[Congressional Record Volume 162, Number 75 (Thursday, May 12, 2016)]
[Senate]
[Pages S2732-S2737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to the consideration of H.R. 2577, which the clerk will report.
The senior assistant legislative clerk read as follows:
A bill (H.R. 2577) making appropriations for the
Departments of Transportation, and
[[Page S2733]]
Housing and Urban Development, and related agencies for the
fiscal year ending September 30, 2016, and for other
purposes.
Pending:
Collins/Reed amendment No. 2812, in the nature of a
substitute.
Collins/Reed amendment No. 2813 (to amendment No. 2812), to
make a technical amendment.
Amendments Nos. 2812 and 2813 Withdrawn
The PRESIDING OFFICER. Under the previous order, the pending
amendments are withdrawn.
The PRESIDING OFFICER. The Senator from Maine.
Amendment No. 3896
(Purpose: In the nature of a substitute)
Ms. COLLINS. Mr. President, I call up the Collins-Kirk substitute
amendment No. 3896.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Maine [Ms. Collins] proposes an amendment
numbered 3896.
Ms. COLLINS. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The PRESIDING OFFICER. The majority leader.
Amendment No. 3897 to Amendment No. 3896
Mr. McCONNELL. Mr. President, I call up the Lee amendment No. 3897.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell], for Mr. Lee,
proposes an amendment numbered 3897 to amendment No. 3896.
Mr. McCONNELL. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To prohibit the use of funds to carry out a rule and notice
of the Department of Housing and Urban Development)
At the appropriate place in Division A, insert the
following:
Sec. __. None of the funds made available by this Act may
be used to carry out the final rule of the Department of
Housing and Urban Development entitled ``Affirmatively
Furthering Fair Housing'' (80 Fed. Reg. 42272 (July 16,
2015)) or to carry out the notice of the Department of
Housing and Urban Development entitled ``Affirmatively
Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949
(September 26, 2014)).
Amendments Nos. 3898, 3899, and 3900 to Amendment No. 3896
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
following amendments be called up and reported by number: the Nelson
amendment No. 3898, on Zika; the Cornyn amendment No. 3899, on Zika;
and the Blunt-Murray amendment No. 3900, on Zika.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the amendments by number.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell], for others,
proposes amendments numbered 3898, 3899, and 3900 en bloc to
Amendment No. 3896.
(The amendments are printed in today's Record under ``Text of
Amendments.'')
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk for
the Nelson amendment.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The senior assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on Senate amendment
No. 3898 to amendment No. 3896 to Calendar No. 138, H.R.
2577, an act making appropriations for the Departments of
Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30,
2016, and for other purposes.
Marco Rubio, Debbie Stabenow, Harry Reid, Sheldon
Whitehouse, Richard J. Durbin, Al Franken, Jeanne
Shaheen, Robert Menendez, Brian E. Schatz, Joe Manchin
III, Bill Nelson, Charles E. Schumer, Michael F.
Bennet, Edward J. Markey, Benjamin L. Cardin, Tom
Udall, Gary C. Peters.
Mr. McCONNELL. I ask unanimous consent that the mandatory quorum be
waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk for
the Cornyn amendment.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The senior assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on Senate amendment
No. 3899 to amendment No. 3896 to Calendar No. 138, H.R.
2577, an act making appropriations for the Departments of
Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30,
2016, and for other purposes.
Mitch McConnell, Roy Blunt, Roger F. Wicker, Marco Rubio,
Lamar Alexander, Richard C. Shelby, Thad Cochran, John
McCain, Michael B. Enzi, Jeff Flake, John Cornyn,
Shelley Moore Capito, Johnny Isakson, Richard Burr, Bob
Corker, Susan M. Collins, John Hoeven.
Mr. McCONNELL. I ask unanimous consent that the mandatory quorum be
waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk for
the Blunt-Murray amendment.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The senior assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on Senate amendment
No. 3900 to amendment No. 3896 to Calendar No. 138, H.R.
2577, an act making appropriations for the Departments of
Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30,
2016, and for other purposes.
