S.Amdt. 2296

SA 2296. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2266 submitted by Mr. McConnell and intended to be
proposed to the bill H.R. 22, to amend the Internal Revenue Code of
1986 to exempt employees with health coverage under TRICARE or the
Veterans Administration from being taken into account for purposes of
determining the employers to which the employer mandate applies under
the Patient Protection and Affordable Care Act; which was ordered to
lie on the table; as follows:

At the end of title V of division A, add the following:

SEC. 15___. LIMITATION ON WITHHOLDING OF APPORTIONMENTS FOR
NONCOMPLIANCE WITH AIR QUALITY STANDARDS.

(a) In General.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 159 the following:

``Sec. 160. Noncompliance with air quality standards

``The Secretary may withhold amounts required to be
apportioned under section 104(b) or any other provision of
this title or title 49 for Federal-aid highway projects for a
fiscal year from a State that contains an area that has not
attained an applicable national primary or secondary ambient
air quality standard under the Clean Air Act (42 U.S.C. 7401
et seq.) (including regulations promulgated pursuant to that
Act) only if--
``(1) the rule establishing the standard has been finalized
and implemented before the date of enactment of the DRIVE
Act; or
``(2) in a case in which the rule establishing the standard
is finalized and implemented on or after the date of
enactment of the DRIVE Act, the Administrator of the
Environmental Protection Agency includes in each regulatory
impact analysis regarding the proposed and final rule at
least 1 analysis that does not include--
``(A) any other proposed rule;
``(B) any other rule that, as of the date of the analysis--
``(i) has been finalized by the Administrator; but
``(ii) has not been implemented; and
``(C) any calculation of benefits resulting from reducing
emissions of any other criteria pollutant.''.
(b) Conforming Amendment.--The analysis for title 23,
United States Code, is amended by inserting after the item
relating to section 159 the following:

``160. Noncompliance with air quality standards.''.
______