[Congressional Record Volume 165, Number 186 (Wednesday, November 20, 2019)]
[Senate]
[Pages S6722-S6723]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1249. Mr. MANCHIN (for himself, Mrs. Capito, Mr. Brown, Mr. 
Warner, Mr. Casey, Mr. Kaine, Mr. Jones, Ms. Sinema, Ms. Duckworth, and 
Mr. Van Hollen) submitted an amendment intended to be proposed by him 
to the bill H.R. 3055, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2020, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 14, after line 15, insert the following:


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

  
  On page S6722, November 20, 2019, in the second column, the 
following appears: On page 14, after line 22, insert the 
following:
  
  The online Record has been corrected to read: On page 14, after 
line 15, insert the following:


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


     SEC. 1603. BIPARTISAN AMERICAN MINERS ACT OF 2019.

       (a) Short Title.--This section may be cited as the 
     ``Bipartisan American Miners Act of 2019''.
       (b) Transfers to 1974 UMWA Pension Plan.--
       (1) In general.--Subsection (i) of section 402 of the 
     Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1232) is amended--
       (A) in paragraph (3)(A), by striking ``$490,000,000'' and 
     inserting ``$750,000,000'';
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) Additional amounts.--
       ``(A) Calculation.--If the dollar limitation specified in 
     paragraph (3)(A) exceeds the aggregate amount required to be 
     transferred under paragraphs (1) and (2) for a fiscal year, 
     the Secretary of the Treasury shall transfer an additional 
     amount equal to the difference between such dollar limitation 
     and such aggregate amount to the trustees of the 1974 UMWA 
     Pension Plan to pay benefits required under that plan.
       ``(B) Cessation of transfers.--The transfers described in 
     subparagraph (A) shall cease as of the first fiscal year 
     beginning after the first plan year for which the funded 
     percentage (as defined in section 432(j)(2) of the Internal 
     Revenue Code of 1986) of the 1974 UMWA Pension Plan is at 
     least 100 percent.
       ``(C) Prohibition on benefit increases, etc.--During a 
     fiscal year in which the 1974 UMWA Pension Plan is receiving 
     transfers under subparagraph (A), no amendment of such plan 
     which increases the liabilities of the plan by reason of any 
     increase in benefits, any change in the accrual of benefits, 
     or any change in the rate at which benefits become 
     nonforfeitable under the plan may be adopted unless the 
     amendment is required as a condition of qualification under 
     part I of subchapter D of chapter 1 of the Internal Revenue 
     Code of 1986.
       ``(D) Critical status to be maintained.--Until such time as 
     the 1974 UMWA Pension Plan ceases to be eligible for the 
     transfers described in subparagraph (A)--
       ``(i) the Plan shall be treated as if it were in critical 
     status for purposes of sections 412(b)(3), 432(e)(3), and 
     4971(g)(1)(A) of the Internal Revenue Code of 1986 and 
     sections 302(b)(3) and 305(e)(3) of the Employee Retirement 
     Income Security Act;
       ``(ii) the Plan shall maintain and comply with its 
     rehabilitation plan under section 432(e) of such Code and 
     section 305(e) of such Act, including any updates thereto; 
     and
       ``(iii) the provisions of subsections (c) and (d) of 
     section 432 of such Code and subsections (c) and (d) of 
     section 305 of such Act shall not apply.
       ``(E) Treatment of transfers for purposes of withdrawal 
     liability under erisa.--The amount of any transfer made under 
     subparagraph (A) (and any earnings attributable thereto) 
     shall be disregarded in determining the unfunded vested 
     benefits of the 1974 UMWA Pension Plan and the allocation of 
     such unfunded vested benefits to an employer for purposes of 
     determining the employer's withdrawal liability under section 
     4201 of the Employee Retirement Income Security Act of 1974.
       ``(F) Requirement to maintain contribution rate.--A 
     transfer under subparagraph (A) shall not be made for a 
     fiscal year unless the persons that are obligated to 
     contribute to the 1974 UMWA Pension Plan on the date of the 
     transfer are obligated to make the contributions at rates 
     that are no less than those in effect on the date which is 30 
     days before the date of enactment of the Bipartisan American 
     Miners Act of 2019.
       ``(G) Enhanced annual reporting.--
       ``(i) In general.--Not later than the 90th day of each plan 
     year beginning after the date of enactment of the Bipartisan 
     American Miners Act of 2019, the trustees of the 1974 UMWA 
     Pension Plan shall file with the Secretary of the Treasury or 
     the Secretary's delegate and the Pension Benefit Guaranty 
     Corporation a report (including appropriate documentation and 
     actuarial certifications from the plan actuary, as required 
     by the Secretary of the Treasury or the Secretary's delegate) 
     that contains--

