S.Amdt. 94Senate114th Congress (2015-2017)
S.Amdt. 94
Sponsored by 
Sen. Heidi Heitkamp (D-ND)
Sen. Heidi Heitkamp (D-ND)Submitted January 21, 2015
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
TEXT OF AMENDMENTS
SA 78. Mr. BLUNT (for himself and Mr. Inhofe) submitted an amendment
intended to be proposed by him to the bill S. 1, to approve the
Keystone XL Pipeline; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. SENSE OF THE SENATE REGARDING BILATERAL OR OTHER
INTERNATIONAL AGREEMENTS REGARDING GREENHOUSE
GAS EMISSIONS.
(a) Findings.--The Senate makes the following findings:
(1) On November 11, 2014, President Barack Obama and
President Xi Jinping of the People's Republic of China
announced the ``U.S.-China Joint Announcement on Climate
Change and Clean Energy Cooperation'' (in this section
referred to as the ``Agreement'') reflecting ``the principle
of common but differentiated responsibilities and respective
capabilities, in light of different national circumstances''.
(2) The Agreement stated the United States intention to
reduce its greenhouse gas emissions by one-quarter by 2025
while allowing the People's Republic of China to double its
greenhouse gas emissions between now and 2030.
(3) While coal fired electricity remains the least
expensive energy alternative, the reduction of coal use
because of the Agreement would result in a 25 percent
increase in electricity prices in the United States in 2025,
according to analysis conducted by the Energy Information
Administration.
(4) The people of China will not see similar electricity
price increases as they continue to use low cost coal without
limit for the foreseeable future, at least until 2030.
(5) Increases in the price of electricity can cause job
losses in the United States industrial sector, which includes
manufacturing, agriculture, and construction.
(6) The price of electricity is a top consideration for job
creators when locating manufacturing facilities, especially
in energy-intensive manufacturing such as steel and aluminum
production.
(7) Requiring mandatory cuts in greenhouse gas emissions in
the United States while allowing nations such as China and
India to increase their greenhouse gas emissions results in
jobs moving from the United States to other countries,
especially to China and India, and is economically unfair.
(8) Imposing disparate greenhouse gas emissions commitments
for the United States and countries such as China and India
is environmentally irresponsible because it results in
greater emissions as businesses move to countries with less
stringent standards.
(9) Union members, families, consumers, communities, and
local institutions like schools, hospitals, and churches are
hurt by the resulting job losses.
(10) The poor, the elderly, and those on fixed incomes are
hurt the most by the President's promised increased
electricity rates.
(b) Sense of the Senate.--It is the sense of the Senate
that--
[[Page S354]]
(1) the Agreement negotiated between the President and the
President of the People's Republic of China has no force and
effect in the United States;
(2) the Agreement between the President and the President
of the People's Republic of China is a bad deal for United
States consumers, workers, families, and communities, and is
economically unfair and environmentally irresponsible;
(3) the Agreement, as well as any other bilateral or
international agreement regarding greenhouse gas emissions
such as the United Nation's Framework Convention on Climate
Change in Paris in December 2015, requires the advice and
consent of the Senate and must be accompanied by a detailed
explanation of any legislation or regulatory actions that may
be required to implement the Agreement and an analysis of the
detailed financial costs and other impacts on the economy of
the United States which would be incurred by the
implementation of the Agreement;
(4) the United States should not be a signatory to any
bilateral or other international agreement on greenhouse
gases if it would result in serious harm to the economy of
the United States; and
(5) the United States should not agree to any bilateral or
other international agreement imposing disparate greenhouse
gas commitments for the United States and other countries.
______
SA 79. Mr. BLUNT submitted an amendment intended to be proposed by
him to the bill S. 1, to approve the Keystone XL Pipeline; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. STUDY ON COMMUNITY AND INDIVIDUAL AFFORDABILITY.
(a) Definitions.--In this section:
(1) Academy.--The term ``Academy'' means the National
Academy of Public Administration, an independent,
nonpartisan, and nonprofit organization chartered by
Congress.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(b) Study.--
(1) In general.--The Administrator shall contract with the
Academy to conduct an independent study to create a
definition of and framework for the term ``community and
individual affordability''.
(2) Requirements.--In conducting the study, the Academy
shall--
(A) consult with--
(i) the Administrator;
(ii) State and local governments;
(iii) organizations that specialize in affordability
issues; and
(iv) popularly elected governance organizations such as the
National Association of Counties, the National League of
Cities, and the United States Conference of Mayors;
(B) review existing studies of the costs associated with
major regulations under such laws as--
(i) the Clean Air Act (42 U.S.C. 7401 et seq.);
(ii) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
(iii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(iv) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.); and
(v) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
(commonly known as the ``Resource Conservation and Recovery
Act of 1976''); and
(C) recommend a new affordability threshold and describe
how different localities can effectively fund municipal
projects.
(3) Timing.--The Administrator shall contract with the
Academy not later than 60 days after the date of enactment of
this Act.
(c) Report.--Not later than 1 year after entering into an
arrangement with the Administrator under subsection (b)(1),
the Academy shall submit to Congress and the Administrator a
report that includes the findings, conclusions, and
recommendations of the Academy.
______
SA 80. Mr. VITTER (for himself and Mr. Cassidy) submitted an
amendment intended to be proposed to amendment SA 2 proposed by Ms.
Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee,
Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr.
Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, to approve
the Keystone XL Pipeline; which was ordered to lie on the table; as
follows:
At the end, add the following:
DIVISION B--OUTER CONTINENTAL SHELF OIL AND GAS LEASING
TITLE I--OUTER CONTINENTAL SHELF OIL AND GAS LEASING REVENUE
SEC. 101. EXTENSION OF OUTER CONTINENTAL SHELF OIL AND GAS
LEASING PROGRAM.
(a) In General.--Subject to subsection (c), the Draft
Proposed Outer Continental Shelf Oil and Gas Leasing Program
2010-2015 issued by the Secretary of the Interior (referred
to in this section as the ``Secretary'') under section 18 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1344) shall
be considered to be the final oil and gas leasing program
under that section for the period of fiscal years 2015
through 2020.
(b) Final Environmental Impact Statement.--The Secretary is
considered to have issued a final environmental impact
statement for the program applicable to the period described
in subsection (a) in accordance with all requirements under
section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)).
(c) Exceptions.--Lease Sales 214, 232, and 239 shall not be
included in the final oil and gas leasing program for the
period of fiscal years 2015 through 2020.
(d) Eastern Gulf of Mexico Not Included.--Nothing in this
section affects restrictions on oil and gas leasing under the
Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331
note; Public Law 109-432).
SEC. 102. REVENUE SHARING FROM OUTER CONTINENTAL SHELF WIND
ENERGY PRODUCTION FACILITIES.
The first sentence of section 8(p)(2)(B) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)(B)) is
amended by inserting after ``27 percent'' the following: ``,
or, in the case of projects for offshore wind energy
production facilities, 37.5 percent''.
SEC. 103. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS.
Section 18(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1344(a)) is amended by adding at the end the
following:
``(5)(A) In each oil and gas leasing program under this
section, the Secretary shall make available for leasing and
conduct lease sales including at least 50 percent of the
available unleased acreage within each outer Continental
Shelf planning area (other than the North Aleutian Basin
planning area or the North Atlantic planning area) considered
to have the largest undiscovered, technically recoverable oil
and gas resources (on a total btu basis) based on the most
recent national geologic assessment of the outer Continental
Shelf, with an emphasis on offering the most geologically
prospective parts of the planning area.
``(B) The Secretary shall include in each proposed oil and
gas leasing program under this section any State subdivision
of an outer Continental Shelf planning area (other than the
North Aleutian Basin planning area or the North Atlantic
planning area) that the Governor of the State that represents
that subdivision requests be made available for leasing. The
Secretary may not remove such a subdivision from the program
until publication of the final program, and shall include and
consider all such subdivisions in any environmental review
conducted and statement prepared for such program under
section 102(2) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)).
``(C) In this paragraph, the term `available unleased
acreage' means that portion of the outer Continental Shelf
that is not under lease at the time of a proposed lease sale,
and that has not otherwise been made unavailable for leasing
by law.
``(6)(A) In the 5-year oil and gas leasing program, the
Secretary shall make available for leasing any outer
Continental Shelf planning area (other than the North
Aleutian Basin planning area or the North Atlantic planning
area) that--
``(i) is estimated to contain more than 2,500,000,000
barrels of oil; or
``(ii) is estimated to contain more than 7,500,000,000,000
cubic feet of natural gas.
``(B) To determine the planning areas described in
subparagraph (A), the Secretary shall use the document
entitled `Minerals Management Service Assessment of
Undiscovered Technically Recoverable Oil and Gas Resources of
the Nation's Outer Continental Shelf, 2006'.''.
SEC. 104. DISPOSITION OF REVENUES.
(a) Definitions.--Section 102 of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-
432) is amended--
(1) by redesignating paragraphs (5) through (11) as
paragraphs (6) through (12), respectively;
(2) by inserting after paragraph (4) the following:
``(5) Coastal state.--The term `coastal State' means--
``(A) each of the Gulf producing States; and
``(B) effective for fiscal year 2016 and each fiscal year
thereafter--
``(i) the State of Alaska; and
``(ii) each of the States of North Carolina, South
Carolina, and Virginia.'';
(3) in paragraph (10) (as so redesignated), by striking
subparagraph (A) and inserting the following:
``(A) In general.--The term `qualified outer Continental
Shelf revenues' means all rentals, royalties, bonus bids, and
other sums due and payable to the United States from leases
entered into on or after--
``(i) December 20, 2006, with respect to the Gulf producing
States; and
``(ii) October 1, 2015, with respect to--
``(I) the State of Alaska; and
``(II) each of the coastal States described in paragraph
(5)(B)(ii).''; and
(4) in paragraph (11) (as so redesignated), by striking
``Gulf producing State'' each place it appears and inserting
``coastal State''.
