[Congressional Record (Bound Edition), Volume 160 (2014), Part 9]
[Senate]
[Pages 12333-12334]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3564. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill H.R. 5021, to provide an extension of Federal-aid 
highway, highway safety, motor carrier safety, transit, and other 
programs funded out of the Highway Trust Fund, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 10__. EMERGENCY EXEMPTIONS.

       Any road, highway, or bridge that is damaged by an 
     emergency that is declared by the Governor of the State and 
     concurred in by the Secretary of Homeland Security or 
     declared as an emergency by the President pursuant to the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) and that is in operation or 
     under construction on the date on which the emergency 
     occurs--
       (1) may be reconstructed in the same location with the same 
     capacity, dimensions, and design as before the emergency; and
       (2) shall be exempt from any environmental reviews, 
     approvals, licensing, and permit requirements under--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) sections 402 and 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342, 1344);
       (C) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       (D) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (E) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.);
       (F) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (G) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), except when the reconstruction occurs in designated 
     critical habitat for threatened and endangered species;
       (H) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
     the protection of wetland); and
       (I) any Federal law (including regulations) requiring no 
     net loss of wetland.
                                 ______
                                 
  SA 3565. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 5021, to provide an extension of Federal-aid 
highway, highway safety, motor carrier safety, transit, and other 
programs funded out of the Highway Trust Fund, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MODIFICATION AND PERMANENT EXTENSION OF THE 
                   INCENTIVES TO REINVEST FOREIGN EARNINGS IN THE 
                   UNITED STATES.

       (a) In General.--
       (1) Repatriation subject to 5 percent tax rate.--Subsection 
     (a)(1) of section 965 of the Internal Revenue Code of 1986 is 
     amended by striking ``85 percent'' and inserting ``85.7 
     percent''.
       (2) Permanent extension to elect repatriation.--Subsection 
     (f) of section 965 of the Internal Revenue Code of 1986 is 
     amended to read as follows:
       ``(f) Election.--The taxpayer may elect to apply this 
     section to any taxable year only if made on or before the due 
     date (including extensions) for filing the return of tax for 
     such taxable year.''.
       (3) Repatriation includes current and accumulated foreign 
     earnings.--
       (A) In general.--Paragraph (1) of section 965(b) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(1) In general.--The amount of dividends taken into 
     account under subsection (a) shall not exceed the sum of the 
     current and accumulated earnings and profits described in 
     section 959(c)(3) for the year a deduction is claimed under 
     subsection (a), without diminution by reason of any 
     distributions made during the election year, for all 
     controlled foreign corporations of the United States 
     shareholder.''.
       (B) Conforming amendments.--
       (i) Section 965(b) of such Code is amended by striking 
     paragraphs (2) and (4) and by redesignating paragraph (3) as 
     paragraph (2).
       (ii) Section 965(c) of such Code is amended by striking 
     paragraphs (1) and (2) and by redesignating paragraphs (3), 
     (4), and (5) as paragraphs (1), (2), and (3), respectively.
       (iii) Paragraph (3) of section 965(c) of such Code, as 
     redesignated by clause (ii), is amended to read as follows:
       ``(3) Controlled groups.--All United States shareholders 
     which are members of an affiliated group filing a 
     consolidated return under section 1501 shall be treated as 
     one United States shareholder.''.
       (4) Clerical amendments.--
       (A) The heading for section 965 of the Internal Revenue 
     Code of 1986 is amended by striking ``temporary''.
       (B) The table of sections for subpart F of part III of 
     subchapter N of chapter 1 of such Code is amended by striking 
     ``Temporary dividends'' and inserting ``Dividends''.
       (b) Transfers of Revenue to Highway Trust Fund.--Section 
     9503(b) of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new paragraph:
       ``(7) Revenues attributable to dividends received 
     deductions .--There are hereby appropriated to the Highway 
     Trust Fund amounts equivalent to the revenue derived from the 
     amendments made by section ___(a) of the Highway and 
     Transportation Funding Act of 2014, as determined by the 
     Secretary in consultation with the Director of the 
     Congressional Budget Office.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3566. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 5021, to provide an extension of Federal-aid 
highway, highway safety, motor carrier safety, transit, and other 
programs funded out of the Highway Trust Fund, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MULTI-STATE TRANSPORTATION PRIORITIES.