Mitch McConnell, Roy Blunt, Roger F. Wicker, Marco Rubio,
Lamar Alexander, Richard C. Shelby, Thad Cochran, John
McCain, Michael B. Enzi, Jeff Flake, John Cornyn,
Shelley Moore Capito, Johnny Isakson, Richard Burr, Bob
Corker, Susan M. Collins, John Hoeven.
Mr. McCONNELL. I ask unanimous consent that the mandatory quorum be
waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Mr. President, I am pleased to begin the Senate debate
on the fiscal year 2017 appropriations bill for Transportation, Housing
and Urban Development, and Related Agencies.
This bill funds many programs that are essential to the American
people. Let me begin by thanking the committee chairman, Senator
Cochran, and the vice chairwoman, Senator Mikulski, for their
leadership in advancing this bill.
I also want to pay a special thank-you and acknowledge the hard work
and commitment of Senator Jack Reed, the ranking member of the
subcommittee. The two of us have worked together so closely in drafting
this bill, and we have worked to incorporate the recommendations of
more than 70 Senators from both sides of the aisle.
This bill targets limited resources to programs that meet our most
essential transportation and housing needs. It makes vital investments
in our Nation's transportation infrastructure, providing $16.9 billion
for the Department of Transportation to support much needed upgrades to
our roads, bridges, seaports, railroads, transit systems, and airports.
The bill will also provide $39.2 billion for the Department of
Housing and Urban Development to meet the housing needs of low-income,
disabled, and older Americans, to shelter the homeless, and to create
jobs in our communities through economic development programs.
I want to underscore for our colleagues that we have met these
essential needs in a fiscally responsible manner. Our bill is $827
million below
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the current enacted funding levels, and $2.9 billion below the
President's budget request. We have also ignored gimmicks in the
President's budget request that would shift more than $7 billion in
transportation programs from discretionary to mandatory spending.
The bill before us is critical to meeting the vast needs of our
Nation's crumbling infrastructure. The TIGER Program is an example of a
valuable program that helps do just that. We provide $525 million for
this oversubscribed program, which supports not only much needed
infrastructure projects but also helps to create jobs and boost
economic development in every one of our home States.
The need for the TIGER Program is demonstrated by the statistics.
Last year, 625 applicants from all 50 States and territories requested
nearly $10 billion in assistance illustrating the need for and the
popularity of this vital program. To maintain our Nation's airspace and
ensure that it remains the safest in the world, $16.4 billion is
provided to the Federal Aviation Administration.
Funding is increased to continue to modernize the Nation's air
traffic control system, support the research and safe integration of
unmanned aircraft systems into the airspace, and to help improve our
Nation's airport infrastructure.
Consistent with the FAST Act, which we passed at the end of last
year, $44 billion is made available for the Federal-Aid Highway
Programs, including the new freight program and the FASTLANE grant for
critical freight and highway projects. I also want to highlight several
safety-related provisions included in our bill that will enhance the
safety of commercial motor carrier vehicles.
Regrettably, the Department of Transportation has continued to delay
its proposed rule on speed governors which will improve safety on our
Nation's roadways by preventing commercial trucks and busdrivers from
speeding. Once again, our bill requires the Department to issue the
proposed rule expeditiously since the Department has already missed the
deadline established in last year's omnibus funding bill by Congress.
The growth of autonomous vehicle technologies, or driverless cars,
has led the Department to reexamine existing regulations and policies
that could affect the safe deployment of these vehicles. Our bill
provides additional funding to ensure the safe deployment of autonomous
vehicles onto our Nation's roadways and to reduce the cyber security
vulnerabilities in their electronics.
The bill also builds on the critical infrastructure investments for
rail, providing $50 million for railway safety grants to address the
serious and troubling problem of rail accidents. Additional funding is
provided to help address the substantial backlog of rail infrastructure
needing repair.
For housing programs, this bill provides sufficient funding to renew
all existing rental assistance for section 8, for public housing,
elderly, and disabled housing programs. The Appropriations Committee
continues to face constraints that required us to make difficult
decisions regarding funding at a time when resources are limited under
the 2015 budget agreement.
Our priority is to ensure that our Nation's most vulnerable
individuals and families do not lose assistance that prevents many of
them from being at risk of homelessness. Therefore, the bill provides
necessary funding to keep pace with the rising cost of housing to these
families who might otherwise become homeless.
