[Pages S1661-S1669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. BOOKER:
S. 797. A bill to amend the Railroad Revitalization and Regulatory
Reform

[[Page S1662]]

Act of 1976, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
Mr. BOOKER. Mr. President, our Nation faces an infrastructure
investment crisis across the board, but one aspect of our
infrastructure that has been particularly neglected by the Federal
Government is rail. While the Nation's large freight rail carriers are
able to invest in infrastructure with their own funds, the
infrastructure used by passenger and many smaller freight railroads is
deteriorating at an alarming rate. We need to be doing more to repair
and modernize these tracks, roadbeds, bridges, tunnels, and train cars.
Nowhere is the investment crisis more pressing than in New Jersey,
where a set of tunnels constructed under the Hudson River in 1910--
badly damaged by Hurricane Sandy--must either be replaced or shut down
sometime over the next two decades. The shutdown scenario is
unacceptable to the economy of not only my State, but the entire
northeast region, if not the country.
Amtrak has a plan, known as the Gateway Program, to replace these
tunnels, as well as the century old Portal Bridge. Executing the
Gateway Program will take a significant funding commitment from the
Federal Government, and I stand ready to fight for that funding. But,
given the significant upfront cost, and the long-term benefits and
revenue potential, it makes sense to explore financing opportunities in
addition to funding.
The Federal Government already has an established financing program
in the Railroad Rehabilitation and Improvement Financing Program, or
RRIF. However, the RRIF program is fraught with limitations,
particularly in its ability to finance fixed infrastructure projects
like a bridge or tunnel. The program is significantly underutilized,
especially relative to other Federal financing programs.
That is why I am introducing the Railroad Infrastructure Financing
Improvement Act. This bill would incorporate into RRIF the policies
that make other Federal loan programs more successful. For instance, it
will establish new creditworthiness criteria focused on the merits of
the project, increase repayment flexibility, help leverage private
financing opportunities, speed up the process of applying for and
receiving a loan, and improve access to the program particularly for
smaller applicants.
The bill is meant to start a conversation about the tools we
currently have available for investing in rail infrastructure, and the
improvements we can make to start getting critical projects like the
Gateway Program off the ground. I look forward to working with my
colleagues and rail stakeholders to build upon this proposal and move
forward on a comprehensive passenger rail reauthorization bill.
______

By Mr. McCONNELL (for himself and Mr. Casey):
S. 799. A bill to combat the rise of prenatal opioid abuse and
neonatal abstinence syndrome; to the Committee on Health, Education,
Labor, and Pensions.
Mr. McCONNELL. Mr. President, next month I look forward to hosting
our Nation's newest drug czar at a forum in Covington, KY. It is a
forum that will allow Director Bottecelli to hear firsthand accounts of
the devastating impact of one of America's most significant public
health challenges and one that continues to hit my State particularly
hard--the growing epidemic of prescription drug and heroin abuse.
It is hard to overstate the challenge. Drug overdoses, largely driven
by pain killers, now claim more Kentucky lives than car accidents, and
rising heroin overdose rates now account for nearly one-third of all
drug overdose deaths in Kentucky.
While statistics such as these are devastating enough, they hardly
paint the full picture because they don't account for the thousands of
innocent children born dependent on opioids. The numbers are hard to
hear. Nationwide we have seen a staggering 300-percent increase in the
number of infants diagnosed with newborn withdrawal since 2000. But in
Kentucky, we saw similar numbers grow by an almost unbelievable 3,000
percent.
It is a tragic challenge, and I say that especially as a father of
three daughters. But it is a challenge we can do something about. If
Washington enacts the bipartisan Protecting Our Infants Act that I am
introducing today, along with Senator Casey of Pennsylvania, it is a
challenge we will do something about.
This bipartisan bill will do a number of important things. It will
direct the Secretary of Health and Human Services to develop
recommendations both for preventing prenatal opioid abuse and treating
infants dependent on opioids. It would direct the Secretary to help
develop a strategy to address research and program gaps--a step
recommended by GAO in one of their reports released last month--and it
would encourage the Director of the CDC to work with States to help
improve surveillance and data collection activities in this area.
Obviously, no piece of legislation would ever solve the challenge
overnight, but the bipartisan Protect Our Infants Act can help move the
country in the right direction. That is why it is supported by the
March of Dimes, the American Academy of Pediatrics, the American
Congress of Obstetricians and Gynecologists. That is why an identical
bill will also be introduced in the House today by Congresswoman
Katherine Clark of Massachusetts and Congressman Steve Stivers of Ohio.
I commend these Representatives and Senator Casey for their
leadership on this issue. I look forward to working with them to
advance this important measure through Congress, and I look forward to
discussing it with Director Botticelli during his visit to Kentucky in
the next few weeks.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 799

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Protecting Our Infants Act
of 2015''.

SEC. 2. FINDINGS.

Congress finds as follows:
(1) Opioid prescription rates have risen dramatically over
the past several years. According to the Centers for Disease
Control and Prevention, in some States, there are as many as
96 to 143 prescriptions for opioids per 100 adults per year.
(2) In recent years, there has been a steady rise in the
number of overdose deaths involving heroin. According to the
Centers for Disease Control and Prevention, the death rate
for heroin overdose doubled from 2010 to 2012.
(3) At the same time, there has been an increase in cases
of neonatal abstinence syndrome (referred to in this section
as ``NAS''). In the United States, the incidence of NAS has
risen from 1.20 per 1,000 hospital births in 2000 to 3.39 per
1,000 hospital births in 2009.
(4) NAS refers to medical issues associated with drug
withdrawal in newborns due to exposure to opioids or other
drugs in utero.
(5) The average cost of treatment in a hospital for NAS
increased from $39,400 in 2000 to $53,400 in 2009. Most of
these costs are born by the Medicaid program.
(6) Preventing opioid abuse among pregnant women and women
of childbearing age is crucial.
(7) Medically-appropriate opioid use in pregnancy is not
uncommon, and opioids are often the safest and most
appropriate treatment for moderate to severe pain for
pregnant women.
(8) Addressing NAS effectively requires a focus on women of
childbearing age, pregnant women, and infants from
preconception through early childhood.
(9) NAS can result from the use of prescription drugs as
prescribed for medical reasons, from the abuse of
prescription drugs, or from the use of illegal opioids like
heroin.
(10) For pregnant women who are abusing opioids, it is most
appropriate to treat and manage maternal substance use in a
non-punitive manner.
(11) According to a report of the Government Accountability
Office (referred to in this section as the ``GAO report''),
more research is needed to optimize the identification and
treatment of babies with NAS and to better understand long-
term impacts on children.
(12) According to the GAO report, the Department of Health
and Human Services does not have a focal point to lead
planning and coordinating efforts to address prenatal opioid
use and NAS across the department.
(13) According to the GAO report, ``given the increasing
use of heroin and abuse of opioids prescribed for pain
management, as well as the increased rate of NAS in the
United States, it is important to improve the efficiency and
effectiveness of planning and coordination of Federal efforts
on prenatal opioid use and NAS''.

