[Congressional Record (Bound Edition), Volume 162 (2016), Part 4]
[Senate]
[Pages 5799-5804]
[From the U.S. 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 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                Amendments Nos. 2812 and 2813 Withdrawn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amendments are withdrawn.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.

[[Page 5800]]




                             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 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.

[[Page 5801]]

  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 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.

[[Page 5802]]

  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 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.

[[Page 5803]]

  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 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

[[Page 5804]]

     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.

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