It is important that rental assistance supports those who truly need
it. However, we are aware of a recent HUD inspector general report that
found that more than 25,000 households had incomes in excess of
qualifying limits. We don't have extra money available to pour into
households where the individuals don't meet the eligibility
requirements. In response to this finding by the IG, we have included
language prompting HUD to update its regulations that ensure there is a
process in place to identify and transition such households out of
public housing when it is appropriate.
The transportation-housing appropriations bill faces challenges
stemming from these unavoidable increases for rental assistance for
low-income families and disabled and elderly individuals. In fact,
rental assistance alone consumes more than half of our subcommittee's
allocation and is a shocking 84 percent of HUD's budget. That makes
funding other important needs difficult.
Nevertheless, Senator Reed and I share a passion about reducing and
ending homelessness. Therefore, we have included $2.33 billion for
homeless assistance grants, and we have also managed to make critical
investments to reduce homelessness among our veterans and our youth.
To further help homeless young people, we provided $40 million in
grants that are targeting this underserved population. Additionally, to
better support youth who are exiting the Foster Care Program, the
system includes $20 million for family unification vouchers and makes
changes to this program to improve its effectiveness. I know many
Members share our concern that young people who age out of the Foster
Care Program should have--must have--somewhere safe to go.
For our Nation's homeless veterans, the bill provides $57 million,
including $7 million to serve our Native American veterans living on
tribal lands. Despite the administration once again this year proposing
to eliminate this program, the subcommittee continues to provide
funding, recognizing that while we are making progress--veterans
homelessness has decreased by 36 percent since the year 2010--we have
yet to reach the goal of ending homelessness among our veterans. As the
percentage of homeless veterans continues to decrease, less funding
will be needed.
Senator Reed played an absolutely essential role in another important
issue that we address in this bill; that is, the presence of lead paint
in homes, which is of particular concern to families with children
under the age of 6. Our bill requires HUD to expeditiously complete its
rulemaking to update its lead standards based on the most current CDC
guidelines, an action Senator Reed and I requested in a February letter
to the HUD Secretary.
While this bill helps families in need, it also recognizes the
hardships local communities are facing. Boosting local economies is
critical to job creation and helping families obtain financial
security. Thus, our bill supports local development efforts by
providing $3 billion through the Community Development Block Grant
Program and $950 million through the HOME Program.
These programs support the development of affordable housing and
other infrastructure projects, which again promote economic development
and lead to job creation in ways that allow local communities to tailor
the programs to meet their specific needs.
The bill before us does not solve every problem facing our
transportation system or our housing program. We simply don't have the
money to do that, even if we had a higher allocation in this era of
very high debt. This is a fiscally responsible bill, and it is a bill
that sets and reflects important priorities. I very much appreciate the
opportunity to present this legislation to the Chamber as we begin the
debate on the Transportation-HUD appropriations bill.
I urge my colleagues to consider the careful balance struck by the
compromises and the negotiations our committee worked so hard to
achieve. Again, I thank the ranking member for being such an
extraordinary partner as we sought to write this very important bill.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. REED. Mr. President, I rise to join Senator Collins in support of
the fiscal year 2017 Transportation, Housing and Urban Development
Appropriations bill. I want to join her in commending Chairman Cochran
and Vice Chairwoman Mikulski for their great work, but I particularly
want to commend Chairman Collins for her extraordinary work, her
thoughtfulness, and her diligence. All those aspects are evidenced in
this bill.
She has, once again, developed a balanced and thoughtful bill that
includes priorities for Members on both sides of the aisle. This bill
allows for our Nation to continue moving forward by investing in
critical transportation and housing initiatives, and, suffice it to
say, without her leadership, we would not be here today with a bill
that not
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only merits our attention, but also merits our support.
This bill includes policies and funding that will grow our economy,
improve the safety of our national transportation system, create jobs,
and preserve affordable housing for our most vulnerable citizens.
Working within a tight allocation, this bill makes important
contributions to the development and safety of our national
transportation system. For example, the bill provides $16.4 billion to
fully fund the needs of the Federal Aviation Administration, including
$1 billion for NextGen modernization activities, which will bring our
aviation system to a new level of performance and safety.