(b) Disposition of Revenues.--Section 105 of the Gulf of
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note;
Public Law 109-432) is amended--
(1) in the section heading, by striking ``FROM 181 AREA,
181 SOUTH AREA, AND 2002-2007 PLANNING AREAS OF GULF OF
MEXICO'';
(2) by striking ``Gulf producing State'' each place it
appears (other than paragraphs (1) and (2) of subsection (b))
and inserting ``coastal State'';
[[Page S355]]
(3) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) 50 percent of qualified outer Continental Shelf
revenues in a special account in the Treasury from which the
Secretary shall disburse--
``(A) in the case of qualified outer Continental Shelf
revenues generated from outer Continental Shelf areas
adjacent to Gulf producing States--
``(i) 75 percent to Gulf producing States in accordance
with subsection (b); and
``(ii) 25 percent to provide financial assistance to States
in accordance with section 200305 of title 54, United States
Code, which shall be considered income to the Land and Water
Conservation Fund for purposes of section 200302 of that
title; and
``(B) in the case of qualified outer Continental Shelf
revenues generated from outer Continental Shelf areas
adjacent to coastal States described in section section
102(5)(B), 100 percent to the coastal States in accordance
with subsection (b).'';
(4) in subsection (b)--
(A) in the subsection heading, by striking ``Gulf Producing
States'' and inserting ``Coastal States'';
(B) by redesignating paragraph (3) as paragraph (4);
(C) by inserting after paragraph (2) the following:
``(3) Allocation among certain atlantic states and the
state of alaska for fiscal year 2016 and thereafter.--
``(A) In general.--Subject to subparagraph (B), effective
for fiscal years 2016 and each fiscal year thereafter, the
amount made available under subsection (a)(2)(B) shall be
allocated to each coastal State described in section
102(5)(B) in amounts (based on a formula established by the
Secretary by regulation) that are inversely proportional to
the respective distances between the point on the coastline
of each coastal State described in section 102(5)(B) that is
closest to the geographic center of the applicable leased
tract and the geographic center of the leased tract.
``(B) Minimum allocation.--The amount allocated to a
coastal State described in section 102(5)(B) each fiscal year
under subparagraph (A) shall be at least 10 percent of the
amounts available under subsection (a)(2)(B).''; and
(D) in paragraph (4) (as redesignated by subparagraph (B)),
by striking ``paragraphs (1) and (2)'' and inserting
``paragraphs (1), (2), and (3)''; and
(5) in subsection (f), by striking paragraph (1) and
inserting the following:
``(1) In general.--Subject to paragraph (2), the total
amount of qualified outer Continental Shelf revenues made
available to coastal States under subsection (a)(2) shall not
exceed--
``(A) in the case of the coastal States described in
section 102(5)(A)--
``(i) $500,000 for fiscal year 2016; and
``(ii) $699,000,000 for each of fiscal years 2017 through
2054;
``(B) in the case of the coastal States described in
section 102(5)(B)(ii)--
``(i) $100,000,000 for each of fiscal years 2016 though
2025; and
``(ii) $200,000,000 for each of fiscal years 2026 through
2065; and
``(C) in the case of the State of Alaska, $100,000,000 for
each of fiscal years 2016 through 2065.''.
TITLE II--OFFSET
SEC. 201. FEDERAL WORKFORCE REDUCTION.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency''--
(A) means an Executive agency, as defined under section 105
of title 5, United States Code; and
(B) does not include the Government Accountability Office.
(2) Applicable maximum.--The term ``applicable maximum''
means--
(A) in the case of a quarter before the target-attainment
quarter, the difference obtained by subtracting--
(i) the product obtained by multiplying--
(I) the number of Federal employees separating from
agencies during the period--
(aa) beginning on the first day following the baseline
quarter; and
(bb) ending on the last day of the quarter to which the
applicable maximum is being applied; by
(II) \2/3\; from
(ii) the total number of Federal employees determined for
the baseline quarter; and
(B) in the case of the target-attainment quarter and any
quarter thereafter, the number equal to 90 percent of the
total number of Federal employees as of September 30, 2014.
(3) Baseline quarter.--The term ``baseline quarter'' means
the quarter in which occurs the date of the enactment of this
Act.
(4) Federal employee.--The term ``Federal employee'' means
an employee, as defined under section 2105 of title 5, United
States Code.
(5) Quarter.--The term ``quarter'' means a period of 3
calendar months ending on March 31, June 30, September 30, or
December 31.
(6) Target-attainment quarter.--The term ``target-
attainment quarter'' means the earlier of--
(A) the first quarter occurring after the baseline quarter
for which the total number of Federal employees does not
exceed 90 percent of the total number of Federal employees as
of September 30, 2014; or
(B) the quarter ending on September 30, 2018.
(7) Total number of federal employees.--The term ``total
number of Federal employees'' means the total number of
Federal employees in all agencies.
(b) Workforce Limits and Reductions.--
(1) In general.--The President, through the Office of
Management and Budget (in consultation with the Office of
Personnel Management), shall take appropriate measures to
ensure that, effective with respect to each quarter beginning
after the date of the enactment of this Act, the total number
of Federal employees determined for such quarter does not
exceed the applicable maximum for such quarter.
(2) Method for achieving compliance.--
(A) In general.--Except as provided in subparagraph (B),
any reductions necessary in order to achieve compliance with
paragraph (1) shall be made through attrition.
(B) Exception.--If, for any quarter, the total number of
Federal employees exceeds the applicable maximum for such
quarter, until the first succeeding quarter for which such
total number is determined not to exceed the applicable
maximum for such succeeding quarter, reductions shall be made
through both attrition and a freeze on appointments.
(3) Counting rules.--For purposes of this section--
(A) any determination of the total number of Federal
employees or the number of Federal employees separating from
agencies shall be made--
(i) on a full-time equivalent basis; and
(ii) under subsection (d); and
(B) any determination of the total number of Federal
employees for a quarter shall be made as of such date or
otherwise on such basis as the Office of Management of Budget
(in consultation with the Office of Personnel Management)
considers to be representative and feasible.
(4) Waiver authority.--
(A) In general.--The President may waive any provision of
this subsection, with respect to an individual appointment,
upon a determination by the President that such appointment
is necessary due to--
(i) a state of war or for reasons of national security; or
(ii) an extraordinary emergency threatening life, health,
safety, or property.
(B) Nondelegation.--The authority under this paragraph may
not be delegated.
(c) Limitation on Procurement of Service Contracts.--The
President, through the Office of Management and Budget (in
consultation with the Office of Personnel Management), shall
take appropriate measures to ensure that there is no increase
in the procurement of service contracts by reason of the
enactment of this section, except in cases in which a cost
comparison demonstrates that such contracts would be to the
financial advantage of the Government.
(d) Monitoring and Notification.--The Office of Management
and Budget (in consultation with the Office of Personnel
Management) shall--
(1) continuously monitor all agencies and, for each quarter
to which the requirements of subsection (b)(1) apply,
determine whether or not such requirements have been met; and
(2) not later than 14 days after the end of each quarter
described in paragraph (1), submit to the President and each
House of Congress, a written determination as to whether or
not the requirements of subsection (b)(1) have been met.
(e) Regulations.--The President may promulgate any
regulations necessary to carry out this section.
SEC. 202. FEDERAL DEFICIT REDUCTION.
Any savings generated as a result of section 201 that are
not needed to offset the costs of carrying out title I
(including any amendments made by title I) shall be deposited
in the Treasury and used for Federal budget deficit reduction
or, if there is no Federal budget deficit, for reducing the
Federal debt in such manner as the Secretary of the Treasury
considers appropriate.
______
SA 81. Mr. MERKLEY submitted an amendment intended to be proposed to
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered
to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. APPLICATION.
This Act shall not apply until the date on which the
President (or a designee) determines, in consultation with
the Chief of the Forest Service and other relevant Federal
agencies, that increased greenhouse gas emissions, including
emissions from the pipeline described in section 2(a), will
not contribute to any of the following:
(1) An increased frequency of wildfires in the United
States.
(2) An increased range of wildfires in the United States.
(3) An increased severity of wildfires in the United
States.
(4) An increased prevalence or frequency of invasive pests,
including the spruce beetle, the bark beetle, and the hemlock
woolly adelgid.
______
SA 82. Mr. MERKLEY submitted an amendment intended to be proposed to
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.
[[Page S356]]
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered
to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. APPLICATION.
This Act shall not apply until the date on which the
President (or a designee) determines, in consultation with
the Secretary of Agriculture, and other relevant Federal
agencies, that increased greenhouse gas emissions, including
emissions from the pipeline described in section 2(a), will
not have a significant negative impact on farmers and
ranchers due to any of the following:
(1) An increased frequency or severity of drought in the
United States.
(2) An increased risk of invasive agricultural pests in the
United States.
(3) A decrease in available irrigation water from reduced
snowpack in the United States.
______
SA 83. Mrs. MURRAY submitted an amendment intended to be proposed to
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered
to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ENHANCED PROTECTIONS FROM RETALIATION.
(a) Applicability to Workers in the Oil and Gas Industry.--
Section 11 of the Occupational Safety and Health Act of 1970
(29 U.S.C. 660) is amended by adding at the end the
following:
``(d) Provisions Applicable to Workers in the Oil and Gas
Industry.--
``(1) In general.--No person shall discharge or cause to be
discharged, or in any manner discriminate against or cause to
be discriminated against, any employee because--
``(A) such employee has filed any complaint or instituted
or caused to be instituted any proceeding under or related to
this Act;
``(B) such employee has testified or is about to testify
before Congress or in any Federal or State proceeding related
to safety or health;
``(C) such employee has refused to violate any provision of
this Act; or
``(D) of the exercise by such employee on behalf of himself
or others of any right afforded by this Act, including the
reporting of any injury, illness, or unsafe condition to the
employer, agent of the employer, safety and health committee
involved, or employee safety and health representative
involved.
``(2) Prohibition of retaliation.--
``(A) In general.--No person shall discharge, or cause to
be discharged, or in any manner discriminate against, or
cause to be discriminated against, an employee for refusing
to perform the employee's duties if the employee has a
reasonable apprehension that performing such duties would
result in serious injury to, or serious impairment of the
health of, the employee or other employees.
``(B) Good-faith belief.--For purposes of subparagraph (A),
the circumstances causing the employee's good-faith belief
that performing such duties would pose a safety or health
hazard shall be of such a nature that a reasonable person,
under the circumstances confronting the employee, would
conclude that there is such a hazard. In order to qualify for
protection under this paragraph, the employee, when
practicable, shall have communicated or attempted to
communicate the safety or health concern to the employer and
have not received from the employer a response reasonably
calculated to allay such concern.
``(3) Complaint.--Any employee who believes that the
employee has been discharged, disciplined, or otherwise
discriminated against by any person in violation of paragraph
(1) or (2) may seek relief for such violation by filing a
complaint with the Secretary under paragraph (5).
``(4) Statute of limitations.--
``(A) In general.--An employee may take the action
permitted by paragraph (3) not later than 180 days after the
later of--
``(i) the date on which an alleged violation of paragraph
(1) or (2) occurs; or
``(ii) the date on which the employee knows or should
reasonably have known that such alleged violation occurred.
``(B) Repeat violation.--Except in cases when the employee
has been discharged, a violation of paragraph (1) or (2)
shall be considered to have occurred on the last date an
alleged repeat violation occurred.