[[Page S1663]]

SEC. 3. DEVELOPING RECOMMENDATIONS FOR PREVENTING AND
TREATING PRENATAL OPIOID ABUSE AND NEONATAL
ABSTINENCE SYNDROME.

(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), acting
through the Director of the Agency for Healthcare Research
and Quality (referred to in this section as the
``Director''), shall conduct a study and develop
recommendations for preventing and treating prenatal opioid
abuse and neonatal abstinence syndrome, soliciting input from
nongovernmental entities, including organizations
representing patients, health care providers, hospitals,
other treatment facilities, and other entities, as
appropriate.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Director shall publish on the
Internet Web site of the Agency for Healthcare Research and
Quality a report on the study and recommendations under
subsection (a). Such report shall address each of the issues
described in paragraphs (1) through (3) of subsection (c).
(c) Contents.--The study described in subsection (a) and
the report under subsection (b) shall include--
(1) a comprehensive assessment of existing research with
respect to the prevention, identification, treatment, and
long-term outcomes of neonatal abstinence syndrome, including
the identification and treatment of pregnant women or women
who may become pregnant who use opioids or other drugs;
(2) an evaluation of--
(A) the causes of and risk factors for opioid use disorders
among women of reproductive age, including pregnant women;
(B) the barriers to identifying and treating opioid use
disorders among women of reproductive age, including pregnant
and postpartum women and women with young children;
(C) current practices in the health care system to respond
to and treat pregnant women with opioid use disorders and
infants born with neonatal abstinence syndrome;
(D) medically indicated use of opioids during pregnancy;
(E) access to treatment for opioid use disorders in
pregnant and postpartum women; and
(F) access to treatment for infants with neonatal
abstinence syndrome; and
(3) recommendations on--
(A) preventing, identifying, and treating neonatal
abstinence syndrome in infants;
(B) treating pregnant women who are dependent on opioids;
and
(C) preventing opioid dependence among women of
reproductive age, including pregnant women, who may be at
risk of developing opioid dependence.

SEC. 4. IMPROVING PREVENTION AND TREATMENT FOR PRENATAL
OPIOID ABUSE AND NEONATAL ABSTINENCE SYNDROME.

(a) Review of Programs.--The Secretary shall lead a review
of planning and coordination within the Department of Health
and Human Services related to prenatal opioid use and
neonatal abstinence syndrome.
(b) Strategy to Close Gaps in Research and Programming.--In
carrying out subsection (a), the Secretary shall develop a
strategy to address research and program gaps, including such
gaps identified in findings made by reports of the Government
Accountability Office. Such strategy shall address--
(1) gaps in research, including with respect to--
(A) the most appropriate treatment of pregnant women with
opioid use disorders;
(B) the most appropriate treatment and management of
infants with neonatal abstinence syndrome; and
(C) the long-term effects of prenatal opioid exposure on
children; and
(2) gaps in programs, including--
(A) the availability of treatment programs for pregnant and
postpartum women and for newborns with neonatal abstinence
syndrome; and
(B) guidance and coordination in Federal efforts to address
prenatal opioid use or neonatal abstinence syndrome.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the findings of the review
described in subsection (a) and the strategy developed under
subsection (b).

SEC. 5. IMPROVING DATA ON AND PUBLIC HEALTH RESPONSE TO
NEONATAL ABSTINENCE SYNDROME.

(a) Data and Surveillance.--The Director of the Centers for
Disease Control and Prevention shall, as appropriate--
(1) provide technical assistance to States to improve the
availability and quality of data collection and surveillance
activities regarding neonatal abstinence syndrome,
including--
(A) the incidence and prevalence of neonatal abstinence
syndrome;
(B) the identification of causes for neonatal abstinence
syndrome, including new and emerging trends; and
(C) the demographics and other relevant information
associated with neonatal abstinence syndrome;
(2) collect available surveillance data described in
paragraph (1) from States, as applicable; and
(3) make surveillance data collected pursuant to paragraph
(2) publically available on an appropriate Internet Web site.
(b) Public Health Response.--The Director of the Centers
for Disease Control and Prevention shall encourage increased
utilization of effective public health measures to reduce
neonatal abstinence syndrome.
______