       (a) List.--The Secretary of Transportation (referred to in 
     this section as the ``Secretary''), in consultation with 
     representative sample of State and local government 
     transportation officials, shall compile a prioritized list of 
     transportation projects, which shall guide the allocation of 
     funding to States for multi-State transportation projects.
       (b) Criteria.--In compiling the list under subsection (a), 
     the Secretary, in addition to other criteria established by 
     the Secretary, shall rank priorities in descending order, 
     beginning with--
       (1) the extent of the positive impact the project will have 
     on 1 or more interstate highways;
       (2) whether the project will repair or replace a road or 
     bridge that--
       (A) has been determined to be structurally or functionally 
     obsolete; and
       (B) poses a risk to public safety;
       (3) the extent of the positive impact of the project on 
     interstate commerce, as demonstrated by an examination of 
     economic indicators, including--
       (A) the impact of the project on shipping and trucking 
     commerce;
       (B) the nexus of the project to other States; and
       (C) the availability of alternative routes;
       (4) the difference between--
       (A) the estimated volume of traffic that uses the road or 
     bridge after the project is completed; and
       (B) the volume of traffic that the existing road or bridge 
     was designed to accommodate;
       (5) the national significance (rather than the regional 
     significance) of the project; and
       (6) the ability of the applicable State or local government 
     to provide additional funding for the project.
       (c) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that includes--
       (1) a prioritized list of multi-State transportation 
     projects; and
       (2) a description of the criteria used to establish the 
     list referred to in paragraph (1).
       (d) Quarterly Updates.--Not less frequently than 4 times 
     each year, the Secretary shall--
       (1) update the report submitted pursuant to subsection (c);
       (2) transmit a copy of the report to Congress; and
       (3) make copy of the report available to the public through 
     the Department of Transportation website.
                                 ______
                                 
  SA 3567. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal

[[Page 12334]]

year, and for other purposes; which was ordered to lie on the table; as 
follows:

       Insert after section 101 the following:

                       Subtitle B--Army Programs

     SEC. 111. SENSE OF THE SENATE ON UH-72 LIGHT UTILITY 
                   HELICOPTER HEALTH AND USAGE MONITORING SYSTEM.

       It is the sense of the Senate that--
       (1) a health and usage monitoring system for the UH-72 
     Lakota Light Utility Helicopter (LUH) that provides early 
     warning for failing systems may reduce costly emergency 
     maintenance, improve maintenance schedules, and increase 
     fleet readiness; and
       (2) the Department of the Army should consider establishing 
     LUH health and usage monitoring system requirements that 
     comply with Federal Aviation Administration standards for 
     certification and are based on the condition-based 
     maintenance needs of the Army, provided that any decision to 
     proceed with a program of record will be done using full and 
     open competition in accordance with the Federal Acquisition 
     Regulation.
                                 ______
                                 
  SA 3568. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:
       Subtitle E--Defense-wide, Joint, and Multiservice Matters

     SEC. 151. PLAN FOR MODERNIZATION OR REPLACEMENT OF DIGITAL 
                   AVIONIC EQUIPMENT.

       (a) Plan Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a plan for the 
     modernization or replacement of digital avionics equipment, 
     including use of commercial-off-the-shelf digital avionics 
     equipment, to meet the Federal Aviation Administration's 
     (FAA) NextGen Equipage Program requirements.
       (b) Elements.--The plan required under subsection (a) shall 
     include the following elements:
       (1) A description of the requirements imposed on Department 
     of Defense aircraft by the FAA transition to the NextGen 
     program, including--
       (A) an identification of the type and number of aircraft 
     that the Department will need to upgrade;
       (B) a definition of the upgrades needed for such aircraft; 
     and
       (C) the schedule required for the Department to make such 
     upgrades in time to meet FAA NextGen Equipage Program 
     requirements.
       (2) A description of options for--
       (A) acquiring new equipment, including--
       (i) new procurement; and
       (ii) leasing equipment and installation and other services, 
     including the use of public-private partnerships; and
       (B) modernizing existing equipment.
       (3) An evaluation of the ability of each option to meet 
     future operational requirements and to meet FAA NextGen 
     Equipage Program requirements.
       (4) Estimated timeline to modernize or replace the digital 
     avionics equipment across the Department of Defense.
       (5) Estimated costs of options to modernize or replace the 
     avionics equipment across the Department in order to meet FAA 
     NextGen Equipage Program requirements.
                                 ______
                                 
  SA 3569. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title X, add the following:

     SEC. 1069. REPORT ON PHYSICAL SECURITY AT DEPARTMENT OF 
                   DEFENSE FACILITIES.

       (a) Finding.--Congress finds that the Secretary of Defense 
     reviewed security standards at Department of Defense 
     facilities following both the November 2009 shootings at Fort 
     Hood, Texas, and the September 2013 shootings at the 
     Washington Navy Yard, District of Columbia, which included an 
     assessment of the ability of the Department to detect, 
     prevent, and respond to future incidents at such facilities.
       (b) Report.--
       (1) In general.--Not later than April 30, 2015, the 
     Secretary of Defense shall submit to Congress a report 
     setting forth a summary of the actions taken by the 
     Department of Defense to respond to the recommendations 
     resulting from the reviews of security standards described in 
     subsection (a).
       (2) Elements.--The report shall include the following:
       (A) Summary of the recommendations described in paragraph 
     (1).
       (B) A description of the actions taken on each 
     recommendation.
       (C) An assessment of current and planned physical security 
     capabilities at Department facilities, and their ability to 
     meet Department physical security requirements.
       (D) An identification and assessment of known and potential 
     physical security shortfalls at Department facilities.
       (E) An assessment of the ability of the Department to 
     eliminate or mitigate shortfalls in physical security at 
     Department facilities, including recommendations on means to 
     increase physical security at such facilities and the funding 
     required to implement such means.

                          ____________________