``(5) Investigation.--
``(A) In general.--An employee may, within the time period
required under paragraph (4), file a complaint with the
Secretary alleging a violation of paragraph (1) or (2). If
the complaint alleges a prima facie case, the Secretary shall
conduct an investigation of the allegations in the complaint,
which--
``(i) shall include--
``(I) interviewing the complainant;
``(II) providing the respondent an opportunity to--
``(aa) submit to the Secretary a written response to the
complaint; and
``(bb) meet with the Secretary to present statements from
witnesses or provide evidence; and
``(III) providing the complainant an opportunity to--
``(aa) receive any statements or evidence provided to the
Secretary;
``(bb) meet with the Secretary; and
``(cc) rebut any statements or evidence; and
``(ii) may include issuing subpoenas for the purposes of
such investigation.
``(B) Decision.--Not later than 90 days after the filing of
the complaint, the Secretary shall--
``(i) determine whether reasonable cause exists to believe
that a violation of paragraph (1) or (2) has occurred; and
``(ii) issue a decision granting or denying relief.
``(6) Preliminary order following investigation.--If, after
completion of an investigation under paragraph (5)(A), the
Secretary finds reasonable cause to believe that a violation
of paragraph (1) or (2) has occurred, the Secretary shall
issue a preliminary order providing relief authorized under
paragraph (14) at the same time the Secretary issues a
decision under paragraph (5)(B). If a de novo hearing is not
requested within the time period required under paragraph
(7)(A)(i), such preliminary order shall be deemed a final
order of the Secretary and is not subject to judicial review.
``(7) Hearing.--
``(A) Request for hearing.--
``(i) In general.--A de novo hearing on the record before
an administrative law judge may be requested--
``(I) by the complainant or respondent within 30 days after
receiving notification of a decision granting or denying
relief issued under paragraph (5)(B) or paragraph (6),
respectively;
``(II) by the complainant within 30 days after the date the
complaint is dismissed without investigation by the Secretary
under paragraph (5)(A); or
``(III) by the complainant within 120 days after the date
of filing the complaint, if the Secretary has not issued a
decision under paragraph (5)(B).
``(ii) Reinstatement order.--The request for a hearing
shall not operate to stay any preliminary reinstatement order
issued under paragraph (6).
``(B) Procedures.--
``(i) In general.--A hearing requested under this paragraph
shall be conducted expeditiously and in accordance with rules
established by the Secretary for hearings conducted by
administrative law judges.
``(ii) Subpoenas; production of evidence.--In conducting
any such hearing, the administrative law judge may issue
subpoenas. The respondent or complainant may request the
issuance of subpoenas that require the deposition of, or the
attendance and testimony of, witnesses and the production of
any evidence (including any books, papers, documents, or
recordings) relating to the matter under consideration.
``(iii) Decision.--The administrative law judge shall issue
a decision not later than 90 days after the date on which a
hearing was requested under this paragraph and promptly
notify, in writing, the parties and the Secretary of such
decision, including the findings of fact and conclusions of
law. If the administrative law judge finds that a violation
of paragraph (1) or (2) has occurred, the judge shall issue
an order for relief under paragraph (14). If review under
paragraph (8) is not timely requested, such order shall be
deemed a final order of the Secretary that is not subject to
judicial review.
``(8) Administrative appeal.--
``(A) In general.--Not later than 30 days after the date of
notification of a decision and order issued by an
administrative law judge under paragraph (7), the complainant
or respondent may file, with objections, an administrative
appeal with an administrative review body designated by the
Secretary (referred to in this paragraph as the `review
board').
``(B) Standard of review.--In reviewing the decision and
order of the administrative law judge, the review board shall
affirm the decision and order if it is determined that the
factual findings set forth therein are supported by
substantial evidence and the decision and order are made in
accordance with applicable law.
``(C) Decisions.--If the review board grants an
administrative appeal, the review board shall issue a final
decision and order affirming or reversing, in whole or in
part, the decision under review by not later than 90 days
after receipt of the administrative appeal. If it is
determined that a violation of paragraph (1) or (2) has
occurred, the review board shall issue a final decision and
order providing relief authorized under paragraph (14). Such
decision and order shall constitute final agency action with
respect to the matter appealed.
``(9) Settlement in the administrative process.--
``(A) In general.--At any time before issuance of a final
order, an investigation or proceeding under this subsection
may be terminated on the basis of a settlement agreement
entered into by the parties.
``(B) Public policy considerations.--Neither the Secretary,
an administrative law judge, nor the review board conducting
a hearing under this subsection shall accept a settlement
that contains conditions conflicting with the rights
protected under this
[[Page S357]]
Act or that are contrary to public policy, including a
restriction on a complainant's right to future employment
with employers other than the specific employers named in a
complaint.
``(10) Inaction by the review board or administrative law
judge.--
``(A) In general.--The complainant may bring a de novo
action described in subparagraph (B) if--
``(i) an administrative law judge has not issued a decision
and order within the 90-day time period required under
paragraph (7)(B)(iii); or
``(ii) the review board has not issued a decision and order
within the 90-day time period required under paragraph
(8)(C).
``(B) De novo action.--Such de novo action may be brought
at law or equity in the United States district court for the
district where a violation of paragraph (1) or (2) allegedly
occurred or where the complainant resided on the date of such
alleged violation. The court shall have jurisdiction over
such action without regard to the amount in controversy and
to order appropriate relief under paragraph (14). Such action
shall, at the request of either party to such action, be
tried by the court with a jury.
``(11) Judicial review.--
``(A) Timely appeal to the court of appeals.--Any party
adversely affected or aggrieved by a final decision and order
issued under this subsection may obtain review of such
decision and order in the United States Court of Appeals for
the circuit where the violation, with respect to which such
final decision and order was issued, allegedly occurred or
where the complainant resided on the date of such alleged
violation. To obtain such review, a party shall file a
petition for review not later than 60 days after the final
decision and order was issued. Such review shall conform to
chapter 7 of title 5, United States Code. The commencement of
proceedings under this subparagraph shall not, unless ordered
by the court, operate as a stay of the final decision and
order.
``(B) Limitation on collateral attack.--An order and
decision with respect to which review may be obtained under
subparagraph (A) shall not be subject to judicial review in
any criminal or other civil proceeding.
``(12) Enforcement of order.--If a respondent fails to
comply with an order issued under this subsection, the
Secretary or the complainant on whose behalf the order was
issued may file a civil action for enforcement in the United
States district court for the district in which the violation
was found to occur to enforce such order. If both the
Secretary and the complainant file such action, the action of
the Secretary shall take precedence. The district court shall
have jurisdiction to grant all appropriate relief described
in paragraph (14).
``(13) Burdens of proof.--
``(A) Criteria for determination.--In making a
determination or adjudicating a complaint pursuant to this
subsection, the Secretary, administrative law judge, review
board, or court may determine that a violation of paragraph
(1) or (2) has occurred only if the complainant demonstrates
that any conduct described in paragraph (1) or (2) with
respect to the complainant was a contributing factor in the
adverse action alleged in the complaint.
``(B) Prohibition.--Notwithstanding subparagraph (A), a
decision or order that is favorable to the complainant shall
not be issued in any administrative or judicial action
pursuant to this subsection if the respondent demonstrates by
clear and convincing evidence that the respondent would have
taken the same adverse action in the absence of such conduct.
``(14) Relief.--
``(A) Order for relief.--If the Secretary, administrative
law judge, review board, or a court determines that a
violation of paragraph (1) or (2) has occurred, the Secretary
or court, respectively, shall have jurisdiction to order all
appropriate relief, including injunctive relief and
compensatory and exemplary damages, including--
``(i) affirmative action to abate the violation;
``(ii) reinstatement without loss of position or seniority,
and restoration of the terms, rights, conditions, and
privileges associated with the complainant's employment,
including opportunities for promotions to positions with
equivalent or better compensation for which the complainant
is qualified;
``(iii) compensatory and consequential damages sufficient
to make the complainant whole, (including back pay,
prejudgment interest, and other damages); and
``(iv) expungement of all warnings, reprimands, or
derogatory references that have been placed in paper or
electronic records or databases of any type relating to the
actions by the complainant that gave rise to the unfavorable
personnel action, and, at the complainant's direction,
transmission of a copy of the decision on the complaint to
any person whom the complainant reasonably believes may have
received such unfavorable information.
``(B) Attorneys' fees and costs.--If the Secretary or an
administrative law judge, review board, or court grants an
order for relief under subparagraph (A), the Secretary,
administrative law judge, review board, or court,
respectively, shall assess, at the request of the employee
against the employer--
``(i) reasonable attorneys' fees; and
``(ii) costs (including expert witness fees) reasonably
incurred, as determined by the Secretary, administrative law
judge, review board, or court, respectively, in connection
with bringing the complaint upon which the order was issued.
``(15) Procedural rights.--The rights and remedies
provided for in this subsection may not be waived by any
agreement, policy, form, or condition of employment,
including by any pre-dispute arbitration agreement or
collective bargaining agreement.
``(16) Savings.--Nothing in this subsection shall be
construed to diminish the rights, privileges, or remedies of
any employee who exercises rights under any Federal or State
law or common law, or under any collective bargaining
agreement.
``(17) Election of venue.--
``(A) In general.--An employee of an employer who is
located in a State that has a State plan approved under
section 18 may file a complaint alleging a violation of
paragraph (1) or (2) by such employer with--
``(i) the Secretary under paragraph (5); or
``(ii) a State plan administrator in such State.
``(B) Referrals.--If--
``(i) the Secretary receives a complaint pursuant to
subparagraph (A)(i), the Secretary shall not refer such
complaint to a State plan administrator for resolution; or
``(ii) a State plan administrator receives a complaint
pursuant to subparagraph (A)(ii), the State plan
administrator shall not refer such complaint to the Secretary
for resolution.
``(18) Definition.--For purposes of this subsection, the
term `employee' means an individual employed by--
``(A) an operator of an oil well, as described in the 2012
North American Industry Classification System code 213111;
``(B) a petrochemical manufacturing plant assigned the 2012
North American Industry Classification System code 213112,
324, or 32511; or
``(C) an entity assigned the 2012 North American Industry
Classification System code 23712 or 486.''.
(b) Relation to Enforcement.--Section 17(j) of such Act (29
U.S.C. 666(j)) is amended by inserting before the period the
following: ``, including the history of violations under
section 11(d)''.
______
SA 84. Mrs. MURRAY submitted an amendment intended to be proposed to
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered
to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REPORTING REQUIREMENT REGARDING SAFETY FOR OIL
WELLS, PETROCHEMICAL MANUFACTURING PLANTS, AND
PIPELINE CONSTRUCTION OR TRANSPORTATION
ENTITIES.