This funding level also fully accommodates the needs of contract
towers and Essential Air Service, and provides for new safety staff and
pay for air traffic controllers.
The very popular TIGER Program, which the Chairman mentioned, is
funded at $525 million. That is a $25 million increase from last year.
TIGER grants allow State and local governments to make transformative
investments in their transportation infrastructure that traditional
formula grant programs are not able to address.
The fiscal year 2016 grant competition just ended 2 weeks ago for
TIGER grants, and the Department of Transportation reports that they
have received over 600 grant applications, totaling nearly $100 billion
in requests. This money is extraordinarily important to localities, and
we have just barely increased it. Without the Chairman's leadership,
however, I don't think that we would have made that increase. Again, I
thank her.
There is high demand for this program that is evidenced by these
applications. That goes to underscore a point that the Chairman has
made about the need for even more significant investment in
infrastructure.
This legislation also provides a boost to essential transit programs
throughout the country, in order to sustain and expand their services.
This bill provides $2.3 billion for the Federal Transit
Administration's Capital Investment Grant program to help meet growing
demand across the country.
This bill also continues investment in the Washington Metrorail
system, while holding the system accountable for improved financial
management and ensuring that the FTA has the needed resources for
strong safety oversight.
Indeed, the bill before us maintains a key focus on safety across all
modes of transportation. For example, the bill fulfills the promises of
the FAST Act through a $199 million investment in Positive Train
Control grants in order to protect passengers and workers on commuter
and interstate rail lines with the next generation of railroad safety
technology.
The bill funds new research at the National Highway Traffic Safety
Administration on the safety and cybersecurity of autonomous vehicles.
As autonomous vehicles are integrated into the general driving
population, there is the potential to save thousands of lives with this
innovative technology. However, an appropriate safety framework must be
in place to realize the benefits of this promising transportation
revolution.
In addition, the bill continues ongoing crude-by-rail safety
initiatives at both the Federal Railroad Administration and the
Pipeline and Hazardous Materials Safety Administration. These
initiatives will work to ensure the safe transportation of crude oil
and crude products across the country.
The bill also provides $85 million for rail grant programs that were
recently-authorized by the FAST Act. These grants can be used for rail
safety and state-of-good-repair projects, such as Positive Train
Control implementation and grade-crossing improvements.
For Amtrak, the bill provides $1.4 billion. In response to the FAST
Act, the THUD appropriations bill now allows the revenue generated on
the Northeast Corridor to remain there. Again, this is consistent with
the FAST Act.
This investment will fully fund the Northeast Corridor and the
National Network, while putting Amtrak in a better position to address
the $28 billion state-of-good-repair backlog.
I am also proud of what we were able to accomplish together for our
Nation's housing programs. The bill preserves HUD's rental assistance
programs, expands housing for youth and families experiencing
homelessness, and increases lead-based paint remediation programs.
These programs are vital to our Nation's safety net and also to the
prosperity of local economies.
I wish to speak briefly about how this bill increases protections for
children against lead-based paint hazards. The bill--and the Chairman
has discussed this--directs HUD to align its blood lead level
regulations with the level recommended by the Centers for Disease
Control and Prevention. This is a significant change that will help
young children.
If you just look at my home State of Rhode Island, 935 children will
enter kindergarten this year exceeding the CDC standard for lead
poisoning, but under the HUD standard, only 32 of those children would
exceed the blood lead level standard. Now, when this regulation is
implemented, there will be 900 children who not only are properly
identified, but also, we hope, will have access to remediation in their
homes, so that they will not be further affected by lead exposure.
To help mitigate the threat of lead in the home, the bill provides
$25 million in new resources for public housing agencies to address
lead-based paint hazards in public housing units in response to this
new health standard. We are really trying to synchronize best practices
with practical systems that will make a huge difference in the lives of
children.
There is also $135 million for lead-hazard reduction grants, $25
million more than in 2016. This increased spending will support lead-
based paint reductions in over 1,750 additional units.
The bill increases support for the training of maintenance staff at
public housing agencies to ensure that lead-based paint hazards are
identified and properly managed.