By Ms. COLLINS (for herself and Mrs. Shaheen):
S. 804. A bill to amend title XVIII of the Social Security Act to
specify coverage of continuous glucose monitoring devices, and for
other purposes; to the Committee on Finance.
Ms. COLLINS. Mr. President, as the founder and the cochair of the
Senate Diabetes Caucus, I have learned much about this devastating
disease affecting nearly 29 million Americans. Fortunately, due to the
Special Diabetes Program and to increased investments in diabetes
research, we have seen some exciting breakthroughs and we are on the
threshold of a number of important new discoveries.
This is particularly true for the estimated 1.2 million Americans
living with type 1 diabetes. Advances in technology such as continuous
glucose monitors are helping patients control their blood glucose
levels, which is key to preventing costly and sometimes deadly diabetes
complications. We are moving closer and closer to our goal of an
artificial pancreas.
The National Institutes of Health and the Food and Drug
Administration have been extremely supportive of these innovations in
diabetes care. I was, therefore, shocked and troubled to learn that
insulin-dependent Medicare beneficiaries are being denied coverage for
continuous glucose monitors because the Centers for Medicare and
Medicaid Services has determined that they do not meet the definition
for durable medical equipment and do not fall under any other Medicare
category. As a consequence, we are seeing situations similar to what we
saw with insulin pumps in the late 1990s, where individuals with type 1
diabetes have had coverage for their continuous glucose monitors on
their private insurance, only to lose that coverage when they get old
enough to become eligible for Medicare.
Let me give some brief background. A continuous glucose monitor is a
physician-prescribed, FDA-approved medical device that can provide
real-time readings and data about trends in glucose levels every 5
minutes, thus enabling someone with insulin-dependent diabetes to eat
or take insulin and prevent dangerously high or low glucose levels.
There has been essential and extensive clinical evidence that shows
that individuals using this device have improved overall glucose
control and, thus, reduced rates of hypoglycemia or low blood glucose
levels. That is why professional medical societies have recognized the
clinical evidence and have published guidelines recommending that these
monitors be used in appropriate patients with type 1 diabetes.
Now, here is the fact that is astonishing to me. About 95 percent of
commercial insurers provide coverage for continuous glucose monitors,
but Medicare is refusing to provide coverage for those devices. I
recently heard about this problem from one of my constituents, 74-year-
old Prudence Barry of Portland, ME. Diabetes treatments have changed
dramatically since Pru was diagnosed with type 1 diabetes back in 1954.
Back then, it was very difficult for her to control her insulin levels
and to get her glucose levels properly read. Well, Pru has led an
active and fulfilling life. Living with type 1 diabetes for more than
60 years has taken its toll.
Today, Pru no longer feels it when her blood glucose levels drop to
dangerous levels, causing her to lose consciousness and suffer seizures
more frequently. Nighttime low sugars are particularly troubling. She
fears the possibility of her blood sugar developing so low during the
night that she never wakes up. The continuous glucose monitor is a
potential lifesaver for Pru because it prevents these dangerously high
or low blood glucose levels by alarming the wearer when the glucose
levels fall outside of the safe range.
So even though 95 percent of private insurers cover this technology,
Medicare does not. As a consequence, Pru does not have access to the
potentially lifesaving device because she cannot afford to pay for it
out of pocket. Pru is not alone. There are thousands of seniors with
type 1 diabetes who like my constituent are denied access to this

[[Page S1664]]

technology that would help keep them healthy and safe.
The ironic thing is it is only because of advances in diabetes care,
such as continuous glucose monitors, that people with type 1 diabetes
can expect to live long enough to become Medicare beneficiaries. So I
am very concerned about this decision by CMS. It makes absolutely no
sense. It contradicts all the work NIH and the FDA are doing to get new
innovative treatments and technologies to patients.
I brought this up in a recent hearing of the HELP Committee and asked
the outgoing FDA Commissioner what she thought. She expressed her
regret about the lack of consultation between her agency and CMS about
payments for FDA-approved devices and drugs. I am particularly
concerned given the implications that this coverage decision will have
for future decisions regarding artificial pancreas systems, which will
combine a continuous glucose monitor, insulin pump, and sophisticated
algorithm to control high and low blood sugar around the clock.

This coverage decision on the part of CMS--which, after all, is also
part of the Department of Health and Human Services--directly
counteracts all of the work that the NIH and the FDA are doing to get
new innovative treatments and technologies to patients. As I said, I
recently had the opportunity at a HELP Committee hearing to ask
outgoing FDA Commissioner Hamburg whether CMS consults with her agency
when making these kinds of coverage decisions. In response to my
question, Commissioner Hamburg expressed regret that her agency does
not routinely consult with CMS about payments for FDA-approved drugs
and devices, saying that the FDA should ``look at the whole ecosystem
of biomedical product development and use, and recognize that each of
the different components that often operate in silos actually are very
interdependent.'' I completely agree with her assessment.
I am therefore joining my colleague from New Hampshire and the Co-
Chair of the Senate Diabetes Caucus in introducing the Medicare CGM
Access Act of 2014 to create a separate benefit category under Medicare
for the continuous glucose monitor and require coverage of the device
for individuals meeting specified medical criteria.
Our legislation is strongly supported by a coalition of
organizations, including the American Association of Clinical
Endocrinologists, the American Association of Diabetes Educators, the
Endocrine Society and the JDRF.
I encourage my colleagues to join us as cosponsors of this important
legislation.
I see Senator Leahy has come to the floor and undoubtedly wants to
speak on the pending business. Let me conclude my remarks by saying I
am very pleased the Senator from New Hampshire, Jeanne Shaheen, who is
the cochair of the Senate Diabetes Caucus, is joining me in introducing
the Medicare CGM Access Act to create a separate benefit category under
Medicare for these monitors and to require coverage of the device for
seniors who are meeting specified medical criteria.
Mr. President, I ask unanimous consent that a letter of endorsement
be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

March 15, 2015.
Hon. Susan Collins,
U.S. Senate, Dirksen Senate Office Building,
Washington, DC.
Hon. Jeanne Shaheen,
U.S. Senate, Hart Senate Office Building,
Washington, DC.
Dear Senators Collins and Shaheen, Therapy innovation is
moving forward at a rapid pace for those living with insulin-
dependent diabetes. As leaders of the Senate Diabetes Caucus,
you have worked to catalyze these efforts by ensuring
American patients have access to these life-saving
technologies that can transform quality of life. Advancements
in integrated insulin pump and continuous glucose monitoring
(CGM) technologies are progressing toward closed-loop
``artificial pancreas'' systems that will enable greater
patient care and improved health outcomes. With these
technology advancements, thankfully, most children with type
1 diabetes will be Medicare beneficiaries one day, something
that could not have been said with such certainty even 20
years ago.
While thousands of people with insulin-dependent diabetes
benefit from advanced diabetes technologies, including CGM,
Medicare beneficiaries do not. CGM is covered by nearly all
private health plans. Numerous studies have demonstrated
conclusively that use of CGMs improves glucose control,
enabling better patient care, thereby improving patient
health. Studies have also shown that use of CGM devices
reduce severe hypoglycemia events, which particularly impact
elderly patients and can lead to falls, fractures and other
complications. The average cost of an inpatient hypoglycemia
admission is over $17,500.
The undersigned organizations strongly support your
legislation, the Medicare CGM Access Act that would remedy
this disparity for those in Medicare. Your legislation
creates a new benefit category for FDA approved CGM devices,
including stand-alone CGM, CGM integrated with an insulin
pump, and future artificial pancreas device systems. This
therapy would be covered for those meeting appropriate
medical criteria consistent with private coverage and
professional clinical guidelines. Again, thank you for your
continued leadership on behalf of those with diabetes and we
look forward to working with you to move this legislation
forward quickly.
American Association of Clinical Endocrinologists (AACE);
American Association of Diabetes Educators (AADE);
Dexcom; Endocrine Society; JDRF; Johnson & Johnson;
Medtronic.
______