(a) In General.--Each issuer that is required to file
reports pursuant to section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) and that
is, or that has a subsidiary that is, an operator of an oil
well or an operator of a petrochemical manufacturing plant or
pipeline construction or transportation entity shall include,
in each periodic report filed with the Securities and
Exchange Commission under the securities laws on and after
the date of enactment of this Act, the following information
for the time period covered by such report:
(1) For each oil well, petrochemical manufacturing plant,
or pipeline construction or transportation entity of which
the issuer or a subsidiary of the issuer is an operator--
(A) the total number of serious violations of mandatory
health or safety standards at an oil well, a petrochemical
manufacturing plant, or a pipeline transportation or
construction entity, including health hazard violations under
section 9 of the Occupational Safety and Health Act of 1970
(29 U.S.C. 658);
(B) the total number of citations issued, including
serious, willful, and repeated violations, under such
section;
(C) the total dollar value of proposed penalties to be
applied under such Act (29 U.S.C. 651 et seq.); and
(D) the total number of oil well, petrochemical
manufacturing plant, or pipeline construction or
transportation entity related fatalities involved.
(2) A list of oil wells, petrochemical manufacturing
plants, or pipeline construction or transportation entities
of which the issuer, or a subsidiary of the issuer, is an
operator, that receive written notice from the Occupational
Safety and Health Administration of willful, serious, and
repeated violations of mandatory health or safety standards
at an oil well, a petrochemical manufacturing plant, or a
pipeline construction or transportation entity, including
safety hazards under section 9 of such Act (29 U.S.C. 658).
(3) Any pending legal action before the Occupational Safety
and Health Review Commission, established under section 12 of
such Act (29 U.S.C. 661), involving an oil well, a
petrochemical manufacturing plant, or a pipeline construction
or transportation entity.
(b) Reporting Shutdowns and Patterns of Violations.--
Beginning on the effective date of this section, each issuer
that is, or that has a subsidiary that is, an operator of
[[Page S358]]
an oil well or an operator of a petrochemical manufacturing
plant or pipeline construction or transportation entity shall
file a current report with the Securities and Exchange
Commission on Form 8-K (or any successor form) disclosing the
following with respect to each oil well, petrochemical
manufacturing plant, or pipeline construction or
transportation entity of which the issuer or subsidiary is an
operator:
(1) The receipt of a citation issued under section 9 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 658).
(2) The receipt of a citation from the Occupational Safety
and Health Administration that the oil well, petrochemical
manufacturing plant, or pipeline construction or
transportation entity has--
(A) willfully or repeatedly violated mandatory health or
safety standards at an oil well, a petrochemical
manufacturing plant, or a pipeline construction or
transportation entity under such section; or
(B) the potential to have such a pattern or willful or
repeated violations.
(c) Rule of Construction.--Nothing in this section shall be
construed to affect any obligation of a person to make a
disclosure under any other applicable law in effect before,
on, or after the effective date of this section.
(d) Commission Authority.--
(1) Enforcement.--A violation by any person of this
section, or any rule or regulation of the Securities and
Exchange Commission issued under this section, shall be
treated for all purposes in the same manner as a violation of
the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
or the rules and regulations issued thereunder, consistent
with the provisions of this section, and any such person
shall be subject to the same penalties, and to the same
extent, as for a violation of such Act or the rules or
regulations issued thereunder.
(2) Rule and regulations.--The Securities and Exchange
Commission is authorized to issue such rules or regulations
as are necessary or appropriate for the protection of
investors and to carry out the purposes of this section.
(e) Definitions.--In this section:
(1) Issuer; securities laws.--The terms ``issuer'' and
``securities laws'' have the meanings given such terms in
section 3 of the Securities Exchange Act of 1934 (15 U.S.C.
78c).
(2) Operator of an oil well.--The term ``operator of an oil
well'' means an operator as described in the 2012 North
American Industry Classification System code 213111.
(3) Petrochemical manufacturing plant.--The term
``petrochemical manufacturing plant'' means any entity
assigned the 2012 North American Industry Classification
System code 324, 213112, or 32511.
(4) Pipeline construction or transportation entity.--The
term ``pipeline construction or transportation entity'' means
an entity described in the 2012 North American Industry
Classification System code 23712 or 486.
(f) Effective Date.--This section shall take effect on the
day that is 30 days after the date of enactment of this Act.
______
SA 85. Ms. AYOTTE submitted an amendment intended to be proposed by
her to the bill S. 1, to approve the Keystone XL Pipeline; which was
ordered to lie on the table; as follows:
After section 2, insert the following:
SEC. ___. LOCAL TRANSPORTATION INFRASTRUCTURE PROGRAM.
Section 610 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking subparagraph (A) and
inserting the following:
``(A) 10 percent of the funds apportioned to the State for
each of fiscal years 2015 and 2016 under each of sections
104(b)(1), 104(b)(2), and 144; and'';
(B) in paragraph (2), by striking ``2005 through 2009'' and
inserting ``2015 and 2016'';
(C) in paragraph (3), by striking ``2005 through 2009'' and
inserting ``2015 and 2016''; and
(D) in paragraph (5), by striking ``section 133(d)(3)'' and
inserting ``section 133(d)(4)'';
(2) in subsection (h)(2)--
(A) in the first sentence, by striking ``shall'' and
inserting ``shall not''; and
(B) in the second sentence, by striking ``shall'' and
inserting ``shall not''; and
(3) in subsection (k), by striking ``2005 through 2009''
and inserting ``2015 and 2016''.
______
SA 86. Ms. AYOTTE submitted an amendment intended to be proposed to
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered
to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. AMERICAN BRIDGE FUND.
(a) American Bridge Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund to be known as the ``American Bridge
Fund'', consisting of such amounts as may be appropriated to
such fund as provided in paragraph (2).
(2) Transfers to fund.--There is hereby appropriated to the
American Bridge Fund an amount equivalent to the increase in
revenue received in the Treasury by reason of the amendments
made by subsection (b), as determined by the Secretary of the
Treasury (or the Secretary's delegate).
(3) Expenditures from fund.--Amounts in the American Bridge
Fund shall be made available by the Secretary of
Transportation for the purpose of making grants to States for
the repair or maintenance of any bridges classified as
deficient in the National Bridge Inventory, as authorized
under section 144(b) of title 23, United States Code.
(b) Social Security Number Required to Claim the Refundable
Portion of the Child Tax Credit.--
(1) In general.--Subsection (d) of section 24 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Identification requirement with respect to
taxpayer.--
``(A) In general.--Paragraph (1) shall not apply to any
taxpayer for any taxable year unless the taxpayer includes
the taxpayer's Social Security number on the return of tax
for such taxable year.
``(B) Joint returns.--In the case of a joint return, the
requirement of subparagraph (A) shall be treated as met if
the Social Security number of either spouse is included on
such return.''.
(2) Omission treated as mathematical or clerical error.--
Subparagraph (I) of section 6213(g)(2) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(I) an omission of a correct Social Security number
required under section 24(d)(5) (relating to refundable
portion of child tax credit), or a correct TIN under section
24(e) (relating to child tax credit), to be included on a
return,''.
(3) Conforming amendment.--Subsection (e) of section 24 of
the Internal Revenue Code of 1986 is amended by inserting
``With Respect to Qualifying Children'' after
``Identification Requirement'' in the heading thereof.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
SA 87. Mr. HOEVEN (for himself and Mr. Inhofe) submitted an amendment
intended to be proposed to amendment SA 2 proposed by Ms. Murkowski
(for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, Mr. Flake,
Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. Portman, Mr.
Alexander, and Mrs. Capito) to the bill S. 1, to approve the Keystone
XL Pipeline; as follows:
At the appropriate place, insert the following:
SEC. ____. SENSE OF CONGRESS ACKNOWLEDGING THE ENVIRONMENTAL
IMPACT FINDINGS OF THE KEYSTONE XL PIPELINE
PROJECT.
It is the sense of Congress that Congress is in agreement
with the following findings of the Final Supplemental
Environmental Impact Statement issued by the Secretary of
State for the Keystone XL Project (referred to in this
section as the ``FSEIS''):
(1) ``The analyses of potential impacts associated with
construction and normal operation of the proposed Project
suggest that significant impacts to most resources are not
expected along the proposed Project route'' (FSEIS page 4.16-
1, section 4.16).
(2) ``The total annual GHG [greenhouse gas] emissions
(direct and indirect) attributed to the No Action scenarios
range from 28 to 42 percent greater than for the proposed
Project'' (FSEIS page ES-34, section ES.5.4.2).
(3) ``. . . approval or denial of any one crude oil
transport project, including the proposed Project, is
unlikely to significantly impact the rate of extraction in
the oil sands or the continued demand for heavy crude oil at
refineries in the United States based on expected oil prices,
oil-sands supply costs, transport costs, and supply-demand
scenarios'' (FSEIS page ES-16, section ES.4.1.1).
SEC. __. SENSE OF THE SENATE ON ENERGY COSTS AND SUPPLIES.
It is the sense of the Senate that Congress should--
(1) reject efforts to impose economy-wide taxes, fees,
mandates, or regulations that will--
(A) increase the cost of energy for families and businesses
of the United States; or
(B) destroy jobs; and
(2) prioritize policies that encourage and enable
innovation in the United States that might lead to energy
supplies that are more abundant, affordable, clean, diverse,
and secure.
______
SA 88. Mr. LANKFORD submitted an amendment intended to be proposed by
him to the bill S. 1, to approve the Keystone XL Pipeline; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SENSE OF CONGRESS REGARDING ENERGY EXPORTS.
(a) Findings.--Congress finds that--
(1) competitive and open markets facilitate lower prices
for consumers, increase private investment, and foster
economic growth and opportunities for workers in the United
States;
[[Page S359]]
(2) technological innovations have made the United States
the largest oil and natural gas producer in the world,
creating millions of high-paying jobs in the United States
and billions in revenues to Federal and State governments;
and
(3) leveraging energy resources of the United States in the
global marketplace will provide greater energy security to
allies of the United States and increase the geopolitical
power of the United States.
(b) Sense of Congress.--It is the sense of Congress that
the United States should realize its full potential as an
energy superpower, by expanding trade of energy resources to
spur economic growth, increase jobs in the United States, and
strengthen the national security of the United States.
______
SA 89. Ms. AYOTTE submitted an amendment intended to be proposed to
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered
to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. AMERICAN BRIDGE FUND.
(a) American Bridge Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund to be known as the ``American Bridge
Fund'', consisting of such amounts as may be appropriated to
such fund as provided in paragraph (2).
(2) Transfers to fund.--There is hereby appropriated to the
American Bridge Fund an amount equivalent to the increase in
revenue received in the Treasury by reason of the amendments
made by subsection (b), as determined by the Secretary of the
Treasury (or the Secretary's delegate).
(3) Expenditures from fund.--Amounts in the American Bridge
Fund shall be made available by the Secretary of
Transportation for the purpose of making grants to States for
the repair or maintenance of any bridges classified as
deficient in the National Bridge Inventory, as authorized
under section 144(b) of title 23, United States Code.
(b) Social Security Number Required to Claim the Refundable
Portion of the Child Tax Credit.--
(1) In general.--Subsection (e) of section 24 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(e) Identification Requirement With Respect to Qualifying
Children.--
``(1) In general.--Subject to paragraph (2), no credit
shall be allowed under this section to a taxpayer with
respect to any qualifying child unless the taxpayer includes
the name and taxpayer identification number of such
qualifying child on the return of tax for the taxable year.
