[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Pages S5735-S5736]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2405. Mr. WARNER (for himself, Ms. Mikulski, Mr. Kaine, and Mr.
Cardin) 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:
Beginning on page 324, strike line 24 and all that follows
through page 326, line 11, and insert the following:
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking ``and'' at the end;
(ii) by redesignating subparagraph (D) as subparagraph (E);
and
(iii) by inserting after subparagraph (C) the following:
``(D) to the extent that the Secretary determines
appropriate, minimum safety standards for rail fixed guideway
public transportation systems relating to--
``(i) written emergency plans and procedures for passenger
evacuations, and training programs to ensure public
transportation personnel compliance and readiness;
``(ii) emergency preparedness training, drill, and
familiarization programs for first responders with
jurisdiction over a rail fixed guideway public transportation
system, including quarterly field exercises;
``(iii) maintenance, testing, and inspection programs to
ensure the proper functioning of tunnel, station, and vehicle
ventilation systems;
``(iv) coordination with local emergency responders having
jurisdiction over a rail fixed guideway public transportation
system to ensure effective radio and public safety
communications;
``(v) initial and recurring training for roadway workers in
hazard recognition and mitigation;
``(vi) implementation of transmission-based train control
systems;
``(vii) maintenance, testing, and inspection programs for
signal and train control systems, track, mechanical systems,
and operations;
``(viii) minimum safety standards for signals, track, and
on-track equipment;
``(ix) certification requirements for train and bus
operators and control center employees; and
``(x) medical and fitness-for-duty criteria for train and
bus operators and control center employees; and''; and
(B) by adding at the end the following:
``(3) Minimum safety standards considerations.--In
determining appropriate minimum safety standards under
paragraph (2)(D), the Secretary shall consider standards
that--
``(A) are not related to performance standards for public
transportation vehicles developed under paragraph (2)(C); and
``(B) to the extent practicable, take into consideration--
``(i) relevant recommendations of the National
Transportation Safety Board;
``(ii) best practices standards developed by the public
transportation industry;
[[Page S5736]]
``(iii) any minimum safety standards or performance
criteria being implemented across the public transportation
industry; and
``(iv) any additional information that the Secretary
determines necessary and appropriate.'';
(2) in subsection (f)(2), by inserting after ``public
transportation system of a recipient'' the following: ``or
the public transportation industry generally'';
(3) in subsection (g)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``an eligible State, as defined in
subsection (e),'' and inserting ``a recipient''; and
(B) by adding at the end the following:
``(3) Emergency authority.--
``(A) Definition.--In this paragraph, the term `emergency
order' means an order issued by the Secretary under
subparagraph (B).
``(B) Emergency orders.--If, through inspections,
investigations, audits, examinations, or testing carried out
under this section, the Secretary determines that an unsafe
condition, unsafe practice, or combination of unsafe
conditions and unsafe practices is causing an emergency
situation involving a risk of death, personal injury, or
significant harm to the environment, the Secretary may
immediately, without regard to section 553 or 554 of title 5,
issue an order imposing any restriction or prohibition that
is necessary to abate the emergency situation.
``(C) Conditions or practices creating emergency
situation.--
``(i) In general.--An emergency order shall describe--
``(I) the condition, practice, or combination of conditions
and practices that is causing the emergency situation; and
``(II) the standards and procedures for obtaining relief
from the order.
``(ii) Rule of construction.--Nothing in clause (i) shall
be construed to affect the authority of the Secretary under
this paragraph to maintain an emergency order in effect for
as long as the Secretary determines that the emergency
situation exists.''; and
Beginning on page 328, strike line 3 and all that follows
through page 332, line 13, and insert the following:
(b) Appointment of Directors of the Washington Metropolitan
Area Transit Authority.--
(1) Definitions.--In this subsection--
(A) the term ``Compact'' means the Washington Metropolitan
Area Transit Authority Compact (Public Law 89-774; 80 Stat
1324);
(B) the term ``Federal Director'' means--
(i) a voting member of the Board of Directors of the
Transit Authority who represents the Federal Government; and
(ii) a nonvoting member of the Board of Directors of the
Transit Authority who serves as an alternate for a member
described in clause (i); and
(C) the term ``Transit Authority'' means the Washington
Metropolitan Area Transit Authority established under Article
III of the Compact.
(2) Appointment by secretary.--
(A) In general.--For any appointment made on or after the
date of enactment of this Act, the Secretary shall have sole
authority to appoint Federal Directors to the Board of
Directors of the Transit Authority.
(B) Amendment to compact.--The signatory parties to the
Compact shall amend the Compact as necessary in accordance
with subparagraph (A).
______