By Mr. WYDEN (for himself and Mr. Merkley):
S. 814. A bill to provide for the conveyance of certain Federal land
in the State of Oregon to the Confederated Tribes of Coos, Lower
Umpqua, and Siuslaw Indians; to the Committee on Energy and Natural
Resources.
Mr. WYDEN. Mr. President, today I rise to introduce five unique
Oregon tribal bills S. 814, S. 815, S. 816, S. 817, and S. 818, that
each deliver on promises made to the tribes long ago. By introducing
these bills today I am renewing my commitment to the five Oregon tribes
who will benefit greatly from passage of these bills--the Confederated
Tribes of the Coos, Lower Umpqua, and Siuslaw Indians, the Coquille
Indian Tribe, the Cow Creek Band of Umpqua Tribe of Indians, the
Confederated Tribes of Siletz Indians, and the Confederated Tribes of
Grand Ronde.
For the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw
Indians and the Cow Creek Band of Umpqua Tribe of Indians, their bills
put land into trust, the last two remaining federally-recognized Indian
tribes in Oregon without a land base. The third bill amends the
Restoration Act of the Coquille Indian Tribe to make forest management
activities on tribal lands uniform with the management of other tribal
forests. The final two bills streamline the Bureau of Indian Affairs
process for putting land into trust for the Confederated Tribes of
Siletz Indians and the Confederated Tribes of Grand Ronde. These five
unique bills honor and respect tribal sovereignty and support each
tribe's right to be self-sufficient, build their economies, and support
and provide for their communities. I am pleased to be joined on these
bills by my colleague Senator Merkley and look forward to working with
our Senate and House colleagues to advance the bills and to finally
send them to the President's desk.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 814

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Oregon Coastal Land Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Confederated tribes.--The term ``Confederated Tribes''
means the Confederated Tribes of Coos, Lower Umpqua, and
Siuslaw Indians.
(2) Oregon coastal land.--The term ``Oregon Coastal land''
means the approximately 14,408 acres of land, as generally
depicted on the map entitled ``Oregon Coastal Land
Conveyance'' and dated March 27, 2013.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 3. CONVEYANCE.

(a) In General.--Subject to valid existing rights,
including rights-of-way, all right, title, and interest of
the United States in and to the Oregon Coastal land,
including any improvements located on the land, appurtenances
to the land, and minerals on or in the land, including oil
and gas, shall be--
(1) held in trust by the United States for the benefit of
the Confederated Tribes; and

[[Page S1665]]

(2) part of the reservation of the Confederated Tribes.
(b) Survey.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete a survey
of the boundary lines to establish the boundaries of the land
taken into trust under subsection (a).

SEC. 4. MAP AND LEGAL DESCRIPTION.

(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the Oregon Coastal land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed
under subsection (a) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct any clerical or typographical errors in the map or
legal description.
(c) Public Availability.--The map and legal description
filed under subsection (a) shall be on file and available for
public inspection in the Office of the Secretary.

SEC. 5. ADMINISTRATION.

(a) In General.--Unless expressly provided in this Act,
nothing in this Act affects any right or claim of the
Confederated Tribes existing on the date of enactment of this
Act to any land or interest in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed
logs that are harvested from the Oregon Coastal land taken
into trust under section 3.
(2) Non-permissible use of land.--Any real property taken
into trust under section 3 shall not be eligible, or used,
for any gaming activity carried out under Public Law 100-497
(25 U.S.C. 2701 et seq.).
(c) Laws Applicable to Commercial Forestry Activity.--Any
commercial forestry activity that is carried out on the
Oregon Coastal land taken into trust under section 3 shall be
managed in accordance with all applicable Federal laws.
(d) Agreements.--The Confederated Tribes shall consult with
the Secretary and other parties as necessary to develop
agreements to provide for access to the Oregon Coastal land
taken into trust under section 3 that provide for--
(1) honoring existing reciprocal right-of-way agreements;
(2) administrative access by the Bureau of Land Management;
and
(3) management of the Oregon Coastal land that are acquired
or developed under chapter 2003 of title 54, United States
Code, consistent with section 200305(f)(3) of title 54,
United States Code.
(e) Land Use Planning Requirements.--Except as provided in
subsection (c), once the Oregon Coastal land is taken into
trust under section 3, the land shall not be subject to the
land use planning requirements of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of
August 28, 1937 (43 U.S.C. 1181a et seq.).

SEC. 6. LAND RECLASSIFICATION.

(a) Identification of Oregon and California Railroad Grant
Land.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Agriculture and the Secretary
shall identify any Oregon and California Railroad grant land
that is held in trust by the United States for the benefit of
the Confederated Tribes under section 3.
(b) Identification of Public Domain Land.--Not later than
18 months after the date of enactment of this Act, the
Secretary shall identify public domain land in the State of
Oregon that--
(1) is approximately equal in acreage and condition as the
Oregon and California Railroad grant land identified under
subsection (a); and
(2) is located in the vicinity of the Oregon and California
Railroad grant land.
(c) Maps.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
and publish in the Federal Register 1 or more maps depicting
the land identified in subsections (a) and (b).
(d) Reclassification.--
(1) In general.--After providing an opportunity for public
comment, the Secretary shall reclassify the land identified
in subsection (b) as Oregon and California Railroad grant
land.
(2) Applicability.--The Act of August 28, 1937 (43 U.S.C.
1181a et seq.), shall apply to land reclassified as Oregon
and California Railroad grant land under paragraph (1).
______

By Mr. WYDEN (for himself and Mr. Merkley):
S. 815. A bill to provide for the conveyance of certain Federal land
in the State of Oregon to the Cow Creek Band of Umpqua Tribe of
Indians; to the Committee on Energy and Natural Resources.
Mr. WYDEN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 815

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Cow Creek Umpqua Land
Conveyance Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Council creek land.--The term ``Council Creek land''
means the approximately 17,519 acres of land, as generally
depicted on the map entitled ``Canyon Mountain Land
Conveyance'' and dated June 27, 2013.
(2) Tribe.--The term ``Tribe'' means the Cow Creek Band of
Umpqua Tribe of Indians.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 3. CONVEYANCE.

