S.Amdt. 2489

SA 2489. Mr. MENENDEZ (for himself and Mr. Booker) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell 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

[[Page S5875]]

Act; which was ordered to lie on the table; as follows:

On page 170, after line 24, add the following:

SEC. 11210. CLEAN POWER PLAN HIGHWAY SANCTION.

(a) State Failure.--For any implementation plan or plan
revision required under section 111(d) of the Clean Air Act
(42 U.S.C. 7411(d)), or any regulations promulgated pursuant
to that section, if the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') makes a determination described in
subsection (b) or disapproves the submission of an
implementation plan based on the failure of the
implementation plan to meet 1 or more elements required for
the implementation plan, a sanction described in subsection
(c) shall, except as provided in subsection (d), apply to the
State until the date on which the Administrator determines
that the State is in compliance.
(b) Required Determination.--A determination referred to in
subsection (a) is a determination by the Administrator that--
(1) a State failed to submit an implementation plan or 1 or
more of the elements of the implementation plan; or
(2) any requirement of an approved implementation plan (or
approved portion of an implementation plan) is not being
implemented.
(c) Highway Sanction.--
(1) In general.--The Administrator may impose a
prohibition, applicable to a State effective on the date on
which the prohibition is imposed, on the approval by the
Secretary of any projects or the awarding by the Secretary of
any grants under title 23, United States Code, other than
with respect to a project or grant described in paragraph
(2).
(2) Limitation.--A prohibition imposed under paragraph (1)
shall not apply to a project or grant for public
transportation or for safety with respect to which the
Secretary determines, based on accident or other appropriate
data submitted by the State, that the principal purpose of
the project or public transportation grant is an improvement
in safety to resolve a demonstrated safety problem and would
likely result in a significant reduction in, or avoidance of,
accidents.
(d) Exception.--A sanction shall not be imposed under this
section if the Administrator determines that the deficiency
identified by the Administrator under subsection (a) or (b)
has been corrected not later than 18 months after the date on
which the implementation plan is disapproved in accordance
with subsection (a) or a determination is made under
subsection (b) with respect to the implementation plan.
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