business 
     entity on behalf of the individual.

     ``Sec. 2083. Relationship to existing law

       ``(a) Rights to Intervene.--Nothing in this chapter shall 
     be construed to limit the right of any individual or group of 
     individuals to initiate, intervene in, or otherwise 
     participate in any proceeding before a regulatory agency or 
     court, nor to relieve any regulatory agency, court, or other 
     public body of any obligation, or affect its discretion to 
     permit intervention or participation by an individual or a 
     group or class of consumers, employees, or citizens in any 
     proceeding or activity.
       ``(b) Rule of Construction.--Nothing in this chapter shall 
     be construed to--
       ``(1) increase the time period for informing of a serious 
     danger or other harm under any other provision of law; or
       ``(2) limit or otherwise reduce the penalties for any 
     violation of Federal or State law under any other provision 
     of law.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 101 
     the following:

``101A.  Reporting standards................................2081''.....

       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the date that is 1 year after 
     the date of enactment of this Act.
       At the appropriate place, insert the following:

     SEC. ___. USED PASSENGER MOTOR VEHICLE CONSUMER PROTECTION.

       (a) In General.--Section 30120 is amended by adding at the 
     end the following:
       ``(k) Limitation on Sale or Lease of Used Passenger Motor 
     Vehicles.--(1) A dealer may not sell or lease a used 
     passenger motor vehicle until any defect or noncompliance 
     determined under section 30118 with respect to the vehicle 
     has been remedied.
       ``(2) Paragraph (1) shall not apply if--
       ``(A) the recall information regarding a used passenger 
     motor vehicle was not accessible at the time of sale or lease 
     using the means established by the Secretary under section 
     31301 of the Moving Ahead for Progress in the 21st Century 
     Act (49 U.S.C. 30166 note); or
       ``(B) notification of the defect or noncompliance is 
     required under section 30118(b), but enforcement of the order 
     is set aside in a civil action to which 30121(d) applies.
       ``(3) Notwithstanding section 30102(a)(1), in this 
     subsection--
       ``(A) the term `dealer' means a person that has sold at 
     least 10 motor vehicles to 1 or more consumers during the 
     most recent 12-month period; and
       ``(B) the term `used passenger motor vehicle' means a motor 
     vehicle that has previously been purchased other than for 
     resale.
       ``(4) By rule, the Secretary may exempt the auctioning of a 
     used passenger motor vehicle from the requirements under 
     paragraph (1) to the extent that the exemption does not harm 
     public safety.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     of this section shall take effect on the date that is 18 
     months after the date of enactment of this Act.
       At the appropriate place, insert the following:

     SEC. ___. IMMINENT HAZARD AUTHORITY.

       Section 30118(b) is amended--
       (1) in paragraph (1), by striking ``(1) The Secretary may'' 
     and inserting ``(1) In general.--Except as provided under 
     paragraph (3), the Secretary may'';
       (2) in paragraph (2), by inserting ``Orders.--'' before 
     ``If the Secretary''; and
       (3) by adding after paragraph (2) the following:
       ``(3) Imminent hazards.--
       ``(A) Decisions and orders.--If the Secretary makes an 
     initial decision that a defect or noncompliance, or 
     combination of both, under subsection (a) presents an 
     imminent hazard, the Secretary--
       ``(i) shall notify the manufacturer of a motor vehicle or 
     replacement equipment immediately under subsection (a);
       ``(ii) shall order the manufacturer of the motor vehicle or 
     replacement equipment to immediately--

       ``(I) give notification under section 30119 of this title 
     to the owners, purchasers, and dealers of the vehicle or 
     equipment of the imminent hazard; and

[[Page S5698]]

       ``(II) remedy the defect or noncompliance under section 
     30120 of this title;

       ``(iii) notwithstanding section 30119 or 30120, may order 
     the time for notification, means of providing notification, 
     earliest remedy date, and time the owner or purchaser has to 
     present the motor vehicle or equipment, including a tire, for 
     remedy; and
       ``(iv) may include in an order under this subparagraph any 
     other terms or conditions that the Secretary determines 
     necessary to abate the imminent hazard.
       ``(B) Opportunity for administrative review.--Subsequent to 
     the issuance of an order under subparagraph (A), opportunity 
     for administrative review shall be provided in accordance 
     with section 554 of title 5, except that such review shall 
     occur not later than 10 days after issuance of such order.
       ``(C) Definition of imminent hazard.--In this paragraph, 
     the term `imminent hazard' means any condition which 
     substantially increases the likelihood of serious injury or 
     death if not remedied immediately.''.
       At the appropriate place, insert the following:

     SEC. ___. APPLICATION OF REMEDIES FOR DEFECTS AND 
                   NONCOMPLIANCE.