``(2) Refundable portion.--Subsection (d)(1) shall not
apply to any taxpayer with respect to any qualifying child
unless the taxpayer includes the name and social security
number of such qualifying child on the return of tax for the
taxable year.''.
(2) Omission treated as mathematical or clerical error.--
Subparagraph (I) of section 6213(g)(2) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(I) an omission of a correct TIN under section 24(e)(1)
(relating to child tax credit) or a correct Social Security
number required under section 24(e)(2) (relating to
refundable portion of child tax credit), to be included on a
return,''.
(c) Effective Date.--The amendments made by this subsection
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
SA 90. Mr. CASSIDY (for himself and Mr. Heller) submitted an
amendment intended to be proposed by him to the bill S. 1, to approve
the Keystone XL Pipeline; which was ordered to lie on the table; as
follows:
After section 2, insert the following:
TITLE II--ENERGY CONSUMERS RELIEF
SECTION 201. SHORT TITLE.
This title may be cited as the ``Energy Consumers Relief
Act of 2015''.
SEC. 202. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Direct costs.--The term ``direct costs'' has the
meaning given the term in chapter 8 of the report of the
Environmental Protection Agency entitled ``Guidelines for
Preparing Economic Analyses'' and dated December 17, 2010.
(3) Energy-related rule that is estimated to cost more than
$1,000,000,000.--The term ``energy-related rule that is
estimated to cost more than $1,000,000,000'' means a rule of
the Environmental Protection Agency that--
(A) regulates any aspect of the production, supply,
distribution, or use of energy or provides for such
regulation by States or other governmental entities; and
(B) is estimated by the Administrator or the Director of
the Office of Management and Budget to impose direct costs
and indirect costs, in the aggregate, of more than
$1,000,000,000.
(4) Indirect costs.--The term ``indirect costs'' has the
meaning given the term in chapter 8 of the report of the
Environmental Protection Agency entitled ``Guidelines for
Preparing Economic Analyses'' and dated December 17, 2010.
(5) Rule.--The term ``rule'' has the meaning given to the
term in section 551 of title 5, United States Code.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 203. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-
RELATED RULES THAT WILL CAUSE SIGNIFICANT
ADVERSE EFFECTS TO THE ECONOMY.
Notwithstanding any other provision of law, the
Administrator may not promulgate as final an energy-related
rule that is estimated to cost more than $1,000,000,000 if
the Secretary determines under section 204(b)(3) that the
rule will cause significant adverse effects to the economy.
SEC. 204. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS
FINAL CERTAIN ENERGY-RELATED RULES.
(a) In General.--Before promulgating as final any energy-
related rule that is estimated to cost more than
$1,000,000,000, the Administrator shall carry out the
requirements of subsection (b).
(b) Requirements.--
(1) Report to congress.--The Administrator shall submit to
Congress and the Secretary a report containing--
(A) a copy of the rule;
(B) a concise general statement relating to the rule;
(C) an estimate of the total costs of the rule, including
the direct costs and indirect costs of the rule;
(D)(i) an estimate of the total benefits of the rule and
when such benefits are expected to be realized;
(ii) a description of the modeling, the calculations, the
assumptions, and the limitations due to uncertainty,
speculation, or lack of information associated with the
estimates under this subparagraph; and
(iii) a certification that all data and documents relied
upon by the Environmental Protection Agency in developing the
estimates--
(I) have been preserved; and
(II) are available for review by the public on the Web site
of the Environmental Protection Agency, except to the extent
to which publication of the data and documents would
constitute disclosure of confidential information in
violation of applicable Federal law;
(E) an estimate of the increases in energy prices,
including potential increases in gasoline or electricity
prices for consumers, that may result from implementation or
enforcement of the rule; and
(F) a detailed description of the employment effects,
including potential job losses and shifts in employment, that
may result from implementation or enforcement of the rule.
(2) Initial determination on increases and impacts.--The
Secretary, in consultation with the Federal Energy Regulatory
Commission and the Administrator of the Energy Information
Administration, shall prepare an independent analysis to
determine whether the rule will cause any--
(A) increase in energy prices for consumers, including low-
income households, small businesses, and manufacturers;
(B) impact on fuel diversity of the electricity generation
portfolio of the United States or on national, regional, or
local electric reliability;
(C) adverse effect on energy supply, distribution, or use
due to the economic or technical infeasibility of
implementing the rule; or
(D) other adverse effect on energy supply, distribution, or
use, including a shortfall in supply and increased use of
foreign supplies.
(3) Subsequent determination on adverse effects to the
economy.--If the Secretary determines under paragraph (2)
that the rule will cause an increase, impact, or effect
described in that paragraph, the Secretary, in consultation
with the Administrator, the Secretary of Commerce, the
Secretary of Labor, and the Administrator of the Small
Business Administration, shall--
(A) determine whether the rule will cause significant
adverse effects to the economy, taking into consideration--
(i) the costs and benefits of the rule and limitations in
calculating the costs and benefits due to uncertainty,
speculation, or lack of information; and
(ii) the positive and negative impacts of the rule on
economic indicators, including those related to gross
domestic product, unemployment, wages, consumer prices, and
business and manufacturing activity; and
(B) publish the results of the determination made under
subparagraph (A) in the Federal Register.
SEC. 205. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN
ANALYSIS.
(a) Definition of Social Cost of Carbon.--In this section,
the term ``social cost of carbon'' means--
(1) the social cost of carbon as described in the technical
support document entitled ``Technical Support Document:
Technical Update of the Social Cost of Carbon for Regulatory
Impact Analysis Under Executive Order 12866'', published by
the Interagency Working Group on Social Cost of Carbon,
United States Government, in May 2013 (or any successor or
substantially related document); or
[[Page S360]]
(2) any other estimate of the monetized damages associated
with an incremental increase in carbon dioxide emissions in a
given year.
(b) Prohibition on Use of Social Cost of Carbon in
Analysis.--Notwithstanding any other provision of law or any
Executive order, the Administrator may not use the social
cost of carbon to incorporate social benefits of reducing
carbon dioxide emissions, or for any other reason, in any
cost-benefit analysis relating to an energy-related rule that
is estimated to cost more than $1,000,000,000 unless a
Federal law is enacted authorizing the use.
______
SA 91. Mr. HELLER submitted an amendment intended to be proposed by
him to the bill S. 1, to approve the Keystone XL Pipeline; which was
ordered to lie on the table; as follows:
After section 2, insert the following:
SEC. __. REVIEW OF CERTAIN FEDERAL REGISTER NOTICES.
If, by the date that is 45 days after the date on which a
State Bureau of Land Management office has submitted a
Federal Register notice to the Washington, DC, office of the
Bureau of Land Management for Department of the Interior
review, the review has not been completed--
(1) the notice shall consider to be approved; and
(2) the State Bureau of Land Management office shall
immediately forward the notice to the Federal Register for
publication.
______
SA 92. Mr. BURR (for himself, Ms. Ayotte, and Mr. Bennet) submitted
an amendment intended to be proposed by him to the bill S. 1, to
approve the Keystone XL Pipeline; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SEC. __. PERMANENT REAUTHORIZATION OF LAND AND WATER
CONSERVATION FUND.
(a) In General.--Section 200302 of title 54, United States
Code, is amended --
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``During the period ending September 30,
2015, there'' and inserting ``There''; and
(2) in subsection (c)(1), by striking ``through September
30, 2015''.
(b) Public Access.--Section 200306 of title 54, United
States Code, is amended by adding at the end the following:
``(c) Public Access.--Not less than 1.5 percent of amounts
made available for expenditure in any fiscal year under
section 200303 shall be used for projects that secure
recreational public access to existing Federal public land
for hunting, fishing, and other recreational purposes.''.
______
SA 93. Mr. MERKLEY submitted an amendment intended to be proposed to
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to
the bill S. 1, supra; which was ordered to lie on the table, as
follows:
At the end, add the following:
DIVISION--__REBUILDING AMERICA'S INFRASTRUCTURE
SECTION 1. SHORT TITLE.
This division may be cited as the ``Rebuilding America's
Infrastructure Act of 2015''.
TITLE I--REPEAL OF OIL AND GAS SUBSIDIES
Subtitle A--Close Big Oil Tax Loopholes
SEC. 101. MODIFICATIONS OF FOREIGN TAX CREDIT RULES
APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES
WHICH ARE DUAL CAPACITY TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (n) as
subsection (o) and by inserting after subsection (m) the
following new subsection:
``(n) Special Rules Relating to Major Integrated Oil
Companies Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a major integrated oil company (within the
meaning of section 167(h)(5)) to a foreign country or
possession of the United States for any period shall not be
considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable income tax,
or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity taxpayer pursuant to
the generally applicable income tax imposed by the country or
possession, or
``(ii) would be paid if the generally applicable income tax
imposed by the country or possession were applicable to such
dual capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the
amount determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or possession,
and
``(B) receives (or will receive) directly or indirectly a
specific economic benefit (as determined in accordance with
regulations) from such country or possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable income
tax' means an income tax (or a series of income taxes) which
is generally imposed under the laws of a foreign country or
possession on income derived from the conduct of a trade or
business within such country or possession.
``(B) Exceptions.--Such term shall not include a tax unless
it has substantial application, by its terms and in practice,
to--
``(i) persons who are not dual capacity taxpayers, and
``(ii) persons who are citizens or residents of the foreign
country or possession.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning
after the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary
to any treaty obligation of the United States.
SEC. 102. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO
OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.
(a) Denial of Deduction.--Paragraph (4) of section 199(c)
of the Internal Revenue Code of 1986 is amended by adding at
the end the following new subparagraph:
``(E) Special rule for certain oil and gas income.--In the
case of any taxpayer who is a major integrated oil company
(within the meaning of section 167(h)(5)) for the taxable
year, the term `domestic production gross receipts' shall not
include gross receipts from the production, refining,
processing, transportation, or distribution of oil, gas, or
any primary product (within the meaning of subsection (d)(9))
thereof.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2015.
SEC. 103. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS; AMORTIZATION OF DISALLOWED
AMOUNTS.
(a) In General.--Section 263(c) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(c) Intangible Drilling and Development Costs in the Case
of Oil and Gas Wells and Geothermal Wells.--
``(1) In general.--Notwithstanding subsection (a), and
except as provided in subsection (i), regulations shall be
prescribed by the Secretary under this subtitle corresponding
to the regulations which granted the option to deduct as
expenses intangible drilling and development costs in the
case of oil and gas wells and which were recognized and
approved by the Congress in House Concurrent Resolution 50,
Seventy-ninth Congress. Such regulations shall also grant the
option to deduct as expenses intangible drilling and
development costs in the case of wells drilled for any
geothermal deposit (as defined in section 613(e)(2)) to the
same extent and in the same manner as such expenses are
deductible in the case of oil and gas wells. This subsection
shall not apply with respect to any costs to which any
deduction is allowed under section 59(e) or 291.