Finally, it encourages HUD to increase tenant awareness of lead-based
paint hazards in the home to help ensure that families are able to
address hazards before damage is done. These are immediate, cost-
effective changes that will improve the lives of children living in
low-income housing.
Preventing lead poisoning is an issue that I have long worked on. I
am so pleased to see the steps and strides that we are taking in this
bill.
The bill also provides funding for other critical HUD programs,
including $40 million for new interventions targeting homeless youth,
6,000 new vouchers for homeless veterans through the HUD-VASH Program,
housing and supportive care for 2,500 young people aging out of the
foster care system, and services to help families and young people get
jobs and increase their earnings.
Again, I thank Senator Collins for her tremendous work, her
leadership, and her unstinting commitment to making sure that these
resources are directed appropriately and properly.
We always wish that we could do more, but this bill provides a
workable balance of resources for transportation and housing programs.
The bill responds to the priorities of the Members of this Chamber. It
makes wise investments that will benefit our Nation, not only in the
present, but also in the future.
In that regard, I must once again return to the issue of lead
exposure to children in their homes. This is something that has a
lifetime effect on children. I do not have the expertise of the
Presiding Officer when it comes to these issues, but childhood exposure
can have incredible lifetime cognitive impacts on a child and can have
huge costs to society. The steps that we are taking are going to help
those lifetime costs be reduced.
I again thank the Chairman, Senator Collins. I appreciate her
leadership, her willingness, and her extraordinary effort.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. KIRK. Mr. President, we are bringing up the MILCON-VA
appropriations bill today, and I urge its adoption.
This year the MILCON-VA bill was the first appropriations bill. We
marked up 5 weeks earlier than last year, and the bill is on the floor
6 months earlier than before. We are in a very advantageous position of
telling the House to do their work, which
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never happens with regard to the Senate. We are very proud of that.
We are so proud that we have crafted this bill in an open and
collegial way with the full support of my ranking Democratic member,
Senator Jon Tester of Montana. This bipartisan bill was adopted
unanimously by a vote of 30 to 0 in the full Appropriations Committee.
In MILCON, the bill provides $7.9 billion for over 200 critical
defense construction projects. It adds $515 million to MILCON to ensure
that our military is ready to fight and win. There are no OCO gimmicks
in the bill. My top priority in this legislation is missile defense in
Europe.
Last year, the bill funded the Aegis Ashore BMD site in Poland. We
have built on that in this year's bill. This bill funds the Long Range
Discrimination Radar, or LRDR, in Clear, AK, at $155 million.
For Veterans Affairs and related agencies, our bill provides $75.1
billion to protect our veterans. This is record-high funding in this
legislation, this bipartisan bill. The budget is up $3.4 billion, or
4.8 percent, over this year, reflecting the higher medical costs in the
economy.
The VA must now be reformed. We must work much better for veterans
now. This bill includes strong oversight provisions for the VA to
protect the protectors of our veterans. By that, I mean the
whistleblowers. In this legislation is my VA Patient Protection Act of
2016, which protects whistleblowers and makes sure that doctors,
nurses, and other medical care professionals are able to have the full
whistleblower protections they deserve. This bill provides strong
whistleblower protections and punishment for those who retaliate
against whistleblowers.
A number of opioid safety provisions are included, such as no
copayments for opioid antagonists, like Narcan, which can save a life
rapidly.
The bill includes a provision that will screen medical providers to
make sure the VA refrains from transferring bad doctors from one
hospital in one State to another. The bill adds 100 staff to the VA
Office of Inspector General, which is very important.
We continue to insist that the VA develop a fully interoperable
electronic medical health record with DOD, using open source code. My
vision here is to make sure we use open source code for VA medical
records and DOD, to make sure that core of 25 million patients is
protected, with no net burden on the soldiers when they are leaving
active duty. The entire record goes over, so we have complete
continuity of care.
By having open source coding, we repeat the success of the Motorola
Android system, which happened in my State, where 70,000 apps were
written just with that code. I want to make sure the electronic medical
record industry is always located in the United States, based on this
standard.