       Section 30120(g)(1) is amended by striking ``the motor 
     vehicle or replacement equipment was bought by the first 
     purchaser more than 10 calendar years, or''.
       At the appropriate place, insert the following:

     SEC. ___. COLLISION AVOIDANCE TECHNOLOGIES.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall initiate a 
     rulemaking to establish a Federal motor vehicle safety 
     standard requiring a motor vehicle with a gross vehicle 
     weight rating greater than 26,000 pounds be equipped with 
     crash avoidance and mitigation systems, such as forward 
     collision automatic braking systems and lane departure 
     warning systems.
       (b) Performance and Standards.--The regulations prescribed 
     under subsection (a) shall establish performance requirements 
     and standards to prevent collisions with moving vehicles, 
     stopped vehicles, pedestrians, cyclists, and other road 
     users.
       (c) Effective Date.--The regulations prescribed by the 
     Secretary under this section shall take effect 2 years after 
     the date of publication of the final rule.
       At the appropriate place, insert the following:

     SEC. ___. MOTOR VEHICLE PEDESTRIAN PROTECTION.

       Not later than 2 years after the date of the enactment of 
     this Act, the Secretary, through the Administrator of the 
     National Highway Traffic Safety Administration, shall issue a 
     final rule that--
       (1) establishes standards for the hood and bumper areas of 
     motor vehicles, including passenger cars, multipurpose 
     passenger vehicles, trucks, and buses with a gross vehicle 
     weight rating of 4,536 kilograms (10,000 pounds) or less, in 
     order to reduce the number of injuries and fatalities 
     suffered by pedestrians who are struck by such vehicles; and
       (2) considers the protection of vulnerable pedestrian 
     populations, including children and older adults.
       On page 577, strike lines 6 through 17, and insert the 
     following:
       (a) Increase in Civil Penalties.--
       (1) In general.--Section 30165(a) is amended--
       (A) in paragraph (1)--
       (i) in the first sentence--

       (I) by inserting ``or causes the violation of'' after 
     ``violates''; and
       (II) by striking ``$5,000'' and inserting ``$25,000''; and

       (ii) by striking the third sentence;
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``$10,000'' and 
     inserting ``$100,000''; and
       (ii) in subparagraph (B), by striking the second sentence; 
     and
       (C) in paragraph (3)--
       (i) in the first sentence, by inserting ``or causes the 
     violation of'' after ``violates'';
       (ii) in the second sentence, by striking ``$5,000'' and 
     inserting ``$25,000''; and
       (iii) by striking the third sentence.
       (2) Rule of construction.--Nothing in this subsection may 
     be construed as preventing the imposition of penalties under 
     section 30165 of title 49, United States Code, as in effect 
     before the effective date set forth in subsection (b), prior 
     to the issuance of a final rule under section 31203(b) of the 
     Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 
     30165 note).
       On page 579, strike lines 12 through 22, and insert the 
     following:

     SEC. 34213. DIRECT VEHICLE NOTIFICATION OF RECALLS.

       (a) Rulemaking.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall initiate a 
     rulemaking for a regulation to require a warning system in 
     each new motor vehicle to indicate to the operator in a 
     conspicuous manner when the vehicle is subject to an open 
     recall.
       (b) Final Rule.--The Secretary shall prescribe final 
     standards not later than 3 years after the date of enactment 
     of this Act.
       On page 579, strike lines 23 through 26, and insert the 
     following:

     SEC. 34214. UNATTENDED CHILDREN WARNING SYSTEM.

       (a) Safety Research Initiative.--Not later than 2 years 
     after the date of enactment of this Act, the Secretary shall 
     complete research into the development of performance 
     requirements to warn a driver that a child or other 
     unattended passenger remains in a rear seating position after 
     a vehicle motor is disengaged.
       (b) Specifications.--In completing the research under 
     subsection (a), the Secretary shall consider performance 
     requirements that--
       (1) sense weight, the presence of a buckled seat belt, or 
     other indications of the presence of a child or other 
     passenger; and
       (2) provide an alert to prevent hyperthermia and 
     hypothermia that can result in death or severe injuries.
       (c) Rulemaking or Report.--
       (1) Rulemaking.--Not later than 1 year after the date that 
     the research under subsection (a) is complete, the Secretary 
     shall initiate a rulemaking proceeding to issue a Federal 
     motor vehicle safety standard if the Secretary determines 
     that such a standard meets the requirements and 
     considerations set forth in subsections (a) and (b) of 
     section 30111 of title 49, United States Code. The Secretary 
     shall complete the rulemaking and issue a final rule not 
     later than 2 years after the date the rulemaking is 
     initiated.
       (2) Report.--If the Secretary determines that the standard 
     described in subsection (a) does not meet the requirements 
     and considerations set forth in subsections (a) and (b) of 
     section 30111 of title 49, United States Code, the Secretary 
     shall submit a report describing the reasons for not 
     prescribing such a standard to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.
       Beginning on page 565, strike line 1 and all that follows 
     through page 567, line 14, and insert the following:

     SEC. 34205. SAFETY RECALLS.

