[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Pages S5874-S5875]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2489. Mr. MENENDEZ (for himself 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

[[Page S5875]]

Act; which was ordered to lie on the table; as follows:

       On page 170, after line 24, add the following:

     SEC. 11210. CLEAN POWER PLAN HIGHWAY SANCTION.

       (a) State Failure.--For any implementation plan or plan 
     revision required under section 111(d) of the Clean Air Act 
     (42 U.S.C. 7411(d)), or any regulations promulgated pursuant 
     to that section, if the Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') makes a determination described in 
     subsection (b) or disapproves the submission of an 
     implementation plan based on the failure of the 
     implementation plan to meet 1 or more elements required for 
     the implementation plan, a sanction described in subsection 
     (c) shall, except as provided in subsection (d), apply to the 
     State until the date on which the Administrator determines 
     that the State is in compliance.
       (b) Required Determination.--A determination referred to in 
     subsection (a) is a determination by the Administrator that--
       (1) a State failed to submit an implementation plan or 1 or 
     more of the elements of the implementation plan; or
       (2) any requirement of an approved implementation plan (or 
     approved portion of an implementation plan) is not being 
     implemented.
       (c) Highway Sanction.--
       (1) In general.--The Administrator may impose a 
     prohibition, applicable to a State effective on the date on 
     which the prohibition is imposed, on the approval by the 
     Secretary of any projects or the awarding by the Secretary of 
     any grants under title 23, United States Code, other than 
     with respect to a project or grant described in paragraph 
     (2).
       (2) Limitation.--A prohibition imposed under paragraph (1) 
     shall not apply to a project or grant for public 
     transportation or for safety with respect to which the 
     Secretary determines, based on accident or other appropriate 
     data submitted by the State, that the principal purpose of 
     the project or public transportation grant is an improvement 
     in safety to resolve a demonstrated safety problem and would 
     likely result in a significant reduction in, or avoidance of, 
     accidents.
       (d) Exception.--A sanction shall not be imposed under this 
     section if the Administrator determines that the deficiency 
     identified by the Administrator under subsection (a) or (b) 
     has been corrected not later than 18 months after the date on 
     which the implementation plan is disapproved in accordance 
     with subsection (a) or a determination is made under 
     subsection (b) with respect to the implementation plan.
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