       ``(I) whether the plan is in endangered or critical status 
     under section 305 of the Employee Retirement Income Security 
     Act of 1974 and section 432 of the Internal Revenue Code of 
     1986 as of the first day of such plan year;
       ``(II) the funded percentage (as defined in section 
     432(j)(2) of such Code) as of the first day of such plan 
     year, and the underlying actuarial value of assets and 
     liabilities taken into account in determining such 
     percentage;
       ``(III) the market value of the assets of the plan as of 
     the last day of the plan year preceding such plan year;

[[Page S6723]]

       ``(IV) the total value of all contributions made during the 
     plan year preceding such plan year;
       ``(V) the total value of all benefits paid during the plan 
     year preceding such plan year;
       ``(VI) cash flow projections for such plan year and either 
     the 6 or 10 succeeding plan years, at the election of the 
     trustees, and the assumptions relied upon in making such 
     projections;
       ``(VII) funding standard account projections for such plan 
     year and the 9 succeeding plan years, and the assumptions 
     relied upon in making such projections;
       ``(VIII) the total value of all investment gains or losses 
     during the plan year preceding such plan year;
       ``(IX) any significant reduction in the number of active 
     participants during the plan year preceding such plan year, 
     and the reason for such reduction;
       ``(X) a list of employers that withdrew from the plan in 
     the plan year preceding such plan year, and the resulting 
     reduction in contributions;
       ``(XI) a list of employers that paid withdrawal liability 
     to the plan during the plan year preceding such plan year 
     and, for each employer, a total assessment of the withdrawal 
     liability paid, the annual payment amount, and the number of 
     years remaining in the payment schedule with respect to such 
     withdrawal liability;
       ``(XII) any material changes to benefits, accrual rates, or 
     contribution rates during the plan year preceding such plan 
     year;
       ``(XIII) any scheduled benefit increase or decrease in the 
     plan year preceding such plan year having a material effect 
     on liabilities of the plan;
       ``(XIV) details regarding any funding improvement plan or 
     rehabilitation plan and updates to such plan;
       ``(XV) the number of participants and beneficiaries during 
     the plan year preceding such plan year who are active 
     participants, the number of participants and beneficiaries in 
     pay status, and the number of terminated vested participants 
     and beneficiaries;
       ``(XVI) the information contained on the most recent annual 
     funding notice submitted by the plan under section 101(f) of 
     the Employee Retirement Income Security Act of 1974;
       ``(XVII) the information contained on the most recent 
     Department of Labor Form 5500 of the plan; and
       ``(XVIII) copies of the plan document and amendments, other 
     retirement benefit or ancillary benefit plans relating to the 
     plan and contribution obligations under such plans, a 
     breakdown of administrative expenses of the plan, participant 
     census data and distribution of benefits, the most recent 
     actuarial valuation report as of the plan year, copies of 
     collective bargaining agreements, and financial reports, and 
     such other information as the Secretary of the Treasury or 
     the Secretary's delegate, in consultation with the Secretary 
     of Labor and the Director of the Pension Benefit Guaranty 
     Corporation, may require.

       ``(ii) Electronic submission.--The report required under 
     clause (i) shall be submitted electronically.
       ``(iii) Information sharing.--The Secretary of the Treasury 
     or the Secretary's delegate shall share the information in 
     the report under clause (i) with the Secretary of Labor.
       ``(iv) Penalty.--Any failure to file the report required 
     under clause (i) on or before the date described in such 
     clause shall be treated as a failure to file a report 
     required to be filed under section 6058(a) of the Internal 
     Revenue Code of 1986, except that section 6652(e) of such 
     Code shall be applied with respect to any such failure by 
     substituting `$100' for `$25'. The preceding sentence shall 
     not apply if the Secretary of the Treasury or the Secretary's 
     delegate determines that reasonable diligence has been 
     exercised by the trustees of such plan in attempting to 
     timely file such report.
       ``(H) 1974 umwa pension plan defined.--For purposes of this 
     paragraph, the term `1974 UMWA Pension Plan' has the meaning 
     given the term in section 9701(a)(3) of the Internal Revenue 
     Code of 1986, but without regard to the limitation on 
     participation to individuals who retired in 1976 and 
     thereafter.''.
       (2) Effective dates.--
       (A) In general.--The amendments made by this subsection 
     shall apply to fiscal years beginning after September 30, 
     2016.
       (B) Reporting requirements.--Section 402(i)(4)(G) of the 
     Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1232(i)(4)(G)), as added by this subsection, shall apply to 
     plan years beginning after the date of the enactment of this 
     Act.
       (c) Inclusion in Multiemployer Health Benefit Plan.--
     Section 402(h)(2)(C) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is 
     amended--
       (1) by striking ``the Health Benefits for Miners Act of 
     2017'' both places it appears in clause (ii) and inserting 
     ``the Bipartisan American Miners Act of 2019'';
       (2) by striking ``, would be denied or reduced as a result 
     of a bankruptcy proceeding commenced in 2012 or 2015'' in 
     clause (ii)(II) and inserting ``or a related coal wage 
     agreement, would be denied or reduced as a result of a 
     bankruptcy proceeding commenced in 2012, 2015, 2018, or 
     2019'';
       (3) by striking ``and'' at the end of clause (ii)(I), by 
     striking the period at the end of clause (ii)(II) and 
     inserting ``; and'', and by inserting after clause (ii)(II) 
     the following new subclause:

       ``(III) the cost of administering the resolution of 
     disputes process administered (as of the date of the 
     enactment of the Bipartisan American Miners Act of 2019) by 
     the Trustees of the Plan.'',

       (4) by striking ``January 1, 2017'' in clause (ii) and 
     inserting ``January 1, 2019''; and
       (5) by adding at the end the following new clause:
       ``(vi) Related coal wage agreement.--For purposes of clause 
     (ii), the term `related coal wage agreement' means an 
     agreement between the United Mine Workers of America and an 
     employer in the bituminous coal industry that--

       ``(I) is a signatory operator; or
       ``(II) is or was a debtor in a bankruptcy proceeding that 
     was consolidated, administratively or otherwise, with the 
     bankruptcy proceeding of a signatory operator or a related 
     person to a signatory operator (as those terms are defined in 
     section 9701(c) of the Internal Revenue Code of 1986).''.

       (d) Reduction in Minimum Age for Allowable In-service 
     Distributions.--
       (1) In general.--Section 401(a)(36) of the Internal Revenue 
     Code of 1986 is amended by striking ``age 62'' and inserting 
     ``age 59\1/2\''.
       (2) Application to governmental section 457(b) plans.--
     Clause (i) of section 457(d)(1)(A) of the Internal Revenue 
     Code of 1986 is amended by inserting ``(in the case of a plan 
     maintained by an employer described in subsection (e)(1)(A), 
     age 59\1/2\)'' before the comma at the end.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to plan years beginning after December 31, 2019.
                                 ______
                                 
  SA 1250. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 3055, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2020, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place in division A, add the following:

     SEC. ___. REDUCTION IN RATE FOR OPERATIONS.

       The Continuing Appropriations Act, 2020 (division A of 
     Public Law 116-59) is further amended by inserting after 
     section 150, as added by section 101 of this division, the 
     following:

     ``SEC. 151. REDUCTION IN CONTINUING APPROPRIATIONS TO PROVIDE 
                   SAVINGS FOR THE HIGHWAY TRUST FUND AND 
                   ENVIRONMENTAL PROTECTION AGENCY INFRASTRUCTURE 
                   ASSISTANCE.

       ``(a) Reduction in Continuing Appropriations.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     rate for operations provided by section 101 is hereby reduced 
     by 1 percent.
       ``(2) Exceptions.--The rate for operations shall not be 
     reduced under paragraph (1) for the following:
       ``(A) Amounts made available from the Highway Trust Fund 
     established by section 9503(a) of the Internal Revenue Code 
     of 1986.
       ``(B) Amounts for purposes described in section 147.
       ``(C) For the Environmental Protection Agency, 
     Infrastructure Assistance, amounts made available for the 
     following:
       ``(i) The Clean Water State Revolving Funds and the 
     Drinking Water State Revolving Funds.
       ``(ii) The Water Infrastructure Finance and Innovation Act 
     Program Account.
       ``(iii) The America's Water Infrastructure Act Grant 
     Programs under section 1459A of the Safe Drinking Water Act 
     (42 U.S.C. 300j-19a).
       ``(b) Transfer of Savings.--
       ``(1) Determination of savings.--The Secretary of the 
     Treasury shall determine the amount of the reduction in 
     amounts made available under section 101 of this division 
     that is attributable to subsection (a).
       ``(2) Transfer.--The Secretary of the Treasury shall 
     transfer from the General Fund of the Treasury an amount 
     equal to the amount determined under paragraph (1), as 
     follows:
       ``(A) For the Highway Trust Fund established by section 
     9503(a) of the Internal Revenue Code of 1986, 95 percent of 
     such amount.
       ``(B) For the Clean Water State Revolving Funds and the 
     Drinking Water State Revolving Funds, 3 percent of such 
     amount.
       ``(C) For the Water Infrastructure Finance and Innovation 
     Act Program Account, 1 percent of such amount.
       ``(D) For the America's Water Infrastructure Act Grant 
     Programs under section 1459A of the Safe Drinking Water Act 
     (42 U.S.C. 300j-19a), 1 percent of such amount.
       ``(3) Availability.--Amounts transferred under paragraph 
     (2) shall remain available until expended.''.

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