The bill adds $8.7 million to fix the Veterans Crisis Line that we
fund. Now the veterans suicide hotline will never go unanswered. It
also adds $20 million for gender-specific health care for female
veterans. The bill adds $30 million to combat veteran homelessness; we
have received a request on this issue from over 25 Senators. The bill
adds $12 million for important medical receipts for vets--like genomic
research. In committee, we adopted an amendment that I supported by a
vote of 23 to 7 to allow the VA to treat veterans and their spouses
with in vitro fertilization for service-connected problems.
This is a strong bill. It is a very strong bill, and it does right by
our troops and especially our veterans.
My Senate colleagues should pass this measure quite quickly, just as
they did in the full committee.
With that, I yield back the remainder of my time.
Mr. MORAN. Mr. President, over two decades ago, Congress passed a law
on an overwhelming bipartisan basis to provide a standard way of doing
business for motor carriers nationwide. This preemption provision
resulted in increased efficiencies that led to lower transportation
costs and improved services, which have benefitted shippers and
consumers throughout the country.
For two decades, this intent of Congress was adhered to for those
involved in interstate commerce, and even upheld by the Supreme Court.
Unfortunately, a recent Ninth Circuit Court decision has brought
confusion to what had been the clear intent of Congress, and in my home
State of Kansas, numerous trucking companies and drivers have become
victims of these unintended consequences.
As the Senate begins consideration of the Transportation, Housing and
Urban Development, THUD, Appropriations bill, the issue of trucking
preemption laws may be debated once again. Due to escalating rhetoric
and increasingly pointed statements regarding this issue, I sought the
objective, authoritative policy expertise of the Congressional Research
Service, CRS, to answer one-by-one many of the claims being made.
As the debate on THUD appropriations moves forward, I would encourage
any of my colleagues interested in the trucking preemption debate to
consult this CRS analysis and judge for themselves the merits of this
important issue. I think they will find many of the claims made in
opposition are exaggerations, if not outright falsehoods, and that the
original intent of Congress on this matter was and continues to be
critical for preventing unnecessary burdens on an industry that hauls
our Nation's freight and is vital to our economic well-being.
I ask unanimous consent to have printed in the Record the CRS memo
provided to me with its thoughtful and informative answers.
Thank you.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Congressional Research Service,
April 6, 2016.
MEMORANDUM
To: Hon. Jerry Moran.
From: Rodney Perry.
Subject: Implications of Section 611 of the Proposed Aviation
Innovation, Reform, and Reauthorization Act of 2016.
This memorandum provides responses to your questions
concerning California law and the implications of Section 611
of the proposed Aviation Innovation, Reform, and
Reauthorization Act of 2016 (Section 611).
Section 611 contains two primary provisions. The first
provision would expressly preempt state laws that prohibit
employees whose hours of service are subject to regulation by
the Department of Transportation (DOT) under 49 U.S.C.
Sec. 31502 from working ``to the full extent permitted or at
such times as permitted under [49 U.S.C. Sec. 31502].'' It
would also preempt any state laws that ``impos[e] any
additional obligations on motor carriers if such employees
work to the full extent or at such times as permitted'' by
DOT regulations issued pursuant to 49 U.S.C. Sec. 31502,
which permits DOT to prescribe requirements for the
qualifications and maximum hours of service of motor carrier
employees.
The second provision of Section 611 would expressly preempt
any state laws that require payment of ``separate or
additional compensation'' by a motor carrier that compensates
employees on a piece-rate basis, so long as the total sums
paid to an employee, when divided by the employee's total
number of hours worked during the corresponding work period,
equals or exceeds the applicable minimum wage for that state.
You specifically asked for responses to the following
questions:
1. Although the meal period must be paid if the employee is
on-duty or required to remain on the premises, doesn't
California law permit an on-duty meal period only if there is
a written agreement between the parties that can be revoked
at any time? Absent such agreement, isn't the default
obligation to provide an off-duty meal period? Does the
employer have to pay for an off-duty meal period?
Under California law, unless an employee is relieved of all
duty during a meal period, the meal period is considered an
``on duty'' meal period that counts toward hours worked, and
is thus compensable. On duty meal periods are only permitted
when: (1) the nature of the work prevents an employee from
being relieved of all duty; and (2) there is a written
agreement between the employer and employee for on duty meal
periods. Such a written agreement must state that the
employee can, in writing, revoke the agreement at any time.