       (a) State Notification of Open Safety Recalls.--
       (1) Grant program.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary shall establish a 
     grant program for States to notify registered motor vehicle 
     owners of safety recalls issued by the manufacturers of those 
     motor vehicles.
       (2) Eligibility.--To be eligible for a grant, a State 
     shall--
       (A) submit an application in such form and manner as the 
     Secretary prescribes;
       (B) agree that when a motor vehicle owner registers the 
     motor vehicle for use in that State, the State will--
       (i) search the recall database maintained by the National 
     Highway Traffic Safety Administration using the motor vehicle 
     identification number;
       (ii) determine all safety recalls issued by the 
     manufacturer of that motor vehicle that have not been 
     completed; and
       (iii) notify the motor vehicle owner of the safety recalls 
     described in clause (ii); and
       (C) provide such other information or notification as the 
     Secretary may require.
       (b) Recall Completion Pilot Grant Program.--
       (1) In general.--The Secretary shall conduct a pilot 
     program to evaluate the feasibility and effectiveness of a 
     State process for increasing the recall completion rate for 
     motor vehicles by requiring each owner or lessee of a motor 
     vehicle to have repaired any open recall on that motor 
     vehicle.
       (2) Grants.--To carry out this program, the Secretary shall 
     make a grant to a State to be used to implement the pilot 
     program described in paragraph (1) in accordance with the 
     requirements under paragraph (3).
       (3) Eligibility.--To be eligible for a grant under this 
     section, a State shall--
       (A) submit an application in such form and manner as the 
     Secretary prescribes;
       (B) meet the requirements and provide notification of 
     safety recalls to registered motor vehicle owners under the 
     grant program described in subsection (a);
       (C) except as provided in paragraph (4), agree to require, 
     as a condition of motor vehicle registration, including 
     renewal, that the motor vehicle owner or lessee complete all 
     remedies for defects and noncompliance offered without charge 
     by the manufacturer or a dealer under section 30120 of title 
     49, United States Code; and
       (D) provide such other information or notification as the 
     Secretary may require.
       (4) Exception.--A State may exempt a motor vehicle owner or 
     lessee from the requirement under paragraph (3)(C) if--
       (A) the recall occurred not earlier than 75 days prior to 
     the registration or renewal date;
       (B) the manufacturer, through a local dealership, has not 
     provided the motor vehicle owner or lessee with a reasonable 
     opportunity to complete any applicable safety recall remedy 
     due to a shortage of necessary parts or qualified labor; or
       (C) the motor vehicle owner or lessee states that the owner 
     or lessee has had no reasonable opportunity to complete all 
     applicable safety recall remedies, in which case the State 
     may grant a temporary registration, of not more than 90 days, 
     during which time the motor vehicle owner or lessee shall 
     complete all applicable safety recall remedies for which the 
     necessary parts and qualified labor are available.
       (5) Award.--In selecting an applicant for award under this 
     section, the Secretary shall consider the State's methodology 
     for--
       (A) determining safety recalls on a motor vehicle;
       (B) informing the owner or lessee of a motor vehicle of the 
     safety recalls;
       (C) requiring the owner or lessee of a motor vehicle to 
     repair any safety recall

[[Page S5699]]

     prior to issuing any registration, approval, document, or 
     certificate related to a motor vehicle registration renewal; 
     and
       (D) determining performance in increasing the safety recall 
     completion rate.
       (6) Performance period.--A grant awarded under this section 
     shall require a performance period for at least 2 years.
       (7) Report.--Not later than 90 days after the completion of 
     the performance period under paragraph (6) and the 
     obligations under the pilot program, the grantee shall 
     provide to the Secretary a report of performance containing 
     such information as the Secretary considers necessary to 
     evaluate the extent to which safety recalls have been 
     remedied.
       (8) Evaluation.--Not later than 1 year after the date the 
     Secretary receives the report under paragraph (7), the 
     Secretary shall evaluate the extent to which safety recalls 
     identified under paragraph (3) have been remedied.
       On page 567, strike lines 15 through 18, and insert the 
     following:

     SEC. 34206. RECALL OBLIGATIONS UNDER BANKRUPTCY.

       Section 30120A is amended to read as follows:

     ``Sec. 30120A. Recall obligations and bankruptcy of a 
       manufacturer

       ``Notwithstanding any provision of title 11, United States 
     Code, a manufacturer's duty to comply with section 30112, 
     sections 30115 through 30121, and section 30166 of this title 
     shall be enforceable against a manufacturer or a 
     manufacturer's successors-in-interest whether accomplished by 
     merger or by acquisition of the manufacturer's stock, the 
     acquisition of all or substantially all of the manufacturer's 
     assets or a discrete product line, or confirmation of any 
     plan of reorganization under section 1129 of title 11.''.
                                 ______
                                 
  SA 2351. Mr. REID (for Mr. Markey (for himself, Mr. Whitehouse, Mr. 
Leahy, and Mr. Booker)) submitted an amendment intended to be proposed 
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to 
amend the Internal Revenue Code of 1986 to exempt employees with health 
coverage under TRICARE or the Veterans Administration from being taken 
into account for purposes of determining the employers to which the 
employer mandate applies under the Patient Protection and Affordable 
Care Act; which was ordered to lie on the table; as follows:

       Strike section 11116 (relating to the satisfaction of 
     requirements for certain historic sites).

                          ____________________