``(2) Exclusion.--
``(A) In general.--This subsection shall not apply to
amounts paid or incurred by a taxpayer in any taxable year in
which such taxpayer is a major integrated oil company (within
the meaning of section 167(h)(5)).
``(B) Amortization of amounts not allowable as deductions
under subparagraph (a).--The amount not allowable as a
deduction for any taxable year by reason of subparagraph (A)
shall be allowable as a deduction ratably over the 60-month
period beginning with the month in which the costs are paid
or incurred. For purposes of section 1254, any deduction
under this subparagraph shall be treated as a deduction under
this subsection.''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts paid or incurred in taxable years
beginning after December 31, 2015.
SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR
OIL AND GAS WELLS.
(a) In General.--Section 613A of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Application With Respect to Major Integrated Oil
Companies.--In the case of any taxable year in which the
taxpayer is a major integrated oil company (within the
meaning of section 167(h)(5)), the allowance for percentage
depletion shall be zero.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2015.
SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.
(a) In General.--Section 193 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(d) Application With Respect to Major Integrated Oil
Companies.--
``(1) In general.--This section shall not apply to amounts
paid or incurred by a taxpayer in any taxable year in which
such taxpayer is a major integrated oil company (within the
meaning of section 167(h)(5)).
[[Page S361]]
``(2) Amortization of amounts not allowable as deductions
under paragraph (1).--The amount not allowable as a deduction
for any taxable year by reason of paragraph (1) shall be
allowable as a deduction ratably over the 60-month period
beginning with the month in which the costs are paid or
incurred.''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts paid or incurred in taxable years
beginning after December 31, 2015.
SEC. 106. MODIFICATION OF DEFINITION OF MAJOR INTEGRATED OIL
COMPANY.
(a) In General.--Paragraph (5) of section 167(h) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(C) Certain successors in interest.--For purposes of this
paragraph, the term `major integrated oil company' includes
any successor in interest of a company that was described in
subparagraph (B) in any taxable year, if such successor
controls more than 50 percent of the crude oil production or
natural gas production of such company.''.
(b) Conforming Amendments.--
(1) In general.--Subparagraph (B) of section 167(h)(5) of
the Internal Revenue Code of 1986 is amended by inserting
``except as provided in subparagraph (C),'' after ``For
purposes of this paragraph,''.
(2) Taxable years tested.--Clause (iii) of section
167(h)(5)(B) of such Code is amended--
(A) by striking ``does not apply by reason of paragraph (4)
of section 613A(d)'' and inserting ``did not apply by reason
of paragraph (4) of section 613A(d) for any taxable year
after 2004'', and
(B) by striking ``does not apply'' in subclause (II) and
inserting ``did not apply for the taxable year''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2015.
Subtitle B--Outer Continental Shelf Oil and Natural Gas
SEC. 111. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND
DEEP GAS ROYALTY RELIEF.
(a) In General.--Sections 344 and 345 of the Energy Policy
Act of 2005 (42 U.S.C. 15904, 15905) are repealed.
(b) Administration.--The Secretary of the Interior shall
not be required to provide for royalty relief in the lease
sale terms beginning with the first lease sale held on or
after the date of enactment of this Act for which a final
notice of sale has not been published.
TITLE II--INFRASTRUCTURE FUNDING
SEC. 201. INFRASTRUCTURE FUNDING.
(a) In General.--
(1) Transfers.--Not later than 90 days after the date of
enactment of this Act, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer an amount equal to the net amount of any savings
realized as a result of the enactment of this Act and the
amendments made by this Act (after any expenditures
authorized by this Act and the amendments made by this Act)--
(A) in accordance with subsections (b) and (c); and
(B) in the case of any additional savings after the
application of such subsections, into the Highway Trust Fund
in the following manner:
(i) 75 percent of such additional savings shall be
transferred into the Highway Trust Fund (other than the Mass
Transit Account).
(ii) 25 percent of such additional savings shall be
transferred into the Mass Transit Account.
(2) Conforming amendment to the internal revenue code.--
Subsection (f) of section 9503 of the Internal Revenue Code
of 1986 is amended by redesignating paragraph (7) as
paragraph (8) and by inserting after paragraph (6) the
following new paragraph:
``(7) 2015 increase.--Out of money in the Treasury not
otherwise appropriated, there is hereby appropriated to the
Highway Account (as defined in subsection (e)(5)(B)) and the
Mass Transit Account in the Highway Trust Fund amounts equal
to the amounts determined under section 201(a)(1)(B) of the
Rebuilding America's Infrastructure Act of 2015.''.
(b) Water Infrastructure Innovative Financing Pilot
Projects.--Out of any funds of the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary of the Army and the Administrator of the
Environmental Protection Agency jointly, $2,000,000,000 to
carry out the Water Infrastructure Finance and Innovation Act
of 2014 (33 U.S.C. 3901 et seq.) through 2019.
(c) TIGER Discretionary Grants.--
(1) Definition of tiger discretionary grant.--In this
section, the term ``TIGER discretionary grant'' means a grant
awarded and administered by the Secretary of Transportation
using funds made available for--
(A) supplemental discretionary grants for a national
surface transportation system under title XII of division A
of the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5; 123 Stat. 203);
(B) the national infrastructure investments discretionary
grant program under title I of division A of the Consolidated
Appropriations Act, 2010 (Public Law 111-17; 123 Stat. 3035);
(C) national infrastructure investments under section 2202
of division B of the Department of Defense and Full-Year
Continuing Appropriations Act, 2011 (Public Law 112-10; 125
Stat. 191);
(D) national infrastructure investments under title I of
division C of the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 641);
(E) national infrastructure investments under title VIII of
division F of the Consolidated and Further Continuing
Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 432);
(F) national infrastructure investments under title I of
division L of the Consolidated Appropriations Act, 2014
(Public Law 113-76; 128 Stat. 574); or
(G) national infrastructure investments under title I of
division K of the Consolidated and Further Continuing
Appropriations Act, 2015 (Public Law 113-235).
(2) Appropriation.--Out of any funds of the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary of Transportation, $2,000,000,000
to provide TIGER discretionary grants for fiscal year 2016.
(d) Maintenance of Funding.--The funding provided under
this section shall supplement (and not supplant) other
Federal funding for the programs and accounts funded under
this section.
SEC. 202. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
TITLE III--STATE REVOLVING FUNDS
SEC. 301. STATE WATER POLLUTION CONTROL REVOLVING FUNDS.
Out of any funds of the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Administrator of the Environmental Protection Agency,
$1,500,000,000 for State water pollution control revolving
funds established in accordance with title VI of the Federal
Water Pollution Control Act (33 U.S.C. 1381 et seq.).
SEC. 302. STATE DRINKING WATER TREATMENT REVOLVING LOAN
FUNDS.
Out of any funds of the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Administrator of the Environmental Protection Agency,
$1,000,000,000 for State drinking water treatment revolving
loan funds established in accordance with section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12).
TITLE IV--MISCELLANEOUS
SEC. 401. ENFORCEMENT OF DISCRETIONARY SPENDING LIMITS.
The Office of Management and Budget shall not include
amounts made available under subsections (b) or (c) of
section 201 or title III during a fiscal year in determining
whether there has been a breach of the discretionary spending
limits under the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900 et seq.) during the fiscal
year.
______
SA 94. (Ms. HEITKAMP (for herself, Mr. Donnelly, Mr. Casey, Mr.
Carper, Mr. Manchin, and Mr. Coons) submitted an amendment to be
proposed by her to the bill S. 1, supra; which was ordered to lie on
the table, as follows:
At the appropriate place, insert the following:
SEC. __. SENSE OF SENATE REGARDING RENEWABLE ENERGY AND
CARBON CAPTURE RESEARCH.
(a) Findings.--The Senate finds that--
(1) the energy policy of the United States is based on an
all-of-the-above approach to production sources;
(2) an all-of-the-above approach reduces dependence on
foreign oil, increases national security, and creates jobs;
(3) smart research investments are critical to increase the
energy independence of the United States, combat climate
change, reduce emissions, and create jobs;
(4) Department of Energy funding for research and
development for renewable energy is not currently adequate;
and
(5) research regarding carbon capture use and sequestration
has decreased almost 30 percent since fiscal year 2012.
(b) Sense of Senate.--It is the sense of the Senate that
research and development and loan and grant program funding
for renewable energy and carbon capture systems should be
increased in order to reduce United States emissions, combat
climate change, provide energy security, and maintain energy
diversity.
______
SA 95. Ms. HEITKAMP (for herself, Mr. Donnelly, and Mr. Coons)
submitted an amendment intended to be proposed to amendment SA 2
proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr.
Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr.
Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1,
supra; which was ordered to lie on the table, as follows:
At the appropriate place, insert the following:
SEC. 3. 5-YEAR EXTENSION OF CREDITS WITH RESPECT TO
FACILITIES PRODUCING ENERGY FROM CERTAIN
RENEWABLE RESOURCES.
(a) In General.--The following provisions of section 45(d)
of the Internal Revenue Code
[[Page S362]]
of 1986 are each amended by striking ``January 1, 2015'' each
place it appears and inserting ``January 1, 2020'':
(1) Paragraph (1).
(2) Paragraph (2)(A).
(3) Paragraph (3)(A).
(4) Paragraph (4)(B).
(5) Paragraph (6).
(6) Paragraph (7).
(7) Paragraph (9).
(8) Paragraph (11)(B).
(b) Extension of Election to Treat Qualified Facilities as
Energy Property.--Clause (ii) of section 48(a)(5)(C) is
amended by striking ``January 1, 2015'' and inserting
``January 1, 2020''.
(c) Effective Dates.--The amendments made by this section
shall take effect on January 1, 2015.
______
SA 96. Ms. HEITKAMP submitted an amendment to be proposed by her to
the bill S.1, supra; which was ordered to lie on the table, as follows:
At the appropriate place, insert the following:
SEC. __. STUDY ON RESOURCES REQUIRED TO ENSURE SAFE
TRANSPORTATION BY PIPELINE AND RAIL OF
PETROLEUM PRODUCTS.
(a) Study Required.--
(1) In general.--The Secretary of Transportation and the
Administrator of Pipeline and Hazardous Materials Safety
Administration (PHMSA) shall conduct a study on the resources
necessary to ensure the safe transportation of crude oil,
petroleum products, natural gas, natural gas liquids, and
related products, including by rail and pipeline. The study
shall focus on the following priorities:
(A) Ensuring the safe transportation of crude oil,
petroleum products, natural gas, natural gas liquids, and
related products by rail and pipeline.