(a) In General.--Subject to valid existing rights,
including rights-of-way, all right, title, and interest of
the United States in and to the Council Creek land, including
any improvements located on the land, appurtenances to the
land, and minerals on or in the land, including oil and gas,
shall be--
(1) held in trust by the United States for the benefit of
the Tribe; and
(2) part of the reservation of the Tribe.
(b) Survey.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete a survey
of the boundary lines to establish the boundaries of the land
taken into trust under subsection (a).

SEC. 4. MAP AND LEGAL DESCRIPTION.

(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the Council Creek land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed
under subsection (a) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct any clerical or typographical errors in the map or
legal description.
(c) Public Availability.--The map and legal description
filed under subsection (a) shall be on file and available for
public inspection in the Office of the Secretary.

SEC. 5. ADMINISTRATION.

(a) In General.--Unless expressly provided in this Act,
nothing in this Act affects any right or claim of the Tribe
existing on the date of enactment of this Act to any land or
interest in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed
logs that are harvested from the Council Creek land.
(2) Non-permissible use of land.--Any real property taken
into trust under section 3 shall not be eligible, or used,
for any gaming activity carried out under Public Law 100-497
(25 U.S.C. 2701 et seq.).
(c) Forest Management.--Any forest management activity that
is carried out on the Council Creek land shall be managed in
accordance with all applicable Federal laws.

SEC. 6. LAND RECLASSIFICATION.

(a) Identification of Oregon and California Railroad Grant
Land.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Agriculture and the Secretary
shall identify any Oregon and California Railroad grant land
that is held in trust by the United States for the benefit of
the Tribe under section 3.
(b) Identification of Public Domain Land.--Not later than
18 months after the date of enactment of this Act, the
Secretary shall identify public domain land in the State of
Oregon that--
(1) is approximately equal in acreage and condition as the
Oregon and California Railroad grant land identified under
subsection (a); and
(2) is located in the vicinity of the Oregon and California
Railroad grant land.
(c) Maps.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
and publish in the Federal Register 1 or more maps depicting
the land identified in subsections (a) and (b).
(d) Reclassification.--
(1) In general.--After providing an opportunity for public
comment, the Secretary shall reclassify the land identified
in subsection (b) as Oregon and California Railroad grant
land.
(2) Applicability.--The Act of August 28, 1937 (43 U.S.C.
1181a et seq.), shall apply to land reclassified as Oregon
and California Railroad grant land under paragraph (1).
______

By Mr. WYDEN (for himself and Mr. Merkley):
S. 816. A bill to amend the Coquille Restoration Act to clarify
certain provisions relating to the management of the Coquille Forest;
to the Committee on Energy and Natural Resources.
Mr. WYDEN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 816

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. AMENDMENTS TO COQUILLE RESTORATION ACT.

Section 5(d) of the Coquille Restoration Act (25 U.S.C.
715c(d)) is amended--
(1) by striking paragraph (5) and inserting the following:

[[Page S1666]]

``(5) Management.--
``(A) In general.--Subject to subparagraph (B), the
Secretary, acting through the Assistant Secretary for Indian
Affairs, shall manage the Coquille Forest in accordance with
the laws pertaining to the management of Indian trust land.
``(B) Administration.--
``(i) Unprocessed logs.--Unprocessed logs harvested from
the Coquille Forest shall be subject to the same Federal
statutory restrictions on export to foreign nations that
apply to unprocessed logs harvested from Federal land.
``(ii) Sales of timber.--Notwithstanding any other
provision of law, all sales of timber from land subject to
this subsection shall be advertised, offered, and awarded
according to competitive bidding practices, with sales being
awarded to the highest responsible bidder.'';
(2) by striking paragraph (9); and
(3) by redesignating paragraphs (10) through (12) as
paragraphs (9) through (11), respectively.
______

By Mr. WYDEN (for himself and Mr. Merkley):
S. 817. A bill to provide for the addition of certain real property
to the reservation of the Siletz Tribe in the State of Oregon; to the
Committee on Indian Affairs.
Mr. WYDEN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 817

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. PURPOSE; CLARIFICATION.

(a) Purpose.--The purpose of this Act is to facilitate fee-
to-trust applications for the Siletz Tribe within the
geographic area specified in the amendment made by this Act.
(b) Clarification.--Except as specifically provided
otherwise by this Act or the amendment made by this Act,
nothing in this Act or the amendment made by this Act, shall
prioritize for any purpose the claims of any federally-
recognized Indian tribe over the claims of any other
federally-recognized Indian tribe.

SEC. 2. TREATMENT OF CERTAIN PROPERTY OF THE SILETZ TRIBE OF
THE STATE OF OREGON.

Section 7 of the Siletz Tribe Indian Restoration Act (25
U.S.C. 711e) is amended by adding at the end the following:
``(f) Treatment of Certain Property.--
``(1) In general.--
``(A) Title.--The Secretary may accept title to any
additional number of acres of real property located within
the boundaries of the original 1855 Siletz Coast Reservation
established by Executive Order dated November 9, 1855,
comprised of land within the political boundaries of Benton,
Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties in
the State of Oregon, if that real property is conveyed or
otherwise transferred to the United States by or on behalf of
the tribe.
``(B) Trust.--Land to which title is accepted by the
Secretary under this paragraph shall be held in trust by the
United States for the benefit of the tribe.
``(2) Treatment as part of reservation.--All real property
that is taken into trust under paragraph (1) shall--
``(A) be considered and evaluated as an on-reservation
acquisition under part 151.10 of title 25, Code of Federal
Regulations (or successor regulations); and
``(B) become part of the reservation of the tribe.
``(3) Prohibition on gaming.--Any real property taken into
trust under paragraph (1) shall not be eligible, or used, for
any gaming activity carried out under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.).''.
______

By Mr. WYDEN (for himself and Mr. Merkley):
S. 818. A bill to amend the Grand Ronde Reservation Act to make
technical corrections, and for other purposes; to the Committee on
Indian Affairs.
Mr. WYDEN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 818

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. ADDITIONAL LAND FOR RESERVATION.