Absent such an agreement, any meal periods provided as
required by law are off duty. Off duty meal periods do not
count toward time worked (i.e., they are unpaid).
2. Does anything in Sec. 611 mandate that motor carriers
utilize piece-rate pay systems?
Under Section 611, if a motor carrier compensates an
employee on a piece-rate basis, it is not required to provide
any additional compensation so long as the sum of the piece-
rate compensation, when divided by the total number of hours
worked during the corresponding pay period, equals or exceeds
the applicable minimum wage. This does not appear to require
motor carriers to pay their employees on piece-rate bases.
Rather, it seemingly prevents an employer that chooses to pay
its employees on a piece-rate basis from having to provide
additional compensation in specified circumstances.
3. Is an employer, paying an employee on a piece-rate
basis, in compliance with federal
[[Page S2737]]
minimum wage laws if the sum paid to the employee, when
divided by the total number of hours worked, meets or exceeds
the applicable minimum hourly wage rate?
This appears to be correct. Courts have generally held that
an employer meets federal minimum wage requirements if the
total weekly wage paid is equal to or greater than the number
of hours worked in the week multiplied by the statutory
minimum rate.
4. Would a motor carrier employee loading a truck have to
be compensated for that time as hours worked under federal
law? Does anything in Sec. 611 alter the conclusion?
Pursuant to the federal minimum wage requirements, covered
employers must pay employees the applicable minimum wage for
all compensable hours worked. The Supreme Court has held that
activities that are an ``integral and indispensable part of
the principal activities for which covered workmen are
employed'' are compensable. At least one federal appellate
court has found that loading a truck is an integral and
indispensable part of the principal activity for which a
truck driver is employed (driving a truck), and thus is
compensable. Section 611, by its terms, specifies
circumstances wherein state laws, regulations, or ``other
provision[s] having the force and effect of law'' are
preempted by federal law. As such, it does not appear that
section 611 would alter the determination of whether time
spent loading a truck is compensable under federal law.
5. Under California law, would a motor carrier have to pay
a driver for the mandated 10-minute rest break? If a driver
were to take a rest break or any other type of break of 10
minutes, would a motor carrier have to pay the driver for
that time under federal law? If Sec. 611 were enacted, would
the requirement under federal law still apply?
Under California law, motor carriers are required to
provide employees with paid 10-minute rest breaks for every
four hours worked. Under federal law, employer-provided
breaks that are between 5 and 20 minutes in duration are
generally compensable. Section 611, by its terms, specifies
circumstances wherein state laws, regulations, or ``other
provision[s] having the force and effect of law'' are
preempted by federal law. As such, it does not appear as
though section 611 would alter the determination of whether a
10-minute break is compensable under federal law.
6. Does California Labor Code Sec. 226.2 apply to
independent contractors or only to employees?
By its terms, California Labor Code Sec. 226.2 (Section
226.2) applies to ``employees.'' Given the time constraints
required to respond to your request, and the methodology used
to search for relevant cases, CRS could find no case law
interpreting Section 226.2 that discusses its potential
applicability to independent contractors.
7. Would Section 611 preempt state meal and rest break
laws, like California's, as applied to motor carriers?
Section 611 would preempt any state laws that prohibit
employees whose hours of service are regulated by the
Department of Transportation (DOT) under 49 U.S.C. 31502
``from working to the full extent permitted or at such times
as permitted under [49 U.S.C. Sec. 31502].'' Section 611
would also preempt any state laws that ``impos[e] any
additional obligations on motor carriers if such employees
work to the full extent or at such times as permitted'' by
DOT regulations issued pursuant to 49 U.S.C. Sec. 31502,
which permits DOT to prescribe requirements for the
qualifications and maximum hours of service of motor carrier
employees. Thus, any state meal or break laws that impose
more stringent requirements on motor carriers than DOT's meal
or break regulations for motor carriers, found at 49 C.F.R.
Part 395, would seem to be preempted by Section 611. This
interpretation of the legislative language would appear to be
consistent with the legislative intent behind Section 611.
Mr. KIRK. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mrs. FISCHER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________