(B) Ensuring PHMSA has the necessary personnel and other
resources, including access to new and emerging technologies,
to properly monitor and regulate the transportation of crude
oil, petroleum products, natural gas, natural gas liquids,
and related products by rail and pipeline.
(2) Scope.--The study required under this subsection shall
include the following elements:
(A) An examination of the current and projected resources
and personnel at the Department of Transportation and PHMSA
that are or will be dedicated to regulating, monitoring, and
ensuring the overall safe transportation of crude oil,
petroleum products, natural gas, natural gas liquids, and
related products by rail and pipeline.
(B) A determination of the appropriate manpower personnel,
resources, and funding requirements for all Department and
Administration elements that do or are expected to play a
significant role in regulating, monitoring, and ensuring the
overall safe transportation of crude oil, petroleum products,
natural gas, natural gas liquids, and related products by
rail and pipeline.
(C) An assessment and description of the personnel,
resources, and funding needs for each State, and a
description of the State, local, and tribal resources and
personnel that are dedicated to performing the tasks
described in subparagraph (B).
(D) The development and use of technology for each of the
Department and Administration elements involved in
regulating, monitoring, or otherwise ensuring the overall
safe transportation of crude oil, petroleum products, natural
gas, natural gas liquids, and related products by rail and
pipeline, including whether the elements need additional
technological assets and how best to acquire needed
additional technological assets.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 2 years thereafter, the
Secretary of Transportation and the PHMSA Administrator, in
conjunction with the heads of other Federal agencies, as
appropriate, shall submit to the appropriate congressional
committees a report on the study conducted under subsection
(a).
(2) Content.--The report required under paragraph (1) shall
include the following elements:
(A) The findings of the study conducted under subsection
(a).
(B) Input from other Federal agencies that have any
significant role in the safe transportation of crude oil,
petroleum products, natural gas, natural gas liquids, and
related products by rail and pipeline.
(C) A description of any impending changes to regulations
or policy that may have an effect on personnel, resources, or
funding or that would otherwise impact the ability of the
Department and the Administration to meet the basic standards
necessary to properly monitor and regulate the transportation
of crude oil, petroleum products, natural gas, natural gas
liquids, and related products by rail and pipeline.
(D) Recommendations for enhancing safety for the transport
of crude oil, petroleum products, natural gas, natural gas
liquids, and related products by rail and pipeline, and what
resources, personnel, and funding would be required to
implement such recommendations.
(E) An explanation of why the Department or the
Administration is not already implementing any of such
recommendations.
(F) Recommendations for additional legislation necessary to
implement recommendations contained in the report.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Commerce, Science, and Transportation,
the Committee on Homeland Security and Governmental Affairs,
the Committee on Energy and Natural Resources, the Committee
on Finance, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Energy and Commerce, the Committee on
Natural Resources, the Committee on Homeland Security, the
Committee on Ways and Means, and the Committee on
Appropriations of the House of Representatives.
SEC. __. RAILROAD AND PIPELINE EMERGENCY SERVICES
PREPAREDNESS, OPERATIONAL NEEDS, AND SAFETY
EVALUATION SUBCOMMITTEE.
Section 508 of the Homeland Security Act of 2002 (6 U.S.C.
318) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Railroad and Pipeline Emergency Services
Preparedness, Operational Needs, and Safety Evaluation
Subcommittee.--
``(1) Establishment.--Not later than 30 days after the date
of the enactment of the Keystone XL Pipeline Approval Act,
the Administrator shall establish, as a subcommittee of the
National Advisory Council, the Railroad and Pipeline
Emergency Services Preparedness, Operational Needs, and
Safety Evaluation Subcommittee (referred to in this
subsection as the `Subcommittee').
``(2) Membership.--Notwithstanding subsection (c), the
Subcommittee shall be composed of the following:
``(A) The Deputy Administrator for Protection and National
Preparedness of the Federal Emergency Management Agency, or
designee.
``(B) The Director of the Office of Emergency
Communications of the Department of Homeland Security, or
designee.
``(C) The Director for the Office of Railroad, Pipeline and
Hazardous Materials Investigations of the National
Transportation Safety Board, or designee, only in an advisory
capacity.
``(D) The Associate Administrator for Railroad Safety of
the Federal Railroad Administration, or designee.
``(E) The Assistant Administrator for Security Policy and
Industry Engagement of the Transportation Security
Administration, or designee.
``(F) The Assistant Commandant for Response Policy of the
Coast Guard, or designee.
``(G) The Assistant Administrator for the Office of Solid
Waste and Emergency Response of the Environmental Protection
Agency, or designee.
``(H) The Associate Administrator for Hazardous Materials
Safety of the Pipeline and Hazardous Materials Safety
Administration, or designee.
``(I) The Chief Safety Officer and Assistant Administrator
of the Federal Motor Carrier Safety Administration, or
designee.
``(J) The Director of the Office of Energy Infrastructure
Security of the Federal Energy Regulatory Commission, or
designee.
``(K) Such other qualified individuals as the Administrator
shall appoint as soon as practicable after the date of the
enactment of the Keystone XL Pipeline Approval Act from among
the following:
``(i) Members of the National Advisory Council that have
the requisite technical knowledge and expertise to address
rail and pipeline emergency response issues, including
members from the following disciplines:
``(I) Emergency management and emergency response
providers, including fire service, law enforcement, hazardous
materials response, and emergency medical services.
``(II) State, local, and tribal government officials with
expertise in preparedness, protection, response, recovery,
and mitigation, including Adjutants General.
``(III) Elected State, local, and tribal government
executives.
``(IV) Such other individuals as the Administrator
determines to be appropriate.
``(ii) Individuals who have the requisite technical
knowledge and expertise to serve on the Subcommittee,
including representatives of--
``(I) the rail industry;
``(II) the pipeline industry;
``(III) the oil industry;
``(IV) the communications industry;
``(V) emergency response providers, including individuals
nominated by national organizations representing local
governments and personnel;
``(VI) representatives from national Indian organizations;
``(VII) technical experts; and
``(VIII) vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for emergency
responder services.
``(iii) Representatives of such other stakeholders and
interested and affected parties as the Administrator
considers appropriate.
``(3) Chairperson.--The Deputy Administrator for Protection
and National Preparedness shall serve as the Chairperson of
the Subcommittee, or designee.
``(4) Meetings.--
``(A) Initial meeting.--The initial meeting of the
Subcommittee shall take place not later than 90 days after
the date of the enactment of the Keystone XL Pipeline
Approval Act.
[[Page S363]]
``(B) Other meetings.--After the initial meeting, the
Subcommittee shall meet at least twice annually, with at
least 1 meeting conducted in person during the first year, at
the call of the Chairperson.
``(5) Consultation with nonmembers.--The Subcommittee and
the program offices for emergency responder training and
resources shall consult with other relevant agencies and
groups, including entities engaged in Federally funded
research and academic institutions engaged in relevant work
and research, which are not represented on the Subcommittee
to consider new and developing technologies and methods that
may be beneficial to preparedness and response to rail and
pipeline incidents.
``(6) Recommendations.--The Subcommittee shall develop
recommendations, for improving emergency responder training
and resource allocation, including the following:
``(A) Quality and application of training for local
emergency first responders related to rail and pipeline
hazardous materials incidents, with a particular focus on
local emergency responders and small communities near
railroads and pipelines, including the following:
``(i) Ease of access to relevant training for local
emergency first responders, including an analysis of--
``(I) the number of individuals being trained;
``(II) the number of individuals who are applying;
``(III) whether current demand is being met;
``(IV) current challenges; and
``(V) projected needs.
``(ii) Modernization of course content related to rail and
pipeline hazardous materials incidents, with a particular
focus on response to the exponential rise in oil shipments by
rail.
``(iii) Training content across agencies and the private
sector to provide complementary opportunities for rail and
pipeline hazardous materials incidents courses and materials
to avoid overlap, including the following:
``(I) Overlap of course content among agencies.
``(II) The need for integrated course content through
public-private partnerships.
``(III) Regular and ongoing evaluation of course
opportunities, adaptation to emerging trends, agency and
private sector outreach, effectiveness and ease of access for
local emergency responders.
``(iv) Online training platforms, train-the-trainer and
mobile training options.
``(B) Effectiveness of funding levels related to training
local emergency responders for rail and pipeline hazardous
materials incidents, with a particular focus on local
emergency responders and small communities, including the
following:
``(i) Minimizing overlap in resource allocation among
agencies.
``(ii) Minimizing overlap in resource allocation among
agencies and private sector.
``(iii) Maximizing public-private partnerships where
funding gaps exists for specific training or cost-saving
measures can be implemented to increase training
opportunities.
``(iv) Adaptation of priority settings for agency funding
allocations in response to emerging trends.
``(v) Historic levels of funding across agencies and
private sector for rail and pipeline hazardous materials
incidents.
``(vi) Current funding resources across agencies for rail
and pipeline hazardous materials incidents.
``(C) Strategy for integration of commodity flow studies,
mapping, and access platforms for local emergency responders
and how to increase the rate of access to the individual
responder in existing or emerging communications technology.
``(D) The need for emergency response plans for rail,
similar to existing law related to maritime and stationary
facility emergency response plans for hazardous materials,
including the following:
``(i) The requirements of such emergency plans on each
train and the format and availability of such emergency plans
to emergency responders in communities through which the
materials travel.
``(ii) How the industry would implement such plans.
``(iii) The thresholds that require emergency plans for
each train related to hazardous materials in its cargo.
``(iv) Gaps in existing regulations across agencies.
``(E) The need for a rail and pipeline hazardous materials
incident database, including the following:
``(i) An assessment of the appropriate entity to host the
database.
``(ii) A definition of `rail hazardous materials incident'
and `pipeline hazardous materials incident' that would
constitute the level of reporting from the industry.
``(iii) The projected cost of such a database and how that
database would be maintained and enforced.
``(F) Increasing access to relevant, useful, and timely
information for the local emergency responder for training
purposes and in the event of a rail or pipeline hazardous
materials incident, including the following:
``(i) Existing information that the emergency responder can
access, what the current rate of access and usefulness is for
the emergency responder, and what current information should
remain and what should be reassessed.
``(ii) Utilization of existing technology in the hands of
the first responder to maximize delivery of useful and timely
information for training purposes or in the event of an
incident.
``(iii) Assessment of emerging communications technology
that could assist the emergency responder in the event of an
incident.
``(G) Determination of the most appropriate agencies and
offices for the implementation of the recommendations,
including--
``(i) recommendations that can be implemented without
congressional action and appropriate time frames for such
actions; and
``(ii) recommendations that would require congressional
action.
``(7) Report.--
``(A) In general.--Not later than 1 year after the date of
the enactment of the Keystone XL Pipeline Approval Act, the
Subcommittee shall submit a report containing the
recommendations developed under paragraph (6) to the National
Advisory Council.