Section 1 of the Act entitled ``An Act to establish a
reservation for the Confederated Tribes of the Grand Ronde
Community of Oregon, and for other purposes,'' approved
September 9, 1988 (Public Law 100-425; 102 Stat. 1594; 102
Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108
Stat. 4566; 112 Stat. 1896), is amended--
(1) in subsection (a)--
(A) by striking ``Subject to valid'' and inserting the
following:
``(1) In general.--Subject to valid''; and
(B) by adding after paragraph (1) (as designated by
subparagraph (A)) the following:
``(2) Additional trust acquisitions.--
``(A) In general.--The Secretary may accept title to any
additional number of acres of real property located within
the boundaries of the original 1857 reservation of the
Confederated Tribes of the Grand Ronde Community of Oregon
established by Executive Order dated June 30, 1857, comprised
of land within the political boundaries of Polk and Yamhill
Counties, Oregon, if that real property is conveyed or
otherwise transferred to the United States by or on behalf of
the Tribe.
``(B) Treatment of trust land.--
``(i) In general.--Applications to take land into trust
within the boundaries of the original 1857 reservation shall
be treated by the Secretary as an on-reservation trust
acquisition.
``(ii) Gaming.--Any real property taken into trust under
this paragraph shall not be eligible, or used, for any Class
II or Class III gaming activity carried out under the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.), except for
real property within 2 miles of the gaming facility in
existence on the date of enactment of this paragraph that is
located on State Highway 18 in the Grand Ronde community of
Oregon.
``(C) Reservation.--All real property taken into trust
within those boundaries at any time after September 9, 1988,
shall be part of the reservation of the Tribe.''; and
(2) in subsection (c)--
(A) in the matter preceding the table, by striking ``in
subsection (a) are approximately 10,311.60'' and inserting
``in subsection (a)(1) are approximately 11,349.92''; and
(B) in the table--
(i) by striking the following:

``6 7 8 Tax lot 800 5.55'';

and inserting the following:

``6 7 7, 8, 17, Former tax lot 800, 5.55'';
18 located within the
SE \1/4\ SE \1/4\ of
Section 7; SW \1/4\
SW \1/4\ of Section
8; NW \1/4\ NW \1/4\
of Section 17; and
NE \1/4\ NE \1/4\ of
Section 18

(ii) in the acres column of the last item added by section
2(a)(1) of Public Law 103-445 (108 Stat. 4566), by striking
``240'' and inserting ``241.06''; and
(iii) by striking all text after

``6 7 18 E \1/2\ NE \1/4\ 43.42'';

and inserting the following:

``6 8 1 W \1/2\ SE \1/4\ SE 20.6
\1/4\
6 8 1 N \1/2\ SW \1/4\ SE 19.99
\1/4\
6 8 1 SE \1/4\ NE \1/4\ 9.99
6 8 1 NE \1/4\ SW \1/4\ 10.46
6 8 1 NE \1/4\ SW \1/4\, 12.99
NW \1/4\ SW \1/4\
6 7 6 SW \1/4\ NW \1/4\ 37.39
6 7 5 SE \1/4\ SW \1/4\ 24.87
6 7 5, 8 SW \1/4\ SE \1/4\ of 109.9
Section 5; and NE
\1/4\ NE \1/4\, NW
\1/4\ NE \1/4\, NE
\1/4\ NW \1/4\ of
Section 8
6 8 1 NW \1/4\ SE \1/4\ 31.32
6 8 1 NE \1/4\ SW \1/4\ 8.89
6 8 1 SW \1/4\ NE \1/4\, 78.4
NW \1/4\ NE \1/4\
6 7 8, 17 SW \1/4\ SW \1/4\ of 14.33
Section 8; and NE
\1/4\ NW \1/4\, NW
\1/4\ NW \1/4\ of
Section 17

[[Page S1667]]

6 7 17 NW\1/4\ NW \1/4\ 6.68
6 8 12 SW \1/4\ NE\1/4\ 8.19
6 8 1 SE \1/4\ SW \1/4\ 2.0
6 8 1 SW \1/4\ SW \1/4\ 5.05
6 8 12 SE \1/4\, SW \1/4\ 54.64
6 7 17, 18 SW \1/4\, NW \1/4\ 136.83
of Section 17; and
SE \1/4\, NE \1/4\
of Section 18
6 8 1 SW \1/4\ SE \1/4\ 20.08
6 7 5 NE \1/4\ SE \1/4\, 97.38
SE \1/4\ SE \1/4\,
E \1/2\ SE \1/4\ SW
\1/4\
4 7 31 SE \1/4\ 159.60
6 7 17 NW \1/4\ NW \1/4\ 3.14
6 8 12 NW \1/4\ SE \1/4\ 1.10
6 7 8 SW \1/4\ SW \1/4\ 0.92
6 8 12 NE \1/4\ NW \1/4\ 1.99
6 7 7 NW \1/4\ NW \1/4\ of
Section 7; and
6 8 12 S \1/2\ NE \1/4\, E 86.48
\1/2\ NE \1/4\ NE
\1/4\ of Section 12
6 8 12 NE \1/4\ NW \1/4\ 1.56
6 7 6 W \1/2\ SW \1/4\ SW
\1/4\ of Section 6;
and
6 8 1 E \1/2\ SE \1/4\ SE 35.82
\1/4\ of Section 1
6 7 5 E \1/2\ NW \1/4\ SE 19.88
\1/4\
6 8 12 NW \1/4\ NE \1/4\ 0.29
6 8 1 SE \1/4\ SW \1/4\ 2.5
6 7 8 NE \1/4\ NW \1/4\ 7.16
6 8 1 SE \1/4\ SW \1/4\ 5.5
6 8 1 SE \1/4\ NW \1/4\ 1.34
......... Total 11,349.92''.

______

By Mrs. FEINSTEIN (for herself and Mr. Leahy):
S. 821. A bill to establish requirements with respect to bisphenol A;
to the Committee on Health, Education, Labor, and Pensions.
Mrs. FEINSTEIN. Mr. President, I remain concerned about the high
levels of exposure Americans have to Bisphenol-A, BPA, an endocrine-
disrupting chemical. BPA is a synthetic estrogen, which means that it
mimics this hormone when in the body. Scientific studies continue to
show cause for concern, especially for the health effects on babies,
children, and expectant mothers. While these studies continue to
examine the exact effects that BPA has on humans, consumers deserve
more information.
BPA is most commonly found in food products, such as the lining of
canned goods like string beans, but consumers have no clear way of
knowing this. The BPA in Food Packaging Right to Know Act is a simple
solution to fix this problem. This legislation requires that food
packaging that uses BPA include a clear label that reads, ``This food
packaging contains BPA, an endocrine-disrupting chemical, according to
the National Institutes of Health.'' This is basic information that
consumers have the right to know so they can make informed decisions
about the products they wish to purchase.
This legislation also directs the Department of Health and Human
Services to do a safety assessment of food containers that use BPA to
determine if there is reasonable certainty that no harm will come from
exposure, including from low doses over the long term. This safety
standard would also apply to the evaluation of alternatives to BPA to
ensure that replacement chemicals are not simply causing the same harm
by a different name. The legislation calls specific attention to the
effects of exposure on vulnerable populations, such as infants,
children, pregnant women, and workers who are exposed through
production practices or handling of final products.
I am particularly concerned about the negative health effects to
children who are exposed to chemicals both while they are developing in
the womb and in the first few years of their lives. Children are
particularly susceptible to toxins while their bodies are developing at
such a rapid pace.
According to Dr. Heather Patisaul, a biologist at North Carolina
State University, when pregnant women are exposed to BPA and other
endocrine-disrupting chemicals, three generations are impacted: the
mother, the fetus, and the reproductive cells in the fetus. She cites
that nearly 100 studies have shown an association between BPA exposure
and negative health effects in humans. These include reproductive
disorders, behavioral problems in children, and heart disease. In
addition, there are over 1200 published animal studies on effects of
BPA that show potential links to cancer, tumors, and brain development
disorders.
A recent study published in Hypertension, a journal by the American
Heart Association, found that individuals who drank beverages from
containers made with BPA had an acute increase in their blood pressure,
compared with individuals who drank the same beverage from containers
that did not use BPA. This shows the potential for an increased risk
for heart disease.
Another recent study, published in Endocrinology, a journal by the
Endocrine Society, shows a link between fetal exposure to BPA and
increased oxidative stress--an imbalance in the body's ability to
protect against and repair cell damage.
According to the Centers for Disease Control and Prevention, 93
percent of Americans have BPA in their bodies. As a society we are
constantly exposed to low doses of this chemical over a long timeframe.
Consumers deserve the opportunity to have more control over their own
exposure and at the least should be provided information about if BPA
is in the food products that they purchase.
I urge my colleagues to join me in supporting the BPA in Food
Packaging Right to Know Act and stand up for the rights of consumers to
have this basic information.
______

By Mr. WYDEN (for himself, Mr. Risch, Mr. Merkley, Ms. Murkowski,
and Mr. Crapo):
S. 822. A bill to expand geothermal production, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. WYDEN. Mr. President, today I am proud to introduce the
Geothermal Production Expansion Act of 2015 with my colleagues Senators
Risch, Merkley, Murkowski, and Crapo.
This bipartisan bill will allow for the rapid expansion of already
identified geothermal resources without the additional delays of
competitive leasing and without opening up those adjacent properties to
speculative bidders who have no interest in developing the resource. At
the same time that the bill streamlines the leasing process, it also
protects the taxpayer by requiring that developers pay fair market
value for the new lease, and limiting the amount of adjacent Federal
land that can be leased to 640 acres.
The Bureau of Land Management, which manages geothermal projects on
federal land under lease agreements, estimates about 250 million acres
of federal land contains geothermal power potential. Geothermal energy
projects that are producing geothermal power under the BLM's management
make up about half of the total geothermal generating capacity in the
United States. This legislation takes an important step to speed the
development of this tremendous clean energy potential on public lands,
and I urge my colleagues to support it.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.

[[Page S1668]]

There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 822

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Geothermal Production
Expansion Act of 2015''.

SEC. 2. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR
DEVELOPMENT OF GEOTHERMAL RESOURCES.

Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term `fair market
value per acre' means a dollar amount per acre that--

``(I) except as provided in this clause, shall be equal to
the market value per acre (taking into account the
determination under subparagraph (B)(iii) regarding a valid
discovery on the adjoining land) as determined by the
Secretary under regulations issued under this paragraph;
``(II) shall be determined by the Secretary with respect to
a lease under this paragraph, by not later than the end of
the 180-day period beginning on the date the Secretary
receives an application for the lease; and
``(III) shall be not less than the greater of--

``(aa) 4 times the median amount paid per acre for all land
leased under this Act during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term `industry standards'
means the standards by which a qualified geothermal
professional assesses whether downhole or flowing temperature
measurements with indications of permeability are sufficient
to produce energy from geothermal resources, as determined
through flow or injection testing or measurement of lost
circulation while drilling.
``(iii) Qualified federal land.--The term `qualified
Federal land' means land that is otherwise available for
leasing under this Act.
``(iv) Qualified geothermal professional.--The term
`qualified geothermal professional' means an individual who
is an engineer or geoscientist in good professional standing
with at least 5 years of experience in geothermal
exploration, development, or project assessment.
``(v) Qualified lessee.--The term `qualified lessee' means
a person that may hold a geothermal lease under this Act
(including applicable regulations).
``(vi) Valid discovery.--The term `valid discovery' means a
discovery of a geothermal resource by a new or existing slim
hole or production well, that exhibits downhole or flowing
temperature measurements with indications of permeability
that are sufficient to meet industry standards.
``(B) Authority.--An area of qualified Federal land that
adjoins other land for which a qualified lessee holds a legal
right to develop geothermal resources may be available for a
noncompetitive lease under this section to the qualified
lessee at the fair market value per acre, if--
``(i) the area of qualified Federal land--

``(I) consists of not less than 1 acre and not more than
640 acres; and
``(II) is not already leased under this Act or nominated to
be leased under subsection (a);

``(ii) the qualified lessee has not previously received a
noncompetitive lease under this paragraph in connection with
the valid discovery for which data has been submitted under
clause (iii)(I); and
``(iii) sufficient geological and other technical data
prepared by a qualified geothermal professional has been
submitted by the qualified lessee to the applicable Federal
land management agency that would lead individuals who are
experienced in the subject matter to believe that--

``(I) there is a valid discovery of geothermal resources on
the land for which the qualified lessee holds the legal right
to develop geothermal resources; and
``(II) that thermal feature extends into the adjoining
areas.