``(B) Review.--The National Advisory Council shall take up
the Subcommittee's report within 30 days for review and
deliberation. The National Advisory Council may ask for
additional clarification, changes, or other information from
the Subcommittee to assist in the approval of the
recommendations.
``(C) Recommendation.--Once the National Advisory Council
approves the recommendations from the Subcommittee, the
National Advisory Council shall submit the report to--
``(i) the Administrator;
``(ii) the head of each agency represented on the
Subcommittee;
``(iii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(iv) the Committee on Homeland Security of the House of
Representatives;
``(v) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(vi) the Committees on Appropriations of the Senate and
the House of Representatives.
``(8) Interim activity.--
``(A) Updates and oversight.--After the submission of the
report by the National Advisory Council under paragraph (7),
the Administrator shall--
``(i) provide quarterly updates to the congressional
committees referred to in paragraph (7) regarding the status
of the implementation of the recommendations developed under
paragraph (6); and
``(ii) coordinate the implementation of the recommendations
described in paragraph (6)(G)(i).
``(B) Additional reports.--After submitting the report
required under paragraph (7), the Subcommittee shall submit
additional reports and recommendations in the same manner and
to the same entities identified in paragraph (7) if needed or
requested from Congress or from the Administrator.
``(9) Termination.--
``(A) In general.--Except as provided in subparagraph (B),
the Subcommittee shall terminate not later than 4 years after
the date of the enactment of the Keystone XL Pipeline
Approval Act.
``(B) Extension.--The Administrator may extend the duration
of the Subcommittee, in 1-year increments, if the
Administrator determines that additional reports and
recommendations are needed from the Subcommittee after the
termination date set forth in subparagraph (A).''.
______
SA 97. Ms. HEITKAMP submitted an amendment to be proposed by her to
the bill S.1, supra; which was ordered to lie on the table, as follows:
At the appropriate place, insert the following:
SEC. _. INDIAN ENERGY OFFICE.
Section 2602(a) of the Energy Policy Act of 1992 (25 U.S.C.
3502(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Indian energy regulatory office.--
``(A) Establishment.--To assist the Secretary in carrying
out the Program, the Secretary shall establish within the
office of the Deputy Secretary an Indian Energy Regulatory
Office (referred to in this paragraph as the `Office'), to be
located in Denver, Colorado.
``(B) Existing resources.--The Office shall use the
existing resources of the Division of Energy and Mineral
Development of the Office of Indian Energy and Economic
Development.
``(C) Director.--The Office shall be led by a Director who
shall--
``(i) be compensated at a rate equal to that of level IV of
the Executive Schedule under section 5315 of title 5, United
States Code; and
``(ii) report directly to the Deputy Secretary.
``(D) Functions.--The Office shall serve as a new Regional
Office within the Bureau of Indian Affairs, which an energy-
producing Indian tribe may select to replace the existing
Regional Office of the Indian tribe--
``(i) notwithstanding any other law, to oversee,
coordinate, process and approve all Federal leases,
easements, rights-of-way, permits, policies, environmental
reviews, and any other authorities related to energy
development on Indian land;
``(ii)(I) to support review and evaluation by Agency
Offices of the Bureau of Indian Affairs and Indian tribes
of--
[[Page S364]]
``(aa) energy proposals, permits, mineral leases, and
rights-of-way; and
``(bb) Mineral Agreements entered into under section 3 of
the Indian Mineral Development Act of 1982 (25 U.S.C. 2102)
for final approval; and
``(II) to conduct environmental reviews and surface
monitoring for the activities described in items (aa) and
(bb) of subclause (I);
``(iii) to review and prepare Applications for Permits to
Drill, communitization agreements, and well spacing proposals
for approval;
``(iv) to provide production monitoring, inspection, and
enforcement;
``(v) to oversee drainage issues;
``(vi) to provide energy-related technical assistance and
financial management training to Agency Offices of the Bureau
of Indian Affairs and Indian tribes;
``(vii) to develop best practices in the area of Indian
energy development, including standardizing energy
development processes, procedures, and forms among Agency and
Regional Offices of the Bureau of Indian Affairs;
``(viii) to minimize delays and obstacles to Indian energy
development; and
``(ix) to provide technical assistance to Indian tribes in
the areas of energy-related engineering, environmental
analysis, management, and oversight of energy development,
assessment of energy development resources, proposals and
financing, and development of conventional and renewable
energy resources.
``(E) Relationship to bureau of indian affairs regional and
agency offices.--
``(i) In general.--The Office shall have the authority to
review and approve all energy-related matters for Indian
tribes that select to use the Office under subparagraph (D),
without subsequent or duplicative review and approval by
other Agency or Regional Offices of the Bureau of Indian
Affairs or other agencies of the Department of the Interior.
``(ii) Non-energy related matters.--Nothing in this
paragraph affects the authority or duty of Regional Offices
of the Bureau of Indian Affairs to oversee, support, and
provide approvals for non-energy related matters.
``(iii) Regional and local services.--Nothing in this
paragraph affects the authority or duty of Agency Offices of
the Bureau of Indian Affairs and State and Field Offices of
the Bureau of Land Management to provide regional and local
services related to Indian energy development, including
local realty functions, on-site evaluations and inspections,
direct services as requested by Indian tribes and individual
Indians, and any other local functions related to energy
development on Indian land.
``(iv) Technical assistance.--The Office shall provide
technical assistance and support to the Bureau of Indian
Affairs and the Bureau of Land Management in all areas
related to energy development on Indian land.
``(F) Designation of interior staff.--
``(i) In general.--The Secretary shall designate and
transfer to the Office existing staff and resources from--
``(I) the Division of Energy and Mineral Development of the
Office of Indian Energy and Economic Development and other
applicable offices of the Bureau of Indian Affairs;
``(II) the Bureau of Land Management;
``(III) the Office of Valuation Services;
``(IV) the Office of Natural Resources Revenue;
``(V) the United States Fish and Wildlife Service;
``(VI) the Office of Special Trustee;
``(VII) the Office of the Solicitor;
``(VIII) the Office of Surface Mining, including mining
engineering and minerals realty specialists; and
``(IX) any other agency or office of the Department of the
Interior involved in energy development on Indian land.
``(ii) Functions.--Staff and resources transferred under
clause (i) shall provide for--
``(I) review, processing, and approval of permits and
regulatory matters under--
``(aa) the Act of February 5, 1948 (commonly known as the
`Indian Right-of-Way Act') (25 U.S.C. 323 et seq.);
``(bb) the Act of May 11, 1938 (commonly known as the
`Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et
seq.);
``(cc) the first section of the Act of August 9, 1955 (25
U.S.C. 415);
``(dd) the Indian Mineral Development Act of 1982 (25
U.S.C. 2101 et seq.);
``(ee) this title;
``(ff) the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et seq.);
``(gg) part 162 of title 25, Code of Federal Regulations
(relating to leases and permits) (or successor regulations);
and
``(hh) part 169 of title 25, Code of Federal Regulations
(relating to rights-of-way over Indian lands) (or successor
regulations); and
``(II) consultations and preparation of biological opinions
under section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536);
``(III) preparation of environmental impact statements or
similar analyses required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
``(IV) technical assistance and training for various forms
of energy development on Indian land.
``(G) Management of indian land.--The Director shall ensure
that--
``(i) all environmental reviews and permitting decisions--
``(I) comply with the unique legal relationship between the
United States and Indian tribal governments (as set forth in
the Constitution of the United States, treaties, statutes,
Executive orders, and court decisions); and
``(II) are exercised in a manner that promotes tribal
authority over Indian land, consistent with the policy of the
Federal Government supporting Indian self-determination; and
``(ii) Indian land shall not be--
``(I) considered to be Federal public land or part of the
public domain; or
``(II) be managed in accordance with Federal public land
laws and policies.
``(H) Indian self-determination.--Programs and services
operated by the Office shall be provided pursuant to
contracts and grants awarded under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
``(I) Transfer of funds.--
``(i) In general.--To fund the Office for a period not to
exceed 2 years, the Secretary shall transfer such funds as
are necessary from the annual budgets of--
``(I) the Bureau of Indian Affairs;
``(II) the United States Fish and Wildlife Service;
``(III) the Bureau Land Management;
``(IV) the Office of Surface Mining;
``(V) the Office of Natural Resources Revenue; and
``(VI) the Office of Mineral Valuation.
``(ii) Base budget.--At the end of the period described in
clause (i), the combined total of the funds transferred under
that clause shall serve as the base budget for the Office.
``(J) Appropriations offset.--All fees generated from
Applications for Permits to Drill, inspection, nonproducing
acreage, or any other fees related to energy development on
Indian land--
``(i) shall, beginning on the date the Office is opened, be
transferred to the budget of the Office; and
``(ii) may be used to advance or fulfill any of the stated
duties and purposes of the Office.
``(K) Report.--The Office shall--
``(i) keep detailed records documenting the activities of
the Office; and
``(ii) annually submit to Congress a report detailing--
``(I) the number and type of Federal approvals granted;
``(II) the time taken to process each type of application;
``(III) the need for additional similar offices to be
located in other regions; and
``(IV) proposed changes in existing law to facilitate the
development of energy resources on Indian land and improve
oversight of energy development on Indian land.
``(L) Coordination with additional federal agencies.--Not
later than 1 year after establishing the Office, the
Secretary shall enter into a memorandum of understanding to
coordinate and streamline energy-related permits with--
``(i) the Administrator of the Environmental Protection
Agency;
``(ii) the Assistant Secretary of the Army for Civil Works;
and
``(iii) the Secretary of Agriculture.''.
______
SA 98. Ms. MURKOWSKI submitted an amendment to be proposed by her to
the bill S.1, supra; which was ordered to lie on the table, as follows:
At the appropriate place, insert the following:
SEC. ___. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) President Obama has committed $3,000,000,000 from the
United States to the Green Climate Fund of the United Nations
Framework Convention on Climate Change;
(2) any payments the United States ultimately makes to the
Green Climate Fund will be redistributed to finance
adaptation and mitigation efforts in developing countries
that are parties to the Convention;
(3) none of the eligible developing country parties to the
Convention is an Arctic nation;
(4) the residents of the Arctic, many of whom represent
vibrant indigenous and traditional cultures, too often face
social and economic challenges that rival those in developing
countries;
(5) despite the fact that the United States is an Arctic
nation, President Obama has made no similar effort to provide
financial assistance to the residents of the United States
Arctic region, even though many of those communities have
opportunities for adaptation projects;
(6) similar opportunities for adaptation projects exist
across rural communities in the United States;
(7) the United States should prioritize adaptation projects
in the United States Arctic region and rural communities
before allocating any taxpayer dollars to the Green Climate
Fund; and
(8) to the extent that Congress appropriates any taxpayer
dollars for adaptation, those funds should first be applied
to known and anticipated adaptation needs of communities
within the United States.
[[Page S365]]
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