``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--

``(I) publish a notice of any request to lease land under
this paragraph;
``(II) determine fair market value for purposes of this
paragraph in accordance with procedures for making those
determinations that are established by regulations issued by
the Secretary;
``(III) provide to a qualified lessee and publish, with an
opportunity for public comment for a period of 30 days, any
proposed determination under this subparagraph of the fair
market value of an area that the qualified lessee seeks to
lease under this paragraph; and
``(IV) provide to the qualified lessee and any adversely
affected party the opportunity to appeal the final
determination of fair market value in an administrative
proceeding before the applicable Federal land management
agency, in accordance with applicable law (including
regulations).

``(ii) Limitation on nomination.--After publication of a
notice of request to lease land under this paragraph, the
Secretary may not accept under subsection (a) any nomination
of the land for leasing unless the request has been denied or
withdrawn.
``(iii) Annual rental.--For purposes of section 5(a)(3), a
lease awarded under this paragraph shall be considered a
lease awarded in a competitive lease sale.
``(D) Regulations.--Not later than 270 days after the date
of enactment of the Geothermal Production Expansion Act of
2015, the Secretary shall issue regulations to carry out this
paragraph.''.
______

By Mr. DAINES:
S. 826. A bill to amend title 5, United States Code, to sunset rules
after 10 years unless agencies undergo notice and comment rulemaking,
and for other purposes; to the Committee on Homeland Security and
Governmental Affairs.
Mr. DAINES. Mr. President, when I travel across the State of Montana,
from Alzada to Whitefish, I meet many different people and small
businesses. Although the diversity of thought in Montana is self-
evident to anyone who has spent time there, everyone agrees on one
thing. Regulation dictated by bureaucrats in Washington, D.C. is
stifling entrepreneurial creativity, pushing opportunities overseas,
and killing jobs.
While many burdensome regulations are new, through adoption of laws
such as the Dodd-Frank Wall Street Reform Act and the Affordable Care
Act, still many more have been on the books for years without review.
In an evolving and dynamic economy, regulators should, at the very
least, review their regulations on a periodic basis, allow for public
input, and eliminate any rules that are either obsolete or unnecessary.
Oftentimes, regulation has unintended consequences on Montana's small
businesses. In discussions about the harmful impacts of regulations
with Montanans, Vicki Bertelsen, who is the President of K&K Trucking
in Great Falls, said, ``Burdensome reporting requirements eat up too
many business hours every month. I would rather be growing my business
than sending redundant [and] antiquated paperwork to the government.''
With nearly 175,000 pages in the Code of Federal Regulations, it is
easy to understand how regulations are keeping people from getting back
to work.
That is why today I am introducing the Regulatory Examination Vital
for Improving and Evaluating Working Solutions, REVIEWS, Act. While
this bill recognizes that many regulations serve a noble purpose in
protecting consumers and natural resources, it also seeks to address a
structural deficiency in government agencies which allow obsolete and
unnecessary regulations to remain in the Code of Federal Regulations.
Because agencies operate on limited resources, they focus their efforts
on drafting new regulatory rules, rather than monitoring the rules that
already exist. While most agency employees are well-intentioned, this
structural deficiency places a greater emphasis on creating rules,
rather than monitoring the application and effectiveness of existing
rules, only to the detriment of Americans.
The REVIEWS Act will require agencies to periodically review each
regulation every ten years using the Notice and Comment process. This
requirement will ensure that obsolete regulations are recognized and
eliminated and that regulatory cost considerations are properly
evaluated. If a rule is not reviewed at least every 10 years, it cannot
be enforced in court. This requirement will provide public
accountability and force regulators to periodically examine existing
rules.
It is my hope that this common sense bill will ultimately reduce the
regulatory burden on Americans and allow them to freely pursue their
ends, independently of government intervention.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 826

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Regulatory Examination Vital
for Improving and Evaluating Working Solutions Act of 2015''
or the ``REVIEWS Act''.

SEC. 2. DEFINITIONS.

In this Act, the terms ``agency'' and ``rule'' have the
meanings given those terms in section 551 of title 5, United
States Code.

SEC. 3. REGULATORY SUNSET.

(a) In General.--Section 553 of title 5, United States
Code, is amended by adding at the end the following:

[[Page S1669]]

``(f) Effective Date of Rules.--
``(1) In general.--Except as provided in paragraph (2), any
rule required to be promulgated in accordance with this
section shall cease to be effective on the date that is 10
years after the date on which the agency promulgates the
rule.
``(2) Exception.--The effective period of a rule described
in paragraph (1) may be extended for additional periods of
not more than 10 years if, before the date on which the rule
ceases to be effective, the agency that promulgated the rule
complies with the procedures under this section as if the
rule were a new rule to be issued by the agency.''.
(b) Effective Date.--The amendment made under subsection
(a) shall apply to a rule promulgated by an agency after the
date of enactment of this Act.

SEC. 4. ENFORCEMENT OF RULES.

(a) Actions Reviewable.--Section 704 of title 5, United
States Code, is amended--
(1) by striking ``Agency action'' and inserting the
following:
``(a) In General.--Agency action''; and
(2) by adding at the end the following:
``(b) Clarification of Final Agency Action.--For purposes
of this section, the term `final agency action' includes
interpretative rules, general statements of policy, and rules
of agency organization, procedure, or practice issued by an
agency.''.
(b) Review in Court of Appeals.--Section 2342 of title 28,
United States Code, is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (7) the following new
paragraph:
``(8) all rules of an agency (as defined under section 551
of title 5) that--
``(A) ceased to be effective under section 553(f) of such
title; and
``(B) the agency continues to enforce.''.

____________________